Campbell City Council
December 5, 2023

Ordinance No. _____

BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL EXTENDING URGENCY REVISIONS TO TITLE 21

RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS TO CONFORM WITH COMPLIANCE

FINDINGS OF THE CALIFORNIA DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT (HCD) ADOPTED UNDER ORDINANCE
NO. 2299. PLN-2023-132

WHEREAS, on June 30, 2023, the City of Campbell received a letter from the California Department of Housing and Community Development (HCD) providing written findings pursuant to Government Code 65852.2(h) identifying certain section(s), subsection(s), sentence(s), clause(s), and/or phrase(s) of the City's a ccessory dwelling unit ordinance that do not comply with State law;

WHEREAS, on July 27, 2023, the Community Development Director transmitted a letter in response to HCD's written findings, within the 30- day period provided by the statute, acknowledging a need to amend the City's accessory dwelling unit ordinance, and requesting additional clarification and information;

WHEREAS, as of the date of this interim ordinance, the City of Campbell has yet to receive a written response from the HCD regarding the requested additional clarification and information;

WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the HCD's written findings in that the City’s local accessory dwelling unit ordinance is no longer consistent with Government Code Sections 65852.2 and 65852.22, rendering the City's ordinance null and void, thereby limiting the City to applying the few default statutory standards provided in the aforementioned Government Code sections for the approval of accessory dwelling units and junior accessory dwelling units.

WHEREAS, the City is undertaking a study to development permanent zoning standards to conform its current zoning code provisions to conform to the HCD's written findings, which shall be completed within a reasonable time, not to exceed 23 months from the adoption of this interim ordinance.

WHEREAS, the City seeks to avoid any conflicts with the contemplated permanent zoning standards implementing State law.

WHEREAS, pursuant to Section 65858 of the Government Code and Section

21.60.090 of the Campbell Municipal Code, the City Council may take appropriate action to adopt urgency measures as an interim ordinance.

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Attachment: ADU Interim Ordinance - Extension Ordinance (ADU Interim Ordinance - Extension Ordinance)

WHEREAS, the approval of accessory dwelling units and junior accessory dwelling units based solely on the few default statutory standards of the California Government Code, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, negatively impact property values, personal privacy, fire safety, and create confusion that would hinder the creation of accessory dwelling units and junior accessory dwelling units within the community.

WHEREAS, in consideration of the foregoing findings, the City Council further finds that there is a current and immediate threat to the public health, safety, or welfare, justify adoption of this interim ordinance on an urgency basis to be effective immediately upon adoption by a four-fifths vote of the City Council.

WHEREAS, on November 7, 2023, the City Council adopted an interim ordinance (Ordinance No. 2299) to adopt urgency Revisions to Title 21 related to Accessory Dwelling Units and Junior Accessory Dwelling Units to conform with compliance findings of the California Department of Housing and Community Development (HCD).

WHEREAS, pursuant to Section 65858 of the Government Code, the City Council may extend the interim ordinance for 10 months and 15 days after public notification and following a public hearing.

WHEREAS, extension of this interim ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resource Code Section 21080.17 which exempts the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code relating to t he construction of accessory dwelling units.

WHEREAS, the City Council finds and determines that the proposed interim ordinance would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and is internally consistent with other applicable provisions of the Campbell Municipal Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1 (SEVERABILITY): If any section, subsection, sentence, clause, or phrase of this interim ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the interim ordinance. The City Council hereby declares that it would have passed this interim ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional withou t regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 2 (PUBLICATION): The City Clerk shall cause this interim ordinance to be published at least once in a newspaper of general circulation within 15 days after its adoption in accordance with Government Code Section 36933.

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Attachment: ADU Interim Ordinance - Extension Ordinance (ADU Interim Ordinance - Extension Ordinance)

SECTION 3 (PUBLICATION): The City Clerk shall cause this interim ordinance to be published at least once in a newspaper of general circulation within 15 days after its adoption in accordance with Government Code Section 36933.

SECTION 4 (EFFECTIVENESS): Interim Ordinance No. 2299 is hereby extended to December 31, 202 4, or until it is superseded by adoption of superseding ordinance, whichever comes first.

PASSED AND ADOPTED this _____ day of ____________, 2023 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

________________________
Anne Bybee, Mayor

ATTEST:

_______________________________
Andrea Sanders, City Clerk

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Attachment: ADU Interim Ordinance - Extension Ordinance (ADU Interim Ordinance - Extension Ordinance) Ordinance No. 2299

BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING URGENCY REVISIONS TO TITLE 21

RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS TO CONFORM WITH COMPLIANCE

FINDINGS OF THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT ( HCD).

WHEREAS, on June 30, 2023, the City of Campbell received a letter from the California Department of Housing and Community Development ( HCD) providing written findings pursuant to Government Code 65852. 2( h) identifying certain section( s), subsection( s), sentence( s), clause( s), and/ or phrase( s) of the City' s accessory dwelling unit ordinance that do not comply with State law;
WHEREAS, on July 27, 2023, the Community Development Director transmitted a letter in response to HCD' s written findings, within the 30-day period provided by the statute, acknowledging a need to amend the City's accessory dwelling unit ordinance, and requesting additional clarification and information; WHEREAS, as of the date of this interim ordinance, the City of Campbell has yet to receive a written response from the HCD regarding the requested additional clarification and information;
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the HCD' s written findings in that the City' s local accessory dwelling unit ordinance is no longer consistent with Government Code Sections 65852. 2 and 65852. 22, rendering the City' s ordinance null and void, thereby limiting the City to applying the few default statutory standards provided in the aforementioned Government Code sections for the approval of accessory dwelling units and junior accessory dwelling units.

WHEREAS, the City is undertaking a study to development permanent zoning standards to conform its current zoning code provisions to conform to the HCD' s written findings, which shall be completed within a reasonable time, not to exceed 23 months from the adoption of this interim ordinance.

WHEREAS, the City seeks to avoid any conflicts with the contemplated permanent zoning standards implementing State law.

WHEREAS, pursuant to Section 65858 of the Government Code and Section 21 .60.090 of the Campbell Municipal Code, the City Council may take appropriate action to adopt urgency measures as an interim ordinance.

WHEREAS, the approval of accessory dwelling units and junior accessory dwelling units based solely on the few default statutory standards of the California Government Code, without local regulations governing height, setback, landscape, and architectural

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) review, among other things, would threaten the character of existing neighborhoods, negatively impact property values, personal privacy, fire safety, and create confusion that would hinder the creation of accessory dwelling units and junior accessory dwelling units within the community.

WHEREAS, in consideration of the foregoing findings, the City Council further finds that there is a current and immediate threat to the public health, safety, or welfare, justify adoption of this interim ordinance on an urgency basis to be effective immediately upon adoption by a four- fifths vote of the City Council.

WHEREAS, adoption of this interim ordinance is exempt from the California Environmental Quality Act ( CEQA) pursuant to Public Resource Code Section 21080. 17 which exempts the adoption of an ordinance by a city or county to implement the provisions of Section 65852. 1 or Section 65852. 2 of the Government Code relating to the construction of accessory dwelling units.

WHEREAS, the City Council finds and determines that the proposed interim ordinance would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and is internally consistent with other applicable provisions of the Campbell Municipal Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1 ( PURPOSE): This interim ordinance adopts urgency revisions to Chapter 21 .23 ( Accessory Dwelling Units) and related sections of the Campbell Municipal Code in compliance written findings provided by the California Department of Housing and Community Development ( HCD).

SECTION 2 ( APPLICABILITY): This interim ordinance is applicable to the creation of accessory dwelling units and junior accessory dwelling units, including such units that are created as part of a " SB-9 proposed housing development" pursuant to Chapter 21.25 Two- Unit Housing Developments).

SECTION 3 ( URGENCY REVISIONS — Chapter 21. 23): Chapter 21. 23 ( Accessory Dwelling Units) of the Campbell Municipal Code is hereby amended as set forth. Additions are indicated by underlined text and deletions are indicated by strikethrough text.

Chapter 21. 23 ACCESSORY DWELLING UNITS

21. 23. 010 Purpose.

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. It is not the intent of this

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) Chapter to override any lawful use restrictions as may be set forth in Conditions, Covenants, and Restrictions ( CC& Rs)
Ord. No. 2252 , § 7, 11- 19- 2019)

21. 23. 020 Minimum Standards for Eligibility.

One accessory dwelling unit and one junior aAccessory 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 lawfully constructed 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.

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 (1) 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.

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) 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 ( 1) 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.

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 multi- family 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 ( 2) 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 ( 1) accessory dwelling unit and up to one ( 1) accessory dwelling unit for every four ( 4) 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 ( 1) 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.

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

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) 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 (1) 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 ( 800) square feet, with rear and interior side setbacks not less than four 4) feet, and height not exceeding:

1. Detached accessory dwelling units. Eighteen ( 18) feet; or

2. Attached or interior accessory dwelling units. Twenty- five ( 25) 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.

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance)

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 800 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.

21. 23. 030 Accessory Dwelling Unit Development Standards.

An accessory dwelling unit shall be constructed only in accordance with the following development standards, except as provided by Section 21 . 23. 0 '-'?`: ( 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. Detached 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 Tale 3- 1.

C. Open space. Except as provided for Statewide Exemption Accessory Dwelling Units, Creation 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, Gcreation 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).

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) E. Setbacks. Except as provided for Statewide Exemption Accessory Dwelling Units, c
r, accessory dwelling unit shall conform to the setback standards specified by Table 3- 1 , below:

Table 3- 1 — Setback Standards
Requirement ( 2)
Setback ( 1)
Detached ADUs
Interior and
Attached ADUs
The same standard as
Front for the primary dwelling
Property Line unit The same standard as
Setbacks Interior Sides for the primary dwelling
Rear
4 feet unit
Street Side 124 feet ( 3)
If located in front of the
primary dwelling unit
10 feet
Separation from
If located behind the
Primary Dwelling Unit primary dwelling unit Not applicable If located to the side of
the primary dwelling 5 feet
unit
If located in front of the
accessory structureSeparation from
If located behind the
10 feet As specified by Section
Accessory
accessory structure 21. 36. 020 ( Accessory
Structure( s)
If located to the side of
structures)
the accessory structure
5 feet
Exceptions:
1) Cornices, eaves, sills, canopies, bay windows, or other similar architectural features may extend into required setbacks and building separation distances as specified Section 21. 18. 040. B. 1. 2) No setback shall be required for an existing accessory structure that is converted ( in whole or in part) to an accessory dwelling unit, nor for an accessory dwelling unit created within the existing space of a primary dwelling unit
3) In order to ensure adequate site visibility for pedestrian and vehicular safety, in no circumstance shall an accessory dwelling unit 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).

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. The maximum floor area for a detached accessory dwelling unit the existing space of an accessory structure, which is limited to the existing size of the accessory structure. An accessory dwelling unit shall conform with the following size maximums:

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance)

1. Detached accessory dwelling units. The maximum floor area for a detached accessory dwelling unit shall be one thousand two hundred ( 1,200) 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 ( 850) square feet shall be permitted for a studio or one- bedroom unit, and one thousand ( 1,000) 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 ( 18) 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 lawfully constructedexisting 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 ( 25) 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

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) 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,

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) 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)

21.23.040 Junior Accessory Dwelling Unit Development Standards.

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), oneA junior accessory dwelling unit may be constructed or created on a parcel developed with no more than one 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 ( 500) square feet in area. The occupied floor area shall be within the allowable floor area of a primary dwelling unit or detached accessory 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) or detached accessory dwelling unit.

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

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) 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)

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. 0276 , ( 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 with-in 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 ; 30C; 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. 1 (Maximum height and stories).

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) D. Non- conforminq 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 Multi- Family Development and Design Standards.

Ord. No. 2252, § 7, 11- 19- 2019; Ord. No. 2286, § 16, 8- 16- 2022)

21. 23. 060 Special Provisions for Historic Properties.

The followingadditionalrequirementsand restrictionsapplyto creationof accessory dwelling units on properties listed on the historic resource inventory 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) Thais section provides exceptiTionrsto--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 cxcccdancc of.-development standards for any other type or form of accessory dwelling unit.

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) a height not exceeding 18 feet.

C. Exemptions. Statewide exemption accessory dwelling units arc ex otherwise required ( 1) front setback, ( 2) building s
lot coverage, ( 4) open space, and ( 5) design requirements specified by Section restrictions of this Chapter shall continue to apply.

Exception: In order to ensure adequate site visibility for pedestrian and vehicular of Section 21. 18. 060 ( Fences, walls, lattice and screens).

D. Review. An application for a statewide exemption accessory dwelling unit shall review as otherwise required by Section 21.23.080 (Approval process).

E. Restriction. A statewide exemption accessory dwelling unit permitted under this secti n shall nett- be expanded- in—sizeb yond 800 square foot in floor area including attachment of a garage or other uninhabitable space. The community this restriction.

21. 23. 070 General Requirements and Restrictions.

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

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) 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.

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)

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

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) 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 single- family 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 requlations) 930 ( P- D Planned development) zoning district) 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 daysixty- 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 daysixty- 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)

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance)

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)

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.

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) C. Relief. The City shall not deny a permit to legalize an unpermitted accessory dwelling solely due to non- compliance 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 permitted to exercise the setback exception for non conforming structures provided for 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.

21. 23. 110 Incentives and Promotion.

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)

21. 23. 115 Severability.

If at any time the California Department of Housing and Community Development submits to the City written findings pursuant to Government Code 65852. 2( h) identifying certain section( s), subsection( s), sentence( s), clause( s), and/ or phrase( s) of this Chapter do not comply with State law, then those specific section( s), subsection( s), sentence( s), clause( s), and/ or phrase( s) shall no longer be in effect, such that this Chapter shall maintain its consistency with Government Code 65852. 2 and not subject to nullification as provided for Government Code 65852. 2( a)( 6). The City Council hereby declares that it would have passed adopted this Chapter and each and every section, subsection, sentence, clause, or phrase not declared not in compliance with the

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) California Government Code without regard to whether any portion of this Chapter would be subsequently declared non- complaint.

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. 11CLThE0
Figure 3. 6( a)
Attached accessory dwelling unit

2. " Detached accessory dwelling unit" means an accessory dwelling unit that is_; 1) constructed as a separate structure from the primary dwelling unit_; or ( 2) contained within the existing space of an accessory structure( as defined herein).

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) UT
01' L A.,.L
En
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; of ( 3) created from non- livable space of a multifamily dwelling;- or (4) contained within the existing space of an accessory structure as defined herein).
grin- liru & \
611
Jf
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.

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) 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.

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.

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.

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) SECTION 4( URGENCY REVISIONS— TREE PROTECTION): Campbell Municipal Code Section 21. 32. 060 ( Exemptions) is amended to add a new subsection ' G,' as- follows- with Underlining indicating new text:

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) G. Exempt Accessory Dwelling Units. Trees required to be removed in association with the construction act statewide exemption accessory dwelling units in compliance with Section 21. 23. 027. C. 3 (Tree preservation).

SECTION 5 ( URGENCY REVISIONS — TWO- UNIT DEVELOPMENT): Section

21. 25. 080. A ( Accessory Dwelling Units) of the Campbell Municipal Code is hereby amended as set forth. Additions are indicated by underlined text and deletions are indicated by strikethrough ( strikethrough-) text.

A. Accessory Dwelling Units. In addition to the two primary dwelling units comprising a proposed housing development, accessory dwelling units may be allowed as follows, consistent with 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:

Parcels with t o single family ` J ellings shall be permitted ono accessory The acce&cory dwelling units may be connected to each
side or front to back configuration or stacked with one exceeding the maximum building height specified by Section 21. 25. 050. A Building height/ number of stories);
structure, as herein defined.

SECTION 6 ( URGENCY REVISIONS — RESIDENTIAL DISTRICTS): Section 21. 08. 050 Residential development standards) of the Campbell Municipal Code is hereby amended as set forth. Additions are indicated by underlined text and deletions are indicated by strikethrough ( strikethre- ug-h) text.

Table 2- 4
General Development Standards — Residential Districts
Development Zoning District Map Symbol
Standard R- 1 LMDR MDR MHDR HDR MHP
Maximum Floor Area
Ratio ( FAR) 45 ( 1) See CMC 21. 07 — Multi-
N/ A
Family Development and
Maximum Lot Coverage 40%
Design Regulations for the
N/ A
Minimum Useable
specified form- based zone.

Required- Open Space
750 sq. ft. 3) ( 4) N/ A
Minimum Setbacks

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) Front 20 ft. N/ A
Side ( each) 5 ft. ( 2) N/ A
Street Side ( where See CMC 21. 07 — Multi-
applicable)
12 ft.

Family Development and
N/ A
Rear 5 ft. ; 2) Design Regulations for the N/ A
Parking Structure or specified form- based zone.

Garage to Public Right 25 ft. 3) ( 4) N/ A
of Way
Maximum Height and Stories
Main Structure
35 ft. N/ A
Maximum Height
See CMC 21. 07 — Multi-
Homes
Family Development and must be
Design Regulations for the
less
Main Structure shall
Maximum Stories
2 '/ 2 stories specified form- based zone.
not
3) ( 4)
exceed
one
story
Distance Between Non- Accessory Structures on the Same Lot The distance
See CMC 21. 07 — Multi-
Minimum Separation equal to the Family Development and
Required taller of the two
Design Regulations for the N/ A
structures.
specified form- based zone.
3) ( 4)
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 ('/ 2) 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 ( 5) 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

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) 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 ( 3) to seven ( 7) units shall not be less than 1.0, and the maximum FAR of a housing development project consisting of eight ( 8) to ten ( 10) units shall not be less than 1.25, when the following conditions are met:
a. The housing development project consists of at least 3, but not more than 10, 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, Tthe 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 300 square feet per dwelling unit, the LMDR zone shall have a maximum floor area ratio of 50%, and the MDR, MHDR, and HDR zones shall have a maximum floor area ratio of 55%. Further, the MHDR and HDR zones shall be permitted to build up to 3- stories and 40- feet in height.

SECTION 7 ( SEVERABILITY): If any section, subsection, sentence, clause, or phrase of this interim ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the interim ordinance. The City Council hereby declares that it would have passed this interim ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 8 ( STATE LAW). Any provision of this interim ordinance which is inconsistent with Government Code Section 65852. 2, Section 65852. 22, or Section 65852. 23, shall

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance) be interpreted in a manner which is the most limiting on the ability to create an accessory dwelling unit or junior accessory dwelling unit, but which is consistent with State law. The provisions of this interim ordinance shall supersede and take precedence over any inconsistent provision of the Campbell Municipal Code to that extent necessary to effect the provisions of this interim ordinance for the duration of its effectiveness.

SECTION 9 ( PUBLICATION): The City Clerk shall cause this interim ordinance to be published at least once in a newspaper of general circulation within 15 days after its adoption in accordance with Government Code Section 36933.

SECTION 10 ( EFFECTIVENESS): This interim ordinance shall become effective on November 7, 2023, for a period of 45 days, unless extended by the City Council.

PASSED AND ADOPTED this 7thday of November, 2023 by the following roll call vote:

AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
a/
o(-(_&/- 1--<—
Anne Bybee, Mayor
ATTEST:
t/ HCIL 4n
Andrea Sar' d rs, City Clerk

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Attachment: Ordinance No. 2299 (ADU Interim Ordinance - Extension Ordinance)

City
Council
Report

TITLE: Review and Provide Feedback on Recommendations from the Planning Commission’s Ad -Hoc Economic Development Advisory Sub-Committee on Proposed Amendments to the Campbell
Municipal Code Related to the Permissibility of Land Uses in Commercial, Office, and Industrial Zoning Districts to Support Business Attraction and Retention Objectives Identified During Preparation of the City’s Updated Economic Development Plan.

RECOMMENDED ACTION

That the City Council receive the report and provide feedback on proposed amendments to the Campbell Municipal Code related to the permissibility of land uses in commercial, office, and industrial zoning districts.

PURPOSE
This item solicits direction and feedback on recommendations from the Planning Commission’s Ad -Hoc Economic Development Advisory Sub -Committee on proposed amendments to the Campbell Municipal Code to support objectives identified during preparation of the City’s updated Economic Development Plan. Specifically, the proposed amendments intend to implement regulatory reform to remove unnecessary permitting challenges for new and expanding businesses in Campbell.

BACKGROUND
The City of Campbell is in the process of updating its Economic Development Plan (“Plan”) which was last adopted in 2017. As a first phase in the preparation of updates to the Plan, the City’s Economic Development consultant team presented an Existing Conditions report at a joint meeting of the City Council Economic Development Subcommittee and Ad -Hoc Advisory Sub -Committee on July 27, 2023 , and subsequently to the City Council on September 5, 2023. The Existing Conditions report summarized feedback from key stakeholders and identified initial areas where the City should focus to support economic development. A prominent focus area identified in the report was feedback from stakeholders concerning challenges with the city’s permitting process based on current code requirements, including the need to obtain a Conditional Use Permit for many types of businesses in the city.

On July 11, 2023, the Planning Commission created an Economic Development Ad-Hoc Advisory Sub-Committee to focus on identifying areas where the city could streamline Item: 15
Category: NEW BUSINESS
Meeting Date: December 5, 2023
15 Packet Pg. 182
Review of Permissibility of Land Uses & Permit Process Page 2 of 11 its permitting requirements for businesses, specifically reducing the need to obtain a Conditional Use Permit unless necessary. Commissioners Davis Fields and Matt Kamkar volunteered to comprise the Economic Development Ad -Hoc Advisory Sub - Committee.

On October 24, 2023, the Planning Commission held a Study Session to consider the changes recommended by the Ad -Hoc Advisory Sub -Committee discussed in this report. The Planning Commission discussion primarily focused on how new zoning tools may be used to reduce the need for discretionary permits (i.e., Conditional Use Permits), by identifying specific circumstances that warrant review (i.e., such as when medical office uses start to occupy too great a percentage of a shopping center or assume tenant spaces in highly prominent/visible locations which may better serve a retail use). In consideration of the recommendations, the Planning Commission was highly supportive of the proposed changes, with the added clarification that any restrictions limiting placement within 50-feet of a public right-of-way should only apply to the first floor of buildings. The Planning Commission further commended the Ad -Hoc Advisory Sub-Committee for their detailed research (reference Attachment C – Ad-Hoc Advisory Sub-Committee Research), which accounted for years of past permit history, and directed the item to be forwarded to the City Council for consideration.

DISCUSSION
The City of Campbell requires approval of one of the following three permit processes to establish a new business or use in the City.

$237.00
(1 week)

Zoning Clearance (ZC)

Issued by staff under the authority of the Director as part of a Business License. As a ministerial act, the decision is carried out according to code requirements and is not subject to appeal or public input.
$2,726.00
(2-4 Months)
Administrative Conditional Use Permit (Admin. CUP)

Discretionary permit approved by Director after public notice.

Decision may be appealed to Planning Commission and Council. $5,333.00
(4-6 Months)
Conditional Use Permit (CUP)

Discretionary permit approved by Planning Commission after public notice and public hearing. Decision may be appealed to Council.

Acknowledging the added time and cost imposed by CUP processes, the Planning Commission formed an Ad -Hoc Advisory Sub-Committee to explore ways to streamline the permit process to be considered with the adoption of the Economic Development Plan.

15 Packet Pg. 183
Review of Permissibility of Land Uses & Permit Process Page 3 of 11 To help focus the scope of work, the Planning Commission’s Ad -Hoc Economic Development Advisory Subcommittee identified the following objectives and principles to guide the proposed permit streamlining with the help of staff:

1. Identify areas to streamline permitting for land use as an overall efficiency measure and responding to business feedback / market demand. o Land uses identified through Economic Development Plan update process. o Other comparable cities typically have lesser permitting requirements. o CUP’s for land uses reviewed by Planning Commission before resulted in minimal public attendance, no denial or major modifications.

2. Avoid land use permit streamlining that requires a more thoughtful / long range economic development strategy.
o Avoid focusing on a specific land use area associated with a broader strategy (future high tech, etc.).

3. Avoid streamlining permitting for land uses that require significant stakeholder engagement or that have legacy issues in the city. o Downtown, Wireless, Alcohol (in general), Adult-Oriented, Massage, etc.

4. Use zoning tools with permit streamlining that prevent unintended consequences.
o Still allow public notification and opportunity for feedback where desirable, protect public health safety and welfare.

Following review of 10 -years of permit history, and an audit of 105 Conditional Use Permits (CUPs) that came before the Planning Commission, the Ad -Hoc Advisory Sub- Committee focused on proposed modifications for the permissibility of 18 of the 186 different land uses identified within the City’s Zoning Ordinance. The Ad -Hoc Advisory Sub-Committee also met with the City’s Economic Development consultant Christine Firstenberg and a Commercial Real Estate Broker, (d.b.a. “Econic”), to obtain further feedback on areas to focus on.

In approaching the proposed revisions, the Ad -Hoc Advisory Sub -Committee worked with staff to identify several tools that could be used in modifying permit requirements to allow for permit streamlining while avoiding unintended consequences such as land use conflicts or code enforcement complaints (referenced under #4 above). These included:

1. Restrictions on Percentage
• When the use occupies <10% or less of the gross floor area of a property.
• When the use occupies <20% or less of the gross floor area of a property.
o Addresses: Overconcentration; helps safeguard against an entire shopping center from being converted to single use.
15 Packet Pg. 184
Review of Permissibility of Land Uses & Permit Process Page 4 of 11 o Example: Streamline permitting except when more than “X%” of property is occupied by a particular use, such as medical office.

2. Restrictions on Size
• When the tenant space is less than 10k square feet in area. • When the tenant space is less than 20k square feet in area. o Addresses: Desire for public input on more significant or impactful projects.
o Example: Streamline permitting for smaller sized businesses but maintain discretionary permit when tenant spaces are greater than “X” square feet.

3. Restrictions on Placement
• When the tenant space is located more than 50 -feet from the public right-of-way, excluding upper floors.
o Addresses: Desire to protect desirable locations for uses that require/rely on visibility (i.e., retail).
o Example: Streamline permitting except when uses are proposed within 50- feet of a public right-of-way.

• When the use is located more than 500 feet away from properties with a residential land use designation.
o Addresses: Desire to protect residential areas from adverse impacts.

Example: Streamline permitting for motor vehicle uses except when located closer than 500-feet to residential.

• When located in a specified zoning district, such as the Neighborhood Commercial (NC), General Commercial (GC), and/or Professional Office (PO) zoning district.
o Addresses: Desire to protect residential neighborhoods and differentiate the intensity of land use activities by zoning district consistent with the General Plan.
o Example: Streamline permitting for indoor amusement centers, except when located in a neighborhood commercial zoning district.

4. Restrictions on Operations
• As noted; requirements are tailored to the specific land use activity. o Addresses: Avoids unintended consequences.
o Example: Streamline permitting for “beer & wine” only restaurants but establish operational standards such as requiring full food service when alcohol is sold or prohibiting stand-alone bars.

Proposed Changes : The Economic Development Ad -Hoc Advisory Sub -Committee, in consultation with staff, is recommending the following modifications to the Campbell Zoning Ordinance to support economic development goals and achieve permit streamlining.

15 Packet Pg. 185
Review of Permissibility of Land Uses & Permit Process Page 5 of 11 To assist in the review of the proposed land use changes, the following table compares the existing permit process to the proposed permit process . Definitions related to these uses have also been provided as a dedicated attachment (reference Attachment B – Related Definitions). To avoid redundancy, the table should be read to apply to the Neighborhood Commercial and General Commercial zoning districts except in circumstances where another specific zoning designation has been identified.

Index
#
Land Use Existing
Process
Proposed
Zoning
Clearance
Admin. CUP CUP
#38
&
#39
Studios, large
&
Studios, small
CUP
Note:

Prohibited in
Professional
Office Zoning
District
When the use
occupies 10% or
less of the gross
floor area of a
property.

&

When located
more than 50-feet
from the public
right-of-way,
excluding upper
floors.

When the use
occupies 20% or
less of the gross
floor area of a
property.

All Others
#42 &
#43
Tutoring
centers, large
&
Tutoring
centers, small
CUP
Note:

Permitted in
Professional
Office Zoning
District
When in the
Professional
Office Zoning
District
When the use
occupies 20% or
less of the gross
floor area of a
property.

All Others

#54

Grocery
stores (>10k)

CUP N/A

When the tenant
space is less than
20,000 square-feet
in area.

All Others

#68 Retail stores,
general
merchandise
Zoning
Clearance
Note: CUP for
“retail” uses
proposed for
consolidation
with definition.

When the tenant
space is less than
10,000 square-
feet in area.

When the tenant
space is less than
20,000 square-feet
in area.

All Others
15 Packet Pg. 186
Review of Permissibility of Land Uses & Permit Process Page 6 of 11 Index
#
Land Use Existing
Process
Proposed
Zoning
Clearance
Admin. CUP CUP
#77 Indoor
amusement/
entertainment
CUP in
General
Commercial
Zoning District
Prohibited in a
Neighborhood
Commercial
Zoning District
When the use
occupies 10% or
less of the gross
floor area of a
property.

When located
more than 50-feet
from the public
right-of-way,
excluding upper
floors.

When located
more than 500-
feet from a
residential land
use.

When in General
Commercial
Zoning District
When the use
occupies 20% or
less of the gross
floor area of a
property.

When located more
than 50-feet from
the public right-of-
way, excluding
upper floors.

When in General
Commercial Zoning
Districts
All Others

When in a
Neighborhood
Commercial
Zoning District

#88 Cat and dog
grooming
facilities
CUP in a
General
Commercial
Zoning District
Prohibited in a
Neighborhood
Commercial
Zoning District
When the use
occupies 10% or
less of the gross
floor area of a
property.

When located
more than 50-feet
from the public
right-of-way,
excluding upper
floors.

When in a
General
Commercial
Zoning District
When the use
occupies 20% or
less of the gross
floor area of a
property.

All Others
#97 Health/fitness
centers
CUP in All
Zones
N/A When the tenant
space is less than
10,000 square-feet
in area.

All Others
#125 Motor CUP in Light N/A When the tenant All Others
15 Packet Pg. 187
Review of Permissibility of Land Uses & Permit Process Page 7 of 11 Index
#
Land Use Existing
Process
Proposed
Zoning
Clearance
Admin. CUP CUP
vehicle—
repair and
maintenance
(minor and
major/only
within an
enclosed
structure)
Industrial
Zoning District
space is less than
10,000 square-feet
in area.

When located more
than 50-feet from
the public right-of-
way, excluding
upper floors.

When in a Light
Industrial Zoning
District

Restrictions on
Operations: Add a
requirement for a
ledger for vehicles
under service/care
to identify any
vehicles parked on
street.

When in Light
Industrial Zoning
District

#133 Restaurants,
fast food (with
or without
drive-in
service)
Note: Does
not include
“drive-thru”
uses which
are separately
defined as
“outdoor
active
activities”.

CUP N/A When in a General
Commercial Zoning
District
All Others
#139 Medical
services,
clinics
CUP in
Neighborhood
Commercial,
General
When in a
Professional
Office Zoning
District
When the use
occupies 10% or
less of the gross
floor area of a
All Others

When in General
Commercial,
15 Packet Pg. 188
Review of Permissibility of Land Uses & Permit Process Page 8 of 11 Index
#
Land Use Existing
Process
Proposed
Zoning
Clearance
Admin. CUP CUP
Commercial,
Professional,
and Research
and
Development
Zoning
Districts
When the use
occupies 10% or
less of the gross
floor area of a
property.

When located
more than 50-feet
from the public
right-of-way,
excluding upper
floors.

When in a
General
Commercial
Zoning District
property.

When located more
than 50-feet from
the public right-of-
way, excluding
upper floors.

When located in a
Neighborhood
Commercial and
General
Commercial Zoning
Districts

Professional
Office, and
Research and
Development
Zones
#144 Alternative
fuels and
recharging
facilities
CUP in
Neighborhood
Commercial,
General
Commercial,
and Light
Industrial
Zoning
Districts
N/A When located in a
Non-Residential
Zoning District.

N/A

Additional Changes: In addition to the changes identified above, the update will result in further streamlining through the consolidation of several redundant land use types (i.e., #49 Department stores, and #68 Re tail stores) and through changes to land use definitions (reference Attachment A – Additional Changes). Of significance, the amendments will result in the following changes to existing permit process:

• Restaurants with Beer & Wine Only
o Existing Process: Requires CUP
o Proposed Process: Permit with the approval of an Administrative Conditional Use Permit when providing full-service food.

• Second hand/thrift stores
o Existing Process: Prohibited in Neighborhood Commercial; Requires CUP in General Commercial
o Proposed Process : Consolidate with “#68 - Retail stores, general merchandise” when operating without a donation and/or pawn/purchasing 15 Packet Pg. 189
Review of Permissibility of Land Uses & Permit Process Page 9 of 11 component. Continue to require a CUP in General Commercial Zoning District and continue to prohibit in the Neighborhood Commercial Zoning District, when operating with a donation and/or pawn/purchasing component.

• Medical retail (*New*)
• Existing Process: Requires CUP except in the Pruneyard where “medical retail” uses are separately defined from medical office and permitted with a Zoning Clearance.
• Proposed Process : Permit with a Zoning Clearance when predominantly specializing in the sale of medical equipment and devices (i.e., LensCrafters).

Police Department Feedback : The proposed land use changes were shared with the Campbell Police Department for input and feedback. Although supportive of the proposed changes to Title 21 (Zoning), Police Department staff separately expressed interest in streamlining the permit process for the following activities from Title 5 (Business Licenses and Regulations) which require City Council approval prior to issuance:

Permit Municipal
Code
Requires
Council
Approval
Proposed Decision-
Making Body
[Staff
Recommendation]
Arcade
(10 or more amusement
devices)

5.30 Yes Police Chief
Arcade-Semi
(2-9 amusement devices)

5.30 Yes Police Chief
Hypnotherapy 5.08 Yes Potential Removal in
Response to Changes in
State Law
Live Entertainment 5.24 Yes Police Chief
Pawnbroker (New) 5.10 Yes Police Chief
Pool or Billiards Establishment
(Two or more tables)

5.28 Yes Police Chief
Pool or Billiards Table
(Only one table)

5.28 Yes Police Chief
Street Vendor 5.08 Yes Potential Removal in
Response to Changes in
15 Packet Pg. 190
Review of Permissibility of Land Uses & Permit Process Page 10 of 11 Permit Municipal
Code
Requires
Council
Approval
Proposed Decision-
Making Body
[Staff
Recommendation]
State Law
Taxi Permit (Non-Local) 5.40 Yes Police Chief
Used Car Dealer 5.08 Yes Police Chief
As noted in the table above, staff has recommended delegating decision-authority to the Chief of Police for ten (10) permits which currently require Council action. Along with these changes, staff further recommends establishing a general process for decisions by the Chief of Police to be appealed to the City Council, as well as a process for the Chief of Police to request review of a permit by the City Council, to account for unusual circumstances. If the City Council is supportive of including these changes as part of the Economic Development Plan update, staff will include formal text amendments for review and consideration at that time.

NEXT STEPS
If directed by the City Council, staff will prepare updates to Title 21 (Zoning Ordinance) and Title 5 (Business Licenses and Regulations) of the Campbell Municipal Code for Council’s consideration early next year.

FISCAL IMPACTS
As a study session item, there are no fiscal impacts associated with this item.

Prepared by:

Stephen Rose, Senior Planner
Reviewed by:

Rob Eastwood, Community
Development Director
15 Packet Pg. 191
Review of Permissibility of Land Uses & Permit Process Page 11 of 11 Approved by:

Brian Loventhal, City Manager
Attachment:
a. Additional Changes
b. Related Definitions
c. Ad-Hoc Sub-Commitee Research
15 Packet Pg. 192
Additional Changes
Index
#
Land Use Existing Process Proposed Changes
#2 Building
material
stores/yards
CUP in the Light
Industrial Zoning
District
Prohibited in all other
Zoning Districts
Continue to require a Conditional Use Permit
when operating as a primary use in the Light
Industrial zoning district.

Update definition of #68 – Retail stores, general
merchandise to include an allowance for the sale
of building materials as part of a store and apply
the appropriate parking standard for the portion
of stores dedicated to this function in accordance
with Chapter 21.28 – Parking and Loading.

Establish a land use definition for building
material stores/yards.

Delete definition of “Craft-type shops” which
provides an unnecessary reference to building
material/store yards.
#16 Outdoor
storage
CUP in the Light
Industrial Zoning
District
Prohibited in all other
Zoning Districts
Split the definition of “outdoor storage” into two
land use categories to be regulated as follows:

Outdoor storage, primary
Require approval of a Conditional Use Permit in
the Light Industrial (LI) Zoning District.

Outdoor storage, incidental
Allow in the General Commercial (GC) Zoning
District with the approval of a Conditional Use
Permit.
#48 Convenience
markets/stores
CUP Remove land use distinction; consolidate with
“#54 & #55 - Grocery stores”.

Clarify definition of liquor establishment to more
clearly include uses that are not “primarily
devoted” to the sale of alcohol.
#49 Department
stores
CUP in General
Commercial Zoning
District
Remove land use distinction; consolidate with
“#68 - Retail stores, general merchandise”.

15.a
Packet Pg. 193
Attachment: Additional Changes (Review of Permissibility of Land Uses & Permit Process) Index
#
Land Use Existing Process Proposed Changes
Prohibited in
Neighborhood
Commercial Zoning
District
#55 Grocery stores
(<10k)
Zoning Clerance No change to permit process; update definition to include meat markets, and convenience
stores.
#57 Hardware
stores (<10k)
Zoning Clearance Remove land use distinction; consolidate with “#68 - Retail stores, general merchandise”.
#58 Liquor
establishments
CUP Amend findings for 21.36.115 to findings of
overconcentration for consideration of
restaurants with beer/wine only service (including
in the Downtown).

Require Admin CUP for restaurants with
beer/wine only service when 10,000 square-feet
or smaller in size.

Continue to require CUP for all other liquor
establishments, including bars and restaurants
with hard liquor.

Clarify definition of “Restaurants or Cafes” (CMC

21.72) to clarify restaurants serving alcoholic
beverages are subject to the definition of a liquor
establishment.

Add operational requirements as part of Chapter

21.36 (Special Uses).
#62 Meat markets Zoning Clearance in
Neighborhood
Commercial Zoning
District
Remove land use distinction; consolidate with
“#54 & #55 - Grocery stores”.

Update definition of grocery store to not result in
a conflict with this change.
#63 Music
(recordings)
stores
CUP Remove land use distinction; consolidate with
“#68 - Retail stores, general merchandise”

15.a
Packet Pg. 194
Attachment: Additional Changes (Review of Permissibility of Land Uses & Permit Process) Index
#
Land Use Existing Process Proposed Changes
#69 Second
hand/thrift
stores
CUP in General
Commercial Zoning
District
Prohibited in
Neighborhood
Commercial Zoning
District
Consolidate with “#68 - Retail stores, general
merchandise” when operating without a donation
and/or pawn/purchasing component.

Continue to require a CUP in General
Commercial (GC) Zoning District and continue to
prohibit in the Neighborhood Commercial (NC)
Zoning District, when operating with a donation
and/or pawn/purchasing component.

15.a
Packet Pg. 195
Attachment: Additional Changes (Review of Permissibility of Land Uses & Permit Process) Related Definitions
Index # Land Use Existing Definition
2 Building material stores/yards Undefined term; except as provided by other definitions. 16 Outdoor storage "Outdoor storage" means the storage of various materials, including contractors' equipment, outside of a structure other than fencing, either as an accessory or principal use, suitably screened from public view, but not within fifty feet of a residentially zoned parcel. Outdoor storage shall
comply with the provisions of Section 21.36.160.
38 Studios, Large
(over 12)
"Studios, large" means an establishment that offers
instruction to more than twelve participants any one time, involving physical or artistic skills and techniques, including but not limited to dance, music, fitness training, martial arts and fine arts.
39 Studios, Small
(up to 12)
"Studios, small" means an establishment that offers
instruction to twelve or fewer participants at any one time, involving physical or artistic skills and techniques, including but not limited to dance, music, fitness training, martial arts and fine arts.
42 Tutoring centers, large,
subject to Section 21.36.243
"Tutoring center, large" means an establishment providing instruction to more than twelve students at any one time, for personal or professional enrichment, involving scholastic, non-physical pursuits, including but not limited to
academics, language instruction, wine appreciation, and computer training. Establishments providing instruction as a part of a certificate or degree granting program are included under the definition of "commercial school."
43 Tutoring centers, small,
subject to Section 21.36.243
"Tutoring center, small" means an establishment providing instruction to twelve or fewer students at any one time, for personal or professional enrichment, involving scholastic, non-physical pursuits, including but not limited to
academics, language instruction, wine appreciation, and computer training.
48 Convenience markets/stores "Convenience markets/stores" means an establishment that includes the retail sale of food, beverages, and small
personal convenience items, primarily for off-premises
consumption and typically found in establishments with long or late hours of operation and in a relatively small building; but excluding delicatessens and other specialty food shops

15.b
Packet Pg. 196
Attachment: Related Definitions (Review of Permissibility of Land Uses & Permit Process) Related Definitions – CMC 21.72

and also excluding establishments which have a sizeable assortment of fresh fruits and vegetables and fresh-cut meat. These stores can be part of a gasoline station or an independent facility.

49 Department stores "Department store" means a retail store offering a full line of general merchandise items.

54 Grocery stores (greater than
ten thousand square feet)
"Grocery stores" means an establishment which sells staple food items (e.g., coffee, sugar, flour, etc.) and usually meats and other foods (e.g., fruits, vegetables, dairy
products, etc.) and household supplies (e.g., soap,
matches, paper napkins, etc.); a minor portion of the food sold may be processed on site (e.g., deli or bakery
services). Food stores specializing in a single type of these items (e.g., candy stores, produce only shops, coffee and tea shops, etc.) are not classified as grocery stores.

55 Grocery stores (under ten
thousand square feet)
"Grocery stores" means an establishment which sells staple food items (e.g., coffee, sugar, flour, etc.) and usually meats and other foods (e.g., fruits, vegetables, dairy
products, etc.) and household supplies (e.g., soap,
matches, paper napkins, etc.); a minor portion of the food sold may be processed on site (e.g., deli or bakery
services). Food stores specializing in a single type of these items (e.g., candy stores, produce only shops, coffee and tea shops, etc.) are not classified as grocery stores.

56 Hardware stores (greater than
ten thousand square feet)
"Hardware store" means a facility of ten thousand or fewer square feet gross floor area, primarily engaged in the retail sale of various basic hardware lines, such as tools, builders' hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, garden supplies,
and cutlery; if a facility is greater than ten thousand square feet, it is a building materials supply store/yard ("building materials stores/yards").

57 Hardware stores (under ten
thousand square feet)
"Hardware store" means a facility of ten thousand or fewer square feet gross floor area, primarily engaged in the retail sale of various basic hardware lines, such as tools, builders' hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, garden supplies,
and cutlery; if a facility is greater than ten thousand square

15.b
Packet Pg. 197
Attachment: Related Definitions (Review of Permissibility of Land Uses & Permit Process) Related Definitions – CMC 21.72

feet, it is a building materials supply store/yard ("building materials stores/yards").

58 Liquor establishments "Liquor establishments" means a retail activity that is primarily devoted to the selling of alcoholic beverages as a stand-alone bar or tavern, or in conjunction with a
restaurant or nightclub facility, for consumption on the premises.

62 Meat markets Undefined term; except as provided by other definitions.

63 Music (recordings) stores "Music (recordings) store" means an establishment primarily engaged in retailing new prerecorded audio and video tapes, compact discs (CDs), digital video discs
(DVDs), and phonograph records.

68 Retail stores, general
merchandise
"Retail stores, general merchandise" means retail trade establishments selling many lines of merchandise. These stores and lines of merchandise include:

1. Art stores/ galleries;

2. Antiques;

3. Artists' supplies;

4. Bakeries (retail only);

5. Boat supplies;

6. Beauty supply;

7. Bicycles;

8. Cameras and photographic supplies;

9. Candy stores;

10. Clothing and accessories;

11. Collectibles;

12. Drug and discount stores;

13. Fabrics and sewing supplies;

14. Florists and houseplant stores (indoor sales only—
outdoor sales are "garden centers/plant nurseries");

15. Gifts, novelties and souvenirs;

16. Delicatessens;

17. Handcrafted items (stores may include crafting
preparations subordinate to retail sales);

18. Hobby materials;

19. Jewelry;

20. Luggage and leather goods;

21. Meat market;

22. Newsstands;

23. Orthopedic supplies;

24. Photography studio/supply shops;

15.b
Packet Pg. 198
Attachment: Related Definitions (Review of Permissibility of Land Uses & Permit Process) Related Definitions – CMC 21.72

25. Shoes;

26. Small wares;

27. Specialty shops;

28. Sporting goods and equipment;

29. Stationery;

30. Toys and games;
Variety stores.
69 Second hand/thrift stores "Secondhand/thrift stores" means indoor retail establishments that buy and sell used products, including books, clothing, furniture, and household goods. The sale of cars and other used vehicles is included under "Motor
Vehicle Sales."
77 Indoor amusement /
entertainment / recreation
centers
"Indoor amusement/entertainment/recreation centers"
means indoor establishments providing
amusement/entertainment/recreation services for a fee or admission charge, including: arcades emphasizing coin
operated amusements and/or electronic games; bowling
alleys; card rooms; dance halls, clubs and ballrooms, and billiard parlors and pool halls, that are principal uses rather than being subordinate to a bar or restaurant; ice skating, and roller skating; skateboard ramps, and trampoline
centers. Does not include " sexually oriented businesses" as defined in Campbell Municipal Code Section 5.55.020
(Definitions).
88 Cat and dog grooming
facilities
"Cat and dog grooming facilities" means facilities where cats and dogs are bathed, clipped, or combed for the
purpose of enhancing their aesthetic value and/or health and for which a fee is charged. Includes self-service cat- and dog-washing facilities where the customers provide the labor.
97 Health/fitness centers "Health/fitness centers" means membership based fitness facilities, gymnasiums, athletic clubs, and similar
establishments requiring membership for access.
125 Motor vehicle—repair and
maintenance (minor and
major/only within an enclosed
structure)
"Motor vehicle repair and maintenance, minor and major" means major vehicle repair facilities deal with the entire vehicle; minor repair facilities generally specialize in limited aspects of repair (e.g., muffler and radiator shops, tire shops.) All repair activities (minor and major) are conducted

15.b
Packet Pg. 199
Attachment: Related Definitions (Review of Permissibility of Land Uses & Permit Process) Related Definitions – CMC 21.72

within a completely enclosed and soundproofed structure.

Does not include: motor vehicle dismantling yards which are included under "motor vehicle dismantling." Motor
vehicle repair facilities shall comply with the provisions of Section 21.36.140.

133
Restaurants, fast food (with or
without drive-in service);
Note: Does not include “drive-
thru” uses which are
separately defined as “outdoor
active activities”.
"Restaurants, fast food" means establishments whose
primary business is the sale of food and beverages to
customers for consumption on-site or off-site.

Customarily less than fifty percent of the total gross floor area is used for customer seating. Interior furnishings include standardized floor plans, stationary seats, and tables. Food is primarily pre-packaged rather than made to order. Plates and cutlery are disposable. Condiment bars and trash disposal are self-service.

139 Medical services, clinics "Medical services, clinics" means facilities primarily engaged in furnishing outpatient medical, mental health, surgical, and other personal health services. These include:
medical, dental, and psychiatric offices (counseling services by other than medical doctors or psychiatrists are included under "offices"); outpatient care facilities; emergency room services; and allied health services. Associations or groups primarily engaged in providing medical or other health
services to members are included.

144 Alternative fuels and
recharging facilities
"Alternative fuels and recharging facilities" means a
commercial facility offering motor vehicle fuels not
customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric powered
vehicles.

N/A Craft-type shops "Craft-type shops" are included in "Handcraft Industries and Small-Scale Manufacturing." Other wood and cabinet shops are included under "Furniture/Cabinet Shops." The indoor retail sale of building materials, construction tools and equipment is included under "Building Material
Stores/Yards."

15.b
Packet Pg. 200
Attachment: Related Definitions (Review of Permissibility of Land Uses & Permit Process) Report of the Economic Development Subcommittee
August 22nd, 2023
Commissioners Fields & Kamkar
Our goal is to streamline permitting for Commercial land uses that align with the character and future of Campbell.

Today, Campbell has 186 land uses defined in section 21.72.020 of the municipal code. Each use is either permitted (P), conditionally permitted (C), prohibited (X), or in rare cases administratively permitted (AC).

These uses are applied in the districts of Neighborhood Commercial (NC), General Commercial (GC), Professional Office (PO), Research & Development (RD) and Light Industrial (LI).

In order to put together our recommendations, we are 1/ auditing the last 10 years of conditional use permits that came to the Planning Commission, 2/ examining neighboring towns’ permit requirements and soliciting input from 3/ local businesses and 4/ city staff.

Today we’re sharing an early preview of our findings and next steps.

1. Conditional Uses at the Planning Commission 2013 - 2023 We audited the 105 conditional use permits (CUPs) that came before the Campbell Planning Commission from July 2013 - July 2023. More than half of the CUPs reviewed came from just 4 of the 186 land uses.
• 16 CUPs for Liquor establishments (on-site consumption only) • 15 CUPs for Wireless telecommunications facilities
• 13 CUPs for Health/fitness centers
• 12 CUPs for Medical services, clinics
All 56 of those CUPs were ultimately approved by the Planning Commission. To oversimplify:
• Liquor establishments in downtown attracted a fair amount of concerned public comment, but licenses outside of downtown were not met with much pushback • New or upgrades to existing wireless telecommunications facilities received significant public comment, but instances where an existing tower needed a renewed lease or made minor modifications were not significantly discussed before their approval • Health/fitness centers were well-received and were straightforward approvals • Medical services/clinics were well-received and were straightforward approvals

2. Neighboring Towns Permit Requirements
We’ve begun looking into neighboring town’s permit requirements in Los Gatos, Saratoga and Cupertino. We think these are useful benchmarks to understand our permit requirements (e.g. is Campbell unusually strict or loose relative to our neighbors on specific uses?) This is a complex exercise since other town’s uses are not laid out nearly as neatly as Campbell’s table. A few early insights:

15.c
Packet Pg. 201
Attachment: Ad-Hoc Sub-Commitee Research (Review of Permissibility of Land Uses & Permit Process) • Saratoga allows Medical Offices in their Professional District with a standard permit • Saratoga allows recreational centers (e.g. fitness clinics) in their Planned Combined District with a standard permit
• Cupertino allows pet grooming in a sound-proof building with a standard permit (conditional permit required in a non-sound-proof building). • Los Gatos allows Commercial in Residential zones

Next Step: once we identify our shortlist of potential uses, we’ll work with city staff to evaluate how other local cities treat the same set of uses and take that input into the final recommendation.

3. Local Business Input

We’ve connected with Christine Firstenberg who’s advising the city as part of the Economic Development Plan and also worked as a retail broker in Campbell. She and her team provided input on how we could update the existing set of uses - a few examples:

• Encouraged us to streamline uses like Second hand/thrift stores, Health Fitness clinics, Cat & Dog Grooming, and Catering to only require a permit • Recommended we allow drive-thru Pharmacy windows to only require a permit • Suggested updating existing code to match today’s use cases (e.g. removing Video Rental Store use, supporting Food Delivery Driver Park/Pickup, etc)

Next Step: We’re also planning to meet with James Chung, the Founder of the Econic company based out of the Pruneyard to get additional input and are open to introductions to more business leaders. We’ll review this input and decide which ones to include in our final recommendations.

4. City Staff Input

We’ve had several productive meetings with the Planning Department and Code Enforcement to get input on updates to land uses. The two main highlights so far:

What are the top Code Enforcement Complaints?

We’re looking into these to understand if there are certain uses that are historically more likely to provoke public comment (and thus could make sense to remain as conditional uses)

1. Off (early) hours delivery by loud or diesel engine trucks.

2. Off street parking

3. Not cleaning up of parking lots by commercial customers

What happens if we streamline a conditional use permit down to a regular permit?

• There’s a significant reduction in the time it will take an organization to launch their business (on the order of months), and the permit fees are cut roughly in half for the development
• Neighbors around the permitted location will still be notified about upcoming developments through existing processes, and can choose to appeal these decisions to be reviewed by the Planning Commission for a $200 fee.

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Attachment: Ad-Hoc Sub-Commitee Research (Review of Permissibility of Land Uses & Permit Process) • The Planning Department Director can choose to elevate permitted uses to the Planning Commission for review at their discretion (same process as today)

Next Step: continue to meet with the Planning and Code departments to refine proposals.

Early Recommendations

We anticipate proposing updates for ~4-15 uses depending on our ability to find solid rationales for each. This would likely include:

Streamline the 4 most common CUPs
• Make Liquor establishments (on-site consumption only) outside of Downtown only require a standard permit
• Make updates to Wireless telecommunications facilities only require a standard permit (new facilities or major changes continue to require CUP) • Make Health/fitness centers only require a standard permit • Make Medical services, clinics only require a standard permit

Evaluate additional use changes based on local business input • Evaluate changes based on feedback received from business leaders • Evaluate whether any additional uses should be added (e.g. ghost kitchens)

Evaluate any additional ideas provided through fellow commissioners, City Council and Public Comment

Given the desire to attach these updates with the city’s evaluation of the economic development plan by year’s end, we are not attempting to address all 186+ existing uses in this phase. We can always tackle these down the road after we make progress on this first effort to streamline.

Discussion Topics:
• Does streamlining the most frequent 4 CUPs seem like the right action? Any specific implementation details we should think about within those four? • Should “C” Conditional Use Permit (by Planning Commission) be changed to “P” Permitted (by staff) or “AC” Administrative Conditional Use Permit (by staff) to achieve streamlining and saving staff time?
• Should there be a “Consent” calendar on PC Agenda for cases that are not controversial and are straight forward?
• Are there any other uses in the city’s code that Commissioners have input on?

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Attachment: Ad-Hoc Sub-Commitee Research (Review of Permissibility of Land Uses & Permit Process)

City
Council
Report

TITLE: Amendment to the FLOCK Safety Contract to Reflect Organized Retail Theft Grant Expansion (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution approving the contract amendment with Flock Group Inc. and authorizing the City Manager to sign a three -year amendment to the contract with Flock Group Inc for the installation of additional fixed ALPR cameras and dispense with bidding requirements as specified in Campbell Municipal Code Section

3.20.030(7).

BACKGROUND

The Campbell Police Department applied for an Organized Retail Theft Grant through the State of California Board of State and Community Corrections to address Organized Retail Theft and Auto Theft. This was a competitive process that involved a specific project proposal. The City of Campbell was awarded $400,562 by the state to fund the project proposal.

The proposal included the expansion of the existing Flock fixed license plate reader outlay within the city. This part of the proposed project spoke more specifically to the issue of Auto Theft. However, as we have experienced with our current cameras, they are beneficial to solving an array of crimes from Homicide to Organized Retail Theft.

The City of Campbell went Live with Flock in September of 2022.The original camera outlay was designed to capture two of the primary ingress and egress roadways in Campbell in the hopes of collecting data to solve crimes after the fact. Even though the original camera outlay was not specifically designed to locate and apprehend offenders in stolen vehicles, since deployment, arrests for auto theft have gone up by over 55%.

DISCUSSION

Auto thefts have increased by 34% since 2018. The total value of all vehicles stolen in Campbell in the four -and-a-half-year period is approximately six million dollars. In the last nine months there has been 3,371 “hits” on stolen vehicles operating within the City on those cameras. Flock cameras have assisted the Police Department in solving an array of crimes including homicide, identity theft, drug sales, weapons possession, child endangerment, and many more.

Item: 16
Category: NEW BUSINESS
Meeting Date: December 5, 2023
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Amendment to Flock Safety Contract Page 2 of 3

The City’s initial Flock deployment has been a clear success, even with the limited coverage. Based on what we have learned from our initial deployment, staff believes that expanding the camera outlay will result in even better outcomes for the arrest and recovery rates related to auto theft, while also improving our investigative abilities related to most other crimes including organized retail theft.

Flock Safety presented staff with a desirable approach to deploying ALPR cameras throughout the community. Unlike other fixed or mobile ALPR devices, the Flock system provides the ability to cover more area of the city with system maintenance provided by the vendor rather than City staff. The Flock program is an all -inclusive model for deploying the ALPR cameras. Flock Safety is the sole manufacturer and developer of the Flock Safety Camera. There are several other differences between Flock and other ALPR companies. Most notably they are the only manufacturer and service provider that leases ALPR services as well as being the only ALPR company to partner with Axon. Others require the city to purchase equipment. Regionally, Flock Safety is the predominant vendor of fixed ALPR cameras, this allows the Police Department to share camera data with other agencies improving our investigative abilities. See attached sole source letter from Flock Safety (Exhibit A).

The purchasing procedures outlined in the City’s Municipal Code Section 3.20.050 state that purchases of equipment shall be made according to specified bidding procedures. However, per Municipal Code Section 3.20.030(7), the bidding procedures may be dispensed with when the supplies, services or equipment can only be obtained from one vendor, in which case the City may negotiate directly with that vendor.

FISCAL IMPACT

The contract amendment maintains the City’s initial agreement with Flock Safety while adding additional cameras. These cameras will be paid for separately through the Organized Retail Theft Grant and will have no fiscal impact on the City. The total cost of the cameras over the three-year grant term is $178,900.00. Year one total is $62,900.00 with $58,000.00 due in years two and three . See attached contract amendment (Exhibit B).

These costs and offsetting grant related revenue were programmed into the FY 2024 Budget as an amendment when the Organized Retail Theft Grant was accepted by the City Council at the November 7, 2023 meeting. Future costs and grant related revenue will be programmed into future fiscal year budgets as appropriate. No further budget adjustments are needed at this time.

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Amendment to Flock Safety Contract Page 3 of 3
Prepared by:

Ian White, Police Captain
Reviewed by:

Gary Berg, Police Chief
Approved by:

Brian Loventhal, City Manager
Attachment:
a. ORT Flock Resolution
b. Exhibit A: Flock Safety - Sole Source Letter 2023
c. Exhibit B: Flock ORT Contract
16 Packet Pg. 206

RESOLUTION APPROVING A THREE-YEAR CONTRACT AMENDMENT WITH FLOCK GROUP INC. AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT AND DISPENSE WITH BIDDING REQUIREMENTS AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.030(7).

WHEREAS, The Campbell Police Department applied for an Organized Retail Theft Grant through the State of California Board of State and Community Corrections to address Organized Retail Theft and Auto Theft and was awarded $400,562; and

WHEREAS, the Campbell Police Department’s proposal included an expansion of the Flock fixed Automated License Plate Reader (ALPR) outlay; and

WHEREAS, the fixed ALPR solution provided by Flock Group Inc is consistent with the City’s goal of adopting technologies that enhance public safety, improve officer efficiency and solve crimes; and

WHEREAS, this technology has been deployed by the City since September of 2022 and has improved the Police Department’s response to crime; and

WHEREAS, Flock is an important element of the Police Department’s efforts to combat Organized Retail Theft and Auto Theft; and

WHEREAS, Flock Group Inc provides the only platform of its kind on the market and there are no comparable market alternatives.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the three- year contract amendment with Flock Group Inc. is approved and the City Manager is authorized to sign the contract and dispense with bidding requirements as specified in Campbell Municipal Code Section

3.20.030(7).

APPROVED:

___________________________
Anne Bybee, Mayor

ATTEST:

____________________________
Andrea Sanders, City Clerk

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Attachment: ORT Flock Resolution (Amendment to Flock Safety Contract) SoleSourceLetter for FlockSafety®ALPRCamerasandSolution FlockSafety®isthesolemanufacturer anddeveloper of theFlockSafety®ALPRCamera.FlockSafety®isalsothesoleprovider of thecomprehensivemonitoring, processing, andmachinevisionserviceswhichintegratewiththeFlockSafety®ALPRCamera.

TheFlockSafety®ALPRcameraanddevicesaretheonlyLawEnforcement GradeALPRSystemtooffer thefollowingcombinationof proprietaryfeatures:

1. VehicleFingerprint Technology®:○ Patentedproprietarymachinevisiontoanalyzevehiclelicenseplate, staterecognition, andvehicleattributessuchascolor, type, makeandobjects(roofrack, bumper stickers, etc.) basedonimageanalytics(not car registrationdata)○ Machinevisiontocaptureandidentifycharacteristicsof vehicleswithapaperlicenseplateandvehicleswiththeabsenceof alicenseplate○ Abilityto‘SaveSearch’ basedondescriptionof vehiclesusingour patentedVehicleFingerprint Technologywithout theneedfor alicenseplate, andset upalertsbasedonvehicledescription○ OnlyLPRprovider with“Visual Search” whichcantransformdigital imagesfromanysourceintoaninvestigativeleadbyfindingmatchingvehiclesbasedonthevehicleattributesintheuploadedphoto○ FlockSafetyFalconFlex™: aninfrastructure-free, location-flexiblelicenseplatereader camerathat iseasytoself install. FlockSafetyFalconFlex™tiesseamlesslyintotheFlockSafety®ecosystemwithasmall andlightweightcamerawiththeabilitytoreadupto30,000licenseplatesandvehicleattributesonasinglebatterycharge

2. IntegratedCloud-Software&HardwarePlatform:○ Abilitytocapturetwo(2+) lanesof trafficsimultaneouslywithasinglecamerafromavertical mass○ Best inclassabilitytocaptureandprocessupto30,000vehiclesper daywithasinglecamerapoweredexclusivelybysolar power○ Wirelessdeployment of solar poweredlicenseplatereadingcameraswithintegratedcellular communicationweighinglessthan5lbsandabletobepoweredsolelybyasolar panel of 60Wor less○ Webbasedfootageretrieval tool withfilteringcapabilitiessuchasvehiclecolor,vehicletype, vehiclemanufacturer, partial or full licenseplate, stateof licenseplate, andobject detection 1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318

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Attachment: Exhibit A: Flock Safety - Sole Source Letter 2023 (Amendment to Flock Safety Contract) ○ Utilizesmotioncapturetostart andstoprecordingwithout theneedfor areflectiveplate○ Motiondetectionallowsfor uniquecasessuchasbicyclecapture, ATV,motorcycle, etc.○ Ondevicemachineprocessingtolimit LTEbandwidthconsumption○ Cloudstorageof footage○ Covert industrial designfor minimizingvisual pollution

3. Transparency&Ethical Product Design:○ One-of-a-kind“TransparencyPortal” public-facingdashboardthat detailsthepoliciesinplacebythepurchaser, aswell asautomaticallyupdatedmetricsfromtheFlockSafety®system○ Built-inintegrationwithNCMECtoreceiveAMBERAlertstofindmissingchildren○ Privacycontrolstoenablecertainvehiclesto“opt-out” of beingcaptured

4. IntegratedAudio&Gunshot Detection:○ Nativelyintegratedaudiodetectioncapabilitiesutilizingmachinelearningtorecognizeaudiosignaturestypical of crimesinprogress(e.g., gunshots)

5. LiveVideoIntegration:○ Abilitytoapplycomputer visiontothird-partycamerasusingFlockSafetyWing®LPR, transformingthemtoevidencecapturedevicesusingthesameVehicleFingerprint®technologyofferedontheFlockSafetyFalcon®ALPRcameras○ FlockSafetyWing®Livestreamintegrateslivestreamtrafficcameras, publiclyorprivatelyownedlivestreamsecuritycamerasintoonecloud-basedsituationalawarenessdashboardtoincreaseresponsetimeinmission-critical incidents○ Managevariousgovernment intelligenceincludingALPR, livestreamcameras,CAD, automaticvehiclelocation(AVL) onFlockSafetyWing®Suite○ AbilitytoaccessliveandrecordedvideousingFlockSafetyCondor™, asubscriptionvideosolutionwhichallowsofficerstoremotelyviewinstant replayofdownloadableliveon-scenevideowithPTZcontrolsand25Xoptical zoomwithout theneedfor additional cameranetworkset-up, installation, or up-keep

6. Situational Awareness:○ FlockOS™istheworld’sfirst andonlypublicsafetyoperatingsystemcompatiblewithFlockSafety™livestreamingfixedandPTZCondor camera, FlockSafetyRaven™gunshot audiodetection, whileseamlesslyintegratingfirst and 1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318

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Attachment: Exhibit A: Flock Safety - Sole Source Letter 2023 (Amendment to Flock Safety Contract) third-partydataacrossvideo, LPR, andaudiotodeliver real-timeintelligenceandretroactivecrimesolvinginasingle-panereal-timecrimecenter○ Abilitytoenhancesituational awarenesscapacitybylayeringall intelligencestreamsontotheFlockOS™ESRI-basedmap○ FlockOS™featuresFlockSafety™uniqueReal-TimeRoutingfeaturethatanalyzesvariousdatasourcestodeterminewhereasuspect vehiclehasbeenandits’ directionof travel providinguserswithpossibleoutcomesbasedonaconfidencethreshold

7. Partnerships:○ FlockSafety®istheonlyLPRprovider toofficiallypartner withAXONtobenativelyanddirectlyintegratedintoEvidence.com○ FlockSafety®istheonlyLPRprovider tobefullyintegratedintoadynamicnetworkof AXON’sFleet 3mobileALPRcamerasfor patrol carsandFlockSafetyFalcon®cameras○ Accesstoadditional cameraspurchasedbyour HOAandprivatebusinesspartners, meansanever-increasingamount of camerasanddataat noadditionalcost

8. Warranty&Service:○ Lifetimemaintenanceandsupport includedinsubscriptionprice○ FlockSafety®istheonlyfullyintegratedALPRone-stopsolutionfromproductionof thecameratodeliveryandinstallation○ Performancemonitoringsoftwaretopredict potential failures, obstructions, tilts,andother critical or minor issues Thankyou,
Garrett LangleyCEO, FlockSafety®
1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318

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Attachment: Exhibit A: Flock Safety - Sole Source Letter 2023 (Amendment to Flock Safety Contract)

Flock Safety + CA - Campbell PD
______________

Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________

MAIN CONTACT:

Jake Sherman
[email protected]
8187467444

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Attachment: Exhibit B: Flock ORT Contract (Amendment to Flock Safety Contract)

ORDER FORM

This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”)

Customer: CA - Campbell PD Initial Term: 36 Months
Legal Entity Name: CA - Campbell PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 70 North 1st Street Campbell, California
95008
Billing Frequency: Annual - First Year at Signing.

Retention Period: 30 Days

Hardware and Software Products
Annual recurring amounts over subscription term

Item Cost Quantity Total
Flock Safety Platform $58,000.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 16 Included
Flock Safety Falcon ® LR Included 2 Included

Professional Services and One Time Purchases

Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 1 $650.00 Professional Services - Existing Infrastructure
Implementation Fee $150.00 15 $2,250.00
Professional Services - Advanced Implementation
Fee (Falcon LR) $1,000.00 2 $2,000.00
Subtotal Year 1: $62,900.00
Annual Recurring Subtotal: $58,000.00
Estimated Tax: $0.00
Contract Total: $178,900.00

Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

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Attachment: Exhibit B: Flock ORT Contract (Amendment to Flock Safety Contract)

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Attachment: Exhibit B: Flock ORT Contract (Amendment to Flock Safety Contract)

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Attachment: Exhibit B: Flock ORT Contract (Amendment to Flock Safety Contract) Product and Services Description

Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

Flock Safety Falcon® LR
A long-range infrastructure-free license plate reader camera designed for high speed vehicles that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

FlockOS Features & Description

Package: Essentials

FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.

Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.

Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.

Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enforcement that have been directly shared with you. Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.

Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

Flock Insights/Analytics page Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera

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Attachment: Exhibit B: Flock ORT Contract (Amendment to Flock Safety Contract) By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed agreement. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - Campbell PD

By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\

PO Number:

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Attachment: Exhibit B: Flock ORT Contract (Amendment to Flock Safety Contract)

City
Council
Report

TITLE: Drone as First Responder (DFR) Equipment Purchase Authorization (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution approving the purchase of two DJI Matrice M30T drones and associated equipment using the Organized Retail Theft (ORT) and Supplemental Law Enforcement Services Fund (SLESF) grant funds.

BACKGROUND

The City of Campbell (City), through the Campbell Police Department , applied for an Organized Retail Theft Grant with the State of California Board of State and Community Corrections to address Organized Retail Theft and Auto Theft. This was a competitive process that involved a specific project proposal. The City was awarded $400,562 by the state to fund the project proposal.

The proposal included the expansion of the Police D epartment’s Drone as First Responder (DFR) program. In August of 2022, the City Council approved the purchase of the Police Department’s first drone for DFR operations. Since that time , the Police Department has tested DFR by deploying the drone from rooftops manned by Police Department personnel and/or Campbell Emergency Response Team (CERT) members.

The deployments have been hindered by the current availability of our staffing based on our current deployment model.

Since then, drones have come to market that are capable of being permanently placed on rooftops where they charge and can be remotely controlled by a teleoperator inside of the Police D epartment. The Police Department is also currently working with companies testing “avoid and detect” technologies that have the promise of notifying the teleoperator of manned flight without the need of human air space observation.

The goal of these advancements is to be ab le to deploy DFR with only one Police Department member. If these partnerships are successful, the City could be the first nationwide to receive a waiver from the FAA for this model of operation.

DFR is an important part of the Organized Retail Theft proposal and integrates with Fusus providing additional clarity while responding to calls for service and improving the chances that Police Officers are able to apprehend suspects.

Item: 17
Category: NEW BUSINESS
Meeting Date: December 5, 2023
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DFR Purchase Authorization Page 2 of 3

DISCUSSION

The expansion of our existing Drone as First Responder Program will allow teleoperators to fly drones to areas throughout the City, quickly improving response times to organized retail theft calls and assist in tracking stolen vehicles, reducing the need for high -speed pursuits and improving Police O fficers’ ability to triangulate and apprehend offenders.

The Chula Vista Police Department recently conducted a study showing that DFR response reduces on scene time to under two minutes on average . The data also showed that in 2018 , DFR response was used to assist in the arrest of over 2000 offenders.

The addition of fixed drone sit es throughout the City and visual observation technology will allow teleoperators to quickly respond to organized retail theft crimes and incidents of auto theft. This also reduces the number of staff needed to operate the DFR program to one employee.

This additional ability to provide real time information and quickly arrive at the scenes of calls has proven to assist Police Officers in locating offenders while also de -escalating and safely resolving calls for both Police Officers and offenders.

The Police Department has identified the purchase of two (2) DJI Matrice 30T Dock as the equipment needed to accomplish this goal. The Police Department sought out competitive quotes and received three for this equipment with Axon providing the low est quote (See attached quotes Exhibit A, B and C).

The Police Department plans to operate the DFR program during the ORT grant period as a pilot program to fully evaluate the benefits of DFR as it related to the grant and the Police D epartment’s crime response generally. The Police D epartment will also continue to seek out additional grant funding to support the DFR program.

FISCAL IMPACT

The total cost of the drone hardware is $73,051.78. Following the Fusus and Flock contracts there is approximately $6 3,000 remaining in available Organized Retail Theft Grant funds. The Police Department plans on utilizing additional grant funding to cover the remaining difference.

There are additional licensing fees related to the software required to operate the additional drones. This will cost $29,377.98 in year one and $14,280.06 in years two and three. This will be reflected in a mid -year budget adjustment for the Police Department (See Attached Quote Exhibit D).

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DFR Purchase Authorization Page 3 of 3

Prepared by:

Ian White, Police Captain

Reviewed by:

Gary Berg, Police Chief

Approved by:

Angelique Gaeta, Assistant City
Manager

Attachment:
a. DJI DOCK RESOLUTION
b. Exhibit A: Axon Dock Quote
c. Exhibit B: UVT Dock Quote
d. Exhibit C: Airworx Dock Quote
e. Exhibit D: Axon Dock Licensing Quote
17 Packet Pg. 219
RESOLUTION NO. ________

RESOLUTION APPROVING THE PURCHASE OF TWO (2) DJI MATRICE M30T

DOCKS UTILIZING ORGANIZED RETAIL THEFT AND SUPPLEMENTAL LAW

ENFORCEMENT SERVICES FUND GRANT FUNDS

WHEREAS, The Campbell Police Department applied for an Organized Retail Theft Grant through the State of California Board of State and Community Corrections to address Organized Retail Theft and Auto Theft and was awarded $400,562; and

WHEREAS, the Campbell Police Department’s proposal included expansion of the Drone as First Responder Program (DFR); and

WHEREAS, the DFR program is consistent with the City’s goal of adopting technologies that enhance public safety, improve officer efficiency and solve crimes; and

WHEREAS, the police department has identified the purchase of two (2) DJI Matrice M30T Docks as the equipment needed to accomplish this goal; and

WHEREAS, the addition of this technology will allow the department to test emerging technologies that will advance the use of Unmanned Ariel Systems in law enforcement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell adopt a resolution approving the purchase of two DJI Matrice M30T Docks and associated equipment using the Organized Retail Theft (ORT) and Supplemental Law Enforcement Services Fund (SLESF) grant funds.

APPROVED:

___________________________
Anne Bybee, Mayor

ATTEST:

____________________________
Andrea Sanders, City Clerk

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Attachment: DJI DOCK RESOLUTION (DFR Purchase Authorization)

Q-517655-45204.758TS
Issued: 10/05/2023
Quote Expiration: 10/31/2023
Estimated Contract Start Date: 12/01/2023
Account Number: 112742
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Campbell Police Dept.-70 N 1st St
70 N 1st St
Campbell,
CA
95008-1458
USA

Campbell Police Dept. - CA
70 N 1st St
Campbell
CA
95008-1458
USA
Email:

Kyle Panasewicz
Phone: +1 4803294734
Email: [email protected]
Fax: (480) 905-2071
Ian White
Phone:

Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year ($12,454.44) TOTAL COST $66,790.20
ESTIMATED TOTAL W/ TAX $73,051.78 TOTAL SAVINGS ($62,272.20)

Payment Summary
Date Subtotal Tax Total
Dec 2023 $66,790.20 $6,261.58 $73,051.78
Total $66,790.20 $6,261.58 $73,051.78
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

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Attachment: Exhibit A: Axon Dock Quote (DFR Purchase Authorization)

Quote Unbundled Price: $4,518.00
Quote List Price: $4,518.00
Quote Subtotal: $66,790.20
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Hardware
100522 AXON AIR, DJI MATRICE 30 SERIES INT FLIGHT
BATTERY 4 $329.00 $312.55 $1,250.20 $117.20 $1,367.40
100519 AXON AIR, DJI DJI RC PLUS 2 $1,600.00 $1,520.00 $3,040.00 $285.00 $3,325.00 11630 DJI Matrice 30T Dock Bundle Kit with Care Plus (No Batteries, No Controller) 2 $1.00 $31,250.00 $62,500.00 $5,859.38 $68,359.38 Total $66,790.20 $6,261.58 $73,051.78

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Attachment: Exhibit A: Axon Dock Quote (DFR Purchase Authorization)

Firearms and Ammunition Excise Tax
Item Description Taxable Amount FAET Rate FAET Amount

Total 0
Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
A la Carte 100519 AXON AIR, DJI DJI RC PLUS 2 12/01/2023 A la Carte 100522 AXON AIR, DJI MATRICE 30 SERIES INT FLIGHT BATTERY 4 12/01/2023 A la Carte 11630 DJI Matrice 30T Dock Bundle Kit with Care Plus (No Batteries, No Controller) 2 12/01/2023

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Attachment: Exhibit A: Axon Dock Quote (DFR Purchase Authorization)

Payment Details
Dec 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Hardware 100519 AXON AIR, DJI DJI RC PLUS 2 $3,040.00 $285.00 $3,325.00 Hardware 100522 AXON AIR, DJI MATRICE 30 SERIES INT FLIGHT BATTERY 4 $1,250.20 $117.20 $1,367.40 Hardware 11630 DJI Matrice 30T Dock Bundle Kit with Care Plus (No Batteries, No Controller) 2 $62,500.00 $5,859.38 $68,359.38 Total $66,790.20 $6,261.58 $73,051.78

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Attachment: Exhibit A: Axon Dock Quote (DFR Purchase Authorization)

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

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Attachment: Exhibit A: Axon Dock Quote (DFR Purchase Authorization)

\s1\ \d1\
Signature Date Signed
10/5/2023

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Attachment: Exhibit A: Axon Dock Quote (DFR Purchase Authorization) Quotation #
Quotation #
SO212412
SO212412

DESCRIPTION

DESCRIPTION

QUANTITY

QUANTITY
UNIT
UNIT
PRICE
PRICE
DISC.%
DISC.%
TAXES
TAXES
AMOUNT
AMOUNT
DJI Dock
DJI Dock
[101-138-1108] DJI M30T Dock Bundle
DJI Docks are rugged, reliable, and are built to operate 24/7, day or night, rain or shine.

Each DJI Dock houses a Matrice 30 where it lands, recharges, takes off, and executes missions programmed in DJI FlightHub 2. - Integrated and easy to deploy
- Work smarter with automation
- Cloud management
- Approximate 4 mile operating range
- 25 Minute fast charge cycle
- Wide range of operating temperature (-30 degrees F to 120 degrees F)
- Integration friendly with open API
What's included:
- Docking station
- M30T
- Weather station
- Docking station tools

2.000
Units
33,341.00

0.00 $
66,682.00
Subtotal
Subtotal

$
66,682.00
DJI Dock Accessories
DJI Dock Accessories
Campbell Police Department, Dave Cameron
70 N 1st St, Campbell, CA 95008
Campbell CA 95008
United States
Quotation Date:

Quotation Date:
10/22/2023
Expiration:

Expiration:
01/20/2024
Salesperson:

Salesperson:

Matthew Rybar
Unmanned Vehicle Technologies Unmanned Vehicle Technologies Tel:
+1 844-595-8010
[email protected]
https://www.uvt.us
1722 N College Avenue
Suite D
Fayetteville AR 72703
United States
Thank you for choosing
UVT!
1 1

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Attachment: Exhibit B: UVT Dock Quote (DFR Purchase Authorization) [101-137-1001] DJI RC Plus
The DJI RC Plus is DJI's first weather-rated handheld remote controller enabling operations in even the harshest environments.

With an updated Android-based operating system, sunlight-readable 1200-nit 7-inch HD screen, numerous I/O ports, and the ability to hot-swap batteries using both the internal battery as well as a WB37, the DJI RC Plus is officially the new standard in enterprise handheld remote controllers.

2.000
Units
1,600.00

0.00 $
3,200.00
[101-138-1207] DJI Matrice 30 Series TB30 Intelligent Flight Battery Explicitly designed to power the Matrice 30 Series drone, the DJI TB30 Intelligent Flight Battery is a 6-cell (6S) Ternary Lithium battery with a maximum capacity of 5880 mAh and a maximum voltage of 26.1 V. With its self-heating ability, the TB30 can perform even in extreme cold. The TB30 battery can only be charged using the DJI BS30 Intelligent Battery Station.

16.000
Units
329.00

0.00 $
5,264.00
[101-138-1201] DJI Matrice 30 Series BS30 Intelligent Battery Station
The DJI BS30 Intelligent Battery Charging Station is designed around the Matrice 30 Series TB30 flight battery and the WB37 intelligent battery that powers the DJI RC Plus remote and many other accessories. The DJI BS30 will charge one set of TB30 flight batteries, one WB37, and one DJI RC Plus remote control simultaneously with three available charging modes to meet your mission needs.

1.000
Units
999.00

0.00 $
999.00
Subtotal
Subtotal

$
9,463.00
Dock Installation
Dock Installation
[SRV-PM-103] UVT DJI M30T Dock Installation and Setup
*Customer to provide 110v power and ethernet connectivity at the deployment site.

2.000
Units
2,500.00

0.00 $
5,000.00
Unmanned Vehicle Technologies Unmanned Vehicle Technologies Tel:
+1 844-595-8010
[email protected]
https://www.uvt.us
1722 N College Avenue
Suite D
Fayetteville AR 72703
United States
Thank you for choosing
UVT!
2 2

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Attachment: Exhibit B: UVT Dock Quote (DFR Purchase Authorization) Subtotal
Subtotal

$
5,000.00
Training
Training
[UA-305] UVT Academy Visual Observer Remote Operations Train the Trainer Course

1.000
Units
2,000.00
100.00
$

0.00 [UA-101] UVT Academy Turnkey Delivery & 1-Day Basic Equipment Training

1.000
Units
1,999.00
100.00
$

0.00 Subtotal
Subtotal

$

0.00 Software
Software
[101-996-1103] DJI Flight Hub 2.0
Includes access to DJI Flight Hub 2.0 for 5 aircraft/docks

1.000
Units
999.00

0.00 $
999.00
Subtotal
Subtotal

$
999.00
UVT ProLine Services
UVT ProLine Services
[SRV-PL-104] UVT ProLine Pre-Flight Service
Our ProLine Pre-Flight Service ensures you receive a turnkey system on day one. This service includes the activation of the hardware and any included service plans (ex. DJI Care Enterprise) and the updating and testing of all critical flight components. All ProLine services are performed in-house by our factory-trained technicians.

2.000
Units
499.00
100.00
$

0.00 [SRV-PLS-103] UVT ProLine Support Premium
UVT ProLine Support offers you direct access to our technical and operational support teams. With ProLine Support Premium, this access is provided 24x7x365 to ensure you always have the support you need.

2.000
Units
1,999.00
100.00
$

0.00 Unmanned Vehicle Technologies Unmanned Vehicle Technologies Tel:
+1 844-595-8010
[email protected]
https://www.uvt.us
1722 N College Avenue
Suite D
Fayetteville AR 72703
United States
Thank you for choosing
UVT!
3 3

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Attachment: Exhibit B: UVT Dock Quote (DFR Purchase Authorization) Subtotal
Subtotal

$

0.00 The completion of this transaction via payment, Purchase Order, or electronic signature indicates your acceptance of our Terms & Conditions, available online at www.uvt.us/terms.

The contents of this document are confidential and proprietary and are intended only for the recipient specified herein. It is strictly forbidden to share the contents of this document with any third party, without receiving the prior written consent of UVT.

Payment terms: Net 30
Total
Total
$ 82,144.00
Unmanned Vehicle Technologies Unmanned Vehicle Technologies Tel:
+1 844-595-8010
[email protected]
https://www.uvt.us
1722 N College Avenue
Suite D
Fayetteville AR 72703
United States
Thank you for choosing
UVT!
4 4

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Attachment: Exhibit B: UVT Dock Quote (DFR Purchase Authorization) QUOTEAll credit card transactions will require a 3% charge Airworx Unmanned Solutions
3504 Highway 153 #301
Greenville, South Carolina 29611
United States
Phone: 864.898.9444
Mobile: 864.303.2002
airworxdrone.com

BILL TO
Campbell Police Department (CA)
David Cameron
[email protected]
Estimate Number: 20247
Estimate Date: September 27, 2023
Valid Until: October 27, 2023
Estimate Total
(USD):
$97,998.00

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Attachment: Exhibit C: Airworx Dock Quote (DFR Purchase Authorization) Items Quantity Price Amount
DJI Matrice M30T Plus Dock System - Inc
Warranty / Maintenance Plan
Welcome to the latest innovation in autonomous and
remote operation for your site - the DJI Matrice
M30T Dock System. The DJI Dock system allows for
remote operation of your aircraft system from
anywhere in the world - via the internet connected
dock station. The Dock includes full HVAC
controlled environment, suitable for any location.

Included in the package is:
1x DJI Matrice M30T Dock System Aircraft (camera
includes thermal, zoom, wide-vision and rangefinder
sensors)
1x Set of Flight Batteries
1x DJI RC Plus Controller
1x Dock System
1-Year Aircraft Replacement - unlimited claims with
no deductibles - and standard warranty
1-Year Dock Repair warranty, on-site by
technicians, no cost.
1x Annual Dock maintenance visit by technicians to
replace components and parts that may be worn
(this is required for the warranty validity)
1x On-site Training and with installation
The end-user client must arrange for the logistics of
ensuring proper required electrical and internet
cable is available to the location of installation, and that a proper base / pad is prepared for the
installation of the Dock per spec provided by DJI /
Airworx.
2 $48,999.00 $97,998.00

QUOTEAll credit card transactions will require a 3% charge Airworx Unmanned Solutions
3504 Highway 153 #301
Greenville, South Carolina 29611
United States
Phone: 864.898.9444
Mobile: 864.303.2002
airworxdrone.com

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Attachment: Exhibit C: Airworx Dock Quote (DFR Purchase Authorization) Subtotal: $97,998.00
Total: $97,998.00
Estimate Total (USD): $97,998.00
Notes / Terms
Once approved in email or via PO for an order, we will begin the setup process. All of our systems and equipment must be setup and activated (starts the warranty status) which then becomes non-refundable and non-returnable. In most cases there is no possibility for a return option. However, we will always support and ensure satisfaction that products we sell operate to the standard expectations of the manufacturer.

Quotes are valid 30-days unless otherwise stated in this document, and quotes depend on ability to source the products.

Thank you for considering using our South Carolina based small business for your purchase! QUOTEAll credit card transactions will require a 3% charge Airworx Unmanned Solutions
3504 Highway 153 #301
Greenville, South Carolina 29611
United States
Phone: 864.898.9444
Mobile: 864.303.2002
airworxdrone.com

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Attachment: Exhibit C: Airworx Dock Quote (DFR Purchase Authorization) Non-Binding Budgetary Estimate

Q-485053-45233.824TS
Issued: 11/03/2023
Quote Expiration: 12/14/2023
Estimated Contract Start Date: 12/15/2023
Account Number: 112742
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Campbell Police Dept.-70 N 1st St
70 N 1st St
Campbell,
CA
95008-1458
USA

Campbell Police Dept. - CA
70 N 1st St
Campbell
CA
95008-1458
USA
Email:

Tamiko Sianen
Phone: +16285027875
Email: [email protected]
Fax:

Ian White
Phone:

Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 36 Months Average Savings Per Year $3,079.21 TOTAL COST $57,938.10
ESTIMATED TOTAL W/ TAX $57,938.10 TOTAL SAVINGS $9,237.62

Payment Summary
Date Subtotal Tax Total
Dec 2023 $29,377.98 $0.00 $29,377.98
Dec 2024 $14,280.06 $0.00 $14,280.06
Dec 2025 $14,280.06 $0.00 $14,280.06
Total $57,938.10 $0.00 $57,938.10
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

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Attachment: Exhibit D: Axon Dock Licensing Quote (DFR Purchase Authorization) Non-Binding Budgetary Estimate

Quote Unbundled Price: $67,175.72
Quote List Price: $67,175.72
Quote Subtotal: $57,938.10
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 2 36 $283.34 $283.34 $240.84 $17,340.40 $0.00 $17,340.40 A la Carte Software
100588 AXON AIR, REMOTE ADD-ON (CLASS 2) 2 36 $416.67 $354.17 $25,500.20 $0.00 $25,500.20 A la Carte Services
101155 AXON AIR - DN DOCK INSTALLATION & TRAINING 1 $1,775.00 $1,597.50 $1,597.50 $0.00 $1,597.50 101152 AXON AIR - DN DOCK MAINTENANCE - 1 VISIT (PER
YR) 3 $5,000.00 $4,500.00 $13,500.00 $0.00 $13,500.00
Total $57,938.10 $0.00 $57,938.10

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Attachment: Exhibit D: Axon Dock Licensing Quote (DFR Purchase Authorization) Non-Binding Budgetary Estimate

Firearms and Ammunition Excise Tax
Item Description Taxable Amount FAET Rate FAET Amount

Total 0
Delivery Schedule
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date AXON AIR, CLASS 2 UAS BUNDLE 100580 AXON AIR, UAS LICENSE (CLASS 2) 2 12/15/2023 12/14/2026 AXON AIR, CLASS 2 UAS BUNDLE 100584 AXON AIR, ADVANCED STREAMING ADD-ON 2 12/15/2023 12/14/2026 AXON AIR, CLASS 2 UAS BUNDLE 100586 AXON AIR, API INTEGRATIONS ADD-ON 2 12/15/2023 12/14/2026 A la Carte 100588 AXON AIR, REMOTE ADD-ON (CLASS 2) 2 12/15/2023 12/14/2026 Services
Bundle Item Description QTY
A la Carte 101152 AXON AIR - DN DOCK MAINTENANCE - 1 VISIT (PER YR) 3 A la Carte 101155 AXON AIR - DN DOCK INSTALLATION & TRAINING 1

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Attachment: Exhibit D: Axon Dock Licensing Quote (DFR Purchase Authorization) Non-Binding Budgetary Estimate

Payment Details
Dec 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Hardware Installation &
Training 101155 AXON AIR - DN DOCK INSTALLATION & TRAINING 1 $1,597.50 $0.00 $1,597.50 Maintenance Visits 101152 AXON AIR - DN DOCK MAINTENANCE - 1 VISIT (PER YR) 3 $13,500.00 $0.00 $13,500.00 Year 1 (Software) 100588 AXON AIR, REMOTE ADD-ON (CLASS 2) 2 $8,500.23 $0.00 $8,500.23 Year 1 (Software) CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 2 $5,780.25 $0.00 $5,780.25 Total $29,377.98 $0.00 $29,377.98
Dec 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 (Software) 100588 AXON AIR, REMOTE ADD-ON (CLASS 2) 2 $8,499.99 $0.00 $8,499.99 Year 2 (Software) CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 2 $5,780.07 $0.00 $5,780.07 Total $14,280.06 $0.00 $14,280.06
Dec 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 (Software) 100588 AXON AIR, REMOTE ADD-ON (CLASS 2) 2 $8,499.99 $0.00 $8,499.99 Year 3 (Software) CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 2 $5,780.07 $0.00 $5,780.07 Total $14,280.06 $0.00 $14,280.06

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Attachment: Exhibit D: Axon Dock Licensing Quote (DFR Purchase Authorization) Non-Binding Budgetary Estimate

This Rough Order of Magnitude estimate is being provided for budgetary and planning purposes only. It is non-binding and is not considered a contractable offer for sale of Axon goods or services.

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

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Attachment: Exhibit D: Axon Dock Licensing Quote (DFR Purchase Authorization)

City
Council
Report

TITLE: Approval of FUSUS Contract and Dispensing of Bidding Requirements as Specified in Campbell Municipal Code Section

3.20.030(7) (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution approving a three -year contract with FUSUS and authorizing the City Manager to sign the contract and dispense with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(7).

BACKGROUND

The Campbell Police Department applied for an Organized Retail Theft Grant through the State of California Board of State and Community Corrections to address Organized Retail Theft and Auto Theft. This was a competitive process that involved a specific project proposal. The City of Campbell was awarded $400,562 by the state to fund the project proposal.

The proposal included Real Time Information Center (RTIC) software to take advantage of existing traffic camera infrastructure, while also tying in all of the department’s existing camera hardware. This software also provides retailers an opportunity to share video in real time with the Police Department.

DISCUSSION

Fusus’ cloud based RTIC technology allows for the quick implementation of an RTIC with fewer staff resources . This technology allows for integrations with existing intersection cameras, Flock license plate readers, officer body cameras, drones, patrol vehicle cameras, private and public cameras, and surveillance systems. It requires minimal on-site IT support and hardware and can be logged into from any department computer. The unique aspect of this program is that it allows the department to establish tangible data-sharing relationships with retailers if they allow the option to share real-time access to their surveillance systems. Retailors opting to take advantage of this can set permissions around how the Police Department can access real -time video.

This platform integrates with the department’s current dispatch software, directing the RTIC operator on digital evidence collection resources near a call for service. This gives Item: 18
Category: NEW BUSINESS
Meeting Date: December 5, 2023
18 Packet Pg. 239
Approval of FUSUS Contract Page 2 of 3
the operator the ability to quickly collect information in real -time while updating officers as they respond to the scene.

The AI built into the system allows for advanced search methods and increased investigative capabilities. FususONE™, the company’s flagship enterprise software management system, is the only platform of its kind on the market and there are no comparable market alternatives (See attached sole source letter Exhibit A) . The purchasing procedures outlined in the City’s Municipal Code Section 3.20.050 state that purchases of equipment shall be made according to specified bidding procedures.

However, per Municipal Code Section 3.20.030(7), the bidding procedures may be dispensed with when the supplies, services or equipment can only be obtained from one vendor, in which case the City may negotiate directly with that vendor.

Fusus is an important element of the Police Department’s efforts to combat organized retail theft and auto theft. This is also an opportunity to collaborate on this problem in tangible ways with our retail community.

FISCAL IMPACT

The cost of this software is $51,000.00 per year for three years. This cost will be reimbursed using ORT grant funds recently accepted by City Council and programmed into the budget at the November 7, 2023 Council meeting.

Prepared by:

Ian White, Police Captain

Reviewed by:

Gary Berg, Police Chief

Approved by:

Brian Loventhal, City Manager

18 Packet Pg. 240
Approval of FUSUS Contract Page 3 of 3

Attachment:
a. Fusus Resolution
b. Exhibit A: Fusus Purchase Packet 9.21.2023 Campbell PD CA c. Exhibit B: FUSUS Sole Source
18 Packet Pg. 241
RESOLUTION NO. ________

RESOLUTION APPROVING A THREE-YEAR CONTRACT WITH FUSUS AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT AND DISPENSE WITH BIDDING REQUIREMENTS AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.030(7).

WHEREAS, The Campbell Police Department applied for an Organized Retail Theft Grant through the State of California Board of State and Community Corrections to address Organized Retail Theft and Auto Theft and was awarded $400,562; and

WHEREAS, the Campbell Police Department’s proposal included Real Time Information Center (RTIC) software; and

WHEREAS, Fusus’ cloud based RTIC technology allows for the quick implementation of an RTIC with fewer staff resources; and

WHEREAS, This technology allows for integrations with existing intersection cameras, Flock license plate readers, officer body cameras, drones, patrol vehicle cameras, private and public cameras, and surveillance systems; and

WHEREAS, Fusus is an important element of the Police Department’s efforts to combat Organized Retail Theft and Auto Theft; and

WHEREAS, Fusus’ enterprise software management system, is the only platform of its kind on the market and there are no comparable market alternatives.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the three- year contract with FUSUS is approved and city Manager is authorized to sign the contract and dispense with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(7).

APPROVED:

___________________________
Anne Bybee, Mayor

ATTEST:

____________________________
Andrea Sanders, City Clerk

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Attachment: Fusus Resolution [Revision 1] (Approval of FUSUS Contract)

www.fūsus.com 5550 Triangle Parkway, Ste 100, Peachtree Corners, GA 30092 (844) 226-9226

September 21, 2023
Chief Gary Berg
Campbell Police Department
70 N 1st Street
Campbell, CA 95008

Subject: Service Agreement Proposal

Dear Chief Berg,

Fūsus is honored that the Campbell Police Department is considering our organization to support its community safety initiatives by providing a platform to view public and community video sources for incident situational awareness and investigations.

Fūsus will provide a video and data collaboration platform to expedite intelligence gathering and efficiency of response to situations as they unfold throughout the community. Further, the platform is tied to a community-facing website portal for video camera registry, providing a tool for identifying the location of cameras in proximity to incidents, as well as a means for efficient outreach to collect recorded video and image files from camera owners both public and private.

This Service Agreement Proposal and related software subscription will become effective upon signing and continue for twelve (12) months.

1. Initial Scope of Work: The following fūsus Basic Package software and associated hardware will be delivered and installed as part of this agreement. a. fū susONE ™: Initial setup, access and training of users to include up to 150 data points and 150 public/private video feeds
b. f ūsusCORE ™: Installation and setup of:
i. Four (4) fūsusCORE Pro™ Appliances
ii. One (1) fūsusCORE Elite AI™ Appliance
c. fūsusREGISTRY™: Creation of a custom website portal for community members to register privately owned cameras
d. f ūsusVAULT ™: Implementation of a CJIS compliant evidence vault for the storage of up to 2TB of videos and still images captured via the fūsusONE™ platform e. fū susOPS ™: Implementation of the Fūsus smart-phone app which provides viewing of live camera feeds and setting up and transmitting the location of teams for special events and critical incident management
f. f ūsusTIPS ™: Implementation of the Fūsus SMS service that provides text communications of pictures, audio and video directly into fūsusVault™ g. f ū susNOTIFY ™: Implementation of the Fūsus SMS text service that provides text notifications to community members
h. f ūsusAlert ™: Implementation of the Fūsus iOS/Android application which provides panic alerting to fūsusONE™ along with geolocation of persons in distress and automatic docking of nearby camera assets in the fūsusONE™ platform i. fūsusANALYTICS™: Implementation of the Fūsus crime and incident heat mapping and analysis platform
j. f ū susCONNECT Microsite : Development of an agency specific website landing page to assist with building camera registration and integration of community video assets k. f ūsusINCIDENT ™: Implementation of the Fūsus Situational Awareness system for bi- directional telestration, icon marking, floorplan room clearing, planning, and resource

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Attachment: Exhibit A: Fusus Purchase Packet 9.21.2023 Campbell PD CA (Approval of FUSUS Contract) www.fūsus.com 5550 Triangle Parkway, Ste 100, Peachtree Corners, GA 30092 (844) 226-9226

staging from Emergency Operation Center workstations and mobile field-based users on laptops and iOS/Android mobile devices
l. f ūsusLIVELINK™: Provision of Fūsus live link system which allows 911 callers to initiate a camera stream in the event of an emergency to the Department, along with a one-to- many methodology for secure and encrypted responder-group sharing during an emergency
m. fūsusOVERWATCH: Allows users the ability to track vehicles and people from one camera to another
n. Remote Configuration of fūsus Core(s)
o. Integration of all current and future video feeds
p. Integration of Computer Aided Dispatch, AVL, drone feeds, covert cameras, and license plate readers as required

Note: fūsus™ will provide continuing data and IoT integrations at no additional charge for the life of the agreement

2. Payment and Subscription Terms:

a. Payment 1: Due Upon Contract Signing $51,000
The Agency will have the option to renew the Basic Package for two additional years for $51,000 annually.

Note: Additional fūsusCORE™ appliances may be purchased for the following per unit price schedule.

a. CORE Lite: $200/each
b. CORE Lite Extended: $300/each
c. CORE Pro: $600/each
d. CORE Pro Extended: $1,000/each
e. CORE Elite: $4,000/each
f. CORE Elite AI: $5,000/each

3. Bill of Materials Included with the Service: As part of the annual subscription price, each system will include the following:

a. fūsusONE™ SaaS
b. Unlimited video alerts, access, and video download
c. fūsusCORE™ warranty and technical support for the life of the agreement d. Unlimited fūsusOPS Application for Android and iOS Devices

Subscription to fūsusONE™ includes all the following:
a. Unlimited Users for Your Agency to fūsusONE™ – Real-Time Crime Center in the Cloud b. Unlimited Access for Your Agency to the fūsusONE™ Dashboard c. Floorplan Integration for designated locations in fūsusONE™ d. Ongoing Integration Services with the CAD System
e. Installation and Technical Phone Support
f. Provide a Full Solution Warranty for the Life of the Agreement g. Live U.S.-Based Phone Technical Support for the Life of the Agreement

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Attachment: Exhibit A: Fusus Purchase Packet 9.21.2023 Campbell PD CA (Approval of FUSUS Contract) www.fūsus.com 5550 Triangle Parkway, Ste 100, Peachtree Corners, GA 30092 (844) 226-9226

4. Technical Requirements:

a. Camera live-sharing compatibility will be assessed for each location before CORE delivery.
b. The customer will designate a primary POC for the deployment of the fūsus™ solution. c. Minimum network speed of .5 mb/s per viewed camera for live video sharing through the system.

5. T erms and Conditions:

The use of and access to fūsus™ pr oducts and services is subject to the fūsus™ Terms of Service found at https://www.fusus.com/fusus-t erms-of-service.

The Termination for Convenience Clause Asserts that the customer may, at its sole discretion, terminate the agreement with 30 days of written notice to Fūsus. Services will be reimbursed on a pro-rated basis from the last day of the term through the agreement’s remainder. The cost of any unreturned or unserviceable fūsusCORE(s), as listed above in Section 2, will be deducted from the refund.

We are privileged to work with you on this project. Should you have any questions at any time, please feel free to call (765) 237-1769 or email me at jdw@fūsus.com.

Respectfully,

John Watson
Vice President of Sales

Approved (Signature): _______________________________________________

By (Print Name/Title): ______________________________________ Date __________

18.b
Packet Pg. 245
Attachment: Exhibit A: Fusus Purchase Packet 9.21.2023 Campbell PD CA (Approval of FUSUS Contract) Campbell Police Department
Campbell Police Department
70 N 1st St
Campbell, CA 95008
Gary Berg
Chief
[email protected]
+14088662121
Reference: 20230921-130711796
Quote created: September 21, 2023
Quote expires: December 20, 2023
Quote created by: Kelly Herron
West Region Sales Director
[email protected]
Products & Services
Item & Description SKU Quantity Unit Price Total
Basic Package SaaS FUSE-
B-1-1001
1 $50,000.00
/ year
$50,000.00 / year
Core Pro Appliance CORE-
P-2001
4 $600.00  $0.00
Core Elite AI Appliance CORE-
AI-2001
1 $5,000.00  $0.00
fususCONNECT Microsite FUS-S-
SITE
1 $1,000.00
/ year
$1,000.00 / year
Total $51,000.00
S a a S S u b s c r i p t i o n t o I n c l u d e 1 5 0 D a t a P o i n t s / V i d e o S t r e a m s a n d 2 T B s o f C l o u d S t o r a g e
f o r 1 y e a r
a f t e r 1 0 0 % d i s c o u n t
a f t e r 1 0 0 % d i s c o u n t
D e v e l o p m e n t o f a n a g e n c y s p e c i fi c w e b s i t e l a n d i n g p a g e t o a s s i s t w i t h b u i l d i n g c a m e r a r e g i s t r a t i o n a n d i n t e g r a t i o n o f c o m m u n i t y v i d e o a s s e t s
f o r 1 y e a r

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Packet Pg. 246
Attachment: Exhibit A: Fusus Purchase Packet 9.21.2023 Campbell PD CA (Approval of FUSUS Contract) Purchase terms
Questions? Contact me!
Kelly Herron
West Region Sales Director
[email protected]
Fusus, Inc.
5550 Triangle Parkway
Peachtree Corners, Georgia 30092
United States of America

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Attachment: Exhibit A: Fusus Purchase Packet 9.21.2023 Campbell PD CA (Approval of FUSUS Contract)

www.fusus.com 5550 Triangle Parkway, Ste 100, Peachtree Corners, GA (844) 226-9226 smash silos. fuse communities.

Fusus is the only manufacturer that builds a common operating platform that does not require a complete replacement of video cameras, recorders, servers, or network equipment at video transmitting locations. As such, the solution is robust yet fast and cost efficient to deploy and requires minimal supervision on the part of the Department.

FususONE™, the Company’s flagship enterprise software management system, is the only platform of its kind on the market and there are no comparable market alternatives that meet the specifications set forth in this letter.

Accordingly, the product has met the criteria set by over 180 Nationwide Departments under contract with Fusus for a sole source procurement methodology.

Referenced in this letter are the components of the Fusus ecosystem . These are: (1) fususONE™, the Real-Time Video and Incident Management Platform, (2) fususCORE™, the appliance used for video sharing, and (3) fususCONNECT™, the community facing portal for live and recorded video sharing to aid in response and investigations.

The fususONE™ platform offers the following unique capabilities to your Department:

• Patented “Dispatch-Directed Payload” digital media payload sharing with assigned Officers for Calls for Service (Patent Number US11368586B2)
• Patented SMS-Based fususTIPS™ and fususALERT™ (Patent Number US20220076556A1) for multi-media photo, video, and text-based tip sharing from Department employees, community members, and police officers to better assess field based issues as they arise, and a n iOS and Android-based panic alert application for alert, location, and policy-based sharing of the closest available surveillance camera assets to the source of the alert.
• Unlimited Third-Party Integrations are included at no cost from Fusus , allowing the value and functionality of the Fusus-ecosystem to grow with the needs of the Department. • Global map-based GUI of all camera locations, and organizations partnered with the Department for sharing.
• Full Integration with Axon Body 3™ Body-Worn Cameras (BWCs) – including capabilities unique to Fusus for correlation of Officer location, BWC recording status, access to BWC live streaming video, user authentication and correlation to other video and alerting assets through the platform. • Real-time video accessibility to over 1,000 camera and camera software manufacturers , including UAV, Robot, Helicopter and other public safety video assets that may already be in use • CJIS Compliant Cloud Based Management (AWS Gov Cloud) • Policy-Based Sharing rules engine including a complete chain of custody report of video access by user • Real Time Integration with your Department’s Computer Aided Dispatch Software (CAD) for automatic display of calls for service in relation to live and recorded video based on priority and type • Apple iOS and Android Interoperability for Live View and Sharing of Incident Video , Map Telestration for Team Incident Response and Team Movement Coordination, and a Secure Chat of Digital Media by supervisors to field-based users and groups
• Artificial Intelligence “Search” (rapid object-based video review), “Sentry” (real-time object-based alerting), and “Self-Serve” (behavorial AI for high risk actions like wrong way traffic) capabilities • An Operational Dashboard for monitoring secure chat channels between your and business community stakeholders, social media integration, local and national news channels, daily operational briefs promulgated by the Department, and emergency and safety-related notifications • fususOVERWATCH™ (patent pending) for the correlation of video cameras in relation to a single camera for high speed pursuit monitoring via map based interface

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Attachment: Exhibit B: FUSUS Sole Source (Approval of FUSUS Contract) www.fusus.com 5550 Triangle Parkway, Ste 100, Peachtree Corners, GA 30092 (844) 226-9226

• A fususALERT™ panic alerting mobile app for Department-designated community member locations for location alerting and policy-based video sharing during critical incidents • fususNOTIFY™ mass notification capabilities for community SMS alerts • fususANALYTICS™: Crime and incident heat mapping capabilities to provide location and day of week/time of day frequency analytics over specified search periods for data -driven decision making.

The fususCORE™ offers the following unique capabilities to your Department:

• Encrypted and Secure Tunnel of User selectable video feeds from video sharing locations. • Auto-Discovery of all cameras on a network, user selectable for sharing with the Department ’s real-time crime interface, fususONE
• On-Board Pre-Record of Alerts – store and forward methodology optimized for slower camera host networks
• Plug and Play Setup by the video host locations, not requiring project management by the Department • Interoperability with Existing IP Cameras and NVRs/Servers for items such as helicopter, drone, tactical robot, license plate recognition, and fixed location video • Health Monitoring of video sharing sites, and exception alerts for priority video sources • Public Safety-specific cellular interoperability, including First Net • Artificial Intelligence Based Search & Alert Capabilities for both public and community -owned camera sources

The fususCONNECT™ website portal offers the following unique capabilities to your Department:

• A unique web address owned by your Department for Community Camera Registry • An intuitive map-based camera registry interface that allows camera owners to share camera location, type, and their contact information with the Department, to aid in investigations • A secure portal, fususVAULT™, for sharing recorded video from witnesses with the Department and to aid in investigations
• Aggregation of all live incident views and recorded video into a ca se file for export to the Department’s long-term digital evidence management software (DEMS) system, including Axon’s Evidence.com . • fususLIVELINK™ provides the Department’s 911 callers with an app-free method to share video from their phone during a 911 call through an SMS-transmitted link that is sent to their phone

Fusus is the sole entity with the authority, access, and ability to provide enhancements, upgrades, and wa rranty support for its hardware and software products.

Sincerely,

Anthony Baldoni
Chief Operating Officer
Fūsus, Inc.

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Attachment: Exhibit B: FUSUS Sole Source (Approval of FUSUS Contract)

City
Council
Report

TITLE: 2024 City Council Meeting Schedule (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution approving the 2024 City Council meeting schedule.

BACKGROUND

Pursuant to Campbell Municipal Code Section 2.04.020, meetings of the City Council are regularly held on the first and third Tuesday of each month. Each year staff presents a proposed meeting schedule , noting conflicts that may exist with regularly scheduled meeting dates for the City Council’s review and approval.

DISCUSSION

Council has in the past cancelled one meeting in July or August for summer recess, and one meeting in December or January for winter recess . The Council has previously requested the first Tuesday in August be cancelled or rescheduled in observance o f National Night Out. The council has also cancelled the first meeting in January due to the Holiday closure and staff availability for the agenda packet prep aration. The City Council should also take into consideration that Tuesday, November 5, 2024, will be Election Day.

The proposed schedule (Attachment B) reflects all possible meeting dates that occur on the first and third Tuesday of the month. This item is being agendized to provide an opportunity for Council to discuss the proposed schedule , recommend changes and determine any necessary recesses or meeting cancellations as appropriate.

Some or all Councilmembers may attend the following conferences in 2024, the dates of which do not conflict with any regularly scheduled City Council meetings.

March 11-13, 2024 National League Congressional City Conference, Washington, DC

October 16-18, 2024 League of California Cities Annual Conference, Long Beach, CA

November 13-16, 2024 National League City Summit (formerly Item: 19
Category: NEW BUSINESS
Meeting Date: December 5, 2023
19 Packet Pg. 250
2023 City Council Meeting Schedule Page 2 of 2
Congress of Cities) Tampa, FL

FISCAL IMPACT
There is no fiscal impact associated with adopting the 202 4 City Council meeting schedule at this time.

Prepared by:

Andrea Sanders, City Clerk
Approved by:

Angelique Gaeta, Assistant City
Manager
Attachment:
a. Resolution
b. Exhibit A - 2024 CITY COUNCIL MEETING DATES
19 Packet Pg. 251

RESOLUTION NO._____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING THE 2024 CITY COUNCIL MEETING SCHEDULE

WHEREAS, Pursuant to Campbell Municipal Code Section 2.04.020, meetings of the City Council are regularly held on the first and third Tuesday of each month; and

WHEREAS, the City Council in the past has canceled one meeting in July or August as a summer recess; and

WHEREAS, the City Council in the past has canceled one meeting in December or January as a winter recess; and

WHEREAS, the adoption of the City Council meeting schedule (Exhibit A) sets the dates for the 2024 regular Council meetings;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell approves the 2024 City Council meeting schedule (Exhibit A).

PASSED AND ADOPTED this _____ day of __________, by the following roll call vote:

AYES: Councilmembers

NOES: Councilmembers

ABSENT: Councilmembers

APPROVED:

________________________
Anne Bybee, Mayor

ATTEST:

___________________________________
Andrea Sanders, City Clerk

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Attachment: Resolution (2023 City Council Meeting Schedule) Meetings noted with an asterisk (*) have previously been canceled or moved due to conflicting holidays or community events.
2024 CITY COUNCIL MEETING DATES
January 2*
January 16*
January 22 (Special)

February 6
February 20

March 5
March 19

April 2
April 16

May 7
May 21

June 4
June 18

July 2*
July 16*

August 6*
August 20

September 3
September 17

October 1
October 15

November 5 (Election Day)
November 19

December 3
December 17

January 7, 2025*
January 21, 2025

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Attachment: Exhibit A - 2024 CITY COUNCIL MEETING DATES (2023 City Council Meeting Schedule)

City
Council
Report

TITLE: Council Committee Reports

RECOMMENDED ACTION

That the City Council report on activities from their committee assignments.

DISCUSSION
This is the section of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Subcommittees.

MAYOR BYBEE
Cities Association of Santa Clara County:

Board Representative
Legislative Action Committee and City Selection Committee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Finance Subcommittee
Friends of the Heritage Theater Liaison
Legislative Subcommittee
Silicon Valley Animal Control Authority Board (SVACA)
West Valley Mayors and Managers

VICE MAYOR LANDRY
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Education Subcommittee
Economic Development Subcommittee
Santa Clara Valley Water District County Water Commission Santa Clara County Library District JPA Board of Directors

West Valley Clean Water JPA (Alt.)
West Valley Solid Waste Authority JPA (Alt.)
West Valley Mayors and Managers (Alt.)

Item: 20
Category: COUNCIL COMMITTEE

REPORTS
Meeting Date: December 5, 2023
20 Packet Pg. 254
Council Committee Reports Page 2 of 3

COUNCILMEMBER FURTADO
Advisory Commissioner Appointment Interview Committee
DCBA Liaison
Emergency Operational Area Council (EOAC)
Santa Clara County Emergency Operational Council (EOAC)** Silicon Valley Regional Interoperability Authority (SVRIA) West Valley Clean Water JPA
West Valley Sanitation District
West Valley Solid Waste Authority JPA

Association of Bay Area Governments (Alt.)
Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.)

COUNCILMEMBER LOPEZ:

Association of Bay Area Governments
Bay Area Quality Management District Board of Directors** Economic Development Subcommittee
Finance Subcommittee
League of Cities Peninsula Division Executive Committee** Legislative Subcommittee
Santa Clara County Housing and Community Development Advisory Committee Silicon Valley Clean Energy Finance and Audit Committee Valley Transportation Authority Board of Directors**

Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) Cities Association of Santa Clara County:

Board Representative (Alt.)
Legislative Action Committee and City Selection Committee (Alt.) Friends of the Heritage Theater Liaison (Alt.)
Santa Clara Valley Water District: County Water Commission (Alt.) Silicon Valley Clean Energy JPA Board of Directors (Alt.) West Valley Sanitation District (Alt.)

COUNCILMEMBER SCOZZOLA
Campbell Historical Museum & Ainsley House Foundation Liaison Education Subcommittee
Silicon Valley Clean Energy JPA Board of Directors
Valley Transportation Authority Policy Advisory Board

DCBA Liaison (Alt.)
Santa Clara County Housing and Community Development Advisory Committee (Alt.) Santa Clara County Library District JPA Board of Directors (Alt.)

**appointed by other agencies

20 Packet Pg. 255
Council Committee Reports Page 3 of 3

Prepared by:

Kristen Epolite, Deputy City Clerk

20 Packet Pg. 256