Zoning Letter - 2011CITY OF CAMPBELL
community Development Department
September 8, 2011
Sam Haddad
1418 Camino Robles Way
San Jose, CA 95120
Re: File No: PLN2011-120
Address: 364 Esther Ave.
APN: 279-37-052
Application: Zoning Certification Letter
Dear Mr. Haddad,
This letter is in response to your May 2, 2011 request for a Zoning Certification Letter to
determine the legal status of two dwelling units located at the above referenced property.
Site Conditions: The subject property, identified as parcel 279-37-052 on the assessment
maps of the Santa Clara County Assessor's Office, is an approximately 8,100 square-foot
parcel improved with a 912 square-foot single-family residence located at the front of the
property (front dwelling unit) and a 413 square-foot single-family residence with a 207
square-foot attached garage located at the rear of the property (rear dwelling unit).
Zoning/ General Plan Desi nag tions: The subject property is located within the R-1-6
Zoning District and designated Low Residential (less than 6 units /gr. acre) on the General
Plan Land Use Map.
Surrounding Land Uses: The following Zoning and Land Use Districts surround the
subject property:
^ North: R-1-6 (Single-Family Residential) /Low Residential (less than 6 units /gr. acre)
^ South: R-1-6 (Single-Family Residential) /Low Residential (less than 6 units /gr. acre)
^ East: R-2 (Multiple-Family Residential) /Medium Densitt~ Residential (14-20 units/ gr. acre)
^ Wesi: R-1-6 (Single-Family Residential) /Low Residential (less than 6 units /gr. acre)
Zoning Certification Letter ~ 364 Esther Ave. Page 2 of 3
Land Use Entitlement(s): According to City of Campbell Building Permit records, the
front dwelling unit was constructed in 1967 pursuant to Building Permit No. 4943. The
rear dwelling unit was constructed prior to incorporation of the City of Campbell in 1952.
According to the provided Santa Clara County Residential Unit Property Record, this
structure has a listed 'construction date' of 1947. Santa Clara County Development
Services staff states that this date signifies that the structure was completed in 1947, with
construction commencing in the year prior. This would predate the requirement for a
building permit for residential structures within Santa Clara County. As such, no land
use entitlements for the rear dwelling unit have been issued.
Dwelling Legality: As evidenced by City of Campbell Building Permit No. 4943, the front
dwelling unit is a permitted, legal dwelling unit. Without the benefit of land use
entitlements or permits, legality of the rear dwelling unit was determined through
review of supporting documentation. The Planning Division conducted an inspection of
the property, reviewed interior and exterior photographs of the structure, Sanborn Map
Company maps, the Santa Clara County Residential Unit Property Record, and historic
aerial photography provided by the Nationwide Environmental Title Research
Company. Based on this documentation, the City has determined the rear dwelling unit
was constructed under Santa Clara County's jurisdiction, prior to the requirement for a
building permit. As a result, it too, is considered a legal dwelling unit.
Zoning/General Plan. Compliance: The R-1-6 (Single-Family Residential) Zoning District
allows construction of one primary dwelling unit, consistent with the underlying General
Plan Land Use designation Low Density Residential (less than 6 units /gr. acre).'
Based on the gross lot area of the parcel (including the titled property plus the area to
street center line), and the presence of two dwelling units, the property is developed at
approximately 9.1 units per gross acre. This density is inconsistent with the Loin Density
Residential General Plan Land Use designation. The property is therefore non-conforming
with the Zoning Code and General Plan.
Non-Conforming Restrictions: Non-conforming uses and structures are subject to the
City's non-conforming provisions, contained in Chapter 21.58 of the Campbell Municipal
Code (CMC). For the purposes of non-conforming status, the City has determined that
the front dwelling unit constitutes the property's "primary dwelling unit" due to its
placement at the front of the property, its larger size, and permitting under the City of
Campbell's jurisdiction. Resultingly, it is the rear dwelling unit that is considered is non-
conforming.
In compliance with superseding State law, Campbell Municipal Code Sec. 21.36.200 allows construction of a
"secondary dwelling unit" (defined by the Municipal Code as a subordinate dwelling structure no greater than 640
square-feet in area) on parcels 10,000 square-feet or greater in net lot area, irrespective of General Plan Land Use
density limitations. However, as the subject property is 8.100 square-feet, this allowance,is~ot applicable. ,_._ _
Zoning Certification Lettt~ ~ 364 Esther Ave. Page 3 of 3
CMC Sec. 21.58.050(B) allows continued use of the rear dwelling unit so long as it is not
added onto or enlarged in any manner. Routine maintenance, repairs, and minor
alterations are allowable provided no structural alterations are made except those
required by law. In compliance with this section, the City will allow renovation of the
rear dwelling unit, including a kitchen remodel, replacement of windows, upgrading of
electrical wiring, and similar improvements. However, the 207 square-foot garage area
must remain non-habitable space; conversion of the garage area into living space would
constitute a de-facto enlargement of the structure.
Although non-conforming, the rear dwelling unit could be reconstructed following
destruction caused by earthquake, fire, flood, wind, or other calamity or act of God or the
public enemy. Pursuant to CMC Sec. 21.58.050(E)(4), the dwelling could be reconstructed
to the same development standards (size, setbacks, height, etc.) to which it currently is
constructed.
If there should be any questions regarding this letter, I may be contacted at (408) 866-2193
or by email at danielfC ci , ofcampbell.com.
Sincerely,
Daniel Fama
Assistant Planner
cc Paul Kermoyan, Planning Manager