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Zoning Letter - 2013CITY of CAMPBELL Community Development Department August 21, 2013 Robert Nicoletti 226 Alice Avenue Campbell, CA 95008 Re: File No: PLN2013-177 Address: 207 E. Rincon Ave., Campbell, CA APN: 412-06-017 Application: Zoning Certification Letter Dear Mr. Nicoletti, This letter is in response to your request for a Zoning Certification Letter for the above referenced property relating to whether the existing duplex use on the site was lawfully established. The following is a summary of the records of the City of Campbell pertaining to the above referenced property. Site Conditions: The property identified as parcel 412-06-017 on the assessment maps of the Santa Clara County Assessor's Office is improved ~~ith a single residential structure which currently contains two dwelling units (duplex use). Zoning /General Plan Desi nag bons: The property identified as parcel 412-06-017 is located in the P-D (Planned Development) Zoning District and is designated Low-Medium Densiti~ Residential (6-13 unitslgross acre) on the General Plan Land Use Map. Historic Resource Desi nation:' The structure on the subject site is designated as an historic resource on the City of Campbell's Historic Resources Inventory. As such, the structure is subject to Chapter 21.33 of the Campbell Municipal Code (Historic Preservation). Surrounding Land Uses: The following Zoning and General Plan Land Use Districts surround the subject property: • North: P-D (Planned Development) /Low-Medium Density Residential (6-13 units/gross acre) ^ South: P-D (Planned Development) /Low-Medium Densitl/ Residential (6-13 units/gross acre) ^ East: P-D (Planned Development) /Low-Medium Density Residential (6-13 units/gross acre) ^ West: P-D (Planned Development) /Low-Mediuru Density Residential (6-13 units/gross acre) Zoning Certification LC«er - 207 E. Rincon Ave. Pale 2 of 3 Land Use Entitlements :Records indicate the structure on the subject site was constructed in 1916. The City of Campbell. was not incorporated until 1952 and the County of Santa Clara has indicated they did not require any permits for construction prior to 1948. As a result, there are no available land use entitlements relating to the original construction of the subject structure. Two permits have been issued by the City of Campbell for modifications to the structure; an electrical permit was issued in 1973 and a building permit for re-roofing was issued in 1978. The 1973 permit lists "duplex" in the space provided for the number of units on the site. According to the information submitted with the Zoning Certification request, both the title insurance company and the County of Santa Clara have indicated that the property has always had two separate addresses and has historically been used as a duplex. In addition, similar duplex developments are common throughout the surrounding neighborhood. Based on the available information. including a City permit recognizing the duplex use, the City of Campbell concludes that the existing duplex use was lawfully established. Zoning Compliance/Conformity: The Low-Medium Density Residential General Plan Land Use designation calls for residential development with a density of six to 13 units per gross acre (titled property plus area to street centerline), as an allowable land use. The site has a gross lot area of approximately 0.205 acres. With two dwelling units, the site is developed at a density of approximately 9.8 units per gross acre, which conforms to the density permitted under the current General Flan designation. The current parking requirement for a duplex use is two parking spaces for each unit, one of which shall be covered (see CMC Section 21.28.040). Uncovered parking may not be located in a required front or side setback along a public street. Records indicate the existing duplex has a one-car garage, as well as two driveways which provide uncovered parking within the setback areas. Although on-site parking does not meet current development standards, the site's parking is considered to be conforming. CMC Section 21.28.030(E) states that uses which were developed in conformance with standards at the time of construction shall not become non- conforming solely because the parking spaces provided do not meet later requirements. If the use is changed or enlarged, additional parking may be required as described in CMC Section 21.28.040(D). Due to the age of the project and the limits of available records, staff is not able to determine whether the property may be non-conforming with respect to any other development standards. Any modification to the site or use would require review and approval by the City as a result of the site's P-D zoning and historic resource designation. The full text of the Campbell Municipal Code is available online at http://www.cityofcampbell.com. Key Zoning Code excerpts are available on the Planning Division Web page http://www.cityofcampbell.com/Planning/index.htm. Replacement/Reconstruction: Chapter 21.58 of the Campbell Municipal Code addresses requirements for non-conforming uses and structures including replacement or reconstruction. If any aspect of the existing development is determined to be lawfully established but non- conforming to current development standards, the provisions in Chapter 21.58 would apply. In Zoning Certification Letter - 207 E. Rincon Ave. Pale 3 of 3 the case of unintentional destruction of anon-conforming structure caused by earthquake, fire, flood, wind, or other calamity or act of God or the public enemy, CMC Section 21.58.050(E)(4) indicates the same development standards which applied to the original construction would apply for the purpose of reconstruction or replacement. Code Violations: As of the date of this letter, there are no active code violations pertaining to this site. If you have any questions regarding this letter, please contact me at (408) 866-2144 or by email at mariyah@cityofcampbell.com. Sincerely, Mariya Hodge / Planner cc: Paul Kermoyan, Community Development Director Jerry Guay, Referral Realty (jerryC~jerryguay.com)