Zoning Letter - 2013CITY of CAMPBELL
Community Development Department
December 13, 2013
Eric Morley
Morley Bros., LLC
405 Alberto Way, Suite 3
Los Gatos, CA 95032
Re: File No: PLN2013-342
Address: 41, 43, and 65 W. Rincon Ave., Campbell, CA
APNs: 305-31-059 and 305-31-060
Subject: Additional Questions Regarding 12/10 Zoning Certification Letter
Dear Mr. Morley,
In response to the City of Campbell's December 10, 201.3, Zoning Certification Letter for the
above-referenced properties, you have asked for additional written clarification as to whether
specific proposed building modifications would be permitted.
City staff met today with Morley Bros. representatives and with Sister Mary Pat LeRoy of the
Sisters of the Holy Names of Jesus and Mary, U.S.-Ontario Province, who are considering
purchase of the above-referenced properties. It was stated during this meeting that the site will
be used for the Sisters' own assembly, gatherings, meetings, and offices, and that although they
may allow the general public to join them in these activities, their use of the site is expected to
be less intense than the existing public assembly use. It was stated during the meeting that the
following modifications to the buildings will be proposed:
• Repainting both buildings
• Replacing carpets in the interiors of both buildings
• Re-roofing both buildings
• Remodeling existing restrooms for ADA compliance
• Adding one to two new restrooms within the building at 65 W. Rincon Ave.
• Adding a small elevator in the interior of the building at 65 W. Rincon Ave. to allow second-
floor access for users who have disabilities or limited mobility
• The possible reconfiguration of the interior floor plan at 41-43 W. Rincon Ave. (no expansion
of the building) to eliminate the existing office use and return the building to a duplex
where two or more Sisters would reside.
As noted in the City's December 10, 2013, Zoning Certification Letter, the public assembly use
and other associated uses on these properties are considered to be legal non-conforming uses.
Based on your description of the proposed work and review of the Campbell Municipal Code,
Additional Ouestions re: Zoning Certification Letter - 41 43 and 65 W Rincon Ave Page 2 of 2
the Community Development Director has determined that the specific building modifications
listed above would not affect the legal non-conforming status of uses on the site.
Interior repainting, exterior repainting with the same color, replacing carpets, re-roofing with
the same material, and other maintenance and repair efforts would not affect the legal non-
conforming status of the uses and would not require a Planning permit; Building permits may
be required for some work. Exterior improvements which change the appearance of the
building, such as repainting with a different color or re-roofing with a different material, would
require Planning review but would not affect the legal non-conforming status of the uses.
Remodeling existing restrooms for ADA compliance, adding new restrooms within the existing
floor area, and adding a small elevator within the existing floor area are minor modifications
which would not: expand or intensify the existing uses and therefore would not affect the legal
non-conforming status of those uses. Planning permits would not be required for these interior
improvements, but Building permits would be required.
Converting the building at 41-43 W. Rincon Ave. from its current use (a caretaker's unit and
office space) into two caretaker's units would return the building to its original duplex use,
which is a permitted use in the R-2 Zoning District. This would not affect the legal non-
conforming status of the other uses on the site. A Building permit with Zoning Clearance by
Planning would be required for this work, but no separate Planning permit submittal would be
needed. However, note that there may be other City requirements triggered by the addition of a
new living unit, including but not limited to impact fees and providing parking to meet current
Campbell Municipal Code requirements. It may be easier to maintain the building as a single
living unit and convert the office area to additional bedrooms to avoid triggering requirements
associated with an additional living unit. City staff would be happy to provide additional
assistance as plans are developed to determine how to best accomplish the Sisters' goals for this
building.
As discussed in today's meeting and as noted in our previous letter, use of the buildings and
properties shall be limited to the uses described in the approved Use Permit.
If you have any questions regarding this letter, please feel free to contact me at (408) 866-2144 or
by email at MariyaH@cityofcampbell.com.
Sincerely, 1
Mariya Hodge
Project Planner
cc: Aki Honda Snelling, Planning Manager