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Zoning-Legal Non-conf. - 2000 CITY OF CAMPBELL Community Development Department November 8, 2000 Linda Rogers Century 21 Alpha 2160 S. Bascom Avenue Campbell, CA 95008 Subject: Legal Non-conforming Status of 264 Everett Avenue Dear Ms. Rogers, This letter is in response to your letter dated November 6, 2000 regarding the legality of an existing secondary living unit (cottage) located on the rear portion of the parcel at 264 Everett Avenue. This parcel currently has a General Plan Land Use Designation of Low- Medium Density Residential (6-13 Units per Gross Acre) and a Zoning Designation of Planned Development. This parcel was located in Santa Clara County until the City of Campbell incorporated in 1952. The City does not have any records for construction of the residential units on the property. According to a letter dated August 6, 1991 on file in the Building Division from Thomas Shin, the County of Santa Clara Building Official, "the residence and the cottage located at the subject property were constructed prior to 1947. They were constructed as legal non-conforming use at the time they were in the County jurisdiction." Under Section 21.64.030 of the Campbell Municipal Code, "a nonconforming building or structure may be maintained, repaired and minor alterations made, provided that no structural alterations shall be made except those required by law or ordinance." Section 21.64.040 states that "a nonconforming building or structure shall not be added to or enlarged in any manner unless such building or structure, including such additions and enlargements, is made to conform to all regulations of the district in which it is located." Section 21.64.050 states that "A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy to the extent that the cost of restoration does not exceed seventy-five percent of the cost of construction of a comparable new building (as determined by the building official) may be restored or reconstructed provided that such restoration is started within a period of one year and restoration completed one year thereafter. In the event such damage or destruction exceeds seventy-five percent of the cost of construction of a comparable new building (as determined by the building official) no repairs or reconstruction shall be made 70 North First Street - Campbell, California 95008. 1423 . TEL 408.866.2140 · FaX 408.866.8381 · TDD 408.866.2790 November 8, 2000 Linda Rogers - Century 21 Alpha Legal Non-conforming Status of 264 Everett Avenue unless every portion of such building or structure is made to conform to all regulations in th~ district in which it is located." Should you have any questions, please do not hesitate to contact me at 408-866-2193. Sincerely, Darcy Smith Planner I Linda Rogers 2160 SouthBa~om Campbell, CA 95008 408-369-2000 FAX408-377-9943 November 6, 2000 City of Campbell Community Development Department 70 North First Street Campbell, Ca. 95008-1423 Attention: Darcy Smith Re: 264 Everett Avenue, Campbell Dear Darcy, I have been in contact with you regarding the above referenced property. There is a main house and a one bedroom cottage in the rear. You gave me instructions to go to the County permit office and research permits on the property. There were none. That being the case, you have indicated that you can issue me a letter stating the property is "legal non-conforming". I would like to give that letter to the new owners. Thank you for your attention to this matter. Linda Rogers Century 21 Alpha Each Office is Independently Owned and Operate& Equal Housing Opportunity. © 1996 CENTURY 21 Alpha. All rights Reserved. Nothing herein may be reproduced in whole or in part without written permission from CENTURY 21 Alpha.