Zoning Letter - 2011CITY of CAMPBELL
Community Development Department
August 11, 2011
Ray Chen
P.O. Box 700501
San Jose, CA 95170
Re: File No: PLN2011-196
Address: 46-48 Rincon Ave.
APN: 412-05-072
Application: Zoning Certification Letter
Dear Mr. Chen,
'This letter is in response to your August 3, 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 parce1412-05-072 on the assessment maps
of the Santa Clara County Assessor's Office, is a 7,200 square-foot parcel improved with a
one--story single-family residence located at the front of the property (46 E. Rincon Ave.) and
a detached two-story structure consisting of a converted garage /utility room (into living
area) and a second story apartment located at the rear of the property (48 E. Rincon Ave.).
Zoning /General Plan Desi~~ations: The subject property is located within the P-D (Planned
Development) Zoning District and designated Low-Medium Densitl~ Residential (Ei-13 units/gr.
acre) on General Plan Land 'Use Map.
Surrounding Land Uses: The following Zoning and Land Use Districts surround the subject
property:
^ North: P-D (Planned Development) /Low-Medium Densit>; Residential
^ South: R-1-6-H (Single-Family Residential -Historic Overlay) /Low Density Residential
^ East: P-D (Planned Development) /Low-Medium Density Residential
^ West: P-D (Planned Development) /Central Commercial
Toning Certification Letter ~ 46-48 Rincon Ave. Page 2 of 3
Land Use Entitlement(s): According to t11e provided Santa Clara County Residential Unit
Property Record, the structures on the subject property were constructed in approximately
1940. The development of this site predates incorporation of the City of Campbell in 1952 and
the requirement for building permits by Santa Clara County in 1947. As such, no land use
entitlements for this site have ever been issued.
Dwelling Legality: Without the benefit of land use entitlements, legality of existing dwelling
units must be determined on a case-by-case basis through review of supporting
documentation. The Planning Division reviewed interior and exterior photographs of the
structures, 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 following:
1. The front dwelling unit (46 E. Rincon Ave.), asingle-family residence, was established
with a recorded square-footage of 1,098 square feet. Records indicate that the dwelling
is configured with a kitchen, living area, two bedrooms, and one bathroom.
2. The rear detached structure (48 E. Rincon Ave.), a split-level apartment, was
established with a recorded square-footage of 704 square-feet. Records indicate a 352
square-foot upper level apartment configured with a living area, bedroom, kitchen,
and bathroom with a 352 square-foot lower level (storage/utility area) that along with
a 264 square-foot garage has been converted into a small (third) living unit.
Please note that any use of the lower level of the detached structure as separate living
quarters would be inconsistent with the original construction of this area as a garage and
storage/utility room. However, as this conversion could have taken place prior to 1947-
when apermit for conversion would not been required by the County -staff cannot assess
the conformity of this unit. Resultingly, consistent with your request, staff can only
determine the conformity of two dwelling units on this property. Additionally, this letter
makes no determination as to the permitting status of interior or exterior improvements such
as kitchen remodels or installation of new windows.
Zoning Compliance: The P-D (Planned Development) Zoning District does not specify
development standards such as setbacks, height, lot coverage, or floor-area-ratio.
Development standards are determined by approval of a development permit or by existing
conditions. Allowable land-uses in the Planned Development Zoning District are those that
are determined to be consistent with the underlying General Plan Land Use designation. The
property's Low-Medium Density Residential Land Use designation allows residential
development, such as apartments and single-family residences, up to a maximum density of
13 units per gross 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 conforming dwelling units, the
property is developed at approximately 10.3 units per gross acre. This residential density is
consistent with the Low-Medium Density Residential General Plan Land Use designation. The
property is therefore is conforming to the Zoning Code and General Plan.
70 North Firsl Street • Campbell, CA 95005-1423 • TEL (408) 866-2140 • enx (408) 866-5140 • E-MAIL planning~,cityofcar~npbelLcom
Lonin~ Certification Letter ~ 46-48 Rincon Ave. Page 3 of 3
If there should be any questions regarding this letter, I may be contacted at (408) 866-2193 or
by email at danielfwcityofcamPbell.com.
Sincerely,
Daniel Fama
Assistant Planner
cc: Paul Kermopan, Planning Manager