Correspondence from City Attny - 2011CITY of CAMPBELL
City Attorney's Office
PLEASE F2ESVONU TO:
333 Church St.
Suite A
November 22, 2011 Santa Cntz, CA 95060
'CEL 831.423.8383
EAX 831.438.0104
Peter Brewer
250 I Park Boulevard, 2nd Floor
Palo Alto, CA 94306-1573
Re: 1940 East Hamilton Avenue, Campbell, CA
Dear Mr. Brewer:
Thank you for your letter of November 8, 2011. I have had the opportunity to speak to the
Planning and Building Department staff, and it appears that the facts maybe somewhat different
than you have described. Based on the information that has been provided to me, my
understanding of the situation is as follows:
Historical Significance
The property in possession of your client, John Tripoli, located at 1940 East Hamilton Avenue, is
improved with a Queen Anne-style, Victoria era single-family residence constructed circa 1890.
This property is listed on the City's Historic Resource Inventory, as a potentially historic resource,
based on preparation of a preliminary historic resource data sheet (reference enclosure). Listing of
a potentially historic resource is within the authority of the Community Development Director
pursuant to Campbell Municipal Code (CMC) § 21.33.040. Mr. Tripoli, as well as other interested
parties, was informed of this fact by Planning Division staff.
Mr. Tripoli was further informed that any proposal that would redevelop the site (demolition of the
existing structure and construction of a new structure) or affect a material change to the structure,
is subject to review and approval of a Site and Architectural Review Permit pursuant to CMC §
21.42.20(A) and § 21.33.070. As a discretionary land use permit, the City would review the
proposal consistent with the requirements of the California Environmental Quality Act (CEQA).
As a potentially historic resource on a local historic register, such a review would include
preparation of an Initial Study to (1) asses the historical significance of the structure and (2)
determine if the project would result in substantial adverse change.
Planning staff indicated to Mr. Tripoli that if, through preparation of the Initial Study, the City
determined that the property constituted an historic resource, redevelopment of the site resulting in
an unmitigatable impact (e.g., demolition of the structure) would require preparation of an
Environmental Impact Report (EIR). However, Planning Division staff also indicated that this was
1940 E. Hamilton Ave.
not a forgone conclusion. An Initial Study may also conclude, based the preponderance of
evidence, that the structure does not constitute an historic resource.
Zoning Land Use Regulations
In a separate discussion with another party, Planning Division staff discussed the potential for
establishment of a "music school" on the subject property. This use would be considered a "small"
or "large" studio as defined by the Campbell Municipal Code (reference City Council Ord. No.
2149):
"Studios, small" means an establishment that offers instruction to twelve or fewer participants at any one time,
involving physical or artistic skills and techniques, including but not limited to dance, music, fitness training,
martial arts and fine arts.
"Studios, large" means an establishment that offers instruction to more than twelve participants any one time,
involving physical or artistic skills and techniques, including but not limited to dance, music, fitness training,
martial arts and fine arts.
Your client's property is located with a P-O (Professional Office) Zoning District. The P-O Zoning
District does not list a studio as a permitted or conditional use (CMC § 21.10.030). Pursuant to
CMC § 21.02.20.F, a land use not specifically identified as permitted shall generally not be
allowed (also see CMC § 21.70.040.C). As such, this issue has nothing to do with the potentially
historic significance of the property, but is an entirely separate matter.
Hopefully, this information clarifies the situation. Nevertheless, if you should have any questions,
please let me know.
Sincerely,
William R.Seligmann
City Attorney of Campbell
Encl: Historic Resource Data Sheet
cc: Kirk Heinrichs, Community Development Director
Paul Kermoyan, Planning Manager
Daniel Fama, Assistant Planner