Zoning Letter - 2013CITY of CAMPBELL
Community Development Department
May 28, 2013
Joseph A. Rogoff
Real Estate Law Croup
620 Newport Center Drive, Suite 1100
Newport Beach, CA 92660
Re: File No: PLN2013-136
Address: ;~10 Nido Dr., Campbell, CA
APNs: 30~>-39-003 / 305-39-004
Application: Zoning Certification Letter
Dear Mr. Rogoff,
This letter is in .response to your request for a Zoning Certification Letter received by this
department on May 17, 2013. 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 305-39-003 on the assessment maps of the
Santa Clara County Assessor's Office is improved with amulti-building apartment complex
composed of 121 apartment units. The property identified as parcel 305-39-004 on the
assessment maps of the Santa Clara County Assessor's Office is located within a public right-of-
way and is improved as a public street.
Zonin General Plan Designations: The property identified as parcel 305-39-003 is located in
the R-3 (Multiple--Family Residential) Zoning District and is designated High Density Residential
on the General Plan Land Use Map. The property is not located within any planned-
development, special, restrictive, or overlay district. The property identified as parcel 305-39-
004 does not havE~ an applicable Zoning or General Plan designation, as it is part of a dedicated
public right-of-way.
Surrounding Land Uses: The following Zoning and General Plan Land Use Districts surround
the subject property:
^ North: P-D (Planned Development) /Commercial/Prof. Office/Residential
^ South: R-1-Ei (Single-Family Residential) /Low Density Residential
^ East: P-D (Planned Development) /Commercial/Prof. Office/Residential
Zoning Certification Letter - 710 Nido Dr Page 2 of 3
^ West: R-2 (P~Iultiple-Family Residential) /Medium Density Residential
Land Use Entitlements : The apartment complex located on the subject property was
constructed pursuant to a Site Approval ("S" 71-23) granted by the City of Campbell Planning
Commission on April 19, 1971 (reference enclosed approval document). This Site Approval is
the principal lands use entitlement of this property. No variance, special exception, use permit,
or other type of zoning relief was required for this project.
Zoning Compliance/Non-Conformity: Multiple-family residential land-uses-such apartment
buildings-are a permitted use in the R-3 (Multiple-Family Residential) Zoning District, subject
to site and architectural approval. The High Density Residential General Plan Land Use
designation indentifies multiple-family residential development, up to a density up 27 units per
gross acre (titled property plus area to street centerline), as an allowable land use. The existing
apartment complex was developed at a density of approximately 29 units per gross acre. As a
result, the property is considered legal non-conforming with respect to density. The property is
subject to the Cit`~ s non-conforming provisions as identified in Chapter 21.58 of the Campbell
Municipal Code.
Records indicate i:he apartment complex was developed with a total of 187 parking spaces (127
covered and 60 uncovered) where a total of 181 spaces were required in 1971. Current parking
requirements for multi-family residential uses vary based on the number of bedrooms per unit
(see CMC Section 21.28.040); one-bedroom and studio units require 2 covered spaces and 0.5
uncovered spaces per unit, while units with two or more bedrooms require 2.5 covered spaces
and 0.5 uncovered spaces per unit. The City does not have data on the number of bedrooms in
this development. Depending on the number of one- and two-bedroom units, the minimum
number of parking spaces under current regulations would be between 303 and 363 spaces.
Although on-site parking does not meet current development standards, the site's parking is
considered to be r-onforming. 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 were
changed or enlarged, additional parking would be required as described in CMC Section
21.28.040(D).
The property appears to be non-conforming with respect to recreational area. Data provided on
the approved plzlrls indicate the development includes approximately 34,000 square feet of
recreational area where a total of 27,225 square feet was required in 1971. The current
recreational area requirement for multi-family residential uses is at least 300 square feet per
dwelling unit, resulting in a total requirement of 36,300 square feet required for this
development. As a result, the property is considered legal non-conforming with respect to
recreational area and is subject to the City's non-conforming provisions as identified in Chapter
21.58 of the Campbell Municipal Code.
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.
Zoning Certification Letter ~ 710 Nido Dr Page 3 of 3
Replacement/Reconstruction: Chapter 21.58 of the Campbell Municipal Code addresses
requirements for non-conforming uses and structures including replacement or reconstruction.
In the case of unintentional destruction 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 (including density) would
apply for the purpose of reconstruction or replacement.
Code Violations: As of the date of this letter, there is one active code violation (COD2007-207)
pertaining to the condition of stairways and fencing. A building permit was issued in 2011 for
repair and/or reconstruction of several apartment balconies; however, the required work was
not completed a11d the building permit has expired. As a result, the code enforcement case
remains open. Further questions on this matter may be directed to the Code Enforcement
Officer at (408) 866-2760.
Site Plan: The Campbell Community Development Department maintains a microfiche copy of
the site plan approved under Site Approval "S" 71-23. Due to copyright restrictions and
equipment limitations, a full copy of the site plan cannot be provided. Enclosed is a print-out of
the signed approval stamp from the site plan.
Zoning Ordinanr_es: 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 paf;e http://www.cityofcampbell.com/Planning/index.htm.
If you have any questions regarding this letter, please contact me at (408) 866-2144 or by email
at mariyahC~cityofcampbell.com.
Sincerely,
~,~~
Mariya Hodge
Planner
Encl: Site Approval. S71-23
Site Plan Approval Stamp
cc: Paul Kermoyan, Community Development Director