Zoning Letter - 2014CITY of CAMPBELL
Community Developrnent Department
August 8, 2014
The Planning & Zoning Resource Corporation
Attn: Rae Ross
1.00 NE 5~h Street
Oklahoma City, OK 73104
Re: File No: PLN2014-202
Address: 1240 Camden Avenue, Campbell, CA
APN: 414-01-029
Application: Zoning Certification Letter
Dear Rae,
This letter is in response to your request for a Zoning Certification Letter received by this
department on July 15, 2014. 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 414-01-029 on the assessment maps of the
Santa Clara County Assessor's Office is improved with a 50-unit motel in a two-story building.
Zoning /General Plan Designations: The property identified as parcel 414-01-029 is located in
the P-D (Planned Development) Zoning District and is designated General Commercial on the
General Plan Land Use Map. The property is not located within any other special, restrictive, or
overlay district. -
Surrounding Land Uses: The following Zoning and General Plan Land Use Districts surround
the subject property:
^ North: C-2 (General Commercial) /General Commercial
^ South: C-2 (General Commercial)/ General Commercial
^ East: R-1-8 (Single-Family Residential) /Low Density Residential <4.5 units/gross acre
^ West: P-D (Planned Development) /General Commercial
Land Use Entitlement: The 50-unit motel. located on the subject property was constructed
pursuant to a Site Approval ("S" 73-40) granted by the City of Campbell Planning Commission
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21.12.010 Purpose of chapter-Applicability.
This chapter provides regulations applicable to development and new land uses in the special
purpose zoning districts established by Section 21.04.020 (Zoning Districts Established). The
purposes of the individual special purpose zoning districts and the manner in which they are applied
are identified below.
(Ord. 2043 § 1(part), 2004).
21.12.030 P-D (Planned Development) zoning district.
A. Purpose. The P-D zoning district is intended to provide a degree of flexibility that is not
available in other zoning districts so as to allow developments that are more consistent with
site characteristics while creating an optimum quantity and use of open space and good design.
The zoning district allows within its boundaries a use or development, or a combination of uses
or types of uses or types of developments that is (are) determined to be in conformance with
the underlying land use designation of the General Plan. It is not the intent of the P-D zoning
district to allow more residential units than would normally be allowed by other residential zoning
districts which are deemed consistent with the General Plan.
B. General Plan. The P-D zoning district is consistent with the underlying land use designation of
the General Plan.
C• San Tomas area. San Tomas area neighborhood plan policies are incorporated herein by
reference. The San Tomas neighborhood area plan policies shall only apply to properties within
the boundaries of the San Tomas area. The map outlining the boundaries of the San Tomas
area is maintained at the community development department. In the case of conflict between
the San Tomas area neighborhood plan policies and requirements contained in this chapter, the
policies of the San Tomas area neighborhood plan shall prevail.
D~ Allowable uses in the P-D zoning district. Any use or development that is determined to be
consistent with the General Plan of the city may be approved in the planned development
zoning district, subject to the criteria established in subsection (G)(6) of this section.
Development plans shall be approved either through an administrative planned development
permit, in compliance with subsection (G)(1) of this section, or by City Council resolution or
ordinance, in compliance with subsection (G)(9) of this section. In order to aid the City Council
in adoption of a resolution or ordinance, the planning commission shall also hold a public
hearing and shall transmit its findings and recommendations by resolution to the City Council.
Establishment of a liquor establishments or a liquor store shall require approval of a conditional
use permit pursuant to the requirements of Chapter 21.46, (Conditional Use Permits).
E~ Design guidelines. In its review of development projects, the decision-making body shall take
into consideration any relevant design guidelines that have been adopted by the city.
F~ Prohibited uses in the P-D (Planned Development) zoning district. The following uses are
prohibited:
1 ~ Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah
lounges, etc.).
2~ Any use inconsistent with state or federal law.
G~ Establishing the P-D zoning district.
Unless initiated by the city, an application for a zone change to a P-D zoning district for a
specific parcel or area shall include a development plan.
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The city may initiate a zone change to a P-D zoning district for a specific parcel or area,
without providing a development plan, when the purpose of the zone change is
determined to serve the best interests of the city.
H. Permit required. Unless otherwise specified in this chapter, no use or structure shall be
constructed, created, enlarged, erected, established, installed, maintained, or placed within a
P-D zoning district unless and until a planned development permit or an administrative planned
development permit has been approved. An administrative planned development permit shall be
processed through the administrative decision process as prescribed in Chapter 21.71,
(Administrative Decision Process). An application for an administrative planned development
permit shall be filed with the community development department in compliance with Chapter
21.38, (Application Filing, Processing and Fees). The application shall be accompanied by a
detailed and a fully dimensioned site plan, floor plan and elevations and any other
data/materials identified in the community development department application for an
administrative planned development permit. All applications shall be accompanied by a filing fee
in compliance with the City Council's fee resolution. It is the responsibility of the applicant to
establish the findings required by this section. The decision by the community development
director may be appealed as prescribed in Chapter 21.62, (Appeals).
~ ~ Administrative planned development permit required. An administrative planned
development permit approved by the community development director shall be required
for the following:
a. The establishment of a new use in an existing building when no development plans
are required (excluding the establishment of a liquor establishment or liquor store
that requires the approval of a conditional use permit);
b. Anew single-family home or an addition to asingle-family home on an existing lot
with only one single-family residence on the lot;
c• Additions, remodels and facade improvements to commercial and industrial
buildings. In the case of an addition, the addition shall be less than ten percent of
the existing gross floor area or five thousand square feet, whichever is less.
d. New and existing late-night activities pursuant to Section 21.58.040(6)(3)
(Nonconforming uses).
Planned development permit required. A planned development permit reviewed by the
planning commission and approved by the City Council shall be required for all projects
that are not covered by the approval of an administrative planned development permit,
as provided above.
Modification of a planned development permit.
a. Minor modification. The community development director may approve a minor
modification to a previously approved planned development permit when the
change/modification does not add additional building square footage or
substantially alter the design or specifications approved by the site plan. The
community development director may request that a minor modification be
reviewed by the planning commission.
o~ Major modification. A modification to a planned development permit that proposes
to add additional square footage or substantially alter the design or specifications
approved by the site plan shall be reviewed by the planning commission and
approved by the City Council.
4. Application Filing and Contents.
a. Application for a planned development permit or modification to a planned
development permit shall be filed with the community development department. All
applications shall be accompanied by a filing fee in compliance with the City
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Council's fee resolution.
b- The community development director shall prescribe the form of the application
and data and information to be filed with the application.
c- A development plan shall be required to accompany the application.
d. If development is to be carried out in stages, each stage shall be shown on a
master plan of development.
e. The development plan shall:
(~) Indicate the site location and planning of all structures and open spaces to
show that the development will be compatible with the general plan and will
aid in the harmonious development of the immediate area;
(2) Include proposed structures with elevations which show appearance and
materials of exterior walls, fences or walls used for screening or
separation, design of ingress and egress, landscaping, and off-street
parking and loading facilities; and
(3) Include a development schedule indicating the latest date on which
construction of the project is to begin and the anticipated date of
completion.
1- The planning commission or City Council may also require other information that it
considers necessary to properly evaluate the project.
5- Consideration in Review of Applications. The community development director, the site
and architectural review committee, the planning commission, and the City Council shall
consider the following matters, in addition to others deemed necessary to determine if
the project meets the criteria of this section, in their review of the application:
a- Considerations relating to site circulation, traffic congestion, and traffic safety:
(~) The effect of the site development plan on traffic conditions on abutting
streets,
(2) The layout of the site with respect to locations and dimensions of vehicular
and pedestrian entrances, exit driveways, and walkways,
(3) The arrangement and adequacy of off-street parking facilities to prevent
traffic congestion,
(4) The location, arrangement, and dimensions of truck loading and unloading
facilities,
(5) The circulation patterns within the boundaries of the development, and
(6) The surfacing and lighting of the off-street parking facilities;
b. Considerations relating to landscaping:
(~) The location, height, and material offences, walls, hedges, and screen
plantings to ensure harmony with adjacent development or to conceal
storage areas, utility installations, and other unsightly aspects of the
development,
(2) The planting of groundcover or other surfacing to prevent dust and erosion,
and
(3) The preservation of existing healthy trees;
Considerations relating to structure and site lay-out:
(~) Consideration of the general silhouette and mass, including location on the
site, elevations, and relation to natural plant coverage, all in relationship to
the surrounding neighborhood,
(2) Consideration of exterior design in relation to adjoining structures in terms
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of area, bulk, height, openings, and breaks in the facade facing the street,
and
(3) Consideration of the appropriateness and compatibility of the proposed
uses in relation to the adjacent uses and the area as a whole.
6. Approval Criteria. The review authority shall approve the application if it finds that all of
the following criteria have been established:
a. The proposed development or uses clearly would result in a more desirable
environment and use of land than would be possible under any other zoning
district classification;
b. The proposed development would be compatible with the general plan and will aid
in the harmonious development of the immediate area;
The proposed development will not result in allowing more residential units than
would be allowed by other residential zoning districts which are consistent with the
general plan designation of the property; and
The proposed development would not be detrimental to the health, safety or
welfare of the neighborhood or of the city as a whole.
7~ Additional Approval Criteria for Late Night Activities. Prior to approving an administrative
planned development permit for any late-night activity, the reviewing authority shall first
find all the following conditions, in addition to those findings identified in subsection
(G)(6) of this section, are satisfied.
a. Not Create a Nuisance. The establishment will not create a nuisance due to litter,
noise, traffic, vandalism or other factors;
b. Not Disturb the Neighborhood. The establishment will not significantly disturb the
peace and enjoyment of the nearby residential neighborhood; and
c~ Proposed conditions of approval (if any), are sufficient to mitigate any detrimental
impacts specified that may be caused by the late-night establishment.
~~ Action by the Site and Architectural Review Committee. The site and architectural review
committee shall review all development plans (except those approved by the
administrative planned development permit in compliance with subsection (G)(1) of this
section) and shall make reports and recommendations on each application to the
planning commission.
9. Action by the Planning Commission.
a. The planning commission shall hold a public hearing on a planned development
permit application. The hearing shall be noticed in compliance with Chapter 21.64,
(Public Hearings).
b. Following close of the public hearing, the planning commission shall report its
findings and recommendations to the City Council by resolution.
c~ The planning commission may recommend approval of the proposed development
if it finds that all of the following criteria set forth in subsection (G)(6) of this
section have been satisfied (with regard to the elements identified in subsection
(G)(5) of this section).
d~ In recommending approval, the planning commission may also recommend
conditions of approval as it deems reasonable and necessary under the
circumstances to carry out the intent of this chapter and the general plan.
e. The planning commission may also recommend time limits within which the
conditions of approval shall be fulfilled and the proposed development started and
completed.
10. Action by the City Council.
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a. Upon the receipt of the report of the planning commission, the city clerk shall set
the matter for public hearing before the City Council. The hearing shall be noticed
incompliance with Chapter 21.64, (Public Hearings).
b. For projects that do not exceed the limitations specified in subsection (G)(9)(c) of
this section, the City Council shall render its decision by resolution after
conclusion of the public hearing.
c~ The City Council shall render its decision by ordinance after conclusion of the
public hearing for the following types of projects:
(1) The project is proposed for development on a site of more than two gross
acres in total area;
(2) The project consists of the construction of more than twenty thousand
square feet of gross floor area; or
(3) The project involves the construction of more than twenty residential units.
o~ The City Council shall render its decision after conclusion of the public hearing.
The City Council shall approve the proposed development if it finds that all of the
criteria set forth in subsection (G)(6) of this section have been satisfied with
regard to the elements identified in subsection (G)(5) of this section.
e. In approving the application, the City Council may require conditions as it deems
reasonable, necessary, and appropriate to secure the purposes of this Zoning
Code and the general plan, and may require guarantees and evidence that the
conditions are being or will be complied with.
f~ The City Council may impose time limits within which the conditions shall be
fulfilled and the proposed development started and completed.
11. Notification of decision. The secretary of the planning commission shall give written
notification of the decision of the community development director and/or the planning
commission, and the city clerk shall provide written notification of the City Council's
decision to the applicant. In the case of approval, the notification shall include all
conditions of approval.
12. Right of appeal. Any person aggrieved by the decision of the community development
director and/or planning commission may appeal within ten days of the date of decision
in compliance with Chapter 21.62, (Appeals).
13. Expiration, extension and reinstatement.
a. Unless otherwise approved, within twenty-four months from the date approval is
granted, a building permit shall be obtained or the approval shall be void.
b. The decision-making body may extend the expiration date or reinstate an expired
approval in conformance with Chapter 12.56, (Permit Implementation, Time Limits
and Extensions).
(Ord. 2109 § 1(part), 2008; Ord. 2108 § 1(part), 2008; Ord. 2093 § 1(part), 2007: Ord. 2070 § 1 (Exh. A)(part), 2006:
Ord. 2043 § 1(part), 2004).
(Ord. No. 2129, § 1, 6-1-2010)
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