Mod to PD - Merrill Gardens - 2011May 9, 2011 CITY of CAMPBELL
City Clerk's Office
Merrill Gardens at Campbell LLC
c/o SRM Development, LLC
246 Second Street, #905
San Francisco, CA 94105
Attn: Ryan Leong
Dear Mr. Leong:
At its regular meeting of May 3, 2011, the Campbell City Council gave second reading
to Ordinance 2148 approving a Modification to a previously approved Planned
Development Permit to construct amixed-use development consisting of 126 senior
rental apartment units, a 21-unit dementia unit an 17,936 square feet of commercial
space located at 2041 through 2127 Winchester Boulevard in a PD (Planned
Development) Zoning District. After due consideration, the City Council gave second
reading to Ordinance 2148 approving a modification to the previously approved
Planned Development Permit that includes reducing the number of stories of Building A
from three to one; reconfiguring and reducing the size of the underground parking;
modifying the number of rental apartments to 126 senior living units; and increasing the
retail space from 16,950 square feet to 17,936 square feet, subject to Conditions of
Approval. A certified copy of Ordinance 2148 is enclosed for your record.
Please be advised the time within which judicial review of this action must be sought is
governed by Section 1094.6 of the California Code of Civil Procedure, unless another
statute (such as California Government Code Section 65009 or some other applicable
provision of law) sets forth a more specific time period.
Please do not hesitate to contact this office (866-2117) or Steve Prossser, Associate
Planner, Community Development Department (866-2140), should you have any
questions regarding the City Council's action.
Si ely,
Anne Bybee
City Clerk
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CITY of CAMPBELL
Community Development Department
August 16, 2011
PNC Bank, National Association
Attn: Nlr. Tyler Lowry, Assistant Vice President
One PNC Plaza
249 Fifth Avenue
P1-POPP-19-2
Pittsburgh, PA 15222
Re: PROPERTY ADDRESS - 2041 Winchester Boulevard, Campbell, CA 95008
Tax Parcel No. 305-31-082 (collectively, the Property")
In connection with the above Property, we have attached to this letter the following
materials:
1. The City of Campbell Zoning Ordinance; and
2. Approvals described in paragraph 4 below
In response to your request concerning the compliance with applicable codes, regulations,
and ordinances by the Property and that certain one to three story 126 unit independent
living senior retirement residence commonly referred to as Merrill Gardens at Campbell
(the "Project°), please advised of the following information as of this date:
1. The Community Development Department is responsible for enforcement of
construction, building, fire and life safety codes; processing and issuance of
occupancy and building permits; and enforcement of Zoning Ordinance requirements
and other applicable land use regulations with the City of Campbell, California.
2. The Property is zoned P-D (Planned Developme~~t), as defined and described under
Section 21.12.030 of the Zoning Ordinance. Land uses allowed witf'iin the P-C
(Planned Development) Zone, subject to a Planned Development Permit, include
those found consistent with the General Pian of the City. The General Plan land use
designation for the property is Central Business District.
3. The Project consists of 126 senior rental apartment units, a 21-unit dementia unit
(convalescent facility), and 17,936 square feet of commercial space located at 2041
through 2127 Winchester Boulevard.
70 North First Street • Campbell, California 9 5008-1 42 3 • ~rF.L 408.866.2140 rax 408.871.5140 • ~fD~~ 408.866.2790
'Coning Compliance Letter
Merrill Gardens Campbell
Page 2
4. The Project has obtained the following development approvals, copies of which are
attached (collectively, the "Approvals"):
a. Resolution #10840 approving a Mitigated Negative Declaration
b. Resolution #10841 approving a Conditional Use Permit
c. Resolution #10842 approving a Tree Removal Permit
d. Resolution #10843 approving a Master Sign Program
e. Ordinance #2148 approving a Modification to a previously approved Planned
Development Permit
f. Building Permit BLD2009-00718 approved but under new plan check to address
project modification approved in 2011 by Ordinance #2148 (No copy attached
pending completion of plan check, owner, and contractor signatures prior to
issuance)
5. All of the Approvals are in full force and effect, and there are no pending or threatened
applications, appeals, litigation, or other proceedings that would adversely affect the
Approvals or the Project's rights in the Approvals.
6. Other than the Approvals and the required plan check for the approved project
modification, the Project does not need to obtain any other permits or approvals from
any governmental authority or agency to proceed with its development of the Property.
7. Based on the materials available from our records, the contemplated use of the
Property for the construction of the Project as set forth in the Approvals is not in
violation of the Zoning Ordinance and the Project is an approved and entitled use under
the Zoning Ordinance with a valid Planned Development Permit, Conditional Use
Permit, and other minor land use entitlements described in #4 above. We are not aware
of any other permit or license required by this jurisdiction that a purchaser must obtain
before it may acquire the Property.
8. No application for rezoning of the Property, or for a special or conditional use permit or
variance in connection with the Property or the Project, is now pending. No proceeding
to challenge the zoning or other governmental approval or use of the Property or the
Project is pending, or, to the best of our knowledge, overtly threatened.
Zoning Compliance Letter
Merrill Gardens Campbell
Page 3
9. All processing, permit, and development fees required to have been paid in connection
with the development of the Property and the Project, including any impact-related fees,
have been paid, except for the following:
a. $12,500.00 Building Plan Check fee associated with project modification approved
in 2011 by Ordinance #2148
b. $171,518.00 Park Impact Fee due prior to building occupancy. This fee constitutes
the remaining 25% of total park fees associated with the project and is not due
until Planning final inspection.
If you have any additional questions or concerns regarding this matter, please feel free to
contact our offices at (408) 866-2142.
Sincerely,
°/'~,~~~
Steve Prosser
Associate Planner