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Zoning Letter - 2014CITY OF CAMPBELL Community Development Department June 11, 2014 Joshua C. Taylor Manatt, Phelps & Phillips, LLP One Embarcadero Center, 30'h Floor San Francisco, CA 94171 Re: File No: PLN2014-153 Address: 10-50 E. Hamilton Ave. and 1660 S. Winchester Blvd., Campbell, CA APNs: 279-37-089 / 279-37-090 / 279-37-091 Application: Zoning Certification Letter Dear Mr. Taylor, This letter is in response to your request for a Zoning Certification Letter received by this department on June 3, 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 279-37-089 on the assessment maps of the Santa Clara County Assessor's Office and known as 1660 S. Winchester Blvd. is improved with a single-story commercial building, surface parking, and landscaping. The property identified as parcel 279-37-090 on the assessment maps of the Santa Clara County Assessor's Office and known as ]0 E. Hamilton Ave. is improved with asingle-story commercial building, surface parking, and landscaping. The property identified as parcel 279-37-091 on the assessment maps of the Santa Clara County Assessor's Office and known as 50 E. Hamilton Ave. is improved with atwo-story medical office building, surface parking, and landscaping. Zoning /General Plan Designations: All three properties referenced above are located in the C-2 (General Commercial) Zoning District and are designated General Commercial on the General Plan Land Use Map. The subject properties are within the boundaries of the Winchester Boulevard Master Plan. The Winchester Boulevard Master Plan document is available online at http://www.cityofcampbell.com/DocumentCenter/View/177. The properties are not located within any planned-development, special, restrictive, or overlay district other than the master plan area noted above. Zoning Certification Letter - 1U-50 E Hamilton Ave and 1660 S Winchester 131vd. Page 2 of 4 Surrounding Land Uses: The following Zoning and General Plan Land Use Districts surround the subject property: ^ North: C-2 (General Commercial) and P-O (Professional Office) /General Commercial and P~•ofessional O ffice ^ South: P-D (Planned Development) and R-1-6 (Single-Family Residential) /Central Commercial and Low Density Residential ^ East: P-O (Professional Office) and R-1-6 (Single-Family Residential) l Pro fessional Office and Low Density Residential ^ West: C-2 (General Commercial), P-D (Planned Development), and P-F (Public Facilities) / General Commercial, High Density Residential, and Institutional Land Use Entitlement(s): The commercial and office buildings located on the subject properties were constructed pursuant to a Site and Architectural Review Permit ("S" 92-02) granted by the Campbell City Council on May 19, 1992 (reference the enclosed City Council Resolution). This Site & Architectural Approval is the principal land use entitlement for the subject properties. Other existing land use entitlements for these properties including the following: ^ "UP" 92-09: Conditional Use Permit allowing the establishment of a medical or dental laboratory and urgent care clinic in conjunction with an approved office building at 50 E. Hamilton Ave. ^ "UP" 92-14: Conditional Use Permit allowing the establishment of an off-sale liquor store in conjunction with a previously approved drug store at 1660 S. Winchester Blvd. ^ "UP" 93-06(A): Conditional Use Permit allowing 24-hour business operation for Kinko's Copies at 10 E. Hamilton Ave. ^ "UP" 93-06(B): Conditional Use Permit allowing outside seating of 20 seats in conjunction with a proposed restaurant at 10 E. Hamilton Ave. ^ "M" 96-04: Modification to a previously approved Conditional Use Permit to allow an on- sale beer and wine license for a restaurant use at 10 E. Hamilton Ave. ^ "M" 97-03: Modification to a previously approved Conditional Use Permit to allow extended hours of operation for a restaurant use at 10 E. Hamilton Ave. ^ "M" 97-13: Modification to a previously approved Conditional Use Permit to allow 24- hour operation and the elimination of on-site sales of packaged alcoholic beverages for a drug store at 1660 S. Winchester Blvd. Copies of the Resolutions approving the above entitlements are attached. This list of entitlements does not include Sign Applications. If additional information on specific entitlements is required, please contact Planning Division staff for assistance. Zoning Compliance/Non-Conformity: Retail stores, personal services, standard restaurants, and non-medical professional offices are permitted uses in the C-2 (General Commercial) Zoning District. Medical offices require approval of a Conditional Use Permit. A copy of the regulations for the C-2 Zoning District is attached for your reference. The existing commercial and office center was developed under an approved Site and Architectural Review Permit and approved Conditional Use Permits as noted above. The uses described in these approved permits are considered to be legal conforming uses. 70 North First SCreet • Campbell, CA 95008-1423 • rep (408) 866-2140 • rnx (408) 866-~ 140 • E-MAtL planningrc cityofcampbell.com Zoning Certification Letter ~ 1U-50 E Hamilton Ave and 1660 S. Winchester Blvd. Page 3 of 4 There are no known legal non-conforming issues on these properties. Note that inspections are not performed in conjunction with Zoning Certification Letter requests, and therefore staff cannot confirm that all existing development and uses on the properties are legal or conforming. Replacement/Reconstruction: In the case of unintentional damage or destruction of the structures or site improvements, replacement or reconstruction of any legal conforming improvements would be permitted provided the necessary land use entitlements remain valid. Land use entitlements which were previously approved and exercised, including those listed above, will be considered valid for up to one year after unintentional destruction of the improvements authorized by the permit(s). Replacement or reconstruction occurring after one year has elapsed may require the property owner to seek approval of new land use entitlements. If any aspect of the development is determined to be legal non-conforming (none have been identified at this time), replacement or reconstruction would be governed by the requirements set forth in Campbell Municipal Code Chapter 21.58. Environmental Determinations: ANegative Declaration was prepared for Site & Architectural Review Permit "S" 92-02. The document indicates several mitigation measures were identified and incorporated as conditions of approval for the project (reference the attached environmental documents). Code Violations: As of the date of this letter, there are no unresolved code violations pertaining to the subject properties. Site Plan: The Campbell Community Development Department maintains a Laserfiche copy of the site plan approved under Site & Architectural Review Permit "S" 92-02. Due to equipment limitations, afull-sized copy of the site plan cannot be provided. Enclosed is a reduced-size print-out of the signed and stamped site plan. Zoning Ordinances: 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 page at http://www.cityofcampbell.com/166/Zoning-and-Land-Use. If you have any questions regarding this letter, please contact me at (408) 866-2144 or by email at MariyaH~~cityofcampbell.com. Sincerely, Mariya Hodge Project Planner cc: Aki Honda Snelling, Planning Manager Encl: Campbell Municipal Code Section 2110.050, C-2 zoning district City Council Resolution No. 8304 pertaining to application S 92-02 70 North Pirst Street • Campbell, CA 95008-1423 • Tee (408) 866-2140 • Fnx (408) 866-5140 • r-M,at~ planning%cityofcampbell.com "Coning Certification Letter -- 10-50 E Hamilton Ave and 1660 S. Winchester Blvd. Page 4 of 4 Approved Site Plan for application S 92-02 Negative Declaration for application S 92-02 Planning Commission Resolution No. 2806 pertaining to application UP 92-09 Planning Commission Resolution No. 2825 pertaining to application UP 92-14 Planning Commission Resolution No. 2856 pertaining to application UP 93-06(A) Planning Cummission Resolution No. 2857 pertaining to application UP 93-06(B) Planning Commission Resolution No. 3027 pertaining to application M 96-04 Planning Commission Resolution No. 3080 pertaining to application M 97-06 Plarming Commission Resolution No. 3113 pertaining to application M 97-13 Receipt/Invoice for PLN014-153, Zoning Certification Letter 70 North First Street • Campbell, CA 95008-142; • TES (408) 866-2140 • F.ax (408) 866-5140 • F-nanii/ planning(c~cityofcampbelLcom