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Zoning Letter - 2003 CITY o~ CAMPBELL Community Development Department CAMPBELL June 5, 2003 Bridger Commercial Funding LLC 100 Shoreline Highway, Building B, Suite 100 Mill Valley, CA 94941 Re: Zoning Verification for 46-90 Union Place Ladies and Gentlemen: In response to your request of June 3, 2003 for a zoning verification letter, please be advised of the following: This letter is to advise you that the zoning of the above referenced property located at 46-90 Union Place is governed by the laws and regulations of the City of Campbell. This property is zoned P-D (Planned Development) and the current underlying General Plan designation is High Density Residential (21-27 units per gross acre). The City Council adopted Ordinance No. 1093 on June 27, 1977, approving a 12-unit townhouse development on the referenced property. Our records indicate that the property is in compliance with the City of Campbell's building and zoning laws, rules and regulations. Please do not hesitate to contact me at (408) 866-2140 if you should have any questions regarding this information or determination. Sincerely, Melinda Denis Planner I encl: Ordinance No. 1093 cc: Geoff Bradley, Senior Planner Romeo Castro, Pinn Bros. Construction Inc., 1475 Saratoga Avenue, Suite #250, San Jose, CA 95129 70 North First Street · Campbell, California 95OO8-1436 · 2'EL 408.866.2140 · [:AX 408.871 .5 140 · rr)~) 408.866.2790 ORDINANCE NO. ]L~9~j" BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING PLANS, ELEVATIONS, AND DEVELOPMENT SCHEDULE FOR THE PLANNED DEVELOPMENT ZONE ESTABLISHED BY ORDINANCE NO.lO920F THE CITY OF CAMPBELL. (App]ication of Bamburg, Marvin A. on behalf of 5imltar, Venture, II). The City Council of the City of Campbell does ordain as follows: SECTION ONE: That the Zoning Map of the City of Campbell is hereby changed and amended by adopting the attached '~Exhibit A" entitled "Plans and Elevations," "Exhibit B" entitled "Development Schedule," and "Exhibit C" entitled "Map of said Property," as per application of Marvin A. Bamburg, A.I.A., on behalf of Simitar, Venture II, for approval of pl,ans, elevations, and development schedule to allow construction of twelve townhouse units on property known as 60 Union Avenue in a Planned Development Zoning District. Copies of said exhibits are on file in the office of the Planning Department. Said approval subject to the following conditions: A. Structure to be redesigned so that all covered spaces are 9'x20' minimum. B. Property to be fenced and landscaped as indicated and as added in "red" on plans. C. Landscape plan indicating type of plant material, location of hose bibs or sprinkler system and type of fencing to be submitted for approval of the Planning Director at time of application for building permit. D. Landscaping shall be maintained in accordance with the approved landscape plan. E. Faithful performance bond in the amount of $5,000 to be posted to insure landscaping, fencing and striping of parking area within three (3) months of completion of construction, or applicant may file written agreement to complete landscaping, fencing and striping of parking area prior to final Building Department clearance. F. All mechanical equipment located on roofs shall be screened as approved by the Planning Director. G. All parking and driveway areas to be developed in compliance with Section 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. H. Underground utilities to be provided as required by Section 20.16.070 of the Campbell Municipal Code. I. Plans submitted to the Building Department for plan check shall indicate clearly the location of all connections for underground utilities, including, water, sewer, electric, telephone and television cables, etc. J. Sign application to be submitted in accordance with provisions of the sign ordinance for all signs. No sign to be installed until application is approved and permit issued by the Building Department. K. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage, and rubbish produced within the limits of the City of Campb~l~l shall be made with Green Valley Disposal Company. This requirement applies to all single family dwellings, multiple apartment units, to all commercial, business, industrial, manufacturing, and construction establishments. L. Trash container(s) of a size and quantity necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level. M. Applicant shall meet State requirements for the handicapped. PUBLIC WORKS DEPARTMENT N. Process and file a tract map. O. Pay storm drainage area fee of $2,016.00. P. Dedicate the land to widen Union Avenue to 30 feet from centerline. Q. Execute an agreement to improve Union Avenue and post the necessary bonds. R. Obtain excavation permit for any work in street right-of-way. The applicant is notified that he shall comply with all applicable Codes or Ordinances of the City of Campbell which pertain to this development and are not herein specified. PASSED AND ADOPTED this 27 day of following roll call vote: June ,1977, by the AYES: Councilmen: Ch~mberlin, Doetsch, H~mmer, Paul, Podgorsek NOES: Councilmen: None ABSENT: Councilmen: None / C i t~(~erk- APPROVED: RECLASSIFICATION STATEME~IT The public interest would be best served, in my opinion, by affording the people of Campbell with homes in which to own and reside. This, I believe, is one of the highest priorities we have facing us at this time. I believe the subject property is ideally located to meet this aim. Construction to start within one year after approval by City Council; construction to take one year. EXHIBIT "B" $UN-03-2003 10:57 Plnn Construction Inc. 1475 Saratoga Avenue, suite # 250 San Jose, CA 95129 phone (408) 252-9131 tax (408) 252-2632 408 252 2632 P.01/04 Date: ~ 2~t]3 FR03t, Subject: Company: Rota~o S. Cd,~, CId~'Fiaauei~I 1475 Saxatoga Ave., Suite 250 ' San Jose, CA 95129 · 408 252 9131 · Fax 408 252 2632 $UN-03-2003 10:57 Pinn Bros. 408 252 2632 P.02×04 SECTION FIVE ZONING LETTER (SAMPLE) Instructions to Borrower This letter or similar facsimile should be requested from the appropriate municipality or agency on their letterhead. Upon receipt, it will satisfy the requirement for proof of zoning compliance. Section 5 - Z~nlng Letter (Commercial) Rev: ~110102 $UN-03-2003 10:57 P~ln BFos . [Lenerhvad of Municipality] ZONING LETTER June 3, 2003 Bridget Commercial Funding LLC 100 Shoreline Highway, Building B, Suite 100 Mill Valley, CA 94941 408 252 2632 P.03/04 ac: Union Avenue Apartments 46-90 Union Place, Campbell, CA (the "Project") Gentlemen: In response to your request concerning the Project's compliance with applicable codes, regulations and ordinances, plcase be advised as follows: (i) The [Here Insert Applicable Governmental Authority] is responsible for (a) enforcement of building codes, zoning ordinances and similar codes or ordinances related to commercial development in [h~sert Applicable City, County, m' Municipality] and Co) responsible for thc issuance of certificates of occupancy in [Insert Applicable City, County, or Municipality]; (ii) Certificates of occupancy have been issued and are in effect for all [apartments and other units] at the Project and we are not aware of any circumstances which would render the certificates of occupancy invalid or cause them to be revoked; [(ii) certificates of occupancy arc not required for all or any portion of the Project because ;] (iii) The project more particularly described in Exhibit "A" attached hereto is zoned under the laws or ordinances of [Insert Applicable Govcn~mental Authority], which zoning is proper for the [Insert Brief Description of Project] and related amenities comprising the Project, and accordingly the Project is a conforming use. Attached hereto as Exhibit "B" are true copies of the applicable ordinances, resolutions or regulations relating to the zoning and use of the Project; (iv) As a condition to the issuance of the certificates ofoccupancy in [Insert Applicable City, County, or Municipality] an [apartment or cotm'nercial project] must comply with all applicable codes and ordinances including, but not limited to, building codes, any regulations pertaining to any entry sign board, fire department codes and regulations, applicable zoning laws, landscaping and parking requirements, obtaimng appropriate curb cut permits and provisions for applicable sanitary sewer, water, storm cb'ainage and other utilities. The issuance of the certificates of occupancy for the prOject is evidence that the conditions set forth have been satisfied at the Project; and (v) As of the date hereof the Project and the improvements thereon (a) are not in violation of the aforesaid building and zoning laws, rules and regulations, and (b) comply with all requirements with respect to on-site parking. We understand that any mortgage lender for the Project may rely on this certificate. Sincerely, [Name], [Title] Secllon 5 - Zoning Lenar (C~mmerclal) $13103 Rev: 6/10/02 $UN-03-2003 10:57 P~nn Bros. 408 252 2632 P.04×04 TOTRL P. 04