Zoning Letter - 2001 CITY o~: CAMPBELL
Community Development Department - Current Planning
March 20, 2001
Sally Moon
Loan Analyst
Berkshire Mortgage Finance
1990 N. California Blvd, Suite 710
Walnut Creek, California, 94596
Re:
350 Budd Avenue, La Valencia Apartments
Zoning Information Letter
Dear Ms. Moon,
The above-referenced project was approved by the Planning Commission on July 17, 1972.
The project is located in an R-3-S zoning district. The existing 234 unit complex at
approximately 23.8 units per gross acre, is consistent with the General Plan land use
designation of high density residential, which allows 21-27 units per gross acre.
The project does not conform to the current parking requirement in that two (2) parking
spaces are now required for each two bedroom unit and one designated guest space is
required for each five units or fraction thereof. At the time the project was approved, 1.5
spaces per unit were required, regardless of the number of bedrooms. This change in parking
requirements makes the apartment complex non-conforming in regards to parking; however,
the Parking Ordinance Section 21.50.020 (F) stipulates that "No use which was in existence
at the time of adoption of this section and was in conformance with the provisions of this
code at that time shall become "nonconforming" solely because the parking spaces provided
do not meet the requirements of this section. However, if the use is enlarged or changed,
parking spaces shall be provided as required in this chapter."
Under the City's Municipal Code Section 21.64.040: Additions--Enlargements--Moving, "A
building or structure lacking sufficient automobile parking space in connection therewith may
be altered or enlarged provided the required additional automobile parking space is supplied."
However, please note that the Planning Commission has the authority to adjust the parking
requirements for a specific use at a specific location to require either a greater or lesser
number of parking spaces when it determines that circumstances are such as to warrant an
adjustment.
With regards to CEQA, no Negative Declaration or Environmental Impact Report were
required when this project was approved. This project was covered by the provisions of
Assembly Bill 889, passed on December 5, 1972, which provided a 30-day statute of
limitations on court challenges to a projects approval.
70 North First Street . Campbell, California 95OO8-1436 . TEL 408.866.2140 · FAX 408.866.8381 · TDI) 408.866.2790
A variance was approved that allowed 25 feet of separation between buildings instead of the
required 34 feet for three buildings. This variance was approved under V. 72-8 on July 5,
1972.
If you should have any questions about this property, please contact me at (408) 866-2140.
Sincerely,
Darcy Smith
Planner I
Enclosures:
R-3 Zoning Ordinance
Parking Ordinance
Site and Architectural Review Permit Ordinance
Non-conforming Buildings Ordinance
MAR 02 ~01 03:08PM BERKSHZ~ MORTGAGE 92595~3833 P.1
BERKSHIRE
MOKTG^GE FiNANTE''
Lender of Chole--
February 10. 2001
City of C~npbell
Commu~i~ Development Depmmeat
A~n~on D~y
C~pbell, CA 9500S-1423
P~j~t Add~: ~ Badd Awau~, Cam~li
~um~r of Un~: 2~
~is le~ ~ucsts zoni~ iflfo~tion f~ the a~v~r~e~nc~ pm~
Specifically, we ne~ ~e following info~ion:
1. Copies of cu~t zoning ~in~s ~inin8 to ~ sublet p~ for ~ densiW md p~king
Plc~ include ~tions of ~e o~s ~ing nonmoflf~ing buildings.
2, C~ie$ of ~ing v~i~ces, bonus dmsi~ ~~, ~ ~er a~licablc ~ni~ inf~i~ for
&is pm~ (if ny).
3. Ple~e ~ovide, ~ ciW l~rheM, a "d~e restoration ~enL" ~dica~ng ~ ~c ~j~ may
be rebuilt m i~ ~nt s~ ~d ~siW. ~n ~n~l, if ~e ~ject is n~-~nfo~ing, w~t
mswicti~s a~l~) Plea~ ~e ~to ~count ~e impact of California Oove~t C~ Se~i~
65852.25 en~ in 1994 (~ ~ched).
4. Con~tiofl ~t ci~ (i) a "~pfive d~l~ion" und~ ~c California ~viro~M! Q~li~ Act
(C~A) w~ approved ~
co~l~ wi~ &c CEQ~ or (iii)
appmv~ by ~c m~ici~[iW wj~ ~s~t to ~is p~y.
Wi~ ~e pm~d ion cl~ing sch~ul~ ve~ ~o~ly, your ~iRcn ~s~e as s~n ~ ~ssiblc will bc
a~ia~. S~d you bye any quufions or ff th~ b a cha~e for t~ ~i~ phse mnMc~ ~e
i~htely. Ph~ fo~ your co~nd~
Berkshire Mortgage Finance
1990 N. California Blvd., Suim 710
Walnut Cre~k, California 94596
Sincerely,
{800) 828-6900
(925) 952-3833 (fax)
Enclosures
(0&r20/99)S:WILES'~La Valmcia 2001\1160 Zoning R~qu~t. doc
1990 N. Cali/orma Boulevard, Suite 710 . Walnut Creek, California 94596
Telephone: (925) 947-1260 . (800) 828-6900 · Fnx: (925) 952-3833 . www. berkshirernortgage_com
MI~ 0~ ~0~ O~O~PM BE~KS~~ MORTGI~E ~5~5~
Senate BillNo. 2112
CHAPTER '/43
An act to add Section 65852.25 to the Government Code, relating
land use.
[Approved by Oovernor t~tembet 21, 1994 Filed with
Secretary of State S~,mb~r 22, 1994.]
LEGISLATIVE COUNSEL'S DIGEST
SB 2112, Berg~son. Zoning: multifamily dv~lling: mcomtruction.
Under the existing Planning and Zoning Law, cities and counties
are authorized to enact ordinances to, among other things, regulate
thc usc of land and structures with rcspcct to residences, including
rnuttifemily dwellings.
This bill would provide that no local agency shall proh~it thc
reconstruction, restor~on, or rebuilding of a mul~ernily dwelling,
as del'mad, that is involuntarily damaged or destroyed, as specified,
except if',he building or structure is located in an industrial zone, as
specified. It would also provide that, notwithstanding this
prohibition, a local agcncy may prohibit reconstruction, rcstoretion,
or rebuilding under specified circurrmances. It would require thru
the dwelling be recomtructed, restored, or rebuilt in a mnnner that
conforms with the California Building S~andards Code, any more
restrictive local ordinances as that code or thosc ordinances were in
cffect et the time of the reconstruction, restoration, or rebuilding,
the State Historical Building Code, loc, si zoning ordinances,
architect~'al regulatiom md standards, as specified, and a building
permit, which the bill would rcquire to be obtained within 2 years
after the date of dmnage or ctestmction. The bill would also pc.ai~
a local agency to enact or cnforce an ordinance, regulation, or
resolution that grants grcetcr or more permissive rights regarding
the restoration, reconstruction, or rebuilding of n multifamily
dwcHing that is involuntarily damaged or destroycd, m spccificd.
The people of the Stat~ of Ca#fomia do enact as follows:
SECTION 1. Section 65852.25 is added to the Oov~nment Code,
to read:
65852.25. (a) No local a~ency shall enact or enforce any
ordinance, t~uhuion, or resolution that would prohibit the
reconstruction, restoration, or rebuilding of a multifamily dwallin~
that is involtmtarily damaged or d~stroycd by fire, oiler cat~trophic
event, or the public cucmy.
(b) Notwi~ subdivision (a). a local ag~cy may prohibit thc
reconstruction, restoration, or rebuilding of a multifamily
dwelling that is involuntarily damaged or destroyed by fire. other
93 110
H~ 0~ ~01 03:0c_~v~1 B£RKS~-1Fmr~ ~IC~TGAGE c22~;95E~3833
Ch. 7a3 -2-
catastrophic event, or th= public cnvmy, W th= lo~e/ aiency
determines that:
(I) Th~ reconstruction, restoration, or mbuildin§ will be
detrimen~ or injurious to the health, safely or g~neral wzlfere of
persons residing or working in thy nei/hborhood, or will be
d~qrim~tal or injurious to pro!~rVy and improvem~s in the
noighborhood.
(2) The e. xisming nonconforming use of ~he building or ~'uc~b'~
wOuld be more appropria~ly moved to a zone in which the use is
permim~d, or that there no longer exists a zone in which tho cxis~g
nonconforming usc is pertained.
(c) Thc dwclling may bc reconstructed, restored, or rebuilt up to
its predemag~cl siz~ end number of dwellin8 uni~ and im
nonconforming usc, if any, may Ix resumed.
(d) Any reconstruction, restoration, or rebuilding undcrt~on
pursuant to this section shall conform to all of the following:
(1) Thc Celifomie Duildin$ Sumdards Code as that code was in
effect at th~ timo of reconstruction, restoration or rebuilding.
(2) Any mo~ resffictive local building standards authorized
pursuant 1o Sections 13869.7, 17958.7, and 18941.:5 of thc Hoalth and
Safety Codo, as thos~ standards were in effect at thc timc of
rcconstmction, restoration, or rebuilding.
(3) Thy State Histories,! Building Code (Paix 2.7 (commencing
with Section 18950 of Division 13 of the Health and Safe~ Code) for
work on qualified historical buildinSs or structures.
(4) Local zoning ordinances, so Ion8 ~s thc prechunege size and
number of dwelling units arc maintained.
(5) Architectural regulations end standsnts, so IonS as the
predamage size and number of dwelling unit~ ere maintained.
(6) A tmildin8 perrait which shall be obtained within two years
after tho datc of thc damage or destruction.
(c) A locel agency malt cnect or enforce an ordinenco, regulation,
or resolution tl~t ~ants greate~ or mort pcrmbsivc rights to restore,
reconstruct, or rebuild · multi£emily dwelling.
(0 Notwi~standin8 sulxlivision (e), e local ep~ency may prohibit
the reconstruction, restoration, or rebuilding of a multifamily
dwelling that is involuntm-ily d.mmagcd or destroyed I~ fire, other
camlrophic evem, or by thc public enemy, if the building is loceted
in an Indus~al zone.
(g) For purposes of' this section, "multif~rnily dwelling" is defined
as any structure designed for hum~ habitation that is dividcd into
two or more indcpcndcnt livln8 quarters.
93 130