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Zoning Letter - 2007December 14, 2007 Community Development Department Patrick Dwire Asset Manager Housing Authority of the County of Santa Clara 505 West Julian Street San Jose, CA 95110 Re: Zoning Information for 'Rincon Gardens' located at 400 West Rincon Avenue, Campbell, CA 95008 Dear Mr. Dwire, In response to the Housing Authority's request for verification of zoning and local approvals regarding the above referenced property, Planning Division staff has prepared this Zoning Verification Letter. The following answers the questions noted in the provided 'Verification of Zoning and Local Approvals' form (enclosed and signed). 1. The above referenced project, when built, complied with all applicable Jocalland use and zoning ordinances. Zoning regulations to which the above referenced property is subject have since been modified. The project currently exceeds allowable residential density limits. Consequently, the project is considered a nonconforming structure, subject to the restrictions specified in Campbell Municipal Code 9 21.58 - Nonconforming Uses and Structures (enclosed for your reference). 2. The above referenced property is currently zoned P-D (Planned-Development). The Planned Development Zoning District regulations do not specifically list allowable uses. Instead, allowable uses are determined by referencing the zoning district which corresponds with the General Plan designation. The subject property has a General Plan designation of Medium-Density Residential, therefore allowable uses are those set forth in the R-2 (Multiple-Family) Zoning District. This Zoning District provides for a variety of dwelling types, all of which allow for age-restricted Senior Housing residential units. Residential density is determined by General Plan designation. As specified, the above referenced property has a Medium-Density Residential General Plan designation. This General Plan designation stipulates a residential density of no more than 20 units a gross acre. The project density of 46.19 units/acre exceeds this limit. 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . roD 408.866.2790 Zoning Verification Letter ~ 400 W. Rincon Avenue Page 2 of3 Campbell parking requirements, pursuant to Campbell Municipal Code 9 21.28 - Parking and Loading specify a parking ratio for age-restricted Senior Housing of one space per 3 dwelling units, or .33 spaces per unit. The project currently provides 0.37 parking spaces per unit, satisfying the current requirement. Conversion to non-age restricted occupancy (including low-income affordable units) would require conformance to current parking requirements. 3. The above referenced building is existing and no improvement plans nave been submitted to date. Any proposed interior building improvements shall. require a Building Permit and a ministerial Zoning Clearance (verifying conformance to all applicable zoning regulations). Alterations to the building exterior (e.g., new windows, exterior paint, wall materials, etc.) shall require a discretionary Administrative (staff-level) Planned Development Permit (requiring a $714 review fee) pursuant to Campbell Municipal Code ~ 21.12.030 - P-D (Planned Development) Zoning District (enclosed for your reference). An Administrative Planned Development Permit application is enclosed for your reference. 4. The building is existing and no improvement plans have been submitted to date. If an Administrative Planned Development Permit is sought, as specified above, the permit application is heard by the Community Development Director. 5. Planning Division staff is not aware of any State land-use approvals that may be necessary for any future building improvements to this project. Restrictions on Nonconforming Structures Campbell Municipal Code ~ 21.58 - Nonconforming Uses and Structures, to which the above referenced property is subject to, specifies the following restrictions for nonconforming structures: . A nonconforming structure may be maintained, repaired, and minor alterations made; provided, no structural alterations shall be made except those required by law or ordinance. . A nonconforming structure shall not be added to or enlarged in any manner, unless damaged or partially destroyed by a natural calamity or the public enemy. A substantial rehabilitation of the "Rincon Gardens" project is allowable under applicable regulations provided that the project is not structurally altered (except those required by law or ordinance), expanded, intensified (i.e. increasing the number of residential units), or otherwise enlarged. Zoning Verification Letter ~ 400 W. Rincon Avenue Page 3 of3 Please do not hesitate to contact me at (408) 866-2140 or iackieL@citvofcamobell.com, if you should have any questions regarding this information. end: California Debt Limit Allocation Committee Attachment "N": Verification of Zoning and Local Approvals, signed December 14,2007. Campbell Municipal Code ~ 21.58 - Nonconforming Uses and Structures Campbell Municipal Code ~ 21.12.030 - P-D (Planned Development) Zoning District Administrative Planned Development Permit Application CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE ATTACHMENTN VERIFICATION OF ZONING AND LOCAL APPROVALS PROJECT NAME: Rincon Gardens PROJECT ADDRESS: 400 West Rincon Avenue, Campbell, CA ASSESSOR PARCEL NUMBER (S): 305-29-008 PLANNING FILE NUMBER: PROJECT CITY: City of Campbell PROPOSED NUMBER OF UNITS: (Existing) 200 units HOUSING TYPE: (Existing) Three-story, multi-family rental apartment complex Currently rented to seniors (62+) only.. Ian The entire parcel upon which the above-described project will be located is zoned , which allows for a Qualified ;idential ~~;\ (m~r;nil~e;~) M+iM1t of)f grme;li \Wn ' ~ ~ts ~~ . 1. ~ the project currently comply with al~PPlicable local land use and zoning ordinances (If no, please explain)? '!a a-Ha~. 2. Please describe the current zoning and maximum per unit density allowed for the site. ~ A+la~. 3. Has the project sponsor (developer) obtained al1local approvals (other than a building permit) necessary to begin construction (If no, please explain)? ~~~. 4. Are there any outstanding approvals required by the Planning Commission; City Council, Board of Supervisors or other discretionary voting body for land use entitlements (If yes, please explail1)? 9C& A~ene),. 5. are you aware of any state land use related approvals which may be required (If yes, please explain)? ece A~e.h:J.. DATED: 1'-/1-+ J f)1:- n tis ~~ &1ir~ PJ~ ..~1.Zti ~AX: ~ E-MAIL:)a~.Gt.-a d\y pf "'tlM'~I. '. .., . ~p,,) . STATEMENT COMPLETED BY: (. QRRP Revised June 2006