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Zoning Verification - 2010Communirv Developmenr Department March 1, 2010 Ron Cole Lyon Management Group, Inc. 4901 Birch St. Newport Beach, CA 92660 Re: File No: PLN2010-24 Address: 275 Union Ave -The Commons Apartments Application: Zoning Certification Letter Dear Mr. Cole, This letter is in response to your request for a zoning certification letter received by this department on February 19, 2010. Please be advised of the following: Ownership: Our records indicate that the property is presently owned by Lyon The Commons Apartments, LLC. Zoning /General Plan Desi nag_ bons: The property is zoned R-3 (Multiple Family Residential) and the current General Plan designation is High Density Residential (21-27 units/gross acre). Surrounding Uses: The property is currently surrounded by the following Zoning Districts and land uses: ^ North: P-D (Planned Development) High Density Residential ^ South: P-D & R-3 (Planned Development &Multi-Family Residential) High Density Residential ^ East: C-P-D (Condominium Planned Development) High Density Residential ^ West: Highway 17 Densit :The underlying General Plan designation of High Density Residential (21-27 units per gross acre) consists generally of apartments and condominiums, and similar types of residential uses. There are 264 residential apartment units developed at a density of approximately 28.1 units per gross acre and therefore the current residential development does not conform to the General Plan density provisions. Any voluntary redevelopment (new construction) of the site will be required to conform to the underlying General Plan. Zoning Verification Letter ~ 275 Union Avenue Page 2 of 2 Legal Nonconfornzin~: Our records indicate that the property was lawfully approved in 1972, and is therefore, considered a legal `'nonconforming" use due to the developed density of the project. However, pursuant to the Campbell Municipal Code, Section 21.58.050(E)(4), the same development standards that applied during the original construction would be allowed for purpose of reconstruction or replacement of the building resulting from damage or destruction caused by earthquake, fire, flood, wind, or other calamity or act of God or the public enemy. Parkin In conjunction with the Site Approval obtained from the City in 1972, the approving body also approved a parking reduction for the project allowing a parking requirement of 382 parking spaces. Of the required 382 spaces, 264 where required to be covered. The current Parking Ordinance for multi-family dwellings require 1'/~ spaces for each studio or one bedroom unit, 2 spaces for each two or more bedroom units, in addition to 1 designated guest parking space for each five units. The previously approved development appears to consist of 216 studio and one bedroom units and 48 two bedroom units generating a parking demand, using current standards, of 482 parking spaces, 309 of which must be covered. The current development, as long as the originally required parking is available on site and no further intensification regarding the size or number of units has occurred, is considered legal nonconforming in relation to the City of Campbell Parking and Loading Ordinance. Code Violations: As of this date, there are no active complaints regarding violation of the zoning laws, rules, and regulations. Questions regarding building code compliance should be directed to the City of Campbell Building Division at (408) 866-2130. Site Approval: The subject property was developed with site plan approval. The project S72-35 was approved by the City of Campbell Planning Commission on August 7, 1972. The project plans were prepared by Bishop & Goes Associates, 350 Sharon Park Drive, Suite G-22, Menlo Park, California 94025 with a phone number of (415) 854-0626. The City of Campbell maintains a microfiche copy of the site plan. You would be required to obtain the architects permission and pay to have the site plan copied from microfiche in order to obtain a copy. The site plan is available for viewing at the City of Campbell Planning Department during normal business hours. Please do not hesitate to contact the Community Development Department at (408) 866-2140, if you should have any questions regarding this information or determination. Sincerely, Daniel Fama Assistant Planner cc: Paul Kermoyan, Planning Manager