Zoning Letter - 2010Community Development Department
April 26, 2010
Charles J. Kastigar
West Valley Construction
P.O. Box 5639
San Jose, CA 95150
Re: File No: PLN2010-73
APN: 412-31-024
Address: 563 Campbell Technology Parkway
Application: Zoning Verification Letter
Dear Mr. Kastigar,
This letter is in response to your request of April 14, 2010 for a zoning verification letter
regarding an existing construction office and storage yard located at the above referenced
property. We have researched our files and present the following information:
1. Previous Address: This property was formally known as 559 McGlincey Lane prior to the
creation of Campbell Technology Parkway.
2. Zoning Desi>;nation: The subject property is zoned M-1 (Light Industrial) on the current
City Zoning Map, last revised as of March 2009. Previous City Zoning Maps, as well as
the County Assessor Record, incorrectly identified this property as zoned PF/OS (Public
Facilities Open Space).
3. Structure Legality: According to the County Assessor Record, the existing former single-
family residential structure, which occupies the site, was constructed in 1948. This date
predates the incorporation of the City. As a result the City does not have building permit
records for construction of this structure as it was built under the jurisdiction of Santa
Clara County. The County maintains records for structures constructed within its
jurisdiction. This notwithstanding, given the age of this building and absence of
documentation to the contrary, this building is presumed to be a legal structure. However,
the structure may not satisfy current development standards (setbacks, FAR, height, etc.)
required of the M-1 (Light Industrial) Zoning District.
Zoning Verification Letter ~ 563 Campbell Technologi~ Parkway Page 2 0{2
4. Septic Tank: The Building Division indicates that existing septic tanks are considered
legal so long as they are in proper working order.
Sanitation System Hook-Up: The Building Division further indicates that a modification
to existing pluming fixtures or failure of a septic tank would necessitate connection to the
sanitary sewer system.
6. Non-ConformingL Status: The existing construction office and storage yard was
established without a Conditional Use Permit. Resultingly, the past conversion of the
residential structure to an industrial/commercial use is considered non-conforming due to
a lack of a Conditional Use Permit. The use is therefore restricted pursuant to Municipal
Code (CMC) Section 21.58.040(G):
A use that is nonconforming due to the lack of a conditional use permit may continue only to the
extent that it previously existed (e.g., floor or site area occupied by the use, hours of operation,
type or intensity of use). Any change shall require conditional use permit approval.
Please note that the City does not consider normal maintenance as an intensification of
use, consistent with CMC Section 21.58.050(C).
7. Office Building_Use: The M-1 (Light Industrial) Zoning District allows professional
office uses as a permitted use, meaning a Conditional Use Permit would not be required.
However, a Site and Architectural Review Permit for the construction of an office
building would be required. With regards to the maximum square-footage permissible for
this site, given the lot size of approximately 20,000 square-feet and a FAR maximum of
40%, a building of approximately 9,000 square-feet could be constructed so long as all
other development standards (height, setbacks, parking, etc.) were met.
8. Code Complaints: There are no active Code complaints or violations on this property.
If you should have any questions regarding the information provided in this letter, please do not
hesitate to contact the Community Development Department at (408) 866-2140.
Si erely,
aniel Fama
Assistant Planner
cc: Paul Kermoyan, Planning Manager
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