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Zoning Letter - 2011CITY of CAMPBELL Community Development Department To: The Lincoln National Life Insurance Company c/o Mason-McDuffie Financial Corporation 2030 Franklin Street, 5th Floor Oakland, CA 94612 Date: January 12 , 2 011 CERTIFICATION OF ZONING Re: Land and improvements owned by Los Gatos Professional Building Associates, LLC ("Owner") located in Santa Clara County, City of Campbell at 3803 S. Bascom Avenue (the "Property"), which Property is described as parcel 414-44-031 on the maps of the Santa Clara County Assessor, ^^ ~""`"`} ^ attached hereto Dear Sir or Madam: I am the duly appointed and incumbent Assistant Planner of tree city of Campbell, Santa Clara County, State of California (the "Jurisdiction"), and I am responsible for the enforcement of the zoning ordinance of the Jurisdiction (the "Zoning Code") and otherwise have knowledge of the facts required to give this certification. I am familiar with the Property described above. Based upon my review of the Zoning Code and all other resolutions, variances, conditions and records applicable to the Property, I hereby certify the following: 1. Zoning District. The Property is zoned Professional OfficE~ (P-o) under the laws or ordinances of the Jurisdiction, which zoning is the proper zoning for the improvements located on the Property. Attached hereto are true copies of the applicable ordinances, resolutions or regulations relating to the zoning and use of the Property and all conditions attached to such zoning and to the development of the Property. Such documents include meeting minutes documenting project approvals and copies of conditions of approval. The Property is in compliance with all of the aforesaid ordinances, resolutions, regulations and conditions as documented in this certification. Zoning Certification Letter - 3803 S. Bascom Ave. Page 2 of 3 2. Use Restrictions. The Property is ~ a non-conforming use, f.or lack of a Conditional Use Permit. The property is developed with a medical office building. At the time of project approval, a Conditional Use Permit was not required for a medical off_Lce use. Due to the current requirement for a Conditional Use Permit, the property is subject to the non-conforming restrictions of Campbell Municipal Code Sec. 21.58.040(G)._ The Property is not located in any special districts such as historical districts. 3. Dimensional Requirements. The Property is generally in compliance with all dimensional requirements of the Zoning Code, including, but not limited to, minimum lot area, maximum building height, ~ and setback or buffer requirements, with the exception of the maximum floor area ratio. The P-O Zoning district permits a .40 floor area ratio unless the Planning Commission allows a higher ratio. The project was developed with a .68 floor area ratio. At the time of project approval, there was no established maximum floor area ratio requirement. 4. Parking Requirements. The Property is in compliance with all parking and loading requirements. At the time of project approval, parking for medical office uses was determined at a ratio of 6 spaces per doctor. The medical office building was approved with a condition limiting it to a maximum of 18 doctors, requiring 108 parking spaces. The medical office was constructed with a total of 116 parking spaces, exceeding the maximum number of parking spaces required. However, since the time of project approval, the City's parking requirement have been modified to now require medical office buildings to provide 1 parking space per 200 square-feet of gross (not leasable) floor area. For this 32,632 square-foot office building, this would result in parking requirement of 164 parking spaces. Additionally, at the time of project approval, 40% of the 116 parking spaces were permitted to be drawn as "compact", where the current maximum for the percentage of compact spaces is 25a. Although the site parking is deficient by 48 parking space and has more "compact" parking spaces that currently permitted, pursuant to Campbell Municipal Code Sec. 21.28.030(E), the building/use is not considered "non- conforming" solely because the parking spaces provided do not meet the current requirements. Therefore, the property care be considered in compliance with all parking and loading requirements. ; 70 North First Street • Campbell, CA 95008-] 423 • Tet (408) 866-2140 • Fax (408) 866-5140 • E-Mali planning~~cityofcampbell.com Zoning Certification Letter - 3803 S. Bascom Ave. Page 2 of 3 5. Screening and Landscaping Requirements. The Property is in campliance with all screening and landscaping requirements with all standards in effect at the time of project approval. Under current standards, the property exceeds the minimum percentage (120 of lot area) of project landscaping required (240), and provides the required 10-foot front landscaping strip. However, not all sides o.f the property are landscaped with 5-foot planter strips as currently required. The southerly side of the property appears to have been improved with only a 2- to 3-foot landscape planter per approved plans. 6. Sign Requirements. The Property is in compliance with all sign requirements, including height of signs, size of signage, signage setback requirements and any other signage restrictions. 7. Access. Access to the Property is from a publicly dedicated and accepted right of way and all driveways from the Property onto such right of way are in compliance with all applicable driveway ordinances and regulations and all permits, if any, required in connection therewith have been issued. 8. Certificate of Occupancy. A final, permanent and unconditional Certificate of Occupancy can be obtained through the Building Division a.t (408) 866-2130 , 9. No Violations. There are no existing violations with respect to the Property of the Zoning Code or any other applicable laws, ordinances, rules, regulations and codes, including, but not limited to, building codes, fire codes, environmental codes and safety codes. 10. Subdivision Requirements. The Property is in compliance with aNl applicable subdivision requirements, and any and all plats, permits and approvals necessary to subdivide the Property from any tract or parcel of land adjacent thereto and now or heretofore owned in common with the owner of the Property have been duly and properly filed, recorded and/or issued. Neither conveyance of the Property by a mortgage instrument nor subsequent foreclosure or deed in lieu thereof will cause the Property to violate any subdivision requirem~rtts~ Name: Daniel Fama Tltle: Assistant Planner Encl: Assessor Map GIS Property Report P-0 Zoning District (CMC Sec. 21.10) Non-Conforming (CMC Sec. 21.58) Conditions of Approval (M 89-13) Meeting Minutes (M 89-13) Meeting Minutes (S 88-20) Conditions of Approval (S 88-20)