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November 29, 2004
Mr. Gary Townsend
1350 Peggy Avenue
Campbell, CA 95008
Re: 1121 Steinway Avenue and 1350 Peg~y Avenue
Dear Mr. Townsend:
In response to your requests for assistance in resolving concerns you have raised over the
past several weeks, the following letter will serve to outline the Community Development
Department's desire to provide the best and most thorough assistance possible in helping
you find answers to your concerns. Let me personally assure you that it is the desire of
every staff member in the Community Development Department to provide answers to
every question we are able to answer, and direction to where answers may be found
where we are not.
1) You have expressed a concern regarding the grade change at the rear of your
property where an adjacent neighbor has recently constructed a new single family
residence. The property at 1121 Steinway Avenue was elevated pursuant to
building plans which were reviewed by the City and for which a valid Building
Permit was issued. It is standard practice to require that new construction divert
rainfall to the City's storm drains. The City has no authority to prevent the raising
of a lot when the addition of topsoil does not affect an established creek,
waterway, stream, or river. Additionally the raising of a lot should not create
runoff for adjacent properties surrounding the raised lot. In the case of the
property at 1121 Steinway, there are no creeks, waterways, streams or rivers
affected. Surface rainwater generated on properties adjacent to the Steinway
property is the responsibility of the property on which the water is generated.
2) You have informed us that the property at 1121 Steinway Avenue has been
draining rainwater onto your property at 1350 Peggy Avenue since the change of
elevation. Staff has inspected the site and has asked the property owner to prove
that his property drains properly to the street/storm drain system. The owner of
the property has agreed to make corrections if it is shown that the existing
drainage plan causes runoff onto your property. (see attached copy of letter)
3) You have raised concern over the fact that a proper drainage plan was not
submitted with the building construction plans for the house at 1121 Steinway
Avenue. The building inspector responsible for this oversight has been made
70 North f=irst Street ~ CamPoeli, California 95008-1436 Tee 408..866.2140 ~ Fns 408.871.5140 ~ Tno 408.866.2790
` PRE2004-60 ~ 1350 Peg~~, znue Page 2
aware of the problem, and is working with the property owner at the Steinway
property to secure a proper site drainage plan. Once submitted the Building
Division will review the plan in consultation with the Public Works Development
Department Engineering staff to ensure that the plan addresses the proper
handling and drainage of rainwater generated by the new home at 1121 Steinway
Avenue. The Building Division staff person responsible for the failure to require
the drainage plan has been reminded to require proper drainage plans for all
applications for new homes in the future.
4) At the Council Meeting on Tuesday November 16, 2004, you stated that rainwater
was causing. your detached garage to flood. Staff is working to ensure that the
rainwater from 1121 Steinway Avenue. does not in any waX contribute to the
surface water you contend is collecting on your property. Surface rainwater
generated on adjoining properties to the Steinway property is the responsibility of
the property on which the water is generated.
5) You have requested to know the status of the building permit for the home at
1340 Abbott Avenue. This permit was "Finaled" and was given a Certificate of
Occupancy on February 21, 2002.
6) On Friday afternoon, November 12, 2004, you requested that Building Official,
Bill Bruckart; check out a fence being constructed on Abbott Avenue. Bill was in
the area on .Saturday, the following day, and noted a new fence being constructed
at 1350 Abbott Avenue. Bill created a Code Enforcement case the following
Monday and Senior Planner Geoff Bradley initiated a letter to the owners of that
property at that address on Tuesday November 16, 2004, providing the owners
with the fence location. requirements for front and side yard fences on Abbott
Avenue. If the owners fail to respond to Geoff s letter, the matter will be referred
to Code Enforcement for follow-up
7) Also on Saturday November 17th, as Bill was in the area near Abbott Avenue he
drove down Peggy Avenue and was able to determine that the concrete debris
formerly piled at the side of the property at 1350 Peggy Avenue has been
removed. In addition, he noted that the pile of weeds in the yard no longer
remains. As a result of his inspection, Bill requested that the Code Enforcement
Officer, Steve Prosser, clear the record of violation on 1350 Peggy Avenue. and
prepare a letter to you indicating such. The letter was mailed to you at that
address on Monday morning, November 17th.
8) During your phone call on Wednesday morning, you spoke of a hazardous open
trench on Hacienda Avenue. After your call, I notified the Public Works
Department of a possible hazard on Hacienda Avenue. They dispatched a Public
Works staff person to determine if there was a hazardous trench and he reported
that there was a trench at Hacienda Avenue near Maggio Court. The trench was
found to have safety cones to alert the public to the potential danger of the trench.
The trench was authorized under encroachment permit ENC2004-00204 that was
issued to Comcast Cable Company. The Public Works Department considers the
location to be appropriate for the work and public safety.
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9) At the time of your call you also asked about the appropriateness of allowing the
Developer of the Chamberlin Estates subdivision to have sales offices at the
model homes along Hacienda. The model homes were issued building permits for
conversion .from "Single Family Dwellings" to "Model Homes w/ Sales Offices"
at the beginning of the subdivision project. Model Home/Sales Offices are a
temporary, incidental use associated with new subdivisions both in Campbell and
throughout the State.
10) You have requested. assistance in locating examples of other properties that have
received a variance ..for a side yard setback. The only variance that has been
approved in the last five years was for a front yard garage setback at 1353 Cameo
Drive. Attached for your information is the Council resolution and staff report.,
11) Concerning the Building Inspection .Division comments for your recent Pre-
Application for an addition to your .home. The comment concerning a drainage
plan can be addressed using a number of drainage techniques -such as "French
Drains", or "Drainage Pits" designed to keep all generated water on site and
directed into the groundwater system beneath the property. The Building
Division has examples of .such techniques used on other approved drainage plans,
and staff would be happy to make these examples available for your review.
Please do not hesitate to contact me if you have additional questions or need further
assistance.
Sincerely,
G~h~Yl
Sharon Fierro
Community Development Director
cc: Geoff Bradley, Senior Planner
Al Oxonian, Senior Engineer
Bill Bruckart, Building Official
Tim Haley, Associate Planner