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UP - 1982CITY COUNCIL MINUTES OF THE MEETING OF MAY 16, 1989 Winchester Drive-In Nuisance Abatesment Action City Attorney Seligmann - Staff Summary Report dated 5/16/89. Minute Action - approving Five-Year Capital Improvement Program Minute Action - approval of City Gateway and Comnunity Center Site Identification Signs INFORMATION ONLY Public Works Dept. - replacement of light poles/fixtures - John D. Morgan Park - Project 89-31 Minutes - Civic Improvement Cc~mission meeting -April 13, 1989 Minutes - Parks and Recreation Cc~ssion n~=eting -April 12, 1989 M/S: Ash~rth/Burr - to approve the Staff's ~dation to stay s~,,.~ry abatement of th~ Winchester Drive-In site, and authorize the City Attorney to pursue a litigated solution. Motion adopted unanimously. Assistant to the City Manager Barbara Lee - Staff Sun~,~ry Report dated 5/16/89. M/S: Burr/Kotowski - to approve the Staff's recommendation. Motion adopted unanimously. Assistant City Manager Tara Lee A~a~s - Staff S~,,L~ry Report dated 5/16/89. M/S: Burr/Kotowski - 1) approve the City Gateway sign (Salmar and Hamilton) as recc~rended; 2) approved triangular shaped design incorporating tile elemant and masonary block for the Cc~munity Center sign; and 3) authorized staff to solicit informal bids for construction. Motion adopted unanimously. Public Works Department - Staff Stu~,~ary P~POrt dated 5/16/89. Noted and filed. Noted and filed. Notedand filed. CITY O[ AMi B[LL 75 NORTH CENTRAL AVENUE CAMPBELL, CALIFORNIA 95008 (408) 378-8141 Department: Planning Aa~ast 5, 1983 Mr. Arthur K. Dewd Sr. Vice President, Real Estate California 6 Motels 11 $6 S. Seventh Ave. Hacienda Heights, CA 91745 RE: Winchester Drive-In Site City of Campbell Dear Mr. Dow& Thank you for your letter of July 27, 1983 in which you raised the question as to whether or not a motel use would be permitted as part of the redevelop- ment planned for the Winchester Drive-In site. The current Land Use Element of Campbell's General Plan indicates an "IndUstrial'' land use for the drive-in site. The current zoning on the site is M-1-S (Light Industrial). It should be noted that a motel is not listed as a permitted use, or as a use requiring a Use Permit. If it is your intent to develop a motel in the M-1-S Zoning District, it is suggested that you address a letter to the Campbell Planning Cor~nission requesting that a motel be allowed in the M-1-S Zoning District subject to approval of a Use Permit. Another possibility that you may wish to consider would be to rezone the pro- perry to PD (Planned Development). Such a rezoning would require the submittal of detailed site plans and elevations of the proposed motel. As you may be aware, this is the approach that was taken when the existing California 6 Motel was built in Campbell. Lastly, it should be noted that the Campbell Sign Ordinance does not permit off-site signs. Also, signs which are visible from the freeway [Highway 17) require approval from the Planning Commission and City Council. Since signing is an important aspect of a motel's operation, you may wish to apply for appro- val of a sign permit early in your planning process. If there are any further questions regarding this matter, please feel free to contact me. Sincerely, PIANNI~G DIRECTOR PHILIe J. ST~ PRINCIPAL PI.ANNtm ld MOTELS ~L,~ ~ B ~' MOTELS Executive Offices: 1156 So. 7th Ave. P.O. Box 5248 Hacienda Heights, Ca. 91745 (213) 961-1681 July 27, 1983 Mr. Phil Stafford City of Campbell c/o Larry Blickman Blickman and %llrkus 2674 North First Street Suite 100 San Jose, CA 95131 Dear Mr. Stafford: California 6 Motels has become aware of the avail- ability of a possible motel site in the development planned for the Winchester Drive-In Theatres. Larry Blickman of Blickman and Turkus in San Jose has requested that I make inquiry of you as to whether such usage is or would be permissible. Your cooperation is appreciated. Very truly yours, WESTERN 6 MOTELS, INC. Arthur K. Dowd Sr. Vice President, Real Estate AKD:vh PLANNING COmmISSION MTG. ~RCH 8, 1983 Staff Report Staff Report regarding police reports for the Winchester Drive-In. Mr. Kee reported that at its previous meeting, the Commission requested Staff to check with the Police Department to determine the number of police responses to problems associated with the drive-in operation. The Police Department has indicated that there have been three written police reports during the last year, although other calls have been made with no reports taken. Commissioner Fairbanks asked that the management and owners of the theater be apprised of the concerns of the area residents, as expressed at the public hearing when a use permit for a flea market was considered. Mr. Kee stated that he has talked with the General Manager, Mr. Jack Haigh, specifically about the problems expressed by area residents. Mr. Haigh has indicated that he is taking steps, through the management of the drive-in, to abate any problems. Mr. Dempster commented that Ur. Haigh also indicated that anyone who is having a problem with drive-in patrons should contact him or the theater management directly. Mr. Dempster added that perhaps Staff could send letters to the people who spoke at the public hearing telling them to get in touch with the theater management when they have any problems. Commissioner Dickson felt that perhaps this situation should be reviewed again in six months. It was moved by Commissioner Dickson, and seconded by Commissioner Fairbanks, that this item be reviewed in six months {September 1983), and that area residents who expressed concern with the operation be notified to contact the theater management with their concerns. Motion carried with a vote of 4-0-2-1, with Commissioner Kasolas abstaining because he felt this was not necessary. ITEM NO. 6 STAFF COl~.~[f~'I' SHEET - PLANNING OD~.{ISSION ~{EETING OF ~!ARfH 8, 1983 Staff Report Staff report regarding police reports for the Winchester Drive-In. DISCUSSION At its previous meeting, the Cormnission requested Staff to check with the Police Department to determine the m~nber of police responses to problems associated with the Winchester Drive-In. The Police Department has in- dicated that there have been three written police reports during the last year -- one dealing with bottles being thrown into the mobilehome park, and two regarding fights or disturbances within the drive-in. The Police Department has indicated that there have been other calls to the drive-in, but no reports were taken. PLANNING CC~ISS ION FEBRUARY 22, 1983 OTHER IT~4S BROUGHT UP BY O3~[ISSIONERS Commissioner Dickson requested a report from the Police Department regarding possible planning violations at the Winchester Drive-In, in light of the discussion raised by surrounding property owners when the flea market use w~s requested. Commissioner Kasolas asked if there was anything that could be done about abandoned wrecked automobiles, noting that there has been one sitting on the comer of Hacienda and San Tomas Aquino Road for several weeks, as well as several cars on property at Sonuca and Lovell. ~.~r. Helms reported briefly on City policy regarding sidewalks in industrial areas, and noted he would present some ideas to the Commission on this subject at the next meeting. -8- Chairman Kotowski requested the Public Works Departn~nt to contact the County Transit District regarding the bus stop on Winchester Boulevard, across from 3050 S. Winchester Blvd.). Because there is no bus shelter, or duck-out, people are waiting for the bus in the middle of the railroad tracks. ( iTY OF ( kMPIIELL 75 NORTH CENTRAL AVENUE CAMPBELL, CALIFORNIA 95008 (408) 378-8141 Department: PI anning February 9, 1983 Mr. Jack Haigh Syufy Enterprises 150 Golden Gate Avenue San Francisco, CA 94102 RE: UP 82-25 535 Westchester Dear Mr. Haigh: Please be advised that the Planning Commission, at its meeting of February 8, 1983, denied without prejudice your application for a use permit at the Winchester Drive-in site. If you have any questions, please feel free to contact the Planning Department. Sincerely, ARTHUR A. KEE PLANNING DIRECTOR MARTY C. WOODWORTH PLANNER I I ~ MCW:lp TO: ~Y OF C/U'IVUI:LL! t,/u. truKril~ NOTICE OF DETERMiNATiON Sec~tary for Resources 1416 Ninth Steer, RoB 1311 Sacra~nto, CA 95814 SUBJECT: UP 82-25 PROJECT TITLE: STATE CLEARINGHOUSE NUMBER (If Any) CONTACT PERSON Marty Woodworth FROM: Planning City of Can)~bell 75 North ¢£i)- 1'8-i 1983 DITY OF CAMPBELL ((~UBO~VSKI, Clerk Deputy County Clerk's Office Santa Clara County 191 North First St~et San Jose, CA 95113 Filing of Notice of Detemin~Yt~lq~ ~~i~Twtth Section Z1108 or 21152 of the Public I~sources Code. Tel. No. (408) 378-~8141= Ext. 236 PROJECT LOCATION 535 Westchester Dr. PROJECT DESCRIPTION Use permit application to allow the operation of a flea market on weekends. This is to advise that the CITY OF CAMPBELL has ,~de the followin~ deteminations regarding the above described project. 1. The project has been approved, by the City of Campbell· _~__disapproved have a stgntftcan~ effect on the environnent. The project will ~ will not An Envtronnental Impact Report was p~pa~d for this p~Ject ' pursuant to the provisions of CEQA. ~ A Negative Declaration ~as prepared for this pmJect pu~uant to the provisions of CEQA. The EIR or Negative Declaration and ~cord of p~Ject approval ,my be examined at: The Planning Oepartn~nt, City of Campbell, 75 North Central Avenue, Campbell, CA 95008. DATE RECEIVED FOR FILING: rode a c~dttton of the approval 4. Mitigation ~asu~s ~ wer~ not of this project. was adopted for this p~Ject. 5. A statenent of Overriding Considerationsi iN '' ~ was~not PLANNING CO~4qISSION MTG. FEBRUARY 8, 1983 PUBLIC HEARINGS UP 82-25 Haigh, J. Now is the time for a continued public hearing to consider the application of ~r. Jack Haigh on be- half of Syufy Enterprises for a use permit to allow a flea market between the hours of 7 a.m. and 4 p.m. on property known as 535 Westchester Drive O~inchester Drive-In) in an M-1-S (Light Industrial) Zoning District. Mr. Kee reported that a request has been received from the applicant withdrawing th~ application for a use permit to allow a flea market. Staff is in agreement with this request, and is recomnending that the Con~nission deny this application without prejudice in order to remove it from the agenda. Chaiman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. No one wishing to speak, it was moved by Commissioner Campos, and seconded by Commissioner Meyer, that the public hearing be closed. ~btion carried unanimously (S-O-Z). RESOLUTION NO. 2172 AYES: NOES: ~SENT: Commissioners: Comuissioners: Commissioners: It was moved by Commissioner Howard, and seconded by ComnissionerMeyer, that the Planning Conmission adopt Resolutioh No. 2172 denying without prejudice UP 82-25, at the applicant's request. Motion carried with the following roll call vote: Campos, ~yer, Fairbanks, Howard, Kotowski None Kasolas, Dickson RESOLUTION NO. 2172 PLANNING CO~,~ISSION After notification and public hearing as specified by law on the application of bir. Jack Haigh on behalf of Syufy Enterprises for a use permit to allow a flea market to be operated on weekends between the hours of 7 a.m. and 4 p.m. on property known as 535 Westchester Drive 0~inchester Drive-Ln) in an M-1-S (Light Industrial) Zoning District, as per application filed in th~ Office of the Planning Department on November 2, 1982 and after presenta- tion by the Planning Director, proponents and opponents, the hearing was closed CdP 82-25). After due consideration of all evidence presented, the Commission did find as follows: 1. The applicant has requested that this application be withdrawn. 2. Based on the applicant's request for withdrawal, the Commission hereby denies this application without prejudice. PASSED AND ADOPTED this 8th day of February 1983 by the following roll call vote: AYES: Conmissioners Campos, Meyer, Fairbanks, Howard, Kotowski NOES: Commissioners: None Commissioners: Kasolas, Dickson ATTEST: Arthur A. Kee Secretary APPROVED: Michael F. Kotowski- Chairman ITEM NO. 4 STAFF COMMENT SHEET - PLANNING COMMISSION MEETING OF FEBRUARY 8, 1983 UP 82-25 Haigh, J. Continued public hearing to consider the application of Mr. Jack Haigh on behalf of Syufy Enterprises for a use permit to allow a flea market to be operated on weekends between the hours of 7 a.m. and 4 p.m. on property known as 535 Westchester Drive (Winchester Drive-In) in an M-I-S (Light Industrial) Zoning District. STAFF RECOMMENDATION That the Planning Commission continue this item to the meeting of March 8, 1983. STAFF DISCUSSION This item was continued from the January ll, 1983 meeting at the request of the applicant. At this time the applicant is requesting a continuance to the meeting of March 8, 1983. Attached for the Commission's review is the letter of request from the applicant. The mobilehome park association has been notified of the continuance. The Commission may wish to consider notification of all concerned parties that a hearing will be held on March 8, 1983. I ITY Oi I AMPBELL 75 NORTH CENTRAL AVENUE CAMPBELL, CALIFORNIA 95008 (408) 378-8141 Departrnent: Planning February 4, 1983 Mr. Jack Haigh Syufy Enterprises 150 Golden Gate Ave. San Francisco, CA 94102 RE: UP 82-25 535 bIestchester Dr. Please be advised that the Planning Comnission of the City'of Campbell has set the time of 7:30 p.m. on Tuesday, February 8, 1983 in the City Hall Council Chambers, 75 N. Central Avenue, Campbell, California, as the time and place to consider the above-referenced application. A copy of the Staff Comment Sheet and agenda for the Planning Commission meeting is enclosed for your information. It is advisable that you, or an authorized representative, be present at said hearing. If you have any questions, please contact the Planning Department. Sincerely, ARTHUR A. KEE PLANNING DIRECTOR lp Enclosures 150 GOLDEN GATE AVENUE SAN FRANCISCO, CALIFORNIA 94102 PHONE: 441-3900 February 4, 1983 Mr. Art Kee Planning Director City of Campbell 75 North Central Campbell, CA 95008 Dear Mr. Kee: Please accept this letter as our request to withdraw our application for a swap meet at our Winchester Drive-In Theatre. Very truly, JAH: cb 7 1983 CITY ElF r:AMPBELL PI.4J~NING DEPAi~T~tENT January 25, 1983 City of Campbell 75 No. Central Campbell, CA 95008 Attention: Planning Commission Re: P~P°Sed ~F~ea Market Dear Planning Commission, As the owner of the business at 75 Cristich Lane, Campbell, we do object to the proposed flea market, which would be held in our area.at the Winchester Drive-ins every weekend. There would be vandalism and malicious mischief going on, traffic congestion and our area would be littered with trash and debris. I must protest this action and urge you not to allow this to come about. Jim Blackburn, Owner Jim Blackburn Design, Inc. DITY DF 5..;:~,:>.ii.'_..L':..--'-. PLANNIND [:rZ- t= ,~k ~:~ ''~- ~'''I £ h~ T 150 GOLDEN GATE AVENUE SAN FRANCISCO~ CALIFORNIA 94102 PHONE: 441-3900 January 31, 1983 Mr. Arthur Kee Planning Director City of Campbell 75 North Central Avenue Campbell, California 95008 Dear Mr. Kee: Please accept this letter as a request for a continuance of the hearing which was to be held on Tuesday, February 8, 1983. Due to circumstances beyond my control, I will be unable to attend this hearing and request that, if possible, it be held on Tuesday, March 8, 1983. Sincerely, xG. A. Ha'igh JAH: cb /, _ r!. I Ty E3F PLAN NIN r;'- DEPARTMENT MY NAIVE IS BILL HAU~SSER, I LIVE AT ~ 295 UNIOUN AVE SPAC.~ 92 IN PASEO DEPALON~S ~0BI:E H0r~E PARK, IHAVE LI'¢ED THERE SINCE SEPT. 1967. MY HO~E IS ON THE WEST PEREMITER OF THE MOBILE HO~ PARK APPROXIMENTALLY 8 Fr FROM THE EAST FENCE OF THE WINCHESTER T?~ATRE GROUNDS. F!OM THE DAY WE MOVED INTO ~UR HOY~, WE HAVE BEEN BOTHERED BY THE NOISE COMING FROM THE T~EATRE G~OUNDS AS WELL AS VANDALISM, THE YOUNG PEOPLE ENTERIN~ THE PARK TO CLIMB OVER THE FENCES TO ENTER THE THEATRE, THE DAMAGE DONE TO OURH OMES ANDPROPERTY, BY THE PATRONS OF THE THEATRE. OUR COMPLAINTS TO THE MANAGERS OF THE THEAT:~ES HAVE NOT RE~DIED THE CONDITIONSTHERE ~ND I DONT BELIEVE TP~Y WDLL BE ABLE TO CONTROL THE PEOPLE THET PATRONIZE A" FLEA ~RKET" ALSO THERE DS THE PROBLEM OF TOILET FACILATIES TO ~iNDLE A LARGE CROWD OF PEOPLE. UNION aVE IS A HEAVILY STREET ANDALMOST IMPOSSIBLE TO GET OUT OF OUR PARK, I~AGINE WHAT IT WOULD BE LIKEWITH THE ADDITIONAL TRAFFIC A" FLEA MARKET" WOULD CREATE. THEREFORE I REQUEST THAT YOU DENY THE APPLICATION FOR A CHANGE OF LAND USE TO PERMIT A" F~A MARKET" IN THE WINCHESTER DRIVE IN THEATRE GROUNDS Ti:ANK YOU ,. q.fq nter?rises 150 GOLDEN GATE AVENUE SAN FRANCISCO, CALIFORNIA 94102 PHONE: 441-3900 January 11, 1983 Mr. Art Kee Planning Director City of Campbell 75 North Central Avenue Campbell, CA95008 Dear Mr. Kee: Due to circumstances beyond my control, we ~uld like to request that our hearing before the Planning Conm~ssion be postponed for thirty days. Sincerely, nLANNIN[~ D KPARTIV~E~WT PLANNING COMMISSION MTG. JANUARY ll, 1983 UP 82-25 Haigh, J. Continued public hearing to consider the application of Mr. Jack Haigh on behalf of Syufy Enterprises for a use permit to allow a flea market to be operated on weekends between the hours of 7 a.m. and 4 p.m. on property known as 535 Westchester Drive (Win- chester Drive-In) in an M-1-S (Light Industrial) Zoning District. -13- Mr. Kee reported that a request for ~ 30 day continuance has been received from the applicant. Chairman Kotowski declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Ted Moeller, 53 Palomar Real, spoke on behalf of the Paseo de Palomas Mobilehome Park residents opposing the issuance of a use permit for a flea market on the basis of traffic, trash, vandalism, robberies,lack of security, and noise factors. He noted that the mobilehome park residents were opposed to the theater being put in this area years ago. Mr. Moeller stated that the mobilehome park has not had cooperation from the theater management in relation to complaints and problems. He concluded that the park residents are already under a great deal of stress in that they have been evicted from the property by the property owner, and it would be unfortunate to add any additional burdens to these people. Mr. Moeller presented a petition con- taining 135 signatures opposing the granting of this use permit (attached hereto and made a part of this record). Mr. Gordon Turner, 94 La Paz, spoke against the granting of a use permit for a flea market citing the problems indicated by Mr. Moeller. Chairman Kotowski requested Staff to report back regarding police difficulties between the mobilehome park and the drive-in for the last 24 months, if possible. No one else wishing to speak at this time, it was moved by Commissioner Fairbanks, and seconded by Commissioner Howard, that UP 82-25 be continued to the Planning Commission meeting of February 8, 1983. Motion carried unanimously. (7-0-0). CHRONOLOGY OF LETTERS I NO. UP 82-25 Haigh, J. 6 LETTER DATED ADDRESS NAME YES NO 12-6-82 12-6-82 12-6-82 12-6-82 12-8-82 1-4-83 12-29-82 12-21-82 12-15-82 12-15-82 1-4-83 12- 30-82 Bell Development 675 N. First St., #110 San Jose, CA 95112 Willburdon Const. Co., Inc. 879 McGlincey Lane Campbell, CA 95008 Burton Const. Co. 879 McGlincey Lane Campbell, CA 95008 Burt Development 879 McGlincey Lane Campbell, CA 95008 Bell Development 879 McGlincey Ln. Campbell, CA 95008 Charter Plumbing, Inc. 200 Cristich Lane Campbell, CA 95008 Burton Const. Co. 879 McGlincey Lane Campbell, CA 95008 491McGlincey Lane Campbell, CA 95008 Pacific Surfacing, Inc. 520 Westchester Dr. Campbell, CA 95008 3-D Manufacturinq 879-C McGlincey Lane Campbell, CA 95008 Ross Engineering Corp. 559 Westchester Dr. Campbell, CA 95008 Bell Development owner of 800 Cristich Tom Towe, Manager (McGlincey Property) Jean W. Burton, Pres. Arthur R. Burton Owner & Business Mgr. Arthur R. Burton, Partner Steve Boyd, Partner Robert R. Walker, Property and Business Owner Arthur R. Burton Owner & Business Mqr. Charles T. Towe, Property Owner Gerald J. Bibler, President William L. Devine, Business Owner Hugh C. Ross, Owner and Manager Steve & Janet Boyd X X X X ITEM NO. 6 STAFF COMMENT SHEET - PLANNING COMMISSION MEETING OF JANUARY Il, 1983 UP 82-25 Haigh, J. Continued public hearing to consider the application of Mr. Jack Haigh on behalf of Syufy Enterprises for a use permit to allow a flea market to be operated on weekends between the hours of 7 a.m. and 4 p.m. on property known as 535 Westchester Drive (Winchester Drive-In) in an M-I-S (Light Industrial) Zoning District. STAFF RECOMMENDATION That the Planning Commission adopt a resolution approving this application, subject to the attached conditions. STAFF DISCUSSION This item was continued from the December 14, 1982 meeting so that additional information could be supplied regarding traffic. A copy of the previous Staff Comment Sheet is attached for the Commission's review. The Public Works Department is in the process of completing traffic counts in the area and will present an oral report at the meeting. Staff is of the opinion that the flea market use is acceptable and should not be detrimental to the area, and therefore, approval is recommended. A six month review is recommended. Additional letters have been received pertaining to this item, and these are attached for the Commission's review. ITEM NO. 8 STAFF COMMENT SHEET - PLANNING COMMISSION MEETING OF DECEMBER 14, 1982 UP 82-25 Haigh, J. Public hearing to consider the application of Mr. Jack Haigh on behalf of Syufy Enterprises for a use permit to allow a flea market to be operated on weekends between the hours of 7 a.m. and 4 p.m. on property known as 535 Westchester Drive (Winchester Drive-In) in a M-1-S (Light Industrial) Zoning District. STAFF RECOMMENDATION: That the Planning Commission adopt a resolution approving this application, subject to the attached conditions. STAFF DISCUSSION: The applicant is requesting approval of a use permit to allow the operation of a flea market at the Winchester Drive-In. The flea market would be operated on weekends between 7 a.m. and 4 p.m. Attached for the Commission's review are the operating procedures as proposed by the applicant. One of Staff's concerns is the effect of noise from the flea market on the Paseo De Palomas Mobile Home Park, adjacent to the drive-in on the east. The applicant has indicated that there will be no loud speaker system and that parking will not be immediately adjacent to the mobile home park. Staff is also recommending that the start of the flea market be changed from 7:00 a.m. to 9:00 a.m. With these conditions, noise impact should be minimal. It is Staff's opinion that the use should not create major traffic problems, as incoming and outgoing traffic will not be concentrated at a certain time but rather spread out over the day. In general, Staff believes that the use is acceptable and should not be detri- mental to the area; however, Staff is recommending a six month review of this use. Several letters have been received pertaining to this item, and these are attached for the Commission's review. CONDITIONS OF APPROVAL: UP 82-25 APPLICATION OF: Haigh, J. Page 1 PC MTG: 12-14-82 Plannin9 Department: l) The hours of operation are 9:00 A.M. to 4 P.M., Saturday and Sunday. 2) There shall be no loud speaker system in use at any time. 3) Directional signs shall be placed on the theater premises only. All signs must be approved by the Planning Director. 4) No alcoholic beverages shall be allowed on the premises. 5) Use to be reviewed by the Planning Commission in six months. Police Department: 1) Parking area at Theater #2 to be filled first, and Theater #4 parking used when needed. 2) Signs to be placed at all entrances specifying that no alcoholic beverages will be allowed on the premises. City of Campbell Planning Commission This letter is in regard to the proposed Flea Market at the Drive-In Theater located at 535 Westchester, Campbell, California 95008. Operating Procedure - Flea Market Sellers bring their wares in, pay their selling fee, and obtain an inventory form which must be filled out as required by State law, and turned in to Management. Management delivers form to local Police Dept. (Copy Attached) Buyers enter and pay admission fee and park on premises. The hours of operation are every Saturday and Sunday, 7:00 A. M. - 4:00 P.M. 3. We propose to make no structural changes in the property. Directional signs will be placed on the theater premises only. They will be put out each Saturday and Sunday morning and will be picked up each evening. 5. There will be no loud speaker system in effect at any time. Clean-up personnel will commence clean-up procedures at 4:00 P.M. each Saturday and Sunday. No alcoholic beverages will be allowed to be sold on the premises at any time. treet ffrattrisrn. 141fl3 415 543-3813fi HIGH VOLTAGE DEVICES HIGH POWER ELECTRONICS DC, 60 CYCLE, RF, PULSE MAIN PLANT: 559 Westchester Orive Campbell, California 95008 Phone (408) 377-4621 ROSS City of Campbell Attn: Planning Commission 75 North Central Avenue Campbell, CA 95008 ENGINEERING ~ACUUM CIRCUIT BREAKERS SWITCHING, RELAYING CONTROL, SAFETY CORPORATION January 4, BRANCH OFFICE and after hours ~ ,, , ~a~toga Cai f 95070 ~ ' ' i , p~hone (408) 253-1572 ,JAH 0 fi 1 )83 :":' To Whom It May Concern: Ref: Proposed Flea Market at Winchester Drive-In Theatre. respectfully request that serious consideration be made of the following: l) 2) 3) Excessive trash, garbage, and vandalism already present from the evening theatre will be seriously increased with all day Saturday and Sunday traffic. As a business located near the entrance on Westchester Drive we lose shrubs and hoses, our trees are broken down, our plantings are trampled, and our street and driveways are littered with bottles. cans, broken glass, Kleenex, and more. We have been attempting to up- grade the area's appearance but it is quite discouraging. Increased security and clean-up in the area is required even now and considerably more will be needed, resulting in increased cost to the city, as well as the businesses along Westchester and McGlincey. Evening traffic on popular movie nights makes it impossible to get to the businesses along McGlincey and Westchester except to go through the half-mile long line-up. Additional traffic which would be added by a Saturday and Sunday Flea Market along the narrow McGlincey Lane will make it an all day problem as well. Accessibility for fire engines is questionable at those times. 4) 5) 6) Additional traffic control will be required, again at a cost to the city. Even though there will be free parking inside the theatre, many will park outside to avoid the parking jam inside, thus increasing the vandalism and trash probability, as well as reducing the parking needed by business employees working on Saturday. The Capitol Drive-In Flea Market has shown that this outside parking will be inevitable. We request also that the present trash, vandalism and traffic problems due to the theatre be solved regardless of whether a Flea Market is allowed or not. V.~ry truly ,yours, Hugh C. Ross Owner and Manager Westchester Drive Property and Business ITEM NO. 6 UP 82-25 CHAR TE R PLUMB IN G, IN C H ai gh , d. · 535 Westchester Dr. APARTMENTS AND SUBDtVISIONS P. O. BOX 697 · 200 CRISTICH LANE · CAMPBELL, CALIFORNIA 95008 ° 377-5660 January 4, 1983 City of Campbell 75 N. Central Campbell, California 95008 Planning Commission Re: Proposed Flea Market Gentlemen: As the owner of Charter Plumbing, Inc. and F & W Investment at 200 Cristich Lane, Campbell. We do object to the proposed flea market for the following reasons: Trash & debris scattered throughout the neighbor- hood. Traffic congestion. Vandalism and malicious mischief. Noise, etc. Sincerely, CHARTER P.~ INC~2:~_ RRW/gh F~LANNIN'~ ',.2;2:..-,. _~., f STATE CONTRACTOR'S LIC, NO. 272981 I iTY Ol I AMPBI tt 75 NORTH CENTRAL AVENUE CAMPBELL, CALIFORNIA 95008 (408) 378-8141 Department: January 3, 1983 Planning Mr. Jack Haigh Syufy Enterprises 150 Golden Gate Ave. San Francisco, CA 94102 RE: UP 82-25 535 Westchester Drive Please be advised that the Planning Commission of the City of Campbell has set the time of 7:30 p.m. on Tuesday, January 11, 1983 in the City Hall Council Chambers, 75 N. Central Avenue, Campbell, California as the time and place to consider the above-referenced application. A copy of the Staff Comment Sheet and the agenda for the Planning Commission meeting is enclosed for your information. It is necessary that you, or an authorized representative, be present at said hearing. If you have any questions, please contact the Planning Department. Sincerely, ARTHUR A. KEE x(~r PLANNING DIRECTOR ld Enclosures BELL DEVELOPMENT 675 NORTH FIRST STREET SUITE 110 SAN Jose, C~L~rOUN~ 95112 PHONE 287~7900 City of Campbell 75 North Central Ave. Campbell, Ca. 95008 December 30, 1982 Planning Commission: Re: Proposed Flea Market As the owner of the property at 800 Cristich Street, Campbell, we object to the proposed flea market for the following reasons: There will be trash and debris scattered throughout the neighborhood There will be a problem with traffic congestion With the bringing in of people (flea market customers) to the neighborhood, there will be a problem with vandalism and maliCious mischief. There will be too much noise. We feel these things will hurt our property value and detract from the quality of the existing neighborhood. Please do not permit a flea market to be operated on the property known as 535 Westchester Drive. Sincerely, ~partner, Bell Developmen~ BURTON CONSTRUCTION CO. 879 Mc~lincey December 29, 1982 City of Campbell 75 North Central Campbell, California.. · Cempbell, C~lifornb %od~') Telephone 377-4280 PI--A N N H~." [~ DEPARTMENT PLANNING COMMISSION Regarding the request, by Syufy Enterprises, fbr a use permit to operate a FLEA MARKET in conjunction with the Winchester Drive In Theater ..... As the owner, business operator & manager of McGlincey area property WE OPPOSE THIS ADDITIONAL USE for the following reasons :: T RA S H. The adjanect property owners in the McGlincey area already have enough trash (Syufy cups ,wrappers ,bottles, etc.) to clean-up from the thoughtless patrons from the drive-in theater without any ADDITIONAL TRASH from this proposed PLEA MARKET WE OWNERS PAY FOR THE CLEAN UP OF TRASH· VANDALISM & malicious mischief will be greater than it is now. We presently get broken landscaping, sprinklers, bottles, windows, doora, fences, bullet holes, graffiti, signs, lights, etc.. WE OWNERS PAY FOR THE VANDALISM ! ! TRAFFIC. The 60'RW of McGlincey, with TWO LANES, is a very poor comparison with other operational flea market (Capitol) with a 160' RW and it's 6 to 8 traffic LANES. COST BURDEN to the City with little or NO INCREASE OF INCOME. {Police, Public Works, street sweeper, storm drains, & so on..9 Sincerley, Arthur R. Burton December 21, 1982 Planning Department City of Campbell 75 N. Central Avenue Campbell, California Re: Proposed Flea Market, Winchester Drive-In To Whom It May Concern: As the owner of the property at 491Mclincey, Campbell, I object to the above referenced use due to the increased traffic congestion, trash, debris and vandalism ~hat often occurs in the area around a flea market. S ilac e~?el y, Charles T. Towe 3~-O Manufacturing 879-C McGlincey Lane Campbell, California 95OO8 (408) 371-7860 City of Campbell 75 N. Central Campbell, Ca. Planning Commission re; PROPOSED FLEA MARKET As the owner of the business at 879 C MrGlincey Lane Campbell. We do object to the proposed flea market for the following reasons: Trash & debris scattered throughout the neighborhood. Traffic conestion-Vandalism & malicious m[scief. Sincerley, William L. Devine I~ITY OF "- PLANNING DEPARTMENT Pacific Surfacing Inc. 520 Westchester Drive Campbell, California 95008 Telephone (408) 377-3238 City of Campbell 75 N. Central Campbell, CA 95008 December 15, 1982 Contractor's License No. 273735 E:ITy OF PLANNING D EPAR~TM ENT Subject: Proposed Flea Market @ Winchester Drive-In. Planning Commission: As the owner of Pacific Surfacing, Inc. at 520 Westchester Dr., Campbell, CA, I do object to the proposed flea market for the following reasons: 1. Trash and debris scattered throughout the neighborhood. 2. Traffic congestion. Sincerely, P res i den t GJB/bm Vandalism and malicious mischief. Theft. Noise, etc. INC. industrial & recreational surfacing PLANNING COMMISSION MTG. DECEMBER 14, 1982 UP 82-25 Haigh, J. Public hearing to consider the application of Mr. Jack Haigh on behalf of Syufy Enterprises for a use permit to allow a flea market to be operated on weekends be- tween the hours of 7 a.m. and 4 p.m. on property known as 535 Westchester Drive (Winchester Drive-In) in an M-1-S (Light Industrial) Zoning District. Mr. Kee reported that the applicant is requesting approval of a use permit to allow the operation of a flea market at the Winchester Drive-In on weekends between 7 a.m. and 4 p.m. One of Staff's concerns is the effect of noise from the flea market on the Paseo de Palomas Mobilehome Park, adjacent to the drive-in on the east. The applicant has indicated that there will be no loud speaker system and that parking will not be immediately adjacent to the mobile- home park. Staff is also recommending that the start of the flea market be changed from 7 a.m. to 9 a.m. With these conditions, noise impact should be minimal. It is Staff's opinion that the use should not create major traffic -6- problems, as incoming and outgoing traffic will not be concentrated at a certain time, but rather spread out over the day. In general, Staff believes that the use is acceptable and should not be detrimental to the area; however, Staff is recommending a six-month review of this use. Commissioner Kasolas asked if Staff knew what experience other flea markets in the area have had regarding the hours and the restriction of alcoholic beverages. Mr. Kee noted that Staff did contact the City of San Jose. The concerns expressed by San Jose have been addressed in our conditions of approval. Mr. Helms stated that the Public Works Department Staff spoke with the San Jose Traffic Engineering Division, and they indicated they had no problems with flea markets and they anticipated Campbell would have no problems. Commissioner Fairbanks noted that several letters have been received pertaining to this item (attached to the Staff Comment Sheet), all concerned with the trash problem in the area. She asked if there was something that could be done to alleviate this concern. Mr. Kee stated that condition no. 5 of the Planning Department indicated a review of this use permit in six months, and,other than the word of the applicant, there is really no way to police a problem such as this. There may also be other problems which might arise that cannot be foreseen, at this time--these could all be looked at in a six-month review. Chairman Meyer noted to the Commission that all the letters attached to the Staff Comment.Sheet were, in fact, from the same address. Commissioner Campos as how close this activity is proposed to the mobilehome park, and if there was any information available regarding the trip ends for this type of operation. Mr. Kee noted that there is a landscape buffer between the park and the drive-in screen area of approximately 25 feet. Mr. Helms stated that he did not have triP-end information at this point. Chairman Meyer declared the public hearing open and invited anyone in the audience to speak for or against this item. Mr. Jack Haigh, applicant, noted that he manages both the Winchester Drive-In and the Capitol Drive-In. Mr. Haigh stated that he is in agreement with the conditions of approval, except the suggested change in the hours (from 7 a.m. to 9 a.m.). He stated that the early hours are needed to get the sellers i'nto the area and let them get set up for buyers who arrive later in the day. The normal hours for sellers to arrive is 7 a.m. Additionally, Mr. Haigh stated that he would make a commitment to police the trash situation; he was not aware there was a problem. Mr. Kee noted that Staff's main concern with the early starting time was with possible noise inflicted on the mobilehome park residents, and that is why the 9 a.m. starting time was proposed. -7- Commissioner Kotowski asked Mr. Haigh how much experience he has had with this type of operation, and how much noise can be generated. Mr. Haigh responded that his company has the Capitol Drive-In in San Jose, as well as one in Reno and one in Solano. He indicated that the noise generated by this type of operation was not much; and, if the opening for sellers is held off until 9 a.m., there will be a line-up of vehicles because the sellers like to get to the grounds early to get located. Mr. Haigh stated that he has not had any problems with his other operations. Regarding the trash situation, Mr. Haigh stated that the drive-in personnel had been cleaning up trash, and should still be doing so. He noted that he would speak to the theater manager immediately, and apologized for any problems. Commissioner Kotowski asked if there would be an auction at this flea market. Mr. Haigh stated there would not be. Commissioner Campos asked how alcoholic beverages would be controlled. Mr. Haigh stated that there would be no alcoholic beverages sold, and there is security staff on the premises at all times. Commissioner Dickson asked how the difference between buyers and sellers is determined. Mr. Haigh stated that the sellers come early and are assigned certain areas of the grounds on which they may park and set up their stalls. They are also registered at the gate and given sellers passes which identify them as such. Mr. Hugh Verasa, who has a business at 559 Westchester Drive, stated that he has noticed the trash problem and that usually his people pick it up on Monday morning. He would appreciate the drive-in taking care of this problem. He continued that his observation of the Capitol Drive-In operation is that people will not pay for parking on-site but will park on the street. There is also vandalism in the area, especially at night. Mr. Verasa also requested some security assurance in regard to the vandalism. He added that he has a good relationship with the theater and its management. Chairman Meyer asked if the buyers pay to enter the flea market or to park their vehicles. Mr. Haigh stated that buyers pay ~D admission fee.and park~oD]the. Dremises, and there is no reason for anyone to park outside the theater. He added that the Darkina lavout will be wherever the Police Department determines it to he. Mr. Arthur Burton, 879 McGlincey Lane, stated that he has removed quite a bit of trash from the area, especially in the summer months. In the past, the theater has had people picking up trash, but he has not seen this done for several years now. He added that the policing of the trash situation would help. -8- Commissioner Kotowski indicated that he is not so concerned about the possible trash from the flea market use, as he is about the trash left in the area by the theater patrons. No one else wishing to speak, it was moved by Commissioner Kasolas, and seconded by Commissioner Howard, that the public hearing be closed. Motion carried unanimously (7-0-0). Discussion Commissioner Dickson stated that he would like additional information from Staff regarding the traffic; and, he was also concerned about the hours in relation to the noise inflicted on the mobilehome park residents. Commissioner Kasolas noted that Staff's concerns could be addressed by having a three-month review if necessary. The Commission has had many dealings with this applicant in the past, and he has been very accommodating. This is a 22 acre site which is vacant all day, and the proposed use seems to be appropriate. He added that he was comfortable with the parking layout and the fact that most of the sellers would be congregating around the snack bar area. Motion It was moved by Commissioner Kasolas, and seconded by Commissioner Howard, that UP 82-25 be approved with the hours of operation from 7 a.m. to 4 p.m., a three-month review, and the remainder of conditions as listed in the Staff Comment Sheet. Discussion on Motion Commissioner Dickson stated that he was in disagreement with the motion due to traffic problems in the area. Commissioner Kotowski noted that the evening movies all start at a specific time with all the traffic converging in the area at once, whereas the flea market patrons would be arriving at staggered intervals. He added that the Commission may not have full information for a decision on this item. Commissoner Campos expressed concern with the 7 a.m. starting time, noting that this was extremely early for the mobilehome park residents. He felt that there was not enough information on traffic, as well as methods for controlling alcoholic beverages and vandalism. Commissioner Fairbanks expressed concerns regarding the hours of operation, as well as traffic. She noted she would be inclined toward a continuance of this item. Commissioner Howard noted that the flea markets he was familiar with were well operated, with a minimum of noise and traffic problems. It is his understanding that the drive-in access is controlled and sellers are not allowed to enter until 7 a.m. He added that he is in agreement with the motion. Commissioner Kotowski requested additional information regarding traffic. -9- Commissioner Howard noted that the requested traffic information could be presented at the proposed three-month review, thereby allowing Staff ade- quate time to accumulate needed data. Vote on Motion AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Kasolas, Howard Dickson, Kotowski, Campos, Fairbanks, Meyer None Motion fails (4-2-0). Motion It was moved by Commissioner Kasolas, and seconded by Commissioner Kotowski, that UP 82-25 be continued to the Planning Commission meeting of January 11, 1983. Motion carried unanimously (7-0-0). ITEM NO. 8 STAFF COMMENT SHEET - PLANNING COMMISSION MEETING OF DECEMBER 14, 1982 UP 82-25 Haigh, J. Public hearing to consider the application of Mr. Jack Haigh on behalf of Syufy Enterprises for a use permit to allow a flea market to be operated on weekends between the hours of 7 a.m. and 4 p.m. on property known as 535 Westchester Drive (Winchester Drive-In) in a M-I-S (Light Industrial) Zoning District. STAFF RECOMMENDATION: That the Planning Commission adopt a resolution approving this application, subject to the attached conditions. STAFF DISCUSSION: The applicant is requesting approval of a use permit to allow the operation of a flea market at the Winchester Drive-In. The flea market would be operated on weekends between 7 a.m. and 4 p.m. Attached for the Commission's review are the operating procedures as proposed by the applicant. One of Staff's concerns is the effect of noise from the flea market on the Paseo De Palomas Mobile Home Park, adjacent to the drive-in on the east. The applicant has indicated that there will be no loud speaker system and that parking will not be immediately adjacent to the mobile home park. Staff is also recommending that the start of the flea market be changed from 7:00 a.m. to 9:00 a.m. With these conditions, noise impact should be minimal. It is Staff's opinion that the use should not create major traffic problems, as incoming and outgoing traffic will not be concentrated at a certain time but rather spread out over the day. In general, Staff believes that the use is acceptable and should not be detri- mental to the area; however, Staff is recommending a six month review of this use. Several letters have been received pertaining to this item, and these are attached for the Commission's review. CONDITIONS OF APPROVAL: UP 82-25 APPLICATION OF: Haigh, J. Page 1 PC MTG: 12-14-82 Planning Department: l) The hours of operation are 9:00 A.M. to 4 P.M., Saturday and Sunday. 2) There shall be no loud speaker system in use at any time. 3) Directional signs shall be placed on the theater premises only. All signs must be approved by the Planning Director. 4) No alcoholic beverages shall be allowed on the premises. 5) Use to be reviewed by the Planning Commission in six months. Police Department: 1) Parking area at Theater #2 to be filled first, and Theater #4 parking used when needed. 2) Signs to be placed at all entrances specifying that no alcoholic beverages will be allowed on the premises. City of Campbell Planning Commission This letter is in regard to the proposed Flea Market at the Drive-In Theater located at 535 Westchester, Campbell, California 95008. Operating Procedure - Flea Market Sellers bring their wares in, pay their selling fee, and obtain an inventory form which must be filled out as required by State law, and turned in to Management. Management delivers form to local Police Dept. (Copy Attached) Buyers enter and pay admission fee and park on premises. The hours of operation are every Saturday and Sunday, 7:00 A. M. - 4:00 P.M. We propose to make no structural changes in the property. Directional signs will be placed on the theater premises only. They will be put out each Saturday and Sunday morning and will be picked up each evening. 5. There will be no loud speaker system in effect at any time. 6. Clean-up personnel will commence clean-up procedures at 4:00 P.M. each Saturday and Sunday. No alcoholic beverages will be allowed to be sold on the premises at any time. fllti i n trrr! ranriarn. I41II3 413 343- II I fi BELL DEVELOPMENT 879 McGlincey Campbell, CA 95008 Telephone: 377-4280 Dec. 8, 1982 City of Campbell re: SYUFY PLEA MARKET 75 N. Central UP 82-25 Campbell PLANNING COMMISSION WE OBJECT TO THE PROPOSED "PLEA MARKET" . . Steve Boyd, partner I~ITy PLANNING BURT DEVELOPMENT 879 McGlincey, Campbell, California (408) 377-4280 December 6, 1982 PLANNING COMMISSION 75 north central Campbell, Ca. This letter is our OBJECTION of the proposed FLEA MARKET as requested by Syufy Enterprises . We do not need any more BROKEN BOTTLES, POPCORN and OTHER TRASH to clean up from our property adjacent to the Drive in ... Best regards, Arthur R. Burton, partner.. D£C7 1982 CITY DF PLANNING D£PAP. Tlv!£NT BURTON CONSTRUCTION CO. 879 McGlincey ' Campbell, California 95008 Telephone 377-4280 December 6, I982 CITY OP CAMPBELL 75 North Central Campbell, California. PLANNING COMMISSION re: UP 82-25 The purpose of this letteris to OBJECT TO THE PROPOSED FLEA MARKET. The "customers" from SYUFY delve in theater leave enough mess for us to clean-up, WE DO NOT NEED ANYMORE MESS TO CLEAN-UP. Sincerley, Arthur R. Burton p.s. In the past SYUFY used to have their people clean up the TRASH from the adjacent properties .... This has been discontinued.. t)t C 7 1982 I~I_AN NiN ~ ID EPA[~'¥ h,i Et~T General Building Confracfors 879 McGlincey · Campbell, California 95008 Telephone 377-4280 December 6, 1982 PLANNING COMMISSION CITY OF CAMPBELL 75 N. Central Campbell, California.. WE OBJECT to the PROPOSED FLEA MARKET per "UP 82-25".. Jean W. Burton, pres. BELL DEVELOPMENT 675 NORTH F~RST STREET SUITE 1 10 SAN Jose. CAUFOnNIA 95112 PhoNE 287-7900 December 6, 1982 City of Campbell 75 N. Central Ave. Campbell, Ca. PLANNING COMMISSION Regarding the PROPKSED WE WANT TO OBIECT The entire McGllncey to clean-up the additional trash FLEA MARKET by area allready from the patrons of the Syufy Enterprises from a "FLEA has enough TRASH drive-in WITHOUT MARKET".. Tom Towe, mgr. of McGlincey property.. El I TY O F C,~x L: ~ ' .:~ .12 ~_ ~. I City of Campbell Planning Commission This letter is in regard to the proposed Flea Market at the Drive-In Theater located at 535 Westchester, Campbell, California 95008. Operating Procedure - Flea Market Sellers bring their wares in, pay their selling fee, and obtain an inventory form which must be filled out as required by State law, and turned in to Management. Management delivers form to local Police Dept. (Copy Attached) Buyers enter and pay admission fee and park on premises. The hours of operation are every Saturday and Sunday, 7:00 A. M. - 4:00 P.M. We propose to make no structural changes in the property. Directional signs will be placed on the theater premiaes only. They will be put out each Saturday and Sunday morning and will be picked up each evening. There will be no loud speaker system in effect at any time. Clean-up personnel will commence clean-up procedures at 4:00 P.M. each Saturday and Sunday. No alcoholic beverages will be allowed to be sold on the premises at any time. t.]132 iaaian trrrt att ranriara, /Z2X g41[I3 415 543-31313li