Pedestrian Easement - 1999City of Campbell -- Community Development Department
70 N. First Street, Campbell, CA 95008
MEMORANDUM
To:
From:
Subject:
File
Tim J. Halcy, Associate Planner
Meeting with Homeowners Representatives
Date: June 16, 1999
This note summarizes comments of June 15, 1999 meeting and staff's recommendations in response to the representatives
comments.
The locking mechanism shall be removed and the door way and fence shall be retained for a one year period. This period will
allow the monitoring of usage and problem associated with the easement. At that lime, the association will evaluate the merits of
retaining the easement or pursuing its abandonment.
June 14, 1999
CITY OF CAMPBELL
Community Development Department · Current Planning
William J. Garbett
THE PUBLIC
P. O. Box 36132
San Jose, CA 95158-6132
Dear Mr. Garbett:
Please accept this note as an acknowledgment of your letter dated May 24, 1999, to the
Mayor and City Council, wherein you express your opinion regarding the City's request to
have the Hamilton Down Homeowners Associations remove a door/gate along the north
property line of the subdivision. The City is working with the homeowners association
towards that end by returning this pathway to a public access way.
In the event a public heating is scheduled to abandon or vacated this easement, you will be
duly notified.
Thank you for your interest in protecting this public easement.
Tim Haley
Associate Planner
CC~
City Council
Bernard Strojny, City Manager
Anne Bybee, City Clerk
Steve Piasecki, Community Development Director
Robert Kass, Public Works Director
William Seligmann, City Attorney
70 North First Street . Campbell, California 95008.1423 - T~L 408.866.2140 · F^X 408.866.8381 · -nvD 408.866.2790
RECEIV£
HAY 2 5 1999
CiTY CLERK'S 0FFICB
City Clerk
' T.H.E.P.U.B.L.I.C.
P. O. Box 36132
:(San Jose, CA 95158-6132
City of Campbell
70 North First Street
Campbell, CA 95008-1423
FOR THE PUBLIC RECORD
Mayor and City Council:
May 24, 1999
Administrative action request by staff is proper
[Letter, May 21, 1999]. Collateral estoppel is requested
based upon identical right of way issue previously under
California Environmental Quality Act (CEQA). However, the
second paragraph shows typical duplicity of government. It
states facts not yet in evidence to direct nullification of
the first paragraph. These are the result of bad faith
actions or tactics that are frivolous or solely intended to
cause unnecessary delay. CCP 128.5.
The Hamilton Downs Homeowner's Association has no more
right than any public member seeking abandonment or vacation
of easement. Return to the party that dedicated the land or
public auction for surplus land are required remedies. THE
PUBLIC would seek rededication if successful in acquisition
after bad faith sale. Unilateral capricious and arbitrary
closure of a public right of way is untenable.
The public right of way has a significant effect on the
environment for transportation and traffic circulation. It
is not a ministerial act nor can it be rebutted by a
negative declaration. CEQA process could trigger demolition
of obsolete housing stock for general plan change, an
essential nexus for redevelopment.
THE PUBLIC requests specific notification of any
hearings or action on this specific right of way. We are
prepared to litigate any diminishment of the right of way
affecting important rights of public interest [CCP 1021.5].
Since a general plan change is not anticipated, no new set
of facts arises. We support continuation of the right of way
as a significant public benefit.
Respectfully~ /5
William J. Garbett
for THE PUBLIC
Enclosures
CITY OF CAMPBELL
Community Development Department · Current Planning
May 21.1999
Mr. Gordon Fretmd
PMSI
1760 Solano Avenue
Berkeley, CA 94707
Re: Gate Inst~!!stion- Hamilton Downs Lots 14 and 15
220 E. Hamilton AvenuefFract 4908
Dear Mr. Frcund:
It has come to the attention of the Planning Department that a locked door/gate has been installed in the opening
along the northern boundary of thc above rcfcrc~ subdivision. This installation precludes free public access as
requixed in a public sen4ce easement. Consequently, you are requested to have rite home owners association
remove thc locking mechanism and gate so thaX this passage way may be used by the general public as it was
originally designate~ Your efforts in returning this pedestrian walkv, W to its original condition axe appnxiated
and should be accomplished within 30 days on or before June 22, 1999.
The home owner's asso~_a0on may seek abandonment or vacation of this easomem by thc ~ City
Council. This requires the filing of appropriate al~plicatious tluxmgh our Public Wonks Depamm~t and the
consideration of this matter in a public fonm~ Harold Housicy, the Land Development Engineer in the Public
Works Department may assist you in outlining this process and application procedure. You may wish to solicit a
smffrecommendation prior to comnmad~4g this process.
Pleasc give mc a call, if you should have any questions n:garding this matter. I may be reached at (408) 866-
2144. ~
Sincerely,
Tim J. I.-hl~
Associate Planner
Harold Housley, Land Development Engineer
Nancy Blanchard, Hamilton Downs Homeowners Associatio~ 365 N. Third St. # 2
The Pubho, P.O. Box 36132, San Jose, CA 95158-6132
Sharon Fierro, Senior Planner
70 North First Street - Campbell, California 95008.1423 - TEL 408.866.2140 . FAX 408.866.8381 · TDD 408.866.2790
1
T.H.E. P.U.B.L.I.C.
P. O. Box 36132
San Jose, CA 95158-6132
March 18, 1999
City of Campbell
Planning Department
70 North First Street
Campbell, CA 95008-1423
Barbara Schoetz Ryan:
Today, a concern was addressed to you concerning public
right of way loss at Northern end of First Street. Ten-foot
wide public right of way is jointly shared at 287 and 297
Watson Drive; Santa Clara County Assessor's Parcel Numbers
(APN) 279-35-53 to 56 and APN 279-35-57 to 60 continuing
into APN 279-35-03 [Coco's Restaurant]. The public right of
way is more clearly shown on Page 279-36A of Santa Clara
County Assessor's Maps. The public right of way is part of
Hamilton Downs Tract Number 4908, North of Watson Drive and
First Street.
Public right of way has existed for over a hundred
years and may not be extinguished, since it runs with the
land. When the area was developed, extreme controversy
erupted over the interface of commercial and residential
property settled with a sound wall leaving public access.
The public hearing process initiated the City of Campbell to
California Environmental Quality Act (CEQA) controversy.
(William J. Garbett, et al, gave public testimony at that
hearing). Even the rerouting of downtown traffic and the
Winchester Theater hearings pale in comparison.
2
The unilateral capricious and arbitrary closure of a
public right of way without notice is inconceivable.
Occupying notoriously and continuously blocking the public
right of way to claim adverse possession for another five
years merely results in the Hamilton Downs Tract receiving a
fresh assessment, with the loss of Proposition 13 benefits.
Rumor of the closure circulated, with a claim that it would
be for limited hours and keys would be made available. The
unilateral total closure without published notice this past
week, is untenable. Any argument fails since all access has
been lost, without equal closure at the other end of public
right of way (Watson Drive). Residential access remains
unfettered while access to commercial property is lost via
public right of way. Only the opening in the six-foot sound
wall has been closed. The six-foot gap is narrowed to less
than 36 inches with the installation of a gated doorway. The
previous six by six foot opening is overshadowed by an eight
and a half foot gate architectural monstrosity mounted in
the center of a step.
Because of the value of the permanent attachment to
real property a building permit required public hearing,
since it was not a ministerial action and violated recorded
CC & R's. [Citizens for Covenant Compliance v. Anderson
(1995) 13 CA4th 1394, 16 CR2d 816]. Should Common Interest
Development Open Meeting Law be extended to the public
interest by publication for right of way under the open
meeting law for homeowners associations? (Civil Code Section
1363 and 1363.05). The public right of way was not a public
nuisance. The gated closure is unreasonable interference
dignified as a property right, and must be abated
administratively. The question has been asked and answered
twenty five years ago, and the issues are unchanged. Local
agencies are required to regulate and control the initial
design and improvement of common interest developments for
which tentative and final or parcel map is required.
[Government Code Section 66411].
Your administrative attention is requested with
immediate response requiring reopening the public right of
way unfettered. Since the steps have been permanently
damaged by mounting of a gate, restoration after removal
must require the steps and near by sidewalk be converted to
a ramp incorporating federal accessibility standards.
[Americans With Disabilities Act (42 USC 12101 et seq.) 76
Ops Atty Gen 130 (1993)]. This will mitigate damages without
civil action being necessary.
Respectfully,
for THE PUBLIC
CITY OF CAMPBELL
Community Development Department . Current Planning
May 21,1999
Mr. Gordon Fmund
PMSI
1760 Solano Avenue
Berkeley, CA 94707
Re: Gate Installation-Hamilton Downs Lots 14 and 15
220 E. Hamilton Avenue/Tract 4908
Dear Mr. Freund:
It has come to the attention of the Planmng Department that a locked door/gate has been installed in the opening
along the northern boundary of the above referenced subdivision. This installation precludes flee public access as
required in a public service easement Consequently, you are requested to have the home owners association
remove the locking mechanism and gate so that this passage way may be used by the general public as it was
originally designated. Your efforts in returning this txxlestrian walkway to its original condition are appreciated
and should be accomplished within 30 days on or before June 22, 1999.
The home owner's association may seek abandonment or vacation of this easement by the Camt~ll City
Council. This requires the filing of appropriate applications through our Public Works Depmmmnt and the
consideration of this matter in a public forum. Harold Housley, the Land Development Engineer in the Public
Works Department may assist you in outlining this process and application procedure. You may wish to solicit a
staff recommendation prior to commencing this process.
Please give me a call, if you should have any questions regarding this matter. I may be reached at (408) 866-
2144.
Sincerely,
Tim J. Haley
Associate Planner
Harold Housley, Land Development Engineer
Nancy Blanchard, Hamilton Downs Homeowners Association, 365 N. Third St. # 2
The Public, P.O. Box 36132, San Jose, CA 95158-6132
Sharon Fierro, Senior Planner
70 North First Street . Campbell, California 95OO8.1423 · TEL 408.866.2140 · FAX 408.866.8381 · Tm) 408.866.2790