238-246 Railway Ave. (84-19)
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CIT\ JF CAMPBELL
CAMPBELL, CALIFORNIA
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DATE
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THIS RECEIPT
MUST IE MACHINE
VAUDATED AND
SIGNED IELOW.
AUG 15-85
Am; 15-85
2011 **15,200.00
862011 A *lS,200.0G
BY
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CITY CLERK
0.. OTIZEN COPY
Thank You
CITY OF CAMPBELL
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RAILWAY DISTRIBUTING, INC.
264 RAILWAY AVENUE - CAMPBELL, CALIFORNIA 95008 - PHONE 866-9266
CITY OF CAMPBELL
70 North First Street
Campbell, CA 95008
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November 12, 1986
RE: Request for extention
Dear Sirs:
I would like to request a nintey (90) day extention on our land-
scape agreement with the City of Campbell, for the properties
located at 238 and 246 Railway Avenue.
We have already had our money posted for both the street improve-
ments and the landscaping and it is my understanding that the
street improvements are scheduled to be started early in 1987,
weather allowing. We would like to utilize the extention to
coincide our landscaping with your street improvements and there-
fore the street need not be torn up twice.
Your response is needed before November 27, 1986, on this situation
because this is when our landscape agreement expires. Thank you
for your consideration in this matter.
Very truly yours,
Vcr: S41t./~
Joe Salvador
cc: M. Woodworth
A. Kee
D. Valkenaar
K. Duggan
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264 RAILWAY AVE. . CAMPBELL. CALIFORNIA 95008 . (408) 866-9266
May 2, 1986
Honorable Michael Kotowski
Mayor of the City of Campbell
70 North First Street
Campbell, CA 95008
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Dear Mayor Kotowski:
At the City Council meeting April 1, 1986, The Council unanimously
adopted Chief Burr's proposal to post both sides of RailwaY Avenue
"No parking, No stopping". This move motivated me to move my
equipment and trucking operation to a new location, as I will no
longer be able to operate this portion of my business and meet the
city's requirements.
I have had some difficulty in finding a new location to suit my
buiness's needs. On May 1st, I found a location that will suit our
operational needs. This location unfortunately will not be available
for approximately forty-five (45) days, which will keep us at our
present location until June 15th, approximately. It would be impossible
to relocate my business in the remaining two weeks allotted.
I am asking for a thirty (30) day extension on the July 1st, deadline.
This would allow my company enough time to relocate in an orderly .
fashion and begin business from our new location.
In making Your decision please consider the size of my operation and
the short time I was given to relocate. Ninety (90) days is a very
short time to find a new location, close Escrow and make the move.
Even with the extension I will have accomplished this move in 120 days.
Given the size of my business operation, 7.5 million anual sales, this
is considered a very swift move.
Once again, thank you for your consideration and cooperation in this
matter.
Respectfully yours,
:::Joe ~t{/~
Joe Salvador
RAILWAY DISTRIBUTING, Inc.
cc: R. Doetsch
K. Duggan
A/ Kee
.,.d. Elliot
D. Burr
J. Ashworth
J. Watson
W. Podgersek
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A G R E E MEN T
THIS AGREEMENT (identified as No. ), made and entered
into this nth day of Allqllc:;t lqgl) , by and between
JOSEPH F. SALVADOR and NARDA"E. 'SALVADOR, hereinafter referred
to as "Owners," and the CITY OF CAMPBELL, a municipal corpora-
tion of the County of Santa Clara, State of California,
hereinafter referred to as "City."
WITNESSED:
WHEREAS, Owners applied to City for approval in order to
construct a parking lot and storage yard upon that certain
real property described by that certain Corporation Grant
Deed recorded May 21, 1984, and filed in Book I 557 of
Official Records at page 346 in the office of the County
Recorder, County of Santa Clara, State of California, which
property is hereinafter referred to as "said real property";
WHEREAS, at its regular meeting held June 4, 1985, the City
Council of City did consider said application and grant its
approval thereon subject to certain conditions thereof as
contained in Use Permit 84-19;
NOW, THEREFORE, IT IS MUTUALLY AGREED TO by and between the
parties heretin as follows, to wit:
(1) In lieu of providing, constructing and/or installing
upon Railway Avenue throughout the frontage of said real
property public street improvements consisting of, but not
limited to, standard City of Campbell curb, gutter, sidewalk,
driveway approaches, handicap ramps, pavement structure, offsite
storm drainage system, street lighting system, and street
trees, Owners shall, upon the execution of this agreement by
City, pay to City the sum of $15,200.00.
(2) Payment of said sum of $15,200.00 shall discharge Owners'
entire obligation with respect to said public street improve-
ments, and neither Owners nor their successors in interest
shall have any further obligation whatever with respect to
paid public street improvement.
(3) At such time as City shall determine that said public
street improvements are to be constructed and/or installed,
and irrespective of the reason for such determination, City
shall, at its sole cost and expense, provide and construct
and/or install all of said public street improvements.
-1-
(4) City shall prepare or cause to be prepared at its cost and
expense improvement plans for the construction and/or installa-
tion of said improvements. Plans shall be prepared by a civil
engineer registered by the State of California and submitted to
the City Engineer for examination and approval.
All of said improvements shall be constructed and/or installed
in accordance with those plans approved by the City Engineer and
shall be made under the supervision and inspection and to the
satisfaction of the City Engineer. Said construction and/or
installation shall be in accordance with the existing ordinances
and resolutions of the City of Campbell and all plans, specifi~
cations, standards, sizes, lines and grades approved by the City
Engineer, and all State and County statutes applicable thereto.
(5) The construction work of the improvements embraced by
this agreement shall be done in accordance with the specifica-
tions of the City of Campbell and Sanitation District No.4
of Santa Clara County, where indicated.
(6) Owners ahll have no obligation to pay any sum to City for
examination of improvement plans, field inspection of construc-
tion of improvements or any other necessary expenses incurred
by City in connection with said improvements.
(7) City will correct any defects which may appear in said
improvement work within one (1) year from the date of accep-
tance of the work by City and pay for any damage to other work
resulting from the construction thereof, as well as pay the
cost of all labor and materials involved.
(8) City shall pay to Pacific Gas and Electric Company any and
all fees required for installation of underground wiring circuit
to all electroliers within said real property when City is noti-
fied by Pacific Gas and Electric Company that said fees are due
and payable.
(9) City shall indemnify and save harmless Owners from any
suits, claims or actions brought by any person for or on account
of any injuries or damages to person or property sustained or
arising in the construction or installation of said improvements
due to any acts, omissions or negligence of City, its officers,
agents, employees or contractors.
(10) The obligations undertaken by City hereunder shall be
deemed to be covenants running with said real property and
shall inure to the benefit of Owners' successors in interest.
IN WITNESS WHEREOF, said City has caused its name to be
affixed by its Mayor and City Clerk, who are duly authorized
by resolution of the City Council, and said Owners have
-2-
caused their names to be affixed the day and year first
above written.
CITY OF CAMPBELL
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360!;;:W:1 (" Mayor
Anne G. Coyne ~ Clerk
OWNERS:
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JOSEPH F. SALVADOR
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NA DA E. SALVADOR
(Notary certificate)
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day of
a?~
, 1985, before me, Anne G.
On this
Coyne, City Clerk, City of Campbell, California, personally
appeared kr^- ~ '-/)~~
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personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons whose names are subscribed to the
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~,,{/~ d~ executed the same.
(they) ~
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within instrument and acknowledged to me that
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Campbell, California.
-A~C~~ ~CLEHK
RESOLUTION NO. 7015
BEING A RESOLUTION AUTHORIZING
AGREEMENT WITH JOSEPH F. AND
NARDA E. SALVADOR
WHEREAS, Joseph F. and Narda E. Salvador have submitted to
the City Council of the City of Campbell an agreement which
covers certain conditions of approval of the development of
their real property at 238 and 246 Railway Avenue;
NOW, THEREFORE, BE IT RESOLVED by the City Council that the
Mayor be, and he is hereby, authorized to execute said agree-
ment on behalf of said City.
PASSED AND ADOPTED this 6th
1985, by the following vote:
day of
August
AYES: Councilmen:
Chamberlin, Doetsch, Podgorsek, Ashworth
NOES: Councilmen:
None
ABSENT: Councilmen:
Kotowsk i
APPROVED:
Ma yo r
ATTEST:
(~fl~
Anne G. Coyne C' y Clerk
'H" ;('",,'-:--~"J('J INSTRUMENT IS A TRue
I ";'.,' ( OF THE ORIGINAL
: f , :00>fICE.
" ' "r. A 'J:" G, CO'{NE, CITY CLERK
c.. '(];;BELL' CALlF::!f /;",,-,, 1, 7
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DATED f -I.~ - f;;,) ,
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department:
Planning
JlIDe 25, 1985
Mr. Joe Salvador
1826 Comstock Ln.
San Jose, CA 95124
RE: UP 84-19
238 & 246 Railway Ave.
Dear Mr. Salvador:
Please be advised that at its meeting of June 4, 1985, the City
Council ratified the above referenced use permit allowing the
development of a storage area and parking area on the above re-
ferenced property. This approval is subject to the conditions of
approval attached to Resolution No. 2323 with amended conditions
#3 and #15. Please note that condition 20 of this approval re-
quires that all conditions of approval be satisfied on or before
September 5, 1985 or this use permit shall become void.
Additionally, please note that condition 1 of this approval re-
quires the submittal of a revised plan indicating additional land-
scaping and relocation of fencing.
If you have any questions regarding this approval, please do not
hesitate to contact the Planning Office.
Sincerely,
ARTHUR A. KEE
PLANNING DIRECTOR
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TIM J. HALEY d
PLANNER I I
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cc: Arme Coyne, City Clerk
Fire Dept.
Public Works Dept.
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RESOLUTION NO. 2323
PLANNING CO~~ISSION
After notification and public hearing as specified by law on the
application of Mr. Joe Salvador for a use permit and plans to allow the
construction of a parking lot and storage yard located on property known
as 238 & 246 Railway Avenue in a PD (Planned Development/Industrial)
Zoning District, as per the application filed in the Office of the
Planning Department on December 18, 1984, and after presentation by the
Planning Director, proponents and opponents. the hearing was closed. (UP
84-19)
After due consideration of all the evidence presented, the Commission did
find as follows:
That the establishment, maintenance, and operation
of the proposed use will not be detrimental to the
health, safety, peace, morals, comfort or general
welfare of the persons residing or working in the
neighborhood of such use, or be detrimental or
injurious to property and improvements in the
neighborhood or the general welfare of the City.
Based on the above findings, the Planning Commission does hereby grant the
requested use permit subject to conditions listed in the attached Exhibit
A.
The applicant is notified as part of this application that he is required
to comply with all applicable Codes or Ordinances of the City of Campbell
and the State of California which pertain to this development and are not
herein specified.
USE PERMIT SHALL NOT BECOME EFFECTIVE UNTIL RATIFIED BY THE CITY COUNCIL.
PASSED AND ADOPTED THIS 12th day of March, 1985 by the following roll call
vote:
NOES:
ABSENT:
Commissioners:
Commissioners:
Kasolas, Perrine, Ch~ist, Howard,
Toshach, DiCkson, Fairbanks
None
None
AYES:
Commissioners:
APPROVED: JoAnn Fairbanks
Chairman
ATTEST: Arthur A. Kee
Secretary
I
ANDITIONS OF APPROVAL: vi;- 84-19
APPLICANT: SALVADOR,~.
SITE ADDRESS: 238 ~ 246 RAILWAY AVE.
P.C. HTG. MARCH 12, 1985
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The applicant is notified as part of this application that he/she is
required to meet the following conditions in accordance with the
Ordinances of the City of campbell and the Laws of the State of
California.
1. Revised site plan indicating additional landscaping and fencing to be
submitted to the Planning Department and approved by the Planning Director
upon recommendation of the Architectural Advisor prior to application for
a building permit.
2. Property to be fenced and landscaped as indicated and/or added in red
on the plans. Landscaping and fencing shall be maintained in accordance
with the approved plans.
3. Landscaping plan indicating type and size of plant material, and
location of irrigation system to be submitted to the planning Department
and approved by the Site and Architectural Review Committee and/or
Planning Commission prior to issuance of a building permit.
4. Fencing plan indicating location and design details of fencing to be
submitted to the Planning Department and approved by the Planning Director
prior to issuance of a building permit.
(} 5.
Applicant to either (1) post a faithful performance bond in the amount
of $1,000.00 to insure landscaping, fencing, and striping of parking
areas within 3 ~nths of completion of construction; or (2) file written
agreement to complete landscaping, fencing, and striping of parking
areas. Bond or agreement to be filed with the Planning Department prior
to application for a building permit.
6. All parking and driveway areas to be developed in compliance with
Chapter 21.50 of the campbell Municipal Code. All parking spaces to be
provided with appropriate concrete curbs or bumper guards.
7. Sign application to be submitted in accordance with provisions of the
Sign Ordinance for all signs. No sign to be installed until application
is approved and permit issued by planning and Building. Departments
(Section 21.68.030 of the Campbell Municipal Code).
8. Ordinance No. 782 of the Campbell Municipal Code stipulates that any
contract for the collection and disposal of refuse, garbage, wet garbage
and rubbish produced within the limits of the City of Campbell shall be
made with Green Valley Disposal Company. This requirement applies to all
single-family dwellings, multiple apartment units, to all commercial,
business, industrial, aanufacturing, and construction establishments.
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~NDITIONS OF APPROVAL: UP 84-19
,APPLICANT: SALVADOR, J.
SITE ADDRESS: 238 & 246 RAILWAY AVE.
PAGE 2.
/
9. Trash container(s) of a size and quantity necessary to serve the development
shall be located in area(s) approved by the Fire Department. Onle.. otherwise
noted, enclosure(s) shall consist of a concrete floor surrounded by a solid
wall or fence and have self-closing doors of a size specified by the Fire
Department. All enclosures to be constructed at grade level and have a level
area adjacent to the trash enclosure area to service these containers.
10. Applicant shall comply with all appropriate State and City requirements for
the handicapped.
PUBLIC WORKS DEPARTMENT
11. Process and file a parcel map to combine two lots.
12. Provide a copy of the preliminary title report.
13. Pay storm drainage area fee of 1417. ) ~'-!
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14. Dedicate right of way to 30 feet from centerline along RAilway Ave.
15. Install street improvements across the frontage of the property and post
surety to guaranty the work.
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16. Obtain an excavation permit, pay fees and deposit for all work in the
public right of way.
17. Driveway approach is to be a m1n1mum of 25 feet wide and utility pole and
fire hydrant are to be relocated from the driveway approach area.
BUILDING DEPARTMENT
lB. Minimum 2" A.C. paving required over 95' compaction. Provide for in lot
drainage.
FIRE DEPARTMENT
19. Fire Department requirements will be based on the type of materials to be
stored in the storage yard. Please specify.
PLANNING DEPARTMENT
20. All conditions of approval to be satisfied and final clearance received
within 90 days of final approval, or use permit shall be void.
21. Parking area not to be used for storage of materials or supplies.
PLANNING C<J.tUSSICl-i
22. Use penni t shall expire three years from the date of City Cotmcil approval.
Property shall be vacated at such time, tmless approval to continue is granted.
* * *
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FILE NO.: UP 84-l~
APPLI CANT: Sal vador, J.
SITE ADDRESS: 238 & 246 Railway Ave.
AMENDED CONDITIONS OF APPROVAL - City COlIDcil meeting of J)JI1e 4, 1985
Condition No. 3 - "Landscaping plan indicating type and size of plant
material, and location of hose bib (to be substituted
for a permanent underground irrigation system) to be
submi tted to the Planning Department and approved by the
Site and ArChitectural Review Commattee and/or Planning
Commassion prior to issuance of a building permit."
Condition No.lS - In lieu of street improvements, applicant to enter into
an agreement with the City specifying that the street
improvements be constructed at some time during the three
year term of the Use Permit; that a cash deposit for the
full amolIDt of improvements be posted at the time of agree-
ment with an "on-call" provision to secure construction
costs at the time called for; and that recordation of the
agreement on the deed be required in the event the property
is sold at a future date.
CITY COL'NCIL
(
JUAT[ 4, 1985
DEFERRED ITEMS
Planning Department -
Hinute Action -
ratification of
approved Use Permit -
238 & 246 Railway
Ave. - UP 84-19 -
J. Salvador
(Cont'd. 4/2/85 &
5/21/85)
Principal Planner Stafford - Report dated June 4, 1985.
Joe Salvador, 264 Railway Avenue, Campbell, appeared
before the Council, and requested an amendment to Condition
#15, which would require the installation of street
improvements. Mr. Salvador indicated that he is willing
to enter into an agreement to guarantee the street improve-
ments at some future date and is agreeable to posting a cash
bond at this time.
Following discussion, M/S: Podgorsek, Chamberlin - to uphold
staff recommendation ratifying approved Use Permit for
property known as 238 & 246 Railway Avenue, UP 84-19, with
revised Condition #3 allowing for the substitution of a hose
bib in lieu of a permanent underground irrigation system.
Motion failed by the following roll call vote:
AYES Councilmembers: Chamberlin, Podgorsek
NOES Councilmembers: Kotowski, Doetsch, Ashworth
ABSENT: Counci1members: None
M/S: Kotowski, Doetsch - that the City Council ratify
approved Use Permit, UP 84-19, 238 & 246 Railway Avenue,
subject to the following revised Conditions of Approval:
#3 - A hose bib may be substituted for a permanent under-
ground irrigation system; and
C15 - In lieu of street improvements, applicant to enter
into an agreement with the City specifying that the street
improvements be constructed at some time during the three
year term of the Use Permit; that a cash deposit for the
full amount of improvements be posted at the time of agree-
ment with an "on-call" provision to secure construction
costs at the time called for; and that recordation of the
agreement on the deed be required in the event the property
is sold at a future date. Motion adopted by the following
roll call vote:
AYES Councilmembers: Chamberlin, Kotowski, Doetsch,
Ashworth
NOES Councilmembers: Podgorsek
ABSENT: Councilmembers: None
M/S: Doetsch, Kotowski - to accept the Negative Declaration
which has been prepared for this project. Motion adopted
unanimously.
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· ~:: 00 PUBLIC HFARING HELD BEFCRE PLANNING
l- - j ,cn.t.rrSSlOO (}J 3/12/85. RES. NO. 2323 \
=~' REC APPROVAL PARKING lDT & SI'ORAGE f
~~ ,. --r- -k;AREA. UP 84-19 (VOTE: 7-0-0) ~..~ '
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