535 Westchester Dr. (69-79)
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Mayor and City Council
City of Campbell
75 No. Central Avenu~
Campbell, Cal ifotn!)
Gentlemen:
We have revi;::>'vcd the minutes of your meetings regarding the appeal of Syufy
Enterprises, Re: Zone Change R-3-S to M-l-S. In our opinion, your decision
to uphold the appellant in this ~atter is without proper foundation and
places the future development of Campbell in grave jeopardy. A situation
such as this is untenable and should not be taken lightly.
Your resolution does not contain any reasons specifying wherein the
Planning Commission erred in its decision to deny the zone change. The
denial was based on the Use Element of the General Plan, the Specific
Neighborhood Plan, and the incompatibility of the intended use with the
adjacent area. To disregard these factors, violGtes basic planning princi-
ples and sound zoning practices.
As you should know, the Use Element of the General Plan is a product of
extensive studies, involving long hours by many people. The Plan was then
subjected to thorough reviel;J at public hearings at both the Planning Com-
mission level and the Council level. By resolution of the City Council,
the Use Element was then adopted to serve as a guideline for the orderly
development of the City. By ignoring the existance of this document in
your recent action, one can only conclude that Campbell is destined for
such random development which suits the whim of a fe~v people at a particular
time. Decisions without proper deliberation do a disservice because they do
not provide guidance to the citizens, nor to those bodies whose function is
to advise.
The importance of the Specific Neighborhood Plan contains the same reasons
described above for the Use Element of the General Plan. Obviously, the
impact your decision has on this Plan is to create doubt regarding the
validity of those thought processes associated with the development of the
entire Plan. The wisdom of the public bodies who adopted these plans has
been set aside by a muted vote.
Due consideration to the compatibility with adjacent areas may be readily
found in the Campbell Zoning Ordinances. Inherent in any zoning matter is
the importance of the health, safety or peace of persons in the area. Can
the preponderance of evi~ence established relative to this, during the
hearings on this matter, have been overlooked by any person who has been
attentive to the proceedings?
2
Your present decision on the appeal transcends the reasonable situation
wherein impartial V:t] ic bodies []lay have val jd differences of opinion. It
is felt that IOU have fai led in your respon~ibility to make your reasons ~or
that decision known. Should this oversight have been taken inadvertantly,
it is respectfully requested that the situation be clarified at the earliest
possible time.
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PLANNING DEPARTMENT
CITY OF CA~'!PBELL
75 NORTH CENTRAL AVE~UE
CAMPBELL, CALIFORNIA
DATE:
J Pill,) ~
I.,r;; 1. " 7 I
CONDITIONS ATTACHED TO "5'; APPROVAL OF PLANS OF
>; .Y~! l' Y J! L t~. 7-: t :- j ~~.: t\ ~.:;' T r ~ c "'"
, FOR CONSTRUCTION OF a
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TO BE LOCATED AT: "
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CONDITIONS:
Cm~~JTTtcH'S OF APPKdV:d. ATTACl f', j
Section 9316.1 of the Campbell Municipal Code reads as follows:
Any approval granted upder this section shall expire one hundred eig~ty
(180) days after the date upon which such approval was gr~nted) unless
an extension for such apllyoval is obtained by making h'ritten applicatiii',
for sa;re to the Planning Conmission at least fifteen (IS) di:-1YS prior to
the expiration d2te of such approval.
No building permit shall be issued after the e~:piration date of any
approval until H nCI\" -;pproval has been obtained in the manner provi(l8tL
for in this Chapter.
GRANTED BY THE CITY OF CA1.1PBELL PLA~~NING CO?,j\1I5SIO;'J AT It REGULi\R i.IEETL<C;
HELD ON THE 5th
.laHUI-I.ry, P\111
DAY OF
CITY 0:': CA~!PBE LL PL..\;,JN n;c CO:,I1.!I SS IOn
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- ARIHUi~ KU:1 SEc;1{t,T!~l~Y
"S" 69-79
1. Property to be fenced and 1~nd5c2ped as indicated 2nd as
added in "I' on plans.
2. Enclosures consisting of a concrete floor surrounded by a 6'
high wa.ll or fence shall be constructed to house tr2.sh con-
tainers in areas c.pp:::ovcd by the PlanninE Director and Fire
Department.
3 L 1 l' 1"' f "
. anascape p_an Intlcatlng type 0 plant materIal, location of
hose bib or sprinkler sjstem and type of fencing to be submitted
to" tl~,? PIC'":~nii:g Director for approv21 prioT to issuance of a
bUll<1lfl.6 VC: :,-:'1 t.
4.
~lain tC!l2.!1CC
sC2.pe pl:::n.
Or:: 1~~,1~-"nl"n~
1... .i (..'..t L u':::' ',- ""' 1 __..... ~
In accordance with approved land-
..
5. Fai thftil Per fOElance Bond to insure fencing, striping of
parking are~s, type of plant m2tcrial and location of hose
bibs or sprinkler system to be determined by the Planning
Commission at the time of approval of landscape plans.
6. Access shall be provided at no cost to the City.
The applicant is notified as part of this application that he is
required to meet the follO\dng condi tioEs in o.ccord3TlCe \d th Orcli nc;nces
of the City of Campbell.
A. Applicant to furnish addition2.1 elev2.tions of recreation
building. revised plans for und~Tground p~rking in residential
units and elsY3.tions of ca.rports \.;hich meet requirements of the
Campbell nunicipal Code Cl.nd pl2.ns sho'.1ing roof recre2..tioIl ,neas.
B. Water lines and fire hydrants shall be installed to provide
the buildings ,.;itll fire protection. (Contact shou]d be made
with the Fire Department as to location of water mains and
fire hydrants.)
C. All fire extinguishers shall be installed in fire extinguisher
cabinets.
D. All parking and driveway areas to be developed in compliance
with Section 9319 of the Canlpbell ~.lunicipal Code.
E. Underground Utiljties to be provided as required by Section
9110.6 of the Car-,pbell ~'!unicipal Coe18.
F. Plan:: submitted to the building department for plan check
shall indicate clearly the loca:ion of all connections for
undergro~nd utilities including water, sewer, electric, tele-
phone and television catlcs, ctc.
G. Sign applic;1tion to be subi'Ll.rtec1 in accoHlance ,i'i th p'oyisions
of the si~a o:"dinJ.T:cc fOl: all siG..ns. ~o siqn to be instcdlej
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untIl appllc~ctlCj: 15 2PprO'.'c;e' :Cl:G p::'r;:i t issued by the builjing
dep2l i tr~'2r~ t.
H . F i L; t 1 e '.'.:: 1 p :.-r kin ~~ ;:.>" C (2 t 0 beT y pel con s t rue t j 0 n .
I. Applicant to provide evidence of satisfactory access to
proposed residential develbpmcnt.
The applicant is notified that he shall comply with all applicable
Codes or Ordinances of the City of Campbell which pertain to this
development and arc not herein ~pccified.
~
GEORGE S. ~TOLTE & HSSOCIAT.sS
1731 No. 1st St.
San Jose, Calif.
Dec. 10, 1969
Job No. 654-66-1
DESCIZ IPlIIOi-r
All that
State 0 f
certai.n rea:. ~~=~:~:v
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c.:;. J...._ .L.. _.l. ~c_, --...~-- -- - --'~o
situate i~ t~e County o~, Santa Clara,
ffiore part~cular1y descrlDed as follows:
BEGINNING at the .7tOS 1: e2.S C-2l:1y COLler of the<. t c erta in Rec ord of Survey
for Tll'''''ce~r R':'J'-""' :- ....,,-n ("1= r-1...,icn ;..., ~ne~;n ""onk 21/' o.c: ~/apc: at n'lCfe>
.-..,' il 1.1 _ ~.~lL~~' ~ --1. ......;.:_~ ....;.\..L. .'.'~LL 1.. J..~ J.. _...L.. '-it .~:'l D,~ _ _,-+ J...l.1 -' ;:,C"o-
18 in the County ~ecorders Office of said Santa Clara County; thence
from sai.d Po int 0': Beg i.nr-. L:lg S o'ltner 1y a 10::-,'; the eas teI' ly boui1dary
of said Record of Sur<12Y, S 702110211 \{ 221.63 feet; S 6021'02" W
t"" . ,'- 4 d" . .. 1'.1 C
"',443.29 reec; J::neEce ~vesteri.y an leal/l.ng S2l.C1 Easter y D8uncary 01.
said Record of Survey, N 89"49 '1811 ~v 53.94 feet; thence fron a tan-
gent that bears ~~ 580L~8'57n W on a curve to the left ~.]ith a,radius
of 750 ~eet th:cough a centrc:-l acgle of 54Q~-+'02" an arc di3(~r::e o~
712 10 ~ee'-' then~e t'o a oo-~t on ~ cur1le .~ tho Sta~e ~f Cal.,-nrnl3.
..:- __ L., 1.1...1,;.'- ' .. ..L.1L 1..1. _.. _ ~..i ....:._ ..... U_ '.........;.. --'_ .1.____
k'ree'T~y R;o-llt-""F-;.T-:lY NT II~o/'9'2-'/1l i.] 2') 7? ';:""ct. ~hen,...c> ~4l0'i:)' <:~;~
-6- _4.~.a. .-0J.. '.,..1_ 1~c.;. , .L. .,....... ...,. 'I _I. _ J...;....-..... , _ .1.":'__ C- J..J.o __d._u
. Free'i:iay from a tangent that bears N 41010'3311 E on a curve to the
right with a radius or 3000 feet; through a central angle of
5010'291i1 an arc distance c: 270.95 feet; thence concinuing along
said Freer;,;ay Right..of-;.Jay, ~~ 46021' 0211 E 582.38 reet; thence
S 890S0'16!l E. 2.2.4.L~5 feet t:J the Point or Beginrling.
Containing 6.662 acres of land, more or 1e53.
HK! af
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