Loading...
PC Min 06/26/1984PLANNING COMMISSION CITY OF CAMPBELL, CALIFORNIA '7:30 P.M. MINUTES JUNE 26, 194 The Planning Commission of the City of Campbell convened this day in regular session at the regular meeting place, the Council Chambers of the City Hall, 70 N. First St., Campbell, California. ROLL CALL Present Absent APPROVAL OF MINUTES June 12, 1984 COMMUNICATIONS Commissioners: Perrine, Howard, Campos, Fairbanks, Dickson..; Planning Director Arthur A. Kee, Principal Planner Philip J. Stafford, Engineering Manager Bill Helms, City Attorney J. Robert .Dempster, Recording Secretary Linda Dennis. Conunissioners: Kasolas M/S Howard:, Perrine - That the minutes of the Planning Commission meeting of June 12, 1.984 be approved. as sub- mitted. Commissioner Fairbanks requested the following amend- ment to the minutes of June 12, 1984:. Under GP 84-03, Page 6--"Section III F. (6) regarding vacant school sites: Commissioner Fairbanks noted that there is one element which says the City will preserve these sites for open space, and another element saying we will build housing on them. She felt that there should not be two elements contrary to each other." Vote on approval of minutes: 4-0-1-1, with Commissioner Campos abstaining because of absence on June 12, 1984. Mr. Kee reported that items of communications received pertain to specific items on the agenda and will be discussed at that time. *** ARCHITECTURAL APPROVALS S 83-16 Continued application of Mr. R. L. Ferguson, on behalf Economy Lumber of Economy Lumber, for approval of plans and elevations to allow the construction of a sales building on pro- perty known as 720 Camden Avenue in an M-2-S (Heavy Industrial) Zoning District. Mr. Kee reported that Staff is recommending denial without prejudice for this item, in order that it may be removed from the .agenda. This application has been continued a number of times (7) because of concerns regarding site access. These concerns have not been resolved at this time. A denial without prejudice would permit the applicant to reapply once the access problems are worked out with the Southern Pacific Railroad and the Public Utilities Commission. Mr. Kee noted that this application was filed in November 1983, and should the application remain on the agenda fora period of one year without action being taken, it would be an automatic approval. -2- Mr. John Saunders, 720 Camden Avenue, representing Economy Lumber,. stated that they are making every reasonable effort to address the access concerns; however, the situation is out of their control. Estimates from public agencies involved are from one year to six years. Mr. Saunders continued that he felt a - denial was unfair--even without prejudice. Commissioner Fairbanks asked if the application fee might be waived when this applicant refiles. Mr. Kee indicated that the waiving of fees is up to the Council; however, the Commission can make such a recommendation. Commissioner Fairbanks asked if the public agencies involved in this matter were moving ahead in a timely manner. Mr. Helms reported that City Staff has made every effort to expedite this project. The railroad crossing needs to be modified, requiring signaliza- tion and a drop-.grate. These modifications require the approval of the PUC and Southern Pacific, and this is a very time-consuming process. City Staff have been working with a traffic consultant engineer to complete the design work necessary; however, it is Staff's understanding that Southern Pacific is not willing to complete discussions until the design (or the intersection) is completed. Mr. Saunders added that Econorrly Lumber has been in business in Campbell since 1950 at the same location, with the same business. They are not proposing to change anything or increase traffic--they just need a bit more room to operate from.. He noted that the train always comes through ~ after their business is closed--never during their business hours.. M/S: Fairbanks, Perrine - That S 83-16 be denied without prejudice in order to remove it from the agenda; and that the Planning Commission recommend that the City Council waive application fees when this project is re-submitted. Motion carried un- animously (5-0-1). *** S 84-12 Continued application of Ms. Kathryn Hetzer, on Public Storage behalf of Public Storage, Inc,., for approval of plans and elevations to allow the construction of a mini-storage facility on property known as 175 Curtner Ave. and 905 & 951 McGlincey Ln. in an M-2-S (Heavy Industrial) Zoning District. Commissioner Howard reported that this item was considered by the Site and Architectural Review Committee. The Committee is reeornmending a continuance to the meeting of July 10, 1984 in order that the applicant might address problems of public access. M/S: Howard, Fairbanks - That S 84-12 be continued to the Planning Commission meetin of July 10, 1984. Motion carried unanimously (5-0-1~. ** -3- MM 84-13 Continued application of Mr. 0. J. Mitchell for a Mitchell, 0. modification to approved plans to allow the reallo- cation of-use so as to utilize the entire existing building at 1386 Whiteoaks Rd. for automotive re- lated uses in an M-1-S (Light Industrial) Zoning District. Mr. Dempster reported that the applicant has. signed an agreement (attached hereto) establishing a mutually acceptable use of his property; that the Planning Director and the City Attorney consider 4e) Antiques Workshop, included as part of the warehouse use; and, it is felt that the parking spaces provided in the development plan are sufficient to handle the uses on the property if they are converted to warehousing space. Mr. Kee noted that the Commission is also being requested to approve the parking layout as red-lined, as well as the agreement. M/S: Howard, Campos - That the Planning. Commission approve MM 84-13, as recommended by the City Engineer and the Planning Director, to include the parking layout as red- lined and the agreement (attached hereto). Motion carried unanimously (5-0-1). *** S $4-15 Application of Mr. Paul McAllister for approval McAllister, P, of plans and elevations to allow-the construction of a two-story office building on properties known - as 1690 & 1700 S. Winchester Blvd. in a C-2-S (General Commercial) Zoning District. Commissioner Howard reported that this item was considered by the Site and Architectural Review Committee. .The Committee expressed concerns regarding the amount of parking proposed, and the Architectural Advisor had concerns regarding the external staircases and the computability with the existing esign: Commissioner Fairbanks .asked if adjacent property owners were notified of this application. Mr. Kee indicated that normally "Site" applications are not noticed to surrounding property owners; however, if the Commission wishes notification, this. could be done prior to the next meeting.. Commissioner Fairbanks requested, with the permission of the. Commission, that the surrounding property owners be notified even though this was not normal procedure on "S" applications, in that she would welcome their comments as to how .this particular project might affect their living.. She continued that she has a concern with not notifying adjacent :property owners when they abut a different zoning district. Commissioner Fairbanks requested clarification on condition N, M/S: Fairbanks, Howard - That S 84-15 be continued to the Planning Commission - meeting of July 10, 1984; and, that surrounding pro- perty owners be notified of this hearing. Motion carried unanimously (5-0-1). *** -4- PUBLIC HEARINGS ZC 84-01 Continued public hearing to consider the application Kobza, D. of Mr. Dennis Kobza, on behalf of Regency Monarch Development Corp., for approval of a zone change from PD (Planned Development) to C-PD (Condominium- Planned Development) and approval of plans, elevations, and development schedule to allow .the construction of an office building on property known as 851 E. Hamilton Avenue in a PD (Planned Development/Commercial and/or Industrial} Zoning District. Commissioner Howard reported that this application was before the Site and Architectural Review Committee. The applicant is requesting a continuance to July 10, 1984. The Committee is of the opinion that the only thing missing with this application is proper review of the traffic report by the Public Works Department, in that the report was submitted late. Landscaping on the site will be increased to just over 10%. The location of the entrance must be specific since -the occupants will be a savings and loan association. Chairman Dickson opened the public hearing and invited. anyone in the audience to speak for or against this item. M/S: Howard, Fairbanks - That ZC 84-01 be continued to the Planning Commission meeting of July 10, 1984. Motion carried unanimously. {5-0-1). - *** ZC 83-11 Continued public hearing to consider the application of Oliver, R. Mr. Robert Oliver, on behalf of Mark Thomas Co., Inc., for a-zone change from M-1-S (Light Industrial) to C-PD (Condominium-Planned Development/Industrial); and approval of plans, elevations, and development schedule to allow the construction of an industrial condominium project on property known as 70 Cristich Lane. Commissioner Howard reported that this-item was before the Site and Architectural Review Committee; however, there was no representative of the applicant present. It is the recommendation of the Site Committee that this application be denied without prejudice to be removed from the agenda. Mr. Kee noted that this item has been on the agenda since November 1983; and since no new information has come forward, Staff is recommending a denial without prejudice. ~ha{~r,.Dickson opened the public hearing and invited anyone in the audience to speak for or against this item. M/S: Howard, Campos -That the public hearing on ZC 83-11 be closed. Motion carried unanimously (5-0-1). __._ M/S: .Howard, Fairbanks -That the Planning Commission deny without prejudice ZC 83-11; and, that the Commission recommend that the City Council refund the application fee less the notification expense. Motion carried unani- mous7y (5-0-1). *~* -5- PD 84-01 Public hearing to ,consider the application of DeMoss, F. Mr. Frank DeMoss, on behalf of Arista Properties, Inc., fora Planned Development Permit and approval of plans, elevations, and development schedule to allow the construction of an office building on property known as 116 E. Campbell Ave. in a PD (Planned Development/Commercial) Zoning District. Commissioner Howard reported that this item was considered by the Site and Architectural Review Committee. The Committee is recommending a continuance, with the concurrence of the applicant, in order that revised plans might be submitted to address concerns indicated in the Staff Comment Sheet.. Chairman Dickson opened the public hearing and .invited anyone in the audience to speak for or against this item. M/S: Campos, Howard - That PD 84-01 be continued to the. Planning Commission meeting of July 10, 1984. Motion carried unanimously (5-0-1). *** UP 84-07 Public hearing to consider the application of George Favre, G. and Delores Favre for a use permit and approval of plans and elevations to allow the construction of a secondary living unit, 2-car garage, and carport, on the. rear of property known as 1102 Audrey Ave. in an R1-}0 (Single Family Residential - 10,000 sq.ft. minimum lot size) Zoning District. Commissioner Howard reported that this item was considered by the Site and Architectural Review Committee. It_is the opinion of the Committee that the. project is extremely well done and meets all the requirements of the City; therefore, .the Committee is recommending approval, subject to con- di:tions as indicated in the Staff Comment Sheet. Commissioner Fairbanks asked about the. condition requiring the installation of street improvement across the. frontage of this property, noting that the majority of Audrey Avenue is without improvements. She asked if this condi- tion could be changed to read "install street improvements in accordance with Council policy pertaining to alternative street improvements." Mr. Helms indicated that Staff had no objection to the re-wording of this condition, and noted that Audrey Avenue is one of the streets listed in the Circulation E]ement which is recommended for alternative street im- provements. In response to a question regarding the "workshop" indicated on the plans, Commissioner Howard-noted that this workshop is solely for personal or hobby use. Mr. Jim Lyle, 150 E. Campbell Avenue, appeared. before the Commission to answer any questions,~.on behalf of the applicants. Mr. Lee Petersen, 1156 Audrey Avenue, handed out a comparison of setbacks for Campbell and. other cities, and expressed his concern that approval of this secondary living unit would set a precedent in this area. Mr. Peter- -6- sen continued that he felt the neighborhood had expressed its feelings about this type of development during all the neighborhood hearings. He spoke in favor of establishing stricter setbacks for larger lots, and noted that. he was not in favor of this application. Mr. Kee stated that the City Council adopted an ordinance, in July 1983, specifying guidelines for secondary living units, or "granny flats". This ordinance was adopted in response to State legislation. This application is the-first request for a secondary living unit that has come before the Commission. Under the present ordinance, this proposal meets all the re- quirements set forth; and, until such time as the Council changes this policy, it is Staff's responsibility to .pass it's recommendations upon that policy. Therefore, Staff is recommending approval of UP 84-07. Mr. Kee noted that the issue of setbacks is agendized for the Planning Com- mission meeting of July 10, 1984. Mr. Petersen stated that Campbell, until recently, has. never had 10,000 sq.ft. minimum lot sizes; and, he felt that the setbacks should be changed to be in line with these larger lot sizes. Commissioner Fairbanks asked how close this structure would be to the near- est structure to the south. Mr. Kee indicated that the nearest structure :would be 45'. Chairman Dickson expressed his concern for proper separation in any neigh- borhood, and indicated that-he felt this application has quite a bit of separation. ht/S: Howard, Fairbanks - fdo one else wishing to speak, that the public hearing on UP 84-07 be closed. Motion carried unanimously (5-0-1). M/S: .Howard, Campos - That the Planning Commission adopt RESOLUTION N0. 2274 approving UP 84-07, subject to conditions as listed in Staff Comment Sheet. Motion carried with the following roll call vote: AYES: Commissioners: Perrine, Howard., Campos, Fairbanks, Dickson NOES: Commissioners: None ABSENT: Commissioners: Kasolas *** ZC 84-03 Public. hearing to consider the application of Mr. Southbay Construction Richard Merwin, on behalf of Southbay Construction Co., for approval of a zone change from C-PD to PD; and approval of plans, elevations, and develop- meat schedule to allow the construction of a two- story office building On properties known as 440 & 456 Llewellyn Avenue in a C-PD (Condominium-Planned Development) Zoning District. - 7- Commissioner Howard reported that this item was considered by the Site and Architectural Review Committee. The Architectural Advisor commented that particular attention sflould be paid to the landscaping to blend it with the surrounding area. The Committee is recommending approval. Chairman Dickson opened the public hearing and invited anyone in the audience to speak for or against this item. M/S: Howard, Fairbanks - No one wishing. to speak, that the public hearing for ZC 84-03 be closed. Motion carried unanimously (5-0-1). Discussion Commissioner Fairbanks commented that, while there is an adjacent residential district, she felt this use would be much less an impact on the residents than the former proposal for condominiums. Commissioner Howard noted his appreciation to the developer and the residents for working. so closely together to develop a workable project for both fac- tions. There was brief discussion regarding the fence height, with Commissioner Howard noting that the parties are in the process. of deciding whether it would be 7' or 8'. Ms. Suzanne Auger, 423 Carlyn Ave., noted that the. resi-dents do not have a problem with an 8' fence. Mr. Kee noted that Condition #4 states that a fencing plan is to come back to the Planning Director, and he suggested that this fencing plan be sub- mitted to the Site Committee for review. Commissioner Fairbanks requested that a lighting plan also be included in the revised plans for consideration by the Site Committee... M/S: Howard, Campos - That the Planning Commission adopt RESOLUTION N0. 2275 recommending that the City Council approve ZC 84-03, subject to conditions as listed in the Staff Comment Sheet; and, revised plans to in- clude a fencing plan and a lighting plan for the approval of the Site Committee. Motion carried with-the following roll call vote: AYES: Commissioners: Perrine, Howard, Campos, Fairbanks, Dickson NOES: Commissioners: None ABSENT: Commissioners: Kasolas *** Chairman Dickson requested that remaining agenda items be taken out of order, with PM 84-04 & SA 84-38 heard at this time, as a consideration to the audience. *** - 8- MISCELLANOUSE PM 84-04 Tentative ..Parcel Map - Lands of Noyes - 1035 Hazel Lands of Noyes Avenue - APN 406-02-22. Mr. Kee reported that the proposed lot split satisfies the minimum require- meats fora flag lot situation in an Rl-6 zoning district. Staff, however, expresses a concern that the proposed subdivision creates a lot configura- tion which is not desirable. In Staff's opinion, approval of a flag lot subdivision in this neighborhood may establish a precedent which interferes with the orderly development of this area. Mr. Kee added that it is Staff's interpretation that one of the primary reasons for all the hearings in this area, over the past few years, was to limit this type of development. Mr. Bill Noyes, 1035 Hazel Avenue, stated that there are several other flag lots in his area, and numerous lots with strange configurations, in that this area of the City has developed in a patchwork design over the years. Mr. Noyes continued that the large lots that remain in the area are not maintained, and he felt. that setting a precedent for development of these lots would not be an adverse .condition in that it would lead to these lots being cleaned up. Mr. -Noyes noted his concern that the regulations were not written so that Staff could give a resident a clear answer. Chairman Dickson noted to Mr. Noyes that-Staff has to tell residents what is allowable under the law, and cannot give specific approvals in that these decisions are the responsibility of the Planning Commission.. He continued'that,in looking at the tract map, this area appeared to be-one of the more harmoniously developed in the City; and, that, in his opinion, a flag lot would not be compatible. Commissioner fairbanks stated that the Commission very recently went through re-zoning .considerations throughout the subject area. Her recorm~endation for. zoning in this area was for R1-6 which would permit the requested lot sizes..: Commissioner Fairbanks continued that she did not feel that the Commission should give with one hand and take with the other; and, she did not see a real problem with having flag lots as long as there was not an adverse impact. M/ Fairbanks, - That the Planning Commission approve PM 84-04, subject to conditions listed in the Staff Comment Sheet. Motion died for lack of a second. M/S: Howard, Campos - That the Planning Commission deny PM 84-04 in that the proposed subdivision creates a lot configuration which is not desirable. Motion carried with the following roll call vote: AYES: Commissioners: Perrne, Howard, Campos, Dickson NOES: Commissioners: Fairbanks ABSENT: Commissioners: Kasolas Mr. Kee advised the applicant of the appeal process at this time. ~** - 9- SA 84-38 Sign application - Rae's Automotive Upholstery Rae's Automotive and Seating - 335A McGlincey Lane in an M-1-S (Light Industrial) Zoning District. Commissioner Howard reported that this item was considered by the Site and Architectural Review Committee. The Committee is presenting this applica- tion to the Commission without a recommendation in that there was only one commissioner present at the Site Committee meeting. Commissioner Howard added that the application presented was, in his opinion, extremely artis- tic and in good taste. Mr. Jack Davis and Mr. Jack Swenson, business owner and sign painter, presented a series of photos taken in the immediate. vicinity of the sub- ject property. They noted that the subject building is approximately 56' off the street, and has a treatment design vrhich is a natural for signage. Additionally, the building has only two major tenants--Rae's and Prancing Horses. Pracing Horses has indicated they are not interested in signage. Mr. Davis noted that his customers come .from all..over_ the t3ay Area and the difficulty in finding his location. Mr. Swenson continued that neighbors have expressed appreciation of the signage, and that Mr. Davis is re-landscaping the property to present a more appealing property. Mr. Swenson concluded that a smaller sign would look off-balance on this building. Commissioner Howard commented that he felt that the sign, although large by the City's standards, has a superior design and the blending of the sign with the architectural design of the building makes it exceptional. He felt that the signage was appropriate in this case, and that it adds value to the sur- rounding area. M/S: Howard, Campos - That the Planning Commission .approve SA 84-38 subject to conditions as listed in the Staff Comment Sheet. Discussion Commissioner Fairbanks asked t~tr. Keie if the sign had been constructed within the City's ordinance, would Staff have a different recommendation, noting that the sign had been constructed without a permit. Mr. Kee stated that Staff takes the very strictest interpretation of the ordinance, out of necessity. This particular sign is of the highest quality; however, Staff would still be guided by the ordinance, and under that ordinance the allowable size of a sign is 50 sq.ft. Commissioner Fairbanks noted that she would be speaking against approval of this signage in that, although it was lovely, it was not within the guide- lines of the ordinance. Commissioner Dickson noted that he would also be speaking against the motion, in that the signage was over the allowable size. Commissioner Campos stated .that he would be speaking in favor of the motion in that he felt the sign was done well, comprable with other signage in the area, and improved the area. -10- Vote on Motion AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: PUBLIC HEARINGS Perrine, Howard, Campos Dickson, Fairbanks Kasolas ** TA 84-04 Public hearing to consider the City-initiated City-initiated proposed text amendment adding Satellite Dish Antennas to Chapter 21.57--Provisions for Special Uses. Mr. Stafford reported that the proposed amendment includes Section 21.57.030 D. and E. which allow for an applicant to apply to the Planning Commission for a Conditional Use Permit should a proposed satellite dish antennas not meet the guidelines stated in Section 21.57.030 A. and B. Chairman Dickson opened the public hearing and invited anyone in the audience to speak for or against this item. M/S: Howard, Fairbanks - No one wishing to speak, that the public hearing on TA 84-04 be closed. Motion carried unanimously (5-0-1). Commissioner Perrine noted that he had been concerned about the height res- triction presented; however, with the procedure allowing an applicant to come before the Planning Commission, he felt that this was a good ordinance. M/S: Howard, Fairbanks - That the .Planning Commission adopt RESOLUTION N0. 2276 recommending that the City Council adopt TA 84-04 adding Satellite Dish Antennas to Chapter 21.57--Provisions for Special Uses. Motion carried with the following roll call vote: AYES: Commissioners: Perrine, Howard, Campos, Fairbanks, Dickson NOES: Commissioners: None ABSENT: Commissioners: Kasolas ~** Referral from Continued referral from City Council regarding City Council proposed amendments to Chapter 11.24--Streets and Sidewalks, of the Campbell Municipal Code. Mr. Helms reported that this proposed amendment to the Streets & Sidewalks section of the C.M.C. has been prepared by Staff in order to achieve addi- tional flexibility in dealing with street improvements adjacent to under- developed parcels and for consideration of deferred assessments in special cases. These proposed amendments would allow the City to recover land ac- quisition and street improvement costs in those instances where City pro- jects construct street improvements prior to the time of development of -11- _ under-developed parcels. These amendments would also allow deferral of assessments in special assessment districts or hardship cases. f .- Commissioner Fairbanks asked about the provision for alternative street improvements in some areas of the City; when the appropriate time is to identify possible developments for these alternative improvements; and how a developer would know that he might be eligible for these alter- native improvements. Mr. Helms noted that there is a standard for street improvements which apply to the entire City. In those areas,. where recommended by the Planning Commission, City Council, anal/or Public Works Department, that alternative street improvements might apply--Section 11.24.165 provides the guidelines. The intention of this section is that unless a recommendation is made to the City Council, and is approved by them, there will be the installation of standard street improvements. Ln the Circulation Element of the General Plan there is an exhibit listing the streets which are candidates for alternative improvements. When an application for development is presented, the Planning and Public Works Departments would look at the proposal to see if it is a candidate for alternative street improvements; and, if so, they would recommend such alternative improvements to the Council. The fact that these streets are identified in the General Plan is a71 that is necessary to trigger consideration of these alternative improvements. Commissioner Fairbanks asked if the list of streets in the General Plan included some of the light industrial areas where there is an unwritten '~, policy that improvements are not standard:. Mr. Helms indicated that the General Plan only identifies those in the San Tomas Area; however, the resolution provides that Staff or Commissions can recommend alternative improvements for any area, and there is no limitation precluding the allowing of alternatives in other areas. M/S: Campos, Fairbanks - That the Planning Commission recommend that the Gity Council adopt the proposed Title II of the C.M.C., Chapter 11..24--Streets and Sidewalks. Motion carried unanimously (5-0-1). ~** STUDY SESSION Chairman Dickson stated that he has received a letter from Mr. Tom Fleischli, Prometheus Development Co., and P~Ir. Ray Clarke., Hamilton Avenue Improvement Association, requesting a Study Session with the Planning Commission on July 25, 1984. Chairman Dickson noted that he had also received a memo from the Planning Director indicating the possible discussion topics for said study Session which were suggested to Mr. Kee in a meeting with Mr. Fleischli, Mr. .Clarke, and several others. In response to an inquiry, Chairman Dickson noted that it was his intention to forward this information to the City Council and invite their attendance at this Study Session. -12- Commissioner Howard suggested that, in light of the controversial subjects to be discussed., he would .like to see the Council in attendance for the purpose of guidance on where the City is heading on the development of the Hal~i~~lton Avenue Mobile Home Park site.. Mr. Kee indicated that there will be no .action taken at the Study Session, however, many ideas may be presented for consideration. Commissioner Fairbanks expressed concern that the former proposal for this site not be re-hashed and that discussion center on what the community would find acceptable for this area. Discussion ensued regarding the possible discussion areas, the location of the meeting, and notification and publicity of the session. Mr. Kee in- dicated that Staff would try to find a suitable location,~and report back to the Commission. M/S: Howard, Fairbanks - That a Study Session be set for Wednesday, Judy 25, 1984 with the Planning Commission, Prometheus Development Co., the Hamilton Avenue Improvement-Association, and the general public. Motion carried unanimous )y 5-0-1). ** OTHER ITEMS BROUGHT UP BY COMMISSIONERS Mr. Stafford reported that, in response to a concern expressed at the last Commission meeting, Staff reviewed the development plans. for 956 S. San Tomas Aquino Rd. There is no .provision for trash enclosures indicated on the plans., which would explain the use of individual trash cans. Mr. Stafford-noted that Staff could write a letter to the homeowner's association requesting that these cans be brought in from the street in a more timely manner. Mr. Stafford reported that, in response to a concern regarding the use of the lanscaping area as parking for the Porsche dealership,. Staff has written the dealership a letter requesting that this practice be stopped. AD.]MIRNMFNT MSS: Howard, Campos - That the Planning Commission meeting be adjourned. The meeting adjourned at 9:44 p.m. APPROVED: J. DuWayne Dickson Chairman ATTEST: Arthur A. Kee Secretary RECORDED: Linda A. Dennis Recording Secretary g~~3 AGREEMENT CITY OF CAMPBELL, CALIFORNIA 1) PARTIES: The parties to this agreement are Odell J. btitchell and the City of Campbell. 2) PURPOSE: The purpose of this agreement is to establish a mutually acceptable use of the property at 1386 White Oaks, Campbell, California, APN #413-71-12, owned by MITCHELL. 3) TERM:. This agreement shall remain in effect for ten (1~) years from the date of signing and can be modified by subsequent written agreement of the parties. 4) CONDITIONS .AND COVENANT'S: a) MITCHELL covenants that the rental space at the above pro- perty will be dedicated to use in the following manner: (i) approximately 500 of the rental space will be used as warehousing/manufacturing space, (ii) approximately SOa of the rental space will be used for auto related uses. b) MITCHELL covenants that the lease on Bay 'E' at 1386 White Oaks (See diagram of subject property, attached to t}iis agreement and incorporated here by reference.) presently occupied by lessee Foreign Car Repair, tivill terminate 11/1/84, and further covenants that upon termination of this lease, Bay 'E' will be dedicated to warehouse use. c) P~tITCHELL covenants that .the. lease on Bay 'F' at 1386 White .Oaks, presently occupied by lessee Tidy-Car Auto Polish, will terminate on 11/1/86, and further covenants that upon termination of this lease Bay 'F' will be dedicated to ware- . house use. d) MITCHELL covenants that he will use good faith efforts to relocate the lessee of Bay 'F' prior to 11/1/86., and further covenants that this relocation will take place as soon as is commercially practicable. e) CITY OF CAMPBELL covenants that it will accept the current lessee of Bay 'C', Antiques Work Shop, as being included in that space dedicated to warehouse use, 5) ATTORNEY'S FEES: Both. parties accept that, should litigation arise out of the interpretation, enforcement, breach, or anticipatory breach of this agreement, the prevailing party shall receive costs and reasonable attorney's fees. Hate: ~ -/~~~~ ~c~~~~ t o City o C .ell e11 J. t t ell ~ /, ~,_ .C" .,mot ~-tz.., _ S -