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RENATO G. MARTINEZ. C.E. ,If f'_{ L/t
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ASSOCIATES
TRAFFIC ENGINEERING CONSULTANT
P.O. Box 177
LOS ALTOS. CALIFORNIA 94022
TELEPHONE
(41!5) 948.110S
OFFICE.
146 MAIN STREET
Loll ALTOS. CALIFORNIA
TI 179
22 August 1979
Mr. Arthur Kee
Planning Director
City of Campbell
75 N. Central Avenue
Campbell, CA 95008
Re: Winchester Drive-In Theater Traffic Study
Dear Art:
The accompanying report is submitted for your review and
comments. Essentially the additional screen is not expected
to affect traffic conditions significantly and provides an
opportunity for traffic management by staggered movie
starting times. There are also some striping and signing
improvements which can be readily implemented.
Please advise when this matter will be scheduled for consid-
eration by the planning commission.
Thank you for your cooperation in this regard.
Sincerely yours,
Renato G. Martinez, C.E., T.E.
Transportation Engineer
cc: Vincent Raney
Bee ~:::JI~
RECEIVED
{\". :: ;~.... 1979
PULh.IG woaKS
P.o. BOX 177 . LOS ALTOS. CALIFORNIA 94022 . TELEPHONE (41~~~!~~~g~G
RGM
ASSOCIATE S
RENATO G. MARTINEZ. C.E.
TRAFFIC ENGINEERING CONSULTANT
P.O. Box 177
LOS ALTOS. CALIFORNIA 94022
TELEPHONE
(415) 948-1105
OFFICE:
146 MAIN STREET
Los ALTOS, CALIFORNIA
August 15, 1979
TI 179
City of Campbell
Winchester Drive-In Theater
Traffic Study
Anticipated traffic conditions associated with the addition of another
screen for a total of six has been evaluated. It has been determined that
the change could improve traffic conditions on access streets by staggering
movie starting times by at least 10 minutes. The effects of movie traffic
on vicinity streets can be improved further by the following measures:
1. Stripe left turn lane on Curtner allowing thru traffic to by-pass
traffic turning left to S. McGlincy.
2. Stripe right and left turn lanes on McGlincy at Curtner.
3. Install directional white on blue Winchester Drive-In *signing t 250'
from McGlincy turn at Cristich (Now located at intersectio~ faded).
4. Proviae G8 white on green directional *signing to Curtner with an
arrow left opposite McGlincy at Cristich.
5. Stripe left turn at driveway from McGlincy to theater entrance to
minimize interference with thru traffic.
6. Recondition lighted theater entrance signs opposite driveway and
Westchester Drive on McGlincy.
7. Provide white on blue advance directional *signs on Union i 250'
from its intersection with McGlincy (Now at intersection, faded).
*
All unlighted signs should be reflectorized.
P.G 80X 177 . LOS ALTOS. CALIFORNIA 94022 . TELEPHONE (415) 948.1105
Campbell Traffic Study - TI 179 - Page 2 - August 15, 1979
8. Install black on yellow EXIT with arrow right *sign ,opposite main
entrance on W~stchester Drive.
9. Striping on entrance road should conform with adopted convention-
double yellow separating opposing traffic, single white separating
traffic in the same direction.
10. The 2167 speaker count will not change. Parking stalls will be
rearranged to accommodate additional screen.
Conclusion:
The changes proposed at Winchester Drive-In Theater provide an opportunity
to augment and update traffic controls on access streets. Applying the
measures proposed, particularly staggering movie starting times, should
improve traffic conditions substantially.
Respectfully submitted,
~~z~~
Traffic Engineering Consultant
RGM: sn
*
All unlighted signs should be reflectorized.
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R G M ASSOCIATES
TRAFF~ ENGWEE~NG CONSULTANTS
p.o. BOX 177. LOS ALTOS. CALIFOftNIA .4022
(415) 948, 1105
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R G M ASSOCIATES
TRAFFIC ENGtlEERING CONSULTANTS
p.o, BOX 177. LOS ALTOS. CAlIFOltNlA 94022
(415) 948. 1105
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R G M ASSOCIATES
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p. 0, BOX 171, LOS ALTOS, CAlIf'OftNIA 94022
(415) 948.1105
SCAU : I': 50' T. I. i1 q
DATE: AUGUT 10,lq,q
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p.o, BOX 177. LOS ALTOS. CAlIFOItHIA .4022
(415) 948, 1105
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R G M ASSOCIATES
TRAFFIC ENGINEERING CONSULTANTS
P.O_BOX 177. LOS ALTOS. CALIFORNIA 94022
(415) 948, 1105
SCALE: 1"~OO' T.I.l1Q AUGU', \b, lqlq
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-
1
February 23, 1973
Research Dynamics Associates
P.O. Box 2Il
Menlo Park, California 94025
ATTENTION: Mr. William J. Ewing,
Senior Consultant
SUBJECT: Local Improvement District No.4,
McGlincy Lane Assessment District
Gentlemen:
Enclosed as per your request is a copy of ~he assessment
diagram of subject District.
The District constructed curb and gutter, street pavement,
storm sewer system and sanitary sewer system. See attached
copy of Sheet 1 of the plans for geometrics and structural
street sections.
There is additional information reqardinq the location of
storm and sanitary sewer systems available Which you may
wish to have. Please call for an appointment if you wish
further information.
WGW
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Very truly pure,
BILL M. HELMS,
ASSOCIATE CIVIL ENGINEER
By Cruz S. Gomez,
Jr. Civil Engineer
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FILE
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July 22, 1971
Mr. Donald E. Gish,
Superintendent - Bond Department
Insurance of North America
P.O. Box 7985
One Embarcadero Center, Suite 1100
San Francisco, California 94120
WGW
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FILE
REF : Performance Bond
M5068ll- Svufv Enterprises, Inc.
31va ~
lVIUi\H
01
Dear Mr. Gish:
Your letter of July 9, addressed to Mr. Arthur Kee,
Planning Director, for the City of Campbell, has been referred
to me for response.
Please be advised that the City of Campbell hereby assures
you that performance of all conditions of the applicable improvement
agreement has been accomplished and that all improvements designated
in the bond as Conditions No.1, 5, 6, 7 and 12 have been accepted.
You are released as to any future liability under the bond pertaining
to the abovementioned conditions.
It is my opinion that it would not be appropriate for the
County Sanitation District to approve release of the aforementioned
bond inasmuch as the City of Campbell is the named beneficiary
of said bond. For informational purposes, however, I have
enclosed a copy of correspondence and pertinent actions taken by
the Board of Directors of the County Sanitation District relative
to this project.
Please contact me if I may be of further assistance to you
in this regard.
Very truly yours,
WILLIAM G. WREN,
DIRECTOR OF PUBLIC WORKS
BMH:cc
By Bill M. Helms,
Associate Civil Engineer
Enclosures
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INSURANCE COMPANY OF NORTH AMERICA
Lifa Insur3nco Company of North America' Pacific Employers GIOUp .
P.O. Box 7985, One Embarcadero Center, Suite 1100, San Francisco, California 94120 . Telephone
July 9, 1971
Mr. Arthur A. Kee
Planning Director
city of Campbell
75 North Central Avenue
Campbell, CA 95008
Re: Performance Bond M5068ll
Syufy Enterprises - Improvements
on Cristich Lane - Bond Penal
Sum: $35,000
Dear Mr. Kee:
I am enclosing copies of papers submitted to us purporting to
convey to us a full release of our obligation as surety under
the bond in caption.
Although we believe a full release is intended, we are of the
opinion the "release" lacks the quality of complete legality.
Therefore, we believe these documents could leave a question in
regard to future liability due to some misunderstanding along
the line.
We are particularly concerned about the guarantee in regard to:
Condition No. 6 - Extension of Sanitary Sewer. Notwithstanding
that County Sanitation District No. 4 of Santa Clara County is
not a named obligee in the bond, the District1involved, as
evidenced by your letter of July 2, 1971 to our principal.
In view of our concern over legality and the District's involvement,
will you kindly arrange for completion of the statement below,
obtaining proper signatur~thereto, and return this letter to me.
Duplicate copies are for your records. Thank you, Mr. Kee.
DEG/bb
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Donald E. Gish
Superintendent - Bond Dept.
cc: Albert Bender (C. Wolfe)
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We the undersigned confirm to you, Insurance Company of North
America, as surety on the bond in caption, that performance of
all conditions of the applicable improvement agreement has been
accomplished and that all improvements, designated in the bond
as Condition Nos. 1, 5, 6, 7 and 12, have been accepted as of
this date or prior hereto. You are released as to any future
liability udner the bond.
Dated this
day of
, 1971.
CITY OF CAMPBELL
COUNTY SANITATION DISTRICT NO. 4
of SANTA CLARA COUNTY
BY:
BY:
Title:
Title:
Acknowledged as to constituting a legal and full release:
Date:
City Attorney)
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BOND NO. H-50 68 11
TWO- YF..,..'\R PREIHUH: $263.00
INSlJR AJ\f(~E
NORTll AIV[E-RICP~
COMP A 1\T\l
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OF
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PI-lILADELPHIA
PERFOm,lAI'TCE BOND
KNO\'1 ALL I.lliN BY THESE PRESENTS, rrhat "Te, SYUpy Ej'[J'ERPlUSE3, INC., a Corporat ion)
and \HNCHES'l'ER DRIv'E-IN 'l'HEATm,~, lITC., a Corpora"don (bereinafter called "Principal"),
as Princip::l, e.nd th:.; INSUT-{?\NCE CQi,iPAT-if OF NORTH A11ERICA, a Corporation organized
and existinl3 under the ImIs or the state of Pennsylvania, and authorized to tr811i3sct
business in the state of California, (heroind'ter called "Surety"), as Sm'ety, are
held and firmly bound unto Cr'l'Y OF CJ\1'IPBEL'!:" CALU'ORNIA, a Municiral Con)oration
(hcTcinafter called "Oblie;ee"), in t.he penal 81)]:l of THIRTY-FIVE THOUSAf'ID AND NO/lOa
Dollar::; ($35,000.00), good and 1 a.'wfuJ, money or the United St8tes of J\merica, for
the payment of vlhich, '\-lell and truly to be raDde, 17e bind ourselver;, O1JT heirs)
!~.dmiDistrators, executors, succeS1:~ors and assi811S, jointly and severally, firr!lly
by t,hcse presents.
SEAiJED "~lith OUT seals and dated this 9th day of AU[;ust A.D. 1967.
vlHERCI\S, the above bounden Principal has entered into a cel'tain ,.;ritten
a[;rcemc-:1t. \-lith the above na'11ed 01.l1igee, dated the 26th day of June 196"(,
titled "Agree~il<;nt of Settlement nnd Comprom:i.se of Drive-In Theatre Action",
including Exhilli'c I1A", 1,rhich agl'ecn:ent is hereby referred to and unde n part bereof
as fully and to the same extent as if copied at length here in for the !fUrpO:3e of
cxp12ining [.'nt net of varying or enlarging the obl:Lgationj
NO~'7 'l'HER~~}i'ORE, the condition of the above obligDtion is such that if the
E-bove-boundcn Prinicp8.1, their successors end assie;ns, or any of the:n, do and
sholl, 'Hell and truly perform) fulfill and l~eep each and all of tne clauses,
covenant.s, conditions and agreements specified and contained in that certain
E'gr22rl1Cnt Tllede and executed by tJ.-iem vi th tbe said Obligee on the 26th day of June,
1967, and more particularly the conditions set forth in Exhibit "A" attached to
said agreeJ:!8nt and Lade a pClrt thereof, Hhich on the part of said Principal,
their successors and assigns, o'J.Sht to be fulfHled and kept according to the
true intent and meaning of said agreement, tben the above obligation is to be
void; other'tTise, to remain in full force and effect.
More particularly, the conditions and covenants to be perforli:ed are the
f'oDm-ling conditions included in Exhibit "A" attached to the agreement and made
a part thereof:
Condition No. l. Lanoscaping
Condition No. 5. Cristich lane Improvement ; -
Condition No. 6. F.:x:tens i on of Sanitary Se1.TE: 1.1> c
Condition No. 7. Hestchester Access I.rnprovement or ~
alternate route
Condition No. 12. ivater Line end Hydn,nt r
PROVID;~D, hOl-lever) this bond is executed by the Sure "" y, upon the express
condition that;. no right of action sh2l1 8ccrU2 upon or by reason hereof, to or foY'
the use or benefit of anyone other than the' Obligee named herej,nj and th-.:::
obligation of the StU~ety is and shull be cvnstru0a strictly as one of suretyshill 0:11y.
8'1.1;;;'Y EI.m~nrRJ:SES, INC. &
~nNC:d?8rER DRIVE- HI TrI~~:~~~: ~ INe.
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COUNTY SANITATION DISTRICT NO.4
OF SANTA CLARA COUNTY
100 East Sunny oaks Avenue P.O. Box 368
CAMPBELL, CALIFORNIA, 95008
Telephone 378-2407
February 16, 1968
City of Campbell
Department of Public Works
75 N. Central Avenue
Campbell, California 95008
Re: Tract No. ~
Extension~ Winchester Drive-In II
Notice of Acceptance
Gentlemen:
The sanitary sewerage system for subject development has
been constructed, inspected and tested, and found to be
complete in all respects.
Title to the system has been transferred to this District
and the system has been accepted for operation and
maintenance.
Very truly yours,
Stephen H. Goodman
Manager and Engineer
By . Weaver
LEW:j Associate Civil Engineer
encl. Resolution No. 479.15
He: vYinchester
Drive-In II
RESOLUTION NO.
419./5
RESOLUTION ACCEPTING SEWERAGE SYSTEM WITHIN THE PROPERTY
OF WDlCR"AA';l'ER DRIV~-IN THEATRE. INC.
SITUATED WITHIN THE COUNTY SANITATION DISTRICT NO.4 OF
SANTA CLARA COUNTY, STATE OF CALIFORNIA
WHEREAS, WINCHESTER DRIW-XB THEATRE, INC.
being the sole and exclusive owner(s) of the sewerage system described as
follows:
The six-inch (6") sanitary sewer uin and appurtenant
manholes constructed in accordance with plans prepared
by Geo. S. Nolte, Consulting Civil Engineers, Inc.,
Job No. 681-67, and located in an easement described
in a Deed of Easement recorded in Book 7538 of Official
Records at page 493, Santa Clara County aecords;
have constructed a sewerage system within said property in accordance with
the provisions of County Sanitation District No.4 Sanitary Code; and
WHEREAS, the District Manager of said Sanitation District No.4 has
caused to be inspected said sewerage system, and finds said sewerage system
to be constructed in compliance with said Sanitary Code, and does recommend
to this Board that said sewerage system be accepted and thereby be included
within the sewerage system of County Sanitation District No.4; and
WHEREAS, the owner(s) of said property have offered to convey and
transfer to County Sanitation District No.4, subject to the terms and con-
ditions of said offer, all of said ownerso rights, title and interest in
and to said sewerage system; and
WHEREAS, said owners do, in their offer, declare and warrant that
they are the sole and exclusive owners in and to said sewerage system.
NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDERED that County
Sanitation District No.4 of Santa Clara County, acting by and through. its
Board of Directors, does hereby accept the offer of the owner(s) of the
above described property, subject to the terms and conditions expressly
stated in said offer.
AND IT IS FURTHER ORDERED THAT from and after this date said sewerage
system shall be, and it is hereby, made a part of the sewerage system of
County Sanitation District No.4 of Santa Clara County.
PASSED AND ADOPTED by the Board of Directors of County Sanitation
District No.4 of Santa Clara County, State of California, this 11th day
of January , 1968 , by the following vote:
Dorman, Fargher, Glennon,
AYES: Directors,
Jensen, Mehrkens, Rogers, Sol~[i
NOES: Directors, ~
ABSENT:
Directors,
~
(COPY) Number :3.3:)? {; 7 /
Recor,.c.,__._~I__.:?2..:::. C::.% O..B.
Book y;)O / L':",;,'-' Sf 0
~y
~~~~~--
Chairman of the Board of Directors of
County Sanitation District No.4 of
Santa Clara County, State of California.
TRe foregoing instrument is a
correct copy of the original
on file in this office
COUNTY SIU~VATI N Dm1m'" No.4
2/64
(DISTRICT SEAL)
Attest :-
Dated:
COUNTY SANITATION DISTRICT NO.4
OF SANTA CLARA COUNTY
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100 East Sunny oaks Avenue P.O. Box 368
CAMPBELL, CALIFORNIA, 95008
Telephone 378-2407
May 9, 1967
Department of Public Works
City of Campbell
75 N. Campbell Ave.
Campbell, California 95008
He:
Tract No. ~
Extension: winchester Drive In, Inc.
Notice of Acceptance
Gentlemen:
The sanitary sewerage system for subject development has
been constructed, inspected and tested, and found to be
complete in all respects.
Title to the system has been transferred to this District
and the system has been accepted for operation and
maintenance.
Very truly yours,
stephen H. Goodman
Manager and Engineer
LEW : j
encl. Resolution No.46l.2
L. E. Weaver
Associate Civil Engineer
w1nches~.r Drive In,lnc.
Re: S~.r Ext.~.f~
RESOLUTION NO. ~~/')J
RESOLUTION ACCEPTING SEWERAGE SYSTEM WITHIN THE PROPERTY
OF WYII(!RESTBR D~;IVB II{. INC.
SITUATED WITHIN THE COUNTY SANITATION DISTRICT NO.4 OF
SANTA CLARA COUNTY, STATE OF CALIFORNIA
WHEREAS, WXHCHESTSR DRIVE 1M, INC.
being the sole and exclusive owner~s) of the sewerage system described as
follows:
'l'he 6-inch sani~.ry sewer _in and .ppur~8ftant ~ol.s and
la~era1 sewen eOlUl~rue~ed bet.ween s~at.ion. 20+33 and 34+87. .s
shown on plana prepared by aeorge S. lfol ~e, Job No. 654-66 and
lying wi~h1n . sanitary sewer .a.ement, ~he d..erip~iOft ot which
1. recorded in Book 7538 of Official Record. at page 493, Santa
clara Count.y records,
have constructed a sewerage system within said property in accordance with
the provisions of County Sanitation District No.4 Sanitary Code; and
WHEREAS, the District Manager of said Sanitation District No.4 has
caused to be inspected said sewerage system, and finds said sewerage system
to be constructed in compliance with said Sanitary Code, and does recommend
to this Board that said sewerage system be accepted and thereby be included
within the sewerage system of County Sanitation District No.4; and
WHEREAS, the owner(s) of said property have offered to convey and
transfer to County Sanitation District No.4, subject to the terms and con-
ditions of said offer, all of said ownersG rights, title and interest in
and to said sewerage system; and
WHEREAS, said owners do, in their offer, declare and warrant that
they are the sole and exclusive owners in and to said sewerage system.
NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDERED that County
Sanitation District No.4 of Santa Clara County, acting by and through. its
Board of Directors, does hereby accept the offer of the owner(s) of the
above described property, subject to the terms and conditions expressly
stated in said offer.
AND IT IS FURTHER ORDERED THAT from and after this date said sewerage
system shall be, and it is hereby, made a part of the sewerage system of
County Sanitation District No.4 of Santa Clara County.
PASSED AND ADOPTED by the Board of Directors of County Sanitation
District No.4 of Santa Clara County, State of California, this 13th day
of April , 156-1-, by the following vote:
AYES '. Fargher, Glennon, Inglis, Jensen
Direc tors, Mehrkens, Doetsch, Welch
NOES: Directors, ~~
ABSENT:
Directors, ~
NIIMRJ:"lU.Vo~~~ ROOI< '7L.. 9~ DI\~I:' <"'<.tJ
TROMAS B. INGLIS
Chairman of the Board of Directors of
County Sanitation District No.4 of
Theforego~tlMtrlflMntas~ounty, State of California.
correct copy of the original
on file in this office
COUNTY .r"iliA ON ~T No. ~
Attest:. ~ - ~<:./
Secret.
Dated: ..,/ /Aa / ~ 7
2/64
(DISTRICT SEAL)
COUNTERSIGNED:
DE LORA SPENCE
Secretary of said Board
t~OPY)RECOkL)i:D ~..i.L 1'1 /9' /'
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March 31, 1967
Mr. Vincent G. Raney, A.I.A.
233 Po.t Street
san Franci.co, Cal1forn1a 94108
Dear Mr. Raney I
I have your letter dated March 28, 1967 which was in
reply to mine of March 24. In reqard to the main que.tion
in your letter, plea.. refer to lilY fozmer paragraph number
three wh1ch AY. that *. Morr1. 1. be1ng reimbur.ed for
the co.t of the constrDct1on 11'1 exce.. of his regular .torm
drainaC)e fees. Thi. refer8 to all such con.truction within
the public ......nt. SUch an arrangement is quite 8tandard
in so far a8 thi. City'. policy is concerned. Mr. Morris i.
in effect pay1nq his nonaal .torm dra1n acreage fee. and that
amount repre.ents his financial ahare of the fac1lity.
Mr. Morr1.' parcel dra1n. frcm .outh t.o north, a. you know.
There was no need, in thi8 case, for on-.1t.e line. w1th exception
of the inl.t boxes at the north end which w1ll be outside the
..s-.nt. Those boxes will be f1n&1lced by the owner, over and
above the acreage f.... Bad there beeIl the need for a llare
exten.ive on-site .y.tea, it would alao have been 1nstalled
at pr1vate expen....
You can se. that. we treat an ..-.ant exactly the .... .s
a pub11c 8treet in so far aa the detena.inat10n of reimbursement
fLiures i. concerned.
I hope th18 discussion i. .at1.factory foryour purpose8.
Sincerely yours,
Williaa G. Wren,
Acting' D1J:ector of Public Work.
. lGWacb
cc: City Manager
.r". VINCENT G. RA.V, A.I.A.
A R C H I T E C T
. . . . . . . .
233 POST STREET . SAN FRANCISCO 94108
-
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.
.
.
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.
.
Area Code (415) 392.5462
March 28, 1967
City of Campbell
Department of Public Works
75 North Central Avenue
Campbell, Calif. 95008
Attention: Mr. William G. Wren
Acting Director of Public Works
Subject: Winchester Drive-In Theatre
On-site Storm Drain
Gentlemen:
I refer to your letter of March 24, 1967 in which it seems
to me that you are inferring that No. 17 of the Agreement includes
many other things than that which we stipulated.
In order to evaluate the fairness with reference to Property
Owners, I would appreciate it if you would give me the details
as to how Morris and Sahati are paying their portions of the
storm drainage fees and how much on site work they are being
required to pay for themselves.
I
There is some relationship b~tween the storm sewer which
you are requiring that we put in ~nd that which is being put in
by Sahati and Morris. \ /r - - ')
, I
I am sure if you will give me\this inf~ation,( we ~all
be able to clear up this matter ver~ quickly \(//'
VT lrflY yours, 'l a - .7-
VIN~T G. RANEY, A'. I . ~~
VGR:dr
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March 24, 1967
Mr. Vincent G. Raney, A.I.A.
233 Post Street
San Prancisco, California
RE: New Winchester Drive-In Theatre
On-Site Storm Drain
Dear Mr. Raney:
In accordance with our recent conversation, the following
is transmitted as an appraisal of the existing storm drainage
facilities in the vicinity of the subject development and to
outline the proposals of the City Engineer a8 provided for
in condition number seventeen of the Agreement between syuty
Enterprises and the City of Campbell:
1. The City has arranged for the construction of an
underground storm drain line from the northeasterly corner of the
22+ acre parcel of Byufy Enterprises to the existing trunk storm
drain in Union Avenue. This pipeline, which is sized to provide
sufficient capacity to drain the aforementioned 22 acres, is
beiagg constructed by the adj oininq property owner to the east,
Mr. Morris, in a public underground easement provided by him.
Mr. Morris i8 being reimbursed for the cost of the
construction in excess of his regular stor<m drainage fees because
of the public benefit of the facility.
2. The City is prOViding for the drainage relief at the
northerly terminus of westchester Drive via a new underground
pipeline to the east.
3. As previously discussed, the City cannot accept surface
drainage from any point westerly of the limits of Tract 3599
flowing into the gutter of Westchester Drive. All of the graded
and/or paved area westerly of this line must be shaped to provide
for sheet surface drainage to the northwest.
4. The existing holding pond north of the drive-in theatre
development is not acceptable to the City as an ultimate solution
nor as an interim solution inasmuch as an ultimate solution is
readily available.
~
.
.
Mr. Vincent G. Raney, A.I.A.
-2-
March 24, 1967
The ultimate solution referred to above is the construction
of the balance of the s'tQftl drainage sys'tem as proposed by
George B. Nolte, Inc. and approved by the Banta Clara County
Public Works Department.~cifically, this would require the
construction of the storm drain line from manhole #6 to manhole #4
as shown on the a!f5orementloned plan.
5. Payment is also due from Syufy Enterpr lees in the amount
of Pour Hundred Ten Dollars ($4l0. 00) per acre. This represents
the difference between the City's standard fee of Seven Hundred
Sixty-Pive Dollars ($765.00) per acre and the rate already paid to
the Santa Clara County Sto~ Drainage Assessment District in the
amount of Three Hundred l'iftY-Pive Dollars ($355.00) per acre.
A portion of this pay.ment could become refundable at the
time of the development of the northerly at acre. of the Syufy
property if a portion of the line between the aforementioned manholes
No. 6 and No.4 qualifies as a public faCility.
Should you have any question in this regard, please do not
hesitate to contact this office. Thank you for your cooperation.
Very truly yours,
WILLIAM G. WREN,
ACTING DIRECTOR OF PUBLIC WORKS
J
By Bill .M. Helms,
Associate Civil Engineer
BMH:cb
L C-, CJj- /71 tt-/1 ~jPZ_
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NOTICE OF PUBLIC HEARING
Before the Santa Clara county
Local Agency Formation Commission
NOTICE IS HEREBY GIVEN that on
,
APRIL 4
,
19 67 , at
-
'2:00 P.M.
, or as soon thereafter as the
matter can be heard, in the Chambers of the Board of supervisors,
county Administration Building, 70 West Hedding Streetl San Jose,
California, the Santa Clara county Local Agency Formation
Commission will hold a public hearing to consider a proposed
annexation of territory to the
CITY OF CAMPBELL
A copy of the Notice of
Intention to Annex territory, together with a property descrip-
tion and map, is on file in the office of the Commission,
Room 524, County Administration Building, 70 West Hedding Street,
San Jose, California.
The annexation proposal has been designated as:
MC GLINCEY 1967-1
.
The territory proposed to be annexed is generally located
as follows:
WEST side of
(north,south,east,west)
UNION AVENUE
(street or road)
BETWEEN MC GLINCEY LANE AND DUNCANVILLE COURT. 22.134 ACRES.
,.
ALL INTERESTED PERSONS may appear and be heard at said time
and place. Written communications should be filed prior to the
date of hearing.
~~ COMMISSION
Executive Offi r
please refer to
File Number:
C - MC GLINCEY 1967-l - 4-4-67
-I ,.(
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LAW OFFICES
OF
MICHAEL 01 LEONARDO
ROBERT L, BLAKE
.JAMES T. KELLY, .JR.
.JESS .JOSEPH AGUILAR
STANLEY F, LEAL
DENNfS fool, BOUROUIN
TH.EOOORE .J. BIAGINI
~l~ elaJe~ Keli/f. /I~ r: led
P. O. BOX 1205
400 SUNNYVALE OFFICE CENTER
CIVIC CENTER
SUNNYVALE. CALIFORNIA
736-3474
March 13,1967
Joseph A. Bonacina
City Attorney
City of Campbell
First National Bank Bui Iding
San Jose, Cal ifornia
Dear Mr. Bonacina:
In response to your most recent letter of March 10, 1067, please
be advised that the applicant, Syufy Enterprises, Inc., waives any and all
rights that might be established pursuant to any theory of non-conforming use
following annexation by the City of Campbell of their real property, all as
set forth in Paragraph 1 in your letter to me of February 6, 1967.
This waiver is, of course, made pursuant to the settlement arrived
at and conditioned upon the complete effectuation of that settlement agree-
ment as embodied in the prior correspondence and in Resolution #2180 of
the City of Campbell.
Yours very truly,
M-e;"".-L ~ ',(~ ~ d-tJ
Michael di Leonardo
Attorney for Syufy Enterprises, Inc.
MdiL:bcd
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CITY OF CM1PBELL
PLANNING CmlMISSION
APP LIe A!!_Q~__!:gJ!_~~~~_~ PRO V AL
2/1fJ
1967
Date
In accordance with Section 9316, Cha~ter 3, Article IX of the Cam?bell
Municipal Code of the City of Campbell, the undersigned hereby makes appli-
cation for approval of the attached ~lans.
1. The said improvements will be locateo on lanu described as follows:
(Insert or attach legal description)
SEE ATTACHED
2. The nature and purpose of the proposed inprovements are: (Applicant
should attach a written statement settine forth any information he believes
will be helpful to the Planning Commission and other City officers in con-
sidering his application).
ARCHITECTURAL APPROVAL OF A DOUBLE SCREEN DRIVE-IN THEATRE
3. The proposed improvements will cost approximately ~5,OOO
Filed in the Office of the
Planning Department on:
le site plans and ele-
4. Applicants should attach three
ning Commission, one by the City
Z88
Calif.
415 771-4822
City
State
2/17 IB7
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Telephone Number
Secretary
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USE PERMIT
CITY OF CAMPBELL, CALIFORNIA
APPLICANT
NAME
DA TE : 2 I 1 7 16 7
::INCI1ESTER DRIVE- IN THEATRE, INC.
ADDRESS
288$ 7UaX S7RCL7, SAN rRAKGISCO
TELEPHONEi
'7:1-4822
PROPERTY
ADDRESS
(ApplS.1FadtTM:6S-ii:~rattach legal description of property)
IMPROVE\1ENTS
Exis -..:in~:
DOUBLE SCREEN DRIVE-IN THEATRE
SAME AS ABOVE
Proposed:
USE APPLIED FOR: (Applicant MUST cite sec~~on number or Campbell
Municipal Code which authorizes Planning Commission
to grant the particular use applied for.)
UNDE~ SEC7:0X 9328 AND SECTION 9314.3 OF THE C~MPBELL
MUNICIPAL CODE TO ALLOW A DRIVE IN 7HEATRE IN AN M-I-S
ZOl'\E
-----------------------------------------------------------------------
APPLICATlm\
liNe, the unJersign0d person(s) having an interest in t~e above described
property, hereby make application for a Use Permit ..:,~ the nature set
forth above, in accordance with the provisions or "C~:'0 Campbell Municipal
Code or the City or Campbell, California, ~~) I/we hereby cer~ify that
the information given herein is true an~or/r'ect to the '-pest/ o-t:.nny lour
knowledge and belief. 1" ',// d ." , , V' T
i'ilT'lC\i;.cs1;1r UJlvc,-:-I.n Tq::ea-tre, ..::c.
Respectful)w~~:tse:d,and Ger~. :.1anagcr
/:::;;
By: 7::
the Office of
Depa~)~/;~
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(Signa'-tu'ye) '}
~~n Fr~nric~n} rnlif.
Filed in
Planning
on
L11S 771-IHi.?7
(Ad.dress)
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~lJ3 E. El C~miGo Rc~l
Su~nyv~l2, C~lifo~~ia
Feb~u~ry 17, 1967
J-:::J';) 1\'0. 65.:;--C6
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All th:l~ ccrt~in real prop~:=ty situ~~c in the County of S2~~a
St~te of California, more p&~ticula~lj described as follc~s:
Bc~in]li~~ at the most southc~lv co~~er of th&t c8~~ci~ Rcco~d
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O~: .;~CL:~ ~ .~ f; ~~' ~.~ ~;i uor:J .,-: l'sJ'~~:v.t ,,~f"Jbo~~~ ~~~~+;.g ll':V:~~ s '~~:; ~:7 'i ~; l~~~~ .._'~~:~ ~ G~':';;_l~~ 0120' :~~C:~~:~~~
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PLANNING DEPARTMENT
CITY OF CM1PBELL, CALI FORNIA
TO: APPLICAI~T.~_.JOR '~~". AF?~.QY'~I...,._--Y_AR~~_CE OR USE PEmnTS
The name (5) and RecorJerls Number, of legal owner (5) of subject
property must be supplied as part of application. A photo CO?y of ce~d
may be submitted for this information.
Please fill In necessary information:
Name (s)'as shONn on Deed
Name (s) as sh'J~m on Deed
# ! i ,__
Recorder's Number
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RES O~~~t,':~IC
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2180
BEING J.\ RESOL.C'T~:JI\.', ._~rI~?iII~~G P4l\JU CONFI~11-
ING S ETTLE1yI.2i\r: .!~'~~\~.D -=OjYJ?:~OMIS 2 OF DRIVE-IN
THEATRE LIT::CG~'_'I'=ON
~,IHEREP.S) Syufy Ente:.:~)r~__,;e
IGc.) through their proper
officers and legal counsel, ':::~1d ,;. r;..:::jority of the members
of the City Council of City of Campbell) at a meeting held on
, 7'" r-"M ~ -~'7 '-"
tna' Cti Gay OI ~eorua~y) ~~0 a~ ~~e
City Council chambers
to
discuss settlement and compromise of litigation involving the
drivc-i~ t~eatre) did come to an .:::greement on all essential
IJoir.ts;, ~~:~G
'>::~:2l~~\.S) Syu fy Entcr::,ris es) ruc. have this day submitted
th8i'J.:' l8tter of approval of the terrns and conditions of compro-
mise, 2:.-..0 reference to this letter and to the letter addressed
to Sy~iy Enterprises) Inc. of February 6) 1967 by the City
Attorney at the direction and order of the City Council) is
h8rebY::~2.de for further particul:.lrs) and
,:-.~:=l~EA.S) the City Council did on said 7th day of Februa::.::-y
anG nO\J, find and determine that it is for the best interest of
". , .- r, b l'
u~~y o~ vamp e ~)
and that the public interest) health) safety
2.'.-._ ;Ze'i.1eral o;;velfare would be sUJ:;erved by said compromise) and
c:)ensive litigation bro~glLt to .:.Hl end;
:\c:) THEREFORE, BE IT RESOLVED by the Ci-ty Council of City
o ~ C.s.m:.:,'c,:;ll.) that the s e';:tlement and compromis e as .:eflecte.d
1:.y the i~j,te.grated letters of Feb;:uary 6th and February 13th vlhich
J ~
a~e maae a part hereof) be) and '~he same is h.ereby ratified)
confirQea and approved.
BE IT FUI~Tl-lER RESOLV2D ~hat ''::'1e ?lanning staff, and a.ll
other responsible office~s p~oces3 as promptly as possible all
applica~ions for annexation, pre-zo-.:..ing, te7.t amendments, and
use permit applications, ana th:: such 1e3islation as will
ir-meGiate1y implement saio settlement and compromise be adopted)
and such other legislation be prepa~ed for adoption in the
irr~ediate future.
BE IT FURTHER RESOLV2D that tae City Attorney and the City I s
s?eci<::.l. counsel be) and 'chey arE:: he::eby authorized to accept such
aocum,:;:.--..ts, and ,to prepare) e~~eCL:te and file such documents and
~~:~IJ~~~:o_C ~~ ~~cy ~n ~~~:I..-
v """.J....J ..:...~.__ .....;J aQ L.....,,'- ...1. L.6.#.__.....
J-(~Sa.l
opinion will implement such
settle~2nt and compromise.
?~".SS2D P.ND ADOPTED this l~;th day of February) 1967) by the
follO'ir:;..'ClS vote:
~\.Y2S :
Councilr.1C2.n:
Rose) Smeed, Doetsch
NOES: Councilmen:
Hyde
A3~ENT: Councilmen:
Rogers
APPROVED:
Ralpn Doetsch, br.
lv"..ayo r
_~_=TZST :
Dorothy 'lrevethan, ~:l.ty ~ier~.
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ORDII~A.nCE'l\O. 579
BEING AN INTERIN ZC':INC C,~=,It1-\NCE OF THE
CITY OF CAHPBELL ;: ,~{..L'.t''I'::i<3 L\.NDS IN MIS
ZONES FOR DR IVE-I::: T.Hri,,"f~~.s US:S, SUBJECT
TO A USE PER1lIT 'r;::',~~~~EFOR
wclEREAS, Section 9333.6 of Chapter 1, Article IX,
of the Campbell Municipal Code, entitled Planning and Zoning,
provid8s that the City Council ~lay adopt as an urgency
measu=e and Interim Ordinance, pending the study by the Council,
Planning Commission and Planning Department of zoning changes
and requirements, and
vIT1EREAS, existing zon1ng resulations do not now permit
use of lands in MIS zones for drive-in theatre purposes, and
w~EREAS, a drive-in theatre has been constructed on
l~nds continguous to lands in City of Campbell classified as
HiS v~.....,..:re a drive-in theatre UG(~ is not now permitted, and
WHERFAS, the City COUtt,~il and the drive-in theatre
(..i.'1C':l..'S have affected a compromLie snd settlement of existing
~~~igation involving use of such lands in City of Campbell for
.... ,jrive.-in theatre purpose, vkd,::;h settlement and compromise is
"::~-.,. .r...~~
......... "'- L.....fC,
best interest of City (;;: C<::"-:1pbell, and will by the tc::-.::.s
thereof safeguard the health and safety of the people of the
City of Campbell and their general welfare, and
w~EREAS, applications have been filed with the Plann~ug
Dcpar~~~~t to amend the Municipal Code to permit a drive-in
theatre in the MlS zone subject to a use permit, and an applica-
"'.
SECTION TrlREE. Th~~ this o~dinance shall be and is
;~ -r -''''''t,,,
u~ ~lJ.i
declared to be an urg2ncy mc~sure and shall take effect
i~ediately upon its
adopti.o,;. .
,. :.........- '-
the
facts constituting
such urgency measure are as follows: The constitutional va11-
dity of existing ordinances and zoning regulations prohibiting
a drive-in theatre use in the MIS zones has been questioned,
and if their constitutionality wcr~ successfully attacked, it
vJOuld leave City of Campbell without o3:..1Y adequate means of con-
trolli~s such and similar uses; th~t such an attack would be
productive of additional and expensive litigation with uncertain
results; that this ordinance ;?ro'liding for use permit and archi-
tectural review procedures in th(~ affected zone is necessary
for the irrauediate preservation of the health, safety and general
welfare of the people of the City of Campbell.
PASSED Al~D ADOPTED this 13th day of February, 1967, by
the fol1c-;'Jiu3 vote:
..L..YES: Councilmen: Hyde, Rose, Smeed, Doetsch
NOES: Councilmen: None
ABS~L: Councilmen: Rogers
APPROVED:
Mayor
)..'..:'':l:ST:
City Clerk.
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tiot1. has been filed for sue:".:. UDC ?,:;l.....Jit ~ and
HHEREAS, the t~~,::&t:.:e (/v:r..;.:;:;:s will apply to City of
Campbell for annexation of their lQnds in the County to said
City, and should such a:rmc:;;;:.tio.r~ QG completed, City of Campbell
will be without adequate rcsulatiou to control said theatre use,
other than by this Interim 20::",;-'8 Ordinance, and
\.;/flEREAS) the City Council) the City Planning Commission
and the Planning Departm~nt based upon advice of the City Attorney
and s?ccial counsel, find that there is serious doubt of the
conscitutional validity of present zoning as it affects drive-
in t:1.eatre uses;
NOW, THEREFORE, the City Council of City of Campbell
does ordain as follows:
SECTION ONE. TILat a drive-in theatre may be permitted
within an area in the City of Campbell zoned MlS, subject to the
securing of a use permit in accordance with the provisions of
Sections 9328 through 9328.5 of the Campbell Municipal Code and
the securing of architectural approval in accordance with the
provisions of Sections 9316 and 9316.1 of the Campbell MUnicipal
Code.
SECTION TWO: That this Ordinance shall be and is herccy
declared to be of a temporary nature to serve only for a peric~
of ninety (90) days from its effective date or until such time
as the City Council has adopted an ordinance amending the Campbell
Municipal Code to permit a orivc-in theatre in the MlS zone, which-
ever period of time is shorter.
-2-
LAW OFFICES
OF
,V1!.'::HACL 01 LE:ONAROO
;.~Od=HT 1.... GLAKE:
..J I'~~ ~.1 .--:;:-. T. K e: L L Y, ..J R.
_JE_;';~ .JOSePH AGUILAR
3'7/J...NI_l:V F. I..EAL
;:)~,~NIS M. aOURQUIN
TH C:ODORE: ..J. BIAGINI
d~l~ &/ahf7, KdiLf, -IIc;uiku e led
P. O. BOX 1205
400 SUN'NVVALE OFFICE CENTER
CIVIC CENTER
SUNNYVALE. CA:"IFORNIA
736~34'/4
February 13, 1967
L' I I ,..... C '1
i 10nOre>) e \..lty ounc I
City of Campbell
C/o Joseph A. Bonacina
Attorney at Law, and
Richard W. Morton
A nomey at Law
777 North First Street
San Jose, Co I Horn ia
Re: City of Campbell vs Syufy En~.erprises, Inc.
Santa Clara County Superior Court No. 183110
Gentlemen:
I am writing you to set fO;"t:, my understanding (and that of my clients)
of the general sei"tlertlent arrived at be;ween i-he City of Campbell and my clients
of the above-entitled iitigation, ar,ci all o;.;'.er differences between the parties.
This let;-er is in respor,se to ;-ne letter of Joseph A. Bonacina, City
Attorney, City of Campbell, of Feb.-uary 6, 1967, addressed to me concerning
the abov,::;-entitled matter, and in view of the agreements reached at the meeting
of Februcry 7, 1967.
first of all, in fairness to both the Ci'iy of Campbell and my clients,
cefendc....;;.s in i-he above-entitled ?8...,ci;-.g p:ocecding, it is expressly understood
a:od ag;'",,;;;:d that no statements or representc;.'ons ("ode in connection with the
sej'j-!em;;;:n';- and resolution of all differences between the pa;-ties shall be used by
eid-.er -;x:;.;;-y in the event that the settlemer.t arrived at is not completely effectu-
a ;\2:d .
R€;;:8.-;"i.-~g now to the numbered paragraphs of Mr. Bonacina1s letter of
February 0, 1967, we acknowledge acquiescence and agreement to be bound by
the conc;j-;ons as set forth therein in Paragraphs 1, 2, 3, 4, 50, 5b, 5c, 5e, 5f,
~gl 5i ar,co 5i.
With r;;;sc.rJ ;'0 tne condition set forth in Parag:--:p:. 5d, i.e., on auto-
matic s:',v.;.off of earspE;okers and outside loudspeakers, it :::; ::,y understanding that
a II conce.-r.ed understana that there are not outside I o v GS::)":;':' ;~":'jS, nor are any
conj'em;:)!c.';ec, nor will eny be built in connection with i"r,e Winchester Drive-In
Theatre. ,,', addition, it ;s my understanding that it wili 6e satisfactory if defen-
danj-s p."ov:':':e rora separate circuit for the ;'iterior car speaKers for the parking
spaces on rr.e perimeter oi the drive-in theatres so that there can be a separate
control for so id speaker;;;.
di ~ Blake; Ke!JfJ/, llqaikv~ r:.led
Hono,'abie City Council
Cry of Campbell, etc.
Page Two
Februa ry 1"3, 1967
With regard to the condition of Paragraph 5h, it is my understanding
;:',C;;- ,.:lpresentatives of the City or Campbell and of derendants have already dis-
cusse,:; :n some detail, and depth, adequate landscaping screening. This mayor
~.::;y r,o;' include trees on offset for a depth or rour rows.
With regard to the provisions of Paragraph 5k, defendants and cross-
cO:li?;air.ants agree to abide by any and all reasonable conditions that may be
rr:l?os~d as a result of hearings held in connection with use permit requirements.
Most impoltantly, it is our understanding that the agreement has been
leeched in the I ight of the existence of a double-screened drive-in theatre,
CO:1st,'uction or which is almost completed at this time.
! reaiize that the mechanics, procedures and legal requirements of
effecj-uat:ng a binding compromise settlement or the disputes existing between
private p~:ll'i-ies and 'j-he City or Campbell poses problems. My cl ients repose
tr0.>t and confidence in the announced decisions discussed, and in the good
ici:-h and integr:ty of the members of the City Council of the City of Campbell,
Gnd its attorneys. I can assure you that we will do all within our power to co-
operate and meet in full all of the obligations assumed by virtue of this resolu-
tion or the differences and dispute between the parties.
Respectfully submitted,
I .~
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Michael di Leonardo
Attorney for Syufy Enterprises, Inc.
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Mr. di Leonardo
February 6. 1967
page two
and further subject to an agreement to execute any and all
documents and/or instruments that might be required or be
reasonably necessary to accomplish this result.
2. The City will entertain and initiate such pre-zoning
procedures if we can come to an agreement.
3. City will accept and process applications for text
amencments which would allow a theatre use in the ~us zone.
4. City will accept and process application for use
pcr~U1it for a drive-in theatre on property to be annexed, and
on any access points now in tho City that are to be used.
5. In granting the usa parcit. the City Planning Commi-
ssion and the City Council may consider the imposition of
conditions suggested by staff. of which ~. Jack Haigh of
S)~fy Enterprises, Inc. was heretofore notified. The conditions
which may be considered are as follows:
a. Develop satisfactory plan for street access includ-
ing the pcssibilicy of using Cristich Lane as
main access road ;u1.d bearing fair costs for improve-
ment thereof. IE wcter district land is to be used
for access. therG will be full street acquisition
and improvement b(ltween theatre property and McGlin-
cey Lane.
b. Storm drain area fee at standard rate.
c. Arrange with Dist:":ict 4 for extension of seV?er
trunk through bt::L~l.lCe of cwnership.
d. Automatic shut-oLf on ear-speakers and outside louo
speakers.
e. Adequate gates for ingress - including manning.
f. Manager to notify Police Department as much in ad-
vance as possible for shows expected to draw
large audiences.
Mr. di Leonardo
February 6. 1967
page three
g. Be required to hire officer for traffic control
when de~~cd necessary by Department.
h. Provide adequate screening on entire perimeter -
may include trees on offset for depth of four
rows.
i. Install necessary water lines and hydrants for
fire protection as approved by the Fire Chief.
j. Payment of all litigation costs and feas of the
present litigstion.
k. To abide by such other conditions as may develop
during the cou~se of hearings in connection with
use requirements.
l;(;2:otiations for settlement in line with the foregoing will
bo entertained only upon your client's immediate terminat~on of
all construction of a second screen. The matter of a second
screen is left to further determination.
It is further understood that all matters such as annexa-
tion, zoning, text amendmznts. and use permits are subject to
public hearing and that neither the City Council nor the Plan-
~ing Cc~=ission have autl10rity to contractually obligate the
City ~o gr~nt or deny annexatio~, zoning or use permits.
He believe that this letter clearly sets forth the position
0:2 the City, and the basis upon which it will entertain further
settlement discussions.
Yours very truly,
J!J3 :be - ccs:
l.~. Jaclt liaigh
!:Ir. f~icha%'d t~. 11orton
l<:r. Richard V. Hogan /
Hr. I~obert C. Stephens
!1r. Ralph Doetsch
Hrs. Dorothy Trevethan
JOSEPH A. BONAClNA,
City Attorney
,.
,
EXHIBIT A
Beginning at the point of intersection of the southeasterly
line of Route 5 (State Highway), as said line was established by
Parcell in the Deed from Ellen Scorsur, a widow, to the State
of California, recorded in Book 3537 at page 478, Official Records
of Santa Clara County, with the southerly line of that certain 10
acre tract of land described as Parcel 2 in the Deed from Nick
Scorsur to Ellen Scorsur, recorded in Book 650 at page 351, Official
Records of Santa Clara County; thence from said point of beginning
along said southerly line S. 890 491 10" E. 1182.13 feet to the
southeast corner of said 10 acre tract of land; thence N. 00 231
14" W. 362.48 feet; thence S. 890 56' 36" E. 3.54 feet; thence along
the easterly line of that certain parcel of land described in the
Deed recorded in Book 650 at page 351, Official Records of Santa
Clara County, N. 60 21' 02" E. 725.29 feet; thence N~" 7" 211 02"
E. 221.63 feet; thence N. 890 50' 16" W. 224.45 feet to.a point in
theoforementioned southeasterly line of Route 5 (State Highway);
thence S. 460 211 02" W. 582.38 feet; thence along an arc of a curve
to the left, tangent to the preceeding course, having a radius of
3000 feet, through a central angle of 210 141 59" a distance of
1112.62 feet to the point of beginning.
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EXHIBIT B
Beginning at the point of intersection of the southeasterly
line of Route 5 (State Highway), as said line was established by
Parcel in the Deed from Ellen Scorsur, a widow, to the State of
California, recorded in Book 3537 at page 478, Official Records
of Santa Clara County, with the southerly line of that cer,tain
lO acre tract of land described in the Deed from Nick Scorsur to
Ellen Scorsur, recorded in Book 650 at page 351, Official Records
of Santa Clara County; thence from said point of beginning along
said southerly line S. 890 49' 10" E. 1182.13 feet to the south-
east corner of said 10 acre traGt of land; thence N. 00 231 24"
W. 362.48 feet; thence S. 890 561 3611 E. 3.54 feet; thence N. 60
21' 02" E. 725.29' to the true pqint of beginning; thence from
said true point of beginning N. 70 211 02" E. 22l.63.feet; thence
N. 890 501 16" W. 224.45 feet to the southeast line of Route 5
(State Highway); thence along last mentioned southeast line S. 460
211 02" W. 582.381; thence along an arc of a curve to the left,
tangent to the preceeding course, having a radius of 3000 feet,
through a centeral angle of 60 35' 04" an arc 'distance of 344.75
feet to the point of intersection with a zoning line; thence along
said zoning line S.' 890 56 I 36" E. 791.90 feet to the eas.terly line
of that certain parcel of land described in Book 650 of Maps at
page 351, Official Records of Santa Clara County; thence along last
mentioned easterly line N. 60 21' 02" E. 444~ feet more or less to
the true point of beginning. J
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CALIFORNIA p~;f7)
CITY OF CAMPBELL,
20 January 1967
To: City CouDcil
Plannin~ Commission
Department Heads
Prom: R. V. Hogan, Planning Director
---; ()
\
The attached is a copy of a letter sent,PY' Syufy Enterprises regarding
the proposed conditions in the event the use permit for the Drive-In
Theatre is approved.
./'::.-, / /
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R. V. Hogan
,-,/c~
RVH:bt
"HUB OF TilE FABULOUS SANTA CLARA VALLEY!"
75 NORTH CENTRAL AVENUE. CAMPBELL, CALIFORNIA. 95008 . TELEPHONE (408) 378.8141
19 January 1967
Mr. Jack Haight
and Syufy Enterprises
288 Turk Street
San Francisco, California
Gentlemen:
Following is a list of conditions that will be recommended by the
staff to the City Planning Commission and City Council to be
attached to any use permit and architectural approval for a drive-
in theatre on your property off McGlincey Lane. This list is
not conclusive and is subject to addition after the specific plans
are presented for consideration.
It should also be noted that the conditions will apply only if the
necessary changes are made to the zoning ordinance, that the property
is annexed and that the use permit is granted. No assumption can be
made that these actions will be taken. They depend upon public
hearings and decisions by the Planning Commission and Council.
A copy of this letter and the list is being sent to each of the
members of the City Council and the Planning Commission as well as
to our City Attorney.
We will review your applications when submitted and continue to
advise you as to the requirements of the city ordinances and
recommendations of the staff.
CONDITIONS
1. No second screen.
2. Develop satisfactory plan for street access including the
possibility of using Cristich Lane as main access road and
bearing fair costs for improvement thereof.
If water district land is to be used for access, there
will be full street acquisition and improvement between
theatre property and McGlincey Lane.
i 3. Storm drain area fee at standard rate.
,
4. Arrange with District 4 for extension of sewer trunk
through balance of ownership.
S. Automatic shut-off on ear-speakers and outside loud-
speakers.
6. Adequate gates for ingress - inCluding manning.
To: Syufy Enterprises
- page two -
18 January 1967
7. Manager to notify Police Department as much in advance as
possible for shows expected to draw large audiences.
8. Be required to hire officer for traffic control when
deemed necessary by department.
9. Provide adequate screening on entire perimeter - may include
trees on offset for depth of four rows.
10. Payment of all fees.
/
11.
Annexation of all property.
Very truly yours,
CI,~ , OF/C~M, PB~,,~L PLANNING DEPARTMENT
[\/. ( , y/c ;/P<L-
R. V. Hogan, Planning Director
~L--;"""'"
J.jJ~~~1
(~7 )
C 0 U N T Y 0 F 5 ANT A C L A R A
PLANNING COMMISSION & BOARD OF ZONING ADJUSTMENT
SUM MAR Y 0 F ACT ION S
REGULAR MEETING OF AUGUST 17. '966
ROLL CALL: 10:37 a.m. Quorum of 7 members
MI NUTES: 4/20/66, 5/4/66 Approved
5/18/66, 6/1/66 Approved
6/15/66, 7/6/66 Approved
7/20/66, 8/3/66 Held
8/12/66 Held
REPORT OF THE CHAIRMAN NONE
REPORT OF THE DIRECTOR NONE
2
3 SUBDIVISION TECHNICAL COMMITTEE REPORT
a
b
11 S 66. 3
1 2 S 66. 1
Teak Associ ates
Richard H. Guelich,
III, et al
4 SUBDIVISION COMMUNICATIONS
a
Request of Howard Carver for modi-
fication of building envelope for
lot 13, Tract 3975, cluster housing
development on Page Mill Road oppo-
site Altamont Avenue.
b
Discussion relating to further
modification of building envelopes
and cluster housing development,
Howard Carver, Tract 3975. Lot 17,
Page Mill Road. opposite Altamont
Avenue re: modification of building
envelope and possible effect on
approved septic tank facilities.
CONTINUED PUBLIC HEARINGS
5
24 Z 66. I
Syntex Laboratories, Continued to a date uncertain
Inc.
Preliminary Map--No action required
Referred to Subdivision Committee for
further study
Modification granted
Modifieation approved with the criteria
stated in applicant's letter, provided
it meets approval of Co. Health Dept.
14 A 66. 39
ARCHITECTURAL & SITE APPROVAL COMMITTEE ADOPTION OF REPORT OF FINDINGS
6
C. Elwood Maynard
(Pay-Less Bldg.
Supply)
RECESS
Granted ASA with 15 conditions
I I : 45 a. m.
Summary of Actions--August 17, 1966
RECONVENE - ROLL CALL
PUBLIC HEARINGS
7 6 P 66.4 John B. Maridon
(Oitz-Crane)
8 6 Z 66.4 Mary E. Bogdanovich
9 7 Z 66.2 Valley Title Co.
10 12 Z 66.2 Edward Gordon Seymour
11 14 Z 66.9 PC/Joseph T. Hart
12 18 Z 66.4 Blaser-Flanagan-
Loscalzo
13 COMMUNICATIONS
a
Request of John Maridon that con-
tinued hearing on U.P. applIcation
No.6 P 66.5, for a service station,
Stelling & McClellan Roads, be set
for 9/7/66.
b
Jean M. Blum, representing Win-
chester Theatres, Inc., that public
hearing on appeal of City of Campbell
from decision of the ASA Committee
be set for 9/21/66.
c
Request of Chris Loughlin for re-
newal of ASA No.6 A 64.20, issued
for a service station, Foothill
Blvd., northerly of Stevens Creek
Blvd.
d
Request of James Shaull for renewal
of U. p. No.6 P 65.7, issued for
family recreation center, Stevens
Creek Blvd. at Mann Drive.
14
BOARD REFERRALS
15 ANNOUNCEMENTS
a Announcement of City of Sunnyvale
of public study session to consider
further zoning along Saratoga-
Sunnyvale Road; 8:00 p.m., August 25,
1966, at Ortega School.
1:38 p.m.
Quorum of 6 members
Appeal granted, w/l condition
Favorable report to Board
Favorable report to Board
FavOrable report to Board
Continued to 9/7/66; referred to staff
for study of appropriate zoning
Unfavorable report to Board
Request granted; Secretary directed to
renotice the hearing
Request granted; Secretary directed to
notice the hearing.
Request granted
Secretary directed to set time and date
for public hearing on the request
NONE
-2-
Summary of Actions--August 17, 1966
16 OTHER BUSINESS
a
14 P 60.1
Frank Lewis
b
Request of Evergreen School
District for approval, as to loca-
tion, of an intermediate school
site, Quimby Road.
c
Discussion relating to preparation
of standards for service stations.
ADJOURNMENT
JSH:nas
Granted renewal for two years and modified
to render permit non-transferable
Held to 9/7/66; referred to staff for
further study
Staff to prepare suggested standards in
cooperation with the cities.
5:30 p.m.
-3-
"-"-'
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A.~ ~~L~~-
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Time:
11th day of August 1966 -
Place: Mr. Hogan's Office at the Planning Department, City Hall,
75 North Central Avenue, Campbell, California.
Conference between the following: J. A. Bonacina (via intercom),
R. V. IIogan, W. G. Wren, W. L. Morser, and Bill Helms, Evelyn Adamson.
Mr. Bonacina's Secretary: Mr. Bonacina's Office.
Mr. Hogan: Is Mr. Bonacina in?
Secty: Yes, he is.
H: This is Mr. Hogan, may I speak to him?
S: Just a minute.
Mr. Morser:
'Course he got chicken, he took the afternoon off when I
went out there to serve them. He said, I'm behind you but all the way -
he was, clear over on the east side.
Mr. Wren: What did he say?
II: Joe, this is Dick.
B: Yes.
H: I have the Building Official, the Public Works Director and an
a~dience here to discuss this problem so we can all listen to your
words of legal wisdom.
What" do they want to know?
Ii:
Well, one of the things was - you wanted me to call you this morning.
Yeh.
First th~&g. And in your discussions yesterday, 1n talking abou~
~r.e issuance of this permit,
B: The reason that I wanted you to call me this morning 1S that In
reviewing, and further researching, the authority that you sent, : =~nd
that the Brookline - somebody vs Brookline is the case that is very, very
c:o~~ to our situation.
11: Good.
B: In that case, they attacked the constructio.n of yards and service areas
back of apartments that were in Boston. The zoning of the Boston apartment
was correct for the apartment but the zoning in Brookline was residential
and they held that they couldn't use the rear yard and the service areas -
for trucks and so forth, service people, because of the value
of the zoning ordinance.
H: G re at.
13: So, Dick Morton was quite delighted - of course, I was, too; so, it
looks like we are in pretty fair shape, legally, if the Court doesn't
decide we want California Law - but the only California Law we have
is the City of San Francisco vs Safeway Stores which is pretty much In
line but I think now that legally our position is stronger than I had
originally thought.
H: Wonderful.
B: Now, as far as this situation today, have these other people applied
for anything.
11: They came in originally and applied for an excavation permit for the
driveway, for the access road, to the Public Works Department; and this
was on the 8th. I believe.
13: Yeh.
H: Or the 9th.
13: And they were turned down.
H: They were turned down.
13: All right.
H: #1, on the grounds that they had not submitted any plan -
13: All right.
1I: - for the development of the driveway and the other on the grounds
~at even if they had submitted a plan, that this was for a purpose that
illegal as far as the City of Campbell is concerned.
vI as
1'; .
) .
They were acting prospectively as far as the purpose IS concerned.
11: That's right.
B: But they did have another ground that was independent of the purpose.
Il: That's correct.
B: So that we were on solid ground when they turned down the permit and
they didn't have to rely on the fact that the roadway might be used
illegally.
Now, we can't, at this point, concern ourselves with the
\
illegal use of the roadway - we know it could be used illegally.
H: Yeh.
B: Yet. Therefore, they may lawfully construct driveways and so forth,
IF, if they comply with our requirement - but beyond that they can't go.
H: Well, in complying with our requirements, Joe, as far as the
Ordinances are concerned, can somebody just construct a driveway across
a lot without contemplating that there is any architectural review or
anything of this kind involved? I mean, we require an architectural
review, for example, for any development and this includes a development
that a "guy" wants to go out and park on his property - wants to
establish nothing but a parking lot.
B: What they've got to show is in their plan - has got to show what the
use IS.
H: Yeh.
B: And, I don't know that they did that.
H: No, they didn't.
B: They didn't show the use, they just wanted a permit to have a driveway.
II: Right.
B: Now, let me give you the language that Dick and I have come up with
in connection with such an excavating permit as it is issued:
H: Okay.
,i. Betty, bring that short slip, there, that I gave you - the one that
~a~~cd you to make on plain paper.
H: ;..lark 110.
13: Hello.
H: Yeh.
13: Everybody got their earphone?
H: Yeh - we've not only got ~ur earphones, we've got 'our tape recorder.
13: You're going to tape me, huh? You're really going to get me on the
record.
II: Well, we want to - I hate passing out second~hand information because
it gets terribly confused.
13: Yeh. All right. Well, I can understand that, too. Now, this is
the language that I have suggested to be attached to any excavation permit
that shall be issued. The issuance of the attached excavation permit
shall not be construed as a Waiver of City of Campbell's rights to
enforce the provisions of its Zoning Ordinance by injunctive process or
otherwise to prevent the use of certain access ways to the drive-in
theatre si~e for theatre operation. .. that any work done or to be done
is without prejudice to the City's rights that the permit is limited to
work which you may lawfully do and the issuance thereof will not
consti~ute a defense against any action hereinafter instituted by City
of Campbell to enjoin the use of access routes to and from the proposed
drive-in theatre.
H: Okay.
13: Now. We can't resist too much the granting of the permit for t~e
driveways if they have - show some plans and so forth. Dick Morton
and I have determined that the construction of driveways is not of
itself unlawful providing they meet any other conditions that you h~.~.
A:1c1 we don't want to - we want to avoid the possibility of any manc._ ,.S
_ction; although, if they did institute a mandamus proceeding, our
position on that would be that they have acted without benefit of permit,
without the issuance of a Building Permit by the County which may now
have been issued.
tI: We'll check that this morning.
B: At any rate, anything that they have done, they have done unlawfully
and, in order to testify a Writ of Mandate to the City, they must come
in with clean hands and show that they have an absolute right to the
permit. So., #1: if they haven't provided any plans and haven't met
the requirements, they are not entitled to a permit. #2: the fact
that if we know that prospectively it will be used for the theatre,
I don't think in the face of a mandamus suit that the Court would say -
Well, they haven't used it yet.
H: Umhm.
B: So, those are the things we are up against. Now. I'm having this
typed and if someone wants to pick it up, it'll be fine; and I'll have
it ready this morning.
II: All right, Bud and I are gOIng to go into the County offices this
morning and we will drop by your office before we come back out here
~d give you the information we've gotten at the County and pick up that
particular report.
B: All right, fine. Now, I'm sending letters to these people: putting
them on notice that any work they do or any work that has been done will
not c~nstitute an offset against any action that we have. And these letters
are sent to Bpccardo, Syufy's, Scorsur, and his sister, Mrs. Talia, and
to Wilburdon Construction Company because that's where the work is being
done. Haven't done anything on Cristich, have they?
H: No.
B: They haven't done anything on Sant~Clara Valley Water Conservation?
H: No.
B: All right. But they could, huh?
H: Right. Letters should be sent to them, too.
B: One to Santa Clara Valley Water Conservation and one to Cristich, huh?
II: Well, on those property owners that you had previously, Joe. Now,
Jimmy Griffith, particularly, should be sent one because he apparently
is trying to involve himself in this ~hing from a contractor's point of
view as well as the possibility of his involvement from a property owner's
point of view.
B: Well, now, one should go to Cristich, huh?
Morser: Jimmy Griffith.
II: Cristich and Griffith Griffith IS the one who owns the property
immediately adjacent there.
B: All right. lIe was on that same list.
II: Yes, he was on that same lis t.
B: The name is Griffith and Cristich.
H: Uhhm.
B: And, those people where there's either work done - or there is
imminence of work to be done.
H: Yes.
B: Okay. All right. Then, I'll just get those ou~ a~d we'll go from
there.
II: Now, one thing - on our - In the provision of our zoning ordinance -
as far as architectural review - we require architectural review for any
kind of development or proposed development and I'm wondering if this
wouldn't include this driveway as much as it would anything else because
In our architectural review, we require the purpose and so on of the -
B: 1voll, the architectural review isn':'t,limitedjustto;buildings" is it?
II: .\0, it is not.
D: It's - it encompasses development of any kind, doesn't it? Well, then,
you have it.
H: Any development on the land.
D: Any development on the land is subject to your review.
II: That's right and we would require - even if we did permit a driveway -
we would require landscaping and all that sort of thing.
B: Well, it's okay. I'd make - you've got enough there to bring them
In line and for every violation it~just makes it that much more difficult
for them.
H: Okay. We will -
B: And, certainly, Dick, it will destroy if they go in here after notice,
it'll destroy any claims that - "we've spent all this money...".
H: Umhm.
B: They know that they're in this great. Even if we did nothing, they'd
still know it.
H: Yeh.
B: But we're putting them all on notice.
H: Well, now, I'm wondering if in the Public Works Director's issuance
of this excavation permit, if he can issue an excavation permit in the
face of the people not having any architectural approval.
B: Well, I would instruct the Public Works Director to advise these
people on the application that they've got to get clearance from our
architectural review committee on the development of the land.
II: Okay. Fine.
B: Because of that fact, he IS not in a position to issue the permit.
H: Right. Okay.
B: Let them apply they've got to comply with our requirements not
just simply act upon an approval that's been given by the County. Just
the County took the position that any question of access should be
_~c between the contractor and the City of Campbell and that th C
e OUntv
was not interested - it would lssue its permit, see?
H: Right.
B: So, the City has then a right to remake all the requirements or
require them to comply on all work that's being done within our City.
H: Right.
B: I can't
H: Okay.
B: I mean,
see that we can take any other position.
if you're on solid ground that the architectural review
features relate to all the development, then that's the course to pursue.
Then, they can "holler" what they want to.
H: All right.
B: So. NO\oJ. Is it clear?
H: Yes, I think so.
B: And you've got it in a tape.
II: Right.
B: Because (laughter) I want to be sure myself that what I said is
right.
(more laughter).
H: We've got it taped so that you can review what you've said.
B: Well, I suggest that you make a transcription of the tape.
H: All right.
B: At the earliest opportunity and let me have a copy of it for the
purposes of having a record here in the event somebody calls me and
wants to know "What, in hell, did you tell them?" - and I'll tell them
exactly what we read in the tape.
H: Right.
B: Word for word. And Irm sure of my ground.
11: O~ay. We will see you later on this morning - Bud and I will be hy
v pick up that written document.
You think ~hat there will be anything there that should be
.
discussed with Mr. Morton because, if that's the case, I'd like to tell
him that you are coming in.
H: Possibly, Joe, we're going to look at this plan and we can't tell
until we look at it but the one thing that we're extremely concerned
about In this plan is the drainage. And this may very well become a
part of our action and pleadings because this drainage is 10 cubic -
B: -drain on our lanJ?
H: What?
B: Will they drain on our land?
H: There IS a very good possibility that they would.
B: Well, we'd better determine that because, you see, these damn pleadings
become more and more complicated as we go along.
H: Right.
B: And, that's why it's almost an impossibility to say, "I'll get them
out tomorrowM, because each time we turn around a new facet develops.
II: Right.
B: We want everything in the pleading that we possibly need to sustain
our position.
II: Right.
B: If drainage IS a problem, then I would have to have that spelled
out at what way it would be a problem. And that would be another cause
of action.
L.(.
1. .
Okay.
B:
I envision now a cause of action for injunctive relief for - on the
theory of street use imposing an additional burden upon us; cause of
action of street use in violation of existing plans for the development
of the area and a cause of action based upon the increased Police duty
._~, finally, a cause of action for declaratory relief to have the
Court determine that in this area, the City of Campbell 1S the prime
juris~iction - and the requirements of City of Campnell will have to
be met as well as those of the County of Santa Clara; and, if the
action is illegal as far as City of Campbell is concerned, we don't
care what the County does. Just as in the Massachusetts case of
Brookline
Brookline says "no, you can't use these backyards in our
residential area for backyard purposes for an apartment house - we
don't care whether you can build an apartment house in Boston, but
leave our land alone." That's it.
ll:
Good - this is great.
B:
Well, I mean, that's what it says.
II:
Yeh.
B:
I'm not using the language of the Court - but that's what it says.
ll:
Umhm.
B:
So, there we are.
1,1.
l.
Well, now let me see if anybody else has a question before we close
off here. Bill, do you or Bud - no, they don't have any questions.
Apparently 0vcrything is clear.
B: All rignt. Now, this is not on the same subject matter - but
since you ~ave Bill Wren there, ask Bill to give to me as soon as he can
the data on the Neff property - the diagram, etc. - and #2, see if you
can dig up that old contract between the City of Campbell and the
Wistar H" Lands.
Wren: Okay, Joe.
B: Okay, you got it?
H: Bye, Joe.
* * *