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956 San Tomas Aquino Rd. (TR6707) --.---- .- .---- ---. ..-- ~.4u_ ...\ I ( ~1r.~RT?F C~~R~P~V~~U~ CAMP BEL L, C A L I FOR Nt-A 95008 (408) 378-8141 ~... / '-.... Department: CITY MANAGER January 15, 1982 ff'/ED Honorable Susanne Wilson Chairperson Santa Clara County Board of Supervisors 70 West Hedding Street San Jose, CA 95110 h~:;_, J [}~,;, ~ 1: . , -, t t.,.- J I .._~. . RE: EXTENSION OF TENTATIVE MAP 6707 Honorable Board Members: I have just learned that the extension and modification of Tentative Map 6707 will be before the Board of Supervisors for adoption on January 18, 1982. As you will recall, the property in question is located in the Campbell Urban Service Area, and has been approved for annexation through MORGA island annexation proceedings. Actual annexation of the area (Lovell 79-16) was delayed due to the filing of a suit by Mr. and Mrs. Kanawyer. Campbell's General Plan provides for low density residential development (less than 6 units per gross acre) in the area of the Kanawyer property. This policy was adopted in June, 1978, after an extensive review of land uses in the San Tomas area. The City Council has consistently expressed its objections to the proposed project because it is not compatible with the General Plan. Your Board has a longstanding policy of not approving projects in a city's urban service area when the projects are inconsistent with that city's General Plan. That policy has served us well. We therefore respectfully request that the Board uphold that policy and deny the requested tentative map extension. Thank: y.oufo~ your. consideration or this matter. Respectfully, .tt) . f~G. SChilli~ City Manager (. EGS:bso HARRISON and KONe. INC. Consulting Engineers 12Trt'~~mnr.-'8rrit~ 1 'to; -sa" -Jos~ -eattfofl'tts-95426 (408) 286-6106 1033 Willow St. - Suite 200 - San Jose, Ca. 95125 July 15, 1981 Mr. Joe Elliott, City Manager City of Campbell 75 N. Central AVe. Campbell, Ca. 95000 Re: Storm Drain Connection for Kanawyer 9 Unit Condominium Project 956 San Tomas Aquino Rd. (#79628) Dear Mr. Elliott: As a condition of the referenced project'being permitted to connect to the existing San Tomas Aquino Rd. storm drainage system, I agree to the following: 1. The new storm drain line proposed for San Tomas Aquino Rd. improvement will be constructed as determined by your office to convey the project storm water either to the north or to the south. Said lines are to connect to the existing storm drain system. Further, that if the new lines are constructed to the south, that new drain inlets will be installed at the inter- section of Love1 Ave. and San Tomas Aquino Rd. 2. In addition to the construction of the storm lines in San Tomas Aquino Rd., I also agree to contribute $15,000 to the San Tomas Aquino Rd. Storm Drainage Fund. your{1;;e ~_"I_h') Mrs. Carol Kanawyer, ~ Property at 956 San Tomas Aquino Rd. JRH:gh cc:John Norman, Attorney Jim Sirr, County Engineer HARRISON and KONG,h...C. Consulting Engineers T21t"Par1\A'VeTme:-gmre"11O',-sarr-.:tos~,-em+fO'rnta-95'1-2& (408) 286-6106 1033 Willow St. Suite 200, San Jose, Ca 95125 July 8, 1981 RECEIVED /1/1 9 1 u L L 981 my MANAr,FR'.~ OFFlr.F Mr. Robert Stephens, City Manager City of Campbell 75 N. Central Ave. Canpbell, Ca. 95000 Re: Storm Drain Connection for Kanawyer's 9 Unit Condominium Project Tr. 6707 956 San Tomas Aquino Rd. (#79628) Dear Mr. Stephens: We applied for an excavation permit (no. 81-244) on June 23, 1981. The purpose of this application was to connect the storm drain for referenced project to the existing storm drain at San Tomas Aquino Rd. and Smith Ave. The city engineer denied the permit without explanation. We hereby appeal the denial to your office for consideration and request that you direct the city engineer to issue the permit. All conditions established by the county have been met by the developer except the permit from your city. We hope to obtain approval of the Board of Supervisors this month and record the tract map. We would appreciate your cooporation in this matter. Yours truly, JRH:gh / cc: John Norman, Attorney Carol Kanawyer, Owner Jim Sirr, County Engineer HARRISON and KONG, INC a;7J~ John R. Harrison, President Civil Engineer . . CITY OF CAMPBELL . I Department of Public Works CONTRACT IDENTIFICATION PROJECT INSPECTOR'S DAILY REPORT Project or Permit No. Name or Location ;)P Cc /(') 7 , ~f 4. ,5') h&" So ~c. /J .4Z--c. Page of Date c;? 7?- J:' _-:5 , /'J- ::'2-C" e v (~J~d~ c ./~ ;'7'-' I .eruk.?7\.4. 't:Z=. ~ __'\__-2-'_ v'/ / ") //// / ---""t~ ./ /c';;~I' C. Y-r" c:? c? /4..t~~.rt-~'U'...---... CITY ENGINEER r PROJE ENGINEER /v PROJECT INSPECTOR --,-- --I- --.h .j. ) ,-I" I' I F>~ c-' c 'y'jY -( ? '--' /7 l.-- , t:J y:. ~ ;5 )~/I ~/fl i', I. F/ <. 1 '- -c- ;; r- :;.;' ~,. ~ /1 " /i j/ ___~ -/J ".{";.::' A)J ~~) / ,-,~<.> / ~ , , /:- ./ /",,~' ) / I d-/- ,,' " t / C7 C'. I). /''-7 ,'.' .' ,'.- / ........ ~" i .,", ' ',/ ../) ./ ; u <"~",, ;2 1/ /' - c. ,-6 (/ .- c. "'--- /,,,, " - 7/ / ,5 ~,. /: ) l ,,-G'/,/ .~</ / I I} J '_/: /(/, ) !/ /_. {,.-.. '. "1,<' .' I ( " I' / ; r~ "':,." .ld.,. x' !' ';:J .-//..." /' t'" ,.- "l, I . .....A::-("J.. ) / ~I/ " ) / .c:/.' , , .- -, ......N.... . ~"I/ ..~?.,. '-~,,~ c.J.7 , . , if" I ~/ --- ~. ..:: -::" -:,'''', . ,,,~ . ~. ~ I -;/ j,;'/ -< :' \o-~) / <~-:'" '- I , - P / ~ jr"/ /? .. ~ " d '" I" ,. ;,/ /.,:. ;+ P \. '" - i , , I . / ') /~ ,,_ ~::'.t';) t...!,___../..'.- (- j.~ i-:'~ J /. ~ 7'" . (, , ~',':~, '" ,/ ?- )16: ~-,,' ..."-V',.Jo / // /.~.. ,/ . "- .<'4' \ ,/ ..?/ ~. / '\ f:" ---.I >;~ ,. I ! /' ---'- ./ ",. (f \-... " - County of Santa Clara California . D /' ! Z J~ o/. /. f tc/', ///.~>. .R" -- /7{. ( ~' y, '...,/ Office of the County Coun~~-'/ \ ~ 7, .: (~/l':::. County Government cente, r, East Wing -- J rt2; ~c' . ~ 70 West Hedding Street , 0.:) San Jose, California 95110 299-2111 Area Code 408 Mr/ '.. 1981 Selby BroJ..n, Jr, County Counsel 1 Rtc,. t , , >,./ +. MI. Ruhetl Oemp~ter [\ t "=o.::npy at Law :;03::5 S tl'vens Cr l-'("k Cu~ertino. CA 95014 Blvd. , [); '. i" j:, . E,', "'. :; '](<4 ~ccc. M4r IVca 19/;, tlfy ~81 414111 wr,fll'r , Dfflf.r P.e: K8nrtwvE'r v. ..fyun tJ.', et r 11 . Super;or C,- Il:t No. ,~6,)'~ T (Suit challenging valid~.ty of annexa._ion of T o,'ell 79..16 to City of Campbell) Deal' Bob: To my surprise and dismay, Judge Allen overruled our d(>murrer to the above complaint. His ruling is contrary to the statutes imposing a 60-day statute of limitations from the completion date of annexations, and is also in- consistent with an earlier ruling made by him in the City of San Jose island annexation suit. plaintiff's attorney has indicated that the action was filed and is being pursued only in order to secure county approval of a pending subdivision map application. It thus appears that a voluntary dismissal may be forth- coming wi.thout the necessity of litigating the validity of the 8ub;ect annexation. We therefore have accepted plain- tiff's offer of an open extension of time to plead,for the tiTTle btoing.in the hope that a voluntary dismissal of the above action may occur in the near future. If this does not occur within a reasonable period of time, we may both cle~t tn contest this suit. Very truly yours, SELBY BROl-IN) JR. County Counsel (Ikwl/~v~ 6~ALD i. AL ON Deputy Co nty Counsel DJF:raw Il te.~ ~~4~~~~ ~ An Equal Opportunity Employer , 20325 STEVENS CREEK BLVD. CUPERTINO. CALIFORNIA 95014 ATTORNEY AT LAW - ~ \-~ :-'~'J \ pV)~ / r;f'" T.:::":O:5:0,~" 1 - J. ROBERT DEMPSTER ,"'JIf:fl 9,1381 RECEIVED ~~ ", R ~ n " :VlA 1 \j I:::>i:' PITV MAN6hFR'~ nmr.F Mr. Donald J. Fallon Jt::puty County Counsel County of Santa Clara Count~y Govel nrllent. Cente.r:, EcUit Wins, 70 West Hedji~s Street S~n Jose, Calif. 95110 Re: Ka~h1...o{yer v. County Ctf Santa Clara, et :)1 Case No. 465419 (Suite challenging validity of annexation of Lovell 79-16 to t.he City of Campbell.) Dear Don: P ..€clCa find en.;:;losc~ a copy 0 f =1 letter fl",)!'n IT:Y City Manager, Robert Stephens, of Narch 5, 1981, agree ins'; \, L t~:- ycur posit~ion stnted jn y,lur February :; Ot.h R 1981 letter. All these lettezs are sElf-e~pl~natary. If you ha\'e any qUf;stions! plf?2\se do not hes i tate to call me. Very truly yours, J' € l;~C BE ?:r D ....~1-11J ~-? 1 r; 'R JRD: lsc e!lcl. cc: City cf Ca~pLell Cl ty Mana~1€:r, Robext Stephens ..)/15 f< c.:_ / I i 75 NORTH CENTRAL C AMP BEL L, C A L I FOR N I A (408) 378-8141 AVENUE 95008 1 }/1-' ~\~} CITY OF CAMPBELL Department: CITY ~~AGER'S OFFICE March 5, 1981 J. Robert Dempster Attorney-at-Law 20325 Stevens Creek Blvd. Cupertino, CA 95014 Dear Bob: After reading the two letters which you received from Mr. Fallon of the County Counsel's Office and your opinion that you are in agreement with Mr. Fallon's opinion, I would agree that we should treat the area as subject to Section 35004, until the anticipated Judgement of Dismissal becomes final. I would request that you keep this office informed as to the progress which you and Mr. Fallon are making on getting this court case dismissed. We will treat the territory as if it were subject to Section 35004 until the anticipated Judgement of Dismissal becomes final. To the best of my knowledge, the staff has been following this course and will continue to do so until we are so notified by your office. Sincerely, ~ Robert C. Stephens City Manager RCS:lbp cc: Art Kee, Planning Director Don Burr, Police Chief Jim McMullen, Fire Chief Joe Elliott, Public Works Director Wally Byron, Building Official Russell J. Hammer, Mayor Attachments J. ROBERT DEMPSTER ATTORNEY AT LAW 20325 STEVENS CREEK BLVD. CUPERTINO, CALU'ORNIA 95014 February 27, 1981 AREA CODE 408 TELEPHONE 252-1111 Ron. Robert Stephens Ca~pbell City Manager 75 North Central Avenue Campbell, Calif. 95008 Dear Mr. Stephens: Please find enclosed two letters I received, while away from my office, in regards to Kanawyer v. County of Santa Clara. As you will note, the February 20th letter indi- cates that the County feels we should handle the territory covered in said law suit as if Section 35004 of the Govern- ment Code applies. I personally am in agreement with Donald Fallon and would recommend that the City handle the matter in that style. You will, of course, have the final say on this matter and I am forwarding these letters for your action. Would you either contact me or Mr. Fallon so that we can work with the County on this particular matter? If you have any questions do not hesitate to call my office. Very tpu!Y yours, ../!~ !-. J. ROBERT DEMPSTER JRD:lsc encls.2 RECEIVED {,fAR 0 2 19S J my M4NAI:FP'S Dmu ...... - -f Office of the County COUftMI County Government Center. Eut Wing .70 Weet Hedding Street San Joee. California 95110 299-2111 Area COde 408 ~ " ----..~'.._,._--_.,~... Selby Brown. Jr.. County Counael County of Santa Clara . .... + - '-,-, California February 20, 1981 FEB .? 3 198'1 Mr. Robert Dempster Attorney at Law 20325 Stevens Creek Blvd. Cupertino, CA 95014 Re: Kanawter v. County of Santa Clara, et. a1. Case o. 465419 (Suit challenging validity of annexation of Lovell 79-16 to the City of Campbell) Dear Bob: ( Subsequent to my letter of February 18, 1981, re- garding the possible coverage of Government Code I 35004 to the subject territory as a result of the above suit, I discussed the matter at some length with Selby Brown and it was concluded that the prudent course to follow would be to treat the territory as subject to Section 35004 until the anticipated judgment of dismissal becomes final. In reaching the conclusions set forth in my letter of February 18, I reasoned that the court lacked subject matter jurisdiction under the statute creating a citizen'. right to file suit to challenge an annexation where it patently appeared from the complaint that the 8uit wal not timely brought. However, I am persuaded that the prudent course to follow would be the conservative one outlined above. Please call me after you have had a chance to re- view the matter. Very truly yours, DJF:mw (. cc: Selby Brown Chief Frank Mosunic ... ---.. O"lca of the County Counael County Government Center, East Wing , 70 Welt Hedding Street San JOle, California es1 10 299-2111 Area COde 408 County of Santa Clara -_._---.~--,--- California February 18, 1981 S~lbY Brown, Jr.. County Counsel Mr. Robert Dempster Attorney at Law 20325 Stevens Creek Cupertino, CA 95014 fE.a 1 91981 Blvd. , Kanaw~er v. County of Santa Clara, eta ala Case o. 465419 (Suit challenging validity of annexation of Lovell 79-16 to the City of Campbell) Dear Bob: Re: As I indicated to you some-time ago, the above action was not timely filed within the 60-day Statute of Limitations allowed for the challenging of completed annexations (Govern- ment Code S 35004; C.C.P. SS 860 and 863). ( An annexation is completed when the Certificate of Completion is executed by the LAFCO secretary, regardless of the effective date (Gov. Code I 1~1~3). The Certificate of Completion for Lovell 79-16 was signed on 'October 21, 1980, (copy attached) and the complaint was not filed until Dec- ember 29, 1980. Apparently the plaintiff's attorney assumed that the 60-day period ran from the effective date rather than the completion date of the annexation. I also indicated that our office would file a demurrer anrl seek a judgment of diBmissal. The facts do not appear to be in dispute, and a dismissal should be readily obtained. Judge Allen made a similar, ruling recently in another cas. involving the San Jose island annexations. Inasmuch as this action was not timely filed, we do nol feel that Government Code., 35004 is applicable.There- fore, we feel that the t~J;'ritory should be subj.ect to the ex- elcsive jurisdiction of the City of Campbell. . I understand that the Campbell City Council assumed that. Government Code I 35004 applied, and that therefore the Campbell City Police Department was directed not to provide police protection services to the territory. It would be appreciated if you would. review thi. matter and contact me so that the rendering of municipal lervlce. can be coordinated. It is our view that Lovell 79-16 ahould ( - ... -., Mr. Robert Dempster -2- February 18, 1981 be treated for all purposes (tax assessments, municipal services, land use regulations, etc.) as an annexation com- pleted in 1980 which is not subject to Government Code I 35004. The Sheriff's Office is anxious to have the rendering of police services coordinated, so please call me as soon as you can. , Thank you. Very truly yours, SELBY BROWN, JR. ~unty counst: \ /yJ i ~. 2a ,.-.-- t. ~ DONALD J:'~AL ON Deputy County Counsel ( DJF:mw Attach. cc: Chief Frank Mosunic P.s. - A Motion to Quash Summons would also lie for failure to specify a date' in the Summons by which interested parties may appear and an8Wer the complaint (c.e.p. I 861.1). ( \, . iif 11 J. ROBER'!' DEMPSTER ATTORNEY AT LAW \ 203215 STEVENS CREEK BLVD. CUPERTINO, CALIFORNIA 011014 February 4, 1981 AR.A COD. 40. T'IlL.KPHONK a15a.1I11 , ~~~ Ff'a ~y. I.Y~ 0 6' _ ~I) ~~ <, ~~, ;r /) '1& 0,(' Honorable Mayor and City Council CITY OF CAMPBELL 75 North Central Avenue Campbell, CA 95008 Gentlemen: I appeared at the Board of Supervisors' meeting of January 19, 1981 on the Gary Kanawyer property involving a nine~unit condominium. It was Number 35 on the afternoon agenda. After spending considerable time at the meeting, it was then announced that the matter was to be continued for sixty days. Subsequent to that time, I discussed the matter with the County Counsel's office and a motion will be made to dismiss John Norman's action on the grounds that he filed after the sixty day period had run. I feel we will be successful in the Superior Court, but no doubt the Superior Court decision will be appealed. I will keep you informed. Sincerely, .._.... t."> ') .'/ 1,,- ~-..", C L J. ROBERT DEMPSTER -, JRD/pjd ( CITY OF (~j\MI)JjELL ( ! ".^J ,\p A~ij .I P \}l" 75 NORTH CENTRAL AVENUE C AMP BEL L, C A L I FOR N I A 9 5 0 0 8 (408) 378-8141 "j \ RECEIVED .J ANI 2 19b i Department: Fi re my MAMAr.FR'~ OFFlr.F January 9, 1981 Doug Sporleder, Acting Fire Chief Central Fire Protection District 3071 Driftwood Drive San Jose, CA 95128 Dea r Doug, The annexation known as Lovell 1979-16, as shown on the attached map has been reverted to unincorporated county area pending litigation between the City of Campbell and a private property owner in that area. Pursuant to that action, as well as, verbal agreements between your- self and this officer, we will treat the area as we did prior to the Morga annexation for fire suppression purposes. From the standpoint of Emergency Medical Services, we will respond into the area as if it were part of the incorporated area of the City of Campbell. This is a re- sult of the Emergency Medical Service agreement between the county and the City. The Fire Prevention inspection activities will be the responsibil ity of your department and or the Santa Clara County Pire Marsha]ls Office, especially 1315 Elam Avenue is a facil ity that is reverted to your authority and the City will disengage all initiated enforcement pro- ceedings. If you have any questions on any of the above, please contact this officer. (~!ui:ardS' /' // Fire Ch{ef L/ JFM:mm / cc: Robert Stephens, City Manager Sal Leonardi, Safety Control Division Art Kee, Planning Division Wally Byron, Building Offfclal COl'/lfllunicati:ons Divisron Cliff Jobnson, SCCPM Milt Silb~rberg, Co. EMS Coord, .5.anta C fa}'a CO. Hea lth Dept, Attachment C~ttZ(L11S (\g(AA-Ml1or-ce.d Att1:\J0xo1WtL G'tOOtJ #z) ~11:\;f)bdt A.~ OJ (jJt~f\#t tfI?t 'I(JJ N;4INS7 ILLfJiAL. r4A1NCXATIQ'( INTO THt COY ? ""l iJC1J !'ILlJ~ TO M1aff TNt NrJVc TI7LtO (pt't11ITltl TO IJA/IttI THIS lrruc TO C{JJ!(f ? It sq fJLlIlSC CQW~ IM"fPItff[l.Y /fMJ 1T1-2855 at ~~ 177-I'1J9 (M HCMNm-8'Sl8 BffOl/C ')MJMY 10, 1981 711ft IS SIKJIff 1// IDJII HCLfJ /S NffPcO III C.A.t.A. , 2 lu MEMORANDUM From Robert C. Stephens, City Manager ~~. J --/-*, "'---.- CITY OF CAMPBEll December 31, 1980 Subject: ANNEXATION LOVELL 1979-16 (Property Owner--Kanawer; At torney--John Norman) This will confirm the meeting scheduled for Honday, January 5, 1981, at 10:00 a.m. in the Administrative Wing Conference Room, to discuss the above referenced matter. If you are unable to attend, please send a representative from your department. aj r Distribution: Building Official Public Works Director Planning Director Police Chief Fire Chief cc: Assistant to the City Manager 1\/' f ,d ~1 ei f1 c~f f)' AtJ ~R~~1 )Jl .~( 1 ~~~i ~\ tJi 1 V{~ ' t '~ idJ , . 'v.~t'" ~~ ~ 'fG~J MEMORANDUM CITY OF CAMPBEll To Jim McMullen, Fire Chief Wally Byron, Building Official Art Kee, Planning Director Date: December 18, 1980 From 'i.0 ~ Robert C. Stephens, City Manager (. 1;: ' I /". , J . "'-.. Subject: COMPLAINT--1315 ELAM AVENUE / --------------------------!--~ j ! Attached is a copy of a memorandum from Fire Division Chief Sal Leonardi, detailing violations at the above address which have been brought to the city's attention by the Santa Clara County Health Department. Apparently this is a parcel of land which has recently been incorporated into the city. I concur with Sal that a joint inspection should be made by those departments having jurisdiction. Would you arrange to have someone from your department meet with Sal and conduct a joint inspection. RCS:ajr Attachment cc: City Attorney CITY OF CAMPBELL. MEMORANDUM To. Robert C. Stephens, City Manager Date: December 4, 1980 ~t.GEIVtO DEG 1 0 198U From" Sal Leonardi, Fire Division Chief rln MAN'~fR'~ lIfF1r.F Subject: 1315 ELAM AVENUE COMPLAINT Appro,,!.~ _@_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~~t~~ _ /;3 -=~::_ f[Q_ _ _ _ _ _ _ _.__ On Thursday, December 4, 1980, I received a phone call from a Gary Bianconi of the Santa Clara County Health Department. He had visited the house at 1315 Elam Avenue and found some conditions that are in violation of the health regulations. He also told the owner that he must initiate garbage service, knowing although, that this should be handled by the City of Campbe 11 now. He was inquiring also to see if there was going to be a joint inspection by the various departments that have jurisdiction. I explained that no such inspection had been arranged yet, but I was hoping that it would occur shortly. I am now asking that each department head, who may have enforcement re- sponsibility in this matter, assign a member of his staff to participate in a joint inspection. After this inspection, we will be able to report to the City Attorney and seek di rection in enforcement of the City Ordinances. Th i s sent to you at your request. SAL: mm MEMORANDUM CITY OF CAMPBELL Honorable City Council From Planning Staff Date: December 4, 1980 Subject: Ci ty Council Referral 956 S. San Tomas Aquino Road - -- - -~ - _0- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ u_ __ DISCUSSION At its meeting of November 24, 1980, the City Council considered the request of Mr. John Norman for approval of plans to construct a 9-unit condominium project on the subject property. The application for approval of plans had been initiated with the County since the property was not annexed to the City until November 1, 1980. The information provided below was obtained from the County files for this project and from discussions with the County Planning staff. The following chronology of e~ents h~s been prepared by staff in an effort to help clarify the status of this appllcatlOn. 10-11-77 Application filed to change zoning from Rl-8 to R-3-2.4 to allow construction of 9-unit residential development on the .75 gross acre parcel (resulting density is 12 units per gross acre). County Planning Department refers application to the City of Campbell. 10-13-77 10-14-77 r:- 9-7~--) ! . 1-13-78 2-16-78 6-26-78 Campbell Planning Department notifies applicant that staff would like to meet with applicant to discuss plans. Campbell Planning Department notifies County that: 1. Property shown on the Campbell General Plan for residential (6-13 units per gross acre). 2. The City would require the applicatn to dedicate additional right-of-way to widen San Tomas Aquino Road to 30 feet from centerline. 3. Install standard street improvements across the frontage of the property. County prepares Negative Declaration for project. Santa Clara County Planning Commission recommends approval of zone change and plans. City of Campbell amends th~d Use Element of._the General Plan from Low-Medium Density Residential to Low Density Residential. City Council Refer, 956 S. San Tomas Aquino Rd. -2- December 4, 1980 7-24-78 Applicant files application for Architectural and Site approval for 9-unit, single story, development. 8-21-78 County staff advises applicant that application is not complete and that specified additional information must be submitted in order for application processing to proceed. If material not submitted within 90 days, a new application is required. 1-3-79 Applicant resubmits application for Architectural and Site approval. County staff advises applicant that application, as resubmitted, is complete. 12-7-78 1-25-79 Architectural approval granted by the County. (Application good for one year, may be extended if request is made). No extension inaicated. 2-15-79 11-26-79 County Planning Commission approves tract map. City of Campbell adopts Ordinance 1251, prezoning subject property R-l. 9-16-80 Applicant submits application for extension of time for subdivision map. Memorandum to County Planning Commission from County staff indicates that referral was made to City of Campbell. The city staff can find no record of receipt of this referral. 8-4-80 11-1-80 Subject property is annexed into the City of Campbell under MORGA proceedings known as Lovell 79-16. Santa Clara County Planning Commission approves 12-month extension of the tentative map. 11-6-80 PJS:ld ""+''''" -:.. _ .,.,- ~ ~J<-_ J ~"';"";;"'r .~ _...~~~...........,;.~......:':"...._-.",~._~~"... 4' I ,-. -, B. COtNJNICATIONS AND PETITIONS *2. Letter--J. N. Norman re proposed deve1opment--956 South San Tomas Aquino Road DISCUSSION: As indicated in Mr. Norman's letter, a meeting was held at his request, with the City Attorney, Principal Planner and myself to discuss the recent annexation of Lovell 79-16, which has created a hardship on his clients. We informed Mr. Norman and his clients that the staff had no authority to authorize his clients to proceed with the processing of a building permit through the County of Santa Clara. The county has notified ~tt. Norman that they would have to have our approval since this property was annexed effective November 1, 1980. Mr. Norman will be present to make requesting permission to continu the County of Santa Clara. Mr. to respond to any questi AGENDA: .-November 24, 1980 ITEM B- 2 11/24/80 JOHX N. 1':oRHAX R r. ,~ E ' i / '- . --I....: .. 5 to;' I) ATTORNEY AT LAW 660 COMMuNITY BANK BUILDING III WES:- ST. .JOHN STREET SAX JOSE, CALIFOR~IA 95113 November 17, 1980 NOV 17 1980 em CLERK'S OffiCi "'E_E~HONE 408 295-9230 z..:.:" Mr. Robert C. Stephens, City Manger City of Canpbell 75 North Central Avenue Campbell, California 95008 Re: 9-Unit Condominum Project 956 S. San Tomas-Aquino Road Campbell, California 95008 Gary Kanawyer, Owner APN 405-1l-00l Dear Mr. Stephens: Confirming our conference of November 12, 1980, we submit the following information to bring to your attention that the recent annexation of Lovell 79-16 has created a hardship on my clients, Gary Kanawyer and his wife Carol Kanawyer. Basically the problem is that immediately prior to the completion of the annexation, my clients had processed an application for a building permit on property at 956 South San Tomas-Aquino Road through the County of Santa Clara, and I understand that final approval would have been forthcoming from the County but for the annexation. A short background is in order: The referenced development project was initiated by Mr. Fred Santacroce in 1978. The property was located in an unincorporated area of Santa Clara County. Therefore, applications and approvals by the County and various agencies were processed through the County offices. Architectural and site approval conditions from the County Planning Department are dated January 29, 1979. The tentative map was approved June.25, 1979. Site grading and street improvement plans along with the building plans were completed and accepted by the County in December, 1979. Approvals include Health Department, Sanitary District 4, Transportation Agency, Campbell Fire Department, P.G.& E., telephone company and San Jose Water Works. The final subdivision map is ready to record and the building plans have been checked and the permits are ready. These permits include recent County requirements for solar equipment. November 17, 1980 Page T~JO The Santa Clara County Planning Commission approved a l2-month extension of the tentative map on November 6, 1980. To date, Mr. Kanawyer has expended the following fees: Santa Clara County San Jose Hater ~'lorks Architectural Design Engineering Design Donald Banta & Associates San Jose Blue Print Insurance Total $ 3,308.66 175.00 3,000.00 8,800.00 1,246.46 185.44 22l.00 $16,936.56 Great hunan and financial resources have been expended on this project to date. He ask that all legal efforts be made which will allow this project to proceed. In that connection we would submit that the most expeditious resolution of my client's particular problem would be to per~it the fJatter to be processed through the County of Santa Clara. This is the result that would obtain by the commencement of litigation under Government Code Section 35004 in any case. It would seem to us that the equitable thing to do would be to permit the County to continue the process and approval procedures. Thank you for JNN/nm 'I cc: Bob Dempster client MEMORANDUM CITY OF CAMPBELL To: Robert C. Stephens, City Manager Dne: November 20, 1980 RECEIVED NQV 2 1 l~ol.J From: James F. McMullen, Fire Chief CITY MANAGfR'~ Offlr.f Su~ect: 1315 ELAM AVENUE ---------------------------------------------------------- In the way of an update on the above facility on which we received a citizen's com- plaint, we have been informed by the Santa Clara County Fire Marshal IS Office that the County Counsel IS Office has rendered a legal opinion that the responsibility for gaining compl iance with regulations and abating the hazards at this facility now rest with the City of Campbell, since it has been officially annexed. I have asked Division Chief Leonardi to obtain the background material from the County Fire Marshal's Office, and he has performed an inspection of the premises (see attached Exhibit IIA"). I am in agreement with Division Chief Leonardi's re- quest that we should pursue total compl iance of all violations on this property. Therefore, by copy of this letter I am requesting him to make contact with the other appropriate departments and set up a joint inspection program. Attachment: Exhibit "N1 cc: Wally Byron, Building Official Arthur Kee, Planning Director Sal Leonardi, Division Chief Robert Dempster, City Attorney Santa Clara County Health Department, EHS 2220 Moorpark Avenue, San Jose 95128 CITY OF CAMPBEll MEMORANDUM To. James F.McMullen, Fire Chief Date: November 18, 1980 From: Sa 1 Leona rdi, Di vi s ion Ch i ef Subject: 1315 ELAM AVENUE I have reviewed the letter from the anonymous citizen and have inspected the property. As a result of that inspection, I have found the following: 1. There is an accumulation of lumber in the rear yard, as a result of the building fire and demolition of the bui Iding afterwards. There are also pi les of stacked lumber there 2. There are two portable toi lets in various states of disrepai r, also part of the fi re damage. 3. The lot is full of other debris such as metal pipe, 55 gallon drums, an old propane tank and other metals. 4. There is a small travel trai ler a1qng the easterly property line. 5. The main bui Iding is secure. 6. There is no fence along the northerly property line. . . I think you wi:11 agree with me when I say that elimination of the lumber wi 11 not solve the problem addressed in the citizen's complaint. There wi 11 still be all the rest of the items to be taken care of by other depart- ments. In addition, I have contacted the following agencies: 1. Green Valley Disposal Co. - No garbag~ service. 2. Pacific Gas & Electric - No gas or electric service. 3. San Jose Water Works - Water service is on. If there are people residing at this address with no gas or electric service, the Building Department should be made aware of that fact. If the trailer is being used as a living unit, the Building Department should be made aware of that fact. If raw sewerage is coming out of the trailer, the Health Department shou I d be made awa re of that fa ct. The po in t that I am mak i ng is that a j 0 in t effort by'al1 affected agencies should be made to avoid duplication. If you wish, I wi II continue to attempt to abate the lumber storage problem, but I EXHIBIT "A" think the City Attorney would appreciate having the Sui lding, Zoning, Health, Fi re and Garbage problems incorporated in one Show Cause hearing rather:~th n five or more separate hearings with the same property owner.. SAL: mm