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1181 Steinway Ave. (1979) CITY OF CAMPBELL ~/&~ i ~f:. ( 75 NORTH CENTRAL C AMP BEL L. C A L I FOR N I A (408) 378-8141 AVENUE 95008 Department: OFFICE OF THE MAYOR November 15. 1979 Mr. Milton Brown 1181 Steinway Avenue Campbell. CA 95008 Dear Mr. Brown: At our meeting of November 12. 1979. you appeared before the City Council and expressed your concern regarding the Steinway access easement chronology of events. as prepared by our City Manager Robert C. Stephens. After your departure. I suggested to the remaining members of the Council. that Councilman Doetsch and I meet with you. to discuss your concerns in a more informal setting. and attempt to respond to the questions you have. Our staff has provided us with documentation as to what happened. based on minutes. and the city's official records. May I suggest. prior to meeting with Mr. Doetsch and myself. that you provide to our City Manager in writing. the questions you have or the statements you would make. in rebuttal to the memorandum written by Mr. Stephens. When these comments are received. we will have an opportunity to research the records again. to verify their accuracy. In any case. we would be pleased to meet with you to discuss these and any other questions you might have. sincJrelY. .,/ NP:RCS:ajr cc: Councilman Ralph Doetsch. Sr. Joseph Elliott, Public Works Director V/ Art Kee. Planning Director ,_ ".,;. L ,".. 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" \ ~ i; ~ _" ..u___--~ ~l - --- - - -..-.- -------- c.v c ;.: "Z: c:: -.. .... ... ~he access ~hrough his propCTty is only fOT school children. It is l actually a right-of-way. stated ~he Planner. anyone can use. However, I staff feels the walkway should be provided for children (other than : on Winchester) since Manx has now been eliminated. Mr. Pursley does not ~hink his application generated this need for a walkway an' Kanx would serve no purpose except ~o satisfy somebody's idea. He would like ~o have the walkway on the border of one of his lots rather 1han mutilate his proper~y by putting through a stree~. ' Corumissioner Pack moved MS 67-6 be approved, subject to the following conditions: ORDINANCE 1.' Dedication to 60' right-of-way line on Hollis Avenue for remainder of street. 2.' Dedication of 6' pedes~rian easement from Manx Avenue to Hollis Avenue. 3., Construction of s~ree~ improvemen~s on Hollis Avenue and sidewalk for 6' pedestrian easement in accordance with Article 1, Chapter I, Part 1. of the Campbell Municipal Code. 4. Compliance wi~h underground utility requirements as specified in Section 9110.6 of the Campbell Municipal Code. S. Process and file parcel aap with County aecorder's Office. Commissioner Lyons seconded, and the voice vote was unanimous. J ,t .' , ~ ... Mr. Hogan explained the 30' easement which a~ present ~ravels through from Steinway ~o lo~s in ~he Coun~y nor~herly from S~einway and ~he proposal to run a street southerly from Hacienda Avenue ~o open up loU shown as parcels 20, 21, 48 and .9. This would give these lots access to a public street and the property owners would be required to dedica~e and improve the puhlic street when the. lots were-.developed. 'Informal Hearing Street Pattern Area of Hacienda! Steinway !Peggy! San Tomas Aquino Road Many interes~ed parties were present; Mr. Leonard Pri~Chard started the questionning by inquiring if s~aff had initia~ed this s~ree~ pattern! Mr. Hogan replied they had but only because an applican~ had asked for deve10pmen~ in this area and the plan was then devised. Mr. Pri~chard is of the opinion that ~he lo~s on Hacienda would be jeopar~ dized by ~he cutti ~ through of this stree~. He cannot see a reason for access ~o Lots '8 and 49 and is ~ opponent to the app1ica~ion. Mr. Hogan read the definition of "lot" from the Ordinance which calls for: (continued next PBI') I · " \: ~ , ~- f ~ . ~: . .-'1 L ~ - a - i '. .. ,. ~ . . t . t ~,."":"":~~~_'~~.-......"..-:..~~_____.......,_-,.:--~~""":""'::'__'_._.......:..:_-~_....:.r...--_~;"'''''''''';''_'"~'''",J~--.:...-,.J!'..#_'-~'''-'~!.....l."",:_,_::,-,;,;,,'}~.:...t~-~........J.u..,,",:..~.'...~'. ;. :.,;_.....~...> '.ol;.,_ ._.~ .. '. . -' - ~__---"'~-:... .I\a;&,~' ~ T -A.-..........___ .. .~-: 407 () ,,~...-:.. () .. " \ , . [ Section 930l.4S - LOT Land occupied or to be occupied by a building. or unit group of build- ings. and accessory buildings together with such yards and/or open spaces and lot area as are ~equired by this chapter. and having its principal frontage upon a street, or a place approved by the Commission. Regarding any easement arrangement. however, the problems are service, maintenance. and compatibility between all of the .everal (in this case. six (6)) property owners/neighbors. --- Mr. Brown. property owner. stated he could not in the past when trying to purchase lots 48 and 49 obtain a building permit from the County without dedication of portions of the property. Maintenance of the easement is a problem and. further, he - for one - 40es not want traffic noise by his bedroom window. Commissioner Grim inquired if the maintenance agreement vas not delineated in his azreement with Mr. Pritchard. Yes. but there is a problem of maintenance of this easement. I' Mrs. Roberts) applicant and owner of Lots 48 and 49. stated her tax problems and her interest in selling the property and assuring the buyers' access to the lots from a.public street. r Chairman Healey stated that due to the immediate nature of their attendance at another meeting. the Planning Commission must determine ~ whether there is enough interest in having a public hearing set to . decide the street pattern. Since there are apparently so many problems, the;Planning Commission will take another look at this plan. ' AdJ~urnment: Commissioner Pack moved the aeeting be adjourned, seconded by Commissioner Grim. and the meeting was adjourned at 9:45 PM, the Commis oners leaving post-haste for their combined meeting vith e City cil. ATTEST: , 1rector. BY: [ --. - - .- .=;--~- ~ ~~ ~.....-..;....--., .L,~:_-'-~'-"--~'~ _...:......,,1_....--- _._.....~;,r. .~ -....-.. '\ Leonard Pritchard . .,t:" . ~ ..~ v~ ~Q A QV...... 0/ b t-/'V f~.,~ ....j i": ' ..' :1 ; ~.' . '. r.... :~ C''') Lf o IH SCUSS lOx ----------- The Pl&nning Director reported that ~r. Leonard )'ritc.hnl.l1 hns r(~qucstct1 pctl:1i ssion to obtain a b\\i.1dinn IH:rmi t {Ol" a lot lOC3.tCl1 at the real" of 1191 Ste i.n'~Cl)' A\' Cllnc: s accesS to this lot be ing ~n eR5crn~nt thnt D~joining property owners arc uln:illinp. to ,lc:clicnt.c ~md il;~~)1"OVC as n stancl~rd strect. 'rhc Pl~nni1ig nirector Tccorr.nclldcd t11r.t the propel'ty o,,:ncrs of lClts 20, 21, 48 and 49 cntcl" int.o Dli nnrr.:c;1;~cnt to dedicate and iJnl'rovc to a str~ct plan line, ns approved by tIle City Enr.illccr t fo)" II street connect.ing \":1 th Hacienda at such ti,::c as l't:quircd 1,y the City of Cnmphell. Mr. Milton Brown, 1181 Stcinwny, wns present and statcd thnt he 'HIS ,,'illing to dcdicr-te if the City would ~cccpt the fc~cc line that he now has curbed for an exi.sting fence :md he \-ms told t.hat the propert)' \~0111d hove to bc surveycd to obtain the correct lines. Mr. nro~n stated th~t he did not feel that he \\'antc~<1 to spend $1S0 for a survey aJlll he also di.d not \wnt his fcnce disturbed or removed if it wace not on ~le correct line. ~r. nl'm-m .also s ta ted that \-:ha tever t.hey do \'d th C~ SC'~T:\C he did not '\'tlnt to accept responsibili ty to J!l:l5.ntai it or ~ccept responsibility for personal or rrO~cTt dp-mages for anyone using the casement. 1. Commissio11er Young sttttcd that he felt thnt \\'hcn the }lr01'e1't)' o\":ners sa'-l the cot.lrlcted cle\~<:.lopmC"nt that i.s plctnned. for the property they J;'\~.ght c.hr-.nge thoir minds ~nd ~ant the street put throu~h and improved. eit>" OrdinRnccS require thnt lots front on R street,in order to obtain ~ building porruit and therefore ther.e lots fronting on an eaSt~ment must ,beappro\'ed by the Planning COlnmissiCln before a permit CRn be ohtaincd. Cor.,missionel' llcalc)' asl~c(l if the easement \\'ould st be used as it had been in the past and it wai stnt that it \\'Quld 8S the property O\:J\crs had the ri.ght usc tho easemcnt but \.;ould neccl 'Dcrmission of the adjoining property o\\'nors to i.mprove it. COHmission~T lien-ley 'P1'OpOSCS and moves tlUlt the Building Dcpnl.otmcmt be allo\:ecl to issue J'lel"l~dts f( ~onstruction of residences on the 4 subject lots. subject to the foilo\dnr, condition: Th~t the property o~ner~ of lots 20,21, 48 and 49 into nn a~rcn,:.~~nt to ac<1icntc and inpTo\"e to ~ st plan linc, a~ apprc~ed by "tho City En~inecr, for st.rcet connecting ,.:i tl1 llacicn<la ^l-:enuc at such ti as required by the Ci t)' of Cal;lpllcll. secondcd by Commissioner Lyons and unanimously ..ad~pted . ~"'-r~.- 9..~~-+--'7 ..___,.It"'I~..n._ .',.......-_.~............-- """ -.... common ownershIp. A aone chanle and planned development approval has been granted by the Planninl Co.miaaion and City Council for . the townhouse development with a condition that a aubdivision map be filed and approved by the City. ! This proposal is in accord with the General Plan and the Planned Vevelopm~nt.approval that exiats on the p~operty. Commis.ionerDlckaon atated that the .ap ia in accord with what was presented at the time the PD was approved. Commissioner Pack moved that the Plannin, Com.ission recommend approval of T.S. 76-3, Lands of James Day, to the City Council, seconded by Commissioner Campos and unanimously adopted; ~T.S. 76-~ Tentative Subdivision Map - Lands of fLands of MaggIo Maggio and Apodaco, Inc. for approval and Apodaco, Inc. of a land subdivision into ten lots on property located aouth of Hacienda Avenue and Shadle Avenue in a R-l (Sinlle ra.ily Residential) Zoninl District. ~ . I Chairman Lubeckis asked Hr. kee for his co..ents. Hr. Kee advised thnt the applicant i. proposing a subdivision of 2.06 acres of land into ten single family lota. The present zoning is R-l and the area. i. indicated for low-densIty on the General Plan (les. than six units per acre). The staff is concerned about the access to the parcels to the eouth. Several of the -property owners to the south have dedicated I, - property for the continuation of a atreet from Stainway to Hacianda Avenue. The proposed .ap doe. not provide for the extension of a I - street to Steinway. It is the ataff's opinion that the circulation of the immediate area ahould be resolved and ataff, is reco..ending a continuance to the next regular meeting in order that street alignment and the future disposition of the existing atructures on the property may be resolved. Chairman Lubeckis a~ked if the applicant was preaent. ~ (co. q,--1/ Mr. Bob McBain, 100 West Rincon Avenue, repreaenting the applicants, stated that they were not aware when they filed this .ap that there were any problems with the property to the south. He asked if the. dedication was .ade with the intention that- the atreet 10 north or the atr.et 10 south. He questioned the access that exista. . " Chairman Lubeckis asked Mr. McBain if he bad contacted the property owners to the aouth. - 13 - t Mr. HcBain statld that he did not know abtlr the dedication. Hr. kee suggested that a continuance be granted so ~he questions involving the dedication and access could be worked ou~. Commissioner Campos moved that T.S. 76-4 be continued to the next regular meeting, seconded by Commissioner Pack and unanimously adopted. 'I'~c: ,,-=._1:. "'_ _... _ -. ~ __ _ ,. __ L ~ . __. _ . _ _ .. _ _ _..-".....:.:lo_....--.-__~~ _'__., ........._.... ~ ___.... ,~.........~~~~~~~.~,.... .l. . ....'~),; ~_~~;.i;I.;1V;.~~j;__""....."..~~......;/,a..............:....Io..__-"- ..I . . ~ .. t . T. S. 76-4 Lands of Haggio and Apodaco, Inc. (..-..") .oJ Continued tentativeAdivision map - Lands of Haggio and Apoda~/lnc. for approval of a land subdivision Into ten lot$ on property located south of Hacienda Avenue and Shadle Avenue In a R-I (Single family Residential) Zon i ng D i it rI ct. Vice Chairman Dickson asked Hr. Kee for his connents. Hr. Kee advised that the staff recommendation Is for approval. Hr. Helms made a report to the Connlsslon stating that the way these ~ouses have been constructed there Isnlt room to provide a standard cul-de-sac so they are recommending that this subdivision be allowed to develop as proposed and that these four parcels have permanent access across to Stelnway Avenue. Hr. Hel~ has taled to the owners of each of these four parcels and they are In agreement ,-.- wi th that. Commissioner Hebard moved that T. 5..76-4 be approved subject to the following conditions: 1. Installation of a sanlt~ry sewerage system to serve all lots within the subdivision In conformance with the proposed plans of the County of Santa Clara Sanitation District No.4. Sanitary sewerage service to be provided by said District "0. 4. # 2. Installation of a water distribution system to serve all lots within the subdivision in conformance wi th thE' plans of the San Jose Water Co~any. . Water service to be provid~d by said San Jose Water Company. Fire hydrants and appurtenances shall be provided and Installed at the locations specified by the Fire Chief, Fire Department, City of Campbell. fire hydrant rental fees shall be paid to City at the rate of $195.00 per fire hydra~t. 3. Subdivider shall create or provide any Public Service Easement and any other' public utility and/or public service easements as may be necessary for the Installation of any and all public utilities and/or facilities. 4. Compliance with the provisions of Title 20, Subdivisions, of the Campbell Hun I ci pa I Code. S. Subdivider to pay storm drainagE' area fee. . 6. Subdivider to furnish copy of Preliminary Title Report. -- 7. Subdivider shall enter Into an agreement with City, post bond, 'and obtain an excavation permit for street Improvements throughout the frontages of any new streets and through the frontage of Hacienda Avenue as required by City Engineer. 8. All structures on the site to be removed prior to final map being recorded. C~llssloner Samuelson seconded the motion and It was unanimoUSly adopted. - - lit - /O-7r, ?eo. I - I - . FI re ~ebruary 10.1978 Hr. HI Iton Brown '1181 Stelnway Avenue Campbell. CA 95008 Dear Hr. Brown: The purpose of this letter Is to ask your help In maintaining access along the private road between your property and 1191 Steim~"-'... Avenue. It has been observed on several occasions, that. hie I es have been pa.rked on th I s roadway and the access to the rear parcels have been restricted. At times. vehicles were parked on both sides of the road. thus preventing access for vehicular traffic. In case of a fire In one of the dwellings to the rear, fire engines would not be able to pass between vehicles parked there. There would be a delay In the arrival of that fIre equipment, thus caus.ing added damage to the building by fi reo In a situation like this. the Fire Department would have to move these parked vehicles and It is possible that these vehicles could be damaged In the process. I am asking your cooperation In seeing to It that a vehicle under your control Is not parked on that private road. If you have any questions. please feel free to call my office. Sincerely, ~. W. Borden. Fire Chief Camp,. I. I FI z?>ep~rtment c-q /(.U7-LaA-dt S. A. Leonarai. Battalion Chl~ Fire Prevention Bureau Ewe: SAL:nm cc: Campbell Pollee Department ,,~.,:-~:_~._-"_..:~,~,,~,~.,-i::-::;:~=-:s::.~~:,,~_~~ ;,~:~ ~~,;~~~~"r{~.:i~~'. ',=_,C:~:~~-;C'-:',:: ,,":T<~ . 4 r"IiI -,-.........~ .. .. 'WI Jii . \ ,.,'.. ' ,,', ._':..~~:"-' ,,:.:..,.;, t~= ,'" ........~~.~.."_.~~"":':"'~'-:-...,~'.'_'"H...""''-',.,..... "" .. -~.~-~. ;.O.~ .-- - - -,-,--:-:;--- '--":"-':"'0':"'" ._~ - ._~-:-_.._..:...._. -- -.' Mr. RDbertC.Stevens C1ty MenBger Cempbe1l,Ce. 95008 75 North Central Ave. Dear Sir; I request 8n apen meeting an the Bubject of ths role af eome of the employees of the city end others 1n the settl"- .~ide e plann1ng map that MeS drar'ed at a council ..sting in ~e time frame af about ~9b5 end the candmning tha r~ure of . .ectlon of this arla tqbe~~~.~or now end GEGERATIONS-T~. ~ I snd .y nelqhbor .cr~~e~ even a~re that this was going on untl . all permits were lseued ebd the use of a private easement of only 30 ft wide was condmned to use from now on,hDwever en employee of Ca.-obell had a meeting with the other owners of seid easement end reached a secr at meet1ng · I request That the heed Df planning,Engineering,fire prevention,that ,11 members of. the City Councel be notified. ' ""~7"'-"-- Pleese heve eveileble the plenning map that Idee proposed end end passed " .. .......... ....In...the tlme-rrl!!mif'~65-8nd und81".tdhi-eh'+-neu.a~ii bu' \1: rluhe rear of , '. en easement between llB1 end 1191 Steinway Ave. "- :-~'_._" PleBse reQuest theclty employee of Campbell thet hed the above MRst!n" 1n th1s erea et seid meeting. 4 It will teke me considerble time to lay e history of ell of the thing thet heveheppened in reguerds this matter that~must be presented tD get 8 c1eer picture Df what hes and is going on. Yours Truly Mi1tonnBrown 11l$W ~t ' ";'.' , " "'~'t'. t'-:. , . .. f . .' -" ~ .. 01,.. ........... ...--- ,~ -,.. ... .,./ " '" '.r. .....;Ii:. . '~"_ ,".r IL'.:" .' .' , _.' .' ...;. ..... -',.. ,. rebruarw '7,. 1978 llB1 Steinway Ave. Cempbell,Ce.9500e '" ,-0'" . ~ REC'EIVED FfBZ 8 1978 .. ~. ,. .. '. .... ... ; , . . I'rT1t UII"r,r """ ~ ,," .rQ'X rlf1r.f. .' ~~ J: "- ~ , . 11:, ,~ .AIIIII> "'" u....~_:"~..:,---_. - ~."~-~ '---.1I_.,'~........~... - ,.A>. '. . "'_. ...-:............... 1 (. i~~~'" 1 ~. ~.:...-. . . 1 , -t., ~ '.... -. '~'.. , ' '. ~. " . ",."-./" -..."'..,...---...,.........-0 .'.' '.-,. ...~._..."'--".'....._..;,....-.-...;....,..'____._..f.".... ~. ~"'''''''''''''''''''''k~..r''';';'''''''~ .........................".;><..~....:.... t^ ...... .. ....~. ...+.........:.~ ..~....:.._-:...._...:..~".....~....~.:....-....:......:......::....~ .~:.J..........,.'"'..,.....; , C> o March 7, 1978 Mr. Robert C. Stevens City Manager 75 N. Central Ave. Campbell, Ca. 95008 Dear Sir: RECEIVED MAR 1 0 1978 CITY MAt\;;r.tR'~ m:r.t My husband and I are residents ot Santa Clara County, in an unincorporated area which is adjacent to ,and affected by the city ot Campbell. Our next door neighbor, Mr. Milton Brown, sent :you a letter dated 2/27/7B, request- ing an open meeting. We wish to reiterate his request and participate in same, due to verbal harassment by a neighbor and your fire departDent , which are the result ot decisions made by the city of Campbell. (Ref: Battalion Chief S. Leonardi's letter to us, dated 2/10nB). The changes made were diectly involved with our taxable property and done without our consultation. To my knoiedge, this was against the law. We expect to be able to pre- sent our position which will, hopefully, make it possible tor us to live in our home, as the sanctuary it once was. Your city's decisions and our neighbor's subsequent complaints are an infringement of our privacy and rights. Please advise when we can meet and please have maps available which show past and present rulings ot our area, plus all pertinent correspondence; this may expedite a solution to our problem. Thank you. Sincer~ , ~ ~ ~ ~J.V>t~~, Diane J. Pe Z 0 0 1191 Steinway Ave. . CaJmpbell, Ca. 95008 phone: 374-7811 " ;' --, ...:....,-..-- ";.',--,.<;.~, . -.,,-;,,, _.....__.....'a.~_'d."".....""O'-;...-' .~._<.;._---.-_~,.._...:....~,_ ._......... '.' .-~:,. ....:...~~.~~......~..:....,..:....;~~:.::.:-L,~:~~~....,L..-.....i....:..i....~~\.~~,~..:::~9ollo.:~~,~..~',h.,~~.,;....~, t~.~..._ '.\ '. () ()..'...... ' . +;,.' . '1 CITY OF CAMPBELL 75 NORTH CENTRAL AVENUE C AMP 8 ELL, C A L I FOR N I A 9 5 0 0 8 (408) 378-8141 Department: CITY MANAGER'S OFFICE March 30, 1978 Mrs. Diane J. Pezzolo 1191 Steinway Avenue Campbell, CA 95008 Dear Mrs. Pezzolo: This letter and the enclosed material represents the understanding which I believe we reached when we met with you on Tuesday, March 21, to discuss the complaints you have relating to an easement between 1181 and 1191 Steinway Avenue. Enclosed for your information are the official minutes and other documents relating to the events which led to the current situation which you believe to have caused problems for you as a result of those four lots to the north of your home. As we discussed at our meeting, I can see no resolution of the problems you describe, because the Maggio Court cul-de-sac did not extend further to the south to serve the four lots which are currently served by the easement from Steinway. To the best of my knowledge, all of the actions taken by the staff and the agencies representing the city were accomplished through appropriate and due process as specified in the city's planning, traffic circulation, and building code requirements. Should you have any further questions relating to the events which led to the current situation, please call my office and I will be happy to discuss your concerns. In closing, I would like to apologize for the letter which was sent to you from the City's Fire Department relating to keeping the easement clear in order that the property owners to the rear of your property could have access <as well as our fire trucks). They were not aware of the special circumstances involved. I would also hope that the relationship between you and your neighbors on the rear four lots could be improved since the easement is of importance for access for all concerned. -- Sincerely, R~~,~~ RObert C. Stephens City Manager RCS:ajr Enclosures cc: Mayor Dean R.Chamberlin Public W~ector, Planning Director, Building Official, Fire Chief