3293 S. Winchester Blvd. (78-21)
APPLICANT
ADDRESS
MEETING DATE
dUNg;
PLANNING NO. '5" '"18-ZI
3 Z.~3 s. uJ INCH.
A.P.N.~5- 2..3-49
TYPE OF DEV. EXPAN t> AUTl) SEJ2JJlCE
CE.NTER
x
,x
~
.X
x
RECOMMENDED CONDITIONS
~~Q8S and file a
""-- -----..-
m~,I? -'
\Pro'lidp 001>1 of P Lelirninary 'Pi tolo Rilport.
Pay Storm Drainage Area Fee@ .:I:17h5/NE:! AC..
~~(.4 - Z32l>ftE\ltOVSl'l PA,D ;:: 11- 232-
ON NE'i't ~~tP of P(2of~""
Dedicate right of way"" 1t> +2' ffAl..F- 5"-~
orJ w 'NC~STER. e.L\lD.
/E;.nter~. to~ . e~~ /~~~~U-ct?s~.:t'eet--j.)nJ?p)Vem~-~nd
<""J.>.ay p . ex9J!t./andLeonst !---inspeqti-on fee6ww.
(/
Enter into an agreement to construct street improvements
and participate in a local improvement district in the
future.
NE'L'I H-At.F of fRDPER:f'/ ON.,,,
(SW'L.'/ M-AlF C6\1e:~E1> f::,,/ k:'1 RKoRIAN A6R.f\'hVT:)
Provide surety as noted in agreement
-Prov.i.Jt: graOiliy and drainage plAli.
~'taiH t:.K\,;avatinn reJaait
.Se'::jLc~S8.1_'[1k-
T>/uJ S' PRoWl
fL?
~
preW'ious file: P,d.( 2-\) ~IR.KbreIAN
/l - [;
~1~
RESOLUTION NO. 7225
BEING A RESOLUTION AUTHORIZING EXECUTION OF RELEASE OF
AGREEMENTS WITH JAMES NAISMITH AND IRA KIRKORIAN FOR THE
INSTALLATION OF STREET IMPROVEMENTS AT 3303 SOUTH
WINCHESTER BOULEVARD
WHEREAS a certain agreement, recorded November 9, 1981, in Book G440 of
Santa Clara County Official Records at page 186, et seq., was entered
into by and between James R. Naismith, referred to therein as OWNER,
and the City of Campbell, a municipal corporation referred to therein
as CITY, relative to construction of certain street improvements across
lands described therein; and
WHEREAS a certain agreement, recorded October 1, 1976, in Book C317 of
Santa Clara County Official Records at page 401, et seq., was entered
into by and between Ira and Marguerite Kirkorian, referred to therein
as OWNER, and the City of Campbell, a muncipal corporation referred to
therein as CITY, relative to construction of certain street improvements
across lands described therein; and
WHEREAS the owners, their successors or assigns have fulfilled all ~he
terms and provisions as contained in said agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Campbell does hereby release the owners as above set forth, their heirs,
successors, or assigns from all obligations contained in said agreement,
and terminates said agreement.
PASSED AND ADOPTED this 15th
1986, by the following vote:
day of
July
AYES: Counc i 1 membe:rs: Ashworth, Doetsch, Watson, Podgorsek, Kotowski
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROV~~--6
~ F. Kotowski Mayor
ATTEST:
~~~k
Anne . yne
THF f(;flLG(lj!\.';3 I""'r~:'tt,
AND c..:OkMt ~T Cf.' ....... ! 'L"_' t:'JT 18 A TRUE
ON FliE: ",-:.,. :: .( 0:. THE ORIGINAL
., '; I,:.) vi r!CE.
AT/EST. "';'~,E G ' ~
CITY Of,/t:"':":\:PBElL COY/h, CITY CLERK
::.';JII , CAJ?J !p'lN IA
6Y ~# 0/4r
C;; -1)_ 7//1 /81, "_: ~
June 30, 1986
City of Campbell
70 North First Street
Campbell, CA 95008
Dear Mr. Valkenaar:
Thank you for the information regarding my note receivable-project 79-2.
In reference to our telephone conversation of June 1986, I am requesting the
City of Campbell to release both recorded agreements.
A. Installation of improvements between City of Campbell, A
Municipal Corporation, and Ira and Marguerite Kirkorian, husband and
wife, on the terms and conditions contained therein, recorded
October 1, 1976, Book C317, Page 401, Official Records.
B. Construction of street improvements between James R. Naismith
and the City of Campbell, a Municipal Corporation, on the terms and
conditions contained therein, recorded November 9, 1981, Book G440,
Page 186, Official Records.
Enclosed please find paid in full receipt for the outstanding balance.
If you have any questions please call me at 408-899-5555 or write me at
1333 Pelican Way, Point Richmond, CA 94801.
Thank you for your attention to the above matter.
Truly yours,
.~~::'-;:.:_-_. -_._~.._-~-
--""""James R. Naismith
JRN/dr
Enclosures: Parcel Map
Legal Description
Receipt showing funds paid in full
:;ZttC 'Fr tf (;, (;! c' 1- ;{ 8<-17,00
ADDRESS OF PROPERTY REFERRED TO ABOVE: 3303 S. Winchester, Campbell, CA
. " :.~.- -'
RECEIPT
CITY OF CAMPBELL
CAMPBELL, CALIFORNIA
NAMF1 ~~~~
ADDRESf; ?D, 700/, ,;2 c/- 7
~L-~ k J?~ ;., iLnLc~ . (,4-
q.07
FOR
1:~t~:~1{
$K'd4~ I--D
REVENUE ACCOUNT NO. / 1/4
FUND NUMBER d-- Lt
~Hj:l- 3;;- D MONEY ORDER
D CASH
DATE
AMOUNT
.,.~ .~.,.....I.:.~.'- -"_.'~
THIS RECEIPT
MUST BE MACHINE
VALIDATED AND
SIGNED BELOW.
JUl -2-86 2000' *** 1r 81.j~.OO
JIl.-2-86 flI2000A ***844.00
BY
C~~
6862
Thank You
CITY OF CAMPBELL
e.. CITIZEN COPY
..
.I ..-.
;:-
".,"1', _';~'.~' I
:~-" -..
(
e I T Y () F C 1\ M I) It .t:-I:-(
70 NORTH FIRST
CAMPBELL. CALIFORNIA
. (408) 866.2100
STREET
95008
Department:
Finance
January 23, 1986
~
Mr. James Naismith
1332 Pelican Way
Point Richmond, CA 94801
Dear Mr. Naismith:
Re: Note Receivable - Project 79-2
This letter is to confirm the balance of your note to the City of
Campbell as of January 31, 1986. Your balance is $2,949.00.
Interest paid in calendar year 1985 is $840.00.
Please let me know if you have any other questions on this subject.
Very truly yours,
eoffrey H. Whittaker
Finance Director
GHW:st
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Form No. '056.4
All Policy Form.
SCHEDULE C
The land referred to in this policy is situated in the State of California
County of Santa Clara City of Campbell
and is described as follows:
Parcel B as shown on that certain Parcel Map recorded January 1. 1978, in
Book 44. page 3 of Maps. Records of Santa Clara County, California.
Excepting therefrom the interest conveyed to the City of Campbell. a muni-
" cipal corporation for public street purposes and to become a portion of
Winchester Boulevard in deed recorded November 9, 1981 in Book G440, page
83 of Official Records, further described as follows:
Beginning at the .ost Easterly corner of that certain Parcel "B" as said
Parcel "B" is shown upon that certain Parcel Map recorded January 9. 1978,
and filed in Book 411 of Maps at page 3 in the office of the County
Recorder, County of Santa Clara, State of California; thence, along the
Southeasterly line of Parcel "B" South 31- 43' West 100.00 feet to its
intersection with a Southwesterly line of Parcel "B"; thence. along said
Southwesterly line North 58- 17' West 4.00 feet to its intersection with a
line that is parallel with and 42.00 feet Northwesterly, aeasured at right
angles, from the centerline of Winchester Boulevard (formerly Santa
Clara-Los Gatos Road) as said Winchester Boulevard is shown upon said Map;
thence, along said parallel line North 31- 43' East 100.00 feet to its
intersection with the Northeasterly line of Parcel "B"; thence. along laid
Northeasterly line South 58- 17' East 4.00 feet to the Point of Beginning.
CITY OF CAMPBE'l
INVOICE
75 NORTH CENTRAL AVENUE
CAMPBELL. CALIFORNIA 95008
(4081 378-8141
t JOV 0 2 8 1
JAMES NAI StlITH
1332 PEL.ICAN 'vJAY
POINT R ICHilOND CA 94801
4/'
1,263.00
---.---
Ii 1)63PO
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RESOLUTION NO.
6316 -A
J;b- 'SII
G90S.'.'.-71.3 )
741~~:~~
CiTY OF CAMPBELL
?!5 NORTH CEN'TRL AVE.
C.Jil.MPS:::LC; CAUFORNIA 95008
TO af llfCOROfO WITHOUT fEf
SECTION 6103 GOVU~WNT CODE
,"T THe RfQU!ST Of CITY Of CAMPBEU BEING A RESOLUTION APPROVING RELEASE OF
CERTAIN PROVISIONS OF AN AGREEMENT BETWEEN
THE CITY OF CAMPBELL AND JAMES R. NAISMITH
WHEREAS, a certain Agreement dated October 26, 1981, and
recorded November 9, 1981, in Book G 440 of Official Records at
page 186 in the office of the County Recorder, County of Santa Clara,
State of California, was entered into by and between James R. Naismith,
referred to therein as "Owner," and the City of Campbell, a municipal
corporation, referred to therein as "City;" and,
WHEREAS, the terms of said Agreement provide for "Owner" to
reimburse "City" for contract expenditures related to the cons truct i on of
street improvements on Winchester Boulevard across the frontages of
that certain real property described as Lots 23 and 25 of Tract No. 1413,
Parr View Tract, the map of which was recorded August 12, 1940, and
filed in Book 4 of Maps at page 55 in said office of the County Recorder;
and,
WHEREAS, "Owner" had no record title .interest in said Lot 23 at
the time of execution and recordation of said Agreement; and,
WHEREAS, said Lot 23 was erroneously included in said Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Campbell does hereby release said Lot 23 from all obligations COI1-
tained in said Agreement.
BE IT FURTHER RESOLVED that Owner remains obligated to reimburse
City for contract expenditures in the amount and manner specified in
said Agreement.
PASSED AND ADOPTED thi s 6th day of
following vote:
Jul,y
, 1982, by the
AYES:
NOES:
ABSENT:
Councilmen: Paul, Chamberlin, Hammer, podgorsek
Councilmen: None
Councilmen: Doetsch
APPROVED:
ATTEST:
. )-. Z I
t:{/t~lu~ Jf:t- ;-?~<ua_
William R. POdgOrsekc:J Mayor
t2nufi~
Anne G. CQyne,.D~p.Clty Clerk
REC. FEE
MICRO
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CITY OF CAMPBELL
75 NORTH CENTRAL AVENUE
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 378-8141
Department:
Public Works
October 30, 1981
James Naismith
1332 Pelican Way
Pt. Richmond, CA 94801
Dear Mr. Naismith:
On October 26, 1981 the City Council took action to
execute an agreement regarding reimbursement of funds
expended for the construction of street improvements
along the frontage of your lots on Winchester Boulevard.
In accordance with the terms of that agreement, the sum
of $421 will be due on the first of each month. You will
note that the agreement calls for the first payment on
September 1, 1981. It is anticipated that you will
transmit the September 1st payment and the October 1st
payment along with your payment of November 1st, to bring
the payments current.
Please contact me if you have any questions regarding the
procedure to be used.
Very truly yours,
JOSEPH ELLIOTT
~rR TOR OF PUBLIC WORKS
- ~. dL-
1 M. He{~s
Engineering Manager
BMH: lbp
cc: Barry Shulman, Attorney
111 West St. John, Suite 1010
San Jose, CA 95113
Enclosures
.-
I
CITY OF CAMPbL:.LL
'75 '.!Cr-TH CE~~TR,\L AVENUE
c:\: ~:.,:_~;:: L_L, ~/\ ')5::08
t.) ~i~ ,.1, ._.~.'~:;)\:~J-.'i'~-i'''i''_:'.J r ~..:;~z:
S':C110N ~ "1(\,] GO'/fi\NW.Ei~T CODE
l-T r..';: r:::~:rj~':;j .).< ::iTY Cr CA.'JlPBELL
AGREEMENT
THIS AGREEMENT, made and entered into this 26th day of October
1981, by and between JAMES R. NAISr~ITH, hereinafter referred to as "Owner,"
the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara,
of California, hereinafter referred to as "City."
,)
ahd
S tat~
WITNESSETH:
WHEREAS, "0wner" has acqui red that certa in rea 1 property descri bed as lots
23 and 25 of Tract No. 148, Parr View Tract, which map was recorded August 12,
1940, and filed in Book 4 of Maps at page 55 in the Office of the County Recorder
to the County of Santa Clara; and
WHEREAS, "City" is willing to contract for the construction of street im-
provements on Winchester Boulevard along the frontage of said property; and
~JHEREAS, "Owner" desires to reimburse City for said contract expenditures;
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties
hereto as follows:
(1) "City" agrees to contract for construction of said Hinchester Boule-
vard street improvements and to rel ieve "Owner" of any further
obligation for said construction.
(2) "Owner" agrees to pay to "City" the sum of $421.00 on or before
September 1, 1981, and on the first day of each month succeeding
for the next successive 59 months.
(3) It is further agreed that the above named terms and conditions shall
bind the heirs, successors, administrators or assigns of "Owner."
IN WITNESS WHEREOF, said "City" caused its name to be hereunto affixed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the City
Council, and said "Owner" has caused his name to be affixed the day and year
first above written.
"'TT\I nr- ,..."...nn,-I I
STATE OF CALIFORNIA
COUNTY OF ........Sant.a...Clar.a....
} ss.
On this ...2.:4.th....... day of ....S.~p.t.~.I.1.lP.~;r;.... in the year one thousand nine
hundred and ..~.~.................. before me, ...!?~.~.~~...~.~....~.~~.~~~.............,
a Notary Public, State of California, duly commissioned and sworn, personally
appeared.....J AMES... R... ...NAJ: SMl.rU... .... .... .......... ........ ................ ......
.I
...........................................................
...................................................................
OFFICIAL SEAL
. ~ 8A~RY S. SHULMAN
: NOTA.IY PuoUC CALI~
~ - rOHNIA.
SANTA. CLARA COUNiY
My Comr'"ss'oll Expires May J. 19d5
known to me to be the person ..... whose name .....LS.... subscribed to the within
instrument and acknowledged to me that .....he..... executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal in the .......................... County f anta..CJ.artAe day and year
in this certificate {irsttP~~.., ritt~n~. / _
-..-............-. ...-...._._...L.._...
~~ry lblic, la'l~ '~iC-;jirornia ~._............-...-
My commission expires 5! 3/8 5
.... ....................................................
'75 1.~(Jr-TH CE~:TRAL A. ~NUE
C:',:.::':~C"I_L. S.\ 9Sn08
l~) t.L ..." ._,.~:I:;>\~~}"'I::-".'i",:;'.J r ~":i;E
AGREEMENT
S!:C110N 01.~J GO'/I'i\NIv'.Ei'-lT CODE
AT r":~ r:::.:;rh';, '.:''< ::;n C.;: CA.'''\PBEll
THIS AGREEr~ENT, made and entered into this 26th day of October
1981, by and between JAMES R. NAISr~ITH, hereinafter referred to as "Owner," and
the CITY OF CAMPBELL, a municipal corporation of the County of Santa Clara, State
of California, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, "Owner" has acquired that certain real property described as lots
23 and 25 of Tract No. 148, Parr View Tract, which map was recorded August 12,
1940, and filed in Book 4 of Maps at page 55 in the Office of the County Recorder
to the County of Santa Clara; and
WHEREAS, "City" is willing to contract for the construction of street im-
provements on Winchester Boulevard along the frontage of said property; and
HHEREAS, "Owner" des i res to reimburse City for sa i d contract expenditures;
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties
hereto as follows:
(1) "City" agrees to contract for construction of said Winchester Boule-
vard street improvements and to relieve "Owner" of any further
obligation for said construction.
(2) "0wnerll agrees to pay to "City" the sum of $421.00 on or before
September 1, 1981, and on the first day of each month succeeding
for the next successive 59 months.
(3) It is further agreed that the above named terms and conditions shall
bind the heirs, successors, administrators or assigns of "Owner."
IN WITNESS WHEREOF, sa i d "City" caused its name to be hereunto a ffi xed by
its Mayor and City Clerk, thereunto duly authorized by resolution of the City
Council, and said "Owner" has caused his name to be affixed the day and year
first above written.
CITY OF CAMPBELL
t1ayo r
'--1/};; /7j /" / /
'l-(/L~ (~.' tC-.c ,ij!.{/
City Clerk
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LAND TO BE GRANTED TO THE
CITY OF CAMPBELL
Dr. by L.M.5.
Ck.by J.~
JUNE t 1978
JUNE ,1978
,
I Land to be granted to
City Contains 400, OO~ 51.:1'+.
Prepared by the OfficI' ot Ihe
City Enq,nl"er, Compb..". California
-N-
SCALE: I"~ ~ 40'
RIGHT OF ENTRY
We, the undersigned, owners of that certain real property commonly
known as 3275 and 3293 South Winchester Boulevard, Campbell, California,
do hereby grant unto the City of Campbell, its agents, employees and
contractors the right of entry to said property for the purpose of
doing minor surface improvement work in conjunction with the street
improvements. Said right includes the right to remove existing surface
imorovements, backfill, compact and replace surface improvements.
The City's riqhtto said real property shall be temporary in nature,
and shall terminate upon the completion of said work and upon acceptance
of said work by the City Council of said City of Campbell.
The work to be done on this property shall consist of the following:
Driveway and back of walk conforms.
IN WITNESS WHEREOF, we place our name this
1981.
day of
James R. Naismith
By:
By:
.." "
/'1 "'- 1
(
I
(-I T Y OF C f\ M I' II ELL
75 NORTH CENTRAL AVENUE
C AMP BEL L, C A L I FOR N I A 9 5 008
( 4 0 8) 3 7 8 .8 1 4 1 '/ \.. i.. I _ /(
Department: Publ ic Works
June 11, 1981
Mr. James Naismith
330 Convention Way
Redwood City, CA 94064
RE: WINCHESTER BOULEVARD STREET IMPROVEMENTS, PROJECT 79-2
Dear Mr. Naismith:
The City of Campbell is preparing to award a contract for the con-
struction of street improvements on certain portions of Winchester
Boulevard between Hacienda Avenue and Knowles Drive.
The property owners fronting on this section of Winchester Boule-
vard, including yourself, are being contacted to determine whether
they wish to participate in our contract or whether they wish to
have their frontage improved by a private contract. The City has
received bids on a unit price basis for the work and we bel ieve
that the prices are excellent.
Please communicate with me at 378-8141 at your earliest opportunity
regarding this project. It is our intention to award a contract on
June 22 to commence the work, and it will be necessary for the Council
to direct you to proceed with your improvements independently at that
time if you determine not to participate with our contract.
.
Very truly yours,
Joseph Ell i ott
Director of Publ ic Works
by Bill M. Helms
Engineering Manager
BMH/le
7/l~
CITY OF CAMPBEll
MEMORANDUM
10
J. ROBERT DEMPSTER
CITY ATTORNEY
Date: APRIL 29t 1981
F rom MARTY WOODWORTH
PLANNER I
SubJect:ALEX I S PORSCHE HOUSE - S 78-21
3275 S. WINCHESTER BLVD.
DISCUSSION
Since July 5t 1979 the Planning Staff and Planning Commission have been
"working" with Messrs. Gary Manning and Willis Corbettt attempting to bring
the subject development into conformance with the Zoning Codes. The following
is a history of this development and our efforts.
Part I - Previous Approvals
In 1973t Mr. Ira Kirkorian received approval of plans to construct an auto
service center on property known as 3303 & 3369 S. Winchester Blvd.
Mr. Alex Munozt and Alex's Porsche Houset became a tenant of that center
(S 73-4).
In 1976t Mr. Kent Kirkorian received approval of plans to expand this center
onto the property to the north (S 76-18). Alex's Porsche House moved into
the new addition - also known as 3303 S. Winchester Blvd.
In 1977t Mr. Kirkorian received approval of plans to separate the latest
addition from the rest of the centert combine it with the property to the
north (3293) for parking and ingress/egress purposes (S 76-18). The required
improvements were never constructed and this permit expired.
In 1978t the two lots (3303 & 3293) were combined.
In 1978t Mr. Alex Munoz received approval of plans to construct an addition
on this property - portion formerly known as 3293 - again these improvements
were not constructed and S 78-21 expired on June 6t 1979.
Part II - Abatement History
In 1979t it was brought to the attention of the Planning Staff that the
business had expanded onto the unpaved portion of the property and was
creating noise and dust problems for the neighbors. We sent them the
standard letter on July 5t 1979.
On July lOt 1979t Mr. Corbett responded that they were getting ready to
begin construction on the expiredt but previously approvedt addition (S 78-21)
and the problem would soon be eliminated.
On July lOt 1979t Mr. Corbett requested that the Planning Commission reinstate
the expired plans (S 78-21).
Alex's Porsche House - S 78-12
3275 S. Winchester Blvd.
April 29, 1981
Page Two.
On August 21, 1979, the Planning Commission recommended approval of Mr.
Corbett's request to construct a temporary fence, and to pave the front
portion of the lot. This approval provided that the rear portion of the
lpt could not be used and that the rear fence had to be repaired immediately.
The carport which had already been constructed on the rear portion of the lot
was not approved. (Resolution No. 1814) This approval was ratified by the
City Council on September 10, 1979.
Mr. Corbett was sent a Notice to Appear before you on November 7, 1979,
because he continued to use the rear portion of the lot for storage and
parking of vehicles.
On December 4, 1979, the Planning Commission considered the applicant's
request to use the rear portion of the lot. This request was continued to
February 5, 1980 at the applicant's request in order that he could secure
his building permit. This request was approved for 60 days.
Mr. Manning was sent a Notice to Appear before you on April 16, 1980,
because he failed to meet the Conditions of Approval. He was granted
two more weeks from this date to secure his building permit.
On March 17, 1981, Mr. Manning was sent the attached letter stating that
this was final notice and that he had 30 days to comply with the stated
conditions. As of this writing, Mr. Manning has not secured a building
permit nor improved the rear of the property. In addition, an illegal
A-frame sign has not been removed.
It is the Planning Staff's recommendation that the owner's of Alex's
Porsche House be cited for violation of Chapter 21.42,21.50.020(8),
and 21.68.030 of the Campbell Municipal Code.
ld
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C, I T Y 0 F C;\ 1\1 P n ELL
75 NORTH CENTRAL AVENUE
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 378.8141
Department:
Planning
March 17, 1981
Mr. Gary Manning
Alex's porsche House
3293 S. Winchester Blvd.
Campbell, CA 95008
RE: S 78-21
3293 S. Winchester Blvd.
Dear Mr. Manning:
On February 5, 1980 the
request to use the rear
storage of automobiles.
condi tions :
Planning Corranission approved, for 60 days, your
portion of the subject parcel for the parking/
This approval is subject to the following
1. Either a building permit must be secured for the construction
of the new building which was approved on June 6, 1978; or
2. If the building permit is not secured, and you wish to use the
property for automobile storage, then:
A. Surface area to be graded, drained, and surfaced wi th an
asphaltic concrete as required by Section 21.50.020 of
the Campbell Municipal Code.
B. Applicant to construct a 6' -0" high masonry wall along
the rear property line.
C. There shall be no dismantling of wrecked vehicles on the
property.
D. Applicant to submi t revised landscape plans indicating
additional landscape areas as required by the Campbell
Municipal Code for co1tlI'fercial parking lots.
To date, neither of the above conditions have been met, and the subject
property is still be using for parking/storage of automobiles, in violation
of Sections 21.42 and 21.50.020(8) of the Campbell Municipal Code.
This letter is final notice to inform you that you have thirty (30) days
(on or before April 24, 1981) to meet the conditions stated above. Failure
to comply will result in this matter being referred to the City Attorney
for further action.
rlTl' OF CAMPBELL
Mr. Gary Manning
Alex's Porsche House
March 17, 1981
Page Two
In addition to the above violations, it has been brought to the attention
of the Planning Department that an A-Frame sign has been erected in front
of the subject property in an area known as public right-of-way. This is
in violation of Section 21.68.030 of the Campbell Municipal Code which
requires a permit to be issued for all signs. Please be advised that
this sign must be re1'fC)ved within 7 days (on or before March 25, 1981).
Failure to comply will result in removal of the sign by the City,
being that it is in the public right-of-way. If you wish to apply for
additional signing for your business, an application is available from
the Planning Department.
If you have any questions concerning these matters, please contact the
Planning Department.
Sincerely,
ARTHUR A. KEE
PLANNING DIRECTOR
/l!~ /IN-b<~
MAR~. WOOWORTH ~
PLANNER I
ld
cc: Mr. James Naismith
350 Convention Way
Redwood ci ty, CA 94063
CERTIFIED MAIL
Department: Pub 1 i c Works
DIAl
CASE
CITY OF CAMPBELL
75 NORTH CENTRAL AVENUE
C AMP BEL L. C A L I FOR N I A 9 5 0 0 8
(408) 378-8141
Ap r i 1 30, 1980
Alexander & Alexander
1530 Meridian Avenue
San Jose, CA 95150
Attention: Mr. Jack Smerker
RE: KIRKORIAN DEVELOPMENT
3293 South Winchester
Our File No. Pld (21)
Gentlemen:
In July of 1976 your office issued a faithful performance bond in
favor of Ira and Marguerite Kirkorian, posted by the American In-
surance Company, for street improvements in Winchester Boulevard.
This bond (No. 6298346), in the amount of $10,750.00, was to
guarantee performance of work described in an agreement with the
City identified as No. S 76-18.
Since that time, the Kirkorians have sold the property and the
obligations specified in the agreement have become the responsi-
bility of the new owners. They have posted their own bond; thus
you may cancel the one posted for the Kirkorians.
Very truly yours,
Bill He 1 ms
Engineering Manager
by James Penoyer
Engineering Technician
JP/l e
cc: Kent Kirkorian
Department:
Pub 1 i c Works
CITY OF CAMPBEll
75 NORTH CENTRAL AVENUE
C AMP BEL L, C A L I FOR N I A 9 5 0 0 8
(408) 378-8141
December 14, 1979
Mr. James Naismith
350 Convention Way
Redwood City, CA 94064
RE: ALEX'S PORSCHE--WINCHESTER BOULEVARD
Dear Mr. Naismith:
Enclosed are the agreement to install street improvements in Winchester
Boulevard, and a grant deed for an additional four feet across the northerly
100 feet of your parcel. Please return two signed and notarized copies of
each document.
The amount of the bond has been increased to $19,000.00. The increase is
due to the fact that the parcel now has two hundred feet of frontage, rather
than the one hundred feet that existed in 1976 when Kirkorian posted the
bond for $16,750.00.
We intend to have the improvements installed in Winchester Boulevard from
Hacienda to the southerly city limits in 1980. Sometime during the early
part of next year, we expect to be call ing upon you and the other owners
who have signed agreements to install these improvements.
If you have any questions, please contact the undersigned.
Very truly yours,
Bill Helms, Engineering Manager
,1 /J
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(/
by James Penoyer, Engineering Technician
JP/le
enc 1. (3)
bcc: Barry Schulman
111 W. St. John, Suite 1010
San Jose, CA 95113
A G R E E MEN T
THIS AGREEMENT (identified as Pld (22) made and entered into this
day of
by and between James R. Naismith,
an unmarried man, hereinafter referred to as Il0wner" and the CITY OF CAMPBELL,
a municipal corporation of the County of Santa Clara, State of Cal ifornia,
hereinafter referred to as "City."
WITNESSED:
WHEREAS, owner has acquired that certain real property described as Lot
25 of Tract No. 148, Parrview Tract which map was recorded August 12, 1940,
and filed in Book 4 of Maps at page 55 in the office of the recorder of the
County of Santa Clara, State of California, and
WHEREAS, said real property is now encumbered by the agreement by and
between City and IRA and MARGUERITE KIRKORIAN, husband and wife, which agree-
ment was recorded October 1, J976 in Book C317 of Santa Clara County Official
Records at page 401 and,
WHEREAS, owner has acquired said real property subject to all the benefits
and burdens attendant thereto;
NOW, THEREFORE, it is mutually agreed to by and between the parties hereto
as fo 1 lows:
(1) Owners shall provide, construct and/or install at their own
proper cost and expense upon Winchester Boulevard throughout the frontage
of said real property publ ic street improvements which may consist of, but
not be limited to, the following: Standard City of Campbell curb, gutter,
sidewalk, driveway approaches, handicap ramps, pavement structure, storm
drainage system, street 1 ighting system, underground utilities to serve
said real property, and street trees.
(2) Owners shall provide and construct and/or install all of said
publ ic street improvements when Owners are so notified to do so by said
City Engineer of City.
(3) All of said improvements shall be constructed and/or installed
within twelve (12) months from the date that Owners are notified by said
City Engineer to do so; provided, however, that in the computation of said
twelve-month period, delays due to or caused by acts of God, viz., unusually
inclement weather, major strikes, and other delays beyond the control of
Owners shall be excluded.
Page 1 of 4
It is expressly understood and agreed to that if Owners shall fail to
complete the work required by this Agreement within the said period of
twelve (12) months, the City, after giving ten (10) days written notice
thereof to Owners, may construct and/or install said improvements and re-
cover the full cost and expense thereof from Owners.
(4) Owners shall prepare or cause to be prepared at their cost and
expense improvement plans for the construction and/or installation of said
public street improvements, which plans shall be prepared by a civil engineer
1 icensed by the State of California, which plans shall be submitted to City
Engineer of City for his examination and approval and which plans shall be
submitted to City Engineer when Owners are so notified to do so by City
Eng i neer.
Upon completion and acceptance of the improvements by City, Owners shall
provide reproducible as-built plans to said City Engineer.
(5) The construction work of the improvements embraced by this Agree-
ment shall be done in accordance with the Standard Specifications of the
Department of Public Works, Department of Transportation, State of
California, dated January, 1975, and in accordance with the Specifications
of the City of Campbell and Sanitation District No.4 of Santa Clara County,
where indicated.
Wherever the word "State" or words "Department of Transportation" are
mentioned in the State Specifications, it shall be considered as referring
to the City of Campbell. Also, wherever the "Director" or "Director of
Public Works'l is mentioned, it shall be considered as referring to the City
Engineer.
In case of confl ict between the State Specifications and the Specifica-
tions of the City of Campbell and Sanitation District No.4 of Santa Clara
County, the Specifications of the City of Campbell and Sanitation District
No.4 of Santa Clara County shall take precedence over and be used in lieu
of such conflicting portions.
(6) Owners shall deposit with City, when called upon to do so, for
office examination of improvement plans, field inspection of construction
of improvements and all necessary expenses incurred by City in connection
with said improvements and all necessary expenses incurred by City in con-
nection with said real property the sum of SIX HUNDRED SIXTY FIVE DOLLARS
($665.00) .
(7) Owners shall file with City, upon execution of this Agreement, a
surety acceptable to City in the amount of NINETEEN THOUSAND DOLLARS
($19,000.00) to insure full and faithful performance of the construction of
all the aforementioned improvement work, excluding sanitary sewers and water
distribution system. Said surety shall guarantee that Owners shall correct
any defect which may appear in said work within one (1) year from the date
of acceptance of the work by City and pay for any damage to other work re-
sulting from the construction thereof, as well as paying the cost of all
labor and materials involved. This surety shall remain in full force and
effect until one (1) year after date of final acceptance of said improvements.
Page 2 of 4
(8) Upon final release of said~surety by City, the obligations of
Owners contained In this Agreement shall be considered null .nd void.
(9) In accordance with City storm drain fee schedule, the reimburse-
ment for storm drainage facilities constructed as shown on said plans will
be determined at the time said plans are submitted to City.
(10) City reserves the right to revise storm drain design shown on
approved improvement plans provided Owners are given reasonable written
notice of City's intention to make revisions. Reimbursement amount will
be adjusted by difference between revised storm design and presently ap-
proved storm design, in accordance with City of Campbell Storm Fee
Schedule.
(II) When called upon by City to do so, Owners will execute a petition
fo~ the formation of any special assessment district created pursuant to any
special assessment act as provided in the Streets and Highways Code of the
Sta~e of California created for the purpose of constructing and/or installing
any or all of the public improvements herein described.
(12) Owners shall participate in and become a part of any special
assessnent district as described in paragraph (ll) of this Agreement.
It is expressly understood that any obl igations of Owners contained in
this Agreement that are accomplished to the satisfaction of said City En-
gineer by said special assessment district shall be considered null and void.
(13) Any easement and right of way within or without said real property
necessary for the completion of the project shall be acquired by Owners at
their own cost and expense. It is provided, however, that in the event
eminent domain proceedings are required for the purpose of securing said
easement and right of way, Owners shall deposit or cause to be deposited
with City a sum covering the reasonable market value of the land proposed
to be taken and to be included in said sum shall be a reasonable allowance
for severance damages, if any. It is further provided that in addition
thereto such sums as may be required for legal fees and costs. ~ngineering
and other incidental costs shall be deposited with City.
(14) Owners shall carry out any and all negotiations with all interested
parties and sh~ll perform or cuase to be performed at their own cost and ex-
pense and to the satisfaction of the City Engineer any and all work required
to abandon, remove, raise, lower, relocate and otherwise modify irrigation
line or lines within the boundary of said real property.
(15) Owners shall indemnify and save harmless the City of Campbell, the
City Council and the City Engineer, and any and all other officers or em-
ployees of City from any suits, claims or actions brought by any person for
Page 3 of 4
or on account of any injuries or damages to persons or property sustained
or arising in the construction of the on-site work due to any acts, omissions
or negligence of Owners, their officers, agents, employees or contractors.
(16) This instrument is and shall be considered to be an instrument
affecting the right, title, interest in or possession of the real property
hereinab0ve described, and shall bind the successors in interest of Owners.
IN WITNESS WHEREOF, said City has caused its name to be affixed by its
Mayor and City Clerk, who are duly authorized by resolution of the City
Council, and said Owners have caused their names to be affixed the day and
year first above written.
CITY OF CAMPBELL
Mayor
City Clerk
OWNER
James R. Naismith
Page 4 of 4
GRANT DEED
I, James R.';;Jaismit:l, -an urm.<-<'Iried man,
hereby grant unto the CITY OF CAJWBELL, a
municipal corporation of the County of Santa
Clara, State of California, for public street
purposes and to become a portion of Winchester
Boulevard all that certain real property within
said City and more particularly described
as follows:
BEGINNING at the most easterly corner of that certain
Parcel "B" as said Parcel "B" is shown upon that certain Parcel
Map recorded January 9, 1978, and filed in Book 411 of Maps at
page 3 in the office of the County Recorder, County of Santa
Clara, State of California;
THENCE, along the southeasterly line of Parcel "B" South
310 43' West 100.00 feet to its intersection with a southwesterly
line of Parcel "B";
THENCE, along said south\vesterly line North 580 17' West
4.00 feet to its intersection with a line that is parallel with
and 42.00 feet northwesterly, measured at right angles, from
the centerline of Winchester Boulevard (formerly Santa Clara-
Los Gatos Road) as said Winchester Boulevard is shown upon said
l"la p ;
THENCE, along said parallel line North 310 43' East 100.00
feet to its intersection with the northeasterly line of Parcel
"B";
THENCE, along said northeasterly line South 580 17' East
4.00 feet to the POINT OF BEGINNING.
CONTAINING 400.00 square feet, more or less, and being a
portion of the Rancho Rinconada de Los Gatos.
IN WITNESS WHEREOF, I.. have placed my name~ this
day of , 19
JAMES R. NAISMITH
(Notary Certificate)
1 of 1
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CITY OF CAMPBELL
75 NORTH CENTRAL AVENUE
C AMP BEL L. C A L I FOR N I A 8 5 0 0 8
(408) 378.8141
JUi'~ ;
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Department: PIa n n I n g
DATE: June 9, 1978
CONDITIONS ATTACHED TO "S" APPROVAL OF PLANS OF Mr. Alex Munoz
S 78-21
, FOR CONSTRUCTION OF an expansion of an auto center
T~ !'E lotATfO AT 3293 S. Winchester
CONI> IT IONS:
(See attached)
Section 21.42.090 of the Campbell Hunjcipal Code reads as follows:
Any approval granted under this section shall expire one year after the
date upon which such approval was granted, unless an extension for SUCh
approVal is obtained ., ..iRg written app1 ication for same to the
Planning Commission at least fifteen (15) days prior to the expiration
ate of such approvel.
No building perait shAll .. is..... after the alC.Plration date of any approv.al
until a new approval has been aIIta.... tn u. __r provided for In this
Chapter.
GIANTED BY THE CITY OF CAMPBELL 'LANNING COMHISSIOIi AT A REGUlM HEETING
HELD ON THE 2nd DAY OF June. 1'78.:--
trn Of tA-iJ Il'U. ....",... tefil'tUt.
cc: ~bl i c Works
Fire Department
IV: ~(J.~~
ARTHUR A. KE , SE RETARY
-_.~._---- -....... - -.-" ,........~.....~ '--'-. '..-." -~ -~-.-_._" - .- ~----'-----"". .----,---...--,-----. -
'. .
CONDITIONS OF APPROVAL - S 78-21
Application of: Munoz, A.
Page 1
2
MIA'"
Revised elevations to be approved by the Planning Director
upon recommendation of the Architectural Advisor.
Property to be fenced and landscaped as indicated and/or
added in red on plans.
3
Landscaping plan indicating type and size of plant material,
and location of hose bibs or sprinkler system to be submitted
for approval of the Planning Director prior to application
for building permit.
It
Fencing plan indicating location and design details of fencing
to be submitted for approval of Planning Director prior to
application for building permit.
5
Landscaping and fencing shall be maintained in accordance with
the approved plan.
6
Applicant to either (1) post a faithful performance bond in
the amount of $5,000 to insure landscaping, fencing,
striping of parking areas within three months of completion
of construction, or (2) file written agreement to complete
landscaping, fencing and striping of parking areas prior to
final Building Department clearance.
App11cant to submit a letter. satisfactory to the City Attorney
t hniti~ 'the use of the property to: square feet of
office use, square feet of speculative industrial
use, and square feet of warehouse use.
1
.'1 wedumlal equ1~ ~ed Oft nJOfs to be sc..-eend -
approved by the Planning Director.
8
Revised site plan to be approved by the Planning Director.
.../A . Not app1tcable to this application.
___,._ _._~__._.__.-_~~:~-_..._-_....:---~ _._ _.....-.._ _.. ~.____.. "".u._ "_..' ~.~ "._r .,.
--'r' ~- - _.,.--. -~._--..-...,".
CONDITIONS OF APPROVAL - S 78-21
Application of: Munoz, A.
Page 2
The applicant is notified as part of this application that he/she is required
to meet the following conditions in accordance with Ordinances of the City of
Campbell and Laws of the State of California.
A All parking and driveway areas to be developed in compliance
with Section 21.50 of the Campbell Municipal Code. All
parking spaces to be provided with a~~ro~riate concrete curbs
or bumper guards.
B Underground utilities to be provided as required by Section
20.16.070 of the Campbell Municipal Code.
C Plans submitted to the Building Department for plan check shall
indicate clearly the location of all connections for underground
utilities including water, sewer, electric, telephone and
television cables, etc.
D Sign application to be submitted in accordance with provisions
of the sign ordinance for all signs. No sign to be installed
until application is approved and permit issued by the Building
Department. (Section 21.68.070 of. the Campbell Municipal Code.)
E Ordinance No. 782 of the Campbell Municipal Code stipulates that
any contract for the collection and disposal of refuse, garbage,
wet garbage and rubbish produced within the limits of the city
of Campbell shall be made with Green Valley Disposal Company.
This requirement applies to all stngle-femt1v dwellings, multiple
apartment units, to all commercial, business, industrial,
.-nufacturing, and construction establishments.
f Trash contalner(s) of . sIze .nd quantIty necessary to serve the
development shall be located in area(s) approved by the fire
Department. Unless othenwise noted, enclosure(s) shall consist
of a concrete floor surrounded by a solid wall or fence and
__ ..If-~lQSIn.i 4oGrsol . size SJlKlfled J.)' the fire Departllll!llt.
AI1 ..-ctu-t- to _constructed at..... ....1.
G Applicant shall comply with all appropriate State and City require-
ments for the handicapped.
N/A* Noise levels for the interior of residential units shall comply
with minimum State (Title 25) and local standards as Indicated
in the Noise Element of the Campbell General Plan.
*N/A - Not applicable to this ~plication.
CONDITIONS OF APPROVAL - S 78-21
Application of: Munoz, A.
Page 3
BUILDING DEPARTMENT
H Group E building shall require two additional exit doors.
Table 33A UBC.
PUBLIC WORKS DEPARTMENT
Pay storm drainage area fee of $232.
J Dedicate right of way to a 42-foot half-street along Winchester
Bou 1 eva rd.
K Enter into an agreement and provide surety to construct street
improvements and/or enter into a local improvement district over
that portion of the property not already covered by an agreement.
l Northeasterly driveway to be relocated five feet from property line.
The applicant is notified that he/she shall comply with all applicable
Codes or Ordinances of the City of Campbell which pertain to this
development and are not herein specified.