Preview
Electronically Filed
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP by Superior Court of CA,
A Limited Liability Partnership
Including Professional Corporations County of Santa Clara,
ARTHUR J. FRIEDMAN, Cal. Bar No. 160867 on 8/28/2019 4:29 PM
ALEXANDER L. MERRITT, Cal Bar No. 277864 Reviewed By: Tunisia Turner
DANIEL S. MAROON, Cal. Bar No. 297900 Case #17CV311946
Four Embarcadero Center, 17" Floor Envelope: 3324491
San Francisco, California 94111-4109
Telephone: 415-434-9100
Facsimile: 415-434-3947
E-mail: afriedman@sheppardmullin.com
amerritt@sheppardmullin.com
dmaroon@sheppardmullin.com
Attorneys for Plaintiff,
YCS INVESTMENTS, INC.
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SANTA CLARA
12
13 YCS INVESTMENTS, INC., Case No. 17CV311946
14 Plaintiff, PLAINTIFF’S REQUEST FOR
7 JUDICIAL NOTICE IN SUPPORT OF
15 OPPOSITION TO DEFENDANT’S
THE COUNTY OF SANTA CLARA, MOTION FOR JUDGMENT ON THE
16 PLEADINGS
Defendant.
17 Hearing: September 12, 2019
Time: 9:00 a.m.
18 Dept. 19
Judge: Hon. Peter H. Kirwan
19
SAC Filed: July 10, 2018
20 Trial Date: None Set
21
22
23
24
25
26
27,
28
1
SMRH:4852-1274-7426.1 RJN ISO OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADINGS
i TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
2 YCS Investments, Inc. hereby requests that the Court take judicial notice of the following
3 items and facts pursuant to Evidence Code sections 452 and 453, in support of YCS Investments,
4 || Inc.’s Opposition Defendant’s Motion for Judgment on the Pleadings:
a Exhibit A: Santa Clara County Charter Sections A33-21; A33-22; A33-23; A33-25.
6 Exhibit B: Santa Clara County Code Section 5.10.030.
7 || Dated: August 28, 2019 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
ARTHUR J. FRIEDMAN
10 ALEXANDER L. MERRITT
DANIEL S. MAROON
11
Attorneys for Plaintiff
12 YCS INVESTMENTS, INC.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
SMRH:4852-1274-7426.1 RJN ISO OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADINGS
PROOF OF SERVICE
YCS Investments, Inc. v. The County of Santa Clara
Santa Clara County Superior Court, Case No. 17CV311946
I am employed in the County of San Francisco; I am over the age of eighteen
years and not a party to the within entitled action; my business address is
Four Embarcadero Center, 17th Floor, San Francisco, California 94111-4109.
On August 28, 2019, I served the following document(s) described as
PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
OPPOSITION TO DEFENDANT’S MOTION FOR JUDGMENT ON THE
PLEADINGS on the interested party(ies) in this action by placing true copies thereof
enclosed in sealed envelopes and/or packages addressed as follows:
James R. Williams
Mark F. Bernal
Office of the County Counsel
10 70 West Hedding Street, East Wing, 9° Floor
San Jose, CA 95110
11 Attorneys for Defendant
COUNTY OFSANTA CLARA
12 Telephone: (408) 299-5900
Facsimile: (408) 292-7240
13
14 BY E-MAIL SERVICE: I caused the above reference document(s) to be
electronically served through E-mail Service in this action was completed on all
15 parties listed on the service list.
16
STATE: | declare under penalty of perjury under the laws of the State of
17 California that the foregoing is true and correct.
18 Executed on August 28, 2019, at San Francisco, California.
19
ea h Ne
20
Lisa P. Ng
21
22
23
24
25
26
27
28
3
SMRH:4852-1274-7426.1 RJN ISO OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADINGS
EXHIBIT A
Sec. A33-21. - Duties of Planning Director.
The Planning Director shall be responsible for the general formation, adoption and carrying out of policies for improving the
physical environment of the County, for promoting the social and economic well-being of its citizens, and for conserving and
putting to best use its natural resources, and such other duties as may be prescribed by the Agency Director.
(Ord. No. NS-300.705, § 2, 1-14-03)
Sec. A33-22. - Zoning enforcement.
The Planning Director shall be responsible for enforcing all zoning ordinances.
(Ord. No. NS-300.705, § 2, 1-14-03)
Sec. A33-23. - Technical opinions.
The Planning Director shall render technical opinions to any board or commission requesting the same; and, in the discretion
of the Agency Director, any other material prepared by staff of the Agency relative to the matter may be appended for the
information of the board or commission in making its decision.
(Ord. No. NS-300.705, § 2, 1-14-03)
Sec. A33-25. - Planning Office.
The Planning Office is the Planning Agency under Chapter 3 of Title 7 of Division 1 of the Government Code (Government Code
5100 et seq.) for the following functions:
(a) To prepare, develop and maintain a general plan;
(b) To review periodically the capital improvement program of the County;
(c) To render an annual report to the Board of Supervisors on the status of the plan and progress in its
application;
(d) To review and report to the County Executive to conformity of the coordinated program of proposed public
works for the ensuing fiscal year with the adopted General Plan or part thereof;
(e) To report upon the conformity of public acquisition, dispositions, abandonments or construction with adopted
general plans in accordance with of the Government Code § 65402. The provisions of Government Code §
65402(a) shall not apply to:
(1) The disposition of the remainder of a larger parcel that was acquired and used in part for street
purposes;
(2) Acquisitions, dispositions or abandonments for street widenings; or
(3) Alignment projects; provided such dispositions for street purposes, acquisitions, dispositions or
abandonments for street widenings or alignment projects are of a minor nature;
(f) To report under Government Code 88 65401, 65402 on the conformity of improvement of streets,
authorization or laying of sewers, or other improvements, including public buildings or works (including school
buildings) with specific street or highways or open space plans adopted by the Board of Supervisors.
(Ord. No. NS-300.705, § 2, 1-14-03)
EXHIBIT B
§ 5.10.030. - Planning Director.
The Planning Director is responsible for overseeing the work of the Department of Planning and
Development. The Planning Director also designates the Planning Commission Secretary, Land
Development Coordinator, ASA Secretary, and Zoning Administrator. Any decisions made by the Planning
Office staff that are not listed in Table 5.10-1 may be appealed to the Planning Director.
(Ord. No. NS-1200.349, 8 10, 4-7-15)
Preview
Electronically Filed SHEPPARD, MULLIN, RICHTER & HAMPTON LLP by Superior Court of CA, A Limited Liability Partnership Including Professional Corporations County of Santa Clara, ARTHUR J. FRIEDMAN, Cal. Bar No. 160867 on 8/28/2019 4:29 PM ALEXANDER L. MERRITT, Cal Bar No. 277864 Reviewed By: Tunisia Turner DANIEL S. MAROON, Cal. Bar No. 297900 Case #17CV311946 Four Embarcadero Center, 17" Floor Envelope: 3324491 San Francisco, California 94111-4109 Telephone: 415-434-9100 Facsimile: 415-434-3947 E-mail: afriedman@sheppardmullin.com amerritt@sheppardmullin.com dmaroon@sheppardmullin.com Attorneys for Plaintiff, YCS INVESTMENTS, INC. 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SANTA CLARA 12 13 YCS INVESTMENTS, INC., Case No. 17CV311946 14 Plaintiff, PLAINTIFF’S REQUEST FOR 7 JUDICIAL NOTICE IN SUPPORT OF 15 OPPOSITION TO DEFENDANT’S THE COUNTY OF SANTA CLARA, MOTION FOR JUDGMENT ON THE 16 PLEADINGS Defendant. 17 Hearing: September 12, 2019 Time: 9:00 a.m. 18 Dept. 19 Judge: Hon. Peter H. Kirwan 19 SAC Filed: July 10, 2018 20 Trial Date: None Set 21 22 23 24 25 26 27, 28 1 SMRH:4852-1274-7426.1 RJN ISO OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADINGS i TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: 2 YCS Investments, Inc. hereby requests that the Court take judicial notice of the following 3 items and facts pursuant to Evidence Code sections 452 and 453, in support of YCS Investments, 4 || Inc.’s Opposition Defendant’s Motion for Judgment on the Pleadings: a Exhibit A: Santa Clara County Charter Sections A33-21; A33-22; A33-23; A33-25. 6 Exhibit B: Santa Clara County Code Section 5.10.030. 7 || Dated: August 28, 2019 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP ARTHUR J. FRIEDMAN 10 ALEXANDER L. MERRITT DANIEL S. MAROON 11 Attorneys for Plaintiff 12 YCS INVESTMENTS, INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 SMRH:4852-1274-7426.1 RJN ISO OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADINGS PROOF OF SERVICE YCS Investments, Inc. v. The County of Santa Clara Santa Clara County Superior Court, Case No. 17CV311946 I am employed in the County of San Francisco; I am over the age of eighteen years and not a party to the within entitled action; my business address is Four Embarcadero Center, 17th Floor, San Francisco, California 94111-4109. On August 28, 2019, I served the following document(s) described as PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS on the interested party(ies) in this action by placing true copies thereof enclosed in sealed envelopes and/or packages addressed as follows: James R. Williams Mark F. Bernal Office of the County Counsel 10 70 West Hedding Street, East Wing, 9° Floor San Jose, CA 95110 11 Attorneys for Defendant COUNTY OFSANTA CLARA 12 Telephone: (408) 299-5900 Facsimile: (408) 292-7240 13 14 BY E-MAIL SERVICE: I caused the above reference document(s) to be electronically served through E-mail Service in this action was completed on all 15 parties listed on the service list. 16 STATE: | declare under penalty of perjury under the laws of the State of 17 California that the foregoing is true and correct. 18 Executed on August 28, 2019, at San Francisco, California. 19 ea h Ne 20 Lisa P. Ng 21 22 23 24 25 26 27 28 3 SMRH:4852-1274-7426.1 RJN ISO OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADINGS EXHIBIT A Sec. A33-21. - Duties of Planning Director. The Planning Director shall be responsible for the general formation, adoption and carrying out of policies for improving the physical environment of the County, for promoting the social and economic well-being of its citizens, and for conserving and putting to best use its natural resources, and such other duties as may be prescribed by the Agency Director. (Ord. No. NS-300.705, § 2, 1-14-03) Sec. A33-22. - Zoning enforcement. The Planning Director shall be responsible for enforcing all zoning ordinances. (Ord. No. NS-300.705, § 2, 1-14-03) Sec. A33-23. - Technical opinions. The Planning Director shall render technical opinions to any board or commission requesting the same; and, in the discretion of the Agency Director, any other material prepared by staff of the Agency relative to the matter may be appended for the information of the board or commission in making its decision. (Ord. No. NS-300.705, § 2, 1-14-03) Sec. A33-25. - Planning Office. The Planning Office is the Planning Agency under Chapter 3 of Title 7 of Division 1 of the Government Code (Government Code 5100 et seq.) for the following functions: (a) To prepare, develop and maintain a general plan; (b) To review periodically the capital improvement program of the County; (c) To render an annual report to the Board of Supervisors on the status of the plan and progress in its application; (d) To review and report to the County Executive to conformity of the coordinated program of proposed public works for the ensuing fiscal year with the adopted General Plan or part thereof; (e) To report upon the conformity of public acquisition, dispositions, abandonments or construction with adopted general plans in accordance with of the Government Code § 65402. The provisions of Government Code § 65402(a) shall not apply to: (1) The disposition of the remainder of a larger parcel that was acquired and used in part for street purposes; (2) Acquisitions, dispositions or abandonments for street widenings; or (3) Alignment projects; provided such dispositions for street purposes, acquisitions, dispositions or abandonments for street widenings or alignment projects are of a minor nature; (f) To report under Government Code 88 65401, 65402 on the conformity of improvement of streets, authorization or laying of sewers, or other improvements, including public buildings or works (including school buildings) with specific street or highways or open space plans adopted by the Board of Supervisors. (Ord. No. NS-300.705, § 2, 1-14-03) EXHIBIT B § 5.10.030. - Planning Director. The Planning Director is responsible for overseeing the work of the Department of Planning and Development. The Planning Director also designates the Planning Commission Secretary, Land Development Coordinator, ASA Secretary, and Zoning Administrator. Any decisions made by the Planning Office staff that are not listed in Table 5.10-1 may be appealed to the Planning Director. (Ord. No. NS-1200.349, 8 10, 4-7-15)