Deed Restriction for SLU - 2003
MEMORANDUM
Date:
nity Development Department
To:
From:
Subject:
Recorded documents
The following recorded document has been returned by the County Recorder's Office:
Original
1. Declaration of Covenants, Conditions and Restrictions for a Second Living Unit -
1500 Walnut Drive - Lyle Morando
A copy of the above document is attached for your records. The original document has
been filed in the vault.
When Recorded Mail To:
City Clerk
City of Campbell
70 N. First Street
Campbell, CA. 95008
Fees. .* No Fees
Taxes.
Copies. . 7.00
AMT PAID 7.00
For the Benefit of
City of Campbell
Recorded Free
Gov. Code Sec. 27383
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Ci ty
RDE *t 002
7/14/2003
10:29 AM
(Space above this line for Recorder's Use)
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR A SECOND LIVING UNIT
T is Declaration is executed and delivered as of the ~ day of ~ \ ) L'I ' 2003, by
- 0 , having an address at
SOD .{ .c.JA-'!",,1\J ur b£. (who is hereinafter referred to as
"Owner"), in favor of and for the benefit of the City of Campbell, having a business address of
70 North First Street, Campbell, California 95008 (hereinafter referred to as "City").
WITNESSETH:
WHpREAS, Owneris the sole owner in fee of certain real property commonly known as
1500 WA-LtJu-r "'DR... (street address), Campbell, California (Santa Clara
County Assessor's Parcel Number fJ OiL, -.2.1. -f)' '1- DO ), and more particularly
described in Exhibit A (Legal Description) attached hereto and made a part hereof (hereinafter
referred to as the "Subject Property");
WHEREAS, on 7 / D I J (J:3 , the Owner submitted application number
·Bl-D'-o03-ðO~qi a Building Permit, which among other things seeks approval for the
construction of a secondary living unit (herein after referred to as the "Project");
WHEREAS; the conditions of approval of the building permit provide that the applicant
shall record this declaration of covenants, conditions, and restrictions for the secondary living
unit;
NOW, THEREFORE, in consideration of the benefits bestowed on the Subject Property
by the approval of the building permit, Owner hereby declares, covenants, and agrees as follows:
1. Any future improvements will require further permits. Such additional work done
under requisite permits shall not require amendment of this Declaration so long as the
work is consistent with this declaration.
2. The terms, covenants, conditions and restrictions set forth herein are:
a. Not more than one dwelling unit on the Subject Property shall be rented or
leased.
b. One of the two dwelling units on the Subject Property shall be Owner
occupied at all times.
Violations of these restrictions shall constitute a violation of the City's Zoning
Ordinance.
3. Owner shall indemnify, defend and hold harmless the City of Campbell, and their
officers, officials, employees, and agents from any and all claims, demands, actions,
causes of action, losses, costs (including reasonably incurred attorney's fees and
litigation costs), and liabilities, of any kind or nature, arising out of, or related to the
condition of the Subject Property or use or maintenance thereof, or Owner's
obligations under this Declaration, except for any claims, demands, actions, causes of
action, losses, costs or liabilities that are the proximate result of the sole negligence or
willful misconduct of the City of Campbell;
4. The terms, covenants, conditions and restrictions set forth herein are for the mutual
benefit of the City and its real property and the Subject Property. The covenants
contained in this Declaration shall be binding upon Owner and inure to the benefit of
City, and their respective successors and assigns;
5. The covenants granted, reserved or otherwise set forth herein shall be appurtenant to
and run with the land, and shall in all respects constitute covenants running with the
land pursuant to applicable California law, enforceable by the City at law and in
equity;
6. This Declaration may not be amended, modified, altered or changed unless in writing,
in recordable form, approved by City;
7. This Declaration shall be recorded in the Santa Clara County Office of the Recorder
prior to the issuance of any building permits for work on the Project.
2
OWNER:
NAME (PRINT)
SIGNATURE
DATE
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On the Af~ of ~ ~ ~, before =. the und=igood. a NoWy PnbHo in aod fn, tho Stare.
personally appeared ~~ ~4n~ , perseaally læ8"¡m t8 me (or proved to me on the basis of
satisfactory evidence) to e the perso~ whose name~i~ubscribed to the within instrument and acknowledged to me that
hels~executed the same in hi~ authoriz,~~2pacity~ and that by hislherftheir signature,¢ on the instrument the
perso~ or the entity upon behalf of which the pers07 J acted executed the instrument.
WITNESS my hand and official seal
3
Courtesy Notice
Issuance of Building Permit for a New Secondary Living Unit
We are providing this courtesy notice to let you know that the City has issued a building
permit for a secondary living unit at 1500 Walnut Drive. The plans meet the
requirements of the Building Code and the development requirements of Campbell's
Zoning Ordinance. This notice has been sent only to property owners of homes
immediately adjacent and across the street from the development site.
Prior to July 1, 2003, anyone who wished to build a secondary living unit (also known as
a granny-unit) was required to meet the development standards of the Zoning Ordinance
and receive approval of a Conditional Use Permit from the Planning Commission at a
public hearing. Persons who owned property within 300 feet of the project were notified
about the public hearing and could attend the meeting and speak to the Commission about
the project.
Recently the State Legislature passed an Assembly Bill (AB 1866) that changed State law
and the rules for how Cities handle applications for secondary living units. The new
State law stipulates that Cities in California are no longer allowed to hold a public
hearing on these projects.
However, the new law didn't change the development standards of Campbell's Zoning
Ordinance for secondary living units which include the following requirements:
· Only allowed on lots that are 12,000 square feet in area or greater;
· Two parking spaces must be provided for the new secondary living unit, In
addition to the parking for the main house;
· The secondary living unit cannot be larger than 640 square feet; and
· The property owner must live either in the main house or in the secondary living
unit - only one of the dwellings can be rented.
Questions regarding this notice may be addressed to Stephanie Willsey, Planner I, in the
Community Development Department at (408) 866-2140.
7/23/03
July 11, 2003
Mr. Lyle Morando
1500 Walnut Drive
Campbell, CA 95008
Re: New Second Living Unit
File No.: BLD2003-00858
1500 Walnut Drive
Dear Mr. Morando:
The Community Development Director has reviewed and approved your building permit application
(BLD2003-00858) for the construction of a new attached second dwelling unit on property located at
1500 Walnut Drive. The subject property is currently zoned R-l-lO (Single-Family Residential) and is
designated Low Density Residential (less 3.5 units per gross acre) on the City's General Plan Land Use
Map. The new second dwelling unit meets the development standards for the R-l-lO Zoning District and
design guidelines as required by Section 21.61.030 of the Campbell Municipal Code.
The following Municipal Code requirement needs to be fulfilled prior to the issuance of a building permit:
1. Deed Restriction: The applicant shall record a deed restriction that stipulates that not more than
one dwelling unit on the parcel shall be rented or leased and that one of the dwelling units shall
be owner occupied at all times.
The following Municipal Code requirement needs to be fulfilled prior to the issuance of a certificate of
building occupancy:
1. Park Impact Fee: The applicant shall pay a park impact fee of $5,635 for the second living unit
prior to the issuance of a certificate of building occupancy.
If you should have any questions, I can be reached at (408) 866- 2193 or via email at
stephaniew@cityofcampbell.com.
Sincerely,
St~W~
Planner I
encl: Sample Deed Restriction
cc: Geoff Bradley, Senior Planner
Frank Mills, Senior Building Inspector
70 North First Street· Campbell, California 95008-1436 . TEL 408.866.2140 FAX 408.866.8381 . TDD 408.866.2790
July 16,2002
Mr. Lyle Morando
1500 Walnut Drive
Campbell, CA 95008
Re: PRE2002-00016
1500 Walnut Drive
Dear Mr. Morando:
Thank you for your pre-application submittal for the construction of a new second living
unit located at 1500 Walnut Drive.
The property is presently zoned R-l-lO and is designated as Low-Density Residential on
the City's General Plan Land Use Map which allows a density range of less than 3.5 units
per gross acre. This property is located in the San Tomas Neighborhood and is subject to
the development standards and design guidelines of the San Tomas Area Neighborhood
Plan (STANP.) The construction of a new second living unit requires approval of a
Conditional Use Permit by the Planning Commission and would be decided upon at a
public hearing.
The Planning Division completed the review of the pre-application and has the following
comments regarding the proposal:
1. Trees: The development site appears to have many mature trees. All trees on site
must be indicated on your site plan and note the type, size, and whether such trees are
proposed to be removed or preserved. Please know that Oak, Redwood, Cedar and
Ash trees that are greater than 12 inches in diameter are protected under the City's
Tree Protection Regulations and may not be removed without first obtaining a Tree
Removal Permit. The Tree Protection Regulations require that protected trees that
can be reasonably accommodated on site with a proposed development should be
preserved (see enclosed.) It is recommended that to the extent possible, you preserve
the existing trees on site that will better serve to integrate the new project with the
existing neighborhood. Additionally, the ST ANP requires a minimum of one tree per
each 2,000 square feet of net lot area (you may include existing trees that are to
remain) and should be shown on the plans~
70 North First Street· Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TOD 408.866.2790
2. Architectural Issues: The exterior appearance of the second living unit should match
the existing main dwelling unit in terms of architectural style, building materials and
colors so as to tie the two together.
3. Parking: Section 21.61.030 of the Campbell Municipal Code (Additional Living
Units) requires that four parking spaces, two of which must be covered, be provided
on site. The uncovered parking spaces may be permitted in tandem in the driveway
of a two-car garage if the garage meets the minimum setbacks and the lot
configuration precludes placement elsewhere on the property. The location of the
required off-street parking spaces should be indicated on the plans.
4. Park Impact Fees: The property owner will be required to pay the Park Impact fee for
the construction of the second living unit, which is currently $5,635.
5. Location of Buildings: Buildings on a residentially zoned lot shall be no closer to
each other than the taller of the two buildings. The height of the main dwelling unit
and the proposed second dwelling unit were not indicated on the plans but the
minimum setback as specified above should be indicated on the plans.
Your application was distributed to the Planning Division, Public Works Department,
Building Division and the County Fire Department. In addition to the Planning
Division's comments contained in this letter, please find enclosed preliminary conditions
of approval from the Building Division. The Public Works Department and the County
Fire Department did not have any comments or preliminary conditions of approval at this
time. Please note that these comments are meant to be preliminary and that conditions of
approval from each department will be developed when the Conditional Use Permit
application is submitted.
Thank you for the opportunity to review these plans. Please do not hesitate to contact me
at (408) 866-2143 or via email at stephaniew@cityofcampbell.com to schedule a meeting
to discuss these comments and the application process.
Sincerely,
~ {jj~
Stephanie Willsey
Planner I
end: Conditional Use Permit Application
Tree Protection Regulations
Additional Living Unit Regulations
Building Division Comments, 7/10/2002
cc: GeoffBradley, Senior Planner
CITY OF CAMPBELL
BUILDING INSPECTION DIVISION - COMMENTS TO THE DEVELOPMENT REVIEW COMMITTEE
DRC:
July 10, 2002
ADDRESS: 1500 Walnut Dr.
Project Application: PRE-2002-00016
RECOMMENDATION:
Note: No building code issue has been reviewed at Development Review Committee; it will be reviewed in the
Building Pennit process. Please be aware that building codes are changing constantly; plans submitted for building
penn it shall comply with the code in effect at that time. Submit pennit application together with required
documents to the Building Inspection Division to obtain a building penn it. No construction can be commenced
without an appropriate building pennit.
It is recommended that this item be forwarded to the Planning Commission for review, with the following
conditions.
TO THE SA TISF ACTION OF THE BUILDING DIVISION MANAGER/BUILDING OFFICIAL:
1. PERMITS REQUIRED: A building permit application shall be required for the proposed new
detached living unit. The building permit shall include ElectricallPlumbinglMechanical fees when
such work is part of the permit.
2. CONSTRUCTION PLANS: The conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
3. SIZE OF PLANS: The minimum size of construction plans submitted for building permits shall be
24 in. X 36 in.
4. SOILS REPORT: Two copies of a current soils report, prepared to the satisfaction of the Building
Official, containing foundation and retaining wall design recommendations shall be submitted with
the building permit application. This report shall be prepared by a licensed engineer specializing in
soils mechanics.
5. SITE PLAN: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan shall
also include site drainage details.
6. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection. This
certificate shall certifY compliance with the recommendations as specified in the soils report and
the building pad elevation and on-site retaining wall locations and elevations are prepared
J:\Building ORC Comments\1500walnutdr.doc
according to approved plans. Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer for the following items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
7. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-IR and
MF-IR shall be blue-lined on the construction plans. 8% X 11 calculations shall be submitted as
well.
8. SPECIAL INSPECTIONS: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to the
Building Official for approval prior to issuance of the building permits, in accordance with U.B.C
Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building
Inspection Division Counter.
9. The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program
specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is
available at the Building Division service counter.
10. APPROV ALS REQUIRED: The project requires the following agency approval prior to issuance
of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. School District:
i) Campbell Union School District (378-3405)
ii) Campbell Union High School District (371-0960)
iii) Moreland School District (379-1370)
iv) Cambrian School District (377-2103)
Note: To Determine your district, contact the offices identified above.
Obtain the School District payment form from the City Building Division,
after the Division has approved the building permit application.
d. Bay Area Air Quality Management District (Demolitions Only)
J:\Building DRC Comments\1500walnutdr.doc
Pre-Application Submittal for separate residence addition to property located at:
1500 Walnut Drive
Campbell, CA 95008
Property Owner - Lyle Morando
Property is 13,597 sq ft. with 1,983 sq. foot single-family residence.
Additional residence will be a granny flat - 640 sq. feet - 1 bedroom, 1 bath,
kitchen, living room - to be occupied by Mother of owner - 86 yr. old Ada
Morando.
Total sq. foot of usage will be 2,623 sq. ft. = 19.29% coverage