Deed Restriction - No Short Term Rental or ADU - 201823930406
Recording Requested By:
City of Campbell
When Recorded Mail To:
City of Campbell
Planning Division
70 N. First Street
Campbell, CA. 95008
For the Benefit of
City of Campbell
Regina Alcomendras
Santa Clara Countyy -Clerk-Recorder
05/10/2018 04:03 PM
CONFORMED COPY
Copy of document recorded.
Has not been compared with original.
(Space above this line for Recorder's Use)
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR A RESIDENTIAL ADDITION
This Declaration is executed and delivered as of the ~_ day of _~~ 20~, by
o vti G ti.t ti having address at
,,,, , ~ ~ t~ , C A .S'QOI~" (who is hereinafter referred to as
"Owner"), in favor of and for the b nefit of the City of Campbell, having a business address of 70
North First Street, Campbell, California 95008 (hereinafter referred to as "City").
WITNESSETH:
WHEREAS, Owner(s) is the sole owner(s) in fee of certain real property commonly known
as 983 Smith Ave., Campbell, California and more particularly described in Exhibit A (Santa Clara
County Assessor Map), attached hereto and made a part hereof, as Assessor Parcel Number 406-
04-046 (hereinafter referred to as the "Subject Property");
WHEREAS, on July 24, 2017, the Community Development Director granted approval of
Administrative Site and Architectural Review Permit application PLN2017-56 to allow an addition
to an existing single-family residence located on the Subject Property, herein after referred to as the
"Project";
WHEREAS; pursuant to Campbell Municipal Code Sec. 21.42.070, in approving such
applications, the Community Development Director may impose reasonable and necessary
conditions to carry out the intent of the Zoning Code and the General Plan; and
WHEREAS; the Community Development Director approved the Project subject to
Condition of Approval No. 4 requiring that Owner(s) record a deed restriction stipulating that no
part of the residence shall be rented or leased as a separate living unit nor shall any part of the
residence be rented or leased for durations of less than thirty (30) days, including short-term rentals
(as defined by the California Government Code) such as those offered through platforms including
but not limited to Airbnb and VRBO;
NOW, THEREFORE, in consideration of the benefits bestowed on the Subject Property by
the approval of the Project, Owner(s) hereby declares, covenants, and agrees as follows:
1. The terms, covenants, conditions and restrictions set forth herein are:
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FORA RESIDENTIAL ADDITION
a. The single-family residence shall be maintained at all times as a single dwelling unit.
b. No part of the residence shall be rented or leased as a separate living unit.
For the purposes of this instrument, the terms "dwelling unit" and "living unit" shall
have the same meaning and purpose as provided for in Campbell Municipal Code
Ch. 21.72.
c. No part of the residence shall be rented or leased for durations of less than thirty (30)
days, including short-term rentals (as defined by the California Government Code) such
as those offered through platforms including but not limited to Airbnb and VRBO.
2. Violation of the above terms, covenants, conditions, and restrictions shall constitute a
violation of the Campbell Municipal Code.
Owner(s) 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(s) 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;
?. 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.
OWNER: G N OWNER:
~~ w~.G~IUI ~ C
NAME
DATE
0 5' />,
NAME (PRINT)
SIGNATURE
DATE
NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATOR(IES) MUST BE ATTACHED.