Bucknam Ave., 939Recording 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
Use)
25453606
Regina Alcomendras
Santa Clara County - Clerk-Recor
03/24/2023 01:01 PM
Titles: 1 Pages: 4
Fees: 1111.00
111.00
Taxes: 0
Total:
D
A RR 2 4. 2023
CITY CLERK'S OFFICE
mill K11145H F.1114"JEWk41I 111
(Space above this line for Recorder's
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR AN ACCESSORY DWELLING UNIT
This Declaration is executed and delivered as of the 201 day of March, 2023, by SOLIS MARCUS
AND ERICA TRUSTEE, having an address of 939 Bucknam Ave, CA 95008-5906, (who hereinafter shall
be 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:
WHEREAS; the Owner shall be the sole owner in fee of certain real property commonly known as
939 Bucknam Ave, Campbell, CA 95008 and more particularly described in Exhibit A (Santa Clara County
Assessor Map), attached hereto and made a part hereof, as Assessor Parcel Number 40607011 (hereinafter
referred to as the "Subject Property");
WHEREAS, on 181 October, 2021, Owner(s) submitted Building Permit application number BLD-
2021-1615 for approval of a(n) ATTACHED JUNIIOR ACCESSORY DWELLING UNIT (herein after
referred to as the "Project"); and
WHEREAS; Section 21.23.070(A) of the Campbell Municipal Code prohibits leases 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; and
WHEREAS; Section 21.23.070(C) of the Campbell Municipal Code states except as provided as for
by Government Code Section 65852.26, no subdivision of land or air rights, including creation of a stock
cooperative or similar common interest ownership arrangement shall be allowed where to do so would allow
the accessory dwelling unit or junior accessory dwelling unit to be sold or otherwise conveyed separate from
the primary dwelling unit; and
WHEREAS; Section 21.23.070(A) and (C) of the Campbell Municipal Code further requires the City
to require recordation of a deed restriction setting forth such subdivision/sales and lease restrictions on the
title of Subject Property; and
WHEREAS; Section 21.23.060(B) of the Campbell Municipal Code pertaining to Owner Occupancy
was removed and no longer requires the Owner to occupy the main dwelling or accessory dwelling unit when
an accessory dwelling unit is proposed.
NOW, THEREFORE, in consideration of the benefits bestowed on the Subject Property by the
approval of the building permit, the Owner hereby declares, covenants, and agrees as follows:
1. The terms. covenants, conditions. and restrictions set forth herein are:
r DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AN ACCESSORYDWELLINGUNIT
a. Leases 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, are prohibited.
b. Except as provided as for by Government Code Section 65852.26, no subdivision of land or
air rights, including creation of a stock cooperative or similar common interest ownership
arrangement shall be allowed where to do so would allow the accessory dwelling unit or
junior accessory dwelling unit to be sold or otherwise conveyed separate from the primary
dwelling unit.
2. Occupancy:
a. A property with a junior accessory dwelling unit shall be occupied by the property owner,
who shall reside in either the junior accessory dwelling unit or the primary dwelling unit.
b. The Owner shall fully comply with the accessory dwelling unit occupancy rules consistent
with the Campbell Municipal Code and/or any other applicable laws.
3. Violation of the above terms, covenants, conditions, and restrictions shall constitute a violation of the
Campbell Municipal Code.
4. Owner shall indemnify, defend and hold harmless the City, 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;
5. 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;
6. 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;
7. This Declaration may not be amended, modified, altered or changed unless in writing, in recordable
form, approved by City;
8. 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: OWNER:
�D.c cus Se'�S
N (PRINT) NAME (PRINT)
SIGNATURE SIGNATURE
DATE DATE
NOTARY ACKNOWLEDGMENT FOR ABOVE SIGNATOR(IES) MUST BE ATTACHED.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Santa Clara
On 20 2-,�S before me,
A. Boozer, Notary Public
(insert name and title of the officer)
personally appeared M U rcus so( --IS
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
:.. A. BOOZER
�- COMM. # 2315514
y NOTARY PUBLIC • CAUFORNIA CO,
`V.. SANTA WRA COUNTY '�
MY COMM. EXP. JANUARY 1Q �4 ,,
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O F F I C E O F C O U N T Y A S S E S S O R S A N T A C L A R A C 0 U N T Y, C A L I F 0 R N I A
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154-M-52 I Q C7 M OCT. a 97
z �_ LANRENCE E. STONE - ASSESSOR
13 > Cadastrd map for assessment purposes only.
i Compiled under R. § T. Code, Sec. 327.
ENe.:I- Roll Year 2022-2023