Deed Restriction - 2002Recording Requested By:
City of Campbell
When Recorded Mail To:
City Clerk
City of Campbell
70 N. First Street
Campbell, CA. 95008
For the Benefit of
City of Campbell
Recorded Free
Gov. Code Sec. 27383
DOCUMENT: 16268386
~00162~8~86~
Titles:l / Pages: 4
Fees .... * No Fees
Taxes..·
Copies.. 7.00
AMT PAID 7.00
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE m 006
5/16/2002
1:13 PM
(Space above this line for Recorder's Use)
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR AN ACCESSORY STRUCTURE
· /~
This Declaration is executed and delivered as of the //fiJ day of /qT~O/ ,
2002, by ~ff l L, ffo ~ ~.[Z/4 ~£/~/' ~/ ~/vf~¢/ ,,~ ~-~/~ , having an address at
/~ ~' o ' /3 ~rv~'~7/x2-~ ~ O.,,~,./9 c:/0mq'/:~tX. Fg7 ,(who is hereinafter referred to as
"Owher"), 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, Owner is the sole owner in fee of certain real property commonly known as
~(~2 l~[4 ggOlY,~4 Rt9 . (street address), Campbell, California (Santa Clara
County Assessor's Parcel Number .Z/O g/.~ 00 q ), 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 ;z.{ g.~-'/0 ~ , the Owner submitted application number
3003. -- 00~ ~71 for a Building Permit, which among other things seeks approval for the
construction of an accessory structure (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 accessory structure;
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:
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:
o
o
o
a. The accessory structure shall not be utilized for living or sleeping
purposes.
b. Any appliance(s) for cooking or heating food or beverages, such as a
stove, oven, microwave, toaster, or hot plate, shall be not be installed
(either temporarily or permanently) or utilized in the accessory structure.
c. At least one covered parking space measuring ten feet wide and twenty
feet deep accessible to an automobile within the garage or carport shall be
provided as required by Chapter 21.50 Parking and Loading of the City
Zoning Code.
Violations of these restrictions shall constitute a violation of the City's Zoning
Ordinance.
Owner shall indemnify, defend and hold harmless the City and the City of Campbell
Redevelopment Agency, 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 or City of
Campbell Redevelopment Agency;
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;
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;
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.
IN WITNESS THEREOF, Owner has executed this Declaration as of the first date set
forth above.
Nota ized Signature Required
PLEASE SEE ATTACHED CURRENT
CALIFORNIA NOTARY FORM
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California '~
County of ;~;I.~:;~ ~.¢'~:3~~ ss.
On ~~ ~ ~beforeme,~~ ~~~ ~~ ~
/ Date ~ Na~ and ~tle of Officer ~e,g., "Jane ~, No~ Pub~") ~
persona y appeared ~//~ ~ ~~ ~; ~ ~~ ~ '
' Name(s) o Sgner(s) ~ J ~ ~
KAREN ARMSTRONG
NOTARY PUBLIC- CALIFORNIA
COMMISSION ~ 1308794
SANTA C~RA COUNW
My Commission Exp. June 12, 2005
[] personally known to me
"~'~roved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s),,~re
subscribed to the within instrument and
acknowledged to me that I;~s,I;~-~hey executed
the same in ~heir authorized
capacity(les), and that by J;~'/l'~f/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Wl__TN/~'ny hand '~
Signature of Notary Publ~
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: b~'~ I~ V'~'-'I O r~ ~ C~ ~' ~ ~, ~~
Document Date: ~ ~ ~/ ~ ~ Numberof Pages:
Signer(s) Other Than Named Above: ~ ~ ~ ~ ~ ~ ~
Capaoi~ies) Claimed by Signer
Signer's Name.'~..,.~
[] Individual
[] Corporate Officer -- Title(s): ~.~,
~~tnse rvatoPartner --~
[] Other:
Signer Is Representing:.
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Prod. No. 5907Reorder: Call Toll-Free 1-800-876-6827
RECORDING REQUESTED BY:
City of Campbell
RETURN COPY TO:
City of Campbell
Community Development Department
70 N. First Street
Campbell, CA 95008
DOCUMENT: 16123189
,~0016123189~
Titles:l / Pages
Fees 7 00
Taxes
Copies 4 00
AMT PAID II 00
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Own e r
RDE ~ 001
2/25/2002
9:49 AH
Space Above Tiffs Line For Recorder's Use
DEED RESTRICTION
As a condition of a building permit for an accessory building, by the City of Campbell, allowing the Owner(s)
of the real property located at 1360 Burrows Road. Campbell, California, Assessor Parcel Number APN:406-
16-004, to construct and maintain an accessory building on the property., the following Deed Restriction is
placed on the property through Recordation of this document.
Occupancy Restriction
The following Occupancy Restriction is set forth:
Accessory building: Said use of the accessory building is restricted to recreational and/or
storage purposes and shall not contain living or sleeping quarters.
Zoning Restriction: The zoning of this property is R-l-10(Single family residential). Based
upon the current lot size. a maximum of one dwelling unit is permitted. The accessory.
building is incidental to the main residence of the property and shall not constitute a separate
living quarters.
Property Owner //~// ~ Date fi'~"-d~'~ /-q/-'~ dP.p_.....
- ./
Property Owner ~/~/.-d~¢/ ./g o o
~ ~5"/'1 CCI Date
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
O the /'/(__day of ~:.¢-'~/. gz.,t..gt,/~. ~::~ before me. the undersigned, a Notary Public in and for the State.
personally appeared ~,~',.¢ ~--~-..t.~ --,. ..... - .... k ...........
~ - v ,,,: .............(or proved to me on the bas~s of
satisfactory evidenceJA'o be the l~rson~"whos¢ name(~s,~'is/,a~ subscribed to the within instrument and acknowledged to me
that he/~xecuted the same in his/h.erJA4~ authorized capacityd~,~, and
instrument the personf, s4'or the entip,.' upon behalf of which the perso~4~cted thatexecutedbY his/,h,~ch~rthe instrument.Signature~ on the
/'
LORNA K. ROACH
NOT^~Y PUBUC-CAUFOR~IA
COMMISSION · 1294264
SANTA C~ COUNW
February 11,2002
CITY OF CAMPBELL
Community Development Department - Current Planning
Kelley Guasticci
1360 Burrows Road
Campbell, CA 95008
RE: Building Permit No. BLD2002-00071 - Addition to Garage
Dear Mr. Guasticci:
The Planning Division has reviewed your submittal for an addition to the existing garage at 1360
Burrows Road. There are a number of issues that need to be addressed prior to issuance of the
Building Permit:
The garage has been built not in compliance with the approved plans and has not received a
final building inspection. The roof pitch is steeper, a dormer and skylight have been added
and exceeds the maximum height limit. Accessory buildings are limited to a height of 14
feet (CMC 21.08.020).
2. The structure must be reduced to a maximum of 1,000 square feet (CMC 21.08.020).
3. The second story may not have a permanent set of stairs. Attics may be accessed by a pull
down ladder.
The addition is architecturally incompatible with both the garage and main house. The roof
pitch is too shallow and the roof material is incompatible (STANP, Policy K - Site &
Architectural Review).
5. Remove the wall separating the work shop from the two car garage. Remove the door
leading from the bathroom to the workshop. Indicate a 2 inch waste line from the bathroom.
6. The plans are incomplete and need revisions prior to issuance of a Building Permit. See the
marked up copy attached for your reference. Provide elevations at IA" scale.
7. Submit a certified copy of the recorded Deed Restriction limiting the structure to non-
habitable space.
Please contact me 408/866-2124 to discuss these issues.
Sin_c_erely, ~.~
Senior Planner
J:kPlan Check Letters\1360 Burrows Rd.doc
70 North First Street · Campbell, California 95008-1436 · TEL 408.866.2140 · VAX 408.866.8381 · 'r~o 408.866.2790