Plan Check/Covenant - 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: 16266327
~0016266Z27~
Titles:l / Pages:
Fees .... * No Fees
Taxes...
Copies..
AHT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE n 006
5/15/2002
1:07 PM
(Space above this line for Recorder's Use)
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR AN ACCESSORY STRUCTURE
This Declaration is executed and del}.vered as of the l~' 'r~, day of /HAY ,
2002, by ~Pr,,l~(..13'u~¢/d/]I[ n~, ~d~ .A~,~ ~ T~$r~ , having an a~dress at
~7~65 ~~O ~ ~ ~ ~¢,~A~, C~ ~o~ (who is hereinafter refe~ed to as
"Owner"), in favor of and for the benefit of the City of Campbell, having a business ad&ess of
70 North First Street, Campbell, California 95008 (hereinafter refe~ed to as "City").
WITNESSETH:
WHEREAS, Owner is the sole owner in fee of certain real property commonly known as
-lOCI ~R~4g~r' l..Ae4~ (street address), Campbell, Califomia (Santa Clara
County Assessor's Parcel Number t./0 ~g -O ~- O1~3 ), and more particularly
described in Exhibit A (Legal Description) attached hereto and made a part hereof (hereinafter
referred to as the "Subject Property");
WHEP£AS, on /q,P£t/ t, ff.4)0Z.. _, the Owner submitted application number
~t. D2OO2-,ggdv 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.
OWNER:
SIGNATJSRE
DATE
Notarized Signature Required
EXHIBIT "A"
Lot 14, as shown on that certain Map entitled "Tract No. 446 Oakhaven"
which Map was filed for record in the office of the recorder of the
County of santa Clara, State of California on November 17, 1947 in
Book 15 of Maps, at pages (S)iO & 11.
APN: 403-09-018
PROPERTY ADDRESS:
709 Margaret Lane, Campbell, CA 95008
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
country OF Santa Clara
Judith Ann Mart
On May 15, 2002 before me,
DATE
personally appeared,
Frank L. Burrell, III and Cynthia A. Bun'ell, Trustees
personally known to me (or 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 instnm~nt the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOT.,~&Y PUBUC SIONATURE
-- .COII~ EXP. JGL.Y 24, 28~4 '-'
OPTIONAL INFORMATION
THIS OPllONAL INI~ORMA"IION S~CTION IS NOT REbUIlt,ED BY LAW BUT MAY BE BEN~JqCIAL TO PEI~ONS R~L'YINO ON THIS NO?ARIZRD DOCUI~!NT.
Declaration of Covenants, Conditions and Restrictions for
Trn~£o~,aa'~OFDOC~w an Accessory Structure -
May 15, 2002 4
DATE OF DOCUMENT NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
SIONER'S NAM~
SIONBR'S NAME
CITY OF CAMPBELL
Community DcveIopmcnt Department - Current P~annin~
March 26, 2002
Frank Burrell
Swenson & Associates
470 Vandell Way, Suite A
Campbell, CA 95008
Re: Preliminary Building Permit Plan Check Comments
Addition to Existing Detached Garage
Dear Mr. Burrell:
The Planning Division has reviewed your preliminary building permit submittal for a
proposed addition of a recreation/dark room/pool house to an existing detached garage at 709
Margaret Lane.
The Community Development Director has reviewed your proposed plans and has determined
that the proposed bathroom and floor plan requires the recordation of a Deed Restriction
which includes the following restrictions and conditions:
1. The detached accessory structure shall not be utilized for living or sleeping quarters.
2. The installation of any appliances for cooking, such as a stove or oven, microwave, or
hot plate, shall be deemed the creation of a kitchen and therefore creation of an
additional separate dwelling unit as defined in Sections 21.08.020D and 21.02.015 of
the Campbell Municipal Code.
3. At least one covered parking space measuring ten feet wide and 20 feet deep
accessible to an automobile shall be maintained within the accessory structure.
The City's Building Official has determined that the proposed addition is classified as non-
habitable space which constitutes a U-! Occupancy. While there are no requirements for light,
heat, ventilation, or windows, the installation of items associated with habitable space, such as
carpets or MC or heating systems is not permitted.
The existing garage is a non-conforming building since it does not meet the current required
side yard setback. Section 21.64.060 of the City's Zoning Code stipulates that a structure that
fails to meet the current setback requirements may be added to in conformance with the
following criteria:
I. The building or structure was lawfully constructed;
2. The addition or enlargement is limited to the first floor;
3. The addition or enlargement does not decrease the existing setbacks;
4. Any upper story additions comply with the current setback requirements; and
North First 5trcct · (.'ampbc',l ('_alirorma ~5005 !43f) i!i 40~5 .%66 ~]J. I · :\~ ti)% <300 $3SI 71',D 4OS.366.2790
o
The decision maker of the site and architectural review of the addition or
enlargement finds that the addition or enlargement will not be detrimental to the
public health, safety or general welfare of persons residing in the neighborhood.
The proposed project entails the extension along existing building lines, which is only
permitted if the project meets all the criteria listed above. The Community Development
Director has determined that the proposed project does not meet criteria no. 1 and 5 listed
above. In addition to the lack of any record of building permits for the existing detached
garage, the proposed three-foot setback would be detrimental to the general welfare of
persons residing in the neighborhood because it would not provide an adequate buffer
between the proposed addition and the neighboring property. An adequate buffer is necessary
for neighbors to enjoy access to sunlight, air, privacy, and protection from noise, activities
and safety hazards.
The current setback requirement for accessory buildings, including private garages, contained
in the San Tomas Area Neighborhood Plan are based on the wall height. Provided that the
proposed wall height is less than nine feet from the natural grade to the plate height, the
proposed addition would require a five-foot setback from the northern property line.
The darkroom shall only be used for personal use and shall not be used for any activated
associated with a home-based business per Section 21.08.020 C (l(f)) of the City's Zoning
Code.
Please do not hesitate to contact me at (408) 866-2193 if you wish to discuss this project
further.
Sincerely,
Darcy Smith
Planner II
Cc: Frank Mills, Senior Building Inspector