Deed Restriction - 2003MEMORANDUM
To:
From:
Date:
Subject:
Sharon Fierro
it~y Development Director
sley
ity Clerk
3, 2003
Recorded documents
The following recorded document has been returned by the County Recorder's Office:
Original
1. Declaration of Covenants, Conditions and Restrictions for an Accessory Structure
- 600 Budd Avenue - APN: 404-26-001 - John Stanley Michalski
A copy of the above document is attached for your records. The original document has
been filed in the vault.
Attachment:
Recording 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: 16664660
~0016664660~
Titles:l
Fees ....
Taxes...
Copies..
AHT PAID
/ Pages:
19.00
9.00
28.00
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Recording Service
RDE # 011
12/05/2002
4:38 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 ~ day of ~5)_rc'~'- ,
2002, by ~o~ q"x~'~£ ~' "~///F.,~.~x 5R'/ , having an address at
_,L~ ~Z"~t.~')9,r~ -_~_,~ , ~'~-¢~q/~/;~q_J-/~' - (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:
WHEREAS, Ow, ner is the sole owner in fee of certain real property commonly known as
.~_ t.,/Z:lO2~'_ (street address), Campbell, California (Santa Clara
County Assessor's Parcel Number 'e~rd~ "e/'-,,7~-tgtg/ ), 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 <:~' ;..-~0"'" 0,~ , the Owner submitted application number
~/~_ ~,,l--/a~¥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 covLi~iants, 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, Owr/er has bxecuted this Declaration as of the first date set
forth above.
Notarized Signature Required
PLEASE SEE ATTACHEO
CURRENT CALIFORNIA
NOTARY FORM
LOT 28, AS SH0#N UPON THE NAP OF TRACT NOo 788 RESUBDI¥1SlON OF TRACT NO. 764
KATHRINE MANOR, WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON AUGUST 14, 1950
IN BOOK ~0 OF MAPS, PAGE 15.
SAVING AND EXCEPTING THEREFROM THE UNDERGROIJND WATER RIGHTS WITH NO RIGHTS TO
WATER ENTRY, AS CONVEYED TO SAN JOSE WATER WORKS, A CORPORATION BY DEED
RECORDED OCTOeER 11 1950 IN BOOK 2072 OF OFFICIAL RECORDS, PAGE 51'/.
CITY oF CAMPBELL
Community Development Department - Current Planning
October 7, 2002
John Michalski
600 Budd Avenue
Campbell, CA 95008
Re: Building Permit Plan Check Comments - BLD2002-1064 - 600 Budd Avenue
Dear Mr. Michalski:
The Planning Division has reviewed your plan submittal for a new accessory structure
located at 600 Budd Avenue. Staff is unable to approve your plans because the proposed
structure includes a full bath (shower, sink and toilet) and a separate wet bar sink in the
main room. In addition, the required setback to the rear yard is not provided.
The City's Municipal Code Section 21.02.015 defines accessory building as a "detached,
subordinate building whose use is clearly incidental to that of the main building or to the
use of the land and which does not contain living or sleeping quarters or storage for
commercial motor vehicles in excess of a three-quarter-ton." The Community
Development Director has made the determination that full bathrooms (e.g. sink, toilet and
shower/bathtub) constitute living quarters and are therefore not permitted in accessory
buildings. The plumbing fixtures are limited to a sink, toilet, hot water heater, and washing
machine connection. Any type of living quarters, such as offices and recreational rooms,
are not permitted in accessory buildings. Your plans must be revised to eliminate the bar
sink and shower.
The City will require you to record a deed restriction to provide notice to existing and
future property owners of the restrictions placed on the accessory structure, including not
utilizing the structure for living or sleeping purposes and not installing or utilizing any
appliance(s) for cooking or heating food or beverages, such as a stove, oven, microwave,
toaster, or hot plate.
The San Tomas Area Neighborhood Plan requires accessory structures to provide side and
rear setbacks based on the wall height. The wall height is measured as the top of the plate
height for a hipped roof and the mean height level between the eave and the ridge for a
gabled roof with vertical continuation above the plate. Staff's calculation of the mean
height level of the rear gable end is 11'-10" which requires a rear yard setback of 9'-6".
7o North First Street · Campbell, California 95008-1436 . TEL 408.866.2140 · FaX 408.866.8381 · TDD 408.866.2790
Please do not hesitate to contact me at (408) 866-2193 if you wish to discuss this project
further.
Sincerely,
Darcy Smith
Planner 1I
Cc:
Enclosure:
Geoff Bradley, Senior Planner
Frank Mills, Senior Building Inspector
Darrell Lima, T&D Construction, 57 N. King Rd., San Jose, CA 95116
Accessory Structure Determination
Deed Restriction Form
' O~CH ~,0'
Community Development Department
Accessory Buildings in Residential Zoning Districts
The City's Municipal Code Section 21.02.015 defines accessory building as a "detached,
subordinate building whose use is clearly incidental to that of the main building or to the
use of the land and which does not contain living or sleeping quarters or storage for
commercial motor vehicles in excess of a three-quarter-ton."
The Community Development Director has made the determination that full bathrooms
(e.g. sink, toilet and shower/bathtub) and enclosed workshops with separate entrances
constitute living quarters and are therefore not permitted in accessory buildings.
Workshops with partial bathrooms that are accessible from the workshop must be open to
the garage area with at least a six foot opening. The plumbing fixtures are limited to a
sink, toilet, hot water heater, and washing machine connection; however, the washing
machine connection shall not be adjacent to the other water connections. Any type of
living quarters, such as offices and recreational rooms, are not permitted in accessory
buildings.
The City may require a deed restriction to provide notice to existing and future property
owners of the restrictions placed on the accessory structure, including not utilizing the
structure for living or sleeping purposes and not installing or utilizing any appliance(s)
for cooking or heating food or beverages, such as a stove, oven, microwave, toaster, or
hot plate.
In addition, the City's Building Official has determined that accessory structures are
classified as non-habitable space which constitutes a U-1 Occupancy. This type of
occupancy does not have specific requirements for light, heat, insulation, ventilation, or
windows.
~Effective July 16, 200~,~/.~,
Sharon Fierro
Community Development Director