Admin PD - 2005Date: June 6, 2006
From:
Tim J Haley, Associate Planner
Subject:
38 S. Fourth Street - Status of Historic Resource Remodel
On June 9, 2005 the Community Development Director approved an Administrative Planned
Development Permit to allow the remodel and addition to the residence at 38 S. Fourth Street.
The Historic Preservation Board reviewed a preliminary proposal of the addition and remodel of
this residence at its meeting of April 27, 2005. The remodel of this residence is nearing
completion.
The Historic Preservation Board made the following recommendations:
1. Consider alternative wall designs at the front of the property
2. Concern about massing as viewed from the street
3. Revised "clipped" roof design
4. Study front elevation to consider wall/window relationships
5. Consider revision to rear structure to more closely relate to style of front house
6. Look at chimney design
The applicant revised their plans in response to these comments. An alternative wall design was
approved by staff as a part of the Administrative Planned Development Permit that proposed a
stepped wall design accented with a brick course, curved wall elements and tile accents. The
property owner retained wrought fencing on the driveway gate and side yard pedestrian gate. The
wall design was patterned similar to an office use at 106 W. Campbell Avenue that is an older
residence that accommodates office uses at this time.
The desire of the property owner has been to create a Mediterranean style residence with
courtyard spaces around the residence. A significant amount of landscaping has been installed to
create comfortable outdoor spaces.
MEMORANDUM
To:
Corinne Shinn
ec. Asst., Community Development
Date:
From:
Subject:
Recorded documents
The following recorded document has been returned by the County Recorder's Office:
Original
1. Declaration of CC&R's for a Second Living Unit - 38 S. Fourth Street - Daniel
Sarkisian and Dawn Sarkisian
A copy of the above document is attached for your records. The original document has
been filed in the vault.
Attachment:
DOCUMENT: 18439636
Pages:
3
i
Recording Requested By:
City of Campbell
II 1111111111111
Fees. . " . No Fees
Taxes. . .
Copies. . 7.00
AMT PAID 7.00
When Recorded Mail To:
City Clerk
City of Campbell
70 N. First Street
Campbell, CA. 95008
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Ci ty
RDE # 003
6/24/2005
11 :07 AM
For the Benefit of
City of Campbell
Recorded Free
Gov. Code Sec. 27383
(Space above this line for Recorder's Use)
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR A SECOND LIVING UNIT
This Decl'f~~~l~lK,~uted and delivered as of the ;;'Lf ,/4 day o~ -:::s UtJ E: , 2005, by
~~\EL:::i =c."AwiJ ..5A-RK\SI A~ , havmg an address at
'::,91:==). PbOR.Tf\ STREFT CAM.Pf'f:.LL cA- (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, Owner is the sole owner in fee of certain real property commonly known as
3CZ 5. Fl> uR7J-I -sTR.EET . (street address), Campbell, California (Santa Clara County
Assessor's Parcel Number 3 j':). - Qf:> - o;}. 9 ), and more particularly described in
Exhibit A (Legal Description) attached hereto and made a part hereof (hereinafter referred to as the
"Subject Prope~y");
WHEREAS, on :3u.i0t::. 9 a.cc5, the Owner submitted application number
~ L~ QOO5- 'i.'1for a Building Permit, which among other things seeks approval for the
construction of a secondary living unit (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 secondary living unit;
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:
1. 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:
1
"
a. Not more than one dwelling unit on the Subject Property shall be rented or leased.
b. One of the two dwelling units on the Subject Property shall be Owner occupied at all
times.
Violations of these restrictions shall constitute a violation of the City's Zoning Ordinance.
3. Owner 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 Sq.bject 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 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;
7. 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:
~~hE..L- .5ARk\~\~~
~~b
SIGNA IUJlli ~
V7.'i 0 5
DATE I'
\
DATE
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On the ~ayof June 20~ before me, the undersigned, a Notary Public in and for the State,
personally appearedDRRil:~ e ~ Ba~ k~crA'i~i a~allY 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 hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s) or the
entity upon behalf of which the persons(s) acted executed the instrument. ~tj/ ~
~ ~'.1CA1Z ~~dofficialseal
ComrnlIIIon # 1527209
- -. Notary P\mIIc . CaIIfomIa Notary Public in and for said State
SaNa CIaIa CounIV
MvCcmm. ___New 16,
2
. .
Order Number: 7107-1602068
Page Number: 5
LEGAL DESCRIPTION
Real property in the City of Campbell, County of Santa Clara, State of California, described as
follows:
BEGINNING AT A POINT ON THE EASTERLY UNE OF FOURTH STREET, DISTANT THEREON 131
FEET SOUTHERLY FROM THE POINT OF INTERSECTION OF THE EASTERLY UNE OF FOURTH
STREET WITH THE SOUTHERLY UNE OF CAMPBELL AVENUE AS THE SAME ARE SHOWN UPON
THE MAP OF THE STROM SUBDMSION IN THE TOWN OF CAMPBELL OF RECORD IN THE
OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CAUFORNIA, IN BOOK "0" OF MAPS, PAGE 12, AND RUNNING THENCE SOUTHERLY ALONG THE
EASTERLY UNE OF FOURTH STREET, 75 FEET TO THE COMMON CORNER FOR LOTS 4 AND 5 IN
SAID STROM SUBDIVISION; THENCE EASTERLY ALONG THE DIVIDING UNE BETWEEN SAID
LOTS, 150 FEET; THENCE NORTHERLY ALONG THE DMDING UNE BETWEEN LOTS 4 AND 15
AND THE DMDING UNE BETWEEN LOTS 3 AND 12 OF SAID SUBDMSION, 75 FEET; THENCE
WESTERLY AND PARALLEL WITH NORTHERLY UNE OF SAID LOT 4, 150 FEET TO THE POINT
BEGINNING BEING ALL OF LOT 4 AND THE SOUTHERLY 20 FEET OF LOTS 1, 2, AND 3 AS
SHOWN UPON THE MAP OF SAID 5UB-DMSION AS HEREINABOVE REFERRED TO.
APN: 412-05-029
Cornerstone Title Company
-
--
BRUCE C. JolINSON ARC HIT E C T
80 ALICE AVENUE CAMPBELL, CA 9~008 408 · 'J79 · 89'J0
RECE~'JED
June 24, 2005
JUN 2 .4 Z005
CITY OF CAMPBELL
PLANNING DEPT.
Mr. Tim Haley, Planner
City of Campbell, CA
70 N. First Street
Campbell, CA 95008
SUBJECT: Front Wall Window Trim for
Remodel at 38 So. 4th Street
Sarkisian Project
Dear Tim:
Pursuant to our short meeting at the City yesterday, I am
herein providing you a written statement for you~files on
the above subject.
The photos I provided you represent the Owner's desire to
comply with the Historical Presvation Board's request to
maintain a matching wood trim assembly around the new windows.
You are welcome to visit the site when completed.
If you have any questions, please do not hesitate to call.
cc: Dan Sarkisian
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CITY OF CAMPBELL
Community Development Department
June 9, 2005
Mr. Dan Sarkisian
2159 Viseaya Circle
Campbell, CA 95008
Re: Administrative Planned Development Permit
File No.: PLN2005-43
38 Fourth Street
Dear Mr. Sarkisian:
The Community Development Director has conditionally approved your Administrative Planned
Development Permit application to allow a 1,065 square foot addition to an existing single-
family residence and the construction of a new garage and secondary living unit of 1,860 square
feet. Please see the attached approval with the Conditions of Approval from the Planning and
Building Divisions, the Public Works Department and the Fire Department.
Thank you for the opportunity to review theses plans. If you should have any questions
regarding this approval, please feel free to contact me at (408) 866-2144.
~~\\r
Tim J. Haley
Associate Planner
Encl: Administrative Planned Development Permit Approval/Conditions of Approval
cc: Geoff 1. Bradley, Senior Planner
Ed Arango, Associate Engineer
Bill Bruckart, Building Official
Ryan Rucker, Deputy Fire Marshall II
Bruce Johnson, Architect
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOO 408.866.2790
Attachment #1
FINDINGS FOR APPROVAL OF FILE NO. PLN2004-43
SITE ADDRESS:
APPLICANT:
DATE:
38 S. Fourth Street
Mr. Dan Sarkisian
June 9, 2004
Findings for approval of an Administrative Planned Development Permit to allow the
construction of a residential addition and garage and secondary living unit located at 38 S. Fourth
Street.
The Community Development Director finds as follows with regard to File No. PLN2004-43:
1. The development of the proposed project will result in a use that is consistent with the
General Plan land use designation of Low-Medium Density Residential.
2. The project will be consistent with the P-D (planned Development) zoning district with
approval of an Administrative Planned Development Permit.
3. The project site is located on the east side of Fourth Street just south of its intersection with
East Campbell Avenue. The project site is surrounded by commercial uses to the north and
west and residential uses to the east and south.
4. The required parking for the project site of four spaces is provided with the proposed three
cover spaces and three uncovered spaces.
5. The subject building is currently developed with a single story residence of 1,316 square feet
that is listed on Campbell's Historical Inventory List. The proposed project has been
reviewed and recommended for approval by the Historic Preservation Board.
6. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (New
Construction or Conversion of Small Structures) of the California Environmental Quality Act
(CEQA). .
Based upon the foregoing findings of fact, the Community Development Director further finds and
concludes that:
1. The proposed development will result in a more desirable environment and use of the land
than would be possible under any other zoning classification.
2. The development will be compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
3. The development will be compatible with the Zoning Code ofthe City.
Attachment #1
4. The development will not result in allowing more residential units than would be allowed by
other residential zoning districts, which are consistent with the General Plan designation of
the property.
5. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
6. The parking will adequately meet the demands generated by the change in use, and will not
be detrimental to the overall parking and circulation in the area.
7. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
8. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
9. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.