Admin PD - Res Garage - 2004MEMORANDUM
To: Corinne Shinn
Ec. Asst., Community Development Dept.
From: J Hemsley
e uty City Clerk
Date: ~1 ch 3, 2004
Subject: Recorded documents
The following recorded document has been returned by the County Recorder's Office:
Ori final
1. Declaration of Covenants, Conditions and Restrictions for an Accessory Structure
- 77 South Third Street -John Douglas Saunders
A copy of the above document is attached for your records. The original document has
been filed in the vault.
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
wN~~~~wii~i~ IM~F~
Pages 4
No Fees
BRENDA DAV[S
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE # 012
2/12/2004
156 PM
(Space above this line for Recorder's Use)
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR AN ACCESSORY STRUCTURE
~ I _
This Declaration is executed and delivered as of the ~i day of ~ t~ ~t
2004, by ~Oh~n - G. ~c,u.c~c-l_e,t -5 ,having an address at
~~ ~0~41--> ~~(~ s fwho 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
77 S .~~Vot ~~~e~ (street address), Campbell, California (Santa Clara
County Assessor's Parcel Number l1-(2 "~5 "QQ ), 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 ~~- D 0 ,the Owner submitted application number
`,~D(l-'Lro~l.j-~ for a Building ermit, 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:
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:
f,
:.~ ,~ }'a , ~~3
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.
3. 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;
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.
2
IN WITNESS THEREOF, Owner has executed this Declaration as of the first date set
forth above.
OWNER(S):
NAME (PRINT) --
`1c-7'1 ~ ~ . ~1 u~~le~5
SIGNATURE(S)
DATE a~ ~ l1 ~'~~~
Notarized Signature Required
PLEASE SEE ATTACHED
CURRENT CALIFORNIA
NOTARY FORM
February 3, 2004
Mr. Grant Andrews
5775 Herma Street
San Jose, CA 95123
Re: File No. PLN 2004-00001
77 S. Third Street
Planned Development Permit
Dear Mr. Andrews,
Thank you for your Planned Development Permit application submitted on January 09, 2004, for
the construction of a new detached garage and game room at 77 South Third Street. The subject
property is presently zoned P-D (Planned Development) and is designated as Low-Medium
Density Residential (6-13 units per gross acre) on the City's General Plan Land Use Map.
Your application has been conditional approved by the Community Development Director as a
Minor Modification and is subject to the attached Conditions of Approval.
Thank you for the opportunity to review these plans. Please do not hesitate to contact me at
(408) 866-2142 or by email at melindad@cit. o~pbell.com if you have any questions
regarding the conditions of approval.
Sincerely,
~~~~~~~-
Melinda M. Denis
Planner I
encl: Conditions of Approval for File No. PLN2003-124 & 125
Example Deed Restriction
Stamped Approved Plans (2 sets)
cc: Geoff Bradley, Senior Planner
Frank Mills, Senior Building Inspector
70 North First Street Campbell, California 95008-1 4 3 6 ~ ~re~ 408.8b6.2140 ~ rnx 408.871.5140 ~ ~rni~ 403.866.2790
CONDITIONS OF APPROVAL FOR FILE NO. PLN 2004-00001
SITE ADDRESS: 77 S. Third Street
APPLICANT: Mr. Grant Andrews
DATE: February 3, 2004
The applicant is hereby notified, as part of this application, that (s)he is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Where approval by the Director of Community Development, City
Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall
be for compliance with all applicable conditions of approval, adopted policies and guidelines,
ordinances, laws and regulations, and accepted engineering practices, for the items under review.
Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable
Codes or Ordinances of the City of Campbell and the State of California that pertain to this
development and are not herein specified:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted for a Minor Modification (PLN2004-00001) to allow
the construction of a new 960 square foot detached garage and game room on an existing
single-family residence on property located at 77 S. Third Street. The site, building, and
elevations shall substantially conform to the project plans prepared by Mr. Grant Andrews
and stamped approved on February 3, 2004, except as may be modified by the Conditions of
Approval herein.
2. Minor Modification Approval Permit Expiration: Within one year from the date of approval,
a building permit must be obtained and construction completed one year thereafter or the
Minor Modification approval shall be void.
3. Rear Yard Setback: The applicant shall provide a minimum 5'-6" setback from the detached
garage and game room to the rear property line.
4. Deed Restriction: The applicant shall record a deed restriction that stipulates that the
accessory building shall not be used as living or sleeping quarters. Proof of the recorded
document shall be submitted to the Planning Division prior to the issuance of building
permits.
5. Tree Protection Plan: Prior to issuance of building permits, the applicant shall submit a tree
protection plan in accordance with the City's Water Efficient Landscape Guidelines (WELS)
and the Tree Preservation Ordinance to indicate how the existing trees to be retained on site
will be protected during construction.
PLN 2004-00001 ~ 77 S. Tht, w Street Page 2
6. Property Maintenance: The property is to be maintained free of any combustible trash,
debris, and weeds until the time that actual construction commences. Any vacant existing
structures shall be secured, by having windows boarded up and doors sealed shut, or be
demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform
Fire Code.)
7. Fences: Any existing or new fencing shall comply with Section 21.59.090 of the Campbell
Municipal Code. Fencing along the property lines shall be replaced with a new fence at the
expense of the applicant, unless it is determined to be in good condition by the Community
Development Director.
8. Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving utility
companies.
9. Contractor Contact Information Posting: The project site shall be posted with the name and
contact number of the lead contractor in a location visible from the public street prior to the
issuance of building permits.
10. Construction Hours: Construction activities shall be limited to the hours of 8:00 a.m. to 5:00
p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays
and Holidays unless an exception is granted by the Building Official.
Building Division
7. Permits Required: A building permit application shall be required for the proposed structure.
The building permit shall include Electrical/Plumbing/Mechanical fees when such work is
part of the permit.
8. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
9. Size of Plans: The maximum size of construction plans submitted for building permits shall
be 24 inches by 36 inches.
10. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as appropriate. Site plan
shall also include site drainage details. Site address and parcel numbers shall also be clearly
called out. Site parking and path of travel to public sidewalks shall be detailed.
11. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
PLN 2004-00001 ~ 77 S. This w Street Page 3
12. Non-Point Source Pollution Control: The City of Campbell, standard Santa Clara Valley
Non-point Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet (size 24" by 36") is available at the Building Division
service counter.
13. Approvals Required: The project requires the following agency approvals prior to issuance
of the building permit:
a. Santa Clara County Fire Department (378-4010)
b. West Valley Sanitation District (378-2407)
c. School District:
i) Campbell Union School District (378-3405)
ii) Campbell Union High School District (371-0960)
iii) Moreland School District (379-1370)
iv) Cambrian School District (377-2103)
Note: To Determine your district, contact the offices identified above. Obtain the School
District payment form from the City Building Division, after the Division has approved
the building permit application.
14. Pacific Gas and Electric Company The applicant is advised to contact PG&E as early as
possible in the approval process. Service installations, changes and/or relocations may
require substantial scheduling time and can cause significant delays in the approval process.
The applicant should also consult with PG&E concerning utility easements, distribution pole
locations and required conductor clearances.
PUBLIC WORKS DEPARTMENT
No Conditions
COUNTY FIRE DEPARTMENT
No Conditions