00-105 Declaration of Restrictions, Daniel Greco
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO:
Dan Greco
22303 Regnart Road
Cupertino, CA 95014
DECLARATION OF RESTRICTIONS
This DECLARATION OF RESTRICTIONS made this 6t" day of September, 2000, by Mr. Daniel
Greco, hereinafter referred to as "declarant."
WHEREAS, Declarant is the owner of certain real property located in the City of Cupertino,
County of Santa Clara, California, more particularly described as follows:
• APN 366-02-043 (Assessor Parcel Map attached as Exhibit A.)
• Said property is located at 22303 Regnart Road, Cupertino, California 95014
WHEREAS, Declarant and/or persons acting on behalf of Declarant propose to construct a pool
house on an existing single-family lot; and
WHEREAS, Declarant proposes to include limitf;d food storage and preparation elements in said
pool house; and
WHEREAS, the pool house equals 1896 square feet, which exceeds the 640 square feet maximum
permitted for a second dwelling unit and therefore does not qualify as a second dwelling unit as
defined by Cupertino Municipal Code Chapter 1 ~>.84.
WHEREAS, accessory buildings with kitchens c,~n lead to violations of the RHS (Residential
Hillside, Slope Density Formula, Zoning District), if they are rented or leased.
WHEREAS, such occupancy would constitute a second dwelling unit on the property in violation
of Chapter 19.40 of the Cupertino Municipal Cocie, which limits uses in the RHS Zone to single
family dwellings.
WHEREAS, in this instance, the City of Cupertino has determined that limited food storage and
preparation elements (cabinets, counters, a small bar-type refrigerator located under the counter
and a sink) are allowed if the property owner agrees not to separately rent or lease the pool house
for any means of compensation.
NOW, THEREFORE, in consideration of, and subject to the terms and condition set forth above,
Declarant agrees as follows:
1) Declarant agrees that the pool house will not be rented or leased; and
' ~ 2) Declarant agrees to comply with all terms and conditions and restrictions set forth above;
and
3) Declarant hereby notices all future property owners of said conditions.
4) Declarant agrees to not modify, add or expand the limited food storage and preparation
beyond that illustrated in Exhibit B (building permit issued April 22, 1999) and attached
hereto, unless said modifications remove ;paid elements or otherwise comply with the
ordinances of the City of Cupertino in effect at the time of the modifications and are
approved with the issuance of a building hermit.
Declarant further agrees that this declaration is intended to be a covenant running with the land
and will bind and inure to the benefit of the heirs. personal representatives, successors and assigns
of each present and future owner of the real pro f:rty described herein.
Dated: ~- (T~ G
Declarant
G:planning/misc/greco deed restriction
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NODE:
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ARE. TO BE INSTALLED PER '
THEIR LISTINGS AND MFR'S
SPECIFICATIONS.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEIVT
State of California
County of Santa Clara
On September 6, 2000, before, me,
Roberta Ann Wolfe, Notary Public, personally appeared Dan
Greco, proved to me on the basis of satisfactory
evidE:nce to be the person whose name is subscribed
to the within instrument and acknowledged to me that
he executed the same in his authorized capacity and
that by his signature on the instrument the person, or
the ~:ntities upon behalf of which the person acted,
R06ERTAANN WOLFE executed the instrument.
,- Comm. No. 1147789 D
U NOTARY ~'LIBLIC -CALIFORNIA CA
~ ~`°~ sANrACL~aACOUNTY ~ WITtVE S my hand and official seal.
`~ ~~ My Commission Expires
July 21, 2001 f~
~^~ .
R E;rta Ann Wolfe, Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
^INDIVIDUAL
^CORPORATE OFFICER
^PARTNERS ^LIMITED
^GENERAL
^TRUSTEE(S)
^GUARDIAN/CONSERVATOR
^OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON OR ENTITY:
I Self
Two
NUMBER OF PAGES
September , 2000
DATE OF DOCUMENT
None
SIGNI.R(S) OTHER THAN NAMED ABOVE
DESCRIPTION OF ATTACHED DOCUMENT
Declaration of Restrictions
TITLE: OR TYPE OF DOCUMENT
ATTORNEY-IN-FACT