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HomeMy WebLinkAboutCity Council Resolution 02-089RESOLUTION NO. 02-089 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONSENTING TO AN AMENDMENT TO THE SARATOGA PARKSIDE ENABLING DECLARATION ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP WHEREAS, the City of Saratoga approved a use permit for the Saratoga Parkside planned development by Planning Commission Resolution UP-353(a)-1 on October 24, 1979 upon several conditions including a requirement that the covenants, conditions, and restrictions (CC~stRs) for the project include for at least 20 years a restriction requiring at least one family member residing in each dwelling unit to be at least 55 years of age. WHEREAS, the Saratoga Parkside Enabling Declaration Establishing a Plan for Condominium Ownership was initially recorded on November 24, 1980. It included and has continued to include the following provision: Residents shall be limited as follows: At least one owner/resident of each unit must be fifty-five (55) years of age or older. In the event that a unit is rented out, at least one of the tenants who sign the rental agreement and who is obligated thereunder and who resides in the unit shall be fifty-five (55) years of age or older. Age shall be established by presentation of a birth certificate and shall be determined as of the date of occupancy of the unit by the owner or tenant. This Section may not be amended without the consent of the City of Saratoga. WHEREAS, the Saratoga Parkside Homeowners Association has requested that the City consent to removal of the foregoing provision in light of the fact that the restriction has been in effect for more than the 20 years required by the use permit. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga does hereby consent to an amendment to the Saratoga Parkside Enabling Declaration Establishing a Plan for Condominium Ownership to remove the provision quoted above requiring at least one family member residing in each dwelling unit to be at least 55 years of age The foregoing resolution was adopted by the following vote on the 4`~ day of December, 2002. AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit NOES: None ABSENT: None ABSTAIN: None .:--- , Ca e B Clerk Nick Streit, Mayor