HomeMy WebLinkAboutCity Council Resolution 2245 RESOLUTION NO. 2245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING AN AMENDMENT TO THE COVENANTS, CONDITIONS AND
RESTRICTIONS FOR TRACT ~6665, 5928 AND SDR-1426
WHEREAS, the City has approved certain Covenants, Conditions
and Restrictions for Tracts #6665, 5928 and SDR-1426 imposed upon
all lots within said Tracts and minor subdivision.
WHEREAS, said Covenants, Conditions and Restrictions may not
be amended without prior approval by the City; and
WHEREAS, said Covenants, Conditions and Restrictions
contained wording which restricted the amount of area that shall
be enclosed by fencing; and
WHEREAS, the developer of said tract and a property owner
within said tract wish to amend the CC & R's to allow Planning
Commission consideration of a variance for fencing that encloses
an area greater than 4,000 square feet,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Saratoga:
1. The Amendment to Section 10.06 of the Covenants,
Conditions, and Restrictions previously approved by the
City of Saratoga in connection with Tracts 6665, 5928
and SDR-1426 is hereby approved in the form of Exhibit
"A" attached hereto and made a part hereof.
2. The applicant shall submit to the City an endorsed copy
of the amendment to the CC & R's after the same has
been recorded.
I hereby certify the foregoing to be true, full and
correct copy of a resolution duly passed and adopted by the City
Council of the City of Saratoga, California, at a meeting thereof
held on the 19th day of June , 1985, by the following vote
of the members thereof:
AYES: Councilm~rsCallon, Clevenger, MoylesandMayor Fanelli
NOES: None
ABSENT: Councilmember H lava
ATTEST:
DEPUTY CIT
1
EXHIBIT "A"
· - DECLARATION OF AMENDMENT OF
COVENANTS, CONDITIONS AND RESTRICTIONS
SARATOGA HEIGHTS I
WHEREAS, on May 23, 1982, a Declaration of Covenants, Conditions
and Restrictions was recorded in the County of Santa Clara, State of
California, bearing document number 7307823.
WHEREAS, the declarant that owns 25 of the 37 lots in Saratoga
Heights I desires to amend a provision of the subject Declaration of
Covenants, Conditions and Restrictions for Saratoga Heights I in order
to comply with the directions of the Saratoga Planning Department and
obtain a variance with reference to fences, walls and hedges;
NOW, THEREFORE, the majority of the owners of all the property
in Saratoga Heights I, that being Parhas Corporation, a California
Corporation, amend the Declaration of Covenants, Conditions and
Restrictions for Saratoga Heights I at paragraph 10-06 to read as
follows:
"Fences, walls and hedges are permitted only if they comply with
the City of Saratoga's zoning regulations applicable to the district.
All such fences and walls shall be located so as not to enclose or
encompass an area in excess of four thousand (4,000) square feet
unless variance approval is granted by the City."
IN WITNESS WHEREOF, the undersigned, being an authorized corporate
officer, does execute this amendment on ~t~ ./-~,'f~" ,1985 at
San Jose, California. /
.qT"'KM~AS CORPORATION
By ~ .~ .. ~.A..~