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Home My WebLink About1489 '7-ken-se jt®?t4w 7D 7620172 f`ATRICIA DOWD '410 ? City Clerk �_ic5 > Ca1�° -4m T rJ 'OC� .� 72 C75 • "' C:1 RESOLUTION NO. 1489 1_ `' "` spa c, 26379 FREMONT ROAD LOS ALTOS HILLS,CALIFORNIA 94022 fr- —?u) A RESOLUTION' OF THE CITY COUNCIL OF THE CITY OF `THE` TO[ ' OF LOS ALTOS HILLS APPROVING A FURTHER "AMENDMENT TO nn DECLARATION IMPOSING CONDITIONS, COVENANTS, RESTRICTIONS, .. . EASEMENTS AND AGREEMENTS" UPON TRACT NO. 7187 , ENTITLED "MATADERO CREEK SUBDIVISION" , AND AUTHORIZING EXECUTION � -� AND RECORDATION THEREOF V ' RESOLVED, by the City Council of the City of the Town of Los Altos Hills, County of Santa Clara, State of California, that WHEREAS, the City of the Town of Los Altos Hills , which is acting as the subdivider of Tract No. 7187 , and previously examined and ' ' approved the Final Subdivision Map of Tract No. 7187 , and by Resolution ;► No. 1386 , adopted on October 7 , 1981, approved certain conditions , cove- nants and restrictions thereon; and WHEREAS, heretofore the City Council approved amendments to the conditions, covenants and restrictions for Tract No. 7187 by adoption of Resolution No. 1442 on June 16 , 1982 , and Resolution No. 1487 on September 15 , 1982 ; and ,%` WHEREAS, the City Council now desires to further amend said condi- * tions, covenants and restrictions for the mutual benefit of the City of the Town of Los Altos Hills and the individual future owners of lots therein in order to carry out the intent and purpose of the City Council; and WHEREAS, the City Council has considered and reviewed a Declaration setting forth the amendments to the conditions, covenants and restrictions proposed to be imposed, NOW, THEREFORE, IT IS HEREBY FOUND, ORDERED AND DETERMINED as follows : 1111 •• H 3 3 r"G E 5O6 1. The City Council of the City of the Town of Los Altos Hills hereby approves that certain "Third Amendment to Declaration Imposing Conditions, Covenants, Restrictions, Easements and Agreements" for Tract No. 7187, being the Matadero Creek Subdivision, a copy of which is attached hereto marked Exhibit "A" , and the City Council does hereby accept the aforesaid Declaration. 2 . The Mayor and City Clerk, on behalf of the City of the Town of Los Altos Hills be, andthey hereby, respectively, are ordered and directed to execute and attest the aforesaid Declaration. 3. The City Clerk be and she hereby is further ordered and directed to cause the aforesaid Declaration to be recorded in the Office of the Recorder of the County of Santa- Clara, State of California. REGULARLY passed and adopted this - 6th day of October, 1982. Mayor ATTEST: .S, -2- . 411 • H393 NCE 5 7 THIRD AMENDMENT TO DECLARATION IMPOSING CONDITIONS, COVENANTS, RESTRICTIONS, EASEMENTS AND AGREEMENTS This Declaration made and dated on the date hereinafter set forth by the City of the Town of Los Altos Hills, a Municipal Cor- poration, herein referred to as the "Town of Los Altos Hills" , or as "Town" , or as "Declarant" , WHEREAS, Declarant is the owner of that certain tract of land situated in the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows : ALL OF TRACT 7187 , Matadero Creek Subdivision, filed on February 4 , 1982 , in Book 496 of Maps , Page 6, 7 , 8 , 9 and 10, Santa Clara County Recorder; and WHEREAS, Declarant desires to further amend the Declaration Imposing Conditions, Covenants, Restrictions, Easements and Agree- ments recorded on April 6 , 1982 , with the Santa Clara County Recorder at Book G710 , Pages 574 through 586 , herein called "Declaration" , NOW, THEREFORE, Declarant, pursuant to Clause 27 of the above described Declaration hereby amends and modifies Clauses 1, 2 , 3 , 4 , 5, 11, 12, 16, 17 , 19, 22 , 23 and 24 , respectively, of the Declaration as follows : CLAUSE 1. USE AND IMPROVEMENT Clause 1 is amended to read as follows: "No use shall be made of any lot or plot except in connection with its use and improvement as the site and grounds of a private residence. " • • • H39n pa0E 50 8 CLAUSE 2. PUBLIC UTILITY EASEMENTS Clause 2 is amended to read as follows: "Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the re- corded plat. No buildings shall be placed upon such ease- ments or interference made with the free use of the same for the purposes intended. " CLAUSE 3. OPEN SPACE AND CONSERVATION EASEMENTS The opening paragraph under "Open Space Easements" and paragraph Nos. 1, 2 and 5 thereunder hereby are amended to read as follows: "Open space easements, as indicated upon the recorded map, belong to the owner of the property, but are to be reserved for the preservation of the land and private low recrea- tional use. The following are regulations for the allowed uses within these easements: 1. The public is allowed only along designated paths for bicycles, pedestrians and equestrians. The type and approximate location for the paths are shown on the recorded map. 2 . The owner may use easements for gardening, and for informal picnic and informal play areas. " "5. Poison oak may be cleared. No grading or removal of living trees and bushes is allowed. " The opening paragraph under "Conservation Easements" and paragraph Nos. 1, 2 and 4 thereunder hereby are amended to read as follows: "Conservation easements , as indicated upon the recorded map, belong to the owner of the property, but are to be reserved for the preservation of the land and private low recrea- tional use. The following are regulations for the allowed uses within these easements : 1. The public is allowed only along designated paths for bicycles , pedestrians and equestrians. The type and approximate location for the paths are shown on the recorded map. 2 . Private, low recreational use is allowed, but permanent structures such as swings are not allowed. " "4 . No grading or removal of living trees and bushes is allowed. " -2- 111 Ha93 509 CLAUSE 4. PATHS AND EMERGENCY ACCESS EASEMENTS The final sentence which reads as follows: "The undersigned, its successors and assigns, shall have the right to reserve anyadditional easements for said purposes in contracts of sale of deeds to any or all of the lots in the tract. " is hereby deleted and annulled. CLAUSE 5. LANDSCAPE EASEMENT Clause 5 is hereby amended to read as follows : "Landscape easements, as indicated on the recorded map, are intended to provide a transitional extension of natural vegetation from the open space and conservation easement without obstructing vistas . " CLAUSE 11. PRESERVATION OF VIEW The final sentence which reads as follows : "The Committee shall also be empowered to force the cutting, pruning or trimming of trees and shrubs existing at the time of the recordation of this Declaration in order to preserve the view from the principal residence of other lots in this tract " is hereby deleted and annulled. CLAUSE 12. PREVENTION OF NUISANCE Clause 12 is amended to read as follows: "No noxious or offensive activity, including any noxious sources of sound, light or odor shall be permitted upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighbor- hood. No lot or building thereon in this subdivision shall be used for the keeping or breeding of animals for commercial purposes . A reasonable and usual number of household pets and horses may be kept for the pleasure of the occupants of the premises, but the same shall not be kept in numbers or under conditions objectionable to other residences in the subdivision. No lot owner shall have more than two dogs over three months old. No lot owner shall have more than two horses per net acre, not to exceed four horses per lot. The keeping of other animals -3- • 110 • fi393 5.10 or fowl shall not be allowed unless a permit therefor has first been obtained from the Architectural Com- mittee provided for herein. Such permits may be revoked by the Committee at any time. All outbuildings used in connection with the keeping of animals shall be located on the rear of the respective lots and shall be adequately screened from any street. All questions of reasonableness or whether a nuisance does or does not exist in connection with the provisions of this Clause shall be decided by the Architectural Committee. The decision of the Committee shall be binding upon each and every lot owner in the subdivision. " CLAUSE 16 . CONTROL OF UNSIGHTLINESS Clause 16 is hereby retitled and amended to read as follows : "CLAUSE 16. CARE OF PROPERTIES All vacant lots in this subdivision shall at all times be kept free of rubbish and litter, and weeds and grass shall be disked or kept well mown. The yards and grounds in connection with all improved properties shall at all times be kept in a neat and sightly condition. " CLAUSE 17 . ARCHITECTURAL COMMITTEE The second sentence of subparagraph (b) is amended to read as follows: (b) When all lots within the tract have been built out, the City Council shall relinquish the right to appoint the Architectural Control Committee by an appropriate state- ment recorded in the Office of the County Recorder of Santa Clara County. " CLAUSE 19. APPLICATION The second sentence of subparagraph (a) is amended to read as follows : (a) Pursuant to the standards for Site Development within the Town, the following information must be included with the application. " -4- • '.. ,wl ,i' t'C '.. •. 411 • • . H393 NcE5fl CLAUSE 22. DESIGNREVIEW PRINCIPLES The second sentence of subparagraph 3 which reads as follows: "The natural site should determine the kind of form or activity upon it, rather than the desired form or activity determining the modification of the site" is hereby deleted and annulled. CLAUSE 23 . DESIGN REVIEW SPECIFIC DESIGN CRITERIA The third sentence of subparagraph 3 is amended to read as follows : "No exterior roof surface shall be colored with any color or material which is highly reflective of light and sun, and the exterior roof coloring and material on any pro- posed building to be constructed on any lot or plot in the subdivision shall be approved by the Architectural Committee. Solar collectors shall be permitted, but shall be subject to Architectural Committee approval as to aesthetic effect and location. " CLAUSE 24. DESIGN REVIEW SPECIFIC LOT DEVELOPMENT CRITERIA The table of maximum allowed development area for each lot appearing in subparagraph (a) is amended to read as follows : " (a) Lot No. Maximum Development Area (Sq. Ft. ) 1 11, 320 2 11,760 3 11, 920 4 12 ,240 5 8 ,380 6 8 ,820 7 9 ,340 8 8 ,280 9 9,220 10 9 ,500 11 7 ,580 12 9 , 920 13 10 ,140 14 9 , 860 15 12 , 360 16 12 , 980 17 13,900 18 13 ,400 19 12 ,720 20 7 ,900 -5- 1111 • • H393 P47:51.2 IN WITNESS WHEREOF, Declarant has executed this "Third Amendment to Declaration Imposing Conditions , Covenants, Restrictions, Easements and Agreements" on this 21st day of October , 1982 . CITY OF THE TOWN OF LOS ALTOS HILLS, a Municipal Corporation By Mayor Declarant ATTEST: -6-