REPORT TO COUNCIL
SUBJECT
Title
Supplementary Declaration of Covenants, Conditions and Restrictions (CC&Rs) for the Catalina Townhomes [Council Pillar: Promote and Enhance Economic and Housing Development]
Report
BACKGROUND
The City's subdivision ordinance, Santa Clara City Code (SCCC) Chapter 17.05, and the Zoning Ordinance, SCCC Chapter 18.54, provide that the City shall review draft declarations of covenants, conditions and restrictions (CC&Rs) for proposed subdivisions. The Zoning Ordinance also provides that if a development subsequently proposes to amend its CC&Rs, the amendment must be filed with the City Council, which then has an opportunity to veto the proposed amendment. If the Council takes no action, the amendment automatically becomes effective, 60 days after filing.
In 2018, the City Council approved a Final Map for Phase 1 of the Catalina Residential Project located at 1375, 1385, and 1399 El Camino Real to allow the construction of 54 townhouse units, including 8 live-work units, with CC&Rs that were reviewed and approved by City staff. In 2019, the Council approved the Vesting Tentative Subdivision Map for Phase 2 of the Catalina Project, for an additional 39 townhomes, including 7 live-work units, directly adjacent to Phase 1, at 1433, 1453, 1483 and 1493 El Camino Real.
DISCUSSION
The CC&Rs for Phase 1 authorize the developer to annex Phase 2 into Phase 1, so that one condominium association will manage the entire development.
To allow this annexation to occur, it is necessary to address some minor variations in the conditions of approval between Phase 1 and Phase 2, such as a new requirement to submit a Transportation Demand Management plan and annual updates to the Director of Community Development. In order to comply with all of the conditions of approval for both phases, the Developer proposed executing the attached Supplemental Declaration, which amends the original CC&Rs.
As provided in SCCC Section 18.54.080(c)(2), the City Co...
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