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File #: 20-1051    Version: 1 Name:
Type: Consent Calendar Status: Agenda Ready
File created: 10/20/2020 In control: Council and Authorities Concurrent Meeting
On agenda: 11/17/2020 Final action: 11/17/2020
Title: Amendment to the Covenants, Conditions and Restrictions for the Marriott Center Owners Association
Attachments: 1. Letter from Trainor Fairbrook, 2. First Amendment to Declaration of CC&Rs for Marriott Center, 3. Declaration of CC&Rs for Marriott Center, 4. POST MEETING MATERIAL
REPORT TO COUNCIL
SUBJECT
Title
Amendment to the Covenants, Conditions and Restrictions for the Marriott Center Owners Association

Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The City's subdivision ordinance, Santa Clara City Code (SCCC) Chapter 17.05, provides that the City shall review draft declarations of covenants, conditions and restrictions (CC&Rs) for proposed subdivisions. One common provision in such CC&Rs provides that if an owner's association subsequently proposes to amend its CC&Rs, the association must first file the amendment 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 1982 the City Council approved a subdivision for an industrial condominium development at 4701 Patrick Henry Drive known as the Great America Technology Park. The approved condominium subdivision included CC&Rs to govern specific activities of the future condominium owners, including use restrictions, architectural regulations, and membership voting rights.

DISCUSSION
City's subdivision ordinance, Santa Clara City Code (SCCC) Chapter 17.05, provides that the City shall review draft declarations of covenants, conditions and restrictions (CC&Rs) for proposed subdivisions. One common provision in such CC&Rs provides that if an owner's association subsequently proposes to amend its CC&Rs, the association must first file the amendment 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 1982 the City Council approved a subdivision for an industrial condominium development at 4701 Patrick Henry Drive known as the Great America Technology Park. The approved condominium subdivision included CC&Rs to govern specific activities of the future condominium...

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