HomeMy WebLinkAbout2000-09-18 City Council (20)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:SEPTEMBER 18, 2000 CMR:361:00
SUBJECT:REQUEST OF PROPERTY OWNERS OF PORTIONS OF TRACTS
1371 AND 1503 FOR CONSIDERATION OF SINGLE’ STORY
OVERLAY ZONING IN THE GARLAND NEIGHBORHOOD
REPORT IN BRIEF
A majority of the property owners of Tract 1371 and Tract 1503 have requested City
approval of a single story overlay zone in their portion of the Garland neighborhood. The
City adopted a single story overlay zone (S) as part of the Zoning Ordinance in 1992 and has
since applied the overlay to eight areas in the Walnut Grove, Green Meadows, Charleston
Meadows, Blossom Park, Barron Park, Meadow Park and Channing Park neighborhoods.
In the previous eight requests from neighbors, the City Council has initiated the zone change
process for subsequent review by the Planning and Transportation Commission and City
Council. This request from portions of Tracts 1371 and 1503 generally meets the four
criteria established by the ’City for applying the overlay zone to single family neighborhoods.
Survey results reported in the letter indicate strong neighborhood support (67 of 87 parcels,
or 77 percent) for the application of the single family overlay zone. Since then, two owners
have added their support and eight have retracted their support in writing. As of August 31,
2000, 61 owners (70 percent) were in support of the proposed overlay. The proposed
boundaries are logical and define an identifiable neighborhood..The homes within the
proposed boundary are similar in age (1950s), design (all are Eichler homes) and character
(86 of 87 homes are currently single story). The lots within the neighborhood are generally
moderate in size (79 percent are between 6,000 and 8,000 square feet). Consequently, staff
recommends that the Council refer consideration of a single story overlay zone to the
Planning and Transportation Commission.
CMR:361:00 Page 1 of 6
RECOMMENDATION
Staffrecommends that the City Council initiate and refer to the Planning and Transportation
Commission consideration of a single story overlay zone for the R-1 single family area in
portions of Tracts 1371 and 1503 as shown on the attached map (Attachment A).
BACKGROUND
On July 13, 1992, the City Council adopted a single story overlay zone (S) as part of the
Zoning Ordinance and applied the overlay to the Walnut Grove neighborhood (181 lots).
Subsequently, the overlay zone has been applied as follows:
Date Tract Neighborhood No. Lots
April 26, 1993 Green Meadows 185
January 21, 1997 795 Charleston Meadows 96
September 15, 1997 840 Charleston Meadows 61
November 17, 1997 709 Blossom Park 16
November 16, 1998 7i4 and portions Barron Park 20
of 4738
November 16, 1998 1722 and portions Meadow Park 75
of 1977
July 17, 2000 Channing Park I and II 57
The attached letter from the property owners of Tracts 1371 (1.9 lots) and 1503 (68 lots)
(Attachment B) requests application of the single story overlay zone to 87 of the 95 single
family parcels contained in these two tracts.
DISCUSSION
Application of Overlay Zone Guidelines
The Single Story Height Combining District (S) Overlay Zone Guidelines, adopted by the
City Council on December 14, 1992 (Attachment C), establish criteria to guide City staff and
decision makers in the consideration of zone change requests for application of the Single
Story Height Combining District (S). The Guidelines state that "for neighborhoods that
contain and have been developed consistent with a single story deed restriction, these
guidelines are to be treated with a greater degree of flexibility (than neighborhoods without
the restriction)." All of the 87 homes involved in this application have a single story deed
restriction (Attachment D). All 87 lots were originally developed with Eichler homes in the
1950s. None of the original homes have been torn down and replaced. Several homes have
been remodeled but still retain the original Eichler layout.
The subject application is evaluated using the following criteria:
CMR:361:00 Page 2 of 6
Level and Format of Owner Support: An application for an S overlay zone map
amendment should meet with "overwhelming" support by owners of the affected
property.
The application is accompanied by signed requests from 67 of the 87 properties
within Tracts 1371 and 1503. Since then, two owners have added their support and
eight have retracted their support in writing. As of August 31, 2000, 61 owners (70
percent) were in support of the proposed overlay (Attachment E). Because all 87 of
the homes within the neighborhood have been developed consistent with a single
story deed restriction, the S Overlay Guidelines stipulate that this criterion can be
treated with a greater degree of flexibility than neighborhoods without the restriction.
Regardless of the deed restriction, the 70 percent rate of support can be considered
overwhelming and the first criterion has been satisfied.
Appropriate Boundaries: An application for an S overlay zone map amendment
should be accompanied by a map indicating the address and location of those owners
who are co-applicants for the zoning request. Boundaries should define an
identifiable neighborhood.
The application is accompanied by a map showing addresses and locations of the co-
applicants. The map indicates an identifiable neighborhood in a roughly rectangular
shape that is easily defined by existing street patterns. All homes in the area front on
either Elsinore Drive, Elsinore Court, E1 Cajon Way, Blair Court or Greer Road. Four
lots in Tract 1371 have been excluded because of their location on North California
Avenue and four lots in Tract 1503 have been excluded because of their location on
Oregon Expressway. These locations on North California Avenue and Oregon
Expressway are adjacent to homes that do not share the same character as the Eichlers
and are outside the rectangular boundary formed by the majority of homes in these
two tracts. Therefore, the second criterion has been satisfied.
o Prevailing Single Story Character: An area proposed for an S overlay zone map
amendment should be of a prevailing single story character where the vast majority
of existing single homes are single story. It is desirable that homes be similar in age,
design, and character.
Of the 87 properties included in this application, 86 are currently single story (951
Blair Court is the only two story home within the proposed boundaries). All of the
87 homes have a single story deed restriction. All 87 homes were built by Eichler in
the 1950s and none have been tom down and replaced since then. The Eichler homes
are all of a similar age and character. Therefore, the third criterion has been satisfied.
CMR:361:00 Page 3 of 6
Moderate Lot Sizes: An area proposed for an S overlay zone map amendment should
be characterized by moderate lot sizes (7,000 to 8,000 square feet) with a generally
consistent lotting pattern.
Of the 87.lots, 47 are between 6,000 and 7,000 square feet and 22 are between 7,000
and 8,000 square feet. Of the remaining lots, ten are between 8,000 and 9,000 square
feet, six are between 9,000 and 10,000 square and two are larger than 10,000 square
feet. Staff believes that it is reasonable to consider the 6,000 to 7,000 square foot lots
as moderate in this case, because the single story guidelines provide for a greater
degree of flexibility for neighborhoods that contain and have been developed
consistent with a single story deed restriction, such as this neighborhood. Therefore,
69 of the 87 lots (79 percent) can be considered moderate in size. The neighborhood
has a consistent lotting pattern that is defined by five streets: Elsinore Drive, Elsinore
Court, E1 Cajon Way, Blair Court and Greer Road. Therefore, the fourth criterion can
be considered to be satisfied.
The subject application generally meets all four of the criteria established by the Single Story
Height Combining District (S) Overlay Zone Guidelines. City initiation of the zone change
process is recommended because the neighborhood created by Tracts 1371 and 1503 cannot
apply for the zone change without written authorization from each property owner. With
some property owners expressing opposition to the zone change and others not responding
to the neighborhood survey, it would not be realistic to expect the neighborhood to obtain the
necessary authorizations and file the zone change request for all 87 parcels. Therefore, it is
necessary for the City to initiate the zone change process if the overlay application is to be
considered.
Flood Zone Considerations
Portions of Tracts 1371 and 1503 are located within the 100-year flood zone. At its July 17,
2000 meeting, Council directed staffto research methods of taking into account increases in
house heights resulting from flood requirements. This direction was in conjunction with
action on the single story overlay for the De Soto Drive neighborhood. Staff is continuing
to research this issue and will prepare an analysis and recommendation prior to final action
on this request for a single story overlay which is tentatively scheduled for November 2000.
RESOURCE IMPACT
If the City initiates the requested zone change, fees normally associated with a zone change
application would not be charged.
POLICY IMPLICATIONS
The recommendation in this staff report is consistent with Palo Alto Comprehensive Plan
Goal L-3, Policy L-12, which calls for preserving the character of residential neighborhoods
CMR:361:00 Page 4 of 6
by encouraging new or remodeled structures to be compatible with the neighborhood and
adjoining structures.
ALTERNATIVES
The alternatives available to the City Council include:
1)
2)
Expand or contract the boundaries of the proposed overlay district; or
Deny the request to initiate consideration of a single story overlay zone for the Tract
1371 and 1503 neighborhood.
TIMELINE
If the Council elects to initiate this zoning application, staffrecommends that the application
be reviewed by the Planning and Transportation Commission at a public hearing in October.
Following Commission review, the application will return to the City Council for a public
hearing before the end of the year.
ENVIRONMENTAL REVIEW
Should the City Council initiate review of this application, an environmental assessment will
be conducted and will accompany the staff report to the Planning and Transportation
Commission.
ATTACHMENTS
A.Location Map
B.July 28, 2000 request from the property owners of portions of Tracts 1371 and 1503
for City approval of a single story overlay zone
C.Single Story Height Combining District (S) Overlay Zone Guidelines
D.Copy of tract deed restriction
E.Map of supporters in the area
PREPARED BY: Chandler Lee, Contract Planner
DEPARTMENT HEAD REVIEW:
CITY MANAGER APPROVAL:
Director of Planning and Community Environment
EMILY ~SON
Assistant City Manager
CMR:361:00 Page 5 of 6
CC:A1 Russell, 981 Elsinore Drive, Palo Alto, CA 94303
Philip Diether 959 Blair Court, Palo Alto, CA 94303
Marcia Edelstein, 924 Elsinore Drive, Palo Alto, CA 94303
Richard Griffiths, 961 Elsinore Drive, Palo Alto, CA 94303
Lea Nilsson, 972 Elsinore Court, Palo Alto, CA 94303
CMR:361:00 Page 6 of 6
Attachment A
The City of
Palo Alto
PLANN|NG D|VI~|ON
File No(s):
Proposal: Resident’s request that city
initiate a zone change to add a Single-
Story Overlay i.e., Zone Change from
R-1 to R-I(S)
d:\GloriaD\Artwork\Maps\StaffReports\ElsinoreSingleStoryOverlay.ai
Date: 8/8/2000
FROM : RUSSELL FAX NO. : 65084316T3 /ul. 31 2000 08:49AM P2
Attachment B
July 28, 2000
Planning Department
City of Palo Alto
250 Hamilton Avenue
Palo Alto, California 94301
Dear Sir:
We, the owners of homes in Tracts 1503 and 1371, are requesting a change in our zoning from
an R-1 to an R-1 (S) with this application for a single story "overlay". This zoning change will
be consistent with the existing CC & R’s for these Ebhler neighborhood properties which
restrict residences to a single story.
As of this date, we have gathere~l the support ol 77% of our neighbors. Sixty-seven (67) of the
eighty-seven (87) owners have endorsed this change.
We are submitting to you, the City of Palo Alto Planning Department, the following: a package of
Sixty seven (67) individually signed requests for a change of zoning; a list of these signers with
the owner’s names, addresses and lot square footage; a parcel map including both tracts 1503
and 1371’. and a copy of a packet of information which has been provided to each property owner
(which includes a listing of areas within the City of Palo Alto which have obtained the R-1S
Overlay Zoning, a map showing the residences included in this application, copies of the CC and
R’s for tracts 1503 and 1371, the signature form, a question and answer section regarding
single story overlays, and an additional section defining and describing the single story overlay
zone)
We have been in contact with Chandler-Lee, Consultant to the Planning Department, and have
informed him of the covenants limiting the residences to a single story for Tracts 1503 and
1371.
We hope, with this information, you will expedite this request.
Sincerely,
AI Russell, 981 Elsinore Drive, Palo Alto, CA 94303 (650) 813-137~,
Philip Diether, 959 Blair Court, Palo Alto, CA 94303 (650) 856-6092
Marcia Edelstein, 924 Elsinore Drive, Palo Alto. CA 94303 (650) 856-1242
Richard Griffiths, 961 Elsinore Drive, Palo Alto, CA 94303 (650) 856-0804
Edie Gelles, 992 I::1 Cajon Way, Palo Alto, CA 94303 (650) 858o1820
Attachment C
Sin=!e-Storv He,,iaht .Combinina District
Overlay_Zone Guidelines_
The follow~Dg guidelines are intended to guide City s~aff
and decisionmakers ~in £he consideration of zone change
requests for application of the Single-S~oqz Height
Combining District (S) overlay zone. For neighbor~o0ds in
which there are no single-story deed restrictions, or where
such restrictions exist yet have not been strictly adhered
to, applications are to be evaluated through more rigorous
use of these guidelines. However, for those neighborhoods
that contain and have been developed consistent with a
single-story deed restriction, these guidelines are.to be
treated with a greater degree of flexibility.
Level and Format of Owner SUPPOrt
An application for an (S).overlay zone map amendment
should meet with "overwhelming" support by owners of
’affected properties. .These owners must demonstrate,
by providing documentation that includes a~written
list of signatures, an understanding that they are co-
applicants in a zone map amendmen~ request.
2.ADDrooriate Boundarie~
An application for an (S) overlay zone map amendment
should be accompanied by a map indicating the address
location of those owners who are co-applicants for the
rezoning request. Boundaries which may correspond
with certain natural or man-made features (i.e.
roadways, waterways, tract boundaries, e~c.) should
define an identifiable neighborhood or deve!opment.
These boundaries will be recommended to the Planning
Commission and City Council by the City’s Zoning
Administrator.
Prevailinq. S.inqle-Story Character
An area proposed for an (S) overlay zone map amendment
should be of a prevailing single-story character where
the vast majority of existing homes are single-story,
thus limiting the number of structures rendered
.noncomplying by the (S) overlay. Neighborhoods
currently .subject to sihgle-s~ory deed restrictions
should be currently developed in a manner consistent
with those deed restrictions. Furthermore, it is
desirable that homes be similar in a~e, design and
Page
o
character, ensuring ~ha~ residents of an area proposed
for rezoning possess like ~desires for neighborhood
preservation and face common home remodelin~
constraints.
Moderate Lot Sizes
In order ~o maintain equitable property development
"rights "within an (S) overlay area compared to other
sites within the ~-i zone district, an area proposed
for an (S) overlay zone map ’amendment should be
characterized by moderate !or sizes with a generally
consistent lotting pattern. A moderate lot size is to
be defined as 7,000-8,000 square feet.
Page 2
DECEPTION O~ ~EST~ICTIONS, CONDITIONSCOVENANTS, CHARGES AND AGREEMENTS AFFE~TIhI3 THEREAL PROPERTY KNOWN ASGARLAHD PARK
WHICH IS SITUATE IN THE CITY OF PALO ALTOCOUNTY OF SANTA CLARA, STATE OF CALIFORNIA
Attachment D
OECLARATIOHmede end deled the 30th day of October, 1954, by Valley Title Company of Santa
WHEREAS, Valley Title Company of SenSe Clare County, the owner and eubdlvlder of a certeLntract of lend In the City of Pile Alto, County of SenSe Clare, SteLe of CeLlfornie~ shown uponthe ~ap entitled, "Trat No. 1371" which said ~ap woe flied for record In the office of theCounty Recorder of the County of SenSe Clare, State of California, on the 22nd day of October.
1954, In Book~3 of M~pe, It page 15.
WHEREAS. Valley Title Company of Santa Clare County, Is about to sell property shown on acidMap which it desires to subject to certain reetrlctIona, condltions~ covenants, end agreements
between~tt end the purchaeere of eeId property es hereinafter set forth:
NOW, THEREFORE, VeIley TttIe Company of Santa CLare County, decleree thee the property |hewnon laid ~ap Is held end shell be conveyed subject to restrictions, conditions, ovenants and agree-manta between it end the purcheeere of eeId property end their heirs, eucceaeore end assigns, elhereinafter set fo~tho
I. No Lot chili be used except fo~ =eeIdential purpo.ea. No building chill be erected, eltez-
ed, placed o= permitted to ~emeIn on any lot other thin one detached $IngJe-femIly dwelltng, n~ot~t~oexceed one eto~y in height end ¯ p~Ivete get. ge for not ~ore than two care. .
2, No building shell be erected, pilled o~ eJte=ed on any lot until the construction plansend specifications and ¯ plan showing the location of the structure have been appzoved by thee~chItectuzel ontrol cor~lttee ae to quality of work~nahip end mete~tele, hez=ony of exte~lldesign with extltlng =t=uctu~es, and el to location with respect to topography and flntlh ~zedeelevation. ’No fence o£ will IhalJ be e=ected, placed o= Iltezed on any lot nel~e~ to any streetthin the mln/~m building let back ILne u~ell similarly ~pp=oved. ~pxovll thai1 be II p=ovlded
3.The ground flOOr a~ee of the main etzucture, exclusive of one-leery open poehoe andgarageS,shell be not lose than 12OO equa~o feet fo~ e one-eto~y dwelZLngo
4. No building shall be e~ected on any building plot nea=e~ than 17 f;et to the front p~ope~tyline, no= nearer than 6 feet to any side lot line, except that the side line xeltzicttont do nottppLy to I detached go=age located on the sea= one-half (~2) of the lot.
5. No dwelling house shall" be e~ected upon ~ny lot o~ plot resulting f~om ~ea~=a~e~nt o~
~. ~ noxious o= offensive activity Ihall be’c~ted on upon any lot, nor =hlll anything bedone thereon ~Lch may be or become an annoya~e o~ n~la~e to the neLghbo=hood.
7. He structure of e te~o~ary character, t~stle~, bllemlnt~ tent. Ihack, Oa~lge, ba=n o=othe~ outbutld/~ ~h=11 be used on any lot at any time as ~ ~elldence elthe~ remedially o=pe=m~nentIy,
8. No fowl o= animals, othe~ than houeehold pets of the usual kind and tne reeeoneble number,shall be, o~ be euffared to be, kept or ~ntelned In said txlct.
9. Reltdente owning ox having p~ck-up t~ucke on the property herein described ~uet per~ slidpick-up t~ucks in the garage while seed t~ucks are on the premLeee.
’ 10. No dwellLng shall be erected or pieced on any lot hevIn9 e width of less than 59 feetthe minimum building setback ILne no~ shall any dwelling be erected or pieced on any lot having
11. Easements for Installation end maintenance of utilities end drlinege facilities arerole=red as shown on the race=dad plot and ever the rear five feet of seth lot.
12. The e=chltecturel ont~ol o~lttee Is ompoeed of Joseph L. Elchler, Edward P. Elchlerend Richard L. F.~chler~ A maJo~Lty o£ the ow, tree ~y deltgnlte a ~ep~esentat~ve to act fo=In the event of death o~ =esLgnetEon of any me~e~ o£ the o~Lttee the =emaLntn9 ml~e~lhave full autho=tty to designate a SUCCeSSes. NeLthe~ the me~e~s of the o.tree or tel designated=ep~esentattve shall be entitled to any o~ens=tlon £o= le~vLces pc=leased pu~lulnt to thts covenant.At any time the then =eco=d owners of ~ majority of the lots shill have the power through a duly¯ eco~ded ~Ltten Instrument to change the ~e=sh~p of the o.tree o~ to wLthd~w £~o~ theco.tree o~ ~elt~e to It any of Ltl powe~l a~ duties.
13. ~e ¢o~Lttee~l Ipp=oval o~ d~aapp~ovll ~l =e~t~ed Ln these ovenlntl shall bl ~n~ltlng. In the event the o~ttee~ o~ Its des~gnlted xep~esentltlve, fills to approve o~approve ~LthLn 30 days afte~ plans and spec~flcltlons hive been sub.teed to ~t~ o~ Ln any~{ no t~ ~o enjoin the ¢onst=uct/ons hll been ¢o~enced p~lo~ to the o.litton thereof,will not be ~e~l=ed a~ the =elated covenants shill be dee~d to have been fully o~1t~ ~tth.
persons 1~ u~e~ them £o= ¯ period of twenty-fLve yea~= f~om the date Shell ¢ovenlnts=eco~ded, else= ~ch time slid ovenlnts shall be lutoml~lcelly extended foe lU¢CIII~Vt
xe~o~ded ag~ee[~ to change said covenants ~n~ole o~ Ln pl~t.
15. Enforcement Ihill be by proceedings at law o~ in equity against any peasen o=vLoLltLn~ o= ~tte~tLn9 to violate any covenant e~the= to ~est~aLn violation o~ to ~ecove= damages.
16. ~nvllldatlon of any one o£ these covenants by Judgment o~ cou~t o~de~ shell In no way~ffect any of the other provLsLo~s ~Lch shell zem~Ln ~n full force a~ effect.
The breach o£ the foregoing ~estrtctlon= a~ covenants o~ any entry by reelon o£ luch breachthl~ not d~feet o~ render invalid the lfen of any ~ed of T~ult on ~aLd p=~mLtes but Ln the ca~eof foreclosure and sale thereunde=, the purcha=ez shall take title subject to Ill of sa~d
lone and onditions.
IN WITNESS ~HERBJF, the ~ndereLgned his executed end cosied this instrument the day and yearfleet ebove ~r~ltten.
VALLEY TITLE C~PANY OF SAh’TA CLARA COUNTY
B~ E. S. Gent Vice-P=eeident
By Clyde Edwards Secretary Treasurer
Acknowledged!October 30, 1954
Recerded~December 20, 1954
In Book 3037 of Official Records, page 357. Recordezta File He. 1036183.
DECLARATION OF RESTRICTIONS, CONDFfIONS,
COVENANTS, CHARGES AND AOP.EEMENTS AFFECTING THE
REAL PROPERTY KNOWN AS
TRACT 1503
WHICH IS SITUATE IN, THE CITY OF PALe ALTO,
COUNTY OF S?uNTA CLARA, STATE OF CALIPORNIA
BOOK 3166 PAGE 607
DECLARATION made and dated the Yah day of May, 1.o55 by VAlley Title Company of SanUt Clara County, a corporation.
WHEREAS, Valley Title Company of Santa Clara County, the owner and subdivider of a certain Uact of land in ~e City of Pale Alto, County of
Santa Clara, State of California, shown upon a map entitled, Tract No. 1503 which said Map was flied for record in the office of the County Recorder of
Santa Clara County, California, on the 3’rd day of May, 1955 in Book 57 of Maps, at page 7,
WHEREAS, Valley Title Company of Santa Clara County, is about to sell property shown on ~sid Map which it desires to subject to re.slrictions,
conditions, covenants, and agreements between it and the ptuchasers as hereinafter set forth:
NOW, THEREFOR.E, Valley Title Company of Santa Clan County, declares that the property sh6wa on said Map is held and shall be c4mveyed
subject to restrictions, covenants, and agreements between it and the purchasers of said property and theu heirs, successors and assigns, as herinatter set
follho
I. No lot shall be used except for residential purpose. No building shal! be erected, altered, placed or pt,~mitted to remain on any lot other than one
detached single family dw’elling, a e.~c~_~,e ~corv iF hei and a privaW garage for not more than two ~..~rs.
2. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of abe
structure have been approved by the architectural control committee as to quality ofworkmanshlp and materials, harmony of external design with existing
structures and as to location with respect to topography and fmish grade elevation. No fence or wall shall be exected,~lac.~d or altered on any lot nearer
to any ~treet ahan the minimum building set back line units similarly approved. Approval shall be as provided in Paragraph 14.
3. The ground floor area of the main structure, exclusive of one story open po~ches, and ganges, shall not be less th~ 1400 square feet for a one-
story dwelling.
4. No building shall be erected en any building plot nearer than 20 feet to the front street line, nor nearer than 6 feet to any side lot line, except that
the side Line restrictions do net apply to a detached garage located on th~ rear one-half (1/2) of the lot.
5. No dwelling house shall be erected upon any lot or plot resulting ~om re-arrangement or re~subdivisllon of original lots, as shown upon the
recorded Map of this subdivision.
6. No noxiou~ or offensive activity shall be carried on upon any lot, nor shall anything be done thereqn which may be or become an annoyance or
nuisance to the neighborhood.
7. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildint shall be used on any lot at any time as a
residence either temporarily or permanently>
8. No fowl or animals, other than household pets of the usual kind mid in a reasonable number, shall be, or be suffered to be, kept or maintained in
¯ ,,._..,
9. No trailers are to be parked in said tract where they are visible l~om the street.
10. No trucks are to be parked on the street or in the driveways of said tract, except delivery tru~ks or other truck~ parked temporarily for the service
of the residences.
11. No ~mmercia! signs of any kind, including "for sale" signs are to be displayed on the houses or lots in said tract.
12. No basketball standards or other sports apparatus are to be attached to the fronts of tesidence~ in ~aid t~ac£
13. The arckitectutai control committee is composed ofJ.L Eichler, Edward Eidd~, end Richard Eichler. A majority of the committee may
designate a representative to act for it. In the event of death or resignation of any member of the committee ~e remaining members shall have full
authority to designate a successor. Neither the members &rite committee"nor its desigtutted resprese~tative shaL! be entitled to any cow,lion for
services performed pursuant to this covenant. At any time the then record o~ners of a majority of the lots shall have the power throush a duly recorded
written instnunent to change the memberskip of the committee or to withdraw f~om the committee or restore tb it any of its powers and duties.
14. The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the commLqee, or its designated
representative, fails to approve or disapprove within 30 days al~er plans and specifications have been submitted to it, or in any event, if no ~uit to enjoin
the constructions has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have
been f~lly complied with.
15. These covenants are to run with the land and shall be binding on all partle~ arid allpersons claiming under them for a period o~twe~ty.five
years, fi’om the date these covenants are recorded, at~er which time said covenants shall be automatically extended for successive periods often years
unless an insrr~nent, signed by a majority of the then record ownecs of the lots, has been recorded agreeing to change said covenants in whole or in part.
16. Enforcement shall be by proceedings at law or in equity against any pe~son or persons violating or attempting to violate any covenants either to
restrain violation or to recover damages.
iT. Invalidation of any one of these covenants by judgement e~ court order shall in no way affect any of the provisions which shall re~mln in full
force and effect.
The breach of the forego~g restrictions and covenants or any entry by reason of such breach shall not defeat or render invalid the lien of any Deed of
Trust on said premises but in the case of forclosure and., ~le thereunder, *.he purchaser shall t~ke title subject to all of said re~trictiuns and conditions.
IN WFfNESS THEI~EOF, the undersigned ha.~ executed and sealed this instrument thd..day and year f~’~t above written.
VALLEY TITLE COMPANY OF SANTA CLARA COUNTY
By: un.re.adable President
By: Claudia ~dward,~Secretary
(Retyped by Phil Di~her from copy obtained from County Recorders Ot~ce ~une 13, 20(30.)
Attachment E
The City o~"
Palo A1 to
PLANNINO /)IVISION
File No(s):
Proposal: Resident’s request that city
initiate a zone change to add a Single-
Story Overlay i.e., Zone Change from
R-1 to R-I(S)
W Supporters ~Existing 2-Story
House
d:\Gloria D~rtwork\Maps\SiteLocationMaps\ElsinoreSingleStoryOvedaySupporters.ai