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HomeMy WebLinkAboutSDP 13-04; Beachwalk at Juniper; Site Development Plan (SDP) (4)^ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carisbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Develooment Permits (FOR DEPT USE ONLY) Legislative Permits (FOR DEPT USE ONLY) • Administrative Pennit 1 1 General Plan Amendment Coastal Development Pemiit (*) IUl Minor 1 1 Local Coastal Program Amendment (*) • Conditional Use Permit (*) 1 1 Minor n Extension 1 1 Master Plan {Zl Amendment • Environmental Impact Assessment 1 1 Specific Plan O Amendment • Habitat Management Permit \Z\ Minor O Zone Change (*) • Hillside Development Permit (*) 1 1 Zone Code Amendment m Planned Development Permit HI Residential CH Non-Residential South Carlsbad Coastal Review Area Permits • Planned Industrial Permit 1 1 Review Permit 1 1 Administrative Cll Minor CD Major • Planning Commission Determination m Site Development Plan Village Review Area Permits • Special Use Permit 1 1 Review Permit 1 1 Administrative CH Minor CH Major m Tentative Tract Map/Parcel Map • Variance [B] Administrative Av/ (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 204-240-34-00 PROJECT NAME: Beachwalk at Juniper BRIEF DESCRIPTION OF PROJECT: 4 unit condo project on an 8,797 square foot lot in the R-3 zone and the RH general plan designation BRIEF LEGAL DESCRIPTION: The Southwesterly one-half of the Northwesterly one-half of Lot 4 Block 'R' of Palisades No. 2, City of Calsbad LOCATION OF PROJECT: ON THE: South 369 Juniper STREETADDRESS SIDE OF Juniper Avenue (NORTH, SOUTH, EAST, WEST) BETWEEN Garfield St. (NAME OF STREET) AND Nautical Drive (NAME OF STREET) (NAME OF STREET) pa/ /aj. p-1 Page 1 of 6 Revised 11/12 4 4 OWNER NAME (Print): 369 Juniper Acq., LLC APPLICANT NAME (Print); Vest Pacific Development, Inc. MAILINGADDRESS: 1818 1st Ave. Suite 100 MAILING ADDRESS; 1818 1st Ave. Suite 100 CITY, STATE, ZIP: San Diego ^ Cfi*- ^ZIO ( CITY, STATE, ZIP; San Diego , CA 1Z/6l TELEPHONE: 619-481-3830 ext 306 TELEPHONE; 619-481-3830 ext 306 EMAIL ADDRESS; gmcconnic@tcrgadvisors.eom EMAIL ADDRESS; gmccomic@tcrgadvisors.eom 1 CERTIFY TH^^JP^Koj^ LEGAL OWNER AND THAT ALL THE ABOVE INFORMAipiriS J^^AND CORRECT TO THE BEST OF MY 1 CERTIFY THAT LAM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALI^RE^OyqiNFORMATION IS TRUE AND CORRECT TO THE BES?^R^5^%JWLBt)GE. SIGNATURE DATE '&GNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Geoff McComic MAILING ADDRESS: 1818 First Avenue, Suite 100 CITY, STATE, ZIP; SanDiego^ ^ fi^ fSffffff ^2l0l TELEPHONE; 619-481-3830 ext 306 EMAIL ADDRESS; gmccomic@tcrgadvisors.eom 1 CERTIFY THAT 1 jM/l THE LEGAL REPRESENTATIVE OF THE APPLICANT AND IH^fr ALL TtlE'S|OVE INFORMATION IS TRUE AND C0RRECT^»3gB|g^^t>PW KpjOWLEDGE. SIGNATURE y DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICT!; RECORDED THE LANDi PERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING ROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH ORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED JUN 1 h 2013 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 11/12 DISCLOSURE Development Services STATEMENT planning Division P_ H/AX 1635 Faraday Avenue '\^/ (760)602-4610 www.carisbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Comnnission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity ofthe applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the Shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) / / / i-r Person a?!^ /loCo/^^ Coro/Part fjcti^ J^^^p^^^l Title Title Address Address /5/S A/t- S^/^ 2. OWNER (Not the owner's agent) ^ ^ 1 / Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person (2e^ /^o(^^< Corp/Part "T6f ^U^jfXr A^. , U^C Title Title l^^^J^ > -uj? Vfe.nlo^ ' ~ Address Address /g/g Ai/<i ^ 5^ P-1 (A) Paget of 2 Revised 07/10 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY p^on serving as an officer or director of the profit organization or as trustee orjierleficiary ofthe. Non Profit/Trust Non Profit/T rust Title Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? EZI Yes ,X No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that^ra^jm^haye information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date ^v^/ AQ(j. LLC l/e^-L i^ci& L)i{/t/op^p-^^ ZJ^C Print or type name of owner J Print or type name of applicant ' Jignature of owner/applicant's agent if applicable/date Print or type name of owffer/applica ler/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 Land Owner- 369 Juniper Acq.. LLC Gary Arthur Gorham 1800 Magnolia Tree Germantown, TN 38138 Members of VP Partners, LLC Robert Geoffrey McComic 3911 Liggett Drive San Diego, Ca. 92106 Brian Donohoe Schaffler 3671 Oakley Ave., Memphis, 38111 James Michael Carenza 3460 Marron Rd - 103, Suite 347 Oceanside, CA 92056 Robert Geoffrey McComic 3911 Liggett Drive San Diego, Ca. 92106 Michael John O'Connor 469 Capp St. San Francisco, CA 94110 Patricia Colleen O'Connor 4279 Corte de Sausalito San Diego, 92130 Timothy Patrick O'Connor 43 West24th, lib New York, NY 10010 Thomas Christopher McComic 10740 Oakbend Dr. San Diego, Ca, 92131 James Michael Carenza 3460 Marron Rd - 103, Suite 347 Oceanside, CA 92056 Porter Coleman Travis 11617 Regent St, Los Angeles, Ca. 90066. Thomas Christopher McComic 10740 Oakbend Dr. San Diego, Ca, 92131 Applicant- Vesta Pacific Development VP Partners, LLC 1818 1'' Ave. Suite 100 San Diego, Ca. 92101 PROJECT DESCRIPTION P-1(B) Development Services Planning Division 1635 FaradayAvenue (760) 602-4610 www.carisbadca.gov PROJECT NAME: APPLICANT NAME: VG-KJA f^Clf/C /kve(cy^ev/ Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: P-1(B) Page 1 of 1 Revised 07/10 Project Description: To subdivide an 8,797 square foot parcel located on the south side of the 300 block of Juniper Street into a 4 unit townhome condominium development; To demolish the existing abandoned wood frame residence; To develop the building site and site improvements per the site plan with precise grading and landscaping as proposed; To construct a new 8,217 square foot three story multi family structure with 4 two car garages. Three units will have 3 bedrooms and 3 baths and a two car garage. The fourth unit will be a 2 bedroom 2.5 bath unit with a two car tandem garage. All units will have private decks of at least 150 square feet. Three Units have a 60 square foot private deck and one unit has a 60+ square foot private patio. The project includes the provision of two onsite guest parking spaces including a van accessible handicap space. The project requires the approval of a Tentative Parcel Map, Planned Development Permit, Site Development Permit and a Coastal Development Permit. "Bc^M^vdcWc <5^^rXo:pv- ST>Vlh-04 ... (^JHI^OIS VARIANCE REQUEST The project includes a request for an administrative variance on the front setback for a portion of the structure from 10 to 5.1 feet. JUSTIFICATION FOR VARIANCE By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 1. Explain what special circumstances are applicable to the subject property, including size, shape, topography,iocation or surroundings, whereby the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification: The site is located at the eastern terminus of Juniper on the west side of the railroad line. Due to this location, a future cul-de-sac bulb is required. The right of way required by this cul-de-sac bulb encroaches into the northeast corner of the property substantially more than the standard street width right of way. Properties immediately adjacent to the west and north are not subject to this excess encroachment. While the variance is for an encroachment into the front setback, that encroachment is for less than 35% (14 feet) of the building plane facing the setback and only 18% of the entire lot frontage. The remaining 65% of the building plane has a setback greater than the required setback. 2. Explain why the granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone In which the subject property is located and is subject to any conditions necessary to assure compliance with this finding: The project meets all other development regulations for the zone. The project is consistent with uses and densities allowable under the code. The grant of the variance is well within the 75% allowable modification of distance or area regulations allowed under Section 21.51.020 of the code. 3. Explain why the granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property: The property is zone R-3 and designated RH. The project is a four unit residential project and residential use is authorized under the zoning and general plan. The density of the site is well below the maxim density allowable under the general plan. 4. Explain why the granting of the variance is consistent with the general purpose and intent of the General Plan and any applicable specific or Master Plans: The property is zoned R-3 with an RH designation. The property is .201 acres and thus the mid range allowable ((g 19 DU) is 3.84. Per Council Policy Statement 43 Item 8, this allows for 4 units. The project consists of 4 units and conforms to all other site development standards. Furthermore, the majority of the front setback is greater than the required setback. 5. If located within the coastal zone, explain why the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources. As the project conforms to all other zoning, GP regulations and other site development standards, it therefore conforms to the current LCP program. The granting of a variance for an encroachment that affects less than 19 percent of a street frontage not immediately adjacent to any sensitive coastal habitat or feature has no adverse impact on coastal resources. HAZARDOUS WASTE Development Services AND SUBSTANCES Planning Division STATEMENT (760) 602-4610 P-1(C) www.carisbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compiiance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. I I The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: .f^O^iC /V,V/g-4p/^Name: iSUN/pCiK AtCj. LL^ Address: /g/g A/^. <k lOd Address: hl% 1^A^l /QO Phone Number: A/^ 4?/ 1^36 Phone Number: ^ 3tSd Address of Site: Local Agency (City and County):_ Assessor's book, page, and parcel number: Specify list(s): Regulatory Identification Number: Date of List Applicant Signature/Date ( Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Pagel of 2 Revised 02/13 TIME LIMITS ON Development Services DISCRETIONARY Planning Division PROJECTS 1635 FaradayAvenue O j^gpj 602-4610 P-1(E) www.carlsbadca.gov PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date ofthe completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement orjA^ether all requirements are necessary for your particular application) please call (760) 6^ Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 CITY OF CARLSBAD TENTATIVE PARCEL MAP WAIVER OF PROCESSING TIME LIMITS P-1(F) Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carisbadca.gov Proposed Minor Subdivision No.:_ Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process tentative parcel maps. Per SMA Section 66451.1, this time limit may be extended by mutual consent of the applicant and the city to allow for concurrent processing of related approvals or an environmental review of the project. By accepting applications for tentative parcel maps concurrently with applications for other approvals that are prerequisites to the map (e.g.. Environmental Information Form, Environmental Impact Report, Condominium Permit, Planned Unit Development), the 50-day time limit is often exceeded. For the city to process a tentative parcel map application concurrently, the property owner or applicant must sign this agreement. If this agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to the map have been processed and approved. The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time restriction and hereby waives such time restriction for city planner action. Signature Print Name Date ' i Applicant / Id Signer is (check one) V ' '/ 1 QProperty Owner QApplicant Signature Print Name Date P-1(F) Rev. 04/13 'Eco^UjOo.lk- 3^A?p*r- SOP l^^otf ,.. b/H/2»l3 ^ CITY OF CARLSBAD TENTATIVE PARCEL MAP TENANT NOTIFICATION STATEMENT (Statement of Compliance with Subdivision Map Act Sect. 66427.1) P-1(G) Development Services Planning Division 1635 FaradayAvenue 760-602-4610 www.carisbadca.gov Proposed Minor Subdivision No.:_ t U^ve/ead I hereby cert notificati Ignature 'ead Subdivision Map Act Section 66427.1 (provided below) and that I will make all equired therein. Print Name Date •Applicant Signature •Property Owner Print Name Date ^J2 [Applicant Subdivision Map Act Section 6642)U (a) The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project, unless it finds as follows: (1) Each tenant ofthe proposed condominium, community apartment project, or stock cooperative project, and each person applying for the rental of a unit in the residential real property, has received or will have received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451). (2) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received or will receive each ofthe following notices: (A) Written notification, pursuant to Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a tentative map pursuant to Section 66452. (B) Ten days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final public report, and that the report will be available on request. (C) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate. (D) Written notification within 10 days after approval of a final map for the proposed conversion. (E) One hundred eighty days' written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to Section 66452.11, but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Sections 1941, 1941.1, and 1941.2 ofthe Civil Code. (F) Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Section 11018.2 of the Business and Professions Code, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her intention not to exercise the right. (b) The written notices to tenants required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) shall be deemed satisfied if those notices comply with the legal requirements for service by mail. (c) This section shall not diminish, limit or expand, other than as provided in this section, the authority of any city, county, or city and county to approve or disapprove condominium projects. (d) If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in that language. P-1(G) Pagel ofl Revised 11/12 Fidelity National Title Company AMENDED PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss -which may be sustained by reason ofany defect, lien or encumbrance not sho-wn or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks appUcable to the CLTA and ALTA Homeowner's Policies of Title Insurance -which establish a Deducfible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office -which issued this report This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms ofthe title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Countersigned by: jMfe (1^7 (W|^ y'/^ Authorized Signature Authorized Signature CLTA Preliminary Report Form - Modified (11/17/06) Page Fidelity National Title Company 1300 Dove Street, Suite 310, Newport Beach, CA 92660 Phone: (949) 622-5000-Fax: (949)221-4720 PRELIMINARY REPORT Amended Title Officer: Ranny Harper (BS) TO: TCRG Advisors 1818 First Avenue, Suite 100 San Diego, CA 92101 ATTN: .R. Geoffrey McComic YOUR REFERENCE: PROPERTY ADDRESS: 369 Juniper Avenue, Carlsbad, CA OrderNo.: 996-23017801-B-RHl EFFECTIVE DATE: December 26,2012 at 7:30 a.m. The form of policy or policies of title insurance contemplated by this report is: Subdivision Report 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: 369 Juniper Acq., LLC, a California limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. eh/jh 11/20/12 CLTA Preliminary Report Form - Modified (11/17/06) Page 2 PRELIMINARY REPORT Your Reference: Fidelity National Title Company OrderNo.: 996-23017801-B-RHl LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHWESTERLY ONE-HALF OF THE NORTHWESTERLY ONE-HALF OF LOT 4, BLOCK "R" OF PALISADES NO. 2, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 1803 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AUGUST 25,1924. APN: 204-240-34 CLTA Preliminary Report Form - Modified (11/17/06) Page 3 PRELIMINARY REPORT Your Reference: Fidelity National Title Company OrderNo.: 996-23017801-B-RHl AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2013-2014. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation Code of the State of Califomia. 3. Water rights, claims or title to water, whether or not disclosed by the public records. 4. Intentionally deleted. 5. Intentionally deleted. 6. Intentionally deleted. 7. Intentionally deleted. END OF ITEMS CLTA Preliminary Report Form - Modified (11/17/06) Page 4 PRELIMINARY REPORT Your Reference: Fidelity National Title Company OrderNo.: 996-23017801-B-RHl TO: BANK: NOTES WIRING INSTRUCTIONS FNT - Builder Services - Title Department 1300 Dove Street, Suite 310 Newport Beach, CA 92660 Wells Fargo Bank 420 Montgomery San Francisco, CA 94104 ROUTING NO: 121000248 ACCOUNT NO: 4123824971 PLEASE REFER TO OUR ORDER NO.: 996-23017801-B-RHl ESCROW OFFICER: Builder Services OAC TITLE ORDERNO.: 23017801-RH Note: Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Code Area: 204-240-34-00 2012-2013 $196.09 $196.09 09000 END OF NOTES f # Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Infonnation we receive from you through our Intemet websites, such as your name, address, email address, Intemet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information conceming your policy, premiums, payment history, information about your home or other real property, infonnation from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Infonnation (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; To an insurance regulatory authority, or a law enforcement or other govemmental authority, in a civil action, in connection with a subpoena or a govemmental investigation; To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policv is to maintain customers' Personal Information for no less than vour state's required record retention requirements for the purpose of handling future coverage claims. For your protection, ail requests made under this section must be in writing and must include vour notarized signature to establish vour identitv. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Privacy Policy Effective Date: 5/1/2008 t 9 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the Califomia Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transacfion involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Companv FNF Underwriter FNTC - Fidelity National Title Company FNTIC - Fidelity National Title Insurance Company FNTCCA -Fidelity National Title Company of Califomia Available Discounts CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (FNTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 or 36 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge. FEE REDUCTION SETTLEMENT PROGRAM (FNTC, FNTCCA and FNTIC) Eligible customers shall receive $20.00 reduction in their titie and/or escrow fees charged by the Company for each eligible transaction in accordance with the terms of the Final Judgments entered in The People of the State of California et al. v. Fidelity National Title Insurance Company et al, Sacramento Superior Court Case No. 99AS02793, and related cases. DISASTER LOANS (FNTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the govemment of the United States or the State of Califomia on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. CA Discount Notice EffectiveDate: 1-10-2010 Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in Califomia between May 19,1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is the subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you infonn the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provided the Company information conceming a prior transaction, the Company is required to determine if you qualify for a discount. Effective through November 1, 2014 t i ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Govemmental police power, and the existence or violation of any law or govemment regulation. This includes building and zoning ordinances and also laws and regulations conceming: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date—unless they appeared in the public records . • that result in no loss to you • that first affect your title after the Policy Date—this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A OR • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks 4. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. Attachment One (07/26/10) ATTACHMENT ONE (Continued) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY EXCLUSIONS FROM COVERAGE 1990 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: 5. (a) (b) (c) (d) (e) created, suffered, assumed or agreed to by the insured claimant; not known to the Company, not recorded in the public records at Date of Policy, but knovm to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; resuhing in no loss or damage to the insured claimant; attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for stteet improvements under constmction or completed at Date of Policy); or resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transacfion evidenced by the insured mortgage and is based upon usury or any consumer credit protection or trath in lending law. Any claim, which arises out of the transaction vesfing in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankraptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of PART I Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shovm by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restticting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect ofany violation of these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a nofice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for stteet improvements under constraction or completed at Date ofPolicy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent ovmer of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the ttansaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or trath in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the ttansaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankraptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential ttansfer except where the preferential ttansfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspecfion of the land or which may be asserted by persons in possession thereof Easements, liens or encumbrances, or claims thereof, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. Attachment One (07/26/10) (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Any lien or right to a lien for services, labor or material not shovm by the Public Records. ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE 1. The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attomeys' fees, or expenses that arise by reason of (a) Any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or govemmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in wrhing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceabilify of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part ofthe lien of the Insured Mortgage that arises out of the ttansaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or trath-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the ttansaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential ttansfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 2. 3. (b) EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company wil of not pay costs, attorneys' fees or expenses) that arise by reason 3. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shovm by the Public Records, (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) t ATTACHMENT ONE (CONTINUED) f FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE (b) (c) (d) (e) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restticting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of 1. Taxes or assessments which are not shown as existing liens 4. by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or 5. not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons 6. in possession thereof 3. Easements, liens or encumbrances, or claims thereof which are not shown by the public records. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; not knovm to the Company, not recorded in the public records at Date of Policy, but knovm to the insured claimant and not disclosed in wrifing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; resulting in no loss or damage to the insured claimant; attaching or created subsequent to Date ofPolicy; or resuhing in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankraptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent ttansfer; or (ii) the ttansaction creating the estate or interest insured by this policy being deemed a preferential fransfer except where the preferential transfer results from the failure: (a) to timely record the instrament of ttansfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or govemmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or Hmit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankraptcy, state insolvency, or similar creditors' rights laws, that the ttansaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential ttansfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of ttansfer in the Public Records that vests Title as shovm in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addifion to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company of 1. (a) Taxes or assessments that are not shovm as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shovm by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof not shovm by the Public Records. will not pay costs, attorneys' fees or expenses) that arise by reason 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shovm by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or excepttons in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attomeys' fees, and expenses resulting from: 1. Govemmental police power, and the existence or violation of any law or govemment regulation. This includes ordinances, laws and regulations conceming; a. building b. zoning c. Land use d. improvements on Land e. land division f environmental protecfion This Exclusion does not apply to violations or the enforcement of these matters if nofice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing stractures, or any part of them, to be constracted in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records. b. that are Knovm to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that resuh in no loss to You; or d. that first occur after the Policy Date—this does not limit the coverage described in Covered Risk 7, 8.d., 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in stteets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16, and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shovm in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability Covered Risk 14: l%of Policy Amount $10,000.00 or $2,500.00 (whichever is less) Covered Risk 15: Covered Risk 16; Covered Risk 18; 1% ofPolicy Amount or $5,000.00 (whichever is less) 1% of Policy Amount or $5,000.00 (whichever is less) 1% ofPolicy Amount or $2,500.00 (whichever is less) $25,000.00 $25,000.00 $5,000.00 Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addifion to the Exceptions in Schedule B, You are not insured against loss, costs, attomeys' fees, and expenses resulting from; 1. Govemmental police power, and the existence or violation of those portions of any law or govemment regulation conceming; a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing stractures, or any part of them, to be constracted in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks; that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date—^this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right; a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential ttansfer or as a fraudulent transfer or conveyance under federal bankraptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows; • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shovm in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows; Our Maximum Dollar Limit of Liability Your Deductible Amount Covered Risk 16; 1% ofPolicy Amount Shown in Schedule A $10,000.00 or $2,500.00 (whichever is less) Covered Risk 18; 1% ofPolicy Amount Shown in Schedule A $25,000.00 or $5,000.00 (whichever is less) Covered Risk 19; 1% of Policy Amount Shown in Schedule A $25,000.00 or $5,000.00 (whichever is less) Covered Risk 21; 1 % of Policy Amount Shown in Schedule A $5,000.00 or $2,500.00 (whichever is less) Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of; 1. (a) Any law, ordinance or govemmental regulation (including but not limited to zoning laws, ordinances, or regulations) restticting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmental regulations, except to the extent that notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date ofPolicy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy, (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records a Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters; (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Knovm to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof which arises out of the ttansaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or trath-in-lending law. 6. Real property taxes or assessments of any govemmental authority which become a lien on the Land subsequent to date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at; (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential stracture, or any portion thereof to have been constracted before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date ofPolicy. Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07/26/10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1. (a) Any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating, prohibhing or relafing to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision of iand; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or govemmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6,13(c), 13(d), 14 or 16. (b) Any govemmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), Hor 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters; (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Knovm to the Company, not recorded in the Public Records at Date of Policy, but Knovm to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17,18, 19, 20,21,22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or trath-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shovm in Schedule A is no longer the ovmer of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching subsequent to Date ofPolicy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential stracture, or any portion of it, to have been constracted before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modily or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankraptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent ttansfer, or (b) a preferential ttansfer for any reason not stated in Covered Risk 27(b) of this policy. Attachment One (07/26/10) 23017801-6743B4EA-7306-4EFF-9191-177BE9765A50.PRE •NJ > < lllll n-r'-m IIIIIIIMI 1 2 3 SCALE Ml/10 OF AH MCH I o 0.B6AC 0 0.87 AC BLK a CONDO PARK JUNIPEH ^ {SEE SHT 2) © 0 • -Trrr- @ Vl003 10 (?') (io) ® till _m ® s j@PA,- I t U-a.. ftp PM 7248 O.fll AC MIHU3 I CASA DF. LA PLAYA (3) (JSE 9H1 ?.) o.un AC 1BL.K 7 © ® © ® 0 a 9 10 II MTttOI MIV^ITT (ffl) (ay «8, 1 5^ LOT* in • •;4 ^nw" i» LOT 3 BLK R ® LU'I 1^1 LOT . (?g :! @ 5! @ BLK UJ 5 By 3» wfil 0 III MI009 ® MITI' ® N 4 6 3 W CONDO PM iz^^i DOCb2-3S7174 (SEE SHT 3) 2«C0NK) ^SEE SHT 3) CHRISTLE COVE DOC 94-158321 3»CONDO HEMJJCK CAHLSCIAD HOMEOWMERS A"i.SN DOC9g-3l2046 (SEE SHT3T GARriEi.i; /-_J CHtRRY •"" AVE. i nr, w*'.in.HAii.(nrti«.j;','t*Hr h?».rjtjOir.KH3lwJliIt B 1 /" . V,iiv .mill, ^nroaiii lilt wut.Mwu 'wpK'"•Sti'' I i-^-l m Itn Mi'iu vditi KitH :ipim.itt in IMII^HC fftndwicrs v^^/ 204-24 SHT ; OF 3 OLD 2/ OLD 2/ Sf tt SB ?io if Sum 71 fit' 240 S" Sum 79 W-J' c {4C Jf, «>^' /iWr SZ 1607. •9a- ^67 « . ; • •^ 'r t .. \ .ST. MAP 79ti 1 - CARLSBAD TCT NO 73-30 MAP 1803- PALISADES NO 2 - BLKS Qe.R MAP 1747-PALI5ADE:.S - BLKS N & 0 HOS 3234 ^ I • nr AtV P' !'! .MIT 1 'A .V OPERATING AGREEMENT OF 369 JUNIPER ACQ., LLC, a California limited liability company THIS OPERATING AGREEMENT OF 369 JUNIPER ACQ., LLC (this "Agreement") is dated for reference purposes only as of December 19, 2012 and is entered into by and among McCENZA HOLDINGS, LLC, a Delaware limited liability company ("McCenza"), 0' Connor Investment Group, LLC a California limited liability company ("O'Connor"), Brian Schaffler, an individual, Gary Gorham, an individual and Porter Travis, an individual as members (the "Members") of the Company, with reference to the following facts: A. 369 Juniper Acq., LLC, a California limited liability company (the "Company"), was formed on December 4, 2012 under the laws of the State of Califomia. Articles of Organization of the Company were filed with the Secretary of State of the State of California on December 4, 2012. B. The Members desire to enter into this Agreement for the purposes of acquiring, owning, financing, developing and selling of real property. ORGANIZATION. 1.1 Formation. On December 4, 2012, the Company was formed by the filing of the Articles of Organization of the Company (the "Articles") with the Secretary of State of Califomia in accordance with and pursuant to the Beverly-Killea Limited Liability Company Act, Califomia Corporations Code, Section 17000 et seq., as the same may be amended from time to time (the "Act"). 1.2 Name and Place of Business. The name of the Company shall be 369 Juniper Acq, LLC, a California limited liability company and its principal place of business shall be 1818 First Avenue, Suite 100, San Diego, CA 92101. 1.3 Business and Purpose of the Companv. The purpose of the Company is to (i) acquire that certain real property in San Diego County described on Exhibit "A" ("Property"), (ii) own, develop, build, market and sell the Property as . residences (which process shall be referred to herein as the "Project"), and (iii) engage in such other lawful activities relating to or incidental as are necessary to accomplish such purposes. 1.4 Term. The term of this Agreement shall commence on December 4, 2012 and shall continue until all of the Property is sold and all proceeds from the sale of the Property have been distributed to the Members in accordance with this Agreement. 1.5 Required Filings. The Manager is authorized to execute, acknowledge, file, record and/or publish such certificates and documents as may be required by this Agreement or by law in connection with the formation and operation of the Company. 1.6 Registered Office and Registered Agent. The Company's inifial registered office shall be 1818 First Avenue, Suite 100, San Diego, CA 92101, and its initial registered agent shall be R. Geoffrey McComic. 1.7 Members. The Company shall be owned by the Members in the percentages (each a "Percentage Interest") set forth opposite each of their names below, to wit: McCenza Holdings, LLC 50.00 % Brian Schaffler 24.390 % Gary Gorham 12.195 % Porter Travis 2.439 % O'Connor 10.976% 1.8 Membership Interest. Membership Interest is defined to mean a Member's rights in the Company, collectively, including the Member's economic interest, any right to vote or participate in management, to make Major Decisions (as defined herein), and any right to information conceming the business and affairs of the Company. Each Member's Membership Interest shall be equal to its Percentage Interest in the Company. CAPITALIZATION AND FINANCING. 2.1 Capital Contribution. 2.1.1 Initial Capital Contribution. On or before December 20, 2012, the Members shall make an inifial capital contribution (the "Inifial Capital Contributions") of Five Hundred and Two Thousand and no/100 Dollars ($502,000.00) as more particularly set forth on Exhibit "C" for the purpose of funding the initial acquisition costs and to pay for the development and sale of the Properties. 2.1.2 Addifional Capital Contribufions. (a) The Members may determine from time to time that additional capital is needed to enable the Company to conduct its business. On making such a determination, the Managing Member shall give notice to all Members in writing at least ten (10) days before the date on which such additional capital contribution ("Addifional Capital Contribution") is due. The Nofice shall set forth the amount of additional Capital Contribution needed, the purpose for which it is needed, and the date by which the Members shall contribute. Each Member shall be required to make an Additional Capital Contribution in an Page 2 amount that bears the same proportion to their Percentage Interest. No Member shall be obligated to make any Additional Contributions except as otherwise required by this Agreement and the law. No Member may voluntarily make any additional Capital Contribution. The capital accounts of the Members, and the calculations that are based on the capital accounts, shall be adjusted appropriately to reflect any transfer of an interest in the Company, distributions, or additional capital contributions. (b) The inifial Capital Contribution and any Additional Capital Contributions are all mandatory and it is critical to the operation of the Company that all Members make their required contributions. In the event any Member ("Defaulting Member") does not contribute the Capital required to be funded by that Member, the other Member who has made their required Capital contribufion(s) ("Non-Defaulting Member") shall have the right, but not the obligation to contribute the Capital which the Defaulting Member failed to contribute ("Default Capital") and after doing so shall give the Defaulfing Member written notice stating that in the event the Defaulting Member does not contribute the Capital required to be funded by that Member the other Member may contribute the amount due on behalf of the Defaulting Member. In case of such a contribution, the amount contributed shall be deemed a loan from the contributing Member to the Defaulting Member and such loan shall be paid in twelve (12) fully amortized monthly payments of principal and accrued interest at 12% per annum and secured by the Defaulting Member's interest in the Company. A Defaulting Member may retain its status as a Member as long as the Defaulting Member continues to make loan repayments when due, and as long as the Defaulting Member does not default on any other covenant within this Agreement. 2.1.3 The Initial Capital Contribufions and any Addifional Capital Contribution(s) shall collecfively be referred to as "Capital Contributions". 3. DISTRIBUTIONS. Ninety-five percent (95%) of all net proceeds generated from sale of the Lots or any other cash infiows to the Company, after payments made pursuant to the release provisions of any current loans and any other payments required by this Agreement, shall be distributed within five (5) business days of the closing of the sale of each individual Lot in accordance with this Section. The remaining five percent (5%) shall be funded to the Company to meet its operating needs. 3.1 First, all net proceeds shall be paid to the Members except McCenza as a preferenfial retum until such fime as an amount equal to eight percent (8%) on each Member except McCenza's Capital Contribufion has been paid; 3.2 Second, only after the Members except McCenza have received their eight percent (8%) preferential return, all remaining net proceeds shall be paid to the Members except McCenza to their respective Capital Contributions until such time as each Member's respective total cash Capital Contributions are fully returned; Page 3 3.3 Third, only after the Members McCenza have received their eight percent (8%) preferential return and each Member's respective total cash Capital Contributions are fully returned all net proceeds shall be paid to the McCenza as a preferential return until such time as an amount equal to eight percent (8%) on McCenza's Capital Contribution has been paid; 3.4 Fourth, only after the Members have received their eight percent (8%) preferential return and each Member except McCenza's respective total cash Capital Contributions are fully returned, all remaining net proceeds shall be paid to the McCenza to its Capital Contributions until such time as McCenza's total cash Capital Contributions are fully returned; 3.5 Thereafter, the remaining net proceeds (after providing sufflcient funds to remain in the Company for warranty and ongoing legal and accounting needs) shall be paid to each member based on their ownership percentage as outlined in Section 1.7 of the agreement. 4. ADDITIONAL PAYMENTS. 4.1 Builder Fee. The Company shall enter into a Construction Management Agreement with Vesta Pacific Development ("Vesta") for day-to-day construction management and general contractor services. Such agreement shall, among other things, provide for a fee to be paid to Vesta in an amount equal to three percent (3%) of project revenues. This fee shall be estimated and paid monthly. This fee shall not commence until such time as a construction loan is in place. This fee shall be evaluated quarterly and adjusted based on the updated proforma at that fime. The Members acknowledge and understand that Vesta is an affiliate of the Manager. 5. AUTHORITY. RESPONSIBILITIES, OF THE MANAGER. 5.1 Management. The Members of the Company hereby appoint R. Geoffrey McComic as the Manager of the Company. With the exception of Major Decisions, as defined below, or as otherwise set forth in this Agreement, the Manager shall have full and complete authority, power and discretion to manage and control the day-to-day business and affairs of the Company, to make all decisions regarding those matters and to perform any and all other acts or activities customary or incident to the management of the Company's business. 5.2 Manager's Authoritv. The Manager shall have all authority, rights and powers conferred by law and those required or appropriate to the management of the Company's normal and usual day-to-day business. Specifically, the Manager's authority shall include, with the exception of Major Decisions, the right, authority and power to cause the Company to: 5.2.1 Evaluate, investigate, prepare and submit offers/bids, and execute any and all documents required to acquire the Property and under such terms as approved by the Members (as Major Decisions) consistent with the Company's purpose. Page 4 5.2.2 Develop, construct, operate, market, sell, and otherwise manage the Project, all in accordance with the Project Proforma, as defined below; 5.2.3 Enter into such contracts and agreements as the Manager determines to be reasonably necessary or appropriate in connection with the Company's business and purpose, and any contract of insurance that the Manager deems necessary or appropriate for the protection of the Project. 5.2.4 Prepare or cause to be prepared quarterly reports, statements, pro formas, and other relevant information for distribution to Members; 5.2.5 Be responsible for Project accounting, which costs, together with all other reasonable out-of-pocket expenses incurred in connection with the performance of a Manager's duties and responsibilities under this Agreement, shall, so long as reflected in the project proforma approved by the Members (the "Project Proforma") and attached hereto as Exhibit "C" (as the same may be modified and approved by the Members from time to time) shall be deemed to be Project costs. 5.2.6 Open accounts and deposit and maintain funds in the name of the Company in banks, savings and loan associations, and "money market" accounts, as appropriate. 5.3 Maior Decisions. No act shall be taken, no sum shall be expended, and no obligation shall be incurred by the Company or the Manager with respect to any matter enumerated below ("Major Decisions"), without a minimum sixty percent (60%) majority vote of the Members. Major Decisions shall include, but not be limited to, the following: 5.3.1 The amount of fiming of any Capital Contribufions; 5.3.2 Any substantial modifications to the Project Proforma approved and/or amended by the Members for the Project from fime to time. A substantial modification is any change to the Project Proforma in excess of ten percent (10%); 5.3.3 Financing for the Company, including but not limited to amounts, interest rate, guarantors, and the terms, covenants and conditions; 5.3.4 The criteria for making distributions to the Members, including the timing for when distributions should be made and how undistributed funds shall be invested, used and/or distributed; 5.3.5 The admission of any person as a Member; 5.3.6 The transfer of a Membership Interest; and 5.3.7 Dissolution and liquidafion of the Company. Page 5 5.4 Obligations of the Manager. The Manager shall devote such time and effort to the management of the Company as may reasonably be required to carry out the business and shall have the responsibility of providing continuing administrafive and executive support, advice, consultation, analysis and supervision with respect to the functions of the Company. The Manager shall be responsible for the following general dufies: 5.4.1 Exercise his management powers in order to carry out the purposes of the Company; 5.4.2 Provide a regular quarterly written status report to the Members and relevant oral reports at any meeting of the Members; 5.4.3 Responsibility for the safekeeping and use of all of the funds and assets of the Company, whether or not in his immediate possession or control; 5.4.4 Keep all assets and all bank and other accounts and records solely in the name of the Company; 5.4.5 Devote such of his time and business efforts to the business of the Company as is necessary to conduct the business of the Company for the benefit of the Company and the Members; 5.4.6 Manage, operate and generally maintain any properties owned by the Company; 5.4.7 Oversight on the construcfion activities at the Project; 5.4.8 Be responsible for and have authority to conduct the day-to-day operations of the Company; and 5.4.9 Use his best efforts to enable the Project to be completed in all material respects in conformity with the Project Proforma. 6. BOOKS, RECORDS, ACCOUNTING AND REPORTS. 6.1 Records, Audits and Reports. The Company shall maintain complete and accurate accounts in proper books of ail transactions of, or on behalf of, the Company and shall enter or cause to be entered therein a full and accurate account of all transactions on behalf of the Company. The Company's books and accounting records shall be kept in accordance with such accounting principles (which shall be consistently applied throughout each accounfing period) as the Members may determine to be convenient and advisable. 6.2 Inspection of Books and Records. Each Member has the right, on reasonable request for purposes reasonably related to the interest of the person as a Member or a Manager, to: (a) inspect and copy during normal business hours any of the Company's records described in Section 6.1; and (b) obtain from the Company promptly Page 6 after their becoming available a copy of the Company's federal, state and local income tax or information returns for each Fiscal Year. The Manager shall provide such information within ten (10) working days of the request. 6.3 Accountings. As soon as is reasonably practicable after the close of each Fiscal Year, the Manager shall make or cause to be made a full and accurate accounting of the affairs of the Company as of the close of that Fiscal Year and shall prepare or cause to be prepared a balance sheet as of the end of such Fiscal Year, a profit and loss statement for that Fiscal Year and a statement of Members' equity showing the respective Capital Accounts of the Members as of the close of such Fiscal Year and the distributions, if any, to Members during such Fiscal Year, and any other statements and information necessary for a complete and fair presentation of the financial condition of the Company, all of which the Manager shall furnish to each Member. In addifion, the Company shall furnish to each Member information regarding the Company necessary for such Member to complete such Member's federal and state income tax retums. The Company shall also furnish a copy of the Company's tax returns to any Member requesting the same. On such accounting being made, profits and losses during such Fiscal Year shall be ascertained and credited or debited, as the case may be, in the books of account of the Company to the respective Members as herein provided. 6.4 Filings. The Manager, at Company expense, shall cause the income tax returns for the Company to be prepared and timely filed with the appropriate authorities. The Manager, at Company expense, shall also cause to be prepared and timely filed with appropriate federal and state regulatory and administrative bodies amendments to, or restatements of, the Articles of Organization and all reports required to be filed by the Company with those entities under any then current applicable laws, rules, and regulations. If the Company is required to execute or file any document and fails, after demand, to do so within a reasonable period of time or refuses to do so, any Member may prepare, execute and file that document with the California Secretary of State or appropriate federal and state regulatory and administrafive bodies. 6.5 Bank Accounts. The Company shall maintain one or more separate bank accounts in the name of the Company, and shall not permit the funds of the Company to be commingled in any fashion with the funds of any other Person. The Manager, acting alone, is authorized to endorse checks, drafts, and other evidences of indebtedness made payable to the order of the Company, but only for the purpose of deposit into the Company's accounts. All checks, drafts, and other instruments obligafing the Company to pay money must be signed on behalf of the Company by the Manager. 6.6 Tax Matters Partner. The Members may, in their exclusive discretion, appoint, remove and replace a Tax Matters Partner at any time or times. The Members shall from time to time cause the Company to make such tax elections as they deem to be in the interests of the Company and the Members generally. The Tax Matters Partner, as defined in Internal Revenue Code Secfion 6231, shall represent the Company (at the Company's expense) in connection with all examinations of the Company's affairs Page 7 by tax authorities, including resulting judicial and administrative proceedings, and shall expend the Company funds for professional services and costs associated therewith EXCULPATION AND INDEMNIFICATION 7.1 Exculpation of Members. No Member shall be liable to the Company or to the other Members for damages or otherwise with respect to any actions taken or not taken in good faith and reasonably believed by such Member to be in or not opposed to the best interests of the Company, except to the extent any related loss results from fraud, gross negligence or willful or wanton misconduct on the part of such Member or the material breach of any obligation under this Agreement or of the fiduciary duties owed to the Company or the other Members by such Member. 7.2 Indemnification by the Members. Each Member hereby agrees to indemnify and defend the Company, the Manager, the other Members and each of their respective employees, agents, partners, members, shareholders, officers and directors and hold them harmless from and against any and all claims, liabilities, damages, costs and expenses (including, without limitation, court costs and attorneys' fees and expenses) suffered or incurred on account of or arising out of any breach of this Agreement by that Member. However, this provision shall not eliminate or limit liability of or provide for Members to defend other Member/Manager's liability for: a) Anv breach of a Member/Manager's dutv of lovalty to the Companv or the Members as described in this Agreement; b) Acts or omissions not in good faith which involve intentional miscounduct or knowing violation ofthe law; c) Anv unlawful distribufion under the Act; d) Anv transactions from which the Member/Manager derives an improper personal benefit; or e) Anv action taken by Member/Manager without authority as limited in Section 5.3. DISSOLUTION AND WINDING UP 8.1 Dissolution. The Company shall be dissolved, its assets shall be disposed of, and its affairs wound up on the first to occur of: the entry of a decree of judicial dissolution pursuant to relevant law; or the unanimous approval of the Members. 8.2 Winding Up. On the occurrence of an event specified in Secfion 8.1, the Company shall continue solely for the purpose of winding up its affairs in an orderly manner, liquidafing its assets and satisfying the claims of its creditors. The Manager shall be responsible for overseeing the winding up and liquidation of Company, shall take full account of the assets and liabilities of the Company, shall cause such assets to be sold or distributed, and shall cause the proceeds therefrom, to the extent sufficient therefor, to be Pages applied and distributed as provided herein. The Manager shall give written notice of the commencement of winding up by mail to all known creditors and claimants whose addresses appear on the records of the Company. 8.3 Distributions in Kind. Any noncash assets distributed to the Members shall first be valued at their fair market value to determine the profit or loss that would have resulted if such assets were sold for such value. Such profit or loss shall then be allocated pursuant to this Agreement, and the Members' Capital Accounts shall be adjusted to refiect such allocations. The amount distributed and charged against the Capital Account of each Member receiving an interest in a distributed asset shall be the fair market value of such interest (net of any liability secured by such asset that such Member assumes or takes subject to). The fair market value of such asset shall be determined by the Members, or if any Member objects, by an independent appraiser (and any such appraiser must be recognized as an expert in valuing the type of asset involved) selected by a majority of the Membership Interests of the Company. 8.4 Order of Pavment of Liabilities on Dissolution. After a determination that all known debts and liabilifies of the Company in the process of winding up, including, without limitafion, debts and liabiUties to Members who are creditors of the Company, have been paid or adequately provided for, the remaining assets shall be distributed to the Members in proportion to their positive Capital Account balances, after taking into account profit and loss allocations for the Company's taxable year during which liquidation occurs. 8.5 Adequacy of Pavment. The payment of a debt or liability, whether the whereabouts of the creditor is known or unknown, shall have been adequately provided for if payment thereof shall have been assumed or guaranteed in good faith by one or more financially responsible "Persons" (which, when used herein, shall mean any individual and any legal entity, and their respective heirs, executors, administrators, legal representatives, successors and assigns) or by the United States government or any agency thereof, and the provision, including the financial responsibility of the Person, was determined in good faith and with reasonable care by the Members to be adequate at the time of any distribution of the assets pursuant to this Section. This Section shall not prescribe the exclusive means of making adequate provision for debts and liabilities. 8.6 Compliance vyith Regulations. All payments to the Members on the winding up and dissolution of the Company shall be strictly in accordance with the positive capital account balance limitation and other requirements of Regulations Section 1.704-l(b)(2)(ii)(d), as the Members deem appropriate. 8.7 Limitations on Payments Made in Dissolution. Except as otherwise specifically provided in this Agreement, each Member shall only be entitled to look solely to the assets of the Company for the return of such Member's positive Capital Account balance and shall have no recourse for such Member's Capital Contribution or share of profits (on dissolution or otherwise) against any other Member. Page 9 8.8 Filings. The Manager (or the Members) conducting the winding up of the affairs of the Company shall cause to be filed all certificates or notices thereof required by law to be filed on behalf of the Company. 9. MISCELLANEOUS. 9.1 Miscellaneous. This Agreement contains the entire agreement of the parties hereto relating to the rights herein granted and the obligations herein assumed. No Member may assign, transfer or convey any of its rights under this Agreement without the prior written consent of all of the other Members. If any clause, sentence, or other portion of the terms, conditions, covenants and restrictions of this Agreement shall become illegal, null, or void for any reason, or be held by a court of competent jurisdiction to be so, the remaining portion will remain in full force and effect. The parties shall in no event be deemed to be partners of one another by reason of the terms of this Agreement. Each individual executing this Agreement represents that he or she is duly authorized to execute and deliver this Agreement on behalf of the party for which he or she is signing, and that this Agreement is binding upon the party for which he or she is signing in accordance with its terms. This Agreement is deemed to have been made in the State of Califomia, and its interpretation, its construction and the remedies for its enforcement or breach are to be applied pursuant to, and in accordance with the laws of the State of California for contracts made and to be performed therein. All amendments to this Agreement shall be in writing and signed by all of the Members at the time of the amendment This Agreement may be executed in any number of counterparts, each of which shaii be deemed to be an original and all of which together shall be deemed to be one and the same instrument. 9.2 Jurisdiction and Venue/Equitable Remedies/Cumulative Remedies. The Company and each Member hereby expressly agrees that if, under any circumstances, any dispute or controversy arising out of or relating to or in any way connected with this Agreement shall be the subject of any court action at law or in equity, such action shall be filed exclusively in the courts of the County of Orange, State of Califomia. Each Member agrees not to commence any action, suit or other proceeding arising from, relating to, or in connection with this Agreement except in such a court and each Member irrevocably and unconditionally consents and submits to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such acfion, and hereby grants jurisdiction to such courts and to any appellate courts having jurisdiction over appeals from such courts or review of such proceedings. Because the breach of the provisions of this Section would cause irreparable harm and significant injury to the Company and the other Members, which would be difficult to ascertain and which may not be compensable by damages alone, each Member agrees that the Company and the other Members will have the right to enforce the provisions of this Secfion by injunction, specific performance or other equitable relief in addition to any and all other remedies available to such party or parties without showing or proving any actual damage to such parties. Members will be entitled to recover all of its actual attorney's fees, including the fair market value of any in-house attorneys and staff, court costs, expert witness fees and/or trustee costs and fees, including all related expenses, all as costs in accordance with this Agreement, through to flnal non-appealable conclusion, in addifion to any other Page 10 relief to which that party may be enfitled and incurred in connecfion with the enforcement of this Section. Remedies under this Agreement are cumulative and shall not exclude any other remedies to which any Member may be lawfully entitled. 9.3 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be provided to the Members shall be deemed to have been properly given or served by depositing the same in the United States Mail, addressed to the individual Member postpaid, and registered or certified with return receipt requested, by fax (if followed by mailing of a hard copy the next business day) or recognized, commercial courier which maintains evidence of delivery, at the following addresses: As to the Manager: R. Geoffrey McComic 1818 First Avenue Suite 100 SanDiego, CA 92101 Fax: 619-481-3831 As to the Members: McCenza Holdings, LLC 1818 First Avenue Suite 100 SanDiego, CA 92101 Fax: 619-481-3831 All notices, demands or requests shall be effective upon being deposited in the United States Mail. However, the time period in which a response to any such notice, demand or request must be given shall commence to run from the date of receipt by the addressee thereof on the return receipt of the notice, demand or request. By giving to the other parties at least thirty (30) days' written notice thereof the parties hereto and their respective successors and assigns shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. All payments to be made pursuant hereto to any Member shall be made at the address set forth above for such Member. All such payments shall be effective upon receipt. Page 11 •^MANAQER' Tk. Gcof&ey McComic "MEMBERS" Porter Travis, an individual KfeCenasa Mok a Delaware !fin|j^|^pll!>ll^^mp8ny By: ^ S^^^^y^^ I C3cofl&ey MoCwiic, Manager James Cansnza, 0*<ionflor Inve*trn«nt Otwip, bmia litntted liabflity contpany By; J^. Tim O' Omm, Member Pite 12 IN WITNESS WHEREOF, this Agreement has been duly executed by or on behalf of the parties hereto as of the date set forth above. "MANAGER" By: R. Geoffrey McComic "MEMBERS" By: Brian Schaffler, an individual By: Gary Gorham, an individual By: "^vCt^ ^^<t.^.- Porter Travis, an individual McCenza Holdings, LLC, a Delaware limited liability company By: R. Geoffrey McComic, Manager By: James Carenza, Manager O' Connor Investment Group, LLC, a California limited liability company By: Mike O' Connor, Member By: Patty O' Connor, Member By: Tim O' Connor, Member Page 12 EXHIBIT "A" Legal Description of the Property THE SOUTHWESTERLY ONE-HALF OF THE NORTHWESTERLY ONE-HALF OF LOT 4, BLOCK 'R', OF PALISADES NO. 2, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AUGUST 25,1924. APN 204-240-34-00 ***END OF LEGAL DESCRIPTION*** Page 13 EXHIBIT "B" INITIAL CAPITAL CONTRIBUTIONS ,McCenza Holdings, LLC $ 92,000.00 Brian Schaffler $ 200,000.00 Gary Gorham $ 100,000.00 Porter Travis $ 20,000.00 O' Connor Investment Group, LLC $ 90,000.00 Page 14 VIEW FROM FRONT VIEW FROM WEST VIEW FROM WEST VIEW FROM EAST VIEW FROM EAST VIEW FROM REAR City of Carlsbad Faraday Center Faraday Cashiering 001 1330301-5 10/30/2013 98 Wed, Oct 30, 2013 04:46 PM Receipt Ref Nbr: Rl330301-6/0001 PERMITS - PERMITS Tran Ref Nbr: 133030106 0001 0001 Trans/Rcpt#: R0097915 SET #: SDP13004 Amount: 1 @ $115.46 Item Subtotal: $115.46 Item Total; $115.46 1 ITEM(S) TOTAL: $115.46 Check (Chk# 0000001059) $115.46 Total Received: $115.46 Have a nice day! ************+ i' :IOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: VEST PACIFIC DEVELOPMENT INC Description Amount SDP13004 115.46 369 JUNIPER AV CBAD Receipt Number: R0097915 Transaction ID: R0097915 Transaction Date: 10/30/2013 Pay Type Method Description Amount Payment Check 115.46 Transaction Amount: 115.4 6 City of Carlsbad Faraday Center Faraday Cashiering 001 1315501-1 06/14/2013 149 Fri, Jun 14, 2013 10:43 AM Receipt Ref Nbr: R1315501-1/0005 PERMITS - PERMITS Tran Ref Nbr: 131650101 0005 0007 Trans/Rcpt#: R0095554 SET #: AVI30004 Amount: 1 1 $724.00 Item Subtotal; $724.00 Item Total: $724.00 PERMITS - PERMITS Tran Ref Nbr: 131650101 0005 0008 Trans/Rcpt#: R0095555 SET #; CDP13015 Amount: 1 @ $1,578.00 Item Subtotal; $1,578.00 ItemTota^' $1,578.00 PERMITS cRMITS Tran Ref Nbr; 131550101 0005 0009 Trans/Rcpt#: R0095556 SET #; MS130005 Amount: ^'$3,570.00 Itp-^ : ll; $3,670.00 r-^ •..:, $3,570.00 PEK'^ -'ERMIT. Tran NOr: 131650101 0005 0010 Trans/Rcpt#: R0095557 SET #; PUD13007 Amount; 1 @ $3,330.60 Item Subtotal: $3,330.60 Item Total: $3,330.60 PERMITS - PERMITS Tran Ref Nbr; 131650101 0006 0011 Trans/Rcpt#; R0095558 SET #; SDP13004 Amount; 1 S $4,309.00 Item Subtotal; $4,309.00 Item Total: $4,309.00 5 ITEM(S) TOTAL: $13,511.50 Check (Chk# 0000001019) $13,511.60 Total Received; $13,511.50 Have a nice day! **************CUST0MER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: VEST PACIFIC DEVELOPMENT INC/MCCOMIC GEOFF Description Amount SDP13004 4,309.00 369 JUNIPER AV CBAD Receipt Number: R0095558 Transaction ID: R0095558 Transaction Date: 06/14/2013 Pay Type Method Description Amount Payment Check 4,309.00 Transaction Amount: 4,309.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: VEST PACIFIC DEVELOPMENT INC/MCCOMIC GEOFF Description Amount PUD13007 3,330.60 3 69 JUNIPER AV CBAD Receipt Number: R0095557 Transaction ID: R0095557 Transaction Date: 06/14/2013 Pay Type Method Description TVmount Payment Check 3,330.60 Transaction Amount: 3,330.60 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 9200S lillillllllllillllll Applicant: VEST PACIFIC DEVELOPMENT INC/MCCOMIC GEOFF Description Amount MS130005 3,670.00 3 69 JUNIPER AV CBAD Receipt Number: R0095556 Transaction ID: R0095556 Transaction Date: 06/14/2013 Pay Type Method Description Amount Payment Check 3,670.00 Transaction Amount: 3,670.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: VEST PACIFIC DEVELOPMENT INC/MCCOMIC GEOFF Description Amount CDP13016 1,578.00 369 JUNIPER AV CBAD Receipt Number: R0095555 Transaction ID: R0095555 Transaction Date: 06/14/2013 Pay Type Method Description 7\mount Payment Check 1,578.00 Transaction Amount: 1,578.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: VEST PACIFIC DEVELOPMENT INC/MCCOMIC GEOFF Description Amount AV130004 724.00 3 69 JUNIPER AV CBAD Receipt Number: R0095554 Transaction ID: R0095554 Transaction Date: 06/14/2013 Pay Type Method Description Amount Payment Check 724.00 Transaction Amount: 724.00 State of California—The Resources Aaency DEPARTMENTOF FISH ANDUDLIFE 2013 ENVIRONMENTALTILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT# SD2013 1034 STATE CLEARING HOUSE # (ifapplicable) LEADAGENCY CITY OF CARLSBAD PLANNING DIVISION DATE 12/11/2013 COUNTY/STATE AGENCY OF FILING SAN DIEGO DOCUMENTNUMBER *20131034* PROJECTTITLE SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 - BEACHWALK AT JUNIPER PROJECTAPPLICANT NAME VESTA PACIFIC DEVELOPMENT, INC PHONENUMBER (619)481-3830 PROJECTAPPLICANTADDRESS 1818 FIRST AVENUE, SUITE 100 CITY SAN DIEGO STATE CA ZIPCODE 92101 PROJECT APPLICANT (Check appropriate box): • Local PublicAgency • School District Q Other Special District • State Agency • Private Entity CHECK APPUCABLE FEES: Q Environmental Impact Report • Negative Declaration • Application Fee Water Diversion (State Water Resources Control Board Only) • Projects Subject to Certified Regulatory Program 13 County Administrative Fee • Project that is exempt from fees Q Notice of Exemption • DFG No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit • Check • Other ^HK: 1072 $2,995.25 $2,156.25 $850.00 $1,018.50 $50.00 TOTALRECEIVED $50.00 $50.00 SIGNATURE TTTl-E X G. Meza Deputy City of Carlsbad JAN 1 5 2014 Planning Division lllllllilllllilllllllllllllilllllllllilllll ORIGINAL - PROJECTAPPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY - COUNTY CLERK FG 753.5a (Rev. 7/08) NOTICE OF EXEMWION To: SD County Cierk From: CITYOFCARLSBAD ^ D [L H [5) Attn: JamesScott Planning Division "--^"'•--"••«-orderCou„, ciart 1600 Pacific Highway, Suite 260 1635 Faraday Avenue nrp i -j on^o POBox 121750 Carlsbad, CA 92008 MQ^Q San Diego, CA 92101 (760)602-4600 BY ' DEPUTY" Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: SDP 13-04/PUP 13-07/CDP 13-16/MS 13-05 - BEACHWALK AT JUNIPER Project Location - Specific: 369 Juniper Avenue Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Demolition of an existing single-family home and shed to allow for the development of a four-unit multiple-family residential air-space condominium project on a 0.202 acre site. Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Jason Goff. Associate Planner Name of Applicant: Vesta Pacific Development, Inc Applicant's Address: 1818 First Avenue. Suite 100. San Diego. CA 92101 Applicant's Telephone Number: (619) 481-3830 Exempt Status: (Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); Categorical Exemption - State type and section number: Class 32. Section 15332 - In-fill Development Proiects • Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) Reasons why project is exempt: The project is consistent with the General Plan as well as with the Zoning Ordinance, the project site is within the City limits, is less than 5 acres in size, and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval ofthe project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. Lead Agency Contact Person: Jason Goff Telephone: (760) 602-4643 DON NEU, City Planner Date Date received for filing at OPR: Revised 05/13 m •r • m a • • 3- ru HI s^al ServiceTM EI^M^ILT. RECEIPT WWi W i'su/'ance Cdverage Provided) lour website at www.usps.conriji, Hoturri RocGlpf Fec^ (Endor.semi 111 RoquirBd.) Heslricted L>3livery Fed (Bndorsemcnl Required) Total Post.age & Fees Sent To , California Coastal Commission street, /4pf. Nc orPOBoxNc. 7575 Metropolitan Drive, Suite 103 clfy:si^:zif pjggQ^ (-^ 921084402 PS Form 3800, August 2006 See Reverse for Instructions Certified IVIaii Provides: • A mailing receipt _ , • A unique identifier for your mailpiece • A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First-Class Mail© or Priority Mail®. m Certified H/ISfTT? npl available for any class of international mail. • NO INSURANCE' <5cyERAGE IS PROVIDED with Certified Mail. For valuables, pleasfeCon'sHjler Insured or Registered Mail. • For an additional (ea, i Return Receipt may be requested to provide pfoof of delivery. To obtain Return Receipt service, iDlease complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpieae "Return Receipt Requested". To receive a fee waiver for a duplicate return reCelpf, a USPS® postmark on your Certified Mail receipt is required. • For an . additional je'e, delivery may ba restricted to the addressee or addressee's auttaefized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". • If a postmark on the Certified Mail receipt is desired, please present the arti-cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it wlien making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 SENDER: COMPLETE THIS SECTION COIVIPLETE THIS SECTION ON DEUVERY t • Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. A. Signature / /yyC^^ /^!?7 r/^ • Addressee • Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. B. Received by {Printed Name) C. Date of Deli.very 1. Article Addressed to: California Coastal Commission 7575 Metropolitan Drive, Suite 103 San Diego, CA 921084402 D. Is delivery address different from item 17 • Yes If YES, enter delivery address below: • No 3. Service Type • Certified Mail • Express Mail • Registered • Return Receipt for Merchandise • Insured Mail • C.O.D. 4. Restricted Delivery? (Bxtra Fee) • Yes 2. Article Number -pg^^g gp^g (Transfer from service labetl "LJI-IUJLJJTTJJJJJ UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CITY OF CARLSBAD PLANNING DEPARTMENT 1635 FARADAY AVENUE CARLSBAD, CA 92008-7314 6B|0 Mom li|.i.,|ill.)niiil'ii.iii!ihn"i|i"iP'll'l'i'"iili!">ili! <A>c,.vo, • • aFILE ^ CARLSBAD Community & Economic Development www.carisbadca.gov NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The followring project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION ON: December 16. 2013 Application #: SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 Filing Date: June 14. 2013 Case Name: Beachwalk at Juniper Decision Date: December 4. 2013 Applicant: Vesta Pacific Development Agent (if different): NA Address: 1818 First Avenue. Suite 100. San DieRO. CA 92101 Address: NA Phone: (619) 481-3830 Phone: NA_ Project Description: Coastal Development Permit (CDP) to demolish an existing sinele-familv home and shed to allow for the development ofa four-unit multi-familv residential air-space condominium proiect on a 0.202 acre site. Project Location: 369 Juniper Avenue ACTION: • APPROVED ^ APPROVED WITH CONDITIONS • DENIED (Copy of final resolution/decision tetter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: ^ NOT APPEALABLE TO THE COASTAL COMMISSION. [~1 APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, California 92108- 4402, Telephone (619) 767-2370. Attachment: - Location Map to CCC for non-appealable CDPs - Staff Report to CCC for appealable CDPs The time within wtiich judicial review of this decision must be sought is governed by Code of Civit Procedures, Section 1094.6, wtiich tias been made applicable In the City of Cartsbad by Cartsbad Municipal Code ChapterlB. Any petition or other paper seeking judicial review must be fited In ttie appropriate court not later than ninety (90) days fottowing the date on which this decision becomes finat; however, if within ten (10) days after the decision becomes finat a request for the record of the proceedings accompanied by the required deposit In an amount sufficient to cover the estimated cost of preparation of such a record, the time within which such petition may be fited in court Is extended to not later than thirty (30) days fotlowing ttie date on which the record is either personally delivered or mailed to the party, or tils attorney of record, if he has one. A written request for ttie preparation of the record of the proceedings shalt be fited with the City Clerk, City of Carlsbad, 1200 Cartsbad Village Drive, Cartsbad, California 92008. Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax SITE MAP N W NOT TO SCALE Beachwalk at Juniper SDP 13-04/PUD 13-07 CDP 13-16/MS 13-05 PLANNINGCOMMISSION PUBLIC HEARING PROOF OF PUBLICATIOr (2010 & 2011 CCP.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a i of the County aforesaid: I am over the eighteen years and not a party to or intere the above-entitled matter. I am the princip of the printer of UT - North County Formerly known as the North County Tim which newspaper has been adjudicated newspaper of general circulation by the S Court of the County of San Diego, SI California, for the City of Oceanside and the Escondido, Court Decree numbers 171 172171, for the County of San Diego, tl notice of which the annexed is a printed co in type not smaller than nonpariel), ha: published in each regular and entire issue newspaper ..and not in any supplement the th( NOTICE IS HEREBY GIVEN^^pu, because your interest may be affected, that th Planning Commission of the C^W Carlsbad v^ill hold a public hearing at the Counci Chambers, 1200 Carlsbad Villag^)rive, Carlsbad, California, at 6:00 p.m. on Wednes day, December.4, 2013 , to consider the following: 1) SDP 98-06(A)/CDP 98-33(A) - HOEHN SPRINTER - Request for approval of a Site Developmen Plan Amendment and Coastal Development Permit Amendment to allow for the construction of < 3,760 square foot Sprinter repair facility at the Hoehn Mercedes Benz dealership, located on a 5.8E acre property on the west side of Car Country Drive, within the Car Country Specific Plan, th Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. Th' proiect qualifies asa CEQA Guidelines Section 15303(e) (New Construction or Conversion of Smal Structures) Class 3 Categorical Exemption. This proiect is not located within the appealable area of the California Coastal Commission. 2) CDP 13-25 -4419 PARK DRIVE - Request for approval of a Coastal Development Permit to a low for the construction of a new 3,780 square foot single family residence and attached three ca garage within the City's Coastal Zone located at 4419 Park Drive in the Mello II Segment of the Lc cal Coastal Program and within Local Facilities Management Zone 1. The City Planner has detet mined that the proiect belongs to a class of proiects that the State Secr'etary for Resources ha found do not have a significant impact on the environment, and it is therefore categorically e> empt from the requirement for the preparation of environmental documents pursuant to Sectio 15303 (a) construction of a single family residence of the state CEQA Guidelines. This project is not located within the appealable area of the California Coastal Commission. 3) SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 - BEACHWALK AT JUNIPER - Request for approve of a Site Development Plan, Planned Development Permit, Coastal Development Permit, an Tentative Parcel Map to demolish an existing single-family home and shed to allow for the deve opment of a four-unit multiple-family residential air-space condominium project on a 0.202 acr infill site located at 369 Juniper Avenue, within the Mello II Segment of the Local Coastal Prograr and Local Facilities Management Zone 1. The proiect site is not within the appealable area of th California Coastal Commission. The City Planner has determined that this project is exempt fror the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 1533! •In-Fill Development Proiects" of the State CEQA Guidelines and will not have any adverse signif cant impact on the environment. • NOV 28 roil I —November 22"^ 2013 I certify (or declare) under penalty of perji the foregoing is true and correct. Dated at Oceanside, California This22li, day November, 2013 4) CUP 13-09 - ICETOWN SKATEOPLEX - Request for a Conditional Use Permit to allow an ic skating training facility in an existing vacant building with proposed minor improvements o property located at 2283 Cosmos Court, in the P-M Zone and in Local Facilities Management Zon 5. The City Planner has determined that this project is exempt from the requirernents of the Cal fornia Environmental Quality Act (CEQA) per Section 15301, "Existmg Facilities," of the Stal CEQA Guidelines and will not have any adverse significant impact on the environment. i |_ \ f JCA / H 1 r 1 • j_ H 1 i f ' -r"—^ ^% ) // ^ Jane Allshouse NORTH COUNTY TIMES Legal Advertising 5) CUP 12-10/CDP 12-19/MS 12-03 - CARLSBAD FLORAL TRADE CENTER - Request for the adoi tion of a Negative Declaration and the approval of a Conditional Use Permit, Coastal Develoi ment Permit, and Tentative Parcel Map to allow for the subdivision of the property mto four pa eels, and the development of a new 44,180 sq. ft. floral trade distribution center and marketplaci a 33 foot tall, 9,900 sq. ft. micro-brewery and winery building, 1984 sq. ft. culinary center, and 8< sq. ft. farm shed with the remaining land dedicated to farm plots, orchard, hops farm, vineyar and parking on 17.22 acres of land within a 45.60 acre site located within the Carlsbad Ranch Sp cific Plan south of Cannon Road and east of Car Country Drive in Local Facilities Managemer Plan Zone 13 and the Mello II segment of the Local Coastal Program. The site is not located witi in the appealable area of the California Coastal Commission. The City Planner has determined that the project will not result in potentially significant impaci and has issued a Notice of Intent to adopt a Negative Declaration. No comment letters were r ceived during the 20-ddv public review (November 1, 2013 - November 20, 2013). 6) ZCA 13-01/LCPA 13-02 DENSITY BONUS REGULATIONS - A request for recommendation approval of a Zone Code Amendment and Local Coastal Program Amendment to amend the city Zoning Ordinance to make the city's regulation of density bonuses consistent with state and ca; law. The project is exempt from the California Environmental Quality Act. 7) ELECTION OF OFFICERS If you challenge these proiects in court, you may be limited to raising only those issues you i someone else raised at the public hearing described in this notice or in written correspondence d livered to the City of Carlsbad at or prior to the public hearing. Copies of the environmental documents are available at the Planning Division at 1635 FarcuJc Avenue during regular business hours from 7:30 am to 5:30 pm Monday through Thursday/ar 8:00am to5:00pm Friday. Those persons wishing to speak on these proposals are cordially invited to attend the public ing. Copiesof the staff reports will be available online at http.7/carlsbad.granicus.com/VlewPublisher.php?view ld=6 on or after the Friday prior fo tl rtl/\r<e nianea /-nil tho Dli^r SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DEUVERY • Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. A Si^re .-)// ^'h^'^li ^r'- • Addressee • Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. (. • » B. Received by (Pr/nted Name) • C. Date of Delivery 1. Article Addressed to: California Coastal Commission 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108-4402 D. Is delivery address different from item 17 Ll Yes If YES, enter delivery address below: • No 3. Service Type • Certified Mall • Express Mall • Registered • Return Receipt for Merchandise • Insured Mall • C.O.D. 4. Restricted Delivery? (Bxtra Fee) • yes 2. Article Number -j^^g g^^g gggg 3gc,4 4g5^ (Transfer from service label) II.JJ.I- PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540; UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 - •"Sender i^easetfint your name, address, and ZIP+4 in this box • •"Sender: Pleasetiri onvoFCflRisM NOV 20 2013 ( ftiAii^- ••,<=:ctor" SKnClTYOF CARLSBAD rwp^"^''«^^ DEPARTMENT " 1635 FARADAYAVENUE CARLSBAD, CA 92008-7314 il'i'|i"M'li'l>tl|iii.i.i|iilli||i|lii..|i.l,l,l|.i,ii„j,|.,i tn • website at www.usps.com» IT O m 1=1 • • CD a m a-m nj • , Roturn R(j(.:eipl Feo (Endotsemi-iit RL'quired) Restricted Delivery Fee (jlndoriemu'ii RoqLired) Total Posicigt & F eeis Senf to California Coastal Commission f^^^ 7575 IVietropolitan Drive, Suite 103 c/<y:safe-,z/i= San Diego, CA 92108-4402 Certified Mail Provides: • A mailing receipt • A unique identifier for your mailpiece • A record of delivery l<ept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First-Class Mail® or Priority Mail®. • Certified Mail is nof available for any class of intemational mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. • For an additional fee, a Return Receipt ma^y be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Retum Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Retum Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. I • For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". • If a postmark on the Certified Mail receipt is desired, please present the arti-cle at the post oftice for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present It when making an Inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 ^ CARLSBAD ^riL^c. Community & Economic Development www.carisbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission ofthe City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, December 4, 2013, to consider a request for the following: CASE NAME: SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 - BEACHWALK AT JUNIPER PUBLISH DATE: November 22, 2013 DESCRIPTION: Request for approval of a Site Development Plan, Planned Development Permit, Coastal Development Permit, and Tentative Parcel Map to demolish an existing single-family home and shed to allow for the development of a four-unit multiple-family residential air-space condominium project on a 0.202 acre infill site located at 369 Juniper Avenue, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. The project site is not within the appealable area of the California Coastal Commission. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 "In-Fill Development Projects" ofthe State CEQA Guidelines and will not have any adverse significant impact on the environment. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php7view id=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Jason Goff in the Planning Division at (760) 602-4643, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. • Coastal Commission Appealable Project: This site is not located within the Coastal Zone Appealable Area. ^ Application deemed complete: Julv 15. 2013 Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission ofthe date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CITY OF CARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 ! 760-602-4600 I 760-602-8558 fax S/r£ MAP NOT TO SCALE Beachwalk at Juniper SDP 13-04/PUD 13-07 CDP 13-16/MS 13-05 Easy Peel® Labels Use Avery® Template 51£u®/8160 " Bend along line to expose Pop-up Edge^** AVERY® 6240™ 369 JUNIPER ACQ LLC 1818 1STAVE#100 SAN DIEGO CA 92101 FRANK E & KATHRYN A TALKE P O BOX 675514 RANCHO SANTA FE CA 92067 ELLIS IVI WILLSON 1120 SILVERADO ST LA JOLLA CA 92037 GLENN L GOLDMAN 2653 ROOSEVELT ST #D CARLSBAD CA 92008 T L & EDITH M RHODES 1840 AVOCADO RD OCEANSIDE CA 92054 THOMAS B & ALEXANDRA STANTON P O BOX 991 LA JOLLA CA 92038 HEYWORTH FAMILY LTD PARTNERSHIP 539 BROOKS ST LAGUNA BEACH CA 92651 JST INVESTMENTS LLC POBOX 1393 RIVERSIDE CA 92502 3622 GARFIELD STREET LLC 3622 GARFIELD ST CARLSBAD CA 92008 JAMES P BERAN 25952 VISTA DRW CAPO BEACH CA 92624 JOHN W & CATHLEEN BARNES 12231 WOODLAWN AVE SANTA ANA CA 92705 FREEBERG FAMILY TRUST 08-15 94 911 IRON HORSE CT SAN MARCOS CA 92078 JOYCE GAMMON 3258 PEARL LN OCEANSIDE CA 92056 HOPPE CASA DEL SOL LLC 6530 EL CAMINO DEL TEATRO LA JOLLA CA 92037 DIANE M COTTO 56 W MIRA MONTE AVE SIERRA MADRE CA 91024 PAT P & MICHELLE E FOURMONT 257 JUNIPER AVE CARLSBAD CA 92008 MARK BROWN 267 JUNIPER AVE CARLSBAD CA 92008 CHESTER E & EILEEN D JAEGER 636 ALAMOSA DR CLAREMONT CA 91711 J & J REAL ESTATE HOLDINGS L LC 2 E STATE ST REDLANDS CA 92373 SERAFIN LLC 4525 ADAMS ST CARLSBAD CA 92008 MELIDEO FAMILY TRUST 05-29- 12 6845 WISH AVE LAKE BALBOA CA 91406 JOHN W & JANET C NEWTON P O BOX 99 SOUTH CHATHAM MA 2659 DANIEL J & JACALYN CIPRIANI 384 HEMLOCK AVE CARLSBAD CA 92008 DANIEL J CROWE 162 VILLA AVE LOS GATOS CA 95030 CAROL MILNE 555 EATON ST #1 OCEANSIDE CA 92054 ANGELA GLORIOSO 364 HEMLOCK AVE CARLSBAD CA 92008 STAVISKI FAMILY TRUST 6634 ORANGEWOOD RD HIGHLAND CA 92346 ROBERT & DONNA FLEMING 2645 BRIGHTON RD CARLSBAD CA 92010 CHRISTOPHER & BOL CAROLINE E PIELLI 26913 SANTA YNEZ WAY VALENCIA CA 91355 DARRELL G BRUNN 330 HEMLOCK AVE CARLSBAD CA 92008 Etiquettes faciles h peler utilisez ie aabarit AVERY® 5160®/8160'«'^ Sens de Repliez k la hachure afin de j ri&uAlor lo rahnrrl Prkn-lin*^ ! 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expose Pop-up Edge™ AVERY® 6240™ I k NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD 810 MISSION AVE OCEANSIDE CA 92054 VALDIVIA FAMILY LIVING TRUST 10-25-00 740 TAYLOR DR MONTEREY PARK CA 91755 MARIANNE BREMSETH 520 ANCHOR WAY CARLSBAD CA 92008 GARRY T VOORHEES P O BOX 892497 TEMECULA CA 92589 NEAL H & MELISSA L BUTCHER 460 ANCHOR WAY CARLSBAD CA 92008 ERNEST F ESKAM 180908 EXPERIMENT FARM RD MITCHELL NE 69357 DUSTIN L SIGALL 440 ANCHOR WAY CARLSBAD CA 92008 RICHARD C & DONNA J HADLEY 430 ANCHOR WAY CARLSBAD CA 92008 JANICE C GONZALES 6423 LA VANCO CT CARLSBAD CA 92009 SHEILA H YEANEY 3725 NAUTICAL DR CARLSBAD CA 92008 TINA TEPPER 3745 NAUTICAL DR CARLSBAD CA 92008 LUKE & MARSHA M MONTAGUE 3750 NAUTICAL DR CARLSBAD CA 92008 CHAFEY REVOCABLE TRUST 03- 15-11 3740 NAUTICAL DR CARLSBAD CA 92008 JOHN GUIDO 3730 NAUTICAL DR CARLSBAD CA 92008 ZACHARY O & LINDA C LEIGH 3720 NAUTICAL DR CARLSBAD CA 92008 CELIA R LANDIS 3423 SOUTHWOODDR OCEANSIDE CA 92058 PARTRIDGE FAMILY TRUST OF 2004 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I.. n..— ...*MC ! www.avery.coin LRnn-nn-AVFRv Easy Peel® Labels I use Avery® Template 5160®/8160™ Feed Paper Bend along line to ' — expose Pop-up Edge™ AVERY® 6240TM j k RESIDENT 369 JUNIPER AVE CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE # 1 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE #2 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE #3 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE #4 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE # 5 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE # 6 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE #7 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE # 8 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE # 9 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE #10 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE #11 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE #12 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE #13 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE # 14 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #15 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #16 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #17 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE # 18 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #19 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE # 20 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #21 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE # 22 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE # 23 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #24 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #25 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #26 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 1 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE #2 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 3 CARLSBAD CA 92008 Etiquettes faciles k peler { lltilica-> la naharit AMFRV® >:ifin®/St1(;n*'<: ! 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A\/CRV Easy Peel® Labels Use Avery® Template 5160®/8160™ I Feed Paper Bend along line to expose Pop-up Edge™ AVERY® 6240™! k RESIDENT 345 JUNIPER AVE # 8 CARLSBAD CA 92008 RESIDENT 345 JUNIPER AVE # 9 CARLSBAD CA 92008 RESIDENT 345 JUNIPER AVE #10 CARLSBAD CA 92008 RESIDENT 345 JUNIPER AVE # 11 CARLSBAD CA 92008 RESIDENT 345 JUNIPER AVE #12 CARLSBAD CA 92008 RESIDENT 385 JUNIPER AVE CARLSBAD CA 92008 RESIDENT 386 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 384 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 382 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 380 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 364 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 366 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 368 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 370 HEMLOCK ST CARLSBAD CA 92008 RESIDENT 330 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 330 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 330 JUNIPER AVE CARLSBAD CA 92008 California Coastal Commissjon 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108-4402 County Of San Diego Planning & Development Services 5510 Overland Avenue, Suite 110 San Diego, CA 92123-1239 Buena Vista Audubon Society 2202 S. Coast Highway Oceanside, CA 92054 Dr. Regg. V. Antle, President Buena Vista Lagoon Foundation PO Box 4516 Carlsbad, CA 92008 Etiquettes faciles a peler j jii/eDV® c-f en®/oicnMC I I i.<.:i: I- —. Sens de Repliez k la hachure afin de j ..cl I I rt. .._MC • www.avery.com i.«nn-r;n-A\/FPV N0TIC|^F PUBLIC HEARING - CITY 01l|PkRLSBAD FILE Public Hearing Date: December 4. 2013 Response must be received by: November 20. 2013 Public Hearing Place: 1200 CARLSBAD VILLAGE DRIVE. CARLSBAD. CALIFORMA. 92008 Public Hearing Time: 6:00 p.m. Project Tide: SDP 13-04/PLJD 13-07/CDP 13-16/MS 13-05-Beachwalk at Juniper Lead Agency: CITY OF CARLSBAD - PLANMNG Contact Person: Jason Goff. Associate Planner Street Address: 1635 FARADAY AVENUE Phone: (760') 602-4643 Zip: 92008 Citv: CARLSBAD County: SAN DIEGO PROJECT LOCATION: County: SAN DIEGO City/Nearest Communitv: CITY OF CARLSBAD Total Acres: 0.202acres Assessor's Parcel No. 204-240-34 Cross Streets: Garfield Street Section:! Twp. 12S Range: 04W Within 2 Miles: State Hwy #: L5 Waterways: Pacific Ocean. Agua Hedionda Lagoon Base: San Bemardino meridian & baseline Airports: McCLELLAN/PALOMAR Railways: NCTO Schools: Carlsbad Unified ENVIRONMENTAL DOCUMENT: CEQA: • • • • NOP Early Cons Neg Dec Draft EIR • • Supplement/Subsequent EIR (Prior SCH No.). Other: Notice of Exemption per Section 15332 - Infill Development Proiect LOCAL ACTION TYPE: •General Plan Update • Specific Plan 1 1 Rezone • Annexation r~lGeneral Plan Amendment Q Master Plan • Use Pennit • Redevelopment •General Plan Element ^ Planned Unit Development ^ Land Division (Subdivision, Coastal Permit 1 IZone Code Amendment ^ Site Plan Parcel Map, Tract Map, etc.) • Other: DEVELOPMENT TYPE: I^Residential: Units 4 condominiums units •office: Sq. Ft. •commercial: Sq. Ft. •industrial: Sq. Ft. •Recreational: Acres 0.202 acres Acres Acres Acres PROJECT ISSUES DISCUSSED EV DOCUMENT: •Aesthetic/Visual • Flood Plain/Flooding • Schools/Universities • Water Quality •Agricultural Land • Forest Land/Fire Hazard • Septic Systems • Water Supply/Ground Water •Air Quality • Geological/Seismic • Sewer Capacity • Wetland/Riparian 1 1 Archaeological/Historical 1 1 Minerals • Soil Erosion/Compaction/Grading • WildUfe •Coastal Zone 1 1 Noise • Solid Waste • Growth Inducing 1 1 Drainage/ Absorpti on 1 1 Population/Housing Balance • Toxic/Hazardous • Land Use •Economic/Jobs • Public Services/Facilities • Traffic/Circulation • Cumulative Effect •Fiscal • Recreation/Parks • Vegetation • Other: Present Land Use/Zoning/General Plan Use Present Land Use: Single-family home & shed Zoning: Multiple-Family Residential (R-3) with Beach Area Overlay Zone (BAOZ) General Plan: Residential High Density (RH) Project Description: Demolition of an existing single-family home and shed and development of a four-unit multi-family residential air-space condominium project. Mail notice to: San Diego County Clerk of the Board of Supervisors, Public Notice Hearings, Mailstop A-45, Room 402,1600 Pacific Highway, SanDiego, CA 92101 Where documents are located for Public Review: Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008 April 2011 1 HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLiCATiON NAIVIE AND NUMBER APPLICANT OR APPUCANT'S REPRESENTATIVE BY. ^^g^^ /^/a^jy,c^^J DATE: /^/•Z^'^/^'S^ RECEIVED BY DATE: \o 2^ < < GARFIELD GARFIELD CHERRY X APN_D OWNERNAME S_HSENO S_STREET S_SFX S_UNIT S_CITY S_STATE S_Z1P 1 204-240-34-00 RESIDENT 369 JUNIPER AVE CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 1 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 2 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 3 CARLSBAD CA 92008 iTi 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 4 CARLSBAD CA 92008 iTi 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 5 CARLSBAD CA 92008 iTi 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 6 CARLSBAD CA 92008 L 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 7 CARLSBAD CA 92008 L 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 8 CARLSBAD CA 92008 s 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 9 CARLSBAD CA 92008 o o 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 10 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 11 CARLSBAD CA 92008 —X- 8 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 12 CARLSBAD CA 92008 —X- 8 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 13 CARLSBAD CA 92008 —X- 8 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 14 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 15 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 16 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 17 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 18 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 19 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 20 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 21 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 22 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 23 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 24 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 25 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 26 CARLSBAD CA 92008 17 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204-240-39-00 RESIDENT 44 204-240-53 RESIDENT 370 HEMLOCK ST 330 HEMLOCK AVE 330 HEMLOCK AVE 330 JUNIPER AVE CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 X APN_D OWNERNAME M HSENO M DIR M STREET M_SFX M_UNIT M_CITY M_STATE M_ZIP S O 1 204-240-34-00 369 JUNIPER ACQ LLC 1818 1ST AVE# 100 SAN DIEGO CA 92101 1 2 204-240-01-00 FRANK E & KATHRYN A TALKE POBOX 675514 RANCHO SANTA FE CA 92067 1 3 204-240-04-00 ELLIS M WILLSON 1120 SILVERADO ST LAJOLLA CA 92037 1 4 204-240-05-00 GLENN L GOLDMAN 2653 ROOSEVELT ST #D CARLSBAD CA 92008 Ox 5 204-240-06-00 T L & EDITH M RHODES 1840 AVOCADO RD OCEANSIDE CA 92054 V) 6 204-240-12-00 THOMAS B & ALEXANDRA STANTON P 0 BOX 991 LAJOLLA CA 92038 V) 7 204-240-13-00 HEYWORTH FAMILY LTD PARTNERSHIP 539 BROOKS ST LAGUNA BEACH CA 92651 ^—' 8 204-240-14-00 HEYWORTH FAMILY LTD PARTNERSHIP 539 BROOKS ST LAGUNA BEACH CA 92651 9 204-240-15-00 JST INVESTMENTS LLC POBOX 1393 RIVERSIDE CA 92502 10 204-240-16-00 3622 GARFIELD STREET LLC 3622 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204-240-35-00 MELIDEO FAMILY TRUST 05-29-12 6845 WISH AVE LAKE BALBOA CA 91406 25 204-240-36-01 JOHN W & JANET C NEWTON P 0 BOX 99 SOUTH CHATHAM MA 2659 26 204-240-36-02 DANIEL J & JACALYN CIPRIANI 384 HEMLOCK AVE CARLSBAD CA 92008 27 204-240-36-03 DANIEL J CROWE 162 VILLA AVE LOS GATOS CA 95030 28 204-240-36-04 CAROL MILNE 555 EATON ST #1 OCEANSIDE CA 92054 29 204-240-37-01 ANGELA GLORIOSO 364 HEMLOCK AVE CARLSBAD CA 92008 30 204-240-37-02 STAVISKI FAMILY TRUST 6634 ORANGEWOOD RD HIGHLAND CA 92346 31 204-240-37-03 ROBERT & DONNA FLEMING 2645 BRIGHTON RD CARLSBAD CA 92010 32 204-240-37-04 CHRISTOPHER & BOL CAROLINE E PIELLI 26913 SANTA YNEZ WAY VALENCIA CA 91355 33 204-240-38-00 DARRELL G BRUNN 330 HEMLOCK AVE CARLSBAD CA 92008 34 204-240-39-00 DARRELL G BRUNN 330 HEMLOCK AVE CARLSBAD CA 92008 35 204-240-40-00 EDWARDS FAMILY TRUST 12-20-04 320 HEMLOCK AVE CARLSBAD CA 92008 o 36 204-240-43-00 BLACIC FAMILY TRUST 09-11-91 260 HEMLOCK AVE CARLSBAD CA 92008 o 37 204-240-44-00 CHERYL BONDY 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TRUST 05-30-06 440 N GRANADOS AVE SOLANA BEACH CA 92075 118 204-270-49-01 JOHN R ETCHELLS 367 HEMLOCK AVE #A CARLSBAD CA 92008 119 204-270-49-02 KELLEY K MUNOZ 367 HEMLOCK AVE #B CARLSBAD CA 92008 120 204-270-49-03 JOHN A & DENA M DAVIS 367 HEMLOCK AVE #C CARLSBAD CA 92008 121 204-270-49-04 365 HEMLOCK B TRUST 10-06-05 25612 BARTON RD #348 LOMA LINDA CA 92354 122 204-270-49-05 MEGAN SMITH 365 HEMLOCK AVE CARLSBAD CA 92008 123 204-270-49-06 MILAM TRUST 04-18-13 3286 JAMES DR CARLSBAD CA 92008 124 204-270-49-07 DAVID & JOHANNA MILLER 365 HEMLOCK AVE #D CARLSBAD CA 92008 125 204-270-49-08 JUSTIN LANZL 365 HEMLOCK AVE #E CARLSBAD CA 92008 126 204-270-49-09 SUE E FOST 363 HEMLOCK AVE #A CARLSBAD CA 92008 127 204-270-49-10 HOHMAN FAMILY TRUST OF COSTA MESA 08-07-08 2450 ORANGE AVE COSTA MESA CA 92627 128 204-270-49-11 LONDON FIELDS 116 CAMINO DE LAS FLORES ENCINITAS CA 92024 129 204-280-01-00 CARLSBAD VILLAGE APARTMENTS LLC GABLES RESIDENRIALS BOCA RATON FL 33431 130 204-280-22-00 NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD 810 MISSION AVE OCEANSIDE CA 92054 131 204-280-42-01 VALDIVIA FAMILY LIVING TRUST 10-25-00 740 TAYLOR DR MONTEREY PARK CA 91755 132 204-280-42-02 MARIANNE BREMSETH 520 ANCHOR WAY CARLSBAD CA 92008 133 204-280-42-03 GARRY T VOORHEES P 0 BOX 892497 TEMECULA CA 92589 134 204-280-42-04 NEAL H & MELISSA L BUTCHER 460 ANCHOR WAY CARLSBAD CA 92008 135 204-280-42-05 ERNEST F ESKAM 180908 EXPERIMENT FARM RD MITCHELL NE 69357 136 204-280-42-06 DUSTIN L SIGALL 440 ANCHOR WAY CARLSBAD CA 92008 137 204-280-42-07 RICHARD C & DONNA J HADLEY 430 ANCHOR WAY CARLSBAD CA 92008 138 204-280-42-08 JANICE C GONZALES 6423 LA VANCO CT CARLSBAD CA 92009 139 204-280-42-09 SHEILA H YEANEY 3725 NAUTICAL DR CARLSBAD CA 92008 140 204-280-42-10 TINA TEPPER 3745 NAUTICAL DR CARLSBAD CA 92008 141 204-280-42-11 TINA TEPPER 3745 NAUTICAL DR CARLSBAD CA 92008 142 204-280-42-12 LUKE & MARSHA M MONTAGUE 3750 NAUTICAL DR CARLSBAD CA 92008 143 204-280-42-13 CHAFEY REVOCABLE TRUST 03-15-11 3740 NAUTICAL DR CARLSBAD CA 92008 144 204-280-42-14 JOHN GUIDO 3730 NAUTICAL DR CARLSBAD CA 92008 145 204-280-42-15 ZACHARY O & LINDA C LEIGH 3720 NAUTICAL DR CARLSBAD CA 92008 146 204-280-42-16 CELIA R LANDIS 3423 SOUTHWOOD DR OCEANSIDE CA 92058 147 204-280-42-17 PARTRIDGE FAMILY TRUST OF 2004 12-14-04 3725 HIBISCUS CIR CARLSBAD CA 92008 148 204-280-42-18 GEORGE H & IMELDA H EISER 2721 MACKINNON RANCH RD CARDIFF BY THE SE CA 92007 149 204-280-42-19 DOROTHY DOUGHTY 3745 HIBISCUS CIR CARLSBAD CA 92008 150 204-280-42-20 FREDERICK W & KAY F AB NIEDRICK 3750 HIBISCUS CIR CARLSBAD CA 92008 151 204-280-42-21 JOSEPH M ANGUIANO 3740 HIBISCUS CIR CARLSBAD CA 92008 152 204-280-42-22 JOHN F VOORHEES 12132 SKY LN SANTA ANA CA 92705 153 204-280-42-23 LOREN L & VIRDEL M HENDRIX 3720 HIBISCUS CIR CARLSBAD CA 92008 154 204-280-42-24 SUTHERLAND REVOCABLE TRUST 3710 HIBISCUS CIR CARLSBAD CA 92008 155 204-280-42-25 DONALD 0 & SHIRLEY J T CARLSON 14527 W RAVENSWOOD DR SUN CITY WEST AZ 85375 156 204-280-42-26 SAYOC FAMILY TRUST 02-03-05 525 ANCHOR WAY CARLSBAD CA 92008 157 204-280-42-27 DAVID & SCHRAM NEIL TAYLOR 6200 VIA SUBIDA PALOS VERDES PENI CA 90275 158 204-280-43-01 QUIJADA FAMILY TRUST 05-13-08 3805 NAUTICAL DR CARLSBAD CA 92008 159 204-280-43-02 MARK & NANCY REISER 3815 NAUTICAL DR CARLSBAD CA 92008 160 204-280-43-03 ROLAND MAUS 3825 NAUTICAL DR CARLSBAD CA 92008 161 204-280-43-04 LEISHA M BATTLES 3835 NAUTICAL DR CARLSBAD CA 92008 162 204-280-43-05 MARKLYN J & WENDY D RETZER 3845 NAUTICAL DR CARLSBAD CA 92008 163 204-280-43-06 MARY L KOLDEN 10 BLUE JAY DR ALISO VIEJO CA 92656 164 204-280-43-07 ROBERT G & LAURA J ANDERSON 2278 PLAZUELA ST CARLSBAD CA 92009 165 204-280-43-08 RITA PERFITO 3875 NAUTICAL DR CARLSBAD CA 92008 166 204-280-43-09 FRANK R & PATRICIA A ROPER 479 SHARON RD ARCADIA CA 91007 167 204-280-43-10 JOSEPH S NAJAR 2248 W 230TH PL TORRANCE CA 90501 168 204-280-43-11 JASON & LORI M KULLMANN 3860 NAUTICAL DR CARLSBAD CA 92008 169 204-280-43-12 RICHARD L INDRIERI 4992 VIA MARTA CARLSBAD CA 92008 170 204-280-43-13 SUSAN WALTERS 3840 NAUTICAL DR CARLSBAD CA 92008 171 204-280-43-14 RYAN R & KERRY C KANE 3830 NAUTICAL DR CARLSBAD CA 92008 172 204-280-43-15 CHARLES W & JEANNIE COLLINS 615 S NEVADA ST OCEANSIDE CA 92054 173 204-280-43-16 PATRICIA S ROBB P 0 BOX 4564 OCEANSIDE CA 92052 174 204-280-43-17 FONTANA FAMILY TRUST 10-16-87 3287 ALTA LAGUNA BLVD LAGUNA BEACH CA 92651 175 204-280^3-18 DULICE A REDEN 87 JAPONICA RD CAPTAIN COOK HI 96704 176 204-280-43-19 GEORGE F NASSIF 3835 HIBISCUS CIR CARLSBAD CA 92008 177 204-280-43-20 RAYMOND F & JAIME L KAESBAUER 13862 TORREY BELLA CT SAN DIEGO CA 92129 178 204-280-43-21 PAWLOWSKI FAMILY TRUST 01-06-11 19309 ITASCA ST NORTHRIDGE CA 91324 179 204-280-43-22 RENE & DOREEN COOKE 3865 HIBISCUS CIR CARLSBAD CA 92008 180 204-280-43-23 DAVID J & SORANA CALDWELL 3850 HIBISCUS CIR CARLSBAD CA 92008 181 204-280-43-24 ROBERT F PATTEN 3537 N TWIN OAKS VALLEY RD SAN MARCOS CA 92069 182 204-280-43-25 LESLIE R & DOROTHY C BLAIR 3830 HIBISCUS CIR CARLSBAD CA 92008 183 204-280-43-26 WIEDERKEHR LIVING TRUST 04-19-05 3820 HIBISCUS CIR CARLSBAD CA 92008 184 204-280-43-27 CARY J & MARY A HARROLD 3810 HIBISCUS CIR CARLSBAD CA 92008 4 4 ATTACHMENT "2" CERTIFICATION OF POSTING certify that the "Notice of Project Application" has been posted at a conspicuous location on SIGNATURE: PRINT NAME: C't^'fP j^^^^'C^ PROJECTNAME: S<gcu>kuj<^((c c^j- Ju/Spr^ PROJECT NUMBER: ^Pld-pypUO l^-^l/C^P 13-/^/^^l^'O r//U / LOCATION: 3^? 7^A/^/ RETURN TO: (Planner) CITY OF CARLSBAD PLANNING DIVISION 1635 Faraday Avenue Carlsbad, CA 92008-7314 p-21 Page 4 of 6 Revised 07/10 CITV OF Q FILE V (CARLSBAD Community & Economic Development www.carlsbadca.gov EARLY PUBLIC NOTICE | PROJECT NAME: Beachwalk at Juniper PROJECT NUMBER: SDP13-04/PUD 13-07/CDP 13-16/MS 13-05/AV 13-04 This early public notice Is to let you know that a development application for a residential project within your neighborhood has been submitted to the City of Carlsbad on June 14, 2013. The project application Is undergoing Its Initial review by the City. LOCATION: 369 Juniper Avenue PROJECT DESCRIPTION: The proposed development consists of a 4-unit attached residential condominium project. The proposed building consists of three-story construction with condominium units ranging In size from 1,425 sq. ft. to 1,662 sq. ft. Parking for the project Is provided In the form of two surface parking spaces for visitors and a two-car garage for each unit. Included with this proposal is a variance request to reduce the front yard setback at Juniper Avenue from 10 ft. to 5.1 ft. due to right-of-way constraints. Please keep In mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project Is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Jason Goff, Associate Planner at jason.goff@carlsbadca.gov, (760) 602-4643, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. Planning Division MM" 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © City of Carlsbad Beachwalk at Juniper SDP 13-04 / PUD 13-07/ CDP 13-16 / MS 13-05 / AV 13-04 A Map created by the City of Carlsbad GIS. Portions of the DERIVED PRODUCT contain geographic information copyrighted by SanGIS. All Rights Reserved EXIST. APARmENTS AP.N. 204-240^4 ANO-25 JUNIPER AVENUE 10 y GRAPHIC SCALE « CONCEPTUAL LANDSCAPE SITE PLAN FOP: BEACHWALK AT JUNIPER WATER. CONSERVATION STATEMENT MAINTENANCE RESPONSIBILriT IRRIGATION NOTE PLANTING NOTE CANDIDATE PLANT MATERIAL SYMBOt BOTANCALNAhE DESCnFTION CONCEPTUAL LANDSCAPE SITE PLAN BEACHWALK ATJUNIPl OitglnBl DMa: GENERAL NOTE \DRAFTCOPY \ OAviDUCCUu.ouaH.AsiA BB II 1 1^ 1 1 EAST ELEVATION BEinn SOUTH ELEVATION I I I WEST ELEVATION JUNIPER 4 PAC DEV SCALE: 1/4" - r-0" WMccmm'ASSOC.. mc. 5 . 23 . 13 NORTH ELEVATION A-4 Easy Peel® Labels Use Avery® Template 5160®/8160™ I I I ki Bend along line to • expose Pop-up Edge™ -^ AVERY® 6240TM| RESIDENT 369 JUNIPER AVE CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE # 1 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE # 2 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE # 3 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE # 4 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE # 5 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE #6 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE #7 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE # 8 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE #9 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE #10 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE # 11 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE #12 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE #13 CARLSBAD CA 92008 RESIDENT 342 JUNIPER AVE #14 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #15 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #16 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #17 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #18 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #19 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #20 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #21 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #22 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #23 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #24 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #25 CARLSBAD CA 92008 RESIDENT 344 JUNIPER AVE #26 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 1 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 2 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 3 CARLSBAD CA 92008 Etiquettes faciles k peler ; Utilisez le gabarit AVERY® 5160®/8160"'= { Sens de charaement Repliez k la hachure afin de | reveler le rebord POD-UD"' ! www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®/8160™ Bend along line to ; expose Pop-up Edge™ Jj^jj^ ^ AVERY® 6240TM| RESIDENT 376 JUNIPER AVE #4 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 5 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 6 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE #7 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 8 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 9 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE #10 CARLSBADCA 92008 RESIDENT 376 JUNIPER AVE #11 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE #12 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE #13 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE #14 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE #15 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE #16 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE #17 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE #18 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE #19 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 20 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 21 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 22 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 23 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 24 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 25 CARLSBAD CA 92008 RESIDENT 376 JUNIPER AVE # 26 CARLSBAD CA 92008 RESIDENT 345 JUNIPER AVE # 1 CARLSBAD CA 92008 RESIDENT 345 JUNIPER AVE # 2 CARLSBAD CA 92008 RESIDENT 345 JUNIPER AVE # 3 CARLSBAD CA 92008 RESIDENT 345 JUNIPER AVE # 4 CARLSBAD CA 92008 RESIDENT 345 JUNIPER AVE # 5 CARLSBAD CA 92008 RESIDENT 345 JUNIPER AVE # 6 CARLSBAD CA 92008 RESIDENT 345 JUNIPER AVE # 7 CARLSBAD CA 92008 itiquettes faciles k peler | Utilisez ie gabarit AVERY® 5160®/8160"' \ Sensde charaement Repliez k la hachure afin de' r6v^ler le rebord POD-UD"' • www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®/8160™ Bend along line to expose Pop-up Edge™ ^ AVERY® 6240^1 RESIDENT 345 JUNIPER AVE # 8 CARLSBAD CA 92008 RESIDENT 345 JUNIPER AVE # 9 CARLSBAD CA 92008 RESIDENT 345 JUNIPER AVE #10 CARLSBAD CA 92008 RESIDENT 345 JUNIPER AVE #11 CARLSBAD CA 92008 RESIDENT 345 JUNIPER AVE #12 CARLSBAD CA 92008 RESIDENT 385 JUNIPER AVE CARLSBAD CA 92008 RESIDENT 386 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 384 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 382 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 380 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 364 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 366 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 368 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 370 HEMLOCK ST CARLSBAD CA 92008 RESIDENT 330 HEMLOCK AVE CARLSBAD CA 92008 RESIDENT 330 HEMiPeKTWE CARtS6AD CA 92008 itiquettes faciles k peler j Utilisez le gabarit AVERY® 5160®/8160"' j Sens de rhamAmont Repliez k la hachure afin de | r6v6ler le rebord POD-UD"' ! www.avery.com 1-800-GO-AVERY T I I AM3AV-O9-008-1 uio3'/jaAe'iWAAm [ ,„dn-dO(| pjoqai e| JBI^A^ j ap uye ejnipeq e| f zaiidaii luauieBjeqs ap sues • w ! :»|0918/®09I.S ®AH3AV lueqeB e| zesin^n I je|ad f saipe^ sauenta^^ 369 JUNIPER ACQLLC 3460 MARRON RD #103 OCEANSIDE CA 92056 FRANK E & KATHRYN A TALKE POBOX 675514 RANCHO SANTA FE CA 92067 ELLIS M WILLSON 1120 SILVERADO ST LA JOLLA CA 92037 GLENN L GOLDMAN 2653 ROOSEVELT ST #D CARLSBAD CA 92008 T L & EDITH M RHODES 1840 AVOCADO RD OCEANSIDE CA 92054 THOMAS B & ALEXANDRA STANTON P O BOX 991 LA JOLLA CA 92038 HEYWORTH FAMILY LTD PARTNERSHIP 539 BROOKS ST LAGUNA BEACH CA 92651 WILLIAM F HICKS POBOX 1393 RIVERSIDE CA 92502 3622 GARFIELD STREET LLC 3622 GARRELDST CARLSBAD CA 92008 JAMES P BERAN 25952 VISTA DRW CAPO BEACH CA 92624 THOMAS J HURLEY 3664 GARFIELD ST CARLSBAD CA 92008 FREEBERG FAMILY TRUST 08-15 94 911 IRON HORSE CT SAN MARCOS CA 92078 JOYCE GAMMON 3258 PEARL LN OCEANSIDE CA 92056 HOPPE CASA DEL SOL L L C 6530 EL CAMINO DEL TEATRO LA JOLLA CA 92037 DIANE M COTTO 56 W MIRA MONTE AVE SIERRA MADRE CA 91024 PAT P & MICHELLE E FOURMONT 257 JUNIPER AVE CARLSBAD CA 92008 MARK BROWN 267 JUNIPER AVE CARLSBAD CA 92008 CHESTER E & EILEEN D JAEGER 636 ALAMOSA DR CLAREMONT CA 91711 J & J REAL ESTATE HOLDINGS L LC 2 E STATE ST REDLANDS CA 92373 SERAFIN LLC 4525 ADAMS ST CARLSBAD CA 92008 MELIDEO FAMILY TRUST 05-29- 12 6845 WISH AVE LAKE BALBOA CA 91406 JOHN W & JANET C NEWTON P O BOX 99 SOUTH CHATHAM MA 02659 DANIEL J & JACALYN CIPRIANI 384 HEMLOCK AVE CARLSBAD CA 92008 DANIEL J CROWE 162 VILLA AVE LOS GATOS CA 95030 CAROL MILNE 555 EATON ST #1 OCEANSIDE CA 92054 ANGELA GLORIOSO 364 HEMLOCK AVE CARLSBAD CA 92008 STAVISKI FAMILY TRUST 6634 ORANGEWOOD RD HIGHLAND CA 92346 ROBERT & DONNA FLEMING 2645 BRIGHTON RD CARLSBADCA 92010 mon9 (DAUaAV CHRISTOPHER & BOL CAROLINE E PIELLI 26913 SANTA YNEZ WAY VALENCIA CA 91355 f wiefipa dn-doa asodxe ! o}au{i6uo|8puaa DARRELL G BRUNN 330 HEMLOCK AVE CARLSBAD CA 92008 v«iO9L8/®09I.S aieiduiai g^aAV asn siaae-i «.iaaj Asea AM3AV-OD-008-I. uios'AjeAe'AAmm r ,„dn-d0(| pjoqaj e\ jai^ABi j ep uye ainqaeq e| 9 za||daH Iu3uia6jeq3 ap sues T r 3»0918/®091.S ®AH3AV lueqeS a| zasfij^n I jajed f 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CARLSBAD CA 92008 WILLIAM LANSDALE 318 JUNIPER AVE #8 CARLSBAD CA 92008 ALFRED H & SUSAN C BADGER 207 RAINBOW DR #10795 LIVINGSTON TX 77399 ALLEN D & LAWSON DEBORAH J COUNSELLOR 318 JUNIPER AVE #10 CARLSBAD CA 92008 SCHULTE FAMILY TRUST 06-03- 11 7386 ESCALLONIA CT CARLSBAD CA 92011 LEEKA FAMILY TRUST 02-03-99 4368 HAYMANAVE LA CANADA CA 91 Oil ROBERT J WEINGART 318 JUNIPER AVE #13 CARLSBAD CA 92008 CARL & BILLIE ERB 13875 PHILADELPHIA ST WHITTIER CA 90601 ELVIN E & SUZANNE M YOAKUM 1400 W FRANCIS ST ONTARIO CA 91762 MELINDA CRUM 101 MARKET ST #222 SAN DIEGO CA 92101 GARY I ADLER 258 JUNIPER AVE #A7 CARLSBAD CA 92008 ANTONIO C & YOUNT PATRICIA M MALDI 258 JUNIPER AVE #8A CARLSBAD CA 92008 LEE CRANE P O BOX 1458 CARLSBADCA 92018 ACEE FAMILY 1996 TRUST 3410 CABALLO LN FALLBROOK CA 92028 FORNAL FAMILY TRUST 06-18-91 7677 CALLE HACIENDA HIGHLAND CA 92346 ImO»Z9®AU3AV ® wia6p3 dn-dod asodxa oiau||6uo|epuag jaded pesj T wi09l8/®09l.S a»B|duiai Q>AiaAv asn siaaei ^kiaej Aseq T I I I AII3AV-O9-008-I. uioy/(jaAe*ivuAm 1^ ,„dn-dod pioqaj a| jej^A^j {ep uye ajnipeq e|; za||daH }uauia6jeq} ap suas M • % r 3n09l8/®09I.S ®AII3AV )ueqeB a| zasifj^n i iaiad f S8|pe^ sananbq^p KEVIN WINTERS 3810 ADAMS ST CARLSBAD CA 92008 RAY E JOHNSON 615 CORONA CT VISTA CA 92081 WILMER & CAROLYN NAUMAN 2144 BELLA VISTA DR VISTA CA 92084 JENNIFER MORLEY 254 JUNIPER AVE #A4 CARLSBAD CA 92008 PEREIRA FAMILY TRUST 09-01-00 25142 BLACK HORSE LN LAGUNA HILLS CA 92653 HARRY R JOSEPH 252 JUNIPER AVE #B01 CARLSBADCA 92008 SHERMAN & FORCE COMMUNITY PROPERTY 2004 FORCE 1528 MONTE MARRD VISTA CA 92084 WILLIAM J & ELENA T HERMANSON 1230 SEL MOLINO AVE PASADENA CA91106 ARTHUR E ALLEN 252 JUNIPER AVE #B2 CARLSBADCA 92018 RICHARD H & NANCY G OVERGAAG 213 E SOUTH AVE REDLANDS CA 92373 BRADLEY K BENTON 290 HEMLOCK AVE #B CARLSBAD CA 92008 TIM & KATHY HAUCK 302 HEMLOCK AVE #A CARLSBAD CA 92008 RUSSELL A & MICKIE Y HENSHALL 302 HEMLOCK AVE #B CARLSBAD CA 92008 BRIAN & JOYCE SEIDERMAN 1415 FOREST AVE CARLSBAD CA 92008 KEITH JORDAN 3474 CARLSBAD BLVD CARLSBAD CA 92008 BRIAN & TOBY K JORDAN 3745 TRIESTE DR CARLSBADCA 92010 KEITH M JORDAN 3474 CARLSBAD BLVD CARLSBAD CA 92008 KING FAMILYTRUST 3024 STANFORD AVE MARINA DEL REY CA 90292 MICHAEL F MCCARTY 245 HEMLOCK AVE CARLSBAD CA 92008 SUMMER DAYS LLC 3135 DUSTY TRL ENCINITAS CA 92024 EDMUND R & MARIAN L MOLINAF 285 HEMLOCK AVE CARLSBAD CA 92008 KURT E & REBECCA A HOY POBOX 1911 CARLSBADCA 92018 TERRY & MARIAN GAGNON 24244 NOTTINGHAM CT VALENCIA CA 91355 JEANNE F SANDELL 350 REDWOOD AVE CARLSBAD CA 92008 ODOM FAMILY TRUST 10-02-06 330 REDWOOD AVE CARLSBAD CA 92008 JAMES R VINER 320 REDWOOD AVE CARLSBAD CA 92008 DELMAR TRUST 06-07-05 3720 N ARROWHEAD AVE SN BERNRDNO CA 92405 MARK & PAMELA NOLTE 290 REDWOOD AVE CARLSBAD CA 92008 WEINBERG FAMILY TRUST 09-21- 89 3215 E ABBEY LN ORANGE CA 92867 wxaSpa dn-dod asodxa o)au||Buo|epuaa jaded CHRIS A BUTLER 251 REDWOOD AVE CARLSBAD CA 92008 NiO9L8/(a)09I.S a»e|duiai ^/JBAV esn siaaen <..iaa^ Asea T I AM3AV-OD-008-I. uio3%iaAe'/uuvun r ,„dn-dod pJoqaj a| jai^A^j j ep uye ajnqieq e| f zaydati luaujaBjeqs ap suas • i 3w09k8/®09LS ®Atl3AVl!-ieqe6 3| zasinm I jaiad f saipe^ sauenbii-i LITTLE LIVING TRUST 09-06-07 5201 SHORE DR CARLSBAD CA 92008 JIM S TALEB 1266 TOLKIEN RD RIVERSIDE CA 92506 BRENT & BONNIE WAHL 301 REDWOOD AVE CARLSBAD CA 92008 SUSAN L T BLENDE 301 HEADLANDS CT SAUSALITO CA 94965 DONALD J RHEAD 351 REDWOOD AVE CARLSBAD CA 92008 LUPE C HERRERA 371 REDWOOD AVE CARLSBAD CA 92008 LESTER & MARJORIE WILSON 391 REDWOOD AVE CARLSBAD CA 92008 BRADLEY K WOODWARD 867 MIMOSA AVE VISTA CA 92081 JANIE LYNN JONES 3630 SURFWOOD DR MALIBU CA 90265 HOGAN TRUST A 08-14-87 2171 VIA TECA SAN CLEMENTE CA 92673 PEDRO MUNOZ 350 TAMARACK AVE CARLSBAD CA 92008 ANGELA SEP 310 TAMARACK AVE CARLSBAD CA 92008 SHUSTER FAMILY TRUST 03-03- 99 2090 RIO VISTA DR FALLBROOK CA 92028 WILLIAM L GIRDNER 370 REDWOOD AVE CARLSBAD CA 92008 CHARLES & LAVONN BULES 360 REDWOOD AVE CARLSBAD CA 92008 THOMAS C & JENNIFER N ROSE 33741 HOLTZ HILLRD DANA POINT CA 92629 CHANEY 2004 TRUST 333 HEMLOCK AVE CARLSBAD CA 92008 DANIEL L & JOYCE L COURY 9602 W BUCKEYE RD TOLLESON AZ 85353 MCALLISTER TRUST 05-30-06 440 N GRANADOS AVE SOLANA BEACH CA 92075 JOHN R ETCHELLS 367 HEMLOCK AVE #A CARLSBAD CA 92008 KELLEY K MUNOZ 367 HEMLOCK AVE #B CARLSBAD CA 92008 JOHN A & DENA M DAVIS 367 HEMLOCK AVE #C CARLSBAD CA 92008 365 HEMLOCK B TRUST 10-06-05 25612 BARTON RD #348 LOMA LINDA CA 92354 KENNETH T & DARLENE B MOORE 28452 CERVEZA CT ESCONDIDO CA 92026 RUTH MILAM 3286 JAMES DR CARLSBAD CA 92008 DAVID & JOHANNA MILLER 365 HEMLOCK AVE #D CARLSBAD CA 92008 JUSTIN LANZL 365 HEMLOCK AVE #E CARLSBAD CA 92008 SUE E FOST 363 HEMLOCK AVE #A CARLSBAD CA 92008 HOHMAN FAMILY TRUST OF COSTA MESA 08-07-08 2450 ORANGE AVE COSTA MESA CA 92627 f HxeBps dn-dod asodxa j o)au||Buo|epuag jaded PBSd LONDON FIELDS 116 CAMINO DE LAS FLORES ENCINITAS CA 92024 iNx09l8/®09I.S aie|duJ3i ^AJBAV asn siaaei ...laa.! Asea T I AM3AV-OD-008-t uiorAjaAe'Auuuw I ,„dn-dod pjoqaj a\ jaj^A^j j ap uye ajnipeq e| f za||da)| lU3Uia6jeq3 apsuas . • I i Dw09l8/(»091S ®AU3AV )ueqe6 a| zasintn I jaiad f saipei s^ianbfip CARLSBAD VILLAGE APARTMENTS LLC GABLES RESIDENRIALS BOCA RATON FL 33431 NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD 810 MISSION AVE OCEANSIDE CA 92054 VALDIVIA FAMILY LIVING TRUST 10-25-00 740 TAYLOR DR MONTEREY PARK CA 91755 MARIANNE BREMSETH 520 ANCHOR WAY CARLSBAD CA 92008 GARRY T VOORHEES P O BOX 892497 TEMECULA CA 92589 NEAL H & MELISSA L BUTCHER 460 ANCHOR WAY CARLSBAD CA 92008 ERNEST F ESKAM 180908 EXPERIMENT FARM RD MITCHELL NE 69357 DUSTIN L SIGALL 440 ANCHOR WAY CARLSBAD CA 92008 RICHARD C & DONNA J HADLEY 430 ANCHOR WAY CARLSBAD CA 92008 JANICE C GONZALES 6423 LA VANCO CT CARLSBAD CA 92009 SHEILA H YEANEY 3725 NAUTICAL DR CARLSBAD CA 92008 TINA TEPPER 3745 NAUTICAL DR CARLSBAD CA 92008 LUKE & MARSHA M MONTAGUE 3750 NAUTICAL DR CARLSBAD CA 92008 CHAFEY REVOCABLE TRUST 03- 15-11 3740 NAUTICAL DR CARLSBAD CA 92008 JOHN GUIDO 3730 NAUTICAL DR CARLSBAD CA 92008 ZACHARY O & LINDA C LEIGH 3720 NAUTICAL DR CARLSBAD CA 92008 CELIA R LANDIS 3423 SOUTHWOODDR OCEANSIDE CA 92058 PARTRIDGE FAMILY TRUST OF 2004 12-14-04 3725 HIBISCUS CIR CARLSBAD CA 92008 GEORGE H & IMELDA H EISER 2721 MACKINNON RANCH RD CARDIFF BY THE SE CA 92007 DOROTHY DOUGHTY 3745 HIBISCUS CIR CARLSBAD CA 92008 FREDERICK W & KAY F AB NIEDRICK 3750 HIBISCUS CIR CARLSBAD CA 92008 JOSEPH M ANGUIANO 3740 HIBISCUS CIR CARLSBAD CA 92008 JOHN F VOORHEES 12132 SKYLN SANTA ANA CA 92705 LOREN L & VIRDEL M HENDRIX 3720 HIBISCUS CIR CARLSBAD CA 92008 BRIAN K & SABRINA N LOCHER 3710 HIBISCUS CIR CARLSBAD CA 92008 DONALD 0& SHIRLEY JT CARLSON 14527 W RAVENSWOOD DR SUN CITY WEST AZ 85375 SAYOC FAMILY TRUST 02-03-05 525 ANCHOR WAY CARLSBAD CA 92008 DAVID & SCHRAM NEIL TAYLOR 6200 VIA SUBIDA PALOS VERDES PENI CA 90275 Imo»z9®AyaAV % QUIJADA FAMILY TRUST 05-13-08 3805 NAUTICAL DR CARLSBAD CA 92008 f iue6p3 dn-dod asodxa ! oiau||6uo|epuaa jaded pesd MARK & NANCY REISER 3815 NAUTICAL DR CARLSBAD CA 92008 wi09l.8/®09lS a^eiduiai g/jaAV asn siaaei .n.iaa.1 Asea T I I AM3AV-OD-008-I, uiorAjaAewuvun r ^„dn-dod pJoqaj e| jai^A^j {ap uye ainqDeq e| f zayday tuauja6jeq} ap suas r }w09l.8/®09lS ®AII3AV lueqeB a| zasin^n I jaiad ^ saipei sauanbi)^ ROLAND MAUS 3825 NAUTICAL DR CARLSBAD CA 92008 LEISHA M BATTLES 3835 NAUTICAL DR CARLSBAD CA 92008 MARKLYN J & WENDY D RETZER 3845 NAUTICAL DR CARLSBAD CA 92008 MARY L KOLDEN 10 BLUE JAY DR ALISO VIEJO CA 92656 ROBERT G & LAURA J ANDERSON 2278 PLAZUELA ST CARLSBAD CA 92009 RITA PERFITO 3875 NAUTICAL DR CARLSBAD CA 92008 FRANK R & PATRICIA A ROPER 479 SHARON RD ARCADIA CA 91007 JOSEPH S NAJAR 2248 W 230TH PL TORRANCE CA 90501 JASON & LORI M KULLMANN 3860 NAUTICAL DR CARLSBAD CA 92008 RICHARD L INDRIERI 4992 VIA MARTA CARLSBAD CA 92008 SUSAN WALTERS 3840 NAUTICAL DR CARLSBAD CA 92008 RYAN R & KERRY C KANE 3830 NAUTICAL DR CARLSBAD CA 92008 CHARLES W & JEANNIE COLLINS 615 S NEVADA ST OCEANSIDE CA 92054 PATRICIA S ROBB P O BOX 4564 OCEANSIDE CA 92052 FONTANA FAMILY TRUST 10-16- 87 3287 ALTA LAGUNA BLVD LAGUNA BEACH CA 92651 DULICE A REDEN 87 JAPONICA RD CAPTAIN COOK HI 96704 GEORGE F NASSIF 3835 HIBISCUS CIR CARLSBAD CA 92008 RAYMOND F & JAIME L KAESBAUER 13862 TORREY BELLA CT SAN DIEGO CA 92129 PAWLOWSKI FAMILY TRUST 01- 06-11 19309 ITASCA ST NORTHRIDGE CA 91324 RENE & DOREEN COOKE 3865 HIBISCUS CIR CARLSBAD CA 92008 DAVID J & SORANA CALDWELL 3850 HIBISCUS CIR CARLSBAD CA 92008 ROBERT F PATTEN 3537 N TWIN OAKS VALLEY RD SAN MARCOS CA 92069 LESLIE R & DOROTHY C BLAIR 3830 HIBISCUS CIR CARLSBAD CA 92008 WIEDERKEHR LIVING TRUST 04- 19-05 "3820 HIBISCUS CIR CARLSBAD CA 92008 CARY J & MARY A HARROLD 3810 HIBISCUS CIR CARLSBAD CA 92008 Iwx0i^9®AUaAV Si f Nia6p3 dn-dod asodxa ! o) eu|| 6uo|e puaa jaded peaj • f I wi09l.8/®09lS aiBiduiai ®AiaAV asn siaaei ^laaH Asea I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATiON FROM THE EQUALIZED ASSESSOR'S ROLES. APPLiCATiON NAME AND NUMBER APPLICANT OR APPUCANT'S REPRESENTATIVE BY: t ' y^/OML A//L:>r^Si^ r /^/J^A^CA.^ DATE: DATE: GARFIELD GARFIELD X APN_D OWNERNAME S_HSENO S_STREET S_SFX S_UNIT S_CITY S_STATE S_ZIP 1 204-240-34-00 RESIDENT 369 JUNIPER AVE CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 1 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 2 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 3 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 4 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 5 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 6 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 7 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 8 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 9 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 10 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 11 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 12 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 13 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 342 JUNIPER AVE# 14 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 15 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 16 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 17 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 18 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 19 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 20 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 21 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 22 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 23 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 24 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 25 CARLSBAD CA 92008 16 204-240-24-00 RESIDENT 344 JUNIPER AVE# 26 CARLSBAD CA 92008 17 204-240-25-00 RESIDENT 376 JUNIPER AVE# 1 CARLSBAD CA 92008 17 204-240-25-00 RESIDENT 376 JUNIPER AVE# 2 CARLSBAD CA 92008 17 204-240-25-00 RESIDENT 376 JUNIPER AVE# 3 CARLSBAD CA 92008 17 204-240-25-00 RESIDENT 376 JUNIPER AVE# 4 CARLSBAD CA 92008 17 204-240-25-00 RESIDENT 376 JUNIPER AVE# 5 CARLSBAD CA 92008 17 204-240-25-00 RESIDENT 376 JUNIPER AVE# 6 CARLSBAD CA 92008 17 204-240-25-00 RESIDENT 376 JUNIPER AVE# 7 CARLSBAD CA 92008 17 204-240-25-00 RESIDENT 376 JUNIPER AVE# 8 CARLSBAD CA 92008 17 204-240-25-00 RESIDENT 376 JUNIPER AVE# 9 CARLSBAD CA 92008 17 204-240-25 •00 RESIDENT 376 JUNIPER AVE# 10 CARLSBAD CA 92008 17 204-240-25 •00 RESIDENT 376 JUNIPER AVE# 11 CARLSBAD CA 92008 17 204-240-25 •00 RESIDENT 376 JUNIPER AVE# 12 CARLSBAD CA 92008 17 204-240-25 •00 RESIDENT 376 JUNIPER AVE# 13 CARLSBAD CA 92008 17 204-240-25 -00 RESIDENT 376 JUNIPER AVE# 14 CARLSBAD CA 92008 17 204-240-25 •00 RESIDENT 376 JUNIPER AVE# 15 CARLSBAD CA 92008 17 204-240-25 -00 RESIDENT 376 JUNIPER AVE# 16 CARLSBAD CA 92008 17 204-240-25 -00 RESIDENT 376 JUNIPER AVE# 17 CARLSBAD CA 92008 17 204-240-25 •00 RESIDENT 376 JUNIPER AVE# 18 CARLSBAD CA 92008 17 204-240-25 •00 RESIDENT 376 JUNIPER AVE# 19 CARLSBAD CA 92008 17 204-240-25 •00 RESIDENT 376 JUNIPER AVE# 20 CARLSBAD CA 92008 17 204-240-25 -00 RESIDENT 376 JUNIPER AVE* 21 CARLSBAD CA 92008 17 204-240-25 •00 RESIDENT 376 JUNIPER AVE# 22 CARLSBAD CA 92008 17 204-240-25 •00 RESIDENT 376 JUNIPER AVE# 23 CARLSBAD CA 92008 17 204-240-25 •00 RESIDENT 376 JUNIPER AVE# 24 CARLSBAD CA 92008 17 204-240-25 •00 RESIDENT 376 JUNIPER AVE# 25 CARLSBAD CA 92008 17 204-240-25 •00 RESIDENT 376 JUNIPER AVE# 26 CARLSBAD CA 92008 23 204-240-33 •00 RESIDENT 345 JUNIPER AVE# 1 CARLSBAD CA 92008 23 204-240-33 •00 RESIDENT 345 JUNIPER AVE# 2 CARLSBAD CA 92008 23 204-240-33 •00 RESIDENT 345 JUNIPER AVE# 3 CARLSBAD CA 92008 23 204-240-33 •00 RESIDENT 345 JUNIPER AVE# 4 CARLSBAD CA 92008 23 204-240-33 -00 RESIDENT 345 JUNIPER AVE# 5 CARLSBAD CA 92008 23 204-240-33 •00 RESIDENT 345 JUNIPER AVE# 6 CARLSBAD CA 92008 23 204-240-33 -00 RESIDENT 345 JUNIPER AVE# 7 CARLSBAD CA 92008 23 204-240-33 •00 RESIDENT 345 JUNIPER AVE# 8 CARLSBAD CA 92008 23 204-240-33 •00 RESIDENT 345 JUNIPER AVE# 9 CARLSBAD CA 92008 23 204-240-33 -00 RESIDENT 345 JUNIPER AVE# 10 CARLSBAD CA 92008 23 204-240-33 •00 RESIDENT 345 JUNIPER AVE# 11 CARLSBAD CA 92008 23 204-240-33 -00 RESIDENT 345 JUNIPER AVE# 12 CARLSBAD CA 92008 24 204-240-35 -00 RESIDENT 385 JUNIPER AVE CARLSBAD CA 92008 25 204-240-36 -01 RESIDENT 386 HEMLOCK AVE CARLSBAD CA 92008 26 204-240-36 •02 RESIDENT 384 HEMLOCK AVE CARLSBAD CA 92008 27 204-240-36 -03 RESIDENT 382 HEMLOCK AVE CARLSBAD CA 92008 28 204-240-36 -04 RESIDENT 380 HEMLOCK AVE CARLSBAD CA 92008 29 204-240-37 -01 RESIDENT 364 HEMLOCK AVE CARLSBAD CA 92008 30 204-240-37 -02 RESIDENT 366 HEMLOCK AVE CARLSBAD CA 92008 31 204-240-37 •03 RESIDENT 368 HEMLOCK AVE CARLSBAD CA 92008 32 204-240-37-04 RESIDENT 370 HEMLOCK ST CARLSBAD CA 92008 33 204-240-38-00 RESIDENT 330 HEMLOCK AVE CARLSBAD CA 92008 34 204-240-39-00 RESIDENT 330 HEMLOCK AVE CARLSBAD CA 92008 X APN_D OWNERNAME M_HSENO M DIR M STREET M SFX M UNIT M CITY M STATE M ZIP 1 204-240-34-00 369 JUNIPER ACQLLC 3460 MARRON RD #103 OCEANSIDE CA 92056 2 204-240-01-00 FRANK E & KATHRYN A TALKE POBOX 675514 RANCHO SANTA FE CA 92067 3 204-240-04-00 ELLIS M WILLSON 1120 SILVERADO ST LAJOLLA CA 92037 4 204-240-05-00 GLENN L GOLDMAN 2653 ROOSEVELT ST #D CARLSBAD CA 92008 5 204-240-06-00 T L & EDITH M RHODES 1840 AVOCADO RD OCEANSIDE CA 92054 6 204-240-12-00 THOMAS B & ALEXANDRA STANTON P O BOX 991 LAJOLLA CA 92038 7 204-240-13-00 HEYWORTH FAMILY LTD PARTNERSHIP 539 BROOKS ST LAGUNA BEACH CA 92651 8 204-240-14-00 HEYWORTH FAMILY LTD PARTNERSHIP 539 BROOKS ST LAGUNA BEACH CA 92651 9 204-240-15-00 WILLIAM F HICKS POBOX 1393 RIVERSIDE CA 92502 10 204-240-16-00 3622 GARFIELD STREET LLC 3622 GARFIELD ST CARLSBAD CA 92008 11 204-240-17-00 JAMES P BERAN 25952 VISTA DR W CAPO BEACH CA 92624 12 204-240-18-00 JAMES P BERAN 25952 VISTA DR W CAPO BEACH CA 92624 13 204-240-19-00 THOMAS J HURLEY 3664 GARFIELD ST CARLSBAD CA 92008 14 204-240-20-00 FREEBERG FAMILY TRUST 08-15-94 911 IRON HORSE CT SAN MARCOS CA 92078 15 204-240-22-00 JOYCE GAMMON 3258 PEARL LN OCEANSIDE CA 92056 16 204-240-24-00 GLENN L GOLDMAN 2653 ROOSEVELT ST #D CARLSBAD CA 92008 17 204-240-25-00 HOPPE CASA DEL SOL LLC 6530 EL CAMINO DEL TEATRO LAJOLLA CA 92037 18 204-240-28-00 DIANE M COTTO 56 W MIRA MONTE AVE SIERRA MADRE CA 91024 19 204-240-29-00 PAT P & MICHELLE E FOURMONT 257 JUNIPER AVE CARLSBAD CA 92008 20 204-240-30-00 MARK BROWN 267 JUNIPER AVE CARLSBAD CA 92008 21 204-240-31-00 CHESTER E & EILEEN D JAEGER 636 ALAMOSA DR CLAREMONT CA 91711 22 204-240-32-00 J & J REAL ESTATE HOLDINGS LLC 2 E STATE ST REDLANDS CA 92373 23 204-240-33-00 SERAFIN LLC 4525 ADAMS ST CARLSBAD CA 92008 24 204-240-35-00 MELIDEO FAMILY TRUST 05-29-12 6845 WISH AVE LAKE BALBOA CA 91406 25 204-240-36-01 JOHN W & JANET C NEWTON P O BOX 99 SOUTH CHATHAM MA 2659 26 204-240-36-02 DANIEL J & JACALYN CIPRIANI 384 HEMLOCK AVE CARLSBAD CA 92008 27 204-240-36-03 DANIEL J CROWE 162 VILLA AVE LOS GATOS CA 95030 28 204-240-36-04 CAROL MILNE 555 EATON ST #1 OCEANSIDE CA 92054 29 204-240-37-01 ANGELA GLORIOSO 364 HEMLOCK AVE CARLSBAD CA 92008 30 204-240-37-02 STAVISKI FAMILY TRUST 6634 ORANGEWOOD RD HIGHLAND CA 92346 31 204-240-37-03 ROBERT & DONNA FLEMING 2645 BRIGHTON RD CARLSBAD CA 92010 32 204-240-37-04 CHRISTOPHER & BOL CAROLINE E PIELLI 26913 SANTA YNEZ WAY VALENCIA CA 91355 33 204-240-38-00 DARRELL G BRUNN 330 HEMLOCK AVE CARLSBAD CA 92008 34 204-240-39-00 DARRELL G BRUNN 330 HEMLOCK AVE CARLSBAD CA 92008 35 204-240-40-00 EDWARDS FAMILY TRUST 12-20-04 320 HEMLOCK AVE CARLSBAD CA 92008 36 204-240-43-00 BLACIC FAMILY TRUST 09-11-91 260 HEMLOCK AVE CARLSBAD CA 92008 37 204-240-44-00 STEVEN A & SALLY L BRUTLAG 246 HEMLOCK AVE CARLSBAD CA 92008 38 204-240-45-00 SAMUEL H & COLLEEN S MYERS 11114 E BURMUDA ST CERRITOS CA 90703 39 204-240-46-00 POTZ FAMILY TRUST 09-27-91 3770 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AVE VISTA CA 92081 107 204-270-33-00 JANIE LYNN JONES 3630 SURFWOOD DR MALIBU CA 90265 108 204-270-34-00 HOGAN TRUST A 08-14-87 2171 VIA TECA SAN CLEMENTE CA 92673 109 204-270-35-00 PEDRO MUNOZ 350 TAMARACK AVE CARLSBAD CA 92008 110 204-270-36-00 ANGELA SEP 310 TAMARACK AVE CARLSBAD CA 92008 111 204-270-37-00 SHUSTER FAMILY TRUST 03-03-99 2090 RIO VISTA DR FALLBROOK CA 92028 112 204-270-45-00 WILLIAM L GIRDNER 370 REDWOOD AVE CARLSBAD CA 92008 113 204-270-46-00 CHARLES & LAVONN BULES 360 REDWOOD AVE CARLSBAD CA 92008 114 204-270-47-01 THOMAS C & JENNIFER N ROSE 33741 HOLTZ HILL RD DANA POINT CA 92629 115 204-270-47-02 CHANEY 2004 TRUST 333 HEMLOCK AVE CARLSBAD CA 92008 116 204-270-47-03 DANIEL L & JOYCE L COURY 9602 W BUCKEYE RD TOLLESON AZ 85353 117 204-270-48-00 MCALLISTER TRUST 05-30-06 440 N GRANADOS AVE SOLANA BEACH CA 92075 118 204-270-49-01 JOHN R ETCHELLS 367 HEMLOCK AVE #A CARLSBAD CA 92008 119 204-270-49-02 KELLEY K MUNOZ 367 HEMLOCK AVE #B CARLSBAD CA 92008 120 204-270-49-03 JOHN A & DENA M DAVIS 367 HEMLOCK AVE #C CARLSBAD CA 92008 121 204-270-49-04 365 HEMLOCK B TRUST 10-06-05 25612 BARTON RD #348 LOMA LINDA CA 92354 122 204-270-49-05 KENNETH T & DARLENE B MOORE 28452 CERVEZA CT ESCONDIDO CA 92026 123 204-270-49-06 RUTH MILAM 3286 JAMES DR CARLSBAD CA 92008 124 204-270-49-07 DAVID & JOHANNA MILLER 365 HEMLOCK AVE #D CARLSBAD CA 92008 125 204-270-49-08 JUSTIN LANZL 365 HEMLOCK AVE #E CARLSBAD CA 92008 126 204-270-49-09 SUE E FOST 363 HEMLOCK AVE #A CARLSBAD CA 92008 127 204-270-49-10 HOHMAN FAMILY TRUST OF COSTA MESA 08-07-08 2450 ORANGE AVE COSTA MESA CA 92627 128 204-270-49-11 LONDON FIELDS 116 CAMINO DE LAS FLORES ENCINITAS CA 92024 129 204-280-01-00 CARLSBAD VILLAGE APARTMENTS LLC GABLES RESIDENRIALS BOCA RATON FL 33431 130 204-280-22-00 NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD 810 MISSION AVE OCEANSIDE CA 92054 131 204-280-42-01 VALDIVIA FAMILY LIVING TRUST 10-25-00 740 TAYLOR DR MONTEREY PARK CA 91755 132 204-280-42-02 MARIANNE BREMSETH 520 ANCHOR WAY CARLSBAD CA 92008 133 204-280-42-03 GARRY T VOORHEES P O BOX 892497 TEMECULA CA 92589 134 204-280-42-04 NEAL H & MELISSA L BUTCHER 460 ANCHOR WAY CARLSBAD CA 92008 135 204-280-42-05 ERNEST F ESKAM 180908 EXPERIMENT FARM RD MITCHELL NE 69357 136 204-280-42-06 DUSTIN L SIGALL 440 ANCHOR WAY CARLSBAD CA 92008 137 204-280-42-07 RICHARD C & DONNA J HADLEY 430 ANCHOR WAY CARLSBAD CA 92008 138 204-280-42-08 JANICE C GONZALES 6423 LA VANCO CT CARLSBAD CA 92009 139 204-280-42-09 SHEILA H YEANEY 3725 NAUTICAL DR CARLSBAD CA 92008 140 204-280-42-10 TINA TEPPER 3745 NAUTICAL DR CARLSBAD CA 92008 141 204-280-42-11 TINA TEPPER 3745 NAUTICAL DR CARLSBAD CA 92008 142 204-280-42-12 LUKE & MARSHA M MONTAGUE 3750 NAUTICAL DR CARLSBAD CA 92008 143 204-280-42-13 CHAFEY REVOCABLE TRUST 03-15-11 3740 NAUTICAL DR CARLSBAD CA 92008 144 204-280-42-14 JOHN GUIDO 3730 NAUTICAL DR CARLSBAD CA 92008 145 204-280-42-15 ZACHARY 0 & LINDA C LEIGH 3720 NAUTICAL DR CARLSBAD CA 92008 146 204-280-42-16 CELIA R LANDIS 3423 SOUTHWOOD DR OCEANSIDE CA 92058 147 204-280-42-17 PARTRIDGE FAMILY TRUST OF 2004 12-14-04 3725 HIBISCUS CIR CARLSBAD CA 92008 148 204-280-42-18 GEORGE H & IMELDA H EISER 2721 MACKINNON RANCH RD CARDIFF BY THE SE CA 92007 149 204-280-42-19 DOROTHY DOUGHTY 3745 HIBISCUS CIR CARLSBAD CA 92008 150 204-280-42-20 FREDERICK W & KAY F AB NIEDRICK 3750 HIBISCUS CIR CARLSBAD CA 92008 151 204-280-42-21 JOSEPH M ANGUIANO 3740 HIBISCUS CIR CARLSBAD CA 92008 152 204-280-42-22 JOHN F VOORHEES 12132 SKY LN SANTA ANA CA 92705 153 204-280-42-23 LOREN L & VIRDEL M HENDRIX 3720 HIBISCUS CIR CARLSBAD CA 92008 154 204-280-42-24 BRIAN K & SABRINA N LOCHER 3710 HIBISCUS CIR CARLSBAD CA 92008 155 204-280-42-25 DONALD 0 & SHIRLEY J T CARLSON 14527 W RAVENSWOOD DR SUN CITY WEST AZ 85375 156 204-280-42-26 SAYOC FAMILY TRUST 02-03-05 525 ANCHOR WAY CARLSBAD CA 92008 157 204-280-42-27 DAVID & SCHRAM NEIL TAYLOR 6200 VIA SUBIDA PALOS VERDES PENI CA 90275 158 204-280-43-01 QUIJADA FAMILY TRUST 05-13-08 3805 NAUTICAL DR CARLSBAD CA 92008 159 204-280-43-02 MARK & NANCY REISER 3815 NAUTICAL DR CARLSBAD CA 92008 160 204-280-43-03 ROLAND MAUS 3825 NAUTICAL DR CARLSBAD CA 92008 161 204-280-43-04 LEISHA M BATTLES 3835 NAUTICAL DR CARLSBAD CA 92008 162 204-280-43-05 MARKLYN J & WENDY D RETZER 3845 NAUTICAL DR CARLSBAD CA 92008 163 204-280-43-06 MARY L KOLDEN 10 BLUE JAY DR ALISO VIEJO CA 92656 164 204-280-43-07 ROBERT G & LAURA J ANDERSON 2278 PLAZUELA ST CARLSBAD CA 92009 165 204-280-43-08 RITA PERFITO 3875 NAUTICAL DR CARLSBAD CA 92008 166 204-280-43-09 FRANK R & PATRICIA A ROPER 479 SHARON RD ARCADIA CA 91007 167 204-280-43-10 JOSEPH S NAJAR 2248 W 230TH PL TORRANCE CA 90501 168 204-280-43-11 JASON & LORI M KULLMANN 3860 NAUTICAL DR CARLSBAD CA 92008 169 204-280-43-12 RICHARD L INDRIERI 4992 VIA MARTA CARLSBAD CA 92008 170 204-280-43-13 SUSAN WALTERS 3840 NAUTICAL DR CARLSBAD CA 92008 171 204-280-43-14 RYAN R & KERRY C KANE 3830 NAUTICAL DR CARLSBAD CA 92008 172 204-280-43-15 CHARLES W & JEANNIE COLLINS 615 S NEVADA ST OCEANSIDE CA 92054 173 204-280-43-16 PATRICIA S ROBB P 0 BOX 4564 OCEANSIDE CA 92052 174 204-280-43-17 FONTANA FAMILY TRUST 10-16-87 3287 ALTA LAGUNA BLVD LAGUNA BEACH CA 92651 175 204-280-43-18 DULICE A REDEN 87 JAPONICA RD CAPTAIN COOK HI 96704 176 204-280-43-19 GEORGE F NASSIF 3835 HIBISCUS CIR CARLSBAD CA 92008 177 204-280-43-20 RAYMOND F & JAIME L KAESBAUER 13862 TORREY BELLA CT SAN DIEGO CA 92129 178 204-280-43-21 PAWLOWSKI FAMILY TRUST 01-06-11 19309 ITASCA ST NORTHRIDGE CA 91324 179 204-280-43-22 RENE & DOREEN COOKE 3865 HIBISCUS CIR CARLSBAD CA 92008 180 204-280-43-23 DAVID J & SORANA CALDWELL 3850 HIBISCUS CIR CARLSBAD CA 92008 181 204-280-43-24 ROBERT F PATTEN 3537 N TWIN OAKS VALLEY RD SAN MARCOS CA 92069 182 204-280-43-25 LESLIE R & DOROTHY C BLAIR 3830 HIBISCUS CIR CARLSBAD CA 92008 183 204-280-43-26 WIEDERKEHR LIVING TRUST 04-19-05 3820 HIBISCUS CIR CARLSBAD CA 92008 184 204-280-43-27 CARY J & MARY A HARROLD 3810 HIBISCUS CIR CARLSBAD CA 92008 WIELAND ACOUSTICS noise & vibration consultants WIELAND ACOUSTICS, INC. 1371 Wamer Avenue, Suite A Tustin, CA 92780 Tel: 949.474.1222 www.wielandacoustics.com August 26, 2013 Project File 13.013.00 Mr. Geoff McComic Vesta Pacific Development 1818 First Avenue, Suite 100 San Diego, CA 92101 Subject: Preliminary Train Vibration Analysis for 369 Juniper Avenue Dear Mr. McComic: As requested, I have conducted an initial analysis ofthe vibration levels at the proposed condominium building at 369 Juniper Avenue (Project) due to operations on the nearby Burlington Northern Santa Fe (BNSF) railroad. This railroad is part ofthe Los Angeles-San Diego-San Luis Obispo (LOSSAN) Rail Corridor. The City of Carlsbad does not provide any guidelines or standards for acceptable vibration levels. Therefore, 1 have considered criteria specified by federal agencies for this type of vibration source. Specifically, I have considered the following report: Transit Noise arid Vibratior) Impact Assessment, U.S. Department of Transportation (DOT)/Federal Transit Administration (FTA), Agency Report Number: FTA-VA-90-1003-06, May 2006. The impact criteria provided by the FTA for ground-borne vibration and ground-borne noise at residential buildings are as follows: Ground-Borne Vibration Impact Levels for Residences Ground-Bome Noise Impact Levels for Residences Frequent Events^ Occasional infrequent Frequent Occasional •:'r|vents^ ' Infrequent Events^ 72 VdB 75 VdB 80 VdB 35 dBA 38 dBA 43 dBA Notes: 1. "Frequent Events" is defined as more than 70 vibration events of the same source per day. 2. "Occasional Events" is defined as between 30 and 70 vibration events of the same source per day. 3. "Infrequent Events" is defined as fewer than 30 vibration events of the same kind per day. Based on information we have obtained as part of previous studies along the LOSSAN Corridor, as well as from publicly-available DOT crossing inventory information forthe closest railroad crossing (Crossing # 026822L, which is located approximately 700 feet southeast ofthe Project site), there are between 30 and 70 passenger trains per day and less than 30 freight trains per day going past the Project site. This means that passenger trains should be assessed relative to the "occasional WIELAND VESTA PACIFIC DEVELOPMENT Ar Ol ISTir ^ Train Vibration, 369 Juniper Condos / W, i i Project File 13.013.00 - FINAL ibratinn cnnsii!tan11 events" criteria of 75 VdB for ground-borne vibration 38 dBA for ground-borne noise. Freight trains should be assessed relative to the "infrequent events" criteria of 80 VdB for ground-borne vibration 43 dBA for ground-borne noise. Ground-borne vibration and noise levels below these thresholds would not be considered significant impacts. Wieland Acoustics has previously provided noise and vibration studies for other projects along the same railroad line. This work has included more than 25 vibration measurements of various trains, including both passenger and freight trains, at various distances from the tracks. Based on these measurements, I would estimate the ground-borne vibration levels at the proposed condominium building to be 69 VdB for passenger trains and 74 VdB for freight trains. This is based on a building setback of 202 feet from the center of the railroad tracks, as indicated on the Project plans. Our previous measurements indicate that the peak frequency of the ground-borne vibration is low frequency (i.e., less than 30 Hz, as defined by FTA), which is typical for most surface track. Under these conditions, FTA indicates that ground-borne noise levels will be approximately 50 dB lower than ground-borne vibration levels. This results in estimated ground-borne noise levels of 19 dBA for passenger trains and 24 dBA for freight trains. For passenger trains, the estimated ground-borne vibration level of 69 VdB is 6 VdB below the applicable "occasional events" criterion of 75 VdB; the estimated ground-borne noise level of 19 dBA is 19 dBA below the applicable "occasional events" criterion of 38 dBA. For freight trains, the estimated ground-borne vibration level of 74 VdB is 6 VdB below the applicable "infrequent events" criterion of 80 VdB; the estimated ground-borne noise level of 24 dBA is 19 dBA below the applicable "infrequent events" criterion of 43 dBA. As a result of the preliminary analysis discussed above, 1 do not anticipate that the proposed Project will be subject to a significant adverse vibration impact, as defined by the FTA, as a result of operations on the nearby railroad. Thank you for this opportunity to provide you with acoustical consulting services. If you have any questions, please do not hesitate to call us at 949.474.1222. Sincerely, WIELAND ACOUSTICS, INC. Jonathan Higginson Senior Consultant www.wielandacoustics.com 2 August 26, 2013 WIELAND ACOUSTICS WIELAND ACOUSTICS, INC. 1371 Warner Avenue, Suite A Tustin, CA 92780 Tel: 949.474.1222 noise a vibration consultants www.wielandacoustics.com Noise study for the Proposed Condominium Development at 369 Juniper Avenue in the City of Carlsbad Project File 13.013.00 June 11, 2013 (Revised July 19, 2013) RECEIVED AUG 3 0 2013 CITY OF CARLSBAD PLANNING DIVISION Prepared for: Vesta Pacific Development 1818 First Avenue, Suite 100 San Diego, CA 92101 Prepared by: Jonathan Higginson, Senior Consultant WIELAND VESTA PACIFIC DEVELOPMENT ArOl JQTirQ 369 Juniper Condos / \v„w^..^^! i-^u Project File 13.013.00 - FINAL ibration consultants Table of Contents 1 INTRODUCTION/PROJECT DESCRIPTION 1 2 NOISE STANDARDS 3 2.1 CITYOFCARLSBAD 3 2.2 STATE OF CALIFORNIA NOISE INSULATION STANDARDS 3 3 EXTERIOR NOISE LEVELS 4 3.1 NOISE MEASUREMENTS 4 3.2 NOISE MODELING 4 4 ASSESSMENT OF IMPACT 6 5 PRELIMINARY NOISE CONTROL REQUIREMENTS 6 5.1 EXTERIOR NOISE CONTROL 6 5.2 INTERIOR NOISE CONTROL 8 6 CONCLUSION 11 7 IMPLEMENTATION DISCLAIMER 11 8 REFERENCES 11 List of Tables Table 3-1. Existing and Future Train Volumes on BNSF Railroad Adjacent to Project Site 5 Table 3-2. Estimated Future Exterior Noise Exposures 6 List of Figures Figure 1-1. Location of Project Site 1 Figure 1-2. Proposed Site Plan 2 Figure 5-1. Location of Required Noise Barrier at 2"''-Floor Deck 7 Figure 5-2. Drainage Scupper at 2"''-Floor Deck Barrier 8 Figure 5-3. Acoustical Baffle for Attic Vent 10 List of Appendices Appendix 1. Noise Measurements Appendix II. Exterior Noise Analysis Appendix III. Interior Noise Analysis www.wielandacoustics.com i July 19, 2013 WIEIAND ACOUSTICS contulianii VESTA PACIFIC DEVELOPMENT 369 Juniper Condos Project File 13.013.00 - FINAL 1 Introduction/Project Description The purpose of this study is to provide a preliminary noise analysis for the proposed 4-unit condominium development to be located at 369 Juniper Avenue in the City of Carlsbad, California. The project site is bounded on the northeast by an existing l-story single family home and, beyond that, by the Burlington Northern Santa Fe (BNSF) railroad. On the southeast and southwest the site is bounded by existing 2- and 3-story multifamily residential developments. On the northwest the site is bounded by Juniper Avenue and, beyond that, by existing 2-story multifamily residential developments. The dominant source of noise affecting the project site is the BNSF railroad. This railroad is used by both passenger trains (Amtrak and COASTER) and freight trains (BNSF) and includes a nearby at- grade crossing at Tamarack Avenue, approximately 700 feet southeast of the project site. Refer to Figure 1-1 for the location of the project site and Figure 1-2 for the proposed site plan. Figure 1-1. Location of Project Site www.wielandacoustics.com 1 July 19, 2013 WIEIAND ACOUSTICS noUe & vibration consultants VESTA PACIFIC DEVELOPMENT 369 Juniper Condos Project File 13.013.00 - FINAL JUNIPER AVENUE / ,.l|^tt|!:iic F/gure i-2. Proposed Site Plan www.wielandacoustics.com 2 July 19, 2013 I© WIEIAND VESTA PACIFIC DEVELOPMENT ACOl ICTj("C 369 Juniper Condos L:r;^.<.^„ CO project nie 13.013.00 - FINAL The following report provides a description of the noise standards that apply to the project, an analysis of the future noise environment at the site, an assessment of impact relative to the noise standards, and preliminary noise mitigation recommendations. 2 Noise Standards 2.1 City of Carlsbad The City of Carlsbad's Noise Guidelines Manual [1] identifies the maximum permissible exterior and interior noise levels for residential uses. Exterior noise levels must be mitigated to a community noise equivalent level (CNEL) of 60 dB or less, except for areas impacted by McClellan Palomar Airport, which must be mitigated to 65 dB CNEL or less. It is noted that the project site is well outside ofthe 60 dB CNEL noise contour for McClellan Palomar Airport [2] and, therefore, it is not considered impacted by the airport for the purposes of this study. It is our understanding that, for multi-family developments such as the proposed project, the exterior noise standard applies only to the required outside habitable space (i.e., the square footage of exterior habitable space required by City code for each unit). For this project, the developer has designated the following areas to meet the City's minimum exterior habitable space requirements: a ground floor patio at the Plan 1 unit and 2"''-floor decks at the two Plan 2 units and the Plan 3 unit. Additional exterior space will be provided by 3'^'^-floor decks at each unit and by ground floor yard/patio space at the Plan 1 unit; however, these areas are not subject to the City's noise standards because they are surplus to the minimum exterior habitable space requirements. Interior noise levels must be mitigated to 45 dB CNEL or less when openings to the exterior of the residence are closed. Under certain circumstances, a project may be approved even if exterior or interior noise levels cannot be mitigated to comply with the standards ofthe City's Noise Guidelines Manual. Such approval requires the following findings: "a. The developer of the project has proved to the satisfaction of the Planning Commission or Design Review Board that it is not feasible to comply with the standard. b. The Ptanning Commission or Design Review Board must find that there are specifically Identified overriding social and economic considerations which warrant approval ofthe devetopment even though it does not meet the noise standard. c. Att purchasers of the impacted property shall be notified in writing prior to purchase, and by deed disclosure in writing, that the property they are purchasing is noise impacted and does not meet Carlsbad noise standardsfor residential property." 2.2 State of California Noise Insulation Standards All multifamily projects must comply with the State of California's noise insulation standards (CAC Title 24). The State's Title 24 standards specify that the intrusion of noise from exterior sources (such as trains) shall not exceed a CNEL of 45 dB within the interior of any habitable space. In www.wielandacoustics.com 3 July 19, 2013 WIEIAND VESTA PACIFIC DEVELOPMENT ACOl IQTirS 369 Juniper Condos / .^wo! iv-o Project File 13.013.00 - FINAL I consultants addition, the State standards set minimum ratings for the sound and impact transmission of party wall and floor/ceiling separation assemblies. This report only provides an evaluation of, and recommendations for, the exterior-to-interior requirements of the State standards. It Is the project developer and/or architect's responsibiiity to ensure compliance with the separation assembly requirements ofthe State standards. 3 Exterior Noise Levels As discussed previously, the dominant source of noise affecting the project site is the railroad located to the northeast. The overall noise levels generated bythe railroad are determined by a combination of variables including the type and number of trains, the length and speed of trains, the time of day at which trains pass by, the use of train horns associated with the nearby at-grade crossing at Tamarack Avenue, the distance from the railroad to the project site, and the presence of intervening walls or structures. In order to assess the net result of all these variables on the overall noise exposure, noise levels were measured at the project site. These measurements were then used to calibrate a 3-dimensional computer noise model of the project vicinity (including the railroad, the project site, and the surrounding properties) to the existing noise environment. Available data regarding future proposed train operations, and preliminary site and architectural plans, were then used to update the model to represent the future conditions at the site and estimate future noise levels. The following sections describe the noise measurements and modeling in further detail. 3.1 Noise Measurements In order to document the existing noise environment at the project site, a noise measurement was obtained over an approximately 3-day period (68 hours) between April 30 and May 3, 2013. Average noise levels were logged every hour in order to enable the calculation of the existing CNEL exposure. The measurement microphone was positioned at the setback of the nearest proposed building facade to the railroad at a height of 15' above the ground. This measurement height was selected in orderto minimize the barrier effects ofthe intervening buildings and to be more representative of the upper floors ofthe proposed condominium building. The results ofthe noise measurements, which are tabulated in Appendix 1, indicate an existing noise exposure of 67.0 to 69.8 dB CNEL at this location. The instrumentation used to obtain the noise measurement consisted of an integrating sound level meter (Model 870) and an acoustical calibrator (Model CAL250) manufactured by Larson Davis Laboratories. The accuracy of the calibrator is maintained through a program established by the manufacturer, and is traceable to the National Bureau of Standards. All instrumentation meets the requirements ofthe American National Standards Institute (ANSI) S1.4. 3.2 Noise Modeling The results ofthe on-site noise measurement were used to develop a calibrated 3-dimensional computer noise model ofthe project site utilizing SoundPLAN software. This software takes a www.wielandacoustics.com 4 July 19, 2013 WIELAND USTICS VESTA PACIFIC DEVELOPMENT 369 Juniper Condos Project File 13.013.00 - FINAL number of significant variables into account, including noise source sound power levels, the distance from sources to receivers, the heights of sources and receivers, barrier effects provided by topography or structures, and noise reflected from hard surfaces such as walls and buildings. After the model had been calibrated to the noise measurements for existing conditions, it was updated to represent the future conditions at the site. These updates consisted of the following: 1. Removal of the existing building at the project site. 2. Addition of the proposed condominium building at the project site. 3. Future double-tracking of the railroad in the vicinity of the project site. 4. Future increases in the number of trains using the railroad each day. The changes affecting the on-site buildings were based on the referenced project plans [3 through 11]. The inclusion of future double-tracking was based on publicly available environmental/planning documents [12] for proposed improvements to the Los Angeles-San Diego-San Luis Obispo (LOSSAN) Rail Corridor, which includes the BNSF railroad adjacent to the project site. The estimated increase in rail traffic was determined from existing train timetables and from data provided in the LOSSAN Corridorwide Strategic Implementation Ptan [12]. Table 3-1 summarizes the existing and future train data. Based on the indicated increase of 96% in train volumes, it was estimated that the overall sound power of the railroad would increase by 2.9 dBA. Table 3-1. Existing and Future Train Volumes on BNSF Railroad Adjacent to Project Site Rail Operator/Line Existing Daily Train Volume Future (2030) Daily Train Volume % Increase in Train Volume Amtrak Pacific Surfliner 22 36 64% Metrolink Commuter Service 0 14 . COASTER 22 40 82% BNSF Freight 6 8 33% Total Trains 50 98 96% The results of the analysis for future noise conditions are provided graphically in Appendix 11 and summarized in Table 3-2. The figures in Appendix 11 illustrate the areas at which the exterior noise exposure is below 60 dB CNEL; these areas are shown in blue. www.wielandacoustics.com July 19, 2013 WIEIAND ACOUSTICS noise 6 vibratfors consuitants VESTA PACIFIC DEVELOPMENT 369 Juniper Condos Project File 13.013.00 - FINAL Table 3-2. Estimated Future Exterior Noise Exposures Location Estimated Future Exterior CNEL Northeast building facade 69-73 Southeast building facade 65-70 Southwest building fagade 53 - 61 Northwest building fagade 69 - 70 r'-floor private deck/yard (Plan 1 only) 58 - 69^ 2"'-flpor private decks 53-eo*" 3"'-floor private decks 63 - 68" litotes: a. Includes at least 60 square feet of patio area on the west side of the building with a noise exposure of 60 dB CNEL or less. (See Figure 11-1 for the area that is below 60 dB CNEL, as indicated by the blue noise contour). The remaining patio/yard area Is surplus to the City's minimum exterior habitable space requirements and, therefore, is not subject to the noise starKiards. b. Includes a 6'-high solid barrier around the outside edges of the deck on the southern Plan 3 unit. c. 3"'-floor decks are included for reference only. These spaces are surplus to the City's minimum exterior habitable space requirements and, therefore, are not subject to the noise standards. 4 Assessment of Impact As indicated in Section 3.2, the future railroad noise exposure at the required exterior living areas is estimated to range from 53 to 60 dB CNEL. These noise levels comply with the City's standard of 60 dBCNEL. The future railroad noise exposure at the exterior facades ofthe condominiums is estimated to be up to 73 dB CNEL. Therefore, the building will need to be designed to provide an exterior-to-interior noise reduction of up to 28 dB in order to comply with the City and State's interior standard of 45 dB CNEL. 5 Preliminary Noise Control Requirements The following preliminary recommendations are based on the referenced schematic site and architectural plans. Final noise control recommendations should be prepared during the final engineering stage ofthe design, and should be based on final site and architectural plans. 5.1 Exterior Noise Control E-1. A noise barrier shall be constructed around the perimeter ofthe 2"'^-floor deck ofthe southern Plan 3 unit (i.e., the third unit from Juniper Avenue), as indicated in Figure 5-1. The following criteria shall be observed in the design and construction ofthe barrier: a. The minimum height ofthe barrier shall be 6'0" above the finished floor elevation ofthe deck. b. The barrier shall be constructed of material(s) with a minimum surface density of 4 lbs/ft'^. Such materials include stucco walls, tempered glass, Plexiglas, acrylic, or any combination of www.wielandacoustics.com 6 July 19, 2013 WIEIAND ACOUSTICS noise & vitiration VESTA PACIFIC DEVELOPMENT 369 Juniper Condos Project File 13.013.00 - FINAL these materials. (It is noted that the minimum thickness required to achieve the necessary 4 lbs/ft^ will vary depending on the specific material selected.) c. The barrier shall be placed around the entire exterior perimeter of the deck and shall terminate at the exterior walls of the unit. d. The barriers shall be continuous structures, without gaps or openings, except as necessary at the base of the barrier for drainage. Drainage openings shall be kept to the minimum size possible and shall utilize a scupper, as shown in Figure 5-2. r-TTS-JS 1 Figure 5-1. Location of Required Noise Barrier at 2!"'-Floor Deck www.wielandacoustics.com 7 July 19, 2013 WIEIAND ACOUSTICS vibration consultants VESTA PACIFIC DEVELOPMENT 369 Juniper Condos Project File 13.013.00 - FINAL Patio/Deck Acoustical Sealant at Edge of Scupper Slope Down to Scupper ^ Patio/Deck Construction (refer to architectural plans) Sound Banier Exterior Acoustical Sealant Between Sound Barrier and Scupper \ Scupper Height Dimension to be Same as Scupper Height, Minimum Acoustical Sealant Between Surface and Scupper "G.1. Scupper Figure 5-2. Drainage Scupper at T''-Floor Deck Barrier 5.2 Interior Noise Control l-l. All window and door assemblies used throughout the project shall be well fitted and well weather-stripped. The perimeters of all window and door frames shall be sealed to the exterior wall construction with a weather-resistant sealant. All windows in the northwest, northeast, or southwest building facades shall also be sound rated, with a minimum outdoor-indoor transmission class (OITC) rating of 28. 1-2. All front entry doors throughout the project shall be well weather-stripped solid core wood or insulated hollow metal assemblies at least 1-3/4" thick. 1-3. All exterior walls shall be constructed as follows: a. Minimum 7/8" stucco exterior (where wood or stone veneer siding occurs, it shall be placed over the stucco). b. Stud space filled with minimum R-11 insulation batts. c. Minimum 5/8" gypsum wallboard interior. d. All joints well fitted and/or caulked to form an airtight seal. 1-4. The interior noise standard is to be met in all homes with windows and doors closed. Therefore, ventilation is required in all homes per the Uniform Building Code and Uniform Mechanical Code standards in orderto provide a habitable environment. Wall-mounted air conditioners shall not be used. 1-5. All supply and return ducts to the exterior (including, but not limited to ducts serving HVAC equipment, attic-mounted equipment, bathroom fans, and dryer exhausts) shall have the first v/ww.wielandacoustics.com 8 July 19, 2013 WIEIAND VESTA PACIFIC DEVELOPMENT ArOi IQTirQ 369 Juniper Condos / \v,vy wo I 1 v-vJ Project File 13.013.00 - FINAL on consultants five feet from the exterior of 20-gauge steel duct that is internally lined with one-inch-thick coated glass fiber insulation. For compliance with health and safety requirements, kitchen exhaust ducts should not be lined. Each duct shall include a 90° bend within the first five feet from the exterior such that there is no direct line of sight through the duct. Where a full 90° bend cannot be achieved, two 45° bends in succession (to form a zigzag) may be used such that there is no direct line of sight through the duct. Duct openings shall be oriented away from the railroad. 1-6. Attic vents shall be oriented away from the railroad. If such an orientation cannot be avoided, then an acoustic baffle shall be placed in the attic space behind the vent as shown in Figure 5-3. 1-7. The roof system shall have minimum 3/4" plywood sheathing that is well sealed to form a continuous barrier to noise. Minimum R-19 unfaced fiberglass insulation batts shall be laid throughout the attic space. 1-8. At any penetrations of exterior walls by pipes, ducts or conduits, the space between the wall and pipes, ducts or conduits shall be caulked or filled with mortar to form an airtight seal. 1-9. Except as identified in Items l-l through 1-8 above, there shall be no other openings (through- the-wall or -door mailboxes, vents, etc.) in the exterior northwest, northeast, or southeast facades. www.wielandacoustics.com 9 July 19, 2013 WIELAND ACOUSTICS noise & vibration consultants VESTA PACIFIC DEVELOPMENT 369 Juniper Condos Project File 13.013.00 - FINAL Figure 5-3. Acoustical Baffle for Attic Vent www.wielandacoustics.com 10 July 19, 2013 WIEIAND VESTA PACIFIC DEVELOPMENT ACOl J^TrirS 369 Juniper Condos , V7 A ,^ ' ' "V Project File 13.013.00 - FINAL noise a vihrscion consu tants ^ 6 Conclusion Analysis indicates that the project site is exposed to significant levels of noise as a result of trains on the adjacent BNSF railroad. However, it is concluded that with the preliminary recommendations provided herein, the project can comply with the City's exterior noise standards and the City and State's interior noise standards. Final noise control recommendations should be prepared during the final engineering stage of the design, and should be based on final site and architectural plans. It is noted that, even after the implementation of the final recommendations, passing trains will still be audible within the homes, particularly when they sound their horns. 7 Implementation Disclaimer Wieland Acoustics assumes no responsibility whatsoever for the implementation ofthe recommendations provided in this report, or for the details of construction or the final noise levels fottowing comptetion ofthe project. We are responsible onty for the accuracy of our calculations, which are based on the construction elements detailed in this report. No guarantees or assurances are given or implied. 8 References 1. City ofCarlsbad, Noise Guidelines Manual. City of Carlsbad/Nolte and Associates, Inc. September 1995. 2. Map 3, Noise Element ofthe General Plan - noise contours for McClellan Palomar Airport. City of Carlsbad. Undated. 3. CP-2.pdf- Conceptual Landscape Site Plan for Beachwalk at Juniper. McCullough Landscape Architecture, Inc. May 31, 2013. 4. 70212TM01-SHTl-05-15-2013.pdf-Tentatw/e Parcel Map for Beachwalk at Juniper. SB&O, Inc. Revision Date: May 15, 2013. 5. A-2 5-23-13 1ST & 2ND Ftoor Building Plans.pdf and A-3 5-23-13 3rd Ftoor Building Ptan & Roof Ptan.pdf- building and roof plans. The McKinley Associates, Inc. May 23, 2013. 6. A-4 5-23-13 Building Elevations.pdf- building elevations. The McKinley Associates, Inc. May 23, 2013. 7. 4-7-13 Ftoor Ptans.pdf- schematic floor plans. The McKinley Associates, Inc. April 7, 2013. 8. 4-7-13 Schematic Site Ptan.pdf- schematic site plan. The McKinley Associates, Inc. April 7, 2013. 9. 04-25-13 Schematic Elevations.pdf- schematic building elevations. The McKinley Associates, Inc. April 7, 2013. 10. 70212H 2 Apr 2013-Model.pdf - topographical map of project site and surrounding properties. Provide by Vesta Pacific Development. April 2, 2013. www.wielandacoustics.com 11 July 19, 2013 WIEIAND ACOUSTICS noise & vibration consultants VESTA PACIFIC DEVELOPMENT 369 Juniper Condos Project File 13.013.00 - FINAL 11. Juniper 28 Apr 2013.dxf -3D CAD file, topographical map of project site and surrounding properties. Provided by SB&O, Inc. on April 29,2013. 12. LOSSAN Corridorwide Strategic Implementation Ptan, Finat Report. HNTB. April 2012. 13. Assessment of Noise Environments Around Railroad Operations. Wyle Laboratories Report WCR 73-5. July 1973. www.wielandacoustics.com 12 July 19, 2013 APPENDIX I Noise Measurements Table I-1. Measured Community Noise Equivalent Level, CNEL Project: 369 Juniper Condos, Vesta Pacific Development, 13.013.00 Location: On project site at northeast setback of future building Mic Height: 15' LD 870 S/N: 0157 LD CAL250 Calibrator S/N: 2966 Hourly Noise Hourly Noise 1 Date Level, dBA • .' TSrtle Level, dB(A) CNEL* 4/30/2013 1 PM - 2 PM 61.5 -5/1/2013 11 PM - 12 AM 52.5 67.0 4/30/2013 2 PM - 3 PM 63.4 -5/2/2013 12AM- 1 AM 65.6 67.1 4/30/2013 3 PM - 4 PM 63.9 -5/2/2013 1 AM-2AM 37.8 67.0 4/30/2013 4 PM - 5 PM 65.8 -5/2/2013 2 AM- 3 AM 44.6 67.0 4/30/2013 5 PM - 6 PM 61.0 -5/2/2013 3 AM-4AM 45.1 67.0 4/30/2013 6 PM - 7 PM 66.1 -5/2/2013 4AM- 5 AM 44.8 67.0 4/30/2013 7 PM - 8 PM 62.4 -5/2/2013 5AM-6AM 57.3 67.1 4/30/2013 8 PM - 9 PM 67.2 -5/2/2013 6 AM- 7AM 67.1 68.4 4/30/2013 9 PM- 10 PM 64.2 -5/2/2013 7AM- 8AM 58.0 68.4 4/30/2013 10 PM- 11 PM 45.0 -5/2/2013 8AM- 9AM 63.8 68.4 4/30/2013 11 PM - 12 AM 70.4 -5/2/2013 9AM- 10AM 65.8 68.3 5/1/2013 12 AM- 1 AM 65.1 -5/2/2013 10 AM- 11 AM 63.9 68.3 5/1/2013 1 AM-2AM 56.0 -5/2/2013 11 AM - 12 PM 62.0 68.4 5/1/2013 2AM- 3 AM 44.0 -5/2/2013 12 PM- 1 PM 52.1 68.4 5/1/2013 3 AM-4AM 44.4 -5/2/2013 1 PM - 2 PM 66.8 68.4 5/1/2013 4AM- 5 AM 40.8 -5/2/2013 2 PM - 3 PM 63.2 68.4 5/1/2013 5 AM- 6 AM 54.5 -5/2/2013 3 PM - 4 PM 64.1 68.5 5/1/2013 6AM- 7AM 59.2 -5/2/2013 4 PM - 5 PM 65.4 68.5 5/1/2013 7AM- 8AM 58.2 -5/2/2013 5 PM - 6 PM 59.6 68.5 5/1/2013 8 AM- 9AM 64.7 -5/2/2013 6 PM - 7 PM 65.6 68.6 5/1/2013 9AM- 10 AM 66.8 -5/2/2013 7 PM - 8 PM 62.0 68.3 5/1/2013 10AM- 11 AM 64.6 -5/2/2013 8 PM - 9 PM 67.6 68.8 5/1/2013 11 AM - 12 PM 59.7 -5/2/2013 9 PM- 10 PM 67.0 68.3 5/1/2013 12 PM - 1 PM 50.0 69.5 5/2/2013 10 PM- 11 PM 48.1 68.3 5/1/2013 1 PM - 2 PM 65.3 69.6 5/2/2013 11 PM - 12 AM 56.0 68.4 5/1/2013 2 PM - 3 PM 62.7 69.6 5/3/2013 12 AM- 1 AM 67.2 68.8 5/1/2013 3 PM - 4 PM 55.8 69.5 5/3/2013 1 AM-2AM 54.0 68.9 5/1/2013 4 PM - 5 PM 60.0 69.5 5/3/2013 2 AM- 3 AM 52.3 68.9 5/1/2013 5 PM - 6 PM 60.7 69.5 5/3/2013 3 AM-4AM 52.1 68.9 5/1/2013 6 PM - 7 PM 58.3 69.4 5/3/2013 4AM- 5 AM 55.3 69.0 5/1/2013 7 PM - 8 PM 66.5 69.6 5/3/2013 5AM-6AM 61.4 69.2 5/1/2013 8 PM - 9 PM 54.7 69.3 5/3/2013 6 AM- 7AM 64.0 68.6 5/1/2013 9 PM- 10 PM 70.3 69.8 5/3/2013 7AM-8AM 60.9 68.6 5/1/2013 10 PM- 11 PM 39.5 69.8 5/3/2013 SAM- 9AM 64.9 68.6 Maximum CNEL: 69.8 CNEL values are for the preceeding 24-hour measurement period. Therefore, no CNEL can be reported for the first 23 hours of the measurement. WIELAND ACOUSTICS, INC. APPENDIX II Exterior Noise Analysis Figure II-1. Estimated Future 1st Floor Noise Levels at Project Site CNEL, dB > 75 70 - 75 65 - 70 60 - 65 <= 60 Signs and symbols |\ 1 Buildings J 1st floor deck/yard area 0 10 20 30 Calculation Date: June 11, 2013 WIEIAND ACOUST noise 6 vibration consultants Figure 11-2. Estimated Future 2nd Floor Noise Levels at Project Site CNEL, dB > 75 70 - 75 65 - 70 60 - 65 <= 60 Signs and symbols |\ ^ Buildings 2nd floor decks 6'-high noise barrier 0 10 20 30 Calculation Date: June 11, 2013 ACOUSTICS noise & vibration consultants Figure 11-3. Estimated Future 3rd Floor Noise Levels at Project Site CNEL, dB > 75 70 - 75 65 - 70 60 - 65 <= 60 Signs and symbols |\ ^ Buildings I 3rd floor decks 10 20 Calculation Date: June 11, 2013 6 vibration consultants APPENDIX III Interior Noise Analysis Table lll-l. Calculation of Interior Noise Levels Client: Vesta Pacific Development Case: Bedroom 2, Tandem Unit Project No. Date: 13.013.00 May 15, 2013 NOISE SOURCE: Source # Source Name 3 Train SOUND ABSORPTION: Type Area Material Type Area Material 14 138 Word Parquet In Asphalt on Conci 16 30 24 oz. Glass Operable Windows (Cl 17 138 112" Gypsum Board, Painted 17 346 1 /2" Gypsum Board, Painted 35 55 Padded Furniture PARTITION ELEMENTS: Element NE Facade SE Facade Element Type Area Type Area Type Area WaU 1 63 1 14 Windows Openable 101 30 Fixed Doors Entry Sliding Glass French Wall A/C Miscellaneous EXTERIOR LEVEL: NE Facade SE Facade CNEL 71.1 70.1 INTERIOR LEVEL: Partition #1 Partition #2 Partition #3 Sum CNEL 43.5 29.6 0.0 43.7 Partition Elements are: Element Partition #1 OITC Partition #2 OITC Partition #3 OITC Wall Openable Window Fixed Window Entry Door Sliding Glass Dr. French Door Wall A/C Miscellaneous 37 28 37 • Analysis based on FHWA-EWR method per E966-99, Section 9.72, with 3 dB correction for room center. Table It 1-2. Calculation of Interior Noise Levels Client: Vesta Pacific Development Case: Plan 2 AAaster Bedroom Project No. Date: 13.013.00 May 15, 2013 NOISE SOURCE: Source # Source Name 3 Train SOUND ABSORPTION: Type Area Material Type Area Material 14 183 Word Parquet in Asphalt on Concf 16 75 24 oz. Glass Operable Windov/s (Cl 17 183 1/2" Gypsum Board, Painted 17 359 1/2" Gypsum Board, Painted 35 73 Padded Furniture PARTITION ELEMENTS: Element NW Facade SW Facade Element Type Area Type Area Type Area Wall 1 81 1 61 Windows Openable 101 30 1 45 Fixed Doors Entry Sliding Glass French Wall A/C Miscellaneous EXTERIOR LEVEL: NW Fagade SW Fagade CNEL 70.1 60.9 INTERIOR LEVEL: Partition #1 Partition #2 Partition #3 Sum CNEL 41.9 39.3 0.0 43.8 Partition Elements are: Element Partition #1 OITC Partition #2 OITC Partition #3 OITC Wall Openable Window Fixed Window Entry Door Sliding Glass Dr. French Door WaU A/C Miscellaneous 37 28 37 22 ' Analysis based on FHWA-EWR method per E966-99, Section 9.72, with 3 dB correction for room center. ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: I *-| jzol*^ (To be completed by City) Application Number(s): 3PPt?>-0«^(RjtPl2>'Crr|g.t)P A\/ tS-04 Generallnformation *B<lAJLV^u^i(LllL 1. Name of project: (^ST^e ;/iu ( ijf "^i/1/(^f^ . 2. Name of developer or project sponsor: Address: l^/K A^C 5^V^ /OO City, State, Zip Code: .^n bl^c^d , (^/i ^Z/Q/ Phone Number: ^/^ <^g/ J^R^O V Jtt/ 3. Name of person to be contacted concerning this project: ^jCtS^y /^C^Qy^iK Address: /g/g" /^^ AJ<^ <l*/^ /QO City, State, Zip Code: /}lf-<jd ^Z~/Q I Phone Number: 4. Address of Project: Assessor's Parcel Number: 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regionaL state and federal agencies: > , gf/^ H^M^fi^xA, R//^.rl .cnP P/A/^jiiJ pptLp^'l f^^i^ 6. Existing General Plan Land Use Designation: /^/l 7. Existing zoning district: 8. Existing land use(s): /^esI JgjJT^/J 9. Proposed use of site (Project for which this form is filed): /^^IJ^AJ'^I^ I Project Description 10. Site size: 11. Proposed Building square footage: 12: Numberof floors of construction: O B^z:i7 13. Amount of off-street parking provided: ^ l^Sf/iilei jj ^ Z^Cji^^S^ 14. Associated projects: HjA P-1 (D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: Fo'-^l^ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: 17. If industrial, indicate type, estimated employment per shift, and loading facilities: 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: l^fy^dc ^ s-A'^^' ^ ^^^^ ^jai^/^^ P-1(D) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additionat sheets as necessary). Yes NQ/' 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial • alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or • roads. 22. Change in pattern, scale or character of general area of project. • 23. Significant amounts of solid waste or litter. • 24. Change in dust, ash, smoke, fumes or odors in vicinity. • 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or • alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. • 27. Site on filled land or on slope of 10 percent or more. • 28. Use of disposal of potentially hazardous materials, such as toxic substances, • flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, • etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). • 31. Relationship to a larger project or series of projects. • Environmental Setting Attach sheets that include a response to the fottowing questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibitpf present the data and information required for this initial evaluation to the best of my ability, andJH&U^fe 4*l§, statements, and information presented are true and correct to the best of my knowled^^jj^^^^^^^^,^ Date: Signature: >^ /_ For: ^ L4dl PMlfp \\ltl^P^^/ P-1 (D) Page 4 of 4 Revised 07/10 32. The project site is currently a dilapidated vacant house with several out structures. The site is over grown with weeds and there are several trees on the site. The site slopes gradually from the west to the east with a 4-i- foot change in elevation. The site consists of stable soils. There are no cultural, historical or scenic aspects ofthe site. 33. The properties to the south are three and four unit condominium projects. The units are three stories and are setback 15 feet from the adjoining property line. The site to the east has a vacant single family detached house on it which is setback approximately 10 feet from the adjoining property line. It has a 76 foot frontage along Juniper. The site to the west contains an eight unit two story apartment building with a parking lot. The building is 45-i- feet from the adjoining property line and has a 140 foot frontage along Juniper. To the north across Juniper, there are two separate two story apartment complexes with parking lots. Together, they occupy 235 feet of frontage along Juniper. Ali ofthe sites have some level of landscaping but none are valuable habitat as this is an in fill location. None of the surround buildings contain any significant cultural, historical or scenic aspects. VIEW FROM FRONT VIEW FROM WEST VIEW FROM WEST VIEW FROM EAST VIEW FROM EAST VIEW FROM REAR PROPERTY TO THE EAST < 20-SCtooa . PROPERTY TO THE NORTH PROPERTY TO THE NORTH PROPERTY TO THE WEST CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: PUD 13-07 / SDP 13-04 / CDP 13-16 / MS 13-05 AV 13-04 BUILDING ADDRESS: BEACHWALK AT JUNIPER PROJECT DESCRIPTION: PROPOSED 4 D.U. CONDO PROJECT ON SINGLE LOT ASSESSOR'S PARCEL NUMBER: 204-240-34-00 FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: G. RYAN Date: 10.08.2013 DENIAL Please see the attached report of deficiencies marked with IE]. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: By: By: Date: Date: Date: ATTACHMENTS FIRE DEPARTMENT CONTACT PERSON NAME: ADDRESS: PHONE: 1635 Faraday Ave Carlsbad, CA 92008 (760) 602-4665 COMMENTS REVIEW CHECKLIST SITE PLAN .j STi 2**°^ 3RD1 B • • 1. Access: Fire Lanes. Fire lanes are designated and shall become the responsibility of the developer to have said access restrictions recorded, that the owner is responsible to provide and maintain to identify and ensure enforcement of those designated access. WATER IMPROVEMENT I STB 2^01 3RDii El • • 1. Hydrants • Provide a fire hydrants within 300 feet along public streets and/or private driveways of this project. Hydrants should be located at street intersections when possible, but no closer than 100 feet from the terminus of a street or driveway. FIRE SPRINKLERS 1. An automatic fire sprinkler system is required for this project: 2. Provide notes on all plans submitted for review that indicate that fire sprinklers are required. HI • • 3. Submit fire sprinkler plans to the Fire Department for review. WATER METERS 13 • • 4. You will be required to install a one inch (1") or greater water service and water meter for each D.U. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. It is our strongest recommendation that you consult with a fire sprinkler design professional for an accurate water needs assessment. ^STg 2ND11 3^ HI • • • • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: OCTOBER 7. 2013 APPLICANT: PROJECT NO(S): PUD 13-07/SDP 13-04/CDP 13-16/MS 13-05 PROJECT TITLE: BEACHWALK AT JUNIPER REVIEW NO: VEST PACIFIC DEVELOPMENT, INC/GEOFF McCOMIC TO: Land Development Engineering - David Rick • Public Works (Storm Drain) - Clayton Dobbs • Police Department-J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Jase Warner Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Mike Bliss • School District • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • Public Works Department (Design) - Bill Plummer • Caltrans (Send anything adjacent to 1-5) •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, by 10/28/13. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: yj/mx^ [iily^ ^-(AI larJ cgm^-i^cLC^h^ Pl'^S: ~7 PLANS ATTACHED Signature 10/^h Date Review & Comment 03/13 JG CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: SDP 13-04 / PUD 13-07 / CDP 13-16 / MS 13-05 AV 13-04 BEACHWALK JUNIPER. BUILDING ADDRESS: 369 JUNIPER AV PROJECT DESCRIPTION: NEW MFD ASSESSOR'S PARCEL NUMBER: 204-240-34-00 FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instmctions in this report can result in suspension of permit to build. DENIAL Please see the attached report of deficiencies marked with S. Make necessary corrections to plans or specifications for compliance witli applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: Date: By: G. Ryan By: By: Date: 9.20.2013 Date: Date: ATTACHMENTS FIRE DEPARTMENT CONTACT PERSON NAME: Greg Ryan ADDRESS: PHONE: 1635 Faraday Ave Carlsbad, CA 92008 (760) 602-4665 COMMENTS REVIEW CHECKLIST SITE PLAN .| STu 2^01 3RD1 • • • 1. Access: • Fire Department access. Provide fire access road in accordance with CMC 17.04.010. • Gates. If you are to provide a gate to secure this project, you shall provide a clear opening of 14 feet in width, be provided with Optical pre-emptive sensing equipment and an approved keyed override switch • Alternative road surface. Alternative road surface materials such as turf block or grass crete may be approved by the Chief if; the applicant requests by letter for an approval of the use of Alternate Means and Materials and provide performance specifications and construction details which have been reviewed and certified by a licensed engineer. FIRE SPRINKLERS .j STi 2^°^ 3RD1 • • • 2. Provide notes on all plans submitted for review that indicate which design standard NFPA 13D or NFPA 13R is to be used. WATER METERS 4. You will be required to install a one inch (1") or greater water service and water meter. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. CITY OF ^CARLSBAD Memorandum September 17, 2013 To: Jason Goff, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Engineering Manager Re: IViS 13-05/PUD 13-07/SDP 13-04/CDP 13-16/AV 13-04: BEACHWALK AT JUNIPER ISSUES (2"^" REVIEW) Land Development Engineering has completed a review ofthe above-referenced project for completeness and engineering issues of concern. All items needed for engineering review are provided for determining the application as complete. Engineering issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. Please address the redlined comments on the attached tentative parcel map. 2. Complete the recently revised storm water standards questionnaire. This questionnaire has been revised to reflect the newly adopted state storm water requirements (Order No. R9-2013-0001). Contrary to the results of the previous questionnaire, it appears that this project will now be defined as a priority development project since the answer to questions 5 and 6 is "yes" under the current design. However, based on a total of 7,386 square feet of impervious area per the tentative parcel map, if 2,386 square feet or more of impervious walkway and/or driveway were converted to pervious concrete or other pervious material, then the impervious area would not exceed the threshold of 5,000 square feet and the project would only be subject to standard storm water requirements (not a priority development project). Otherwise, you will need to submit a Storm Water Management Plan (SWMP) with your next submittal and numerically size your storm water best management practices (BMP's) which will result in significantly larger bio-retention basins. If you or the applicant has any questions, please either see or contact me at 602-2781. DAVID RICK Associate Engineer Land Development Engineering Attachment: redlined plans. Storm Water Standards Questionnaire Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carisbadca.gov September 10, 2013 TO: Jason GofF, Associate Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - 2"** Review Beachwalk at Juniper, PUD 13-07, SDP 13-04, CDP 13-16 Juniper Avenue MELA file: 495 - Beachwalk at Jumper - Con2 Landscape Architect: McCullough Landscape Architecture, Phone: (619) 296-3150 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concem. REPEAT COMMENTS 1. Plans are too conceptual to provide an appropriate review. One symbol is used for most shrubs and ground covers which may be very different in size and character. There are several symbols for palms and trees; however it is not clear which species is to be used and the species listed are different in ultimate size and character. Many of the plants listed under Evergreen Flowering Ground Covers are actually shrubs. Please provide a separate symbol for each type of shrub and tree (i.e. large evergreen tree/shrub, medium size tree/shrub, small flowering accent tree/shrub, etc.) and ground covers. Please also resolve plants listed under the Evergreen Flowering Ground Covers heading. Final comments are reserved pending receipt of more complete plans. 2"'' Review: Plans are still too conceptual to allow an appropriate review. As examples, 3 plants are listed under the "Vertical Evergreen Accent Palm/shrub " category. One symbol is usedfor all of these plants which are very different in height and character. 8 trees are listed under the "Shade Canopy Project Theme Tree " category. Two symbols are used for these plants and there is no indication as to which symbol references each tree. The trees are very different in size and character. This same issue occurs with some of the shrub categories. Please provide a separate symbol for each type of shrub and tree as previously requested so that an appropriate review may be performed. 2. Completed. 3. Completed. 4. Civil plans call for grasscrete along the east side of the project. Please coordinate and provide appropriate planting call-outs and symbols. 2" Review: Please specify the plantings to be used in the grass-crete paved areas. 5. Completed. 6. Completed. 7. Parking areas shall be screened from adjacent property or streets through the use of planting or any combination of planting, mounding, and decorative walls. Screening Beachwalk at Juniper September 10, 2013 Conceptual Plan Review Page 2 elements shall have a total height of at least three (3) feet. Please provide on-site screening as appropriate. Clearly indicate the height of the screen from fmish grade of the parking spaces in an elevation. 8. Please indicate positive surface drainage (2% grade in planting areas) away from structures and terminating in an approved drainage system. 9-13 Completed. 14. The Landscape Manual indicates that landscaping shall feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. The Landscape Manual also indicates that landscaping shall be used to accentuate and enhance architecture. Large palms or trees will be needed along all sides of the proposed building. Plans are currently too conceptual to check for these requirements. Please insure these requirements are met and please coordinate with the storm drain located along the west side of the buildings. 2"^^ Review: Plans are still too conceptual to check for these requirements. See comment #1 above. Please also provide large evergreen trees along the south property line at specimen sizes with large evergreen screen shrubs as appropriate to fully screen the project from existing developments to the south. Some larger specimen size plantings are needed in this area to insure immediate screening. The resident of the adjacent property to the south has expressed concern about privacy as it relates to this new project from a ground level vantage and the thirdfloor deck which has visibility down into their property. Current proposed landscaping does not appear to address Landscape Manual requirements or appropriate screening for the adjacent property privacy. Please fully address. 15. Completed. 16. The Landscape Manual indicates that landscaping shall feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Landscaping is needed along the southern and eastem fences/walls. Please address. 2""^ Review: Insufficient landscaping is proposed. Please provide additional landscaping to include wall/fence vines along these property lines. 17-22 Completed. 23 RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) for the next submittal. Please provide a written response to all comments clearly indicating where and how each comment was addressed. NEW COMMENTS 1 A. Sections C and E on sheet 3 of the civil plans do not call for a fence on top of the south retaining wall. Please coordinate. See comment #7. 2A. Please address landscaping up to the back of curb. CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: SEPTEMBER 4. 2013 PROJECT NO(S): SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05/AV 13-04 REVIEW NO: ^ PROJECTTITLE: BEACHWALK AT JUNIPER APPLICANT: VEST PACIFIC DEVELOPMENT, INC/GEOFF McCOMIC TO: Land Development Engineering - David Rick • Public Works (Storm Drain) - Clayton Dobbs • Police Department - J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Jase Warner El Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Mike Bliss • School District • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • Public Works Department (Design) - Bill Plummer • Caltrans (Send anything adjacent to 1-5) •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, bv 9/24/13. Ifyou have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 03/13 JG PROJECT NUMBER: CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PUD 13-07 / SDP 13-04 / CDP 13-16 / MS 13-05 AV 13-04 BUILDING ADDRESS: BEACHWALK AT JUNIPER PROJECT DESCRIPTION: PROPOSED 4 D.U. CONDO PROJECT ON SINGLE LOT ASSESSOR'S PARCEL NUMBER: 204-240-34-00 FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: Date: Pfease see*^ttig_altaeh6d repori of deficiencies marked with [EI. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: G. RYAN By: By: Date: 07.08.2013 Date: Date: ATTACHMENTS COMMENTS FIRE DEPARTMENT CONTACT PERSON NAME: ADDRESS: PHONE: 1635 Faraday Ave Carlsbad, CA 92008 (760) 602-4665 REVIEW CHECKLIST SITE PLAN @ • • 1. Access: Fire Lanes. Fire lanes are designated and shall become the responsibility of the developer to have said access restrictions recorded, that the owner is responsible to provide and maintain to identify and ensure enforcement of those designated access. WATER IMPROVEMENT .| STi 2^''l* 3RDIB m • • 1. Hydrants Provide a fire hydrants within 300 feet along public streets and/or private driveways of this project. Hydrants should be located at street intersections when possible, but no closer than 100 feet from the terminus of a street or driveway. ^ STffl 2NDE1 3RD1 lil • • 1. • • 2. FIRE SPRINKLERS required. HI • • 3. Submit fire sprinkler plans to the Fire Department for review. WATER METERS HI • • 4. You will be required to install a one inch (1") or greater water service and water meter for each D.U. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. It is our strongest recommendation that you consult with a fire sprinkler design professional for an accurate water needs assessment. CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JUNE 17. 2013 APPLICANT: PROJECT NO(S): PUD 13-07/SDP 13-04/CDP 13-16/MS 13-05/AV 13-04 REVIEW NO: 1 PROJECTTITLE: BEACHWALK AT JUNIPER VEST PACIFIC DEVELOPMENT, INC/GEOFF McCOMIC TO: Land Development Engineering-David Rick • Public Works (Storm Drain) - Clayton Dobbs Police Department - J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Jase Warner Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) -Liz Ketabian Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Mike Bliss • School District • Public Works Department (Streets] - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) -John Kim • Sempra Energy - Land Management • Public Works Department (Design) - Bill Plummer • Caltrans (Send anything adjacent to 1-5) •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, bv 7/5/13. Ifyou have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature 7AA ^ Date PLANS ATTACHED Review & Comment 03/13 t!0^ CITY OF ^CARLSBAD Memorandum June 27, 2013 To: Jason Goff, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Engineering Manager Re: IVIS 13-05/PUD 13-07/SDP 13-04/CDP 13-16/AV 13-04: BEACHWALK AT JUNIPER COMPLETE Land Development Engineering has completed a review ofthe above-referenced project for completeness and engineering issues of concern. All items needed for engineering review are provided for determining the application as complete. Engineering issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. Please address the redlined comments on the attached tentative parcel map. If you or the applicant has any questions, please either see or contact me at 602-2781. £>2 DAVID RICK Associate Engineer Land Development Engineering Attachment: redlined plans Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carisbadca.gov June 24, 2013 TO: Jason Goff, Associate Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Oflfice Specialist FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - 1^ Review Beachwalk at Juniper, PUD 13-07, SDP 13-04, CDP 13-16 Juniper Avenue MELA file: 495 - Beachwalk at Juniper - Conl Landscape Architect: McCullough Landscape Architecture, Phone: (619) 296-3150 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concem. 1. Plans are too conceptual to provide an appropriate review. One symbol is used for most shrubs and ground covers which may be very different in size and character. There are several symbols for palms and trees; however it is not clear which species is to be used and the species listed are different in ultimate size and character. Many of the plants listed under Evergreen Flowering Ground Covers are actually shrubs. Please provide a separate symbol for each type of shrub and tree (i.e. large evergreen tree/shrub, medium size tree/shrub, small flowering accent tree/shrub, etc.) and ground covers. Please also resolve plants listed under the Evergreen Flowering Ground Covers heading. Final comments are reserved pending receipt of more complete plans. 2. Turf is not listed in the legend. Please clarify where it is to be used. 3. Please show and label the inflltration areas on the landscape plans and provide appropriate plantings. 4. Civil plans call for grasscrete along the east side of the project. Please coordinate and provide appropriate planting call-outs and symbols. 5. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. Please address. 6. Civil plans call for a proposed fence on top of the east retaining wall. Please provide a conceptual elevation of this fence indicating the proposed overall height and materials. 7. Parking areas shall be screened from adjacent property or streets through the use of planting or any combination of planting, mounding, and decorative walls. Screening elements shall have a total height of at least three (3) feet. Please provide on-site screening as appropriate. Clearly indicate the height of the screen from finish grade of the parking spaces in an elevation. 8. Please indicate positive surface drainage (2% grade in planting areas) away from structures and terminating in an approved drainage system. 9. Please indicate the tree quantities in the legend. Beachwalk at Juniper June 24, 2013 Conceptual Plan Review Page 2 10. Please clarify the size of all shrubs. Plans currently indicate that each shrub is 50% 1 gallon or 50% 5 gallon but do not clarify what the remaining 50% will be for each (i.e. revise to 50% 1 gallon and 50% minimum 5 gallon). 50% of the shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. 11. Generally identify all existing woody plant material to be removed or retained. Trees over 12" in caliper diameter shall be identified on the plan individually as to caliper size and type and labeled to be retained or removed. There is a Pine and Pepper tree that are over 12" in caliper (are either worth saving?). 12. Invasive species shall not be added to a landscaped area. Pride of Madera is listed as an invasive species. Please provide a substitute. 13. Myoporum pacificum has had severe issues with thrip in the Carlsbad area. Please provide a substitute. 14. The Landscape Manual indicates that landscaping shall feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. The Landscape Manual also indicates that landscaping shall be used to accentuate and enhance architecture. Large palms or trees will be needed along all sides of the proposed building. Plans are currently too conceptual to check for these requirements. Please insure these requirements are met and please coordinate with the storm drain located along the west side of the buildings. 15. Please coordinate civil plans with the landscape plans. Check all areas. 16. The Landscape Manual indicates that landscaping shall feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Landscaping is needed along the southern and eastem fences/walls. Please address. 17. Please clarify which areas will be HOA maintained versus private homeowner maintained. 18. The Landscape Manual indicates that landscaping shall be used to provide privacy where appropriate. It is recommended that a fence be provided along the west property line (where none exists on the adjacent site) and south property line to provide privacy. Please address. 19. A minimum of 2 street trees are required. Trees shall be selected from the approved tree replacement list identified in Chapter 6 of the Carlsbad Community Forest Management Plan, unless approved otherwise. Street trees shall be located: a. A minimum of seven (7) feet from any sewer line. b. In areas that do not conflict with public utilities. c. Outside of sight distance areas. d. A minimum of three (3) feet outside the public right of way, unless approved otherwise by the City. Please insure these requirements are met. 20. Please indicate the total square footage of landscape area and provide appropriate water use calculations and other information as required per the Landscape Manual if the total is 2,500 square feet or greater. 21. Please provide a colored or hatched plan clearly showing where recycled water, gra5rwater and potable water are proposed to be used for irrigation. This plan will be reviewed with CMWD and any comments will be forwarded back to the applicant. 22. The plan shall provide that only low volume or subsurface irrigation shall be used to irrigate any vegetation within twenty-four inches of an impermeable surface unless the Beachwalk at Juniper June 24, 2013 Conceptual Plan Review Page 3 adjacent impermeable surfaces are designed and constmcted to cause water to drain entirely into a landscaped area. Please address. 23 RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) for the next submittal. 2014-0495929 lllllllllllilillllllllllllllllllllllllllll RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: Vesta Pacific Development, Inc. 1818 1=^'Ave. SuitelQO San Diego, CA 92101 Attn: R. Geoffrey McComic NOV 13. 2014 4:30 PM OFFICIAL RECORDS SAN DIE60 COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 92.00 PAGES: 26 llllllllllllllillllllllllllllilllllll Above Space for Recorder's Use CONDOMINIUM PUN FOR BEACHWALK AT JUNIPER UNDER CALIFORNIA CIVIL CODE SECTIONS 4120 AND 4285 We, the undersigned, being all of the record owner(s) of, and record holder(s) of security interests in, the real property described in the documents hereinafter mentioned, do hereby certify that: We hereby consent to the recordation of the plan of condominium, pursuant to Section 4285 et seq. of California Civil Code, consisting of; (i) ttie description or survey map of the surface of the land included with the project, as such description is set forth upon or constituted by Parcel 1 in Uie City of Carlsbad Minor Subdivision MS-13-05 "Beachwalk at Juniper", County of San Diego, State of Califomia according to Parcel Map thereof No. 21185 filed in the Office of the County Recorder of San Diego County on November 6, 2014 as Document No. 2014-0484390, as described in the legai description and shown on this Condominium Plan for Beachwalk at Juniper ("Condominium Plan"), attached hereto and incorporated herein; (ii) the diagrammatic fioor plans of the building or buildings built or to be built on said land, as said diagrammatic floor plans are attached to this Certificate, and which diagrammatic fioor plans , are hereby by reference incorporated herein; and (iii) this Certificate. All capitalized terms used herein which are not otherwise defined herein shall have the definitions set forth in the Declaration of Covenants, Conditions and Restrictions of Beachwalk at Juniper to be recorded in the Office of the County Recorder of San Diego County, as the Declaration may from time to time be further amended, modified or supplemented ("Declaration"). OWNER: 369 JUNIPER ACQ., LLC, a California limited liability company Name: R. Geoffrey McComic Its Managing Member SMRH:434954214,1 -1- 40SP-20Z926 RECORDING REQUESTED BY: 369 Juniper Acq., LLC 1818 1^' Ave. Suite 100 San Diego, Ca. 92101 WHEN RECORDED MAIL TO: 369 Juniper Acq., LLC 1818 l^'Ave. Suite 100 San Diego, Ca. 92101 Attn: Geoff McComic k5 \0 DOW 20 III 4-0383 I 43 III 1 SEP 05, 2014 12:53 PM OFFICIAL RECORDS SAN DIEGQ COUNTY RECORDER'S OFFICE ErneslJ. Dronenburg, Jr., COUNTY RECORDER FEES: 4G7.00 WAYS: 2 PAGES: 88 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR "BEACHWALK AT JUNIPER" a Condominium Project TABLE OF CONTENTS RECITALS 1.1. OWNERSHIP OF PROPERTY 1.2. ESTABLISHMENT OF COMMON INTEREST DEVELOPMENT 1.3. DESCRIPTION OF PROJECT 1.3.1. NUMBEROF UNITS 1.3.2. COMMON AREA 1.4. CONDOMINIUM PLAN 1.5. ESTABLISHMENT OF ASSOCIATION 1.6. CONDOMINIUM OWNERSHIP 1.7. NOTICE OF AIRPORT IN VICINITY DECLARATION 2 DEFINITIONS. , \ 2 3.1. APPLICABLE LAW 2 3.2. ARTICLES 2 3.3. ASSOCIATION; HOMEOWNERS ASSOCIATION 2 3.4. BOARD 2 3.5. BYLAWS 2 3.6. CITY 2 3.7. COMMON AREA 2 3.8. COMMON EXPENSE AREAS 3 3.9. COMMON EXPENSES 3 3.10. CONDOMINIUM 4 3.11. CONDOMINIUM BUILDING 4 3.12. CONDOMINIUM DOCUMENTS and/or PROJECT DOCUMENTS 4 3.13. CONDOMINIUM PLAN; PLAN 4 3.14. COUNTY 4 3.15. COUNTY RECORDER 4 3.16. DECLAFJANT 4 3.17. DECLARATION; CC&RS 4 3.18. DWELLING; RESIDENCE 4 3.19. ELIGIBLE INSURER, GUARANTOR 5 3.20. ELIGIBLE MORTGAGE HOLDER 5 3.21. EMERGENCY 5 3.22. EXCLUSIVE USE COMMON AREA 5 3.23. FHA 5 3.24. FHLMC 5 3.25. FIRST MORTGAGE 6 3.26. FIRST MORTGAGEE 6 3.27. FNMA 6 3.28. FIRST MORTGAGE 6 3.29. IMPROVEMENT 6 3.30. INCORPOFiATOR 6 3.31. INSTITUTIONAL MORTGAGEE 6 3.32. INVITEE 6 3.33. LIVING UNIT, UNIT, CONDOMINIUM UNIT; 6 3.34. MAP; SUBDIVISION MAP 6 3.35. MEMBER 6 3.36. MOFn"GAGE 6 3.37. MORTGAGEE 6 3.38. MORTGAGOR 7 3.39. OCCUPANT 7 3.40. OWNER 7 3.41. PERSON 7 3.42. PROJECT; CONDOMINIUM PROJECT 7 3.43. PROPERTY 7 3.44. RESERVE ACCOUNT 7 3.45. RETAIL BUYER 7 3.46. RULE CHANGE 7 3.47. RULE; OPERATING RULE 7 3.48. SEPARATE INTEREST 8 3.49. SOUND ATTENUATION 8 4. OWNERSHIP 4.1. OWNERSHIP OF CONDOMINIUMS 9 4.2. NO SEPAFIATION OF INTERESTS 9 4.3. PARTITION 10 4.4. POWER OF ATTORNEY 10 5, EASEMENTS 10 5.1. NON-EXCLUSIVE EASEMENTS FOR COMMON AREAS 10 5.2. DECLARANT AND ASSOCIATION EASEMENTS 10 5.2.1. OPERATION AND MAINTENANCE 10 5.2.2. UTILITIES; THIRD PARTIES 11 5.3. OWNERS' RIGHTS, DUTIES AND EASEMENTS FOR UTILITIES 11 5.4. ENCROACHMENT 11 5.5. DECLARANTS NON-EXCLUSIVE EASEMENTS 12 5.6. DECLARATION SUBJECT TO EASEMENTS 12 6, DEVELOPMENT RIGHTS 12 6.1. LIMITATION OF RESTRICTIONS 12 6.2. RIGHTS OF ACCESS AND COMPLETION OF IMPROVEMENTS 12 6.2.1. COMMON AREA ACCESS 12 6.2.2. TEMPORARY EXCLUSIVE EASEMENT(S) FOR COMPLETION OF IMPROVEMENTS. 12 6.2.3. CONSTRUCTION AND MARKETING IMPROVEMENTS 12 6.2.4. GRANT EASEMENTS 13 6.2.5. SIZE AND APPEARANCE OF PROJECT 13 6.3. MARKETING RIGHTS 13 6.3.1. GENERAL RIGHTS 13 6.3.2. AGREEMENT FOR EXTENDED USE 14 6.4. DECLARANT RESTORATION OBLIGATION 14 6.5. ASSIGNABILITY OF RIGHTS 14 6.6. AMENDMENT 14 7, PERFORMANCE BOND 14_ 8, THE ASSOCIATION 15 8.1. THE ORGANIZATION 15 8.2. COMMENCEMENT OF ASSOCIATION 15 8.3. INTERIM PERIOD 15 8.4. POWERS AND DUTIES OF THE ASSOCIATION 15 9, MEMBERSHIP, VOTING. FIRST MEETING 16 9.1. MEMBERSHIP IN GENERAL 16 9.2. CLASSES OF VOTING RIGHTS 16 9.2.1. CLASS A 16 9.2.2. CLASSB 16 9.3. COMMENCEMENT OF VOTING RIGHTS 16 9.4. APPROVAL OF MEMBERS 16 9.4.1. VOTE OF MAJORITY 16 9.4.2. WRITING 17 9.4.3. COMBINATION OF VOTES AND WRITING 17 9.5. FIRST MEETING OF THE ASSOCIATION 17 9.6. CLASS A MEMBERS' SELECTION OF ASSOCIATION DIRECTORS 17 9.7. NO PERSONAL LIABILITY OF BOARD MEMBERS 17 10, RIGHTS, POWER AND DUTIES OF ASSOCIATION AND BOARD 17_ 10.1. SUSPEND RIGHTS OF MEMBERS 18 10.2. DEDICATE OR GRANT EASEMENTS 18 10.3. BORROW FUNDS 18 10.4. ASSESSMENTS 18 10.5. RIGHT OF ENFORCEMENT; PENALTIES; NOTICE AND HEARING.. 18 10.5.1. ENFORCEMENT ACTIONS 18 10.5.2. PENALTIES AGAINST MEMBERS 18 10.5.3. RULES AND REGULATIONS 19 10.6. ENTRY BY ASSOCIATION 20 10.7. POWER OF BOARD TO DEFINE AND INTERPRET 20 11, RIGHTS OF OWNERS 20 11.1. RIGHT OF ACCESS AND USE OF DWELLING 20 11.2. RIGHT TO THE USE OF COMMON AREA 21 11.3. NOTICE AND HEARING 21 11.4. APPEAL 21 11.5. DELEGATION OF USE 21 12 ASSESSMENTS 21[ 12.1. COVENANT FOR ASSESSMENTS 21 12.2. FUNDS HELD IN TRUST 22 12.3. PURPOSE OF ASSESSMENTS 22 12.4. REGULAR ASSESSMENTS 22 12.4.1. PAYMENT OF REGULAR ASSESSMENTS 22 12.4.2. BUDGETING 22 12.5. RESTRICTIONS OF TAX EXEMPTION 22 12.6. NON-WAIVER OF ASSESSMENTS 22 12.7. SPECIAL ASSESSMENTS 23 12.8. CAPITAL IMPROVEMENT ASSESSMENT 23 12.9. SINGLE BENEFIT ASSESSMENT 23 12.10. ENFORCEMENT ASSESSMENTS 24 12.11. UNIFORM RATE OF ASSESSMENT 24 12.12. EXCESSIVE ASSESSMENTS OR FEES 24 12.13. COMMENCEMENT OF ASSESSMENTS; DUE DATES 24 12.14. NOTICE AND ASSESSMENT INSTALLMENT DUE DATES 24 12.15. FAILURE TO FIX ASSESSMENTS 24 12.16. LIMITATIONS ON ASSESSMENTS 25 12.17. NOTICE OF ASSESSMENT INCREASE 26 12.18. REDUCTION OR ABATEMENT OF REGULAR ASSESSMENTS 26 12.19. NO OFFSETS 26 12.20. DELINQUENCIES; LATE PENALTIES; INTEREST ON ASSESSMENTS 26 12.21. DEBT OF THE OWNER 26 12.22. ASSOCIATION POLICIES AND PRACTICES RE: DEFAULTS 27 12.22.1. ASSESSMENT DEFAULTS 27 12.22.2. MONETARY PENALTIES AND FEES 29 12.23. COLLECTION OF ASSESSMENTS; LIENS 30 12.23.1. RIGHT TO ENFORCE ASSESSMENTS 30 12.23.2. NOTICE TO OWNER PRIOR TO LIEN OF ASSESSMENT 30 12.23.3. LIEN OF ASSESSMENT 31 12.23.4. NOTICE TO OWNER AFTER LIEN OF ASSESSMENT 31 12.23.5. PAYMENTS UNDER PROTEST 31 12.23.6. RELEASE OF LIEN 31 12.23.7. LIEN ENFORCEMENT; FORECLOSURE PROCEEDINGS 31 12.24. ADDITIONAL CHARGES 32 12.24.1. ATTORNEYS FEES 32 12.24.2. LATE CHARGES 32 12.24.3. COSTS OF SUIT 32 12.24.4. INTEREST 32 12.24.5. OTHER 32 12.25. PRIORITY OF THE LIEN 32 12.26. WAIVER OF EXEMPTIONS 32 12.27. TAXATION AGAINST THE COMMON AREA 32 12.28. PERSONAL LIABILITY OF OWNER 33 12.29. TRANSFER OF CONDOMINIUM 33 12.30. CAPITALIZATION REQUIREMENT 33 12.31. FINANCIAL ACCOUNTS 33 12.32. USE OF RESERVE FUNDS 34 13. USE RESTRICTIONS 34 13.1. USE OF CONDOMINIUMS 34 13.2. LEASE OF DWELLING 34 13.2.1. REQUIREMENTS OF ALL LEASES 34 13.2.2. FAILURE OF TENANT TO COMPLY WITH PROJECT DOCUMENTS 34 13.3. INSURABILITY 35 13.4. PETS 35 13.5. INTERFERENCE OF OTHER OCCUPANTS 36 13.6. SOUND ATTENUATION 36 13.7. VIBRATIONS 37 13.8. SIGNS 37 13.8.1. ON THE COMMON AREA 37 13.8.2. FROM A CONDOMINIUM UNIT 37 13.9. EXTERIOR LIGHTING 37 13.10. ANTENNAS, SATELLITE DISHES 37 13.11. REMODELING THE COMMON AREA 38 13.12. VIEW PRESERVATION 38 13.13. OFFENSIVE ACTIVITIES AND CONDITIONS 38 13.14. GARBAGE AND REFUSE DISPOSAL 38 13.15. WOOD OR STORAGE PILES 39 13.16. FENCES; WALLS 39 13.17. CLOTHESLINES 39 13.18. BALCONY AREA 39 13.19. WINDOW COVERINGS 39 13.20. WATER QUALITY PROTECTION 39 13.21. BOARD PERMITTED TO EXPAND VERTICAL LIMITS 40 13.22. NO CHANGES IN PLUMBING WITHOUT ASSOCIATION APPROVAL 40 13.23. CAR MAINTENANCE AND POWER EQUIPMENT 40 13.23.1. CAR MAINTENANCE 40 13.23.2. POWER EQUIPMENT 40 13.24. USE OF COMMON AREA 41 13.25. EXCLUSIVE OF COMMON AREA BY MEMBER 41 13.26. INTERIOR OF CONDOMINIUMS; MODIFICATIONS; HANDICAPPED ACCESS 41 13.27. EXCLUSIVE USE COMMON AREAS 42 13.28. VEHICLE RESTRICTIONS 43 13.28.1. PROHIBITED VEHICLES 43 13.28.2. RESTRICTED VEHICLES 43 13.28.3. PERMITTED VEHICLES 43 13.28.4. CONSTRUCTION AND SALES VEHICLES 43 13.29. PARKING SPACES 43 13.30. STORAGE AREAS; STORAGE UNITS 43 13.31. TOWING 44 13.32. LIABILITY FOR DAMAGE TO COMMON AREA 44 14. ARCHITECTURAL AND DESIGN CONTROL 44 14.1. RESTRICTED ACTIVITY 44 14.2. PLAN SUBMISSION; REVIEW 45 14.3. BOARD APPROVAL 45 14.4. APPROVED CONDITIONS 45 14.5. EXEMPTED FROM REVIEW 45 14.6. DUTIES 46 14.7. COMPENSATION 46 14.8. FEE FOR REVIEW 46 14.9. ARCHITECTURAL STANDARDS 46 14.10. DESIGN CRITERIA 46 14.11. VARIANCES 47 14.12. ESTOPPEL CERTIFICATE 47 14.13. LIABILITY 47 14.14. ENFORCEMENT 47 14.15. NON-COMPLIANCE WITH LAWS 47 14.16. APPROVAL BY GOVERNMENTAL JURISDICTION 48 15. RESPONSIBILITIES OF MAINTENANCE 48 15.1. GENERAL 48 15.2. OWNER RESPONSIBILITY 48 15.3. OWNER RESPONSIBILITY OF EXCLUSIVE USE COMMON AREAS 48 15.4. DAMAGE FROM WITHIN A UNIT 49 15.5. OWNER'S FAILURE TO MAINTAIN; WILLFUL OR NEGLIGENT ACT 49 15.6. RESPONSIBILITY OF ASSOCIATION 49 15.7. UTILITY FACILITIES: OWNER'S RIGHTS AND DUTIES 50 15.8. ASSOCIATION'S DUTIES REGARDING CERTAIN UTILITY FACILITIES. .. 51 15.9. MOLD 51 15.10. ASSUMPTION OF MAINTENANCE OBLIGATIONS 51 15.11. PROPERTY MANAGEMENT 51 15.12. PROSPECTIVE MANAGING AGENTS 51 15.13. LANDSCAPE MANAGEMENT 52 15.14. USE OF LICENSED CONTRACTORS; WORKFORCE; PERMITS 52 15.15. ASSOCIATION'S FAILURE TO MAINTAIN 52 16. INSURANCE 53 16.1. MASTER INSURANCE POLICY 53 16.1.1. FIRE HAZARD INSURANCE 53 16.1.2. PUBLIC LIABILITY INSURANCE 53 16.1.3. DISHONEST ACTS; FIDELITY BOND 53 16.1.4. WORKERS COMPENSATION INSURANCE 54 16.1.5. OTHER INSURANCE 54 16.1.6. COVERAGE, AMOUNT AND TERM OF INSURANCE 54 16.1.7. OWNER'S INSURANCE 54 16.1.8. FAILURE TO ACQUIRE 55 16.1.9. INSPECTION OF POLICIES 55 16.2. INSURANCE INFORMATION TO MEMBERS 55 16.2.1. GENERAL LIABILITY POLICY 55 16.2.2. DIRECTOR AND OFFICER LIABILITY COVERAGE 55 17. DAMAGE AND DESTRUCTION. 56 17.1. RESTORATION DEFINED 56 17.2. INSURED CASUALTY 56 17.3. SUFFICIENT PROCEEDS 56 17.4. INSUFFICIENT PROCEEDS 56 17.4.1. ADDITIONAL SPECIAL ASSESSMENT 57 17.4.2. ALTERNATIVE RECONSTRUCTION 57 17.4.3. PURCHASE OF UNITS OF AFFECTED OWNERS 57 17.4.4. SALE OF ENTIRE PROJECT 57 17.4.5. JUDICIAL AND FIRST REFUSAL 58 17.5. REBUILDING CONTRACT 58 17.6. RIGHT TO PARTITION 58 17.7. MINOR REPAIR AND RECONSTRUCTION 58 17.8. BOARD'S ACTION 58 18. CONDEMNATION 59 18.1. CONDEMNATION OF A SEPARATE INTEREST 59 18.2. INTERIOR DAMAGE OF A UNIT 59 18.3. CONDEMNATION AND INSURANCE PROCEEDS 59 18.4. DISPUTE RESOLUTION IN RE: INSURANCE, DAMAGE, DESTRUCTION, CONDEMNATION 60 19. RIGHTS OF LENDERS 60 19.1. GENERAL 60 19.2. NO RIGHT OF FIRST REFUSAL 60 19.3. UNPAID DUES OR CHARGES 60 19.4 ACTION REQUIRING MORTGAGEE APPROVAL 60 19.5. PAYMENT OF TAXES AND INSURANCE 61 19.6. PRIORITY OF PROCEED OR AWARD DISTRIBUTION 61 19.7. NOTIFICATION TO ELIGIBLE MORTGAGEE HOLDER 61 19.8. AGREEMENT FOR MANAGEMENT 62 19.9. INSPECTION OF PROJECT DOCUMENTS, BOOKS AND RECORDS 62 19.10. NON-CUFIABLE BREACH 62 19.11. LOAN TO FACILITATE 62 19.12. MORTGAGEES FURNISHING INFORMATION 62 19.13. FINANCIAL STATEMENT 62 19.14. TERMINATION WITHOUT SUBSTANTIAL DESTRUCTION 62 20. CONDOMINIUM PLAN AMENDMENT 62 20.1. AMENDMENT BY ASSOCIATION 62 20.2. RESTRICTIONS AND LIMITATIONS 63 20.3. POWER OF ATTORNEY 63 20.4. INDEMNIFICATION OF OWNERS ON EXERCISE OF POWER OF ATTORNEY. 64 20.5. ENCUMBRANCES TO TAKE SUBJECT TO POWER OF ATTORNEY 64 20.6. EFFECT ON ASSESSMENTS LIENS 64 20.7. AMENDMENT BY DECLARANT 64 21. AMENDMENTS 64_ 21.1. PRIOR TO FIRST LIVING UNIT CONVEYANCE 64 21.2. AFTER CONVEYANCE OF FIRST UNIT 64 21.3. AMENDMENTS FOR TECHNICAL ERRORS, CLARIFICATION AND CHANGES IN LAW 65 22. ENFORCEMENT 66 22.1. TERM 66 22.2. ENFORCEMENT AND NON-WAIVER 66 22.3. NOTICES REGARDING LITIGATION 66 22.4. PROCEDURE FOR ENFORCEMENT BY PARTIES 67 22.5. DECLARANT-RELATED DISPUTE RESOLUTION 67 22.5.1. NOTICE OF ACTIONS AGAINST DECLARANT 67 22.5.2. PRELITIGATION NOTICE TO DECLARANT AND DEVELOPER PARTIES 68 22.5.3. MEET AND CONFER PROCESS 68 22.5.4. NOTICE AND OPPORTUNITY TO CURE 68 22.5.5. ALTERNATIVE DISPUTE RESOLUTION 69 22.5.6 ARBITRATION 70 22.5.7. SEVERABILITY 72 22.5.8. EXCEPTIONS TO MEDIATION AND ARBITRATION; STATUTES OF LIMITATION 72 22.5.9. SURVIVAL; SUCCESSORS AND ASSIGNS 73 22.5.10. NOTICE TO OWNERS OF SETTLEMENT AGREEMENT 73 22.6. MISCELLANEOUS PROVISIONS REGARDING ENFORCEMENT AND LEGAL ACTION 73 22.6.1. FAILURE TO ENFORCE 73 22.6.2. VIOLATION OF LAW 73 22.6.3. GOVERNING LAW 73 23. GENEFIAL PROVISIONS 73 23.1. SEVERABILITY 73 23.2. EXTENSION OF DECLARATION 73 23.3. ANNEXATION 73 23.4. APPROVAL BY FHA AND VA 74 23.5. NOTICE 74 23.5.1. PERSONAL SERVICE; HAND DELIVERY 74 23.5.2. SERVICE BY MAIL, EXPRESS MAIL 74 23.5.3. ELECTRONIC NOTICE 74 23.5.4. GENERAL DELIVERY 74 23.5.5. COMPLETION OF SERVICE 75 23.6. REPORTS TO PROSPECTIVE PURCHASERS; ESTOPPEL CERTIFICATE CIVIL CODE SECTION 1368 75 23.7. NOTIFICATION OF SALE OR CONVEYANCE 76 23.8. EASEMENTS RESERVED AND GRANTED 76 23.9. PROJECT DOCUMENTS 76 23.10. SINGULAR INCLUDES PLURAL 76 23.11. LIBERAL CONSTRUCTION 76 EXHIBIT "A" - LEGAL DESCRIPTION 78N Inn- ^A"'^ DECLARATION is made on the day and year hereinafter written by 369 Jumper Acq., LLC, A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter caHed th~i;j;.' ''''''''' ^-^'-^ iherjantgs gtn RECITALS 1.1 OWNERSHIP OF PROPERTY Declarant is the owner of that certain real property located in the City of Carlsbad, County of San Diego, State of California, more particularly described in Exhibit "A," attached hereto and by this reference made a part hereof (the "Property"). 1.2. ESTABLISHMENT OF COMMON INTEREST DEVELOPMENT. The Property is a "Common Interest Development" established pursuant to the provisions of the Davis-Stirling Common Interest Development Act, more particularly described in California Civil Code Section 4125 as a "Condominium Project" or "Project". Declarant desires and intends to impose on the Property by this Declaration mutually beneficial restrictions, limitations, easements, assessments and liens under a comprehensive plan of improvement and development for the use and management of the Project as a residential Condominium Project called BEACHWALK and for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property for the benefit of all Owners and occupants thereof. 1.3. DESCRIPTION OF PROJECT. 1.3.1. NUMBER OF UNITS. There are four (4) residenttal dwellings within the Property, which are intended to be developed and conveyed as four (4) 'Units" or 'Living Units" in a single phase. 1.3.2. COMMON AREA. In addition to the Living Units, the Condominium Project will consist of "Common Area," which includes (but is not limited to): one (1) Condominium Building, fencing, lighting, including the street lamp on Juniper, walkways, parking spaces, driveway and landscaping. 1.4. CONDOMINIUM PLAN. Declarant has or will hereafter file a Condominium Plan with the County Recorder, covering the Property. The Condominium Plan depicts the Living Units contained therein and their appurtenant Exclusive Use Common Areas contained therein. 1.5. ESTABLISHMENT OF ASSOCIATION. Declarant will cause or has caused the incorporation of the Beachwalk at Juniper Homeowner's Association, a California nonprofit mutual benefit corporation "Association", organized under the Nonprofit Mutual Benefit Corporation Law (California Corporations Code Sections 7110 et seq.), for the purpose of exercising the powers and functions set forth herein. The Association shall act as the management body for the Project, and shall be responsible for the operation, maintenance and control of the Common Area. By virtue of owning a Condominium in the Project, each Owner shall also have a membership in the Association, which membership shall be appurtenant to and pass with title to the Condominium. 1.6. CONDOMINIUM OWNERSHIP. Each Owner shall receive title to (a) a separate interest in space called a "Unit"; (b) an appurtenant undivided one-fourth (1/4th) fractional interest in the Common Area; (c) the exclusive right to use any "Exclusive Use Common Area" appurtenant to such Owner's Unit "Condominium"; (d) membership in the Association; and, (e) membership on the Board. 1.7. NOTICE OF RAILROAD IN VICINITY. This Property is presentty located adjacent to the North County Transit District Railway. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to railroad operations such as noise, vibration, or odors. Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what railroad annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. Pursuant to the City of Carlsbad requirement, a "Notice and Waiver Concerning Railroad Environmentai Impacts" was recorded against the Property by Declarant and is attached and incorporated herein as Exhibit "D". 2. DECLARATION NOW, THEREFORE, Declarant hereby certifies and declares that the Property, and each and every Condominium in it, is, and shall be, held, conveyed, transferred, hypothecated, encumbered, leased, rented, used and occupied subject to the limitations, reservations, covenants, conditions, restrictions, servitudes, easements, liens and charges herein set forth, all of which are declared and agreed to be in furtherance of and pursuant to a general plan for the development and ownership of the Property, and all of which are declared and agreed to be for the purpose of uniformly enhancing, maintaining and protecting the value, attractiveness and desirability of the Property. These provisions are imposed upon Declarant, the Owners and the Association, and shall bind the Owners and the Association. These provisions shall be a burden upon and a benefit to not only the original Owner of each Condominium and the Association, but also to their respective successors and assigns. All covenants are intended as and are declared to be covenants running with the land as well as equitable servitudes upon the land. 3. DEFINITIONS. 3.1. APPLICABLE LAW "Applicable Law(s)" shall mean and refer to any law, regulation, rule, order or ordinance of any governmental or quasi-governmental entity, applicable to the Units or the Project or any portion thereof, or the use or occupancy thereof, now in effect or as hereafter promulgated. 3.2. ARTICLES. "Articles" shall mean and refer to the Articles of Incorporation, including such amendments thereto as may from time to time be made. 3.3. ASSOCIATION; HOMEOWNERS ASSOCIATION. "Association" or "Homeowners Association" shall mean and refer to the BEACHWALK AT JUNIPER HOMEOWNERS ASSOCIATION, a Califomia non-profit mutual benefit corporation, incorporated under the Non-Profit Mutual Benefit Laws of the State of California, its successors and assigns. 3.4. BOARD. "Board" shall mean and refer to the Board of Directors of the Association. 3.5. BYLAWS. "Bylaws" shall mean and refer to the Bylaws of the Association, including such amendments thereto as may from time to time be made. 3.6. CITY. "City" shall mean and refer to the City of Carlsbad, a municipal corporation located in the County of San Diego, State of Califomia. 3.7. COMMON AREA. "Common Area" shall mean and refer to all of the real property and all improvements thereon, except the separate interests in space called Living Units or Units. The Common Area shall be owned by the Owners of Living Units as tenants-in-common in equal share, one (1) for each Living Unit. 3.8 COMMON LANDSCAPE AND DRIVEWAY AREAS. "Common Landscape and Driveway Areas" shall refer to all of the Common Area, excluding the Exclusive Use Yard Area, which is not part of the Condominium Building more particulariy described in Exhibit B. 3.9. COMMON EXPENSE AREAS. "Common Expense Areas" shall mean and refer to all portions of the Project of which the cost and expense of maintenance, repair and replacement is the responsibility of the Association, and shall include, but not be limited to, the following: (a) all Common Area except the Exclusive Use Common Area for which individual Owners are responsible, (b) those portions of a Unit that are designated by this Declaration as the responsibility of the Association, (c) such other improvements or property from time to time designated by the Board as a maintenance, repair or replacement responsibility of the Association. 3.10. COMMON EXPENSES. "Common Expenses" shall mean and refer to the actual and estimated costs and expenses incurred or to be incurred by the Association, including, but not limited to: (a) Maintenance, management, operation, repair and replacement of the Common Expense Areas; (b) Costs and expenses not paid by the Owner responsible for payment, when such costs and expenses are paid by the Association; (c) Maintenance by the Association of areas within the public right-of-way of public streets in the vicinity of the Project as provided in this Declaration or pursuant to agreements with the City or County, if any; (d) Costs of management and administration of the Association, including, but not limited to, compensation paid by the Association to managers, accountants, attorneys and employees; (e) Costs of utilities, trash pickup and disposal, gardening and other services benefiting the Owners and their property to the extent such services are paid for by the Association; (f) The costs of fire, casualty, liability, workers compensation and other insurance covering the Common Area or other property owned by the Association; (g) The costs of any other insurance obtained by the Association pursuant to the provisions of this Declaration; (h) Reasonable reserves as deemed appropriate by the Board; (i) The costs of bonding of the Members of the Board or its delegated committees, any professional managing agent or any other person handling the funds of the Association; (j) Taxes paid by the Association; (k) Amounts paid by the Association for the discharge of any lien or encumbrance levied against the Common Area or portions thereof; (I) Costs incurred by the Board or any of its delegated committees; (m) The costs of any other item or items designated by, or in accordance with other expenses incurred by the Association for any reason whatsoever in connection with the operation or maintenance of the Common Expense Areas, or in furtherance of the purposes or the discharge of any obligation imposed on the Association by this Declaration or other Project Documents. 3.11. CONDOMINIUM. "Condominium" shall mean (a) a separate interest in space called a "Unit"; and (b) an appurtenant undivided one-fourth (1/4th) fractional interest in the Common Area as defined in California Civil Code Section 4125, together with any Exclusive Use Common Area appurtenant to the UniL 3.12. CONDOMINIUM BUILDING. "Condominium Building" shall mean any building structure located on the Property. 3 3.13. CONDOMINIUM DOCUMENTS and/or PROJECT DOCUMENTS. "Condominium Documents and/or Project Documents" means and includes this Declaration and any Exhibits attached hereto, any Supplementary Declaration or Declaration of Annexation, the Condominium Plan, Articles of Incorporation, Bylaws, and any Rules and Regulations established from time to time by the Board or any Committee of the Board, including any amendments to the documents described herein. 3.14. CONDOMINIUM PLAN; PLAN. "Condominium Plan" or "Plan" shall mean and refer to a plan, as it may from time to time be amended, consisting of (a) a description or survey map of the ProjecL which shall refer to or show monumentation on the ground; (b) a three-dimensional descriptton of the ProjecL one or more dimensions of which may extend for an indefinite distance upwards or downwards, in sufficient detail to identify the common areas and each separate interest, and (c) a certificate consenting to the recordation of the condominium plan that is signed and acknowledged by the record owner of fee titie to the Property included in the Project as provide in Civil Code Sectton 4290. 3.15. COUNTY. "County" shall mean and refer to the County of San Diego, California. 3.16. COUNTY RECORDER. "County Recorder" shall mean and refer to the San Diego County Recorder, San Diego County, California. 3.17. DECLARANT. "Declarant" shall mean and refer to by 369 Juniper Acq., LLC, its successors and assigns, if such successors or assigns acquire any or all of the Declarant's interest in the Property for the purpose of development or sale. A successor Declarant shall also be deemed to include the beneficiary under any deed of trust securing an obligation from a tiien existing Declarant encumbering all or any portion of the Property, which beneficiary has acquired any such property by foreclosure, power of sale or deed in lieu of such foreclosure or sale. 3.18. DECLARATION; CC&RS. "Declaratton" or "CC&RS" shall mean and refer to this Declaration, recorded with tiie County Recorder, covering the Property, including such amendments thereto as may from time to time be recorded. 3.19. DWELLING; RESIDENCE. "Dwelling" or "Residence" shall mean a single family residence located within the Property that is used exclusively by the Owner or Occupant thereof for residenttal purposes, including any Exclusive Use Common Areas (i.e. a deck, patto, etc.). 3.20. ELIGIBLE INSURER, GUARANTOR. "Eligible Insurer" and "Eligible Guarantor" shall mean and refer to an insurer or govemmental guarantor who has provided a written request to tiie Homeowners Associatton, to be notified of those matters which such holder is entitied to notice of by reason of this Declaration or the Bylaws of the Association. 3.21. ELIGIBLE MORTGAGE HOLDER. "Eligible Mortgage Holder" shall mean and refer to the holder of a first mortgage or deed of trust on a Condominium, who has provided a written request to the Homeowners Associatton, to be notified of those matters which such holder is entttled to nottce of by reason of this Declaratton or the Bylaws of the Associatton. Such nottce must contain the Condominium number or the street address of the secured Condominium. 3.22. EMERGENCY. "Emergency" is an unforeseen occurrence or conditton calling for immediate actton to 4 avert imminent danger to life, health, or property. 3.23. EXCLUSIVE USE COMMON AREA. "Exclusive Use Common Area," shall mean and refer to those portions of the Common Area to which an exclusive right to use is granted to an Owner of a Separate Interest in space called a Living Unit and is appurtenant and assigned to that Living Unit, as appropriate. Exclusive Use Common Areas are shown on the Condominium Plan by alpha designattons as follows: "D. A." denotes Deck Exclusive Use Common Areas "Y.A." denotes Exclusive Use Yard Areas ( also described in Exhibit "C") "G.E." denotes Parking Space Exclusive Use Common Areas "Exclusive Use Common Area" shall also mean and refer to internal and external telephone wiring, shutters, awnings, window boxes, decks, doorsteps, stoops, patios, porches, landscaping, exterior doors, door and window frames and hardware incident thereto, screens and windows or other fixtures, if any of the foregoing are designed to exclusively serve a single Living UniL but located outside the boundaries of such Living Unit. 3.24. FHA. "FHA" shall mean and refer to the Federal Housing Administration of the United States Department of Housing and Urban Development, including any successors thereto. 3.25. FHLMC. "FHLMC" shall mean and refer to the Federal Home Loan Mortgage Corporation. 3.26. FIRST MORTGAGE. "First Mortgage" shall mean and refer to a Mortgagee which has priority under the recording statutes of the State of California over all other Mortgages encumbering a specific Condominium in the Project. 3.27. FIRST MORTGAGEE. "First Mortgagee" shall mean and refer to the Mortgagee of a First Mortgage. 3.28. FNMA. "FNMA" shall mean and refer to the Federal National Mortgage Association. 3.29. FIRST MORTGAGE. "First Mortgage" shall mean and refer to a First Deed of Trust as well as a First Mortgage. 3.30. IMPROVEMENT. "Improvement" shall mean and refer to all structures and appurtenances thereto of every type and kind, including, but not limited to, buildings, outbuildings, additions, patio covers, tent, umbrellas, screens, awnings, trellis, exterior wiring, paintings of any exterior surfaces of any structure, walkway, pari<ing garage, driveways, fences, screening retaining walls, stairs, landscaping, sprinkler pipes heads, hedges, windbreaks, naturai or artificial trees, shrubs and flowers, poles, masts, antennas, exterior air conditioning, water softener fixtures or equipment, street fumiture, benches, signs, including entry monument signs and community directional signs. 3.31. INCORPORATOR "Incorporator" shall mean and refer to the incorporator of the Association. The Incorporator shall have the right to do all things necessary and proper to perfect the organization of the Association, including, but not limited to: adopting or amending the Bylaws, supplementing or amending this Declaratton, the Condominium Plan, any other Project DocumenL including any respective amendment of any such foregoing Project Document, and taking any other action with respect to the Association not prohibited by Applicable Law. 3.32. INSTITUTIONAL MORTGAGEE. "Institutional Mortgagee" shall mean and refer to a First Mortgagee which is (a) a bank, savings and loan association, insurance or mortgage company or other enttty or institution chartered under federal and/or state law; (b) an insurer or govemmental guarantor of a First Mortgage; (c) any Federal or state agency; (d) the State of Califomia as the vendor under an installment land sales contract covering a Condominium; or (e) any other institution specified by the Board in a recorded instrument who is the Mortgagee of a Mortgage or the beneficiary of a Deed of Trust encumbering a Condominium. 3.33. INVITEE. "Invitee" shall mean and refer to any person whose presence within the Project is approved by or is at the request of a particular Owner, including, but not limited to, lessees, tenants and the family, guests, employees, licensees or invitees of Owners, tenants or lessees. 3.34. LIVING UNIT, UNIT, CONDOMINIUM UNIT. "Living Unit, Unit or Condominium Unit" shall mean and refer to the residential separate interests in space in the Condominium Project which are not owned in common witti the ottier Owners of other separate interests in the Project. Living Units are shown and described on the Condominium Plan by the alpha designation "L-" followed by the numerical designatton ofthe UniL 3.35. MAP; SUBDIVISION MAP. "Map" or "Subdivision Map" shall mean and refer to that certain Subdivision Map filed with the County Recorder, as more particulariy described in Exhibit "A." 3.36. MEMBER. "Member" means an owner of a separate interest who is entitled to membership in the Associatton as provided herein. 3.37. MORTGAGE. "Mortgage" shall mean and refer to a deed of h"ust as well as a mortgage. 3.38. MORTGAGEE. "Mortgagee" shall mean and refer to a beneficiary or a holder of a deed of trust as well as a mortgagee. 3.39. MORTGAGOR. "Mortgagor shall mean and refer to the tnjstor of a Deed of Tmst as well as a mortgagor. 3.40. OCCUPANT "Occupant" shall mean and refer to a Person or natural person who: (a) owns and occupies a Condominium Unit, (b) leases a Condominium Unit from an Owner and occupies the same, or (c) is an invitee of an Owner or such Owner's tenant and who occupies the Condominium UniL 3.41. OFFSITE ASSOCIATION MAINTAINED PROPERTY. "Offsite Association Maintained Property" shall refer to those improvements including hardscape and landscape that are the responsible of the Association to maintain that are in the Public Right of way along the Property's frontage along Juniper. This area is more particularly described in 6 Exhibit B. 3.42 OWNER. "Owner" shall mean and refer to the record Owner, whether one (1) or more persons or entittes, of fee simple tttte to a Condominium. The term "Owner" shall include a seller under an executory contract of sale, but shall exclude Mortgagees. 3.43. PERSON. "Person" shall mean a natural individual, and/or any public or private corporatton, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, associatton, or other enttty and tiie heirs, executors, administrators, legal representatives, successors and assign of any of them, as the context may require, including Owners, who has the legal right to hold tttte to or an interest in real property, including, but not limited to, a leasehold interest or an easement. 3.44. PROJECT; CONDOMINIUM PROJECT. "Project" or "Condominium Project" shall mean and refer to that certain real property described in Exhibit "A" herein that is subject to this Declaratton. 3.45. PROPERTY. "Property" shall mean and refer to that certain real property located in San Diego County, California, more particularly described in Exhibit "A" hereto. 3.46. RESERVE ACCOUNT "Reserve Account shall mean both ofthe following: (a) Moneys that the board has identtfied for use to defray the future repair or replacement of, or additions to, those major components that the association is obligated to maintain; and, (b) The funds received, and not yet expended or disposed of, from either a compensatory damage award or settlement to an associatton from any Person for injuries to property, real or personal, arising from any construction or design defects. These funds shall be separately itemized from funds described in subdivision (a). 3.47. RETAIL BUYER. "Retail Buyer" shall mean and refer to a Person who purchases a Condominium from Declarant for purposes of ownership and use thereof. 3.48. RULE CHANGE "Rule Change" shall mean and refer to the adoption, amendment or repeal of a Rule by Declarant or the Board. 3.49 RULE; OPERATING RULE "Rule(s)" or "Operating Rule(s)" shall mean and refer to a regulation(s) adopted by Declarant or the Board that applies generally to the management and operatton of the Project or the conduct of the business and affairs of the Associatton. Rules may include, but not be limited to, the type, size and number of pets allowed in any one Unit and their comportment within the ProjecL 3.50. SEPARATE INTEREST. "Separate Interest" shall mean and refer to a "Unit" separate interest in space as defined in Civil Code Sectton 4185 and 4125, which is herein also defined as a "Living Unit" or "Condominium Unit". 3.51. SOUND ATTENUATION; In any building structure where there are attached Units, sound may be audible between such Units, particulariy where the sound level of the source is sufficientty high and the background noise in an adjacent Unit is very low. Each Unit Occupant shall endeavor to minimize any noise transmission from such Occupant's Unit, and shall adhere to any of the rules and regulattons set forth in the Associatton Rules which are intended to minimize noise transmission. To minimize the noise transmission from a Unit, each Occupant shall adhere to the following: (a) On demising walls (party walls), acousttcal sealant shall be packed around the point of penetration of all pictures and other decorattve items hung from the walls that require nailing or screwing. No holes or other penetrations shall be made in demising walls other than decorative items, without the permission of the Board. (b) Noise from speakers must be kept at a reasonable level so as not to interfere with other Occupants' enjoyment of their Units. (c) No modificattons shall be made to any Unit which would result in a reduction in the minimum impact insulation class of the Unit. (d) any specific instructions or rules contained within the Project Documents. 4. OWNERSHIP 4.1. OWNERSHIP OF CONDOMINIUMS. Each Condominium in the Project shall be conveyed to an Owner. Ownership of a Condominium shall include: (1) fee simple titie to a separate interest in space called a "Unit" (2) an appurtenant undivided one-fourth (1/4th) fractional interest as tenant-in-common in the "Common Area," (3) the exclusive right to use any "Exclusive Use Common Area" appurtenant to such Owner's Unit as described in this Declaratton and the deed to the Condominium, and (4) a membership in the Associatton. 4.2. NO SEPARATION OF INTERESTS. No Owner may sell, assign, lease or convey his undivided fracttonal interest as tenant-in- common in the Common Area separate and apart from their Unit, nor any portion of, or appurtenance to their Unit apart from the entire Unit. This Article shall not be amended, modified or rescinded until Declarant has conveyed tttte to the last Condominium in the Project to a Retail Buyer or other Person, without (a) the prior written consent of Declarant, and (b) the recording of said written consent witti the County Recorder. 4.3. PARTITION. Each of the Owners of a Condominium, whether such ownership is in fee simple or as a tenant-in-common, is hereby prohibited from partittoning or in any other way severing or separattng such ownership from any of the other ownerships in the Condominium Property, except upon the showing that such partltton is consistent with the requirements of California Civil Code Sectton 4610. 4.4. POWER OF ATTORNEY. The Association is hereby granted an irrevocable power of attomey to sell the Condominium Property for the benefit of all the Owners thereof when partition of the Owners' interests in said Condominium Property may occur as provided herein. The power of attorney herein granted may be exercised upon the vote or written consent of Owners holding an aggregate of sixty-seven percent (67%) of the interest in the Common Area and any two (2) Members of the Board are hereby authorized on behalf of the Association to record a certificate of exercise with the County Recorder, which certificate shall be conclusive evidence thereof in favor of any person relying thereon in good faith. 5. EASEMENTS The ownership interests in the Condominiums described herein are subject to the easements granted and reserved in this Declaratton. Each of the easements reserved or granted herein shall be deemed to be established upon the recordation of this Declaration, unless otherwise provided, and shall thenceforth be deemed to be covenants running with the land for the use and 8 benefit of the Owners and their Condominiums superior to all other encumbrances applied against or in favor of any portion of the Project. Individual grant deeds to Condominiums may, but shall not be required to set forth the easements specified in this Article. 5.1. NON-EXCLUSIVE EASEMENTS FOR COMMON AREAS. Subject to the provisions of tiiis Declaration, every Member of the Association shall have, for himself or herself, and such Member's Invitees, a non-exclusive easement of access, ingress, egress, use and enjoyment of, in, to and over the Common Area. Such easement shall be appurtenant to and shall pass with titte to every Condominium in the Project, subject to the rights and restrictions set forth below. 5.2. DECLARANT AND ASSOCIATION EASEMENTS. 5.2.1. OPERATION AND MAINTENANCE. There is hereby reserved by Declarant for the benefit of Declarant, for so long as Declarant owns one or more Condominiums in tiie Project and granted to the Association, such easements on, over, under, across and through the Property, as may be necessary to service and maintain the Property, or any portion thereof, and to perfonn the respective duties and obligations of Declarant and/or the Association, as the case may be, as set forth in, but not limited to, any contractual agreements and/or warranties with respect to any Improvement in the Property, this Declaration, and the other Project Documents, including any Association Rules and/or architectural standards and their implementatton. 5.2.2. UTILITIES: THIRD PARTIES. Declarant and/or the Association shall have the power to grant and convey in the name of and as attorney-in-fact for any and all Owners — and Declarant on behalf of the Associatton — such easements and rights-of-way on, over, under, across and through the Property, as may be required or needed: (a) to establish an exclusive use easement in favor of one or more Persons; (b) for purposes of consti-ucting, erecting, installing, operating or maintaining: (i) lines, cables, wire, conduits or other devices for electiicity, cable or master antenna television, telephone, computer and other utility transmissions; and (ii) public and private sewers, storni water drains and pipes, water systems, interior and exterior sprinkler systems, heating and gas lines or pipes, and any other similar improvements or facilities, whether public, quasi-public or private. Each Retail Buyer, in accepting a deed to a Unit, expressly consents to such easements and rights of way and authorizes and appoints the Association and Declarant (as long as Declarant owns one or more Units) as attorney-in-fact of such Owner, to execute any and all instruments conveying or creating such easements or rights-of-way. The foregoing notwithstanding, no such easement or right-of-way can be granted if it would pennanentiy interfere with tiie use, occupancy or enjoyment by any Owner of his or her Unit, unless approved in writing by any such "interfered" Owner(s), or, in cases of Common Area, unless approved in writing or by the vote of holders of not less than sixty- seven percent (67%) of the voting rights of each class of membership. 5.3. OWNERS' RIGHTS, DUTIES AND EASEMENTS FOR UTILITIES. Whenever utility facilities (plumbing, heating, electrical and other utility systems) are installed within the Project, or any portion thereof, lie in, upon or over a Unit or Units owned by other than the Ovmer of the Unit served by said utility facilities, the Owner of any such Unit served by said utility facilities shall have the right of reasonable access for themselves, for utility repairmen, for utility companies or the City to repair, replace and generally maintain said utility facilities as and when the same may be necessary. A Unit Owner shall be entitted to reasonable access to the Common Area for the purpose of maintaining internal and external telephone and cable TV wiring servicing such Owners' UniL The access shall be subject to the consent of the Board or its delegated committee, whose approval shall not be unreasonably withheld, and which may include such approval of telephone or cable TV wiring upon exterior Common Areas in tiie Project, and other conditions of the Board. 5.3.1 Whenever utility facilities are installed within the Project which serve more than one Unit, tiie Owner of each Unit served by the utility facilities shall be entitled to the full use and enjoyment of such portions of the utility facilities as service his Unit. In the event of a dispute between Owners with respect to the repair or rebuilding of the utility facilities, or vwth respect to the sharing of the cost thereof, then, upon written request to the Association by an Owner, the matter shall be submitted to ariaitration pursuant to the provisions therefor contained in Article 22 and the decision of the Arbitrator(s) shall be final, conclusive and binding on the parties. 5.4. ENCROACHMENT. There are hereby reserved and granted for the benefit of each Condominium Unit, as dominant tenement, over, under and across each other Condominium Unit and the Common Area, as servient tenements, and for the benefit of the Common Area, as dominant tenement, over, under and across each Condominium Unit, as servient tenement, non-exclusive easements for encroachment, support, occupancy and use of such portions of Condominium Units and Common Area as are encroached upon, used and occupied by the dominant tenement as a result of any original construction design, accretton, erosion, addition, deterioration, decay, errors in original construction, movement, settlement shifting or subsidence of any building, structure, or other improvements or any portion thereof, or any other cause. In the event any portion of the Project is partially or totally destroyed, the encroachment easement shall exist for any replacement structure which is rebuilt pursuant to the original construction design. The easement for the maintenance of the encroaching improvement shall exist for as long as the encroachment exists; provided, however, that no valid easement of encroachment shall be created due to the willful misconduct of the Association or any Owner. Any easement of encroachment may, but need not, be cured by repair and restoration ofthe structure. 5.5. DECLARANT'S NON-EXCLUSIVE EASEMENTS. Subject to a concomitant obligation to restore. Declarant and its sales agents, employees and independent contractors shall have the easements described in Article 5 and the easements described in Article 6. 5.6. DECLARATION SUBJECT TO EASEMENTS. Notwithstanding anything herein expressly or impliedly to the contrary, this Declaration shall be subject to all easements theretofore or hereafter granted by Declarant for the installation and maintenance of utilities and drainage facilities that are necessary for the Project. 6. DEVELOPMENT RIGHTS 6.1. LIMITATION OF RESTRICTIONS. Declarant is undertaking the work of developing Condominiums and other Improvement within the Project. The completton of that work and the mari<ettng, sale, rental and other disposition of the Condominiums is essenttal to the establishment and welfare of the Property as a residenttal community. In order that said work may be completed, and said Project be established as a fully occupied residential community as rapidly as possible, nothing in this Declaration shall be interpreted to deny Declarant the rights set forth in this Article. 6.2. RIGHTS OF ACCESS AND COMPLETION OF IMPROVEMENTS. Until all the Condominiums in the Project are sold and conveyed by Declarant to Retail Buyers or other Persons, or, three (3) years following the date of conveyance of the first Condominium in the Project to a Retail Buyer, whichever occurs first. Declarant, its contractors and subcontractors shall have the rights set forth below. 6.2.1. COMMON AREA ACCESS. Declarant, its contractors and subcontractors shall have the right to obtain reasonable access over and across the Common Area of the Project or do within any Condominium owned by it whatever is reasonably necessary or advisable in connection with the completion of the Project and the marketing and maintenance thereof. 6.2.2. TEMPORARY EXCLUSIVE EASEMENT(S) FOR COMPLETION OF IMPROVEMENTS. Declarant hereby reserves, for the benefit of Declarant and its agents, contractors and employees and other persons authorized by Declarant, the right to establish an 10 exclusive easement over one or more portions of the Common Area where construction activities have not been completed ("Construction Area"). This may include, but not be limited to, completton of landscape installatton and maintenance, painting of Condominium Building, and such other construction and development activities the completion of which either (a) may not fall under any formal evidence of completion such as the recordation of a Notice of Completion, or (b) may not be included or applicable under, or required by a performance bond pursuant to California Code of Regulations Section 2792.4. Notwithstanding anything to the contrary set forth in this Declaratton, Declarant, and not the Associatton, shall be responsible for maintaining those areas where such construction activities take place. Such easement shall be an exclusive easement in favor of Declarant and shall include the right of ingress and egress over, under, upon and across such Construction Area, together with the right of Declarant to deny access to any Owner or any Owners Invitees by fencing, restricting or any other reasonable methoci prior to completion of the construction activities within such Construction Area. 6.2.3. CONSTRUCTION AND MARKETING IMPROVEMENTS. Declarant, its contractors and subcontractors shall have an easement and right to erect, constmct and maintain on the Common Area of the Project or within any Condominium owned by it, such stmctures or improvements ("Constmction and Marketing improvements"), including, but not limited to, sales offices, flags, balloons, banners and signs, as may be reasonably necessary for the conduct of its business to complete the work, establish the Project as a residential community and dispose of the Condominiums by sale, lease or othenMse, as determined by Declarant in its sole discretion and to perform or complete any wori< to Improvement required for Declarant to obtain a release of any bonds posted by Declarant with the City. 6.2.4. GRANT EASEMENTS. Declarant, its contractors and subcontractors shall have the right to establish and/or grant over and across the Common Area such easements and rights of way on, over, under or across all or any part thereof to or for the benefit of the State of California, the City, or any other political subdivision or public organizatton, any public uttlity entity, cable or other television signal provider, or any online computer access provider, for the purpose of constructing, erecting, operating and maintaining facilities and improvements thereon, therein or thereunder at that time or at any time in the future, including: (a) poles, wires and conduits for transmission of electricity, providing telephone, television or online computer services and for the necessary attachments in connection therewith, and (b) public and private sewers, sewage disposal systems, storm water drains, land drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes and any and all equipment in connection therewith. The Common Area shall be subject to any dedication stated in the subdivision map for the Project of an easement for public use for installation, maintenance and operation of facilities for public utilities over all or any part of the Common Area. Said public utilities easement over tiie Common Area shall inure and run to all franchised utility companies and to the City and shall include the right of ingress and egress over the Common Area by vehicles of the City and such utility companies to properiy install, maintain, repair, replace and otherwise service such utility facilities. The grant of said public utility easement shall not be interpreted to imply any obligation or responsibility of any such utility company or the City for maintenance or operation of any of the Common Area or the facilities located thereon or the repair, replacement or reconstruction thereof except as occasioned by such utility companies, the City of the utility facilities for which they are responsible. The Common Area shall also be subject to any easements granted by Declarant to any public or private entity for cellular, cable, computer or other similar transmission lines. Except for lawful and proper fences, structures and facilittes placed upon ttie Common Area by utility companies, the Common Area subject to ttie public uttlity easement shall be kept open and free from buildings and structures. The City and the County, furthemiore, are granted an easement across the Common Area for ingress and egress for use by emergency vehicles of the City and County. 6.2.5. SIZE AND APPEARANCE OF PROJECT. Declarant shall not be prevented from increasing or decreasing the number of Condominium Units that may, pursuant to the provisions of Article 23.3, be annexed to the Project or from changing the exterior appearance of the Condominium Buildings or any other Common Area stmctures, the landscaping or any other Improvement or matter directty or indirectly connected witii the Project in any manner deemed desirable by Declarant, if Declarant obtains such governmental consents therefor as may be required by law. 11 6.3. MARKETING RIGHTS. 6.3.1. GENERAL RIGHTS. Subject to the limitations of this Declaration, Declarant shall have the right to: (a) Maintain model homes, sales offices, storage areas and related facilities in any unsold Condominium Unit or portion of the Common Area as are necessary or reasonable in the opinion of Declarant, for the sale or disposition of the Condominiums; (b) Make reasonable use of the Common Area and facilittes for the sale of Condominiums; (c) Post signs, flags, balloon and banners in connectton with its markettng of Condominiums; and (d) Conduct its business of disposing of Condominiums by sale, lease or otherwise. 6.3.2. AGREEMENT FOR EXTENDED USE. If, following the third (3^^*) anniversary of the conveyance of the first Condominium Unit in the Project to a Retail Buyer, Declarant requires exclusive use of any portion of the Common Area for markettng purposes, Declarant may use the Common Area only if an agreement is entered into between Declarant and the Associatton. The agreement must specifically provide for a limited duratton for such use and must provide for a specific reasonable rate of compensatton to the Associatton by Declarant. Compensation shall be commensurate with the nature, extent and duration of the use proposed by Declarant. In no event, however, shall Declarant be denied the right to use the Common Area, and/or any Condominium Unit owned by Declarant. 6.4. DECLARANT RESTORATION OBLIGATION. (a) Notwithstanding anything herein to the contrary, Declarant, its sales agents, employees and independent contractors shall, in connection with the use ofany Common Area for markettng and dispositton of Condominiums, have a concomitant obligatton to restore to its original condition any portion of the Common Area that may have been damaged as a result of the use thereof by Declarant and/or its related agents. (b) Declarant shall effect any such restoratton within thirty (30) days after tiie eariier to occur of the following: (i) Declarant's conveyance of the last Condominium in the Project to a Retail Buyer; or (ii) three (3) years following the date of conveyance of the first Condominium in the Project to a Retail Buyer, subject to any extension of Declarant's right to use the Common Area for marketing and disposition of Condominiums as provided in Section 6.3.2. (c) In the event that Declarant fails to restore any damage sustained to the Common Area, Declarant shall be liable to the Association for all costs and fees associated with such damage as provided in Section 22.4. 6.5. ASSIGNABILITY OF RIGHTS. The rights of Declarant under this Article may be assigned to any successor(s) by an express assignment in a recorded instrument, including without limitation a deed, option or lease. In the event of any such assignment. Declarant shall be relieved of all liability, duttes or obligattons for restoration of Common Area and Declarant's successor shall be obligated to perform all such duttes and obligattons of Declarant. The foregoing notwithstanding, this Declaratton shall not be construed to limit the right of Declarant at any ttme prior to such assignment to establish additional licenses, reservattons and rights-of-way to itself, to uttlity companies or to others as may be reasonably necessary to the proper development and disposal of property owned by Declarant. 6.6. AMENDMENT. The provisions of this Article may not be amended without the consent of Declarant or 12 its duly authorized successor in interests, and may only be amended by Declarant until such time that all of the Condominium Units in the Project owned by Declarant have been conveyed to Retail Buyers. 7. PERFORMANCE BOND In the event that the Improvement to be installed by Declarant to the Associatton Property have not been completed, and in the further event that the Association is the obligee under a bond to secure performance by the Declarant to complete such Improvement, then if such Improvements have not been completed and a Nottce of Completion not filed within sixty (60) days after the completion date specified in the development plan (or planned constructton statement) appended to the bond, the Board shall consider and vote upon the question of whether or not to bring actton to enforce the obligattons under the bond. If the Association has given an extension in writing for the completton of any such Improvement then the Board shall consider and vote on said questton if such Improvements have not been completed and a Nottce of Completton not filed within thirty (30) days after the expiratton of the extension period. In the event that the Board determines not to take actton to enforce the obligattons secured by the bond, or does not vote on the questton as above provided, then, in either such event, upon petttion signed by Members representtng not less than twenty (20%) of the total voting power of the Association, the Board shall call a special meeting of the Members to consider the question of overriding the decision of the Board or of requiring the Board to take action on the questton of enforcing the obligations secured by the bond. Said meeting of Members shall be held not less than thirty-five (35) days nor more than forty-five (45) days following receipt of the petition. At said meeting a vote of a majority of the voting power of the Members, excluding the vote of Declarant, to take actton to enforce the obligations under the bond shall be deemed to be the decision of the Association, and the Board shall thereafter implement the decision by initiating and pursuing appropriate actton in the name of the Association. 8. THE ASSOCIATION 8.1. THE ORGANIZATION. The Association is a nonprofit mutual benefit corporation formed under the Nonprofit Mutual Benefit Law of the State of California. 8.2. COMMENCEMENT OF ASSOCIATION. The Association shall commence business at such time that a Board of Directors has been elected pursuant to the provisions contained in the Bylaws. 8.3. INTERIM PERIOD. The "Interim Period" shall mean and refer to that period of time from the date of conveyance of the first Condominium to a Retail Buyer in the Project, until the date that a Board of Directors of the Association has been elected by the membership pursuant to the provisions therefor contained in the Bylaws. During the Interim Period, Declarant or its designated agent may operate and handle the affairs for the Common Area of the Project as more fully described in the Bylaws. The foregoing notwithstanding, during the Interim Period, the powers granted to the Association and the Board herein, in the Bylaws and in the other Project Documents, shall inure to the Declarant or its agent. 8.4. POWERS AND DUTIES OF THE ASSOCIATION. The Association, acting through its Board of Directors, shall have all of the powers of a California nonprofit mutual benefit corporation to perform any and all lawful acts which may be necessary or proper for, or incidental to, the exercise of any of the express powers of the Association, as described and subject to the limitations set forth in the Project Documents. 13 9. MEMBERSHIP, VOTING. FIRST MEETING 9.1. MEMBERSHIP IN GENERAL Every Owner of a Condominium shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Condominium. Membership in the Association shall not be transferred, pledged or alienated in any way, except upon the sale of the Condominium to which it is appurtenant, and then only to the purchaser. The transfer of title to a Condominium or the sale of a Condominium and transfer of possession thereof to the purchaser shall automatically transfer the membership appurtenant thereto to the transferee. As a Member of the Association, each Owner is obligated to promptly, fully and faithfully comply with and conform to the Articles, this Declaration, the Bylaws, the architectural standards, and the Rules adopted hereunder from time to time by the Board and officers of the Association. 9.2. CLASSES OF VOTING RIGHTS. The Associatton shall have two (2) classes of vottng membership: 9.2.1. CLASS A. Each Member, other than the Declarant, shall be a Class A member. Class A membership entitles the holder to one (1) vote for each Condominium of which he or she is record owner. If a Condominium is owned by more than one person, each such person shall be a Member of the Association, but there shall be no more than one (1) vote for each Condominium. 9.2.2. CLASS B. The Declarant is a Class B Member. Class B membership enttttes the holder to three (3) votes for each Condominium of which the Declarant is record owner. The Class B membership shall be irreversibly converted to Class A membership on the first to occur of the following: (a) When the total outstanding votes held by the Class A Members are equal to or greaterthan the total outstanding votes held by the Class B Member; or (b) Two (2) years following the conveyance by Declarant of the first Condominium to a Retail Buyer. 9.3. COMMENCEMENT OF VOTING RIGHTS. An Owner's right to vote, including Declarant shall not vest unttl Assessments have been levied upon such Owner's separate interest as provided in this Declaratton. All voting rights shall be subject to the restrictions and limitattons provided for herein and in the Articles and Bylaws. 9.4. APPROVAL OF MEMBERS. Unless speciflcally provided for othenwise, any provision of the Articles and Bylaws requiring the vote or written assent of the Association voting power shall be deemed satisfied by the following: 9.4.1. VOTE OF MAJORITY. The vote of the majority at a meeting duly called and noticed pursuant to the provisions of the Bylaws dealing with annual or special meetings of the Members, unless a provision ofthis Declaration requires a special meeting only; provided, however that such majority must include the specified number of all Members entitied to vote at such meeting and not such a majority of a quorum of those Members present; 9.4.2. WRITING. A writing or writings signed by a majority of the voting power; or 9.4.3. COMBINATION OF VOTES AND WRITING. 14 A combination of votes and written assent, provided that Members shall not change their vote or written assent after it is cast or delivered and provided further that only those written assents executed within sixty (60) days before, or thirty (30) days after a meeting, may be combined with votes cast at such meeting to constitute a majority. 9.5. FIRST MEETING OF THE ASSOCIATION. The first regular meeting ofthe Association shall be held no later than: (a) Forty-five (45) days after the conveyance to a Retail Buyer of the Condominium which represents the fifty-first percentile interest (51%); or (b) No later than six (6) months after the conveyance of the first Condominium in the Project to a Retail Buyer, whichever occurs firsL Thereafter, regular meetings of the Association shall be held in accordance with provisions of the Bylaws. At the first meeting, the Members shall elect the Board of Directors. Election to and removal from the Board shall be by secret written ballot with cumulative voting, as more particulariy described in the Bylaws. 9.6. CLASS A MEMBERS' SELECTION OF ASSOCIATION DIRECTORS. In any election of Directors, commencing on the first regular annual meeting scheduled after the first Condominium is sold to an Owner, other than Declarant, so long as a majority of the voting power of the Association resides in the Declarant, or so long as there are two (2) outstanding classes of membership in the Association, not less than twenty percent (20%) of the Directors shall have been elected solely by the votes of Class A Members, other than the Declarant. Such Class A elected representative may be removed prior to the expiration of his or her temn of office only by a vote of at least a simple majority of the Members, excluding the DeclaranL 9.7. NO PERSONAL LIABILITY OF BOARD MEMBERS. No member of the Board, or of any committee of the Association, or any officer of the Association, or any manager, or Declarant, or any agent of Declarant shall be personally liable to any Owner, or to any other party, including the Association, for any error or omission of the Association, the Board, its authorized agents or employees or its delegated committee, if such person or entity has, on the basis of such information as may be possess by him or it acted in good faith without willful or intentional misconducL In addition to the foregoing, as more particularly specified in California Civil Code Section 5800, or any successor statute or law, any person who suffers bodily injury, including, but not limited to, emotional distress or wrongful death as a result of the tortious act or omission of a member of the Board who resides in the Project either as a tenant or as an Owner of no more than two (2) Condominiums, and who, at tiie time of the act or omission, was a "volunteer' as defined in California Civil Code Section 5800, or any successor statute or law, shall not recover damages from such Board member, if such Board member committed the act or omission within the scope of his or her Association duties, while acting in good faith and without acting in a willful, wanton or grossly negligent manner, provided that all of the requirements of California Civil Code Section 5800, or any successor statue or law, have been satisfied. 10. RIGHTS. POWER AND DUTIES OF ASSOCIATION AND BOARD The Association and its Board shall have all the powers of a nonprofit corporation organized under the Nonprofit Mutual Benefit Corporatton Law of California subject only to such limitations on the exercise of such powers as are set forth in the Articles, the Bylaws and this Declaratton. It shall have the power to do any lawful thing that may be authorized, required, or permitted to be done by the Associatton under this Declaration, the Articles and the Bylaws, and to do and perform any act that may be necessary or proper for or incidental to, the exercise of any of the express powers of the Association, including, without limitatton, the powers set forth below. 10.1. SUSPEND RIGHTS OF MEMBERS. The Board shall have the right, after notice and hearing in accordance with California Civil Code Section 5855, to temporarily suspend an Owner's rights as a Member pursuant to the 15 terms of this Declaration and the Project Documents. 10.2. DEDICATE OR GRANT EASEMENTS. The Association shall have the right to dedicate and/or grant easements over all or any portion of the Common Area. 10.3. BORROW FUNDS. The Association shall have the right to borrow money to improve, repair or maintain the Common Area and to hypothecate any or all real or personal property owned by the Association, including pledging as collateral the assessment liens levied thereon provided that, the bon-owing of any money or hypothecation of any real or personal property in excess of five percent (5%) of the budgeted gross expenses of the Association shall require the consent of fifty-one percent (51 %) of each class of Members. 10.4. ASSESSMENTS. The Association through its Board shall have the power to establish, fix, and levy assessments against the Owners and their Condominiums, and to enforce payment of sucli assessments in accordance with the provisions of this Declaration. 10.5. RIGHT OF ENFORCEMENT; PENALTIES; NOTICE AND HEARING. 10.5.1. ENFORCEMENT ACTIONS. The Association in its own name and on its own behalf, or on behalf of any Owner who consents, can commence and maintain acttons for damages or to restrain and enjoin any actual or threatened breach of any provision of the Project Documents or any resolutions of the Board, and to enforce by mandatory injunction, or otherwise, all of these provisions. In addition, the Association can temporarily suspend the membership rights and privileges for violations of the Project Documents or Board resolutions. 10.5.2. PENALTIES AGAINST MEMBERS. The Board shall have the right to impose the following penalties against Members: (a) Suspension of the membership rights and privileges, together with the voting rights of any Member of the Association, for any period of time during which the assessment on a Member's Condominium remains unpaid; (b) Suspension of the membership rights and privileges, together with the voting rights of any Member of the Association, for any period not to exceed thirty (30) days for any infraction ofthe Association's Rules; (c) Levying of monetary penalties against an individual Member as a disciplinary measure for failure of a Member to comply with provisions of the Project Documents or Board resoluttons, or as a means of causing the Member to reimburse the Association for costs and expenses incurred by the Associatton in the repair of damage to the Common Area and facilities for which the Member was allegedly responsible, or in bringing the Member and his or her Condominium to compliance with the Project Documents or Board resolutions; provided, however, no such monetary penalty may be characterized or treated as an assessment which may become a lien against the Owner's subdivision interest enforceable by a sale of the interest in accordance with the provisions of California Civil Code Sections 2924(a)-(c). (d) provisions of the preceding paragraph expressly do not apply to charges imposed against a Member consisting of reasonable late payment penalties for delinquent assessments and/or charges to reimburse the Association for the loss of interest and for costs reasonably incurred (including attorneys' fees) in its efforts to collect delinquent assessments as more fully described in this Deciaration. (e) In the event legal counsel is retained or legal actton is instituted by fhe Board pursuant to this Section, any settlement prior to judgment or any judgment rendered in any such actton shall include costs of collectton, court costs and reasonable attorneys' fees. 16 (f) A Member shall have the right to notice and hearing prior to the Board's decisions to impose any suspension or monetary penalty in accordance with the provisions of California Civil Code Section 5855. 10.5.3. RULES AND REGULATIONS (a) The Board shall have the power to adopt, amend or repeal any Operating Rule; provided, however, that any Operating Rule shall be valid and enforceable only if all of the following requirements are satisfied: (1) The Rule is in writing; (2) The Rule is within the authority of the Board conferred by and not inconsistent with Applicable Law, this Declaration or the other Project Documents; (3) The Rule is adopted, amended or repealed in good faith and in substantial compliance with the requirements of this Section; and (4) The Rule is reasonable. (b) There are seven categories of operating rules that can only be implemented following a member notice and challenge process as set forth in California Civil Code Sections 1357.130, 1357.140, 1357.120(a). Whenever the Board adopts or changes an Operating Rule that falls into one or more of the notice categories, the Board shall give the Members notice, in writing, of the proposed rule at least 30 days before its effective date. The notice must include the text of the Operating Rule change and a description of the purpose and effect of the proposed rule. (c) Advance notice to the Members is not required if the Board determines that an immediate Operating Rule change is necessary to address an Emergency or imminent risk of substantial economic loss to the association. The Emergency rule-making authority can be exercised only once with respect to a given Emergency. The rule can remain in effect for up to 120 days and the Board must provide Members with notice of the emergency mle that includes the text of the rule, a description of its purpose and effect and the date that the rule will expire in conformance with California Civil Code Section 1357.130(c)-(d). (d) An Operating Rule may govern the use of the Common Area by allOwners, Occupants and their Invitees, and the conduct of Owners, Occupants and their Invitees with respect, but not limited to vehicle parking, outside storage of bicycles and other objects, disposal of waste materials, drying of laundry, pets (i.e. the type, size, number, etc. of pets allowed per Unit or their control or comportment within the Project) and other activities which, if not so regulated, might detract from the appearance of the Project or offend or cause inconvenience or danger to persons residing or visiting therein. An Operating Rule may also (a) govern issues relating to landscaping and irrigation, if deemed appropriate by the Board, to protect the Project and the Improvements thereon or to reduce operation costs; and (b) provide that tiie Ovvner or Occupant of a Unit or their Invitee who leaves property within the Common Area areas in violation of the Rules may be assessed, after notice and hearing, an amount to cover (i) the expense incurred by the Association in removing such property and storing or disposing thereof, or (ii) the expense incun-ed by the Association in con-ecting such violation or tiie results of such violation. (e) Anything herein to the contrary notwithstanding, an amended or appealed Operating Rule affecting Owners' pets shall not affect or be of any force with respect to any Owner's pet previously pennitted by Rules in effect at the time such pet was authorized by Declarant or the Board to be in an Owner's Unit but only for the lifetime of such previously autiiorized pet or pets. Declarant or the Board shall evidence the authority for the permission to have any pet pursuant toihe Rules then in effect by reference thereof in one or more of the following methods: [a] by written log maintained by the Association; [b] stated within the minutes of a meeting of the Board, the Association or by special minutes entry; [c] by written certificate duly signed by Declarant, the Board or the Board's duly authorized agent (property manager); provided however, nothing herein shall be deemed to authorize the maintenance of a pet that is an annoyance or is obnoxious to other Owners or Occupants. 10.6. ENTRY BY ASSOCIATION. The Associatton and the Association's agents or employees shall have the right to 17 enter (a) into any Living Unit and/or its appurtenant Exclusive Use Common Area in the event of an Emergency that requires such entry, (b) into any Living Unit and/or its appurtenant Exclusive Use Common Area to perform certain maintenance or other Association obligations that require entry into a Living Unit, at reasonable hours, (c) upon the Common Area to perform maintenance or other Association obligations. All of the foregoing entries shall be conducted in accordance with the provisions therefor described more fully in this Declaration. 10.7. POWER OF BOARD TO DEFINE AND INTERPRET. Notwithstanding anything contained in this Declaration or any other Project Documents, each Person who accepts a deed to or leasehold interest in a Unit, hereby agrees and acknowledges that the Board shall have the power and the authority to define, interpret and/or construe certain words and temiinologies contained in this Declaration and the Project Documents that may othen/vise be unclear, vague and/or ambiguous, and, which, if not so defined, interpreted or constmed, would be detrimental to the Board's ability to conduct, manage and control the affairs and business of the Association, including the enforcement of the covenants, conditions, restiictions and other provisions of the Project Documents, as well as any rules and regulations promulgated by the Board that are not inconsistent with law and/or do not contravene the general plan for the subdivision, protection, maintenance, improvement, sale and lease of the Project, or any portion thereof. Such words, phrases and temiinology shall include, but not be limited to: "nuisance," "annoyance," "obnoxious," "quiet enjoyment," "excessive," "disturb," "obsti'uct," "interfere," "minor repair," "hazard," "offensive," "standard-sized," "shall not be unreasonably withheld," "delays beyond control of an Owner," "pose a potential risk to public healtii or safety," and such other words and phrases as may be defined from time to time by the Board and/or published in the Rules. 11. RIGHTS OF OWNERS Owners, and, to the extent permitted by such Owner, such Owner's Invitees, and contract purchasers who reside in such Owner's Dwelling, shall have the rights and limitations outtined in this Article. 11.1. RIGHT OF ACCESS AND USE OF DWELLING. The right of access over the Common Area for ingress to and egress from such Owner's Condominium and Dwelling and of enjoyment and full use of such Condominium and Dwelling, which right shall be appurtenant to and shall pass with title to the Owner's Condominium, subject to the limitations contained herein. This right cannot be forfeited or abridged by the failure by an Owner to comply with provisions of the Project Documents or Rules, except by judgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under a power of sale for failure of the Owner to pay assessments levied by the Association. 11.2. RIGHT TO THE USE OF COMMON AREA. The right of ingress and egress and of enjoyment in, to and over the Common Area. Such right of ingress and egress and enjoyment shall be appurtenant to and shall pass with titie to the Condominium, subject to the limitations and restrictions ofthe Project Documents. 11.3. NOTICE AND HEARING. The right to receive at least fifteen (15) days' written notice prior to a decision by the Board to impose monetary penalties, a temporary suspension of an Owner's rights as a Member of tiie Association (e.g. voting), or other appropriate discipline for failure of the Member to comply with the Project Documents as described in Sectton 10.5.2, or any such longer period as may be required under Section 7341 of tiie Califomia Corporations Code (or any successor statute or law). Additionally, before the Board decides to impose a suspension of privileges or impose a monetary penalty, the aggrieved Owner shall be provided with an opportunity to be heard by the Board, orally or in writing, not less ttian five (5) days before the date of the suspension of pri\flleges or imposition of a monetary penalty is to take effect. For purposes ofthis Section, notice shall be given in compliance with Civil Code Section 5855 and 4040. 11.4 APPEAL. Each suspended or fined Owner or other person can appeal a suspension or monetary 18 penalty imposed by the Board, including any claim alleging defective notice, within one year of the date of action taken by the Board, by filing written notice of his or her intention to appeal with the Board. The action imposing the fine or suspension shall then become ineffective until the fine or suspension is unanimously approved by all directors of the Board at a regular or special meeting of the Board at which all directors are present. The Owner or any other person to be fined or suspended can appear, be represented by legal counsel and be heard at the meeting before the Board, either orally or in writing. 11.5. DELEGATION OF USE. Any Owner may delegate his or her right of enjoyment to the Common Area to his or her tenants or contract purchasers who reside in his or her Condominium; provided, however, that if any Owner delegates such right of enjoyment to tenants, neither the Owner nor his or her family shall be entitied to use the Common Area by reason of ownership of the Condominium during the period of delegation. Invitees of any Owner may use the Common Area only in accordance with this Declaration or any Rules adopted by the Board. 12. ASSESSMENTS 12.1. COVENANT FOR ASSESSMENTS. Subsequent to the conveyance of the first Condominium in the Property to a Retail Buyer, Declarant covenants and agrees to pay to the Association, in conformance with Section 12.13, all assessments levied pursuant to the provisions of this Declaration. Each Owner of a Condominium by acceptance of a deed therefor, wrtiether or not it shall be so expressed in such Deed, is deemed to covenant and agree to pay to the Association ali assessments. All assessments, together with interest costs, late charges and reasonable attorneys' fees, shall be a charge on and a continuing lien upon the Condominium against which each such assessment is made, the lien becoming effective upon recordation of a Notice of Delinquent Assessment, as provided in this Article. Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal obligation of the Person who was the Owner of such Condominium at the ttme when the assessment fell due and shall bind his or her heirs, devisees, personal representatives and assigns. Unlike the lien for delinquent assessments, the personal obligation for non-delinquent assessments shall not pass to successive Owners, unless expressly assumed by each such successive Owner. No such assumption of personal liability by a successive Owner (including a contract purchaser under an installment land contract) shall relieve any Owner from personal liability for delinquent assessments. If more than one person or entity was the Owner of a Condominium, the personal obligation to pay such assessment or installment respecting such Condominium shall be both joint and several. 12.2. FUNDS HELD IN TRUST. The assessments collected by the Association shall be held by the Association for and on behalf of each Owner and shall be used solely for the operatton, care and maintenance of the Project as provided in this Declaratton. Upon the sale or transfer of a Condominium, the Owner's interest in the funds shall be deemed automatically transfen"ed to the successor in interest of such Owner. 12.3. PURPOSE OF ASSESSMENTS. The assessments levied by the Associatton shall be used exclusively to promote the recreation, health, safety and welfare of all the residents in the Project and for the improvement and maintenance of the Common Area and for any other maintenance responsibilities of the Association, and to reimburse the Association for costs incurred in bringing an Owner into compliance with the Project Documents. The Association shall not use any assessments or Association funds, or othenA/ise participate, in any attempt to abate any annoyance or nuisance emanating from outside the physical boundaries of the Project, or in support of federal, state or local political activities intended to influence governmental action affecting areas outside of the boundaries of the Project (e.g. endorsement or support of political candidates, legislative or administrative actions by any governmental agency, or ballot proposals). 19 12.4. REGULAR ASSESSMENTS. 12.4.1. PAYMENT OF REGULAR ASSESSMENTS. Regular assessments for each fiscal year of the Association shall be established when the Board approves the budget for that fiscal year, which budget shall be prepared in accordance with the provisions of this Declaration. Regular assessments shall be levied on a fiscal year basis. Unless otherwise specified by the Board, regular assessments shall be due and payable in monthly installments on the first day of each month during the term of this Declaration. 12.4.2. BUDGETING. Regardless of the number of Members or the amount of assets of the Association, each year the Board shall prepare, approve and make available to each Membera budget as described in the Bylaws. Increases in regular assessments shall be subject to the limitations set forth in Section 12.16 below. For the first fiscal year, the budget upon which regular assessments shall be based shall be the budget provided by Declarant and shall be approved by the Board no later than the date on which regular assessments are scheduled to commence. Thereafter, the Board shall annually prepare and approve the budget and distribute a copy thereof to each Member (or a summary thereof as provided in the Bylaws), together with written notice of the amount of the regular assessment to be levied against the Owner's Condominium, not less than forty-five (45) days nor more than sixty (60) days prior to the beginning of the fiscal year. 12.5. RESTRICTIONS OF TAX EXEMPTION. As long as the Association seeks to qualify and be considered as an organization exempt from federal and state income taxes pursuant to Internal Revenue Code Section 528 and California Revenue and Taxation Code Section 23701 and any amendments thereto, then the Board shall prepare its annual budget and othenwise conduct the business of the Association in such manner consistent with federal and state requirements to qualify for such status. 12.6. NON-WAIVER OF ASSESSMENTS. If before the expiration of any fiscal year the Association fails to fix regular assessments for the next fiscal year, the regular assessment established for the preceding year shall continue until a new regular assessment is fixed. 12.7. SPECIAL ASSESSMENTS. If the Board detennines that the estimated total amount of funds necessary to defray the Common Expenses of the Association for a given fiscal year is or will become inadequate to meet expenses for any reason, including, but not limited to, unanticipated delinquencies, costs of consti'uction, unexpected repairs, replacement of, or new capital improvements on, or damage and destruction or condemnation of the Common Area, the Board shall detennine the approximate amount necessary to defray such expenses and, if the amount is approved by a majority vote of the Board and does not exceed five percent (5%) of the budgeted gross expenses of the Association, it shall become a special assessment; provided, however that such limitatton shall not apply to special assessments levied by the Board to replenish the Associatton's Reserve Account as provided in the Bylaws. Except for a special assessment levied pursuant to the Bylaws, expenses of the Associatton shall be subject to the limitation set forth in Section 12.16. The Board may, in its discretion, prorate such special assessment over the remaining months of the fiscal year or levy the assessment immediately against each Condominium. Unless exempt from federal or state income taxation, all proceeds from any special assessment shall be segregated and deposited into a financial account and shall be used solely for the purpose or purposes of which it was levied or it shall be othenA/ise handled and used in a manner authorized by law or regulations of the Internal Revenue Service or the California Franchise Tax Board in order to avoid, if possible, its taxation as income of the Association. 12.8. CAPITAL IMPROVEMENT ASSESSMENT In addition to any other assessments provided for hereunder, the Association may levy a capital improvement assessment for the purpose of defraying, in whole or in part, the cost of any construction or replacement of a capital improvement in accordance with the Bylaws. Capital improvement assessments shall be due and payable by all Owners in such installments and during such period or periods as the Board shall designate. Increase in capital improvement assessments 20 shall be subject to the limitations set forth in Section 12.16. 12.9. SINGLE BENEFIT ASSESSMENT. (a) The Board may establish a single benefit assessment for reconstruction, capital improvements, extraordinary maintenance, or any other cost or expense not otherwise provided for in this Declaration which wiil benefit less than all of the Owners, and which wili be assessed only against the Condominiums of those Owners so benefiting. (b) Except as provided in the paragraph immediately below, such single benefit assessments may be imposed only by a vote of at least fifty-one percent (51%) of the Owners of the Condominiums benefited by the single benefit assessment. (c) Whenever the Association performs any service or accomplishes any item of repair or maintenance which is the duty of an Owner to accomplish, but which has not been accomplished by such Owner, or whenever the Association detennines to preempt the perfonnance of a specific Owner of a given act of maintenance or repair, the Association shall specifically charge the cost thereof, together with any financing costs and administi-ative costs incurred by the Association, to ttie Owner for whom such work was done, and shall include such additional cost as a single benefit assessment for such Owner(s). (d) Each single benefit assessment shall be segregated in the financial accounts solely to the Condominiums which derive the benefit therefrom. In the event ttiat the Association obtains income directiy related to an item which has been assessed as a single benefit assessment, such income shall be allocated so as to reduce or offset such single benefit assessment 12.10. ENFORCEMENT ASSESSMENTS. The Association may levy an enforcement assessment against any Owner who causes damage to the Common Area or for bringing an Owner or his or her Condominium into compliance with the provisions of the Project Documents or any other charge designated an enforcement assessment in the Project Documents, together with attorneys' fees, interest and other charges related thereto as provided in this Declaration. The Board shall have the authority to adopt a reasonable schedule of enforcement assessments for any violation of the Project Documents. If, after notice and hearing as required by this Declaration and which satisfies Section 7341 of the Califomia Corporations Code, the Owner fails to cure or continues such violation, the Association may impose an additional fine each time the violatton is repeated, and may assess such Owner and enforce tiie enforcement assessment as herein provided for nonpayment of an assessment. A hearing committee may be established by tiie Board to administer tiie foregoing. Notwithstanding any other provision in this Declaration to the contrary, enforcement assessments are assessments, but they may not become a lien against the Owner's Condominium that is enforceable by a power of sale under Civil Code Sections 2924(a)-(c) or any successor statute or laws. This resti^iction on enforcement is not applicable to late payment penalties for delinquent assessments or charges imposed to reimburse the Association for loss of interest or for collection costs, including reasonable attorneys' fees, for delinquent assessments. 12.11. UNIFORM RATE OF ASSESSMENT. Regular assessments, special assessments and capital improvement assessments shall be levied at a uniform rate for all Condominiums and may be collected on a monthly basis, or otherwise, as determined by the Board. Enforcement assessments and single benefit assessments shall be levied directiy to the individual Condominiums and/or their respective Owners, depending upon whether the assessment may become a lien against the Condominium, as provided in this Declaration. 12.12. EXCESSIVE ASSESSMENTS OR FEES. The Board may not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for whicli it is levied. 12.13. COMMENCEMENT OF ASSESSMENTS; DUE DATES. The monthly installments for regular assessments provided for herein shall commence as to all Condominiums in the Project on the first day of the month following the 21 conveyance of the first Condominium to a Retail Buyer. The first annual assessment shall be adjusted according to the number of months remaining in the fiscal year. 12.14. NOTICE AND ASSESSMENT INSTALLMENT DUE DATES. A ten (10) day prior written notice of each special assessment and capital improvement assessment shall be given to each Owner. The first fiscal year's regular assessment shall be equal to the amount shown in the budget provided by the Declarant for the Project Written notice of the amount of the regular assessment for each fiscal year after the first fiscal year shall be distributed to each Owner not less tiian forty-five (45) days nor more than sixty (60) days prior to tiie beginning of the fiscal year, together with a copy of the approved Budget for that fiscal year, as more fully described in Section 12.4.2. The foregoing notwithstanding, the failure of the Board to comply with the foregoing notice provisions shall not affect the validity of any assessment levied by the Board. The due dates for the payment of assessments shall normally be established as monthly installments due on the first day of each month unless some other due date and/or payment schedule is established by the Board. 12.15. FAILURE TO FIX ASSESSMENTS. The omission by the Board to fix the assessments hereunder before the expiratton of any fiscal year, for that or the next year, shall not be deemed either a waiver or modification in any respect of the provisions of this Declaration or a release of the Owner from the obligation to pay the assessments or any installment thereof for that or any subsequent year, but the assessment fixed for the preceding year shall continue unttl a new assessment is fixed. 12.16. LIMITATIONS ON ASSESSMENTS. (a) The Board of Directors of the Associatton shall not impose or collect an assessment, penalty, or fee that exceeds the amount necessary for the purpose or purposes for which it is levied. Annual increases in Regular assessments for any fiscal year, as authorized by subsection (b) immediately hereinafter, shall not be imposed unless the Board has prepared and distributed the budget described in Sectton 12.4.2 and. Bylaws, and Civil Code Sectton 5300(b) as it may from time to ttme be amended, with respect to that fiscal year, or has obtained the approval of Owners constituting a quorum, casting a majority of the votes at a meeting or election of the Association conducted in accordance with Chapter 5 (commencing with Sectton 7510) of Part 3 of Division 2 of Titie 1 ofthe Corporations Code and Section 7613 ofthe Corporations Code, and Civil Code Section 4070. (b) From and after January 1^* of the year immediately following the conveyance of the first Condominium to an Owner, the Board of Directors of the Association may not impose, except as provided herein, a regular assessment that is more than twenty percent (20%) greater than the regular assessment for the Associatton's preceding fiscal year or impose special assessments which in the aggregate exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year without the approval of Owners consfituting a quorum casting a majority of the votes at a meeting or election of the Association conducted in accordance with Chapter 5 (commencing with Sectton 7510) of Part 3 of Division 2 of Titte 1 of the Corporations Code and Section 7613 of the Corporations Code. These provisions, however, shall not limit assessment increases necessary for the following Emergency situations: (1) An extraordinary expense required by an order of a court; (2) An extraordinary expense necessary to repair or maintain those portions of the Project or the Common Area for which the Association is responsible where a threat to personal safety is discovered; (3) An extraordinary expense necessary to repair or maintain those portions of the Project or the Common Area for which the Association is responsible that could not have been reasonably foreseen by the Board in preparing and distributtng the budget under this Declaratton and the Bylaws, in accordance with Civil Code Sectton 5300, or any amendment thereto; provided, however, that prior to the impositton or collection of an assessment under this paragraph, the Board 22 shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not, or could not have been reasonably foreseen in the budgettng process, and the resolution shall be distributed to the Members with the 'Notice of Regular Assessment'; (4) An extraordinary expense in making the first payment of the earthquake insurance surcharge pursuant to the California Insurance Code. (c) Any increases authorized under this Sectton shall not be imposed unless the Board has complied with the budgetary requirements set forth in the Bylaws with respect to the fiscal year for which an assessment is levied. For the purpose of calculating whether an increase to regular assessments exceeds twenty percent (20%), the term "regular assessments" shall be deemed to include the amount assessed against each Condominium by the Association as a regular assessment plus any amount paid by Declarant as a subsidy pursuant to any subsidy agreements, to the extent such subsidy payments offset any amount which would otherwise be paid by Owners as regular assessments. (d) For purposes of this Section, "quorum" is defined as more than fifty percent (50%) of the Owners (including the Declarant) of the Association. (e) Any action authorized under this Section shall be taken at a meeting called for that purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. 12.17. NOTICE OF ASSESSMENT INCREASE. The Board shall provide notice pursuant to Civil Code Sectton 4040 of any increase in the regular assessment or special assessments or capital improvement assessments of the Association, not less than thirty (30) nor more than sixty (60) days prior to the increased assessment becoming due and payable. 12.18. REDUCTION OR ABATEMENT OF REGULAR ASSESSMENTS. In the event the amount budgeted to meet Common Expenses for a particular fiscal year proves to be excessive in light of the actual Common Expenses, the Board in its discretion may either reduce the amount of the regular assessments or may abate collection of regular assessments as it deems appropriate. Nothing in this Section shall require the Board either to abate or reduce the regular assessments. The foregoing notwithstanding, neither an abatement nor a reduction in regular assessments shall be permitted so long as Declarant is possessed with, or controls, a majority of the total vottng power of the Association or the Board. 12.19. NO OFFSETS. All assessments shall be payable in the amount specified by the Board and no offsets against such amount shall be permitted for any reason, including, without limitation (a) a claim that the Association is not properly exercising its duties and powers as provided in this Declaration; (b) a Member has made or elects to make no use of the Common Area or any Improvements located therein; or, (c) any construction or maintenance performed pursuant to Section 15.10 shall postpone assessments or entitle a Member to claim any such offset or reduction. 12.20. DELINQUENCIES; LATE PENALTIES; INTEREST ON ASSESSMENTS. Any assessment not paid within fifteen (15) days after the due date shall be delinquent and shall be subject to a reasonable late penalty not exceeding ten percent (10%) of the delinquent assessment or ten dollars ($10.00), whichever is greater, and shall bear interest on all sums including the delinquent assessment, reasonable costs for collectton and late penalties at an annual percentage not exceeding twelve percent (12%) commencing thirty (30) days after the assessment becomes due, or at the maximum legal rate as defined in the 23 California Civil Code Section 5650(b), or any successor statute or law. 12.21. DEBT OF THE OWNER. Any assessment made in accordance with this Declaration and any late charges, reasonable costs of collection and interest, shall be a debt of the Owner of a Condominium from the time the assessment and other sums are levied. 12.22. ASSOCIATION POLICIES AND PRACTICES RE: DEFAULTS. 12.22.1. ASSESSMENT DEFAULTS The Board shall annually distribute during the sixty (60) day period immediately preceding the beginning of the Association's fiscal year: (a) a statement of the Association's policies and practices in enforcing its remedies against IVIembers for defaults in the payment of regular, supplemental, capital improvement, and restoration assessments, including the recording and foreclosing of liens against Members' Units, and (b) the following notice pursuant to Civil Code Section 5730(a), as it may be amended, printed in at least 12-point type: NOTICE ASSESSMENTS AND FORECLOSURE This notice outiines some of the rights and responsibilities of owners of property in common interest developments and the associations that manage them. Please refer to the sections of the Civil Code indicated for further information. A portion of the information in this notice applies only to liens recorded on or after January 1, 2003. You may wish to consult a lawyer if you dispute an assessment. ASSESSMENTS AND FORECLOSURE Assessments become delinquent 15 days after they are due, unless the governing documents provide for a longer ttme. The failure to pay association assessments may result in the loss of an owner's property through foreclosure. Foreclosure may occur either as a result of a court action, known as judicial foreclosure, or without court action, often referred to as nonjudicial foreclosure. For liens recorded on and after January 1, 2006, an association may not use judicial or nonjudicial foreclosure to enforce that lien if the amount of the delinquent assessments or dues, exclusive of any accelerated assessments, late charges, fees, attorney's fees, interest, and costs of collection, is less than one thousand eight hundred dollars ($1,800). For delinquent assessments or dues in excess of one thousand eight hundred dollars ($1,800) or more than 12 months delinquent an association may use judicial or nonjudicial foreclosure subject to the conditions set forth in Article 3 (commencing with Section 5700) of Chapter 8 of Part 5 of Division 4 of the Civil Code. When using judicial or nonjudicial foreclosure, the association records a lien on the owner's property. The owner's property may be sold • to satisfy the lien if the amounts secured by the lien are not paid. (Sections 5700 through 5720 of the Civil Code, inclusive) In a judicial or nonjudicial foreclosure, the association may recover assessments, reasonable costs of collection, reasonable attorney's fees, late charges, and interest. The association may not use 24 nonjudicial foreclosure to collect fines or penalties, except for costs to repair common area damaged by a member or a member's guests, if the governing documents provide for this. (Section 5725 of the Civil Code) The association must comply with the requirements of Article 2 (commencing with Section 5650) of Chapter 8 of Part 5 of Division 4 of the Civil Code when collecting delinquent assessments. If the association fails to follow these requirements, it may not record a lien on the owner's property until it has satisfied those requirements. Any addittonal costs that result from satisfying the requirements are the responsibility ofthe association. (Section 5675 ofthe Civil Code) At least 30 days prior to recording a lien on an owner's separate interest, the association must provide the owner of record with certain documents by certified mail, including a description of its collection and lien enforcement procedures and the method of calculating the amount. It must also provide an itemized statement of the charges owed by the owner. An owner has a right to review the association's records to verify the debt. (Section 5660 of the Civil Code) If a lien is recorded against an owner's property in error, the person who recorded the lien is required to record a lien release within 21 days, and to provide an owner certain documents in this regard. (Section 5685 of the Civil Code) The collection practices of the association may be governed by state and federal laws regarding fair debt collection. Penalties can be imposed for debt collection practices that violate these laws. PAYMENTS When an owner makes a payment, the owner may request a receipt, and the association is required to provide it. On the receipt, the association must indicate the date of payment and the person who received iL The associatton must inform ovmers of a mailing address for overnight payments. (Section 5655 of the Civil Code) An owner may, but is not obligated to, pay under protest any disputed charge or sum levied by the associatton, including, but not limited to, an assessment, fine, penalty, late fee, collectton cost, or monetary penalty imposed as a disciplinary measure, and by so doing, specifically reserve the right to contest the disputed charge or sum in court or otherwise. An owner may dispute an assessment debt by submitttng a written request for dispute resolution to the association as set forth in Article 2 (commencing with Section 5900) of Chapter 10 of Part 5 of Division 4 of the Civil Code. In addition, an association may not initiate a foreclosure without participating in 25 alternative dispute resolution with a neutral third party as set forth in Article 3 (commencing with Section 5925) of Chapter 10 of Part 5 of Division 4 of the Civil Code, if so requested by the owner. Binding arbitration shall not be available if the association intends to initiate a judicial foreclosure. An owner is not liable for charges, interest, and costs of collection, if it is established that the assessment was paid properiy on time. (Section 5685 of the Civil Code) MEETINGS AND PAYMENT PLANS An owner of a separate interest that is not a time-share interest may request the association to consider a payment plan to satisfy a delinquent assessment. The association must inform owners of the standards for payment plans, if any exists. (Section 5665 of the Civil Code) The board must meet with an owner who makes a proper written request for a meeting to discuss a payment plan when the owner has received a notice of a delinquent assessment. These payment plans must conform with the payment plan standards of the association, if they exist. (Section 5665 of the Civil Code). 12.22.2. MONETARY PENALTIES AND FEES. If the Association adopts or has adopted a policy imposing any monetary penalty, including any fee, on any Member for a violation of the Project Documents, including any monetary penalty relating to the activities of an Invitee, the Board shall adopt and distribute to each Member, by personal delivery or first-class mail, a schedule of the monetary penalties that may be assessed for those violations, which shall be in accordance with authorization for Member discipline contained in Section 10.5.1 and Section 11.4 provided however, no such monetary penalty may be characterized or treated as an assessment which may become a lien against the Owner's subdivision interest enforceable by a sale of the interest in accordance with the provisions of California Civil Code Sections 2924(a) - (c). The Board, however, shall not be required to distribute any additional schedules of monetary penalties unless there are changes from the schedule that was previously adopted and distributed to the Members. 12.23. COLLECTION OF ASSESSMENTS; LIENS. 12.23.1. RIGHT TO ENFORCE ASSESSMENTS. The right to collect and enforce assessments is vested in the Board acting for and on behalf of the Association. The Board, or its authorized representative, can enforce the obligations of the Ovmers to pay assessments provided for in this Declaration by commencement and maintenance of a suit at law or in equity, or the Board may foreclose by judicial proceedings or through the exercise of the power of sale pursuant to Section 12.23.7 to enforce the lien rights created. Suit to recover a money judgment for unpaid assessments together with all other additional charges described in Section 12.24 hereafter shall be maintainable without foreclosing or waiving the lien rights. Notwithstanding anything else to the contrary herein, monetary penalties imposed by the Association: (a) to reimburse the Association for costs incun-ed by the Association in the repair of damage to Common Area or Property for which the Member or the Member's Invitees were allegedly responsible, (b) as a disciplinary measure for failure of a Member to comply with the Project Documents, or (c) as a disciplinary measure in bringing the Member and his or her Condominium into compliance with the governing instmments of the Association, may not be characterized nor treated as an assessment which may become a lien against the Member's Condominium enforceable by a sale thereof conducted in 26 accordance with the provisions of Civil Code Sections 2924(a) - (c) and 5725, or any successor statute or law. The limitation in the preceding sentence however, does not apply to any additional charges. 12.23.2. NOTICE TO OWNER PRIOR TO LIEN OF ASSESSMENT. Pursuant to Civil Code Section 5660, before the Association may place a lien upon an Owner's Unit to collect any assessment that is past due, the Association shall provide written notice to the Owner at least thirty (30) days prior to recording the lien, by certified mail ("Itemized Debt Notice"). The precise form and content ofthe notice is set forth in Civil Code Section 5660, but includes without limitation the following: (a) A general description of the collection and lien enforcement procedures of the association and the method of calculation of the amount; (b) The following statement in 14-point boldface type if printed, or in capital letters, if typed: IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION. (c) An itemized statement of the charges owed by the Owner, including items on the statement which indicate the amount of any delinquent assessments, the fees and reasonable costs of collection, reasonable attorney's fees, any late charges, and interest, if any; (d) A statement that the Ovmer shall not be liable to pay the charges, interest, and costs of collection, if it is detennined the assessment was paid on time to the Association; and (e) A statement that the Owner has the right to request a meeting with the Board as provided in Civil Code Section 5665. (f) A statement that the Owner has the right to dispute the assessment debt by submitting a written request for dispute resolution to the Association pursuant to the Associatton's "meet and confer" program (commencing with Sectton 5900). (g) The right to request alternattve dispute resolution with a neutral third party (commencing with Section 5925) before the Association may initiate foreclosure against the Owner's separate interest, except that binding arbitration shall not be available if the Association intends to initiate a judicial foreclosure. 12.23.3. LIEN OF ASSESSMENT. At any time after (a) any assessments levied by the Association affecting any Condominium have become delinquent and (b) the Itemized Debt Notice tiiereof has been mailed to tiie Owner of such Condominium, the Board may file for recording with the County Recorder, a "Notice of Delinquent Assessment" as to such Condominium, which notice shall state all amounts which have become delinquent witii respect to such Condominium and the costs (including attorneys' fees), late penalties and interest which have accrued thereon, the amount of any assessments relating to such Condominium which is due and payable although not delinquent a legal description of the Condominium with the name of the record or reputed record Owner of such Condominium, and the name and address of the tmstee authorized by the Association to enforce the lien, if by nonjudicial foreclosure as provided below. Such notice shall be signed by the President, Vice President, Secretary, or Chief Financial Officer of the Association, or by an authorized agent (as designated by resolution of the Board) of the Association. Immediately upon recording of any Notice of Delinquent Assessment pursuant to the foregoing provisions of this Section, tiie amounts delinquent as set forth in such Notice, together with the costs (including attorneys' fees), late penalties and interest accruing thereon, shall be and become a lien upon the Condominium described therein, which lien shall also secure all costs (including attorney's fees), late penalties and interest accruing thereon. The lien may be enforced as provided in Section 12.23.7. 27 12.23.4. NOTICE TO OWNER AFTER LIEN OF ASSESSMENT. Not later than ten (10) calendar days after recordation of the Notice of Delinquent Assessment with the County Recorder, a copy of the Notice of Delinquent Assessment and the recording date thereof shall be mailed to all record Owners of the Condominium by certified mail, in accordance with the manner set forth in Civil Code Section 5675(e), or any successor statute or law. 12.23.5. PAYMENTS UNDER PROTEST. An Owner who disputes an assessment imposed by the Association against such Owner and/or such Owner's Condominium shall have the right to resolve such dispute through (a) alternative dispute resolution as defined in Civil Code Section 5925(a), (b) civil action, and (c) any other dispute resolution procedure that may be available through the Association, as provided in Civil Code Section 5905 or any successor statutes or laws. 12.23.6. RELEASE OF LIEN. In the event the delinquent assessments and all other assessments which have become due and payable with respect to the same Condominium together with all costs (including attorneys' fees), late charges and interest which have accmed on such amounts are fully paid or otherwise satisfied prior to the completion of any sale held to foreclose the lien provided for in this Article, the Board shall record a further notice, similariy signed, stating the satisfaction and release of such lien. 12.23.7. LIEN ENFORCEMENT; FORECLOSURE PROCEEDINGS. After the expiration of thirty (30) days following the recording of the Notice of Delinquent Assessment with the County Recorder, the lien created by such recording may be foreclosed in any manner pemiitted by law, including sale by the court, sale by the trustee designated in the Notice of Delinquent Assessment, or sale by a tmstee substituted pursuant to Civil Code Section 2934a. Any sale by the tmstee shall be conducted in accordance with the provisions of Civil Code Sections 2924(a)-(c) and 5710, or any successor statute or law. The Association, acting on behalf of the Owners, shall have the power to bid for the Condominium at a foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid assessments, costs, late penalties and attorneys' fees shall be maintainable without foreclosing or waiving the lien securing the same. 12.24. ADDITIONAL CHARGES. In addition to any other amounts due or any ottier relief or remedy obtained against an Owner who is delinquent in the payment of any assessments, each Ovmer agrees to pay Additional Charges incun-ed or levied by the Board including such additional costs, fees, charges and expenditures as the Association may incur or levy in the process of collecting from that Owner monies due and delinquent Additional charges shall include, but not be limited to, the charges listed below. 12.24.1. ATTORNEYS FEES. Reasonable attorneys' fees and costs incurred in the event an attorney(s) is employed to collect any assessment or sum due, whether by suit or othenwise; 12.24.2. LATE CHARGES. A late charge in an amount to be fixed by the Board in accordance with Civil Code Section 5650(b), or any successor statute or law, to compensate the Association for additional collection costs incurred in the event any assessment or other sum is not paid when due or within any "grace" period established by law; 12.24.3. COSTS OF SUIT. Costs of suit and court costs incurred as are allowed by the court; 12.24.4. INTEREST. Interest not to exceed twelve (12%) percent; and 12.24.5. OTHER. 28 Any such other additional costs that the Association may incur in the process of collecttng delinquent assessments or sums. 12.25. PRIORITY OF THE LIEN. The lien of assessment herein shall be subordinate to the lien of any First Mortgage now or hereafter placed upon any Condominium subject to assessment, and the sale or tt-ansfer of any Condominium pursuant to judicial or nonjudicial foreclosure transfer (excluding a ti-ansfer by deed in lieu of foreclosure) of a First Mortgage shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or ti-ansfer shall relieve such Condominium from lien rights for any assessments thereafter becoming due nor from the lien of any subsequent assessment Where the First Mortgagee or other purchaser of a Condominium obtains titie to the same as a result of foreclosure (excluding a transfer by deed in lieu of foreclosure), such person or entity acquiring titie and his or her successors and assigns, shall not be liable for the share of common expenses or assessments by the Association chargeable to such Condominium that became due prior to the acquisition of title to such Condominium by such person or entity, except for a share of such charges or assessments resulting from a reallocation of such charges or assessments that are made against all Condominiums. 12.26. WAIVER OF EXEMPTIONS. Each Owner, to the extent permitted by law, waives, to the extent any liens created pursuant to this Article, the benefit of any homestead or exemption laws of California in effect at the time any assessment or installment thereof becomes delinquent, or any lien is imposed. 12.27. TAXATION AGAINST THE COMMON AREA. In the event that any taxes are assessed against the Common Area or the personal property of the Association, rather than against the individual Condominiums, said taxes shall be added to tiie regular assessments, and, if necessary, a special assessment may be levied against the Condominium in an amount equal to said taxes, to be paid in two (2) installments, thirty (30) days prior to the due date of each tax installment, or as otherwise may be established by the Board. 12.28. PERSONAL LIABILITY OF OWNER. No Owner may exempt himself from personal liability for assessments levied by the Association, nor release the Condominium owned by him from the liens and charges hereof by waiver of the use or enjoyment of any of the Common Area or by abandonment of his or her Condominium. 12.29. TRANSFER OF CONDOMINIUM. After transfer or sale of a Condominium within the Project, the selling Owner or Owners shall not be liable for any assessment levied on such Owner or Ovmer's Condominium after the date of such transfer of ownership and written notice of such transfer is delivered to the Association. The selling Owner shall still be personally responsible for all assessments and charges levied on his or her Condominium prior to any such transfer. 12.30. CAPITALIZATION REQUIREMENT. (a) As additional contingency to meet the initial expenses of the Association, including those operating expenses and reserve requirements unforeseen or not fully contemplated in the proforma budget(s) for the Project, upon acquisition of record titie to a Condominium from Declarant, the Record Buyer shall contribute to the capital of the Association an amount equal to one- sixth (1/6) the amount of the then regular annual assessment (excluding any cost center assessments) for the Condominium as determined by the Board. This amount shall be deposited by the Record Buyer into the purchase and sale escrow and disbursed therefrom to the Association. Within six (6) months after the close of the first sales escrow of a Condominium by Declarant, as Seller, Declarant shall deposit into an escrow an amount equal to one-sixth (1/6) of the then regular assessment for any and all Condominiums not yet sold. Escrow shall remit these funds to the Association. Upon the close of escrow of any subsequent Condominium for which the capital contribution was prepaid by Declarant, escrow shall remit to the Declarant the capital contribution collected from the Record Buyer. (b) The capitalization funds set forth above are not to be considered paid in lieu of annual regular assessments or any other assessment levied by the Association. 29 12.31. FINANCIAL ACCOUNTS. The Board shall establish financial accounts ("Financial Accounts"), into which shall be deposited all monies paid to the Association and from which disbursements shall be made, as provided herein, in the performance of functions by the Association under this Declaration and the Bylaws. The Financial Accounts shall be established in accounts at any banking, savings, brokerage or similar institution ("Institution"), provided such funds are fully insured by the Federal Deposit Insurance Corporation or similar Federal insuring agency, or by a comparable account insurer. Aggregate deposits held in any single Institution shall not exceed the limit of deposit insurance coverage available. The Financial Accounts shall include: (a) An operating account for current Common Expenses of the Association; (b) A reserve account (a) to defray the future repair or replacement of, or additions to, those major components that the Association is obligated to maintain and (b) the funds received, and not yet expended or disposed of, from either a compensatory damage award or settiement to an association from any Person for injuries to property, real or personal, arising from any construction or design defects with funds (b) being separately itemized from funds (a); (c) Any other accounts that the Board may establish to the extent necessary under the provisions of this Declaration. Except for purposes of transfer of funds upon receipt or disbursement thereof, the Board shall not commingle any amounts deposited into any of the Financial Accounts with one another. Nothing contained herein shall limit, preclude or impair the establishment of additional Financial Accounts by the Declarant so long as the amounts assessed to deposited into, and disbursed from any such Financial Account are earmarked for specified purposes authorized by this Declaration or the Bylaws. 12.32. USE OF RESERVE FUNDS. Any reserve fund accounts maintained by the Association (including any capital accounts maintained pursuant to Section 12.31) shall be used for the purposes and in the manner described in Civil Code Section 5510(b), as it may from time to time be amended. 13. USE RESTRICTIONS 13.1. USE OF CONDOMINIUMS. No Condominium shall be occupied and used except for residential purposes by the Owners and their Invitees, and no trade or business shall be conducted therein, except that Units may be used as a combined residence and executive or professional office by the Ovmer thereof, so long as such use (a) does not interfere with the quiet enjoyment of other Owners, (b) does not include unreasonable visitations by clients, (c) is in compliance with the zoning codes of the City, and (d) is otherwise authorized by such California statutory or common law that may take precedence over City requirements and/or this Declaration. No health care facilittes operating as a business or charity and serving the sick, elderiy, disabled, handicapped or retarded shall be permitted in the Project 13.2. LEASE OF DWELLING. 13.2.1. REQUIREMENTS OF ALL LEASES. Any Owner who wishes to lease his or her Condominium must meet each and every one of the following requirements, and the lease will be subject to these requirements whether they are included within a lease or not: (a) All leases must be in writing; (b) Unless the Owner remains in occupancy, the lease must be for the entire Condominium, and not merely parts thereof, and shall include the Unit and its appurtenant Exclusive Use Common Area(s), if any, and no such lease shall allow the tenant to forfeit the use of such Exclusive Use Common Area; (c) No lease shall be for a period of less than thirty-one (31) days; 30 (d) All leases shall be subject in all respects to the provisions of this Declaratton and the other Project Documents; (e) All Owners who lease their Condominiums shall promptiy (not later than 10 days after entering into such lease) notify the Secretary of the Association in writing of the names of all tenants and members of tenants' family occupying such Condominium(s) and shall provide the Secretary of the Association with a complete copy of the lease. In addition, all Owners leasing their Condominium shall promptiy notify the Secretary of the Association of the address and telephone number where such Owner can be reached. 13.2.2. FAILURE OF TENANT TO COMPLY WITH PROJECT DOCUMENTS. (a) Any failure of a tenant to comply with the Project Documents shall be a default under the lease, regardless of whether the lease so provides. In the event of any such default, the Owner immediately shall take all actions to cure the default including, if necessary, eviction of ttie tenant. (b) If any tenant is in violation of the provisions of the Project Documents, the Association may bring an action in its own name and/or in the name of the Owner to have the tenant evicted and/or to recover damages. If the court finds that the tenant is violating, or has violated any of the provisions of the Project Documents, the court may find the tenant guilty of unlawful detainer notwithstanding the fact that the Ovmer is not the plaintiff in the action and/or the tenant is not othenwise in violation of tenant's lease. For purposes of granting an unlawful detainer against the tenant, the court may assume that the Owner or person in whose name a contract (the lease or rental agreement) was made was acting for the benefit of the Association. The remedy provided by this subsection is not exclusive and is in addition to any other remedy or remedies vvhich tiie Association has. If pemiitted by present or future law, the Association may recover all its costs, including court costs and reasonable attorneys' fees incun'ed in prosecuting the unlawful detainer action. (c) The Association shall give the tenant and the Owner notice in writing of the nature of the violation of the Project Documents, and twenty (20) days from the mailing of the notice in which to cure the violation, before the Association may file for eviction. (d) Each Owner shall provide a copy of the Project Documents to each tenant of his Condominium. By becoming a tenant, each tenant agrees to be bound by the Declaration, tiie Bylaws, the Rules of the Association and any other Project Document, and each tenant recognizes and accepts the right and power of the Association to evict a tenant for any violation by the tenant of the Declaration, the Bylaws, the Rules of the Association and any other Project DocumenL Notwitiistanding tiie foregoing, each Owner is responsible and liable to Uie Association for the acts or omissions of its tenant including reasonable attorneys' fees. 13.3. INSURABILITY. No Unit, Exclusive Use Common Area or improvements situated thereon shall be occupied or used for any purpose or in any manner which shall cause such improvements to be uninsurable against loss by fire or ttie perils of the extended coverage endorsement to tiie Califomia Standard Fire Policy form, or cause the rate of insurance to increase, or cause any such policy or policies representing such insurance to be canceled or suspended, or the company issuing the same to refuse renewal thereof. 13.4. PETS. The following provision shall apply to Owners and to all tenants and Invitees of the respective Owners, provided, however, an Owner may impose more stringent requirements on such Owner's tenants and/or Invitees as such Owner may deem appropriate, notwithstanding the provisions of this Sectton. (a) Except as otherwise provided more stringentiy in the zoning ordinances of the City, an Ovmer may keep and maintain in such Owner's Condominium domesticated pets such as dogs, cats or other usual and ordinary household pets in accordance with the Association Rules and duly authorized by Declarant or the Board in accordance with Sectton 10.5.3(c) hereinabove; provided, however, any Owner's pet previously permitted by Rules in effect at the ttme such pet was authorized by Declarant or the Board to be in such Owner's Unit prior to the adoption or repeal of a Rule that would 31 preclude such pet shall be exempt from such Rule for the lifetime of such pet or pets. An Owner may keep and maintain any number of aquarium-type fish; provided, however, an Owner shall review and consider the structural load limits and internal drainage pertaining to such Owner's Unit and the proposed site of installation of an aquarium prior to filling such aquarium(s) with water. The foregoing notwithstanding, (a) no pet may be kept, maintained or bred for any commercial purpose; and, (b) notwithstanding any weight, number or commercial restrictions, the Board may determine in writing that the weight, number and/or a commercial purpose may be reasonable or unreasonable in any instance, the criteria of which shall be to the furtherance of Sections 13.4(c), 13.4(e), Section 13.14, and this Declaration. (b) The foregoing notwithstanding, in accordance with Civil Code Section 4715, no portion of the CC&Rs shall prohibit an Owner from keeping at least one (1) pet within the Project subject to reasonable rules and regulations of the Association. The language included in Civil Code Section 4715 may not be construed to affect any other rights provided by law to an Owner to keep a pet within the Project. (c) The foregoing notwithstanding, no pets may be kept on the Property which result in an annoyance or are obnoxious to other Owners or Occupants; provided, however, that the Association Rules further limit or restrict the keeping of such pets. No pets shall be permitted in any area designated in the Association Rules as being restricted to pets. No dog shall enter the Common Area except while on a leash which is held by a person capable of controlling it. (d) The Association or any Owner (including Declarant) may cause any unleashed or tethered dog found within the Common Area to be removed to a pound or animal shelter under the appropriate governmental jurisdiction by calling the appropriate authorities, whereupon the Owner may, upon payment of all expenses connected therewith, repossess the dog. (e) No dog whose prolonged barking (or other prolonged noise-producing pet) that unreasonably disturbs other Owners or occupants shall be permitted to remain in the Project. (f) Persons bringing or keeping a pet within the Project shall prevent their pets from soiling all portions of the Project where other persons customarily walk or otherwise occupy from time to time and shall promptiy clean up any mess left by their pets. (g) Each person bringing or keeping a pet within the Project shall be absolutely liable to the Association and other Owners, Occupants and their respective Invitees for any damage to persons or property caused by any pet brought upon or kept upon the Project by such person. Any Owner, Occupant or their respective Invitees who maintain(s) any animal, insect or reptile within the Project whether in compliance with or in violation of this Declaration, shall indemnify and hold harmless ttie Association, its officers, directors, the other Owners and Occupants from any claim brought by any person against them or any one or more of them, for personal injuries or property damage caused by such animal, insect or reptile. 13.5. INTERFERENCE OF OTHER OCCUPANTS. No Unit, Exclusive Use Common Area or Common Area shall be used in such manner as to obstruct or interfere with the enjoyment of occupants of other such areas or annoy them by unreasonable noise or otherwise, nor shall any nuisance be committed or permitted to occur in any Unit, Exclusive Use Common Area or Common Area. 13.6. SOUND ATTENUATION. In any building structure where there are attached Units, sound may be audible between such Units, particulariy where the sound level ofthe source is sufficientiy high and the background noise in an adjacent Unit is very low. Each Unit Occupant shall endeavor to minimize any noise transmission from such Occupant's Unit, and shall adhere to any of the rules and regulations set forth in the Association Rules which are designed to minimize noise transmission. To minimize the noise transmission from a Unit, each Occupant (other than Declarant) shall adhere to the following: (a) Acoustical sealant shall be packed around the point of penetration of all pictures and other items hung from the wall that require nailing or screwing. (b) In all Units, pianos shall have at least 1/2-inch neoprene pads under the supports to minimize vibration transmission into the structure. 32 13.7. VIBRATIONS No Owner or Occupant shall attach to the walls or ceilings of any Unit any fixtures or equipment that will cause vibrations or noise that may be felt or heard from the Common Area, or unreasonable annoyance to the Occupants of other Units. 13.8. SIGNS. 13.8.1. ON THE COMMON AREA Subject to the provisions of Civil Code Sections 712 and 713, no signs, placards, decals or other similar objects, visible from the Common Area, neighboring property or streets, shall be erected or displayed on the Common Area or any Exclusive Use Common Area), without the prior written permission of the Board; provided however, the following signs shall be permitted, all of the foregoing ofwhich shall conform with Applicable Law: (a) Such signs as may be required by legal proceedings; (b) One or more signs displayed by an Owner or the Owner's agent on such Ovmer's Condominium or on real property owned by another with that Ovmer's consent, which is reasonably located, in plain view of the public, and is of reasonable dimensions and design, advertising the following: (i) that the Condominium is for sale, lease or exchange by the Owner or the Ovmer's agent (ii) directions to the Condominium, (iii) the Ovmer's or agent's name, and (iv) the Owner's or agent's address and telephone number. 13.8.2. FROM A CONDOMINIUM UNIT Subject to the provisions of Civil Code Sectton 4705, as it may be amended, an Occupant may post or display from within his or her Condominium Unit such non- commercial signs, posters, fiags (including the U.S. Flag,), banners or other similar objects, except those that would violate any local, state or federal law or pose a potential risk to public health or safety. For purposes of ttiis Sectton, a non-commercial sign, poster, fiag, or banner may be made of paper, cardboard, cloth, plastte, or fabric, but may not be made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorattve component, or include the painttng of architectural surfaces. Anything contained in this Declaration to the contrary notwithstanding. Declarant and its authorized agents, shall have the right during the markettng period to install and maintain development and markettng improvements. 13.9. EXTERIOR LIGHTING. Any exterior lighttng installed on the Common Area, including Exclusive Use Common Areas, shall either be indirect, shielded or of such controlled focus and intensity as to prevent glare on surrounding properties and unreasonable disturiaance to occupants of other Units and neighboring properties. 13.10. ANTENNAS, SATELLITE DISHES. There shall be no outside television or radio antennas, masts, satellite dishes, transmitter tower or facility installed or maintained in the Project for any purposes whatsoever without approval of the Board. However, in considering whether to approve an antenna or to impose requirements on such approval, the Board shall not violate any Applicable Law or regulatton, including, but not limited to regulattons of the Federal Communicattons Commission. 13.11. REMODELING THE COMMON AREA. Except as otherwise specifically provided herein, nothing herein contained shall give the Owner the right to paint, decorate, remodel, landscape, adorn, alter, construct in, or remove any part or parcel of the Common Area without the written consent of the Architectural Committee as provided in Article 14. 13.12. VIEW PRESERVATION. No landscaping or structure may be planted or installed within the Project which adversely impacts or blocks the view from a Unit. Further, the Association shall cause any such landscaping or structure in the Project that adversely impacts or blocks the view from a Unit to be 33 promptiy trimmed or removed from the Project upon the request of the Owner whose view is impacted. The cost of such landscape maintenance shall be a Common Expense. 13.13. OFFENSIVE ACTIVITIES AND CONDITIONS. No noxious or offensive activity shall be carried out in any Condominium, or on the Common Area. No odor shall be permitted to arise from any Condominium which renders the Condominium or any portion thereof unsanitary, unsightiy or offensive to any portion of the Project or to its occupants. No noise or other nuisance shall be permitted to exist or operate upon any portion of a Condominium so as to be unreasonably offensive or detrimental to any other part of the Project or to its occupants. No exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes) which unreasonably disturb other Owner or their tenants shall be located, used or placed in any Condominium or the Common Area. Alarm devices used exclusively to protect the security of a Dwelling and its contents shall be permitted, provided that the devices do not produce annoying sound or conditions as a result of frequentiy occurring false alarms. 13.14. GARBAGE AND REFUSE DISPOSAL. (a) All rubbish, trash and garbage shall be regulariy removed from the Property, and shall not be allowed to accumulate thereon. Trash, garbage and other waste shall not be kept except in sanitary containers designed for such purpose. (b) The Board may require, pursuant to its Rules, that all garbage and ottier wastes be segregated and such segregated elements be separately packaged (for example, all cans, glass, paper products and other items of trash be segregated from each other and separately packaged for pickup and disposal by a garbage and waste disposal company or a department of any governmental agency having jurisdictton over the Project). (c) All equipment for storage or disposal of such materials shall be kept in a clean and sanitary conditton. All equipment trash bins or cans shall be kept screened and concealed from view of other Dwellings and the Common Area. 13.15. WOOD OR STORAGE PILES. All wood or storage piles shall be kept screened and concealed in such manner as to not be visible from other Dwellings and the Common Area. 13.16. FENCES; WALLS. No fences or walls shall be erected or maintained upon the Property except such as are installed in accordance with the initial construction of improvements on the Property or as approved by the Board. 13.17. CLOTHESLINES. No exterior clothes lines shall be erected or maintained, and there shall be no outside drying or laundering of clothes anywhere in the Project, except in such areas which may be approved by ttie Board. 13.18. BALCONY AREA. Balcony Exclusive Use Common Pseas may be used for placement of lawn/patio style fumiture, barbecues, potted plants, and other usual patio equipment and fumiture; provided, however, the balcony and patio are not to be used for storage of any other equipment or furniture and no fire pits shall be allowed. No screens, awnings, shades, exterior blinds or projecttons shall be attached to the outside and no wiring, antennas, machines, cooling units or other objects may protrude through walls or roofs or be visible from the exterior. Nothing shall be hung from ceilings or fastened to walls of floors of balconies, terraces, or pattos. No hooks, toggles, brackets, screws, nails or other attachments are to be affixed to or into the walls, ceilings, floors or railings. No potted plants may be placed upon or over any Balcony area railing above an area where someone or something may be injured or damaged in the event sucli potted plants or other objects should fall down. An Ovmer shall not allow any water to run off any Balcony area. Owners shall place trays under all potted plants and keep plants off of balcony floors. Bird feeders are not pennitted on balconies or windowsills. Rugs, carpets, mats and other floor coverings are not permitted on balconies. No debris shall be thrown over railings or out of windows 34 and no mops, bedding, tablecloths, rugs or any other objects shall be shook over railings or out of windows. No draping of towels, carpets, laundry or other articles over railings or walls shall be allowed and no clotheslines or drying racks are permitted on balconies or patios. No paints, sealers, or other compounds may be applied to the balcony or patio decks or the balcony rails without consent of the Board. The foregoing notwithstanding, the Board, shall, in accordance with the Rules and Article 14 have the ultimate authority to establish, determine, approve and/or disapprove such rules and regulations affecting the placement, storage and nature of items pennitted in the Balcony areas. 13.19. WINDOW COVERINGS. All drapes, curtains, window coverings, shutters or blinds visible from the Common Area or public areas shall be beige or white or neutral-toned in color or so lined. Other colors, materials and patterns may be used, provided they are approved by the Board or its delegated committee. No window shall ever be covered with paint or aluminum foil; provided, however, non-reflective solar flims shall be pennitted. 13.20. WATER QUALITY PROTECTION (a) To protect the quality of our nation's waters, a number of federal, state and local laws, ordinances, rules, regulations and orders prohibit the discharge of anything other than natural rain water into storm drain systems, including gutters and streets that drain into storm drains. These governmental requirements include the Clean Water Act, the National Pollution Discharge Elimination System orders and permits of the State Water Resources Control Board and the Regional Water Quality Control Board, the ordinances and regulations of the City of Carisbad and County of San Diego, and any Storm Water Pollution Prevention Plan covering the ProjecL Each Occupant shall comply with all such govemmental requirements. As of the date of recordation of this Declaration, the California State Water Resource Control Board has an Internet Web site which contains information, publications and links regarding water quality protection requirements at http://www.swrcb.ca.gov. (b) Most discharges of anything other than natural rain water into stomn drain systems are unlawful and may result in significant penalties and fines. No Occupant shall discharge or pennit to be discharged (for example by a contractor working for the Occupant) any of ttie following into any sti-eet gutter, storm drain or storm water conveyance system: toxic or hazardous chemicals, hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, fertilizers, lawn clippings, yard waste, detergents, pet waste, or other similar materials or pollutants. (c) Each Occupant shall comply with and cause its contractors to comply with all federal, state, County and City requirements, and the requirements of any other applicable govemmental agency regarding the use, storage and disposal of pesticides, fungicides, heriDlcides, insecticides, fertilizers and other such chemicals. Occupants should consult vwth the City, other govemmental authorities, and their refuse hauler regarding the proper disposal of any toxic or hazardous materials. (d) Each Occupant shall ensure ttiat any landscaping and constmction materials brought into the Project by the Occupant or its contractors shall be properiy contained to prevent spillage into any street, gutter or stonn drain system. Should a spillage occur, the Occupant shall (or cause the conti-actor responsible for tiie spill to) sweep the spilled material and place it in a container; it shall not be washed into any storm water curb drain inlet. Each Owner shall prevent erosion and the mnoff of soil and other sediment from the Owner's Condominium into any street, gutter or storni drain system. (e) The Occupant of Unit D shall maintain their Exclusive Use Yard Area so that they do not interfere with the drainage runoff improvements installed in the Landscaping. Unit D Owner shall keep that area clear of all debris and is prohibited from filling it with any hardscaping, soil or plantings. Occupant and/or Owner of Unit D shall allow the Association or Association's representative to inspect and clean the drainage improvements at least twice per year. Such inspections and cleaning shall be an expense of the Association. (f) Each Owner shall indemnify, protect, defend and hold Declarant harmless from any and all claims, liability, actions, penalties or damages (including attorney's fees, experts' fees and costs of suit) arising from or attributable to the Occupant's failure to comply with the requirements of this Section. 13.21. BOARD PERMITTED TO EXPAND VERTICAL LIMITS. 35 The Board shall have the right to allow Owners to exclusively use portions of the Common Area above or below the vertical limits of any Exclusive Use Area. 13.22. NO CHANGES IN PLUMBING WITHOUT ASSOCIATION APPROVAL No internal plumbing or plumbing fixtures shall be revised in any Unit without approval by the Board or its delegated committee if such revision would result in increased water consumption. 13.23. CAR MAINTENANCE AND POWER EQUIPMENT. 13.23.1. CAR MAINTENANCE. No car maintenance, servicing, repairing, assembling, disassembling, modifying, restoring, or any work other than emergency work, shall be permitted in a Condominium or the Project, except with prior written approval of the Board for minor repairs only. The foregoing shall not be deemed to prevent the washing or polishing of motor vehicles together with those activities normally incident to such activity. The length of time allowed for emergency or approved minor repair wori< shall be determined by the Board through the Rules. The foregoing notwithstanding, no emergency or repair work shall be permitted for any continuous period of twenty-four (24) hours. 13.23.2. POWER EQUIPMENT. No power equipment (otiier than "hand-held" power tools) or other similar apparatus may be used in the Project, except with the prior written permission of the Board or its delegated committee. In deciding whether to grant approval, consideration shall be given to the effect of noise, air pollution, dirt or grease, fire hazard, interference with radio, television reception and similar objections. The foregoing notwitiistanding, the use of power equipment in connection with any construction activity authorized by the Declarant, the Board or its delegated committee shall be permitted, provided the same is conducted exclusively between the hours of 7 a.m. and 6 p.m., except in the case of an Emergency. 13.24. USE OF COMMON AREA. Except as otherwise provided herein, the Common Area shall be improved and used only for the following purposes. (a) Affording vehicular passage, temporary and emergency parking, and pedestrian movement within the Project, including access to the Dwellings; (b) Recreational use by the Owners and occupants of a Dwelling and their Invitees, subject to the Rules; (c) Beautification of the Common Area and providing privacy to the residents of the Project through landscaping and such other means as the Board or its delegated committee shall deem appropriate; (d) Parking of automotive passenger vehicles in areas provided therefor as may be designated and approved by the Board by such persons, upon such terms and conditions and for such fees as may from time to time be determined by the Board; (e) As Exclusive Use Common Areas to be used in the manner hereinafter described. Nottiing herein contained shall be deemed to allow persons other than the Ovmer of a Unit to which an Exclusive Use Common Area is appurtenant (or his Invitees) to the enjoyment and use thereof; (f) No part of the Common Area shall be obstructed so as to interfere with its use for the purposes hereinabove pennitted, nor shall any part of the Common Area be used for storage purposes (except as incidental to one of such pennitted uses, or for storage of maintenance equipment used exclusively to maintain the Common Area or in storage areas designated by the Board), nor in any manner which shall increase the rate of which insurance against loss by fire, or the perils of the extended coverage endorsement to the California Standard Fire Policy fonn, or bodily injury, or property damage liability insurance covering the Common Area and improvements situated thereon may be obtained, or cause such premises to be uninsurable against such risks or any policy or policies representing such insurance to be canceled or suspended or the company issuing the same to refuse renewal thereof. 36 13.25. EXCLUSIVE USE OF COMMON AREA BY MEMBER. The affirmative vote of Members owning at least sixty-seven percent (67%) of the separate interests in the common interest development is required before the Board may allow one or more Members to exclusively use portions of the otherwise nonexdusive Common Area unless one of the exceptions found in Civil Code Section 4600 applies. 13.26. INTERIOR OF CONDOMINIUMS; MODIFICATIONS; HANDICAPPED ACCESS. Subject to the provisions of this Declaration, applicable provisions of law and Civil Code Section 4760, as it may from time to time be amended, each Owner shall have the right, at his sole cost and expense: (a) Make any improvement or alteration within the boundaries of member's Living Unit that does not impair the structural integrity or mechanical systems or lessen the support of any portions of the common interest development. (b) To modify the member's Living Unit, at the member's expense, to facilitate access for persons who are blind, visually handicapped, deaf, or physically disabled, or to alter conditions which could be hazardous to these persons. These modifications may also include modifications of the route from the public way to the door of the separate interest for the purposes of this Section if the Living Unit is on the ground floor or already accessible by an existing ramp or elevator. The right granted herein is subject to the following conditions: (1) The modifications shall be consistent with applicable building code requirements; (2) The modifications shall be consistent with the intent of otherwise applicable provisions of this Declaration pertaining to safety or aesthetics; (3) Modifications extemal to the Living Unit shall not prevent reasonable passage by other residents, and shall be removed by tiie Ovmer when the separate interest is no longer occupied by persons requiring those modifications who are blind, visually handicapped, deaf, or physically disabled. Any Ovmer who wishes to modify their Living Unit pursuant to this Section, shall comply with the provisions of Article 14 regarding the review and approval by the Board or its delegated committee of such modifications, which approval shall not be unreasonably withheld. 13.27. EXCLUSIVE USE COMMON AREAS. Each Exclusive Use Common Area shall be (a) appurtenant to the Unit with which the Exclusive Use Common Area is conveyed, and (b) used only for the purposes set forth in this Declaratton. The right to so use an Exclusive Use Common Area shall be exercisable only by the Ovmer of the Condominium appurtenant thereto and/or said Ovmer's tenants and licensees. Conveyance of a Condominium shall effect conveyance of Exclusive Use Common Areas appurtenant thereto and transfer all rights thereto to the vested Owner of ttie Condominium. Any license thereto shall be terminated upon such conveyance. No Exclusive Use Common Area nor any rights thereto (other than said revocable licenses) shall be transferred or conveyed apart from the Condominium to which it is appurtenant. Each Exclusive Use Common Area shall be deemed to be Common Area for all those purposes set forth in this Declaration vvhich are not inconsistent with Article 14. Except as provided in this Section and Section 13.27, nothing contained herein shall give any Owner the right to paint, decorate, remodel or alter said Exclusive Use Common Area or any other part of the Common Area without the prior written consent of the Board or its delegated committee in accordance with Article 14. 13.28. VEHICLE RESTRICTIONS. 13.28.1. PROHIBITED VEHICLES. No trailer, recreational vehicle, camper, camper shell alone or when on a vehicle and it is higher ttian the cab or longer than the factory bed of that vehicle, bus, truck over ^lA ton, all-ten-ain vehicle (ATV), boat trailers, commercial vehicles (except as described in Section 13.30.3j, permanent tent or similar equipment shall be pennitted to remain upon any area within the Project other 37 than temporarily for purposes of loading and unloading. "Temporary parking" shall mean paricing of vehicles belonging to Invitees or Owners, delivery trucks, service vehicles and other commerciai vehicles being used in the fumishing of services to the Association or the Owner and pari<ing of vehicles belonging to or being used by Owners for loading and unloading purposes only. No noisy or smoky vehicles shall be operated in the Project. 13.28.2. RESTRICTED VEHICLES. No inoperable or unlicensed vehicle shall be permitted to remain upon any area within the Project in such a manner that it is visible from the Common Area, neighboring property and public roads. Motorcycles and motorbikes shall be permitted, provided they are operated at noise levels not exceeding 45 decibels. The storing, placing or parking of any vehicle, or any part thereof which is disabled, unlicensed, unregistered, inoperative, or from which an essential or legally required operating part is removed, shall be prohibited unless conducted within a garage. 13.28.3. PERMITTED VEHICLES. Automobiles, standard-sized vans, boats on trailers and pickup trucks shall be permitted vehicles within the Project. Permitted commercial vehicles shall include automobiles or standard sized vans and pickup trucks which are used both for business and personal use, provided that any signs or markings of a commercial nature on such vehicles shall be unobtmsive and inoffensive as determined by the Board. 13.28.4. CONSTRUCTION AND SALES VEHICLES. Trailers or temporary stmctures for use incidental to the actual construction or reconstmction of Improvement in the Project may be erected with the approval of the Board or its delegated committee, but no such temporary stiucture shall remain in the Project for a longer period of time than is customarily required to constmct like or similar Dwellings. The foregoing notwithstanding. Declarant or Declarant's successor in interest may maintain trailers or temporary stmctures within the Project which are incidental to the completion of tiie Project or for initiai construction on property owned by Declarant and situated in the vicinity of ttie Project. 13.29. PARKING SPACES. Pari<ing space areas shall be used to paric automobiles, standard sized pickup ti-ucks, boats on trailers or standard sized vans; provided that such vehicles may be fully enclosed or contained therein and not interfere with ttie reasonable access to adjacent vehicles, and such vehicles to the contrary shall not be permitted in the Project. No ovmers or their tenants shall park more vehicles in the Project at any one time ttian tiie number of vehicles that their parking apace areas, as applicable, was designed to accommodate. No Owner shall block or impede access of fire fighting equipment to private streets and fire hydrants within the Common Area. The Board may, from time to time, establish rules and regulations for the operation and parking of vehicles in the Common Areas and such activities related thereto. Any permission from the Board for use of an unassigned parking space, if any, will create only a license to use such parking space, revocable at any time by the Board with three (3) days' written notice. 13.30. STORAGE AREAS; STOFIAGE UNITS. Storage Areas/Storage Units shall be used only for the storage of personal property. In no event shall a Storage Area be used for the storage of any hazardous malerials or any other noxious, toxic, or odorous substances. 13.31. TOWING. (a) Any vehicle within the Project pariced in violation of this Declaratton or the Rules and Regulations of tiie Board may be removed as provided for in accordance with the provisions of Califomia Vehicle Code Sectton 22658, and any amendments thereto, or in accordance with City ordinances. (b) The foregoing notwithstanding, the Associatton may cause the removal, without notice, ofany vehicle parked in a marked fire lane, within fifteen (15) feet ofa fire hydrant, or in a manner which interferes with any entrance to or exit from the Project or any Condominium Unit, parking space, garage or driveway located thereon due to the safety hazard of a potential 38 Emergency. (c) The Associatton shall not be liable for any damages incurred by the vehicle owner because of the removal in compliance with this Sectton or for any damage to the vehicle caused by the removal, unless such damage resulted from the intenttonal or negligent act of the Associatton or any person causing the removal of or removing the vehicle. If requested by the owner of the vehicle, the Association shall state the grounds for the removal of the vehicle. 13.32. LIABILITY FOR DAMAGE TO COMMON AREA. Each Owner shall be legally liable to the Associatton for any damages to the Common Area or to any Improvement therein that may be sustained by reasons of the negligence of that Owner and/or such Owner's Invitees, as such liability may be determined under California law. Each Owner, by acceptance of deed to such Owner's Condominium, agrees: (a) to be responsible for compliance with the provisions of this Declaration, the Articles, Bylaws and Rules of the Board or any architectural standards, and for compliance by such Owner's Invitees, (b) to hold each other Owner harmless from, and to defend each other Owner against, any claim of any person for personal injury or property damage occurring within such Owner's Unit and/or Exclusive Use Common Area appurtenant thereto, unless the injury or damage occurred by reason of the negligence of any other Owner, and (c) after written nottce and an opportunity for a hearing as provided in Section 10.5.2 to pay any fines and penalfies assessed pursuant hereto, the Bylaws or the Rules or architectural standards, for any violatton by such Owner or such Owner's Invitees. 14. ARCHITECTURAL AND DESIGN CONTROL 14.1. RESTRICTED ACTIVITY. The powers and duttes set forth in this Article shall be vested in, and exercised by the Board of Directors of the Associatton. No building, fence, wall, obstmction, outside or exterior wiring, patio, patto cover, tent, awning, carport, carport cover, trellis or other similar type of Improvement or structure of any kind, or exterior alteration shall be commenced, erected, placed, painted or maintained upon the Project, nor shall any alteration or improvement of any kind be made thereto, nor shall any outdoor umbrellas be erected, extensive landscaping of balcony area, if any, visible from the street or from the Common Area be undertaken, until the same has been approved in writing by the Board. 14.2. PLAN SUBMISSION; REVIEW. Complete preliminary plans and specifications showing the nature, kind, shape, color, size, height, materials to be used and location of any proposed improvement or alterations shall be submitted to the Board for approval as to quality of woricmanship, design and hamnony of extemal design with existing structures, and as to location in relation to sun-ounding stmctures, topography, and finish grade elevation. In the event ttie Board fails to approve, disapprove, or request addittonal informatton regarding the preliminary plans and specificattons within thirty (30) days after tiie same have been submitted to it in accordance with any architectural standards regarding such submission adopted by the Board, such preliminary plans and specifications shall be deemed to have been approved by the Board. Thereafter, the Owner of the Unit for which such preliminary plans and specifications have been approved may proceed with the preparation of final plans and specifications, and upon completion thereof, submit such final plans and specifications to the Board for conformance review to the preliminary plans and specifications. In the event the Board fails to approve, disapprove or request additional information regarding the final plans and specifications within forty-five (45) days after the same have been duly submitted to it in accordance with any architectural standards regarding such submission adopted by the Board, such final plans and specifications shall be deemed to have been approved by the Board. 14.3. BOARD APPROVAL. The Board shall approve proposals or plans and specifications submitted for its approval only if it deems that the constructton, alteratton, additton or other constructton acttvity contemplated thereby in the locattons indicated wili not be detrimental to the appearance of the Project and surrounding real property as a whole, and that the appearance of any structure or other Improvement will be in harmony with the surrounding structures and Improvement. Notwithstanding 39 the foregoing, no Improvement may be made within any Unit that will cause excessive noise to be transmitted to other LJnits (e.g. the installation of hard flooring within Units above ground level). 14.4. APPROVED CONDITIONS. The Board may condition its approval of proposals or plans and specifications on such changes thereto as it deems appropriate, and may require submission of additional plans and specifications or other information prior to approving or disapproving materials submitted. The Board may adopt, amend or supplement its architectural standards (a) concerning design and materials standards, rules and guidelines for construction activities, (b) setting forth procedures for the submission of plans for approval, and (c) specifying additional factors wtiich it will take into consideration in reviewing submissions. The Board may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, drainage plans, elevation drawings and description or samples of plantings, exterior materials and colors. Until receipt by the Board of all plans, specifications or other materials deemed necessary by the Board, the Board shall not deem the plans complete and may postpone review of any plans submitted for approval. 14.5. EXEMPTED FROM REVIEW. No pemiission or approval shall be required to repaint or rebuild any Improvement in accordance with Declarant's original color scheme or plans and specifications, or as previously approved by the Board. Nothing contained herein shall be consbxied to limit the right of an Ovmer to paint the interior of his Living Unit any color desired, or to improve or alter any improvements within the interior boundaries of the Owner's Living Unit, provided such improvement or alteration does not impair the structural integrity of any Common Area, the utilities, or other systems servicing the Common Area or other Condominiums, and does not involve altering any Common Area (including bearing walls). The provisions of this Article shall not apply to the initial constmction by Declarant of any improvements in the Project, and the Board shall have no authority or right to approve or disapprove thereof 14.6. DUTIES. It shall be the duty of the Board to consider and act upon any and all proposals or plans submitted to it pursuant to this Declaration and any architectural standards adopted by ttie Board, to insure that any improvements consb-ucted on ttie Condominium by anyone ottier than Declarant confom herewith, to perform other duties delegated to it by Association within the ttme periods set forth herein, and to carry out all other duties which may be imposed upon it by Uiis Declaration. The Board, in its own name or on behalf of the Association, may exercise all available legal and equitable remedies to prevent or remove any unauthorized and unapproved construction or improvements on tiie Property or any portion thereof The Board shall have the right, upon reasonable notice, to inspect any and all improvements made by an Ovmer. The Board shall have a duty to keep and maintain a record of all action from time to time taken by the Board at all meetings or othenwise. 14.7. COMPENSATION. Board members shall receive no compensation for services rendered, other than reimbursement by the Associatton for expenses incurred by them in the perfonnance of their duttes hereunder. Provided, however, any Board member may receive compensatton in the event he or she renders services in a professional capacity provided, however, that any such services shall not create a conflict of interest for that Board member or the Associatton. 14.8. FEE FOR REVIEW. The Board shall have the right to establish a reasonable fee for the review and approval of plans and specifications that must be submitted to it pursuant to the provisions of this Article or the Bylaws, which shall be reasonably related to the duttes perfonned and to cover any expense incurred in obtaining professional review assistance from licensed engineers, architects or contractors. 14.9. ARCHITECTURAL STANDARDS. The Board may, from ttme to time and in its sole discretion, adopt, amend and repeal, by unanimous vote, rules and regulations to be known as architectural standards. Said architectural standards shall interpret and implement the provisions of this Article by setting forth the standards and procedures for Board review and guidelines for architectural design, landscaping, color schemes, exterior 40 finishes and materials and similar features which are recommended for use in the Project; provided, however, that said architectural standards shall not be in derogation of the standards required by this Declaration. The architectural standards may provide for the preapproval or exemption from approval of certain specified types or categories of improvements, provided that such preapproved or exempted construction activities are implemented by the affected Owner in confonnance with the standards for design, materials and other criteria established in the architectural standards for such preapproved or exempted construction activities. The Board may from time to time adopt, supplement or amend the architectural standards to establish, expand, limit or otherwise modify the categories and criteria for any preapproved or exempted construction activities. 14.10. DESIGN CRITERIA. The Board shall review and approve or disapprove all plan^ submitted to it for any proposed Improvement, alteration, addition or other constructton activity on the basis of satisfaction of the Board with any of the following, as may be appropriate: grading plan, location of the improvements on the Property, finished ground elevation, color scheme, finish, design, proportions, architecture, shape, height style, appropriateness of proposed improvements, effect on adjoining Units, Condominium Buildings and/or other Improvement within the Property, the materials to be used, the kinds, pitch or type of roof proposed, the planting, landscaping, size, height or location of vegetation, and, the basis of aesthetic considerations and the overall benefit or detriment to the Project and sun-ounding real property generally that would result from such Improvement, alteration, addition or other constmction activity. Although the Board shall take into consideration the aesthetic aspects of the architectural designs, placement of buildings, landscaping, color, schemes, exterior finishes and materials, and similar features, it shall not be responsible for reviewing, nor shall its approval of any plans or design, be deemed approval of any plan or design from the standpoint of adequacy of drainage, structural safety or conformance witti building or other codes. The Board approval of any particular constmction activity shall expire, and the plans and specifications therefor shall be resubmitted, if substantial work pursuant to the approved plans and specifications is not commenced within one (1) year after the Boards approval of such constmction activity. All constmction activity shall be perfonned as promptty and as diligentty as possible and shall be completed within such reasonable period of ttme specified by the Board. 14.11. VARIANCES. The Board may authorize variances from compliance witii any of the architectural provisions of this Declaration when circumstances such as topography, natural obstitictions, hardship, aesthetic or environmental considerations may require, which variances shall not be unreasonably withheld by the Board. Such variances must be in vmting, and must be signed and acknowledged by at least a majority of the members of the Board. The granting of a variance shall not operate to waive any of Uie terms and provisions of this Declaration for any purpose except as to Uie particular property and particular provision covered by Uie variance, nor shall it affect in any way the Owner's obligation to comply with all lawre and regulations of all appropriate govemmental jurisdictions. 14.12. ESTOPPEL CERTIFICATE. Within thirty (30) days after written demand is delivered to the Board by any Owner, and upon payment to the Association of a reasonable fee pursuant to Sectton 14.9, the Board shall provide the Owner with an estoppel certificate certifying that as of the date thereof, either: (a) all Improvement made and other work completed by said Owner comply with this Declaratton, or (b) such Improvement or work do not so comply, in which event the certificate shall also identify the non- complying Improvement or work and set forth with particularity the basis of such non-compliance. Any purchase from the Owner, or from anyone deriving any interest in said Condominium through him, shall be entitled to rely on said certificate with respect to the matters therein set forth, such matters being conclusive as between the Associatton and Owner and such Persons deriving any interest through them. 14.13. LIABILITY. The Board shall not be liable to the Associatton or to any Owner for any damage, loss or prejudice suffered or claimed on account of: (a) the approval or disapproval, or delay thereof of any plans, drawings and specificattons, whether or not defecttve; (b) the constructton or performance of any work, whether or not pursuant to approved plans, drawings, and specifications; (c) the development of any property within the neighborhood; or (d) the executton and filing of an 41 estoppel certificate whether or not the facts therein are correct; provided, however, that such Board member has acted in good faith on the basis of such information as may be possessed by him. 14.14. ENFORCEMENT. In the event of a violation of any of the provisions of this Article, by any Owner including, without limitation, faiiure of any Owner to comply with the written directive or order from the Board, the Board shall have the right and authority to enforce, pursuant to Article 22 hereinafter, the performance of the subject matter of such directive, including, if necessary, the right to enter onto the Condominium where a violation of these restrictions exists and perform remedial work, and the cost of such performance shall be charged to the Owner of the Condominium in question. Such costs shall be due within five (5) days after receipt of written demand therefor, and shall bear interest at the maximum rate allowed by law. Said costs may be recovered by the Board together with such interest and reasonable attorney's fees and costs in an action at law against such Owner. 14.15. NON-COMPLIANCE WITH LAWS. Neither the Association, the Board, its delegated committee, nor any member thereof shall be responsible for any non-compliance with any governmental law, rule or regulation of any building or other structure erected, constructed, installed, placed, altered or maintained in accordance with or pursuant to any plans and specifications approved by the Board or any defect in any conditions or requirements they may have imposed with respect thereto. 14.16. APPROVAL BY GOVERNMENTAL JURISDICTION. Prior to commencing any alteration or improvements approved by the Board, the Owner shall comply with all appropriate governmental jurisdiction laws and regulations. Approval by the Board shall not be considered to sattsfy the appropriate approvals that may be required by any govemmental entity with appropriate jurisdiction. The Association shall not be obligated to enforce the provisions of this Section. An Owners failure to obtain such govemmental approval may subject such Ovmer to certain penalties imposed by ttie governmental entity, notwithstanding the approval of Board, which penalties shall be the responsibility of such Owner. 15. RESPONSIBILITIES OF MAINTENANCE 15.1. GENERAL The Association and all Owners are hereby required to maintain the areas described in this Article. For purposes of this Article "maintenance" shall include, without limitation, the painting, weatherproofing and cleaning of the items set forth below to keep a clean, safe and sanitary condition necessary to preserve ttie ath-active appearance of each Condominium and ttie Project and to protect tiie values thereof. The Board shall have the power to detennine the standards of such maintenance, which shall be, at a minimum, in conformance with maintenance standards for similar projects in the area. 15.2. OWNER RESPONSIBILITY. Except for those portions of the Project that the Association is required to maintain and repair, each Owner shall, at his sole cost and expense, maintain and repair the following in a safe, attractive and neat manner consistent with the highest standards of the surrounding properties: (a) All doors, attached to the Unit, whether interior or exterior, glass or otherwise, and windows, including the metal frames and tracks of such doors and windows, and hardware attached thereto, door bells, screen doors and all other screens enclosing openings to the Unit; provided that painting or replacement of exterior doors and windows shall require the prior approval of the Board; (b) The interior of such Owners Living Unit, including the interior surfaces; (c) All appliances whether "built-in" or "free-standing" within the Living Unit (d) Except for the utility facilities to be maintained by the Association, as described 42 in Section 15.6, each Owner shall also be responsible for the maintenance, repair and replacement of the plumbing, heating, ventilating and air-conditioning systems, which service such Owner's Condominium including air-conditioning compressors, and television and cable equipment, wires and connections, telephone wiring and all appliances, equipment and fixtures, lighttng fixtures, including light bulbs, provided such systems are used or operated exclusively by such Owner and not in common; 15.3. OWNER RESPONSIBILITY OF EXCLUSIVE USE COMMON AREAS. Each Owner shall be responsible for (a) general maintenance and cleaning of the interior, or inside-facing surfaces, of any Exclusive Use Common Areas that may be appurtenant to such Owner's Unit, including any interior facing wood or stucco railings, fences, walls and, if any; and (b) maintenance, repair and replacement of the lighttng fixtures, and light bulbs, and other fixtures, including lighttng fixtures located at the front, rear or side entrances to a Living Unit provided such fixtures and appliances are not used in common with other Owners, in which case the Associatton shall be responsible. Except in an Emergency, the replacement of exterior fixtures, appliances, doors and equipment shall require the prior approval of the Board, or its delegated committee. In the case of an Emergency replacement, an Owner shall take reasonable measures to conform with the overall scheme of the Project, and subsequentty replace such item if directed by the Board or Committee. Each Owner shall also be responsible to see that his or her assigned appurtenant Garage and/or Parking Space area, if any, is kept clean and free of excessive grease and oil spills. The Occupant of Unit D shall maintain their Landscape Exclusive Use Area so that they do not interfere with the drainage runoff improvements installed in the Landscaping. Unit D Owner shall keep that area clear of all debris and is prohibited from filling it with any hardscape, soil or planttngs. 15.4. DAMAGE FROM WITHIN A UNIT. Except to the extent covered by insurance carried by the Association, in ttie event the Board shall determine that the walls, ceilings, floors, doors, or windows or any other portion of the Common Area fonning the boundaries of a Unit have been damaged from within a Unit notwithstanding that such damage may be to the Common Area, the Owner of the Unit shall be responsible for repairing such damage in a timely manner in accordance with such mles as the Board or its delegated committed shall from time to time adopt. 15.5. OWNER'S FAILURE TO MAINTAIN; WILLFUL OR NEGLIGENT ACT. In the event an Ovmer fails to maintain the areas described herein pursuant to the standards set by the Board or its delegated committee, or if an Ovmer, or his Invitees or pets, cause the willful or negligent act or neglect of the same or any other area within the Project, the Board may notify the Ovmer of the work required and request that the same be done within a reasonable time under the specific circumstances. However, in such circumstances, the Board shall have the right to approve the person or company who shall peri'onn the maintenance or repairs and the method of repair. In ttie event ttie Owner fails to carry out such maintenance or repair within said ttme period, the Board may, following nottce and a hearing as provided in Section 11.4, cause such woric to be done and the cost thereof shall immediately be paid by such Ovmer to the Association and until paid shall bear interest at the rate of twelve percent (12%) per annum. 15.6. RESPONSIBILITY OF ASSOCIATION. The Association shall provide for adequate and reasonable replacement, maintenance and repair of the following: (a) The maintenance, repair and replacement of all facilities, including utility facilities as described below and in Section 15.8, the Common Area including, but not limited to, recreation areas (if any), private driveway, walkways, lighting, doors of utility closets, mailboxes, excluding mailbox locks, if any, and replacement of any keys thereto, which shall be the responsibility of the individual Owners, trash enclosures, landscaped and open space areas, irrigation equipment in Non-Exclusive Use Common Areas, the exteriors, bearing walls, foundations, roofs, metal flashings between rooflng and chimneys and roofing vents, gutters and downspouts of all Condominium Buildings and other structures on the Property and all property that may be acquired or leased by the Association. The utility facilities that the Association shall maintain shall include all gas, water and water pipes, all sewer, all 43 ducts, flues, chutes, conduits, wires and other utility installations within the Project wherever located excepting the outiets that are located within a Condominium Unit. (b) The periodic inspection, not less than annually, of (i) all electrical, gas, water and cable utility controls and meters; (ii) all roofs and metal flashings for evidence of cracking, damage or exposure of underiying structures to the elements; (c) The maintenance, repair and replacement of any fixtures, lighting or otherwise, located within tlie Common Area, including those located in Exclusive Use Common Areas that are not used exclusively by one Owner; (d) The maintenance, repair and replacement of all Common Area fences, walls and railings and any of the same that are within or delineated Exclusive Use Common Areas, but only due to the extent such maintenance, repair and replace is due to normal wear and tear; (e) The maintenance and repair of all parking spaces, if any, except for excessive grease and oil spills that is the responsibility of the respective Owner as described in Section 15.3. (f) The periodic inspection, but not less than annually, of all Exclusive Use Common Areas for surface wear and tear and drainage conditions, as applicable, for purposes of ascertaining the necessity for remedial or long-term maintenance and repair to assure the integrity of such surface, and for the repair thereof when required; (g) The maintenance and repair of the Common Area as required to control the presence of or damage caused, by wood-destroying pests or organisms; provided, however, the costs of temporary relocation during such maintenance or repair shall be paid by the Unit owner affected. The Association is hereby given the power to temporarily remove any Unit owner or occupant for such periods and at such times as may be necessary for prompt, effective treatment of such pests or organisms. The Association shall give notice of the need to temporarily vacate a Unit to the record owners and occupants not less than fifteen (15) days nor more than thirty (30) days prior to the date of the temporary relocation. The notice shall state the reason for the relocation, the date and time of the beginning of treatment, the anticipated date and time of tennination of treatmen,t and that the occupants will be responsible for all necessary accommodations during the relocation. Any such notice shall be given in accordance with Section 23.5 provided that an additional notice shall also be given to any occupant of the Condominium if such occupant is not the Owner; (h) All utility, sewer or drainage systems not maintained by a public entity, utility company, or improvement district, where such systems are used to provide services to Common Area facilities; (i) Such other areas, facilities, equipment, services or esthetic components as may from time to time be requested by the vote or written consent of at least two-thirds (2/3) (i) of the Members of the Association, and (ii) of the Members of the Association other than the Declarant. (j) All of the foregoing Association responsibilities are intended to be applicable only in circumstances due to normal wear and tear, the need for replacement, or the willful or negligent act or neglect of the Board or its agents, and not when due to any negligent act of an Owner or his Invitee(s). 15.7. UTILITY FACILITIES: OWNER'S RIGHTS AND DUTIES. (a) The rights and duties of an Owner of a Condominium wittiin the Project with respect to sanitary sewer, water, drainage, electric, gas, television receiving and telephone equipment, cables and lines, exhaust flues, and heattng and air condittoning facilities, including air conditioning compressors and condensers (hereinafter referred to, collectively, as "utility facilities") that are located in or on Condominiums owned by other than the Ovmer of a Condominium served by said utility facilities, shall be as follows: (b) Such Owner shall have the right of reasonable access for themselves or for utility companies to repair, replace, and generally maintain said utility facilities as and when necessary. Notification of such entry shall be given at least twenty-four (24) hours in advance. Such entry shall be made with as little inconvenience to the affected Owner as possible and any damage caused thereby shall be repaired by the entering Owner at his own expense. In the case of any Emergency, the right of entry shall be immediate. 44 (c) An Owner shall be entitled to reasonable access to the Common Areas for the purpose of maintaining the uttlity facilities appurtenant to such Owner's Unit and/or which serve such Unit in accordance with the provisions of this Declaration. The access shall be subject to the consent of the Board, whose approval shall not be unreasonably withheld, and which may include reasonable condittons of approval for any portion of such uttlity facilities that are located on the exterior of the Common Areas, and other conditions as the Board determines reasonable. (d) Whenever utility facilities are installed within the Project, which utility facilities serve more than one Condominium, the Owner of each Condominium served by said utility facilities shall be entitied to the full use and enjoyment of such portions of said utility facilities as service his Condominium. (e) In the event of a dispute between Owners with respect to the repair or rebuilding of said utility facilities, or with respect to the sharing of the cost thereof, then, upon written request of one (1) of such Ovmers addressed to the Association, the matter shall be submitted to arbitration pursuant to the rules of the American Arbitration Association, and the decision of the arbitrator(s) shall tje final and conclusive on the parties. 15.8. ASSOCIATION'S DUTIES REGARDING CERTAIN UTILITY FACILITIES. The Association shall maintain all utility facilities located in the Common Area except for those facilities maintained by utility companies, public, private, or municipal, and those maintained by the Owners as described elsewhere in this Article. The Association shall pay all charges for utilities supplied to the Common Area except those metered or charged separately to the individual Condominiums. 15.9. MOLD The Association, with respect to Common Area, and each Owner and Occupant, with respect to its Condominium, shall take all reasonable and appropriate steps to prevent conditions that may cause mold or mildew to develop, including any recommendations contained in any maintenance manual or in any applicable publications of the Califomia Department of Health Services ("DHS") or the United States Environmental Protection Agency ("EPA"). As of the date of recordation of these CC&RS, the EPA and DHS have Internet Web sites which contain information and publications regarding mold and other biological pollutants. For example, see Biological Pollutants in Your Home" and "Mold Resources" on the EPA Web site (http://www.epa.gov); and 'Indoor Air Quality Info Sheet: Mold in My Home: What Do t Do" on the DHS Web site (http://wvvw.dhs.ca.gov). An Owner or Occupant shall promptty report to the Association any evidence the Ovmer or Occupant may discover of moisture accumulation or mold in the Project. Should an Owner or Occupant fail promptiy to report to the Association any evidence of moisture accumulation or mold in that Owner's Condominium tiiat may affect the Common Area or should an Owner or Occupant fail promptiy to report to another Owner or Occupant any evidence of such moisture accumulation or mold that may affect such other Owner's or Occupant's Unit, such Owner shall be obligated to reimburse the Association and the other Owner(s) for all costs incurred by ttie Association or other Owner(s) as a result of the unreasonable delay in reporting the condition to the Association or other Owner. 15.10. ASSUMPTION OF MAINTENANCE OBLIGATIONS. Declarant and its subcontractors, and the agents and employees of the same, shall have the right to come upon the Common Area to complete the constmction, refurbishment or installation of any landscaping or other improvements to be installed thereupon. In the event that any of Declarant's subcontractors are contractually obligated to maintain the landscaping and/or other improvements on any portion of the Common Area, such maintenance shall not be assumed by the Associatton until the termination of such contractual obligation. If there is any excess of assessments collected over actual Common Expenses incurred by the Association, caused by reason of this Section, or otherwise, such excess shall be placed in reserve to offset the future expenses of the Association in any manner designated by the Board. 15.11. PROPERTY MANAGEMENT. The Board of Directors of the Associatton may employ a professional management company to handle the day to day management and operatton of the Project ("Managing Agent"). 15.12. PROSPECTIVE MANAGING AGENTS. 45 Pursuant to California Civil Code Section 5375, or any succeeding statute, prior to entering into a management agreement, but in no event more than 90 days before, the Board shall obtain a written statement from the Managing Agent that shall contain all of the following information concerning the Managing Agent; (a) The names and business addresses of the owners or general partners of the Managing Agent. If the Managing Agent is a corporation, the written statement shall include the names and business addresses of the directors and officers and of shareholders holding greater than ten percent (10%) of the shares of the corporatton. (b) Whether or not any relevant licenses, such as architectural design, construction, engineering, real estate or accounting have been issued by the State of California and are currently held by the persons specified in the above paragraph. If a license is currentiy held by any of those persons, the statement shall contain the following information: (i) what license is held, (ii) the status of that license, (iii) the name of the licensee appearing on that license, and (iv) whether or not there have been any violations or flnes relating to such license within the previous five (5) years and whether or not any are existing or pending. (c) Whether or not any relevant professional certifications or designations such as architectural design, construction, engineering, real property management or accounting are currentiy held by any of the persons specified above, including, but not limited to, certified property manager or professional association manager. If any certification or designation is held, the statement shall include the following information: (1) what the certification or designation is and what entity issued it (ii) the status of that certification or designatton, (iii) the names which the certificatton or designation is held and, (iv) whether or not there have been any violattons or fines relattng to such certification or designation within the previous five (5) years and whether or not any are existing or pending. (d) Whether or not there have been any judgments, satisfied or not against such Managing Agent within the previous five (5) years and whether or not there are any existing legal actions. 15.13. LANDSCAPE MANAGEMENT. The Board of Directors of the Association shall employ a professional landscape contractor appropriately licensed by the State of California, to provide for the landscape management and maintenance of the Project, as hereinafter described, and to serve as a consultant to the Board and the Property Manager in the administration of the landscape maintenance duties of the Association. 15.14. USE OF LICENSED CONTRACTORS; WORKFORCE; PERMITS. All work of repair or replacement required to be performed pursuant to this Article shall be performed only by reputable and experienced contractors, appropriately licensed by the State of California or other controlling governmental jurisdiction. A contractor's workforce shall be presentable at all times and all employees shall be competent and qualified. If building or other permits are required for such work, then such permits shall be obtained before the work is commenced. 15.15 ASSOCIATION'S FAILURE TO MAINTAIN 15.15.1 Should the Associatton fail to maintain the Common Area or easements, the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association with a copy to the Owners, setting forth with particularity the maintenance that the City finds to be required and requesting the same be carried out by the Association or Owners within a period of thirty (30) days from the notice. If the Association or Owners fails to carry out such maintenance within the thirty (30) day period, the City shall be entitled to cause such work to be completed and to reimbursement from the Association or Owners. 15.15.2 In the event the City performed the necessary maintenance to the Common Area or easements, the City shall submit a written invoice to the Association for all reasonable costs incurred by the City to perform such maintenance of the Common Area and easements. The City shall provide a copy of such invoice to each Owner, together with a statement that if the Association or Owners fail to pay such invoice in full within the specified ttme, the City will pursue collectton against the Owners. The invoice shall be due and payable within twenty (20) days of receipt by the 46 Associatton or Owners. If the Associatton or Owners shall fail to pay such invoice in full within the period specified, payments shall be deemed delinquent and subject to a late charge equal to six (6%) percent of the amount of the invoice. Thereafter, the City may pursue collection from the Associatton or Owners by means of any remedies available. Without limiting the foregoing, in additton to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Unit in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constttute a charge on the land and shall be a continuing lien upon each Unit against which the special assessment is levied. Each Owner hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respecttve Unit, and to bring all legal acttons and/or to pursue lien foreclosure procedures against any Owner and his/her respecttve Unit for purposes of collecttng such special assessment 16. INSURANCE 16.1. MASTER INSURANCE POLICY. The Associatton shall obtain and continue in effect the following insurance: 16.1.1. FIRE HAZARD INSURANCE. A master policy of fire insurance with extended coverage endorsement for the full replacement value (i.e. one hundred percent (100%)) of current "replacement cost," exclusive of land, foundation, excavatton and other items normally excluded from coverage such as the Improvement within the Common Area, without deduction for depreciation, with an "agreed amount endorsement" or its equivalent, and, if necessary, an "increased cost of constructton endorsement" or "conttngent liability from operatton of building laws endorsement", if available; such insurance shall afford protectton against loss or damage by fire and other hazards covered by the standard extended coverage endorsement, and by sprinkler leakage, debris removal, costs of demolitton, vandalism, malicious mischief windstorm, water damage and such other risks as shall customarily be covered with respect to similar common interest developments in the area of the Project. The form and content of such policy must be sattsfactory to all instttuttonal first trust deed lenders and shall meet the maximum standards of the various instttuttonal first trust deed lenders whose loans encumber any of the Condominium Units. 16.1.2. PUBLIC LIABILITY INSURANCE. A general, comprehensive public liability and property damage insurance policy with cross liability endorsement, if available, in an amount not less than Two million dollars ($2,000,000), insuring the Associatton, its agents, the Declarant and the Owners and occupants of the Condominium Units and their respecttve family members, guests, invitees and agents against any liability incident to ownership or use of the Common Area or any other Association ovmed or maintained real or personal property, arising out of any single occurrence. Such coverage shall include liability for non- owned and hired automobiles and liability for property of others, and such other risks as are customarily covered with respect to similar real estate developments in the area of the Project. The general liability policy shall also include such provisions as may be required by the provisions of California Civil Code Section 5800, or any successor statute, to limit the monetary liability of volunteer directors and officers of the Association. The policy shall, in any event, contain a "severability of interest" endorsement or the equivalent which shall preclude the insurer from denying the claim of an Owner because of wanton or grossly negligent acts or omissions of the Association or other Ovmers. 16.1.3. DISHONEST ACTS; FIDELITY BOND. Such insurance covering directors, officers and employees of the Association and employees of any manager or managing agent or administrator, whether or not any such persons are compensated for their services, against dishonest acts on their part, or in lieu thereof a fidelity bond, naming the Association as obligee, written in an amount equal to at least the estimated maximum of funds, including reserves in the custody of the Homeowners' Association or the Managing Agent at any given time during the term of the fidelity bond. However, the bond shall not be less than a sum equal to three (3) months aggregate regular assessments on all Condominium Units, including reserve funds. 47 16.1.4. WORKERS COMPENSATION INSURANCE. Worker's compensation insurance covering any employees of the Association to the extent required by law. 16.1.5. OTHER INSURANCE. Such other insurance as the Board in its discretion considers necessary or advisable. 16.1.6. COVERAGE, AMOUNT AND TERM OF INSURANCE. (a) The amount, term and coverage of any policy required hereunder including the type of endorsements, the amount of the deductible, the named insureds, the loss payees, standard mortgage clauses, and notices of changes or cancellations shall satisfy the minimum requirements imposed for this type of project by the FNMA and the FHLMC or any successor thereto. If the FNMA or FHLMC requirements conflict, the more stringent requirement shall be met. If FNMA and FHLMC do not impose requirements on any policy required hereunder, the term, amount and coverage of such policy shall be no less than that which is reasonable for the nature of the Project and its insurable assets. (b) Any insurance maintained by the Association shall contain a "waiver of subrogatton" as to the Association and its offlcers, directors and Members, the Owners and occupants of the Condominiums and mortgagees, and, if obtainable, a cross-liability or severability of interest endorsement insuring each insured against liability to each other insured. The Association shall periodically, and not iess than once every three (3) years, review all insurance policies maintained by the Association to determine the adequacy of the coverage and to adjust the policies accordingly. (c) All insurance policies shall provide that they shall not be cancelable by the insurer without first giving at least ten (10) days' prior notice in writing to the Association. Each Owner appoints the Association or any insurance trustee designated by the Association to act on behalf ofthe Owners in connection with all insurance matters arising from any insurance policy maintained by the Association, including without limitation, representing the Owners in any proceeding, negottatton, settiement or agreement. 16.1.7. OWNER'S INSURANCE. No Owner shall separately insure the Improvement on his Condominium against loss by fire or other casualty covered by any insurance carried by the Association. If any Owner violates this provision, any diminution in insurance proceeds otherwise payable under the Association's policies that results from the existence of such other insurance will be chargeable to the Owner who acquired other insurance. Any Owner can, however, insure his personal property against loss and obtain any personal liability insurance that he desires. In addition, any improvements made by an Owner within his Living LJnit may be separately insured by the Owner. The insurance for the foregoing shall be limited to the type and nature of coverage generally known in the insurance industry as an "HO 00 06," or the equivalent. All individually owned insurance shall contain a waiver of subrogation as to the Associatton and its officers, directors and Members, the Owners and occupants of the Condominiums, including Declarant, and of Mortgagees. It is not intended with respect to the individual Living Units that the Association carry (a) liability insurance covering any acts or occurrences, nor (b) any casualty insurance covering Owners' personal property. WARNING TO ALL OWNERS: The Association is required by this Article to maintain a general, comprehensive public liability insurance policy in an amount not less than $2,000,000, insuring the Association, its agents, the Declarant and the Owners of the Condominium Units and their Invitees and agents against any liability incident to ownership or use of the Common Area or any other Association owned or maintained real or personal property, arising out of any single occurrence. In the event that a tiiird party sustains injuries, the nature of which results in liability or damages in excess of the Association's insurance policy limits, the Owners of Condominium Units in the Project may be held jointiy and severally liable for Uie excess amount. Each Owner should consult with his or her insurance representative and or legal counsel to consider the merits of obtaining altemative liability insurance coverage. 48 16.1.8. FAILURE TO ACQUIRE. The Association, and its directors and officers, shall have no liability to any Owner or mortgagee if after a good faith effort, it is unable to obtain the liability insurance required hereunder, because the insurance is no longer available or, if available, can be obtained only at a cost that the Board in its sole discretion determines is unreasonable under the circumstances, or the Members fail to approve any assessment increase needed to fund the insurance premiums. In such event, the Board immediately shall notify each Member and any mortgagee entitied to notice that the liability insurance will not be obtained or renewed. 16.1.9. INSPECTION OF POLICIES. Copies of all Association insurance policies, or certificates thereof showing the premiums thereon to have been paid, shall be retained by the Association and be open for inspectton by Owners at any reasonable times. 16.2. INSURANCE INFORMATION TO MEMBERS. The Board shall annually prepare and distribute or caused to be prepared and distributed a summary of the following: 16.2.1. GENERAL LIABILITY POLICY. The Association's general liability policy covering the Common Area that states all of the following: (a) The name of insurer; (b) The policy limits of the insurance; (c) If an insurance agent as defined in Section 1621 of the Insurance Code, or any successor statute, or an agent of an insurance agent or insurance broker has assisted the Association in the development of the general liability policy limits and if the recommendations of the insurance agent or insurance broker were followed; (d) The insurance deductibles; (e) The person or entity that is responsible for paying the insurance deductible in the event of a loss; (f) Whether or not the insurance coverage extends to the improvements located within a Unit; (g) A summary of the Association's earthquake and flood insurance policy, if one has been issued, that states all of the following: (1) name of the insured, (2) the policy limits of the insurance, (3) the insurance deductibles and (4) the person or entity that is responsible for paying ttie insurance deductible in the event of a loss. 16.2.2. DIRECTOR AND OFFICER LIABILITY COVERAGE. The Associatton's liability coverage policy for the directors and officers of the Association that lists all of the following: (a) The name of the insurer; (b) The limits of the insurance. (c) The foregoing notwithstanding, the Board shall, as soon as reasonably practical, notify the Members pursuance to Civil Code Section 4040 if any of the insurance policies described in the annual budget report pursuant to Civil Code Sectton 5300 have lapsed, been canceled, and are not immediately renewed, restored, or replaced, or if there is a significant change, such as a reduction in coverage or limits or an increase in the deductible, as to any of those policies. If the Associatton receives any notice of nonrenewal of a policy described in the annual budget report pursuant to Civil Code Section 5300, the Association shall immediately notify its Members if replacement coverage will not be in effect by the date the existing coverage will lapse. (d) To the extent that the informatton to be disclosed pursuant to this Section is specified in the insurance policy declaratton page, the Board may meet the requirements of this Sectton by making copies of that page and distributing it to all Members. 49 17. DAMAGE AND DESTRUCTION. 17.1. RESTORATION DEFINED. As defined in this Article, the term "restore" shall mean repairing, rebuilding or reconstructtng damaged Common Area and/or other portions of the improvements located within the Condominium Property for which the Association is responsible pursuant to this Declaration (collectively, "Covered Properiy," to substantially the same condition and appearance in which it existed prior to fire or other casualty damage. 17.2. INSURED CASUALTY. If the Covered Property is damaged or destroyed from a risk covered by the insurance required to be maintained by the Association, then the Association shall, to the extent permitted under existing laws, restore the Covered Property to the same condition as it was in immediately prior to the destmction. If such damage or destruction occurs prior to the date of completion of construction of the Project by Declarant, then such construction shall be completed in coordination with any constmction required or deemed necessary to be completed by Declarant. If fire or other casualty damage extends to any Covered Property which is so insured, the Association shall proceed with the filing and adjustment of all claims arising under the existing insurance policies. The insurance proceeds shall be paid to and held by the Association. 17.3. SUFFICIENT PROCEEDS. The costs of restoration of damaged Covered Property shall be funded first by any insurance proceeds paid to the Association under existing insurance policies. If the insurance proceeds exceed the costs of restoration, the excess proceeds shall be paid to the Reserve Account of the Association and held for the benefit of the Association. If the insurance proceeds are insufficient to restore the damaged Covered Property, the Board shall then add to the insurance proceeds all Reserve Account funds designated for the repair or replacement of the Improvement that have been damaged. If the total funds then available are sufficient to restore the damaged Covered Property, the damaged Covered Property shall be restored. If the aggregate amount of insurance proceeds and such Reserve Account funds are still insufficient to pay the total costs of restoration, a special assessment against all Owners shall be levied by the Board up to the maximum amount permitted without tiie approval of the Members in accordance with Civil Code Section 5605. If the total funds then available are sufficient to restore the damaged Covered Property, the damaged Covered Property shall be restored. 17.4. INSUFFICIENT PROCEEDS. If after applying the proceeds pursuant to Section 17.3 above, the total funds available to the Association are still insufficient to restore the damaged Covered Property, then the Board shall attempt to first impose an additional special assessment pursuant to Section 17.4.1 below; secondly, use a plan of alternative reconstruction pursuant to Section 17.4.2 below; and lastiy, purchase those Living Units of Owners affected by damage or destruction pursuant to Section 17.4.3 below. Ifthe Members do not approve actions under Sections 17.4.1, 17.4.2 or 17.4.3, then the enttre Project shall be sold by the Board pursuant to Sectton 17.4.4 below. 17.4.1. ADDITIONAL SPECIAL ASSESSMENT. If the total funds available to restore the damaged Covered Property as provided in Sectton 17.3 above, are insufficient then a meettng of the Members shall be called, pursuance to Civil Code sectton 5605 for the purpose of voting, pursuant to Civil Code section 5100, on whether to impose an additional special assessment and decide upon the amount thereof If the amount of the additional special assessment approved by each class of Members, together with the amounts available pursuant to Section 17.3 above, is sufficient to restore the damaged Covered Property, the damaged Covered Property shall be restored. If the amount of the special assessment approved by each class of Members, together with the amounts available pursuant to Section 17.3, is insufficient to restore the damaged Covered Property, or if no additional special assessment is approved, the Association shall consider a plan of alternative reconstruction in accordance with Section 17.4.2. 17.4.2. ALTERNATIVE RECONSTRUCTION. The Board shall consider and propose plans to reconstmct the damaged 50 Covered Property, making use of whatever funds are available to it pursuant to Section 17.4 and whatever funds are available pursuant to Section 17.4.1 above. All proposals shall be presented to the Owners. If two-thirds (2/3rds) of the Owners whose Units were directiy affected by the damage to the Covered Property, as detennined by the Association ("Affected Owners") and a majority of the Members, including the Affected Owners, agree to a plan of alternative reconstruction, then the Board shall contract for the reconstruction of the damaged Covered Property in accordance with the plan of alternative reconstruction as agreed to or consider purchasing the Units of the Affected Owners pursuant to Section 17.4.3. 17.4.3. PURCHASE OF UNITS OF AFFECTED OWNERS. If no plan of alternative reconstruction is agreed to within six (6) months of the date of the damage, then the Board shall seek to obtain the approval of the Owners, the Affected Owners, and their First Mortgagees for the Association to purchase the Condominiums of the Affected Owners. The purchase price of each Condominium shall be the fair maricet value of the Condominium immediately prior to the damage as determined by an independent appraisal made by a qualified real estate appraiser with a Member of the Appraisal Institute certificate or the equivalent as selected by the Board ("Purchase Price"). If two thirds (2/3rds) of the Members agree to the purchase, the Association shall purchase the Condominiums of those Affected Owners who, together with all of their Mortgagees, agreed to the purchase with a special assessment levied against all Owners. The aggregate amount of the special assessment shall be the amount needed to pay the difference between the aggregated amount of available funds, pursuant to Sections 17.4, 17.4.1 and 17.4.2, and the aggregate fair maricet value of the Condominiums of the Affected Owners who agreed to the purchase. 17.4.4. SALE OF ENTIRE PROJECT. If the aggregate amount of funds available for restoration of the Covered Property is insufficient to restore the damaged Covered Property, alternative reconstruction, as defined in Section 17.4.2 above, cannot be agreed to, and the Ovmers did not approve a purchase pursuant to Section 17.4.3 above, then the Board shall be empowered to sell the entire Project including all Living Units and ttie Common Area in their then present conditton, on terms to be detennined by the Board. If ttie enttre Condominium Property is soid, the proceeds from the sale, together with the insurance proceeds received and any balance of funds held by the Associatton, shall be distributed among those Owners who then own Separate Interests and their respective Mortgagees, in proportion to the respective fair maricet values of the Separate Interests immediately prior to the destmction, as determined by an independent appraisal made by a qualified real estate appraiser with a Member of the Appraisal Institute certificate of the equivalent as selected by the Board. For the purpose of effecting sale, each Owner grants to the Association an irrevocable power of attomey to sell their Living Unit; the entire Project for the benefit of the Owners; terminate the Declaration; and dissolve the Association. 17.4.5 JUDICIAL ACTION AND FIRST REFUSAL In the event the Association fails to take the necessary steps to sell the entire Condominium Property as provided in Section 17.4.4 within sixty (60) days from the date that the Owners failed to approve the purchase described in Section 17.4.3, any Owner may file an action in a court of appropriate jurisdiction for an order requiring the sale of the Condominium Property and distribution of the proceeds in accordance with this Section 17.4.4. Notwithstanding anything herein to the contrary, any Owner or group of Owners shall have a right of first refusal to match the terms and conditions of any offer made to the Association in the event of a sale of the Condominium Property under this Section, provided this right is exercised within ten (10) days of receipt by the Ovmers of a notice from the Association containing the terms and conditions of any offer it has received. If the Owner or group of Owners subsequently default on their offer to purchase, they shall be liable to the other Owners and their respective mortgagees for any damages resulting from the default. If more than one (1) Owner or group elects to exercise this right, the Board shall accept the offer that in its detennination, is in the best interests of the Members. 17.5. REBUILDING CONTRACT. If there is a detemiination to restore, the Board of its authorized representative shall obtain bids from at least two licensed and reputable contractors and shall accept the repair and reconstmction work from whomever the Board detennines to be in the best interests of the Members. The Board shall have the authority to enter into a written contract with the contractor for such repair and 51 reconstmction, and the insurance proceeds held by the Tmstee shall be disbursed to tiie contractor according to the ternis of the contract. It shall be the obligation of the Board to take all steps necessary to assure the commencement and completion of authorized repair and reconstruction at the earliest possible date. Such construction shall be commenced no later than one-hundred-eighty (180) days after the event requiring reconstruction, and shall thereafter be diligently prosecuted to completion. Such construction shall return the Project to substantially the same condition it was in prior to such damage or destruction and shall be earned out pursuant to all applicable laws and ordinances. 17.6. RIGHT TO PARTITION. No Owner shall have the right to partition of his interest in a Separate Interest and there shall be no judicial partition of the Project or any part thereof. 17.7. MINOR REPAIR AND RECONSTRUCTION. The Board shall have the duty to repair and reconstixict Improvement, without the consent of the Members and irrespective- of the amount of available insurance proceeds, in all cases of partial destmction when the estimated cost of repair and reconstmction does not exceed One-Hundred- Thousand Dollars ($100,000.00), which amount shall be increased three percent (3%) per annum on a compounded basis commencing on the anniversary date of the recordation of Uiis Declaration and each anniversary date thereafter. The Board is expressly empowered to levy a special assessment for Uie cost of repairing and reconstmcting such improvements to the extent insurance proceeds are unavailable as provided in Uiis Article. 17.8. BOARD'S ACTION. The Board shall have the exclusive right to participate in and represent the interests of all Owners in any proceedings affecting the Project relating to the rebuilding including, without limitation, proceedings with any governmental or quasi-governmental agency to obtain permits or approvals for any rebuilding. No Owner shall have the right to directiy participate therein, except that, prior to the conversion of the Class B membership in the Association to Class A membership. Declarant shall have the right to directiy participate therein. 18. CONDEMNATION If at any time all or any portion of the Project, other than a Unit or Exclusive Use Common Area, shall be taken through any public or quasi-public taking by exercise of eminent domain or by private purchase in lieu of eminent domain ("Condemnation"), the award in Condemnatton allocable to the Project shall be paid to the Association. The Association, acting through the Board, is hereby appointed and shall be attorney-in-fact to represent the interests of all the Owners in any actual or threatened condemnation action. The Board shall have the exclusive right to participate in and represent the interests of all Owners in the Condemnatton proceedings affecting the Project and no Owner shall have the right to directly participate therein, except that, prior to the conversion of the Class B membership in the Association to Class A membership, Declarant shall have the right to directty participate therein. The Board shall promptty notify all Owners, and all insurers, and guarantors who have requested written notice, as soon as the Board becomes aware of any taking or threatened taking of any portion of the Project by Condemnation. 18.1. CONDEMNATION OF A SEPARATE INTEREST. In the event of any taking of a Unit or an Exclusive Use Common Area, the Owner, and his Mortgagee(s) as their interests may appear, of the Separate Interest shall be entitied to receive the award for such taking. If the taking is for a Unit, after acceptance thereof such Owner and the Owner's Mortgagee(s) shall be divested of all further interest in the Condominium Property or any portion thereof and membership in the Association. In such event, said Owner shall grant their remaining interest in the Common Areas that may be appurtenant to their Unit to the other Owners owning a fractional interest in the same Common Areas and such grant shall be in proportion to the fractional interest in the Common Areas then owned by each. 52 18.2. INTERIOR DAMAGE OF A UNIT. With the exception of any casualty or damage insured against by the Association pursuant to Section 16.1.1 of this Declaration, restoration and repair of any damage to the interior of any individual Unit, including without limitation all fixtures, cabinets and improvements therein, together with restoration and repair of all interior paint, wall coverings and floor covers, shall be made by and at the individual expense of the Owner of the Unit so damaged. In the event of a determination to rebuild the Project after partial or total destruction, as provided in this Article, such interior repair and restoration shall be completed as promptly as practical and in a lawful and woricmanlike manner, in accordance with plans approved by the Board or its delegated committee as provided herein. 18.3. CONDEMNATION AND INSURANCE PROCEEDS. (a) Condemnation proceeds shall be used by the Associatton to (i) pay for the Associatton's reasonable costs related to the Condemnatton action, and (ii) return the Project to as near its previous form, condition and use as it was in prior to the ttme of the taking. Any proceeds remaining after such repair or rebuilding shall be retained or distributed in accordance with any of the following: (b) The Association shall retain the remaining proceeds as a capital contributton, unless objected to by a majority of all of the Owners or in the event that (1) The costs of distribution of the remaining proceeds would exceed one-half of their amount; or (2) After deducting costs of distribution, the pro-rata amount of the distribution would be less than $1,000 per Unit; or (3) Pursuant to a court order; or (4) Pursuant to an agreement between the condemning authority and the Association, which has been approved by the majority of the Owners. (c) The Association shall distribute, among the affected Owners and their respective First Mortgagees according to the relative values of the Units affected by the condemnation as determined by independent appraisal by a qualified independent appraiser selected by the Board. In the event of a failure by the Board to agree on the selection of an appraiser, an appraiser shall be appointed by the then President of the San Diego County Bar Associatton. 18.4. DISPUTE RESOLUTION: INSURANCE, DAMAGE, DESTRUCTION, CONDEMNATION. In the event of any dispute under this Article, with the exceptton of any such dispute that may be at issue specifically against the Declarant relattng to matters of the constructton of Improvement in the Project, such dispute shall be determined in accordance with the alternattve dispute resolution procedures described in Article 22. 19. RIGHTS OF LENDERS 19.1. GENERAL No breach of any of the covenants, conditions and restrictions herein contained, nor the enforcement of any lien provisions herein, shall render invalid the lien of any First Mortgage on any Condominium made in good faith and for value, but all of said covenants, conditions and restricttons shall be binding upon and effective against any Owner whose titie is derived through foreclosure or trustee's sale, or otherwise. Any provision within the Project Documents to the contrary notwithstanding. First Mortgagees shall have the rights expressly provided in this Article. 19.2. NO RIGHT OF FIRST REFUSAL. This Declaration neither contains nor shall be amended to contain any provision creating a right of first refusal to the Association before a Condominium can be sold. Should any such 53 rights nevertheless be created in the future, such rights shall not impair the rights of any first mortgagee to: (a) foreclose or take titie to a Condominium pursuant to the remedies provided in the mortgage, (b) accept a deed (or assignment) in lieu of foreclosure in the event of a default by a mortgagor, or (c) sell or lease a Condominium acquired by the First Mortgagee. 19.3. UNPAID DUES OR CHARGES. Where the First Mortgagee, or other purchaser of a Condominium, obtains titie to the same pursuant to the remedies in the Mortgage or as a result of foreclosure, such acquirer of titie, his successors and assigns, shall not be liable for the share of the common expenses or assessments made by the Association chargeable to such Condominium which became due prior to the acquisition of titie to such Condominium by such acquirer. 19.4. ACTION REQUIRING MORTGAGEE APPROVAL. Provided that the mortgagee informs the Association in writing of its appropriate address and requests in writing to be notified, except as provided by statute in case of condemnation or substantial loss to the Common Area of the Project, unless at least sixty-seven percent (67%) of the First Mortgagees (based upon one (1) vote for each mortgage owned), or sixty-seven percent (67%) of the Owners (other than Declarant) of the individual Condominiums in ttie Project have given their prior written approval, the Association and/or the Owners shall not be entitted to: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area, or any property owned, directiy or indirectiy, by the Association. The granting of easements for public utilities or other public purposes consistent with the intended use of the Common Area by the Association is not a transfer in the meaning of this clause.; or (b) Change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner; or (c) By act or omission, change, waive or abandon any scheme of regulations, or enforcement thereof pertaining to the architectural design or the exterior appearance or exterior maintenance of Condominiums, the maintenance of the Common Area walks or fences and driveways, or the upkeep of landscaping in the Common Area; or (d) Fail to maintain fire and extended coverage on insurable Association Common Area improvements on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based on current replacement costs); or (e) Use hazard insurance proceeds for losses to Association common property for other than the repair, replacement or reconstmction of such Common Area property. 19.5. PAYMENT OF TAXES AND INSURANCE. First Mortgagees may, jointiy, singlely or severally: (i) pay taxes or other charges which are in default and which may or have become a charge against the Common Area, uniess the taxes or charges are separately assessed against the Owners, in which case, the rights of First Mortgagees shall be govemed by the provisions of their Mortgages; (ii) pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for the Common Area. First Mortgagees making such payments shall be owed immediate reimtiursement from the Association. This provision shall constitute an agreement by the Association for the express benefit of all First Mortgagees, and upon the request of any First Mortgagee, the Association shall execute and deliver to such Mortgagee a separate w/ritten agreement embodying this provision. 19.6. PRIORITY OF PROCEED OR AWARD DISTRIBUTION. Any other provision herein contained to the contrary notwithstanding, no provision of this Declaration or any other Project Document shall give a Condominium Owner, or any other party, priority over any rights of the First Mortgagee of a Condominium pursuant to its mortgage in the case of a distributton to such Condominium Owner of insurance proceeds or condemnation awards for losses to or a taking of the of Common Area property. 19.7. NOTIFICATION TO ELIGIBLE MORTGAGEE HOLDER. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor and the Condominium number or address, any Eligible Mortgage Holder 54 or Eligible Insurer will be entitied to timely written notice of (a) Any condemnation loss or any casualty loss vvhich affects a material portion of the Project or the Condominium insured or guaranteed by such Eligible Mortgage Holder or Eligible Insurer; (b) Any default in the performance by an Owner of any obligation under the Project Documents not cured within sixty (60) days; (c) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (d) Any proposed action which would require the consent of a specified percentage of Eligible Mortgage Holders as required by the Project Documents. 19.8. AGREEMENT FOR MANAGEMENT. Any management agreement of the Project, or any portion thereof and any other contract providing for services by the Declarant, shall be terminable for cause upon thirty (30) days written notice, and without cause or payment of a termination fee upon ninety (90) days, written notice and shall have a term of not more than one (1) year, renewable with the consent of the Association and the management agenf The Board shall not terminate professional management of Project and assume self-management when professional management had been required previously by an Eligible Mortgage Holder, without the prior written approval of Mortgagees holding sixty-seven percent (67%) or more of the First Mortgages on Dwellings. 19.9. INSPECTION OF PROJECT DOCUMENTS, BOOKS AND RECORDS. The Associatton shall make available to Members or Members' designated representattve, current copies of the Project Documents and the books, records and financial statements of the Associatton as provided in Civil Code Section 5200. "Available" means available for inspection, upon request, during normal business hours or under other reasonable circumstances. 19.10. NON-CURABLE BREACH. Any Mortgagee who acquires titte to a Condominium by foreclosure or by deed-in- lieu of foreclosure or assignment-in-lieu of foreclosure shall not be obligated to cure any breach of this Declaratton that is non-curable or of a type that is not practical or feasible to cure. A "breach", as used herein, shall not apply to any lien of, or obligation for, assessments owed to the Association which became due prior to the acquisition of titie by deed or assignment in lieu of foreclosure. 19.11. LOAN TO FACILITATE. Any First Mortgage given to secure a loan to facilitate the resale of a Condominium after acquisition by foreclosure or by a deed-in-lieu of foreclosure or by an assignment-in-lieu of foreclosure shall be deemed to be a loan made in good faith and for value and entitied to all of the rights and protections of this Article. 19.12. MORTGAGEES FURNISHING INFORMATION. Any Mortgagee can furnish information to the Board concerning the status of any Mortgage. 19.13. FINANCIAL STATEMENT. Any Member or Member's designated representative shall be entitied, on written request therefor, to have an audited financial statement for the immediately preceding fiscal year prepared at its own expense if one is not otherwise available. Civil Code Section 5305. Such statement shall be furnished within a reasonable time following such request. 19.14. TERMINATION WITHOUT SUBSTANTIAL DESTRUCTION. Neither the Associatton nor Ovmers may elect to terminate the legal status of the Project for reasons other than substantial destruction or condemnation of the Project without the 55 written consent of Eligible Mortgage Holders who represent at least sixty-seven percent (67%) of the votes of the mortgaged Condominiums. 20. CONDOMINIUM PLAN AMENDMENT 20.1. AMENDMENT BY ASSOCIATION. Subject to the restrictions and limitations set forth in this Article, Declarant reserves in favor of the Association the right to amend the Condominium Plan in order: (a) To cause the Condominium Plan to comply with the Condominium Buildings and Units as actually built; (b) To adjust the boundary or delineation lines of any Exclusive Use Common Area, so to conform with actual physical attributes or constraints of the land or buildings that were not contemplated originally; and/or (c) To con-ect any errors in the original plan; (d) Upon the conveyance of Uie first Condominium Unit in the Project to a Retail Buyer, the rights described in subsections (a), (b) and (c) above shall become operative and shall be controlled by the Board of Directors of the /^sociation, together with the Power of Attorney described hereinafter, and may be effected upon tiie majority vote of the Board. Thereafter, such amendment shall be effective upon its recordation in the Office of the San Diego County recorder, executed by the President and Secretary of the Association, acting as attomey-in-fact on behalf of the Ovmers and those persons described in Section 20.3. 20.2. RESTRICTIONS AND LIMITATIONS. The rights of the Association set forth in this Article are, and shall be, subject to the specific restriction and limitation of any amendment of the Condominium Plan that is made to reflect a Condominium Building or Unit as actually built. When an amendment concerns a Unit that is the subject of an agreement of sale or, is owned by an Owner or Owners other than Declarant the amendment shall require the written consent of such Unit purchaser or Owner; and in the case of an Owner, the written consent of all beneficiaries of record whose interests are secured by such Unit or Units. 20.3. POWER OF ATTORNEY. Each Owner, by accepting a deed to a Condominium, shall be deemed to have constituted and in-evocably appointed and conveyed, for himself and each of his Mortgagees, optionees, grantees, licensees, ti-ustees, receivers, lessees, tenants, judgment creditors, heirs, legatees, devisees, administrators, executors, legal representatives, successors and assigns, whether voluntary or involuntary, a power of attomey coupled with an interest to the Association with its President and Secretary as an attorney in-fact to effect ttie amendment of Uie Condominium Plan or Plans for the Project in accordance with the limitations and requirements set forth in this Article, and in connection therewith, the following shall be operative: (a) Such amendment or re-recordation shall be subject to the laws of the State of Califomia in effect on the date of recordation of this Declaration and as thereafter enacted or amended and any ordinances, mles and regulations of any federal, state and local govemmental entities and authorities having jurisdiction over the Project in effect on the date of recordation of this Declaration and as thereafter enacted or amended, or which may be required or permitted by any titte insurer or the San Diego County Recorder, and in connectton therewith, to perfonn all condittons, undertake any obligations and execute all agreements and documentation required or pennitted by any federal, state or local governmental entities and authorities; and to execute, acknowledge and deliver any improvement agreements and bonds and post deposits securing the performance of any such conditions and obligations; (b) The Association shall, if required, make application for any property reports or amendments thereto or exceptions from the requirements therefor required or permitted in order to comply with any federal, state or local statutes, rules and regulations relating to the sale, lease, transfer or other disposition of subdivided lands to the public and, in connection therewith to perform all conditions, undertake any obligations and execute all agreements and documentation required or 56 permitted by any federal, state and local governmental entities and authorities; to appear before any such governmental entities and authorities; and to execute and deliver any agreements and bonds securing the performance of the obligations contained therein; (c) The Association shall deliver any reports or property reports, or amendments thereto, obtain receipts and offer and administer rescission rights required by law; (d) The Association shall prepare or cause to be prepared, execute, acknowledge, file or cause to be filed for approval and file or record or cause to be filed or recorded any registration or any application for any permit approval, exemption, ruling or entitiement required or permitted pursuant to any law or regulation in effect as of the date of the recording of this Declaration and as hereafter enacted or amended by any federal, state or local governmental entities and authorities, and in connection therewith to perfonn all conditions, undertake any obligations and execute all agreements and documentation required or permitted by such governmental body and by any such laws and regulations; to appear before any such governmental bodies and to execute and deliver any agreement and bonds and post deposits securing the performance of any such conditions and obligations; and do all other things now or hereafter permitted or required by any such governmental body and any such laws and regulations; (e) To prepare or cause to be prepared, execute, acknowledge and record or cause to be recorded any deeds, waivers, releases, reconveyance or other documentation that may be pemiitted or required to clear titie to any Condominium, whether constructed or to be constixicted, in the Project; and (f) To do any and all things necessary or desirable under the circumstances to effect and accomplish the amendment ofthe Condomirftum Plan. 20.4. INDEMNIFICATION OF OWNERS ON EXERCISE OF POWER OF ATTORNEY. The Association shall indemnify and hold each Owner harmless from all liabilities, including attorney's fees, which are incurred as a direct result of the execution by the Association of any improvement agreements or bonds, or both, in connection with the exercise by the Association of the Power of Attorney set forth in the Sectton herein entitled "Power of Attorney." 20.5. ENCUMBRANCES TO TAKE SUBJECT TO POWER OF ATTORNEY. The acceptance or creation of any Mortgage, whether voluntary or involuntary, and whether or not created in good faith and whether or not given for value, shall be deemed to be accepted and/or created subject to each of the terms and conditions of the power of attorney described in Section 20.3. 20.6. EFFECT ON ASSESSMENTS LIENS. The amendment to the Condominium Plan in accordance with the provisions of this Article shall not alter or affect the amounts of any regular or special assessments which were due from any Owner prior to such recording or liens thereof 20.7. AMENDMENT BY DECLARANT. Declarant may amend any Condominium Plan covering any unannexed phase in the Property in accordance with the provisions therefor contained in Civil Code Section 4295 and Government Code Section 66427. 21. AMENDMENTS 21.1. PRIOR TO FIRST LIVING UNIT CONVEYANCE. Prior to the close of escrow on the sale of the first Condominium Unit in the Property, Declarant may unilaterally amend this Declaration. 21.2. AFTER CONVEYANCE OF FIRST UNIT. Except as may be in accordance with the provisions of California Civil Code Sections 4270 and 4275 or any amendment or successor statute thereto, during the period of time after the sale 57 of the first Condominium, and prior to conversion of the Class B membership in the Association to Class A membership, this Declaration may be amended at any time and from time to time by the vote or written assent of sixty-seven percent (67%) of the total voting power of each class of Members of the Association. After conversion of the Class B membership in the Association to Class A membership, this Declaration may be amended at any time and from time to time by the vote or written assent of (i) sixty-seven percent (67%) of the total vottng power of the Association, and (ii) sixty-seven percent (67%) of the vottng power of the members of the Association ottier than Declarant. However, the percentage of voting power necessary to amend a specific clause or provision shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. Any such amendment shall become effective upon recording with the County Recorder a Certificate of Amendment signed and acknowledged by the President or Vice President of the Association and the Secretary or Assistant Secretary of the Association, or by the Incorporator of the Association, in the event that no Board of Directors has yet been elected to establish officers of the Association, certifying that such votes or written consent have been obtained. For the purposes of recording such instmment, the President or Vice-President and Secretary or Assistant Secretary, or Incorporator of the Association are hereby granted an irrevocable power of attorney to act for and on behalf of each and every Owner in certifying and executing and recording said amendment with the County Recorder. No material amendment may be made to this Declaration without the additional prior written consent of Eligible Mortgage Holders who represent at least fifty-one percent (51%) of the votes of Units which are subject to mortgages held by such Eligible Mortgage Holders. "Material amendment" shall mean any amendment to provisions of this Declaration that establish, provide for, govern or regulate any of the following: (a) Voting rights; (b) Increases in assessments that raise the previously assessed amount more than twenty (20%) percent greater than the regular assessment for the association's preceding fiscal year or impose special assessments which in the aggregate exceed five (5) percent ofthe budgeted gross expenses or the priority of assessment liens; (c) Reduction in reserves for maintenance, repair, and replacement of the Common Area; (d) Responsibility for maintenance and repairs; (e) Reallocation of interests in the Project, or rights to their use; (f) Redefinition of the boundaries of any Condominium; (g) Convertibility of Condominiums into Common Areas or visa versa; (h) Expansion or contraction of the Project, or the additton, annexation or withdrawal of property to or from the Project; (I) Insurance or fidelity bond coverage; (j) Leasing of Dwellings; (k) Imposition of any restricttons on an Owner's right to sell or transfer his or her Dwelling; (I) Any decision by the Board to establish self-management when professional management had been required previously by the Project Documents or by an Eligible Mortgage Holder; (m) The restoration or repair of the Project (after hazard damage or partial condemnatton) in a manner other than that specified in the Project Documents; (n) Any action to terminate the legal status of the Project after substantial destruction or condemnation occurs; (o) Any provisions that expressly benefits Mortgage Holders, insurers or guarantors; or (p) Any Eligible Mortgage Holder or Eligible Insurer who receives a written request to consent to additions or amendments requiring consent under this provision who does not deliver or post to the requesting party a negative response within thirty (30) days after such receipt shall be deemed to have consented to such request, provided that notice was delivered by certified or registered mail, with a "return receipt" requested. 58 21.3. TECHNICAL ERRORS, CLARIFICATION AND CHANGES IN LAW AMENDMENTS Each Owner by acceptance of conveyance of title to a Condominium and each Mortgagee by acceptance of a Mortgage or Deed of Trust secured by a Condominium, hereby agrees and consents to the amendment of this Declaration, the Condominium Plan, the Bylaws and any other Governing Document including any amendments, and the subordination of their respective interests in the Property for the purpose of correcting manifest and technical errors, omissions or clarifications and/or to effect compliance of one or more provisions of this Declaration or other Governing Document with such amendments, repeals and/or additions made to statutory law, if the provisions contained in this Declaration or any other Governing Document are in conflict therewith. The foregoing notwithstanding, to the extent that the provisions set forth in this Declaration are intended to comply with the provisions of the Davis-Stiriing Common Interest Development Act ("Act") as set forth at Civii Code Section 4000 et seq., and any other statutory law, if any changes to the Act or statutory law relate to this Declaration, the Board shall have the right to amend this Declaration or any other Goveming Document as a result of the changes to the Act and statutory without any vote of the Members. Any such amendment may be executed by the President or Vice-President and Secretary or Assistant Secretary or the Incorporator of the Association (and, in the case of the Condominium Plan only, the Declarant), each of whom is hereby granted an irrevocable power of attorney to act for and on behalf of each and every Owner and Mortgagee in certifying and executing and recording any such correctional, clarification addition or statutory law compliance amendment instmment with the County Recorder, each of which such amendments shall become effective upon its recordation. If the proposed amendment affects the City, City shall have the right to reasonably disapprove. A copy of such proposed amendment shall be provided to the City in advance. A copy of the final approved amendment shall be transmitted to City within thirty (30) days for the official record. 21.4 NOTICE TO CITY OF AMNEDMENTS A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 22. ENFORCEMENT 22.1. TERM These CC&RS shall mn with and bind the Property and shall inure to the benefit of and be enforceable by the Association or any Member, their respective legal representatives, heirs, successors and assigns, for a term of sixty (60) years from the date this Declaratton is recorded, after which time said CC&RS shall be automatically extended for successive periods of ten (10) years each, unless an instrument signed by sixty-seven percent (67%) of the then Members has been recorded, at least one (1) year prior to the end of any such period in the manner required for a conveyance of real property, in which it is agreed that this Declaration shall terminate at the end of the then applicable term. 22.2. ENFORCEMENT AND NON-WAIVER The Association or any Owner/Member, including Declarant (collectively, the "Parties," individually, a "Party"), shall have the right of action against any Owner, and any Owner shall have a right of action against the Association, to enforce by proceedings at law or in equity, all CC&RS now or hereafter imposed by the provisions of the Project Documents or any amendment tiiereto, including the right to prevent the violation of such CC&RS and the right to recover damages or other dues from such violation except that Owners shall not have any right of enforcement concerning assessmerit liens. The Association shall have the exclusive right to the enforcement of provisions relating to aesthetics conti-ol (which shall include architectural control) and the operating mles, unless the Association refuses or is unable to effectuate such enforcement, in which case any Ovmer who othenwise has standing shall have ttie right to undertake such enforcement The City shall have ttie right, but not the obligatton, to enforce 59 the CC&Rs in favor of, or in which the City has an interest. Failure of the Association, Declarant or any Owner to enforce any of the CC&RS herein shall in no event be deemed a waiver of the right to do so thereafter. 22.3. NOTICES REGARDING LITIGATION Notwithstanding anything in this Declaratton to the contrary, except as otherwise provided in this Sectton, the Board shall not cause nor permit the Associatton to instttute any significant legal actton or proceeding, including any arbitratton, against any person without providing the Owners with at least thirty (30) days' prior written notice of the Association's intention to institute legal action or proceedings. The notice shall describe the purpose of the action or proceeding, the parties to the action or proceeding, the anticipated cost to the Association, including attorney fees, in prosecuting the action or proceeding, the source of funds to prosecute the action or proceeding, reserves or special or regular assessments, and suggested information that should be disclosed to third parties, such as prospective purchasers and lenders, while the action or proceeding is being prosecuted. For purposes of this Declaration, "significant legal proceeding" shall mean any action or legal proceeding in which it reasonably could be anticipated that any of the following events could occur: (a) The levy of a special assessment to fund all or any portion of the action or proceeding; (b) The expenditure of funds from the Association's reserves in connection with the action or proceeding in an amount in excess of five (5%) percent of the then current reserves; (c) The amount of the claim is in excess of twenty-five thousand dollars ($25,000); or (d) A material adverse effect on the ability to sell and/or refinance the Condominiums within the Project during the period the action or proceeding is being prosecuted. Notwithstanding the foregoing, if the Board in good faith determines that there is insufficient time to provide prior notice to the Owners as required in this Section before the expiration of any applicable statute of limitations or before the loss of any other significant right of the Association, the Board may take the necessary steps to commence the proceeding to preserve the rights of the Association, provided that as soon as is reasonably practical thereafter, and not later than thirty (30) days following the commencement of the proceeding, the Board shall provide the Members with notice as required in this Section. 22.4 PROCEDURE FOR ENFORCEMENT BY PARTIES Anything herein to contrary notwithstanding set forth in Section 22.2 above, in enforcing any action under the Project Documents for injunctive relief declaratory relief and/or monetary damages (excluding actions in small claims court), the Parties shall comply with the provisions of Civil Code Sections 5975, 5900 et seq., 5980 at seq. and 5925 at seq., and any successor statute or law. The Board shall annually provide to the Members a summary of the provisions of Civil Code Sections 5975, 5900 et seq, 5915 and any successor statutes or laws, which shall include language required and shall be delivered in the manner provided in Civil Code Section 5965. The exception for disputes related to Association assessments set forth in Civil Code Section 5930(d) shall not apply to disputes between a Member and the Association regarding Assessments imposed by the Association, if the Member chooses to pay in full the Association all of the assessments as specified in Civil Code Section 5658 and any successor statutes or laws. 22.5 DECLARANT-RELATED DISPUTE RESOLUTION 22.5.1 NOTICE OF ACTIONS AGAINST DECLARANT At least thirty (30) days before filing any civil action by the Association against Declarant or other developer of the Project for alleged damage to the Common Area, alleged damage to the separate interests that the Association is obligated to maintain or repair, or alleged damage to the separate interests that arises out of or is integrally related to, damage to the common 60 areas or separate interests that the Association is obligated to maintain or repair, the Board shall provide written notice to each Owner who appears on the records of the Association when the notice is provided that complies with Civil Code Section 6150. This notice shall specify that (a) a meeting will take place to discuss problems that may lead to the filing of a civil action, (b) the options, including civil actions, that are available to address the problems, and (c) the time and place of the meeting. Despite the above, if the Association has reasons to believe that the applicable statute of limitations wiil expire before the Association files the civil action, the Association may give notice, as described above, within 30 days after filing the action. 22.5.2 PRELITIGATION NOTICE TO DECLARANT AND DEVELOPER PARTIES If the Board on behalf of the Associatton proposes to file an action or other legal proceeding against the Declarant or other developer of the Project for defects in the design or construction of the Project or for a violation of the standards or provisions set forth in Civil Code, Sections 896-897, the Board and/or the Association shall comply with all applicable prelitigation requirements bf Civil Code, Sections 910-938, as the same may be hereafter amended, before the action or legal proceeding is filed. 22.5.3 MEET AND CONFER PROCESS The purpose of this Section 22.5 is to provide an expedited means of resolving any claims, disputes and disagreements which may arise after the Close of Escrow or other conveyance of any portion of the Property by Declarant between: (a) Declarant^ as the owner / seller of the Project, or any director, officer, partner, member, employee or agent of the Declarant, or any contractor, subcontractor, design professional, engineer or supplier who provided labor, services or materials to the Project and who is bound or has agreed to be bound to the following dispute notification and resolution procedure , and either or both: (b) the Association or an Owner relating to or arising out of the Property, or any portion thereof or the third party warranty, that are not resolved pursuant to any applicable statutory dispute resolution procedures (individually referenced to herein as "Dispute" and collectively as "Disputes". Initially, Declarant will attempt to resolve any Dispute asserted by an Owner or the Associatton of which it is given notice. If the Dispute cannot be resolved between the parties in this manner, it will be decided through the arbitration procedure as set forth below. Alternatively, the Parties may elect to resolve such Disputes through a small claims court proceeding. THIS PROCESS INVOLVES WAIVERS OF THE RIGHTS TO A JURY TRIAL. BY EXECUTING THIS DECLARATION OR ACCEPTING A DEED TO ANY PORTION OF THE PROPERTY, RESPECTIVELY, DECLARANT, EACH OWNER AND THE ASSOCIATION, AGREE TO BE BOUND BY THE PROVISIONS OF THIS SECTION. 22.5.4 NOTICE AND OPPORTUNITY TO CURE If an Owner purchased its Condominium directly from the Declarant such Owner shall follow the procedures set forth in the limited warranty during the period that the limited warranty is in effect. If (a) an Owner did not purchase its Condominium directiy from the Declarant, (b) any applicable warranty period has expired, and (c) the issue in Dispute is not covered by the limited warranty, and an Owner discovers an unsatisfactory condition in the Property that the Owner feels may be the responsibility of Declarant ("Condition"), Owner shall notify Declarant in writing by certified mail. Such notice shall include: (1) a description of the Condition, (2) the date upon which the Condition was discovered, and (3) dates and times when Owner or Owner's agent will be home during ordinary business hours so that service calls or inspections by Declarant can be scheduled. Declarant shall, in its sole discretion, be entitied to inspect the Condominium regarding the reported Condition and within its sole discretion, be entitied to cure such Condition. Owner shall not pursue any other remedies available to it under this Declaration, at law or otherwise, including without limitation the filing of any lawsuit or action, until Declarant has had the reasonable opportunity to inspect and cure 61 the alleged Condition. During the period of such inspection and cure (but not to exceed the eariier to occur of (i) ninety (90) days from the date of Declarant's receipt of Owner's notice described above, or (ii) Declarant's delivery of written notice to Owner of Declarant's determination not to proceed with such cure, all applicable statutes of limitation shall be tolled. The Association shall follow the procedures set forth above regarding any Disputes involving the Association Property or Common Area. The procedures set forth above shall apply to all Disputes concerning the Property and shall not be limited to Declarant's work. Notwithstanding the foregoing, nothing set forth in this Section shall give rise to any claims of an Owner against Declarant arising from, or be considered an assumption by Declarant of any liability that an Owner has waived, accepted or released under this Declaration or the purchase agreement The Association and Owner are not required to comply with Civil Code Section 6000 since this Project contain less than twenty (20) units. 22.5.5. ALTERNATIVE DISPUTE RESOLUTION (A) MEDIATION If the Parties to the Dispute cannot resolve the claim pursuant to the procedures described in Section 22.5.4 above, the matter shall be submitted to mediation pursuant to the mediation procedures adopted by Judicial Arbitration and Mediation Services ("JAMS"), except as such procedures are modified by the provisions of this Section, or to any other entity offering mediation services that is mutually acceptable to such parties. No person shall serve as a mediator in any Dispute in which the person has any financial or personal interest in the result of the mediation, except by the written consent of all Parties to the Dispute participating in the mediation. Prior to accepting any appointment the prospective mediator shall disclose any circumstances likely to create a presumption of bias or to prevent a prompt commencement of the mediation process. Except as provided in Section 22.5.8 below. Association and Owner covenants that Association and Owner shall not commence any arbitration against the Declarant Parties without complying with the procedures described in this Section. (B) POSITION MEMORANDA; PRE- MEDIATION CONFERENCE Within ten (10) days of the selection of the mediator, each Party to the Dispute participating in the mediation shall submit a brief memorandum setting forth its position with regard to the issues that need to be resolved. The mediator shall have the right to schedule a pre- mediation conference and all parties to the Dispute participating in the mediation shall attend unless othenwise agreed. The mediation shall be commenced within ten (10) days following the submittal of the memoranda and shall be concluded within fifteen (15) days from the commencement of the mediation unless the parties to the Dispute participating in the mediation mutually agree to extend the mediation period. The mediation shall be held in the county in which the Project is located or such other place as is mutually acceptable to the parties to the Dispute participating in ttie mediation. (C) CONDUCT OF MEDIATION The mediator has discretion to conduct the mediation in the manner in which the mediator believes is most appropriate for reaching a settiement of the Dispute. The mediator is authorized to conduct joint and separate meetings with the Parties to the Dispute participating in the mediation and to make oral and written recommendations for settiement. Whenever necessary, the mediator may also obtain expert advice concerning technical aspects of the Dispute, provided the Parties to the Dispute participattng in the mediatton agree and assume the expenses of obtaining such advice. The mediator does not have the authority to impose a setttement on the Parties to the Dispute participattng in the mediatton. (D) EXCLUSION AGREEMENT Prior to the commencement of the mediation session, the mediator and all Parties to the Dispute participating in the mediation shall execute an agreement pursuant to Evidence Code Section 1115 et seq. and any successor statute or laws in order to exclude the use of any testimony or evidence produced at the mediation in any subsequent dispute resolution forum, including, but not limited to, court proceedings, reference proceedings or arbitration hearings. Pursuant to Evidence Code Section 1115 et seq., the agreement shall specifically state that evidence of anything said or of any admission made in the course of the mediation is not admissible 62 evidence, and disclosure of any such evidence shall not be compelled in any civil action in which, pursuant to law, testimony can be compelled to be given. Unless the document provides otherwise, no document prepared for the purpose of or in the course of or pursuant to, the mediation, or copy thereof is admissible in evidence; and disclosure of any such document shall not be compelled in any civil actton in which, pursuant to law, testimony can be compelled to be given. The provisions of Evidence Code Sections 1115-1128 shall also be applicable to such mediation process. (E) PERSONS PERMITTED AT SESSIONS Persons other than the Parties to the Dispute participating in the mediation, their representatives and the mediator may attend mediation sessions only with the pennission of the Parties to the Dispute participating in the mediation and the consent of the mediator; provided, however, that such permission and consent shall not be required to allow participation of such Parties' insurer in the mediation to the extent required under such Parties' liability insurance policy. Confidential information disclosed to a mediator by such Parties or by witnesses in the course of the mediation while serving in such capacity shall be confidential. There shall be no stenographic record of the mediation process. (F) EXPENSES All expenses of the mediation, including, but not limited to, the fees and costs charged by the mediator and the expenses of any witnesses or the cost of any proof or expert advice produced at the direct request of the mediator, shall be bome equally by the Parties to the Dispute participating in the mediation unless they agree otherwise. Each Party to the Dispute participating in the mediation shall bear its own attorneys' fees and other costs in connection with such mediation. 22.5.6 ARBITRATION Association, Owner(s) and Declarant Parties shall resolve any Dispute not resolved as provided above exclusively through a binding arbitration resolution process. (A) FEDERAL ARBITRATION ACT Because many of the materials and products incorporated into the Property are manufactured in other states, ttie development and conveyance of the Property or any portion thereof evidences a transaction involving interstate commerce and the Federal Arbitration Act (9 U.S.C. §1 et seq.) ("The Act") now in effect and as it may be hereafter amended will govern the interpretation and enforcement of the arbitration provisions under this Section 22.5. Accordingly, any and all unresolved Disputes shall be arbitrated, which arbitration shall be mandatory and binding, pursuant to The Act. (B) WAIVER OF LITIGATION AND APPEAL The Associatton, Owner(s) and Declarant: (1) ARE GIVING UP RIGHTS THEY MIGHT HAVE TO HAVE ANY DISPUTES LITIGATED IN A COURT OF LAW. (2) ARE GIVING UP THEIR RIGHTS TO APPEAL ANY DECISION OF THE ARBITRATOR. (3) SHALL BE COMPELLED TO ARBITRATE ANY AND ALL DISPUTES OR CLAIMS. (C) GENERAL ARBITRATION PROVISIONS (1) The arbitratton procedures adopted by Judicial Arbitratton and Mediation Services ("JAMS") shall govern the conduct of the arbitration ("JAMS Rules"). (2) By agreeing to resolve all Disputes through binding arbitration. Association, Owner(s) and Declarant Parties each agree give up the right to have their 63 respective claims and defenses decided by a judge or a jury. All claims and defenses shall instead be decided by the arbitrator. (3) The arbitrator shall be neutral and impartial and an attorney or retired judge with at least ten (10) years of experience in common interest development real estate matters. (4) The arbitrator to preside over the Dispute shall be selected in accordance with the JAMS Rules, but no later than sixty (60) days after a notice of claim is filed. (5) The fees and costs charged by JAMS and the arbitrator to initiate the arbitration Resolution Process shall be advanced by Declarant ("Arbitration Expense"). All Arbitration Expense, however, shall be paid as mutually agreed upon by the Parties. In the event the Parties cannot agree upon the mutual payment of such Arbitration Expense, such Arbitration Expense shall be paid as detemiined by the arbitrator. The foregoing notwithstanding, except as otherwise agreed by the Parties or as required by applicable law, an Ovmer shall not be required to pay a total Arbitration Expense greater than that that would be imposed upon the disputant if the Dispute had been filed as a suit in court. The arbitrator may not award against an Owner any Arbitration Expense in excess of that that would be recoverable as costs if the Dispute had been litigated to final judgment in court. (6) Each Party shall bear its own attorneys' fees and costs (including expert witness costs) in the arbitration. (7) The venue of the arbitration shall be in the County where the Property is located unless the Parties agree in writing to another location. (8) If state or federal law requires tiie Association or an Owner or Declarant to take steps or procedures before commencing an action in court, then the Owner or Declarant must take such steps or follow such procedures, as the case may be, before commencing the arbitration. (9) The Association, an Owner and Declarant, to the extent any such party is defending a claim in the arbitration, may, if it chooses, have all necessary and appropriate parties included as parties to the arbitration. The absence of another Party's participation in the Resolution Process shall not be asserted or accepted as a reason by any Party to delay, to refuse to participate in the Resolution Process, or to refuse to enforce this Section. (10) The arbitrator must follow California substantive law, including statutes of limitations, but strict conformity with the rules of evidence is not required, except that the arbitrator shall apply applicable law relattng to privilege and work producL The arbitrator shall be authorized to provide all recognized remedies available at law or equity for any cause of action. (11) The arbitrator shall issue a prompt and timely written decision within thirty (30) days after the hearing is closed, which decision shall be final and binding upon the Parties. If an Owner, the Declarant or the Association requests it, the arbitrator's written decision shall include the reasons for it. (D) ADDITIONAL RULES APPLICABLE TO CERTAIN CASES In any arbitration in which a claim of Owner, the Association or Declarant exceeds $250,000 in value, the following additional rules will supplement the JAMS Rules and govern in the event of a conflict between the following rules and the rules set forth above, the JAMS Rules, or both. (1) The arbitrator shall be a retired judge of the California Superior Court, a California Court of Appeal, or the California Supreme Court. (2) The California Evidence Code shall apply. 64 (3) The written decision by arbitrator shall include the reasons for it. (4) In addition to the discovery rights provided for in the JAMS Comprehensive Arbitration Rules, the parties will have the following discovery rights: [a] The right to a reasonable inspection, examination and/or test of any site, defect personal injury or property damage relevant to any claim; [b] The right to take one deposition of each opposing party for up to four hours. The deposition of a person designated by an entity or organization as most knowledgeable, or an individual officer or employee of an entity or organization, shall count as the deposition of a party which is not a natural person. [c] The right to take the deposition of each expert witness designated by an opposing party for up to four hours. [d] The arbitrator shall have discretion to allow additional depositions and longer depositions upon a showing of good cause. 22.5.7 SEVERABILITY Should any provision in this Section be determined to be unenforceable or to have been waived, the remaining provisions shall be deemed to be severable therefrom and enforceable according to their temns. In the event the arbitration resolution process is held not to apply or is held invalid, void or unenforceable in its entirety for any reason, the Parties agree that all Disputes shall be tried before a judge in a court of competent jurisdiction without a jury. The judge in such court of competent jurisdiction shall have the power to grant all legal and equitable remedies and award compensatory damages. The Parties each hereby waive and covenant not to assert their constitutional right to trial by jury of Disputes. The Parties hereby covenant and agree that their mutual waiver of jury trial shall be binding upon their respective successors and assigns and upon all persons and entities asserting rights or claims or otherwise acting on behalf of the Parties or their successors and assigns. 22.5.8 EXCEPTIONS TO MEDIATION AND ARBITRATION; STATUTES OF LIMITATION The procedures set forth in this Section 22.5 shall apply only to Disputes and shall not apply to any dispute, matter or issue described in Section 22.4. Nothing in this Section shall be considered to toll, stay, reduce or extend any applicable statute of limitations; provided, however, that the Parties shall be entitted to commence a legal actton which in the good faith determinatton of any Party is necessary to preserve the Parties' respecttve rights under any applicable statute of limitattons, provided that a Party shall take no further steps in prosecuttng the action until it has complied with the pre-litigation procedures described in this Declaration. 22.5.9 SURVIVAL; SUCCESSORS AND ASSIGNS The rights and obligations of the Parties pursuant to this Section 22.5 shall survive the close of escrow. This Section 22.5 and the rights, duties and obligations of the Parties shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective Parties. 22.5.10 NOTICE TO OWNERS OF SETTLEMENT AGREEMENT If the Associatton and the Declarant or other developer enter into a setttement agreement, or if the matter has otherwise been resolved, where the defects and resulttng damage giving rise to the dispute have not been corrected as provided in Civil Code Sectton 6100, the Associatton shall provide written nottce to each Owner that the matter has been resolved, by setttement agreement or other means, including each of the disclosures required by Civil Code, Section 6100. 22.6 MISCELLANEOUS PROVISIONS REGARDING ENFORCEMENT AND LEGAL ACTION 22.6.1. FAILURE TO ENFORCE Failure by any Owner, including Declarant, to enforce any provisions 65 of this Declaration shall in no event be deemed a waiver of the right to do so thereafter. 22.6.2. VIOLATION OF LAW Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any Unit within the Project is hereby declared to be a violation of this Declaration and subject to the enforcement procedures herein set forth. 22.6.3. GOVERNING LAW This Declaratton shall be governed by and construed under the laws of the State of California, the County of San Diego and the City of Carisbad. 22.6.4 RIGHTS OF CITY TO ENFORCE The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest 23. GENERAL PROVISIONS 23.1. SEVERABILITY. Should any provision in this Declaration be void or become invalid or unenforceable in law or equity by judgment of court order, the remaining provisions hereof shall be and remain in full force and effect. 23.2. EXTENSION OF DECLARATION. Each and all of these covenants, conditions and restrictions shall terminate on December 31, 2055, after which date they shall automatically be extended for successive periods of ten (10) years, unless the Owners have executed and recorded at any time within six (6) months prior to December 31, 2055, or within six (6) months prior to the end of any such ten (10) year period, in the manner required for the conveyance of real property, a writing in which it is agreed that said restrictions shall terminate on December 31, 2055, or at the end of any such ten (10) year period. 23.3. ANNEXATION. Upon approval in writtng of the Association, pursuant to sixty-seven percent (67%) majority of the voting power of its Members, excluding Uie voting power of the Declarant, the Ovmer of any property who desires Uiat it be added to the scheme of this Declaration and be subjected to the jurisdiction of the Association, may file of record a declaration of a annexation, which shall extend the scheme of this Declaration to such property. After conversion of the Class B membership in the Association to Class A membership, the action herein requiring membership approval shall require the vote or written consent of (a) sixty-seven percent (67%) of the voting power of Members of the Association, and (b) sixty-seven percent (67%) or more of the voting power of Members of the Association other than Declarant. 23.4. APPROVAL BY FHA AND VA. So long as there is a Class B membership, and provided that the Project has been approved by the FHA and/or VA, ttie following shall require ttie prior approval of FHA and/or, VA: annexation of additional properties, de-annexation, mergers and consolidations, any special assessments and any amendment of this Declaratton. A draft of any amendment to this Declaration should be submitted to the VA for its approval prior to its approval by the membership of the Association. 23.5. NOTICE. In each instance in which notice or demand is to be given to the Ovmer and/or Occupant of a Dwelling, the same shall be in writing and may be served in one or more of the following manners pursuant to Civil Code Section 4045: 66 23.5.1. PERSONAL SERVICE; HAND DELIVERY. Personal service of a notice or demand to the Owner or to any one or more co-Owners of the Condominium; to any general partner of a partnership which is the Owner of record of the Condominium; to the manager of a limited liability company which is the Ovmer of record of the Condominium; and/or to any officer or agent for service of process of a corporation which is the Owner of record of the Condominium, shall be deemed delivered to such Ovmer, co-Owners, partnership, limited liability company or corporation, as the case may be. 23.5.2. SERVICE BY MAIL, EXPRESS MAIL. Service by first-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier with the document addressed to the recipient at the address last shown on the books of the association. It must be deposited in a post office, mailbox, substation or mail chute or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with proper postage paid, addressed: (a) TO OWNERS: To the Owner or Co-Owners of the Condominium at the most recent address furnished by such Owner to the secretary of the Board, or, if no such address shall have been furnished then to the street, or post office box, address of such Condominium; (b) TO THE ASSOCIATION: To the BEACHWALK HOMEOWNERS ASSOCIATION at the principal office of the Association, or to such other address as the Association may from time to time designate in writing to the Owners. 23.5.3. ELECTRONIC NOTICE E-mail, facsimile, or other electronic means, if the recipient has consented in writing, to that method of delivery. The consent may be revoked, in writing, by the recipient. 23.5.4 GENERAL DELIVERY If general delivery or nottce is required, the document may be included in a billing statement, newsletter, or other document that is delivered by one of the methods provided in this Section. Posting the printed document in a prominent location that is accessible to all members, if the location has been designated for the posting of general notices by the Associatton in the annual policy statement, prepared pursuant to Civil Code Sectton 5310. If the Associatton broadcasts television programming for the purpose of distributtng informatton on Associatton business to its members, by inclusion in the programming. 23.5.5. COMPLETION OF SERVICE. Any notice or demand deposited with the U.S. Postal Service (a) by first class U.S. Mail shall be deemed delivered four (4) days after such deposit and, (b) by express mail shall be deemed delivered two (2) days after such deposit. 23.6. REPORTS TO PROSPECTIVE PURCHASERS; ESTOPPEL CERTIFICATE - CIVIL CODE SECTION 4525. In accordance with California Civil Code Section 4525, or any successor statute or law, the Owner of a separate interest shall, as soon as practicable before transfer of titie or execution of a real property sales contract, as defined in California Civil Code Section 2985, provide the following disclosures to the prospective purchaser: (a) A copy of the Declaration, Bylaws, Articles, Association Rules, and Architectural Standards, if any. (b) A copy of the most recent financiai documents distributed pursuant to Section 5300 et. seq. (c) A tme statement in writing obtained from an authorized representative of the 67 Association as to the amount of the Association's current regular and special assessments and fees, any assessments levied upon the Owner's interest in the common interest development that are unpaid on the date of the statement, and any monetary fines or penalties levied upon the Owner's interest and unpaid on the date of the statement The statement obtained from an authorized representative shall also include true information on late charges, interest, and costs of collection which, as of the date of the statement, are or may be made a lien upon the Owner's interest in a common interest development pursuant to Civil Code Section 5650 et. seq. (d) A copy of the initial list of defects provided to each member pursuant to Section 22.5.4, unless the Association and the builder subsequentty enter into a setttement agreement or otherwise resolve the matter and the Associatton complies with Civil Code Sectton 6100. Disclosure of the inittal list of defects pursuant to this paragraph does not waive any privilege attached to the document. The inittal list of defects shall also include a statement that a final determinatton as to whether the list of defects is accurate and complete has not been made. A copy of the latest nottce of constructton defect settiement, if any, provided for in Section 6100. (e) A copy or a summary of any nottce previously sent to the Owner pursuant to Civil Code Section 5855 that sets forth any alleged violation of the governing documents that remains unresolved at the time of the request. The notice shall not be deemed a waiver of the Association's right to enforce the governing documents against the Owner or the prospective purchaser of the separate interest with respect to any violation. This paragraph shall not be constmed to require an Associatton to inspect an Owner's separate interest. (f) Any change in the Association's current regular and special assessments and fees which have been approved by the Board, but have not become due and payable as of the date the disclosure is provided. (g) If there is a provision in the Deciaration, Bylaws, Articles, Association Rules, and Architectural Standards that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant, a statement describing the prohibition. (h) If requested by the prospective purchaser, a copy of the minutes of Board meetings, excluding meetings held in executive session, conducted over the previous twelve months that were approved by the Board. (i) Upon written request the Association shall, within ten (10) days of the mailing or delivery of the request provide the Owner of a Condominium with a copy of the items specified hereinabove. The Association may charge a fee for this service, as well as a fee or assessment to change its records in connection with the transfer of titie to a Condominium. Any fees or assessments contained in this Section shall not exceed the reasonable costs to prepare and reproduce the requested items or the actual costs to change records. (j) This section does not apply to an owner that is subject to Section 11018.6 of the Business and Professions Code. 23.7. NOTIFICATION OF SALE OR CONVEYANCE. Concurrently with the consummation of the sale or other conveyance of any Condominium where the transferee becomes an Owner of the Condominium, w/ithin five (5) business days thereafter, the transferee shall notify the Association in writing of such sale or conveyance. Such notification shall set forth the name of the transferee and his Mortgagee and transferor, the common address of the Condominium purchased by the transferee, the transferee's and the Mortgagee's mailing address, and the date of sale or conveyance. Before the receipt of such notification, any and all communications required or permitted to be given by the Association, the Board, the Board's delegated committee or the Association's manager shall be deemed to be duly made and given to the transferee if timely made and given to the transferee's transferor. Mailing addresses may be changed at any time upon written notification to the Association. Notices shall be deemed given and given in accordance with the provisions of Section 23.5. 23.8. EASEMENTS RESERVED AND GRANTED. Any easements referred to in this Declaration shall be deemed reserved or granted, or both reserved and granted, by reference to this Declaration in a deed to any Condominium. 68 23.9. PROJECT DOCUMENTS. In the event of a conflict between this Declaration and any other Project Document, the provisions of this Declaration shall control pursuant to Civil Code Section 4205. 23.10. SINGULAR INCLUDES PLURAL Whenever the context of this Declaration requires same, the singular shall include the plural and the masculine shall include the feminine. 23.11. LIBERAL CONSTRUCTION. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development of a residential community and for the maintenance of the Project. The tities or headings of the Articles or Sections of this Declaration have been inserted for convenience only and shall not be considered or referred to in resolving questions or interpretation or construction. IN WITNESS WHEREOF, the undersigned, being Declarant herein, has executed this instrument this 12."^^ dav of August 2014 DECLARANT: 369 JUNIPER ACQ., LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Name: Titte: \/^Z4^Jlf^ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ^ «<!J On fty^usy '\%,f2.ovA before me, [I^m'e^and Titie of Officeri, personafly appeared vj, ^gpy^ireiu IVI g.Cr-^tfVi t , who proved to me on the basis of satisfactory evidenc^ro be the personj;*) whose namep») is/ate subscribed to the within instrument and acknowledged to me that he/^be/tlsey executed the same in his/l«rr/their authorized capacity(,i©9)', and that by his/t>eiVtbefr signaturej^s^n the instrument the persori(s^ or the entity upon behalf of which the person^g^cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SignatureVoi^/x^V^ •Hrv>^ e-J<;-«fcX^ (Seal) kPAMELA SUE MACKELLI ^ CpmrntMion No.1937503 o 69 8 r§raD9fN0TARYPtmLIC-CALIFORNIA w ' SAN DIEGO COUNTY r SAN DIEGO COUNTY , CowiiiMion Ei^^ 2015 5 SUBORDINATION AGREEMENT Western Alliance Bank, an Arizona Coproration, being the beneficiary under that certain Deed of Trust dated July 10, 2014 and recorded July 22, 2014 as Instrument No. 2014-03a6591 of Official Records in the Office of the County Recorder of San Diego County, California, hereby declares that the lien and charge of said Deed of Trust is and shall be subordinate to the Declaration to which this Subordination Agreement is attached. Date: ^^j/V By: STATE OF CALIFORNIA ) COUNTY OF ) On before me, [Name and Titte of Officer], personally appeared who proved to me on the basis of sattsfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on tlie instrument the person(s), or the enttty upon behalf of which the person(s) acted, executed the instrumenL 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CA All-Purpose Acknowledgment Attached 70 ACKNOWLEDGMENT State of California County of San Diego On 08/13/2014 before me, Jacqueline Ann Campbell, Notary Public (insert name and title of the officer) personally appeared Allan V. Paranada who proved to me on the basis of satisfactory evidence to be the person(3^ whose name(s) is/ar§ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/l)£fr/tt»feir authorized capacity(ie^), and that by his/ljer/thefr signature(^ on the instrument the person(s), or the entity upon behalf ofwhich the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and officjal^eal. I * • • • • • I t • • JACQUELINE ANN CAMPBELL Commission # 1926287 Notary Pubiic - California EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHWESTERLY ONE-HALF OF THE NORTHWESTERLY ONE-HALF OF LOT 4, BLOCK "R" OF PALISADES NO. 2, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 1803 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AUGUST 25, 1924. APN: 204-240-34 71 EXHIBIT "B RIGHT-OF-WAY. PER HNAL MAP SHEET 2 OF 2 SHEETS SB&Oi PUi.NNlNG ENGINEERING SUBVEYING Is •I .1 i 13 i EXHIBIT "cr COMMON AREA- I N55'56'39'E - 10.00' PLAN J •N5S'56'J9"£ 1.00' BUILDING (GROUND FLOOR) UNIT 4 PLAN 2 LEGEND • COMMON AREA N5S'5a'47T 25.25' PROJECT BOUNDARY (TYP.) • 7 INDICATES PRIVATE EXCLUSIVE USE YARD POR UNTT V/RES/DENTIAL UNIT 4. GRAPHIC SCALE 10 BEACHWALK AT JUNIPER SHEET 1 OF 2 SHEETS SD&Oi 2-18-14 70218.00 EXHIBIT "D" RECORDING REQUESTED BY & WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbaci, California 92008-1989 ) DOCtt 2014-00 III G717 JAN 14.2014 12:14 PM OFFICIAL RECORDS SAN DIEEO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES; 24.00 PAGES: Space above this line for Recorder's use Assessor's Parcel Numt»er Project Number and Name 204-240-34 SDP 13-04/PUD 13-07 CDP 13- 16/MS 13-05 Beachwalk at Juniper III NOTICE AND WAIVER CONCERNING RAILROAD ENVIRONMENTAL IMPACTS This Notice Conceming Railroad Environmental Impacts is made by 369 Juniper Acq., LLC, a California [imited liabiiity company, hereinafter referred to as the "Owner," is developer of certain real property situated in the City of Garlsbad, County of San Diego, State of Califonnia. RECITALS A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of trains, which will generate noise and other environmental impacts. B. The property is located adjacent to the North County Transit District Railway, City of Carlsbad, San Diego County through which are conducted certain railway operations on and about said railway. C. Owner has no control over the operations of the Railroad, including the types of equipment nor the frequency of the trains. D. It is the desire of Owner to give notice to any potential purchaser of the real property of the Railroad operation and the fact that purchasers may be suliject to vibration, sight and sound of trains operating on the Railroad. NOW THEREFORE, in light of the above Recitals, as developer and owner of the property, does, for itself, and its successors and assigns, give the following notice: 1. Owner has and shall develop the property in accordance with SDP 13-04/PUD 13-07 CDP 13-16/MS 13-05 - Beachwallc at Juniper approved by the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development of the property is consistent with the Land Use Element and Noise Element of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility or control over the operation of the Railroad, Rev. 01/2013 Assessor's Parcel Numtier: 204-240-34 Project Number and Name; SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 - Beachwalk at Juniper including without limitation, the types or number of trains, timing of, or frequency of trains. 3. That the train operations of the Railroad may create significant environmental impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to such vit)ration, sight and sound. 4. The property shall be held, conveyed, hypothecated, encumb>ered, leased, rented, used, occupied and improved subject to this Declaration and Notice. This Notice shall run with the property and shall be binding upon all parties having or acquiring any right, title or interest in the property. 5. The purpose of this Notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of trains, which will generate noise and other environmental impacts. These transportation corridor impacts currently include, but are not limited to, locomotive and train noise, vibration and other effects generated by approximately 50 trains per day including whistle, bell, wheel, braking, and grade crossing protection noise, vibration, and lighting impacts generated from said trains. These impacts are projected to increase substantially during the period of years between 2000 and "2020, and beyond, as passenger and freight train traffic increases in the corridor. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. Rev 01/2013 Executed this 'OWNER: Assessor's Parcel Numl)er: 204-240-34 Project Number and Name; SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 - Beactiwalk at Juniper day of Ae2e/^le.r 20JJ^. 3^^ 'TUAiNirs^rAca. .LLC ^ame of *Owner) X (Name By: (sign here) (print name here) :le and organization of signatory) By^ (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by "OWNER must be attached). (Chairman, president or vice-president and secretaty, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). CITY OF CARLSBAD APPROVED AS TO FORM: CELIAA. BREWER, CityAttorney Byi. Assistant City Attorney Date Rev. 01/2013 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of ^vaQrv D OnPg&. n,20t?) beforemeli»AcioLS\«J5 /VTaeJc^g k\PTeKj<LL "Pr. hU* . . (Here Insert name and title <>rthe ofTicer) ^ personally appeared (^«;^»'7»Qlr fi.c;tj VY\c-CxdryvL^d^ , who proved to me on the basis of satisfactory evidence to be the personj^ whose namefs) islufe subscribed to the within instrument and acknowledged to me that he/sWti»py executed the same in his/herrthe« authorized capacity.(ie9), and that by his/bef/iJwir signature^on the instrument the person{«5Cor the entity upon behalf Of which the person^*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and officia! seal. Signtture ofNotary Public I ^^^PAMELASUEMACKELLI §BSB&^^ Cammittion No. 1937503 o r^^BllNOTARY PUBUC-CAUFORNIA w } SAN oeoo COUNTY ~> } Commisston Exptres May 21.2015 } (Notary Seal) *'''~^^^^'''''^>"'''"""'"«""''<"""«~>'»w»vw.<»..^w.-»»v\< ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description ofatlached documem) (Title or description of attached document continued) Number of Pages •3 Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partners) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknoviltdgmenl compltud m Californta must contain verbiage exactly as appears above in the nolary seclion or a separale acbtowledgmeia form must be properly compleled and attached to thai documenl The only exception is if a document is to be recorded outside of California. In such iiutances, any altemative aclmnvledgment verbiage as may be printed on such a document so long as Ihe verbiage does not require the notary to do something that Is illegal for a nolary in California (i.e. certifying the authorized capacity of the signer}. Please check the document carefulfyfor proper notarial wording tmd attach this form If required. • Slaic and County mformation must be the State and County where the document signer(>) personally appeared before the noiaiy public ibr acknowledgment. • Date of notarization must be the date that the si^i<s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must pnnl his or her name as il appears within his or her commission followed by a comma and then your title (notaiy public). • Print the name(s) of document signei<3) who personally appear at the lime of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i e. h»^she/lt(«yr is ff) or circling the correct torms. Failure to correctly indicale Ihis information may lead to rejection of document recording. > The notary seal impression must be clear and photogr>{^ically reproducible. Impression must not cover text or lines. If Kai impression smudge$, re-seal If a sufficient area permits, otherwise complete a different acknowledgment forni. • Signature of the notary pubiic must match the signature on file with the office of the county clerk * Additional infoimation is not required bul could help to ensure this acknowledgment is not misused or attached 10 a different document 4 Indicate title or type of attached document, number of pages and dale. * Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO. Secretary). • Securely attach this document to the signed documenl 200S Version CAPA v 12.10 07 800-873-9865 www.NotaryClasses com WIEIAND ACOUSTICS noise 5 vibration consuttants WIELAND ACOUSTICS, INC. 1371 Warner Avenue, Suite A Tustin, CA 92780 Tel: 949.474.1222 www.wielandacoustics.com April 11, 2014 Project File 13.013.03 Mr. Chris McComic Vesta Pacific Development 1818 1'' Avenue, Suite 100 San Diego, CA 92101 Subject: Review of Project Drawings for the Beachwalk at Juniper Residential Development in Carlsbad, CA Reference: 1. Architectural Drawings. The McKinley Associates, Inc. Revised April 11, 2014. 2. Noise Study for the Proposed Condominium Development at 369 Juniper Avenue in the C/ty ofCarlsbad. Wieland Acoustics, Inc. April 3, 2014. Dear Mr. McComic: As requested, we have reviewed the referenced architectural drawings, and have verified that they have incorporated the acoustical recommendations provided in the noise study (Reference 2). Thank you for this opportunity to provide you with acoustical consulting services. If you have any questions, please feel free to contact us at 949-474-1222. Very truly yours, WIELAND ACOUSTICS David L Wieland, Principal Consultant We hear you! •CARLSBAD f'LE COPY Community & Economic Development www.carlsbadca.gov PLANNING COMMISSION NOTICE OF DECISION Decennber 5, 2013 Geoff McComic 1818 1st Avenue, Suite 100 San Diego, CA 92101 SUBJECT: SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 - BEACHWALK AT JUNIPER At the December 4, 2013 Planning Commission meeting, your application was considered. The Commission voted 7-0 to approve your request. The decision ofthe Planning Commission is final on the date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten (10) calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The written appeal must specify the reason or reasons forthe appeal. If you have any questions regarding the final dispositions of your application, please contact your project planner Jason Goff at (760) 602-4643 or iason.goff@carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:JG:bd c: Data Entry File enc: Planning Commission Resolution No. 7025 Planning Division 1635 FaradayAvenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 CARLSBAD FILE COPY Community & Economic Development www.carlsbadca.gov December 5, 2013 Geoff McComic 1818 l" Avenue, Suite 100 San Diego, CA 92101 SUBJECT: NOTICE OF RESTRiaiON AND NOTICE OF WAIVER CONCERNING RAILROAD ENVIRONMENTAL IMPACTS - SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 BEACHWALK AT JUNIPER Dear Applicant: Please find the enclosed Notice of Restriction and Notice of Waiver Concerning Railroad Environmental Impacts that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Site Development Plan, Planned Development Permit, Coastal Development Permit and Tentative Parcel Map. Please ensure the following items are addressed prior to returning the Notice of Restriction: Correct Notary Acknowledgement Required (Effective Januarv 1, 2008. ali Certificates of Acknowledgement used by a California notarv on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ^ Document must be properly notarized. V Name on signature page and name on Notarial Acknowledgement must match. Property owner's signatures/initials must be the same as on Notary Acknowledgement. V Notary seal cannot be blurry/too light (County will not record the document if any portion ofthe Notary Seal is blurry or too light) ^ Include property owner's name in the designated space above the owner's signature. Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, JASON GOFF Associate Planner c: Michele Masterson, CED Senior Management Analyst File Copy Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® «^c,..o. • ^ RLE copy V CARLSBAD Community & Economic Development www.carlsbadca.gov November 12, 2013 Geoff McComic 1818 r* Avenue, Suite 100 San Diego, CA 92101 SUBJECT: SDP 13-04/PUD 3-07/CDP 13-16/MS 13-05 - BEACHWALK AT JUNIPER The preliminary staff report for the above referenced project will be sent to you via email on Monday, November 18, 2013. If you have any questions concerning your project, please contact your project planner as soon as possible. It is necessary that you provide the following required information to your project planner in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations. For residential projects of 2 or more homes a typical street scene of the elevations shall be provided. The corresponding rear elevations for the homes shown for the typical street scene shall also be provided; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, vour proiect could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. Please make arrangements with your project planner to submit your colored exhibit(s) and the PDF. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Jason Goff at (760) 602- 4643 or at iason.Roff(S)carlsbadca.gov Sincerely, DON NEU, AICP City Planner DN:JG:bd File Copy David Rick, Project Engineer h Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ^l^ciTYOF •rlLE V (CARLSBAD Community & Economic Development www.carlsbadca.gov October 24, 2013 Geoff McComic 1818 1'* Avenue, Suite 100 San Diego, CA 92101 SUBJECT: SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 - BEACHWALK AT JUNIPER Your application has been tentatively scheduled for a hearing by the Planning Commission on December 18, 2013. However, for this to occur, you must submit the additional items listed below. Ifthe required items are not received by November 7, 2013, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 11 copies of the complete plan set on 24" x 36" sheets of paper, stapled in complete sets folded into 9" x 12" size. B) One (1) reduced 8)4" x 11" copy of the full plan set. These copies must be of a quality which is photographically reproducible. C) One (1) electronic copy on compact disk of the complete plan set in .pdf format. D) One (1) electronic copy on compact disk of the color exhibits and/or renderings in .pdf format. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners, including all forms of interval ownership, within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) 100' Occupant List - a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. Planning Division 1635 FaradayAvenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® SDP ismiPUD 13-07/CDP 13-16/MS 13-05 - BEACHWALK AT JUNIPER Octobei- 24, 2013 Page 2 C) Mailmg Labels - If the number of owners within the 600 foot radius is 1,000 or greater, a display advertisement in two papers of general circulation will be placed in lieu of direct mailing and labels will not be required to be submitted. If the number of owners within the 600 foot radius is less than 1,000, please submit two (2) separate sets of mailing labels of the property owners within a 600 foot radius and occupants within a 100 foot radius of the subject property. For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Labels should be prepared in ALL CAPS using block or sans serif typeface. A sample label is as follows: ACCEPTABLE MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 D) Radius Map - a map to scale, not iess than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. In the case of ownership list that Is 1,000 or greater, the fee Is equal to the current cost of publishing an 1/8 page ad In two newspapers of general circulation. Cash, check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, JASON GOFF Associate Planner JG:sm Attachment c: File I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPUCANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: <^ OF rnFILE VICARLSBAD afH-C Community & Economic Development www.carlsbadca.gov October 18, 2013 Geoff McComic 1818 l" Avenue, Suite 100 San Diego, CA 92101 SUBJECT: SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 - BEACHWALK AT JUNIPER Dear Mr. McComic, The City has completed its review ofthe October 7, 2013 submittal ofthe Beachwalk at Juniper project. No further issues were raised during this review period other than some minor issues with the conceptual landscape plan, which can be addressed at the construction drawing phase of the project. These specific issues are included for your review in the attached letter dated October 15, 2013. At this time, we will proceed with scheduling the project for the next available public hearing. A letter will follow announcing a tentative hearing date along with a request for final exhibits and a public noticing package. If you have any questions regarding this letter please feel free to contact me at (760) 602- 4643. Sincerely, JASON GOFF Associate Planner JG:sm Attachment: 1. PELA - Conceptual Review No. 3 dated October 15, 2013 I? David Rick, Project Engineer Greg Ryan, Fire Prevention Michael Elliott, PELA Will Foss, Building Official File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © October 15,2013 TO: Jason Goff, Associate Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - 3*^ Review Beachwalk at Juniper, PUD 13-07, SDP 13-04, CDP 13-16 Juniper Avenue MELA file: 495 - Beachwalk at Juniper - Con3 - COM Landscape Architect: McCullough Landscape Architecture, Phone: (619) 296-3150 The following are Issues of Concem that will need to be addressed in the construction drawing phase of the project: 1. Landscaping will need to be provided in the planting area at the northeast comer of the site up to the back of curb. 2. Tall plantings along the west side of the project (adjacent to the building) will need to take into accoimt the overhead decks. Several Tree Fems may need to be relocated as appropriate to avoid conflicts and other lower growing species may be needed to fill in where Tree Fems are moved. 3. A minimum of three (3) wall vines will need to be provided on the west side of the east property line fence at the tree locations to soften this fence. 4. Planting pockets with wall vines will need to be coordinated with the walk and wall footing along the west side of the project. ^^ciTvof LJriLt ViCARLSBAD Community & Economic Development www.carlsbadca.gov September 24, 2013 Geoff McComic 1818 1'' Avenue, Suite 100 San Diego, CA 92101 SUBJEa: SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05/AV 13-04 - BEACHWALK AT JUNIPER Dear Mr. McComic, Your project was deemed complete on July 15, 2013. There are issues of concern with the project that remain to be resolved. The issues are listed on the attached page(s). All issues will need to be resolved prior to scheduling the project for a public hearing. Please contact me at (760) 602-4643, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, JASON GOFF Associate Planner JG:sm Attachments: 1. Building Information Table. 2. Planning Rediine - PD Compliance Table E. 3. Planning Redlines - Full Size Exhibits (all sheets). 4. PELA Redlines - Conceptual Landscape Plan. 5. LDE Storm Water Standards Questionnaire E-34. 6. LDE Redlines - Full Size Exhibits (all sheets). 7. Carlsbad Fire Department Discretionary Review Checklist dated September 20, 2013. c: Chris DeCerbo, Principal Planner Michael Elliott, PELA David Rick, Project Engineer Greg Ryan, Fire Prevention Will Foss, Building Official File Copy Data Entry „ „ Planning Division 1 635 FaradayAvenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® Sd(*'i3-04/PUD 13-07/CDP flP6/MS 13-05 - BEACHWALK AT JUNIPER ..^EPTEVIBER 24, 2013 PAGE 2 ISSUES OF CONCERN Planning: 1. Concept Landscape Plan. Floor Plans, and Elevations. Please label all related project numbers (i.e., SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05) associated with this project in the upper right hand corner ofthe site plan and each sheet ofthe project plan set. 2. Please change the labeling of all units in the plan set from numbers to letters. 3. Civil Sheets 1 and 4. Please add S.G. to the list of abbreviations and define. 4. Civil Sheet 3. Please revise Cross Sections C3 and E3 so that they are to scale. 5. Civil Sheet 4. The Existing Zoning and Proposed Zoning under Project Data Items #12 and #13 should be worded exactly the same. They should each read as follows: Multiple-Family Residential (R-3) with Beach Area Overlay Zone (BAOZ) 6. Civil Sheet 4. Under the category Building Area Summary, the area of the balconies (784 sq. ft.) doesn't appear to be correct. Is this also supposed to include the roof decks? If so, please revise to clarify and also verify that the total area is correct. 7. Civil Sheet 4. Under the category Setback Summary, the required rear yard setback should be 15.3 ft. Please revise this statement and the project site plans to comply. 8. Floor Plans. The third floor area of each unit and that used in each of the calculations are inconsistent with each other. Please revise to be consistent (see attached redlines) 9. Elevations. The plans don't match the %"=l'-0" scale associated with each floor plan. Please revise to match. 10. Floor Area Table. Please complete the attached table and include it on Floor Plan Sheets A-2 and A-3. Please verify that all the information provided in the plans is consistent with the table throughout. 11. Planned Development Table E. Please see the attached and revise the project to address the issues identified in red text. 12. Please address the redlined comments on the attached. Return all redlines with vour next submittal. SDP 13-04/PUD 13-07/CDPT3-16/MS 13-05 - BEACHWALK AT JUNIPER SEPTEMBER 24, 2013 PAGE 3 PELA (Landscaping): Please note that the numbers listed below are referenced on the enclosed set of red line plans where appropriate for ease in locating the area ofthe comment concern. Please revise accordingly. REPEAT COMMENTS 1. Plans are too conceptual to provide an appropriate review. One symbol is used for most shrubs and ground covers which may be very different in size and character. There are several symbols for palms and trees; however it is not clear which species is to be used and the species listed are different in ultimate size and character. Many of the plants listed under Evergreen Flowering Ground Covers are actually shrubs. Please provide a separate symbol for each type of shrub and tree (i.e. large evergreen tree/shrub, medium size tree/shrub, small flowering accent tree/shrub, etc.) and ground covers. Please also resolve plants listed under the Evergreen Flowering Ground Covers heading. Final comments are reserved pending receipt of more complete plans. 2"'' Review: Plans are stitl too conceptual to allow an appropriate review. As examples, 3 plants are listed under the "Vertical Evergreen Accent Palm/shrub" category. One symbol is used for all of these plants which are very different in height and character. 8 trees are listed under the "Shade Canopy Project Theme Tree" category. Two symbols are used for these plants and there is no indication as to which symbol references each tree. The trees are very different in size and character. This same issue occurs with some ofthe shrub categories. Please provide a separate symbol for each type of shrub and tree as previously requested so that an appropriate review may be performed. 2. Completed. 3. Completed. 4. Civil plans call for grasscrete along the east side of the project. Please coordinate and provide appropriate planting call-outs and symbols. 2"'' Review: Please specify the plantings to be used in the grass-crete paved areas. 5. Completed. 6. Completed. 7. Parking areas shall be screened from adjacent property or streets through the use of planting or any combination of planting, mounding, and decorative walls. Screening elements shall have a total height of at least three (3) feet. Please provide on-site screening as appropriate. Clearly indicate the height ofthe screen from finish grade ofthe parking spaces in an elevation. 8. Please indicate positive surface drainage (2% grade in planting areas) away from structures and terminating in an approved drainage system. 9. Completed. 10. Completed. 11. Completed. SDP 13-04/PUD 13-07/CDP 1W6/MS 13-05 - BEACHWALK AT JUNIPER SEPTEMBER 24, 2013 PAGE 4 12. Completed. 13. Completed. 14. The Landscape Manual indicates that landscaping shall feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. The Landscape Manual also indicates that landscaping shall be used to accentuate and enhance architecture. Large palms or trees will be needed along all sides of the proposed building. Plans are currently too conceptual to check for these requirements. Please insure these requirements are met and please coordinate with the storm drain located along the west side of the buildings. 2"'' Review: Plans are still too conceptual to check for these requirements. See comment ffl above. Please also provide large evergreen trees along the south property line at specimen sizes with large evergreen screen shrubs as appropriate to fully screen the project from existing developments to the south. Some larger specimen size plantings are needed in this area to insure immediate screening. The resident of the adjacent property to the south has expressed concern about privacy as it relates to this new project from a ground level vantage and the third floor deck which has visibility down into their property. Current proposed landscaping does not appear to address Landscape Manual requirements or appropriate screening for the adj'acent property privacy. Please fully address. 15. Completed. 16. The Landscape Manual indicates that landscaping shall feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Landscaping is needed along the southern and eastern fences/walls. Please address. 2"" Review: Insufficient landscaping is proposed. Please provide additional landscaping to include wall/fence vines along these property lines. 17. Completed. 18. Completed. 19. Completed. 20. Completed. 21. Completed. 22. Completed. 23. RETURN REDUNES and provide 2 copies of all plans (concept, water consen/ation, and colored water use plan) for the next submittal. Please provide a written response to all comments clearly indicating where and how each comment was addressed. NEW COMMENTS lA. Sections C and E on sheet 3 of the civil plans do not call for a fence on top of the south retaining wall. Please coordinate. See comment #7. SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 - BEACHWALK AT JUNIPER SEPTEMBER 24, 2013 PAGES 2A. Please address landscaping up to the back of curb. Land Development Engineering: 1. Please address the redlined comments on the attached tentative parcel map. 2. Complete the recently revised storm water standards questionnaire. This questionnaire has been revised to reflect the newly adopted state storm water requirements (Order No. R9-2013- 0001). Contrary to the results of the previous questionnaire, it appears that this project will now be defined as a priority development project since the answer to questions 5 and 6 is "yes" under the current design. However, based on a total of 7,386 square feet of impervious area per the tentative parcel map, if 2,386 square feet or more of impervious walkway and/or driveway were converted to pervious concrete or other pervious material, then the impervious area would not exceed the threshold of 5,000 square feet and the project would only be subject to standard storm water requirements (not a priority development project). Otherwise, you will need to submit a Storm Water Management Plan (SWMP) with your next submittal and numerically size your storm water best management practices (BMPs) which will result in significantly larger bio-retention basins. Fire Department: The Fire Department has reviewed the project and provided their comments in the enclosed Carlsbad Fire Department Discretionary Review Checklist dated September 20, 2013 (2 pages). Building: No Comments. Jason Goff From: Geoff McComic <gmccomic@vestapacificdevelopment.com> Sent: Wednesday, July 24, 2013 3:00 PM To: Jason Goff Subject: RE: Beachwalk at Juniper - CEQA Determination Jason: Piease let this email act as notice that we are requesting a 90 day extension for Beachwalk at Juniper, Sincerely; R. Geoffrey McComic President Vesta Pacific Development 1818 f Ave. Suite 100 San Diego, Ca. 92101 gmccomic(5)vestapacificdevelopment.com (0)619-481-3830 ic)858-414-5859 From: Jason Goff [mailto:Jason.Goff@carlsbadca.qov] Sent: Wednesday, July 24, 2013 1:50 PM To: Geoff McComic Subject: Beachwalk at Juniper - CEQA Determination Importance: High Geoff, Attached is a CEQA Determination letter that we sent out today identifying the level of environmental review that we intend to apply to this project. It also identifies a target hearing date. You're going to notice some dates that are difficult to achieve, particularly the one indicating that you need to have all your issues resolved by today to make this target date. Call me and I will try and explain this. I apologize in advance for any confusion this letter may cause. You will likely want to file the request for a 90 day extension. Go ahead and do that if you so choose. We can accept this request in the form of an email or a letter, whichever is easier. By the way, I have meeting this afternoon from 2-3 and then a staff meeting from 3:30-5:30. I have a window between those two meetings ifyou want chat. Give me a call. Sincerely, Jason ^ CITY Of CARLSBAD Planning Division Jason Goff <^CITY OF OFILE VICARLSBAD LJrii-t Community & Economic Development www.carlsbadca.gov July 23, 2013 Geoff McComic 1818 1"* Avenue, Suite 100 San Diego, CA 92101 SUBJECT: SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05/AV 13-04 - BEACHWALK AT JUNIPER CAUFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPUCABILITY/PROCESS DETERMINATION CEQA Determination: This is to advise you that after reviewing the application for the project referenced above, the City has determined that the project is exempt from the provisions of CEQA pursuant to Section 15332 - In-Fill Development Projects. No environmental review is required for the project. A Notice of Exemption will be filed after approval ofthe project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the Planning Commission hearing date. Target Decision Date: In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), the project should be scheduled for a public hearing no later than September 18. 2013. Therefore, in the interest of achieving that hearing date, all remaining project issues must be addressed by July 24, 2013. If all project issues are not resolved by the date listed above, you may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw the application. For additional information related to this CEQA applicability/process determination, or should you have any questions regarding an application extension or withdrawal, please contact Jason Goff at 760-602- 4643 or by email at jason.goff@carlsbadca.gov. SIX DON NEU, AICP City Planner DN:JG:sm c: Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © Jason Goff From: Jason Goff Sent: Wednesday, July 24, 2013 8:08 AM To: 'Kurt Hoy' Subject: RE: Beachwalk at Juniper Dear Mr. Hoy, Thank you for your interest in the project and for alerting us to your concems. Please be aware that the project is in its early stages of review and is subject to change. In fact, I received a call on Monday from the developer who is presently working on a redesign that may eliminate the need for the variance to the Iront yard setback. So we will have to wait and see how this is addressed in the future; but we do appreciate your comments on the matter and I'll be sure to pass your concems along to the developer. To clarity one of your questions about the garages; yes, each unit is proposing a two-car garage. The one unit that you point to as appearing to have a one-car garage does in fact have a two-car garage; however as opposed to a side-by-side configuration, it instead is designed as a tandem garage. The code provides that 25% of the units can accommodate their covered parking requirement with a tandem garage. If you would like to look at the plans in more detail, I'd be more than happy to discuss the project with you in person, or at the very least make the plans available for you to review. For the Early Public Notice we are limited on how much we can send out, but we do have full-size plans that are much more detailed than the 8.5"xl 1" site plan and elevations that we sent you in the packet. Please let me know how I can assist you the best. Sincerely, Jason JASON GOFF / ASSOCIATE PiANNtR 760.602.4643 CTTY OF CARLSE^AD PLANNING DIVISION From: Kurt Hoy [mailto:kurthoy@amail.com1 Sent: Wednesday, July 24, 2013 1:47 AM To: Jason Goff Subject: Beachwalk at Juniper Jason, I received the early public notice regarding the proposed development at 369 Juniper today. I oppose any variance to the setback. What are setbacks for, anyway? They were established for a number of reasons. Any developer seeking to increase the density of our neighborhood (and decrease the quality of living for us and our children) should at the very least be adhere to the codes and regulations that are in place to ensure a quality environment for all of us. I'd like to see a proposal for a three-unit development—I'm sure they could make that fit. What appears benign on paper has immense impact on all the residents of a neighborhood. We've noticed a change for the worse associated with each project like this. Traffic on our streets (often dangerous, especially when the majority of it is going the length of a street/to the end of an otherwise quiet cul-de-sac); a lack of street parking; trash; and noise are just a few of the side-effects of overcrowding. Additionally, your notices states that each unit has a two-car garage. In the drawing, it appears that there are three two-car garages and one one-car garage. 1 <^c,Tvo. OFILE ViCARLSBAD Community & Economic Development www.cadsbadca.gov July 15, 2013 Geoff McComic 1818 1'* Avenue, Suite 100 San Diego, CA 92101 VIA EMAIL & US MAIL SUBJECT: 1st REVIEW FOR SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05/AV 13-04 - BEACHWALK AT JUNIPER. Thank you for applying for Land Use Permits in the City ofCarlsbad. The Planning Division has reviewed your Site Development Plan, Planned Development Permit, Coastal Development Permit, Minor Subdivision and Variance, application nos. SDP 13-04, PUD 13-07, CDP J.3-16, MS 13-05, and AV 13-04 as to their completeness for processing. The application is complete, as submitted. Although the initial processing ofyour application may have already begun, the technical acceptance date is acknowledged by the date ofthis communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the City asks that you provide five (5) complete sets of the development plans, plus one (1) additional set of the conceptual landscape plans, so that the project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25 davs. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Jason Goff, at (760) 602-4643, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781. • Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4661. • Building Division: Will Foss, Building and Code Enforcement Manager, at (760) 602-2716. • Police Department: Jodee Sasway, Crime Prevention Specialist, at (760) 931-2105. Sincerely, CHRIS DeCERBO Principal Planner CD:JG:sm Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05/AV 13-04 - BEACHWALK AT JUNIPER July 15, ^1013 Page 2 Attachments: 1. Letter dated July 7,2013 from concerned property owner at 370 Hemlock Avenue. 2. Letter dated July 11, 2013 from concerned property owner at 385 Juniper Avenue. 3. Planning Rediine, PUD Compliance Table C. 4. Planning Rediine, PUD Compliance Table E. 5. Planning Rediine, City Council Policy 66 Compliance Table. 6. PELA Rediine, Conceptual Landscape Plan. 7. LDE Rediine, full plan set. 8. Carlsbad Fire Department Discretionary Review Checklist dated July 8, 2013. c: Don Neu, City Planner Chris DeCerbo, Principal Planner David Rick, Project Engineer Greg Ryan, Fire Prevention Will Foss, Building Official Michael Elliott, PELA File Copy Data Entry SDP 13-04/PUD 13-07/CDP^16/MS 13-05/AV 13-04 - BEACHWALK A^NIPER July 15, 2013 Page 3 ISSUES OF CONCERN Planning: 1. Variance. In order for staff to recommend support for the proposed variance, please provide alternative site designs showing prior attempts along with a detailed discussion as to why a four unit project is infeasible on this site without the need for a variance to the front yard setback. 2. Site Plan Information. Please address the following: a. Under Lot Summary, Building Coverage = 3,345 sq. ft., while under Project Data, Building Footprint =3,AS0 sq.ft. Please revise or clarify this difference. V • b. Under Project Data, Proposed Density = 19.7 du/ac. Based on a Gross Site Area of 0.20 acres, this should = 20 du/ac. Please revise or clarify this difference. c. Regarding Building Coverage, please confirm whether or not the calculation provided on the site plan includes all portions of the upper stories and balconies that overhang the ground level. For additional information regarding the definition of building coverage, please see Carlsbad Municipal Code (C.M.C.) Section 21.04.061. jd^. Please include the square footage of the recreational space required for each unit, and what is being proposed. e. Please include the name of the sewer, water, and school district providing service to the project. Under Setback Summary, the Side Yard Setback is listed as ranging from 10 ft. to 25.5 ft.; however this is being measured to the first floor. It appears that the 2'"' floor on the eastern side is encroaching closer than 25.5 ft. Please revise to clarify. g. Under Discretionary Approvals, please fill in the File # information for the five different permits associated with this project. Please change TPM to MS and PDP to PUD. h. j>lease label all related project numbers (i.e., SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05/AV 13-04) associated with this project in the upper right hand corner of the site plan and each sheet ofthe project plan set. Site Plan Design. Please address the following: a. See Variance comment above. b. Please revise plans to provide approximate location of existing buildings, walls, fences, and permanent structures within 100 feet of the site. c. Please realign the planter areas located along the eastern property line to align with the planter areas provided between the series of garage doors. This is necessary to provide the full 24 ft. back-up maneuvering area in front ofeach garage. SDP 13-04/PUD 13-07/CDP iyi6/MS 13-05/AV 13-04 - BEACHWALK ATlDNIPER July 15, 2013 Page 4 d. Neither of two proposed visitor parking spaces qualify as a standard parking space having a minimum area of 170 sq. ft. and a minimum width of 8.5 ft. (see C.M.C. Section 21.44.050(A)-Table B). However, according to Planned Development Table C (C.M.C. Section 21.45.0600), General Development Standard C.4, 55% of visitor parking spaces, when located within the Beach Area Overlay Zone (BAOZ), can be counted as compact spaces (minimum dimension of 8' x 15'). Therefore, as presently proposed, one (1) ofthe two (2) required spaces labeled as "Guest" would comply with this requirement. However, the other space, labeled as "H.C. Parking Van," must be revised to meet the Standard Parking Space requirement. Please revise. e. If it is your intention to provide one (1) of the two (2) parking spaces as compact, then please label the parking space on the site plan as such. If not, please revise the plans to meet the minimum area requirement of 170 sq. ft. and minimum width of 8.5 ft. For additional information regarding the parking space dimensional requirements, please see C.M.C. Section 21.44.050(A)-Table B. f. Please provide a setback dimension to the portion of the building that is overhanging the ground level, namely along the eastern elevation where we are assuming the dashed line represents the extent ofthe 2"'' floor overhang. g. Please revise the site plan to clearly identify the portion of the second floor that is proposed over the visitor parking/handicap loading area at the southeast corner of the building. h. The small size of the posts supporting the 2"'' and 3^'' floor over the visitor parking/handicap loading area is barely legible on the plans and seems inadequate to support a 2"^ and 3'^'' floor level. Staffs concern is that a larger more substantial column and base will be required to structurally support this load within an area that is already tight for space. First, the plans need to be revised to clearly identify and call out these support posts. Second, for purposes of maneuvering a vehicle in and out these parking spaces, the two support posts must be located such that they are located entirely outside of any parking space dimensional requirements. We would strongly suggest that you meet with the Building Division to determine or discuss whether larger columns and bases will be required for these two structural supports. i. Within the Legend, the symbol for Easement appears to be the same symbol being used to represent what we are assuming to be the 2"'' floor overhang along the eastern side and the metal awnings located on the western side of the building. Please revise or clarify. j. Please show all balcony overhangs and label them accordingly. k. Please identify and label any proposed fences. If any are proposed, please provide an architectural detail on the conceptual landscape plans. I. On the plans, please assign and label Unit #s for ease of reference. 4. Tentative Parcel Map. Please address the following: a. Under Legend, please include the symbol for the retaining wall. SDP 13-04/PUD 13-07/CDP^ 16/MS 13-05/AV 13-04 - BEACHWALK A^NIPER July 15, 2013 Page 5 b. Under Discretionary Approvals, please fill in the File # information for the five different permits associated with this project. Please change TPM to MS and PDP to PUD. c. Under General Notes, please revise the information to be consistent with any revisions discussed above under Site Plan Information. d. Please provide additional cross sectional details for the area along the southern property line to show how the grading transition is proposed to occur between the existing adjacent multi-family residential structure and the proposed. Please see the attached letter from the adjoining property owner (APN 204-240-37) and revise plans so we can accurately respond to her concerns. e. On the plans, please assign and label Unit #s for ease of reference. 5. Elevations. Please address the following: a. See comments on the attached Redlined PD Compliance Table E. b. On the north and south elevations, please show the half walls that separate the 3'^'' floor deck areas. c. Please clearly label on the plans whether building height is measured from finished grade or existing grade. For additional information regarding the definition of building height and how to properly measure it, please see C.M.C. Section 21.04.065. d. Please provide a detail showing building height as it relates to the existing and proposed grade. e. On the 2"'' floor balconies and 3'^'' floor decks, please clarify the material of the structure that is enclosing/buffering these spaces. It is assumed that the material would be glass based on the requirements of the noise study and how they appear in the drawings. However, the north elevation calls them out as a metal handrail. Please clarify. 6. Floor Plans. Please address the following: a. The orientation of the building floor plans don't match the north arrow shown for each plan. Please re-orient each floor plan to match the north arrow. b. Qn the First Floor Building Plan, please show the outline for the second floor balcony area associated with the first unit closest to Juniper Avenue. c. Qn the Second Floor Building Plan, please include the square footage and interior dimension of the proposed deck areas. d. Qn the Roof Plan, please label the metal awnings that project over the first floor along the west side. SDP 13-04/PUD 13-07/CDP lTi6/MS 13-05/AV 13-04 - BEACHWALK ATTL/NIPER July 15, 2013 Page 6 e. Pursuant to Planning Division Administrative Policy #15, a total roof deck area in the BAOZ cannot exceed 25% of the building footprint. For each of the proposed third floor roof decks, please demonstrate compliance with Administrative Policy #15. 7. Qn the conceptual landscape plans, please assign and label Unit #s for ease of reference. 8. Please resubmit all revised plans on sheets no greater in size than 24" x 36". 9. Please identify how Waste Management will serve this project. 10. Qn the Architectural Site Plan and the Tentative Map sheets, please add Approval Block No. 2 to the plans. This can be found on the Planning Division's web page at the following address: http://www.carlsbadca.gov/services/departments/planning/Documents/ApprovalBlocks.pdf Please note that several versions of this approval block are available on the Planning Division's Website depending on the computer program being used to draft plans. Please contact me if you have questions or problems accessing this information. 9. Planned Development Regulations. The project is subject to compliance with Table C (General Development Standards) and Table E (Condominium Projects) of the Planned Development regulations outlined in C.M.C. Chapter 21.45. Attached to this letter are the two tables, which will eventually accompany the project staff report demonstrating the project's overall compliance. We have provided comments in each of the compliance comment sections of the table where additional information, clarifications, or revision to the project plans are necessary. Where the project complies, the comment indicates as such. Where the project is out of compliance, the issue is identified in bold red text. Please review these tables and revise the project and plans to meet each of these requirements as applicable. 10. Council Policv 66. Pursuant to Table E of the Planned Development regulations Section 21.45.080, the project must demonstrate compliance with Council Policy 66 (Livable Neighborhood Policy). The compliance table covering this policy is attached, which will eventually accompany the project staff report demonstrating the project's overall compliance. We have provided comments in each of the compliance comment sections of the table where additional information, clarifications, or revision to the project plans are necessary. Where the project complies, the comment indicates as such. Where the project is out of compliance, the issue is identified in bold red text. Please review these tables and revise the project and plans to meet each of these requirements as applicable. 11. Noise Study. Figure ll-l of the Noise Study (Wieland Acoustic, June 11, 2013) indicates exterior noise levels in excess of 60 dB CNEL at the 1"^ floor deck/yard area. How are you mitigating this area to the 60 dB CNEL if this area is being counted towards meeting its private recreation space? Please clarify and revise the report if necessary. PELA (Landscaping): Please note that the numbers listed below are referenced on the enclosed set of red line plans where appropriate for ease in locating the area ofthe comment concern. Please revise accordingly. SDP 13-04/PUD 13-07/CDP lT-16/MS 13-05/AV 13-04- BEACHWALK ATTUNIPER July 15, 2013 Page 7 1. Plans are too conceptual to provide an appropriate review. One symbol is used for most shrubs and ground covers which may be very different in size and character. There are several symbols for palms and trees; however it is not clear which species is to be used and the species listed are different in ultimate size and character. Many of the plants listed under Evergreen Flowering Ground Covers are actually shrubs. Please provide a separate symbol for each type of shrub and tree (i.e., large evergreen tree/shrub, medium size tree/shrub, small flowering accent tree/shrub, etc.) and ground covers. Please also resolve plants listed under the Evergreen Flowering Ground Covers heading. Final comments are reserved pending receipt of more complete plans. 2. Turf is not listed in the legend. Please clarify where it is to be used. 3. Please show and label the infiltration areas on the landscape plans and provide appropriate plantings. 4. Civil plans call for grasscrete along the east side of the project. Please coordinate and provide appropriate planting call-outs and symbols. 5. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. Please address. 6. Civil plans call for a proposed fence on top of the east retaining wall. Please provide a conceptual elevation ofthis fence indicating the proposed overall height and materials. 7. Parking areas shall be screened from adjacent property or streets through the use of planting or any combination of planting, mounding, and decorative walls. Screening elements shall have a total height of at least three (3) feet. Please provide on-site screening as appropriate. Clearly indicate the height ofthe screen from finish grade ofthe parking spaces in an elevation. 8. Please indicate positive surface drainage (2% grade in planting areas) away from structures and terminating in an approved drainage system. 9. Please indicate the tree quantities in the legend. 10. Please clarify the size of all shrubs. The plans currently indicate that each shrub is 50% 1 gallon or 50% 5 gallon, but do not clarify what the remaining 50% will be for each (i.e. revise to 50% 1 gallon and 50% minimum 5 gallon). 50% ofthe shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. 11. Generally identify all existing woody plant material to be removed or retained. Trees over 12" in caliper diameter shall be identified on the plan individually as to caliper size and type and labeled to be retained or removed. There is a Pine and Pepper tree that are over 12" in caliper (are either worth saving?). 12. Invasive species shall not be added to a landscaped area. Pride of Madera is listed as an invasive species. Please provide a substitute. SDP 13-04/PUD 13-07/CDP ft.6/MS 13-05/AV 13-04 - BEACHWALK AT JUNIPER July 15, 2013 Page 8 13. Myoporum pacificum has had severe issues with thrip in the Carlsbad area. Please provide a substitute. 14. The Landscape Manual indicates that landscaping shall feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. The Landscape Manual also indicates that landscaping shall be used to accentuate and enhance architecture. Large palms or trees will be needed along all sides of the proposed building. Plans are currently too conceptual to check for these requirements. Please insure these requirements are met and please coordinate with the storm drain located along the west side ofthe buildings. 15. Please coordinate civil plans with the landscape plans. Check all areas. 16. The Landscape Manual indicates that landscaping shall feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. Landscaping is needed along the southern and eastern fences/walls. Please address. 17. Please clarify which areas will be HOA maintained versus private homeowner maintained. 18. The Landscape Manual indicates that landscaping shall be used to provide privacy where appropriate. It is recommended that a fence be provided along the west property line (where none exists on the adjacent site) and south property line to provide privacy. Please address. 19. A minimum of 2 street trees are required. Trees shall be selected from the approved tree replacement list identified in Chapter 6 of the Carlsbad Community Forest Management Plan, unless approved otherwise. Street trees shall be located: a. A minimum of seven (7) feet from any sewer line. b. In areas that do not conflict with public utilities. c. Outside of sight distance areas. d. A minimum of three (3) feet outside the public right of way, unless approved otherwise by the City. Please insure these requirements are met. 20. Please indicate the total square footage of landscape area and provide appropriate water use calculations and other information as required per the Landscape Manual if the total is 2,500 square feet or greater. 21. Please provide a colored or hatched plan clearly showing where recycled water, gray-water and potable water are proposed to be used for irrigation. This plan will be reviewed with CMWD and any comments will be forwarded back to the applicant. 22. The plan shall provide that only low volume or subsurface irrigation shall be used to irrigate any vegetation within twenty-four inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constructed to cause water to drain entirely into a landscaped area. Please address. 23. Please RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, and colored water use plan) for the next submittal. SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05/AV 13-04 - BEACHWALK AT JUNIPER July 15, 2013 Page 9 Engineering: Land Development Engineering has reviewed the project and has provided their comments in red line format on the enclosed set of plans. Fire Department: The Fire Department has reviewed the project and provided their comments in the enclosed Carisbad Fire Department Discretionary Review Checklist dated July 8, 2013 (2 pages). Building Division: The Building Division has reported that they will provide a complete code review of the project when construction plans are submitted for building permit processing. Police Department: The Police Department comments will follow under separate cover. Jason Goff From: Jason Goff Sent: Thursday, July 11, 2013 12:10 PM To: 'I m' Subject: RE: Beachwalk at Juniper Dear Mr. Melideo, Thank you for your interest in the project and for alerting us to your concem. I am the project planner in charge of this project and can be reached at this email address or the number below. Please be aware that the project is in its early stages of review and is subject to change. As it relates to answering your question we cannot send you full size plans to review. However, we can make the full size plans available for you to review here in our office if that would work; and I also would be more than happy to meet with you and discuss this issue in more detail if you would like. Just let me know. Sincerely, Jason JASON GOFF/ASSOCIATE PLANNER 760.602.4643 CITY OF CARI SBAD PLANNING DIVISION From: 1 m rmailto:lmqolfs@yahoo.com] Sent: Thursday, July 11, 2013 11:50 AM To: Jason Goff Subject: Beachwalk at Juniper Project# SDP13-04/PUD 13-16/MS 13-16/MS 13-05/AV 13-04 We received your mailing on this project. The notice requested comments. We are the owners of 385 Juniper, next to this project. We are, at this point, concerned, and not agreeable to the variance request. We tried to review the attached plans, however, the reduced size makes it impossible to read. Is there a way to see and review the project in a larger format? Please let us know that you received this email as we are quite anxious due to the scope of this proposed project. Thank you for your attention to this request. Larry Melideo LMGOLFS@,YAHOO.COM i Jason Goff From: Jason Goff Sent: Monday, July 08, 2013 9:14 AM To: 'Caroline Bol' Cc: David Rick Subject: RE: Beachwalk at Juniper Dear Ms. Bol, Thank you for your interest in the project and for alerting us to your concerns. As it relates to answering some ofyour questions, please be aware that the project is in its early stages of review and is subject to change. At this time, the applicant is proposing that the existing wall separating the 370 Hemlock property from the subject property be kept in place. Regarding additional fencing, there is nothing proposed at this time. While fencing is not a requirement, we will ask them for clarification in our 1^' review letter. Regarding construction noise, any future development ofthe project would be subject to the regulations and exceptions within the Carlsbad Municipal Code, Chapter 8.48 - Noise. Regarding your question about height, the project is proposing at this time three stories with a building height of 29'- 8.5". The zoning would allow for 30 ft. maximum. Regarding your question about grade differential, there is a slight grade change proposed in order to flatten the site for the building and to direct drainage north towards Juniper Avenue. This grade change necessitates cutting along the westerly property line and filling along the easterly property line. The area along the southern property line adjacent to your property proposes a retaining wall ranging in height between 0.5 feet nearest the southwesterly corner and 2.2 ft. in the southeasterly corner of the property. The project Engineer, David Rick, has been copied on this email and may be able to provide greater clarification regarding the proposed grading ifyou should have any additional questions. If there is a time that is convenient for you, I would be more than happy to sit down with a set of the plans and discuss the project with you in person. Please let me know. Sincerely, Jason Goff JASON GOFF / ASSOCIATE PLANNER 760.602.4643 CITY OF CARLSBAD PLANNING DIVISION From: Caroline Bol rmailto:lacaroline(S)att.net1 Sent: Sunday, July 07, 2013 4:15 PM To: Jason Goff Subject: Beachwalk at Juniper Dear Mr. Goff, I am the owner of 370 Hemlock which borders directly on the southern property boundary of Beachwalk at Juniper, and I'm also the HOA president of Christie Cove HOA which has four units. Obviously we have sever^oncerns about the proposed f^ect including but not limited to: the type of boundary being used to differentiate the two properties, will there be a new fence constructed? What elevation will ground level be at In regards to where the two properties meet, how tall will the project be and will it dwarf and block out the sun to our entire complex? What provisions are being made regarding construction noise, debris, and potential loss of use and income to those of us Impacted from what's sure to be months of construction and debris? These are just some of my concerns, if you could give me some preliminary information on the process and what's next, I would surely be grateful. Best, Caroline Bol 370 Hemlock Ave Carlsbad CA 92009