HomeMy WebLinkAboutSP 32; Kamar Construction Buena Woods; Specific Plan (SP)IN_STRUCTIONS TO APPLICAh .
1. Complete Part A,B,C and D below,
2. File Application with City Planning
Dopartment .
3. Filing Fee is $100.00, plus $2.00
for each dwelling.
4. Please make check payable to:
CITY OF CARLSBAD
5. Information is to be Typewritten.
APPLIU H 0 HJ: 0 R A D 0 PTJ OM__ Of
SPTCIfTC'TLAN"
Submitted to: Carlsbad City Planning
Commission
I>ate deceived:
Date of Hearing:
PART A
GENERAL INFORMATION
Name of Applicant^
Applicant's .Representative
Applicant's Wailing Address 325*
location of Property by Street
Telephone
Telephone
PART B
LEGAL DESCRIPTION
Attach to this application, one(l) copy of a complete description of the
property for which adoption of a Specific Plan is reguested.
PART C
APPLICATION
Master Plan
Existing Zone Yes
.Date
Approved
o I I
PAKT D
MAP PREPARATION
Attach to this application, a Sepia and Twenty(20) Blueline copies of the
Specific Plan, as prepared by a .Registered Civil Engineer, or architect, which
shows the boundaries, dimensions and bearing of each line of the property for
which a Specific Plan is requested. (Those items as specified within the Planned
Community Zone, Article 13.75 of Ordinance No. 9060, shall be indicated or. such
plan.;
AFFIDAVIT
STATE OF CALIFORNIA)
COUNTY OEstSAN DIEGO)
CITY OF
/ss/
(depose and say that
involved and this
_ being duly sworn,
(We) am(are) the owner(s) of part (or all) of the property
application has been prepared in compliance with the requirements of the City
Planning Commission as printed herein, and that the foregoing information does
thoroughly and completely, to the best of my(our) ability, present an argument
in behalf of the application herewith submitted and that the
information above referred to are in all respects true and correct
of" myCour; .knowledge and belief.
Telephone Number 7t~^~7ltl Signed^
/&£&£>'*&££% me this ^> <£-*<&^of /MASubscribed and sworn
Filing Clerk or Notary Public^
This is to certify that the foregoing application has been inspected
found to be complete and acceptable for filin
and
By
with the Planning CojnmiJT^SIsiFor the City Planning
mission
BY-LAWS
OF
BUENA WOODS UNIT NO. II
HOMEOWNERS ASSOCIATION
ARTICLE I
Offices
Section 1: Principal Office: The principal office for
the transaction of the business of the BUENA WOODS UNIT NO. II
HOMEOWNERS ASSOCIATION, hereinafter called "Association" shall
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be located in the County of San Diego, State of California, and
within the project or as near thereto as is practicable. The
Board of Directors is hereby granted full power and authority to
change said principal office from one location to another within
the County of San Diego.
ARTICLE II
Members
Section 1; Number of Members: There shall be one (1)
member for each individual unit in the BUENA WOODS UNIT NO. II
development, City of Carlsbad, State of California, which membership
shall be issued to the purchaser of said unit.
Section 2; Qualification of Members: Each member of the
Association must be the owner of a dwelling unit in the BUENA
WOODS UNIT NO. II development entitled to the possession of such
dwelling unit.
Section 3: Joint Ownership of Fee Interest: In the event
that such fee interest is owned in joint tenancy, or tenancy ih
common, such owners shall from time to time designate one of theiri
members in writing, to vote and to exercise all of the.rights of
ownership.
Section 4: Transfer of Fee Ownership or Membership:
Membership in this Association shall be transferable only when
:•;m:h L'ee ownership has been validly assigned by written instrument
or by operation of law.
Section 5: Voting: In all matters which shall be presented for a
vote of the members, each member shall be entitled to one (1) vote;
provided, however, that the members shall have the right to cumulate
their votes in any election or removal o-f directors of the Association.
Except as otherwise provided herein, the business of this Association
shall be conducted by simple majority vote.
Section 6: Membership Certificates: The Board of Directors
may issue appropriate membership certificates evidencing membership
in this Association.
Section 7: Dues and Assessments: The members of the Association
shall be liable for the payment of such dues and assessments as may
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from time to time be fixed and levied by the Board of Directors,
pursuant to the provisions of Article IV, Section l(g) of these
by-laws. If such dues and assessments are not paid by the member
prior to delinquency, they shall bear interest at the rate of ten
percent (10%) per annum fromthe date of delinquency and the Board
of Directors in its discretion may file a claim of lien as provided
for in Article IV, Section l(g) of these by-laws.
In addition to the foregoing, there shall be added as a late
charge, the sum of $5.00 per month upon the passage of fifteen (15)
days from the due date, to those sums already due and owing. .
Section 8; Enforcement of Lien: If such claim of lien is filed
the Association shall have the right to foreclose the same in
accordance with the provisions of the laws of the State of California,
then in effect governing the foreclosure of mortgages on real
property and the judgment in such case shall contain an award of
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attorney's fees to the Association, provided that such action shall
be brought within one hundred twenty (120) days after the filing of such<
claim of lien or it shall be barred.
The entry of record of the satisfaction of any judgment or .
of a certificate executed by the Association acknowledging the
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satisfaction of such judgment or the redemption of such property
from the lien of any such judgment and the owner or owners thereof
shall be restored to all rights of membership in this Association.'
Section 9: Payment of Delinquency Dues: At any time prior
to judgment in such action, the delinquent member may pay said
dues, assessments and interest together with costs and
attorneys fees incurred by the Association to date of such payment,
whereupon the Association will file for record a satisfaction and
release of its lien.
ARTICLE III
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Meetings of Members
Section 1; Place of Meetings; All annual meetings of
members shall be held «at the principal office of the Association,
or at such other place as may be fixed from time to time by
resolution of the Board of Directors, and all other meetings of
members shall be held either at the principal office or at any
other place within the County of San Diego, State of California,
which may be designated either by the Board of Directors pursuant
to authority hereinafter granted to said Board or by the written
consent of all members entitled to vote thereat, given either
before or after the meeting and filed with the Secretary of the
Association.
Section 1 (a) : First Meeting There shall be a meeting,'
designated as the first meeting of this Association, which shall
be held after fifty-one percent (51%) of the dwelling units have
been sold, or within six (6) months after the sale of the first
dv/elling unit of this project, whichever date shall first occur.
Notice of such first meeting shall be sent to each unit own,er
in writing, not less than days before the day designated
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for such meeting, nor more than sixty days before said designated day,
and shall specify the place, the day and the hour of such meeting, and
the general nature of the business to be transacted.
Section 2: Annual Meeting. The annual meeting of members
shall be held or. the first Saturday of April of each year at one o'clock
p.m. of said day, provided that should said day -fall upon a legal
holiday, then any such annual meeting of members shall be held at the
same time and place on the next day thereafter ensuing which is not a
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legal holiday.
Written notice of each annual meeting shall be given each member
entitled to vote, either personally or by sending a copy of the notice
through the mail or by telegraph, charges prepaid, to his address appearing
on the books of the Association or supplied to the Association by him for
the purpose of notice. If a member supplies no address, notice shall
be deemed to have been given him if mailed to the place where the
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principal office of the Association is situated, or published at least
once in some newspaper of general circulation in the County of said
principal office. Suck notice shall be sent to each member entitled
thereto not less than days before said annual meeting, nor
more than sixty days and said notice shall specify the place, the day
and the hour of such meeting, and the general nature of the business
to be transacted.
Section 3: Special Meetings: Special meetings of members for
any purpose or purposes whatever, may be called at any time by the
President or by the Board of Directors, or by any two or more members
thereof, or by one or more members holding not less than twenty percent
(20) of the voting power of the Association. Except in special cases
where other express provision is made by statute, notice of such special
meetings shall be given in the same manner as for"annual meetings of
members. Notices shall be sent in the same manner as for annual meetings
of members. Notices shall be sent to each member entitled thereto
not less than days before each special meeting, nor more than
sixty days, said notice shall specify the place, the day and the hour
of such meeting, and the general nature of the business to be transacted.
Section 4: Adjourned Meetings and Notice Thereof: Any members
nice ting, annual or special, whether or not a quorum is present, may
be adjourned from time to time by the vote of the members present or
represented at such meeting and entitled to cast a majority of votes
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represented at such meeting, but in the absence of a quorum no other
business may be transacted at any such meeting.
When any members meeting, either annual or special, is
adjourned for thirty (30) days or more, notice of the adjourned
meeting shall be given as in the case of an original meeting. Save '
as aforesaid, it shall not be necessary to give any notice of an
adjournment or of the business to be transacted at the meeting at which
said adjournment is taken.
Section 5: Entry, of Notice: Whenever any member who is
entitled to vote has been absent from any meeting of members,
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whether annual or special, an entry in the minutes to the effect
that notice has been duly given shall be conclusive and
incontrovertible evidence that due notice of such meeting was
given to such members, as required by law and the by-laws of the
Association.
Section 6; Quorum: The presence in person or by proxy of
members entitled to cast one-half (1/2) of votes represented by all
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members of the Association shall constitute a quorum for the transaction
of business. The members present at a duly called or held meeting
at which a quorum is present may continue to do business until
adjournment, notwithstanding the withdrawal of enough members to leave
less than a quorum. If, however, such quorum shall not be present or
represented, at any meeting of the members, the members entitled to vote
thereat, in person or by proxy, shall have the power to adjourn the meeti
from time to time, until a quorum is present, or to such a time not less
than 48 hours or more .than 30 days from the time the original meeting was
called, at which meeting the quorum requirement shall be twenty-five
percent (25%) of the total outstanding number of votes. At such
^adjourned meeting, at which a quorum is present, any business may be trar
acted at the meeting which might have been transacted at the meeting as
originally notified.
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Section 7 : Consent of Absentees. The transaction of any meeting
of members, either annual or special, however called and noticed,
shall be as valid as though had at a meeting duly held after regular
call and notice, if a quorum is present either in person or by proxy,
and if, either before or after the meeting each of the members
entitled to vote, not present in person or by proxy, si cjn a written
waiver of notice, or a consent to the holding of such meeting, or an
approval of the minutes thereof, all such waivers, consents or
approvals shall be filed with the records of the Association or made
a part of the minutes of the meeting.
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SecLi on 0; I? roxion. Every person entitled to vote or execute
consents shall have the right to do so either in person or by an agent
or agents authorized by a written proxy executed by such person or his
duly authorized agent'and filed with the Secretary of the Association;
provided, however, that no such proxy shall be as valid after the
expiration of eleven (11) months from the date of its execution,
unless the members executing it specifies therein the length of time
for which such proxy is to continue in force, which is no case shall
exceed seven (7) years from the date of the execution thereof.
ARTICLE IV
Directors
Section 1: Powers. Subject to limitations of the Articles
of Incorporation, or the by-laws, and of the California Corporation
Code as to action to be authorized or approved by the members, and
subject to the duties of directors as prescribed by the by-laws,
all corporate powers shall be exercised by or under authority of and
the business and affairs of the Association shall be as controlled
by the Board of Directors, v/ithout the prejudice to such general powers
but subject to the suiiu< .limitations; it is hereby expressly declared that
the directors shall have the following powers, to-wit:
(a) To select and remove all the other officers,
agents and employees of the Association,
prescribe such powers and duties for them as
may not be inconsistent with law, with the
Articles of Incorporation or the by-laws, fix
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their compensation and require from them security
for faithful service.
(b) To conduct, manage and control the affairs and
business of the Association, and to makes such
rules and regulations therefore not inconsistent
with lav;, with the Articles of Incorporation or
the by-laws, as they may deem best.
(c) To change the principal office for the transaction
of the business of the- Association from one location
to another within the same county as provided in
Article I, Section 1 hereof; fix and locate from
time to Lime one or more subsidiary offices of the
Association within or without the State of
California, for the holding of any members meetings
and to adopt make and use a corporate seal, and to
prescribe the forms of certificates of membership,
and to alter the form of such seal and of such
certificate from time to time as in their judgment
they may deem best, provided^ such seal and such
certificates shall at all times comply with the
provisions of law.
(d) Authorize the issuance of memberships to such
persons as shall be eligible for memberships a
provided for in Article II of these by-laws
(e) To borrow money and incur indebtedness for the
purpose of the Association, and to cause to be
executed and delivered therefor, in the Association's
name, promissory notes, bonds, debentures, dcecis of
trust, mortgages, pledges, hypothecations or other
evidences of debt and securities therefor.
(f) • To appoint as executive committee, and to designate
to such committee, subject to the control of the
Board of Directors, any of the powers and authorities
of said Board, except the power to adopt, amend
or repeal the by-laws.
(y) To lix and levy i'roru Lime Lo Lime dues and
assessments upon the members of the Association
which may not, in the total aggregate, be an amount
exceeding that reasonably necessary to perform
maintenance and repairs of tiie common areas, pay such
insurance as shall be necessary, and to pay taxes
and assessments on the common areas, and maintain
and operate the facilities of the corporation and to
pay the rental and taxes upon the fee property of the
corporation; to determine and fix the duo date For
Lhe payment of such clues and assessments, and the
date upon which the same sahll become delinquent;
to suspend upon such terms and to such extent as
the directors shall in their absolute discretion
determine, membership privileges and the rights
of any member if such dues and assessments shall not
be paid before delinquency; provided however, that
such dues and assessments shall be fixed and levied
only to provide for the payment of taxes and
assessiv.ents upon real or personal property owned,
controlled or occupied by the Association for '
labor rendered or materials or supplies used and
consumed or equipment, appliances or power furnished
£or the n.u i u lenance , improvements or development
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of property subject to the management or
jurisdiction of the Association, or in the
performing or causing to be performed, any of the
purposes of the Association for the benefit and
advantage of its members, and the Board of Directors
is hereby authorized to incur any and all such
expenditures for any of the foregoing purposes as
it shall deem to be necessary or advisable in the
interest of the Association or its members; provided
however, that no dues or assessments shall be so
fixed or levied to provide funds for the purchase
acquisition or construct. Ion of" improvements of a
value in excess of §1,000.00 unless they shall
have first obtained the authorization and approval
of two-thirds (2/3rds) of the members of the
. Association. However, the subdivider's vote, if
any, shall be excluded in matters of acquisition
of improvements in excess of $1,000.00 as provided for
above. Should any member fail to pay such dues and
assessments before delinquency, the Board of Directors
in its discretion is authorized to file for record
in the office of the County Recorder of San Diego
County, California, a claim of lien for such
delinquent dues and assessments against the fee
property and improvements thereon owned by the
delinquent member.
The Association has no responsibility for any repairs
or maintenance of the individual dwellings.
(h) The Board of Directors may, by unanimous vote,
suspend the privilege of use of the Association-owned
or controlled recreational facilities by reason of
any violation by a member, a member of the member's
family, or his guest, of the published rules adopted for
the use and protection of the facilities, but said
suspension may not exceed a period of thirty (30)
days for one violation, and said suspension shall not
be imposed without giving the member notice of the
violation and an opportunity to have a hearing upon
said alleged violation and suspension.
Section 2: Number and Qualification of Directors. The
Board of Directors shall consist of three (3) directors, until
changed by amendment of the Articles of Incorporation, provided,
howovrr, thnt if authorized by the Articles, said number may be
chanted at any time by an amendment to this Section 2 of Article IV
of these by-laws, fixing or changing such number, adopted by the
vote or written assents of the members entitled to exercise a
majority of the voting power; provided, further, that no unit of
Bucna Woods Unit No. II may be represented by more than one (1)
member of the Board of Directors.
Section 3: Election and Term of Office. The directors shall
be elected at the annual meeting of members, but if any
such annual meeting is not held, or the directors not elected
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thereat, the directors may be elected at any special meeting of
members neld for that purpose. The term of office of the
directors elected at the organization meeting shall be until
their respective successors are elected and qualify.
(a) The basic term of office of directors shall be
two (2) years, save and excepting that at the
first annual meeting of members held in 1973,
2 directors shall be elected for a term of one
(1) year only, and one (1) director shall be
elected for a term of two (2) years, and each
shall serve until his successor be elected or appointee
and qualified.
(b) In January of each year, the President of the
Association will name three T(3) members of a
nominating committee, one of whom will also be
designated as Chairman and the designated
committee will be instructed to present a slate
to replace the directors whose term of office will
expire at the next annual meeting, and in addition,
the nominating committee will submit a brief resume
of the qualifications and background of ench
nominee In Liie members al: li.'ust 10 day:; before an
election.
(c) The President must instruct the nominating
committee to place people of ability, experience
availability and character for nomination to the
Board of Directors.
(d) 'The Chairman of the nominating committee must
nominate the t.'onmi L tl.ei-' .•; slate when called
upon to do so by the President at the annual
meeting. Upon completion of this duty the nominating
committee is automatically dissolved, but the
President must then make a call for nominations
from the floor before declaring the nominations to
be closed.
Section 4: Vacancies. Vacancies in the Board of Directors
may be 1.11led by a majority of the remaining directors though less
than a quorum, and each director so elected shall hold office
unti.i his successor is elected and qualified, at an annual
meeting of members or at a special meeting called for that purpose.
A vacancy or vacancies shall he deemed to exist in case .of
the death, resignation or sale of fee, or removal of any director
or if the members shall increase the authorized number of directors
but shall fail at the meeting at which such increase is authorized,
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or at an adjournment thereof, to elect the additional directors so
provided for, or in ca:;e the members fall at any time Lo elect the
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r
r
I.
full number of authorized directors.
The members may at any time elect directors to fill any
vacancy not filled by tne directors, and may elect the additional
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directors at the meeting at which an amendment of the by-laws
is voted authorizing an increase in the .number of directors.
If any director tenders his resignation to the Board of
Oiroct-ors, the Board shall have power to elect a successor to
take office at such time as the resignation shall become effective
No reduction of the 'number of directors shall have the effect of
removing any director prior to the expiration of his term of
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office.
Section 5; Place of Meetings: All meetings of the Board
of Directors shall*be held at the principal office of the
Association or any other places within or without the State of
California, designated at any time by resolution of the Board
of Directors by written consent of all members of the Board.
Section 6: Organization MoctJng. Immediately following
each annual meeting of members of the Board of Directors, there
shall bu a regular meeting for the purpose of organization,
selection of officers and the transaction of other business,
notice of such meeting is hereby dispensed with.
Section 7: Other Regular Meetings. Other regular
meetings of the Board of Directors may be held without call" at
such place and day and nour as may be fixed from time to time
by resolution of the Board of Directors, provided, however,
t lial, should r-.viiil (.lay F-'ill upon n lufja I holiday, then the
meeting which otherwise would be held on said day sahll be had
at the same time and on the next day thereafter ensuing which -is not
a legal holiday. Notice of all such regular meetings of the
Board of Directors is hereby dispensed with.
Section 8: Special Meetings. Special meetings of the
Board of Directors for any purpose or purposes shall be called
at the time by the President, or if he is absent or unable or
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refuses to act, by any Vice-President, or by any two (2) directors.
Written notice of the time and place of special meetings
shall be delivered personally to the directors or sent to each
i
director by letter or telegram, charges prepaid, addressed to him
at the aadress as it is shov/n upon the records of the Association,
or if it is not so shown on such records or is not readily
available, at tiie place in which the meeting of the directors are
regularly held; In case such notice is mailed or telegraphed,
it shall be deposited in the United States Mail, or delivered fco the
telegraph company in the place in which the principal office of
the Association is located at least 48 hours prior to the time of the
holding of the meeting. In case such notice is delivered, as
above provided, it shall be so delivered at least twenty-four (24)
hours prior to the time of the holding of the meeting. Such mailing,
telegraphing or delivery as above provided shall be due, legal and
personal notice of said meeting to such director.
Section 9: Adjournment. Notice of adjournment of any
director's meeting, either regular or special, need not be
given to absent directors, if the time and place are fixed at the
meeting adjourned.
Section 10; Entry of Notice. Whenever any director has been
absent from any special meeting of the Board of Directors, -an
ontry in the minutes to the effect that notice hor, been duly
given shall be conclusive and incontrovertible evidence that
due notice of such special meeting was given to such director as
required by law and the by-laws of the Association.
Section 11: Waiver of Notice. The transaction of any
meet iiuj oL: Llnj board oi Directors, however called and noticed,
or wherever held, shall be as valid as though had at a meeting duly
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held alter regular call and notice, if a quorum be present and if,
either before or after the meeting each of the directors not present/
signs a written waiver of notice or a consent to holding such meeting
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or an approval of the minutes thereof. All such waivers, consents
or approvals shall be filed with the records of the Association or
made a part of the minutes of the meeting.
Section 12: Quorum . A majority of the number of directors
as fixed by the Articles or the by-laws 'shall be necessary to
constitute a quorum for the transaction of business, except to
adjourn as hereinafter provided. Every act or decision done
or made by a majority of the directors present at a meeting duly
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iiold aL which u quorum is present shall bo regarded as the
act of the Board of Directors.
Section 13: Adjournment. A quorum of the directors may
adjourn any directors' meeting to meet again at a stated day and*
hour; provided, however, that in the absence of a quorum, a
majority of the directors present at any directors' meeting, either
(regular or special, may adjourn from time to time until the time
fixed for the next regular meeting of the Board.
Section 14; Fees and Compensation. No director or
officer shall receive any salary for his services as such director
or officer, nor shall any member of the Association be permitted to
act as supervisor or administrator of the Association whether with
or without compensation.
ARTICLE V
Ijectioii I: UL: fleers. The president, vicc-preuident, secretary
or treasurer of this Association, and such other officers of this
Association, having the custody of, or access to, the funds of the
Association, shall be, and each of them is, hereby required to obtain
and furnish to this Association, a bond from such bonding or insurance
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company and in such form as shall meet with the approval of the board
of Directors, for the true and faithful accounting to this Association
of all of the funds of this Association in the custody of, and under
the control of, each such office and insuring this Association against
loss For breach thereof. The cost of all such bonds to be paid by
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this association.
Section 2: Election. The officers of the Association,
except such officers as may be appointed in accordance with
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the provisions of Section 3 or Section 5 of this article;
shall be chosen annually by the Hoard.of Directors, and each
shall hold his office until he shall resign or shall be
removed or otherwise diswualified.
Section 3; Subordinate Officers, etc. The Board of
Directors may appoint such other officers as the business of
the Association may require, each of whom shall hold office
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for such period, have such authority and perform such duties
as are provided in the by-laws or as the Board of Directors may
from time to time* determine.
Section 4; Removal and Resignation. Any officer may be
removed, either with or without cause, by a majority of the
directors at the time in office, at any regular or special meeting
of the Board or except in case of an officer chosen by the Board
of Directors, by any officer upon whom such power of removal may
bo conferred by the Board of Director:;.
Any officer may resign at any time by giving written notice
to the Board of Directors or the President, or to the Secretary
of the Association. Any such resignation shall take effect
at the date of the receipt of such notice or at any later time
r.p< •< • i f i .cci therein, arid, unJe:jr; olherwi:;<% :jp«.vo i I ii;d l-.ht.-rain, the
acceptance of such resignation shall not be necessary to make it
effective.
Section 5: Vacancies. A vacancy in an office because of
death, resignation, removal, disqualification, or any other causo,
slid 1.1 bo filed in the manner prescribed in tiie by-laws for
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regular appointments to such office.
Section 6: President. Subject to such supervisory powers
if any, as may be given by the Board of Directors to the Chairman
of him Hoard, if (-horo br such an officer, Hie Pres i don f- sh.ill \»-
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the chief executive officer of the Association and shall, subject
to the control of the Board of Directors, have general supervision,
direction, and control of the business and officers of the
Association. He shall preside at all meetings of members
in the absence of the Chairman of the Board of Directors, or if •
there be none, at all meetings of the Board of Directors. He shall
be ex-officio, a member of all the standing committees including the
c!X(.;cu I i vi1 coium t Ltao, II any, and <>lial.l have the general power and
duties of management usually vested in the office of the president
of an association and shall have such other powers and duties
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of management as nay be prescribed by the Board of Directors or
the by-laws.
Section 7: * Vice-President. In the absence or disability
of the President/ the Vice-President in order of their rank, as
fixed by the Board of Directors, shall perform all the duties of
the President, and when so acting shall have all the powers
of, and be subject to all the restrictions upon the President.
The Vice-President shall have such other powers and perform such
other duties as from time to time may be prescribed for them
respectively by the Board of Directors or the by-laws.
Section 8; Secretary. The Secretary shall keep a
book of minutes at the principal office or such other place as
the Board of Directors may order of all meetings of members with'
the place and time of holding, whether regular or special, and if
special, how authorized, and the notice thereof given, the names
of those present at directors' meetings, the number of
liicjiuborshipG present or represented at members' meetings and
proceedings thereof.
Secretary shall keep, or cause to be kept, at the principal
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office or at the office of the Association's transfer agent, a
membership register, or a duplicate membership register, showing
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the nan.es of the members and their addresses, and the property
to which each rucmoership shall relate, the number and date of
certificates issued for the same, and the number and date of can-
cellation of every certificate surrendered for cancellation.
The Secretary shall give, or cause to be given, notice of
all meetings of the members and of the Board of Directors required
by Hio by-1.«w.s or by Kiw Lu be given, nnd ho :;hn!1 l;ccp Hie soal
of the Association in safe custody, and shall have such other
powers and perform such other duties as may be prescribed by the
Board of Directors or the by-laws.
Section 9: Treasurer. The Treasurer shall keep and
maintain, oc cause to bo kept and maintained, adequate and
correct accounts *bf the properties and business transactions
of the Association. The books of account shall at a-1 times
be open to inspection by any director. The Treasurer shall
deposit all monies and other valuables in the name and to the
credit of the Association with such depositories as may be
designated by the Board of Directors. He shall disburse the funds
of the Association, as may be ordered by the Board of Directors.
He shall render to the President and Directors, whenever they request
mi account of: all of his transactions as Treasurer and of the financi
condition of the Association/ and shall have such other powers and
perform such other duties as may be prescribed by the Board of
Directors or by-laws.
ARTICLE VI
Miscellaneous
Section 1: Record Date and Closing Membership Register.
The Board of Directors may fix a time, in the future, nbt
exceeding fifteen (15) days preceding the date of any meeting of
members, and not exceeding thirty (30) days preceding the date
iixed for the payment of any distribution, as a record date for the
determination of the members entitled to notice of and to vote
at any sucii meeting, or entitled to receive any such distribution,
.mil in such CitiM.1 on l.y uicinbt-rs of record on Lite date: :;o £ixc-c .'shall
be entitled to notice of and to vote at such meeting, or to any
memberships on the books of the Association after any record date
i
fixed as aforesaid. The Soard of Directors may close the books of th
Association against transfers of memberships during the whole or
any part of any such period.
Section 2: Inspection of Corporate Records. The
membership register or duplicate membership register, the books
of account and the, minutes of proceedings of the members and
directors shall be open to inspection upon the written demand
•
of any member, at reasonable times, and for a purpose reasonably
related to his interest as a member, and shall be produced at any
time when required by the demand of members entitled to cast at
least ten (10%) percent of the votes represented at any
iuu"il>e.r:;' weel-iiiys. Such inspection may be made in person or
by an agent or attorney, and shall include the right to make
extracts. Demand of inspection other than at a members' meeting
shall be made in writing upon the President, Secretary or
assistant Secretary of the Association. Every such demand, unlosn
granted, shall be referred by such officer to the Board of
Directors.
Section 3: Checks, Drafts, etc. All checks, drafts, or other
orders for payment of money, notes, or other evidence of indebtedness
i.'-;:;u< '<! i'o t he noun- of or payable Lo tin: Association, shall be r;icjned
or endorsed by such person or persons and in such manner as, from
time to time, shall be determined by resolution of the Board of
Directors.
Section 4: Annual Report. The corporation will prepare
.ind uls tr Lbu t.o an annual report to all members, which report
shall be audited by an independent public accountant, licensed
lo do business In the IJLaLc of California, and such report shall be
available to each and every member of the Association no later than
-1G-
thirty (30) days after the close of the calendar year.
•r-'_e_ctj-_o_n__5_-_ Contracts, etc., How Executed. The Board
ol l;i rectors , excc-pl as In Lhe by-laws otherwise provided, ir:ay
authorize any officer-or officers, agent or agents, to enter into
i
any written contract or execute any instrument in the name of
and on behalf of the Association, and such authority may
bc> yener.il or confined to specific instances; and unless so
authorized by the Board of Directors, no officer, agent or
employee shall have any power or authority to bind the
Association by any contract or engagement or pledge the credit
or to render it liable for any purpose or any amount.•
''ilill-'52n_ £_L Certificates of Membership. A certificate
or certificates of membership in the Association shall be issued
to each member. A*l 1 such certificates shall be signed by the
President or a Vice-President and the Secretary or an Assistant
Secretary.
Sot; Li Oil 7: Inspection of Uy-L.aws. The /vssociation shall
Keep at its principal office for the transaction of business, the
original or n copy of the by-laws as amended or otherwise altered
to date, certified by the,Secretary, which shall be open to
inspection by the meiribers at all reasonable times during office
hours.
AR'i'ICLlS VII.
Section 1: Powers of the Members. The by-laws of this
Association may be adopted, amended or repealed either at a
me< • i i.inj by tin- vole of monitors entitled to exercise a majority
of the voting power or by the written assent of such members.
CERTIFICATE OF SECRETARY
I, The Undersigned, do hereby certify:
(1) That I am the duly elected and acting Secretary ofi
Buenu Woods Unit No. II Homeowners Association, a California
Corporation, and
(2) That the loretjoimj by-laws, comprising eiyateen (18)
-17-
pages, constitute the original by-laws of said corporation as duly
adopted at the first meeting of the Board of Directors thereof duly
held on the _ day of _ , and that the same now
constitute the by-laws 'of this corporation.
IN wri'MKSS WIIi;K!'',oK , f have: hereunLo i;ul.iscr.Lbud my name and
affixed the seal of this corporation this _ day of
Secretary
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r~
!
ARTICLES OF INCORPORATION
OF
BUENA WOODS UNIT MO. II
HOMEOWNERS ASSOCIATION
FIRST; The name of this corporation is:
BUENA WOODS UNIT NO. II HOMEOWNERS ASSOCIATION
SECOND: This corporation is organized pursuant to
the General Nonprofit Corporation Law of the State of
California
THIRD: The specific and primary purpose for which
this corporation is formed is to manage, maintain, repair,
and operate real property, together with the improvements
thereon, in the County of San Diego, State of California, on
a nonprofit basis.
FOURTH; * The general purpose for which this corporation
is formed is not for pecuniary profit, but is to provide a
legal entity through which the members may exercise their
r.i.cjhtrj, dutic.'53 and obligations as owners, as tenants in common
of undivided fee simple percentage interest in said real
property and the improvements thereon.
FIFTH: In furtherance of the foregoing purposes,
this corporation shall have the following powers:
(a) To acquire by deed, devise, bequest
purchase or otherwise, any and all
forms of property.
(b) To hold, invest, re-invest, manage and
dispose of such property or the income
therefrom in any manner not contrary
to the laws of the State of California
governing corporations organized pursuant
to the General Nonprofit Corporation .Law.
(c) To have and exercise all powers conferred
by or permissible under the laws of the
State of California upon or for corporations
formed under the General Nonprofit Corporation
Law
(d) To do all acts and things which may be
reasonably necessary, proper or convenient
for the lawful accomplishment of the general
and specific purposes hereinbefore specified,
or any purpose whether or not herein
mentioned and constituting a lawful activity
for this corporation.
SIXTH; None of the gains, profits or property of
the corporation shall be distributed or inure to the benefit
of any member of this corporation or to any private individual
for services rendered to this corporation and for its
benefit in the furtherance of its purposes; and upon dissolution
of this corporation, whether voluntary or involuntary, any and
all net assets of the corporation shall be distributed to a
non-profit corporation or corporations organized and operated
exclusively for religious, charitable or educational purposes,
or the rehabilitation of veterans.
SEVENTH: The County in the State of California in
which the principal office for the transaction of business of
this corporation is located is the County of San Diego.
EIGHTH;(a) The number of Directors of said
corporation shall be three (3)
*
(b) The names and addresses of the persons
who are appointed to act as the first directors of this
corporation are:
NAME
ROBERT L. ROMBOTIS
JERRY L. ROMBOTIS
NICHOLAS C. BANCHE
ADDRESS
325 Elm Avenue
Carlsbad, California
325 Elm Avenue
Carlsbad, California
.702 Fourth Street
Oceanside, California
(c) The number of directors may be increased
from time to time, but sliall not exceed five (5) and shall be
accomplished by amendment to these Articles of Incorporation
or by an amendment of or to the by-laws of this corporation by
its members .
NINTH:
stock.
This corporation shall have no shares of
TENTH :The authorized number and qualifications of
officers and members of the corporation, the different classes
of membership, if any, the property, voting and other rights and
privileges and the method of collection thereof, shall be as
set forth in the by-laws.
ELEVENTH: This corporation shall have perpetual
existence.
IN WITNESS. WHEREOF, we, the undersigned, constituting
the incorporators of this corporation, including the persons
named hereinbefore as the first directors of this corporation,
have executed these Articles of Incorporation this _ day of
, 1973.
ROBERT L. ROMBOTIS
JERRY L. ROMBOTIS
.HOLAS C. BAN CHE
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MAIL TO:
COVENANTS, CONDITIONS AND RESTRICTIONS
OF '
BUENA WOODS UNIT NO. II
L'iAS, Kumar* Construction Co., a partnership, hereinafter
called "Declarant" is the owner of a certain tract of land, herein-
after sometimes called "Tract" or "Unit" in the County of San
Diego, State of California, more particularly described as
4kfollows:
WHEREAS, Declarant desires to create covenants, conditions
and restrictions running with the land which shall assure the
development of Tract in accordance with the general plan hereinafter
described, and shall assure the permanent upkeep and maintenance
of open spaces, roads, right of way, drainage easements, and
parking areas of the tract, and shall assure the payment of all
taxes and assessments thereon:
TuijR£FOR3, IT IS DECLARED AS FOLLOWS:
A general plan for the improvement, development,
protection and maintenance of Tract is hereby established, and, in
order Lo uccoiupliah such improvement and development, to insure
such protection and maintenance, to encourage the best use and most
artistic development and improvement of Tract, to promote the
construction and erection of tasteful and attractive homes, to secure
and maintain adequate set-back lines and free space, and in general,
— 1—
adequately to jrovide for improvements of high-type and
quality, Declarant does hereby establish and impose upon the
subject property, the following provisions, conditions,
restrictions, covenants, easements and reservations upon and
subject to which each and all parcels in said Tract shall be
held, occupied, leased, sold, and/or conveyed by Declarant or
Declarant's successors, which said covenant shall run with the
parcels and be binding upon Declarant and its successors and
assigns, for the benefit of said Tract and each and every parcel
therein, and of each owner of one or more lots or parcels, and their
assigns and successors in interest of Declar*ant and the owners of
each and every parcel in said Tract. Said provisions, conditions,
restrictions, covenants, easements and reservations now made
<k
applicable to said parcels are as follows:
ARTICLE I. PARTY WALLS
The agreement as to party walls shall be that those
occupants having residential properties, who have a common wall
adjoining said properties and a common wall have the right to the
use of such party wall. One such party wall shall be considered
to adjoin and abut against the surface from the bottom of the
foundation over the full length and height of any buildings so
erected for such residential purposes. Such rights of use shall
be such as not to interfere with the use and enjoyment of the other
owner of such party wall rights and in the event that such party
wall is damaged or injured from any cause, other than the act or
negligence of either party, the same shall be repaired or rebuilt
at their joint expense, that is to say, that the maintenance and
repair of any and all common wall structures or roofs shall be
the mutual responsibility of the owners adjoining such common wall
structure or roof. Each such owner is hereby granted an easement
for the purpose of maintenance and repair of such adjoining wall or
roof.
ARTICLE I.I. USES OTHER THAN RESIDENTIAL
PROHILJITUU
Lots 1 through 60, inclusive, shall be used solely for
private one-family residences in this Tract, and only one
j
such residence may be constructed on each lot or parcel, except
that two or more residences may have a common wall.
Lots 15, 14, 13, 12, ISA, 14A, 13A and 12A are hereby
reserved for the use of declarant as a sales office, said
reservation of right to extent in time to the complete
development of real property particularly described as:
ARTICLE III
Section 1: Committee. There shall be an Architectural «
Committee composed at all times of three (3) individuals, to
have the powers, rights and duties as herein set forth. The
initial members of said Committee shall be JERRY L. ROMBOTIS,
ROHKUT r,. ROMHUTTK and NICHOLAS C. BANCHt:; in the event of the
death, resignation or any other inability to act, Declarant shall
appoint a substitute. Should a vacancy occur in said committee,
and Declarant fails to appoint a new member to fill said vacancy
within thirty (30) days after written notice so to do by any other
in the Tract, then in that event the right to appoint such member
of said Committee shall be vested in the owners of parcels in
Tract, and each Lot or parcel shall be entitled to one (1) vote
irrespective of the number of owners of any one parcel, either at
a meeting of such owners or in writing without a meeting. Any
action by said Committee may be taken by a majority thereof and
T
members of said committee may act without a formal meeting.
The above procedure notwithstanding, declarant shall,
/
within one (1) year after the filing of the notice of completion
upon all dwelling units in Buena Woods Unit No. II, transfer
-3-
control and operation of said Architectural Committee to Buena
Woods Unit No. II Homeowners Association. —.':..-.•, ".::•-*;;
Section 2. Structures^ No building shall be erected,
placed or altered on any parcel until the building plans and
specifications and plot plans showing the location, elevation
and grade lines of such building have been approved in writing
by the Architectural Committee. The Committee, before giving
any such approval, may require that said plans, specifications
and plot plans shall comply with such requirements as the Committee
may, in its absolute "discretion, impose as to structural features
of said building, the type of building material used or other features
or characteristics thereof not otherwise expressly covered by any
of the provisions of this instrument, including the location of the
building with respect to topography and finished ground elevation.
The Committee shall require that the exterior finish and color and
architectural style and character of such building shall be such as
in the discretion of the Committee shall be deemed to be suitable in
view of the general architectural style and character of structures
erected or to be erected upon Tract. This restriction shall apply
to any alteration, modification, or remodeling of the exterior of any
structure whatsoever.
Section 3: Signs: No signs, except a sign advertising
a dwelling for sale within the project, shall be permitted. A
permitted sign shall be of customary style and reasonable dimension.
Section 4; Non-Responsibility of Committee; Neither
the Committee nor any member thereof, shall be responsible for
the structural or other defects of any kind or nature whatsoever
in said plans or specifications or in the buildings erected in
accordance therewith.
*
i Section 5: Animals, Livestock, Poultry or Commercial
Enterprises: No animal, livestock, poultry of any kind, shall"b'e
raised, bred, or kept in any dwelling unit, or in any common areas,
except that dogs, cats or other house pets may be kept, provided,
-4-
however, that no animal shall be kept, bred or maintained for any
commercial purpose, nor shall any store, office, or other place of
business of any kind or character whatsoever be conducted in or
upon or from any residence.
Section 6; Screening of Unsightly View^ All clotheslines
equipment, garbage cans, incinerators., service yards, woodpiles,
or storage areas shall be kept screened by adequate planting or
fencing so as to conceal them from view of neighboring parcels
and streets. All rubbish, trash or garbage shall be removed
from the premises'and shall not be allowed to accumulate thereon.
Section 7: Fences, Hedges or Walls; No fences, hedges
or walls shall be created or maintained upon said premises, except
such as are installed in accordance with the initial construction
A
of the buildings or located thereon, with the prior approval of
the Architectural Committee.
Section 8; Exterior Colors and Finishes; The Committee
will require that the exterior color and finish may not be changed
without first acquiring their approval.
Section 9; T. V. Antennas: No exterior television, radio
or other antennas of any kind, nature or description shall be
installed without the prior written consent of the Committee.
Section 10; Any motor vehicle, excepting motorcycles,
which can be stored within the confines of garages provided, shall
be permitted to be operated or parked within the development.
ARTICLE IV TERM
The restrictions, conditions and covenants herein contained
shall be binding and in full force and effect until .
unless modified, altered or changed by a written .instrument executed
and duly recorded by the record owners of three-fourths (3/4ths) of
-5-
the total parcels in this Tract, with prior approval of the lender .
as required by Article XII.
ARTICLE V. BREACH
Section 1. Rights on Breach: A breach of any of the
provisions, conditions, restrictions, covenants, easements, or
reservations hereby established shall give rise to declarant's,
declarant's successors in interest, assigns, the Architectural Committee,
the Owners Association, individual owners, and lenders, legal right
to enforce rights hereunder by an action for damages, injunctive
relief, rights of lien, foreclosure and other legal remedies at law
*
or in equity.
Section 2; Nuisance: The result of every act or omission
whereby any provision/ condition, restriction, covenant> easement
or reservation herein contained is violated in whole or in part,
is hereby declared to be and constitutes a nuisance, and
every remedy allowed by law or equity against a nuisance, either public
or private shall be applicable against every such result and may be
*
exercised by declarant, declarant's successors in interest, assigns,
the Architectural Committee, the Owners Association, individual owners
and lenders. Such remedy shall be deemed cumulative and not
exclusive.
ARTICLE VI COMMON AREAS
Section 1: Certain areas of this Tract shall be
developed, used and maintained as common areas, pursuant to the
provisions of Article VII hereof, and subject to the following
covenants, conditions and restrictions:
1. Declarant shall develop areas in accordance
with the plot plan which is on file with the Planning Department,
of the City of Carlsbad, and is a condition of approval of this
Tract by the City.
2. Declarant shall develop all driveways, walks,
off-street parking and common areas and incidentals thereto for the
full use and enjoyment of the owners of parcels, who shall have the
-fi-r~
right to access thereto at all times.
Section 2: The Buena Woods Unit No. II Homeowners Association,
initially, shall accept from developer, those improvements in
the common areas upon the filing of the Notice of Completion by
developer upon such common areas. Private streets of the
development shall constitute a part of the common area and shall
be subject to the maintenance and control of the Buena Woods Unit
Wo. II Homeowners Association, and subsequently, to such other
owners associations as shall be created in the future, but only
*
to the extent that those private roadways shall encompass a part
»
of the unit controlled by the Homeowners Association, each
subsequent unit bearing only their pro-rata share of such
maintenance.*
In the event that private streets should later be offered
to the City of Carlsbad by way of dedication, and in the further
event that the City of Carlsbad shall determine to accept such
dedication, the respective homeowners associations shall bear
their pro-rata costs of bringing such streets to the specifications
required by the City of Carlsbad as a condition precedent to the
dedication.
Section 3: Declarant shall grant or cause to be granted,
pursuant to the provisions of Article VII hereof, to each and every
parcel owner, the non-exclusive right to the use of the driveways
walks, parking areas and incidentals thereto.
Section 4; Declarant and its successors and assigns, the
owners of parcels in Tract shall maintain the common areas in an
attractive and safe manner suitable to the full enjoyment of such open
spaces, and other improvements erected thereon. A monthly fee shall
be assessed by the Buena Woods Unit No. II Homeowners Association
against the owners of parcels in this Tract to pay for outside
maintenance and for maintenance, upkeep, taxes and other easements
against the common areas.
ARTICLE VII ASSOCIATION
AGREEMENT
— 7 —
Declarant, its successors and assigns, do hereby deed,
convey, release and/or assign all of the rights, powers and
reservations hereinafter set forth in this Article VII, to the
Buena Woods Unit No. II Homeowners Association, a non-profit
California Corporation hereinafter sometimes referred to as
"Association" for the purposes set forth in this Declaration of
Covenants, Conditions and Restrictions. Association, its successors
and assigns, shall assume and be bound by all of the obligations
hereinafter set forth in this Article.
Declarant, its successors and assigns shall deed, convey,
release and/or assign easements, reservations and licenses as are
*
reasonably required by Association in order to carry out the intent
and purposes of this Declaration of Covenants, Conditions and
*Restrictions. No member of the Buena Woods Unit No. II Homeowners
Association shall be permitted to act as supervisor or
administrator of the Association whether with or without compensation
Section 1; Membership; Each person acquiring a fee
interest in and to a dwelling unit in Tract, entitled to
possession of such dwelling unit, must be over the age of forty
(40) years, and not having children under sixteen (16) years of
age living at home. Where husband and wife hold in joint tenancy,
the age requirement shall be deemed satisfied if one of them is
over forty (40) years of age. Buena Woods Unit No. II .Homeowners
Association, a non-profit California Corporation, is incorporated
for the purposes of operating and maintaining the residential
off-street parking, outside maintenance, recreational areas, includir
road, street, walks, malls, walls, fences, and screen planting,
including landscaping of the development, as provided by the
developer. There shall be one (1) membership for each individual
dwelling unit in Tract in the Association, which shall be issued(
to the purchaser of said dwelling unit.
Section 2: Dues and Assessments. The members of the
Association shall be liable for the pyament of such dues and
-8-
assessments as may from time to time be fixed and levied by the
Board of Directors of said Association, pursuant to the by-laws
of said Association. If such dues and assessments are not paid
by the members prior to delinquency, they shall bear interest at
the rate of ten percent (10%) per annum from date of delinquency
and the Board of Directors in its discretion may file a claim of
lien upon the residential dwelling units and the subleases as pro-
vided in the by-laws of said Association. Each member of the Assoc-
iation will bear an equal share of the total assessments for each
»
lot owned. .
Such lien shall be subordinate to any and all encumbrances
on said property filed of record before such claim of lien is
filed of record and/or the action to enforce the same is brought
*
pursuant to Section 3 of Article VII.
In addition to the foregoing, there shall be added as a
late charge, the sum of $50.00 per month upon the passage of
fifteen (15) days from the due date, to those sums already due
and owing.
Section 3; Enforcement of Lien; If such claim of lien
is filed, the Association shall have the right to foreclose the
same in accordance with the provisions of the laws of the State
of California then in effect governing the foreclosure of mortgages
on real property and the judgment in such action shall contain
an award of attorneys fees to the Association; provided, however,
that such action shall be brought within one hundred twenty (120)
days after the filing of such claim of lien or it shall be barred;
provided, further, that if a sale of the fee or leasehold interest
and improvements owned by the delinquent member is made pursuant
to such foreclosure action, the delinquent member shall have the
right of redemption within one (1) year from the date of such sale
by payment of the principal amount of the judgment including any
costs taxed insaid suit and the expenses of said sale together with
interest in said amounts at the rate of ten percent (10%) per
-Q-
annum fromthe date of such sale to the date of redemption. The
entry of record of the satisfaction of any judgment or of a
certificate executed by the Association acknowledging the
satisfaction of such judgment or the redemption of such property
from the lien of any such judgment and the owner or owners
thereof shall be restored to all rights of membership in this
•»
Association.
Section 4: Payment of Delinquent Dues; At any time
prior to a judgment in such action, the delinquent member may pay
said dues, assessments and interest together with costs and
attorneys fees incurred by the Association to date of such
payment, whereupon said Association will file for record a
satisfaction and release of its lien.
Section 5: Amendment to Declaration; This Declaration
may be amended in whole or in part by the vote of not less than
three-fourths (3/4ths) of the owners of lots in the unit the
subject of this Declaration.
Section 6: Entry for Maintenance: The Owners
Association or any person authorized by the Owners Association, may
enter any unit in the event of any emergency involving illness,
or potential danger to life or property when necessary in connection
with any maintenance or construction for which it is responsible;
such entry shall be made with as little inconvenience to the owner
as practicable, and any damage caused thereby shall be repaired
by the Owners Association.
ARTICLE VIII
Section 1: Assignment of Rights and Powers; Any or
all of the rights, powers and reservations of Declarant herein
contained may be deeded, conveyed and/or assigned to the
Association or to any other corporation or association which is
now organized or v/hich may hereafter be organized and which will
assume the duties of Declarant hereunder pertaining to the
particular rights, powers and reservations assigned, and upon
any such corporation or association evidencing such duties, it
shall to the extent granted to it by such deed, conveyance or
assignment, have the same rights and powers and be subject to
the same obligations and duties as are given and assumed by
Declarant herein, and thereupon Declarant shall be relieved
of the performance of any further duty and/or obligations
thereunder.
Section 2: Limitation to Contracts by Declarant:
Declarant hereby covenants that neither he nor his agent shall
*
enter into any contract which would be binding on the Board of
Directors of the Association or members of the Association for
a period in excess of one (I) year, .unless reasonable cancellation
provisions are included in any such contract.
ARTICLE IX
Section 1; Covenant Against Partition: By acceptance
of his deed, each owner shall be deemed to covenant for himself
and for his heirs, representatives, successors and assigns, that
he will not institute legal proceedings to effect judicial
partition of his interest in the project property, unless the
project (a) has been in existence in excess of fifty (50) years
and (b) it is obsolete and uneconomical, and (c) the
owners oi fifty (50%) percent of the units join him in such action
for partition.
Section 2; Transfer of Membership: No member shall
transfer or attempt to transfer his membership in the Association
severally from his foe ownership or in any other manner except or.
provided herein and in the By-Laws of the Association.
ARTICLE X
Easements
Easements for the installation and maintenance of
uti lities and drainngc facilities arc reserved both with rt.-spi'ct
to the running of any and all utilities from beneath the slab
of each and every dwelling. Within these easements, no
-11-
structure, planting or other materials shall be placed or
permitted to remain which may damage or interfere with the
installation and maintenance of utilities, or which may change
t
the direction of the flow of drainage channels in the easements,
or which may obstruct or retard the flow of water through drainage
channels in easements. The easement area of each lot and all
improvements in and upon it shall be maintained continuously by the
owner of the lot, except those improvements for which a public
authority or utility.company is responsible.
ARTICLE XI
Declarant shall convey title to the parcels substantially
as set forth in the grant deed set forth in Exhibit "A" attached*
hereto and incorporated herein by reference.
ARTICLE XII
Rights of Lenders
Any unit owner may encumber his unit by deed of trust
or mortgage. The beneficiary of the deed of trust or the mortgagee
is referred to in this paragraph as a "lender"
A breach of any of the provisions of this Declaration
of Covenants, Conditions and Restrictions shall not affect or
t
impair the lien or charge of any bona fide deed of trust or mortgage
made in good faith and for value encumbering any dwelling unit,
A lender who acquires title by foreclosure or deed in lieu
of foreclosure shall not be obligated to cure any breach of this
Declaration of Covenants, Conditions and Restrictions which is
non-curable or of a type which is not practical or feasible to
cure.
It is intended that any loan to facilitate the resale
of'any dwelling unit after foreclosure or deed in lieu of
foreclosure is a loan made in good faith and for value and entitled
to all of the rights and protections afforded to other lenders.
All liens created by this Declaration of Covenants,
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r
Conditions and Restrictions, including, but not limited to any
regular or special assessments for the payment of money, shall
be subordinate to the lien created by any such bona fide deed
i
of trust or mortgage given to any lender. It is specifically under-
stood, however, that a lender is liable for all such assessments
during the actual period of time the lender holds title to a unit.
This liability for assessments on the part of the lender is on a
pro-rata basis with the pro-rata period commencing on the date the
lender acquires title, and ending upon a resale or other transfer
by the lender, whereupon the liability for new future assessments
»
will attach to the transferee.
No amendment to this Declaration of Covenants, Conditions
and Restrictions shail affect any lender to the extent it defeats
the lender's then priority position with respect to its lien or
which would convert the lender's loan to an illegal status under
such governmental regulations then applicable to the lender
involved unless the approval in writing of any such lender is
obtained. Any other amendment to this Declaration of Covenants,
Conditions and Restrictions adopted in accordance with Article VII
Section 5, shall affect all lenders provided written notice of the
proposed amendment is sent to all lenders then of record and
the written approval is obtained from the lenders holding the
beneficial interest of at least seventy-five (75%) percent of" the
number of mortgages or trust deeds of record constituting valid
first liens against the project or any portion of it.
Because of its financial interest in the project, lender
may appear at meetings of the voting owners and of the Board of
Directors to present objection if violations of this Declaration
of Covenants, Conditions and Restrictions have not been enforced.
i
A lender is authorized to furnish information to the
Board of Directors concerning the status of any loan encumbering a
unit.
All applicable fire and extended coverage insurance
-13-
policies shall contain loss payable clauses naming the lenders
who encumber units by deed of trust or mortgage, as their interests
may appear.
rf there is any conflict between any provision of this
"Rights of Lenders" article, and any other provision of this
Declaration of Covenants, Conditions and Restrictions, the language
contained under "Rights of Lenders" shall -control.
ARTICLE XIII
insurance and Related Subjects
»
Section 1; Liability; Public liability and property
damage insurance shall be purchased by the Board as promptly as
possible following its election and shall be maintained in force
at all times, the premium thereon to be paid out of the
A
maintenance fund. The insurance shall be carried in a reputable
company authorized to do business in the State of California. The
minimum amount of coverage shall be $100,000.00 for bodily injury
to one person, $300,000.00 for bodily injury arising out of any
one occurrence, and $100,000.00'for property damage. The policy shall
make the Association and all owners as insured, including declarant
during such time as he shall remain the owner of one or more common
areas. Any professional managing agent, individual or corporation
who may be employed by declarant or by the owners to manage all
or any part of this project shall also be named in such policy- during
such time as said agency shall continue. The policy shall be written
on a comprehensive public liability form with endorsements putting
the policy on a personal injury basis. The policy shall contain a
blanket contractual liability endorsement, if such policy does not
automatically cover the contractual exposure . The said policy
•
shall contain any cross-liability endorsement to cover negligent
injury by one owner to another. The policy shall insure against
the liability incurred to the personal injury or property damage of
another arising from all activities of the Association and shall
extend to include the personal liability coverage on the individual
-14-
r
owner of at least equal to that provided by the Standard National
Bureau of Casualty Underwriters personal liability policy.
Section 2; Fire: It is contemplated that from time to-
time there may be partial or total destruction of the residential
units and/or structures or improvements held in common. In
order to insure the prompt and orderly repair and restoration of
such partial or tital destruction, it is within the best interests
of the project as a whole that the Association have imposed
upon it the duty to repair or restore immediately except in the
case of seventy-five (75%) percent destruction of the entire project
and a resulting decision not to rebuild in the event that three-fourths
(3/4ths) or more of the subdivided property has been destroyed or
*substantially damaged, and at a duly constituted meeting of the
owners, more than fifty (50%) percent of the owners present and
entitled to vote are opposed to repair or restoration of the
subdivided property or that the subdivided property, including the
improvements erected thereon has been in existence, in excess of
fifty (50) percent of the owners of individual units are opposed
to repair or restoration of this project. The Association shall
procure and maintain a policy or policies of fire insurance covering
any and all buildings, structures and improvements placed on said
property, such insurance to be in an amount equal to the full,
replacement cost of improvements. Each three years, the
Association shall re-evaluate the amount of said insurance coverage
and shall increase such coverage if it shall be less than the full
replacement cost of buildings, structures or improvements located
on said project. The said insurance policy or policies shall
contain a stipulated amount clause thereby assuring compliance with
the average clause employed. Said insurance shall be carried in
reputable companies qualified to do business in the State of
California and shall be paid out of the maintenance fund. The
policy or policies shall name as insured all of the owners and
-15-
declarant so long as the declarant is an owner of any of the common
areas of the project. Where the individual owners are required
by the lending institutions, the Association shall deliver to each
such owner an underlining fire policy evidencing the insurance
required by said lending institution. Such policy or policies
shall provide that any and all sums becoming payable thereunder
shall be paid to First American Title Company, or such other Bank
or Trust Company that may be designated by the Board, to be
held for the benefit of the owners, mortgagees and others as
i
their respective interests shall appear. The Board of Directors
»is appointed the power to negotiate with the insurance company
in regard to loss settlement, and after such settlement, the
chairman of the Board shall have the power to sign any proof
*
of loss claim form demanded by the insurance company which
signature shall be binding upon the entire Association. The
policy or policies of insurance shall contain a determinable
cash adjustment clause or similar clause, that in the event of
seventy-five (75%) percent destruction of the entire project and a
resulting decision not to rebuild as provided for above,
stipulating such an event the entire proceeds of the policy shall
become due and payable. The policy or policies shall also contain
a determinable demolition clause, or similar clause, to allow for
coverage of the cost of demolition of the undestroyed portion
of the buildings and structures in the event of seventy-five
(75%) percent destruction and the decision not to rebuild. Personal
property used in common and owned by the Association shall be
included in the fire policy or policies purchased by the Association.
It shall be the responsibility of the individual owner to obtain
fire and other coverages he may desire on his personal property.
The individual owner agrees to release the Association and the
Association agrees to release the individual owners from any
responsibility for loss of or damage by fire, or other insured
casualty to property of the other, whether caused by negligence
-16-
or otherwise, and hereby waives any right of subrogation
which the insurance company of the individual owner may have
against the Association, and the insurance company of the
Association may have against the individual owner.
Section 3: Workmen's Compensation.: The Board shall
purchase and maintain workmen's compensation insurance to the
extent that the same shall be required by law for employees of the
Association.
Section 4: Fidelity Bonds: The Board may also purchase
and maintain a fidelity bond in the event management is employed
by the Association.
* ARTICLE XIV
Invalidation
Invalidation of any one or more of these provisions •,
conditions, restrictions/ covenants or reservations by judgment
or court order shall in no wise affect any of the other provisions
which remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto subscribed our signatures
this day of , 1973.
ROBERT L. ROMBOTIS
JERRY L. ROMBOTIS
NICHOLAS C. BANCHE
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
< .On the day of , 1973, before me, the undersigned
a Notary Public, personally appeared ROBERT L. ROMBOTIS, JERRY L.
ROMBOTIS and NICHOLAS C. BANCHE, known to me to be the persons whose
names are subscribed to the foregoing and acknowledged to me that
they executed the same.
WITNESS my hand and seal.
Notary Public in and for said County<---
ll Sub-(U)
• • '».'...S^f'
H-:
• : J.
.. , •• •. ••\* • •*'•\.-;N: xv;"
:': •):'.:•'..'•• '•• I'-''.' ''•.''
. •Lot 7 (Southwest Quarter of the Southwest Quarter) of Section 32, Township;
ll South. Itango A Went, Son Bernardino nose and Meridian, in tho City of,,
Carlsbad. County of San Diego, State of California, according to United ''.
•States Government Survey, approved December 27, 1670* ,
I:-' • , ' , "-•• •' • • ' : ' - '• .I EXCEPTING therefrom the following described property j
' • i ' ' .
•Beginning at a point 'on the Westerly line of aaid Lot 7, distant 360.00 feet
;' Southerly from the. Northwest corner of said Lot 7} thence Northerly alonn
' Westerly lino 360.00 feet to the said Northwest comer; thence Easterly along '
,' the Northerly line of on id Lot 7, to the Northcaoterly corner thereof; thence
I Southerly along the Easterly lino 250,00 feet; thence Westerly along a lino
i parallel vith the Northerly lino of aaid Lot 7, 300.00 feet} thence along
a line dcflccCing 45000'00" loft to in torn oc.fi o lino parallel with and
'360.00 feet Southerly at rij'ht anclefl from the said Northerly line of LoC
: thence Westerly alonp, oaid parallel lino to tho 1'oint of Ucclnning.
•iv:^;s^*-.i
"*•'.•* *' ' */ **^. *-*-'.* • '».'•. ' V '» •; '-'.-.•;•.. :.:-:;.-'J
••'•':v^;:^'-;-;
''V • '' r .„"" < -:
.;:;?'i;v.;-,
vr;:^v
EXCKPTINC that portion of Falcon Hill Unit No. 1, according to Map ;
thereof Ho. 4415« filed in the office of tha County Recorder of naid San , •
Diego County, December 11, 1959; Falcon Hill Unit Ko. 2, according to Map _
thereof K'o. 5311, filed in the office of the County itccorder of said San •'•
Diego County. December 17, 1963; Falcon Hill Unit No, 3, according to Hap V
thereof Ko. 5520, filed in the office o£ the County Recorder of said San
Diego County. .January 26, 1965, and Falcon Hill Unit KoV 4, filed in the '
office of the County Recorder of said San Diego. County, February 2, 1966, :
lying within Lot 7. Section j 32, Township 11 South, Rango 4 Weae, San N
•Oernardino Da«o and Meridian, according to United Statoa Covernmonc Survey,
Tract 12A of Carlsbad Lands, in tho City of Carlobad, County of San Piego, • '
State of California, according to Map thereof No. 1661, filed in tho offico
of tho County Recorder of said San Diogo County, March 1, 1915.
EXCnrTIKG that portion of Falcon Hill Unit Ko. I, according to Map thereof
No. 4415, filed in the office of tlic County Recorder of oaid San Diego
County December ,11, 1959; Falcon Hill Unit No. 2i according to Map thereof .
^Ko. 5311. filed in the office of tho County Recorder of said San Diego County ,
'.December '17, 1963; Falcon Hill Unit No, 3, according to ifap thereof Ko, 5520,(' filed in. tho offico of tha County Uccordor of oaid San Diego County, January :
1965..'. lying vithift,aaia.Xract 124 -
•' '-• ' " '
aaid
.-..::•/••..:-. i^v^• -V".': :""•'"/ '•'•-.' :i;''-::
;:;' '•'.:•''••';••'.'.'/•'''''•''••''"'
.'.••'.:;- •'•. ".S:<;- v,^; ^4'*j
" '•Page.vl";-;^;;v;:;'V--:'
... ^^v^-'^v.^'V^' '..;.
Property Owners
1.Henry
2. Bowen
3. Gannon
4. Durrant
5. Warren
6.Gannon
WRITE IT—DON'T SAY IT INTER-DEPARTMENT MEMORANDUM
; StePX^vJcc^^
REPLY ON THIS SHEET
W [ L M E R 'SCRVicf" U.'* E STANDARD INTER DEPT. MEMO TORM II—24—PD
33
325 Elm Avenue
Post Office Box 1155
Carlsbad, California 92008
714/729-7911
March 5, 1973
City of Carlsbad
1200 ELm Avenue
Carlsbad, Ca. 92008
Re: Buena Woods, II
Carlsbad Tract 72-11
Attention: Jack Nikkinen
Dear Mr. Nikkinen
Dear Mr. Nikkinen,
Pursuant to your request enclosed please find the Articles of
Incorporation, the By-Laxs and the Covenants, Conditions and
Restrictions for our Siena Woods, II subdivision.
Very truly yours,
KAMAR CONSTRUCTION CO.
JLR/mjw
Enclosures
cc: Vince RLando
erry L. Rombotis
•, '.-i Dspartrncni:
May 23, 1972
MEMORANDUM
TO: PLANNING COMMISSION
FROM: CITY MANAGER
SUBJECT: REQUEST FOR THE APPROVAL OF A SPECIFIC PLAN AND
TENTATIVE MAP FOR A 62-LOT, 60-UNIT RESIDENTIAL
DEVELOPMENT REPRESENTING THE FIRST PHASE OF THE
"HOSP GROVE" MASTER PLAN
APPLICANT: KAMAR CONSTRUCTION CO.
The applicant is requesting that this application be continued
to the June 13, 1972 meeting, because the application has not
been completely reviewed by the staff.
JACK B. ARNOLD, City Manager
May 15, 1972
Planning Commission
Gity of Carlsbad
Carlsbad, California 92008
Gentlemen:
I will appreciate the opportunity to speak in opposition
to the Kamar Company Specific Plan application for
Phase 1 of the "Hosp Grove" development.
I believe Hosp Grove should be preserved as a natural
park area for the benifit of all Carlsbad citizens, and
feel that action on the above matter should be postponed
until after the "Park Bonds" election to afford the City
sufficient time to consider possible acquision of this
area for park purposes.
This request is made in accordance with Section 21000 (e),
of the Environmental Quality Act of 1970.
yours,
Ernest Adler, Jr.
3836 Cherry Avenue
Long Beach, California
CITY
OF
CARLSBAD
PLANNING DEPARTMENT
ANALYSIS FOR
APRIL 10, 1973
April 6, 1973
TO: PLANNING COMMISSION
FINAL ENVIRONMENTAL IMPACT REPORT #115
(Buena Woods and Grove Apartments)
BACKGROUND INFORMATION:
A zone change (ZC-3) from R-A-10,000 to P-C and a Master Plan (MP-1)
for this area, were approved by the City Council on March 3, 1970 (Res.#1694
and Ord. 9250). The master plan established three phases in the southerly
portion of the property for PUD type development with net densities of 7.6
dwelling units per acre. The northerly portion of the property was approved
showing six phases for apartment development with net densities of 18.1
dwelling units per acre. The master plan also designated 27.7 acres as
public park, 33 acres as open-space easement and 14 acres for roads. The
overall density approved was 8.12 dwelling units per acre.
A specific plan (SP-32) and tentative map (CT 78.-11) were approved by the
City Council for Phase I of the PUD portion on July 5, 1972 (Res. 2035)
and July 18, 1972 (Ord. 9317). This phase consisted of 60 units on 8 net
acres.
A Specific Plan- (SP-33) and tentative map (CT 72-12) were approved by the
City Council for Phases A, B, & C, of the apartment units on August 1, 1972
(Res. 2052) and August 15, 1972 (Ord.9321). These phases consisted of
532 apartment units on 31.3 net acres. The master plan permitted 575 units
on the same area. A grading permit was issued for this area on June 5, 1972.
ACCEPTABILITY OF DRAFT REPORT:
The draft report titled "Draft Environmental Impact Report for A Planned
Community Development, Buena Woods and Grove Apartments", proposed by Kamar
Construction Company and prepared by Environmental Impact Reports, Inc.
was accepted by the Director of Planning as the preliminary E.I.R. This
report was then forwarded to the following agencies for their review:
-1-
,nal EIR #115
,Jage 2.
1. San Diego Regional Water Quality Control Board.
2. U.S.Army Corps of Engineers,
3. IREM (County
4. State Department of Fish and Game.
Staff received comments back from all but IREM. These comments are attached
to this report.
The Water Quality Control Board and Department of Fish and Game raised basic
questions in regards to erosion and siltation during the construction phases
of development. IER, Inc. prepared an additament to their report covering thesequestions. This additament is also attached.
FINAL REPORT: .., ...
1. Project Description
The background information and the information found in the draft EIR
provides an adequate description of the project. Additional information
(minutes, staff reports, etc.) can be obtained from the Planning Department
and the City Clerk.
2. Environmental Setting Without the Project
The information contained in the draft EIR provides an adequate description
of the present environmental setting. It should be noted that this description
is subsequent to the extensive grading that had already been completed prior
to the requirement of an EIR. Additional information can be found in the
"Master Planning Study" for Hosp Grove, completed in July, 1967.
3. Identify Environmental Impacts
The draft EIR, on pages 6-9 and 81-82, identifies the basic environmental
impacts of the development. Additional discussion will follow.
4. Any Adverse Environmental Effects Which Cannot Be 'Avoided Should the.
Proposal Be Implemented.
Page 83 of the draft EIR provides this information.
5. Mitigation Measures Proposed To Minimize The Impact.
The developers proposals are found on pages 81-82 of the draft EIR.
Staff suggestions will follow.
.nal EIR #115
,Jage 3.
6. Alternatives To The Proposed Action.
Alternatives are found on pages 83-85 of the draft EIR. Staff comments
will follow.
7. The Relationship Between Local Short-Term Uses of Man's Environment and
The Maintenance and Enhancement of Long-Term Environmental Productivity.
The Hosp Grove should be considered a unique resource. The removal of
some of the trees to allow residential development will prohibit future
generations a choice of alternative land use, destroy or at least alter
the benefits of this resource, and may possibly establish a precedent that
could eventually destroy the entire grove.
8. The Growth Inducing Impacts of The Proposed Activity Upon the Neighborhood
And/Or Community.
The extension of Elm Avenue to El Camino Real will be the most significant
growth inducing impact. See page 88 of the draft EIR.
9. The Boundaries of the Area Which May Be Significantly Affected by the
Proposed Activity.
See page 88 of the draft EIR.
STAFF COMMENTS:
Three basic factors should be considered when evaluating the environmental
impact of this development:
1. The alteration of the existing land form - The major impact of this
action has already taken place. Natural hillsides and canyons have been cut
and filled to create large, terraced building pads. The valuation of this
impact is somewhat subjective, ie. it is scarring the hillside or sculturing
the hillside. Irregardless of this evaluation, the fact remains that the
action is man-made and alters the natural land-form to fit his needs. The
minimazation of future grading operations is suggested as the only realistic
method of mitigating future impacts.
The other impact caused by this action has already been discussed in the
body of the report, ie., siltation and erosion during grading operations.
It is suggested that the City Engineer place stringent controls on future
grading permits in order to alleviate this problem. This would include
proper geologic studies.
-3-
^1 tiK fr I 13
.ge 4.__
2. The additional demand on municipal services - The most impacted municipal
services will be police and fire protection and the already over-crowded
school system. Proper fire controls and adequate circulation for police patrols
will have to be provided as each phase is developed. Additional man-power1
will have to be provided as the need arises. The only way to mitigate this
development's impact of the school system would be the developer's willingness
to work out a mutual agreement with the Carlsbad Unified School District
to provide for future school requirements.
3. The impact on the unique resources of the grove and its potential
recreational use. The total acquisition of the grove area by the City for
park purposes had been ruled out by being economically unfeasible. The
only way left for the City to acquire land was by dedication per City Ordinance
No. 9190.
All of the area for park dedication is on the west side of Monroe Street
(extended) except for the area around the natural amphitheater. Most of
this area is located on slopes in excess of 30%. This fact restricts the type
of recreational uses that could be implemented. In order to allow a more
diverse variety of recreational potential, it is suggested that the densities
allowed by the Master Plan in Units E (west side) and F be absorbed elsewhere
in the development and the areas be included into the public park. This would
also provide a coherent park area and greenbelt between the duck feeding area
on Buena Vista Lagoon and Elm Avenue. It should be noted that this suggestion
is consistent with the goals and policies of the Housing Element of the
General Plan.
In conclusion - - Staff feels that if the above suggestions are adhered to,
the environmental impact of Buena Woods and Grove Apartments will be kept to
a minimum that can be expected and/or requested at this time. The design of
the remaining units will have a substantial effect on the total impact of this
project. It is hoped and expected that the City and the developer will make
every effort to create the best they can with what they have.
Respectfully submitted by:
MICHAEL C. ZANDER
Assistant Plann
MEMORANDUM Date: May 8. 1972
TO: City Manager, Fire, Building, Parks & Recreation,
• Engineering
FROM: PLANNING DEPARTMENT
SUBJECT: Adoption of a Specific Plan and Tenative Map for the
1st phase of the Hosp Grove Master Plan 62 Townhouse Units
APPLICANT: KAMAR CONSTRUCTION
The subject matter is scheduled for public hearing before
the Planning Commission on Tentatively set May 23, 1972. Your
recommendations are requested, and should be returned to this
office by May 16, 1972 , for inclusion in a com-
prehensive Staff Report.
Your attendance is requested at a Staff Meeting,
May 11 , 1972 , at 10:00 A.M.
No Staff Meeting required; Please indicate your
recommendations below and return.
DONALD A. AGATEP
Associate Planner
Attachments: Application
Plot Plan
RECOMMENDATIONS Date:
TO: PLANNING DEPARTMENT
FROM:
\]
Affidavit of Publication
ss.STATE OF CALIFORNIA |
County of San Diego [
.................................. _ ............. Dorothy . Je_ Courc£ ____________________ ..... ..... § says that she Fs the pr;nc;pa| Clerk
of The Carlsbad Journal, a weekly newspaper of general circulation, printed and published in the
City of Carlsbad, County of San Diego, and State of California, and that the notice of which the
annexed is a true copy, was published ..... — _~ ...... .times in said newspaper, commencing on the ...............
day of ................................... MM ........ _ ................. , A.D. 19 .....75 namely on the following dates:
NOTICE OF PROPOSED
ADOPTION & OF A SPECIFIC
PLAN
NOTICE IS HEREBY GIVEN
that the Planning Commission
of the City of Carlsbad will
hold a public hearing at the
City Council Chambers, 1200
Elm Avenue, Carlsbad, Cali-
fornia at 7:30 P.M. on Tues-
day, May 23, 1972, toconsider
an application submitted by
KAMAR CONSTRUCTION
COMPANY for adoption of a
Specific Plan for Phase 1 of
the "Hosp Grove" develop-
ment on property located on
the easterly side of Monroe
Street, northerly of Elm Ave-
nue described as follows:
Lot 7 of Sec. 32, Town-
ship 11 S, Range 4 W.
San Bernadino Base and
Meridian, in the City of
Carlsbad, County of San
Diego, State of California,
according to United States
Government survey, ap-
proved December 27,
1870 and more particu-
larly described on file in
the Carlsbad City Plan-
ning Office.
CARLSBAD CITY PLANNING
COMMISSION
Pub: May 11, 1972.
.11,... 1972.
Signed at Carlsbad, California this
day of _ Mas , 197?....
I hereby declare under penalty of perjury
foregoing is true/find correct.
Legal Decree No. 172342 Princitiial Cleric
NOTICE OF PROPOSED
SPECIFIC PLAN
NOTICE IS HEREBY GIVEN that the City Council of the
City of Carlsbad will hold a Public Hearing in the City Council
Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:30 P.M.
at an Adjourned Regular Meeting to be held Wednesday, July 5,
1972, to consider an application submitted by KAMAR CONSTRUCTION
COMPANY for adoption of a Specific Plan for Phase I of the "Hosp
Grove" development on property located on the easterly side of
Monroe Street, northerly of Elm Avenue described as follows:
Lot 7 of Section 32, Township 11 South, Range
4 West, San Bernadino Base and Meridian, in
the City of Carlsbad, County of San Diego,
State of California, according to United States
Government survey, approved December 27, 1870
and more particularly described in application
on file in the Office of the City Clerk.
CARLSBAD CITY COUNCIL
Publish: June 22, 1972
NOTICE OF-PROPOSED ADOPTION
& OF A SPECIFIC PLAN
NOTICE IS HEREBY GIVEN that the Planning Commission of the
City of Carlsbad will hold a public hearing at the City Council
Chambers, 1200 Elm Avenue, Carlsbad, California at 7:30 P.M.
on Tuesday, May 23, 1972, to consider an application submitted
by KAMAR CONSTRUCTION COMPANY, for adoption of a Specific Plan
for Phase I of the "Hosp Grove" development on property located
on the easterly side of Monroe Street, northerly of Elm Avenue
described as follows:
Lot 7 of Sec. 32, Township 11 S, Range 4 W. San
Bernadino Base and Meridian, in the City of
Carlsbad, County of San Diego, State of Calif-
ornia, according to United States Government
survey, approved December 27, 1870 and more
particularly described on file in the Carlsbad
City Planning Office.
CARLSBAD CITY PLANNING COMMISSION
Publish: May 11 , 1972
Application for Adoption
of A Specific Plan
Applicant: Kamar Construction Co.
Date: 5-12-72
Property Ownerships
Henson
Swanger
Sims
Gwynn
Davis
Bater
Cuwar
8. Jenninqs 18
9.Dewhurstl9
10.Ambrose 20
27
22
23
Benson
Da vies
Cedo
Berkowitz
Hopkins
Vittitoe
McDowellCataI To
Machado
Johnson
Beeman
Neiswender
Willard
G-roup Ten
^—17 //^P--./iW, Uss**£r--i' >
STO^/F^
E KEY MAP ABOVE)
OPEN SPACE CORRIDOR-POTENTIAL FLOOD PLAIN
POSSIBLE STUDY
^'/A A )
V"5 V^*:\r:r*:V, SHOPPINGHOSP GROVE • Vf f .ivK7=V"'"V^ CENTER
HOSP 6'ROV'E
CONSLJLTANTS
. ••••!. I H A •'. 1. A
COUNTY OF SAN DIEGO
IMPUfl MENTATION RTUDY ANDrtrr-ORT FOn GENERAL PLANf M.fllOfMAL PARKS,COr\3CSPT STUOY
f
NOTICE OF PRELIMINARY ENVIRONMENTAL IMPACT REPORT
NOTICE IS HEREBY GIVEN THAT KAMAR .muSTRJirT
has submitted environmental impact information to the City of
Carlsbad in accordance with the Environmental Protection
Ordinance of 1972 (Ord. 1158) regarding a request for
-••• 130-UNIT PLANNED UNIT DEVELOPMENT-ON 43.9-ACRES
on property generally located yON LBOT.H .S.IDE.S .OF . r
MONROE,.STREET .EXTENSION. BETWEEN ELM AVENUE .AND MARRON ROAD
A preliminary environmental impact report has been filed with
V_ the City of Carlsbad Planning Department and will be available
for public review and comment until _.,_.. ,' _•
All comments shall be submitted to the Planning Director in
writing.
CARLSBAD CITY PLANNING COMMISSION
_. mRCIL 12 ^
NOTICE OF PRELIMINART ENVIRONMENTAL IMPACT REPORT
NOTICE IS HEREBY GIVEN THAT |<AMAg
has submitted environmental impact information to the City of Carlsbad
in accordance with the Environmental Protection Ordinance of 1972
(Ord. 1150) regarding a request for G PAD/PC.
AOD
on property generally located .5^OTH OP" MA££Ok\ f?<&
A preliminary environmental impact report has been filed with the City
of Carlsbad Planning Department and will be available for public review
and comment until /\,f |> _ . All comments
shall be submitted to the Planning Director in writing.
CARLSBAD CITY PLANNING COMMISSION
Date:
PUBLISH: March 1, 1973.
Vx
STAFF REPORT/MEMO Jl.'3, 1972
TO: PLANNING COMMISSION
FROM: CITY MANAGER "
SUBJECT: REQUEST FOR THE APPROVAL OF A SPECIFIC PLAN AND A
TENTATIVE MAP FOR A 62-LOT, 60-UNIT RESIDENTIAL
DEVELOPMENT
APPLICANT: KAMAR CONSTRUCTION COMPANY
Report submitted by:City Manager, Fire, Engineering, Building,
Parks & Recreation and Planning Departments
General Discussion:
The applicant is requesting approval of a specific plan and a
tentative map for the first phase of the "Hosp Grove" Master Plan
adopted by City Council Ordinance 9250 on March 17, 1970.
Located in the northeast quadrant of the proposed Monroe Street,
Elm Avenue intersection, the first phase consists of J_6^07
acres and__6_0_2 , 3 and 4 bedroom clustered residential units".
The clustering concept employed in the proposal varies from
a minimum of three two-story dwelling units to eight two-story
dwellings per cluster. .Each unit will have two enclosed parking
spaces with 50 additional "spaces being provided on the street ......
Tri" parking bays. A recrea.ti.pnaT" facil ity, /including _s_wjja]}iing
pool is located along the northerly boundary of the first
phase and Jhot 62 (1.27 acres) along the westerly boundary and
west of the proposed Monroe Street extension will be left in
its natural state.
A total of
roads and
11.25 acres has
~eprTsFnt s — 70"
been left in
~ of the total
open space exclusive of public
parcel.
_very effort is being made by the applicant to insure a maximum
number of trees will be retained within the proposed development.
Those trees_that_are_to_ be retained should be so indicated
on an v£E£r^?O-^.n~d--s?ijii Plan required as a part of the P-C
Ordi nancelToT"92 1 8 . """"""
Concepts to be utilized in the pedestrian c
should be shown on the Jjyiisj^pjrj^^ indicatetTie
systems_rel,ationship t <Pb t h eT~p h a s e s~b f the "Hosp Grove" as
well as the rel ations'hi p to existing and proposed public
pedestrian systems.
The "Hosp Grove" represents a substantial fire hazard arid it
is the opinion of the staff that two lanes of Elm Avenue .fee
extended from Valley to the proposed Monroe Street extension
Page Two
Staff Report
June 13, 1972
>'"'•
/ It should be noted that the tentative map as submitted does
not qpnfor-m to the requirements of sectnjyxs, 20,'12.7030' jand "*
20.12.040 of the Municipal Code". "TTTTRout the information
requested therein, it is difficult to adequately analyze
the tentative map. In order to avoid delays to the developer,
the engineering department has proceeded with the review
and conditioned the map accordingly.
Additionally, elements of a specific plan established within
the P-C ordinance 9218 and Section 21.38.060 of the Municipal
Code requires JajLd.scape plans be^ submitted as part of the
speci"fj_c_jj1an. Although this "ha! not been submitted, the
TcTfunfcape ~pTa~n should be submitted to the staff and subject
to their approval.
Recommendation;
The staff recommends approval of the subject application for
the following reasons and subject to the following conditions:
Reasons for Approval:
1. The subject application is in conformance with the City
of Carlsbad General Plan as amended.
2. The subject application is within the guidelines and
- recommendations of the City of Carlsbad Housing Element.
3. The subject application is in general conformance with
the "Hosp Grove" Master Plan as adopted by the City of Carlsbad
Ordinance 9250.
'Conditions of Approval:
1. That all specific plan requirements set forth in the
Planned Community Ordinance 9218 shall be met prior to the
issuance of any permit for grading or building and shall
include:
a. Landscape plans
b. Improvements for and location of the proposed pedestrian
circulation system
c. Architectural concept to be utilized for the recreational
facility
d. The above items shall be submitted to the City of Carlsbad
staff and shall be subject to their approval
2. That the specific plan labeled Exhibit "A" shall be
adopted as presented. Any modifications or deviation to the
specific plan shall be submitted to the Planning Department
and shall be subject to their approval.
Page Three
June 13, 1972
Staff Report
3. That the architectural concepts presented in Exhibit "B"
shall be adopted as a part of the adopted specific plan.
Any deviation shall be subject to the approval of the Planning
Department.
4. Any additional architectural structures the applicant
may wish to construct shall be in conformance with the
architectural theme employed in "Exhibit B".
5. Ten(lO) foot street tree easements shall be provided
adjacent to all collector streets within the subject development
6. The applicant shall offer for dedication land as required
by City of Carlsbad Ord. 9190.
7. All major exterior wood surfaces shall be treated with
a fire retardant or an equivalent as approved by the City
of Carlsbad Fire Chief.
8. That the final alignment of Monroe Street and the interior
streets be subject to the approval of the City Engineer.
9. That the storm drain system between Elm Avenue and the
northerly boundary of the subdivision be sited in accordance
with the City Master Drainage Plan. All drainage shall be
subject to the approval of the City Engineer.
10. That the provisions for providing water and sewer be
subject to the approval of the City Engineer.
11. All public improvements shall be installed as required
by Ordinance and the City Engineer and shall be designed
in accordance with City design criteria.
12. That ten(10) feet of right-of-way for Elm Avenue be
dedicated to the public.
13. That full half street improvements be installed on
Elm Avenue adjacent to the subdivision.
14. That Elm Avenue be improved to ultimate design grade
with two 14 feet travel lanes between Monroe Street and
Valley Street.
15. The water distribution and sewer collection system
shall be dedicated to the City together with the necessary
easements free of liens and encumbrances.
16. On-site fire hydrants and fire protection appurtenances
shall be constructed in accordance with Fire Department
requirements.
17. The interior streets are proposed to be private. The
following special conditions shall apply:
Page Four
June 13, 1972 - - ~ ~
Staff Report
a. Provisions for maintaining the streets, satisfactory
to the City Engineer and City Attorney, shall be pro-
vided prior to issuance of any occupancy permit.
b. The design of all streets shall be approved by the
Public Works Department and all street construction
shall be inspected by the Public Works Department
and a standard inspection fee paid.
c. All streets shall be designed for a structural sec-
tion in accordance with City of Carlsbad Standard
Design Criteria.
d. Provision for accommodating pedestrian traffic satis-
factory to the Planning Director and City Engineer
shal 1 be provided.
e. Lighting adequate for pedestrian and vehicular safety
and sufficient to minimize police problems shall be
provided.
f. Where it is proposed to reduce street widths by
elimination of curb-side parking, equivalent parking
in addition to the normal off-street requirement
shall be provided by other means.
g. All head-in parking spaces shall be 10' X 20' minimum.
h. The City will assume no responsibility for enforcement
of traffic control. Provisions satisfactory to
the City Attorney shall be made for private enforce-
ment of no parking requirements.
Minimum street widths shall be:
1) With parking both sides 36' curb to curb
2) With parking one side only 32' curb to c
3) Without parking 28' curb to curb
18. Portland cement sidewalks shall be provided to connect
each dwelling unit to major points of pedestrian attraction.
19. Separate screened facilities for trailers, boats and
campers shall be provided.
20. Full street improvements shall be installed on Monroe
Street within the subdivision.
21. The interior street shall be extended to the north near
lot. 48 to connect with the future E-W public street.
22. That provision be made for the future installation of
cable television as follows:
Page Five _ _
June 13, 1972 ^ .
Staff Report
a. Conduit and pull box?;-, shall be installed to serve
each dwelling as required by the City.
b. Each dwelling shall be designed to facilitate
future installation of signal cable.
23. A grading and drainage plan shall be approved by the City
Engineer prior to any grading.
JACK B. ARNOLD, City Manager
sll
Application for Adoption
of A Specific PI an
Applicant: Kamar Construction Co.
Date: 5-12-72
Property Ownerships
.Henson 11
.Swanger 12
.Sirns 13
•Gwynn 14
.Davis 15
.Bater 16
.Cuwar 17
8.Jennings 18
9.Dewhurstl9
.Ambrose 20
21
22
23
. Benson
. D a v i e s
.Cedo
.Berkowi tz
.Hopkins
.Vittitoe
•McDowell
.Eatallo.Machado
.Johnson
.Beeman
.Neiswender.Willard