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HomeMy WebLinkAboutCDP 96-02; ; 1999-0267885; Deed Restriction*,i ‘. .,. ^ I mc A 1999-0267885 / RECORDING ~~.IE~~ED BY AND RE’!XP,N TO: APR 21. 1999 2:58 P I City of Carlsbad CfFICIly REm 2075 Las Palms Dr. W DIEQI WLRlly RECWER’S OFFICE j ! Car&bad, C4 92009-1576 7270 GFEGCRY J. SHIM, CNW KCNDER FEES: 34.00 / 3 :l Attn: Don Neu t , I( 1: 1: 1: 14 -1: 1E li 1E 1S 2c 21 22 23 24 25 26 27 :OUR-r PAPER .7IT=Or*‘,,~.*,r .TD. 113 1°C”. *.,*I I /I 4 .i I j1 5 71 3/ 3/[ _ )/1 L 1 21, 5 ; ; I 5 I 1 r < II I( 2 I c ( f r t I DEED RESTRICTION /,c;. ,. / . . . I. .WHEREAS,~, o am ., c.. i :,;’ , hereinafter referred to as the “Owner(s),” is/are thti record owner(s) of the foliowing real proper‘ty: LOT 1 OF C.T. S-01 IN MF UtYOF TpRISQ-QlWY M YJN DTFM, CTATF OF TA1 TFWUA, 4cMIBDIffi TOW THERFOF NO. 17719 _ FIIED UlHF OFFTCF OF MF WFR M CAN i-llEo[LcouF Februarv 3 . 1999 2 xreinafter referred to as the “Property;!’ and II. WHEREAS, the City of Carlsbad , hereinafter referred :o as the : 1’ City” is acting on behalf of the Feople of the.State of California; and XI III. WHEREAS, the subject property is located within the coastal :one as defined in 530103 of Division 20 of the Califo,mia Public Resources :ode, hereinafter referred to as the “California Coastal Act of 1976,” :the Act); and IV. WHEREAS, pursuant to the Act, the Owner applied to the City ior a coastal development permit on the Property described above; alld v . irHEREAS, coastal development permit uumbrr~ hereinafter efecred to as the “Permit,” was granted on +ehu~y~ 18 , 19w bY ,he Commission in eccordance with the provision of City buncj~ Resolution ~0. 97-74 1 attached hereto as EXHIBIT A and herein incorporated bY s&K ,: 0 .: ” 1 I 1 1 1 1 1 1 21 2: 2: 2: 24 2: 26 27 3URT PAPER ‘.I* 0, CALIIO”“,. :n. II3 8°C”. a.,z, 1' reference; and I 7271 j 2 VI. WHEREAS, the Permit wea subject to the iems and conditions 3 ,i including, but not limited to, the following condi:ion(s): 4 5 6 7 8 9 3. Prior to the issuance of a building permit for the two 6,000 square foot restaurants on Lot 1 or the 90 unit hotel on Lot 2 the appbcant shall submit a copy of a deed restriction recorded against both lots specifying that any use conversions or restrictions that serve to be exclusionary shall require review through a local coastal program amendment and/or a separate coastal development permit pursuant to Policy 6-10 of the Mello II Segment of the City of Carlsbad Local Coastal Program. = VII. WHEREAS, the city found that but for the imposition of the above condition(s) the proposed development could not be found consistent with the provisions of the California Coastal Act of 1976 and that a permit could therefore not have been granted; and VIII. WHEREAS, Owner has elected to comply with the condition(s) imposed by the Permit and execute. this Deed Restriction so as to enable Owner to undertake the development authorized.by the Permit. I/ -2- 7272 .,‘1’ ,’ I j 1’ :I : ! : 5 ;I ! / i ; /I i i rj ; ; , I I j 4 E ‘E 7 8 9 I.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COUR.7 PAPER 1711x a, c.LW~.“,. sm. 113 IIC”. e.711 NOW, THEREFORE, in consideration of the granting of the Permit to the Owner by the City- ) the Owner hereby irrevocably covenants with the city that there be and hereby is created the following restrictions on the use and enjoyment of said Property, to be attached to and become a part of the deed to the property. 1. COVENANT, CONDITION AND RESTRICTION. The undersigned Owner, for himself/herself and for his/her heirs, assigns, and SUC&Ssacs in interest, covenants and agrees that: With respect to the Property, any use coversions or restrictims that serve to be exclusionary shall require review through a local coastal progmn mendrent and/or a separate coastal developwnt permit pursuant to Policy 6-10 of the Mel10 II Seqent of the City of Carlsbad Local Coastal Prqran. = 2. DURATION. Said Deed Restriction shall remain in full force and effect during the period that said permit, or any modification or amendmentahereof remains effective, and during the period that the- development authorized by the Permit or any modification of said development, remains in existence in or upon any part of, and thereby confers benefit upon, the Property described herein, and shall bind Owner and all his/her assigns or successors in interest. 3. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, $8, of the California Constitution; -3- 1 1 1: 1: 14 1: 1E 17 1E 1s 20 21 22 23 24 25 26 x 3"RT PAPER 1‘ '~ and b) $402.1 of the California Revenue and Taxation Code or successor 2 statute. Furthernore, this Deed Restriction shaL1 be deemed to constitute 3 : a servitude upon and burden to the Property within the meaning of 53712(d) 4 :I I 5 I! !I 6 j 1 7 .:; :I / a ;; I g ii ij O:! II 1 It 'iI jll Of the California Revenue and Taxation Code; or swcessor statute, which survives a sale of tax-deeded property. 4. RIGHT OF ENTRY. The ,-ity or its agent may enter onto the Property at times reasonably accep:able to the Owner to ascertain whether the use restrictions set forth above are being observed. 5. RXDIES. Any act, conveyance, cootract, or authorization b? the her whether written or oral which us%.% or vould cause to be used or would permit ose of the Property contrary to ihe terms of this Deed Restriction wiL1 be deemed a vioLatidn and a breach hereof. The City and the Gwoer may pursue any and all available L- agal and/or equitable rezuedies to enforce the terxs and conditions of this Deed Sastriction. In the event of a breach, any forbearance on the part of either party to enforce the terms and provisions hereof shall.not be deemed a xiver of enforcement rights regarding any subsequent breach. 6. SEVERABILITY. If any provision 0: these restrictions is held to be invaIid, or for any reason becomes unaoforceabZe, no other provision shall be thereby affected ok impaired. Dated: ..&LLnl4*~, 19fl SIGNED: CARLSBAD RANCH COMPANY, L.P., a California limited partnership By: Caritas Company. a California limited partnership Its: General Partner By: * * NOTARY ACXNOWLEDGXENT ON THE NEXT PAGE l * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 STATE OF CALIFORNIA COUNTY OF $&h &=c& u Oil before me, G/u'\y\h\-- hhbN& , A Notary Public personally appeared r/ C.C&yS , personally known to me < to be the personw whose nametr) is,4+e subscribed to the within instrument and acknowledged to me that he&h-&G+ executed the same in his- I ! 1 I I j j ’ i authorized capacityw, and that by his~W signature* on the instrument the personCpf, or the entity upon behalf of which the person&+ acted, executed the instrument. h 4ITNESS my hand and official seal. !I jignature jTATE OF CALIFORNIA :OUNTY OF 'ublic personally appeared nown to me (0 lerson(s) whos a 22; " I . 23/ ” lstrument the 7275 11 1: 1: 1: 14 1: lf 1: 1E 15 2c 21 22 23 24 25 26 27 1.: This is to certify that the deed restriction set forth above is hereby 2 I acknowledged by the undersigned on behalf of the City of 3 :: 4; !I 5 j! /I 611 :I 7 !' 11 ii Ji i] 1; / ? j, jl 3 j! k/ : j ! I 71 1-l $1 ;I I 'j I i 'I i E /, II 2 Carl&ad pursuant to authority conferred by the California Coastal Comnission when it granted Coastal Oevelopment Permit No. -92 on Februarv 18. 1997 and the City of Carlsbad consents to recordation therof by its duly authorized officer. Dated: April 19, 1999 STATE OF CALIFORNIA COUNTY OF San Diego In April 19, 1999 before me, Assistant City Clerk Karen R. Kundtz / * -@--I+ %b++c-personally appeared Claude A. Lewis, Mayor , personally% cnown to me v,, WI p) to be the IersonMwhose name&+ is/ape subscribed to the within instrument and lcknowledged to me that he/she&++ executed the same in his/e luthorized capacity++, and that by his&e&#&r signature(G on the instrument the person&+, or the entity upon behalf of which the person@+ acted, executed the instrument. IiTNESS my hand and official seal. ,ignature Assistant city Cle , City of Carlsbad -6 : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 16 17 1S 19 20 21 22 23 24 25 26 27 7s II EXHIBIT A CITY COUNCIL RESOLUTION NO. 97-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAIUSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT FOR A PROJECT CONTAINING 161 TIMESHARE UNITS, 90 HOTEL UNITS AND 3 RESTAURANTS WITH COMMON PARKING FACILITIES PROVIDING FOR AN 11 PERCENT PARKING REDUCTION ON 12.20 ACRES OF PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ARMADA DRIVE, NORTH OF PALOMAR AIRPORT ROAD WITHIN PLANNING AREA 3 OF THE CARLSBAD RANCH SPECIFIC PLAN AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: CARLSBAD RANCH HOTEL & TIMESHARE RESORT CASE NO.: CDP 96-02 7c7f3 WHEREAS, Grand Pacific Resorts “Developer” has filed a verified apphcation with the City of Carlsbad regarding property owned by the Carltas Company “Owner”, described as Lot 14 of Carlsbad Tract No. 92-7 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13215, tiled in the Oftice of the County Recorder of San Diego County on June 30,199s. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) “.A”- “1”’ dated September 18, 1996, on file in- the Planning Department, CDP 96-02 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the City Council did. on the 18th day of February , 1997, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS. at said public hearing, upon hearing and considering all testimony and arguments. if any, of all persons desiring to be heard. said Council considered all factors relating to CDP 36-02. : ‘, i. ‘. 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TV NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Councl o the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the City Council approves Coastal Development Permit, CDP 96-02, based on the following findings and subject to the following conditions: Findinos: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project is in compliance with relevant policies of the Mello II Segment of the Loca! Coastal Program, The Carlsbad Ranch Specific Plan which serves as partial implementation for the Mello II Segment for the project site, and the Coastal Resource Protection Overlay Zone. The project has been conditioned to record a deed restriction as required by Policy 6-10 of the Mello II Segment for the hotel and restaurant portions of the project specifying that any use conversions or restrictions that serve to be exclusionary shall require prior review through a local coastal program amendment and/or a separate coastal development permit. 2. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the project design includes a pedestrian promenade which will be open to the public and no existing public accessways affect the project site. 3. That the development conforms with any applicable decision pertinent to this proposal and for site as set by the Coastal Commission on a previously related appeals decision per Public Resources Code Section 30604(c), in that the project is not subject to any previously-related Coastal Commission appeals decision. _ 4. The project complies with the requirements of the CoastaI Resource Protection Overlay Zone as the project site has been graded pursuant to previous approvais and required drainage facitities are being installed, Site specific drainage improvements were required as conditions of approval for the other permits approved for the project. The limitations on when grading is permitted to occur in the Coastat Zone have been applied as conditions of this permit. . . . . . . . . . . . . ‘ ., . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: 1. The City Council does hereby APPROVE the Coastal Development Permit for the project entitled Carlsbad Ranch Hotel & Timeshare Resort (Exhibit(s) “A” - “V” dated September 18, 1996 on tile in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Coastal Development Permit document(s), as necessary, to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 7 -. All grading activity shall be prohibited behveen October 1st and April 1st of any year, or as otherwise allowed by the Mello II Local Coastal Plan. 3. Prior to the issuance of a building permit for the two 6,000 square foot restaurants on Lot 1 or the 90 unit hotel on Lot 2 the applicant shall submit a copy of a deed restriction recorded against both lots specifying that any use conversions or restrictions that serve to be exclusionary shall require review through a local coastat program amendment and/or a separate coastal development permit pursuant to Policy 6-10 of the Meilo II Segment of the City of Carlsbad Local Coastal Program. “NOTICE TO APPLICANT” “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6. which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or othei paper seeking judicial review must be filed in the appropriate court no later than the ninetieth day following the date on which this decision becomes tinal; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not latter than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk. City of Carlsbad. 1200 Carlsbad Village Drive, Carlsbad. California 92005.” EFFECTIVE DATE: This resolution shall be effective upon its adoption ~ .‘_. : . I 2 3 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,_ -, 7279 .’ PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 18th day of February 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, and Hall NOES: Council Member Nygaard ABSENT: NLXLe ATTEST: A&THA L+*A~EN@ANZ, City Clerk KAREN R. KUNDTZ, Assistant City Clerk (SEAL) -4.