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HomeMy WebLinkAbout1971-02-22; City Council; 360; SP/CT Denial for Loma Laguna PUD-44 units! ' THE CITY O F Agenda Bill No. 'Referred To: CARLSBAD,CALIF'ORNIA Da te:FEBRUARY 22., 1971 Subject: APPEAL - Planning Commi Specific Plan S Tentative Map f Planned Community Development for it-A Submitted By: Planning Dept. & " Commission - Statement of the Matter This development represents a portion of P-C zoned property, for which approval of the change in zone and a Master Plan was obtained in December 1969. The exhibits listed below present the background information, staff report and recommendation, Planning Commission action, and development plan for this matter. Also, the Planning Commission minutes for 12/9/69 and 2/9/71 document the two public hearings for subject property. Exhibit 1 - Application and Specific Plan (Maps) 2 - Prospectus for Loma Laguna homeowner's association 3 - Staff Report of 1/19/71, w /department sketch 4 - Commission Res. #689, denying application Staff Recommendations Uphold decision of Planning Commission and recommendation of City staff. • f' I/ / /'" : ;*'•1 L r~ "!"'•>,' BY C!TY COUNCIL1 r COPY AS NO,te •7077 City Manager's Recommendation - • (See Staff Report of 1/19/71, incorporating City Manager'-s recommendations and signed by him.) Council Action 3-2-71 The hearing was continued at the request of the Applicant. -2- EXHIBIT 1 o 1. Complete l\irt A,D,C .im/ D be 2. File,. Application h-ith City Planning Dc'pnr t/;ic/» t. 3. Filing Fee is $100.00, plus $2.00 for Ciich dwelling. Date 4. please make check payable tot CITY OF CARLSBAD Date of Hearing: 5. Information is to be Typewrit ten. ; rou A POP TUMI o * V~l ! /*" " I > P\ -^ f\ ' * * t^ "~\ - r'CIIY OF .CARLSBAD P/1RT -fl GENERAL IUFORNATION Kane of Applicant^BECRAH, INC. Applicant's Representative BEE CEE CO. Telephone 729-2554 Telephone 729-2554 Applicant's Mailing Address 3095 State Street, Carlsbad, Calif. iLocetion of Property by Street Kelly Drive at Park Drive, Carlsbad PART B LEGAL DESCRIPTION lAttach to this application, one(l) copy of a complete description of the {property•for which adoption of a Specific Plan is requested. Existing Zone P/C PART C APPLICATION Msster Plan Approved No I I Date Dec. 9, 1969 PART D \ . ' AfAP PREPARATION " _ Attach to this application, a Sepia and Twenty(20) Blusline 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 ffhich a Specific Plan is requested. (Those items as specified within the Planned Community Zone, Article 13.75 of Ordinance No. 9060, s-^all be indicated on such plan.) AFFIDAVIT OF CALIFORNIA) OF SAt! DIEGO) OF Carlsbad ) /SS/ ST COPY I,tK&), Allan 0. Kelly being duly sworn, depose and say that I the o:-/ner (s ) of XXKX£ (yyr all) of the property involved and this Application has been prepared in compliance with the requirements of the City flanning Commission as printed herein, and that the foregoing information does \horoughly and completely, to the best of my (our) ability, present an argument In behalf of the application herewith submitted and tha.t the statements and information above referred to are in all respects true and correct, to-the best }f my (our) knowledge and belief. \elephone Number 729-2554 ' ' Bailing Address day o/^ ^-^-^- , 1970 _ 3095 State Street _ \ubscribed and sworn to before me this Signed Filing Clerk or notary Publ i . Is to certify that the foregoing application haT' boon inspected h>j me and found to be complete and acceptable for filing with the Planning Coinmjssi ' *.J /~ ~~) i~* f*/Receit tlo. J+c/- ' J/ on City Planning 0 EXHIBIT %2 LACUNA INFORMATION ' - FOR PROSPECTIVE BUYERS LOMA LACUNA is a Planned Unit Development. Each home owner will receive a deed to his specific lot (approximately 28' x 45'), with a policy of title insurance, and one share of the LOMA LACUNA ASSOCIATION, INC. The LOMA LACUNA ASSOCIATION, INC., is a California corporation which will be owned by all the home owners in this development. Its purpose is to own, manage and maintain all the common area in this development. The Board of Directors will be responsible for: 1. Maintenance of all landscaped areas. 2. Maintenance of all roads and walks. 3. Maintenance of all exteriors of all units. 4» Maintenance of office-maintenance building and storage yard. 5. Collection of assessment fees and payment of obligations for services. 6. Furnishing utilities (gas, electric, water, trash) and collection 01* fees for same. 7. All other responsibilities stated in Corporation By-Laws and Articles of Incorporation. Each home owner will be entitled to one vote for each lot owned, at any corporation meeting'. Developer will be entitled to three votes for each unsold property — until such time as seventy-five percent of the properties have been sold -- or for a period of two years from the date of the first sale. A Board of Directors will be appointed to serve until one of the above conditions have been met, and then an election will be held to select a new Board of Directors, per the Articles of Incorporation for the LOMA LACUNA ASSOCIATION, INC. I c o - 2 - This development will be constructed in four increments. Each increment will be a seperate entity, however, the common area created in each successive unit shall be annexed to the preceding unit. When completed, the corporation will hold title to all common areas. Annexation of each successive unit will be accomplished per the Articles of Incorporation and By-Laws of LO:-SA LACUNA ASSOCIATION, INC. Assessments to each home owner by the corporation shall be per month. This assessment is for the express purpose of maintenance of common areas, and exterior maintenance, as mentioned previously. This assessment may be increased by no more than three percent per year. An increase in the assessment requires an affirmative vote of fifty-one percent of the voting membership, at a meeting called for this purpose. The corporation is authorized to enforce collection of this assessment by any lawful means including foreclosure of a lien placed on the property. The developer will install all landscaping, sprinkling systems, roadways, walks, etc., and turn the finished product over to the LOMA LACUNA ASSOCIATION, INC. He will also provide a completed building which will provide a corporation office, maintenance building and storage yard. These improvements will also be turned over to the corporation.. The corporation will be responsible for the exterior upkeep of all buildings. Such maintenance as is needed in order to maintain a first class appearance at all times, will be accomplished at the discretion of the Board of Directors. Home owners will be responsible for all maintenance within the fenced portion of his yard, and all interior maintenance. The developer will supply each home owner with a complete set of corpor- ation Articles of Incorporation, By-Laws and a set of Covenants and Restrictions for this development, at the time of sale. The development corporation is "BECRAH, INC." located at 3095 State Street, Carlsbad, California. DECLARATION OF COVENANTS, CONDITONS AND RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth by BECRAH, IKC hereinafter referred to as "Declarant". ; WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Carlsbad, County of San Diego, State of California, which is more particularly described as: All that common area per the attached legal description including Lots 1 through 44 of LOMA LACUNA, in.the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. filed in the Office of the County Recorder of San Diego County on NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following ease- ments, restrictions, covenants, and conditions, which are for the purpose of pro- tecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. WITNESSETH: That the said Declarant does hereby certify and declare that it has established and does hereby establish the general plan for the protection of all of said real property, and has fixed and does hereby fix the protective conditions and restrictions upon which and subject to which all of said real property shall be held, leased, sold and/or conveyed by said Declarant which conditions and restrict- ions are for the benefit of all said real property, and shall inure to and pass with all of said real property and each and every part thereof shall apply to and bind the respective successors in interest of the present Declarant thereof, as follows, to-Wit: PART A. RESIDENTIAL LOT COVENANTS A-l LAND USE AND BUILDING TYPE. Each of Lots 1 through 44 inclusive shall constitute a residential unit and shall be used only for single family private residential purposes and no building other than one single, private first-class dwelling (with customary outbuildings) shall ever be erected, placed, permitted on any of said units. A-2 DWELLING SIZE. That no residence shall be erected, constructed, placed or permitted on any unit or portion thereof which shall contain less than 900 square feet. The area of an included garage shall not be used to make up the minimum floor area. A-3 NUISANCES. No noxious or offensive activity shall be carried on upon any unit, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. A-4 LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any unit, except that dogs, cats, or other household pets, not to exceed two in the aggregate, may be kept provided that they are not kept, bred, or maintained for any commercial purpose. A-5 DRAINAGE.. That each Owner of a unit in said tract will not in any way interfere with the established drainage pattern over his unit from adjoining ^-J> or other units in said tract,*c-t that he will make adequate provisions for proper drainage in the event it is necessary to change the established drainage over his unit. For the purposes thereof, "established" drainage is defined as the drainage which occurred at the time the overall grading of said tract, including ~§k$t-*fU<the landscaping of each unit in said tract, was completed by the undersigned Gr-cmlorr PART B. COMXON AREA COVENANTS B-l OFFICE-yAINTENANCE AREA. An office and storage facilities shall *»« constructed for the use and benefit of the LOMA LACUNA ASSOCIATION, INC.. This a shall be used for storage of maintenance supplies and equipment used or owned *i the Association, and as offices of the Association for transaction of Association *-2 INSURANCE. The Association shall keep these facilities, all fixtures r I and personal property thereon and any interest in any common wall, fence or common space insured for the benefit of the Association, in any amount which shall be equal to their maximum insurable replacement value, against loss or damage by fire and hazards covered by a standard extended coverage endorsment, and shall likewise main- tain public liability and property damage in an amount to be determined by the Board, but in no event shall bodily injury liability be less than $100.000.00 for each person, and $300.000.00 for each occurance, and property damage liability $25,000.00. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to LOMA LACUNA ASSOCIATION, INC., its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, or a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property thereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area!1 shall mean all real property owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is de- scribed as follows: , (a) -The- o-ffice-and maintenance storage. LoT X All that area within -'the subdivision boundaries whichis not-'Specifically I / l/\ / \ / \S ^ ^' ^ ^~deeded with a Lot to an individual owneri Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. Section 6. "Declarant" shall mean and refer to BECRAH, INC., its successors and assigns if such successors or assigns should acquire more than one undeveloped <>ii*^^ i Lot from the Declarant for the purpose of development. ARTICLE II PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment. Every owner shall have right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable maintenance and other fees for the upkeep of any facility situated upon the Common Area; (b) the right of the Association to suspend the voting rights of an owner for any period during which any assessment against.his Lot remains unpaid; and' for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such pur- poses and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds\ (2/3) of each class of members agreeing to -such dedication or transfer has been recorded. : Section 2. Delegation of Use. Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. The Association shall have two classes of voting membership: Class A. Class A members-shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B member- ship shall cease and be converted to Class. A membership on the happen- ing of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) ARTICLE IV EXTERIOR MAINTENANCE In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each Lot which is subject to assessment hereunder, as follows: paint, repair, replace and care for roofs, gutters and downspouts, exterior building surfaces, trees, shrubs, grass, walks, and other exterior improve- ments. Such exterior maintenance shall not include glass surfaces. In the event that the need for maintenance or repair is caused through the willful or negligent act of the Owner, his family, or guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Lot is subject. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligations of Assessments. The Declarant, for each Lot owned within the properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improve-* °*nt8, such assessments to be established and collected as hereinafter provided. * •* annual and special assessments, together with interest, costs, and reasonable * orney 8 foes^ 8hall be a charge on the land and shall be a <• tinuing lien upon the property against which each such assessment is made. Each suc,h assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Assoc- iation shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area, and of the homes situated upon the Properties. Section 3. Maximum Annual Assessments. Until of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be One Hundred EightyDollars ($180.00) per Lot. (a) From and after . of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than three (3) percent above the maximum assessment for the previous year without a vote of the membership. (b) From and after of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above three (3) percent by a vote or written assent of fity-one (51) percent of each class of members who'are votingin person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. ' Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year a.special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replace- ment of capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the vote or vr Cn assent of fifty-one (51) percent of each class of members who are voting in o in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Any action authorized under Sections 3 and 4 shall be taken at a meeting called for that purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. If the proposed action is favored by a majority of the votes cast at such a meeting, but such vote is less than the requisite fifty-one (51) percent of each class of members, members who were not present in person or by proxy may give their assent in writing, provided the same is obtained by the appropriate officers of the Association not later than thirty (30) days from the date of such meeting. Section 6. Uniform Rate of Assessment. Both annual and special assess- ments must be fixed at a uniform rate for all Lots and may be collected on a month- ly basis. Section 7. Date of Commencement of Annual Assessments; Due Dates. The annual assessment provided for herein shall commence as to all Lots on the first day of the month following the'conveyance of the Common Area. The first annual assess- ment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and f.or a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Section 8. Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date bear interest from the due date at the rate of seven (7) percent per annum. Association may bring an action at law against the Owner personally obligated to pay the Same, or foreclose the lien against the property. Ko Owner may waive , or ot^erwise escape liability for the assessments provided for herein by non-use of the Coscon Area or abandonment of his Lot. c o Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. * '-• ARTICLE VI : ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VII GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the pro- visions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restrictionherein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by Judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. r Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time, they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended by an instru- ment signed by not less than seventy-five (75) percent of the Lot Owners. Any amend- ment must be recorded. Section 4. Annexation. Additional land within the area described in Deed Book , Page , of the land records of LOMA LACUNA may be annexed by the Declarant without the consent of members within seven (7) years of the date of this instrument provided that the Federal Housing Administration and Veterans Administration determine that the annexation is in accord with the general plan heretofore approved by them. Section 5. FHA/VA Approval. As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of additional properties, dedication of Common Area, and amendment of this Declaration of Covenants , Conditions, and Restrictions. ARTICLE VIII « PARTY WALLS Each wall which is built as part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of the Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. If a party wall is destroyed or damaged by fire or other casulty, any Owner who has use to the wall may restore it, and if the other Owner thereafter 'taake use of the wall, they shall contribute to the cost of restoration thereof in Proportion to such use without prejudice, however, to- the right of any such Owners to ca for a larger contribution .from the others under any rule of law regarding liability for negligent or willful acts or omissions. Not withstanding any other provision of this Article, an Owner who by his negligent or willful act causes the .party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. In the event of any dispute arising concerning aparty wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. ARTICLE IX MAINTENANCE AND REPAIR AGREEMENT \ \ The maintenance and repair on any common wall, structure or roof shall \ \ be the mutual responsibility of the Owners adjoining such common wall, structure or roof and easement is hereby created for such purpose. . • . IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this _________ day of . BECRAH, INC. Declarant By; By; r o BY-LAWS OF LOMA LACUNA ASSOCIATION, INC. ARTICLE I NAME AKD LOCATION. The name of the corporation is LOMA LACUNA ASSOCIATION, INC., hereinafter referred to as the "Association". The principal office of the corporation shall be located at 3095 State Street, Carlsbad, Calif- ornia, but meetings of members and directors may be held at such places within the State of California, County of San Diego, as may be designated by the Board of Directors. ARTICLE II DEFINITIONS " Section 1. "Association" shall mean and refer to LOMA LACUNA ASSOCIATION, INC., its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Assoc- iation. < Section 3. "Common Area" shall mean all real property owned by the Associa- tion for the common use and enjoyment of the Owners. Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to BECRAH, INC., its successors and assigns if euch successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. Section 7. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the Office of the County Recorder of San Diego County. o - 2- Sectton 8. "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration. ARTICLE III . MEETING OF MEMBERS Section 1. Annual Meetings. The first annual meeting of the members shall be held within one year from the date of incorporation of the Association or not later than thirty (30) days after fifty-one (51) percent of the lots have been sold, whichever occurs first. Subsequent regular annual meetings of the members shall be held on the same day of the same month of each year thereafter, at the hour of 7:00 o'clock p.m. If the day for the annual meeting of the members is a legal holiday,.the meeting will be held at the same hour on the first day following which is not a legal holiday. Section 2. Special Meetings. Special meetings of the members may be called at any time by the president or by the Board of Directors, or upon written; request of the members who are entitled to vote one-fourth (1/4) of all the votes of the Class A membership. : Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least fifteen (15) but not more than thirty (30) days before such meeting to each member entitled to vote thereat, addressed to the member's address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of the special meeting, the purpose of the meeting. .Section 4. Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, fifty-one (51) percent of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If, however, such quorum shall not be present or represented at any meeting, the members •entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented.r Section 5. Proxies. At all meeting of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot. • ' ARTICLE IV BOARD OF DIRECTORS: SELECTIONS: TERM OF OFFICE Section 1. Number. The affairs of this Association shall be managed by a Board of five (5)-directors, who need not be members of the Association. Section 2. Term of Office. At the first annual meeting the members shall elect two directors for a term of one year, two directors for a term of two years and one director for a term of three years; and at each annual meeting thereafter the members shall elect directors for a term of three years. Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. Section 4. Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expe.nses incurred in the performance of his duties. Section 5. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. I ARTICLE V NOMINATION AND ELECTION OF DIRECTORS Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each '• annual meeting. The Nominating Committee shall make.as many nominations for election to the Board of Directors as' it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non-members. . ' • Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is permitted. ARTICLE VI MEETINGS OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held monthly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal . holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two direct- ors, after not less than three (3) days notice to each director. Section -3, Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. , - ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. Powers. The Board of Directors shall have power to: (a) adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the : members and their guests thereon, and to establish penalties for the infraction thereof; (b) suspend the voting rights and right to use:of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such o rights may also be suspended after notice and hearing, for a period not to exceed thirty (30) days for infraction of published rules and regulations; (c) exercise for the Association all powers duties, and authority vested in or delegated to this Association and not reserved to the Member- ship by other provisions of these By-Laws, the Articles of Incorporation, of the Declaration; (d) declare the office of amember of the Board of Directors to be vacant in the event such member shall be. absent from three (3) consecutive . regular meetings of the Board of Directors; and (e) employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. Section 2. Duties. It shall be the duty of the Board of Directors to; (a) cause to be kept a complete record all its acts and corporate affairs and to present a statement thereof to the members at the annual meetings of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) .'of the Class A members who are entitled to vote; (b) supervise all officers, agents and employees of this Association and to see that their duties are properly performed; (c) as more fully provided in the Declaration, to: (1) fix the amount of the annual assessment against each Lot at ;. it t least thirty (30) days in advance of each annual assessment period; (2) send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; and (3) foreclose the lien against any property for which assess- ments are not paid within thirty (30) days after due date or to bring an action at law against the Owner personally obligated to pay same. (d) issue, or to cause an appropriate office to issue, upon demand 'by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be niade by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, w such certificate shall be conclusive evidence of such payment; (e) procure and maintain adequate liability and hazard insurance on property owned by the Association; (f) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; (g) cause the Common Area to be maintained; (h) cause the exterior of the dwellings to be maintained. ARTICLE VIII OFFICERS AND THEIR DUTIES Section 1, Enumeration of Offices. The officers of this Association shall be a president and vice-president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members. Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one year,unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve. Section 4. Special Appointment. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for . suchperiod, have such authority, and perform such duties as the Board may, from . time to time, determine. : Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptanceof such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled by apppint- ment by the Board. The officer appointed to such vacancy shall serve for the re- mainder of the term of the officer he replaces. Ff - 7 - * •i Section 7^. Multiple Offices. The offices'of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special office created .pursuant to Section A of this Article. Section 8. Duties. The duties of the officers are as follows: President (a) The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes. Vice-President , i (b) The vice-president shall act in the place and stead of the i' president in the event ofhis absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. Secretary (c) The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board. Treasurer - (d) The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be represented to the membership at its regular annual meeting, and deliver a copy of each to the members. r - 8 - ARTICLE IX COMMITTEES ' '' The Association shall appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these By-Laws. In addition, the Board of Directors shall appoint other committees as deemed appro- priate in carrying out its purpose. ARTICLE X . BOOKS AND RECORDS The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the By-Laws of the Association shall be available for inspection by any member at the principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE XI ASSESSMENTS As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special assessments which are secured by a con- tinuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within . thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of seven (7) percent per annum, and the Association may bring an action at -law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot. ARTICLE XII CORPORATE SEAL Association shall have a seal in circular form having within its cir- cumference the words: "LOXA. LACUNA ASSOCIATION, INC., California incorporated . _ . ___ _ __ _ " (date of incorporation) r - 9 - ARTICLE XIII 'AMENDMENTS Section 1. These By-Laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy, except that the Federal Housing Administration or the Veterans Adminis- tration shall have the right to veto amendments while there is a Class B membership. Section 2. In the case of any conflict between the Articles of Incorpor- ation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control. ARTICLE XIV I MISCELLANEOUS The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December every year, except that the first fiscal year shall begin on the date of incorporation. IN WITNESS WHEREOF, we, being all of the directors of the LOMA LACUNA ASSOCIATION, INC., have hereunto set our hands this day of 19 r PLANNING COMMISSION RESOLUTION NO. 689 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD RECOMMENDING DENIAL OF A SPECIFIC PLAN AND A 1 TENTATIVE MAP FOR UNIT~A(44 UNITS} OF LOMA LACUNA, A PLANNED COMMUNITY 2" 3 WHEREAS, the Planning Commission did on January 26, 1971, hold 4 a duly noticed public hearing to consider recommending the Specific 5 Plan and Tentative Map for Unit-A, of Loma Laguna, a Planned 6 Community, as requested by BECRAH, INC., Daveloper,and ALLAN O. KELLY Property Owner, on land located South of El Camlno Real and East of the Southerly terminus of Kelly Drive, on the following described property: That portion of Lit I, Rancho Agua Hedionda Hap 823, in the City of Carlsbad, County of San Diego, State of California, being portions of Parcel 29, Book 207, Page 10 of the Assessor's Map for San Diego County, more particularly described in application on file in the City Planning Office. 1 -z•*•*' I A copy of subject Specific Plan and Tentative Map Is attached •*- i hereto and designated as follows: 1 5 1. Exhibit A: "Tentative Map and Specific Plan of Loma Laguna, - - Unit-A, a Planned Community, dated November 1970, as prepared by Rancho Santa Fe Engineering Company. 17 2. Exhibit B: Exterior Elevations, Perspective and Cross-section .„ of Development, all on five(5) streets, and as prepared by Becrah, Inc.(Bee Cee Company,Carlsbad.) 19 WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to &JL be heard, said Commission considered all factors relating to the adoption of said plans, and found the following facts and reasons to existt 1. Subject Specific Plan does not conform with that section of The Housing Element of the General Plan, entitled "Urban Expansion", Page 40 2. ' An insensitive treatnent of existing topographical conditions is evident.I 28 3. The architectural plans proposed are not compatible with adjacent residential uses. 4. The adoption of subject Specific Plan la not In the best Interests of the general neighborhood, or the City of Carlsbad, XX 32 XX XX xx 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 29 30 51 32 Q ATCW, THEREFORE, BE IT RESOLVED by the Planning Connissipn of the City of Carlsbad that it does hereby rocomaend denial of the subject Specific Plan and Tentative Map, being Exhibits "A" and "B" for subject property. PASSED, APPROVED AHD ADOPTED at a regular meeting of the Carlsbad City Planning Commission, held on the 26th day of January, 1971, by the following vote, to vitt AYES' Commissioners Dominguez, Dewhurst, Jose, Fornan, Palraatcer, and Little NOES: None ABSENTt Commissioner Bermsen. ROBERT T. LITTLE, Chairman ATTEST. JACK L. FORMAN, Secretary i I 0 RESOLUTION NO. 1827 4 5 6J 81 Q! 10 Hi 14 15 i 16 I 17 18 19 20 21i 22! 231 24 Ii 25! 26 !i.1 2?!i 28J i 29; 301 3l| 32! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD GRANTING/DENYING APPEAL OF DECISION OF PLANNING COMMISSION REGARDING Specific Plan and Tentative Map for LOMA LAGUNA. U n i t-A P Tanned Community Development tor 44 Units. The City Council of the City of Carlsbad does hereby resolve as follows: 1. Appellant BECRAH, Inc. \ appealed to the City Council the action of the Planning Commission regarding his herein mentioned application - Planning Commission Resolution No. 689 . 2. All steps required by law in connection with said applica- tion and appeal have been complied with. 3. Said appeal and application are granted/denied and the following action in regard thereto is' taken: 4. In the opinion of the City Council the following facts and reasons make the granting or denial of said application neces- sary to carry out the general purpose of Ordinance No. 9060 as amended: • 5. Said action regarding said application is made subject to the following conditions and limitations: ' PASSED, APPROVED, AND ADOPTED at a. meeting of the City Council of the City of Carlsbad, California, held 1971, by the following vote, to wit: 3; AYES: 4| NOES: 5; ABSENT: 6 7 ATTEST: 8- 9Jii 10! 11 12 13 i 14! 15 16 17 18 19 20 21 i 22! 23 ii 24! 25; 26! 27 j 28; 29 30! 31! 32 c DAVID M. DUNNE, Mayor MARGARET E. ADAMS, City Clerk