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HomeMy WebLinkAbout1981-05-19; City Council; 6602; 80 unit tentative map & condominium conversionf AGENDA BILL INITIAL: BH:LS AGENDA BILL NO: 6 & 0 £. _ DEPT. HD. DATE: MAY 19, 1981 CTY. ATTY. V/7TJ DEPARTMENT: PLANNING CTY. SUBJECT: CT 81-3/CP-149 - MOLA DEVELOPMENT CORPORATION: 80 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM CONVERSION PERMIT STATEMENT OF THE MATTER: This item is a request for approval of a tentative tract map and condominium permit to convert 80 existing apartment units to condominiums located on the east side of El Camino Real, south of Swallow Lane in the RD-M(Q) Zone. The Planning Commission is recommending approval of this project because they found that it meets the design criteria and development standards of the Condominium Ordinance. Also, the projects proposed density of 14.18 dwelling units per acre could be justified because of the additional recreational and landscaping ameni- ties being added to the project and because the applicant has agreed to sell the units within an affordable price range ($50,000 to $90,000). The price restric- tion would be enforced by deed restriction and is a condition of approval of the attached resolution. Staff had originally recommended denial to the Planning Commission, however, staff reversed this recommendation to one of approval after the applicant pro- posed the considerable amount of modifications as described above. Staff is satisfied that the project will provide the desired amenities for a condominium, and at the same time, provide affordable housing opportunities. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. FISCAL IMPACT The applicant is required to provide all necessary public improvements for this project. Also, the applicant has agreed to pay a public facility fee to offset the costs for providing public services to the project. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is categorically exempt from environmental review pursuant to Section 19.04.070(a)(18) of the Carlsbad Environmental Ordinance. RECOMMENDATION Both the Planning staff and Planning Commission recommend that this application be APPROVED and that the City Attorney be directed to prepare documents APPROV- ING CT 81-3/CP-149 per Planning Commission Resolution No. 1787. ATTACHMENTS 1. Planning Commission Resolution No. 1787 2. Staff Report, dated April 22, 1981 AGENDA. BILL NO. 6602 May 19, 1981 Page 2 Council Action: 5-19-81 Council directed the City Attorney to prepare documents approving CT 81-3/ CP-149, per Planning Commission Resolution No. 1787. 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 PLANNING COMMISSION RESOLUTION NO. 1787 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR AN 80 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM CONVERSION ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL SOUTH OF SWALLOW LANE. APPLICANT: MOLA DEVELOPMENT CORPORATION CASE NO; CT 81-3/CP-149 WHEREAS, a verified application for certain property to, wit: A portion of the' west half of the northeast quarter of Section 26, Township 12 South, Range 4 west, San Bernardino Meridian in the County of San Diego. has been filed with the city of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 25th day of March, 1981, hold a duly noticed public hearing and continued public hearing on April 8th and April 22, 1981, 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 Commission considered all factors relating to the Tentative Tract Map and Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 81-3/CP-149, based on ,t;he following findings and subject to the following conditions: Findings: 1) The project is consistent with the city's General Plan since the 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 2) proposed density of 14.8 du's/acre is within the density range of 10-20 du's/acre specified for the site as indicated on the Land Use Element of the General Plan and can be justified fol the reasons stated in the staff report. Also, as conditioned, tfi< project is consistent with all other elements of the General Plan. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed and still meet all of the requirements of the Condominium Ordinance. 3) The project is consistent with all city public facility policies and ordinances since:/ a. School facilities will be provided by the Carlsbad School District. b. Park-in-lieu fees are required as a condition of approval. c. All necessary public improvements have been provided or wil be required as conditions of approval. d. The applicant has agreed and is required by the inclusion o an appropriate condition, to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 4) The proposed project is compatible with the surrounding land uses since the properties to the north and south have approved tentative maps and condominium permits for similar projects, while the properties to the east and west have been designated for residential development. 5) The Planning Director has determined that this project is categorically exempt from environmental review according to Section 19.04.070(a) (18) of the Carlsbad Environmental Ordinance 6) That the applicant has given or will give notice specified in th Subdivision Map Act and the Carlsbad Municipal Code of the proposed conversion and right to purchase to the tenants of the project. Conditions 1) Approval is granted for CT 81-3/CP-149, as shown on Exhibits "A" - "I" dated, April 15, 1981, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these ,-, -f conditions. 2) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City ;PC RESO £1787 -2- 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 c Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated "herein by reference, and according t the agreement executed by the applicant for payment of said fee copy of that agreement dated February 9, 1981, is on file with the City Clerk and incorporated herein by reference. If said fe is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. 3) The applicant shall give notice of the conversion to all tenants as required by the Subdivision Map Act and the Carlsbad Municipa Code. 4) The applicant shall pay park—in-lieu fees to the city prior to the approval of the final map as required by Chapter 20.44 of th Carlsbad Municipal Code. Planning Department 5) The applicant shall prepare a reproducible mylar of the final condominium site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by th Planning Director prior to final map approval. This plan shall not exceed 24" x 36" in size. 6) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to final map approval. Special attention shall b given to the areas along El Camino Real and around the internal street system to ensure proper screening and buffering. 7) The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Department prior to final map approval. Any future amendments t > the CC&R's shall be approved by the Planning Director. 8) Any signs proposed for this development shall be designed in conformance with the city's Sign Ordinance and shall require review and approval of the Planning Department prior to installation of such signs. 9) All landscaped areas shall be maintained in a healthy and thriving condition, free from, weeds, trash, and debris. 10) Trash receptacle areas shall be enclosed by a 6 foot high masonr wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Planning Director. 11) All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfactic of the Planning Department and Building Director. v PC RESO £1787 -3- 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 12) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. 13) Concrete wheel stops shall be provided two and one-half feet the end of each parking stall. 14) Prior to final map approval the applicant shall receive approval of an adjustment plat changing the eastern boundary of the project to provide for the proposed parking in this area. 15) Prior to final map approval the applicant shall complete all modifications to the project as shown on Exhibits "A"—"I", dated April 15, 1981. 16) Prior to final map approval the applicant shall install automatic garage door openers to all of the garages. 17) 18) The applicant shall modify the existing garages by adding dividing walls and storage shelves pursuant to the approved plans prior to final map approval. The units within this project shall be subject to the following restrictions: a. Prices to persons residing in West Bluff prior to February 24, 1981 shall be as follows: Plan A Plan B Plan C Plan D $49,000 $55,000 $66,000 $64,000 b.The price range of the unoccupied units and those not sold to residents shall range from $50,000 to $90,000. This restriction shall apply for one year from the date of sale of each unit. During this year period, unit resale prices shall not increase at a higher rate than the average rate of price increases for San*Diego County as determined the California World Title Company's Housing Summary for th calendar quarter during which the unit is sold. c. All units shall only be sold to persons who will reside in the unit for a minimum of one year. The applicant shall implement this condition by deed restriction acceptable to the City Attorney and Planning Director prior to final map approval. III! PC RESO #1787 .4- 19) The applicant shall submit a revised tentative map showing all of the latest proposed revisions to the site and incorporating the conditions contained herein which shall be subject to the City Engineer's approval prior to final map approval. This tentative map shall also show the quantities of cut and fill required to complete these revisions 20) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 21) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 8 22) The grading for this project is defined as "regular grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which shall 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Engineering include all required drainage structures and any required erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. 23) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of th affected properties. 24) The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map. The structural section of all private streets shall conform to city of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the city and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map. 25) All private streets and drainage systems shall be maintained by the homeowner's association. This responsibility shall be clearly stated in the CC&R's. ff Parks and Recreation Department 26) The applicant shall landscape the portion of the El Camino Real median divider adjacent to the site to the satisfaction of the Parks and Recreation Department prior to final map approval. PC RESO $1787 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 17 18 19 20 21 22 23 24 25 26 27 28 I, PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 22nd day of April, 1981, by the following vote, to wits AYES: Chairman Marcus, Commissioners Rombotis, Jose, Farrow, Schlehuber, and L'Eeureux. NOES: None. ABSENT: Commissioner Friestedt ABSTAIN: None. MARY MARGtfB, Chairman CARLSBAD/ PLANNING COMMISSION ATTEST: JAMES C. HAe-AMAin Secretary CARLSBAD PLANNING/COMMISSION PC RESO £1787 -6- c STAFF REPORT DATE: - April 22, 1981 TO: Planning Commission FROM: Planning Department SUBJECT: CT 81-3/CP-149 - MOLA DEVELOPMENT CORPORATION - Request for an 80 unit tentative tract map and condominium permit to convert an existing apartment project to condominium's on- the east side of El Camino Real, south of Swallow Lane in the RD-M(Q) zone. Continued from the Planning Commission meeting of March 25, 1981. I.PROJECT DESCRIPTION AND PAST HISTORY The applicant is proposing to convert an existing 80 unit apartment complex to condominiums located as described above. The project consists of ten buildings each containing eight dwelling units. A swimming pool and Jacuzzi are located in the southern half of the project. The project is located on a triangular shaped parcel with approximately 880 feet of frontage on El Camino- Real and an area of 5.64 acres. The density of the project is 14.18 dwelling units per acre which is in conformonce with the General Plan designation of 10-20 du/acre. • A request to convert these apartments to condominiums was previously brought before the Planning Commission on May 23, 1979. At that time the Commission recommended denial of the request because the project did not meet the design criteria or development standards of the condominium ordinance. On June 19, 1979, this item was heard before the City Council which concurred with the Planning Commission's recommendation and denied the request for conversion. As the Commission will recall the applicant requested that this item be continued from the Planning Commission meeting of March 25th to the meeting of April 8th. At the Planning Commission meeting of April 8th, the applicant requested an additional two week extension to allow time to work with staff and to further revise the proposed conversison plan. Since that time the applicant has worked closely with staff to revise the proposed conversion in an attempt to conform with the development standards and design criteria of the condominium ordinance. II. ANALYSIS 1. Does the proposed conversion conform with the development standards of the condominium ordinance? 2. Does the proposed conversion conform with the design criteria of the condominium ordinance. III. DISCUSSION A) Design Criteria As the Commission will recall staff felt that the previously proposed plan did not comply with the design criteria of the condominium ordinance. •. The applicant has attempted to redesign the proposed conversion in order to mitigate these concerns. Additional landscaping will be added along El Camino Real in an attempt to further buffer the project from noise generated by traffic on El Camino Real. It should be noted that the buildings closest to El Camino Real are setback 50 feet from the street which was originally done when the project was constructed based upon the recommendation of an acoustical engineer. As shown on Exhibits "D" and "E", the applicant proposes to provide five foot high wood fences around the A and B units to provide a usable private area. The owners of the units will be able to put in a concrete patio, wood deck or to landscape this area as they so desire. As shown on Exhibit F, both the C and D units will have second story decks. Staff also had concerns about the way the driveways intruded between the buildings and had to be crossed by pedestrian residents to reach the recreation sites. In an attempt to mitigate this problem, the applicant"has proposed two additional stairways to connect the various levels of this project. These stairways will greatly facilitate pedestrian access from one portion of the project to another. The applicant also proposes to place terra cotta stamped concrete across the driveways in all the locations where an existing 'sidewalk approaches a driveway. This addition should add a sense of continuity to the existing sidewalk system and tend to alert motorists that they are crossing an area .utilized by pedestrians. Staff also had concerns about the dominance of the internal street system in this project. The applicant has attempted to break up the dominance of the internal street system by adding terra cotta stamped concrete at five locations. The applicant has also agreed to heavily landscape the areas around the internal street system in an attempt to further reduce its dominance. -2- The applicant has .moved the proposed recreation area from the north side of Swallow. Lane to the south side of Swallow Lane in an attempt to make it more accessible to the residents of the project. This move will also provide for a larger recreation area. The existing parking that is located in this area will be relocated to the easterly edge of the property adjacent to the other parking spaces that are proposed in the San Diego Gas and Electric easement. The area to the north of Swallow Lane will be heavily landscaped to provide an attractive entrance to this project and the applicant's previously approved project to the east of these units. Other than actually -removing or realigning the existing buildings there is a little more the applicant could do to further improve the design of this project. As illustrated by the attached exhibits, staff feels that the applicant has spent considerable effort in redesigning the proposed, conversion in an attempt to come up with a more comprehensively designed project. Staff feels that the proposed conversion plan is a significant improvement over the previously submitted plan and could be considered to be in conformance with the design criteria of the condominium ordinance. B) Development Standards When the Commission first considered this project one of the major concerns was the lack of parking. In an attempt to remedy this situation the applicant has proposed to add a significant number of parking spaces along the easterly and southerly edges of the property. Thirty-three of these parking spaces will be located in a San Diego Gas and Electric easement. Staff has concerns over the possibility that this permission to park within an easement could be revoked. However, the applicant has supplied a letter dated April .15, 1981, from San Diego Gas and Electric concerning this matter. This letter states "To the best knowledge of currently employed persons in SDG&E's Land Department, which experience goes back 21 years, SDG&E has never revoked such permission once granted." As mentioned in the previous report the Open Space and the Parks and Recreation Element of the General Plan make reference to large utility corridors as open space resources. Staff still has concerns over whether this would include their utilization for parking purposes. However, the proposed parking in this utility corridor will fulfill the condominium ordinance1s .parking requirement and provide for a more comprehensively designed project. The applicant has also removed some of the more difficult to enter parking spaces and replaced them with more accessible spaces. The three existing tandem parking spaces located in the -3- southwest portion -of the project will remain, but will not be counted towards fulfilling the parking requirements of this project. All of the open parking spaces located within five feet of a building have been removed. The applicant has also proposed to widen the access road surrounding the property to 30 feet to provide for safer, easier access. As mentioned in the previous report the condominium ordinance requires that parking structures with entrances at right angles to private streets be setback twenty-five feet. A portion of two of the southerly buildings still do not meet this requirement. The applicant states that this is due to the fact that the city requir'ed a cul-de-sac to be constructed at the northern terminus of the Sandpiper Place. If this cul-de-sac did not exist he feels this problem could be resolved. The applicant has redesigned the common and private recreation areas to provide the 200 square foot minimum required by the condominium ordinance. There will be two major common recreation areas; the existing one which consists of a swimming pool, Jacuzzi; and barbeque area and a new one located in the northern portion of the property which will be centered around a volley ball court. The applicant has indicated that the volley ball court will be surrounded by a dense screen of" eucalyptus trees to keep the balls from rolling into Swallow Lane or El Camino Real. Six barbeque areas will be added at various locations within the project. The proposed wood fences around the A and B units will provide some needed private recreation area. 'Each of the 20 "C" units will have a deck with a minimum dimension of 7.5" , while the "D" units will have smaller decks. At .the present time all of the garages are doubles which are shared by two different individuals. The applicant has proposed to install separating walls down the middle of the garages so that everyone will have th'eir own garage. The applicant has also proposed to add above the hood storage shelves in the garage. Each of the residents will also be provided with a storage cabinet located at the end of his building. Between these two areas each of the residents will have a storage area of at least 480 cubic feet. The Commission should also be aware that this will probably be the most affordable housing in the La Costa area. As shown by the applicant's letter of April 13, 1980, the prices to persons residing in the project prior to February 24, 1981, will range from $49,900 -to $66,000. The applicant claims that this is a . firm commitment that can not be changed. Mr. Mola has also indicated that the unoccupied units and those not sold to residents will range in price from*the upper $50,000"s to upper $80,000's. This letter also indicated that the applicant will attempt to control speculators by requiring that all owners reside in their units. -4-. As the Coinmission can see from examining the exhibits and reviewing this staff report, the applicant is willing to make significant changes in this project in order to make it conform with the design'criteria and development standards of the condominium ordinance. The Commission will also note that the proposed project is a significant improvement over the previously submitted plans. Based on the proposed changes and the applicant1s willingness to attempt to provide reasonably priced housing in La Costa, the staff feels that it can now recommend approval of this proposed conversion. IV. ENVIRONMENTAL REVIEW * The Planning Director has determined that this project is categorically exempt from environmental review according to Section 19.04.070(a)(18) of the Carlsbad Environmental Ordinance V. RECOMMENDATION It.is recommended that the Planning Commission adopt Resolution No. 1787, recommending APPROVAL of CT 81-31/CP-149, to the City Council based on the findings contained therein. ATTACHMENTS 1) PC Resolution No. 1787 2) Background Data Sheet 3) Location Map 4) Disclosure Form 5) Letter from applicant dated, April 13, 1981 6) Letter from SDG&E dated, April 15, 1981 7) Previous Staff Report dated, March 25, 1981 MH:ar 4/16/81 -5- . . • ' EACKGSOUKD D?\T?i SIII&T CASE 150: _CT_ai=3/CP-rl49 - : MOIA DEVELOPMENT BEQUEST E&D UOCJiTION: Tentative Tract Map and Corfloniniun} permit-, t-n east side of El Camino Peal, south of Swallow Lane. 8Q units IBGftL DESCRIPTION: That portion of the west half of the northeast quarter of < • 26 , Township 12 South, Range 4 west, San Bernardino Meridian in the County of San Diego. Assessors Parcel "Number: - 5»64 ~ 050 - 54 Ito. of Lots 80 units ' GEEERSL. PLKM M=P 'ffXWG '• ' . • '. Plan Land Use Designation BMH . •. • Density Allowed 10-20 du/acre Density Proposed 14. -18 du/acre Existing Zone 10'~2Q du/acre Proposed Zone J Surrounding Zoning and Land Use: Zoning Korth JPC • - ' South BD-M(Q) •' East \fest land Use Vacant 'vacant Vacant .-A (County) ' . El Caroino Beal PUBLIC FACILITIES School District Carlsbad Water District Sewer District Costa Peal Ijeucadia EDU's * Public Facilities Fee Agreercnt, dated " . * (Other: . _ ; ' IMPACT Negative Declaration, issued B.I.R. Certified, dated Ix)g :, per Section 19.04.070(a) (18) .SUBJECT PROfERTy CASE .NO.r..Tftl-3/gPl4q APPLICANT (tor the inrormation you have submitted has.been reviewed, it is determined '' t further information i^scquircd, you will be so advis«*j. • ' APPITCANT: MOLA DEVELOPM-ENT CORPORATION ' . . . •• Name (individual, partnership, joint venture, corporation, syndication) * • * ' '808 ADAMS AVE. HUNTINGTON BEACH, CA. 92648- . . Business Address - • * • .. (714) 536-2547 ' / • •AGENT: MEMBERS: Telephone ^Number .'.••. . • ' JERRY R. SIMON (PROJECT COORDINATOR) MOLA DEVELOPMENT Cp'RP. Name . . ' . 808 ADAMS -AVE. HUNTINGTON BEACH. £A. 92648' Business Address • • . . (714) 536-2547 Telephone Number FRANK J. HOLA (PRESIDENT) Name {individual, partner, joint venture, corporation, syndication) 422 L'OMA.HUNT.BCH, CA. 92648 Home Address ^'Business /address (714) 536'-2547 AVE. 'HUNTINGTON BEACH, CA. 92648 Telephone Number • • • Telephone Number PETER E. von ELTEH (EXEC.VICE PRESIDENT) 6792 PRESIDENTE DR. Name 808 ADAMS AVE/ HUNT.BCH. CA 92648 Home Address HUHTINGTOH -BEAdi.CA. 92^48" Business Address (714) 536-2547 ' Telephone Number • Telephone Number ,+r (Attach more sheets if necessary) . • I/We declare under penalty of perjury that-the information contained in this dis- closure-is true and correct and that it will remain true and correct and ir^y be relied upon as being true and correct until jar. t.AppJ.icantiv- • • . -. • miK DEVELOPMENT CORPORATION .sjjuiyijfjRpjj^ iPjipjjyvTOR •). MOLA DEVELOPMENT CORPORATION/8O8 ADAMS AVE. HUNTINGTON BEACH. CALIF 92648 /(714) 536-2547 6994 EL CAMINO REAL SUITE 211, CARLSBAD. CA 92OO8/(714) 438-1157 April 13, 1981 Planning Commission CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 Dear. Planning Commission Members: At a recent meeting with the Planning Department Staff, we were advised that our agreement to give residents their unit -at a discounted price was an excellent pro- gram. However, they were concerned that the unoccupied units and those not purchased by the residents could be priced significantly higher, thereby offsetting any benefit done by selling the units to residents at a lower price. We believe the department's concern is valid and there- fore agree to incorporate the following provisions into our sales program: 1. Prices to persons residing in West Bluff prior to February 24, 1981: Plan A $49,900 Plan B $55,000 Plan C $66,000 Plan D $64,000 0 - 2. Prices of the unoccupied units and those not sold to residents will range between the upper $50,000's to the mid to upper $80,000's. We are unable to be more specific in this price schedule because of the uncertainty of the costs for the major, alterations involved in this conversion. iun COMIWCICWS ictus* MHO Planning Commission April 13, 1981 Page two 3. First Buyer Speculation Control - To prevent first buyer speculating/ we will require all owners to reside in their units. This will be done through our financing program which will offer 95% loans for owner-occupied units, and a signed affidavit that the owner will occupy the unit. I have attached a copy of the typical loan documents to be used in this transaction as well as a copy of the Affidavit of Occupancy to be signed by the purchaser. I hope this proposal meets with your approvals Sincerely, jm DEVELOPMENT CORPORATION FJM/lk enclosure DESERET PACIFIC MORTGAGE 3600 SOUTH BRISTOL - SANTA ANA! CALIFORNIA 92704 - (714) 979-5404 AFFIDAVIT OF OCCUPANCY NAME:. PROPERTY ADDRESS:. In consideration for DESERET FEDERAL SAVINGS 8. LOAN obtaining.a loan for me (us) on the above captioned property, I (we) do hereby promise that we will occupy the subject property as our primary residence within seven (7) days of the close of escrow. It is my (our) understanding that if I (we) fail to do so, such failure shall constitute a breach of this contract and a default under the Note and Deed of Trust executed in conjunction with our loan and, 'upon the occurance of such breach and default, the whole sum of principal outstanding and interest payable pursuant to said Note shall become immediately due and payable at the option of the holder thereof. Failure to occupy the premises as a primary residence may restrict the ability of DESERET FEDERAL SAVINGS & LOAN to assign said loan, and DESERET FEDERAL SAVINGS & LOAN may be required to purchase the same if said loan has already been assigned in whole or in part and DESERET FEDERAL SAVINGS 8, LOAN may be damaged in certain other respects. If I (we) fail to occupy said premises as our primary residence, I (we) promise and warrant that I (we) shall Indemnify DESERET FEDERAL SAVINGS & LOAN and hold DESERET FEDERAL SAVINGS & LOAN harmless from and against all and any loss, damage, liability or expense; including costs, reasonable attorneys fees, to which it may be put or which it may incur by reason of or in connection with our failure to so occupy said premises. The promises and warranties contained herein shall extend beyond the close of escrow of the subject loan. Executed this day of 19 . Borrower Borrower Borrower Borrower wholly owned subsidiary of DESERET FEDERAL SAVINGS AND LOAN ASSOCIATION • SALT1.AKE CITY, UTAH San Diego Gas & Electric FILE NO. . April 15, 1981. Receive ftPR15l981 Mr. Peter E. Von Elton CITY OB CARLSBAD Executive Vice President and General Counsel *• Mola Development Corporation 808 Adams Avenue Huntington Beach, CA 92648 Re: Right of Way Use Agreement for West Bluff Hills - Condominium Conversion Project Dear Mr. Von Elton: You have requested a letter from us commenting on that portion of the above referenced Agreement that gives .San Diego Gas & Electric Company the right to withdraw its permission for your use of our transmission easement for parking and a private driveway for your proposed condominium conversion project. Paragraph 2 of this Agreement provides for this. withdrawal of permission for use pursuant to California Public Utilities Commission General Order 69B. To the best of the knowledge of currently employed persons in SDG&E's Land Department, which experience goes back at least 21 years, SDG&E has never revoked such permission once granted. Based on this experience, it is unlikely SDG&E would revoke the permission granted here. Of course, SDG&E would and does continue to reserve the right to exercise its rights of revocation under the appropriate circumstances. If you have further questions concerning this matter, please contact H. E. Richmond, Senior Property Management Representative, at 232-4252, extension 1521. Sincerely, ,-\ M. J. WQtoc Manager, Land Department MJW:kes tT.ELEPHQNE: 714/232-4252