HomeMy WebLinkAboutCDP 96-02; ; 1999-0267886; Deed Restriction- ._. I . jl I 1 RECORDING REPLiESi. BY AND
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I! RETURN TO: C\PR 21. 1999; 2 : 58 PM /
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:GRT PAPCR .-= a* c.Li,...,. ..- .,., .
DEED RESTXICTIOX
I. WHZRMS, GRAND PACIFIC PALISADES LLC, a California limited
liability,company ) hereinafter referred to as the "Ouner(s),'~ is/are
the' record owner(s) of the foliaving real proper‘cy:
UT 3 rlF C.T. %-Cl1 TN THF Cl-W flF WlI%AT), W nF QN nTFG? ZTAl-i flF I-AIlV7NTA
m MAP M~NO.13719 . il ! j' -ir" F TW Sm!NT't RFKWR fF 'TAN mm
February 3 .1999. -
hereinafter referred to as the "Property;!' and
11. h-iiEBa.S , the City of Carlsbad , hereinafter referred
to as the " city" is acting on bebale of the Zecple of che.S:ate of
California. , aad z -
III. kidzE~S , the subject property is located within tte coastal
zone as defined in $30103 of Divisioa 20 of the California Public Resouxes
Code, hereinafter referred to as the "California Coastal AC: of 1976,"
(the Act); and
IV. KEz.E.iS) pursuant to the AC:, th ovne: applied to :heCity
for a coastal development perliZ on the ?roper:y described above; acd
7 . XfRLG, coastal develJpmeuc -Jeraic ldoer~ :1ersinarter
referred to as the "lernic," vas granied on c&,-,w.,~s , 199;1, bY
the Commission in ac:ordxce FiCh the prOViSlOn Of City Council Regiuticn No.
97-74 , attached hereto as ZCX3il A acd hezei:. incor?orared by
1’ reference; and
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2 VI. UIiiIEiS, the Pernit as subject to the zems and conditioos
5 ,: including, but not limited to, the following coodi;ioo(s):
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 1 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 coastal program amendment and/or a separate coastal
development permit pursuant to Policy 6-10 of the Mello II Segment of the Cie
of Carfsbad Local Coastal Program.
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VII. hXE?Z~S, tke City foucd chat but far :ke k~osiiion of the .
aoove conditioc(s) ;he proposed developnest cculd cot be four.'- consiscec:
virh the provisions oi :he CaLifsrzia Coazcal AC:. of 1576 a& :ha: a per=::
could therefore not have been gzancod; and
ViII. ti?z?zks, OLxer has elected cb cornpLy ;-ic5 iie cocil:ioc(s)
irrposed by the Teni: ar.d exe--t? this Deed ?.esCZic:ion 80 es :o ena'oLr
ohxer CO under;&c :te doveLoomenC zcChOr-A-- ;-Sri jy :Le j=Dic.
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ZURT FAPLR
-.7= o* c.LIIO..l. .: .13 .?” *.-:,
NW, T~E?.E:ORE, in consideration of the granting af the Permit to the
Owmr by the city , the Owner hereby irrevocably covenants with the
City that thera be and hereby is created the folloving restrictioas
on the use and enjoyment of said Property, to be a:tached to and become a
part of the deed io the property.
1. COWL-, CONDITION AND RESTRICTION. The undersigned timer,
for himself/herself and for his/her heirs, assigns, and successors in
interest, covexnts and agrees that:
With respect tn the Property, any use coversions or resbictims that sme b k
WclusimWy shall r-wire review thugh a local coastal program mmnt and/or a sqarab
coastal develoimnt petit pursuant to Policy S-10 of the Mel10 II Svnt ti the City
of Carlsbad Local Coastal Pmgm.
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2. DUUTION. Said Deed Restriction sha?l remain in fuI1 force
acd effect during the period that said peizit, or any nodificacion or
amendment thereof remains effec:ive, and during tte period that the
development au;bori;ed by ;be ?emi: or any modlficarion of said developmes:.
remains in e.xist=5ca i2 0~ upon any part of, acC :b+re’bv confers .oeneilt
upon, the Proper:y desczibed herein, and shall bind C?s?ler acd all his/her
. assigns or suc:~ssors in Interest.
3. TAXXS .W ASSESSXZCS. i: is inrecded that this Deed
Bes:ric:ion is irrevocable and sha?’ cons:iL,c:2 BT. eciorceable :zsicict!.m
ri:bin the meaniag of a) .~;i~h XIII. sa, 05 23 Czli:~r~ia Cons:i:uc.ion;
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and b! $402.~ ot the California Revenue and iaxrtioa Code or successor
siaiute. Fuc:hemore, this Dead Rescriccion shal.1 bz deemed CO cons:icuce
a servitude upon and’burden to the ?roperty vithi:. :he meaning of 537LZ!d)
of the CaLifarnia Revenue and Taxation Code; or rL:cessor scacute, w’nicb
sur-dives a sale a? tax-deeded proper:y.
4. RIGRT OF MRY. nL@ city 0: iis agent my
enter onto the Property at times ressocably acct?:abL~ to the O~;ner to
ascertain v&the; the use restrictions set forth above are being observed.
5. R3.EDIES. Any act, conveyance, CCPX~CC, or authocization
by the O-mer whether written or orat- vhicb us.&* oz s-ould cause to be used
or YouLd penit cs+ of the Propzrty con:rary to tkz tezs of ibis Deed
Res:zic:ion viLL be deemed a viclaiion 2nd d brew:?. hersof. Th= city
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ant the CTG-ler @Jay pursue any and all ava:lable lrgal acdlor e&table zezedies
CO enforce the t0-m.s and candiCiacS of this Deed 32striction. In the evect
of a breach, any forbetrance on cSe pa:: 0: eitkzz party to edorce the
CZZXS and provisions hereof shrll.coc be deemed L :-aiver of ec5orcemecC
rzgz:s regarding any szbszquent brecck.
6. S3ELiBiLI-z. 15 any gravision ai these res:zictions is
held to be invalid, or far any reason becomes unacforceable, oo Other
provision sbaLL be thereby affected or impaized.
Dared: May 4, L9q8
SiGX3: GRAND PACIFIC PALISADES LLC, a California limited liability
COlUpCBly,
BY: GRAND PACIFIC RESORTS, INC.,
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7284
STATE OF CALIFORNIA .
COUNTY OF ,+i& D,eqo J
On -/43.,~1998 _-,~_ before me, &197h;o- a.dksue3 , A Notary
Public personally ,appeared %~o&J J.<?Tv;w, , personally
4. known to me I^-------ll-d:GL' LU, w to be the
personw whose name+) isk=e subscribed to the within instrument and
acknowledged to me that he- executed the same in his+k+the+
authorized capacity@&, and that by hisl+r%ew signatures on the
instrument the personw, or the entity upon behalf of which the person&
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA COUNTY OF $afi aiecjc J
On I%24 4 ,r998 before me, ud%;a a .%~ONS , A Notary
J J
Public personally appeared &XI/I ‘d S. &vmn , personally'
_ known to me (1 i to be the
person(+) whose name(+) is/w0 subscribed to the within instrument and
acknowledged to me that he/she/'* executed the same in his/her/i+ak
authorized capacity(M), and that by his/h-e4tz siRnature(++ on the
instrument the person(s), or the entity upon benalf of which the person(*
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
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3”RT PAPLX
‘*TX or c.Li,O..l. : II, ,.I” ,::,
1' This is to certify that the deed restriction set forth above is hereby
2, acknowledged by the undersigned on behalf of the City of
s~.Carlsbad pursuant to authority conferred by the California Coastal
Comnission when it granted Coastal Development Permit No. -y?
on Februarv 18. 1997 and the City of Carlsbad consents
to recordation therof by its duly authorired officer.
Dated: April 19, 1999
STATE OF CALIFORNIA
COUNTY OF %"-'Uiego
On April 19, 1999
Assistant City Clerk
before me, Karen R. Kundtz / . A-#.&*<~
Comic personally appeared Claude A. Lewis, Mayor , personalljr&
. 4. known to me 3 ) to be the
personw whose name(+) is/a.t=e-.subscribed to the within instrument and
acknowledged to me that he/sk&kky executed the same in his/W
authorized capacity-), and that by his&e&&e++ signature(s) on the
instrument the person(+, or the entity upon behalf of which the personw
acted, executed the instrument.
PJT,THESS my hand and official seal.
Signature
City of Carlsbad
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.,. EKHE3l A . . . ’
CITY COUNCIL RESOLUTION NO. 97-7‘
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAF!LSBAD, CALIFORNIA, APPROVING A COPlSTAL
rq%s
DEVELOPMENT PERMIT FOR A PROJECT CONTAINTNG
161 TIMESHARE UNITS, 90 HOTEL UNITS AW 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
PALOIMAR AIRPORT ROAD WITHM PLANNING ARE.4 3 OF
THE CAFXSBAD RANCH SPECIFIC PL.4N XND IN LOCAL
FACILITIES MANAGEMENT ZONE 13.
CASE NAME: CARLSBAD IZ4NCH HOTEL g:
TIMESHARE RESORT
CASE NO.: CDP 96-02
WHEREAS, Grand Pacific Resorts “Developer” has filed a verified
application with the City of Carlsbad regarding propeny 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. 13115. filed in the Office of the County Recorder of
San Diego County on June 30, 1995.
’ (“the Propeny”); and
WHERE.4S. said lperified application constitutes a request for a Coastal
Development Permit as shown on Exhibit(s) “.4**- .‘J’” dared September 18, 1996, on fiie in-
the Planning Department, CDP 96-02 as provided by Cinapter 21.201.$~) of the Carlsbad
Municipal Code; and
WHEREAS. the City Council did. on ihe 18th day of February
1997. hold a duly noticed public 11 . exing 3s prcsc%ed by law 10 consider said request; and
WHERE.4S. a~ said public he-kg. upon hearing and considering ail
testimony and arguments. if any. of all persons desiring IO be heard. said Csunci] considered
all factors relating to CDP 90-K.
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NOW, THEREFORE. BE IT HEREBY RESOLVED by the City Cduncil of
the City of Carlsbad as follows: ?a$7
A) That the foregoing recitations are true and correct.
B) 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:
Findines:
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4.
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That the proposed development is in conformance with the Certified Local Coastal
Pro-mam and all applicable policies in that the project is in compliance with
relevant policies of the ivfello II Segment of the Local Coastal Program, The
Carlsbad Ranch Specific Plan which serves as partial implementation for ,X.he
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 &astal
‘program amendment and/or a separate coastal development permit.
That the development is in conformity with the public access and public recreation
policies of Chapter 3 of the Coastal Acr, 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.
That the development conforms with any applicable decision peninent to this
proposal and for site as sef 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. _
The project complies with the requirements of the Coastal Resource Protection
Overiay Zone as the project site has been graded pursuant to previous approvals
and required drainage facilities 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 Coastal Zone have been applied as conditions of this permit.
Conditions:
1.
:
The City Council does hereby APPROVE the Coastal Development Permit for the
project entitled Carlsbad Ranch Hotel & Timeshare Resort (Exhibit(s) “-4” - “V”
dated September 18, 1996 on file 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 correcrions and modifications to
the Coastal Development Permit documentls), 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.
3 -. All grading activity shaI1 be prohibited between October 1st and April 1st of an!
year, or as othenvise 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 hotei 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 exciusionary 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 Ci?
of Carlsbad Local Coastal Program.
“NOTICE TO APPLICANT”
“T’ne time within which judicial review of Tunis decision must be sought is governed
by Code of Civil Procedure, Seciion 109-I.6. which has been made applicable in the
City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or otKFr
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 final; 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 da:e on
which the record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. X written re(luesI for the preparation of the record of the
proceedings shall be filed with the City Clerk. City of Carlsbsd. 1200 Carlsbad
Village Drive, Carlsbad. California 92OOS.”
EFFECTIVE DATE: This resolution shall b- -FT-- . -.,-,uvc upon its adoption.
1 P.L,SSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of
2 the City of&&bad, California, held on the 18th day of Februarv
3 1997, by the following vote, to wit:
4 AYES : Council Members Lewis, Finnila, Kulchin, and Hall
5 NOES: Council Member Nygaard
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ABSENT: NOIIFZ
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ATTEST: 13
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15 AkElX.4 L+‘4~Eli@UNZ, City Clerk KAREN R. KUNDTZ, Assistant City Clerk
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