HomeMy WebLinkAboutCP 93; W CORINTIA ST BTWN CAZADERO ST & LUCIERNAGA ST; Condo Permit (CP)Date Reived
MINOR CONDOMINIUM PERMIT
(Four or less units)
CITY OF CARLSBAD
(PLEASE PRINT)
1) REQUEST: Minor Condominium Permit for NO units.
2) LOCATION: The subject property is generally located on the
side of QT!A '3T. between Cl5jT
and LLc(Ru\
3) ASSESSOR'S NUMBER: Book Page 4c Parcel
Book Page Parcel (If more, please list
on bottom of page).
4) OWNER(S) OR PRINCIPLE OF CORP.
EONAELD 00 F.R1GUT 7tdeI 06o J200 4S0I1E Name Address Zip Phone
5) Person responsible for preparation of plan:
9WAC. P2T (A507 AidcAej ra2b qox
Name Address Zip Phone -
6) Registration of License No:
APPLICANT'S SIGNATURE:*
I hereby declare that all information contained within this application
Is true; and that all standard conditions as indicated on the attach-
ment have been read, understood and agreed to.
Address Zip Phone
*NOTE : If the applicant is an agent to the property owner, a signed
and notarized letter authorizing the applicant to represent the
property owner must be submitted with the application.
The City of Carlsbad's Planning Department would appreciate the
opportunity to work with the applicant throughout the Planning
stages of the proposed development. In an effort to aid the applicant,
the Planning Department requests that it be given an opportunity to
evaluate and discuss the application and plans prior to submittal.
This request is nota requirement; however, it may avoid major
edrafting or revision of the plan which only serves to lengthen
the processing time.
ATTACHMENTS:
Supplemental Information Form - Planning 20
Standard Conditions - Planning 27
Preparation Check List - Planning 32
Procedures - Planning 38 -
FORM PLANNING 14 - February 1, 1979
/
Agent, Owner, Partner
V ) /
If after the information you have submitted has been reviewed, it is determined
that further information is required, you will be so advised.
APPLICANT: S 214T V.
Name (individual, partnership, joint venture, corporation, syndication)
cO7 AUJDA c o. 2 -.
V Business Address V
&5- 211E S
• V
telephone Number
AGENT: V
V
Name V V V
Business Address
Telephone Number
MEMBERS:
Name (individual, partner, joint
V venture, corporation, syndication)
Business Address
Telephone Number V
Name
Business Address
V Telephone Number
Home Address
Telephone Number
Home Address
Telephone Number
(Attach more sheets if necessary)
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 may be
relied upon as being true and correct until ---'
BY
PT'
S
•1
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and City Council
to avoid possible conflicts of interest, all applicants are required to
complete this disclosure form at the time of submitting their application.
When this form has been completed and signed, the information will be relied
upon by them in determining if a conflict may exist, so please ensure that
all of the information is completed and accurate. If at anytime before a
final action on your application has been rendered, any of the information
required by this disclosure changes, an amendment reflecting this change must
be filed.
If the applicant is an individual, or a partnership (either general or limited)
or a joint venture, please state the full name, address and phone number of
each person or individual (including trusts) who own any beneficial interest
in the property which is the subject of this application. Should one or more
parties to the application be a partnership or joint venture, then please
state the full legal name of the partnership or joint venture, its legal
address and the name and address of each individual person who is a general
and/or limited partner or member of the joint venture.
Should one or more of the parties be a privately held corporation (10 share-
holders or less) or a real estate syndication, then please state the state of
incorporation or syndication, corporate number, date of incorporation or
syndication, corporate or syndicate address, and the full names and addresses of
each individual shareholder or syndicate member. Should the corporation be
a publically held corporation, then state the full name and address of the
corporation, the place of its incorporation, number of shareholders, and the
name and address of the officers of the corporation.
Should you feel that additional information needs to be provided in order to
provide a full disclosure, please include it.
- r
SUPPLEMENTAL INFORMATION FORM
SPECIFIC PLAN/MASTER PLAN/TENTATIVE SUBDIVISION MAP/SPECIAL USE PERMIT/
PUD/ CONDOMINIUM PERMIT/PRECISE DEVELOPMENT PLAN/SITE DEVELOPMENT PLAN.
1) Gross Aäres (or square footage if less than acre)Af% I'O,Fj
2) Number of Lots or Units TWO
3) Type of Development
Residential, Commercial, Industrial
4) Present Zone
Proposed Zone _________________
(If change requested)
5) General Plan Land Use Designation R-iV
tAI 6) Source of water LIfJLtR2L_'vATGg. [)-tRicT
7) Method of sewage disposal LELiI E2LNT/ VIATG D13TRT
8) Types of Protective Covenants to be recorded(11111119
±OVV3 JMt CDr11c * T3TlcN3
9) Transportation modes available to service the development
10) School District(s) serving the property
If your project is for or anticipates being for more than 50 res-
i dential units do you prefer to. dedicate land
pay fees' or a combination thereof
12) Me thods propos ed Sreduce sound leve ls ra11
-- • L A
1kaYLL112M - ___ f&~Z hL
13) Method s propo s ed tocons erv e energy •
A A ALA
9
Additional sheets may be attached if necessary to answer any of the above
questions.
FORM PLANNING 20 - February 1, 1979
I STANDARD OWDITIONS . CITY OF ARLSBA 3
SPECIFIC PLAN/CONDITIONAL USE PERMIT!
VARIANCE/PLAtNED UNIT DEVELOPMENT!
SITE DEVELOPMENT PLAN/SPECIAL USE PERMIT
COUDOMINIUM PERUT/PRECISE DEVELCPENT PLAN
Development shall meet all requirements of the subdivision, zoning.
and building codes, laws, ordinances or regulations of the City of
Carlsbad, and other governmental agencies. Some of the more pertinent
requirements and procedures of the City are listed below for your in-
formation .and concurrence. Please read this list carefully and feel
free to ask for further information or explanation.
1) All conditions for Conditional Use Permit, Variance, Planned
Unit Development and Special Use Permit shall be completed and
the project commenced within 18 months from final City action,
unless otherwise stated as part of the approval. There is no
time limitations for Specific Plans unless required as part
of the approval.
2) Development shall substantially conform to the approved plan.
3) All public improvements shall be made in conformity with City
- Standards, to the satisfaction of the City Engineer, without
cost to the City of Carlsbad and free of all liens and
encumbrances.
4) Prior to any construction, the applicant shall submit plans
to the appropriate entity providing domestic water to the • . proposed development, for its approval of the location, type
and adequacy of water lines.
• 5) . Prior to any construction, the applicant shall obtain approval
from the City Fire Department of the location and size of
fire hydrants.
6) The applicant shall install all required fire hydrants and
dry-stand pipes prior to framing construction, and said fire
appurtenances shall be functional prior to commencing such work.
7) Street trees, as required by the City, shall be installed by the
applicant at applicant's expense. Trees shall be of a type
approved by the Parks Department and shall be installed to their
specifications. If removal of any existing trees is required
•
by the City, said removal shall be at the applicant's expense.
It shall be the responsibility of the applicant to make all
arrangements with the Parks Department concerning the require-
ments of this condition.
• 8) A detailed grading plan which includes proposed drainage
and erosion control landscaping or other measures such as
desilting basins shall be approved by the City Engineer.
9) Immediately after grading, erosion control landscaping and/or
other measures such as desilting basins shall be installed.
This control may be the final landscaping if so approved.
10) A detailed landscape and sprinkler plan shall be submitted
for Planning Director's approval for all graded slopes 5' • • or greater in height and any other areas required by law.
11) Prior to final building inspection clearance, all landscap-
ing and irrigation systems shall be i-nstalled or adequate
bonding accepted. Said landscaping-shall be maintained in
a manner acceptable to the Planning Director.
12) No signs or advertising of any type whatsoever shall be erected
or installed until plans thereof have been approved by the City
of Carlsbad.
As part of the approval process, the City may modify these conditions or
add others, especially those of a more specific nature. The applicant
will be notified of these modifications or additions by Resolution.
Form Planning 27 /Date of Planning Commission Approval
. .
PREPARATION CHECK LIST
CONDITIONAL USE PERMIT/VARIANCE
PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN
CONDOMINIUM PERMIT/SPECIAL USE PERMIT
A. Documents Required for Submittal:
1) Application with supplemental sheet completed.
2) Standard condition list.
3) Photostatic copy of deed with complete legal description of subject
property or other form of description acceptable to the Planning
Director.
4) Thirteen (13) blueline prints of the plan for all applications
except aPUD which requires 18 prints, Minor Condo permits which
require ji and Major Condo permits which require 18. Maps must be
folded in a size not to exceed 8½ x 11.
REQUIRED PLANS ARE AS FOLLOWS:
CUP and Variance: Site Plan*
PtJD: Site Plan*, building elevations, landscape plan, cross section
of proposed grading.
SDP: Site Plan*, building elevations.
CONDO PERMIT: Site Plan*& building elevations' landscaping plans.
SUP: Site Plan*, grading plan.
*Site Plan as a minimum shall contain all property lines, building
locations with horizontal dimensions, driveways, and parking stalls
with dimensions, location and dimensions of landscaping.
5) Environmental Impact Assessment or Report with fees (if required)
6) Fee: Conditional Use Permit, Variance, and Special Use Permit -
$50.00.
Planned Unit Development - $50.00 + $1.00 per unit.
Amendments for PUD's - $50.00 + $1.00 per unit within
area being amended.
Site Development Plan - $25.00
Condominium Permit - $50.00 + $1.00 per unit within area
being amended.
7) 300 Foot Radius Map - (Not needed for Site Development Plan,
Special Use Permit and Minor Condominium Permit). A map to scale
not less than l"= 200' showing each 1t within 300 feet of the
exterior boundaries of the subject property. Each of these lots
shall be consecutively numbered and correspond with the property
owner's list. The scale of the map may be reduced to a scale
acceptable to the Planning Director if the required scale is
impractical.
8) Property Owners and Occupants List: Two copies of a typewritten
list of self-adhesive (Avery) fab1s of the names and addresses
of all persons owning property (as shown on the latest equalized
assessment roll) and persons in possession, if different, within
a 300' radius of the exterior boundaries of the subject property.
The latest equalized assessment roll is available in the Office
of the Assessor of San Diego, 1600 Pacific Highway, Room 103,
San Diego, California; telephone 236-3771.
Conversion to Condominiums: In addition to the above property
owners list, the aplication shall include a list (prepared as
above) of names and addresses of all tenants of the units to be
converted to condominiums.
9) Disclosure Statement.
FOP 32 PLANNING Page One
. ..
10) A written statement by the City Engineer that he finds there
is adequate sewer capacity available for the proposed use at
the site or that he finds that the proposed use and site can
be adequately served by alternative City approved onsite sewer
system. Applicant, please note, this determination must be
done prior to submitting application and it may' require'
preparation on your part to provide sufficient evidence to the
City Engineer. It is suggested you make early contact with
the Engineering Department for such determination.
11) For residential projects within Vista, San Marcos, Encinitas or
San Dieguito School Districts, the applicant shall indicate
whether be prefers to dedicate land for school facilities, to
pay a fee in lieu thereof, or do a combination of these. If
the applicant prefers to dedicate land, he shall suggest the
specific land.
For residential projects within the Carlsbad Unified School
District, the applicant shall submi t written confirmation that
school facilities will be available and serve the project at
time of need.
B. Drafting of Plan:
1) Sheets to be 24"x36" with lit border (standard "D" size).
2) Scale to indicate: 1" = 10' is generally sufficient; however,
the scale is to be appropriate for sheet size.
3) North arrow oriented to top or left side of sheet.
4) Lettering must be legible. It is preferred that it be drawn
by mechanical means, in ink, and heavy upper case.
5) Location map showing the distances to the center line of the
nearest intersection.
6) Title block with name and address of applicant and drafter,
and pertinent information such as uses, total acreage and
date prepared.
C. Information on Plan
1) Proposed and existing structures:
• a) Proposed use of all structures (in general land use terms).
b) Building dimensions, setbacks and distances between buildings.
c Type of construction proposed.
dl Identification of fire rated walls and fire sprinkler systems.
e) Height and number of stories.
f) Gross floor area per structure.
• 'g). Proposed changes and additions to existing buildings.
2) , Existing and proposed right-of-way, public and/or private:
31 parking:
'al Distance from property line to center line of right-of-way.
.bl Widths of right-of-way.
bJ Identification of loading zones.
A) Location, size and numbered consequtively.
d) Easements - type and location.
c). Location of existing and proposed sidewalks and curbcuts.
I c)1 Dimensions of driveways.
41 Landscaping:
a) Existing and proposed trees in the public right-of-way.
b), A schedule showing types, size nd location of all plant
materials proposed on site.
cl Indicate a permanent watering system for all landscaping
areas by showing the location of water lines.
FORM 32 PLANNING Page Two
)
.
- - -- -- -
5) Refuse pickup areas (not required for detached housing projects).
6) Signs: Size, location and height of existing and proposed signs.
7) Lbt LLne's and dimensions. -
8) Location of watercourse or areas-, subject to flood.
9) Location of proposed storm drains or other means of drainage
(grade and size).
10) .Topographib contours at two-feet intervals, with indication
of manufactured slope. - - -
11) Cross section of' proposed grading. Existing contours and
proposed graded contours for all grades of 4:1-or greater
shall be shown. - -
12) Delineation of development phasing.
D. Miscellaneous Information for Planned Unit Development and Condominium
Permit Applications. -
1) Document explaining who shall be responsible for maintaining
open common areas and how maintenance is to be performed.
2) Document explaining special development standards requested.
For custom home Planned Unit Development all development
standards listed in Section 21.45.120 shall be included.
3) Elevation of proposed buildings -(not required for custom
home PUD'S).
FORM 32 PLANNING Page Three
I I
Plans Required for Condo permit
(Section 21.47)
Major Condo Permit/Tentative Tract: (5 or more units). 18 copies
showing all information listed below, except that only 3 copies
of the landscape and irrigation plans are required. If tract
and condominium plans are separate, 18 copies of each are
required.
Minor Condo Permit: (4 or fewer permits). 3 copies showing
all information listed below. In addition, the Engineering
Department reuqires 7 copies of the tentative parcel map.
Site Plan
a) Location of Buildings and property lines.
b) Location of storage for each unit and size of area
in cubic feet.
c) Location of laundry facilities,
d) Location and construction of refuse collection
facilities.
e) Location of all utility meters (gas, water and
electric) and a note on the plan indicating that
each unit has separate meters.
Parking Plan
Show all parking spaces, as well as the dimensions of'
spaces, back-up areas, driveways and garages.
'Recreation Plan
Show location and size of all recreation areas. Include
picnic tables, pools, spas, bar-b-ques, children's
p'lay'areas, etc.
Landscape and Irrigation Plan
a) Location of all landscaping indicating type and
size of plants to be installed. Check street
tree list if street will be installed.
b) Location, sizes, dimensions of sprinkler heads and
staking, backflow preventer, pipes, water meters,
controls.
Building Elevations
Show the elevations and include a description of building
and materials.
KJL:ddd
10/31/79
FORM 32A
. .
PROCEDURES
(Minor Condominium Permit - Four or less units)
1) Application to Planning Director: In an effort to aid the applicant,
The Planning Department requests that it be given an opportunity
to evaluate and discuss the application in its various stages of
development prior to submittal. It is more effective if applicant
meets directly with staff; however, written or telephone communication
is acceptable. It is the responsibility of the applicant to make
the initial contact for such meeting.
2) Submittal: Application will be accepted only if the application,
plans and other pertinent materials are included.
3) Application Review: After accepting the application staff will
review to ascertain if further information is necessary. Staff will
attemptto conclude this review within one week, but in no case shall
the review period be longer than 30 days from receipt of application.
4) Notice: Upon completion of the application review, the applicant
will be informed by letter if further information is required if any.
5) Staff Review: Staff prepares a report for the Planning Director
for approval, denial or approval with conditions.
6) Appeals: Action by the Planning Director may be appealed to the
City Council, provided such appeal is filed within ten (10) days
after the Planning Director's action.
7) Final Decision: The City will notify the applicant and property
owner of the final decision.
FORM: PLANNING 38 - February 1, 1979
. - I
/
PREPARATION CHECK LIST
CONDITIONAL USE PERMIT/VARIANCE
PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN
CONDOMINIUM PERMIT/SPECIAL USE PERMIT
A. Documents Required for Submittal:
1) Application with supplemental sheet completed.
2) Standard condition list.
-3) Photostatic copy of deed with complete legal description of subject
property or other form of description acceptable to the Planning
Director.
4) Thirteen (13) blueline prints of the plan for all applications
except a PUD which requires 18 prints Minor Condo permits which
require 3, and Major Condo permits which require 18. Maps must be
folded in a size not to exceed 81,- x lie
REQUIRED PLANS ARE AS FOLLOWS:
CUP and Variance: Site Plan*
PUD: Site Plan*, building elevations, landscape plan, cross section
of proposed grading.
SDP: Site Plan*, building elevations.
CONDO PERMIT: Site Plan*& building elevations, landscaping plans.
SUP: Site Plan*, grading plan.
*Site Plan as a minimum shall contain all property lines, building
locations with horizontal dimensions, driveways, and parking stalls
with dimensions, location and dimensions of landscaping.
Environmental Impact Assessment or Report with fees (if required)
6) Fee: Conditional Use Permit, Variance, and Special Use Permit -
$50e00.
Planned Unit Development - $50.00 + $1.00 per unit.
Amendments for PUD's - $50.00 + $1.00 per unit within
area being amended.
Site Development Plan - $25.00
06 Condominium Permit - $50.00 + $1.00 per unit within area
being amended.
7) 300 Foot Radius Map (Not needed for Site Development Plan,
Special Use Permit and Minor Condominium Permit). A map to scale
not less than 1"= 200' showing each lot within 300 feet of the
exterior boundaries of the subject property. Each of these lots
shall be consecutively numbered and correspond with the property
owner's list. The scale of the map may be reduced to a scale
acceptable to the Planning Director if the required scale is
impractical.
C) Property Owners and Occupants List: Two copies of a typewritten
list of self-adhesive (Avery) labels of the names and addresses
of all persons owning property (as shown on the latest equalized
assessment roll) and persons in possession, if different, within
a 300' radius of the exterior boundaries of the subject property.
The latest equalized assessment roll is available in the Office
of the Assessor of San Diego, 1600 Pacific Highway, Room 103,
San Diego, California; telephone 236-3771.
Conversion to Condominiums: In addition to the above property
owners list, theTIion shall include a list (prepared as
above) of names and addresses of all tenants of the units to be
converted to condominiums.
9) Disclosure Statement,
FORM 32 PLANNING Page One
• S)
10) A written statement by the City Engineer that he finds there
is adequate sewer capacity available for the proposed use at
the site or that he finds that the proposed use and site can
be adequately served by. alternative City approved onsite sewer
system. Applicant, please note, this determination must be
done prior to submitting application and it may require
preparation on your part to provide sufficient evidence to the
City Engineer. It is suggested you make earLy contact with
the Engineering Department for such determination.
11) For residential projects within Vista, San Marcos, Encinitas or
San Dieguito School Districts, the applicant shall indicate
whether be prefers to dedicate land for school facilities, to
pay a fee in lieu thereof, or do a combination of these. If
the applicant prefers to dedicate land, he shall suggest the
specific land.
For residential projects within the Carlsbad Unified School
District, the applicant shall submit written confirmation that
school facilities will be available and serve the project at
time of need.
B.. Drafting of Plan:
1) Sheets to be 24"x36" with 1" border (standard "D" size).
2) Scale to indicate: 1" = 10' is generally sufficient; however,
the scale is to be appropriate for sheet size.
3) North arrow oriented to top or left side of sheet.
4-) Lettering must be legible. Itis preferred that it be drawn
by mechanical means, in ink, and heavy upper case.
5) Location map showing the distances to the center line of the
nearest intersection.
6) Title block with name and address of applicant and drafter,
and pertinent information such as uses, total acreage and
date prepared.
C. Information on Plan
1) Proposed and existing structures:
a) Proposed use of all structures (in general land use terms)
-b) Building dimensions, setbacks and distances between buildings.
c) Type of construction proposed.
d) Identification of fire rated walls and fire sprinkler systems.
e) height and number of stories.
f) Gross floor area per structure.
.91 Proposed changes and additions to existing buildings.
2) Existing and proposed right-of-way, public and/or private:
al Distance from property line to center line of right-of-way.
bl Widths of right-of-way.
c). Location of existing and proposed sidewalks and curbcuts.
dl Easements - type and location.
31 parking:
a) Location, size and numbered consec.utively.
b) Identification of loading zones.
ci Dimensions of driveways.
41 Landscaping:
a) Existing and proposed trees in the public right-of-way.
bl A schedule showing types, size and location of all plant
- materials proposed on site.
cl Indicate a permanent watering system for all landscaping - areas by showing the location of water lines.
FORM 32 PLANNING . Page Two
5) Refuse pickup areas (not required for detached housing projects).
6) Signs: Size, location and height of existing and proposed signs.
7) Lbt 1ine's and dimensions.
8) Location of watercourse or areas, subject to flood.
9) Location of proposed storm drains or other means of drainage
(grade and size).
10) •Topographià contours at two-feet intervals, with indication
of manufactured slope.
11) Cross section of proposed grading. Existing contours and
proposed graded contours for all grades of 4:1or greater
shall be shown.
12) Delineation of development phasing.
Lim Miscellaneous Information for Planned Unit Development and Condominium
Permit Applications.
1) Document explaining who shall be responsible for maintaining
open common areas and how maintenance is to be performed.
2) Document explaining special development standards requested.
For custom home Planned Unit Development all development
standards listed in Section 21.45.120 shall be included.
3) Elevation of proposed buildings -(not required for custom
home PUD'S).
FORM 32 PLANNING Page Three
- - -
S _)• 0
Plans Required for Condo permit
(Section 21.47)
Major Condo Permit/Tentative Tract: (5 or more units). 28 copies
showing all information listed below, except that only 3 copies
of the landscape and irrigation plans are required. If tract
and condominium plans are separate, 28 copies of each are
required.
3 Minor Condo Permit: (4 or fewer permits). 7A copies showing
all information listed below,
fot*. In addition, the
Engineering Department requires 7 copies of the tentative parcel
map.
•4±• Diy
a) Location of Buildings and property lines.
b) Location of storage for each unit and size of area
in cubic feet.
c) Location of laundry facilities.
d Location and construction of refuse collection
facilities.
e) Location of all utility meters (gas, water and
electric) and a note on the plan indicating that
• each unit has separate meters.
Parking Plan
Show all parking spaces, as well as the dimensions of
spaces, back-up areas, driveways and garages.
Recreation Plan
Show locatiOn and size of all recreation areas. Include • • picnic tables, pools, spas, bar-b-ques, children's • • play areas, etc.
Landscape and Irrigation Plan
a) Location of all landscaping indicating type and
size of plants to be installed. Check street
tree list if street trees will be installed.
b) Location, sizes, dimensions of sprinkler heads and
staking, backf low preventer, pipes, water meters,
controls.
Building Elevations
Show the elevations and include a description of buildings
and materials.
KJL:ar
7/19/79
FORM 32A
S S
PROCEDURES
(Minor Condominium Permit T Four or less units)
1) Application to Planning Director: In an effort to aid the applicant,
the Planning Department requests that it be given an opportunity
to evaluate and discuss the application in its various stages of
development prior to submittal. It is more effective if applicant
meets directly with staff; however, written or telephone communication
is acceptable. It is the responsibility of the applicant to make
the initial contact for such meeting.
2) Submittal: Application will be accepted only if the application,
plans and other pertinent materials are included.
3) Application Review: After accepting the application staff will
review to ascertain if further information is necessary. Staff will
attempt to conclude this review within one week, but in no case shall
the review period be longer than 30 days from receipt of application.
4) Notice: Upon completion of the application review, the applicant
will be informed by letter if further information is required if any.
5) Staff Review: Staff prepares a report for the Planning Director
for approval, denial or approval with conditions.
6) Appeals: Action by the Planning Director may be appealed to the
City Council, provided such appeal is filed within ten (10) days
after the Planning Director's action.
7) Final Decision: The City will notify the applicant and property
owner of the final decision.
FORM: PLANNING 38 - February 1, 1979
RECORDING REQUESTED 4Y
NORTH COUNTY ESCROW S p
AND WHEN RECORDED MAIL TO r 1' (l4((1u1i$ Lee //' 1
NAME
ADOREII JO/;-fr7(L L
CITY& 601,V7 &zih, 42975
STATE
[
Title Order No9 7L/
Escrow No
79319613
FILE/PAGE NO................_________
BOOK 1979
RECORDED REQUEST OF
National American Title Ins. Co.
AUG 18:00 AM'79
OFFICIAL RECORDS
RECORDER
SAN DIEGO COUNTY, CALIF.
$4.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
LCc
Grant Deed
The undersigned declares that the docunicntar transfer tax is 9 . .0.............................and is
• computed on the full value of the interest or property conveyed, or is
• computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale.
The land, tenements or realty is located in
f unincorporated area 0 city o ....................................................
TaxParcel Number .......................................................................
FOR A VALUABLE CONS IDERATION, receipt of which is hereby acknowledged.
WESTCO, a General Partnership
hereby GRANT(S) to
EDWARD S. EBRIGHT AND LINDA EBRIGHT, husband and wife as community property, as to
an undivided one-half interest, and LEE ROLLINS AND EVELYN ROLLINS, husband and
wife as community property, as to an undivided one-half interest, as tenants in
common.
the following described real property in the
county of San Diego , state of California:
Lot 586 of LA COSTA MEADOWS UNIT NO. 4, in the County of San Diego,
State of California, according to Map thereof No. 7367,filed in the
Office of the County Recorder of San Diego County, July 19, 1972.
Dated July 20, 1979
STATE OF ME RH
"I - -
10 1940 CA (9.74)
(Partnership)
STATE OF CALIFORNIA
COUNTY OF San Diego }
.JJ ITIt.E INSURANCE
AND TRUST
A TICON cOMPANY
I On July 20, 1979
before me, the undersigned, a Notary Public in and for said State, personally appeared
EDWARD S. EBRIGHT
known to me
to be one _of the partners of ihe partnership
that executed the within instrument, and acknowledged to me
that such partnership executed the same.
WITNESS my hand and official seal.
Signature_
L,.-'CHI S NELL
(This area for official notarial seal)
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•' Jl ir,. CALIF
pq Of Le
J 29, 1982
When recorded rnao: 0
Rhonda Clendenin
J
'j J1
908 Miiosa Avenue
Vista, Ca 92083
754464-15
ADDITIONAL
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
This Declaration is made this day of
1977, by
hereinafter referred to as "Declarant".
W I T N E S S E T H
WHEREAS, Declarant is the owner of that certain real property
in the City of Carlsbad, County of San Diego, State of California,
described as:
which is hereafter referred to as the "Project" and
WHEREAS, Declarant has filed a plan with respect to the Project
in the office of the County Recorder of San Diego County, in accor-
dance with Section 1351 of .the Civil Code, which said plan is here-
inafter referred to as the "Condominium Plan", and
WHEREAS, Declarant is about to sell and convey separate and tenant
in common interests in the Projects, and before selling and conveying
any of such interests, desires to subject all of said Project to
certain restrictions for the protection and benefit of Declarant and all
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future owners of such interests in the Project.-.
NC, THEREFORE, Declarant hereby makes the following
declaration as to diviion, easements, rights, liens,
charges, covenants, restrictions, limitations, conditions
and uses to which the Project may be put, hereby speci-
fying that such declaration shall constitute covenants
to run with the land and shall be binding on Declarant,
Declarant' s successors and assigns, and all subsequent
owners of all or any portion of the Project together with
their grantees, lessees, successors, heirs, executors,
administrators, devisees or assigns.
ARTICLE I
DEFINITIONS
Section 1.1 "Condominium", in the context of this
Declaration, means an estate in real property consisting
of an undivided interest in ccmron in the real property
constituting the Project, together with a separate in-
terest in space in a residential building situated on
such real property, and in other portions of the real
property.
Section 1.2 "Unit" means the aggregate of the vari-
ous elanents which constitute the separate interest in
space of each Owner of a Condominium as shown and designated
as such on the Condominium Plan. The elements of the
respective Units are living unit and garage.
Section 1.3 "Corrrron Area" shall mean the CormDn
Area as identified on the Condominium Plan and without
limiting the generality of the foregoing includes, of any
building schematically or otherwise shown on the plan,
the following: The stairs, bearing walls, columns,
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flOors, ceilings, roofs and foundation, reservoirs,
chutes, conduits, wires and other utility installation.,
wherever located, except the butlets thereof when loca-
ted within a Unit.
Section 1.4 "Exclusive Use Area" shall mean and
refer to those portions of the Common Area Desigliated as
such on the Condominium Plan and shall consist of:
Grounds Areas and Patio Areas
Section 1.5 "Board" shall mean and refer to the
management body of the Condominium.
Section 1.6 "Owner" means the owner of record of
fee simple title to any condominium, including contract
sellers but excluding those holding such interest merely
as security for the performance of an obligation.
INTEREST IN COMMON AREA
Section 2.1 The undivided interest in the Carixon
Area hereby established and which shall be conveyed with
an Owner's Unit is one-half (1/2).
The undivided interest established and to be trans-
ferred with each such Unit cannot be diminished and De-
clarant and his successors and assigns covenant that the
undivided interests in the Common Area and the Fee title
to the respective Units transferred therewith, shall not
be separated or separately conveyed, and each such undi-
vided interest shall be deemed to be transferred, or en-
currbered with its respective Unit even though the descrip-
tion and the instrument of transfer or encurrbrance may re-
fer only to the title to the Unit!
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Section 2.2 The proportionate shares of the respective Owners
of condominiums in the expenses of the Common Area (including the
establishment of such reserves for replacement and repair as the
Board deans appropriate) shall be one-half (½) thereof to each Unit.
Section 2.3 The beneficial interest in personal property
acquired by the Board shall be owned by the Owners in the same
proportion as their respective interests in the Comion Area. A
transfer or conveyance (by operation of law or otherwise) of a
condominium shall transfer to the transferee ownership tb the t±ans
feror's beneficial interest in such personal property. The transfer
of such personal property by the Board shall transfer title there-
to free and clear of any claim on the part of any Owner. Except
as set forth in this section, the beneficial inteiest of any Owner
in such personal property shall nôt :be transferàblè.
Section 2.4 Control of the Common Area will be transferred
by the Declarant to the Owners at an organizational meeting of the
members of the Board, which meeting shall be held no later than six
(6) months after consummation of the sale of the first condominium in
the Project. At such meeting or as soon thereafter as practicable,
Declarant shall surrender to the first elected officers of the Board
such books, records, contracts, and other documents of the Board
as may then exist.
Section 2.5 Each Exclusive Use Area shall be appurtenant to a
Condominium. The right to use an Exlusive Use Area shall be exercisable
only by the Owner(s) of the Condominium appurtenant thereto and/or said Owner's
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licensee (s). Conveyance of a Condominium shall effect
conveyance of Exclusive Use Areas appurtenant thereto
and transfer of all rights thereto to the vested owner
of the Condominium. Any license(s) thereto shall be
terminated upon such conveyance. NO Exclusive Use Area
or any rights thereto (other than said revokable licenses)
shall be transferred or conveyed apart from conveyance
of the Condominium to which it is appurtenant. Each Ex-
clusive Use Area shall be deemed to be Crimon Area for
all those purposes set forth in this Declaration which
are not inconsistent with this paragraph or the para-
graphs herein entitled "USE OF UNITS AND COMMON AREAS"
and "RESPONSIBILITY OF OWNERS".
USE OF UNITS AND COM'DN AREA
Section 3.1 Each Unit shall be improved, used and
occupied for single-family dwelling purposes only, except
that a sales office may be maintained by Declarant in any
of the Units until sales of all condominiums have been
[..JIItIUUiP
Section 3.2 A garage cannot be conveyed,
transferred or encumbered by an Owner apart from the Unit
of which the space is an element. In accordance with Sec-
tion 1352 of the Civil Code, a conveyance or encumbrance
which refers only to a Unit by number shall be deemed to
transfer or encumber the entire Condominium of the trans-
feror.
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Section 3.3 No part of any Unit shall be occupied
or used for any purpose or in any manner which shall cause
the Project to be uninsuräble against loss by fire or' the
perils of the extended coverage endorsement to the Cali-
fornia Standard Fire Policy Form, or cause any policy or
policies representing such insurance to be cancelled or
suspended or the company issuing the same to refuse re-
nal thereof.
Section 3.4 No more than to (2) domesticated
household pets may be kept by an Owner in his Unit, provided
that such pets shall not be allowed on the Ccmrron Area ex-
cept in accordance with such rules and regulations as may
be adopted by the Board. Caged birds or fish in a house-
hold aquarium may be kept and maintained in an Owner's Unit,
provided the same shall not in the opinion of the Board
create an unreasonable annoyance or nuisance to the Owners
of the other Units.
Section 3.5 No Unit, shall be used in any manner as
to obstruct or interfere with the enjoyment of occupants
of other Units or annoy then by unreasonable noisEts or
otherwise, nor shall any nuisance, or imnrroral or illegal
activity be committed or permitted to occur on or 'about any
Unit.
Section 3.6 No sign of any nature, except as pro-
vided in Section 712 of the Civil Code, shall be displayed
to the public vii on or from any condominium without the
prior written approval of the Board as to size, shape, color
and content; however, Declarant may place reasonable signs
upon the project in connection with the sale, transfer or
rental of the condominiums owned by it or in which it has a security
interest.
Section 3.7 Each Owner shall have the right to place furniture
and potted plants upon any balcony or patio constituting part of his
Unit, subject to the approval of the Board. However, no Owner shall
have the right to paint or stain any exterior surface of his Unit or
erect any fence, screen or wall without the written consent of the
Rancho La Costa Architectural Coimiittee; provided, however, each
Owner may alter the landscaping of his Exclusive Use Area without
the consent of the Board.
Section 3.8 No unsightly objects, poles or wire shall be
permitted on the roof of any building.
Section 3.9 Nothing shall be done in any Unit or in, on,
or to the Cam-on Area which will irrair the structural integrity
of the buildings, or which would structurally change the buildings.
Nothing shall be altered or constructed in or removed from the
Cann Area, except upon the written consent of the Board. All
equipment and garbage cans shall be kept concealed from view of
neighboring Units, streets and Corrmcn Area. All rubbish, trash or
garbage shall be regularly rroved from each Unit and shall not be
allowed to accumulate thereon or on the adlacent Crrrrün Area. No ex-
tenor clothes lines shall'-be erected or neIntaine4 and there shall be no
outside drying or laundering of clothes on balconies, or any pant of the
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Comnon Area.
Section 3.10 No power equipuent, hobby shops, or
carpenter shops shall be maintained on the Project except
with the prior written approval of the Board. No auto-
mobile overhaul or maintenance work, other than emergency
work, shall be 'permitted in the garages or elsewhere on
the Project.
Section 3.11 The Ccrnon Area shall be used only
for the following purposes:
(1) Affording vehicular passage to the
garages and pedestrain movement within
the Project, including access to the Units.
(2) Recreational use by the Owners and
occupants of Units and their guests, subject
to rules established by the Board.
(3) Beautification of the Comron Area
and providing privacy to the residents thereof
through landscaping and such other means as
the Board shall deem appropriate.
(4) No part of the Corrrron Area shall be
obstructed so as to interfere with its use
for the purposes hereinabove permitted, nor
shall any part of the Coimon Area be used for
storage purposes (except for storage of main-
tenance equipment used exclusively to maintain
the Cormon Area), or in any manner which shall
increase the rate at which insurance againstil
loss by fire or the perils of the extended
coverage endorsement to the California Standard
Fire Policy Form, or bodily injury or property
ie lJf1#y i qui;,ance, coyein the Con
Area and irrQrovemants situated thereon may be
obtained or cause said prep ses to be uninsur-
able against such risks, or any policy or poli-
cies representing such insurance to be cancelled
or suspended or the company insuring the same to
refuse renewal thereof.
Section 3.12 No owner shall make any alteration or
iruproverrent to the Corriion Area, or remove any planting,
structure, furnishing or other object therefrom except
with the written consent of the Board.
Section 3.13 Each Owner shall be legally liable to
the Association for all damages to the Caimon Area or to
any inprovement thereof or thereto, including but not
limited to the buildings and landscaping, caused by such
Owner, or any occupant of such Owner's Unit.
ARTICLE IV
1067,11411
Section 4.1 The Board shall consist of all the Own-
ers of Condominiums in the Sondorninium Property. The Board
shall constitute an unincorporated homeowners association
and be the "management body as that term is used in Cali-
fornia Civil Code Section 1355(a), as the same may from
time to time be amended. The Board shall possess and be
vested with the rights, powers and dutes hereinafter set
forth.
Section 4.2 Until such time as the -initial meeting
of Owners is held as hereinafter set forth in ARTICLE IV,
the Declarant shall constitute the initial Board; there-
after a-i of the Owners shall constitute the Board. The
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Declarant, as the Board, shall Irianange the Condominium
Property as provided in this Declaration only until the
first annual meeting of Owners is held.
Section 4.3 Two votes shall constitute a quorum
for the transaction of business. One vote will be attri-
butablé to each of the two Condominiums and one vote
shall be attributable to the third Board member referred
to in ARTICLE VI. The vote of the voting power of two
Board members present at any meeting of the Board shall
constitute the decision of the Board as to the question
voted upon.
Section 4.4 Any action permitted to be taken by
the Board after a Board meeting may be taken without a
meeting of the CXiners if all the then-existing Owners
shall consent in writing to such action.
Section 4.5 Should a Condominium be in co-ownership,
the co-owners shall not divide their vote.
ARTICLE V
POWERS AS 1'1AN7\GE1'1ENT BOARD
- Section 5.1 The Board has and shall have the follow-
ing powers:
Section 5.2 To elect from among its member a Chair-
man, Secretary and such other officers as its members may
determine, to fix their respective powers and duties, and
-' to establish rules and regulations not inconsistent here-
with relating to notices of Board meetings and other matters
relating to the conduct of Board meetings. Any two offices
except those of Chairman and Secretary may be combined.
Section 5.3 To adopt bylaws and/or rules not in-
consistent with the provisions of this Declaration,
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including but not limited to rules and regulations relat-
ing to the use of, and activity in, the Common Area.
Section 5.4 To maintain bank account (s) for funds
caning under control of the Board.
Section 5.5 To levy assessments and otherwise act
as set forth in the article hereof entitled ttg555,Tp5u
Section 5.6 To enforce the provisions of this De-
claration; provided, however, that nothing contained here-
in shall be construed to prohibit enforcement of this De-
claration by any Owner as an individual.
Section 5.7 To contract for and maintain liability,
workmen's compensation, and other insurance adequately in-
suring Owners, and bonds of Owners, or some of them, and
other persons. Each Owner shall obtain and maintain fire
and liability insurance covering his Condominium. The
amount of fire insurance coverage shall be not less than
the full replacement value of the Owner's Condominium;
the amount of liability insurance shall be not less than
$100,000. for each accident or occurrence.
Section 5.8 To contract, provide and pay for (i)
maintenance, utility, gardening, janitorial and other
services benefiting the Common Area, (ii) employment of
persons necessary for operation of any building rid
legal and accounting services. I
-, Section 5.9 To contract and purchase tools,
equipment, materials, supplies and other personal property
and services for maintenance and repair of the Common Area.
Section 5.10 To contract for and pay for reconstruc-
• tion of any portion or portions of the Common Area damaged
or destroyed; provided, however, that no single capital
expenditure in excess of $1,000. shall be made by the Board
without the vote or written assent of the unanimous voting
power of the Board or the decision to do so made pursuant
to a procedure referred to in ARTICLE VI Section 6.14 below.
Section 5.11 To enter at all reasonable times, by it
or its agents or independent contractors, any Living Unit
and Exclusive Use Area when necessary in connection with
maintenance or construction as to which the Board has rights
hereunder.
Section 5.12 To pay taxes which would be a lien upon
the entire Condominium Property or the Corrnion Area, and to
pay and discharge any lien or encumbrance levied against
the entire Condominium Property or the Camon Area.
Section 5.13 To dispose by sale or otherwise of lawn
or patio furniture, maintenance equipment or other property
acquired by the Board.
Section 5.14 To delegate to others its powers or any
of them.
Section 5.15 To prosecute or defend, under the name
of the Board. any action affecting or relating to the Com-
mon Area or any action in which all of the Owners have an
interest in the subject of the action or in whom any right
to relief in respect to or arising out of the dame trans-
actions or series of transactions'is alleged to exist.
Section 5.16 To contract, provide and pay for all
water, sewer, garbage and trash removal, electical, tele-
phone, gas and other utility services for the Common Area,
and, to the extent not separately metered or charged, for
each Living Unit.
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Section 5.17 Anything in this Section to the contrary
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notwithstanding, the Declarant as the initial management
body may not enter into any contract binding for a term
longer than one year from theeffective date thereof Un-
less such contract contains reasonable provisions for
the termination thereof by said initial management body
or a successor management body or unless such contract
for a longer term is apprived by the unanimous vote or
written consent of the successor management body.
ARTICLE VI
MEETING OF OWNERS
Section 6.1 All meetings of Owners shall be held
at the Condominium Property, or at such other location in
San Diego County, California, in reasonable proximity to
the Condominium Property as may be designated in the notice
of meeting.
Section 6.2 The first meeting Owners shall be
held within six (6) months after sale and conveyance of
the first Condominium. Subsequent annual meetings shall
be held on each anniversary date of the first meeting;
provided, however, that should said day fall upon a legal
holiday, then any such annual meeting of Owners shall be
held at the same time and place on the next day thereafter
ensuing which is not a legal holiday.
Section 6.3 Written notice of each such annual meet--
ing shall be given to each Owner either personally br by
sending a copy of the notice through the mail or by tele-
graph, charges therefore prepaid, to his address appearing
on the books of the Board or supplied by him to the Board
for the purpose of notice. If an Owner supplies o ad-
dress, notice shall be deemed to have been given ]i.im if
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mailed to the address of the Condominium owned by him or
published at least once in scm newspaper of general circu-
lation in the County of San Dieo, California. All such
notices shall be sent to each Owner not less than ten (10)
days and not more than sixty (60) days before each annual
meeting, and shall specify the palce, the day and the hour
of such meeting.
Section 6.4 Special meetings of Owners for any
purpose or purposes whatsoever, may be called at any
tim by any two non-voting Board nerabers or any voting
Board nember. Except in special cases where other express
provision is made by statute, notice of such special meet-
ing shall be given in the same manner as for annual meet-
ings of Owners. Notices of any special meeting shall
specify in addition to the palce, day and hour of such
meeting, the general nature of the business to be trans-
acted.
Section 6.5 Any Owner's meeting, annual or special,
whether or not a quorum is present, may be adjouiped frau
time to time by the vote of the voting member Owners pre-
sent in person or represented by proxy, but in the absence
of a quorum, no other business may be transacted at such
meeting.
Section 6.6 When any Owners' meeting, either annual
or special, is adjourned for thirty (30) days or more, notice
of the adjourned meeting shall be given as in the case of
an original meeting. Save as aforesaid, it shall not be
necessary to five any notice of an adjournment or of the
business to be transacted at an admourned meting, other
than by an announcement at the meeting at which such
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adjournment is taken.
Section 6.7 Whenever any Owner has been absent
from any meeting of the Owner, whether annual or spe-
cial, an entry in the minutes to the effect that notice
has been duly given shall be conclusive and incontrover-
tible evidence that due notice of such meeting was given
to such member as required by law and this Declaration.
Section 6.8 At all meetings of Owners, each Owner
shall be entitled to one (1) vote for each Condominium
owned by him. In the event that any Condominium is owned
by two or more person, then such person shall designate
in writing to be filed with the Board which one of them
holds the voting rights hereunder (which person shall be
a voting Board member), and in the absence of such desig -
nation, the Chairman may select which one of them holds
such voting rights. Such vote may be viva voce or by
ballot.
Section 6.9 The Owners present at a duly called
or held meeting at which a quorum is present may continue
to do business until adjournment, notwithstanding the
withdrawal of enough voting power to leave less than a
quorum. In the event any meeting of Owners cannot be
held because a quorum is not present, the Owner ~~esent,
either in person or by proxy, may adjourn the ireèting to
a time not less than 48 hours nor more than 30 days from
the time the original meeting was called.
Section 6.10 The transaction of any meeting of
Owners, either annual or special, however called and
noticed, shall be as valid as though had at a meeting duly
held after regular call and notice, if a quorum be
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present either in person or by proxy, and if, either be-
fore or after the meeting, the Owner entitled to vote,
not present in person Or byroxy, signs a written waiver
of notice, or a consent to the holding of such meeting, or
an approval of the minutes thereof. All such waivers,
consents, or approvals shall be filed with the other Owner
or made a part of the minutes of the meeting.
Section 6.11 Any action which may be taken at a
meeting of the Owners, may be taken without a meeting if
authorized by a writing signed by all of the Owners who
would be entitled to vote at a meeting for such purpose,
and filed with the Chairman.
Section 6.12 Each person entitled to vote or exe-
cute consent shall have the right to do so either in per-
son or by an agent or agnets authorized by a written proxy
executed by such person or his duly authorized agent and
filed with the Chairman, provided that no such proxy shall
be valid after the expiration of eleven (II) months from
the date of its execution.
Section 6.13 At each annual meeting of Owners, a
Chairman and Secretary of the Board shall be elected.
Section 6.14 The Board shall designate a third per-
son, or a list of third persons (in order of preference)
who shall sit as a third Board voting member hould the
voting Owners be divided on any issue or who shall estab-
lish a quorum should the Owner designated to vote for one
of the Condominiums not be present at a properly noticed
Board meeting. Two votes shall decide any such issue.
Should the third person fail to act in resolving such
issues, iJther voting Owner may demand such issues be
0 to neted by abtation by the American
Arbitration Association in accordance with its Commercial
Idles. *
ARTICLE VII
RESPONSIBILITY OF OWNERS
Section 7.1 Each Owner of a Condominium shall
be responsible for the maintenance and repair of his Unit and
all areas of which he has the exclusive right to use. These
areas shall be kept in a neat and tidy condition. The obli-
gation 'of maintenance and repair extends to the glass doors
and windows enclosing any part of the Unit, and to the main-
tenance and repair of all plumbing, electrical heating systems
and appliances located within the Unit. Each Owner shall have
the right, at his sole cost and expense, to maintain, repair,
paint, paper, panel, plaser, tile and finish the interior
surfaces of the ceilings, floors, window frames, door frames,
trim, and perimeter walls and partitions located within his Unit.
Each Owner shall have the right to substitute new finished
surfaces in place of those existing on said deiling, floors and
walls. In the event an Owner fails to maintain the interior of
his Unit and the plumbing, electrical and heating systems thereof,
or make repairs thereto in such manner as shall be deemed necessary
in judgment of the Board to preserve the attractive appearance
thereof and to protect the value thereof, the Board shall give
written notice to such Owner, stating with particularity the
work of maintenance or repair which the Board finds to be re-
quired, and requesting that the sane be carried out within a reason-
able time from the giving of such notice. If an Owrer disputes
his liability Ocarry out such. aitennce or 'airs,
he may request a hearing by the Board in accordance with
Section 7.2 of this Article. The determination of the
Board at such hearing shall be final. If the Owner is
determined by the Board to be liable for such maintenance
or repair and fails to carry out the saue within the time
prescribed by the Board at the hearing, the Board, shall
cause the work to be done and shall assess the cost there-
of to the Owner.
Section 7.2 If any condominium Owner or other
occupant of the condominium owned by him shall fail to
observe any of the provisions of this Declaration, or
any of the rules or regulations adopted by the Board, the
Board shall give written notice of such fact to the con-
dominium owner in accordance with Section 10.2 of ARTICLE X.
Any such notice so given shall contain a specification of
the alleged violation of this Declaration or of such rule
or regulation, as the case may be, and such notice shall
also specify a date not less than 10 nor more 20
days fter the date of the notice for a hearing before the
Board to review the alleged violation as set forth in the
notice. At such hearing, the Board shall accept such evi-
dence and take such testimony as may be reasonable under
the circumstances, reach a decision with respect thereto,
and if the Board concludes that the alleged violation did
in fact occur, the Board may take any disciplinary action
permitted by this Declaration or the By-Laws of the Board.
Breach of any of the covenants contained in this De-
claration and the continuation of any such breach may be
enjoined, abated or remedied by appropriate legal
proceedings by any Owner of the Board. It is hereby agreed that
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damages at law for such breach are inadequate. No judicial proceedings
shall be commenced by the Board against an Owner for any non-monetary
breach of this Declaration unless and until there has been a hearing
with respect to such breach in accordance with this Section 7.2
Section 7.3 The remedies herein provided for breach of the
covenants contained in this Declaration shall be deemed cumulative,
and none of such renedies shall be deemed exclusive.
Section 7.4 The failure of the Board or any Owner to enforce
any of the covenants contained in this Declaration shall not constitute
a waiver of the right to enforce the sane thereafter, nor shall such
failure result in or impose any liability on the Owners of the Board.
ARTICLE VIII
MORTGAGE PROTECTION
Section 8.1 Notwithstanding any other provisions in this
Declaration to the contrary, in order to induce FHUr and 1fl/GNMA.
(and other lenders and investors) to participate in the financing of
the sale of Condominiums within the Project, the following provisions
are added hereto (and to the extent these added provisions conflict
with any other provisions in this Declaration, these added provisions
shall control):
(a) Each holder of a first mortgage or first
trust deed of trust encumbering any Condominium is entitled to
timely written notification from the Association of any default
by the mortgagor of such Condominium in the performance of such
mortgagors obligations under this Declaration, which is not
cured within thirty (30) days.
(b) Each holder of a first mortgage or first
deed of trust encumbering any Condominium which cones into
possession of such Condominium pursuant to the remedies
• provided in such mortgage or deed of trust, or by
foreclosure o such mortgage or deed of trust, shall
be exempt from any "riçftit bf first refusal or other
restriction on the sale or rental of such condominium,
including, but not limited to, restrictions on the age
of the occupants of such Condominium and restrictions
on the posting of sins pertaining to the sale or
rental of such Condominium.
(c) Each holder of a first mortgage
or third party foreclosure purchaser which comes into
possession of the Condominium pursuant to the remedies
provided in the mortgage or foreclosure of the mortgage,
shall take the property free of any claim for unpaid
assessments or charges against the mortgaged Condo-
minium which accrue prior to the time such holder
comes into possession of the Condominium (except for
claims for a share of such assessments or charges
resulting from a reallocation of such assessments or
charges to all condominiums, including the mortgaged
condominium). The lien assessments provided for herein -
shall be subordinate to the lien of any first mortgage
or first deed of trust now or hereafter placed upon the
property subject to assessment; provided, however, that
such subordination shall apply only to assessments which
have become due and payable prior to a sale or transfer
of such property pursuant to a decree of foreclosure or
trustee's sale. Such sale or transfer shall not relieve
such property from liability for any assessments there-
after becoming due, nor from the lien of any such sebsequent
assessment.
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) Unless at least seventy-fpercent
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(75%) of the first mortgagees (based upon one vote for each
first mortgage owned) of Condominiums have given their prior
written approval, the Association or the Owners shall not be
entitled to:
(1) by act or omission, seek to abandon
or terminate the Condominium regine, except as other-
wise provided herein in the ev-nt of substantial des-
truction by fire or other casualty or in the evnet of
a taking by condemnation or eminent domain;
(2) change the pro rate interest or obli-
gations of any Condominium for (i) purposes of levying
assessments or charges or allocating distributions Of
hazard insurance proceeds or condemnation awards; and
for (ii) determining the pro rate share of ownership
of each Condominium in appurtenant real estate and any
improvements thereon which are owned by the Owners in
the Project in undivided pro rate interests ("Common
Area").
(3) partition or subdivide any Condominium.
(4) by act or omission, seek to abandon,
partition, subdivide, encumber, sell, or transfer,
the Common Area. The granting of easements for
public utilities or for other public purposes
consistent with the intended use of the Common
Area by the Project shall not be deemed a trans-
fer within the meaning of this clause.
(5) use hazard insurance proceeds for
losses to any Condominium property (whether to Condo-
minium Units or to Ccm'ron Area) for other than the
repair replacement, or reconstruction of such improve-
ITens ( except. s PXoYided by, ptatute in cs.e o sub-
stantial loss to the Condominium Units and/or Common
Area of the Project. -
(e) First mortgagees shall have the right to
examine the books and records of the Association.
(f) An adequate reserve fund for replacement of
the Catiron Area must be established and must be funded by
regular monthly payments rather than by special assessments.
(g) All taxes, assessments, and charges which may
become liens prior to the first mortgage under local law shall
relate only to the individual Condominiums, and not to the
Project as a whole.
(h) In the event of substantial damage or de-
struction of any Condominium Unit or any part of the Common
Area, or any portion thereof, the institutional holder of any
first mortgage on a Condominium shall be entitled to timely
written notice of any such damage or destruction, and further,
no provision in this Declaration shall be interpreted to
entitle the owner of the Condominium or any other party to
priority over such institutional holder with respect to the
distribution to such Condominium of any insurance proceeds.
Ci) The Association shall give FUINC and FNMA/
GNMA notice (c/o Servicer at i' s address) in writing
of any loss to, or taking of, the Conmon Area of the Project
if such loss or taking exceeds Ten Thousand Dollars ($10,000.00)
or damage to a Condominium Unit exceeds $1,000.00.
(j) The Association shall, upon the request of
any institutional holder of a first fortgage on a Condominium
in the Project, (1) give written notice of all meetings of the
Association and permit the lender to designate a representative
to attend all such meetings, and (2) transmit to such lender an
•
ual anded. financial statement' of the!t-ect within ninety 0
(90) days following the end of any fiscal year of the Project.
(k) If any Condominium Unit or portion thereof
or the Carnon Area or any portion thereof is made the subject
matter Of any condemnation or eminent domain proceeding or is
otherwise sought to be acquired by a condemning authority,
then the institutional holder of any first mortgage on a
Condominium shall be entitled to timely written notice of
any such proceeding or proposed acquisition, and no provision
in this Declaration shall be interpreted to entitle the Owner
of a Condominium or any other party to priority over such
institutional holder with respect to the distribution to
such Condominium of the proceeds of any awards of settlement.
Section 8.2 No breach of any of the foregoing covenants
shall cause any forefeiture of title or reversion or bestow any
right of re-entry whatsoever, but in the event that any one or
more of these covenants shall be violated, the Declarant, its
successors and assigns, the Association, or any Onwer of a Condo-
minium in the Project, may commence a legal action in any court of
corripettent jurisdiction to enjoin or abate said violation, and/or to
recover damages; provided, however, that any such violation shall not
defeat or render invalid the lien of any mortgage or deed of trust
made in good faith and for value as to said property or any part
thereof. Said covenants shall be binding upon and effective against
any Owner of said property, or portion thereof, whose title thereto is
acquired by foreclosure, trustee's sale or other use.
ARTICLE IX
ASSESSMENTS
Section 9.1 At least thirty (0) days prior to January 1 of each
year, the Board shall estimate the total charges to be assessed against
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the Project and to be expended by the Board during the succeeding year,
which shall constitue the maintenance fund (including a reasonable pro-
vision for contingencies and adequate reserves for replacements, less any
expected surplus from the prior year's fund). The estimated amount re-
quired for the maintenance fund shall constitute the aggregate regular
assessment, which shall be assessed to and paid by the Owners equally.
Section 9.2 Any increase in or decrease from the amount of the
initial aggregate regular assessment shall be assessed to and paid by
lar assessment shall not be increased more than twenty percent
(20%) over the preceding year's aggregate regular assessment
without the approval of at least two-thirds (2/3) of the
Owners present at a regular or special meeting of members,
held in accordance with the By-Laws of the Board. If a
regular asse-srrient is determined by the Board to be in-
adequate for any reason, including nonpayment of any
owner's assessment for unforeseen expenditure, the Board
may at any time levy a special assessment with the ap-
proval of amajority of the Owners. Any special assess-
ment made by the Board shall be assessed to the Otners
in accordance with the proportions set forth in Section
2.2 of ARTICLE II.
Notwithstanding anything in this Declaration to the
contrary, no alteration, additions, or improvements, in
connection with the project shall be made at a cost of
more than One Thousand Dollars ($1,000.) without the ap-
proval of at least two-thirds (2/3) of the voting owners
(excluding Declarant who shall not be entitled to a vote
on such matter irrespective of the number of condominium
units owned by Declarant at the time of the vote) present
at a special meeting.
Section 9 Each Owner shall be obligatto pay
to the Board his regular assessmeth in twelve (12) equal
installments on or before the fifteenth day of each calen-
dar month, and to pay special assessments within thirty
(30) days after their levy or at such other times as the
Board shall designate. All assessments shall be paid at
such place as the Board shall designate. The regular
assessment shall commence up9n the close of escrow for
the sale of the first condominium in the Project; regu-
lar assessments chargeable to or payable for each un-
sold condominium shall be charged to and paid by, and be
the debt of Declarant or its successor in ownership of
each unsold condominium and shall catrrnce upon the
conveyance of the first condominium in the Project. All
regular and special assessments levied upon any condomi-
nium shall constitute a debt of the Owner of suchcon-
dominium at the time of the assessment and shall be paid
promptly. Interest at the rate of ten percent (10%) per
annum shall accrue on all delinquent assessments.
Section 9.4 The amount of any delinquent regular
or special assessment, plus interest thereon and any
expenses reasonably incurred in collecting and/or enforc-
ing such assessment, including reasonble attorney's
fees, shall be and become a lien upon the Condominium so
assessed, which shall attach to the Condominium as of
the time the Association causes to be recorded in the
Office of the County Recorder of San Diego County, Cali-
fornia, a Notice of Assessment Lien, which shall state:
i. the amount of the delinquent assessment
and such related charges as may be authorized
by this Declaration;
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ii. the ,name of the Owner of record or re-
puted Owner of the Condominium;
iii. a decription of he Condominium. against
which the lien has been assessed.
The Notice shall be signed by two officers of the
Board. The assessment lien shall also be deemed to secure
all of the foregoing items which sahll became due and/or
incurred relative to the Condominium after the recordation
of the Notice of Assessment Lien until the completion of
the enforcement of the lien or the payment of the full amount
secured by the lien, or other satisfaction to be made in
connection therewith. No proceeding or action shall be
instituted to foreclose the lien until notice of inten-
tion to proceed to foreclose the lie- has been mailed by
the Board to the Owner of the Condominium affected by the
lien at the last known address of such Owner, at least
thirty (30) days prior to the commencement of any such
action or proceeding. The assessment lien may be en-
forced by judicial foreclosure; provided, however, that
said method of enforcement shall not be exclusive but shall
be in addtion to any other rights or remedies which the
Owners or the Board may have. The Board shall also have
the right to bid at any foreclosure sale and to hold,
lease, mortgage and convey such Condominium upon its pur-
chase. Upon payment of the full amount secured by an
assessment lien, including all authorized charged in ac-
cordance with the foregoing, or upon any other satisfac-
tion duly made in connection therewith, the Board shall
cause to be recorded a notice setting forth the fact of
such payment and/or satisfaction and of the release of
the assessment lien. Any assessment lien as to any Con-
S / .
dorrilniurn shall at all times be subject and subordinate to
any mortgage or deed of trust on the Condamifiium which is
created in good faith and for value and which is recorded
prior to the date of recordation of the assessment lien.
In the event any assessment lien is destroyed by reason
of the foreclosure of any prior martgage or deed of trust
on a Condominium, the interest in the Condominium of the
purchaser at the foreclosure sale may be subjected to a
lien to secure assessments levied on the Condominium in
the same manner as provided 'above in this Article.
Section 9.5 The Board shall comply with the
requirements of the Consumer Credit Protection Act (Public
Law 90-321, 82 Stat. 164 et seq.), also known as the
"Federal Truth-In-Lending Act" to the extent the same may
be applicable.
Section 9.6 The Board shall, upon demand for a
reasonable charge not to exceed fifteen dollars ($15'.)
furnish to the record owner of a Condominium or to any
person who qualifies as an "Entitled Person" under Section
2943 of the Civil Code a certificate signed by an officer
of the Association setting forth the amount of any unpaid
assessment attributable to such Condominium and 11 re-
lated charges authorized by this Declaration. Such certi-
ficate shall be furnished to the party requesting it with-
in ten (10) days of the date the request is received by
the Board. Also, any books and records shall be made available.
Provided written request therefore is given to the
Board, the holder of the First Deed of Trust on any con-
dominium in the Project shall be entitled to receive, with-
out charge from the Board, written notice of default by
an Owner in the performance of any obligation of such Own-
A
S er under this Declaration or the By-Laws of the Board; such
notice shall be given concurrently with the fivir&g of
notice of default to such Owner, and in any event not less
than thirty (30) days prior to initiating foreclosure of
any assessment lien affecting such Owner's Unit.
Section 9.7 The Board shall prepare a balance sheet
and an operating (incarre) statement for the Board with
provision for the destribution of copies thereof by the
Board to each Owner with 60 days of accounting dates as follows:
A.) At all reasonable times, the books and records of
the Association shall be made available for
inspection by all members.
B.) A balance sheet as of an accounting date
which shall be the last day of the month closest
in time to six (6) months from the date of closing
of the first sale of a Condominium interest to a
rrernber of the Board and an operating statement for
an accounting period from the aforesaid date of
first closing to the aforesaid accounting date;
C.) A balance sheet as of the last day of
the Board's fiscal year and an operating statement
for said fiscal year. The operating statement for
the first six months accounting period referred to
in (D) above shall include a schedule of assessments
received or receiveable itemized by lot or unit
number and by the name of the person or entity asses-
sed.
ARTICLE X
PARTITION
Section 10.1 Each Owner of a Condominium in the
Project is hereby prohibited from partitioning the Camion
/ Area except upon S a showing (1) that three years Oatbr daxrjr'
age or destruction to the Project which renders a material
part thereof unfit for its use prior thereto, the Project
has not been rebuilt or repaired substantially to its state
prior to its damage or destruction, or (2) that
three-fourths or more of the Project has been destroyed
or substantialily damaged, and that Owners holding in aggre-
gate more than a fifty percent interest in the Ccmron Area
are opposed to repair or restoration of the Project, or
(3) that the Project has been in existence in excess of
fifty years, that it is obsolete and that Owners holding
in aggregate more than a fifty percent interest in the
Ccirnion Area are opposed to repair or restoration of the
Project; provided, however, that if any Condominium
shall be owned by two or more co-tenants as tenants in
cciiion or as joint tenants, nothing herein shall be
deemed to prevent a judicial partition as between such
co-tenants.
In the event of partition of the Project the pro-
ceeds thereof shall be \divided among the Owners in accor -
dance with the proportions of Cmion Area expense
established in Section 2,2 of ARTICLE II.
ARTICLE XI
MISCELLANEOUS
Section 11.1 Should any of the covenants contained
in this Declaration be void or be or become unenforceable
inlaw or in equity, the remaining portions of this De-
claration shall, nevertheless, be and remain in full force
and effect.
Section 11.2 Any notice permitted or required to
be delivered as provided in this Declaration may be de-
'S
, ..• livered either personally or by mail. If delivery is made
by mail, such notice shall be deemed to have been delivered
to a person twenty-four (24) hors after a copy of it was deposited
in the United States mail, postage prepaid,
certified or registered, addressed to such person at the
address given by him to the Board for the purpose of such
service of notice, or at the address of the condominium
owned or represented by such person, if no other address
had been given to the Board. Such address may be changed
from time to time by written notice delivered to the
Association in accordance with the foregoing.
Section 11.3 All questions of interpretation or construction of
any of the terms or conditions herein shall be resolved, by the Board
and its decision shall be final, binding and conclusive on all of the
parties affected.
Section 11.4 In the event an attorney is engaged by the Board
for the enforcement or defense of any of the provisions of this Declaration,
then the prevailing party in any resulting litigation shall be entitled
to recover from the other party a reasonable sum as attorney's fees.
Section 11.5 Every person who now or hereafter owns or acquires
any right, title or interest in or to any portion of the Project is an
shall be conclusively deemed to have consented and agreed to every convenant,
condition and restriction and other provisions of this Declaration.
Section 11.6 This Declaration may be amended by an instrument in
writing, signed and acknowledged by the owners of at least three-fourths
(3/4) of the condominiums other than declarant after approval of the
amendment at a meeting of the voting Owners duly called for such purpose,
whereupon the amendment shall become effective upon its recordation in
the Office of the County Recorder of San Diego County, California. However,
no amendment to this Declaration shall affect any lender to the extent it
defeats the lender's then priority position with respect to its lien or
.6:. 0
which would convert the lender's loan to an illegal status under such
governmental regulations then applicable to the lender involved, unless
the approval in writing of any such lender is obained. Any other
amendment is sent to all lenders then of record and the
written approval is obtained from the lenders holding the beneficial
interest of at least seventy--five percent (75%) of the number of mortgagees
or trust deeds of record contituting valid first liens against the
project and any portion of it.
Section 11.7 This Declaration, every provision
hereof, and every covenant, condition and restriction con-
tained herein shall continue in full fdrce and affect for
a period of fifty (50) years from the date hereof, unless the
Owners of three-fourths (3/4) of the condaniniums have
executed and recorded at any tine within six (6) months
prior to said date, in the manner required for a conveyance
of real property, in writing in which they agree that this
Declaration shall continue for a further specified period
and providing therein a similar provision for the further
extension of this Declaration.
Section 11.8 All restrictions, condition, covenants
and agreements contained herein are made for the direct
mutual and reciprocal benefit of each and every Condominium
in the Project; shall create mutual, equitable servitudes
upon each condominium in favor of every other condominium;
shall create reciprocal reights and obligations between the
respective Owners of all condcminiums and privity of con-
tract and estate between all grantees of said condaniniums,
their heirs, successors and assigns; and shall, as to the
Owner of each condominium his heirs, successor and assigns,
operate as covenants running with the land, for the benefit
of all other condominiums.
A/C. NO. DESCRIPTION AMOUNT
ce j
I
TOTAL
-
0 . I
3j
1 .
CITY OF CARLSBAD •
200 ELM AVENUE • CARLSBAD. CALIFORNIA 92008
729-1181
17)
RECEIVED FROM L DATE
ArnRFS