HomeMy WebLinkAboutCP 95-02; Lagoon Waterfront LLC Condominium; Condo Permit (CP) (13)LAGOON WATERFRONT LLC
A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY
P.O. Box 2198, Carlsbad, California 92018
MX: (619) 722 '6350 Telephone: (619) 722-6356
Fax:(619) 720-9785 BUS:(619) 720-9785
March 18, 1996
Ms. Anne Hysong, Staff Planner
City of Carlsbad
2075 Las Pabnas Dr., Carlsbad, CA 92009-1576
619/438-1161 x4477, Fax: 438-0894
RE: FINAL DOCUMENT'S TRANSMTTTAL for CONDOMINIUM PERMIT, MS 95-
04, CP/95-02, LAGOON WATERFRONT LLC MINOR SUBDIVISION CONDO
CONVERSION, 4571 - 4575 Cove Dr., Carlsbad, CA
Dear Anne,
In response to the City's January 15, 1996 and January 29, 1996 conditions of
approval, and the March 7, 1996 comments made by city plan checker Mr. Ben Ellerin,
ECE, this letter will serve as transmittal for those items and documents requested. We
have now in fact complied with all conditions and would appreciate your assistance to
finally bring this matter to fruition. In answer to the above letters, enclosed herein please
find the following:
3/7/96 CE 706 "LIST OF OUTSTANDING ISSUES"
1. The TPM Mylar was approved and signed by the City Engineer 3/14/96.
^2. Enclosed herein, please find a copy of the approval document of California Coastal
Development Permit Demimious Waiver.
3. I met with the City on 3/14/96 to advise the Engineering Dept. we are prepare to
sign the Landscape District No. 1 Annex. I was advised that the City will prepare
the form for my signature after final plan check.
4. In accordance with Item 5. of the January 15, 1996 conditions of Approval, we will
in fact pay the $17,120 (i.e. $ll,485p/u - $2,925p/u pre-paid x 2 units = $17,120)
for in lieu Inclusionary Housing fees prior to issuance of building permits.
Regarding Public Facilities Fees, those fees were paid in 1995.
^5. Enclosed herein, please find the CC&R 's final draft for recording. Such has been
reviewed and approved by all concerned.
rf. The signed and notarized "NOTICE OF RESTRICTION" was submitted to the City
on February 7, 1996.
'T. Regarding comments from Chris De Cerbo, De Cerbo's review was apparently
assigned to Ms. Anne Hysong. I met with Anne on March 14, 1996. Anne bad no
comments from the Planning Dept. other than a minor correction to the CC&R's.
As noted in number 5 above, said CC&R's have been
and are hereby submitted as the final draft.
^8. Enclosed herein, please find a copy of the March 14, 1996, letter offaoproval from
trustee/beneficiary, North County Bank. MAR 1 9 KM*
CSTY OF CARLSBAD
chrn-96 ENGINEERING COUNTER
Ms. Anne Hysong, Staff - Banner
March 18, 1996, Page 2
&: Enclosed herein, please find Exhibits "A" & "B" which incorporate the corrections
per City request.
10. As noted, all items are now complete and we hereby submit for and request an
expeditious resolve to this matter.
11. Enclosed herein, please find a location/vicinity map.
12. As noted by the enclosed by the Inter-Office Correspondence, the Building
Department and the City Engineering Department have no additionally required
corrections.
JANUARY 15, 1996 PLANNING DEPARTMENT CONDITIONS OF APPROVAL
In response to the above January 15, 1996 conditions:
1. Completed.
2. Completed, Tentative Parcel Map/Condominium Site Plan was signed and approved
by the City on March 14, 1996 and is submitted herewith.
3. Completed.
4. Completed, and incorporated into the CC&R 's as paragraph Section 2.01, "Ten Foot
Front Yard Setback".
5. Completed, and incorporated into the CC&R's as paragraph Section 2.03, "Unit
Rental".
6. Upon final approval, the $17,120 (i.e. $ll,485p/u - $2,925p/u pre-paid x 2 units =
$17,120) for in lieu Inclusionary Housing fees will be paid.
7. The signed and notarized "NOTICE OF RESTRICTION" was submitted to the City
on February 7, 1996.
8. Completed in compliance with all applicable sections.
9. Enclosed herein, please find a copy of the California Coastal Commission approval
document, California Coastal Development Permit Demimious Waiver.
JANUARY 29, 1996 ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL
In response to the above January 29, 1996 conditions:
5. Completed as noted above.
7. As noted above, the TPM Mylar was approved and signed by the City Engineer
3/14/96.
chrn 96
Ms. Anne Hysong, Staff Planner
March 18, 1996, Page 3
9. Enclosed herein, please find a copy of the California Coastal Commission approval
document, California Coastal Development Permit Demimious Waiver.
10. On March 14, 1996, I met with the City on the Indemnity and Holdbarmless
Agreement. I was advised that only the City can prepare the Indemnity agreement
and that such will be provided at final approval.
14. The only remaining fee to be paid is the "In-Lieu", inclusionary housing fee which
will be paid at final.
25. I met with the City on 3/14/96 to advise the Engineering Dept. we are prepare to
sign the Landscape District No. 1 Annex. I was advised that the City will prepare
the form for my signature after final plan check.
A. I met with the City on 3/14/96. The engineering department has researched all fees
and found that we have in fact paid all public facilities fees and/or other fees
necessary other than the above noted $17,120 inclusionary housing fees.
Should you have any questions or if I may be of any assistance, please don't hesitate
to call me direct at (619) 720-7985. Thanking you in advance for your prompt attention
and consideration in this matter, I am,
Respectfully,
LAGOON WATERFRONT LLC
D. Jack
Managing Member
DJ/m
chrn 96
OCR COV2
WHEN RECORDED MAIL TO:
LAGOON WATERFRONT LLC
P.O. BOX 2198
CARLSBAD, CA 92018
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS AND INCLUSIONARY
BYLAWS ON REAL PROPERTY
WHEREAS, DON L. JACK, hereinafter referred to as "Owner" or "Grantor", is the
Owner of that certain real property legally described as:
Lot 37 of Tract 5162 in the City of Carlsbad, County of San Diego, State
of California as filed in the office of the County recorder of said county.
Said property is commonly known as 4571 and 4575 Cove Drive . hereinafter referred to
as the "Property", and contains two (2) real property single family residences; and
WHEREAS, the Property is conditioned by [Minor Subdivision No. 95-04 1.
[Condominium Permit No. 95-02 1. [the Amended and Restated Declaration of Restrictions
and Protective Covenants recorded December 3. 1983 (modified since and originally
recorded February 17, 1965)] and [other such standard Homeowner's Association
Covenants, Conditions and Restriction documents as associated with the properties master
homeowner's association know as the Bristol Cove Property Owners Association], all of
which are hereinafter collectively referred to as "Requisites", to said Property; and
WHEREAS, No provision of this Declaration is intended to, nor shall it be deemed
to modify, waive, delete or amend any condition or provision of said Requisites; and
NOW, THEREFORE, Grantor does hereby declare that all of said Lot and Property
shall henceforth be sold, held, transferred, conveyed, encumbered, hypothecated, leased,
used, occupied, and improved subject to the following Covenants, Conditions, and
Restrictions, additionally herein referred to as the "Declaration", all of which are imposed
for the purpose of uniformly enhancing and protecting the value, attractiveness, and
desirability of the Property in furtherance of general standards for the protection,
maintenance, development, subdivision, improvement, and sale of the Property, and every
part thereof as a servitude in favor of each and every Unit thereof.
CC&R cov 12/95
GRANTOR FURTHER GRANTS AND DECLAREJ THE FOLLOWING:
ARTICLE I
GENERAL PROVISIONS
Section 1.01. "Binding Affect" The Covenants, Conditions, and Restrictions as set
forth herein shall run with the Property and shall be binding upon all Persons having any
right, title, or interest in and to said Property or any portion thereof, their heirs,
successors, and assigns, and shall inure to the benefit of every portion of the Property and
any interest therein, and shall inure to the benefit of and be binding upon Grantor or its
successors in interest, and each Owner and Unit and respective successive Owners, and
may be enforceable by Grantor and/or by any other such affected Owner(s) of the
property(ies) as provided by this Declaration.
Section 1.02. "Constructive Notice and Acceptance" Every person or entity who
owns, occupies or acquires any right, title, estate, or interest in or to any Lot, Unit or
other portion of the Property does and shall be conclusively deemed by the acquisition of
same, to have consented and agreed to binds themselves or itself, its heirs, personal
representatives, successors, transferees and assigns, and agrees to the reasonableness and
effect of every limitation, restriction, condition, servitude and covenant contained herein
or any amendments thereto, whether or not any reference to this Declaration is contained
in the instrument by which such person acquired interest in the Property, or any portion
thereof.
Section 1.03. "Rights of Mortgages"
1. Mortgage Permitted. Each Owner may encumber his Unit with Mortgage
obligation(s).
2. Subordination. The restrictions and/or any provisions set forth herein are
hereby declared and expressly made subject and subordinate to any and all mortgages
hereto whether or not such mortgage is perfected prior to or later than the date hereof
and shall not supersede nor in any way reduce the security or affect the validity of any
mortgage or Deed of Trust made in good faith and for value; provided, however, that if
any portion of the property is sold under a foreclosure of any mortgage or under the
provisions of any Deed of Trust, any purchaser at such sale and his successors or assigns,
shall hold any and all property so purchased subject to all of the restrictions and
provisions of this Declaration.
Section 1.04. "Indemnification" Each Owner shall be liable to the other Owner
for any injury to Property or life that may be sustained by the injured Owner, by reason
of the other Owners negligence, or negligence of that Owner's family members, contract
purchasers, tenants, guests, or invitees, but only to the extent that such damage is not
covered by casualty insurance. Each Owner, by acceptance of his deed, agrees personally
and for family members, contract purchasers, tenants, guests, and invitees, hereinafter
"Occupants", to indemnify the other Owner, and to hold him harmless from, and to defend
him against, any claim of any such Occupants for personal injury or property damage
occurring within the Common Area or the Lot of that particular Owner, except to the
extend (i) that such injury or damage is covered by liability insurance in favor of the other
Owner or (ii) the injury or damage occurred by reason of the willful or negligent act or
omission of the other Owner or other person temporarily visiting his Residence.
OC&R cov 12/95
ARTICLE II
USE RESTRICTIONS and MAINTENANCE
Subject to the exemptions of Grantor as set forth herein, all real property within
the Property shall be held, used, and enjoyed subject to the following limitations and
restrictions. Notwithstanding anything to the contrary herein, these restrictions shall not
be interpreted in such a manner as to permit any activity which would be contrary to any
governmental ordinance or regulation.
Section 2.01. "10* Foot Front Yard Setback" No Unit shall tandem park any
vehicle in front of the existing garages within the 10 foot front yard setback so as to
allow said vehicle to overhang or penetrate any portion of the public sidewalks.
Section 2.02. "Vehicles" No owner shall park, store, or keep anywhere on the
Property including without limitations to any street, alleys or driveway, any passenger
vehicle, any type of large truck, any commercial-type vehicle or dump truck, any cement
mixer truck, oil or gas truck, or delivery truck, or any such vehicle with a load capacity
which exceeds one (1) ton, any recreational vehicle (camper unit, house-car, motor home,
recreational vehicle or the like), bus, trailer, trailer coach, camper-trailer, or boat.
Section 2.03. "Unit Rental1* Should either Unit within the Lot be rented, the
minimum time increment for such rental shall not be less than 26 days.
Section 2.04. "Exterior Maintenance and Repair: Owner's Obligations" All
Improvements within the Property shall at all times be kept in good appearance and repair
such as not to create any dangerous, unsafe, unsightly, or unattractive condition.
Section 2.05. "Landscape" Each individual Owner or its successors or assigns in
interest, shall be permanently responsible for planting, nurturing, growing, watering,
fertilizing, pruning, weeding, preserving, cleaning, maintaining, and proper caring for any
and all landscape or grounds upon that particular side of the lot, hereinafter "Side of the
Lot", in which that particular Unit lies. All landscaping shall be maintained in an
attractive manner and Owner shall keep such landscaping and Lot in a neat, clean,
properly weeded, watered and well cared for condition. Said Side of the Lot, shall be
determined by a hypothetical horizontal separation line which runs exactly through the
middle of and parallel to the center demising wall which separates the Units, and
extended from street curb to lagoon waterfront. The intent hereof is simply that each
individual Unit Owner maintain the property on his Side of the Lot.
Section 2.06. "Plastering. Roofing. Edifice" Each Unit shall be perpetually
responsible for maintaining, replacing, repairing and the proper caring for any and all
exterior plastering, roofing, external building edifice or elements upon the particular Side
of the Lot in which that particular Unit lies, so as to not in anyway detract from the
attractive appearance of the property.
Section 2.07. "Common Area Maintenance Assessments" Each Owner by deed
acceptance, covenants, warrants and agrees for each Unit, to pay one-half (1/2) of all
costs of maintenance, repair and replacement for any common walls, walkways, roofing,
chimney, wharfage, landscape, or the like. The Owners shall jointly determine what
maintenance, repairs and replacements (the "Repairs") are needed from time to time, the
cost of completing them, and the contractors to perform the Repairs. Should the Owners
fail to agree upon the Repairs after earnest negotiations in good faith, the matter shall
be decided by binding arbitration as set forth hereinbelow and each Owner shall bear one-
half (1/2) of all costs thereof.
Section 2.08. "Waterfront Wharfage" Each Unit Owner hereby pledges and
warrants each to the other, that within one (1) year of initial occupancy, they shall jointly
construct and equally share all costs and efforts attributable to a waterfront wharfage
CC&R cw 12/95 3
(boat dock) facility, of v.aich the same shall be built in coni^rmance with the "Bristol
Cove Property Owners Association Minimum Construction Requirements for Wharfage
Facilities". Moreover, after completion of such construction, each Unit Owner from that
period forth, hereby pledges and warrants each to the other, that they shall equally share
any and all on going costs for the perpetual maintenance, replacement, repairing and
proper caring for said waterfront wharfage boat dock facility.
Section 2.09. "Nuisances" No Unit shall be used in such a manner as to obstruct
or interfere with the residential uses, rights to peace and quiet enjoyment, and the
"Bundle of Rights" inherent to each Unit. No noxious or offensive activity shall be carried
on, in, or about any Unit, nor shall anything be done thereon which may be or become an
unreasonable annoyance or nuisance to any other Unit or Owner. Without limiting the
generality of the foregoing provisions, no loud noises or noxious odors, no loud or incessant
barking or noisy animals, no exterior speakers, radios, amplifiers, horns, whistles, bells,
or other sound devices (other than security devices used exclusively for security purposes),
no noisy or smoky vehicles, large power equipment or large power tools, CB radios or
large antennas, loud music, electric or electronic equipment, or any other such
components, objects, things or the like, nor shall any improvements in the Property be
located, used, or placed on a portion of the Property or exposed to the view of another
Owner which may unreasonably interfere with any Owners rights to quiet enjoyment
and/or full use of fee simple property ownership rights.
Section 2.10. "Animal and Insect Restriction" No livestock, reptiles, insects,
poultry, horses, goats, pigs, birds, or other animals of any kind shall be raised, bred, or
kept by any Unit or Owner, except domestic dogs, cats, fish, birds or other such household
pets provided that they are not kept, bred, or maintained for commercial purposes or in
unreasonable quantities. As used in this Declaration, "unreasonable quantities" shall
ordinarily mean more than three (3) pets per dwelling Unit; provided, however, that the
City may determine that a reasonable number in any instance may be more or less. The
City shall have the right to prohibit maintenance of any animal which, in its opinion,
constitutes a nuisance to any other owner. Animals belonging to owners, occupants, or
their licensees, tenants, or invitees within the Property must be either kept within an
enclosure or on a leash being held by a Person capable of controlling the animal.
Furthermore, any Owner shall be absolutely liable to each and all remaining Owners, their
families, guests, tenants, and invitees for any nuisance, waste matter, damages or injuries
caused by any animals of his Family, his tenants, or his guests.
ARTICLE III
TERMINATION, AMENDMENT, AND SEVERABILITY
Section 3.01. "Termination. Amendment and Severabilitv" It is the expressed
purpose and intention of the Grantor hereof, and by the execution and recordation of this
declaration as directive for any and all such Covenants, Conditions and Restrictions as
noted herein, that this declaration and all such Covenants, Conditions and Restrictions
created hereby shall without further signatures, amendments, addendums, or
documentation of any kind, automatically terminate and expire, become null and void, and
be without further force or affect, and shall thereby automatically drop from any and all
of the property described herein on January 1, 2030 A.D., unless reinstated in writing
and recorded for constructive notice, by a majority of not less than a fifty-one (51%)
percent vote of all owners then in title to said Units. This Declaration may be
modification, amended or even revoked of which the same shall become effective upon the
Recordation of an instrument signed by a majority of fifty-one (51%) percent of the
Owners of Units within the Property setting forth in full any such modification,
amendment or revocation and certifying the extinguishment of this Declaration as
provided herein. In determining the number of votes that may be cast under this
Declaration, each Unit shall be entitled to one (1) vote. When more than one person owns
an interest in a Unit, the vote for the Unit shall be exercised as they among themselves
CCW COV 12/95 4
determine, but in no eve».c shall more than one (1) vote be casi. with respect to any Unit.
Should the Owners fail to agree or reach an impasse, the matter shall be decided by
binding arbitration as set forth hereinbelow and each Owner shall bear one-half (1/2) of
all costs thereof.
ARTICLE IV
MISCELLANEOUS
Section 4.01. "Enforcement" Breach of any of the Covenants, Conditions and
Restrictions contained in this Declaration and the continuation of any such breach may
be enjoined, abated, or remedied by appropriate legal or equitable proceedings by any
Owner or any Unit or interested party thereof, or by the City or by Grantor. The City
shall have the right, but not the obligation, to enforce the provisions of this Declarations.
It is hereby agreed that recovery of damages at law for any breach of the provisions of
this Declaration shall be adequate remedy. Breach of any Covenants, Conditions and
Restrictions contained in this Declaration shall not defeat or render invalid the lien on
any recorded Mortgage, or any part thereof made in good faith and for value as to any
Unit of the Property; but such Covenants, Conditions and Restrictions shall be binding and
effective against any Owner of a Lot or Lots whose title thereto is acquired by
foreclosure, trustee's sale, or otherwise.
Section 4.02. "Arbitration Costs, and Attorney Fees" Except to the extent that
the disputing parties should agree in writing to any other method of resolution of any
given dispute regarding this Declaration, the parties acknowledge that they, by their
acceptance and acquisition of the Property/Unit, hereby acknowledge that it shall be
incumbent on each, to settle in as expeditious and inexpensive manner as possible any
such controversy or claim arising out of or relating to this Declaration, FIRST THROUGH
BINDING ARBITRATION before the use of any legal remedies at law.
Section 4.03. "Arbitration of Disputes" Each Unit Owner hereby agrees, pledges
and warrants each to the other, that any dispute or claim in law or equity arising out of
this Declaration or any covenants hereof, after proper discovery procedures, be decided
by neutral binding arbitration and not by court action, except as provided by California
law for judicial review of arbitration proceedings. The arbitration shall be conducted in
accordance with the rules of either the American Arbitration Association (AAA) or
Judicial Arbitration and Mediation Services, Inc. (JAMS). The selection between AAA and
JAMS rules shall be made by the claimant first filing for the arbitration. The parties to
an arbitration may agree in writing to use different rules and/or arbitrator(s). In all other
respects, the arbitration shall be conducted in accordance with part HI, Title 9 of the
California Code of Civil Procedure. Judgement upon the award rendered by the
arbitrator(s) may be entered into any court having jurisdiction thereof. The parties shall
have full rights of discovery in accordance with Code of Civil Procedure #1383.05, and
should either party refuse or neglect to appear or participate in any such arbitration
proceedings, the Arbitrator shall be empowered to award judgement in accordance with
whatever evidence is presented by the parties that do participate. Any action for bodily
injury or wrongful death, or for latent or patent defects, to which Code of Civil Procedure
SS 337.1 or 337.15 applies are excluded from arbitration hereunder.
Section 4.04. "No Representations or Warranties" No representations or warranties
of any kind, express or implied, have been given or made by Grantor, its affiliates, or its
agents or employees in connection with the Property or any portion of the Property
including, but not limited to, dealing with its physical condition, attributes, zoning,
compliance with applicable laws, or suitability except as specifically and expressly set
forth in this Declaration and except as may be Filed by Grantor from time to time with
any other governmental authority.
Section 4.05. "Insurance Obligations of Owners" Each owner shall be solely
responsible for insuring all of his dwelling Unit and improvements on that particular Side
OC&R cov 12/95 5
of the Lot, including wii..iout limitation and/or the structural portions of such dwelling
Unit, against loss or damage by fire or other casualty. Each Owner shall also be solely
responsible for obtaining prudent and adequate comprehensive public liability insurance,
including medical payments and malicious mischief, insuring against liability for bodily
injury, death, and property damage arising from his activities on his Unit.
Section 4.06. "Notices" Any notice permitted or required to be delivered as
provided herein shall be in writing and may be delivered either personally, front door
notice or by mail. If delivery is made by mail, it shall be deemed to have been delivered
seventy-two (72) hours after a copy of the same has been deposited in the United States
mail, postage prepaid. Any notice to an Owner shall be mailed or delivered to the lots
herein unless a different address has been provided.
Section 4.07. "Titles. Interpretation and Intent" The provisions of this Declaration
shall be liberally construed to effectuate its purpose of creating general standards for the
creation and operation of a residential development, and any violation of this Declaration
shall be deemed to be a nuisance. If any portions of this Agreement shall be held invalid,
the remainder hereof shall be considered valid and operative while effect shall be given
to the intent and spirit manifested by the portion held invalid. The Article and Section
headings, titles, and captions have been inserted for convenience only, and shall not be
considered or referred to in resolving questions of interpretation or construction. As used
herein, the singular shall include the plural and the masculine, feminine, and neuter shall
each include the other, unless the context dictates otherwise. All references herein to
"days" shall, unless indicated to be contrary, refer to consecutive calendar days.
IN WITNESS WHEREOF, Grantor has executed this Declaration on this day
of March . 1996.
OWNER/GRANT*
BY: DON L. JACK
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On MARCH 16 . 1996 before me, D. W. RYAN Notary Public,
personally appeared MR. DON L. JACK. personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacities, and that by
his/her/their signature(s) on this instrument the person(s), or the entity upon behalf of
which the person(s) acted^ executed %Rs instrument. WITNESS my hand and official seal.
Signature:
Notwy Public - CoBfomta
ORANGE COUNTY
My Comm. Expires SEP 3
CC&R COV 12/95
STATE OF CALIFORNIA—THE RESOURCES AC r •_
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
PETE WILSON, Governor
Don L. Jack
P.O. Box 2198
Date:
Waiver #
March 18. 1996
1447
WAIVER AUTHORIZATION
Carlsbad. CA 92018
Applicant:.Laaoon Waterfront LLC
Please be advised that you are hereby authorized to proceed with development
of your project, Waiver # 1447 , which was reported to the Commission
on March 15. 1996 Development of your project is subject to compliance
with all terms and conditions specified in the Waiver of Coastal Development
Permit Requirement already issued to you.
A copy of this Authorization must be presented with the Waiver to the local
building department. Should you have any questions, please contact our office,
PETER DOUGLAS
Executive Director
STATf Of CAdfOKHIt— THE PFTE WILSON, Govtrnor
CALIFORNIA COASTAL COMMISSION
SAN DitOO COAS' Ai't*
31", CAV,lh4C Dti ftU
SAN [>iFOO CA VJKrff
y.'-f ?t>J Date: Feprufrrv 2b, '996
JBen
SUBJfC HaWrr o* Coastal Development Permit Requirement/De M1n1ro1s
Developments-Section 30624.7 of the Coastal Act
Based on your project pUns and Information provided 1n your permit
application fui the development described be'ow, the t'xecotive D1recto» of the
Coastal CommU? 'on ^ereby waives the requlrefnent for 6 Coastal Development
Pormlt punuart to Section 13238.1, Title 14, California Administrative Code.
If, at a 1aler date, tM s Information Is found to be Incorrect or the plans
revUed, tMs dec's lor, win become \nvaHd; and, any development occurring
must cease v.'»tll a coastal development permit 1s obtained or any discrepancy
Is resolved in writing.
WAIVER #...1441. APPLICANT: _____ UflOjm.J^fer.fXfinJLiL£ ....... ..... _ ..... - __________
i OCA r ION ; 4ili AflJ AS7b Cove Drive. Carlsbad. San Dleoo
PROPOSLD OLVCLOPMrM Convert .gx|»H ng iv/o-stpry duplex to condo^lnJums OP
...... tatii. ..ua3.t-ua5tAlM..lniB.fi
feet.
RATlONAiF .Qob a change 1n type of ownership Is appproved herein: no
p.ayi.1.tiJ.JZei'B!.CMfiDt ts..fijriaiflis.efl, Iii&.£A l&iinfl. s t r.y c lur e ..1 i JLlMlAr . in
le..^.lLiiBr development In the neighborhood. The project will
in *ni id^erse Impacts to public acces? or public views — The .
o v i 0 . Ly . thfi . CLbLOf .. Car 1 sbad and J s. consist en 1. Jtl .UlJtllB..
Hcdlonda LajjiJ use- Mar, and Chapter 3 poHcles of the Coastal Act &nd _Vs
jl£JLfi.l QfimfiDl '•ojtlnelv approved by the Coastal Comfn1s_iloru
This waiver I not fiecome effective until reported to the Commission at the^r
..13-1&4 .iJJSi..... ...... meeting and the site of the proposed development
has been appropriately noticed, pursuant to 13054(b) of the Administrative
Code. The enclosed Notice Card shall remain posted at the site until the
waiver has been validated and no less than seven days prior to the Commission
hearing. If four (4> Commissioners object to this waiver of permit
requirements, a coastal development permit will be required.
$-"tfl/CW
CHARLtS OAMM " "~
South Coast 01 strict Director
cc : Comml ssloner s /HI e (6m