Loading...
HomeMy WebLinkAboutCT 81-25; Tiberio - Peacock; Tentative Map (CT)Rr.corjing required by, and U'hen recorded, mail tof NELLO TIBERIO & JAMES C. PEACOCK 10620 Firestone Boulevard Norwalk, CA 9065C /3 - S^^F / LINPINE 7' 2 d HOMEOWNERS ASSOCIATION 3208 LINCOLN STREET CARLSBAD, CALIFORNIA DECLARATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS and HOMEOWNERS ASSOCIATION REGULATIONS (Fourteen Units) LINEPINE CONDOMINIUMS 3208 LINCOLN STREET CARLSBAD, CALIFORNIA DBCLAPATION OF CCVENAIOTS, CONDITIONS AND RESTRICTIONS tOg)a\TNERS ASSOC IATIO>j REGULATIONS INDEX Title Page Number 1. Definitions 2 2. Use Resturictions 4 3. Voting 8 4. Meetings 9 5. Election and Tenure of Chairman 10 6. Management 12 7. Maintenance Fund: Assessments 16 8. Default in Payment of Assessments ' 19 9. Insurance 21 10. Mortgage Protection , . 24 11. l^xes and Assessments •. 25 12. Architectural Control Coimiittee 26 is. barrage to or Destruction of Irrprovonents at the Project ..... I .... 26 14. Alterations, Additions ard Iirtprovanents to Units 28 15. Alterations, Additions ard Improvements to the Canron Area 29 16. Provision of Municipal Services 29 17. condemnation ' 30 18. Encroachments 30 19. Association Bcx)ks £e Records; Financial Data 30 20. Partition and Power of Attorney 31 i Title Page Number 21. Amerdrrvent • 31 22. Ranedies 33 23. Interpretation 33 24. Captions ..... 34 11 WHEREAS, JAMES CLAYTON PEACOCK and NELLO TIBERIO, (hereinafter collectively called "Declarant") are the owners of all that certain real property located in the City of Carlsbad, County of San Diego, State of California and more particularly described as follows: LOT T OF CARLSBAD TRACT NO. 81-25, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. WHEREAS, Declarant desires to divide such real property into Condo- miniums (as hereinafter defined) and to impose thereon mutually beneficial re- strictions under a general plan or scheme: NOW, THEREFORE, Declarant hereby declares that the real property, upon recordation of this document and the Plan (as hereinafter defined), is and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved, subject to the following uniform limitations, regulations, convenants, conditions and restrictions (the "Restrictions"). Any conveyance or conveyances made by Declarant or any Owner (as hereinafter defined) of a Condominium in the Project (as hereinafter defined), shall incorporate the Restrictions by reference. These restrictions shall terminate 50 years from the date of their •execution, or thereafter at the end of successive periods of ten years, if, within six months prior to the expiration of the initial 50-year term, or any successive ten-year period, a written agreement terminating the Restrictions and executed by Owners holding at least 66-2/3% of the total votes hereunder is recorded in each County wherein these Restrictions are recorded. -1- Prior to any such termination date, there Restrictions, and each of the limitations, regulations, convenants, conditions, and restrictions set forth herein, shall run with such real property; shall inure to the benefit of and be binding upon all persons having or acquiring any right, title, or Interest in such real property or any part thereof; shall inure to the benefit of and be binding upon Declarant and any successor to Declarant's interest; and may be enforced by Declarant, by any such owner, or by any successor to the Interest of Declarant or of any such owner, or by the Association (as herein- after defined), 1. Definitions. (a) "Association" means Linpine Homeowners Association, the non-profit unicorporated association which hereby constituted and which is comprised of all the Owners. Each Owner shall become a member of the Association contemporaneously with acquisition of a Condominium, without further documentation of any kind, and shall remain a member so long as he remains an Owner. Association membership may not be sold, conveyed or otherwise transferred separately from the ownership of a Condominium. The Association's primary purpose is to enforce the Restrictions and thereby to provide for the preservation, maintenance, and archi- tectural control of the Project and promote the social welfare of persons residing thereat. Because the Project Includes only fourteen Units, no governing body will be elected, it being understood that the Owners shall constitute the governing body. In there Restrictions, the term "approval of the Association," or similar, shall mean approval of 66-2/3% of the voting power of the Association; similarly, if a vote of the Association is called for in a provision hereof, the affirmative note of 66-2/3% of the voting power of the Association shall be required for passage. •2- At any time after the first annual meeting of the Association, as hereinafter provided, the members, by affirmative vote of Owners holding at least 66-2/3% of the total votes hereunder, may elect to form a nonprofit corporation under and pursuant to the provisions of Section 9000 et seq. of the California Code. Such corporation shall have as its sole purpose the operation of the Project for the exclusive benefit of the Owners and at all times shall be subject to the Restrictions. Neither the Articles of Incorporation, Charter or By-Laws of such corporation shall in any way derogate, modify or contravene the Restrictions, which may be terminated or amended only in the manner hereinafter prescribed. Upon the termination or dissolution of the Association, its assets shall be distributed to public agency, or if such distribution is refused thereby, to a non-profit corporation or association, to be used fpr the same purposes as those for which the Association was created. (b) "Chairman" means the duly elected chairperson of the Association. (c) "Common areas" means the entire project excepting all units therein granted or reserved. The Common area consist of Laundry Room, Recreation Room, Spa, Quoits Court, Landscaped Areas, Driveways, Parking Spaces (13), Fences, Walls, Trash Area, Stairs, Landing and Balconies. The Common area is owned by the Owners as tenants in common, in equal shares, one for each Unit. A non-exclusive easement for ingress, egress and support through the Conraon area is appurtenant to each such Unit. (Sec. 1351 #4) The recreation room cannot now or any time during the life of this association be,converted into a living area. (d) "Condominium" refers to the real property in the Project conveyed by a deed from Declarant to a grantee thereof; and "Proposed Condominium" refers to the real property owned by Declarant which would become a Condominium upon its grant. (e) "Declarant" means James Clayton Peacock and Nello Tiberio. Declarant may assign any or all rights held by Declarant under the Restrictions. (f) "Mortgage" means a Mortgage or Deed of Trust placed on a Condominium or Proposed Condominium. "Mortgagor" Includes mortgagors, trustors under Deeds of Trust, and the Owner of a Condominium subject to a Mortgage. "Mortgagee" includes mortgagees, beneficiaries under Deeds of Trust, and the holders of Indebtednesses secured by Mortgages. (g) "Owner" means any person or persons, partnership, corporation or other entity which owns a Condominium. "Owner" also means Declarant with respect to a Proposed Condominum. A "Record Owner" means an Owner In whom title to a Condominium, or a Proposed Condominium, Is vested, as shown by the official records of the County Recorder of San Diego County, California. "Owner" and "Record Owner" do not Include Mortgagees. (h) "Plan" means a plan of the type described in Section 1350 ET Seq. of the California Civil Code, which applies to the Project and which has been recorded In the Official Records of San Diego County. (1) "Project" means that real property described In Exhibit A hereto. (j) "Unit" as defined In Section 1350 ET Seq. of the Civil Code means the elements of a Condominium which are not owned In common with the Owners of other Condominiums in the Project. 2. Use Restrictions. The Units and the Common Area shall be occupied and used only as follows: •4- (a) The Project is interded for residential use and, except for all teirporary uses v*iich iray facilitate the sale of CordCminiums and which are hereby permitted to Declarant or Declarant's assignees (including, but not limited to, the right to show Units, s1x>re materials, maintain a sales office, and display signs), for a period not to exceed one year after conpletion of building. Each Unit shall be occupied and used only for privatie residential purposes by the Owner and his family, or by lessees or guests of the Owner. Lessees of a Condominium shall occupy and use the leased pranises in accordance with the Restrictions (and any lease or rental agreement of a Cordominium shall so provide), ard the Owner of a Condominium shall at all times be responsible for any and all actions of his lessees in connectdLon with the lessees* use of the leased premises. (b) Subject to the provisions of the Restrictions, use of the Cornnon Area shall be in accordance with, ard svibject to, rules ard regulations established by the Association and the Association is autiiorized to adopt such rules or regulations, ^-ftritten copies of these, and any other rules or regulations promulgated by the Association pursuant to the Restrictions, shall be given to all Owners within seven days of their pronulgation. (c) Nothing shall be done or kept in any Unit or in the Carmon T^ea which will ir>crease the rate of insurance thereon, witiiout the prior written approval of the Associati.on. Such approval nay be withdrawn at any time. No CMner shall permit anything to be done or kept in his Unit or in the Conrron Area which will result in the cancellatn.on of insurance on the CorrtTDn Area or which would be in vio- lation of emy law. No waste shall be ccnndtted in the Corrtnon Area nor shall anything be stored in, consturucted on, renoved from or allowed to obstruct the Conrvon Area, without the prior written approval of the -Association. Nothing in the Restrictions shall limit the right of Declarant to alter construction of ijrprovements to or on the Coirmon Area or to or in Units owned b^' Declarant, or to construct such additional -5- inprovemsnts as Declarant deems advisable, prior to ccnpletu.on of the sale to pur- chasers ot±er than Declarant of all the Condominiums. (d) ND sign of any kind shall be displayed to the public view on or from any Unit or the Corrmon Area, without the written approval of the T^sociation, except such signs as iray be used by Declarant in connection with the sale of Cordo- nujiiums, or signs for sale, lease or rent which shall not exceed a dimension in excess of 2 feet by 3 feet. (e) Animls shall be allcwed within the Project, subject orily to such reasonable, rules and regulations (if any) as the Association nay adopt from time to time. (f) No Owner shall permit or suffer anything to be done or kept in his Unit or in the Common Area which will obst:ruct or interfere with the rights of occupants of other Units, or annoy tliem by unreasonable noises or otherwise; nor shall an Owner iraintain or permit any nuisance in his Unit or the Coirrron Area, or conrnit or suffer any iirmoral or illegal act to be carmitted therein. The 0.-nner shall corply with all of the requirements of the Board of Health and of all other governmental authorities with respect to said Unit and the Corrtnon Area. (g) No professional, ccmrercicil or industrial operations of any kind shall be conducted in or upon any Unit or the Ccranon Area, except such torv- porary i:ises as shall be permitted by Declarant while the Condcminiums are being sold. (h) All parking spaces .shall be used- solely by CMners, meirbers of their families, their guests or lessees. All parking spaces shall be used solely for the purpose of parking motor vehicles (as defined by the Motor Vehicle Code of the State of Ccilifomia) having length and width not exceeding that of the parking space used. No parking space or spaces shall be used by, rented or leased to any person except in conjunction wit±i the occupancy of a Cordominium. The provisions of this paragraph pertaining to the use, letting or occupancy of the parking spaces -6~ may not be amended, modified or changed in any manner without first obtaining the written consent of the City of Carlsbad. There shall be no use made of any such parking space which creates an unsightly appearance or which may cause damage to any Unit, or to the Common Area. (1) No restrictions adopted by the Association on the use of a Unti shall be based on race, religion, sex or place of national origin. (j) Each Owner shall be liable to the Association for any damage to the Common Area or any equipment thereon which may be sustained by reason of the act or omission of such Owner, or of his lessees, occupants, guests or Invitees, to the extent that any such damage shall not be covered by insurance. Each Owner by the acceptance of this respective Grant Deed shall indemenify and hold harmless, from any claim for personal injuries or property damage occuring within the confines of his Unit, each and every other Owner, the Association, the Chairman and all employees of the Association, unless such injury or damage shall occur by reason of the negligence of such other Owner, Chairman, Association or the employees of the Association. (k) Each Owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the Inner surfaces of the walls, ceilings, floors, windows and doors bounding the airspace comprising such Owner's Unit (1) Each Owner, at his sole cost and expenses, shall maintain and repair his Unit, keeping the same in good condition and appearance. •7- (m) Each Owner shall be entitled to the exclusive use. (subject to such rules as the Association rray provide) of the private storage area conveyed to him as part of his Unit. (n) Owner's individual outside television or radio antennas are prohibited. Declarant shall provide for the Project eitJier a central antenna with connections to each Unit via underground or intemal wall wiring, or appro- priat:e connections to allcw cable antenna service to each Unit, v^ich service shall be provide by a oonpany licensed to provide such service within the City of Oceanside. 3. Voting. At any meetdng of the T^sociation, each member, shall be entdtled to cast one vote for each Cbndcminium. Any Owner iray attend and vote at any meeting in person, or by a proxy duly appointed by an instrument in writing signed by the Owner ard filed with the Chairman. Any designation of a proxy to act for an Owner shall be for a term not to exceed eleven rronths tinless otherwise expressly provided therein, nay be revoked at any time by written notzice to the Chairman, and shall be deemed revoked when the. Chairman receives actual notice of tlie death or judicially declared incorrpetence of such O/mer or of the Conveyance of his interest in his Unit. Where there is more then one record Owner of a Condominium, all of such Owners may attend any meetdng of the Association, but it shall be necessary for those present to act tjnanimDusly in order to cast vote to which they are entitled. Any designation of -8- a proxy for such vote must be signed by all such Owners. For other provisions relating to voting, see Section 1(a) above, and Section 21 below. 4. Meetings. All meetings of the Association shall be held at the Project. The presence in person or by proxy, at any neeting of the Association, of Owners having 66-2/3.% of the tot^l votes shall constitut:e a quorum for the transaction of business. In the absence of a quorum, any meeting of the Association, by vote of two Qn?ners present in person or by proxy, nay be adjourned to a time not less than five days rvor wore than ten days from the date of the original meeting, but nb other business may be transacted. At any suchadjor.ned meeting, the •• presence in person or by proxy of Owners having 50% of the total votes shall con- stitute a quorum for the turansaction of business. The Owners present at a duly called or held meeting at v;hich a quorum is present rray continue to do business xintil adjournment notwithstanding the withdrawal of Owners having sufficient votes to leave less than a quorum. Unless otherwise expressly provided in the Pjestrictions, any action may be taken at any meeting of tlie Association vpon the affirmative vote of a majority. (a) Ihe first annual meeting of the Association shall be held within 45 days after the closing of the sale of the eighth Unit of the Project, but in no event later than six months after the closing of the sale of the first Unit, vpon not less than ten nor more than 30 days written notice to the Owners, given by Declar- ant, specifying the day, place and hour of the meeting. Subsequent annual meetings of Owners shall be held on a date and at a time and place set by the Chairman, pursuant to written notice delivered to the Owners not less than ten nor irore than 30 days prior to the date fixed in the notice for such meeting, specifying the date, place and hour of the meeting. -9- (b) Special rreetings of the Association may be called at any tirre for the purpose of considering matters vhich, by the terms of the Restrictions, require the approval of all or scare of the Owners, or for any other reasonable purpose. Such meetings shall be called hy written notice, signed by the Chairrran or by Owners representing not less than 50% of the total votes of the Association, and delivered not less than ten nor nore than 30 days prior to the date fixed in the notice for such meeting, speci^ing the day, place and hour of the neeting and •the nature of the business to be undertaken. (c) The transactions of any meeting of the Association, however called and noticed and wherever held, shall be as valid as though had at a meeting duly held after regular call and notice, if a quorum be present either in person or by proxy, and if, ei.tJier before or aftier the meeting, each Owner not present in person or by proxy signs a written waiver of notice and consent to the holding of such a meeting, or an approval of the minutes thereof. All such waivers and consents or approvals shall be made a part of the minutes of the rreeting. (d) Any action vihich, pursuant to the Restrictions, may be taken at a meeting of the Association, may be taken without such a meeting if authorized in writing by all of t±e Owners. Any such authorization shall be kept with the minutes of neetings of the Association. 5. Election and Tenure of the Chairrran. 'Subject to Section 6 (a) below, at each annual neeting of Owners, the Oivners shall elect a Chairrran to seirve for one year. The candidate receiving the highest nuiriber of votes shall be deemed elected. A Chairman iray seirve any nuiriber of consecutive terms, rray resign at any time by giving written notice to the other Owners, and iray be reiroved by Owners representing 66-2/3% or nore of the voting power of the Association. Rights and duties are as follows: -10- (a) The Chairman shall preside at all meetings of the Association; see that orders and resolutions of the Association are carried out; sigri all written instruments authorized to be executed by the Association; appoint such committees frc«rr airong the Owners, from time to time, as he may in his discretion deem appropriate, to assist in the conduct of the affairs of the Association; and perform sucli other duties as nay be reguired by the Association.. (b) The Chaiman also shall certify and keep, at such place as the /Association may order, a copy of the Itestrictions as amended or otherwise altered; a Book of Minutes of all meetings of the Association, recording therein the tirre and place of holding, how authorized, the notice thereof given, and the proceedings thereat; see that all notices are duly given in accordance with the provisions of the Restrictions; be custodian of the records of the Association; keep a Book of Owners containing the name and address of each Owner, and of each person permanently occupying a Unit; and exhibit at all reasonable times to any Owner, the Restrictions, Book of Owners and Book of Minutes of the neetings of the Association. (c) The Chairrrran also shall receive and have charge of all funds of the Association and disburse such funds only as directed by the Association; keep proper books of account and exhibit them at all reasonable times to any Owner; and prepare and distribute financial data as provided in Section 19 below. (d) No Chairrran shall be liable to the Owners for any mistake of judgment, negligence or otherwise, except that a Chairrran shall be liable for his own willful misconduct or gross negligence. The Owners shall indenmify and hold harmless each Chairman against all contractual liability to others arising out of contracts made on behalf of the Association, unless the making of any such coniuract demonstrates willful misconduct or gross negligence. Any liability of an Owner arising from a contract nade by the Chairrran shall be in the same proportion as -11- assessments made pursuant to Section 7 of the Restrictions. The provisions of this paragraph shall not preclude claims for property damage or bodily injury by Owners, against any insured under any policy of liability insurance. (e) The Chairman shall serve without compensation, unless compen- sation is approved by the unanimous vote of the Owners. 6. Management. (a) The Chairman shall have the right, power and duty to do all things for the management and operation of the Association and the Project, and to enforce the Restrictions and other instruments for the ownership, management and control of the Association. Subject to the Restrictions, the powers of the Chair- man shall include, but not necessarily be limited to, the power to do the specific acts therein enumerated. Until the Declarant ov;ns fewer than seven Units, Declarant or its designated representative shall be the Chairman. (b) Except as otherwise provided in the Restrictions, the Chairman, for the benefit of the Project, the Association and the Owners, shall have the ex- clusive right, power and duty (among other things) to provide, acquire and pay for out of the maintenance fur\d hereinafter provided for, the following: (i) Water, sewer, garbage, electrical, gas and other necessary utility services for the Common Area and, if not separately metered or charged, for the Units. (ii) Insurance coverage pursuant to Section 9 of the Restrictions, (iii) Taxes and assessments which are or could become a lien on the Common Area or a portion thereof. (iv) Delegation of powers to committees or employees of the Association, including, with the unanimous approval of the Association, to a person or firm (hereinafter "the Manager") to manage the affairs of the Association or to -12- undertake a substantial portion of the duties, powers or fimctions of the Chairman; and, with approval of the Association, to such other personnel as the Association may determine to be necesscury or desirable for the operation of the Comnon Area, whether such personnel are enployed directly by the Chairman or are furnished by the ^lanager. (v) Legal and accounting services necessary or property in connection with the handling of the affairs of the Association, including, but not limited to, the enforcement of the Restrictions. (vi) In the discretion of the Chairrran, a fidelity bond naming the Chairman, Nfanager, and such other persons as the Chairman nay designate, as principals, and the Owners as obligees, in such amount as the Chairman nay deem adequate. (vii) Painting, maintenance, repair and all landscaping of the Cc«mon Area, as the Association shall determine is necessairy and desirable, provided that the term of any. service contract shall corply with Section 6 (h) below. (viii) Ml such materials, supplies, furniture, labor, sei^rices, naintenance, landscaping, repairs, structural alterations, insurance, tzaxes and assessments and other items which the Chairrran or the Association iray . be required to secure or pay for pursuant to the terms of the Restirictions, or by law, or which in the opinion of the Association shall be necessary or desirable for the operation or well-being of the Common Area, or the Units, or for the enforcement of the Re- strictions; provided, that, if any such items are paid or provided for particular Units or Owners, the cost thereof shall be specially assessed to the Owners of such Units or to such Owners. Unless the Owner of a Unit consents in writing thereto, such items shall not be provided or paid for such Unit, unless reasonably necessary, in the judgenent of the Association, to protect tire Common Area or the Project, and -13- the Owner of such Unit has failed or refused to provide or pay for then within a reasonable time after written notice to t±at effect from the Chairman. (ix) Any amount necessary to discharge any lien or encumbrance levied upon the entire Project or any part thereof which in the opinion of the Chair- nan nay constitute a lien against the Common Area, rather than merely against the interests therein of particular Owners. Wheire one or irore Owners are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it, and any costs incurred by the Chairman or the Association by reason of said lien or liens shall be specially assessed to such Qvner or Owners. (x) Preparation of an annual operating statement reflecting the income and expenditures of the Association, and delivery of a copy of such state- ment to each Owner within 30 days after conpletion thereof, but in any event rro later than 90 days after t±e end of the fiscal year of the Association. (c) The Chaiman, the Manager or any agent of either of them, may enter any Unit when deemed necessary in connection witir any maintenance, repair, landscaping or construction for vhich the Association, the Chairrran, the Manager, or any agent of any of them, is responsible. Such entry shall be made with as little inconvenience to the Owner or occupant of the Unit as possible, and any darrage caused thereby shall be repaired by the Association and charge to the iraintenance fund. » (d) The Chairrran rray designate one or more banking institutions as depository for the Association's funds, and'may make or autJiorize withdrawals there- from. An interest-bearing account shall be established, to be used exclusively for the maintenance reserve funds referred to in Exhibit B hereto, but this requirement shall not limit the power of the Chairrran to draw upon such fund. -14- (e) The Chairman shall have the power to borrow money on behalf of the Association, for Association purposes. A resolution by the Association, executed by the Chairman and any other Owner, that the interests of the Association require the borrowing of rroney shall be sufficient evidence for any person that the borrowing is for a proper purpose. The Chairman shall not borrow amounts totaling in any calendar year in excess of $3,000 without first obtaining the written approval of Owners holding at least 66-2/3% of the total votes hereunder, or in excess of $6,000 witiiout the appiroval of all Owners. (f) The Chairman may levy a monetary charge (not to exceed $50) and may suspend the votir>g privileges of an Owner, in the event such Owner breaches t±e Restrictions, as determined by the Chairman. No such charge or suspension shall be made until (i) the Chairman serves a written notice upon such Owner requiring him to refrain from the action constituting a breach of the Restrictions, requiring such Owner to remedy the damage caused by the breach, and notifying him that, rra less tlian seven nor more than 30 days frcm the date such notice is served, a hearing will be held by the Association, at vhich hearing such Owner shall be permitted to show cause vhy such charge or suspension should not be made; (ii) such Owner has failed to refrain from such action and renredy such damage, as determined by the Chairman, by such hearing date; and (iii) the hearing provided for in such notice shall have been held, and the deter- mination of the Chairman affirmed. (g) Any charge levied by the Chairman, provided herein, may be enforced in the same iranner as enforcements under Section 8 of defaults in the payments of assessments. Suspended voting privileges, as provided herein,, shall be reinstated immediately upon a determination by the Chairman that such Owner has refrained suffi- ciently fron the action constituting a breach of the Restrictions, and has remedied any damage caused by such breach. The rights granted the Chairman under this paragraph -15- shall not be exclusive, but shall be in addition to any other rights the Chairman may have to enforce the Restrictions. (h) The Chairman shall be prohibited from taking either of the following actions, except with the vote or written assent of 66-2/3% or more of the votes of Owners. (i) Enter into a contract with a third person, for the furnishing of goods and services for the Common Area or for the Association, for a term longer than one year; except a management contract, the terms of which have been approved by the Federal Housing Administration (or any successor body) or Veterance Administration; or a prepaid casualty or liability insurance policy of not to exceed three years' duration, if such policy permits short rate concellation by the insured. (ii) Sell, during any fiscal year, property of the Association having an aggregate market value greater than 5% of the budgeted gross expenses of the Association for such year. 7. Maintenance Fund: Assessments. (a) The annual assessment rate, including the calendar year during which the first annual meeting is held, is declared to be $105.00 . Declarant will maintain the Common Area of the project at its own expense, and no assessment shall be made, until the date of the first transfer of a Unit to an Owner. For the purposes of this paragraph, "transfer" shall mean the recordation of documents of transfer, if such documents are recorded, otherwise the due execution thereof. As each Unit is transferred, its Owner shall become liable for his share of the assess- ment, on a pro rata basis, for the part of the calendar year then remaining. Declarant shall remain liable for the assessment on all Units not transferred, on a pro rata basis, unitl the last Unit is transferred to an Owner by Declarant. Upon subsequent •16- transfer by Owners (other tlian Declarant), personal liability for assessments shall be pro rated to the date of such transfer. (b) Not less than 60 days prior to the beginning of each fiscal year the Chaiman shall prepare and distribute to each Owner a pro forma operating statement (budget) for such year showing tJie Board's estimate of charges to be paid during such year (including a reasonable provision for contingencies and replace- nents) less any expected balance (exclusive of any reserves) at the end of the current year, less any expected income in such succeeding year. The estiirated resulting cash requirement shall be assessed to the Owners (including Declarant) in the proportion set out on the schedule attached hereto as Exhibit B, and one-twelfth (1/12) of the amount assessed to each Owner shall be due and payable on the first day of each calendar month during the applicable year. Notwithstanding anything herein to the contrary, no such regular annual assessment shall be more than 20% greater than the regular assessniBnt for the immediately preceding fiscal year without the approval, by vote or written assent, of Owners holding at least 66-2/3% of t±ie total votes hereunder. If such estimated cash requirement proves inadequate for any reason, including nonpayment of any Owner's assessment, the Chairrran, at any time, may levy a fvrrther assessment, which shall be assessed to tlie Owners in like proportion unless otheiA'/ise provided herein. The Chairrran shall give each Owner written notice of the total amount of such further assessirent, the amount thereof assessed to such Owner and the date or dates upon vAiich said amount or portion thereof shall be due and pay- able. Each such payment so indicated in the written notice shall be due and payable on the indicated date. The total airount of all such further assessirents in any fiscal year shall not exceed 5% of the budgeted gross expenses of the Association for such fiscal year, unless all such assessirents shall be approved, by vote or written assent, by Owners holding 66-2/3% or more of the total votes hereunder. -17- (c) If any assessment provided for in the Restrictions is not paid within ten days after the date on which it is due, the Chairman may require t:he delinquent Owner to pay a late charge of an anount not greater than ten percent (10%) of the anount of the assessnoit. (d) The failure of the Chairman or tJie Association to fix assess- ments for any 12-irDnth period prior to the cortnencement of such period shall not release the Owners from their obligation to pay assessments, or any installment, for such period. In such event tJie assessment fixed for the preceding 12-month period shall continue until a new assessment is fixed. (e) In connection with a voluntary grant or conveyance of a Con- dcminium, the grantee of the same shall be jointly and severally liable witJi the grantor for all impaid assessments owed by the grantor up to the date of tiie grant or conveyance, without prejudice to any right of the grantee to recover from the grantor the amounts paid by tJie grantee tJierefor. However, any such grantee shall be entitled to a statement frtxn the Association, setting forth the amount bf the unpaid assessments due to the Association from such grantor, and such grantee shall not be liable for, nor shall the Condcaninium conveyed be subject to a lien for, any unpaid assessmsnts owed to the Association by the grantor in excess of the amount set forth in such statement; provided, however, the grantee shall be liable for all assessnents which become due after the date of any such statement. (f) All funds collected hereunder shall be expended for the pur- poses designated in the Restrictions. Amendments to this Section 7 shall be effective only upon the unanimous written consent of the Owners. No Owner may waive or other- wise escape liability for the assessments pro'vided for herein by nonuse of the Common Area or abandonment of his Unit. -18- (g) The Chairman at any time nay designate part or all of any assessment levied hereunder as a contribution to the capital of the Association. 8. Default in Payirvent of Assessments. Each assessment provided for in the Restrictions shall be a separate, distinct and personal debt and obligation of the Ofjner against vhcm it is assessed. In the event of a default or defaults in the payment of any such assessment or any late payment charge attributable thereto, and in addition to any other remedies herein or by law provided, the Chainran iray enforce each sxx:h obligation as follows: (a) By suit or suits at law to enforce each such assessment obli- gation. Each such action must be aut±orized by the Association ard shall be brought in the name of the Association, which shall be deemsd to be acting on behalf of all of the Owners. Any judgment rendered in any such action shall include, where per- missible under law, interest, costs ard a sum for reasonable attorneys' fees in such amount as the Court rray adjudge against such defaulting Owner. Upon full satis- faction of any such judgment, it shall be the duty of the Chaiman, with any other member of the Association, acting in the name of the Association, to* execute and deliver to the judgment debtor an appropriate satisfaction thereof. -19- (b) At any time within 90 days after the occurrence of any s\x:h default, the Chairman may give a notice to the defaulting CMner, vhich .notice shall state the date and 1±e amount of the delinquency and make a demand for payment there- of. If the delinquency is not paid within ten days after delivery of such notice, tJie Association may elect to file a claim of lien against the Condcminium of the delinquent Owner. Such claim of lien shall state: (i) Tire name of the Record Owner of the Condominium; (ii) A description of the Condcminium against which the claim of lien is nade; (iii) The amount claimed 1:o be due and owing (with any proper offset allowed), including interest on such anount at the rate of ten percent (.10%) per annum or such other legal rate as the Association may designate from tinre to time, costs ard reasonable attorneys' fees; (iv) That the claim of lien is nade by the Association pursuant to the terms of the Restrictions (giving the date of execution and iJie date, book ard page references of the recording thereof in the Office of the Recorder of San Diego County); and (v) That a lien is claimed against such Condominium in an airount equal to the total airorant claimed to be due and owing. Any such claim of lien shall be signed and acknowledged by the Chair- roan arTd any other Owner, and shall be dated ^s of the date of its execution by the last^person to execute the claim: Upon recordation by the Recorder of San Diego County of a duly executed original or duly executed ccpy of such claim of lien, the lien claimad therein immediately shall attach and becore effective, si±)ject only to the limitations hereinafter set forth. •20- Each default shall constitue a separate basis for a claim of lien or a lien. Any such lien may be foreclosed by appropriate action in court or in the manner provided by law for the foreclosure of a mortgage under power of sale. In the event such foreclosure is by action in court, reasonable attorneys': fees shall be allowed to the extent permitted by law. In the event the foreclosure is as in the case of a mortgage under power of sale, the Chairman, or any person designated by him in writing, shall be deemed to be acting as the agent of the lienor (mortgagee) and shall be entitiled to actual expenses and such fees as may be allowed by law or as may be prevailing at the time the sale is conducted. The certifcate of sale shall be executed and acknowledged by any two Owners or by the person conducting the sale. For the purposes of this section, a certificate executed and acknow- ledged or made under penalty of perjury by any two Owners shall be conclusive upon the Owners in favor of any and all persons who rely thereon in good faith as to the matters therein contained. In the event any claims of lien have been recorded as herein provided, and thereafter the Association shall have received payment in full of the amount claimed to be due and owing, then, upon demand-of the Owner or his successor and payment of reasonable fee not to exceed Ten Dollars ($10), the Association, acting by any two Owners, shall execute and acknowledge a release of lien, stating the date of the original claim of lien, the amount claimed, the date, book and page wherein the claim of lien was recorded, the fact that the lien has been fully satisfied and the fact that the particular lien is released and discharged. Such release of lien shall be delivered to the Owner or his successor upon payment of the above fee. 9. Insurance. (a) The Chairman shall obtain and maintain to the extent obtainable the following policies of insurance: -21- (i) Fire insurance, with extended coverage endorsement, for the full insurable replacement value of all of the improvements of the Project, payable to the Association for the benefit of the Owners and their Mortgagees as their re- spective interests may appear. Such insurance shall provide for a separate Mortgagee Clause in favor of the Mortgagee or Morgagees (if any) of such Condominium. As to each such policy, if it will not be voided or impaired thereby, the Owners hereby waive and release all claims against the Chairman and the Declarant, and the agents and employees of each of them, with respect to any loss covered by such insurance, whether or not caused by negligence of or breach of any agreement by such persons, but only to the extent of the insurance proceeds received in compensation for such loss. Within three days after he has obtained such insurance for the benefit of the Owners, the Chairman shall give each Owner written notice thereof and within 15 days after such notice, each Owner shall execute any and all documents necessary to effectuate fully said coverage with respect to his Unit. (ii) Public liability insurance insuring the Association, the Chairman, the Owners, the Declarant, and the agents and employees of each of them, with liability not less than One Million Dollars ($1,000,000) for any one person injured. One Million Dollars ($1,000,000) for any one accident and One Million Dollars ($1,000,000) for property damage, with such limits to be reviewed at least annually by the Association and increased in its discretion. All policies shall contain, if obtainable, a cross liability endorsement insuring each insured against liability to each other insured. With the approval of the Association, this insurance may insure against the individual liability of an Owner for negligence occuring within his Unit or the Unit of any other Owner. (iii) Workmen's compensation insurance as required by law. (a) Before awarding contracts to independent contractors certificates of Workmen's Compensation is required. (iv) Such other insurance as the Association may determine, (b) The following general insurance provisions shall apply: (i) The Chaiman shall deal \jith the insurer or insurance agent in connection with the adjustment of all claims covered by insurance provided for in tJie Restrictions (except policies obtained by the Owners); shall review such insurance witJi the insurer or insurance agent, at least annually, such review to in- clude at least an evaluation of improvements within the Project; and shall make any necessary changes in order to meet the coverage requiranents of the Restrictions. (ii) The Chaiman shall rrake every effort to see that all policies of physical damage insurance (including fire and extended coverage insurance policies): A. Contain waivers of subrogation by tJie insurer as to claims (except in cases of arson or fraud) against the Association, t±e Chaiman, the Owners and members of the family of any Owner who nay reside with such Oivner; B. Contain an "agreed amount" or "replacement cost" en- dorsement suspending co-insurance provisions, and a waiver of defense of invalidity on account of the conduct of any of the 0.^niers over which the Association has "no control"; C. Provide tihat such policies may not be cancelled or substantially modified without at least 30 days written notice to the Association and all other insureds thereunder and their respective Mortgagees; D. Provide that in no event shall the insurance under said policies be brought into contribution with insurance purchased individually by Owners or their"respective Mortgagees; and; E. Contain an "additional expense" endorsement covering expenses of Owners (including without limitation. Mortgage, tzax and maintenance -23- expenses) incurred during the period between the occurrence of any damage to or destruction of inprovements at tJie Project, and either the ccxrpletion of the re- building of such ijiprovements, or the paynent of applicable insurance proceeds following a determination not to rebuild pursuant to Section 13 of these Restrictions. (iii) The Chairman shall be deemed the trustee of the interests of all Owners in any insurance proceeds paid to him or to the Association under any insurance policy paid for or acquired by the Association, and shall have full power to receive and to receipt for the Owners' interests in such proceeds and to deal therewith. (c) Each Owner nay obtain insurance, additional to any policy or policies of insurance obt^ained by the Association, at such Corner's own expense; provided, hcwever, that obtaining such insurance shall not relieve such Owner of any obligation he might otherwise have to pay (pursuant to assessment) for insurance acqiired by the Association; and provided, further, that no Owner shall be entitled to exercise his right to naintain insurance coverage in such a way as to decrease the anount which the Association, on behalf of all of the Owners, might otherwise realize under any insurance policy obtained by the Association. Any Owner who obtains in- dividual insurance covering any portion of the Project (other than personal property belonging to such Owner) shall be required to file a copy of each such policy with the Chairrran within ten days after its receipt. Each Ovner shall be required to notify the Chairman of all inprovements rrade by the Owner to his Unit, the value of which is in excess of One Thousand Dollars ($1,000). 10. Mortgage Protection. Notrwithstanding all other provisions of the Restrictions: - (a) The liens upon a Condominium vhich may be created under the Restrictions shall be subject and subordinate to, and neither such liens nor any -24- breach of the Restrictions shall affect the right of the holder of tJie indebtedness secured by any recorded first mortgage (meaning a mortgage with first priority over other nortgages) upon that Condominium made in good faith and for value; provided, that, after the foreclosure of any such mortgage there may be a lien creat:ed under this .Declaration on the interest of the purchaser at such foreclosure sale to secure all assessments, vhether regular or special, assessed under t±ie Restrictions to such purchaser as an Owner, after the date of such foreclosure sale. Such lien, if claimed as provided in these Restrictions, shall have the same effect and be enforced in the same manner as other liens provided herein. (b) No amendment to these Restrictions shall affect the right of the holder of any mortgage recorded prior to recordation of such amendment, who does not join in the execution thereof. (c) By subordination agreement executed with the approval of the Association, the benefits of subsection (a) above may be extended to the holders of indebtednesses secured by nortgages not otherwise entitled thereto. 11. Taxes and Assessn>ents. Each Owner shall execute such instruments and take such action as reasonably may be required by tiie Association to obtain a separate real property tax assessment for each Condonrinium. Each Owner shall be obligated to pay all taxes or assessments, assessed by a proper governmental body against that Owner's Unit, personal property, or interest in the Coimon Area. Further, each Owner shall be obligated to pay an assessment by the Association for a portion of any taxes or assessments assessed by a proper governmental body against the Project or any part of tJie Cc«nmon Area. Any such assessment shall be assessed in the same proportions as assessments made pursuant to Section 7 of the Restrictions, such payment to be nade to • the Chairrran at least 30 days prior to the date such tax or assessment would become delinquent. Such assessrrient may be enforced in the manner provided in Section 8 hereof. -25- 12. Architectural Control Carrrittee. In the event it becones necessary to perform the functions set forth in Sections 13 to 15 of these Restrictions, the Chairrran shall designate two persons to act as an Architectiral Control Ccmittiee (hereinafter, the "Committee") to perform such functions. The Committee shall act by unanimous vote, but in t±ie event of a tie vote, t±ie Chairman nay intervene to cast the deciding vote. One member of t±ie Committee shall be an Owner ard the other member may be an Owner or a licensed architect or landscape architect or a person having qualifications and experience in the field of residential land planning. Member- ship on the Cormittee shall be for a term of two years. In case of the death or resignation of any member of the Ccmnittee, t:he Chaiman shall appoint a successor to serve the unej^jired term. Within ten days after the appointment of a Cormittee or any change in the membership thereof, the Chairman shall cause written notice of said appointment or change, setting forth the name, address and qualifications of each newly appointed member, to be given to the Owners. 13. Damage to or Destruction of Improvements. If inprovements of the Project are danaged or destroyed by fire or other casualty, ard the replacement cost of such inprovements is less than 75% of the replacement cost of all of the iirprove- ments of the Project, such damaged or destroyed iirprovements shall be rebuilt, sub- ject to this Section. If such replacement cost is 75% or more as determined above, such damaged or destroyed inprovements may he rebuilt, si±)ject to this Section, upon the iinanimous affirmative vote of Owners and, in the absence of such affirrrative vote, insurance proceed:^ shall be used to deirolish and rerrove rerraining iirprovements and any excess insurance proceeds shall be paid to the Owners (ard their Mortgagees as their interests may appear) in the same proportion as assessments are levied pursuant to Section 7 of these Restrictions. In the event insurance proceeds are -26- insufficient to acccirplish such demolition and removal, then the Chairman shall levy a special assessment upon the Owners, in the same proportion as assessments levied pursuant to Section 7 of tJiese Restrictions, to irake up the deficiency. (a) Any rebuilding of inprovements pursuant to tJiis Section shall be in accordance with the original plans and specifications thereof, unless changes or deviations from such plans and specifications are approved in writing by the Ccarmittee and by Owners holding at least 66-2/3% of the total votes hereunder. In the event the Conmittee fails to approve or disapprove such changes or deviations withiii 30 days after appropriate plans and specifications have been stibmitted to it, the Committee's approval shall be deemed given. (b) If less than 90% of the cost of rebuilding inprovements pur- suant to this Section of the Restrictions is covered by insurance proceeds, such rebuilding shall be done only upon the affirmative vote of Owners holding at least 66-2/3% of the total votes hereunder. If such vote is obtzained, or if insurance proceeds will cover at least 90% of the cost of rebuilding inprovenents, any dif- ference between the amount of available insurance proceeds and the cost of rebuild- ing shall be paid for by the Owners upon the levy by the Chairman of a special assess- ment in the sane proportion as assessments levied pursuant to Section 7 of these Res trietions. » (c) In the event of any proposed rebuilding of improvements at the Project, the Chairman shall obtain firm bids,(including an obligation to obtain performance and payment bonds) from two or more responsible licensed contractors to rebuild such inprovements, ard the Association shall select that bid it considers most favorable,'even if not the lowest bid. (d) Ml assessments made pursuant to the terms of this Section may be enforced in the manner provided in Section 8 of these Restrictions. -27- 14. Alterations, Additions and Irrprovarrents of Units. Except for the purposes of proper maintenance and repair, and except as provided in this Section, no Owner or any other person or entity shall install, erect, attach, apply, paste, hinge, screw, nail, build or construct any lighting, shades, screens, awnings, patio covers, decorations, fences, aerials, or make any changes or otherwise alt:er v^atso- ever the exterior of any Unit, or any element thereof, without first obtaining the written approval of the Association or, if the proposed alteration would, in the judgment of any Owner, substantially affect the exterior appearance of the Unit, without first obtaining the written approval of the Ccmmittee after the submission to the Ccsrmittee of conplete plans and specifications for the alteration. The Oanmittee's approval or disapproval shall be in writing. In the event that the Com- mittee fails to approve or disapprove within 30 days after t±ie appropriate plans and specifications have been submitted to it, approval will be deemed given and corpliance with the terms of this Section conclusively presumed. For the purposes of this Section the term "exterior" shall mean any outside walls, windows, outward surfaces, roofs, outside doors, patios, decks, terraces, garages, parking spaces or other outside portions of a Unit or any element iJiereof. Nbtiwithstanding anything to the contrary herein contained, there shall, be no impairment of the structural integrity of any party wall without the prior consent of all Owners of any interest therein. The labor performed or serrvices or material furnished hereunder with the consent, or at the reguest, of any Owner, his agents, contractors or sub- contractors, shall not be the basis for the filing of a lien against the Condominirjm of any other Owner or against any part tiiereof, unless such other Owner has ex- pressly consented to or requested the perfomance of such labor or the fumishing of sugh materials. -28- 15. Alteration, Additions and Inprovements to the Corrtron Area. Other than pursuant to Section 13 of the Restrictions, there shall be no structural alter- ations of, capital additions to, or capital inprovements of the Ccanmon Area requiring a total expenditure in excess of Five Thousand Dollars ($5,000) in any calendar year without the prior approval of Owners holding at least 2/3 of the total votes, and no such alteration, capital addition or capital inprovemsnt requiring any such ejqpenditure in excess of Ten Thousand Dollars ($10,000) without the prior approval of all O^ers. Structural alterations of, capital additions t:o, or capital inprove- ments of the Conmon Area vhich vould have a substantial effect on the appearance of the Ccxrnon Area or the Project shall require the written approval of the Committzee, after submission by the Chainnan to the Ccxrmittee of oorplete plans and specifica- tions for the proposed work. In the event written approval or disapproval has not been obtained within 30 days from the date of such submission, approval shall be deored given. 16. Provision of Municipal Services. Domestic water supply and sanitxiry sewer service to each Unit and the Conrron Area is provided by the City of Carlsbad (hereinafter, the "City"), on a basis ccnparable to that established for the pro- vision of such services to property owners in the City whose property, fronts upon dedicated City streets. To assure the City of access to maintain and repair its • « services and facilities and for the provision of police and fire protection, the Association shall keep all accessways, driveways and appurtences thereto on the Project in a state of good condition and repair, consistent with the standard of quality of said accessways, driveways and appurtenances as of the date of the origi-nal recordation of these Restrictions. T^y governmental department, bureau or agency having jurisdiction shall have the right of iirmediate access to the Carmon Area of the Project at all tines for -29- the purpose of preserrving the public health, safety and welfare, except in tJiose instances vhere the Comron Area is accessible only through a Iftiit. Nbtice of this right of governmental access shall be prominently displayed in the Corrron Area of the Project. 17. Condonnation. In the event of a taking in condemnation or by eminent domain of part or all of the Common Area, the award nade for such taking shall be payable to the Chairman, who shall disburse the award to the Owners (and the Mortgagees of the Owners as their interests may appear) in proportion to the anount each Owner was affected by the taking, as determined by the Association; provided, that, if the entire Conmon Area has been taken, the award shall be dis- tributed to the Owners (and the Mortgagees of the Owners as their interests may appear) in the same proportions as assessnents are levied pursuant to Section 7 of tdiese Restrictions. 18. Encroachments. None of the rights and obligations of the 0/,mers created by the Restrictions, or by the Deeds granting the Condcminiums to the Owners, shall be altered in any way by encroachments due to settlonent or shifting of structures from any otiier cause. There shall be valid easements for the mainte- nance of said encroachments so long as they shall exist; provided, however, that in no. event shall a valid easanent for encroachment be created in favor of an Owner if said encroachment occurred due to the willful conduct of said Owner. 19. Association Books and Records; Financial Data. The Book of Owners, the books of account and the Book of Minutes of meetings of the Owners and of all oornni1:tees shall be made available for inspection and copying by any Owner or his duly appointed representative at any reasonable time and for a purpose reasonably related to his interest as an Owner, at the Project or such other reasonably con- venient place as the Chairman shall prescribe. -30- (a) The Chairman shall establish reasonable rules with respect to: (i) Notice to be given to the Chairman (or other custodian of the records) by the Owner desiring to make any such inspection; (ii) Business hours when such inspection may be made; (iii) Charges for reproduction of documents at request of such Owner; and (iv) Any right of any Owner to cause an audit to be made of the Association's books and records. (b) The Chairman shall prepare and distribute the following fin- ancial statements to each person who is an Owner at the time of such distribution: (i) An Annual pro forma operating statement (budget) shall be prepared and distributed as provided in paragrah 7(b) above. (ii) A balance sheet (as of an accounting date which is the last day of the month closest in time to six months from the date of closing of the first sale of a Condominum in the Project) and an operating statement (for the period from the date of such first closing to such accounting date) shall be pre- pared and distributed within 60 days after such accounting date. This operating statement shall include a schedule of assessments received and receivable, identified by the name of the Owner and the number of his Unit so assessed. (iii) A balance sheet as of the last day of each fiscal year, and an operating statement for such year, shall be prepared and distributed within 90 days after the close of such year. 20. Partition and Power of Attorney. An action may be brought by one or more Owners for partition by sale of the entire Project as if the Owners of all of the Condominiums therein were tenants in common in the entire Project in the -31 • same proportion as they are tenants in common in the Common Area; provided, however, that any such partition shall be made only upon a showing of the existence of one or more of the conditions set forth in Section 1354 of the California Civil Code or if: (a) Three years or more after damage 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 (b) The Project has been destroyed or substantially damaged and Owners are not required to repair or restore under Section 13 hereof; or (c) The improvements at the Project have been in existence in excess of the number of years shown on the following table, the Project is obsolete and uneconomical, and Owners holding in the aggregate a percentage of the total votes, as set forth in the following table opposite the applicable age, are opposed to repair or restoration of the Project. Percentage of Votes Age of Structure Required 30 years 66-2/3 percent 50 years 50 percent 70 years 25 percent Nothing contained in these Restrictions, however, shall be deemed to prevent par- tition of a cotenancy in a Condominium. In the event of a sale of the Project pursuant to a partition thereof, as provided in this Section, each Owner hereby grants to the Chairman an irrevocable power of attorney to accomplish such sale and to execute all documents in connection therewith. This power of attorney shall be exercisable after the recordation of the certificate called for by Section 1355 (b)(9)(iii) of the California Civil Code, as -32- amended from time to time. 21. Amendment. Except as otherwise provided herein, and except for provisions requiring the vote of more than 2/3 of the total votes hereunder (which provision can only be amended by the vote of Owners holding the same number of votes as are required for action to be taken under the provision to be amended), the Re- strictions may be amended by the vote of Owners holding 2/3 of the total votes here- under, which amendment shall be effective upon its recordation in the Office of the Recorder of San Diego County. In addition, amendment may require the prior written consent of the California Real Estate Commissioner pursuant to California Business and Professions Code Section 11018.7, and other applicable law. 22. Remedies, The respective rights or remedies, whether provided by these Restrictions, by law or availabe in equity, shall be cumulative and the exercise of any one or more of such rights or remedies shall not preclude or affect the exercise, at the same or at different times, of any other such right or remedy for the same or a different default, or for the same or a different failure of any Owner to perform or observe any provision of these Restrictions. 23. Interpretation. The provisions of these Restrictions shall be liberally construed, in accordance with California law, to effectuate the purpose of creating a uniform plan for the development and operation of the Condominiums. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision or any other provision hereof. In case any one of the provisions contained in these Restrictions shall for any reason be held to be •33- invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect any of the remaining provisions hereof. Whenever the context so requires, the singular number includes the plural, and the converse; and the masculine gender includes the feminine and neuter. 24. Captions. Section titles contained in these Restrictions are inserted only as a matter of convenience and in no way define, limit, extend or describe the scope of the Restrictions or any Section thereof. IN WITNESS WHEREOF, the undersigned has executed this instrument . 1982. Vr<AC/<^ . 0 TIBERIO DECLARANT DECLARANT •34- DATE; STAFF REPORT August 12, 1981 TO: Planning Commission FROM: Planning Department SUBJECT: CT 81-25/CP-169, TIBERIO/PEACOCK - Request for a 14- unit Tentative Tract Map and Condominium Conversion Permit to convert a 17-unit apartment project, presently under construction, to condominiums on the southeast corner of Pine Avenue and Lincoln Street in the R-3 zone. I. PROJECT DESCRIPTION The applicant is proposing to convert a 17 unit apartment project for which building permits have been issued and construction has begun, to a 14-unit condominium project as described above. Presently, construction has been stopped at the foundation stage to accommodate the outcome of this request. The necessity for the reduction in total number of units was brought about by the stricter development standards of the condominium ordinance. The project consists of two buildings, one of which consists of 9 dwelling units and one recreation room, and the other consisting of 5 units, 3 of which are placed over tenant parking garages. The tenant parking area (both covered and uncovered) is located off a single driveway at the rear of the .60 acre lot. All visitor parking is proposed on street. The project will result in 23.4 dwelling units per acre, slightly below the middle of the allowable density range for this area. The property to the north and west are occupied by multi-unit apartment houses while that to the south and east, by single- family houses. All surrounding parcels are zoned R-3 and proposed for high density residential development in the general plan. II. ANALYSIS 1) Does the proposed conversion conform with the development standards of the Condominium Ordinance? 2) Does the proposed conversion conform with the design criteria of the Condominium Ordinance? Ill. Discussion The project site is a somewhat irregularly shaped corner lot with 305 feet of frontage on Pine Avenue and Lincoln Street just outside the perimeter of the redevelopment area of the city. On August 19, 1980, building permits were issued to the applicant in connection with the proposed construction of a 17-unit apartment complex on the site. Subsequent grading for foundation purposes was performed to accommodate the project. At this point the applicant informed staff of his intent to convert the proposed apartments to condominiums and became aware of the requirements of the Condominium Ordinance. To meet these additional standards, numerous changes to the site plan were required. The number of units was dropped to 14 to conform with the parking and storage requirements. Additionally, a jacuzzi and barbeque picnic area, as well as the conversion of a unit to a recreation room improved the recreation aspect of the development standards. As proposed, each unit (all flats) will possess a minimum of 480 cubic feet of storage space, most of which is provided in the garages, and 250 square feet of recreation area per unit. This recreation area includes a common sun deck, recreation room, jacuzzi, and centralized picnic area. Additionally, each unit will possess one garage and one uncovered parking space. These tenant spaces will take access off a single drive to the rear of the project. A decorative 6 foot high masonry trash enclosure will be located toward the rear of the driveway. All visitor parking is to be located on street. Six visitor spaces are required and eleven spaces can be accommodated on the two streets. At this particular location, staff does not anticipate visitor parking to be a problem. Staff feels that this project meets all the development standards of the Condominium Ordinance. Design Criteria The proposed project also satisfies all design criteria aspects as defined in the Condominium Ordinance. The project appears basically well-designed and will be compatible with other land uses in the area. The common recreation area is a centralized focal point of the project and is easily accessible to all units. The only asphalt paving on the project will be the driveway at the less conspicuous rear of the project. An old, large pine tree which dominates the north-west corner of the site will be saved and will add to the privacy of the project. The Land Use Element of the General Plan specifies high residential density for this and surrounding property (20-30 du/ac). Staff feels that the proposed density for this development at 23.7 du/ac is both justified and desirable for this project in this area of the city. -2- IV. ENVIRONMENTAL REVIEW The Planning Director has determined that the environmental impacts of this project were addressed in previous environmental documents and therefore has issued a Notice of Prior Environmental Compliance on July 2, 1981. A copy of the previous environmental documents is on file in the Planning Department. V. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Notice of Prior Environmental Compliance issued by the Planning Director and adopt Resolution No. 1849, recommending APPROVAL of CT 81-25/CP-169, to the City Council based on the findings and susbject to the conditions contained therein. ATTACHMENTS 1. PC Resolution No. 1849 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Notice of Prior Environmental Compliance 6. Exhibits "A" through "G", dated June 23, 1981 PJK:ar 8/5/81 -3- PINE AVE > TO Tl m r- O z o o CASE HO.CIBV^LMM APPUCAH T Tiberio - Peacock VICINITY MAP BACKGRCUtro DATA SHEET CASE NO: CT 81-25/CP-169 APPLICANT: TIBERIO/PEACOCK REQUEST AND LOCATION: Tentative Tract Map and Condominium Permit to convert a 17 unit apartment complex to a 14 unit condominium complex southeast corner of Pine Avenue and Lincoln Street. LEGAL DESCRIPTION: The westerly 155 feet of Tract 218 of Thum Lands according to Map 1681 filed December 9, 1915. 204 Assessors Parcel Nurriber: Acres 26,000 ^*^*NO.* of Lots 062 01 GENERAL PLAN AND ZONING General Plan Land Use Designation Density Allowed ^^"^Q R— 3 Existing Zone . Density Proposed ^3.45 Proposed Zone N/A Surrounding Zoning and Land Use: Zoning North R-3 South East West Land Use R-3 R-3 R-3 PUBLIC FACILITIES School District Water District Sewer District Carlsbad Carlsbad Carlsbad gj^yig 17 alotted Public Facilities Fee Agreeriient, dated June 9, 1981 (Other: ENVIROI#(ENTAL IMPACT' ASSESSMENT X Negative Declaration, issued Jan. 16, 1980 Log No, 632 E.I.R. Certified, dated ' Other, Notice of Prior Compliance, dated July 2, 1981 •xf after the informatio^^ou have submitted has been revi|wed, it is detennined that further informatic^^s required, you will be so ad^^^d. APPLICANT: AGENT: MEMBERS: Tiberio - Peacock (Partnership) Name (individual, partnership, joint venture, corporation, syndication) 10620 Firestone Blvd. Nonvalk, OA 90650 Business Address (213) 868-2221 (213) 821-0201 Telephone Nuiober Name Business Address .* Telephone Number Nello Tiberio 420O Via Dolce 130 Marina Del Bey, CA 90291 Name (individual, partner, joint venttjre, corporation, syndication) Home Address P.O. Box 45851 Los Angeles, CA 90045 Coras above) Business Address (213) 821-0201 C2I3> 821-9977 Telephone Number James C. Peacock Telephone Number 6324 Bayshore Walk Long Beach, 90803 Name Home Address 10620 Firestone Blvd. Norwalk, CA 90650 Business Address (213) 868-2221 (213) 439-5173 Telephone Nuniber Telephone KuEtber (Attach more sheets if necessary) I/We declare under penalty of perjury that the infomation 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 amended. Tiherio-Peacock pplleant Agent, O-./ner, Partner 1200 ELM AVENUE rl TELEPHONE: CARLSBAD, CALIFORNIA 92008 W^MMI rkt I 1714)729-1181 Citp of Carl^bab PUBLIC NOTICE OF PRIOR ENVIRONMENTAL C0f#LIANC£ Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered irr conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of detennination will be filed. Project Title: CT 81-15/CP-169 (Tiberio-Peacock) Project Location: South-east corner of Lincoln Street and Pine Street Project Description: The proposed construction of a 14-unit condo- minium project involving approximately 2450 cubic yards of grading. Previous environmental review was conducted in connection vnth a pro- posed 17-unit apartment project by the same applicant and a negative declaration (Log No. 632) was issued'on Jan. 16, 1980. Justification for this determination is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. Comments from the public are invited. Please submit comments lit writing to the Planning Department within XBX\ {V^^'S^s of date of Dated: July 2, 1981 ' TAMES C. HASAMAR Case No: CT 81-25/CP-169 /X Planning Director ..fftJ. City of Carlsbad Applicant: Tiberio-Peacock Publish Date: July a, 1981 PC 1 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 County of San Diego 220 West Broadway San Diego, CA 92101 438-5591 Citp of Carls(bab NOTICE CF DErTEKMINATICN This is to advise that the City of Carlsbad on September 1, 1981 ^proved the follcwing project: Project Description: 14 unit condcminium ccaiversion project involving approximately 2450 cubic yards of grading. Project Address/Location: Soutl>-east comer of Lincoln and Pine Street The City made the follcwing detenninations regarding the environmental impact of the above described project: 1. The project will not have a significant effect on the environment. 2. Mitigation measures were not made a condition of the approval of this project. 3. A statesnent of Overriding Considerations was not adopted for this project. 4. The Project went through prior environmental review. A ccpy of the Negative Declaration with supporting document is available for public review at the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA 92008. DATE: September 10, 1981 ( CASE NO: CT 81-25/CP-169 APPLICANT: Tiberio-Peacock JAMES C. HAGAMAN Planning Director City of Carlsbad JCH/PJK/nar 09/10/81 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: (714) 729-1181 Citp of Carlssbab NEGATIVE DECLARATION PRDOECT TITIE: GRADING PERMIT PROJECT LCCATIQ^- 3208 Lincoln, corner of Lincoln and Pine, PP,DJECr DESCRIPTICN- Ihe applicant is proposing approximately 2450 cubic yards of fill grading in conjunction with the construction of a 17 unit aparbonent cotplex. The site is level, having been previously graded, and is devoid of any significant flora or fauna. The noartiitvest comer of the site does contain a very large and quite old pine tree. The plans don't indicate v^ether or not this tree will be saved. In any event, removal of the tree would not constitute a significant inpact to the environment since the tree is not unique and, in addition, appears to be (tying. PROJECT PROPCMT; LOG NO: Tiberio - Peacock PERt-lIT/FILE NO: The City of Carlsbad has conducted an environmental review of the above described project puruGant to the Guidelines for Implenifjntation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said revl&7, a draft Negative Declaration (Declaration of Non-Significant Inpact) is hereby issued for the subject project. Justification for this action is on file in the Planning Department» A ccpy of the Negative Declaration with supportive docnments is on file in the Planning Dep£;rtxnent, Citr/ Hall, 1200 Ehn Avenue, Carlsbad, CA. CaTOcnts from the public are in\'ited. Please submit cements in writing to the Planning Coiinission witiiin five (5) days of date of publication JANUARY 16, 1980 . DAIED: — ^ SIGNED: <^ S C. HAGAMftN^ —- -a o . , ct TmmNG DIRECTOR CITY OF CARLSBAD 1200 ELM AVENUE rf fl TELEPHONE: CARLSBAD, CALIFORNIA 92008 ll.vTWrl/ J (714)729-1181 Cit2> of €axUhuh PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: CT 81-15/CP-169 (Tiberio-Peacock) Project Location: South-east corner of Lincoln Street and Pine Street Project Description: The proposed construction of a 14-unit condo- minium project involving approximately 2450 cubic yards of grading. Previous environmental review was conducted in connection with a pro- posed 17-unit apartment project by the same applicant and a negative declaration (Log No. 632) was issued'on Jan. 16, 1980. Justification for this determination is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (lO^t-'^s of date o^-^^bttcarjtij Dated: July 2, 1981 ^ ' jAMES C. HAGAMAN Case No: CT 81-25/CP-169 //Planning Director ,.ffsJ- City of Carlsbad »W> Applicant: Tiberio-Peacock Publish Date: July fi, 1981 PC 1 Carls bad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 , I iProof of Publicationi STATE OF CALIFORNIA, ss. ] COUNTY OF SAN DIEGO, j I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of CaHsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC • , HEARING NOTICE IS HEREBY VAVEN thai the Planning Commission of the City ofCarlsbad will hold a public nearing at the City Council Cham- . bers. 1200 Elm Avenue. Carlsbad. California, at 7:00 p.m. on Wednes- day. August 12. 1981. to consider . approval of a 14 unit condominium conversion project on property generally located at the-southeast J,. corner of Pine-Avenue and Lincoln J Street and more particularly de- scribed as: The westerly 155 feet of tract 218 of Thumlands map 1681 San Diego County. Those persons wishing to speak oh this proposal are cordially in- vited to atttnd the public hearing. 1 If yrAi have any questions, please I call the Planning Department at 438-5591. Case File: CT 81-25.'CP-169 . Applicant: TIBERIO-PEACOCK CITY OF CARLSBAD PLANNING COMMISSION ; CJ S508: August 1. 1981 Augus t .1 ... 19 81 19 19, 19, 19, iM/e/8i I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad. County of San Diego, State of California on the 1st day of Augu.st 19fi1 Clerk of the Printer NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 p.m. on Wednesday, August 12, 1981, to consider approval of a 14 unit condominium conversion project on property generally located at the southeast corner of Pine Avenue and Lincoln Street and more particularly described as: The westerly 155 feet of tract 218 of Thumlands map 1681 San Diego County. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at 4 38-5591. CASE FILE: APPLICANT: PUBLISH: CT 81-25/CP-169 TIBERIO-PEACOCK August 1, 1981 CITY OF CARLSBAD PLANNING COMMISSION •T'h iff' PiNE rm > Ti tn r— D —I I" Z o O r— Z A P [P L 5 C A N T. Tiberio .- Peacock SITE VICINITY MAP Landscape Archltoojp^ 0^ 2741 Fourth Avenue Planning ^9 San Diego, California 92103 Urban Design 619 294-8484 VAN DYKE &J\SSOCIATES fly) M*' March 20,1989 #255 Ms. Adrienne Landers City of Carlsbad Planning Department 1200 Elm Street Carlsbad, CA 92008-1989 Dear Ms. Landers: Pursuant to our telephone conversation of last week, I am writing to confirm our discussion regarding the roadway planting and irrigation documents for Carlsbad Research Center Phase 5. In review. Van Dyke and Associates will be producing the landscape and irrigation plans directly on screened mylars of the civil engineering grading plans at 1" = 50' scale. This letter, when signed below, shall serve as official confirmation from the City of Carlsbad that these plans will be acceptable for review and processing at the above mentioned drawing scale. Sincerely, VAN DYKE & ASSOCIATES City of Carlsbad A California Corporation Planning Department MP;dm 1200 ELM AVENUE CARLSBAO, CALIPORNIA 92008 TELEPHONE: (714) 729-1181 Citp of Carl^bafe July 9, 1981 Tiberio - Peacock 10620 Firestone Boulevard Norwalk, CA 90650 SUBJECT: NOTICE OF COMPLETED APPLICATION, CASE NO: CT 81»25/CP-169 We have determined that your application for tentative tract and condominium permit to convert a 17 unit apartment complex to 14 condominium units is complete. This item is tentatively scheduled to be heard at the Planning Commission Meeting on August 12, 1981. We would like to have you attend this meeting, which starts at 7:00 P.M. In addition, there will be a Departmental Coordinating Meeting on August 4, 1981, starting at 9:00 A.M. The preliminary staff report will be reviewed at this time. We will notify you if we want you to attend this meeting. If you have any questions, please contact me at 438-5591. Si ncerely, PLANNING rrrar PJK:rh 7-9-81 FORM 50, 1/80 AP9LIGATIO<ISi REQUEST • Zone Change • General Plan Amenc3ment • Tentative Tract Map • Planned Unit Developm^t •T'lajor Ctondcsminium Pennit • Minor Ctondoininium Pennit • Master Plan •Precise Developnent Plan • Specific Plan • site Development Plan • Conditional Use Pennit • Variance • Planning Conmission Detennination • Special Use Pennit Conplete Description of project (attach additional sheets if necessary) Proposed Conversion to a 14 unit Condominium location of Project 3208 Lincoln Carlsbad, CA Comer Lincoln & Pine Legal Description (cotplete) Westerly 155* of Tract 218 Thumlands map 1681 San Diego County. Assessors Parcel Number 204-062-01 Zone R-3 General Plan High Density Existdng Land Use (Under Construction) 17 Unit Apartment Proposed Zone Proposed General Plan Sxte Acreage 26.000 Sq. Ft, Owner Applicant Name (Print or Typ^) Tiberio - Peacock Name (Print or Type) Same Mailing Address 10620 Firestone Blvd. Mailing Address City and State Zxp Telephone City and State Zip Telephone Norwslk, CA 90650 213 - 868-2221 I CERTIFY THAU I AM TilE LEGAL OWNER AND THAT Ali. THE APa/E INFORMATICS IS TRUE AND CORRECT TD TIIE BEST OF MY KNaCEDGE I CERTIFY THAT I AM THE CWNER'S REPKFSENTIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOT-^LEDGE SIGNATURE DATE 4-1-81 signea • Receipt Mb. . ^ Case ^iuau^er SPECIFIC REQUIREMENTS FILING REQUIREMENTS • • General Plan Amendment/Zone Change IT. Application Form 2. General Requirement Items H-0 3. Reproducible 1:500 scale itiap of subject property showing requested zoning and svirrounding zoning and land uses 4. Fee: General Plan Arrendment $200.00 + $5.00 per lot or acre Zone Change $500.00 Master Plan/Specific Pl.an. Y. Application Form 2. General Requirernent Ito^is: - eighteen(18) copies of items A-D - items E-0 3. Fee: Master Plan $1,000.00 + $2.00 per/acre Specific Plan $1,000.00 Mastar Plan Amendment: Minor $50.00 +2.00 acre Major $500.00 + $2.00 acre • Tentati-ve Tract Map 1. Application Form 2. Eighteen (18) copies of the Tentative Tract Map 3. General RequireiRent Itons - eighteen (18) copies of items A-C - iteins E, G-K, M-P 4. Fee: $500.00 (1-25 lots or units) $750.00 (26-100 lots or units) $1,000.00 (100 + lots or units) • Planned Unit Developtnent IT J^plication Form 2. General Requiranent Items: - eighteen(18) copies of items A-D - items E-0 3. Fee: 4 or less ujiits $50.00 5 or more imits $200.00 • Major condcmiid-um Pennit (5 or more units) 1. Application Form 2. General Requirement Items; - eighteen (18) cxipies of items A-D - items E-0 3. Conversion to Cordordniums - list of nanes and addresses of all tenants of the project, 4. Fee: $50.00 + $1.00 per unit. • Minor Condcminium Permit (4 or less units) . 1. Application Form 2. General Requirement Items: - three (3) copies of items A-D - items K, L, 0 3. Conversion to Condcminiums - list of names and addresses of all tenants of the units to be converted to condcminiarvs. 4. Fee: $50.00 + $1.00 per unit • Site Development Plan 1. Application Fom 2. General Requirement Items - thirteen (13) copies of itoiis A-D - itans E-L, 0 3. Fee: $350.00 • Conditional Use Pennit 1. Application Form 2. General Requirement Itais: - thirteen(13) copies of items A-D - items E-0 3. Fee: $400.00 j—j ^riance 2. 3. 4. Application Form General Requirement Itons: - thirteen(13) copies of item A - items E,G,H, J-N, and I if applicable i ) (see Title 19. Environment) Variance Supplonental Sheet Fee: Single Fanily = $100.00 Other = $250.00 • Planning Conmission Detennination 1. l^lication Fonn 2. One page statement precisely indicating the determination request, 3. General Requirement Items: - thirteen (13) copies of items A and D - items H, K, and L 4. Fee: $25.00 A, SiteJPlarss* Shall include the follcwing information: - naT.e and address of: applicant ' , • ' engineer and/or architect, etc. - all easements - dimensionod locations of: access, both pedestrian and \'ehicular, shawing service areas and points of ingress and egress off-street parking and loading areas shewing location, nrniber and typical dimension of spaces, and wheel stops - distances betetx;n buildings and/or stnxrtures - building setiMcks (front, rear cind sides) - location, height, aiid rviterials of weills and fences - location of freestanding sigiis - ail drivew'ays to scale on adjacent and across tlie street properties for a distance of 100 feet beyond the liniits of subject site - existing curbs, gutters, sidewalks and existing paving widths within 100 feet on adjacent and across the street properties - ••trical street section - any existing median islands within 100 feet of subject site - nearest cross streets on both sides with plus or minus distances fron subject site - location of all buildings within 100 feet of subject properties - a Vicinity map showing major cross streets - a sumrary table indicating the following information: site acreage existing zone and laid use pro[XDL;et1 land uso total building coverage building sq. footage , percent landscaping •nui±)er of parking spaces sq. footage of open/recrea- tional space (if applicable) cubic footage of storage space (if applicable B. Prelininary Grading and Drainage Plan* (24" x 36") - existing and proposed contours on the site and within 100 feet of the boundaries of the site - elevations of the site - existing on-site trees? those to be removed and those to be saved C. Preliminary landscape and Irrigation Plan* (24" x 36") ^ location of planting areas and typical plant jnaterials (Quantity* and size) - location of areas to te irrigated D. Bui.lding Elevatiepns and Floor Plans* (24" X 36") - flcor plans ^ath square footages indicated - location and size of storage areas - all buildings, structures, walls and/or fences, signs and exterior lights E. One (1) copy of colored site plan (24" x 36") ^ F. One (1) copy of colored elevations (24" x 36") G. One (1) copy each of Sh" x 11" site plan and elevations H One (1) copy of 8%" x U" location map (suggested scale 1:200" vicini^ maps on the site plan are not acceptable) I. Environmental lirpact Assessment Form ($100) J. Public Facility Agreement (Original and one copy) K. Disclosure Statement L. Photostatic copy of deed vdth ocnplete legal description of subject property or other form of description acce ^ble to the Plaiming Director. . \ ' M. Public Hearing Z—(Not needed for Site Developnent Plan, Special Use Permit and Minor Qsndcminivan Permit). TWD (2) copies of a lOTEWRITIEN LIST on gianmed labels of the navies and addresses of all properly owners and occupants within a 300 foot radius of the exterior boundaries of the property involved, ihe list shall include the San Diego County Assessor's Parcel Number for each parcel, viiich shall be obtained from the latest Assessor's rolls. N. 300 Foot Radius Map , , . , , • r—(Not needed for Site Development Plan, Special Use Permit and Minor Oonckaninivm Permit). A map to scale not less than 1" = 200' slx>Mlng each lot'within 300 feet of the exterior boundaries of the subject pro- perty. Each of these lots shall be consecutively numbered and correspond vdth the property owner's list. Ihe scale of the map may be reduced to a scale ai^ V- able to the Planning Director if the required 5ca|^^ is impractical. 0. R>r residenUal projects vdthin Vista, San Marcos, Encinitas or San Dieguito School Districts, the applicant shall indi- cate whether he prefers to dedicate land fot school faci- liUes, 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. ftor residential projects vdthin the Carlsbad Unified Sdxol District, the applicant shall submit written confirmation that schsol facilities vdU available an4 serve the project at tijne of need, P, PrelJroinaxy Title Report. * NOTE! A3X EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED SH" X IV SUPPLEMENTAL INFORMATION FORM VARIANCE 1) Gross Acres {or square footage, if less than acre) 26,000 Sq, Ft. 2) Zatne «-3 •__ 3) G'eneral Plan La/jd Use Designation High Densitv 20-30 4) ffy lav/ a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. a) Explain v/hy there are exceptional or extraordinary circum- stances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone: This Conversion meets and in most cases exceeds all conditions of 21.47. b) Explain why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied.to the property in question: c) Explain why the granting of such variance v/ill not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located: • d) Explain why the qrantinq of such variance will not adversely affect the comprehensive general plan: Conversion meets or exceeds the comprehensive (General Plan. , ' APPLICANT DISCLOSURE FORiM In order to assist the itrembers 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 tha 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 reflectJ.ng 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 ventxire. 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 nasie 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 4 full disclosure, please include it. FORM 40 PLANNING DEPAROIF3S1T If after the informatioij, .you have submitted has been reyj^ed, it is determined that further informatic, s required, you will be so ad ^d. 1, APPLICANT: AGENT: Tiberio - Peacock (Partnership) Name (individual, partnership, joint venture, corporation, syndication) 10620 Firestone Blvd. Norwalk, CA 90650 Business Address (213) 868-2221 (213) 821-0201 Telephone Number Name Business Address MEMBERS: Telephone Number Nello Tiberio Name (individual, partner, joint venture, corporation, syndication) 4200 Via Dolce 130 Marina Del Rey, CA 90291 Home Address P.O. Box 45851 Los Angeles, CA 90045 (or as above) Business Address (213) 821-0201 (213) 821-9977 Telephone Number James C. Peacock Telephone Number 6324 Bayshore Walk Long Beach, CA 90803 Name Home Address 10620 Firestone Blvd. Norwalk, CA 90650 Business Address (213) 868-2221 (213) 439-5173 Telephone Number Telephone Number (Attach more sheets if necessary) lA7e 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 amended. Tiberio-Peacock pplicant Agent, O^/ner, Partner SECURED AGREEMENT BETWEEN OWNER AS DEVELOPER AND CARLSBAD UNIFIED SCHOOL DISTRICT THIS SECURED AGREEMENT is entered into this /CZ day of Ao o<. , 198j , by and between ]_/ (Name of Developer) (Corporation, Partnership, Etc.) hereinafter referred to as "Developer", whose address and phone number is "Bio Street) (Street) (City, state. Zip Code) (Phone Number) and CARLSBAD UNIFIED SCHOOL DISTRICT of San Diego County, California, hereinafter referred to as "District", whose address is 801 Pine Avenue, Carlsbad. California 92008 WITNESSETH: A. WHEREAS, Developer is the owner of the real property described on EXHIBIT "A" attached hereto and by this reference incorporated herein by reference, and hereafter referred to as "Property" 2/; and B. WHEREAS, the Property lies within the boundaries of District; and €. WHEREAS, Developer proposes to construct 2/ on said Property, which development carries the proposed name of ^T^i tvi«^ V\ I g-oJ ^and is hereafter referred to a "Development"; and D. WHEREAS, Developer I \b-eR/0 ~ ^"^g^^ CQ CLI<^ (Filed on the 7J?^ day of au»oc_ , 198 t ) with the County of San Diego and/or the City (Intends to file) of Carlsbad a request for 4/ ^lo^^t)om/o i u I'vn Co oC^eeS/o*o /K] e * crt/)*<^l (jo ,0 <_ E. WHEREAS, Developer and District recognize that school facilities and services will not be available to accommodate children who may subsequently move into the proposed development; and F. WHEREAS, Developer has requested of the District assurances that school facilities and services will be available to meet the needs of the future residents of the development as it is presently proposed and the Developer is aware that the District cannot, and will not, be able to give Developer any such assurances without financial assistance to pay for such services and facilities; and G. WHEREAS, the Developer agrees to provide such financial assistance in accordance with the terms of this agreement and the District agrees to provide assurances that school facilities and services will be available to meet the needs of the future residents of the development as it is presently proposed. if NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE as follows: •2- 1. The Developer shall pay to the District the sum of One Thousand, One Hundred Seventeen and no/100 Dollars ($1,117.00) (Or whatever sum is in effect at the time building permits are issued) for each dwelling unit to be constructed in the Development. The number of Dwelling units to be constructed shall be determined from the approved subdivision map of the Development, as recorded in the Office of the County Recorder. The term "dwelling unit" as used in this agreement means a place of residence and may be located in either a single or multiple dwelling unit building. Such payments shall be made in accordance with the following provisions: 1.1 The total amount due hereunder shall be paid to the District in installments equal to $1,117.00 times the number of dwelling units (Or whatever sum is in effect at the time building permits are issued) for which building permits are issued until the total amount as specified in paragraph 1 above has been paid or until the agreement has been canceled by mutual consent due to the abandonment of a portion of the Development. Such installments shall be due and payable to the District concurrent with application by Developer for issuance of said building permits. 1.2 Any payments not made by the Developer when due and payable shall bear interest at the rate of seven (7) percent per annum. 2. The Owner and Developer may in the future offer to donate a school site in lieu of all or part of the financial obligation agreed upon in paragraph 1 above, which offer the District shall consider but is not obligated to accept. 3. To secure Developer's obligation hereunder. Developer shall provide to District the securities called for in subparagraph 3.1 or 3.2 or 3.3: -3- 3.1 A surety bond in favor of District in a form acceptable to District from an insurer acceptable to District in the sum of $ to insure Developer's performance of the terms of this agreement. 5/ 3.2 A bank or savings and loan time certificate of deposit in the amount of $ in a form acceptable to District naming the District as an irrevocable assignee for the term of this agreement, and expressly providing that any interest accruing on the time certificate of deposit shall be solely the property of depositor and the District shall have no rights to any such interest. 5/ 3.3 Such other security as may be acceptable to the District. 5/ 4. District agrees to provide school facilities and services which will be available to meet the needs of the future residents of the areas to be developed as described herein. District further agrees to provide in writing for Developer, and upon his request, assurances necessary to enable Developer to comply with any requirements of public agencies as evidence of adequate school facilities and services sufficient to accommodate the needs of the developments herein described. 5. All obligations hereunder shall^erminate in the event 6/ and the District shall within ten (10) dyas after written notice to District by Developer, deliver to Developer necessary documents for releasing the security provided to District pursuant to paragraph 3 hereof. 6. Any notice from one party to the other shall be in writing, and -4- shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 6.1 If notice is given to the District, by personal delivery thereof to the District or by depositing the same in the United States Mail, addressed to the District at the address set forth herein, enclosed in a sealed envelope addressed to the District for attention of the Superintendent, postage prepaid and certified. 6.2 If notice is given to Developer, by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to Developer at the address set forth herein or at such other addresses as may have been designated, postage prepaid and certified. 6.3 If notice is given to a surety or other person, by personal delivery to such surety or other person or by depositing the same in the Unitied States Mail, enclosed in a sealed envelope addressed to such surety or person at the address at which such surety or person last communicated to the party giving notice,postage prepaid and certified. 7. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to,the respective successors and assigns of Developer and the District, and references to Developer or the District herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such sucessors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's -5- interest in the Property shall have first assumed in writing the Developer's obligations hereunder and shall have complied with paragraph 3 hereof. IN WHITNESS WHEREOF, this Agreement is executed in San Diego County, California as of the date first written above. DEVELOPER: Title DISTRICT: CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA By Authorized Agent RATIFIED BY GOVERNING BOARD: , 198 -6- i FOOTNOTES; y Full information concerning the Owner and Developer should be set out here and the name of the Owner should be identical to that used by the Owner in holding title to the property. 2/ The exact legal description of the property should be set forth on Exhibit "A". 3/ Insert the number of residential buildings to be constructed and describe the kinds and number of residential units to be constructed, e.g., 100 two-bedroom single family residences; 4 apartment buildings consisting of 60 two-bedroom apartments; one mobilehome park with 200 mobilehome spaces. 4/ State whether the Developer has or will apply for a rezoning and/or conditional use permit or some other permit or application. Where the property is to be rezoned, state the present zoning and the proposed zoning. Where an application number has been assigned by the County or the City, state the number. 5/ The proposed form of bond or time certificated of deposit should be submitted to the District before the Developer signs this Agreement to assure that the bond or certificate will be in a form satisfactory to the District when later delivered. 6/ This event will probably be a denial of rezoning application. LZ:1h 1 CRSE KO.: CT 81-25 CP-169 DATE RECEIVED: 6-22-81 RPPrJCfiCCT: Tiberio-Peacock BEQUEST: Proposed conversion to a 14 unit condominium EiWIROgPIENTaL EXEMPT OR EXCEPTED: Posted: • Prior Ocnpliance: 7" Z'^ \ Pi±>lished: | Filed: Filed: NEGAasraS DBCIARATICN: . Posted: ' Published:_ Kbtdoe of Determination.: EEjVIEQNMElJlMi IMPACT REPORT: Notice of Notice of Notice of Preparation: [ Congletdon; Determination: PLANNING Oa^SGSSION 1. Date of Hearing: 1 T- ' %) 2. Publication: S" \ "^ 8: ? 3. Notice to Property Owners; 7' 30 ' ^) k'f 4. Resolution No. ( Date: {^/^flCTICW:/)|p^rOt/eo| (Oontinxied to: ' 5. 2^^al: CITy OOUNCIL 1. Date of Hearing: ^'j-^] pS f. Se<^{ ' S'^G'S'l "^f^ 2. Notices to City Clerk: 1?^ ( 3"^1 R(f 3. Agenda Bill; 4. Resolution Kb. ' Date: ^-/ -^/ 1?-^ ACTION:/ly:yfOt;ea| 5. Ordinance to. Date: COiRRESPOSIDENCE Staff Report to Applicant: 7 ^ ^ I /Q1^ ' Resolution to agplicant: g- l^-' S^j ^(4^ "