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
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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.
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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.
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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:
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(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
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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
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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.
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(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
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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.
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(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:
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(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
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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
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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
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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.
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(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
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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
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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.
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(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
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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^ "