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Home My WebLink AboutCT 82-03; 367 Jerez Court; Tentative Map (CT)When ReS;orded Mail To; 367 Jerez Company P. 0. Box 4647 Whittier, Ca. 90607 DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS, made this 20th day of September, 1984, by 367 JEREZ COMPANY, a General Partnership, hereinafter called "Declarant"; This Declaration is made with reference to the following: RECITALS: A. Declarant is the owner of real property located in the City of Carlsbad, County of San Diego, California, more particularly described in Section 3 of Article 1 of this Declaration, hereinafter called the "Real Property." B. "Declarant has or will hereafter file a Condominium Plan with the Office of the County Recorder of San Diego County, California covering the Real Property, to wit: > Lot 367 of La Costa South Unit #5 according to map thereof #6600 filed in the office of the County Recorder of San Diego County, March 10, 1970, hereinafter called the "Condominium Property;" C. Declarant has, or intends to improve the Condominium Property by constructing thereon 6_ condominium units and intends to establish a condominium project under the provisions of the California Condominium Act providing for separate title to Living Units (as hereinafter defined) appurtenant to which will be an undivided fractional interest in the Condominium property other than the Living Units. D. Each Condominium shall have appurtenant to it a membership in FAIRBROOK VILLAS HOMEOWNERS ASSOCIATION, a California non-profit mutual benefit corporation ("Association"), which will be the management body for the overall condominium project. E. Before selling or conveying any interests in the Condominium Property Declarant desires to subject the Condominium Property in accordance with a common plan to certain covenants, conditions and restrictions for the benefit of Declarant and any and all present and future owners of the Real Property. NOW, THEREFORE, Declarant hereby certifies and declares and does hereby establish the following general plan for the protection and benefit of all of the Real Property described above and has fixed and does hereby fix the following protective covenants, conditions and restrictions upon each and every ownership interest in the Condominium Property described above, under which said covenants, conditions and restrictions each ownership interest in the •1- Condominium Property shall be hereafter held, used, occupied, leased, sold, encumbered, conveyed and/or transferred. Each and all of said covenants, conditions and restrictions are for the purpose of protecting the value and desirablility of and shall inure to the benefit of all of the Real Property described above and shall run with and be binding upon and pass with the Condominium Property and each and every ownership interest therein and shall inure to the benefit of, apply to and bind the respective successors in title or interest of Declarant. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to FAIRBROOK VILLAS HOMEOWNERS ASSOCIATION, a California non-profit, mutual benefit corporation, its successors and assigns. Section 2. "Boundaries". In interpreting deeds and plans, the then existing physical boundaries of a Living Unit and Garage whether in its original state or reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the boundaries expressed in the deed or plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or deed, and those of the building. Section 3. "Real Property" shall mean and refer to that real property located in the County of San Diego, California, described as: Lot 367 of La Costa South Unit #5 according to map thereof #6600 filed in the office of the County Recorder of San Diego County, March 10, 1970, hereinafter called the "Condominium Property". Section 4. "Condominium Property" shall mean and refer to that certain real property located in the County of San Diego, State of California, more particularly described as: Lot 367 of La Costa South Unit #5. Section 5, "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of fee simple title to any Condominium which is a part of the Real Property, including contract sellers and purchasers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Condominium Plan" shall mean and refer to the Condominium Plan recorded pursuant to California Civil Code Section 1351 covering the Condominium Property, including such amendments thereto as may from time to time be recorded. Section 7. "Condominium" shall mean and refer to a fee simple estate in the Condominium Property as defined in Section 783 of the California Civil Code and shall consist of a separate interest in a Living Unit and an undivided 1/6 interest as tenant in common in the Common Area. Section 8. "Living Unit" shall mean and refer to those portions of the Condo- minium Property shown and described as such on a Condominium Plan; provided, however, that the following are not part of any Living Unit: Bearing walls. columns, floors, roofs, foundations, central heating, central refrigeration and central air conditioning equipment, reservoir tanks, pumps and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility instal- lations, wherever located, except the outlets tinereof \vhen located in the Living Unit. Section 9. "Garage" shall mean and refer to those portions of the Common Area for which an exclusive Right to Use is granted to an owner as shown and describ- ed on the Condominium Plan. Section 10. "Common Area" shall mean and refer to all portions of the Condcmin- ium Property not located within a Living Unit. Section 11. "Exclusive Use Area" shall mean and refer to those portions of the Common Area to which an exclusive right to use is granted to an Owner as shown and described on the Condominium Plan and shall consist of Garages, and where applicable. Patios and/or''Balcon ies/Decks, The term "Patios" when used herein, shall include, mean and refer to the term "Back Yard Area". Section 12. "Declarant" shall mean and refer to its successors and assigns, if successors or assigns should acquire more than one (1) undeveloped Parcel in the Real Property from the Declarant for the purpose of development. Section 13. " "Mortgage" shall mean and refer to a Deed of Trust as well as a mortgage. •> Section 14. "Mortgagee" shall mean and refer to a beneficiary under or holder of a Deed of Trust as well as a mortgagee. Section 15. "Mortgagor" shall mean and refer to the trustor of a Deed of Trust as well as a mortgagor. Section 16. "Bylaws" shall mean and refer to the Bylaws of the Association as they may from time to time be amended. Section 17. "Articles" shall mean and refer to the Articles of Incorporation of the Association as they may from time to time be amended. Section 18. "Member" shall mean and refer to a person entitled to membership in the Association as provided herein. Section 19. "Project" shall mean and Vefer to the entire real property above described, including all structures and improvements erected or to be erected thereon. Section 20. "Declaration" shall mean and refer to this enabling Declaration of Restrictions. Section 21. "Map" shall mean and refer to Tract Map No. 6600 filed in the Office of the County Recorder of San Dieqo County, Californi a on the 10th day of March >19 70 . Section 22. "Common Expenses" means and includes the actual and estimated ex- penses of operating the Condominium Property and any reasonable reserve for such -3- purposes as found and determined by the Board and all sums designated common ex- penses by or pursuant to the Condominium Documents. Section 23. "Condominium Building" shall mean a residential structure contain- ing condominium Living Units and Garages. Section 24. "Condominium Documents" means and includes the Declaration as it may be amended from time to time, the exhibits, if any, attached thereto, the Articles, the Bylaws, and the rules and regulations for the members as estab- lished from time to time by the Board and the Condominium Plan. Section 25. "Subdivider" shall mean and refer to "Declarant". Section 26. "Board" shall mean and refer to the Board of Directors of the Asso- ciation. ARTICLE II MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION Section 1. Every Owner of a Condominium shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Condominium, Each Owner is obligated promptly, fully and faithfully to com- ply with and conform to the Articles and Bylaws and the rules and regulations adopted thereunder from time to time by the Board and Officers of the Associa- tion, Membership in the Association shall not be transferred, pledged or alien- ated in any way, except upon.the sale or encumbrance of the Condominium to which it is appurtenant, and then only to the Purchaser, in the case of a sale, or Mortgagee, in the case of an encumbrance of such Condominium. Any attempt to make a prohibited transfer is void. In the event the owner of any Condominium should fail or refuse to transfer the membership registered in his name to the purchaser of his unit, the Association shall have the right to record the trans- fer upon its books and thereupon the old membership outstanding in the name of the seller shall be null and void. The Association shall have two classes of voting membership: CLASS A. Class A Members shall originally be all Owners of a Condominium, with the exception of Declarant if Class B Membership exists, and shall be en- titled to one (1) vote for each Condominium owned. When more than one person holds an interest in any Condominium, al1 such persons shall be Members. The vote for such Condominium shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Condo- minium. CLASS B. The Class B Member(s) shall be the Declarant and shall be en- titled to three (3) votes for each Condominium owned.' The Class B membership shall forever cease and be converted to Class A membership on the happening of any of the following events, whichever occurs earlier: (a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or -4- w. J (b) Two years following the date of original issuance by the California Department of Real Estate of the Final Subdivision Public Report for development of the Real Property; or (c) September 1, 1986 Except with respect to action to enforce the obligations of Declarant under any completion bond, membership approval of action to be taken by the Association shall require the vote or 'bitten consent of the prescribed percentage of each class of membership during the time that there are two classes of membership. Except with respect to action to enforce the obligations of Declarant under any completion bond, any requirement in the Articles of Incorporation, Bylaws, or Declaration of Restrictions, that the vote of the Declarant-Subdivider shall be excluded in any determination, shall be applicable only if there has been a conversion of Class B members to Class A members, and the same shall be read as requiring the prescribed.percentage of the Class A members and the prescribed percentage of the Class A members other than the Declarant-Subdivider. Section 2. Except as otherwise provided herein, the Association acting through the Board and Officers shall have the sole and exclusive right and duty to manage, operate, control, repair, replace or restore all of the Commom Area or any portion thereof, together with the improvements, trees, shrubbery, plants and grass -thereon, all as more fully set forth in this Declaration of Restrictions, the Articles and the Bylaws. Section 3. The Board shall' have the right to adopt reasonable rules not inconsistent with the provisions contained in this Declaration, and to amend the same from time to time relating to the use of the Common Area and the recreational and other facilities situated thereon by 0,^ners and by their tenants or guests, and the conduct of such persons with respect to automobile parking, outside storage of boats, trailers, bicycles and other objects, disposal of waste materials, drying of laundry, control of pets and other activities which, if not so regulated, might detract from the appearance of the community or ofl^end or cause inconvenience or danger to persons residing or visiting therein. Such rules may provide that the Owner of a Condominium whose occupant leaves property on the Common Area in violation of the rules may be assessed after appropriate notice and an opportunity for a hearing before the Board (pursuant to California Corporation Code 7341) and a two-thirds vote of approval by the Board to cover the expense incurred by the Association in removing such property and storing or disposing thereof. The Board may suspend the voting rights and right to use the 'recreational facilities located on the Common Area of a Member who is in default in the payment of any assessment for any period during which such assessment remains unpaid, and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations after reasonable written notice and an -opportunity for a hearing" before the Board (pursuant to California Corporation-Code 7341). Section 4. For the purpose of performing the maintenance of the Common Area or for any other purpose reasonably related to the performance by the Board of its responsibilities under this Declaration, the Association's agents or employees shall have the right, after reasonable notice to the Owner, to enter any Living Unit, assigned Garage, or upon any portion of the Common Area at reasonable hours; provided, however, there shall be no entry into a Living Unit without the Owner's written consent, which consent shall not unreasonably be withheld. When -5- o reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the vote or written assent of a majority of the voting power of the Association residing in members other than the Declarant. Except as provided in Subsection (a) and (b) hereof, every special assessment shall be levied upon the same basis as that prescribed for levying of the regular assessments (pursuant to Section 6 of this Article): (a) A special assessment against owners in the condominium development to raise funds for the rebuilding or major repair of the structural common area housing units of the project shall be levied upon the basis of the ratio of the square footage of the floor area of' the units assessed to the total square footage of floor area of all units to be assessed, (b) The provisions hereof with respect to special assessments do not apply in the case where the special assessment against a member is a remedy utilized by the governing body to reimburse the Association for costs incurred in bringing the member and his subdivision interest into compliance with provisions of the governing instruments for the subdivision. Section 5, Any action authorized under Section 3 or 4 above shall be taken at a meeting called for that purpose, written notice of wtiich shall be sent to all Members not less that ten (10) days nor more than ninety (90) days in advance of the meeting. The notice shall specify the place, day and hour of the meeting and the nature of the business to be undertaken. A quorum for such meeting shall be fifty one percent (51%) of the total voting power of the Association through presence in person or by proxy. If the required quorum is not present, another meeting may be called subject to the same notice requirements stated herein, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum- for the preceding meeting, but not less than twenty-five percent (25%) of the total voting power of the Association, Section 6, Both regular assessments and special assessments shall be fixed at a uniform rate for all Condominiums, except as provided in Section 4(a) and (b) of this Article III, and may be collected on a monthly basis or otherwise as determined by the Board, Any assessment not paid within thirty (30) days after the due date shall be delinquent and shall bear interest at the rate of six percent (6%) per annum from the due date, until paid. Section 7, The regular assessments provided for herein shall commence as to all Condominiums covered by this Declaration on the first day of the month following the conveyance of the first Condominium to an Owner. The Board shall determine and fix the amount of the annual regular assessment against each Condominium at least thirty (30) days in advance of each annual assessment. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specified Condominium has been paid. A properly executed certificate of the Association as to the status of assessments on a Condominium is binding upon the Association as of the date of its issuance. -7- Section 8. At any time after an assessment, levied by the Association affecting any Condominium has become delinquent, subject to Section 10 of this Article III, the Board may file for recording in the Office of the County Recorder a notice of delinquency as to such Condominium, v-jhich notice shall state all amounts which have become delinquent with respect to such Condominium and the costs (including attorney's fees) and interest which have accrued thereon, the amount of any assessments relating to such Condominium which are due and payable although not delinquent, a description of the Condominium with respect to which the delinquent assessments are owed, and' the nane of the record or reputed record Owner of such Condominium. Such notice shall be signed by the President or Vice President and Secretary or Assistant Secretary of the Association. Tn the event the delinquent assessments and all other assessments which have become due and payable with respect to the same Condominium together with all costs (including attorney's fees) and interest which have accrued on such amounts are fully paid or otherwise satisfied prior to the completion of any sale held to foreclose the lien provided for in this Article, the Board shall record a further notice, similarly-signed, stating the satisfaction and releasing of such lien. Immediately upon recording of any notice of delinquency pursuant to the foregoing provisions of this Section, the amounts delinquent, as set forth in such notice, together with the costs (including attorney's fees) and interest accruing thereon, shall be and become a lien upon the Condominium described therein, which lien shall secure all other payments and/or assessments which shall become due and payable with respect to said Condominium following such recording, 'and all costs (including attorney's fees) and interest accruing thereon. Said lien shall continue for a period of one (1) year unless extended for a period of an additional, year by the recording of a written extension by the Association, When a notice of assessment has been recorded, such assessment shall constitute a lien on each respective Condominium prior and superior to all other liens, except (i) all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (ii) the lien or charge of any first Mortgage of record. Section 9. Each assessment lien may be foreclosed subject to Section 10 of this Article III as and in the same manner as the foreclosure of a mortgage upon real property under the laws of the State of California, or may be enforced by sale pursuant to Sections 2924, 2924(b), 2924(c) and 1356 of the California Civil Code, and to that end a power of sale is hereby conferred upon the Association. The Association, acting on behalf of the Condominium Owners, shall have the power to bid for the Condominium at a foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid assessments, rent and attorney',s fees shall be maintainable without foreclosing or waiving the lien securing the same. Section 10, A monetary penalty imposed by the Association as a disciplinary measure for failure of a member to comply with the governing instruments or as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to common areas and facilities for which the member was allegedly responsible or in bringing the member and his subdivision interest into compliance with the governing instruments may not be characterized nor treated in the governing instruments as an assessment which may become a lien against the member's subdivision interest enforceable by a sale of the interest in accordance with the provisions of Sections 2924, 2924 (b) and 2924 (c) of the Civil Code, c The provisions of this Section 10 do not apply to charges imposed against an owner consisting of reasonable late payment penalties for delinquent assessments and/or charges to reimburse the Association for the loss of interest and for costs reasonably incurred (including attorney's fees) in its efforts to collect delinquent assessments. If there exists a conflict between the terms of this Article III, Section 10 and any other provision of this Declaration, Article III, Section 10 will prevail. Section 11. The lien of the assessments provided for herein shall be subordin- ate to the lien of any first Mortgage upon any Condominium. Sale or transfer of any Condominium shall not affect the „assessment lien. However, the sale or transfer of any Condominium pursuant to a judicial or non-judicial of a first Mortgage shall extinguish the lien of which became due prior to such sale or transfer, relieve such Condominium. ,.from lien rights for becoming due. Where the Purchaser (Mortgagee of obtains title to a Condominium Unit title, his successors and assigns, common expenses or assessments foreclosure such assessments as to payments No sale or transfer shall any assessments thereafter a first Mortgage of record) foreclosure, such acquirer of liable for the share of the to such to such as a result of shall not be by the Association chargeable Condominium which became due prior to the acquisition of title Condominium by such acquirer. Such unpaid share of common expenses or assessments -shall be deemed to be common expenses collectible from all of the Condominiums including such acquirer, his successors and assigns. Section 12, In the event that'any taxes are assessed against the Common Area or the personal property of the' Association, rather than against the individual Condominiums, said taxes shall be added to the annual assessments and, if necessary, a special assessment may be levied against the Condominium in an amount equal to said taxes, to be paid in two (2) installments, thirty (30) days prior to the due date of each tax installment. Section 13. Living Units Declarant shall be owned by Declarant. liable for payment of any assessment against ARTICLE IV POWERS AND DUTIES OF ASSOCIATION Subject to other provisions of the Declaration and to the limitations of the Articles of Incorporation, the Bylaws anxi'the California Corporations Code as to action to be authorized or approved by the Members, all corporate powers shall be exercised by or under the authority of, and the business and affairs of the Association shall be controlled by the Board. Without prejudice to such general powers but subject to the same limitations, it is hereby expressly declared that the directors shall have the following powers and duties: Section 1. To select and remove all the officers, agents and employees of the Association, prescribe such powers and duties for them as may not be inconsistent with law, the Articles of Incorporation, the Bylaws or the Dec!aration. Section 2. Associ ation, To conduct, manage and control the affairs and business of the and to make such rules and regulations therefor not inconsistent -9- r^ w with law, the Articles of Incorporation, the Bylaws or the Declaration as they deem best, including rules and regulations for the operation of the Common Area and facilities owned or controlled by the Association. Section 3. To change the principal office for the transaction of the business of the Association from one location to another within the same county; to designate any place within the Condominium Property Area or at a place as close thereto as possible for the convenience of all members of the Association for the holding of any membership meeting or meetings and to adopt, make and use a corporate seal, and to alter the form of such seal from time to time as in their judgment they may deem best, provided such seal shall, at all times, comply with the provisions of law. Section 4. With the vote or written assent of the majority of the voting power of the Association residing in members other than the Declarant: to incur aggregate expenditures for capital improvements to the common area; to borrow money and incur indebtedhess for the purposes of the Association; to sell the property of the Association; and to cause to be executed and delivered, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations or other evidences of debt and securities therefor. Section 5. To contract and pay for fire, casualty, liability, fidelity and other insurance adequately insuring the Association and Owners with respect to the Common Area and the affairs of the Association, which shall include bonding of the members of any management body. Notwithstanding any provisions to the contrary herein, so long as the Federal National Mortgage Association ("FNMA") holds a Mortgage on a Condominium in the Project, or owns a Condominium, the Association shall continuously maintain in effect such casualty and liability insurance and fidelity bond, meeting all requirements and containing such coverage and endorsements as may be required from time to time by FNMA. Such insurance shall include, but not be limited to, the following: (a) A policy or policies of fire insurance with extended coverage endorsement in an amount equal to 100% of the full replacement value of the Living Units and Common Area, payable as provided in Article X, Section 1, herein, or such other fire and casualty insurance as the Directors shall determine gives substantially equal or greater protection to the Owners, and their mortgagees, as their respective interest may appear. Such coverage shall be reviewed annually by the Directors and increased at their descretion; (b) A policy or policies insuring, the Board of Directors and the Owners and/or Owners' Association against any liability to the public or to the Owners, their tenants and invitees, incident to the ownership and/or use of the project, and including the personal liability exposure of the Owners, Limits of liability under such insurance shall not be less than $250,000.00 for any one person injured, $500,000.00 for any one accident, and $50,000.00 for property damage. Such limits and coverage shall be reviewe'd at least annually by the Directors and increased by their discretion. Said policy or policies shall be issued on a comprehensive liability basis and shall provide cross-liability endorsement where the rights of named insureds under the policy or policies shall not be prejudiced as repects his, her, or their action against another named insured; -10- (c) Workmen's compensation insurance to the extent necessary to comply with any applicable laws; Whether or not FMNA holds any Mortgage., fidelity insurance shall be in the form OT a bond in an amount equal to one hundred fifty percent (150/=) of the Association's annual assessment plus reserves, which names the Association as obligee and protects against misuse and misappropriation of Association property by Members of the Board, officers and employees of the Association and any management agent and his employees whether or not any such persons are compensated for their services. Section 6. To pay all charges for water, electricity, gas, CATV and other utility services for the Common Area and, to the extent not separately metered or charged, for each Living Unit and assigned Garage. Section 7. To perpetu'aMy manage, operate, maintain and repair in good, sanitary and attractive condition the Commion Area, landscaped area, and all improvements located thereon, including the restoration and replacement of any or all of the buildings, structures or improvements which are part of the Common Area at any time and from time to time as the Board may determine desirable or necessary; and to make capital expenditures for and on behalf of the Association with the vote or written assent of a majority of the voting power of the Association residing in members other than Declarant. Section 8. To enter onto any*Exclusive Use Area subject to the limitations set forth in this Declaration. • Section 9. To enforce the provisions of the Declaration, the Articles of Incorporation and Bylaws of the Association, the rules and regulations adopted by the Board and the provisions of any agreement to which the Association is a party. Section 10, To contract and pay for maintenance, gardening, utilities, materials, supplies and services relating to the Common Area, and to employ personnel necessary for the operation and maintenance of the sane, including legal and accounting services; provided, however, that the term of any contract with a third person for supplying goods or services to the Common Area or for the Association shall not exceed a term of one (1) year unless a longer term is approved by a majority of the voting power of the Association residing in Members other than Declarant, except .that a contract with a public utility company, materials or services the rate for which are regulated by the Public Utilities Commission, may exceed a term of one (1) year so long as it does not exceed the shortest term for which the public utility will contract at the regulated rate; a contract for prepaid casualty and/ or liability insurance policies may be for a term not to exceed three (3) years, provided that the policy permits short rate cancellation by the Association; and a management contract, the terms of which have been approved by the Veterans Administration when applicable, may exceed a term of one (1) year. Anything contained herein to the contrary notwithstanding, the Board shall not terminate professional management of the Condominium Property and assume self-management without the prior written approval of Mortgagees holding seventy-five percent (75%) or more of the first Mortgages on Condominiums and any agreement for management of the Condominium Property and any other contract providing for services by the Declarant, shall be terminable for. cause upon thirty (30) days written notice, -11- c o and without cause or payment of a termination fee upon ninety (90) days, or fewer, written notice and shall have a term of not more than three (3) years, renewable with the consent of the Association and the management agent. No contract with the Association negotiated by Declarant shall 'exceed a term of one (1) year. Section 11. could become To pay any taxes and governmental special assessments which are or a lien on the Common Area or any portion thereof. Section 12. To initiate and execute disciplinary proceedings against Members of the Association for violations of the provisions of the Articles of Incorporation and Bylaws of the Association, the Declaration and the rules and regulations adopted by the Board. Said fAembers shall have appropriate notice and an opportunity for a hearing before the Board (pursuant Corporation Code 7341). to California Section 13. provided in To prepare budgets the Bvlaws. and financial statements for the Association as Section 14. Upon the written request of the holder of any first Mortgage encumbering any Condominium, to notify the same in writing of any default by the Owner of such Condominium in the performance of the Owner's obligations under the Bylaws or the Declaration which is not cured within thirty (30) days. Section 15. To give notice in ^vriting to the Federal Home Loan Mortgages Corporation ("FHLMC") in care' of the servicers of FHLMC loans on Condominium Area if such loss or taking exceeds $10,000.00, and of any damage to a Living Unit if such damage exceeds $1,000.00. Section 16. To give timely written notice to all first mortgagees of any substantial damage to or destruction of any Living Unit or any part of the Commom Area and, if any Living Unit, or any portion thereof, or the Common Area, or any portion thereof, is made the subject of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority to give timely written notice to all first Mortgagees of any such proceeding or proposed acquisition. Section 17. To prosecute or defend, in the name of the Association, any action affecting or relating to the Common Area or the property owned by the Association, and any action in which all or substantially all of the Owners have an interest. Section 18, To delegate any of its powers hereunder to others. Committees, officers and employees. Section 19, To elect the officers of the governing body. includi ng Section 20, To fill the vacancies of the governing body except for a vacancy created by the removal of a Director from the governing body, which the latter will require the vote or written assent of a majority of the voting power of the Association residing in members other than the Declarant to fill such vacancy. •12- ARTICLE V USE OF LIVING UNITS, ASSIGNED GARAGES AND COMMON AREA AS DESCRIBLD IN CONDOMINIUM PLAT Section 1, Each living Unit shall be improved, used and occupied for private, single-family dwelling purposes only, and no portion thereof nor the Common Area shall be used for any commercial purpose whatsoever; provided, however. Declarant may use any of the Living Units owned by Declarant as model homes and sales office during that period of time commencing when the Condominiums are first sold or offered for sale to the public and ending when all the Condominiums in the Project are sold and conveyed by Declarant to separate owners therof, or three (3) years from the date of sale of the first Condominium in the Project, whichever shall first occur. Section 2. Each Owner shall have the right to lease his Living Unit, patio or balcony/deck (where applicable) and assigned Garage together provided that such lease is in writing and provides that the tenant shall be bound by and obligated to the provisions of this Declaration, the Bylaws and the rules and regulations of the Board; provided, however, that no such lease shall be for transient or hotel purposes. Any such lease which is either for a period of less than thirty (30) days or pursuant to which the Lessor provides any services normally associated-with a hotel shall be deemed to be for transient or hotel purposes. Section 3. No Living Unit, assigned Garage, nor improvements situated therein shall be occupied or used for any purpose or in any manner which shall cause such improvements to be uninsurable against loss by fire or the perils of the extended coverage endorsement to the California Standard Fire Policy form, or cause any such policy or policies representing such insurance to be cancelled or suspended, or the company issuing the same to refuse renewal thereof. Section 4, No more than two (2) usual and ordinary household pets (exclusive of .caged birds) may be kept in any Living Unit, assigned Garage and assigned Patio and/or Balcony/Deck without the prior written consent of the Board, Pets shall not be allowed on the Common Area except as may be permitted by rules made by the Board, Except as provided hereinabove, no animals, livestock, birds or poultry shall be brought within the Condominium Property or kept in any Living Unit or on any portion of the Common Area, Section 5, No Living Unit nor assigned Garage nor assigned patio shall be used in such manner as to obstruct or interfere with the enjoyment of occupants of Other such areas or annoy them by unreasonable noise or otherwise, nor shall any nuisance be committed or permitted tooccur in any Living Unit nor on any Common Area. Section 6. No signs other than one (1) sign of customary and reasonable dimensions advertising a Condominium for sale or lease, shall be erected or displayed in any Living Unit so that it is visible from without such area without the prior written permission of the Board, and all signs must conform with applicable governmental ordinances. No signs shall be erected or displayed on the Common Area except signs placed by authority of the Board. Anything contained in the Declaration to the contrary notwithstanding. Declarant shall have the right to install and maintain during the sales period set forth in -13- (v) as Exclusive Use Areas to be used in the manner hereinafter described; nothing herein contained shall be deemed to allow persons other than the Owner of a Living Unit to wtiich an Exclusive Use Area is appurtenant (or his tenants and licensees) to enjoy the use thereof. No part of the Common Area shall be obstructed so as to interfere with its use for the purposes hereinabove permitted, nor shall any part of the Common Area be used for storage purposes (except as incidental to one of such pemiitted uses, or for storage of maintenance equipment used exclusively to maintain the Common Area), nor in any manner which shall increase the rate at which insurance against loss by fire, or the perils of the extended coverage endorsement to the California Standard Fire Policy form, or bodily injury, or property damage liability insurance covering the Common Area and improvements situated thereon may be obtained, or cause such premises to be uninsurable against such risks or any policy or policies representing such insurance to be cancelled or suspended or the company issuing the same to refuse renewal thereof. Section 12. Except as otherwise provided herein, no Owner shall make any alteration or improvement to the Common Area or remove any planting, structure, furnishing or other object therefrom except with the prior written consent of the Board. Section 13. Each Owner shall be legally liable to the Association for all damages to "the Common Area or to any improvements thereof or thereto, including but not limited to the buildings, recreation facilities and landscaping caused by such Owner, his licensee(6) or any occupant of such CKvner's Living Unit as such liability may be determined under California law. Section 14, In addition to Section 1 of Article VI, each Q^ner shall have the right and obligation, at his sole cost and expense, to maintain, repair, paint, paper, panel, plaster, tile and finish the interior surfaces of the ceilings, floors, window frames, door frames, trim and perimeter walls of the Living Unit and the surfaces of the bearing walls and partitions located within the Living Unit. Said Owners shall have the right to substitute new finished surfaces in place of those existing on said ceiling, floors, walls and doors of said Living Unit in place of those existing on said ceiling, floors, walls and doors of said Living Unit. Section 15, Each Exclusive Use Area shall be (i) appurtenant to the Condominium Living Unit of which bear the same number as the Exclusive Use Area as set forth on the Condominium Plan, and (ii) used-only for the purposes set forth in this Declaration, The right to so use an Exclusive Use Area shall be exercisable only by the Owner(s) of the Condominium appurtenant thereto and/or said Owner's tenants and licensee(s). Conveyance of a Condominium shall effect conveyance of Exclusive Use Areas appurtenant thereto and transfer of all rights thereto to the vested Owner of the Condominium. Any license(s) thereto shall be terminated upon such conveyance. No Exclusive Use Area or any rights thereto (other than said revocable licenses) shall be transferred or conveyed apart from conveyance of the Condominium to which it is appurtenant. Each Exclusive Use Area shall be deemed to be Common Area for all those purposes set forth in this Declaration which are not inconsistent with this Article V or Article VI. Section 16. Each Owner shall have the following rights with regard to the Patio (when applicable) which he has the exclusive right to use: -15- (i) To place furniture and potted plants upon said area. (ii) To landscape and plant flowers and shrubs '.vtiich do not unreasonably Interfere with the enjovmient of adjacent Living Units and Patios. Each Owner shall have the right to place furniture and potted plants upon the Balcony/Deck, if any, vhich he has the exclusive right to use. Each Owner shall have the right to park and store two (2) standard automotive yehicle(s) in the assigned Garage as designated on the Condominium Plan; Each Owner shall also be entitled to use the uncovered Common Area guest parking spaces in accordance with the purpose for which it is intended, without hindering or encroaching upon the lawful rights of the other O'wners. Except as provided in this Section 16 and Article VI, Section 1, nothing contained herein shall ^\iie any Owner the right to paint, decorate, remodel or alter said Exclusive Use Areas or any other part of the Common Area without the prior written consent of the Board. Section 17. No power equipment, hobby shops or car maintenance (other than emergency work) shall be pennitted on the Real Property except with prior written approval of the Board. Approval shall not be unreasonably withheld and in deciding- whether to grant approval the Board shall consider the effects of noise, air pollution, dirt or grease, fire hazard, interference with radio or television reception, and similar objection. Section 18. Anything contained in this Declaration to the contrary notwithstanding, no building, fence, wall or other structure or improvement shall be commenced, erected, placed or altered upon the Common Area until the location and the complete plans and specifications showing the nature, kind, shape, height and materials,including the color scheme, have been submitted to and approved in v/riting as to harmony of external design, color and location to surrounding structures and topography by the Board or by an Architectural Committee composed of three (3) or more, but not to exceed five representatives appointed by the Board from the membership of the Association. The grade, level or drainage characteristics of the Condominium Property or any portion thereof shall not be altered without the prior written consent of the Board or its designated committee. Plans and specifications for the installation of a solar heating system by a unit Owner must be submitted to the Board or Architectural Committee for approval prior to said installation. The Board or Architectural Committee shall reasonably review and" "grant its approval of said installation unless the proposed work will harm the project or conflict with the general plan of the development. Any solar- heating system approved by the Board or Architectural Committee will still be subject to the applicable zoning district regulations, the Uniform Building Code and associated ordinances. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this article will be deemed to have been fully complied with. The provisions of this Section 18 shall not apply to the initial construction by Declarant of dwellings or other improvements on the Condominium Property, and neither the Board nor any committee appointed by the Board shall have any authority or right to approve or disapprove thereof. -16- Page 1 of CONDOMINILM PLAN FOR LOT 1 OF CARLSBAD TRACT NO. 8 2-3 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO STATE OF CALIFORNIA WE THE UNDERSIGNED, BEING THE RECORD OWNERS OF THE LAND INCLUDED WITHIN THIS PROJECT, AND THE RECORD HOLDERS OF SECURITY INTEREST HEREIN, HEREBY CONSENT TO THE RECORDATION OF THIS PLAN PURSUANT TO THE PROVISIONS OF CHAPTER 1, TITLE 6, PART 4, DIVISION SECOND OF THE CIVIL CODE. A DIAGRAMMATIC FLOOR PLAN OF THE BUILDINGS ON SAID LAND AND CERTIFICATE AS REQUIRED UNDER CALIFORNIA CIVIL CODE SECTION NO. 1351. (OWNERS) 367 JEREZ COMPANY, A GENERAL PARTNERSHIP, OWNER ROBERT F. WILKENSON, PARTNER I HEREBY CERTIFY THAT I AM A REGISTERED CIVIL ENGINEER OF THE STATE OF CALIFORNIA, THAT THIS PLAN CONSISTING OF / SHEETS CORRECTLY REPRESENTS THE BOUNDARY OF THIS CONDOMINIUM PROJECT AND DIAGRAMMATIC PLAN OF THE UNITS BASED UPON CONSTRUCTION PLANS. - - t 'V . !. } WILLIAM DOYLE BOWERS RCE 18473 3 Page 2 of U CONDOMINIUM PLAN FOR LOT 1 CARLSBAD TRACT NO. 82-3 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO STATE OF CALIFORNIA OF On this day of 1984 before me the undersigned, A Notary Public in and for said County and State, personally appeared Robert F. Wilkinson, known to me to be one of the partners of 367 Jerez Company, A Partnership, the partnership that executed the within instrument and known to me to be the person who executed the same on behalf of said partnership, and acknowledged to me that said partnership executed the same. In witness whereof, I have hereunto set my hand and affixed my Notarial Seal, the day and year in this certificate first above written. My commission Expires Notary Public in and for said County and State Q Page 3 of (5 CONDOMINIUM PLAN FOR LOT 1 OF CARLSBAD TRACT NO. 82-3 IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA NOTES: 1. The "Common Area" of this Condominium Project is the land and Real Property included within the limits of this project as defined hereon excepting therefrom Units 1 to 6 inclusive, as shown and defined hereon. 2. Each of Units 1 to 6 includive is composed of four elements shown hereon. 3. The units of this project are numbered 1 to 6 inclusive. A unit consists of all those elements bearing identical number designations. The number designation of an element coincides with the number of that unit of which it is a part. Whenever reference is made to any of units 1 to 6 inclusive, it shall be construed that reference is made to the unit as a whole, including each of its component elements. 4. The vertical limits of the element shown hereon are horizontal planes described by the elevations tabulated hereon as lower elevation (LE) and upper elevation (UE), 5. All contiguous units are 0.8' apart. All garages and decks are 0.4' from their respective dwelling areas and contiguous garages are 0.8' from dwelling areas bearing a different number designation. 6. The following are not a part of the unit: bearing walls, columns, floors, roofs, foundations, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located except the outlets thereof located within the unit. 7. Those areas on this plan bearing the designation A and B are elements of a condominium consisting of dwelling areas. Those areas on this plan bearing the designation G are the Garage elements of a condominium. The boundaries of these elements are the interior surfaces perimeter walls, floors, ceilings, windows and doors. 8. Those areas shown on this plan bearing the designations "D" depicting Deck Area are elements of a condominium unit. The boundaries thereof buildings or horizontal and vertical planes at the limits of the dimensions show hereon. 9. Wall thickness between component air spaces of a unit are 0.4' unless otherwise indicated. 13. Unless otherwise shown, all ties to elements are at right angles from the lines which they join, and all element lines intersect at right angles unless otherwise shown. • Page 4 of / ^ CONDOMINIUM PLAN FOR LOT 1 OF CARLSBAD TRACT NO. 82-3 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO STATE OF CALIFORNIA DESCRIPTION OF PROJECT THE LAND INCLUDED WITHIN THIS PROJECT IS ALL OF LOT 1, AS SHOWN ON MAP RECORDED IN BOOK PAGES AND INCLUSIVE, OF MAPS OF THE OFFICE OF THE SAN DIEGO COUNTY RECORDER. LEGi LE = LOWER ELEVATION UE = UPPER ELEVATION D = DECK A = LOWER FLOOR B - UPPER FLOOR C = INTERMEDIATE FLOOR G = GARAGE M - INCLINED PLANE OF UPPER ELEVATION BASIS OF BEARINGS THE BEARINGS SHOW HEREON ARE BASED ON THE CENTER LINE OF JEREZ CT. SHOWN IN 1° - 55' - 21" W ON MAP NO. 6600, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10, 19' BENCH MARK ELEVATION 17.7 70 (MSL) (USGS) CHISELED SQUARE ON CONCRETE CURB, SOUTH SIDE OF BRIDGE, ABOVE WPA MARK, ON LA COSTA ROAD, 8 5 FEET WEST OF EL CAMINO REAL t o 0) Z.I J4. 9 AO' I-A- o 1—1 EH O ro Q a 1 < CN PQ 00 o o <c . I—t O < fcj 2 z 2 u « < Q O fc fc U o 2 1—I < <: CC >i < en o n fc 2 Q u o fc 1—1 <C o CQ w >H o CO EH w Q a 2 EH 2 ;D < O < 2 o £H CJ u u cn N CM n o td/1 ?.5 8.3 fc O EH O ro a I « 00 O fc • O 2 2 < yA EH Cll CJ < O EH 2 Q S CQ O cn Q ^ 2 Cti O < u u Q < CQ CO a o < w O 2 >i CO EH U O 2 CC Q O fc EH 2 O u CO <: u fc o w EH < /3.0' 2a.S CM /.o ^ 7.4 8.C' o fc o EH O ro Q o fc o 2 O < O HH W 2 M CC a o 2-6 OS "1 -f.s Si a. 6 /o.o 3-G 9.0 CM f.Z' "^ 3'-Ol /o.o fc o OT cc 00 O fc • o 2 2 < K4 EH ft U S CC CO EH HH 2 Q 1—I i< S CQ O cn Q 2 CC O < U CJ Q < cq CO l-H O < 0^ o n -< W 2 U M « Q O fc fc O 2 rt: >H CO EH l-H fc u o < fc o fc >H EH 2 2 O EH i-H u cn w EH —4- /.o 2- CM 2S.7' 3 - ^ A3' JZ.S" Z-0 2o.o' J r «5' 3-C7 J 0 J V 2^.8' 2-0 va V r A- ,1 H '1 fc o ^ o \ / o fo Q 1-1 1 < rsi CQ Ci CO cn O H^ o < fc • CC CJ HH O <. w 2 2 2 u HH <: Q O 1-4 fc fc cu U o 2 HH rt: < s: C^ >H cn rt: CO EH EH u HH HH fc 2 Q CJ o fc < o s CQ fcl o cn EH w Q H:I 2 EH 2 CC rt: O < 2 O EH U U HH u CO < i i 1 fc o o ro Q 1-1 1 BA cc 00 CO o J o fc • a HH O < fc 2 2 2 u HH cc < Q O H^ EH fc fc a, tJ o 2 HH < < H^ s: CC >H cn < IU EH IT fc O 2 Q u o fc HH rt; o 5: CQ w >H o cn cc EH w Q J EH 2 2 CC CD < O < 2 o EH U u HH u CO Jl/.' /&./ <V« /A 7' •4 si 00 /7.7' ITJ'' ^ •::!^L^ IM ••1 n 01 r — f) fc o O ro H^ I r\l 00 O fc • O 2 2 rt; H^ H CLl (J rt; s cc CO EH HH 2 Q HH < S CQ O cn Q ^ 2 CC O rt; U rj Q < CQ cn H^ O CC CJ W 2 HH cc Q O fc HH H:I < HH fc U O fc o w EH rt; EH va I /7.S- 2 ' J HH u CO ' 1 fc o O ro ^ I CM 00 o fc • o 2 2 rt; H4 EH CJ 2 cc .ZD EH Q rt; CQ r/l J O CC CJ Q rt; S CQ o cn Q H4 2 CC O rt; U U W >H CC EH EH 2 ZD 2 O W 2 HH K Q O rt; ^ CO rt; u HH fc u o fc HH U CO APPLICATION SUBMITTAL DATE; January 22, 1982 STAFF REPORT DATE: March 24, 1982 TO: Planning Commission FROM: Planning Department SUBJECT: CT 82-3/CP-203y JEREZ COMPANY - Request for a 6 unit Tentative Tract Map and Condominium Permit on a .38 acre lot at 7506 Jerez Court, La Costa in the RD-M Zone. I. PROJECT DESCRIPTION The applicant proposes to construct a 6 unit condominium project on a .38 acre parcel, located as described above. The proposed project will result in a density of 15.7 dwelling units per acre which is below the General Plan designation of 20-30 dwelling units per acre for this site. The project will be located on a previously graded parcel directly above the La Costa Golf Course. Existing condominiums are located to the west and south of this project while the golf course is to the north and east of the site. As proposed this project will consist of two story townhouse units with attached garages, none of which will exceed 33 feet in height. The units will vary in size from 1725 sq. ft. to 2534 sq. ft. II. ANALYSIS Planning Issues 1. Does the project conform with the development standards and design criteria of the condominium ordinance? 2. Can the projects design, which is below the density designated for this site by the General Plan, be justi- fied? Discussion Development Standards As proposed, there will be no common recreation facilities for this project. Each of the units will have a private recreation area in their rear yards overlooking the golf course. These areas will vary in size from 340 square feet to 534 square feet and each will have a hot tub as well as a patio and/or deck. In addition, each of the units will have a small second story bal- cony. As shown on the exhibits, each of the units will be provided with a two car garage. These garages will be large enough to provide all of the storage required by the condominium ordinance. All three of the required visitor parking spaces will be provided on-site. The area around the guest parking spaces will be heavily landscaped to screen these parking spaces from the street. Staff has found that this project meets all the development stan- dards of the condominium ordinance. Design Criteria - Density As mentioned previously, the density of this project is below the density designated for this site by the General Plan. Staff believes that in this instance the lower density is justified. Since this site has an excellent location overlooking the La Costa Golf Course and is at the end of a quiet cul-de-sac, it is a logical location for large, luxury condominiums. The applicant has taken advantage of the irregular shape of this lot to design the units, and their recreation areas so that they overlook the golf course. Also, the density, size and design of the project are reasonably compatible with surrounding development in this vicinity. The applicant has attempted to breakup the dominance of the asphalt driveway area by the use of stamped concrete. Heavy landscaping and mounding around the guest parking spaces will also help to breakup the dominance of the driveway. Overall, staff believes that both the development standards and design criteria of the Condominium Ordinance have been met by this project. III. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not have a significant impact on the environment and therefore has issued a Negative Declaration on March 2, 1982. IV. RECOMMENDATION It is recommended that the Planning Commission Approve the Nega- tive Declaration issued by the Planning Director and adopt -2- Resolution No. 1929, Approving CT 82-3/CP-203, based on the findings and subject to the conditions contained therein. ATTACHMENTS 1. PC Resolution No. 1929 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Reduced Exhibits 6. Environmental Documents 7. Exhibits "A" - "H", dated February 8, 1982 MH:ar 3/18/82 -3- LOCi«TlON A P CASE Mn. Ct82-3/CP203 APPI IC ANT 367 JEREZ CO. VICINITY MAP Costa BACKGROUND DATA SHEET CASE NO: CT 82-3/CP-203 APPLICANT: 367 JEREZ COMPANY REQUEST Ab© LOCATION: Tentative Tract Map and Condo Permit to construct 6 units on the north side of Jerez Court at 7506 Jerez Court. IfXSAL DESCRIPTICN: lot 367 of La Costa South Unit No. 5, according to Map 6600 filed March 10, 1970. APN: 216 - 290 - 11 Acres .38 Proposed No. of Lots/Units _1 GENERAL PLAN AND ZOJING Land Use Designation RH Density Allowed 20-30 Density Proposed 15.6 Existing Zone RD-M Proposed Zone RD-M Surrounding Zoning and Land Use: Zoning Land Use North P;;C Golf Course South RD-M Condo East P-C Golf Course West RD-M Condo PUBLIC FACILITIES San Dieguito & School District Encinitas Union Water Carlsbad Sewer Leucadia Co. EDU's 6 Public Facilities Fee Agreement, dated January 6, 1982 ENVERCNMENTAL IMPACT ASSESSMENT X Negative Declaration, issued March 2, 1982 E.I.R. Certified, dated Other, If after tha inf arraatioa^l^ounar^^ t-tWfc further, informatian ^^-^ required, you will be so <id.yj Naiaa (individual, partnership, joint venture, corporation, syndicatior.) Business Address Telephona Number Mama Business Address Telephona Nuisbar ^ • Eo3& iiddrsss Naraa '{individual, partner, joint venture, cortjoration, syndication) -.£•_, cz^^iAc- It f^^t (r?^^^»^^ "^(^"S^i l^//*'l>,^Ai.76' fHtr. l^MNTy6£ ^Acf '706OJ Telephone Number Teleohone Sivmber £jy>'^r/i /vyz /\A ^/g^jar)^ ^A^jn-ZTM llaizs py^^y^ cuA^rrS /-^.o/r^iiX ^ S PA. ^ Eoms ?.ddress :='isine3S i--c:aress T'slsohone Nc3bar Telephone iUiaber (Attach mora sheets if necessary) l/We declare ur.dsr ::2r.alty 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 a:nendsd. Applicant BY / A A^ent, 0-.-.-ner, Partner r DEVELOPMENTAL SERVICES • Assistant City Manager (714) 438-5596 • Building Department (714) 438-5525 • Engineering Department (714) 438-5541 Q Housing & Redevelopment Department 3096 Harding St. (714)438-5611 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of Carliibab Planning Department (714) 438-5591 PUBLIC NOTICE CF PREPARATION PLEASE TAKE NOTICE: The Planning Department of the City of Carlsbad intends to prepare a ISfegative Declaration for the follcwing project: Project Description: Request for ^proval of a Tentative Subdivision and Ccndctninium Permit to develop 6 units on .38 acres. Project address/Location: 7506 Jerez Court Anticipated significant irtpacts: l£»ne We need to know your ideas about the effect this project might have CXI the env-ircairaent and your suggestions for ways the project could be revised to reduce or avoid any significant environmental damage. Your ideas mil help us decide what issues to analyze in the envircxi- mental review of this project. Your ccnrnents on the environmental impact of the proposed project may be si±mitted in writing to the Planning Department, 1200 Elm Avenue, Carlsbad, CA 92008, no later than March 4, 1982 DATED: February 11, 1982 CASE ND: CT 82-3/CP 203 APPLICA^IT: 367 JEREZ CCMPANir PUBLISH D/^E: February 17, 1982 W> 3 5/81 JAMES C. HAGAMAN Plannirg Directi DEVELOPMENTAL O^^^K ''200 ELM AVENUE SERVICES m /^w^m CARLSBAD,CALIFORNIA92008 • Assistant City Manager (714) 438-5596 (714) 438-5525 Q Engineering Department (714) 438-5541 D Housing & Redevelopment Department 3096 Harding St. (714)438-5611 • Planning Department NEGATIVE DECLARATION (714) 438-5591 PROJECT ATORESS/LOCATION: 7506 Jerez Court, La Costa PROJECT DESCRIPTION: Request for approval of a Tentative Subdivision Map and Condominium Permit to develop 6 units on .38 acres. Construction of the project will require approximately 500 cubic yards of grading. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is cai file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Comments frcro the public are invited. Please submit comments in writing to the Planning Departraent within ten (10) days of date of issuance. DATED: March 2, 1982 JAMES C. HAGAMAN CASE NO: CP 82-3/CP-203 " Planning Director APPLICANT: JEREZ COMPANY PUBLISH DATE: March 6, 1982 ND-4 5/81 Applicant: FEB $100.00 ^ RECEIPT NO: ENVIRONM-NTAL IMPACT ASSESSMENT PORM - Part I CTo be Completed by APPLICAOT) CASE NO: CT32l^JcI-lo3 BATE'. /- <f X Address of Applicant: O Phone Number: C^LfiT) 6 ^7 ^ ^ 7 ^ Name, address and phone number of person to be contacted (if other than Applicant): GENERAL IM^OIM^TION: ' ' . • Description of Project: .1 Ao/tA)^t//Ot4Al Project Location/Address: 7 S'C 6 'Ti'/^t'^'S: 6c'u/P / C/^cc^/^Mh Assessor-Parcel Number; Zone of Si lb j ect Property: Proposed Use of Site: C (y,iA { 7~ &VAi./^i, List all otiier applicable applications related to tliis project: NI) 1 EIR 1 p Describe the activity area, including distinguishing natural and manvnacle charactGrist ies; 'also provide precise slope analysis when appropriate,. 3. Describe energy conservation measures incorporated into the design and/or operation of the project. (For a more specific discussion of' energy conservation requirements see • of the City's EIR Guidelines). 4. If residential, include the number of units, schedule of •• unit sizes, range of sale prices or rents, and type of • • household, size expected. . ' G o.iAi J^ _ ,-r 5* If commercial, indicate the type, whether n-aighborhood, - • •- .• ' • •. • city or regiono.lly oriented,- square footcige of sales area, . , c. id loading facilities. 6. If industrial, indicate type, estimated employment per shift, and loading facilities. 7. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading fcicilitics, and community benefits to be derived frcm the project. (I - A • . " • \,..A / I. . ]i:NVIR0Mf-4ENTAL IMPACT ANALYSIS Answer t.he followinq questions by placing a check in the appropriate space. (Discuss all items checked yes. Attach additional sheets as necessary).. YES NO 1) Could the project significantly change present land uses in the vicinity of the activity? 2) Covild the activity affect the use of a rec- reational area, or area of important • aesthetic value? 3) Could the. activity affect the functioning of an established conmiunity or neighborhood? 4) Could the activity result in the displacement • of community residents? 5) Could the activity increase the number of lov7 •and moderate cost housing units in the city? 6) Could the activity decrease the number of low and modest cost housing units in the city? 7) Are any of the natural or man-meide features in the activity area unique, that is, not' found in other parts of the County, State, or Nation? 8) Could the activity significantly affect a historical or archaeological site or its settings? 9) Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? 10) Does the activity area serve as a habitat, food source nesting place, source of water, etc. for rare or endangered wildlife on fish species? 11) Could the activity significantly affect fish, wildlife or plant life? 12) Are there any rare or endangered plant species in the activity area? 13) Could the activity change existing features of any of the city's lagoons, bays, or tidelands? < < • X < -7" 14) Could the activity change existing features of . any of the city's beaches? . 15) Could the activity result in the erosion or elimination of agricultural lands? 9 23) Will the activity involve construction, of facilities in the area of an active fault? 26) Will the. activity involve the burning of brush, trees, or other materials? 28) . Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? V 16) Could the activity serve to encoui'age develop- • . ment of presently undeveloped areas or intesify / development of already developed areas? ; • 17). Will the activity require a variance from . established environmental standards (air, water, ^ noise, etc)? ' • ' 18) Will the activity reguire certification, • • authorization or issuance of a permit by any local, state or federcil environmental control agency? • ' ' 19) Will the activity require issuance of a variance or conditional use permit by the city? 20) V^ill the activity involve the application, use, • >^ or disposal of potentially hazardous materials? 21) . Will the activity involve construction of facilities in a flood plain? • . 2) VJill the activity involve construction of . ^T. facilities on a slope of 25 .percent or greater? _____ X 24) ' Could the activity result in the generation V . of significant amounts of noise? • ' _^ 25) Could the activity result in the generation ^ of significant amounts of dust? 27) Could the activity result in a significant change in the quality of any por-tion of the region's air or v/ater resources? (Should note, X surface, ground v/ater, off-shore). . ' '•'_____ • 29) Will there be a.significant change to existing w land form? . \ -4- % A • : (a) indicate estimate^ grading to be done in cubic yards Q (b) percentage of alteration to tVie present land form ^ ._ (c) maximum height of cut or fill slopes >< 30) Will the activity result in substantial increases in the use of utilities, sevjers, drains, or streets? _________ )C 31) Is the activity carried out as part of a larger' project or series of projects? ' Vl .-5- p II. STATBIENT OF NON-SIGI^IFICANT E1\¥IR0NMENTAL EFFECTS I£ you have answered yes to one or more of the questions in Section I but you think the activity will have no significant enviroranental effects, indicate your reasons below: III. COMMFOTS OR ETABORATIONS TO ANY OF T[TE QUESTIONS IN SECTION I (If additional space is needed for answering any questions attach additional sheets as may be needed). ^. . /VA/I Signature "(Person completing report) Date Signed V- ^ ^ > 'ENVIROrsNEm-AL IMPACT ASSESSMENT FORM - Part II (To Be Completed By The PIAWNG DEPARTMENT) CASE NO. Cr^.-r^/<CP^-ZO^ I. ' BACKGROUND 1. APPLICANT: <^-7 ^gPSE^ ClO 2. ADDRESS AND PHONE NU?>IBER OF APPLICANT: (rZ^^S^ ^'=\^ - ^"75^ 3. DATE aiECKLIST SUBMITTED: \7?=!/^/feg.^ II. ENVIRONMENTAL IMPACTS (EXPLAl^IATIONS OF .UL AFFIRMATIVE ANSIVERS ARE TO BE MITTEN UNDER Section III - DISCUSSION OF E\VIRONMENTAL EVALUATION) Yes Maybe No 1. Earth Will the proposal have signi- ficant results in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, com- paction or overcovering of the soil? c. CJiange in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? f. Qianges in deposition or ero- sion of beach sands, or changes in siltation, deposition or erosion %^ich may modify the clianncl of a river or stream or the bed of the ocean or any bay, inlet or lake? .1 2. Air: Will the proposal have signi- results in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, mositure or tanperature, or any change in climate, either locally or regionally? 3. Water: Will the proposal have sigi- ficant results in: a. Changes in currents, or the course or direction of water move- ments, in either marine or fresh waters? b. Changes in absorption rates, drainage pattems, or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood waters? d. Change in the amount of sur- face water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Reduction in the amount of vater othenvise available for public water supplies? Yes Maybe No Yes Maybe No 4. Plant Life. Will the proposal have signi- ficant results in: a. Change in the diversity of species, or numbers of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? • ' c. Introduction of new species ' of plants into an area, or in a barrier to the normal replenish- ment of existing species? ' >^ d. Reduction in acreage of any agricultural crop? 5. Animal Life. Will the proposal have signi- ficant results in: a. Changes in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic organisms, insects or microfauna)? b. Reduction of the numbers of any unique, rare or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? 6, • "Noise. Will the proposal signi- ficantly increase existing noise levels? 7. Light and Glare. Will the pro- posal significantly produce new ^ light or glare? . / 8. Land Use. Will the proposal have significant rcsiilts in the alteration of the present or planned land use of . ^ an area? . y Yes Maybe No 9. Natural Resources. Will the pro- posal have significant results in: a. Increase in the rate of use of any natural resources? b. Depletion of any nonrenewable natural resource? 10. Risk of Upset. Does the proposal involve a significant risk of an explosion or the release of haz- ardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Population. Will the proposal significantly alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal signi- ficantly affect existing housing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal have significant re- sults in: a. Generation of additional vehicular movement? b» Effects on existing parking facilities, or demand for new parking? c» Impact upon existing trans- portation systems? d. Alterations to present pattems of circulation or move- ment of people and/or goods? e. Alterations to waterbome, Tail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? -4- Yes Maybe No 14. Public Sen^'ices. Will the pro- posal have a significant effect upon, or have significant, results in the need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facili- ties, including roads? f. Other governmental services? 15. Energy. Will the proposal have significant results in: a. Use of substantial amounts of fuel or energy? b. Demand upon existing sources of energy, or require the develop- ment of new sources of energy? 16. Utilities. Will the proposal have ' significant results in the need for new systems, or alterations to the folloiv'ing utilities: a. Power or natural gas? Communications systems? c. Water? d. Sewer or septic tanks? Storm water drainage? f. Solid waste and disposal? 17. ilimian Health. Will the proposal have signigicant re.sulls in the creation of any health hazard or potential licalth hazard (excluding • mental health)? Yes Maybe No 1^* Aesthetics. Will the proposal have significant results in the obstruc- tion of any scenic vista or view open to the public, or will the pro- posal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal have significant results in the impact upon the quality or quantity of existing recreational opportunities? 20* Archeological/Historical. Will the proposal have significant results in the alteration of a significant ' archeological or historical site, structure, object or building? 21. ANALYZE VIABLE ALTERNATR^S TO THE PROPOSED PROJECT SUCH AS: a) PHASED DE^I'EL0P>1I-;NT OF Tffi PROJECT; b) ALIERNATE SITE DESIGNS; c) ALTEPuNATE SCALE OF DE\/ELOPMF.MT; d) ALTERNATE USES FOR THE SITE; e) DE\T5L0PMENT AT SOME FUTURE TBE ?^Anm nm NOW; f) ALTERNATE SITES FOR IHE-PROPOSED USE; g) m PROJECT ALTERNATIVE. WAf^v^»>6^4rr '^+\A^\tA^. A.crap>t4A;T^ 22. MANDATORY FINDINGS OF SIGNIFICANCE. a) DOES THE PROJECT HAVE TIE POTEN- TIAL TO DEGRADE HIE QUALITY OF TI-E ENVIliONMENT, OR CURTAIL THE DIVERSITY IN TOE ENVIRON^.ENT? b) DOES 'IHE PROJECT HAVE Hffi POTEN- TIAL TO ACHIEVE SHORT-TEiy^I, TO THE DISADVANTAGE OF LONG-TERM, ENVIROiM:NTAL GO.US? (A SHORT- TERM IMPACT ON THE ENVIRON^ENT . IS ONE WHiai OCCURS IN A PxE- UTIVELY BRIEF, DEFINITIVE PERIOD OF TIME IVI-IILE LONG-TERM IMPACTS WILL EKT3URE WELL INTO THE FUTURE.) c) DOES THE PROJECT HAVE IMPACTS WHiai ARE INDIVIDUALLY LIMITED, • BUT CUMULATIVELY CONSIDEP.ABLE? (A PROJECT MAY IMPACT ON TIVO OR ^DRE SEPARATE l^SOURCES • WHERE THE IMPACT ON EACH RE- SOURCE IS RELATIVELY SMALL, . BUT ^VHERE THE EFFECT OF TFIE TOTAL OF THOSE IMPACTS ON THE ENVIRONMENT IS SIGNIFICANT.) d) DOES THE PROJECT HAVE ENVIRON- MENTAL EFFECTS MUCH WILL CAUSE SUBSTANTIAL ADVERSE EFFECTS ON HUM'VN BEINGS, Ein-ER DIRECTLY OR INT)IRECTLY? III.' DISCUSSIQN OF ENVIRONMENTAL EVALUTION Yes Maybe No Lz>d^-rec> ^ I^XCP err. nru-^ -sau^Hcn- •7- DISCUSSION OF EN\aRON^ENTAI. EVALUATION (Continued) ' . Tlte \\t^ 'e>^E>A ^RF^ex/lC^U^Ly ^RA£>«3 IV. DETERMINATION. (TO BE COMPLETED BY THE PLANNING DEPARTMENT) On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A conditional negative declaration will will be prepared. I find the proposed project MAY have a significant effect on the environment, and an EN\aROMMENTAL IMPACT REPORT is required. Date: -^iOAss?^, C j:Z^.^^//^/^ Signature V. MITIGATING MEASURES (IF APPLICABLE) SEPTEMBER 15, 1983 TO: PLANNING COMMISSION FROM: Project Manager TENTATIVE MAP EXTENSION FOR CARLSBAD TRACT CT 82-3/CP-203 (JEREZ COMPANY) I. RECOMMENDATION It is recommended that the Planning Commission approve the tentative map extension for CT 82-3. II. DISCUSSION Carlsbad Tract 82-3 is a 6-unit subdivision located at 7506 Jerez Court. The Applicant is requesting that the tentative map be extended until September 24, 1984. The tentative map was originally approved on March 24, 1982, per Planning Commission's Resolution No. 1929. The Applicant agreed to pay Public Facilities Fees with the original application. Planning and Engineering staffs have reviewed this project and recommend the Developer to execute the revised Public Facilities Fee Agreement as required by Council Policy No. 17. The Subdivider has signed an agreement to waive a prohibition of new conditions . 367 Jerez Company P. 0. Box 4647 Whittier, Ca. 90607 July 20, 1983 City of Carlsbad ATTN: Glyde-Wiek-am pf^r ^t^fc^f^^^ 1200 Elm Carlsbad, Ca. 92008 RE: Tentative Tract Map CT82-3/CP203 Planning Commission Resolution 1929 RECEIVED AUG 181983 CITY OF CARISBAD ENGINEERING DEPARTMENT On March 24, 1982, we received a tentative tract map and condominium permit for construction of a 6 unit condominium project located at 7506 Jerez Court, La Costa. Due to many circumstances including the recessionary economic conditions and delays in processing our plan check approval and our just recently being able to obtain our building permit, our project has been delayed in its development. We wish therefore to request an extension of one year on the expiry of our tentative tract map and condominium permit to September 24, 1984. Attached are a new public facilities agreement form (even though we have already paid this fee in taking cur building permit), agreement for waiver of prohibition form, copy of our trust deed, and our check for $250,00 being one-half of our original fee. Yours very truly, !- ."-^•^• CASE gvm, CT82-3/CP203 APPUTAIMT 367 JEREZ CO. VICINITY MAP Cosla DEVELOPMENTAL SERVICES • Assistant City Manager (714) 438-6596 • Building Department (714)438-5525 • Engineering Department (714) 438-5541 • Housing & Redevelopment Department 3096 Harding St. (714)438-5611 sr Planning Department (714) 438-5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of CarliSftab August 30, 1982 Robert F. Wilkinson 367 Jerez Company P.O. Box 4252 Whittier, California 90607 Dear Mr. Wilkinson: In reference to your letter regarding the incorrect date on PC Resolution #1929, the date of 3-24-81 has been corrected to reflect the correct year of '82. A copy of the corrected resolution is enclosed. Projects involving 50 or less units need not go forward to the City Council for approval. This applies to your 6-unit tentative tract map/condominium permit on Jerez Court. If you have any further questions, please feel free to call the Land Use Planning office at (714)438-5591. Sincerely, CITY OF CARLSBAD MICHAEL J. HOLZM^LER Land Use Planning Manager MJHrkb Enclosure Q j» ''' / 367 Jerez Company P. 0. Box 4252 Whittier, Calif. 90607 July 20, 1982 City of Carlsbad 1200 Elm Ave. Carlsbad, Calif. 92008 Attn: Planning Commission Re: Your Resolution # 1929 We have noted that your form # PC Reso # 1929 has incorrectly indicated the date of 3-24-81 as the date of Passing, Aporovinu, and Adoption. This should be 3-24-82; not 81. Please provide us your written indication of correction. Also we do not appear to have ever received a copy of the Approval by the City Council. Could you please have one forwarded. Yours very truly. Robert F. Wilkinson jf RECEIVED AUG 2 6 1983 CITY OF €ARLSBI\D Planning #^airtment • HH WOODSIDE/KUBOTA & ASSOCIATES, INC. KB ENOINEKRS 2465 Pio Pico Drive • P.O. Box 1095 • Carlsbad, California 92008 • (714) 729-1194 March 17, 1982 Planning Department City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Subject: Carlsbad Tract 82-.3/Condomi ni um Plan 203 -- Jerez Company (Resubdivisi on of Lot 367 , La Costa South Unit No. 5) Costa Real Municipal Water District Gentlemen: The subject tentative subdivision is located within the service area of the Costa Real Municipal Water District and public water service is now available from the existing facilities as originally constructed as a part of La Costa South Unit No. 5. The Costa Real Municipal Water District has reviewed the subject pro- ject with respect to public water service, and we have the following comments and recommendations for consideration of your Planning Com- mission in the review and consideration of the proposed project: 1. Public water service will be made available to the condominium development in accordance with the rules and regulations of the Water District. On the basis of the information that we have to date, there will be required a public water system extension onto the site of the development and individual water meter services will be required to each of the condo- minium units. 2. All work that is performed in the construction of the public water system facilities shall be in accordance with the en- gineering construction standards and specifications as adopted by the Water District. RECEIVED MAR 18 !98a In Orange County, Santa Ana CITY OF CARLSBAD Planning Depa snt Planning Department City of Carlsbad March 17, 1982 Page 2 • HOIMBBRS 3. The development will be financially responsible for all the expenses in connection with the construction of the public water system and the charges for the various water meters and services for the development. In the event you have any questions regarding the public water service aspects of the proposed project, please contact the undersigned immedi ately. ita. District Engineer Municipal Water District cc: Costa Real Municipal Water District Mr. Bob Wilkinson Mr. Peter Chang JYK:paf CMWD 82-402 7-20-7 LEUCADIA COUNTY WATER DISTRICT APPLICATION FOR SEWER SERVICE Ov^ner's Name 367 Jerez Ct. Company Phone No. 213-693-3735 Mailing Address P.O.Box 4252 Whittier. Ca 90607 Service Address: Jerez Ct Tract Description: lot 367 La Costa South Assessor's Parcel No. 216-160-06 Type of Building condo Lateral Size: 4" Extra Footage: @ $ SEWER PERMIT ISSUED UPON RECEiPT OF BUILDING PERMIT. EU;LOiNG PERMIT MUST BE APPLIED FOR BY B~ Q^-80 No. Units 6 Connection Fee $ 3,600.00 6" 8" Saddle Easement Connection pre-pdl,200.00) Extra Depth; @ $ Amount Rec'd $3,JAno.co Ck. No/Cash ^\\n Date B-J^-q Rec'd By ^^Pt^AWiM Lateral Fee Prorated Sewer Service Fee Total ^^ii!:QCQ:a=> The application must be signed by the owner (or his authorized representative) of the property to be served. The total charges must be paid to the District at the time the application is submitted. If a service lateral is required, it will be installed by the Leucadia County Water District. The service lateral is that part of the sewer system that extends from the main collection line in the street (or easement) to the point in the street (at or near the applicant's property line) where the service lateral is connected to the applicant's building sewer. The applicant is responsible for the construction, at the applicant's expense, of the sewer pipeline (building sewer) from the appli- cant's plumbing to the point in the street (or easement) where a connection is made to the service lateral. The connection of the applicant's building sewer to the service lateral shall be made by the applicant at his expense. The connection must be made in conformity with the District's specifications, rules and regulations; and IT MUST BE INSPECTED AND APPROVED BY THE DISTRICT BEFORE THE SEWER SYSTEM MAY BE USED BY THE APPLICANT, THE APPLICANT, OR HIS AUTHORIZED REPRESENTATIVE, MUST NOTIFY THE DISTRICT AT THE TIME INSPECTION IS DESIRED. ANY CONNECTION MADE TO THE SERVICE LATERAL OR COLLEC-, TION LINE WITHOUT PRIOR APPROVAL AND INSPECTION BY THE DISTRICT WILL BE CONSIDERED INVALID AND WILL NOT BE ACKNOWLEDGED. The prorated sewer service fee is based upon the date the District estimates that service will begin and covers the balance of the fiscal year. There will be no additional fee or refund if service actually commences on a different date. For succeeding fiscal years, the sewer service fee will be collected on the tax roll in the same manner as property taxes. The undersigned hereby agrees that the above information given is correct and agrees to the conditions as stated. Owner's Signature Date Account No. LEUCADIA COUNTY WATER DISTRICT POST OFFICE BOX 2397 • LEUCADIA. CALlFOaNlA 9Z024 . 7S3.0153 February 14, 1978 Dear Applicant: Your request for sewer permits was received by the District some time ago. On February 9, 1978, the Board of Directors of Leucadia County Water District adopted Ordinance No. 14 (copy enclosed) which provides for the establishment of a Sewer Allocation System. It is important that you retain this copy for future reference. If you are still interested in obtaining sewer permits please complete the form below where indicated and return it within 30 days to the District with your remittance of $200 per dwelling unitr This fee is non-refundable but will be applied to the sewer connection fee when permits are available. Your name will be added to the Allocation List, ranked by the date of your original request, if and when your remittance and completed for.ni are received by the District within 30 days of receipt of this notice. Failure to respond will cause your name to be dropped from the waiting list for sewer permits. A copy of this application form will be returned to you. Yours very truly, LEUCADIA COUNTY WATER DISTRICT Richard E. Hanson Secretary-Manager ************************************* Request Received 7-20-77 Name 367 Jerez Ct. Company Mailing Address P.O. Box 4252 Whittier, Ca. 90607 Number of Permits Requested 6_ Phone ->/S''Cfi^'^^^^ Service Address Type of Dwelling condos •"I, V Lot 367 Tract La Costa South NUMBER OF PERMITS REQUESTED Q dii / I, the undersigned, hay^^J^H^p. copy of Ordinance No. 14 and understand its conteat. k %\ Amount Reo'd ^J2j How Fnlri 'h^/fp^ Date Paid—_-^//3/S Rec'd by_ Afflount Rec'd %. How Paid Date Paid Rec'd by DISTRICT OFFICE: I960 LA COSTA AVENUE • CARLSBAD. CALIFORNIA 367 Jerez Company P.O. Box 4252 Whittier, CA. 90607 1-5-82 City of Carlsbad Planning Dept. Carlsbad, CA. Dear Sirs: Please accept this letter as our confirmation of willingness to pay in lieu of fees for school services instead of dedication of land. Yours Very Truly, 367 Jerez Co. F. Wilkinson DEVELOPMENTAL SERVICES • Assistant City Manager (714) 438-5596 • Building Department (714) 438-5525 • Engineering Department (714) 438-5541 • Housing & Redevelopment Department 3096 Harding St. (714)438-5611 • Planning Department (714) 438-5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of Carls(bab County Clerk County of San Diego Attn: Mail Drop C-11 220 West Broadway San Diego, CA 92101 NOTICE OF DETERMINATIOSI •niis is to advise that the City of Carlsbad on March 24, 1982, ^proved the following project: Project Description: Request for approval of a Tentative Subdivision and Condominium Permit to develop 6 units on .38 acres. Construction of the project will require ^proximately 500 cubic yards of grading. Project Address/Location: 7506 Jerez Court, La Costa The City made the following determinations regarding the envircmtental inpact of the above described project: 1. The project will not have a significant effect on the envircranent. 2. Mitigation measures were not made a condition of the approval of this project. A copy 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: March 26, 1982 CASE NO: CT 82-3/CP-203 APPLICANT: JEREZ CO. JAMES C. HAGAMAN Planning Director DEVELOPMENTAL SERVICES • Assistant City Manager (714) 438-5596 • Building Department (714) 438-5525 • Engineering Department (714) 438-5541 • Housing & Redevelopment Department 3096 Harding St. (714)438-5611 • Pianning Department (714) 438-5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of tavlibah NEGATIVE DECLARATICN PROJECT AECRESS/LOCATION: 7506 Jerez Court, La Costa PROJECT DESCRIPTIOH: Request for approval of a Tentative Subdivision Map and Caidominium Permit to develop 6 units on .38 acres. Construction of the project will require approximately 500 cubic yards of grading. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Envircairoental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaraticai (declaraticai that the project will not have a significant inpact on the envircaiment) is hereby issued for the subject project. Justificaticai for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Ccmments from the public are invited. Please submit oanments in writing to the Planning Department within ten (10) days of date of issuance. DATED: March 2, 1982 CASE NO: CP 82-3/CP-203 APPLICANT: JEREZ COMPANY PUBLISH DATE: March 6, 1982 JAMES C. HAGAMAN Planning Director ND-4 5/81 DEVELOPMENTAL SERVICES • Assistant City Manager (714) 438-5596 • Building Department (714) 438-5525 • Engineering Department (714) 438-5541 • Housing & Redevelopment Department 3096 Harding St. (714)438-5611 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of Carlf^bab Planning Department (714) 438-5591 PUBLIC NOTICE CF PREPARATION PLEASE TAKE NOTICE: The Planning Department of the City of Carlsbad intends to prepare a tfegative Declaration for the following project: Project Description: Request for ^proval of a Tentative Subdivision and Ccxidcminium Permit to develop 6 units on .38 acres. Project address/location: 7506 Jerez Court Anticipated significant irtpacts: Naie We need to know your ideas aibout the effect this project might have on the environment and your sijggestions for ways the project could be revised to reduce or avoid any significant envircaimental damage. Your ideas will help us decide what issues to analyze in the envircn- mental review of this project. Your cdtments on the environmental impact of the proposed project may be subiiitted in writing to the Planning Department, 1200 Elm Avenue, Carlsbad, CA 92008, no later than March 4, 1982 CASE NO: CT 82-3/CP 203 DATED: February 11, 1982 APPLICANT: 367 JEREZ CGMPAKtT PUBLISH DATE: February 17, 1982 JAMES C. HAGAMAN Planning Directi Carishad 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 Proof of Publication STATE OF CALIFORNIA, 55 COUNTY OF SAN DIEGO, 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 JOUmal a newspaper of general circulation, published twice weekly in the City of Carlsbad, 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: I NEGATIVE DECLARATION PROJECT ADDRESS/LOCA- TION: 7506 Jerez Court. La Costa PROJECT DESCRIPTION: Re- quest for approval of a Tentative Subdivision Map and Condomini- um Permit to develop 6 units on .38 acres. Construction of the project will require approximately 500 cubic yards of grading. The City of Carlsbad has con- ducted an environmental review of . the above described project pur- suant to the Guidelines for Imple- ' mentation of the California En- ' vironmental Quality Act and the Environmental Protection Ordi- nance of the City of Carlsbad. As a • result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject proj- ect. Justification for this action is on Vile in the Planning Department, A copy of the Negative Declara- tion with supportive documents is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carls- bad. CA. 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of issuance Dated: March 2. 1982 Case No: CT 82-3/CP-203 Applicant: JEREZ COMPANY JAMES C. HAGAMAN Planning Director CJ S598: March 6. 1982 March_ 6 _ _ i982_ 19 19 19 19 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 foth day of March 1 QR? ^.^.^ 1M/S«1 Clerk of the Printer Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 31 38 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, gs. COUNTY OF SAN DIEGO, RECEIVED FEB 22198& CITY OF CARLCBAD Planning Depa gnt 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 prmcipa I clerk of the printer of the CaMsbad Joumal a newspaper of general circulation, published twice weekly in the City of Carlsbad, 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: PUBLIC NOTICE OF PREPARATION PLEASE TAKE NOTICE The Planning Department ofthe City of Carlsbad intends to prepare a Negative Declaration for the fol- lowing project: Project Description: Request for approval of a Tentative Subdivi-sion Map and Condominium Permit to develop 6 units on .38 acres Project Address/Location: 7506 Jerez Court. i j^^^"J'<^'P'>ted Significant Impacts: We need to know your ideas about the effect this project might have on the environment and your sugges- tions for ways the project could be revised to reduce or avoid any sig- nificant environmental damage . Your ideas will help us decide what issues to analyze in the environ- mental review of this project Your comments on the environ- mental impact of the proposed project may be submitted in writing to the Planning Department, 1200 Elm Avenue, Carlsbad, CA 92008 no later than March 4, 1982 Dated: February 11, 1982 Case No: CT 82-3/ CP 203 Applicant: 367 JEREZ COMPANY JAMES C. HAGAMAN Planning Director CJ W314: February 17, 1982 February 17 82 19 19 19, 19... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on thP 17th day 0* —February 1982 Clerk of the Printer Carlsbad Journal Decreed a Legal Nev^spaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, 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 CaHsbad Joumal a newspaper of general circulation, published twice weekly in the City of Carlsbad, 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 GIVEN that the Planning Commission of the City ofCarlsbad will hold a public hearing at the City Council Cham- bers, 1200 Elm Avenue, Carlsbad, California, at 7:00 p.m. on Wednes- day, March 24, 1982, to consider approval of a 6 unit Tentative Tract Map and Condominium Permit on property generally located at 7506 Jerez Court and more particularly described as: Lot 367 of La Costa South Unit No. 5 according to map thereof No. 6600 filed March 10, 1970. Those persons wishing to speak on this proposal are cordially in- vited to attend the public hearing. If you have any questions, please call the Planning Department at 438-5591. Case File: CT 82-3/CP-203 Applicant; 367 JEREZ COMPANY CITY OF CARLSBAD PLANNING COMMISSION CJ S608: March 13, 1982 RECEIVED WAR 15 W CITY OF CARLSBAD Plannhg Dep? -"^ .lylar.Gh.13...... 1982.. 19... 19.... T9 19.... 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 1 3th • day of Karnh 1 QR? ^ 1M/6/81 Clerk of fhe Printer riCE CF PUBLIC HEARIISG NOTICE IS HEElEBy GIVEN that the Planning Ccmmission of tl^ City of Carlsbad vd.ll hold a public hearing at the City Council Chanibers, 1200 ELm Avenue, Carlsbad, Califomia, at 7:00 p.m. on Wednesday, March 24, 1982, to ccaisider ^proval of a 6 unit Tentative Tract and Condominium Permit on property generally located at 7506 Jerez Court and more particularly described as: Lot 367 of La Costa South Unit Nb. 5 according to map thereof ISb. 6600 filed March 10, 1970 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 82-3/CP-20 3 367 Jerez Coipany March 13, 1982 CLTY CF CARLSBAD PLANNEIC CCMMISSIOSf CASE i^O. CT32-3/CP203 A P P L1C A N T^A§7^4KBM?^CO^ -^a Costa VICINITY MAP C^SS NO.: __GT_82-3/cp.203 ^'"^ RtOSIVED: 3,-21-^2- APPLIcaifT: ^7_Jerez Co, - - REQUEST: 6 unit condo ^ EXEJIPT OR EXCEPTED; Posted: • '; Prior Compliance; Published: Filed: Filed: NEGATIVE DECLARATION: Posted: ,3 - S g*- Published: 3 - C? ' S ^3otj.ce of Detennination: 3"^C-S^^ ElWIEDNI'lENTAL IMPACT REPORT: Notice of JJ n Notice of • Notice of Preparation: g* ^ Completion: Detennination: _ PLANNING COMMISSION 1. Date of Hearing: 3 ' <9\ M < 9'\ 2. Publication: 9> - I 9) - ^Tl 3. Notice to Property Owners: /^—Ij -'^ ^ 4. ResoluUonlto. /^^^ Date: S -(^>^ - ^ ol ACTION: /9PP/^Q^^ (\ (CbntJ-nued to: 5. Appeal; CI'IY COWJCIL 1. Date of Iiearing: 2. Notices to City Clerk:_ 3. Agenda Bill; 4. Resolution m.Date:ACTION: 5. Ordinance No.Date: COKRESPOTDElxICE Staff Pxeport to Applicant: Resolution to Applicant: //-/^ 'g-cP. ' REQUEST • 2tone Change • cSeneral Plan Aitiendment B-l^tative Itact Map • Planned Unit Development [SilPSjor Condominium Permit • Minor Condominium Pt^rmit • I'-la.'jter Plan • Major Condominiuin Conversion • Precise Developnent Plan • Specific Plan • site Development Plan • Conditio.nal Use Pentiit • Variance • Planning Comdssion Determijiation • Special Use Pennit Complete Description of project (attach additional sheets if necessary) i/— Location of Project Legal Description (complete) Assessors Parcel Number Propos^ ?9i>p^ General Plan Existj.ng Land Use Proposed General Plan site Acreage Owner Applican Name (Print or T^*pe) Name (Print or Type) Mailing Address Mailing Address City and Stat Telephone Zip Telephone I CERTIFY TTiAT I AM THE LEGAL O'JNER i^IO UIAT ALL THE i^BOVE E^OR'-IATIQ?] IS 1RUE AIO CORRECT TO IHE BEST O? MY KNOWLEDGE City and State Zip xexwpiujue >. I CERTIFY TFAT I AM THE ITER'S REPRESEN^PrvTE AND TFIAT ALL THE /iBOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF m KNOWLEDGE Mi DATE i/^i/^=B^ Datd^ implication Rec^ I:ata • Application Recexved .'/ea Bv FleceiDt: fj6. Statf Assigr:ed Case NtariDer * If j'.fter ths infonaation you have submitted has been reviev*^, it is detsrt3in.&d . thj!- further information '~ required, you v;5,ll be so adv-'sad. APPLICAI4T: AGEJIT: ISM3ERS : Nair.a (individual, partnership, joint venture, corporation, syndicatior.) P> 0 ^ Ben i^HirT/e-^ t.4 <^cic7 Business Address Telephone Number Name Business Address ' • Telephone Nuaher ^ - •" Name '(individual, pairimer, joint Eoaa 2ddrsss venture, corporation, syndication) ' ^ , - AL-C^^IAC- T^^^^r^i^^ ^' '^^^ i>6'?^^v>,.,^ 6 S- S. lA. A^t^.T Ayi.4M^^r^ e,, 9^S-ci. Telephona Number Telephone: i^umber t-'-ri^n^/fl-) C:pA/Ai AVTL ,^^r2rf^ C^A^/fii^ Ilarae fy^igAC-^ C^/f^TTTS /-^ 0 , cJo A. 5- 4^ p. , Horns Address Business Address Telephox-:* Number Telephone liunber (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be* relied u-on as beina rrue and correct until a:nended. Apolicant A<7ent. G-.-.-ner. Partn-=»r- • Southwest Bank / •/AIL • jtAT(.Vt.NT TC Same as Below '.•.•••r r.* Mf COHCeO '.(A I. TO I , 558 ROBERT F. WILKINSON ^^^-* ' P.O. Box 4252 Whittier, CA 90207 7-497 • I'l; >.d y,';i!ii!Is) dt.'clafe(s) : iJon.,-. • .,v Uanifft tax is S—82.50...... Ml,, OlM.f i'S 1/ 77-335036 FILE/PAGE NO BOCX 1977 ISCORDED REQUEST OF RRSf mmm TIRE CO. AUG 17 8:OOAM'77 OPFICIAL RECORDS SAN DIEGO COUNTY, CALIF. HARLEY F. BLOOM RECORDER . _ ^ GRANT DEED IM IV IDi'.W " SWiSFER TWf PA3B I X' Con-ujifcj on tt.il •j,-iU..o Q< property conveyfid, nr* HARiEY F. BLOOM. RECORDCR I,,:-- P.iiMi ,Nrj. irea ( X» City 216-290-n RICHARD THOMAS CAIN, and EUNICE G. CAIN, husband and wife as joint tenants [ OH A v'AL JABLK CONSlOERATiON. ' dOSS Hf REOY GRA.NT TO 367 JEREZ COMPANY a General Par.tnership I'Opi.Mty ;ci the Counsy of. San Oiego _•. Gtuti; of Cilifof(Jescritiet'i .i: Lot 367 of LA COSTA SOUTH UNIT NO. 5, in the County of San Diego, State of California, according to Map Recorder of San iHligo County, March 10, 1970. _^"S'JSj; 4 J977_ ( o-fiTv : SONOMA i' August 8, . p. 77 t.'«'f •>!'.' ..Hficf.iT't;0. Mu'J-y Pub' c " jnd 'jr v.i.O ( .-••.!•: r. • •.. -M , ;;.;)<v)r,v.; ' Richard Thomas Cain Eunice 6. Cain they r>..V1,'..'O :ru'san.p. V.'l '•••ll. Richard Thomas Cain Eunice G. Cain — r;rj:.j-v OFFICIAL ."^F.-.L ijfo M'-il:'"! NOTAOV PijanC - C£-'.'FCRrjlA My comm. expi.-« OCT i?, lOSa ' V.AIl TAX STATir.U f-i r A:, 'jiRS-crrf; AHOVt. ST/^TEMENT OF AGREEMENT TENTATIVE PARCEL MAP CITY'OF CARLSBAD The Subdivision Map Act and the Ca.rl,sbad Municipal Code sets a fifty (50) day time restriction on Engineering Department pro- cessing. This time limit can only be extended by the mutual concurrence of the applicant and the City, By accepting appli- cations for Tentative Parcel Maps concurrently with applications for other approvals which are prerequisites to the map; i.e.. Environmental Assessment, Environmental Iiripact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits are often exceeded. If you v/ish to have your application processed concurrently, this agreement must be signed by the applicant cr his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Parcel Map until all prior necessary entitlen'ients have been processed and approved. Tha undersigned understands that the processing time required by the City may exceed the time limits; therefore, the undersigned ag.rees to extend the time limits fo.r City Engineer: action and fully concurs v/ith any extensions of time up to one year from the date the application was accepted as complete to. properly review all of the applications. Signature ^67 T€yzc^ <3oi^/>Ayty Name (Print)' Date Relationship to Application (Property Owner-Agent) STATEMENT OF AGREEMENT TENTATI^TE: SUBDIVISION MAP CITY OF CARLSB2\D The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Coiranission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurranca of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Enviromnental Assessment, Environmental Impact Report, Condoininium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees te eictend the time limits for Planning Commission and City Co\incil action and fully concurs with any extensions of time up tc one year from, the date tha application was accepted as coir.ple-e to properly review all of the applications. Sianaciir^ ^;aIrie (Prin-t) Relationship to Application (Property Owner-Agent) FORM: T'T.AMT-JTMr: "^7 RP-^/T.qpn "^/fln