HomeMy WebLinkAboutCT 84-26; GARFIELD STREET CONDOMINIUMS; Tentative Map (CT)LAND USE PLANNING APPLICATION
DISCRETIONARY ACTIONS
REQUEST
O Zone Change OSpecific Plan
0 General Plan Amendment OSite Development Plan
Ientative Tract Map [Conditional Use Permit o Major Planned Unit Development IJVariance
EJMaster Plan cjPlannthg Commission Determination
O Major Redevelopment Permit OSpecial Use Permit
[]Minor Redevelopment Permit []Structure Relocation
o Precise Development Plan x94ajor Condominium Permit
(check other boxes if appropriate)
Complete Description of Project (attach additional sheets if necessary)
Fifteen Unit Residential Condominium building on one-lot sub-
division with subterranean parking garage, swimming pool and
spa, landscaped gardens, and private balcony terraces.
Location - Garfield Street between Chinquapin and Date Streets -
City of Carlsbad.
ér I-'/j wkk6lj 6 PiAe)
Legal Description (complete)
Lots 5, 6 .' T &- 8- Blo-ck K - _14p No 1i47:: "Pal jQi
City of Carlsbad, County of San Diego, California
Assessors Parcel Number
206-08-6,7,29,3Q.-
Zone General Plan ;; Existing Land Use
(Demolished)
RDM-H One single family house.
Proposed Zone Proposed General Plan Site Acreage
RDM-H 0.57 = 25,088 S.F.
Owner Applicant
Name (Print or Type) Name (Print or Type)
Llewellyn Shores,
A Ltd. Partnership Charles F. Rowe
Mailing Address Mailing Address
P. o. Box 142, Carlsbad, CA 920@8 Same
City and State Zip Telephone 0 City and State Zip - TelephonE..
Carlsbad, CA 92008 434-3125 Carlsbad, CA 92008 434-3125
I CERTIFY ThAT I P14 THE LEGAL (ER AND I CERTIFY THAT I PM THE OWNER'S REPRESENTATIVE
THAT,AUJ THE APOVE INR)RMATION IS TRUE AND ThAT ALL THE ABOVE INFORMATION IS TRUE
NVCOBREc7± THE OF MY KNONLEDGE • AND CORRECT ¶LO THE BEST OF. MY KNClEDGE.
I E SIGNATURE DATE
Charles . reZ0, 198_1 ____
i4i-. ived ij -
I. SPECIFIC REQUIREMENTS
General Plan Amendment/Zone Change
T. Application Form
2. General Requirement Items F-O
3. Reproducible 1:500 scale map of subject property
showing requested zoning and surrounding zoning and
land uses.
4. Fee: General Plan Amelidinent $765.00 + $5.00 per lot or
acre, whichever is higher.
Zone Change: $655.00
Master Plan/Specific Plan
1. Application Form
2. General Requirement Items:
- fifteen (15) copies of items B-D
- items E-O
3. Fee: Master Plan $1,635 + $5.00 per/acre
Specific Plan $1,090.00
Master Plan Amendment: Major $545.00 + 5.00 acre
Minor $185.00 + 2.00 acre
Specific Plan Amendment: Major $440.00
Minor $ 75.00
Tentative Tract Map
1. Application Form
2. General Requirement Items
- fifteen (15) copies of item A
- items E-P
3. Fee: $530.00 (1-25 lots or units)
$765.00 (26-100 lots or units)
$1,310 (100 + lots or units)
Revision: $330.00 (1-25 units or lots)
$545.00 (26-100 units or lots)
$765.00 (100+ units or lots)
$150.00 Revision that does not-change
design of subdivision
Major Planned Development (5 or more units)
1. Application Form
2. General Requirement Items:
- fifteen (15) copies of items B-D
- items E-O
3. Conversion to Condominiums - list of names and
addresses of all tenants of the project, proof of
notification of the tenants 60 days prior to filing
tentative map.
S
.CAtrFcNIA WWZ I'ITLE COMPANY
ISSUING OFFICE: 4542 .VFVNE'R STREET
SW DIE, t?LIFONIA 92111
(19) 27-4171
CLIIA 1311JILZIEPS5 • P. 0 FOX 142
• CASB&),C LIF01&t
•
Attention: QPLES o Your No. C?4LIPtTh D1TI)E1S
Our No. 52156-05
Doted as of . M'•9 • 1 984... at 7:30 AM.
In response to the above referenced application for a policy of title Insurance,
CONTINENTAL LAND TITLE COMPANY
hereby reports that It is prepared to issue, or cause to be issued, as of the date hereof, a Policy or
Policies of Title Insurance describing the land and the estate or interest therein hereinafte(set
forth, insuring against loss which may be sustained by reason of any defect, lien or en-
cumbrance not shown or referred to as an Exception in Schedule B or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth
in the attached list. Copies of the Policy forms should be read. They are available from the office
which issued this report.
THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY
FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE
AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED
PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMIT-
MENT SHOULD BE REQUESTED.
The form of policy of title Insurance contemplated by this report Is:
1. California Land Title Association Standard Coverage Policy 0
2 American Land Title Association Owner's Policy Form B 0
3. American Land Title Association Residenfial Title Insurce Policy 0
4, American Land hue Association Loan Pollc ',
Title Officer PJJPP NNITA
Issuing Policies of
Iuyeis'tleInsumnce @poratlon
• •7
SCHEDULE A
- Order No:
The estate or interest irithe land hereinafter described or referred to covered by this report is:
AP1
Title to said estate or interest at the date hereof is vested in:
LLW1L!N A LIM&, PA1?J!IP
The land referred to in this report is situated in the State of California. County of SAN PIl=
and is described as follows:
LOTS 5, 6, 7 MID 2, IN RM C KOr PLIS1D€S, IN 'I M. crr'f C
CRtD, CXXIN'IY OF S' tIFtO, STATE OF MMMITA, A(U)})ItC 10
M72 !1EIa' NO. 1747, FILED IN TM aMCE OF MM CJ(JTY RI))EB
Ar 5, 1923.
•' pr-
9
CLIA Pt.4lmlnoiy Rpoct FOnTI
41"• : SCHEDULE •
Order No.:
At The date hereof exceptions to coverage In addition to the printed Exceptions and Exclusions in the policy form designated
on the face page of this report would be as follows: -
1. EAL AML' WF'AIZL (l)UNTZ AND CIT! TAXES
FOR TIlE FISCAL YEAR : 1984-1985
A WEN f= YET PIYAELE. -
2. MM LIE1.' 0' TAXES, IF N1Y, ASSESSEl) PVPSUNT 70 TM
P1CVISI(Z ThEF. 492, ST?ZIVTFS OF 1983 OF ThE STATt OP CALIPO1NIA.
3. Nl NuT '110 MICR 1'EPEIC=, IS I'W PDE KW FULL
PAIULARS
DATE) : OC!X)BER 13, 1925
BY AM MM W, El) FLE'ICHEF AND MiT C. B. FER,
YSBPD N) WIPE NIt 111E SANTA W IRPI(TICV
DIETTaCT
RAI)I1 z E11!E'T FOR TFR ?IN
: CCTOEER 24, 1925 IN BOM 1115, PE 402
OF DEEDS
40 c'v'If3, cxt'ITIOts flI) PF=MCT1a6 It MYM DEED
EX.!rTh BY zW. T. PJM ND SA1W ?. FAR'!, !It1SFPND A) KVVJ
- A) C. D, !K CLELLAN ND DQLC*ES E. MC aJL.TW,
• RUSBD kD WIFE PBTD : JUM 29, 1945 IN BOM 1901, P 153 OP
OFEIcIAL Farrms
RESTPiI, IF N, B?SFI c BA, cWR, pMI n-Clq ci NATT, 1AL
OICI ARE L1$IED.
APPECIS LOT 5.
S. A MIRTIMPTE OF W%M1&VM UIDER (SEt'TICt 11538.3 OF !E ff1SINSS & PIC}FESSICt1S
COVE) 1!S IFEN
RDI) : ?PCB 6g 1978 AS FILC/PK P.---7C,-087846
OF OFIIAL XO1'S
rV TM CFflQ OF THE lIfl'Y I C104LTh WITh ThE alff)IVISI(Z4 P?P ACT N[)
WITh P'ISIES OF WE SM t)IEXX) COUMLY (X)E N)OFTEl3 PU}37IT ThFE'TO.
AFFZTS LOT S.
6. AN ?Rr' TO MICH R'" IS HEREBY 1VDF FM PULL
PAMCULOW
DATED s aTtR 7, 1981
BY ND s CBAES F. ME# L11E'Et.L E)AVIES, AND WE
CITY OF
RBNDIG PAY?1IT OF A PUILIC FWLITIES !EF
R1)ED
t NYTR if), 1981 AS FILE/lW)! M. 81-356524
OF OFFICIAL RM7RDS
CLTA Preliminary Report Form
f • .. S _
7. i 'DFM Cr TRUST To SMIM N )SS CF $2,300,000.00, NIT) ANY (>Th
NMMTS CUE MD PAYAJ3LE ¶!FRLThZR,
DATED . -...: PL 19, 13
TTU LtE1ELLYN SHORES# A tThLi PAPER3HIP
TED___ - IEAD ETcWI?
A LIOr?2IA II
PIcIN( : cXtLN STATE SN BNIX, A (LIFtIIA
(PPORMIICt? -
APRIL 21, 1983 AS FU.E/PNE NO. 83-128176
OF OFRIAL REtORS
TAX FOR FISCAL YEAR : 1923-84
OXi! AREA : 09000
PA1L NO. : 206-080-06
LAND 2 $19,452.00
IVPIJNTS z tO¼IE
POWTJ 2 NC1E
7PTI : E
ANYEXEMMMS : tE
FIRST ITALIfl' $115.87 PAID
SX)1) IMTALLM4T : $115.87 PAID
TAX PD!? FISCèL YEAR $ 1983-84
1)E AREA : 09000
PAL NO. 2 206-080-07 .
LAND .: $18,802.00
VPPOVEM-M3 NOW
PTRSOtAL
TI(XI NCME
ANY ONE EXE7'PTIC?1S s M.WE
FIRST IILT $112.20 PAID
5E) I!S'Z7iLUT $112.20 PAID
TAX FOR flSt YEAR : 1983-84 . .-. F
CU)E AI..A 09000
PARCiL WO. 2 206-080-29 -.--
LAND
IMPØJE'IS : l'XEE .
PEPIWNAL * ?X2E
EMIPTICN
Nil (1ER EXEMPTICM z ?XXE
FIRST IISTALL?'T : $106.69 PA!!)
SC1D DU4' : $106.69 PAID
TAX FOR FISCAL YEAR ': 1923-84 -,• -,
OXE AMA 2 09000
PAL NO. 8 206-080-30
LAND $19,349.00
I!PA7ENTS 8 NE ... -
PrRSOM. 8 W=-. .-- --
EMMPTICK - . - - -- N=
Nil1ER TICNS: NOW.
FIRST I).STLTJ??r $115.26 PAID . . ., .
$t) Il LIZENT 2 $115.26 PAID
11
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lots occ rL..j by !t.b 14AP 1803 - PL115LEiS 0 2 - ELK T : a :'s'.' '"".' t r.•.' IQ 1747 - PtLI;L'-r RK K
CAL1FORN1A-WORLD TITLE COMPANY
I: jr
S3b4C1A1REMot.4T4iES BOULEVARD', • SAN DIEGOCAUFORNIA 92111 • (714) 278-4171
-:
Date: MAY 2, 1984
Office: RALPH ARANITA
CALIFORNIA BUILDERS Our No.: 5215605 P.O. BOX 142
CARLSBAD, CA
Your No.: 15 UNIT CONDO
Attention: CHARLES ROWE
Gentlemen:
PLEASE ADD THE FOLLOWING TO ITEM NO. 7 OF YOUR TITLE
REPORT.
AN INSTRUMENT PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST
AS THEREIN PROVIDED
EXECUTED BY LLEWELLYN SHORES, A LIMITED
PARTNERSHIP
DATED : APRIL 11, 1984
RECORDED : MAY 2, 1984 AS FILEJPAGE NO. 84-161644
I
I
pc'v~l
T-3(31 5171
0
_IFORNIA-WORLD TITLE COMPANY
t .
8304 CLAIREMONT MESA BOULEVARD • SAN DIEGO. CALIFORNIA 92111 • (714) 278-4171
Date: MAY 2, 1984
Office: RALPH ARANITA
CALIFORNIA BUILDERS
P.O. BOX 142 Our No.: 52156 -05
• CARLSBAD, CA
Your No.: 15 UNIT CONDO
Attention: CHARLES ROWE
Gentlemen:
PLEASE ADD THE FOLLOWING TO ITEM NO. 7 OF YOUR TITLE
REPORT.
AN INSTRUMENT PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST
AS THEREIN PROVIDED
EXECUTED BY : LLEWELLYN SHORES, A LIMITED
PARTNERSHIP
DATED : APRIL 11, 1984
RECORDED : MAY 2, 1984 AS FILE/PAGE NO. 84-161644
0 4 *~' - I -
. .
ARTICLES OF INCORPORATION
OF
LLEWELLYN SHORES ASSOCIATION
ARTICLE 1. The name of this corporation is LLEWELLYN
SHORES ASSOCIATION (hereinafter referred to as the "Associ-
ation").
ARTICLE 2. This corporation is a nonprofit mutual
benefit corporation, organized under the Nonprofit Mutual
Benefit Corporation Law. The purpose of this corporation is:
to engage in any lawful act or activity for which a corpo-
ration may be organized under such law. The specific purpose
of this corporation is to act as a "management body" for
the preservation, maintenance, improvement and architec-
tural control of the common area which comprises the Llewellyn
Shores project in San Diego County, California, and otherwise
to act and be operated as a "homeowners' association" as
defined in Section 528 of the Internal Revenue Code of 1954,
as amended.
ARTICLE 3. The name and address in the State of
California of the corporation's initial agent for service of
process is: CHARLES F. ROWE, 3138 Roosevelt Street, Carlsbad,
California, 92008.
ARTICLE 4. The number of
shall be three (3). The names
who are appointed to act as the
corporation and to continue to
the election and qualification
follows:
directors of the association
• and addresses of the persons
first directors of this
act as such directors until
of their successors are as
Name
Charles F. Rowe
Neil R. Joebchen
Vivien E. Joebchen
Address
3136 Roosevelt Street
Carlsbad, CA. 92008
3948 Skyline
Carlsbad, CA. 92008
3948 Skyline
Carlsbad, CA. 92008
*
.
.
IN WITNESS WHEREOF, the undersigned, constituting
the incorporators of the association and being the persons
named hereinabove as the first directors of the association
have executed these Arti des of Incorporation this
day of 1983.
CHARLES F. ROWE
IL R. JOEBCHEN
V
VIVIEN E. JOEBCHEN
STATE OF CALIFORNIA) V
) ss
COUNTY OF SAN DIEGO)
On V VVV• , 1983, before me, the
undersigned, a Notary Public in and for said state, personally
appeared CHARLES F. ROWE, NEIL R. JOEBCHEN and VIVIEN E.
JOEBCHEN, personally known to me or proved to me on the basis
of satisfactory evidence to be the persons whose names are
subscribed to the within instrument and acknowledged that V
they executed the same.
WITNESS my hand and official seal.
Notary Public in and for said
• County and State.
2. V :
V
S .
BYLAWS OF
LLEWELLYN SHORES ASSOCIATION
TABLE OF CONTENTS
Article
I
II
III
Iv
Page
Definitions..............* ....... .......!. • .......
1.1 Declaration......... . . . . . . . . . . . . . . . . . . . . 1
• 1.2 Declarant..... . . . . ...........
1.3 Plan.......... . . . . . . • . . • • • • • • • •.......
1.4 Project........... . ......... . . . .. . . .
1.5 Condominium ...................
..... .. . .. .. . 1
1.6 Unit .......... . ............•.. ..... .. .. .... 1
1.7 Conirnon Area - . . . . . . . . . . . . . . . . . . . . , .........2
1.8 Exclusive Use Area(s) .................. 2
1.9 Association. . . . . . . . . . . . . . . . . . . . . . . . . * . • 2
1 .10 Articles. ., . . . * . . . . . . .• . . . . . . . . . . . . . . . . * • • 2
1.11 Bylaws.. . . . . . . . . • . .. .• • . . .•. .•. • .•. . . •'. •'. • . 2
1.12 .................. - .. • . . . . • . • . . . . • . • 2
1.13 Member...... . . . . • . . •. • • . . . • •.s - • . • . . . 2
Functions of the Associatjon... ............... ....... 2
2.1 Purpose. . . • • • . . . . . .......• • . . . . . . . . • . . • * . . 2
2.2 Assessments..........................,..,.. 3
Membership .......• . . . . . * • . • . .. . . . . . . . . . . . . . . . . . . . • . . . 3
3.1 Members ......• . . . ......... • . . ............. 3
3.2 Transfer of Membership ..................e 3
3.3 Termination of Membership..................3
A
Meetings of Members -. . ......• . • . . . .......• . . . . • . . . . 4
4.1 Place of Meetings . . . . . .'. . . . . . . . * ......... 4
4.2 Annual Meetings...... . . • • • . . . . . . • . . . . . . . . 4
• 4 . 3 Special Meetings * .'. . . ............ ......... 4
4.4 Notice of Meetings 5
4.5 Waiver of Notice, Conseflt to or Approval -
of Members Meetings. . • • . . • ..• ..-. • . * . . .. . • . . 6
4.6 Action by Unanimous-Written Consent 6
4.7 Quorum.. . • . , • * . • . • . . . , . • . .. . . . . . . . . ...... . • 6
/
4' if
I C
Article Page
V Voting Rights ................................... 7
5.1 Members' Right to Vote..................7
5.2 Classes of Voting Members.. ............7
5.3 Voting Rights; Required Vote;
Cumulative Voting......................
5.4 Proxies ................................8
VI Directors; Management .........8
6.1 General Powers ......................... 8
6.2 Specific Powers......................... 9
6.3 Number................................. 12
6.4 Election and Tenure of Office.......... 12
6.5 Vacancies ......... ..................... 14
6.6 Removal of Directors ..... 14
6.7 Place of Meetings ...................... 15
6.8 Organization Meetings; Notice.......... 15
6.9 Other Regular Meetings; Notice......... 15
6.10 Special Meetings; Notice ................ 16
6.11 Adjournment ............................ 16
6.12 Quorum; Required Vote................. 16
6.13 Open Meetings; Executive Sessions...... 17
VII Officers... ...................................... 17
7.1 Officers................................ 17
7.2 Appointment............................. 17
7.3 Subordinate Officers........ 18
7.4 Removal and Resignation. .. . .......... 18
7.5 Vacancies ............................... 18
7.6 Chairman of the Board ............ 18
7.7 President............................. 18
7.8 Vice-President(s) ...................... 19
7.9 Secretary and Assistant Secretary 19
7.10 Treasurer and Assistant Treasurer...... 20
VIII Committees .......... .............................. .21
8.1 Architectural Control bommittee 21
8.2 Executive and Other Committees.........21
IX Association Records and Reports; Inspection..... 22
9 .1 Records.. • • • •...................... 22
9.2 Inspection of Books and Records....... 22
9.3 Certification and Inspection of Bylaws 22
9.4 Checks, Drafts, Etc ............ • ...... 23
9.5 Contracts, Etc.; How Executed ...... 23
9.6 Annual Budget....... ....... . . . . . . . . . * 23
9.7 Annual Report ....... .................... 23
9.8 Initial Financial Report 24
I .r
Article
XI
XII
XIII
Page
Corporate Seal ............................ .......24
Amendments to Bylaws........................... 24
11.1 By Members....................... ...... .. . . 24
11. 2 No Amendment by Directors...,....... .... .... 24
11b3 Record of Amendments...................... 24
Amendments to Articles .......................... 25
Supremacy of Declaration ......................... 25
V
A
a -
4 -
I .
81
BYLAWS
OF
LLEWELLYN SHORES ASSOCIATION
ARTICLE I
DEFINITIONS
1.1 Declaration.
1.1.1 "Declaration" shall mean that certain
Declaration of Restrictions recorded
198_, File/Page No. , Official Records of
San Diego County, California, and any amendments thereto.
1.2 Declarant.
1.2.1 "Declarant" shall mean LLEWELLYN SHORES
ASSOCIATION, which constitutes the declarant under the
declaration.
1.3 Plan.
1.3.1 "Plan".shall mean that certain condominium
plan recorded , 198, File/Page No.
Official Records of San Diego County, California, being a
condominium plan as the same is described in California Civil
Code Section 1351, and any amendments to said condominium
plan.
1.4 Project.
1.4.1 ProjectI*shal1Tnean the land encompassed
by the plan, including all, structures situated thereon.
1.5 Condominium.
1.5.1 "Condominium" shall mean an estate in the
project as defined in California Civil Code Section 783.
1.6 Unit.
1.6.1 "Unit" shall mean the elements of a con-
dominium which are not owned in common with the owners of
other condominiums; each unit, and the boundaries thereof,
are described in the plan.
-I-
I
1.7 Common Area.
1.7.1 "Common area" shall mean common area as
the same is defined in the plan. 1.
1.8 Exclusive Use Area(s).
1.8.1 "Exclusive Use Area(s)" shall mean and
refer to those portions of the common area designed as
such on the plan and shall include certain designated yard
areas, patio areas and driveway areas.
1.9 Association.
1.9.1 "Association" shall mean the LLEWELLYN
SHORES ASSOCIATION, a nonprofit benefit corporation, composed
of the owners described below.
1.10 Articles.
1.10.1 "Articles" shall mean the articles of
incorporation of the association and any amendments to said
articles. .
1.11 Bylaws.
1.11.1 "Bylaws" shall mean the bylaws of the
association and any amendments to said bylaws.
1.12 Owner.
1.12.1 "Owner" shall mean the person(s) who hold(s)
record title to any condominium, and shall include declarant
as long as declarant holds title to a condominium.
1.13 Member.
1.13.1 "Member" shall mean an owner(s) entitled
to membership in the association. Mem1ership shall be
appurtenant to and may not be separated from ownership of
a condominium. .
ARTICLE II
FUNCTIONS OF THE ASSOCIATION
2.1 Purpose.
2.1.1 The association shall act as a "management
body" for the management, preservation,, maintenance,
2.
. •I
architectural control and improvement of the common area.
The association is subject to the limitations, covenants,
conditions, restrictions, terms and provisions of the
declaration.
2.2 Assessments.
2.2.1 Pursuant to the provisions of the article
entitled "Assessments" of the declaration, it shall be the
duty of the board of directors to fix, alter, collect and
enforce assessments upon owners. Each owner shall be
liable to pay to the association the assessment levied upon
such owner's condominium(s) under the provisions of the
declaration.
ARTICLE III
MEMBERSHIP
3.1 Members.
3.1.1 The association shall have one (1) class
of members only, and the property and other rights, interests,
and privileges of each member in good standing shall be equal;
except that there' àhall bé two (2) classes of members for the
purposes of voting as set forth in Article V. No certificate
of membership, stock certificate or other document evidencing
membership in the association shall be issued.
3.2 Transfer of Membership.
3.2.1 Each owner shall be and become a member of
the association contemporaneously with his acquisition of
a condominium (whether such acquisition occurs by (i) con-
veyance of a condominium by declaration; (ii) voluntary
transfer, assignment or conveyance of a condominium; or
(iii) foreclosure [by trustee's power of sale or by judicial
process] of a deed of trust or .other lien on, or other
involuntary transfer of, a condominium), without necessity of
documentation or other action of any 1ind by any person. The
association may require that any person acquiring a con-
dominium shall notify the association nwriting of such
membership. When two (2) or more persons hold, at joint
tenants or otherwise, a condominium, they shall constitute a
single member. Prior to the conveying of a condominium by
declarant, declarant shall be, a& to such condominium, a
member of the association. Transfer of membership in the
association shall be only by the means specified herein.
3.3 Termination of Membership.
3.3.1 The corporation shall follow the expulsion
3.
procedure mandated by Corp. Code Section 7341.
ARTICLE IV
MEETINGS OF MEMBERS
4.1 Place of Meetings.
4.1.1 All meetings of members shall be held
within the project or at such other place in San Diego
County, California, in reasonable proximity to the project,
as may be designated for that purpose from time to time by
the board of directors. Unless unusual conditions exist,
members' meetings shall not be held outside of San Diego
County.
4.2 Annual Meetings.
4.2.1 The first annual meeting of members shall
be held on such date and at such time as shall be
designated by the board of directors, which date shall be
within forty-five (45) days after the sale and conveyance by
declarant of a majority of the condominiums in the project,
butin no event shall the meeting be held later than six (6)
months after the-closing of the sale of the first subdivision
interest. Subsequent annual meetings of members shall be
held on the annual anniversaries of the first annual meeting
of members and shall be held at such time on said date as may
be designated by the board of directors. If the date of the
annual meeting shall be a legal holiday, then the meeting
shall be held on the next succeeding business day, at the
same hour.
4.2.2 At the annual meeting, members shall
elect a board of directors, consider reports of the affairs
of the association and transact such other business as may
properly be brought before the meeting.
4.3 Special Meeting.
A
4.3.1 Special meetings of members, for any
purpose or purposes whatsoever, may be called at any time by
the president, by a majority of:.a.quorutn of the board of
directors, by members (including declarant) holding at least
five (5) percent of the total voting power of the association
or by members representing not less than fifteen (15) percent
of the voting power residing in members other than declarant.
4.
. .
4.3.2 Upon request in writing delivered personally
or by certified mail to the president, a vice president,
the secretary or assistant secretary, at the principal
office of the association, or delivered tosuch officer(s)
in person by members entitled to call a meeting of members,
it shall be the duty of such officer(s) forthwith to
cause notice to be given, to members entitled to vote, of a
meeting to be held -at such time as such officer(s) may fix
not less than ten (10) nor more than thirty (30) days after
the receipt of such request. The date of any meeting fixed
by members as hereinabove provided shall be at such time
in the future as will permit adherence to the notice
requirement set forth in paragraph 4.4
4.4 Notice of Meetings.
4.4.1 Written notice of meetings, annual or
special, shall be given to members entitled to vote at such
meetings not less than ten (10) days nor more than ninety (90)
days before such meeting. The notice shall specify the place,
the day and the hour of meeting; and, in case of special
meetings, the general nature of the business to be transacted.
4.4.2 Such notices shall be given by the secretary
or
'
the assistant sctetarr,..pr if there be no such officer,
or in the case of his neglect or refusal, by any director
or member. All notices shall be personally delivered or
sent by first class mail, charges prepaid, to the member's
address appearing on the books of the association or
supplied by him to the association for the purpose of
receiving notice. If a member supplies no address, notice
shall be deemed to have been given to him if mailed to his
condominium.
4.4.3 Notice of certain agenda items. If action
is proposed to be taken at any meeting for approval of any
of the following proposals, the notice shall also state the
general nature of the proposal. Member action on such
items is invalid unless thenotice or written waiver of
notice states the general nature of the proposal(s):
(1) Removing a director without
cause;
(ii) Filling vacancies on the board
of directors by the members;
(iii) Amending the ártiçles of :
incorporation;
(iv) Approving a contract or transac-
tion in which a director has a
material financial interest;
- a
c
•
(v) Approving a plan of distribution
of assets, other than cash, in
liquidation when the corporation
has more than one class of mem-
berships outstanding.
4.4.4 When a meeting is adjourned, 'notice of the
adjourned meeting shall be given as in the case of an original
meeting.
4.5 Waiver of Notice, Consent to or Approval of Members'
etins.
4.5.1 The transactions of any meeting of members,
whether annual or special, however called and noticed, shall be
valid as though having occurred at a meeting duly held after
regular call and notice if a quorum is present either in person
or by proxy, and if, either before or after the meeting, each
member entitled to vote thereat not present in person or by proxy,
signs a (1) written waiver of notice or (ii) written consent to
the holding of such meeting or (iii) written approval of the
minutes thereof. All such waivers, consents or approvals shall
be filed with the records of the association or made part of
the minutes of the meeting.
4.6 Action by Unanimous Written Consent.
4.6.1 Any action which may be taken at an annual or
special meeting of members may be taken without a meeting if
(1) authorized by a writing signed by all of the members
entitled to vote upon such action at a meeting and (ii) such
writing is filed with the secretary of the association who
shall thereafter file it in the minute book of the association.
4.7 Quorum.
4.7.1 The presence in person or by proxy of members
entitled to exercise a majority of the voting power in each
voting class of. the association shall constitute a quorum at
all meetings of members for .the transaction of business thereat.
Members present at a duly called or held meeting at which a
quorum is present may continue to do business until adjournment,
notwithstanding the withdrawal of enough members to leave less
than a quorum, provided any action taken .(other than adjournment)
is approved by at least a majority of the number of members
required to constitute a quorum.
4.7.2 If, however, such majority shall not be present
or represented at any meeting of members, members entitled to
vote thereat,.present in person or by proxy, shall have the power
to adjourn the meeting from time to time until the requisite
number of members shall be present or represented; provided,
2
..
however,-that any
than five (5) and
of the originally
meeting at which
or represented, a
been transacted a
such adjournment shall be to a date not less
not more than thirty (30) days from the date
scheduled meeting. At such adjourned
the requisite number of members shall be present
ny business may be transacted which might have
t the meeting as originally noticed.
ARTICLE V
VOTING RIGHTS
.5.1 -Members' Right to Vote.
5.1.1 Only persons who are members of the association
shall be entitled to vote at a meeting of members.
5.2 Classes of Voting Members.
5.2.1 Members shall be divided into two (2) classes
for the purposes of voting, Class A and Class B. Class A
member(s) shall be all owners of condominiums except declarant
and said Class A member(s) shall be entitled to one (1) vote
for each condominium owned. The lone Class B member shall be
declarant who shall be entitled to three (3) votes for each
condominium owned. Declararft's Class B voting status shall
cease and convert to Class A Voting status on the earlier
occurrence of one of the following: (i) when the total votes
outstanding inClass A equal the total votes outstanding in
Class B or (ii) on that certain date which is two (2) years
after the original issuance by the California Department of
Real Estate of a final subdivision public report with respect
to the project.
5.3 Voting Rights; Required Vote; Cumulative Voting.
5.3.1 On all matters, including the election of each
director to be elected, a member shall have the number of votes
as set forth above for each .condominium owned by said member.
5.3.2 When a quorum is presents at any regular or
special meeting of members, the affirmative vote of a majority
of the members of each voting class of the association present
at such meeting shall be required for members to transact any
business thereat, except where the item of business is the
enforcement of the obligations under a bond or other arrangement
pursuant to Section 2792.4 of Title 10 of the California
Administrative Code.
5.3.3 Every member entitled to. vote at any election
for directors of the association may cumulate his votes and
7.
give one (1) candidate a number of votes equal to the number of
votes to which he is entitled, or distribute his votes on the
same principle among as many candidates as he may desire. The
candidate receiving the highest number Of votes up to the number
of directors to be elected shall be elected directors of the
association.
5.34 Unless the entire governing body is removed
from office by the vote of members of the Association, no
individual governing body member shall be. removed prior to
the expiration of his term of office if the votes cast against
removal would be sufficient to elect the governing body member
if voted cumulatively at an election at which the same total
number of votes were cast and the entire number of governing
body members authorized at the time of the most recent election
of the governing body member were then being elected.
5.3.5 In the event the members other than declarant
lack sufficient votes in the aggregate, after cumulating the
votes of each of said members, to elect not less than twenty (20)
percent of the total number of directors authorized hereunder,
declarant shall not be entitled to vote in the election of
twenty (20) percent of the directors to be elected.
5.3.6 A governing body member
to office solely by the votes of members
other than the subdivider may'be removed
to the expiration of his term of office
at least a simple majority of the voting
members other than the subdivider.
who has been elected
of 'the Association
from office prior
Dflly by the vote of
power residing in
5.3.7 If more than one (1) legal person constitutes
a member, (i) a vote(s) in person or by proxy by such persons
will not be considered (except for the purpose of establishing
a quorum) unless those persons attempting to vote declare that
they wish to exercise the one vote to which their unit is
entitled and (ii) a vote(s) cast by less than all of such
persons shall be binding upon the other persons who fail to
cast their vote and shall conclusively be deemed the vote of such
member.
5.4 Proxies.
5.4.1 Every member entitled to.vóte or to authorize
action may do so either in person or by one or more agents
authorized by a written proxy executed by the person or his duly
authorized agent and filed with the secretary of the' association.
ARTICLE VI
DIRECTORS; MANAGEMENT
6.1 General Powers.
M.
S.
.. S
6.1.1 Subject to the limitations of the declaration,
of the articles, of these bylaws and of the laws of the State
of California as to action to be authorized or approved by
members, all association powers shall be exercised by or under
authority of, and the business and affairs of the association
shall be controlled by, the board of directors.
6.2 Specific Powers.
6.2.1 In addition to the general powers described
above, the board of directors shall have the following
specific. powers:
(1) To adopt regulations not inconsistent with
the provisions of the declaration, including, but not limited.
to, rules and regulations relating to the use of and activities
permitted in the common area.
(ii) To maintain bank account(s) for funds
coming under the 'control of the association.
(iii) To levy regular and special assessments
and otherwise act as set forth in (and subject to the pro-
visions of) the declaration and the articles.
(iv) To enforce the provisions of the
declaration, these bylaws and any other instruments for the
management and control of the project; however, nothing con-
tained in the article shall be construed to prohibit enfor-
cement of the declaration by any owner.
(v) To contract for and maintain (a) Lire,
casualty, liability, workmen's compensation, medical, hospital,
and other insurance insuring owners and other persons and
(b) bonds of directors and other persons.
(vi) To contract, provide and pay for (a)
maintenance, utility, gardening and other services bene-
fiting the common area; (b) employment of persons necessary
for operation of any building and (c) legal and accounting
services.
(vii) To contract for And purchase tools,
equipment, materials, supplies and other personal property
and services for (a) maintenance and repair of the common
area and (b) improvements to the project.
(viii). Tocontract.for and pay for
reconstruction of.any portion(s) of the project damaged or
destroyed. .
5-. .
(ix) To enter at all reasonable times, by it
or its agents or independent contractors, :any unit when
VE
.
.
necessary in connection with maintenance, construction or
emergency repair as to which the association has rights
hereunder.
(x) To pay taxes which would be a lien upon
the entire project or the common area or'any portion
thereof, and to pay and discharge any lien-or encumbrance
levied against the entire project or the common area or any
portion thereof.
(xi) To sell, at such price and terms as the
board of directors may determine, the entire project, for the
benefit of all of the owners and mortgagees thereof, as their
interests shall appear. Said power to sell shall be
exercisable only (a) when partition of the project may be had
under California Civil Code Section 1354, (b) after recor-
dation of a certificate. by those owners consenting to the
exercise of said power to sell (in accordance with said
Section 1354) that said power is properly exercisable and
(c) after obtaining the written consent of at least seventy-
five (75) percent of the first mortgagees (based upon one vote
for each first mortgage owned)..
(xii) To prosecute or defend, in the name of the
association, any action affecting or relating to the common area,
or any action in which all of the owners have an interest in
the subject thereof:
(xiii) To suspend temporarily the (a) right of
an owner to use the recreational facilities within the common
area and (b) voting privileges of an owner, for default in the
payment of any regular or special assessment levied by the
association pursuant to the declaration, or for violating any
regulations adopted by or established by the, board of directors
to govern the use of and activity in the common area, or for
breaching any provision of the declaration. Such suspension
shall only occur only pursuant to the procedure mandated by
Corporation Code Section 7341 and after a hearing before the
board of directors at which hearing such owner has been given
the opportunity to defen4 himself; such hearing shall.be held
only after such owner has been given at least thirty (30)
days prior notice in writing of the sc*ieduled hearing and such
notice sets forth the alleged default or violation.
6.2.2 No right or power
directors in this article shall be
obligation or disability charged u:
or any director. If any right or
exercised, directors so exercising
exercise shall be held to the same
a trustee acting for compensation.
conferred on the board of
construed as a duty,
pon the board of directors
power herein granted be
or'voting for such
standard' of 'care as would
10.
6.2.3 Any contract entered into, or in
executed, by any two (2) or more directors pursuant to
resolution of the board of directors shall be (i) valid and
subsisting -according to the tenor of such contract or
instrument; (ii) a charge upon all cash, bank accounts and
other personal property under the control of the board of
directors; and (iii) a debt of all owners in the same propor-
tion as their respective interestsin the common area. Any-
transfer, assignment or. conveyance to, or any contract right
in favor of, the board of directors shall vest in the-board
of.directors, for the benefit of the owners in the same pro-
portion as their respective interests in the common area. So
long as he acts within the scope of his authority as a
director, no director shall have any personal liability under
any such contract or instrument; however, the foregoing shall
not be construed to relieve any director, who is also an owner,
from liability as such owner.
6.2.4 Anything-in this article to the contrary
notwithstanding, the board of directors may not, without the
vote of members entitled to exercise a majority of the voting
power in each of the voting classes as provided in Article V
hereof, (i) enter into a contract with a third person for
materials and/or services benefiting the common area or the
association for a term in excess of one (1) year, except
(a) any management contract, the terms of which have been
approved by the Federal Housing Administration or Veterans
Administration, (b) any contract with a public utility
company if the rates charged for the materials or services
are regulated by the Public Utilities Commission provided,
however; that the term of the contract shall not exceed the
shortest term for which the supplier will contract at the
regulated rate and (C) any prepaid casualty and/or liability
insurance policy(ies) which do not exceed three (3) years
duration provided that such policy(ies) permits for short-
rate cancellation by the insured; (ii) sell, during any
fiscal year of the association, property of the association
having an aggregate fair market value greater than five (5)
percent of the budgeted gross expenses of the association for
that fiscal year; or (iii) pay any com9ensation to any director
or officer of the association for services performed in the
conduct of the association's business; ,however, the board of
directors may reimburse any such director or officer for
expenses incurred by him in carrying on the business of the
association. Anything contained in these bylaws to the
contrary notwithstanding, declarant may not vote as a Class A
member for purposes of approving an action specified in this
paragraph 6.2.4.
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11.
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I
RVT
6.2.5 Anything contained in this paragraph 6.2 to
the contrary notwithstanding, the board of directors shall not
have the power to (i) authorize or approve any contract for the
professional management of the project which does not permit
the association to terminate, without cause or payment of a
termination fee, on ninety (90) days or less written notice
and/or has a term greater than three (3) years or (ii) grant
to anyone easements or use rights which affect the common area.
6.2.6 The directors may, from time to time and as
permitted by law, delegate any of the powers enumerated herein
to the officers, committees and employees of the association.
6.3 Number.
6.3.1 The authorized number of directors of the
association shall be three (3) until changed by an amend-
ment to the articles or by an amendment to this paragraph 6.3
of these bylaws, adopted by the vote or written consent of the
members entitled to exercise a majority of the voting power
of the members in each voting class as provided in Article V
hereof; except anything in these bylaws to the contrary
notwithstanding, declarant shall not be entitled to vote as a
Class A member on amendments affecting the authorized number
of directors. S
6.4 Election and Tenure of Office.
6.4.1 All directors shall be elected by secret and
written ballot to serve for one (1) year and until their
successors are elected and have qualified or until their earlier
resignation or removal. The candidates receiving the highest
number of votes shall be elected as directors. The term of
office for directors shall begin immediately after their
election. The terms of office of the directors shall be
concurrent. The first election of directors shall be
conducted at the first meeting of the association and all
positions shall be filled at that meeting.
6.4.2 The chairman of the loard, or the president
if there is no chairman, shall appoint a committee to select
qualified candidates for election to tJie board of directors at
least sixty (60) days before the date of any election of
-directors. The nominating committee shall make its report
at least thirty (30) days before the date of the election,
and the secretary shall forward to each member, with the
notice of meeting required by Article V, Section 4.4 a list
of candidates nominated, by office.
6.4.3 Members representing two percent of the
membership may nominate candidates fork directorships at
any time before the fiftieth day preceding such election.
On timely receipt of a pe tition signed by the required number
of members, the secretary shall cause the names of the can-
didates named on it to be placed on the ballot along with
those candidates named by the nominating committee.
6.4.4 If there is a meeting to elect directors,
any member present at the meeting, in person may place names
in nomination.
6.4.5 If the corporation now or hereafter
publishes., owns, or controls a newsletter or other publication,
and publishes material in the publication soliciting votes
for any nominee for director, it shall make available to all
other nominees, in the same issue of the publication, an
equal amount of space, with equal prominence, to be used by the
nominee for a purpose reasonably related to the election.
6.4.6 On written request by any nominee for election
to the board and accompanying payment of the reasonable costs
of mailing (including postage), a corporation shall, within
ten business days after the request (provided payment has been
made), mail to all members, or such portion of them as the
nominee may reasonably specify, any material that the nominee
may furnish and that is reasonably related to the election,
unless the corporation within five business days after the
request allows the nominee,' at the corporation's option, the
right to do either of the following: (1) Inspect and copy
the record of all the members' names, addresses, and voting
rights, at reasonable times, on five business days' prior
written demand on the corporation, which demand shall state
the purpose for which the inspection rights are requested;
or (2) obtain from the secretary of the corporation, on
written demand and tender of a reasonable charge, a list of the
names, addresses, and voting rights of those members entitled
to vote for the election of directors, as of the most recent
record date for which it has been compiled or as of a date
specified by the member subsequent to the date of demand.
The membership list shall be made available on or before the
later of ten business dayl after the demand is received or after
the date specified in it as the date b which the list is to be
complied.
6.4.7 The corporation may not decline t
or mail material that is otherwise required hereby
or mail on behalf of any nominee, on the basis of
of the material, except that the corporation or an
agents, officers, directors, or employees may seek
with an order of the Superior Court allowing them
material that the court finds will expose the movi
to liability.
o publish
to publish
the content
y of its
and comply
to delete
ng party
13.
6.4.8 Without authorization of the board, no
corporate funds may be expended to support a nominee for
director after there are more people nominated for director
than can be elected.
6.5 Vacancies.
6.5.1 A vacancy or vacancies shall be deemed to
exist in any of the following instances: (i) the death,
resignation or removal of any director; (ii) the authorized
number of directors shall be increased by amendment to these
bylaws or to the articles and the members shall fail to elect
the additional director(s); (iii) members shall fail at any
time to elect the full number of authorized directors; or
civ) any director shall fail to qualify to serve in the
office within thirty (30) days after notice of his election.
6.5.2 Vacancies in the board of directors may be
filled by a majority of the remaining directors, though
less than a quorum, or by a sole remaining director. Each
director so elected shall hold office until his successor is
elected at an annual, regular or special meeting of members or
until his earlier -resignation or removal.
6.5.3 Members may at any time elect a director to
fill any vacancy not filled by the directors and may elect
additional directors at such time as an amendment of the
articles or bylaws is adopted which authorizes an increase
in the number of directors.
6.5.4 If the board of directors accepts the
resignation of a director tendered to take effect at a future
time, the board, or if the board should fail to act, the
members, shall have power to elect a successor to take office
when the resignation shall become effective.
6.5.5 No reduction of the number of directors
shall have the effect of removing any director prior to the
expiration of his term of office.
6.6 Removal of Directors.-:,-
6.6.1 The entire board of directors or any individual
director may be removed from office by vote of members holding
a majority of the voting power in each voting class entitled to
vote at an election of directors, provided, however, unless the
entire board is removed, an individual director shall not be
removed prior to the expiration of his term of office if the
number of votes cast against his removal is greater than the
S
iotient arrived at by dividing the total number of votes that
may be cast under cumulative voting procedures by a divider
equal to one (1) plus the authorized total number of directors.
If any director(s) is so removed, a new director(s) may be
elected at the same meeting.
6.6.2 Notwithstanding the foregoing, a director
who, pursuant to paragraph 5.3 hereof, has been elected
solely by the votes of members other than declarant may be
removed from office prior to the expiration of his terra of
office only by the vote of at least a majority of the voting
power residing in members other than declarant.
6.7 Place of Meetings--
6.7.1 Meetings of the board of directors shall be
held at the office of the association located within the pro-
ject.
6.8 Organization Meetings; Notice.
6.8.1 Annual organizational meetings of the board
of director§ shall be held immediately following the
adjournment of the annual meetings of members or at such other
time and on such other date as the board may designate by
resolution. No notice of organizational meetings need be given
to directors except that written notice setting forth the date,
time and place of said meeting shall be posted at a prominent
place (or places) within the common area at least seventy-two
(72) hours prior to the scheduled time of said meeting.
6.9 Other Regular Meetings; Notice.
6.9.1 Regular meetings of the board of directors,
other than the annual organization meeting, shall be held at
such time and place as may be agreed upon from time to time by
the board, except that said meetings shall be held at least
every six (6) months if business to be transacted by the board
does not justify more frequent meetings. If said day shall
fall upon a holiday, such meeting shal] be held on the next
succeeding business day thereafter.
6.9.2 Written notice Of the time and place of
regular meetings shall be delivered personally to the directors
or sent to each director by letter or by telegraph, charges
prepaid, addressed to him at his address as it is shown upon
the records of the association or, if it-is not shown on such
records or is not readily ascertainable, at the place where
meetings of the directors are regularly held, at least seven (7)
15.
. S
Lys before the meeting. Written notice
;tablishing a date of the month, the time
gu1ar meeting shall also be given to each
notices shallalso be posted at a prominent
within the common area.
6.10 Special Meetings; Notice.
6.10.1 Special meetings of the board of directors
for any purpose shall be called by written notice signed by
the president or by any two (2) directors.
6.10.2 Written notices of the time and place of
special meetings, and the general nature of the business to be
considered thereat, shall be delivered personally to the
directors or sent to each director by letter or by telegram,
charges prepaid, addressed to him at his address as it is shown
on the records of the association or if it is not shown on such
records or is not readily ascertainable, at the place where
meetings of the directors are regularly held. In case such
notice is mailed or telegraphed, it shall be deposited in the
United States mail or delivered to the telegraph company in
the place in which the principal office of the association is
located at least seventy-two (72) hours prior to the time
of the. holding of the meeting. In case such notice is
personally delivered as .above provided, it shall be so
delivered at least seventy-two (72) hours prior to the time
of the holding of the meeting. Such mailing, telegraphing
or delivery shall be due, legal and personal notice to such
director.
6.10.3 Written notice of every special meeting of
directors ,ha1l be posted at -a prominent place (or places)
within the common area at least seventy-two (72) hours prior
to the scheduled time of such meeting.
6.11 Adjournment.
6.11.1 A majority of the directors present -at a
meeting of the board of diectors, whether or not a quorum
is' present at such meeting, may adjourn the meeting to another
time and place. If the meeting is adjourned for more than
twenty-four (24) hours, notice of any adjournment to another
time or place shall be given prior to the 'time of such
adjourned meeting to the directors who are not present at the
time of the adjournment.
6.12 Quorum; Required Vote.
6.12.1 A majority of the authorized number of
directors as 'designated by the articles or bylaws shall be
of the resolution
and place of a
director. Said
place (or places)
16.
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necessary to constitute a quorum for the transaction of
business. The action of a majority of the directors present
at any meeting at which there is a quorum, when duly assembled,
is valid as a corporate act; provided that a majority of the
directors present at any meeting at which a quorum is not
present may* adjourn from time to time, but may not transact
any business.
613 Open Meetings; Executive Sessions.
6.13.1 All organizational,, regular and special
meetings of the board of directors shall be open to all
members; however, members who are not on the board of direc-
tors may not participate in deliberations or discussions at
any such meeting unless expressly so authorized by the vote of
a quorum àf the board of directors.
6.13.2 Notwithstanding anything to the contrary
contained in the section, the board of directors may,
with. the approval of a majority of a quorum thereof, adjourn
any such meeting and reconvene in executive session to discuss,
consider or vote upon (i) items related to or involving
personnel, (ii) litigation in which the association is or may
become involved and/or (iii) matters of a similar nature, pro-
vided that the nature of any and all such business to be
considered in executive sessions shall first be announced in
the open meeting.
ARTICLE VII
OFFICERS
7.1 Officers.
7.1 The officers of the association shall be a
president, vice president, secretary and treasurer. The
association may also have, at the discretion of the board of
directors, a chairman of the board, one (1) or more addi-
tional vice presidents, one (1) or more assistant secretaries,
one (1) or more assistant treasurers and such other officers
as may be appointed in accordance with tr4ie provisions of
paragraph 7.3. Any two (2) or more offices, except those
of president and secretary, may be held by.the same person.
7.2 ppointment.
7.2.1 The officers of the association,
except such officers as may be appointed in accordance with
the provisions of paragraph 7.3 or 7.5, shall-be chosen
annually by the board of directors, and each shall hold
office until his successor shall be appointed or until his
17. - --
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.
earlier resignation, removal or disqualification.
7.3 Subordinate Officers.
7.3.1 The board of directors may at any time
appoint, or may designate an officer to appoint, such other
officers as the business of the association may require, each
of which shall hold office for such period, have such authority
and perform such duties as are provided in the bylaws or as ,,..
the board of directors. may from time to time determine.
7.4 Removal and Resignation.
7.4.1 Any officer may be removed, either with or
without cause, by a majority of the directors at that
time in office at any organizationa 1, regular or special meeting
of the board; and additionally, any subordinate officers not
appointed by the board of directors may be removed by any officer
upon whom such power of removal has been conferred by the board
of directors.
7.4.2 Any officer may resign at any time by giving
written notice to the board of directors, or to the president
or to the secretary of the association. Any such esignation
shall take effect at the d-ate of the receipt of such notice or
at any later time specified therein; and, unless otherwise
specified therein, the acceptance of such resignation shall
not be necessary to make it effective. ,
7.5 Vacancies.
7.5.1 A vacancy in any office because of death
resignation,.removal, disqualification or any other cause
shall be filled in the manner prescribed in the bylaws for
regular appointments to such office.
7.6 Chairman of the Board.
7.6.1 The chairman of the board, if there be such
an officer, shall, if present, preside at all meetings of the
board of directors, and exercise and perfrm such other powers
and duties as may be from time to time assigned to him by the
board of directors or prescribed by the bylaws.
7.7 President. 'S
7.7.1 Subject to such supervisory powers, if any,
as may be given by the board of directors to the chairman of
the board, if there be such an officer, the president shall be
the chief executive officer of the association and shall, subject '1
S S
to the 'control of the board of directors, have general
supervision, direction and control, of the business and
officers of the association. Me shall preside at tall
meetings of the member's and in the absence of the chairman
of the board, or if there be none, at all inetings of the
board of directors. He shall 'be an ex officio member of
all standing committees and shall have the general powers
and duties of management usually vested in the office of'
president of a corporation and shall have such other -powers
and duties as may be prescribed by the board of directors or
the bylaws.
7.8 'Vice-President(s).
7.8.1 In the absence or disability of the president,
the, vice-presidents in order of their rank as fixed by the board
ofdirectors (or if not ranked, the vice-president designated
by the board of directors) shall perform all the duties of the
president, and when so acting shall have all the powers of,
and be subject to all the restrictions upon the president. The
vice-presidents shall have such other powers and perform such
other duties as from time to time may be prescribed for them
respectively by ,the board of directors or the bylaws..
7.9 Secretary and 'Assistant Secretary...
:7.9.1 The secretary shall keep, or cause to 'be kept,
at the principal office of the association or such 'other '.place
as the board of directors may order, a book ofitinutes of :all
meetings of directors and members -showing (i).the tme.and.-;
place of holding; (ii) whether regular or special, and -if
special, how authorized;' (iii) the notice thereof given;
(iv) the names of those present at the' directors' 'meetings;
(v) the number of members present or represented at the
member's meetings; and (vi) the proceedings thereof.
7.9.2 The secretary shall keep, or'.cause to -be kept,
at the principal office of the association or'at such' other
place as the board of directors may designate, 'a membership
book showing the names and addresses of, the members andthe',
date on which membership ceased. ..
The secretary shall give `or c s
notice of all the meetings of' the members and of the ;board of
directors required by the bylaws or by statute to be given;
and he shall keep the seal of the association in'safe'custody
'and shall have such other powers and perform such other duties ...
as may be prescribed by the board of diréctospr the bylaws.
19.
Aisk
S
7.9.4 The assistant secretary,.,if there shall be
such an officer or if there be more than one (1), the assistant
secretaries in the order determined by the board of directors
(or if there be no such determination, then in the order of
their appointment), shall, in the absence of the secretary
or in the event of his inability or refusal to act, perform
the duties and exercise the powers-of the secretary and shall
perform such other duties and have such other powers as the
board of directors may from time to time prescribe. -
7.10 Treasurerand Assistant Treasurer.
7.10.1 The treasurer shall keep and maintain, or
cause to be kept and maintained, adequate and correct accounts
of the properties and business transactions of the association,
including accounts of its assets,'liabilities, receipts,
disbursements, gains, losses and surplus. The books of account
shall -at all reasonable times be open to inspéctionbyany
director.
7.10.2 The treasurer shall deposit all monies and
other, valuables in the name and to the credit of the association
with such depositories as may be designated by the board of
directors. He shall,disburse the funds-of the association as
may be ordered by the'board äf directors, shall render to the
president and directors, whenever they request it, an account,
of all of his transactions as treasurer and of the-financial"
condition of the association, and shall have such Other powers
and perform such other duties as may be prescribed by the board,
of directors or the bylaws.
7.10.3 If required by the board of directors, the
treasurer shall give the association a bond in such sum and with
such surety or sureties as shall be satisfactory to the board
of directors for the faithful performance of the, duties of his
office and for the restoration to the association, in case of'
his death, resignation, retirement or removal from office, of
all books, papers, vouchers money and other property, of
whatever kind in his possession or under his control 'belonging
to the association.
7.10.4 'The assistant treasurer,'if-there'shall be such
an officer, or if there shall be more than one (1),- the assistant
treasurers in the order determined by the board of 'directors-
(or if there be no such determination, then in the order of'
their appointment), shall, in the absence of the treasurer or in
the event of his inability or refusal to act, perform the duties
and exercise the powers of the treasurer-and shall -perform such - -
other duties and have such other powers as the board of
directors may from time to time prescribe.
20.
ARTICLE VIII :
CONNITTEES
8.1 Architectural Control Committee.
8.1.1 The association shall, have an architectural
control committee for the purpose of advising the board of
directors on the matters of structural and landscaping
architecture and design within the project. The architectural
control committee shall have such powers and perform such
duties as the board of directors shall delegate thereto.
8.1.2 The architectural control committee shall
consist of not less than three (3) nor more than five (5)
individuals. Those individuals named in the articles as
the first directors of the association shall, as appointees of
declarant, initially constitute the architectural control
committee and shall serve for one (1) year from the date of
the original issuance by the California Department of Real
Estate of the final subdivision public report .for the project
and until their successors are selected or until their
earlier resignation or removal. Within one (1) year from
the date of the original issuance by the California Department
of Real Estate of the final subdivision public report for the
project, the board of directors shall appoint three (3) members
to.serve on the-architectural control committee whose terms
shall commence upon the expiration of theterms of the original
appointees. All persons appointed tôserve on the
architectural control committee ,shall be members of the asso-
ciation and shall hold office at the pleasure of the board.
8.1.3 'Any vacancy on the architectural control
committee by reason of death, resignation or removal by the
board shall be promptly filled by the board with a member(s)
within thirty' (30) days after such vacancy first occurs. If
any position on the architectural control committee cannot be
filled by the board with a member, then, in such event,
declarant may appoint a nan-member(s) to fill such position(s).
8.2 Executive and Other Committes.
8.2.1 The 'board of directors, may appoint an
executive committee, and such other committees as may be
necessary from time to time, consisting of such number of its
members and with such powers as it . may designate, consistent
with the articles, these bylaws and the laws of the State of
California. Such committees shall hold office at the
pleasure of the board and need not be reappointed annually.
21.
'P...'.
ARTICLE IX
ASSOCIATION RECORDS AND REPORTS; INSPECTION
9.1 Records.
9.1.1 The association shall maintain adequate and
correct accounts, books. and records of its business and pro-
perties. All such books, records and accounts shall be kept
at itsprincipal place of business in the State of California
or at such other place as may be designated by the board of
directors from time to time.
9.2 Inspection of Books and Records.
9.2.1 The member register, the books of account,
minutes of proceedings of the association, of the board of
directors, of the executive committee and of other
committees of the association shall (upon the written demand
of any member) be open to inspection and copying by such
member or his duly appointed representative at any reasonable
time, for a purpose reasonably related to such member's
interests as a member, at•,te office of the association or at
such other place within the project as the board of directors
shall prescribe. All of the foregoing documents, books and
records shall be exhibited at any time when required by the
demand at any members' meeting often (10) percent of the
members represented at such meeting.:
9.2.2 Each director shall have an absolute right,
at any reasonable time, to inspect and copy the aforesaid
documents, books and records and to inspect the physical
properties owned or controlled by the association.
9.2.3 An inspection demand other than at a
members' meeting shall be made in writing upon the president,
secretary, assistant secretary ot such other individual who
is the custodian ofthe records of the ssoçiation. The
board of directors shall 'establish reasonable rules with
respect to (i) hours and days of the week when such an
inspection may be made and ('ii) payment 'for the cost of
reproducing copies of such documents, books and records
requested by a member or director.
9.3 Certification and Inspection of Bylaws.
9.3.1 The original or a copy of these bylaws as
amended or otherwise altered to date, certified by the
secretary, shall be open to inspection by members at the
association's principal office at all reasonable times during
office hours.
I
I
9.4 Checks. Drafts'. Etc.
9.4.1 All checks, drafts or other orders for payment
of money, notes or other evidences of indebtedness, issued in
the name of or payable to the association, shall be.signed or
endorsed by such person I or persons and in such manner as shall
bedeterrnined from time to time by resolution of the board of
directors-
9.5
9.5 COntracts, EtO.; How Executed.
9.5.1 The board of directors, except as otherwise
provided in these bylaws, may authorize any officer or
officers, 'agent or agents, to enter into any contract or execute
any instrument in the name of and on behalf of the association.
Such authority may be general or confined to specific instances.
Unless so authorized by the board of directors, no officer,
agent or employee shall have any power or authority to bind the
association by any contract or engagement, or to pledge its
credit., or to render it liable for any purpose or to-any amount.
9.6 'Annual Budget. :
9.6.1 'The board ofdirectors shall cause a pro forma
operating statement (budget) for each fiscal-year to be sent to
members at. least sixty (60) days prior to the commencement of
such fiscal year. The pro forma operating statement shall
include a statement of (1) all contemplated expenses and costs
for such fiscal year and' (ii) all contemplated receipts from
assessments and income for such fiscal year.
9.7. Annual RepOrt.,,,
9.7.1 The board of directors shall cause an annual
report to be sent to members not later than ninety (90) days
after the close .of the fiscal or calendar year.
9.7.2 The annual report shall include (i) a balance
sheet as of such closing datesand '(ii) a statement of income or
profit and loss for the year ended on such closing date. Such
financial statements shall be prepared frox the books of the
association and shall be certified by the president, secretary,
treasurer or a public accountant. 'The financial statements
shall be prepared 'according to generally accepted accounting
principles applied on a basis consistent with that of the preceding
year.
97.3 An external audit by an indOpendent public
accountant shall be required with respect to such financial
statements for any fiscal yearinwhich the aggregate of all
a
2..
S
regular and special asssssents leviedupon all members during such
fiscal, year exceeds Seventy-Five Thousand Dollars ($75,000.00).
9:8 Initial Financial. Report.
9.8.1 The board of directors shall cause an initial
financial report to be sent to members not later than sixty (60)
days after the close of an accounting period which shall close
on the last day of the.month closest in time to six (6) months
after the sale and conveyance by declarant of ,the first
condominium in the project.
The initial financial report shall include
(i) a'-balance sheet as of such closing date, (ii) a statement
ended on such closing date and (iii) a schedule of assessments
received and receivable itemized by unit number and by the name
of the owner(s) so assessed.
ARTICLE
CORPORATE SEAL
The association's corporate seal shall be circular in form
and shall have inscribed thereon the name of the association,
the date of its formation and the word "California".
H-: ARTICLE XI
- AMENDMENTS TO BYLAWS
11.1 By Members
ii.. 1.1 New bylaws may be adopted or these bylaws may be
amended or repealed by approval of a majority of the voting power
in each voting class as provided in. ARTICLE V or by written assent
of these persons. However, if the corporation has more than one
class of voting members, any amendment which would materially
and adversely affect the rights of any class as to voting or
transfer, Mfferently than such action affects another class,
must be approved by the majority of the members of such affected
class. Further, where any provision of these bylaws requires the vote
of a larger proportion of the members than otherwise required by
law, such provision may not be altered, amended or repealed except by
vote of such larger number of members. No' amendment may extend the
term of a director beyond that for which such director was elected.
11.2 No Amendment by Directors.'' - -
11.2.1 Notwithstanding anything to the contrary con-
tained herein, the board of directors shall not have any right or
power to -adopt, amend or repeal any of these bylaws.
11.3 Record of Amendments. -- -
11.3,1 Whenever an amendment or new bylaw is
4VV;V •V
adopted, it shall be copied in the appropriate place in the
book of bylaws with the original bylaws. If any bylaw is
repealed, the fact of repeal with the date of the meeting at
which the repeal was enacted or written assent was filed
shall be stated in said book.
ARTICLE XII
AMENDMENTS TO ARTICLES
Amendments to the articles of incorporation of the
association may be adopted by resolution of the board of
directors and (i) by a vote of members entitled to exercise a
majority of the voting power in each voting class as 'pro-
V vided in Article V hereof or by written consent of such mem-
bers or-(ii) upon cessation of Class B as a separate and
distinct voting class, by a vote of members entitled to
exercise amajority of the voting power in Class A (including
the-vote(s) of declarant as a Class A member) or by written-
consent of such members, provided that said vote or written
• consent shall include the votes of not less than a majority
of the members (other than declarant). Amendments shall be
reflected-in the book containing the original articles.
ARTICLE XIII
dA SUPREMACY OF DECLARATION V
V
of these articles of incorporation or of.
these bylaws, and no action of the association, in violation
or contravention of any provision of the declaration shall be V
valid, subsisting or of any effect whatsoever. - V
THE UNDERSIGNED, being the sole member of the association,
as of the date hereinbelow set forth, hereby consents to the
foregoing bylaws and adopts the same as the bylaws of the - V
association. V V
IN WITNESS WHEREOF, he undersigned has hereunto
V subscribed its name this -_- day of .1983.
•, - V
V V V• IV V
V: V VV , LLEWELLYN SHORES ASSOCIATION V V V V
VVVV::.V:VVV V V:VVV.VVVV V VV By: V
VVV 'V
• V : V VS
-
VVVVV
V By: • VV V
By:
V
V VVVVV:
V V -
'c
S S S
CERTIFICATION
The itndersigned does hereby certify that
- -5 S
S
.5 S 1 •.
and '-= S
, acting jointly, is the sol mether:
as of the date hereinbelow set forth, of LLEWELLYt SHORES ASSO-
CIATION, a California nonprofit mutual benefit corporation
(hereinafter "association"), and
2 The foregoing bylaws, comprising twenty-six (26) pages,
including this page, constitute the bylaws of the association as - - - -
duly adopted-by the sole member of the association by written -
consent dated 5 - , 1983. S
- - IN WITNESS WHEREOF, the undersigned has executed this
certification on this day of S , 1983. S
-/
a
55SI
I -s
CITY C CARLSBAD
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
438-5551
RECEIVED FROMi tT DATE !2_
A/c. NO. DESCRIPTION AMOUNT
c\ \Ct C
__ 21 jO22
'JUW 1984
p,A:J
\$ CfI O C)
6'
327 TOTAL
/L 40
. .
APPLICANT DISCLOSURE FORM
In order to assist, the members of the Planning Commission and
City Council to avoid possible conflicts of interest, all appli-
cants are required to complete this disclosure form at the time
of submitting their application. When this form has been com-
pleted and signed, the information will be relied upon by them in
determining if a conflict may exist, so please ensure that all of
the information is completed and accurate. If at anytime before
a final action on your application has been rendered, any of the
information required by this disclosure changes, an amendment
reflecting this change must be filed.
If the applicant is an individual, or a partnership (either gen-
eral or limited) or a joint venture, please state the full name,
address and phone number of each person or individual (including
trusts) who own any beneficial interest in the property which is
the subject of this application. Should one or more parties to
the application be a partnership or joint venture, then please
state the full legal name of the partnership or joint venture,
its legal address and the name and address of each individual
person who is a general and/or limited partner or member of the
joint venture.
Should one or more of the parties be a privately held corporation
(10 shareholders or less) or a real estate syndication, then
please state the state of incorporation or syndication, corporate
number, date ofincorporation or syndication, corporate or syn-
dicate address, and the full names and addresses of each
individual shareholder or syndicate member. Should the corpor-
ation be a publically held corporation, then state the full name
and address of the corporation, the place of its incorporation,
number of shareholders, and the name and address of the officers
of the corporation.
Should you feel that additional information needs to be provided
in order to provide a full disclosure, please include it.
.
E. One (1) copy each of 8 1/2"xll" site plan and elevations.
F One (1) copy of 8 1/2"xll" location map (suggested scale
200" - vicinity maps on the site plan are not acceptable)
G. Environmental Impact Assessment Form ($175)
H. Public Facility Agreement: 2 copies: One (1) notorized
original, One (1) reproduced copy.
I. Disclosure Statement
J. Property Owners' List and Addressed Stamped Envelopes
(Not needed for Site Development Plan, Special Use Permit,
Planning Commission Determination and Minor Condominium
Permit) 1) a typewritten list of the names and addresses of
all property owners and occupants within a 300 foot radius
of subject property (including the applicant and/or owner).
The list shall include the San Diego County Assessor's
parcel number from the latest assessment rolls. 2) Two
separate sets of legal size (#10), addressed stamped
envelopes (four sets for condominium conversions) of the
property owners and occupants within a 300-foot radius of
subject property. For any address other than single family
-residence, apartment or suite number must be included. DO
NOT TYPE ASSESSOR'S PARCEL NUMBER ON ENVELOPES AND LEAVE
RETURN OF ADDRESS BLANK. 3) For Condominium Conversions,
two separate sets of addressed, stamped envelopes of all
existing tenants is required.
K. 300 Foot Radius Map
(Not needed for Site Development Plan, Planning Commission
Determination and Special Use Permit). A map to scale not
less than 1" = 200' showing each lot within 300 feet of the
exterior boundaries of the subject property. Each of these
lots shall be consecutively numbered and correspond with the
property owner's list. The scale of the map may be reduced
to a scale acceptable to the Land Use Planning Manager if
the required scale is impractical.
L. For residential projects within Vista, Encinitas or San
Dieguito School Districts, the applicant shall indicate
whether he prefers to dedicate land for school facilities,
to pay a fee, in lieu thereof, or do a combination of these.
If the applicant prefers to dedicate land, he shall suggest
the specific land.
For residential projects within the Carlsbad Unified School
District and the San Marco Unified School District, the
applicant shall submit written confirmation that school
facilities will be available and serve the project at time
of need.
M. Preliminary Title Report (current within the last six
months)
N. Proof of sewer availability if located in the Leucadia
County Water District.
0. Colored Site Plan and Elevation Plan *
P. Statement of agreement to waive tentative tract map time
limits.
*NOTE: It is the Applicant's responsibility to bring one copy of
a colored site plan and one copy of a colored elevation
to the Land Use Planning Office by Noon the day of the
Planning Commission meeting.
If after the information you have submitted has been reviewed, it is determined
that further informatiorLS required, you will be so aded.V
APPLICANT: Charles F. Rowe
Name (individual, partnership, joint venture-, corporation, syndication)
P. 0. Box 142 Carlsbad, CA 92008
Business Address
434-3125
Telephone Number'
- Name
Same -
Business Address
• 434-3125
Telephone Number
•MELMERS : Charles .F.: Rowe
Name '(individual, partner, joint
venture, corporation, syndication)
3083 Ocean Street
Home Addresi
P. 0. Box 142, Carlsbad, CA 92008
Business Address
434-3125 V 729-9545 - -
Telephone Number V Telephone Number
Neil & Vivien Joebchen 3948 Skyline Dr. Carlsbad, CA
Nire
V V • some Address
P. 0. Box 142 , Carlsbad, CA 92008
Business Address
434 3125 V 729Q51 V V
Telephone Number V - Telephone Number V
(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 upon as being true and correct until amended.
V :•• V : V
APplL1
V
cant Charles F. Rowe
BY General partner
V
Agent, O:ner, Parrier , V
I I
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Commission 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 concurrence 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.,
Environmental Assessment, Environmental Impact Report, Condominium
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 to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete jo properly review all of the applications.
gna
Charles P. Rowe, General Partner
Name (Print) Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
5
. .
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 5, 6, 7.and 8 1N BLOCK "K" OF PALISADES, IN THE CITY OF CAFLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN
THE OFFICE OF THE COUNTY RECORDER FEBRUARY 5, 1923.
£
7
— - __ ___ _.___ ._&••__._••____ _.____._.__.__ !!!IlWSYSIII1I saI.Ii*..ursr Sl• IhilfliIlIIMhS WIIIjIIShI aug 0110 1Si1a.ui Ju111 w II iOIIflUSSlS dIuu All ..—M....-.aj
ORPL&MEWAL INFORMATION FORM
VARIANCE'
1) Gross Acres (or square footage, if less than acre)
2) Zone'-
3) General plan iä Use Designaticn
4) By law a Variance may be approved cnly if certain facts are found to exist.
Please read these requirements carefully and explain ho, the proposed.
project meets each of these facts. Use additiaial sheets if necessary.
a) Explain why there are excepticnal or extraordinary circumstances or
ccnditicns applicable to the property or to the intended use that do not
apply generally to the other property or class of use :in the same vicinity
and zae: . -.
b) Explain why such variance is necessary for the preservaticn and
enjoyment of a' substantial property right, possessed by other property in
the same vicinity and zae but Which is denied to the property in qestion:
c) Explain why t1 granting of such variance will not be materially
detrimental to the public welfare or injurious to the property or
inrOvements in such vicinity and zcne in which the property is -located
d) Explain why the granting of such variance will not adversely affect the
cariprel-iensive general plan:
61
. .
Residential Condominiums
$530.00 (50 units or less)
$1,090.00 (50 units or more)
$365.00 (Amendment for 50 units or less)
$655.00 (Amendment for 50 units or more)
$ 5.00 Unit (Notification of Tenants for Condominium
Conversion)
Residential Planned Unit Development
$530.00 (50 units or less)
$875.00 (51 units or more)
$275.00 (Amendment for 50 units or less)
$545.00 (Amendment for 50 units or more)
Non Residential Condominium or Planned Unit Development
$420.00 (50 or less units)
$1,090.00 (50 or more units)
$220.00 (Amendment for 50 or less units)
$400.00 ( Amendment for 50 or more units)
Site Development Plan
1. Application Form
2. General Requirement Items
- fifteen (15) copies of items B-D
- items E-I, M-O
3. Fee: $365.00
Conditional Use Permit/Special Use Permit/Precise Development Plan
1. Application Form -
2. General Requirement Items:
- fifteen (15) copies of items B-D
- items E-O (items L,M & N not required for Special Use
Permit)
3. Fee: $420.00 Conditional Use Permit/Special Use Permit
$440.00 Precise Development Plan
4. Additional information may be required by the Engineering
Department for Special Use Permits
Variance
1. Application Form
2. General Requirement Items: - fifteen (15) copies of item B and D (if
applicable)
- items E, F, H-K, M, 0
3. Variance Supplemental Sheet
4. Fee: Single Family = $150.00
Other = $420.00
2
.
.
Planning Commission Determination
1. Application Form
2. One page statement precisely indicating the
determination request.
3. General Requirement Items:
- fifteen (15) copies of items B-D (if applicable)
- items F-I, M, 0
4. General Requirement Items for Density Determination:
- fifteen (15) copies items B-D
- items E-I, M-O
5. Fee: $330.00
Major and Minor Redevelopment Permits
1. Application Form
2. General Requirement Items:
- Major:
- fifteen (15) copies of Item B-D
- items E-M and material samples (if applicable)
- Minor:
- fifteen (15) copies of items B-D (if applicable)
- items E-F, H-M and material samples (if
applicable)
3. Fee. (Not established except where other permit is
necessary).
Structure Relocation
1. Application Form
2. General Requirement Items
- fifteen (15) copies of
- items E, F, H, I t M
- inspection notice from
3. Fee: $120.00
B and D
the Building Department
NOTE: INCOMPLETE SUBMITTALS WILL PREVENT OR
SIGNIFICANTLY DELAY THE PROCESSING OF A PROJECT
II. GENERAL REQUIREMENTS
A. Tentative map/preliminary grading plan (24" x 36")
Each tentative map/preliminary grading plan shall
contain the following information:
(1) Name and address of the owner whose property is
proposed to be subdivided and the name and
address of the subdivider;
(2) Name and address of registered civil engineer,
licensed surveyor, landscape architect or land planner
who prepared the maps;
(3) North point;
(4) Scale; vicinity map;
. .
(5) Date of preparation;
(6) The location, width and proposed names of all
streets within the boundaries of the proposed
subdivision and approximate grades thereof;
(7) Location and. width of alleys;
(8) Name, location and width of adjacent streets;
(9) Lot lines and approximate dimensions and
numbers of each lot;
(10) Approximate location and width of watercourses or
areas subject to inundation from floods, and location
of structures, irrigation ditches and other permanent
physical features;
(11)- Approximate contours at 1' intervals for slopes
less than 5%, 2' intervals for slopes between 5% and
10%, and 5' intervals for slopes over 10%. (both
existing and proposed)
(12) Approximate location of existing buildings and
permanent structures and proposed condominium -
buildings;
(13) Location of all major vegetation, showing size
and type;
(14) Legal description of the exterior boundaries of
the subdivision (approximate bearings, distances and
curve data);
(15). Width and location of all existing or proposed
public or private easements;
(16) Classification of lots as to intended
residential, commercial, industrial or other uses;
(17) Location of railroads;
(18) Approximate radii of curves of streets;
(19) Proposed name and city tract number of the
subdivision;
(20) Any proposed phasing by units;
(21) Number of units to be constructed when a
condominium or community apartment project is involved.
(22) Method of draining each lot;
(23) Earthwork Volumes
(24) Also, proposed utilities, existing street, sewer,
water, and storm drainage improvements along the
subdivision frontage, including street lights and fire
hydrants on both sides of the Street within 300 feet of
the subdivision.
(25) Typical street section for all adjacent streets
and streets within the project.
B. Site Plan: Shall include the following information:
- Name and address of applicant, engineer and/or
- architect, etc.
- All easements
- Dimensioned locations of:
access, both pedestrian and vehicular, showing
service areas and points of ingress and egress
off-street parking and loading areas showing
location, number and typical dimensionn of
spaces, and wheel stops.
3
. .
- distances between buildings and/or structures
- building setbacks (front, rear and sides)
- location, height, and materials of walls and fences
- location of freestanding signs
- all driveways to scale on adjacent and across the
street properties for a distance of 100 feet beyond
the limits of subject site.
- existing curbs, gutters, sidewalks and existing
paving widths within 100 feet on adjacent and across
the street properties.
- typical street section
- any existing median islands within 100 feet of
subject site.
- nearest cross streets on both sides with plus or
minus distances from subject site.
- location of all buildings within 100 feet of subject
properties.
- a vicinity map showing major cross streets
- a summary table indicating the following
information:
- site acreage
- existing zone and land use
- proposed land use
- total building coverage
- building sq. footage
- percent landscaping
- number of parking spaces
- sq. footage of open/recreational
space (if applicable)
- cubic footage of storage space
(if applicable)
ADDITIONAL DATA REQUIRED: UNLESS A TENTATIVE MAP IS
SUBMITTED ALL DATA REQUIRED FOR A TENTATIVE MAP SHALL
BE SUBMITTED ON THE SITE PLAN.
C. Preliminary Landscape Plan (24" x 36")
shall include the following information:
1. Landscape zones per the City of Carlsbad
Landscape Guidelines Manual
2. Typical plant species and their sizes for each
planting zone
3. An estimate of the yearly amount of irrigation
(supplemental) water required to maintain each zone.
4. Landscape maintenance responsibility (private or
common) for all areas.
5. Percent of site used for landscaping
D. Building Elevations and Floor Plans* (24"x36")
- floor plans with square footages included
- location and size of storage areas
- all buildings, structures, walls and/or fences,
signs and exterior lights.
NOTE: ALL EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED
8 1/2" x 11".
a 0
CASE 1X.: 8'- /CJ'-2 7/ DATE REIVED: /a, / L
2
EXEMPT OR EXCEPD:_________________________
Posted: Prior Compliance: '7-5 -&'-[ Published:______
Filed: Filed:
NECkTIVE DEIARATICt:___________________________
Posted: Published: Notice of Determination:_______
FVI1ETAL IMPACT REPO1r:______________________
Notice of Notice of Notice of
Preparation: Catletion: Determination:_________
1. Date of Hearing: -
2. Publication: _9-15- g /
3. Notice to Property Owners: 9-i 4I
4. Resolution No. o1913,53
(Continued to:
5.Appeal:
CITY a.JNCIL
1. Date of Hearing: ,(J/
2. Notices to City Clerk:__________________
3. Agenda Bill:_____________________________
4. Resolution No. ..........Date
5. Ordinance No...................Date:
CDPJWZPCNDENCE
Staff Report to Applicant:
Resolution to AAAA
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