HomeMy WebLinkAboutCT 84-27; BANKO CONDOMINIUMS; Tentative Map (CT): LAND Us iiiGAPL!CATIDN•
DISCRETIONARY ACTIONS
REQUEST
O Zone Change OSpecif Ic Plan
tJ General Plan Amendment DSite Development Plan
'Tentative Tract Map DConditional Use Permit o Major Planned Unit Development Ovariance
O Master Plan C:JPlanning Commission Determination
O Major Redevelopment Permit DSpecial Use Permit
D Minor Redevelopment Permit []Structure Relocation o Precise Development Plan TMajor Condominium Permit
(check other boxes if appropriate)
ailete Description of Project (attach additional sheets it necessary)
A 12 VOfJIT Cci4[7OVtIkIIUM PROJECT COWStSr/146 0 TOPS
MULTI - u t4 ii PWELLt lJ& PLUS SITE
AMLTtE I_______________
L• -*,
1-bT Z oF LA Colts VNIJ-LEVY UI1 5T MAP &7O
Assessors Parcel Number
2iS-24O11
Zone General Plan Existing Land Use
t*4 r
Proposed Zone Proposed General Plan e Acreage
O, t;ci 4CgtS
Name (Print or Type) Name (Print or Type)
pJAgv . BAthZ) DWAZO J AI\Q
Mailing Address Mailing Address
4o 4- Li) NU\ 1-AFA D i vt
____
Ao 4- /-6 MA LJW& 1 ''E
City and State Zip Teehojie City and State Zip Telephone
'12b7 SOLM\1i ?4t'Q4,.CPt
I CERTIFY THAT I AM THE LEGAL CQNER AND I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE
THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT 'TO THE BEST OF MY KNOWLEDGE. ,AND CORRECT ¶10 THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE SIGNATURE V DATE
&/Z/ / g4l Ej
Dat&Aui.catiO1RéC'd ceived By V V ce t V NO.
V jV
V
I. SPECIFIC REQUIREMENTS
General Plan Amendment/Zone Change
1. 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 Amendment $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.
2
• . . I .
flhII
Preliminary Report
Fidelity National Title Insurance Company
A Stock Company
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, FIDELITY
NATIONAL TITLE INSURANCE 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 hereinafter set forth, insuring against loss which may be sustained by
reason of any defect, lien or encumbrance not shown or referred to as an Exception herein 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
Exhibit A attached. Copies of the Policy forms should be read. They are available from the office
that issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a Policy or Policies 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 Commitment should be requested.
FIDELITY NATIONAL TITLE INSURANCE COMPANY
-'
(SEAL1 President
Attest
Secretary
Countersigned: Authorized4 4ture
Form 1-91
Preliminary Report
Cover
ri
...
FIDELITY NATIONAL TITLE INSURANCE COMPANY
2815 Camino Del Rio South, #250 Phone(619) 295-7332
San Diego, California 92108 North County 748-4110
P. 0. Box 85589, S.D., CA 92138 727-1852 & 753-6321
PRELIMINARY TITLE REPORT
To:
SHEARSON/ANERICAN EXPRESS ESCROW Your No. 2081
505 Lomas Santa Fe Drive Our Number 842107-A
Solana Beach, California Date: March 6, 1984
Attention: Billie
Dated as of March 1, 1984 at 7:30 A. M.
- MATT HLBERT
Title Officer lkw-80
The form of Policy or Policies of title insurance contemplated by this
report is:
CLTA Owners/JP/Loan Policy
ALTA Loan Policy
The estate or interest in the land hereinafter described or referred to
covered by this Report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
F & F PROPERTIES, a limited partnership -
NOTE: It is our understanding that title to said estate or interest in
said policy is to be vested in:
EDWARD J. BANKO -
The land referred to in this report is described as follows:
Lot 239 of LA COSTA VALLEY UNIT NO. 5, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 5730, filed in the
Office of the County Recorder of San Diego County, September 8, 1970.
At the date hereof exceptions to coverage in addition to the printed
exceptions and exclusions contained, in said policy form would be as shown in
Page 2, et. seq. attached hereto.
I
. PRELIMINARY TITLE REPORT CONTINUED:
PAGE NO; 2.
ORDER NO. 842107-A
1. General and special taxes, a lien not yet payable, for the fiscal year
1984-85.
'p(
' General and special taxes, the first installment now delinquent, the
cond installment now due, for the fiscal year 1983-84.
3. Delinquent general and special taxes for the fiscal year 1981-82, and
Q e9Y7) sequent delinquencies. An estimate has been ordered to determine the
amount necessary to redeem.
((4. The lien of supplemental taxes, if any, assessed pursuant to the (7 provisions of Chapter 498, Stats. 1983 of the State of California.
5. Covenants, conditions and restrictions, but deleting restrictions, if
any, based upon, race, color, religion or national origin as contained in
instrument recorded September-8, 1970 as File No. 162849 of Official Records.
Said instrument provides that a violation thereof shall not defeat
nor render invalid the lien of any mortgage or deed of trust made in
good faith and for value.
An instrument declaring a modification thereof, recorded September 11,
1970 as File No. 164949 of Official Records.
An instrument declaring a modification thereof, recorded October 27, 1970
as File No. 196322 of Official Records.
6. An abstract of judgment issued out of Superior Court, San Diego Judicial
(
~D trict, San Diego County, in Case No. 420647, against THOMAS FERRAN, in
favor of FRANK C. NEWELL, JR., in the amount of $29,361.60, and any other
amounts due, recorded September 2, 1982 as File No. 82-273449 of Official
Records.
Said judgment affects the prior interest of Thomas Ferran, general
partner.
NOTE: Opinion to come.
1983-84 TAX INFORMATION:
Code Area: 9058
Parcel No. 215-240-11
1st Installment: $342.65 DELINQUENT, Penalty $34.26
2nd Installment: $342.65 OPEN
Based on Land: $58,049.00
16
. S
EXHIBIT A
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY-1973
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of
the following:
Part I
1. Taxes or assessments which are not shown as existing
liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which are not shown
by the public records but which could be ascertained by an
inspection of the land or by making inquiry of persons in
possession thereof.
3. Easements, liens or encumbrances, or claims thereof,
which are not shown by the public records.
4. Discrepancies, conflicts in boundry lines, shortage in area,
encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public
records.
5. (a) Unpatented mining claims; (b) reservations or except-
ions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water.
6. Any right, title, interest, estate or easement inland beyond
the lines of the area specifically described or referred to in
Schedule A, or in abutting streets, roads, avenues, alleys,
lanes, ways or waterways, but nothing in this paragraph shall
modify or limit the extent to which the ordinary right of an
abutting owner for access to a physically open street or
highway is insured by this policy.
7. Any law, ordinance or governmental regulation (including
but not limited to building and zoning ordinances) restricting or
regulating or prohibiting the occupancy, use or enjoyment of
the land, or regulating the character, dimensions or location of
any improvement now or hereafter erected on the land, or
prohibiting a separation in ownership or a reduction in the
dimensions or area of the land, or the effect of any violation of
any such law, ordinance or governmental regulation.
8. Rights of eminent domain or governmental rights of police
power unless notice of the exercise of such rights appears in
the public records.
9. Defects, liens, encumbrances, adverse claims, or other
matters (a) created, suffered, assumed or agreed to by the
insured claimant; (b) not shown by the public records and not
otherwise excluded from coverage but known to the insured
claimant either at Date of Policy or at the date such claimant
acquired an estate or interest insured bythis policy or acquired
the insured mortgage and not disclosed in writing by the
insured claimant to the Company prior to the date such insured
claimant became an insured hereunder; (c) resulting in no loss
or damage to the insured claimant; (d) attaching or created
subsequent to Date of Policy; or (e) resulting in loss or damage
which would not have been sustained if the insured claimant
had been a purchaser or encumbrancer for value without
knowledge. -
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1 970
WITH A.L.T.A. ENDORSEMENT FORM I COVERAGE
(AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the
character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a
separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of
any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights
appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by
the insured claimant; (b) not known to the Company and not shown by the public records but known to the
insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by
this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the
Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or
damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent
insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded
herein as to assessments for street improvements under construction or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date ofPolicy or of any
subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which
the land is situated. 11
QUALITY
ORIGINAL (S)
CITY OF CAFLBAD
120M AVENUE • CARLSBAD,CAL0M2008
438-5551
RECEIVED FROM ,/fX DATE
A nr4PR
A/C. NO. DESCRIPTION AMOUNT
IOU _c) -
41140 TOTAL g- -
CITY CARLSBAD
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
438-5551
RECEIVED FROM5\<( DATE___________
ADDRESS
- A/c. NO. DESCRIPTION AMOUNT
fl\C \
•C) k-EE6 I A 1 -
(
c_•- ___ -
'C-' '--
IF
40394 TOTAL
3
I .
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 239 of LA COSTA VALLEY UNIT NO. 5, according to Map thereof No. 6730,
filed in the Office of the County Recorder of San Diego County, California,
September 8, 1970.
MA
. I
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
Malor 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, 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;
9
I .
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
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)
Condominium
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
0
(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.
. .
- 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".
E. One (1) copy each of 8 1/2"xll" site plan and elevations.
F. One (1) copy of 8 1/2 11 x11" 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.
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 of incorporation 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.
7]
I
1
\-
---- -- .. 0-
l/Affe.g0k%/,
RECFIVJ
FEB29 1984
:: MSSUST*D v
—'
a* limits 41111modmim am" ve
r
F I F Properties e=6839 Waite Drive
San Diego California
II OAItI fr
r
1 Sans U above
sacm ansva mis uns ,eo nsc::nn use
na -
ON MI V1WM • SIONY SIilSIL
asmowwmm an isa anulI* is — is IMI
*I*7SAM72
i 1
-ii
I
J
WWWOMM Am
I Grant Deed
-,Tf -0790 .
* A VAWAILL CCI DWTIOII, .si1* .1 vM I bw&y e4a....L4.
FREDERICK OHANNESIAN, a married man; FRANK SORCE and MAUL 5OkC,
husband and wife; ADELAIDE CIRRICIONE, a widow
biáy GRANT(S) is
F 4 F PROPERTIES, a limited partnership
she f.IIsMg k..dhmA ,s.I ,..,.,i I. she
C.isy.t San Diego •uiiiIC.Wi.ulis
Lot 239 of La Costa Valley Unit No. 5,
in tte County of San Diego, State of
California according to Nap thereof
No. $73, hied in the office of the
County Recorder of San Diego County,
Septanber 8, 1970.
fliied 1972
::Ilncin
Of flj(
:ourrr or ThiP.._ -
________ _______ brf.te e. tlw aeM
.i1n.t a
Nwwy Public I. 4" f ..ld 84.. p.r.o.aIIy appcieed
- )'rank sprasA Sorge. L..
:
h. be the P"—* .L,,k.w -
1
ake,lIed a the within
.fuUM apS acka.wrip.I that— _rl the
WIThE 43 my bend and .&laI ..st.
Charlotte Kelly
- Name Tppd or Printed)
z 00
cJT
OD
.fl,I. ..,. f. •a.1I ..e.n.I *if
1z
254,VkV 21V7&J er9q1
,4
77k /
of / ,':e J~CP& rnk-,AP
DECLARATION OF RESTRICTIONS
This DECLARATION OF RESTRICTIONS made as of this first day of August, 1985, by
BANgO, PETERS AND ASSOCIATES, a California Limited Partnership, comprised of:
EDWARD J. EANKO, JR., Trustee, Under Trust dated May 22, 1978, and RALPH L.PETERS,
the Geheral Partners; and
DONALD A. ASHFORTH and PATRICIA A. ASHFORTH, husband and wife, as joint tenants,
NICHOLAS P. BARTOLINI, and MICHAEL D. MONTGOMERY, the Limited Partners. The persons
listed hereinabove comprise a complete listing of the General Partners and the Limited Partners
in:
BANKO, PETERS, AND ASSOCIATES, a California Limited Partnership,
and as such are hereinafter called "Declarant".
WITNESSETH
W H E R E A 5, Declarant is the owner of all the certain real property situated in
the County of San Diego, State of California, more particularly described as:
Lot 239 OF LA COSTA VALLEY UNIT NO. 5, according to Map
thereof No. 6730, filed in the Office of the County
Recorder of San Diego County, California, September 8, 1970
W H E R E A 5, Declarant will hereafter file in the Office of the County Recorder of
San Diego County, California, a Condominium Plan covering said real property; and
W H E R E A S, Declarant is about to sell and convey fee simple and fractional tenant-in-
common interests in said real property and before selling or conveying an of such interests
desires to subject said real property in accordance with a common plan to certain COVENANTS,
CONDITIONS, and RESTRICTIONS for the benefit and protection of Declarant and any and all
future owners of said real property.
N 0 W, T H E R E F 0 R E, Declarant hereby certifies and declares and does hereby
establish the following general plan for the protection and benefit of all of said real property
and does hereby fix the following protective COVENANTS, CONDITIONS, and RESTRICTIONS
upon each and every ownership interest in said real property under
Page 1
which said COVENANTS, CONDITIONS, and RESTRICTIONS each ownership interest in said real
property shall be hereafter held, used, occupied, leased, sold, encumbered, conveyed, and/or
transferred. Each and all of said COVENANTS, CONDITIONS and RESTRICTIONS shall inure to
the benefit of all said real property and all parties having or acquiring any right, title, or
interest therein or any part thereof, and shall inure to the benefit of and be binding upon
Declarant and each successor in title or interest of Declarant.
(1)DEFINITIONS. The terms used herein shall have the following meanings:
(a)"Declarant" shall mean and refer to BAN}CO, PETERS, AND ASSOCIATES, a
California Limited Partnership, comprised of EDWARD J. BANKO, JR.,Trustee
Under Trust dated May 22, 1978, and RALPH L. PETERS, the General Partners;
and DONALD A. ASHFORTH AND PATRICIA A. ASHFORTH, husband and wife, as
joint tenants, NICHOLAS P. EARTOLINI, and MICHAEL D. MONTGOMERY, the
Limited Partners.
(b)" Condominium Property" shall mean and refer to that certain real property
located in the County of San Diego, State of California, more particularly described
on the first page hereof. "Condominium Property" shall also mean "Project" as
that term may be used herein.
(c)"Owner" shall mean and refer to the record owner, whether one (1) or more
persons or entities, of fee simple title to any Condominium, including contract
sellers and contract vendee under a contract of sale, but excluding those having
such interest merely as security for performance of an obligation.
(d)" 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.
(e)" Condominium" shall mean and refer to a fee simple estate in the Condominium
Property or portions thereof as defined in California Civil Code, Section 783,
and shall consist of a separate interest in a Living Unit and an undivided fractional
interest as tenant-in-common in the Common Area.
Page 2
(f)"Living Units shall mean and refer to that portion of the Condominium Property
shown and designated as such on the surfaces of the floors and of the ceilings,
windows and doors thereoft and includes both the portions of the building so
described and the airspace so encompassed; provided, however, that the following
are not part of any Living Unit; bearing walls, columns, floors, roofs, foundations,
central heating and other central services, pipes, ducts, flues, chutes, conduits,
wires and other utility installations, wherever located, except outlets thereof
when located within a Living Unit. The physical boundaries of a Living Unit as
constructed or any Living Unit reconstructed in substantial accordance with the
original plans thereofr shall be conclusively presumed to be the boundaries rather
than any metes and bounds description expressed in any deed or plan, regardless
of settling or lateral movement of the building and regardless of any minor
variance between boundaries shown in any deed or plan and those of the building.
(g)'Common Area shall mean and refer to all portions of the Condominium Property
not located within a Living Unit.
(h)"Exclusive Use Area" shall mean and refer to those portions of the Common
Area designated as such on the Condominium Plan and shall consist of: Storage
Areas, Garage Areas, Balconies, and Patio Areas.
(i)11 Mortqaae shall mean and refer to a deed of trust as well as a mortgage.
(j)'Mortaagee" shall mean and refer to a beneficiary under or holder of a deed
of trust as well as a mortgagee.
(R)" Association" shall mean and refer to the management body of the Condpminium
Property and shall be known as:
LA COSTA MAR VILLAS CONDOMINIUM ASSOCIATION
(l)By-Laws" shall mean and refer to the Association's By-Laws.
Page 3
OUSE OF LIVING UNITS AND COMMON AREA.
(a) Each Living Unit shall be improved, used, and occupied for private, single
family dwelling purposes only, and no business or commercial activity shall be
conducted therein without the prior written consent of the Association; provided,
however, Declarant may use any of the Living Units owned by Declarant as model
homes and sales offices during that period of time commencing when the Living
Units are first sold or offered for sale to the public and ending when all the
Living Units in the project are sold and conveyed by Declarant to separate owners
thereof or three (3) years after issuance by the Department of Real Estate of
its final Subdivision Public Report on the Condominium Property, whichever occurs
first.
(b) No portion of the Condominium Property shall be occupied or used for any
purpose or in any manner which shall:
(i) cause either to be uninsurable against loss by fire or the perils insured against by
an extended coverage endorsement to the California Standard Fire Policy form, or
(ii) cause any policy or policies representing such insurance to be cancelled or suspended
or the company issuing the same to refuse renewal thereof.
(C) No animals shall be brought within the Condominium Property, except as may
be permitted by rules established by the Association. The Association shall allow
not more than one (1) dog or one (1) domesticated cat to be kept in each Living
Unit if the same is a usual and ordinary household pet and if the same does
not cause unreasonable annoyance to other occupants of Living Units. No pets
shall be allowed in the Common Area, except as may be permitted by the
Association.
(d) No Living Unit shall be used in such manner as to obstruct or interfere with
the enjoyment of occupants or other Living Units or annoy them by unreasonable
noise or otherwise, nor shall any nuisance be committed or permitted to occur
in any part
Page 4
of the Condominium Property.
(e) No signs other than one (I) sign not to exceed reasonable and customary
dimensions, advertising a Condominium for sale or rent, shall be erected or
displayed in any Living Unit. No signs shall be erected or displayed on the Common
Area, except signs placed by authority of the Association.
(f) There shall be no outside radio or television antennas constucted, installed
or maintained on the Condominium Property for any purpose whatsoever, without
the prior written consent of the Association.
(g) No noxious activity shall be carried on anywhere, at any time, in any way
in the Condominium Property (including any Living Unit), nor shall anything be
done therein which is a definite and distinct annoyance or nuisance to the other
Owners. Nothing shall be done therein or thereon which will impair the structural
integrity of any building, or which would structurally change any building located
on the Condominium Property. Nothing shall be altered or constructed in or removed
from the Common Area, except upon the written consent of the Association. All
equipment, garbage cans, wood piles, or storage piles shall be kept screened and
concealed from view of neighboring Living Units, streets, and Common Areas.
All rubbish, trash, or garbage shall be regularly removed from each Condominium
Property. No fences, hedges, or walls shall be erected or maintained upon the
Condominium Property, except such as are installed in accordance with the initial
construction of the buildings located on the Condominium Property, or as provided
by the Association. No exterior clothes lines shall be erected or maintained;
no clothes, sheets, towels, etc., shall be placed for any reason on outside balcony
railings; and there shall be no outside laundering of clothes anywhere on the
Common Area.
(h) No power equipment, hobby shops, or carpenter shops shall be maintained
in said Condominium Property, except with the prior written approval of the
Association. No automobile overhaul
Page 5
or maintenance work, other than emergency work, shall be permitted on said
Condominium Property.
(i) No truck, camper, trailer, boat of any kind, or other single or multipurpose
engine-powered vehicle shall be parked on the Condominium Property, except
temporarily and solely for the purpose of loading and unloading. This restriction
- - does not apply to Owners' passenger automobiles. Assigned ground floor garage
spaces shall normally be used for normal compact or full-size passenger
automobiles or compact pick-up trucks. Use of these spaces for other than the
aforementioned vehicles, or for boats, etc., shall be permitted only with the
written consent of the Association.
(j)The Common Area shall be improved and used only for the following purposes:
(1) Affording vehicular passage to the parking areas and pedestrian movement within said
Condominium Property, including access to Living Units;
(ii) Recreational use by the Owners and occupants of Living Units and their guests in
the Condominium Property, subject to rules established by the Association;
(iii) Beautification and provision of privacy for the residents of the Condominium Property
through landscaping and such other means as the Association shall deem appropriate;
(iv) Storage of personal property in areas provided therefor, if any, as may be designated
and approved by the Association;
(v) As Exclusive Use Areas to be used in the manner hereinafter described. Nothing herein
stated shall be deemed to allow persons other than the Owner, or his licensee, of an Exclusive
Use Area to enjoy use of the same.
(k) No part of the Common area shall be obstructed so as to interfere with its
use for the purposes hereinabove permitted,
Page 6
nor shall any part of the Common Area be used for storage purposes (except
as may be allowed hereinafter, or as incidental to one of such permitted uses,
or for storage of maintenance equipment used exclusively to maintain the Common
area).
(1) Each Exclusive Use Area shall be appurtenant to a Condominium. The right
- - to use an Exclusive Use Area shall be exercisable only by the Owner(s) of the
Condominium appurtenant thereto and/or said Owner's 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 revokable 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
paragraph or the paragraph herein entitled"RESPONSIBILITIES OF OWNERS".
(in) Except as otherwise provided herein, no owner shall make any alteration or
improvement to the Common Area (including Exclusive Use Areas), or remove any
planting, structure, furnishing, or other improvement therefrom, except with the
written consent of the Association.
(n) Each Owner shall legally be liable to the Association as such liability may
be determined pursuant to the laws of the State of California, for all damages
to the Common area or to any improvements thereof or thereto (including but
not limited to buildings, recreation facilities, and landscaping) caused by such
Owner, any occupant of such Owner's Living Unit, or any guest of such Owner.
(o) Each Owner shall have the right, at his sole cost and expense, to mintain,
repair, paint, panel, plaster, tile and finish the interior surfaces of the ceilings,
floors,
Page 7
window frames, door frames, trim and perimeter walls of his Living Unit and
the surfaces of the bearing walls and partitions located within said Living Unit.
Each Owner shall have the right, at his expense, to substitute new finished
surfaces in place of those existing on said ceiling, floors, and walls.
(p) Each Owner shall have the right to place furniture and potted plants upon
any area which he has the exclusive right to use, subject to approval by the
Association. Nothing contained herein shall give any Owner the right to paint,
decorate, remodel, or alter said Exclusive Use Area or any other part of the
Common Area without the prior written consent of the Association.
(q) No Owner may sell, assign, lease, or convey his interest in the Common Area
separate and apart from his Living Unit nor any portion of his Living Unit apart
from the entire Living Unit.
(r) Each Owner shall have the right to lease his Condominium 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 By-Laws of the Association, and the
rules and regulations thereof; and, provided further, that no such lease shall
be for transient or hotel purposes. All such leases shall be subject to the prior
review and written approval of the Association before such tenant shall be
permitted to move into the Condominium.
(3) OWNERS - GENERAL. The Association shall consist of all the Owners of Condominiums
in the Condominium Property. The Association shall constitute a California Non-Profit Mutual
Benefit Corporation and be the "management body as that term is used in California Civil
Code, Section 1355(a), as the same may from time to time be amended. The Association shall
possess and be vested with the rights, powers, and duties set forth in the By-Laws.
(4)POWERS AS MANAGEMENT BODY. The Association has and shall have the powers set
forth in the By-Laws, including but not limited to the power to sell, at such price and terms
as the
Page 8
Association may determine, the entire Condominium Property to the benefit of
all the Owners and Mortgagees thereof as their interests shall appear. Said power
to sell shall be exercisable only:
(1) When partition of the Condominium Property may be had under California Civil Code,
Section 1354, and
(ii) After recordation of a certification by those holding such power that said power is
properly exercisable.
(5)OWNERS - ASSESSMENTS.
(a) The Association has and shall have the right and power to fix and determine
from time to time regular assessments to be paid by each Owner for the purpose
of operating, maintaining, and repairing the Common Area, paying the necessary
expenditures of the Association and establishing an operating reserve fund and
reserve for replacement. The regular assessment amount (which may be payable
in monthly installments) shall be determined at least annually and shall be advised
to the Owners not less than sixty (60) days before the beginning of the fiscal
year. The Association shall not, without the vote or written consent of a majority
of the voting power of the Association other than the Declarant, impose a regular
annual assessment which is twenty per cent (20%) or more greater than the regular
assessment in force for the immediately preceding fiscal year. The Association's
first fiscal year shall begin upon the commencement of the first regular
assessment. Such regular assessments shall be assessed against each Owner's
interest in the Condominium Property and shall be in proportion to each Owner's
fractional undivided interest in the Common Area.
(b) In addition to the regular assessments authorized above, the Association may
levy special assessments against each Owner's interest in the Condominium
Property for the purpose of defraying, in whole or in part, the cost of any capital
improvement to the Common Area or such other purpose as may be determined
by the Association; provided, however, no such special assessment may
Page 9
be made which exceeds in the aggregate during any fiscal year five per cent
(5%) of the annually budgetted gross expenses of the Association for that fiscal
year, unless the vote or written consent of a majority of the voting power of
the Association, other than the Declarant, is first obtained. Such special
assessments shall be assessed each Owner and upon the basis of the ratio of
the square footage of the floor area of the Living Unit of each Owner to the
total square footage of the floor area of all the Living Units, unless the special
assessment is imposed against an Owner as a remedy utilized by the Association
to reimburse the Association for its costs incurred in causing the Owner and/
or his Condominium to comply with the requirements of this Declaration, the By-
Laws, or the rules and regulations promulgated by the Association. The
Association shall have the right to levy special assessments against Owners for
said purposes, and any such special assessments used as a remedy by the
Association shall not be limited in amount. The Association shall further cause
to be distributed personally or by mail to each member of the Association within
one hundred twenty (120) days following the end of each fiscal year an annual
report which shall consist of the following:
i) A balance sheet as of the end of the fiscal year;
(ii) An operating (income) statement for the fiscal year;
(iii) A statement of change in financial position for the fiscal year; and
(iv) Any information required to be reported under Section 8322 of the California
Corporations Code.
(C) Declarant shall be liable to pay all assessments levied by the Association
on unsold interests in the Condominium Property in the same amount and in the
same manner as any other Owner.
(d) The regular assessment shall commence against all the Condominiums on the
first day of the next calendar month following the closing of the first sale of
a Living Unit.
Page 10
(6)LIEN OF ASSESSMENT.
(a) In the event any regular or special assessment levied by the Association
shall be unpaid and not otherwise satisfied within thirty (30) days after the
same becomes due and payable, the same shall be and become delinquent and
shall remain delinquent until the amount of such payment, together with all costs,
- - including attorney's fees, penalties, and interest as herein provided, shall be
fully paid or otherwise satisfied. However, no such penalties and interest may
be imposed by the Association unless done so for the reasons and consistent
with the procedures set forth in California Corporations Code, Section 7341, and
in accordance with the procedure specified in Article 16 of this Declaration.
(b) At any time after any assessment affecting any Condominium has become
delinquent, the Association may file for recording in the Office of the Recorder,
San Diego County, a notice of delinquency as to such Condominium, which notice
shall state all amounts which have become delinquent with respect to such
Condominium and the costs, including attorney's fees, penalties, and interest which
have accrued thereon, the amount of any assessments relating to such Condominium
which is due and payable although not delinquent, a description of the Condominium
in respect to which the delinquent payment or assessment is owed and the name
of the record or reputed record Owner of such Condominium. Such notice shall
be signed by the President or Vice President and the Secretary of the Association.
In the event the delinquent payment or assessment and all other assessments
which have become due and payable with respect to the same Condominium, together
with all costs, including attorney's fees, penalties, 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 Subsection (c)
of this Section, the Association shall record a further notice, similarly signed,
stating the satisfaction and releasing such lien.
(c) Immediately upon recording of any notice of delinquency
Page ii
pursuant to the foregoing provisions of this Section, the amount delinquent, as
well as any amounts then due and payable although not delinquent, as set forth
in such notice, together with the costs, including attorney's fees, penalties, and
interest accruing thereon, shall be and become a lien upon the Condominium
described therein, which lien shall also 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, penalties, and
interest accruing thereon. Said lien shall continue until all amounts secured
thereby are fully paid or otherwise satisfied. Said lien shall be subordinate to
the lien or charge of any bona fide first mortgage or first deed of trust made
in good faith for value encumbering said Condominium, pursuant to the paragraph
herein entitled "RIGHTS OF LENDERS".
(d) Each lien established pursuant to the foregoing provisions of this Section
may be foreclosed as and in the same manner as the foreclosure of a mortgage
upon real property under the laws of the State of California, including enforcement
by sale pursuant to Section 1356, subject to the limitation contained in Section
2924 of the California Civil Code, and to that end a power of sale is hereby
conferred upon the Association. The Association shall have the power to make
bids at the foreclosure sale to hold, lease, encumber, and convey a Condominium
in its name as trustee for all the Owners.
(e) Interest shall accrue at the rate of ten per cent (10%) per annum on all unpaid
assessments due hereunder from the date of delinquency thereof.
(f) The Association may bring an action at law against the Owner personally
obligated to pay assessments in addition to costs in lieu of foreclosing said
lien. No Owner may waive or otherwise escape liability for the assessments
provided for herein by non-use of the Common Area or the abandonment of his
Living Unit.
(g) No transfer of a Condominium as the result of a foreclosure or exercise of
a power of sale shall relieve the new Owner, whether it be the former beneficiary
of the first encumbrant
Page 12
or another person from liability for any assessment thereafter becoming due or
from the lien thereof.
(h) Upon acquisition of record title to a Condominium from Declarant, and if the
escrow instructions so provide, each Owner shall contribute to the capital of
the Association an amount equal to one-sixth (1/6th) the amount of the then
annual assessment for that Condominium as determined by the Board. This amount
shall be deposited by the Buyer into the purchase and sales escrow and disbursed
therefrom to the Association. Within sixty (60) days after the close of the first
sales escrow of a Condominium by Declarant, as seller, Declarant shall deposit
into an escrow an amount equal to one-sixth (1/6th) of the then annual assessment
for any and all Condominiums not yet sold. Escrow shall remit these 'funds to
the Association. Upon the close of any escrow of any Condominium for which
the capital contribution was prepaid by Declarant, escrow shall remit to the
Declarant the capital contribution collection from the Owner.
(7) MEETING OF OWNERS. All meetings of Owners as members of the Association shall
be held as set forth in the By-Laws.
(8)PARTITION PROHIBITED. Each of the Owners in the Condominium Property, whether
such ownership is in fee simple or as tenants-in-common, is hereby prohibited from partitioning
or in any other way severing or separating such ownership from any of the other ownerships
in said Condominium Property, except upon showing that:
U) Three (3) years after damage or destruction to the project which renders a
material part thereof unfit for its use prior thereto, the project has not been
rebuilt or repaired substantially to its state prior to its damage or destruction,
or
(ii) That three-fourths (3/4ths) or more of the project has been destroyed or
substantially damaged, and the Owners holding in aggregate more than a fifty
per cent (50%) interest in the Common Area are opposed to repair or restoration
of the project; provided, however, that if any Condominium shall be owned by
two (2) or more co-tenants as 'tenants-in-common or joint 'tenants, nothing herein
shall be deemed to prevent a judicial partition as between such co-tenants.
(9) POWER OF ATTORNEY. The Association is hereby granted an irrevocable power of
attorney to sell the Condominium Property
Page 13
for the benefit of all the Owners thereof when partition of the Owner's interests
in said Condominium Property may be had pursuant to Section 8 hereof. The power
of attorney herein granted may be exercised upon the vote or written assent
of Owners holding in the aggregate at least two-thirds (2/3) of the interest
in the Common area by any two (2) members of the Association who are hereby
authorized to record a certificate of exercise in the Office of the County Recorder,
San Diego County, which certificate shall be conclusive evidence thereof in favor
of any person relying thereon in good faith.
(10)DAMAGE AND DESTRUCTION OF COMMON AREA. If any portion of the Common Area
is damaged or destroyed by fire or other casualty, then:
(a) If the cost of repairing or rebuilding does not exceed the amount of available
insurance proceeds by more than $2,000, the President of the Association shall
thereupon contract to repair or rebuild the damaged portions of the Common Area
substantially in accordance with the original plans and specifications therefor;
(b) If the cost of repairing or rebuilding exceeds the amount of available insurance
proceeds by more than $2,000 and if the Owners holding in aggregate more than
fifty per cent (50%) interest in the Common Area agree to the repair or restoration
of the project, then the President shall contract as provided in Subsection (a),
above. If the Owners do not so agree, then all insurance proceeds shall be paid
to the Owners to be held for the benefit of the Owners and their Mortgagees
as their respective interests shall appear and in accordance with Article 29(i)
herein.
(c) If a bid to repair or rebuild is accepted, the Association shall levy a special
assessment upon each Owner and upon the basis of the ratio of the square footage
of the floor area of the Living Unit of each Owner to the total square footage
of the floor area of all the Living Units to make up any deficiency between the
total insurance proceeds and the contract price for such repair and rebuilding,
and such assessment and all insurance proceeds whether or not subject to liens
or Mortgagees, shall be
Page 14
used for such rebuilding.
(II) CONDEMNATION. In the event the Common Area or any portion thereof shall be taken
for public purposes by condemnation as a result of any action or proceeding in eminent domain,
or shall be transferred in lieu of condemnation to any authority entitled to exercise the power
of eminent domain, then any award or consideration for such taking or transfer which is not
apportioned among the Owners by court judgment or by agreeement between the condemning
authority and each of the affected Owners of the Condominium Property, shall be distributed
among the affected Owners and their respective Mortgagees according to the relative value
of the Condominium Units affected by the condemnation as determined by an independent
appraisal; provided, however, should the taking result in any physical damage to any of the
Common Area improvements, then the award or consideration for such taking shall be the fair
market value of any such Common Area improvements as determined by an independent appraisal.
(12) DAMAGE AND DESTRUCTION OF LIVING UNITS. In the event of damage or destruction
to any Living Unit and not the Common Area, the Owner thereof shall reconstruct the same
as soon as reasonably practicable and substantially in accord with the original plans and
specifications therefor; provided, however, that any such Owner may, with the written consent
of the Association, reconstruct or repair his Living Unit pursuant to new or changed plans
or specifications. In the event the Association fails to approve or disapprove such changed
plans and specifications within sixty (60) days of receipt thereof, they shall be deemed to
have been approved.
(13) RIGHTS OF LENDERS.
(a) Any Owner may voluntarily or involuntarily encumber his interest in the
Condominium Property with or by a real property mortgage, deed of trust, or other
instrument of hypothecation.
Page 15
(b) The lien of the assessments, interest, penalties, costs, and attorney's fees
provided for herein shall be subordinate 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
Judicial or non-judicial foreclosure of a first Mortgage shall extinguish the lien
of such assessments as to payments which become due prior to such sale or
transfer. No sale or transfer shall relieve such Condominium from lien rights
for any assessments thereafter becoming due. Where the Mortgagee of a first
Mortgage of record or other purchaser of a Condominium obtains title to the
same as a result of foreclosure, such acquirer of title, his successors and assigns,
shall not be liable for the share of the common expenses or assessments by
the Association chargeable to such Condominium which became due prior to the
acquisition of title to such 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 successor
and assigns.
(C) Provided that the Mortgagee informs the Association in writing its appropriate
address and requests in writing to be notified, neither the Association nor any
Owner shall do any of the following unless at least sixty-seven per cent (67%)
of the first Mortgagees of Mortgages encumbering Condominiums (based upon one
(1) vote for each Mortgage) have given their prior written approval:
U) Seek, by act or omission, to abandon the Condominium Project or to terminate the
Condominium Plan or this Declaration, or changer waive, or abandon any scheme or regulation
or enforcement thereof, pertaining to the architectural design or the exterior appearance or
maintenance of Living Units or the Common Area;
(ii) Change the pro rata interest of obligations of any Condominium for purposes of levying
assessments or allocating distributions of hazard insurance proceeds or condemnation awards
or for determining pro rata
Page 16
share of the Common Area appurtenant to each Living Unit;
(iii) Partition or subdivide any Condominium;
(iv) Seek, by act or omission, to abandon, partition, subdivide, encumber, sell, or transfer
the Common Area; provided, however, that the granting of easements for public utility or other
public purposes consistent with the uses of the Common Area shall not be deemed a transfer
within the meaning of this provision; or
(v) Use hazard insurance proceeds for losses to any portion of the Condominium Property
for other than the repair, replacement, or reconstruction of the Condominium Property, except
as may be provided by statute or upon substantial loss to the Living Units or Common Area,
respectively.
(d) The term eligible Mortgagee shall be defined to mean those first Mortgagees
who requested such information in writing with respect to the approval of the
items above in paragraphs (&(1) and (c)(2).
(e) In the event there shall be any express or implied conflict between any
provision of this Section and any other provision of this Declaration, the
provisions of this Section shall govern and prevail.
(14) ACCOUNTING. The Association shall maintain books of
Page 17
account of all its receipts and expenditures as set forth in the By—Laws.
(15) EXCLUSIVE RESPONSIBILITY OF ASSOCIATION. Except as otherwise provided herein,
the Association shall have the sole and exclusive right and duty to manage, operate, control,
repair,- replace, or restore all of the Common Area or any portion thereof, together with the
improvements, trees, shrubbery, plants and grass thereon, all as more fully set forth in this
Declaration.
(16) RULES AND REGULATIONS.
(a) The Association shall have the right to adopt reasonable rules, not inconsistent
with the provisions of this Declaration and the By—Laws, and to amend the same
from time to time relating to the use of the Common Area and the facilities
situated thereon by the Owners and by their tenants and 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 Condominium Property or offend or cause
inconvenience or danger to persons residing or visiting therein. Such rules may
provide that the Owner of a Living Unit whose occupant leaves property on the
Common Area in violation of the rules or who in any way damages any portion
of the Common Area may be assessed to cover the expense incurred by the
Association in removing such property and storing or disposing thereof or
repairing any such damage. The rights and privileges, including the voting rights,
of any Owner may be suspended by the Association for any period of time during
which such Owner is determined to be in breach of this Declaration or the rules
and regulations adopted by the Association hereunder, and the Association may
impose monetary penalties on any such Owner; provided, however, that no such
suspension or penalty shall be effective until the
Page 18
Association gives to such Owner the opportunity for a hearing before the
Association; provided further, that no such suspension shall exceed thirty (30)
days for a breach of the rules and regulations adopted by the Association; and,
provided further, that no such suspension shall cause a forfeiture or abridgment
of the Owner's right to the full use and enjoyment of his Living Unit or Exclusive
Use Area, except where any such loss or forfeiture is the result of (i) a Judicial
decree of Judgment (resulting from arbitration or otherwise), or (ii) exercise of
the Association's lien rights by power of sale or otherwise.
(b) The Association may not impose monetary penalties, temporary suspension
of an Owner's rights as a member of the Association, or other appropriate
discipline for failure to comply with the provisions of this Declaration and the
By-Laws unless such penalties, suspension, or other appropriate discipline is
done in good faith and in a fair and reasonable manner as set forth in the
California Corporations Code, Section 7341, and in accordance with the following
procedure:
(i) That the Owner is given thirty (30) days prior notice of any expulsion, suspension,
termination, monetary penalty, or any other discipline and the reasons therefor;
(ii) The Owner is provided an opportunity to be heard, orally or in writing, not less than
five (5) days before the effective date of the expulsion, suspension, termination, or other
discipline by a person or body authorized to decide that the proposed expulsion, suspension,
termination, or other discipline not take place.
(iii) That such notice must be given by first class or registered mail sent to
Page 19
the last address of the Owners shown on the Association's records.
(17) RIGHT OF ENTRY. The Association shall have the right to enter upon any Living
Unit or Exclusive Use Area to the extent such entry is necessary to carry out the repainting
or repair of the exterior surfaces of any building, or to perform any work required in the
maintenance and upkeep of the Common Area. Such right of entry shall be exercised in such
manner as to interfere with the possession and the enjoyment of the occupant of such Living
Unit as little as is reasonably possible, and shall be preceded by reasonable notice wherever
the circumstances permit.
(18) LIMITED LIABILITY OF ASSOCIATION. In discharging their duties and responsibilities,
the Association acts on behalf of and as representative of the Owners, and no member thereof
shall be individually or personally liable or obligated for performance or failure of performance
of such duties or responsibilities unless he fails to act in good faith.
(19) RESPONSIBILITIES OF OWNERS. Each Owner shall be responsible for the maintenance
and repair of the glass doors and windows enclosing his Living Unit and the interior of his
Living Unit, and shall also be responsible for the maintenance and repair of the plumbing
electrical, and heating systems servicing his Living Unit and located within the exterior bearing
walls of said Living Unit, including television cable equipment and connections, and all appliances
and equipment located in said Living Unit. Each Owner shall also be responsible for the
maintenance of the Exclusive Use Areas appurtenant to his Living Unit, and to make repairs
in such manner as shall be deemed necessary in the Judgment of the Associastion to preseve
the attractive appearance thereof and protect the value thereof. The Association shall give
written notice to such Owner, stating with particularity the work of maintenance or repair which
the
Page 20
Association finds to be required, and requesting that the same be carried out
within a period of thirty (30) days from giving of such notice. In the event Owner
fails to carry out such maintenance or repair within the period specified by the
notice, the Association shall cause such work to be done and shall assess the
cost thereof to such Owner, which cost, if not so paid within ten (10) days of
demand therefor, shall become a legally enforceable monetary obligation of such
Owner to the Association.
(20) BREACH.
(a) A breach of any of the covenants contained in this Declaration or the By-
Laws or any rule or regulation promulgated by the Association thereunder, other
than breach by failure to pay assessments, which is not cured within fifteen
(15) days from the date notice of such breach is given by the Association or
Declarant to the Owner on whose Living Unit such breach occurs, or whose act
or omission constitutes such breach, shall give to the Association or its
successors the rights hereinafter set forth.
(b) Breach of any of said covenants and the continuation of any such breach may
be enjoined, abated, or remedied by appropriate legal proceedings by an owner,
by Declarant or the successors in interest of Declarant, or by the Association.
It is hereby agreed that damages at law for such breach are inadequate.
(c) The result of every act or omission whereby any of said covenants are violated,
in whole or in part, is hereby declared to be and constitutes a nuisance, and
every remedy allowed by law or equity against a nuisance, either public or private,
shall be applicable against every such result and may be exercised by any Owner,
by Declarant or its successor in interest or by the Association.
(d) The remedies provided for in this Declaration
Page 21
shall be deemed cumulative, and none of such remedies shall be deemed exclusive.
(e) The failure of Declarant, the Association, or any Owner to enforce any of
the covenants contained in this declaration or the By-Laws shall not constitute
a waiver of the right to enforce the same thereafter, nor shall such failure result
in or impose any liability on Declarant.
(f) A breach of the covenants contained in this Declaration or By-Laws or any
such rule or regulation shall not affect or impair the lien or charge of any bona
fide mortgage or deed of trust made in good faith and for value on any
Condominium; provided, however, that a subsequent Owner of such Condominium
shall be bound by said covenants, whether such Owner's title was acquired by
foreclosure or in a trustee's sale or otherwise. A lender who acquired title by
foreclosure or deed in lieu of foreclosure shall not be obligated to cure any
breach of the covenants which occurred prior to such acquisition of title if such
breach was or is non-curable or was a type of breach which is not practical
or feasible to cure.
(21) INTERPRETATION. All questions of interpretation or construction of any provisions
contained in this Declaration shall be resolved by the Association and its decision shall be
final, binding, and conclusive on all parties affected.
(22) AMENDMENTS.
(a) The Declaration may be amended at any time and from time to time by an
instrument in writing signed by: Ci) A majority of the total voting power of the
Association which is at least a bare majority and not more than seventy-five
per cent (75%); and (ii) At least a bare majority of the votes of members other
than the Declarant. The percentage of the voting power necessary to amend a
specific clause or provision shall not be less than the percentage of affirmative
votes prescribed for action to be taken under that clause, any of which amendments
shall become effective upon the recording thereof with the Office of the County
Recorder, San Diego County, California; provided, however, that no material
amendment (as defined below) may be
Page 22
made to this Declaration without the prior written consent of sixty-seven per
cent (67%) or more of the eligible Mortgagees of first Mortgages encumbering
Condominiums within the Condominium Property (based upon one (I) vote for each
such Mortgage). However, the percentage of voting power necessary to amend
a specific clause or provision of this Declaration shall not be less than the
percentage of affirmative votes prescribed for action to be taken under that clause
or provision. The term "eligible Mortgagee" shall be defined to mean those first
Mortgagees who requested such information in writing with respect to amending
the Declaration.
(b) The term "material amendment" to any provision of the Declaration shall be
defined to mean amendments to provisions governing any of the following subjects:
(I) The percentage interest of the Owners in the Common Area of the Condominium Property;
(ii) The fundamental purpose for which the Project was created;
(iii) The reserve for repair and replacement of Common Area improvements;
(iv) Property maintenance obligations;
(v) Casualty and liability insurance;
(vi) Reconstruction in the event of damage or destruction;
(vii) Rights to use the Common Area;
(viii) Annexation;
(ix) Any provision which, by its terms, is specifically for the benefit of the first
Mortgagees, or specifically confers rights upon first Mortgagees. -
(23) EXTENSION OF DECLARATION. Each and all of these COVENANTS, CONDITIONS, AND
RESTRICTIONS shall terminate on December 31, 2050, unless the Owners of at least seventy-
five per cent (75%) of the Common Area file for record on or before December 31, 2050, their
executed and acknowledged document stating their decision to extend the Declaration for any
period not to exceed twenty (20) years.
(24) SEVERABILITY. In the event any COVENANT, CONDITION, OR RESTRICTION OR
provision contained in this Declaration is held to
Page 23
be invalid, void, or unenforceable by any court of competent Jurisdiction, the
remaining portions of the Declaration shall nevertheless be and remain in full
force and effect.
(25) INCORPORATION. Every right, privilege, duty, and obligation in or upon the Association
shall be exercised by and shall be a burden upon any corporation incorporated by or with the
written consent of the Owners of a majority of the interest in the Common Area for the purpose
of exercising And discharging said rights, privileges, duties, and obligations.
(26) LITIGATION.. In the event any person or entity shall commence litigation to enforce
any of the COVENANTS, CONDITIONS, and RESTRICTIONS herein contained, the prevailing party
in such litigation shall be entitled to costs of suit and such attorney's fees as the court
may adjudge reasonable and proper. The prevailing party shall be the party in whose favor
a final judgment is entered.
(27) ENCROACHMENT EASEMENTS. The Owner of each Condominium is hereby declared
to have an easement over all adjoining Living Units and the Common Area for the purpose
of accommodating any encroachments due to engineering errors, errors in original construction,
settlement or shifting of any building, or any other cause. There shall be valid easements
for the maintenance of said encroachments as long as they shall exist, and the rights and
obligations of Owners shall not be altered in any way by said encroachments, settling or shifting;
provided, however, that in no event shall a valid easement for encroachment be created in favor
of an Owner if said encroachment occurred due to the willful misconduct of any Owner. In the
event any portion of a structure on the Condominium Property is partially or totally destroyed
and then repaired or rebuilt, each Owner agrees that minor encroachments over adjoining Living
Units or Common Area shall be valid easements for the maintenance of said encroachments
so long
Page 24
as they shall exist.
(28) COMMON AREA EASEMENTS. The Owner of each Condominium is hereby declared to
have a non-exclusive easement of use and enjoyment in, to and throughout the Common Area
of the Condominium Property and for ingress and support over and through the Common Area.
(29) INSURANCE.
(a) Liability Insurance. The Association shall obtain and maintain comprehensive
public liability insurance insuring the Association, any Manager, the Declarant,
and the Owners and occupants of Condominiums, and their respective family
members, guests, invitees, and the agents or employees of each, against any
liability incident to the ownership or use of the Common Area, and including,
if obtainable, a cross-liability or severability of interest endorsement insuring
each insured against liability to each other insured. The limits of such insurance
shall not be less than one million dollars ($1,000,000) covering all claims for
death, personal injury, and property damage arising out of a single occurrence.
Such insurance shall include coverage against water damage liability, liability
for non-owned and hired automobiles, liability for property of others, and any
other liability or risk customarily covered with respect to projects similar in
construction, location, and use.
(b) Fire and Extended Coverage Insurance. The Association shall also obtain and
maintain a master or blanket policy of fire insurance for the full insurable value
of all of the improvements within the development. The form, content, and term
of the policy and its endorsements and the issuing company must be satisfactory
to all institutional Mortgagees. If more than one (1) institutional Mortgagee has
a loan of record against the development, or any part of it, the policy and
endorsements shall meet the maximum standards of the various institutional
Mortgagees represented in the development. The policy shall contain an agreed
amount endorsement or its equivalent, an increased cost of construction.
endorsement or a
Page 25
contingent liability from operation of building laws endorsement, vandalism,
malicious mischief coverage, a special form endorsement, and a determinable cash
adjustment clause or a similar clause to permit cash settlement covering full
value of the improvements in case of partial destruction and a decision not to
rebuild. The policy shall be in the amount as shall be determined by the Board.
The policy shall name as insured the Association, the Owners, and the Declarant,
- - as long as Declarant is the Owner of any condominiums, and all institutional
Mortgagees as their respective interests may appear, and may contain a loss
payable endorsement in favor of the trustee described in this Declaration.
(c) Individual Fire Insurance Limited. except as provided in this Subsection, no
Owner can separately insure his Living Unit or any part of it against loss by
fire or other casualty covered by any insurance carrier under Subsection (b). If
any Owner violates this provision, any diminution in insurance proceeds otherwise
payable pursuant to the provisions of Subsection (d) that result from the existence
of such other insurance will be chargeable to the Owner who acquired other
insurance, and the Owner will be liable to the Association to the extent of any
such diminution. An Owner can insure his personal property against loss. In
addition, any improvements made by an Owner to the real property within his
Living Unit may be separately insured by the Owner, but the insurance is to
be limited to the type and nature of coverage commonly known as tenant's
improvements. All such insurance that is individually carried must contain a waiver
of subrogation rights by the carrier as to other Owners, the Association, and
the Declarant.
(d) Trustee. All insurance proceeds payable under Subsections (b) and (c) and
subject to the rights of the Mortgagees under Subsection (h), may by paid to a
trustee, to be held and expended for the benefit of the Owners, Mortgagees and
others, as -
Page 26
their respective interests shall appear. If repair or reconstruction is authorized,
the Association shall have the duty to contract for such work as provided for
in this Declaration.
(e) Other Insurance. The Association may, and, if required by any Mortgagee,
shall purchase and maintain demolition insurance in adequate amounts to cover
demolition in case of total or partial destruction and a decision not to rebuild,
and a blanket policy of flood insurance. The Association also shall purchase and
maintain workmen's compensation insurance to the extent that it is required by
law, for all employees of the Association. The Association also shall purchase
and maintain fidelity bonds or insurance (which shall be in an amount not less
than one hundred fifty per cent (150%) of each year's estimated annual operating
expenses and reserves and shall contain an endorsement of coverge of any person
who may serve without compensation) sufficient to meet the requirements of any
Mortgagee. The Association shall purchase and maintain such insurance on personal
property owned by the Association, and any other insurance that it deems
necessary or that is required by any Mortgagee.
(f) Owner's Insurance. An Owner may carry whatever personal liability and property
damage insurance with respect to his Condominium that he desires. However, any
such policy shall include a waiver of subrogation clause acceptable to the
Association and to any Mortgagee.
(g) Adjustment of Losses. The Association is appointed attorney-in-fact by each
Owner to negotiate and agree on the value and extent of any loss under any
policy carried pursuant to Subsections (a), (b), and (c). The Msociation is granted
full right and authority to compromise and settle any claim or enforce any claim
by legal action or otherwise and to execute releases in favor of any insurer.
(h) Distribution of Mortgagees. Any Mortgagee has the option to apply insurance
proceeds payable on account of a
Page 27
Condominium, in reduction of the obligation secured by the mortgage of such
Mortgagees.
(i) Awards in Accordance With Fair Market Value. Any insurance awards distributed
to any Owner shall be in accordance with the fair market value of his Living
Unit as it relates to the fair market value of the Condominium Property or Project
in total as established by an independent appraiser.
(30) BUDGETS AND FINANCIAL STATEMENTS. The following financial information shall
be regularly prepared and distributed by the management or governing body to all members
regardless of the number or members or the amount of assets of the Association.
(a) A budget for each fiscal year consisting of at least the following information
shall be distributed not less than forty-live (45) days prior to the beginning
of the fiscal year:
(i) Estimated revenue and expenses on an accrual basis;
(ii) The amount of the total cash reserves of the Association currently available for
replacement or major repair of common facilities and for contingencies;
(iii) An itemized estimate of the remaining life of t and the methods of funding to defray
repair, replacement, or additions to major components of the Common Area and facilities for
which the Association is responsible; and
(iv) A general statement setting forth the procedures used by the management or governing
body in the calculation and establishment of reserves to defray the costs of repair, replacement
or additions to major components of the Common Area and facilities for which the Association
is responsible.
(b) A balance sheet as of an accounting date which is the last day of the month
closest in time to six (6) months from the date of closing of the first sale of
an interest in the
Page 28
subdivision and an operating statement for the period from the date of the first
closing to the said accounting date shall be distributed within sixty (60) days
after the accounting date. This operating statement shall include a schedule of
assessments received and receivable identified by the number of the subdivision
interest and the name of the entity assessed.
(C) A report consisting of the following shall be distributed within one hundred
twenty (120) days after the close of the 'fiscal year.
(i) A balance sheet as of the end of the fiscal year.
(ii) An operating (income) statement for the fiscal year.
(iii) A statement of changes in financial position for the fiscal year.
(iv) For any fiscal year in which the gross income to the Association exceeds seventy—
five thousand dollars ($75,000), a copy of the review of the annual report prepared in accordance
with generally accepted accounting principles by a licensee of the California State Board of
Accountancy.
(v) If the report referred to in subsection (d) above is not prepared by an independent
accountant, it shall be accompanied by the certificate of an authorized officer of the Association
that the statement was prepared from the books and records of the Association without
independent audit or review.
(vi) In addition to financial statements, the governing body shall annually distribute within
sixty (60) days prior to the beginning of the fiscal year a statement of the Association's policies
and practices in enforcing its remedies against members for defaults in the payment of regular
and special assessments including the recording and foreclosing of liens against members'
subdivision interest.
Page 29
(31) CONFLICT. If there is any conflict between any provision of this Declaration of
Restrictios and the By-Laws of the Association, the provisions of this Declaration shall prevail
and control.
IN WITNESS THEREOF, this Declaration has been executed as of the date and
- year first hereinabove set forth.
GE NE R A L * P A R TN ER S
EDWARD J. BANRO, JR., Trustee
Under Trust Dated May 22, 1978
RALPH L. PETERS
L MITE D * P A R T N E RS
DONALD A. ASHFORTH
PATRICIA A. ASHFORTH
NICHOLAS P. BARTOLINI
MICHAEL D. MONTGOMERY
DECLARANT
MAP NO. LL
•
— LA COSTA VALLEY UNIT NQ 5 SHEET 5 OF 6 SHEETS
ftx%~T Ow P)ER 90215 ç U4 ' co.TXC tt Q .
. . I/I.' '..'b LL. i... . 2726'No45Q5W ' ' .-- )ob,.a--..--• —.
MA2 . 1910 F,'4Q4' ) \.. '.L'
,Y605J03ft /5199 , 9000•
400. ..
\ NM'55'05"Y i•• 4 .' 250
\
0
•'Q t4• II .i
I •
249
I j• - t-
238
-----1 \
0914 Ad /" IJN
i 239Ug
laz Z6_
Pr
.. ...
-
11 r \ • .. .. - . \ •.• 240
' . /4ç 4'11,30- . u,5.51. •
As
237 10 .
Ogaro \_-OAA . 241 VVA
"2
\ . \ '
O4.O OErtCAflf i- .
1p \ . 23 . 0
CA
90
/' "s. ;-' 4j•;f MÔO 3:4t -
_0• . . \t\\ . / W41
0 C-)
0 z SCALE : 1; 200'
Pd f D T U
lot-I.-.,
CASE NO.: ? 7 DATE PEIVED:_________________
APPLICANT: Bc2.k o _t.Q) C.
REJEST: '.f a0-Q
-cI
a&t-z~ U19 Y-- ea-c~ (t)
ENVIRONMENTAL
EXEMPT OR ECD:__________________________
Posted: Prior Ccitpliaixe: Published:________
Filed: Filed:
NEGATIVE DECLARATION: _9- //4
Posted: Notice of Determination:_______
ENVIRONMENTAL IMPACT REPORT:______________________
Notice of Notice of Notice of
Preparation: Determination:_________
[l'f.ie4
1. Date of Hearing: /0 -
I 0
2. Publication:______________________
3. Notice to Property (Xners:_____________
4. Resolution No. 05 (,, .2. Date: ACTION :
(continued to: o
5. eal:__________________________________
CITY COUNCIL
1. Date of Hearing:________________________
2 Notices to City Clerk:________________
3. Agenda Bill:_______________________________
4. Resolution No.
5. Ordinance No.
Date:_______
Dated_______
CORRESJPCNDENCE
Staff Report toApplicant.;
Resolution to Applicant:'