Loading...
HomeMy WebLinkAboutMS 99-05; Doan Parcel Map; Minor Subdivision (MS)CITY OF CARLSBAD - ENGINEERING DEPARTMENT APPLICATION FOR ENGINEERING PLAN CHECK OR PROCESSING Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: DOAN PARCEL MAP DATE: 6/8/00 PROJECT DESCRIPTION: condominium conversion of an existing residential duplex PROJECT ADDRESS: 2304 - 2306 Levante Street Zt <• LOTNO(S).: 239 MAP NO.: 6533 APN(S).: 261--240-21 NO. OF DWELLING UNITS: 2 LFMP ZONE: # LOTS: 1 # ACRES: 11,374 , , OWNER: James c> Doan Jr. Mailing Address: 4906 Hidden Dune Ct. San Diego CA 92130 Phone Number. ( 619 ) 794-2200 1 certify that 1 am the legal owner and that all the above information is/true_and correcJJ&^he best of my knowledge SignaturM(C_\s^>^ \>-->Oate £> -0-°"^ / " sy CIVIL EfjG^EER: Randv R. Brown Firm: Sowards and Brown Engineering Inc. Mailing Address: 2187 Newcastle Ave Ste 103 Cardiff CA 92007 Phone Number: ( 760 ) 436-8500 X202 State Registration Number: LS 5406 APPLICANT: Same Mailing Address: Phone Number: ( ) Signature ' Date SOILS ENGINEER: Firm: Mailing Address: Phone Number: ( ) State Registration Number: ADDITIONAL COMMENTS: IMPROVEMENT VALUATION 1 . What water district is the proposed project located in? (circle one) Carlsbad Municipal Water District Olivenhain Vallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements (if applicable)? $ N/A 3. What is the total cost estimate, including the 1 5% contingency fee, for sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ "'" 4. What is the total cost of landscape and irrigation improvements on private property (if applicable)? $ N/A GRADING QUANTITIES cut - cy fill - cy remedial - cy import/export - cy OOCS/MISFORMS/APPLICATION ENG PLANCHECK OR PROCESSING REV. 10/06/99 APPLICATION FOR: (/ all that apply) Q Adjustment Plat Q Certificate of Compliance Q Dedication of Easement Type: Type: Q Encroachment Permit Q Engineering Standards Variance Q final Map Q Grading Plancheck Q Grading Q Irrpjovement Plancheck Q^Parcel Map .. Q Quitclaim of Easement Type: Type: Q Reversion to Acreage Q Street Vacation Q Tentative Parcel Map Q Certificate of Correction Q Covenant for Easement Q Substantial Conformance Exhibit FOR CITY USE ONLY Plancheck Number /Vv^90ooC Type ADJP COC DOE ENCROACH ESV FMf GRPC GRADING IPC PM QUITC RTA STV .MS CCOR COVE SCE APPLICATION ACCEPTED BY: / ^^/( — S\i <^C\ UNC""^ MASTER PROJECT ID: ' 3 — ' ' ^-> ^ RECEIPT NUMBER: PRELIMINARY SIERRA SYSTEM INPUT INITIAL: SIERRA SYSTEM INPUT INITIAL: R-.BASE INPUT INITIAL: MASTER FILE NUMBER: F Q OTHER: Drawing Number Project I.D. Deposit/Fees Paid -V-i-gV."" RECBlV^ JUH 1 1 IW &S& DATE STAMP APPLICATION RECEIVED DOCS/MISFORMS/APPLICATION ENG PLANCHECK OR PROCESSING REV. 10/06/99 CITWF CARLSBAD - ENGINEERING DEh^TMENT APPLICATION FOR ENGINEERING PLAN CHECK OR PROCESSING Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: DOAN TENTATIVE PARCEL MAP DATE: PROJECT DESCRIPTION' condominium conversion of an existing residentialduplex and provide offstreet parking to meet City ot Carlsbad requirements. PROJECT ADDRESS: 2304-2306 Levante Street LOTNO(S).: 239 MAP NO.: 6533 APN(S).: 216-240-21 NO. OF DWELLING UNITS: 2 LFMPZONE: # LOTS: l #ACRES: 11,371 SF OWNER: James C. Doan Jr. Mailing Address: 4906 Hidden Dune Ct San Diego, CA 92130 Phone Number: (619 ) 794-2200 1 certify that 1 am the legal owner and that all the above information JsTrue and correct to the best of my knowledge Signature^— \r^>*&^^' Date'7--/<T-*?C A CIVIL ENGINEER: Randy R- Brown Firm: Sowards and Brown Engineering Inc. Mailing Address: 2187 Newcastle Ave Ste 103 Cardiff CA 92007 Phone Number: ( 760 ) 436-8500 State Registration Number: RQC 36190 LANDSCAPE ARCHITECT: Firm: Mailing Address: Phone Number: ( ) State Registration Number: IMPROVEMEN 1 What water Hictrir.t JR jhg proposed project located in (c ^Carlsbad Municipal Water DistrJcT) C 2. If in the Carlsbaa Municipal water District, what is the \ contingency fee, for water and reclaimed water impr< 3. What is the total cost estimate, including the 15% conti Municipal Water District only), street, public (media drainage improvements (if applicable)? 4. What is the total cost of landscape and irrigation impro applicable)? APPLICANT: Same Mailing Address: Phone Number: ( ) Signature Date SOILS ENGINEER: Firm: Mailing Address: Phone Number: ( ) State Registration Number: ADDITIONAL COMMENTS: T VALUATION ircle one)? Dlivenhain Vallecitos otal cost estimate, including the 15% . / jvements (if applicable)? $ fJ /A- ngency fee, for sewer (for Carlsbad n) landscape and irrigation, and . / $ /J/A vements on private property (if $ / / GRADING QUANTITIES cut • cy fill — cy remedial • cy import/export cy DOCS/MISFORMS/APPLICATION ENG PLANCHECK OR PROCESSING REV. 6/10/97 o APPLICATION FOR: (/ alt that apply) Q Adjustment Plat Q Certificate of Compliance Q Dedication of Easement Tvpe: Type: Q Encroachment Permit Q Engineering Standards Variance Q Final Map Q Grading Plancheck Q Grading Q Improvement Plancheck Q Landscape Plancheck ^Parcel Map ®t Po &$ && Q Quitclaim of Easement Type: Type: Q Reversion to Acreage P Street Vacation Q Tentative Parcel Map Q Certificate of Correction Q Covenant for Easement Q Substantial Conformance Exhibit FOR CITY USE ONLY Plancheck Number > Type ADJP COC DOE ENCROACH ESV FM GRPC GRADING IPC LPC PM QU1TC RTA STV MS CCOR COVE SCE APPLICATION ACCEPTED BY: MASTER PROJECT ID: /W sj-0$ RECEIPT NUMBER: PRELIMINARY SIERRA SYSTEM INPUT INITIAL: SIERRA SYSTEM INPUT INITIAL: R:BASE INPUT INITIAL: MASTER FILE NUMBER: F Q OTHER: Drawing Number Project I.D. M$99-0if Deposit/Fees Paid >^7o. " RECEIVED JUL 2 6 1999 ENGINEERING DEPARTMENT DATE STAMP APPLICATION RECEIVED DOCS/MISFORMS/APPLICATION ENG PLANCHECK OR PROCESSING REV. 6/10/97 PROJECT MAP REVIEW COMPLETION The following project maps have been reviewed and are recommended for approval: MM>Project Name: _ Project No.: Kb Map No.: PH Sheets No.:A through "2 — DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the map review of this project as defined in Section 8703 of the Business and Professions Code to determine that the maps are found to be in substantial compliance with applicable codes and standards. Map review of these project maps does not relieve the Land Surveyor or Engineer of Work of the responsibilities with state and local ordinances. Signed Helming Engineering Co., Inc. 200 E. Washington Ave., Suite 221 Escondido, CA 92025 (760) 233-4900 Date Douglas L. Helming, RCE 23874 Expiration Date 12/31 /01 CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (C | _~j Administrative Permit - 2nd Dwelling Unit |~~| Administrative Variance Q Coastal Development Permit Q Conditional Use Permit Q Condominium Permit Q Environmental Impact Assessment [~l General Plan Amendment Q Hillside Development Permit Q Local Coastal Plan Amendment O Master Plan Q Non-Residential Planned Development [~l Planned Development Permit HECK BOXES) (FOR DEPARTMENT USE ONLY) Q Planned Industrial Permit Q Planning Commission Determination ["] Precise Development Plan Q Redevelopment Permit [~l Site Development Plan [J Special Use Permit O Specific Plan Q Tentative Parool Map Obtain from Engineering Department O Tentative Tract Map [~1 Variance Q Zone Change I | List other applications not specified (FOR DEPARTMENT USE ONLY) 2) 3) 4) 216-240-21ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: Condominium Conversion of existing residential duplex Doan Tentative Parcel Map 5) OWNER NAME (Print or James C. Doan Jr MAILING ADDRESS 4906 Hidden Dune CITY AND STATE San Diego CA Type) Court ZIP TELEPHONE 92130 (619) 794-2200 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. TURE DATE 6) APPLICANT NAME (Print or Type) Same MAILING ADDRESS CITY AND STATE ZIP TELEPHONE 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE CORRECT TO THE BEST OF MY KNOWLEDGE. THE AND SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION APN: 216-24LH21 Lot 239 of La Costa South Unit No. 3 in the City of Uarisbad according to map tnereor No. NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 8) LOCATION OF PROJECT:2304-2306 Levante Street STREET ADDRESS ON THE BETWEEN North (NORTH, SOUTH, EAST,WEST) Torrejon Place SIDE OF AND Levante street (NAME OF STREET) bacada circle (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 1 0) PROPOSED NUMBER OF LOTS 1 3) TYPE OF SUBDIVISION i 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE H,37 22) EXISTING ZONING 1 ii nor 0 . SF R-2 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 1 7) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING 2 n/a 0 w R-2 (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 1 5) PROPOSED COMM SQUARE FOOTAGE 1 8) PROPOSED SEWER USAGE IN EDU cl 21) PROPOSED GENERAL PLAN DESIGNATION 2 n/a no lange BM 24)IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED DATE STAMP APPLICATION RECEIVED RECEIVED BY: DATE FEE PAID RECEIPT NO. Form 16 PAGE 2 OF 2 August 23,1999 City of Carlsbad Public Works — Engineering RECEIVED SEP 3 - 1999 NOTICE OF FILING OF TENTATIVE PARCEL MAP MINOR SUBDIVISION NO. MS 99-05 ENGINEERING DEPARTMENT Notice is hereby given that a Tentative Parcel Map has been filed on property generally located at 2304 - 2306 Levante Street and more particularly described as Lot 239 of La Costa South Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 6533, filed in the office of the County Recorder of San Diego County, Novembers, 1969. The project involved is described as a conversion of an existing duplex apartment to a two unit condominium. APPLICANT: James C. Doan, Jr. STATEMENT OF THE MATTER: This project is a minor subdivision (four units or less), which by subdivision ordinance, does not require a public hearing. A minor subdivision is processed by the City staff and must comply with all applicable codes, regulations, and zoning. Each property owner may request, in writing, the opportunity to be heard on the Tentative Parcel Map. Such written request must be filed with the City Engineer within fifteen (15) days of this notice. Failure to so file shall be deemed a waiver of your rights with regard to this matter. Your comments and suggestions are appreciated. If you have any questions or comments, please do not hesitate to contact David Rick of our office at 438-1161, extension 4324. ROBERT J. WOJCIK, P.E. Principal Civil Engineer RJW:kk Attachment 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 431-5769 .t - CO'iDO OOC B'- 3 M-i 3^J3*. PAR i PM in*! • 3- COjOOjJpC 6?-Oi3:i7 '(CONOO Pt'JC DOC82- O6a* City of Carlsbad Planning Department November 2, 2001 Sowards and Brown Engineering 2187 Newcastle Avenue Suite 103 Cardiff by the Sea, Ca 92007 SUBJECT: PRE 01-67 - DOAN CONDO CONVERSION 2 8 2001 ENGINEERING DEPARTMENT The Planning Director has completed a review of your application for PRE 01-67 - Doan Condo Conversion, (APN: 216-240-21). After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the application qualifies for substantial conformance with the approved permit and therefore, approves the changes to the project based on Planning Director Administrative Policy No. 35. Please submit two (2) blueline copies (24" X 36") of all applicable exhibits for the project file. The (2) blueline copies must be submitted, stamped "Substantial Conformance", and signed by the Planning Director prior to issuance of any building permits for the project. CITY OF CARLSBAD MICHAEL J. H( Planning Director MILLER MJH:GF:cs c: Principal Planner, Chris DeCerbo Project Engineer, David Rick File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us '";& inurnment Is certified to Be a tree and.act copy of that certain instrument recorded RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO James Robert Dennis, Esq. 10626-High Bluff Drive, Suite50l San Diego, California 92130 office of the County FIRST of San Diego County. INSURANCE , ^Auihorued Signature DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEVANTE STREET CONDOMINIUMS DECEIVED MOV 2 8 2001 SNGiNEERING DEPARTMENT THIS DECLARATION is made effective thisl^. day of October, 2001, by James C. Doan,'Jr. ("Declarant") with respect to the following: RECITALS A. Declarant is the owner of that certain real property located hi the County of San Diego, State of California, and more particularly described as Lot 239 of La Costa South Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6533, filed in the Office of the Recorder of San Diego County, State of California, on Novembers, 1969 ("Property"). : : B. Pursuant to this Declaration, Declarant intends to create two (2) condominiums (each a "Unit" or collectively the "Units," has hereinafter defined) within the meaning of Section 1351 of the California Civil Code on the Property. C. In furtherance of this intent, Declarant hereby declares that all of the Property is and shall continue to be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and improved subject to the declarations, limitations, covenants, conditions, restrictions, reservations, rights, and easements set forth in this Declaration, as this Declaration may be amended from time to time, all of which are declared and agreed to be in furtherance of a general plan established for the purpose of enhancing and perfecting the value, desirability, and attractiveness of the Property. All covenants and restrictions set forth in this Declaration shall constitute covenants running with the land and enforceable equitable servitudes upon the Property, and each Unit situated thereon, and shall be binding on and for the benefit of the Property, and each Unit situated thereon, and all parties having or acquiring any right, title, or interest in any Unit, including the heirs, executors, administrators, and assigns of these parties and all subsequent owners and lessees of any Unit. D. It is the further intent of the Declarant that all tangible parts of the Property will be contained in the Units, as defined by this Declaration, and that the "common area" will be only that part of the Property not situated within a Unit, i.e., being those areas of the Property between Doan.Levante.Dec.Rev. 102501 HI the Units or situated on the Property outside the horizontal and vertical limits of each Unit, as herein defined. Accordingly, there is and will be no tangible part of the Property that requires any management, maintenance or upkeep separate and apart from the obligations of each Owne? with respect to his or her Unit as otherwise prescribed by this Declaration. As such, this ! Declaration intentionally omits any provisions for a homeowners association acting as such, and makes no provision for any governing instruments therefore. Instead, it is the Declarant's intent that, to the extent that any act is required with respect to the common area of the Property, the rights and obligations of all parties, including, but not limited to, the Owners of the Units, be determined by and enforced by each Owner through this Declaration and applicable law. ARTICLE I. DEFINITIONS "Common Area" r Section 1.01. "Common Area" means all portions of the Property not situated within a Unit, as hereinafter defined. Each Owner shall have an undivided one-half interest in the Common Area. "Declarant" Section 1.02. "Declarant" means James C. Doan, Jr. : "Declaration" Section 1.03 "Declaration" means this Declaration and any amendments thereto. "Map" Section 1.04 "Map" means the parcel map for condominium purposes, as approved by the City of Carlsbad for the Property. "Mortgage" and "First Mortgage" Section 1.05. "Mortgage" means a mortgage or deed of trust encumbering a Unit. "First Mortgage" means a mortgage that has priority over all other mortgages encumbering the same Unit. "Mortgagee," "Institutional Mortgagee," and "First Mortgagee" Section 1.06. "Mortgagee" means a Person to whom a Mortgage is made and includes the beneficiary of a deed of trust and any guarantor or insurer of a mortgage. "Institutional Mortgagee" means a mortgagee that is a financial intermediary or depository, such as a bank, savings and loan, or mortgage company, that is chartered under federal or state law and that lends 2Doan.Levante.Dec.Rev. 102501 money on the security of real property or invests in such loans, or any insurance company or governmental agency or instrumentality, including the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), and the Government f National Mortgage Association (GNMA). "First Mortgagee" means a Mortgagee that has priority over all other mortgages or holds of mortgages encumbering the same Unit. The term "Beneficiary" shall be synonymous with the term "Mortgagee." "Mortgagor" Section 1.07. "Mortgagor" means a Person who mortgages his, her, or its property to another (i.e., the maker of a mortgage), and shall include the trustor of a deed of trust. The term "Trustor" shall be synonymous with the term "Mortgagor." "Owner" Section 1.08. "Owner" means the record holder or holders of record fee title to a Unit, including Declarant, and any contract sellers under recorded contracts of sale. "Owner" shall not include any persons or entities that hold an interest in a Unit merely as security for performance of an obligation. "Person" Section 1.09. "Person" means a natural individual, a corporation, or any other entity with the legal right to hold title to real property. ; "Plan" Section 1.10. "Plan" means the condominium plan for the Property prepared by So wards & Brown Engineering, Inc., dated August 7,2001, as approved by the City of Carlsbad. The Plan is composed of two (2) Units. "Property" Section 1.11. "Property" means the real property described in the Recitals. "Residential Building" Section 1.12. "Residential Building" means all portions of the structure comprising the residential building depicted on the Plan, including, without limitation, the foundation, bearing walls, roof and all components of each such improvement. "Restricted Use Area" Section 1.13. "Restricted Use Area" means those portions of a Unit that, by the terms of this Declaration, are dedicated for a specific purpose, any other use of which is restricted or • 3 Doan.Levante.Dec.Rev.102501 qualified, including, but not limited to, the exterior surfaces of the Residential Building of each Unit, all walls, fences, decks and similar structures or improvements situated on the exterior of any Residential Building within a Unit (including, but not limited to, those areas depicted as "Recreation Area," "Landscaped Area," "Parking Area," or "Off-Street Parking" on the Plan or Map). "Unit" Section 1.14. "Unit" means and consists of a Residential Building, together with a garage, deck, patio, and a yard, as depicted on the Plan. There shall be two (2) Units, being identified as Residential Unit 1 and Residential Unit 2, as shown on the Plan. For purposes of this Declaration, the term Unit shall have the same meaning as the term "Residential Unit" in the Plan. Each Unit consists of all space, real property and improvements located within the area shown as a "Residential Unit" on the Plan, the dimensional boundaries of which are as set forth on the Plan, the terms of which are herein incorporated by reference. ARTICLE II. THE PROPERTY Property Subject to Declaration Section 2.01. The entire Property shall be subject to this Declaration. Annexation of Additional Property ; Section 2.02. Unless lawfully approved by way of amendment to this Declaration, no additional property may be annexed to the Development. Common Area Section 2.03. All tangible parts of the Property will be contained in the Units, as defined by this Declaration, and the Common Area will be only that part of the Property not situated within a Unit, i.e., being those areas of the Property between the Units or situated on the Property outside the horizontal and vertical limits of each Unit, as herein defined. ARTICLE III. NO COMMON AREA REQUIRING MANAGEMENT Section 3.01. As the Common Area will not be tangible or physically accessible by any person or third party, no part of the Common Area will require management of any kind and, as a result, the Declarant and each Owner, by accepting title to a Unit through a recorded deed, jointly recognize that there is no purpose or need for any homeowner's association to manage the Common Area of the Property, and agree, the provisions of the Davis-Sterling Common Merest Development Act (California Civil Code Section 1350 eLseq.) ("Act") notwithstanding, that all 4 Doan.Levante.Dec.Rev. 102501 management rights and obligations of the Property otherwise prescribed by the Act shall be exercised by each Owner, acting in such capacity, through the enforcement of this Declaration, and that each Owner waives the right to have the Property otherwise managed by an association, nor shall any Owner have any obligation to prepare any budget or provide any docunjient to any prospective purchaser of any Unit other than a copy of this Declaration and any amendment hereto, the provisions of California Civil Code Section 1368 to the contrary notwithstanding. ARTICLE IV. USE RESTRICTIONS AND COVENANTS General Restrictions on Use Section 4.01. In exercising the right to occupy or use a Unit and its improvements, the Owner and the Owner's family, guests, employees, tenants, and invitees shall not do any of the following: (a) Attempt to further subdivide a Unit. (b) Occupy or use a Unit, or permit all or any part of a Unit to be occupied or used, for any purpose other than as a private residence. Nothing in this Declaration shall prevent an Owner from leasing or renting out his or her Unit, provided that it is not for transient or hotel purposes, is for a period of at least 30 days, and such rental by its terms is subject to this Declaration. . (c) Permit any act in a Restricted Use Area not permitted by this Declaration. (d) Perform any act or keep anything on or in any Unit that will increase the rate of insurance on the other Unit without the prior written consent of the Owner of the other Unit. Further; no Owner shall permit anything to be done or kept in his or her Unit that would result in the cancellation of insurance on any Unit or that would violate any law. (e) Display any sign to the public view on or from any Unit without the prior written consent of the Owner of the other Unit, except a sign advertising the property for sale, lease, or exchange, or advertising directions to the property, as provided in Section 712 of the California Civil Code. (f) Raise, breed, or keep animals, livestock or poultry of any kind on or in a Unit, except dogs, cats, or other household pets, which may be kept on or in a Unit. (g) Engage in any noxious or offensive activity in any part of a Unit. (h) Alter or modify the exterior or the exterior appearance of the Residential Building of any Unit without first obtaining the written consent of the Owner of the other Unit. Doan.Levante.Dec.Rev. 102501 (i) Alter, construct, or remove anything on or from any Restricted Use Area, except for purposes of maintenance or replacement. (j) Park?any automobile or other motor vehicle in other than a "Parking Area" or within an interior garage designated in a Unit. Under no circumstances shall the parking of a motorhome or other non-passenger vehicle be permitted, hi addition, under no circumstances shall the parking of any vehicle block vehicular access to a Unit or impede pedestrian access to or use of a sidewalk. (k) Display or put into public view any clothing or garments, whether for the purpose of drying or otherwise. (1) Attach, affix or otherwise install any television satellite dish or radio antenna on any Unit, except one (1) television satellite dish (not exceeding 24 inches in diameter) may be attached to the exterior of a Residential Building of a Unit. Damage Liability Section 4.02. Each Owner shall be liable to the other Owner for all damage to the Property that is sustained by reason of the negligence or willful misconduct of that Owner or his or her family, guests, employees, tenants, and invitees. Each Owner, by accepting the deed to his or her Unit, agrees to provide and maintain insurance to the extent required by Article VI of this Declaration. • Equitable Servitudes • Section 4.03. The covenants and restrictions set forth in this Declaration shall be enforceable equitable servitudes and shall inure to the benefit of and bind all Owners. These servitudes may be enforced by any Owner. ARTICLE V. ARCHITECTURAL AND DESIGN CONTROL Architectural and Design Approval Section 5.01. No Unit, nor any part thereof, shall be rebuilt or improved except in substantial conformity with the architectural design and construction standards of the Residential Building as of the date of this Declaration (taking into account and conforming to then current and applicable building codes), without the prior written consent of each Owner. Doan.Levante.Dec.Rev. 102501 ARTICLE VI. INSURANCE General Liability Insurance ! f Section 6.01. Each Owner shall obtain and maintain a policy or policies insuring such Owner, Declarant (for so long as Declarant is an Owner of a Unit), and the Owners' invitees, guests, employees, and their agents against any liability for bodily injury, death, and property damage arising from the activities occurring on or within each Unit. Limits of liability under the insurance shall not be less than $1,000,000 covering all claims for death, personal injury, and property damage arising out of a single occurrence. The Owner of the other Unit shall be named as an additional insured under each such policy. Upon request, the Owner of a Unit shall provide a copy of each such insurance policy to the other Owner. Fire Insurance ' Section 6.04. Each Owner shall obtain and maintain fire and casualty insurance for his or her Unit in an amount adequate to fully replace all components of the Unit hi the event of total destruction. Such replacement cost shall be determined by conventional industry standards. The Owner of the other Unit shall be named as an additional insured under each such policy. Upon request, the Owner of a Unit shall provide a copy of each such insurance policy to the other Owner. ARTICLE VII. DAMAGE OR DESTRUCTION Duty to Restore or Replace Section 7.01. If any Unit, or any portion or component thereof, is destroyed or damaged, the Owner shall restore and replace the damaged or destroyed portion of the Unit in a manner that substantially conforms to the architectural design and construction standards of the Residential Building and other elements of the Unit as Of the date of this Declaration (taking into account and conforming to then current and applicable building codes), using the proceeds of insurance maintained pursuant to Article V of this Declaration, subject to the provisions of this Article. The availability or absence of insurance coverage shall not, however, relieve the Owner of the damaged or destroyed Unit of any responsibility under this Declaration. ARTICLE VIII. RIGHTS OF MORTGAGEES Warranty Section 8.01. Declarant hereby warrants that Mortgagees of each Unit shall be entitled to 7 Doan.Levante.Dec.Rev.102501 the rights and guaranties set forth in this Article. No amendment of this Article shall affect the rights of the holder of any First Mortgage recorded pri6r to the reeordation of the amendment who does not j oin in the execution of the amendment. Subordination . Section 8.02. Notwithstanding any other provision of this Declaration, liens created under this Declaration upon any Unit shall be subject and subordinate to, and shall not affect the rights of the holder of, the indebtedness secured by any recorded First Mortgage upon such an interest made in good faith and for value, provided that any transfer of a Unit as the result of a foreclosure or exercise of a power of sale shall not relieve the new Owner from liability for obligations pertaining to such Unit arising after the transfer. Inapplicability of Right of First Refusal ' Section 8.03. Should this Declaration or any amendment thereof provide for a "right of first refusal," this right shall not impair the rights of a First Mortgagee to: (a) Foreclose or take title to a Unit pursuant to the remedies provided in the Mortgage; (b) Accept a deed (or assignment) in lieu of foreclosure in the event of default by a Mortgagor; or '_ r ~(c) Interfere with a subsequent sale or lease of a Unit so acquired by the Mortgagee. Notice of Default Section 8.04. A First Mortgagee, upon request, shall be entitled to written notification from any Owner of any default hi the performance by the Mortgagor of any obligation under this Declaration that is not cured within 60 days. Mortgagee Approval of Material Amendments Section 8.05. Notwithstanding Article DC of this Declaration, any amendments governing any of the following shall require the prior written approval of the First Mortgagee of each Unit: (a) Responsibility for maintenance, repair, and replacement of any Unit; (b) Boundaries of any Unit; (c) Leasing of Units; (d) Annexation, addition, or withdrawal of real property to or from the Property; 8 Do an.Lcvante.Dec.Rev. 1 0250 1 (e) Casualty and liability insurance; or -. (f) Any provisions expressly benefiting First Mortgagees or insurers or governmental guarantors of First Mortgages. ! Notwitlistanding the foregoing, any First Mortgagee who receives a written request from an Owner to approve a proposed amendment or amendments requiring consent under this Section who does not deliver a negative response to such Owner within 30 days of the receipt of the request shall be deemed to have approved the proposed amendment or amendments. Mortgagee Approval of Other Actions Section 8.07. Unless each First Mortgagees has given its prior written approval, the Owners shall not be entitled to: • (a) By act or omission, seek to abandon or terminate the Property as a condominium project; (b) Change any obligation of an Owner with respect to a Unit; (c) Partition or subdivide the Property of any Unit; (d) Use hazard insurance proceeds for losses to any Unit for other than the repair, replacement, or reconstruction of that Unit, except as provided by statute. Liens Section 8.08. All taxes, assessments, and charges that may become liens prior to the First Mortgage under local law, shall relate only to the individual Unit and not to the Property as a - whole. Priority Section 8,09. No provision of this Declaration shall give any Owner, or any other party, priority over any rights of the First Mortgagee of the Unit pursuant to its Mortgagee in the case of a distribution to the Unit Owner of insurance proceeds or condemnation awards for losses to, or a taking of, all or a portion of a Unit. ARTICLE IX. AMENDMENTS Amendment or Revocation Before Close of First Sale Section 9.01. At any time before the close of the first sale of a Unit to a purchaser other 9 Doan.Levante.Dec.Rev. 102501 than Declarant, Declarant and any Mortgagee of record may, by executing an appropriate instrument, amend or revoke this Declaration. The executed instrument shall be acknowledged and recorded in the Office of the Recorder of San Diego County. Amendments by Owners After Close of First Sale Section 9.02. At any time after the close of the first sale of a Unit to a purchaser other than Declarant, this Declaration may be amended by the vote or written consent of all Owners. An amendment becomes effective after (1) the approval of the required Owners has been given, (2) that fact has been certified in a writing executed and acknowledged by an officer designated by the Association for that purpose and (3) that writing has been recorded in San Diego County. ARTICLE X. GENERAL PROVISIONS r Term Section 10.01. The provisions of this Declaration shall continue in effect for a term of twenty (20) years from the date of execution. Thereafter, it shall be automatically extended for successive periods often (10) years, until the membership of the Association decides to terminate it ' . : Nonwaiver of Remedies Section 10.02. Each remedy provided for in this Declaration is separate, distinct, and nonexclusive. Failure to exercise a particular remedy shall not be construed as a waiver of the remedy. Attorneys' Fees Section 10.03. In any action to enforce this Declaration, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, in addition to such other legal and equitable relief as may be awarded or obtained. Severabiliry Section 10.04. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision shall not affect the validity or enfbrceability of any other provision. Binding Section 10.05. This Declaration, as well as any amendment to it and any valid action or 10 Doan.Lcvante.Dec.Rev. 102501 directive made pursuant to it, shall be binding on the Declarant and the Owners and their heirs, grantees, tenants, successors, and assigns. Interpretation Section 10.06. The provisions of this Declaration shall be liberally construed and interpreted to effectuate its purpose of creating a condominium project. Failure to enforce any provision of this Declaration shall not constitute a waiver of the right to enforce that provision or any other provision of this Declaration. Limitation of Liability Section 10.07. The liability of any Owner for performance of any of the provisions of this Declaration shall terminate upon sale, transfer, assignment, or other divestment of the Owner's entire interest in his or her Unit with respect to obligations arising from and after the date of the divestment. Fair Housing Section 10.08. Neither Declarant nor any Owner shall, either directly or indirectly, forbid the conveyance, encumbrance, renting, leasing, or occupancy of the Owner's Unit to any person on the basis of race, color, sex, religion, ancestry, or national origin. Number and Headings Section 10.09. As used in this Declaration, the singular shall include the plural, unless the context requires the contrary. The headings are not a part of this Declaration, and shall not affect the interpretation of any provision Consents Section 10.10. Whenever the consent of a Person is required by this Declaration, such Person shall not unreasonably withhold or delay the provision of such consent. Executed on October*^, 2001, at San Diego, California. Q^8 C. Doan, Jr. Declarant [Attach notary jurat] 11Doan.Levante.Dec.Rev. 102501 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CAJj^OtAJUL.<r-~ +~\J r\. «',-* -N County of pe/sonally appeared NAME(S) OF SIGNER(S) bfi personally known to me - OR - D proved to me on the basis of satisfactory evidence [^ to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the pers/jan(s) acted, executed the instrument. \ eal. ROBIN A. SMITH COMM.* 1260249 » NOTARY PUBLIC-CALIFORNIA Q SAN DIEGO COUNTY 0 . APRIL 24, 2004 J* OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER \£ yQ^INDIVIDUAL /D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT ' TITLE(S) TITLE OR TYPE OF DOCUMENT D PARTNER(S)D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: u NUMBER OF PAGES DATB'OF DOCUMENT SIGNER IS REPRESENTING: NAMEOFPERSON(S)ORENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ave.. P.O. Box 7184 • Canoga Park, CA 91309-7184 FORM 1359 (4/75) CLTA SUBDIVISION GUARANTEE FORM NO. 1 SUBDIVISION GUARANTEE SUBDIVISION: MINOR SUBDIVISION NO. 99-05 ORDER NO.: 1246154-22 FEE: $750.00 FIRST AMERICAN TITLE INSURANCE COMPANY a corporation, GUARANTEES THE COUNTY OF SAN DIEGO AND ANY CITY WITHIN WHICH SATO SUBDIVISION IS LOCATED IN A SUM NOT EXCEEDING $1,000.00. THAT, ACCORDING TO THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO THE LAND INCLUDED WITHIN THE EXTERIOR BOUNDARY SHOWN ON THE MAP OF THE ABOVE REFERENCED SUBDIVISION, THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, UNDER THE REQUIREMENTS OF THE SUBDIVISION MAP ACT, ON THE CERTIFICATES CONSENTING TO THE RECORDATION OF SAID MAP AND OFFERING FOR DEDICATION ANY STREETS, ROADS, AVENUES AND OTHER EASEMENTS OFFERED FOR DEDICATION BY SAID MAP ARE: JAMES C. DOAN, JR. AS OWNER CALIFORNIA RECONVEYANCE COMPANY AS TRUSTEE UNDER A DEED OF TRUST RECORDED OCTOBER 6,1998 AS FILE NO. 1998-0644236 OF OFFICIAL RECORDS. THE SIGNATURE OF THE FOLLOWING HAS BEEN OMITTED UNDER THE PROVISION OF SECTION 66436, SUBSECTION (a) (3) (A) (i) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY: NONE THE MAP HEREINBEFORE REFERRED TO IS A SUBDIVISION OF: LOT 239 OF LA COSTA SOUTH UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6533, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 3,1969. DATED: NOVEMBER 19,2001 FIRST AMERICAN TITLE INSURANCE COMPANY SCOTT PARKS - TITLE OFFICER DIRECT DIAL - 231-4664 FAX NO. 231-4647