HomeMy WebLinkAboutPCD 89-01; UHL; Planning Commission Determination (PCD)V as
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Law Office of
Barry J. Schwartz
Atror,,v AtLa"
1520 Sixth Ave.
San Diego, CA 92101
Telephone (619) 233-4181
January 18, 1989
Mr. Michael Harrington
Zoning Enforcement Officer
City of Carlsbad
1200 Elm Ave
Carlsbad, California 92008
RE: MATTER OF UHL
Dear Mr. Harrington:
In accordance with our recent telephone conversation, I would
appreciate if I would reçzeie advance notice of the date and
time of any hearing t)i the Planning Commission shall
schedule for the ave referenced matter.
hank you 'f our continued cooperation and courtesy in this
atter.
y truJ,4 yours,
Baitry ,7. Schartz
Attorfev at Law
e
Law Offices of
Barry J. Schwartz
1520 Sixth Avenue
San Diego, CA 92101
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NR. MICHAEL HRPJNGION
ZONING ENFORCEMENT OFFICER
CITY OF CRLSFD
1200 ELM AVENUE
CARLSBAD, c. 92008
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December 1, 1988 /
DEC 1988 (/
PLANNING DEPARTMENT CITY OF
Planning Director Id
Mr. Michael Holzmiller \GARLS8AD
2075 Las Palmas Drive
Carlsbad, California 92009
RE: Letter of denial dated November 22, 1988
Dear Mr. Holzmiller,
Since I do not feel the decision of the Plahiing Department is either fair or legal,
I hereby appeal this decision.
Sincerely,
Charles D. Uhl, Jr.
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WIPMEM
CITY OF CARLSBAD
DEVELOP. PROC SERV. DIV.
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CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008-1989
(619) 434-2891 VINCENT F. BIONDO, JR.
CITY ATTORNEY
RONALD R. BALL
ASSISTANT CITY ATTORNEY
November 22, 1988
Mr. and Mrs. Charles
3274 Camino Coronado
Carlsbad, California
Uhl Ce o-V
92009
RE: VIOLATION OF CARLSBAD MUNICIPAL 'CODE §21.53.130(b) AND
§21.45.090(n) ON YOUR REAL PROPERTY LOCATED AT 3274 CAMINO
CORONADO, CARLSBAD, CALIFORNIA, (APN 255-170-49)
Dear Mr. and Mrs. Uhl:
This is a follow up to my letter of November 9, 1988 to you
regarding the above referenced matter. The Planning Department has
researched the question of whether or not you may erect and
maintain an individual satellite antenna on your real property.
The project in which you reside is a planned development within the
meaning of Chapter 21.45 of the Carlsbad Municipal Code having
receiving approval as CT81-16 and LCDP81-1. The approval did not
request, propose or allow individual satellite antennas and it is
the position of the Planning Department that your permit
application can not be processed. You may appeal this decision to
the Planning Director pursuant to Carlsbad Municipal Code Chapter
21.51 within ten (10) days of the date of this letter. If this is
your desire, please file your appeal with the Planning Director,
2075 Las Palmas Drive, Carlsbad, California, telephone number 438-
1161. If not appealed, this decision will be final. You must then
comply with the provisions of §21.45.090(n).
Should you have any questions regarding the above, please do not
hesitate to contact me.
Ve ruly yours,
RONALD R. BALL
iReceit'ed
Assistant City Attorney I
RRB: gmj
DEC1 1988
c: Michael Harrington CITY OF CARLSBAD
DEVELOP. PROC. SERV. DIV.
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RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
McKITTRICK, JACKSON, DeMARCO
& PECKENPAUGH (JLR)
4041 MacArthur Boulevard
Post Office Box 2710
Newport Beach, California 92658-8995
Certified to be a true
and correct copy of the
document recorded_
as file/page 3.g
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9(J'S 'ñTLEICOMPANY
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(Space Above For Recorder's Use)
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS AND RESERVATION OF EASEMENTS
FOR
LA CRESTA AT COEINAS DE CR0
A PLANNED RESIDENTIAL DEVELOPMENT
29919 /JLR/0297S/16481
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or negligent act of an Owner, his tenants, or their families,
guests or invitees shall, after Notice and Hearing, be levied
by the Board as a Special Assessment against such Owner.
Section 9.04: Damage and Destruction Affecting Dwelling
Units -- Duty to Rebuild. If all or any portion of any Lot or
Dwelling Unit is damaged or destroyed by fire or other casualty,
it shall be the duty of the Owner of such Lot to rebuild, repair
or reconstruct the Lot and the Dwelling Unit on such Lot in a
manner which will restore them substantially to their appearance
and condition immediatelypriortothe casualty or as otherwise
approved by the ARC. The Owner of any damaged Lot or Dwelling
Unit and the ARC shall be obligated to proceed with all due
diligence hereunder, and such Owner shall cause reconstruction
to commence within three (3) months after the damage occurs and
to be completed within nine (9) months after damage occurs, un-
less prevented by causes beyond his reasonable control. A
transferee of title to the Lot which is damaged or upon which
is located a damaged Dwelling Unit shall commence and complete
reconstruction in the respective periods which would have re-
mained for the performance of such obligations if the Owner of
the Lot at the time of the damage still held title to the Lot.
However, in no event shall such transferee of title be required
to commence or complete such reconstruction in less than thirty
(30) days from the date such transferee acquired title to the
Lot.
ARTICLE X
USE RESTRICTIONS
All real property within the Properties shall be held, used
and enjoyed subject to the following limitations and restric-
tions and the exemptions of Declarant in Article XIV hereof:
Section 10.01. Single Family Residence. Each Lot shall
contain one (1) Dwelling Unit with ancillary Improvements, and
each Dwelling Unit shall be used as a residence for a single
Family and for no other purpose.
Section 10.02. Business or Commercial Activity. No part
of the Properties shall ever be used or caused to be used or
allowed or authorized to be used in any way, directly or in-
directly, for any business, commercial, manufacturing, mercan-
tile, storage, vending or other such nonresidential purposes;
except Declarant, its successors and assigns, may use any por-
tion of the Properties for a model home site, and display and
sales office in connection with the sale of Lots in the Proper-
ties by Declarant. The provisions of this Section 10.02 shall
not preclude professional and administrative occupations without
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external evidence thereof, for so long as such occupations are
conducted in conformance with all applicable governmental ordi-
nances and are merely incidental to the use of the Dwelling Unit
as a residential home.
Section 10.03. Nuisances. No noxious or offensive activi-
ties (including but not limited to the repair of motor vehicles)
shall be carried on upon the Properties. No horns, whistles,
bells or other sound devices, except security devices used ex-
clusively to protect the security of a Dwelling Unit and its
contents, shall be placed or used on the Properties or on any
public street abutting the Properties. Noisy or smoky vehicles,
large power equipment and large power tools (excluding lawn-
mowers and other equipment utilized in connection with ordinary
landscape maintenance), off-road motor vehicles or items which
may unreasonably interfere with television or radio reception
of any Owner in the Properties, and objects which create or emit
loud noises or noxious odors shall not be located, used or
placed on any portion of the Properties, or on any public street
abutting the Properties, or exposed to the view of other Owners
without the prior written approval of the ARC. The Board of
Directors of the Association shall have the right to determine
if any noise, odor, or activity producing such noise or odor
constitutes a nuisance. No Owner shall permit or cause anything
to be done or kept on the Properties, or on any public street
abutting the Properties, which may increase the rate of insur-
ance in the Properties, or result in the cancellation of such
insurance, or which will obstruct or interfere with the rights
of other Owners, nor commit or permit any nuisance thereon or
violate any law. Each Owner shall comply with all of the re-
quirements of the local or state health authorities and with
all other governmental authorities with respect to the occupancy
and use of a -Dwelling Unit. Each Owner shall be accountable to
the Association and other Owners for the conduct and behavior
of children and other family members or persons residing in or
visiting his Lot; and any damage to the Common Area, personal
property of the Association, Association Maintenance Areas or
property of another Owner, caused by such children or other
family members, shall be repaired at the sole expense of the
Owner of the Lot where such children or other family members or
persons are residing or visiting.
Section 10.04. Signs. No sign, poster, display, bill-
board or other advertising device of any kind shall be displayed
to the public view on any portion of the Properties, or on any
public street abutting the Properties, without the prior written
consent of the ARC, except (a) one (1) sign for each Lot, not
larger than eighteen (18) inches by thirty (30) inches, adver-
tising the Lot for sale or rent, (b) traffic and other signs
installed by Declarant as part of the original construction of
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the Properties, or (c) signs, regardless of size, used by
Declarant, its successors or assigns, to advertise the Proper-
ties during the construction and sales period or installed by
Declarant to denote visitor parking on the Common Area. All
signs or billboards and the conditions promulgated for the
regulation thereof shall conform to the requirements of all
applicable governmental ordinances.
Section 10.05. Parking and Vehicular Restrictions. No
Person shall park, store or keep any vehicle on any portion of
the Properties, except wholly within the garages or parking
areas designated therefor. No Person shall park, store or keep
anywhere on the Properties or on any public street abutting the
Properties, any inoperable vehicle or any large commercial-type
vehicle (other than a pick-up truck or van used for"daily trans-
portation of residents of or visitors to the Properties) in-
cluding, but not limited to, any dump truck, cement mixer truck,
oil or gas truck or delivery truck, any recreational vehicle,
camper unit, house car or motor home, any bus, trailer, trailer
coach, camp trailer, boat, aircraft, mobile home, or any other
similar vehicle or any vehicular equipment, mobile or otherwise,
deemed to be a nuisance by the Board except wholly within the
Owner's garage and only with the garage door closed. The above
excludes camper trucks and similar vehicles up to and including
three-quarter (3/4) ton when used for everyday-type transporta-
tion and subject to approval by the Board. No Person shall
conduct repairs or restorations of any motor vehicle, boat,
trailer, aircraft or other vehicle upon any portion of the
Properties or on any public street abutting the Properties.
However, such repair and restoration shall be permitted within
an Owner's garage when the garage door is closed, provided that
such activity may be prohibited entirely if the Board determines
in its reasonable discretion, that such activity constitutes a
nuisance. No parking shall be permitted which may obstruct free
traffic flow, constitute a nuisance, or otherwise create a
safety hazard. Garages shall be used for parking purposes only
and shall not be converted to other uses. Vehicles owned,
operated or within the control of any Owner or of a resident of
such Owner's Unit shall be parked in the garage of such Owner
to the extent of the space available therein, provided that each
Owner shall maintain his garage in a manner which ensures that
it is capable of accommodating at least one full-sized auto-
mobile. Notwithstanding the foregoing, these restrictions shall
not be interpreted in such a manner so as to permit any activity
which would be contrary to any ordinance of the City.
Section 10.06. Animal Restrictions. No insects, reptiles,
poultry or animals of any kind shall be raised, bred or kept on
the Properties, except that usual and ordinary domestic dogs,
cats, fish, birds and other household pets (excluding, without
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limitation, equine, bovine, sheep, swine, goats and other such
animals) may be kept on Lots, provided that they are not kept,
bred or maintained for commercial purposes, in unreasonable
quantities, or in violation of the Rules and Regulations adopted
by the Association as provided in the Bylaws. As used in this
Declaration, "unreasonable quantities" shall ordinarily mean
more than two (2) pets per household; provided, however, that
the Board of Directors may determine that a reasonable number
in any instance may be more or less. The Association, acting
through the Board of Directors, shall have the right to prohibit
maintenance of any animal which constitutes, in the opinion of
the Board, a nuisance to any other Owner. Animals belonging to
Owners, occupants or their licensees, tenants or invitees within
the Properties must be either kept within an enclosure or on a
leash being held by a person capable of controlling the animal.
Furthermore, any Owner shall be liable to each and all remaining
Owners, their families, guests, tenants and invitees, for any
unreasonable noise or damage to person or property caused by
any animals brought or. kept upon the Properties by such Owner
or by members of his family, his tenants or his guests; and it
shall be the duty and responsibility of each such Owner to
clean up after such animals which have used any portion of the
Common Area or public streets abutting the Properties.
Section 10.07. Trash. No rubbish, trash or garbage or
other waste material shall be kept or permitted upon any Lot,
- the Common Area or any public street abutting or visible from
the Properties, except in sanitary containers located in appro-
priate -areas screened and concealed from view, and no odor shall
be permitted to arise therefrom so as to render the Properties,
or any portion thereof, unsanitary, unsightly, offensive or
detrimental to any other property in the vicinity thereof or to
its occupants. Such containers shall be exposed to the view of
neighboring Lots only when set out for a reasonable period of
time (not to exceed twelve (12) hours before and after scheduled
trash collection hours). There shall be no exterior fires
whatsoever except barbecue fires contained within receptacles
therefor and fire pits in enclosed areas and designed in such a
manner that they do not create a fire hazard. No clothing or
household fabrics shall be hung, dried or aired on or over any
Lot in such a way as to be visible from any other Lot, and no
lumber, grass, shrub or tree clippings or plant waste, metals,
bulk material, scrap, refuse or trash shall be kept, stored or
allowed to accumulate on any portion of the Properties except
within an enclosed structure or if appropriately screened from
view. No plants or seeds infected with noxious insects or
plant diseases shall be brought upon, grown or maintained upon
the Properties.
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Section 10.08. View Obstructions. Each Owner by accept-
ing a deed to a Lot hereby acknowledges that any-construction
or installation by Declarant may impair the view of such Owner
and hereby consents to such impairment. No other Improvement
or obstruction shall be constructed, planted or maintained upon
any Lot in such location or of such height as to unreasonably
obstruct the view from any other Lot in the vicinity thereof.
If there is a dispute between Owners concerning the obstruction
of a view from a Lot, the dispute shall be submitted to the ARC,
whose decision in such matters shall be binding. Any item or
vegetation maintained upon any Lot which item or vegetation is
exposed to the view of any Owner, shall be removed or otherwise
altered to the satisfaction of the ARC, if it determines that
the maintenance of such item or vegetation in its then existing
state is contrary to the purposes or provisions of this Decla-
ration. The ARC shall ensure that the vegetation on the Common
Area maintained by the Association is cut at such intervals so
that the view of any Owner is not unreasonably obstructed.
Section 10.09. Temporary Buildings. No outbuilding, base-
ment, tent, shack, shed or other temporary building or Improve-
ment of any kind shall be placed upon any portion of the Prop-
erties either temporarily or permanently. No garage, carport,
trailer, camper, motor home, recreation vehicle or other vehicle
shall be used as a residence in the Properties, either tempo-
rarily or permanently.
Section 10.10. Common Area Facilities. Nothing shall be
altered or constructed in or removed from the Common Area with-
out the prior written consent of the Board of Directors.
Section 10.11. Outside Installations. No radio station
or shortwave operators of any kind shall operate from any Lot
or Dwelling Unit unless approved by the ARC. No exterior rad
antenna, "C.B." antenna, television antenna, or othr antnn
of any type shall be erected or maintained in the FroRerties.
However, a master antenna or antennae or cable television
antenna or antennae may, but need not, be provided by Declarant
for the use of all Owners, and Declarant may grant easements
for such purposes. No projections of any type shall be placed
or permitted to remain above the roof of any building within
the Properties, except one or more chimneys and vent stacks
originally installed, if at all, by Declarant. No basketball
backboard or other fixed sports apparatus shall be constructed
or maintained in the Properties without the prior approval of
the ARC. No fence or wall shall be erected, altered or main-
tained on any Lot in the Properties, except with the prior
approval of the ARC; provided, however, that an Owner need not
obtain said prior approval to maintain or replace any fence
which may be the same material, color, height, and location as
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the originally installed fence. No patio cover, wiring, or air
conditioning fixture, water softeners, or other devices shall
be installed on the exterior of a Dwelling Unit or be allowed
to protrude through the walls or roof of the Dwelling Unit (with
the exception of those items installed during the original con-
struction of the Dwelling Unit), unless the prior written
approval of the ARC is obtained.
Section 10.12. Drilling. No oil drilling, oil, gas or
mineral development operations, oil refining, geothrinal explo-
ration or development, quarrying or mining operations of any
kind shall be permitted upon or in any Lot or the Common Area,
nor shall oil wells, tanks, tunnels or mineral excavations or
shafts be permitted upon the surface of any Lot or within five
hundred feet (500') below the surface of the Properties. No
derrick or other structure designed for use in boring for water,
oil, geothermal heat or natural gas shall be erected, main-
tained or permitted upon any Lot.
Section 10.13. Further Subdivision. No Owner shall fur-
ther partition or subdivide his Lot, including without limita-
tion any division of his Lot into time-share estates or time-
share uses; provided, however, that this provision shall not be
construed to limit the right of an Owner (1) to rent or lease
his entire Lot by means of a written lease or rental agreement
subject to the restrictions of this Declaration, so long as the
Lot is not leased for transient or hotel purposes; (2) to sell
his Lot; or (3) to transfer or sell any. Lot to more than one
person. to be held by them as tenants-in-common, joint tenants,
tenants by the entirety or as community property. The terms of
any such lease or rental agreement shall be made expressly sub-
ject to this Declaration and the Bylaws of the Association. Any
failure by the lessee of such Lot to comply with the terms of
this Declaration, the Bylaws of the Association or the Rules
and Regulations shall constitute a default under the lease or
rental agreement.
Section 10.14. Drainage. There shall be no interference
with or alteration of the established drainage pattern over any
Lot within the Properties, unless an adequate alternative pro-
vision is made for proper drainage. For the purposes hereof,
"established drainage pattern" is defined as the drainage which
exists at the time that such Lot is conveyed to a purchaser from
Declarant, and shall include drainage from the Lots in the
Properties onto the Common Area.
Section 10.15. Water Supply Systems. No individual water
supply, sewage disposal system, or water softener system shall
be permitted on any Lot in the Properties unless such system is
designed, located, constructed and equipped in accordance with
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the requirements, standards and recommendations of any water
district serving the Properties, the Health Department for the
county in which the Properties are located, the ARC, and all
other applicable governmental authorities.
Section 10.16. Installation of Front Yard Landscaping.
The Owner of each Lot shall complete the installation of land-
scaping on the front yard and of his Lot, in accordance with a
plan approved by the ARC, within ninety (90) days after the
Close of Escrow for the sale of such Lot from Declarant. Each
Owner shall obtain all permits neôessary and shall comply with
all requirements of the City with respect to such work.
ARTICLE XI
DAMAGE TO OR CONDEMNATION OF COMMON AREA
Damage to or destruction of all or any portion of the Common
Area and condemnation of all or any portion of the Common Area
shall be handled in the following manner:
(a) If the Common Area is damaged or destroyed,
the Association shall cause the Common Area to be re-
paired and reconstructed substantially as it previously
existed.
(.b) If the cost of effecting total restoration
of the Common Area exceeds the amount of insurance
proceeds, the Association shall cause the Common Area
to be repaired and reconstructed substantially as it
previously existed, and the difference between the in-
surance proceeds and the actual cost shall be levied.
as a Reconstruction Assessment against each Lot and
its respective Owner.
(c) To the extent of funds available for resto-
ration, any restoration or repair of the Common Area
shall be performed substantially in accordance with
the original plans and specifications unless other
action is approved by Beneficiaries of fifty-one per-
cent (51%) of the first Mortgages on Lots in the Prop-
erties.
(d) Each Member shall be liable to the Associa-
tion for any damage to the Common Area not fully reim-
bursed to the Association by insurance proceeds which
may be sustained by reason of the negligence or willful
misconduct of said Member or the Persons deriving their
right and easement of use and enjoyment of the Common
Area from said Member, or of his respective Family and
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VICINITY MAP
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City of Carlsbad
UHL
PCD 89-1