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HomeMy WebLinkAboutPCD 89-01; UHL; Planning Commission Determination (PCD)V as to 11 !(A cg 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 CO O p im C -j C20 J A DN IUL flat HOB NR. MICHAEL HRPJNGION ZONING ENFORCEMENT OFFICER CITY OF CRLSFD 1200 ELM AVENUE CARLSBAD, c. 92008 0 -î • 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. £6 iwcei v& WIPMEM CITY OF CARLSBAD DEVELOP. PROC SERV. DIV. txbo ;~ tD K7 'VV 4 V7 . 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. :'.. . . 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 • - 9(J'S 'ñTLEICOMPANY zoioq•-! - (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 d.nL,'02-01-85 1 . 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 a 28913/JLR/C297S/16481 kj m,' C 6-0 1 - 4 . . 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 -30- 289 1S/JLR/029 7S1'l 5481 k: m/06-01-84 . . 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 _11 - 28515/JLR/0297S/16481 kjm/06-01-84 . . 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. /0011, - 2s91S/JLR/0297S/16481 kj m/O 6-01-84 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 -33- 289 1S/JLR,'0297S/16481 kjrt,'0-C1-3' . . 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 -34- 289:s,'3LR/O27s/164s1 kjm/0-01-84 . . 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 -35- 28915/JLR/0297S/16481 kj rn/O 6-01-84 w LW _ Aft I ii. 1 I. rbc' I 7~4~ IL •Sv TT Sc -I -,OAA i am Aki~ H Alho low , - - A Aloft) '3 1 0 luL 3274 Camino Coronado VICINITY MAP >- 0I ---I City of Carlsbad UHL PCD 89-1