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HomeMy WebLinkAboutPUD 09; ROBERT S PHILLIPS; Planned Unit Development - Residential (PUD)Recei pt No. 9755 -----=---Date Application Received 1-27-77 • • PLANNED UNIT DEVELOPMENT ~ (Please Print) CITY OF CARLSBAD 1. 2. R E QUE S T : Pta nne dUn i t De vel 0 pm e n t for 5/% ft:,) . 'property of approx i ma te 1 y ;;~&&l71.J7+Pl ac res. units on LOCATION: The subject property is generally located on the $aLlffi' sid e 0 f AhJadea £4ne be twe e n ~"m WSf/.a n d ~P/"174 Wto/ 3 • ' ASS E S S 0 R I·S N U M B E R : Boo k 2$ P age ~I . Par c e 1 Iv _ Book &I!'. Page~3/ Parcell;; (If more, plea'se list on bottom of page). gL11;(' 2/ff p~e g91 Para/17 4 • 0 VI N E R ( S) 0 R P R INC I P LEO F COR P. IV;!" LId, ~~~--------------------- Ro.6n $, f/J;$d2 7~2lf/cam//1o&$IM~ ~~ Cvif/Jd, {j,j ~~g name } address' j F zip I phone t!lt} 7~S .. tJ2IJ/ 5. Per.son responsible for preparation of Plan: Jm17v,&'#,w fJ!illetU"fiI?EarkvJ~CJ/B2. /mi~ ~A;Y ~% aI~/f1//I1£ cal, 9~ name . address' zip' ' phone . . . (1#)751-1"21 ,. APPLICANTS SIGNATURE:* I hereby declare that all information contained within this application is true; and that all standard conditions as indicated on the attachment have been read, understood and agreed to. Name Address Zip Phone 4 *Note: If the applicant is an agent to the property owner, a signed and notarized letter authorizing the applicant to represent the prpperty owner must be submitted with the application. The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout the Planning Stages of the Rfoposed development. In an effort to aid' the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application' and plans prior to sub·mittal. This request ;s not a -requirement; however, it may avoid major redrafting or revision of the plan which only serves to lengthen the processing time. ATTACHMENTS: ---~-~ ~ -.,"'--- Supplemental Information Form -Planning 5-:tr.r2.J \...iJG'1., 'S~:; Standard Conditions -Planning 6-2 . Preparation Check List -Planning l2-~ Procedures Planning 3-2 JAN.2 7 1977 c~ .OE CARLSBAD ~ng Department Date of Planning Commission Approval e e . SUPJ'Ltl1ENTAL INFORt1ATION FORM SPECIFIC 1'1 All/TENTATIVE SUBDIVISION MAP PLANNED UNIT III.VELOPMENT/SITE DEVELOPMENT PLAN ~PECIAL USE PERMIT 1 • G r 0 S sAc res ( 0 r s q 1/ 0 ref b b tag e i f 1 e sst han a ere) ! ~v &, 2. Number of Lots_z:ld~/-t:Jr~~;~~/#~: /~h1t1lJlof . >- 3. Type of Developmelll, ffiJ'/&l1hiJ/ .. 'sIn. ~ ~;!t. d~d (Residential, Commercia, Industrial 4. Present Zone .RI-/0~" Proposed ZoneA'/-/4ttl? (if change requested) 5. General Plan Land ""Q Designation;fZU (tJ-1-du,/;l6,) I 6. Source of Hater Sill/Ply (arl5/Jad!11tJlJ~ Weller /)J7/: 7. Method of Sewage 0 I t,po,sa 1 Leucadia, U>tlJJtq ~ f)~ 9. Transportation Modo!; Available to Service the Development __ _ u~m gP5 $Y5~an" Alt'r# '-"Milt &/5 $tj5/mJ " ----------~--,~.----------------------------------- 10. If residential devIllopment please complete the following: .. a) School Distri(;l Serving the property'~-!5/~/C#YA£ On/alJ Sch4?! 0/$/1 li!tjlJ $dJtV~~1J 1J/~o;ftJ t/n/~n fI(jIJ.5CiJtJt}/ PUr. b) . Are s c h 00 1 fa c 1 1 i tie s cap a b 1 e 0 f s e r v i n 9 t h t· s pro j e c t : __ .*5 (ldiff b~--...l!~g~~_m_f.L-') _____ ..:L.i ___ _ (Writ!en confirmation of this requirement must be recelve~ by the Planning Department at least one week.prlor to Planning Commission hearing. If not recelved by this time the request'will be denied.) 11. Methods proposed to reduce sound 1 eve1 sAItJg~ r~c,/JtJ/J J11efl,~ JJJ CLJ/7~f';n3l7a ttl;#' Oft""" 81".1" ade / tPlJd :ff/e Z7' r$ffo//6'/J1etJJTp cr me Slak. -hbtJ5'/ng;1(;/: /ViP tlAJOSlB/I1lJ/5eftllJOIW a;f$ 7Jl'lU"jJW~ .sJj~, - 12. --------------------------------------------------- Addition~~ ~heets may. bo attached if npcessary to answer any of the above questions. FORI~--.tl.2..n'l.:!i~9_ 5~_._ Date of Planning COlllmission Approvul ~ .. 8-75 ------_ .... - STANDARD CONDITIONS • CITY OF CARLSBAD • SPECIFIC PLI\N/CONDITIOflAL USE PERr~IT/ VARJANCE/PLANNED UNIT DEVELOPMENT/ SITE DEVELOPMENT PLAN/SPECIAL USE PERMIT Development shall meet all requirements of the subdivision, zoning, and building codes, laws, ordinances or regulations of the t1ty of Carlsbad, and other governmental agencies. Some of the more pertinent requirements and procedures of the City are listed below f~r your in- formation and concurrence. Please read this 1 ist carefu1,'ly and feel free to ask for further information or explanation. 1) All conditions for Conditional Use Permit, Variance, Planned Unit Development and Special Use Permit shall be co~pleted and the project commenced within 18 months from final C,ty action, unless otherwise stated as part of the approval. There is no time Jimitations for Specific Plans unless reqdired as' part of .the approval. 2) Development shall substantially conform to the approved plan. ,3) All public improvements shall be made in conformity with City Standards, to the satisfaction of the City Engineer, without cost to the City of Carlsbad and free of all liens and encumbrances. / , 4) 5) 6) 7) 8) 9) 10) 11) 12) Prior to any construction, the applicant shall submit plans to the appropriate entity providing domestic water to the proposed development, for its approval of the location, type and adequacy of water lines. Prior to any constructinn, the applicant shall obtain approval from the City Fire Department of the location and size of fi re hydrants. - The applicant shall install all required fire hY9rants and dry-stand pipes prior to framing construction, and said fire appurtenanc~s shall be functional prior to commencing such work. Street trees, as required by the City, shall be installed by the applicant at applicant's expense. Trees shall be of a type ,approved by the Parks Department and shall be installed to their specifications. If removal of any existing trees is required by the City, said removal shall be at the applicant's expense. It shall be the responsibility of the applicant to make all ~ arrangements with the Parks Department concerning the require- ments of this condition. A detailed grading plan which includes propose~ drainagB and erosion control landscaping, or other measures such as desilting basins shall be approved by the City Engineer. Immediately after grading, erosion control landscaping and/or other measures such as desilting basins shall be installed. This control may be the final landscaping if so approved. A detailed landscape and sprinkler plan shall be submitted for Planning Director's approval for all graded slopes 51 or greater in height and any other areas required by law. Prior to final building inspection clearance, all landscap- ing and irrigation systems shall be installed or adequate bonding accepte'd. Said landscaping shall be maintained in a manner acceptable to the Planning Director. No signs or advertising of any ty~e whatsoever shall be erect~d or installed until plans thereof have been app~oved by the City of ,Car.lsbad. As part of the approval proce~s, the City may modify these conditions or add others, especially those of a more specific nature. The applicant will be notified of these modifications or additions by Resolution. Form Planning 6~ /Date of Planning Commission Approval PREPARATION CHECK LIST CONDITIONAL USE PERMIT/VARIANCE • PLANNED UNIT DEVELOPMENT/SITE,DEVELOPMENT PLANS SPECIAL USE PERMIT ', .. ~ A. Documents Required for Submittal: ::, 1) Application with supplemental information sheet completed. 2) Standard condition list. 3) Photostatic copy of deed with complete legal description of subject property. 4) F i f tee n 0 z ali d p r i n t s of the p 1 a n for a 11 a p p 1, i cat ion sex c e pta' P.U.D. which requires 20 prints. 5) Environmental Impact Statement or Report with Fees (if required). 6) Fee: Conditional Use Permit, Variance and Special Use Permit -$50.00 Planned Unit Development -$50.00 plus $1.00 per unit Amendments for P.U.D. 's -$50.00 plus $1.00 per unit within area being amended Site Development Plan -$25.00 7) 300-Foot Radius Map -(not needed for Site Development Plan and Spec.,.-arUse Permit) A map to scale not less than 111 = 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. 8) Property Owners' List -(Not needed for Site Development Plan and Special Use Permit) A typewritten list of the name and address of all property owners within 300' as noted on the property owner~' map. This list must be accurate and taken frpm the latest equalized assessment roll on file in the Office of the Assessor of San Diego County, 2945 ,Harding, Room 101, Carlsbad (Phone 714-729-5959). "B. Drafti~g of Plan: 1) Sheets to be 24" x 36" with 1" border (Standard "0" size). 2) Scale to indicated: 1" = 10' is generally sufficient, however, the scale is to be appropriate for sheet size; bu~ in no case smaller than 1" = 50'. If project is too large for recommended scale, additional sheets will be necessary; and a reduced com- p 0 sit e 0 f the p 1 a n b e sub mit ted 0 n a 2 4" x 3 6" r 'e pro d u c i b 1 e . 3) North arrow oriented to top or left side of sheet. 4) Lettering must be legible. It is preferred that it be drawn by mechanical means, in ink, and heavy upper case. 5) Location map'showing the distance to the center line of the nearest intersection. 6) Title block with name and address of applicant and drafter, and pertinent information such as uses, total acreage and date prepared. C. Information on Plan 1) Proposed and existing structures: a) Proposed use of all structures ",(An general land use term,s). b) Building dimensions, setbacks and distances between buildings., c) Type of construction proposed. d) Identification of fire rated walls and fire sprinkler systems. e) Height and number of st8ries. ' f) Gross floor area per structure. g) Proposed changes and additions to existing buildings. FORM Planning . ¥ e" • 2) Existing and proposed rights-of-way, public and/or private: a) Distance from "property Tine to center line of rights-of-way. b) Widths of right-of-way. c) Location of existing and proposed sidewalks and c~rbcuts. d) Easements -type and location. 3) Parking: a) Location, size and numbered consecutively. b) Identification of loading zones. e) Dimensions of driveways. 4) Landscaping~" • a) Existing and proposed trees in the public right-of-way. b) A schedule showing types, size an~ 10cati6n of all plant materials proposed on site~ c) Indicate a permanent watering system for all landscaping areas by showing tha location of water lines. 5) Refuse pickup areas (n?t required for detached housing projects). 6) Signs: Size; location and height of existing and proposed signs. 7) Lot lines and dimensions. 8)" Location of watercourse or areas subject to flood. 9) Location of proposed storm drains or other means of drainage (grade and size). 10) Topographic contours at two-feet intervals, with indication of manufactured slope. 11) Cross section of prop0ged grading. Existing contours and proposed graded contours for all grades of 4:1 or greater shall be" shown. 12) Delineation of development phasing. D. Miscellaneous Information for Planned Unit Development Application 1) Document explaining who shall be ~esponsible for maintaining open common areas and how maintenance is to be performed. 2) Document explaining special development standards requested. For custom home Planned Unit Development, all development stand- ards listed in Section 21.45.120 shall be included. 3) Elevation of proposed buildings (not required for custom home P.U.D.'s). FORM Planning -2- Date of Planning Commission Ap 1 4/8/7~ oro v n, :1: !! 1 ) 2) ~) 4) 5) 6} 7) e. •• PROCEDURES Application to Planning Commission: In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the appliGation in its va rio U sst age s 0 f de vel 0 p ril e n t p rio r t 0 ·s u b mit tal. I tis m 0 r e effective if applicant meets directly with staff; however, written or teleph9ne communication is acceptable. It is the responsibility of the applicant to make the initial contact for such meeting. Submittal: Application will be accepted only if the applica- tion, plans and other pertinent materials are complete. Generally, the date application will be heard will be deter- mtned 5y the submittal date as indicated within the approved' Planning Commfssion calendarA Planning Commission Calendar: The Planning Commission adopts an annual calendar th~t indicates application closing dates, staff review dates, staff report completion dates, and Plan- ning Commission hearing dates. You may acquire this calendar at the Pla~ning Department. '.~ Staff Review: On the date as indicated on the Planning Commission C~lendar, City Staff conducts 'a review meeting on all items on the Planning Commission agenda. The applicant is invited to attend and to explain the project a~d respon~ to staff preliminary recommendations. Upon completion of this review, Staff will pre- pare final staff. recommendations to be submitted to the Planning Commission. The final report with recommendations will be available at the Planning Department five days prior to the Planning Commission hearing (Friday afternoon pri,'or to the Planning Commission meeting date)., Hearing: The Planning Commission meets e~ery 2nd and 4th Wednesday of the month at 7:30 p.m. or as indicated on the Planning Commission calendar. Depending on the type of appli~ cation, the Planning Commission will either make a finding and'forward to City Councilor make final action. AppealS: Final action by Planning Commission may be appealed ." tot he C tty Co u n c i1, pro vi de d s u c hap pea 1 i s file d wit h in' ten (10) days after the Planning Commission action. The applicant should review with staff the procedure on the various types of applications. 'Final Decision: The City will notify ,the applicant and property Qwner of the, final decision. r 0 1< ~'1 : r 1 ann i n 9 3 -2 D J teo f r 1 ~ n n i n 9 Co mill iss ion A P P I' 0 va' ___ 1.:Jl::L~_ .. PERNA ESCROW YOUR REFERENCE: OUR ORDER NO. : TITLE INSURANCE AND TRUST 220 "Aft STREET P.O. BOX 1150 SAN DIEGO. CALIFORNIA 92112 714-239-6081 BUYER: PHILLIPS 1010657 DECEMBER 7, 1916 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TITLE INSURANCE AND TRUST COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE. OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE FORM POLICY OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY ~E SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REfERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FRCM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORM. THIS REPORT -AND ANY SUPPLEMENTS OR AMENDMENTS THERETO-IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE Of A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITV BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AT 7:30.A.M. AS Qf NOVEMBER 26, 1976 TITLE THE ESTATE OR INTEREST IN THE LAND HEREIN~FTER TO COVERED BY THIS REPORT IS: A FEE 7;:)" 1:7 ~ -,-" ..l tJ..b::J 't.4 Jii; K V E D \.JAN 2 7 1977 .err\:; OF CARLS fla.ol1Jng Departm~~P DESCRIBED OR REFERRED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ROBERT L. PETTIT, JR. 1010651 PAGE 1 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITIGN TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY TAXE5 FOR THE FISCAL YEAR : 1976-77 INCLUDING PERSONAL PROPERTY TAX, IF ANY, fIRST INSTALLMENT : NOW DUE AND PAYABLE SECOND INSTALLMENT : NOW PAYABLE AND WILL BE DUE FEBRUARY 1, 1977 TAX FIGURES FOR : CODE AREA : PARCEL NO. : LAND : FIRST INSTALLMENT : SECOND INSTALLMENT: 1976-77 9062 215-231-16 $8,250.00 $461.35, UNPAID $467.35, UNPAID 2. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED BY THE MAP Of TRACT : 5181 FOR : SEWER AFFECTS : THE SOUTHERLY 10 FEET. 3. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION Of RESTRICTIONS RECORDED . . OCTOBER 4, 1966, RECORDER'S FILE NO. 160240 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF A~Y MORTG~GE OR DEED DE TRUST MADE IN GOOD FAITH AND FOR VALUE. NOTE: A PROVISION CONFERRING UPON RANCHO LA COSTA, INC., OR A PROPERTY OWNERS ASSOCIATION THE RIGHT TO LEVY ASSESSMENTS AGAINST SA[D LAND WHICH MAY BECOME A LIEN AS THEREIN SET FORTH. SAID COVENANTS, CONOITIGNS AND RESTRICTIONS HAVE BEEN INCORPORATED BY REFERENCE THERETO IN A DEED RECORDED : DECEMBER 13, 1966 4. A DEED HEREIN DATED AMOUNT TRUSTOR 1010657 OF TRUST TO SECURE. AN INDEBTEDNESS OF THE AMOUNT STATED · · · · : SEPTEMBER 21, 1972 $29,000.00 DAVID T. NASTASI AND ROSALIND aDEN NASTASI, HUSBAND AND PAGE 2 . . ~ TRUSTEE . ,. BENEFICIARY : RECORDED . . WIFE TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPCRATION FAYETTE K. STROUD, A MARRIED WOMAN OCTOBER 30, 1972, RECORDER'S FILE NO. 289058 5. OTHER MATTERS OF RECORD WHICH DO NOr DESCRIBE SAID LAND, BUT WHICH, IF ANY EXIST, MAY AFFECT ThE TITLE,. THE NECESSARY SEARCH AND EXAMINATION WILL BE COMPLETED WHEN A STATEMENT OF INFORMATION HAS BEEN RECEIVED FRO,..,: BUYER 1010657 PAGE 3 , ' • THE LAND REFERRED TO HEREIN IS SITUATEO IN THE STATE OF CALIFORNIA. COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOllOWS: lor ~OF LA COSTA VALLEY UNIT Ne. 4 t IN THE COUNTY OF SAN DIEGO, STATE OF C~ORNIA, ACCORDING TO MAP THEREOF NO. 5781 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, sePTEMBER 14, 1966. 1010651 PAGE 4 • . ' ..... LA COSTA VALLEY UNIT NO. 4 5781 DETAIL "~' • 170 __ Cl;~~/~f~j~ ______________________________ ~$~L~~~ __ _ _____ ~~aI~3?r~-~~~ti~---------------=====~~~O~l1a~r5 r:::.r:;:/r';' ORANGE COUNTY REGIONAL OFFICE '.l.V~!.. l\iAt,.;uFACTURERS BA~I{ ']:3.; 1201 DO\"E STREET J L. __ ----' NEWPORT BEACH" CALlFORK1." 92660 ~~-i~~~;~ ____ _ 111000 ~ 70111 S ': 1. "2 "22"1:1 45 21: I ~ ... ______ • ____ • 1 _ .. " ---~ ---~--------------~---.--------T-. ____ J ADDRess ,- CITY OF CARLSBAD 1200 ELM AVENUE " CARLSBAD, CALIFORNIA 92008 729-1181 I , AIC. NO. I DESCRIPTION AMOUNT" 1 . / -/Y)r-; -tr'}:.5:2-I C i;J-So -' ! I -; 1 I I vf -I ·1.? I -00 () -{/[,'-O! Y Vv: / rL/./ ~::..P _ ? h !!.-I h--.-' 2., L 1~?..5 ~: i I~lah (br~Ji Od Sb -i • ! v,,' .. ! ------' I -, I I ?F;lCF ji1,JED J.d .. La JL/ V I I ,J ll,N 2 7. 1971 I I I \~ I I'oITV A~ ""1\;-' r-J""\ A J W'.I_I_ Vi" vnnLl,)Qfil.) I PlannIng Department March 21, 1977 Planning Department City of Carl sbad 1200 Elm Avenue • Carlsbad, California 92008 Gentlemen: • SAN MARCOS UNIFIED SCHOOL DISTRICT 270 San Marcos Boulevard San Marcos, California 92069 744-4776 RECEiVED MJ3.R 22 1977 CITY OF CARLSBAD PlanninQ Department . ;.:) ATTENTION: Tom Hagman This letter is to indicate San Marcos Unified School District's.position relative to Tara, six homes, location, La Costa Valley Unit No.4. School services for this unit will be available in the San Marcos Unified School District, particularly in view of the fact that plans are for six single family residences, as permanent residences, with no children 17 years of age or under. Respectfully submitted, Ralph E. ellogg, Superintendent REK/js cc: Fred Morey La Costa • • LEUCADIA COUNTY WATER DISTRICT POST OFFICE BOX 2397 • LEUCADIA, CALIFORNIA 92024' 753-0155 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. Tom Hageman March 11, 1977 JIlEC~1tVED f.1.!\R 1 5 1977 SEWER AVAILABILITY LETTER CITY OF CARLSBAD F:lanning Department Project: Owner: Developer: Map/Project Description: Gentlemen: Tara La Costa Robert S. Phillips H.D. O'Hara CT 77-3, PUD-9 being described as 6 residential dwellings This is to advise you that the property referenced above is located entirely within the boundaries of the Leucadia County Water District." Sewer service is available to"the property at the present time'provided arrangements are made by the owner, at his expense, of the necessary on-site and off-site sewerage system to serve the property .. Sewer service is also subject to the payment of applicable connection charges, service lateral charges and monthly sewer service charges. This letter is based upon current conditions and is not a representation or promise that the District will provide sewer service at a future date. This letter shall expire and shall be of no further force or effect: if the tenta- tive subdivision map is not approved within six (6) months of the date hereof: or eighteen (18) months after approval or conditional approval of the tentative subdivision map if a final map is not filed within that period. This letter pertains solely to the proposed project as described above and does not extend to revisions of the project which affect the sewer system or sewer capacity. This letter is not transferable to any other owner or developer without the prior written consent of the District. cc: H.D. O'Hara Yours very truly, LEUCADIA COUNTY WATER DISTRICT c:;;;;;r;uJ ~~ Richard E. Hanson Secretary-Manager DISTRICT OFFICE: 1960 LA COSTA AVENUE· CARLSBAD, CALIFORNIA ':: """"''--~~-!''''-'''''''''''''''''''''--.-----.---...... -.". __ -_.;O~ ,_, "~~~~,Io~'0'2 . KrtazhVJ 7/U/ 71 ~ TiC\v1V\~ W¥. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS [Th"RA LTD J'- THIS DECLARATION, made on the date hereinafter s~t forth by GREENCASTLE LTD., a CaJifornia corporation, hereinafter referred to as "Declarant". WI.TNES SETH: WHEREAS, Declarant is the owner of certain property in the City of Carlsbad, Co~nty of San Diego, S-tate of California, which is more particularly described on Exhibit "A" attached hereto Clnd made a part hereof, hereinafter called· the "Real Property". NOW THEREFORE, Declarant hereby declares that all of the properties described abov~ shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS Section 1. 01. "Association" shall mean and refer to TARA LTD. HOMEOvlNERS ASSOCIATION, its successors and assigns. Section 1. 02. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the properties, including con- tract sellers, but excluding those having such interest merely as security for the performance of an obligation. -1- Section 1.03. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association by annexation as provided herein. Section 1.04. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the Owners. The Common Area shall consist of all of the real property not conveyed as Lots to Owners (to wit, Lot 7 and any other property or interest therein later conveyed to the Association). Title to the, 171 Common Area shall be conveyed to the Association upon the conveyance of the first Lot to an Owner. Section 1.05. "Lot" shall mean and refer to any plot of land or parcel shown upon any recorded subdivision map of the Properties excepting any Property which is within the Common Area. Section 1.06. "Declarant" shall mean and refer to GREEN- CASTLE LTD., its successors and assigns if such successors or assigns should acquire more than one (1) undeveloped Lot from the Declarant for the purposes of development. ARTICLE II PROPERTY RIGH'I'S Owners' Easements of Enjoyment Section 2.01. Every Cwner shall have a non-exclusive right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lo't r subject to the following provisions: (a) The right of the Association to charge reasonable admission and o-:'hcr fees for the Use of any recreational facility situated upon the Common AreJ.i (b) The right of the Association to suspend temporarily the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against -2- his Lot remains ~npaidi and for a period not to exceed thirty (30) days for any infraction of its pub~ished rules and regulations after hearing by the Board of Directors of the Association. (c) The right of the Association to dedicate or transfer all or any part of the Conunon Area to any public agency, authority, or utili ty for "such purposes ilnd subj ect to such condi tions as may be agreed to by the members. No such dedication or transfer shall be effective except upon the vote or written assent of t~o-thirds (2/3) of the total voting power of the Association. (d) The right of the Association to promulgate rules and regulations to ensure reasonable use of the Common Area. Delegation of Use Section 2.02. Any owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members o'f his family, his tenants, or contract purchasers who reside on the property. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 3.01. Every Owner of a tot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated 'from ownership of any tot which is subject to assessment. Section '3.02. The Association shall have two classes of voting membership: Class A Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons, shall be members. The vote for such Lot shall be exercised as they among themselves dete~TIine, but in no event shall more than one vote be cast with respect to any Lot. -.~ ',- .~ Class B The Class B member shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs earliest: (a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; (b) Two (2) years from the date of the issuance of the most recent Public Report for a phase of the overall development; or (c) On June 1, 1981. ~ ARTICLE IV COVENANT FOR l1AINTENANCE ASSESSl'-1ENTS Creation of the Lien ~Dd Personal Obligation of Assessments Section 4.01. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is Aeemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special as?essments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, to- gether with interest, costs, and reasonable attorney's fees, shall be a charge on the Lot, and shall be a continuing lien upon the property against which each such assessment is made. Each 'such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the' time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his bona fide and for value successors in title unless expressly assumed by them. -4- , ,e ., " Purpose bf Assessments Section 4.02. The assessments le~ied by the Association shall be used excJusively to promote the recreation, health, safety, and welfare of the resident~ in the Properties and for the imp~ove- ment and maintenance of the Common Area, and of the homes situated upon the Properties. Maximum Annual Assessment Section 4.03. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be $ per Lot. (a) From and after January 1 o:E ·the year immediately followins the conveyance of the first Lot.to an Owner, the maximum annual assess- ment may not be increased each year more than ten percent (10%) above the maximum assessment for the previous year, and no special assess- ments to defray the costs of any action or undertaking on behalf of thE Association which in the aggregate exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year may be made without the vote or the written assent of a majority of Class A members. Every general special assessment shall be levied on the same basis as that prescribed for regular assessments. These provisions regarding special assessments do not apply in the case where the special assessment is a remedy used by the Board to reimburse the Association for costs incurred in enforcing compliance with the governing instruments. (b) The Boarj of Directors may fix the annual assessment at an amount not in excess of the maximum. Special Assessments for Capital Improvements Section 4.04. In addition to the annual assessments authorizec above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, i~ whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided thai any such assessment shall have the vote or written assent of fifty-one percent (51%) of each class of members. -5- No tice and Quorum Por Z\.ny hc tion 1\ u thor i zed Und'2r Sec tions 4.03, 4.0 tl Section 4.05. 1\ny action authorized under Section 4.03 or 4.01 shall be taken at a meeting called for that purpose, written notic'2 of which shall be sent to ull members not less than thirty (30) nor more than sixty (60) days in advc\nce of the' moeting. If the pro- posed action is fuvored by a majority of the votes cast at such meeting, but such vote is less than the requisite fifty-one percent. (Sl~,) of each class of In(:cmbers, mombers who \.;ere not present. in porson or by proxy may give their assent. ill writing, provided the sume is obtained by the appropriate officers of the Association not later than thirty (30) days from the Gate of such meeting. Uniform HZlte of Ass:.:?ssrnent Section 4.00. Doth annual and special assessments must be fixed at a uniform rate for all Lots Zlnd may be collected on a monthly basis. The Declarant and his successor in interest, if ilny, is an Owner subject to puYlClent of the abovl~ for the interests he o\vns. Date of COJTUnenCL'lll(;nt of Annual A:3sessrnents: Due Diltes Section 4.07. The unnuul ussessrnents for ull phuses provided for herein shull commenCE; as to all Lots on the first duy of the month following the conveyunce of the Common Area. The first annuul ussess- ment shall be adjusted according to the number of months remuining in the calendar yeur. The Board of Directors shull fix the amo.unt of the annuul assessment againsl each Lot at leust thirty (30) duys in udvance of each annuu1 assessment period. Written ~oticc of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Dourd of Directors. 'The Association shall, upon demand, and for il reusolluble charg'2, furni~jh a certificilte siCJned by un officer of the Association setting forth whether the assessments on a specified Lot have been paid. ~~r[_~ct c~ Nonpuymcnt of Assessments: Ref.led ies of the l~s soci a tion Section 4.08. J\II1' us';e:::;~:imcnt not p<1icl vli.thin thirty (JO) duys after the due date shall beur interest from ~he due date at the rate. of seven percent (7 %) per unnum. '1'110. As s'oci a tion may hd ng -6-0')3177 - an action at law against the Ownor p(~rsonally obligated to pay th(:" sam~ and/or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Comrnon Area or abandonment of his Lot. Subord.i_nati<?~1 __ of tho Licn to Mortgages Section 4.09. Tho lien of the assessments provided for herein shall be subordinate to the lien o~ any first mortgage made in good faith and for value. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lion of such assessments as to pay- ments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assess- ments thereafter becoming due or from the lien th.ereof. Exempt Property Section 4.10. All properties dedicated to, and accopted by, a local public authority and all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of California shall be exempt from tho assessments created herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessments. ARTICLE V APCHITECTURAL CONTROL Section 5. 01. Architectural Cor1 l:rol Corruni t tee (a) There shall be an Architectural Control Committee consisting of not loss than three (3) nor more than five (5) persons. (b) The Declarant may appoint all of the original members of the Committee and all replacem,ents until the first anniversary of the issuance of a public report for the sube:1ivision. The Declarant may reserve to himself the power to appoint a majority of the members of the Committee until ninety percent (90%) of all tho subdivision interests in the overall development have been sold or until the fifth anniversary of the i$suance of the final public report for the first (or only) phase of the subd~vision, whichever first occurs. -7- " ,r, (c) After one year from the date of the sale of the first subdivision interest, the Board of Directors of the Association shall have the power to cJ.PPOil1t one member of the Archi lectural Control Comrni : .. tee until ninety percent (90%) of all of the subdivision interests in the overall development have been sol~ or until the fifth anniversary date of the issuance of the final public report for the' first (or only) phase of the subdivision, whichever first occurs. Thereafter, the governing body of the l\~,sociiJ.tion shiJ.ll have the power to appoint all of the members of the ArchitecturcJ.l Contro] Committee. (d) Members iJ.ppointed to the Architectural Control Con~ittee by the Board of Directors shall be from the membership of the l\ssocia- t.ion. Members of the Corillni ttE:~e appoin ted by Decla.rant need not be members of the Association. Sectioll 5.02. tion or _~!:2:r:(:J_~ J.~._!:..~E? ___ exter ior of a.ny huildin<], fence, wall, __ or othgE structure erected iJ.nd pliJ.ced upon any Lot or upon the Comsnon .. Area ,nor. make any altercJ.tion, modi£i~ation or chiJ.nge as to any tree, s)lrub, plant or other landscaping upon anj! Lot 0r. __ uPc:~ __ tl~2:._S:.~rrlrl:on AreQ, unless and until such change shall have Leen approved in writing by the then ---- Owners of all (100%) of the Lots in the subdivision. as to qualit.y of workmanship and mateJ:ials, harmony of: exterior design wil:h existing s_:truc,tures,. -,~nd __ a_s_ .. ~C? location wi th respect to toposr<lphy and finish .. _. ---.-.. -----------_._----------_.-... _. ----. ----------_._--------} grade elevations. 5.02.1. The chang ing of the interio.r .. des ign,1---. --"--... ----------.---._. ----------. that such change is not visible from outside of such building shall not constitute "a ltc;ration" within the meaning of Paragraph 5.02. Section 5.03. Decisions of the Committee under this l\rticle ~ .. s11a.ll be solely advisory in nature and not binding except upon the w r itt e n ass (" n t 0 faIl (10 0 ~i) a £ t. h e Ow n e r s . The Committee's approval or disilpproval shull be in vn.-itinc:r. In tbe eve::nt the Conuni ttee fails to recommend approval or recommend disapproval within thirty (30) days after plans, spe::cifications and plats have been submitted to it, such [a il ure \'1 ill cons ti tu te nei ther a reconuncnded approve11 nor a recom- mended disapproval. -8-05 l1 1'1 ). 0. ,. r ~' ARTICLE VI USES Section 6.01. No outdoor television or radio antenna shall be erected, altered, placed or permitted on any of the Lots or on the Con®on Area without the prior approval or consent thereto of the Board. Section 6.02. The Common Area shall not be used except for the purposes of ins~alling, erecting, constructing and maintaining thereof (i) swimming pool(s), tennis court(s) and other recreational facili ties, (ii) grass, flowers, shrubs, trees and other landscaping appurtenances, (iii) utilities' transmission facilities, provided the same (except for transformer boxes and similar equipment not erected on poles, derricks or similar supports) are installed underground, (iv) streets, roads, sidewalks and paths for vehicular and pedestrian ingress and egress and parking and the usual and normal appurtenances thereto and (v) directional signs. Section 6.02.1 The Common Area shall be used as open space and for recreational facilities for the usc and benefit of the members of the Association and their guests. Section 6.03. None of the Lots shall be used except for residen~ial purposes; no building shall be erected, altered, placed or permitted to remain on any of the Lots other than one single- family dwelling and a private garage for automobiles. Section 6.04. As to each Lot and Common Area: 6.04.1. No improvement shall be erected, alterec placed or permitted to remain in violation of any applicable ordinance.' 6.04.2. No structure of a temporary character, basement, shack, garage, or other outbuilding shall be used for resi- dential purposes either temporarily or permanently. 6.04.3. No truck trailer, boat or camper shall be permitted to remain, unless the same be within a garage. -9- 11 = .' 6 .04.4. No animuls or birds or any kind _~llalJ,_ be ruised, bred or kept, excepting household pets. Solely as a house- hold pet, each Owner shall be restricted and limited to no more than three (3) _ sma~l a?9 s (-:;ach not to exceed thirty (30) pounds) , and/or no _. more thun two (2) bi rds, anc./or. __ nomore than one (1) cat und/or other _ species of domesticated pet. G.04.5. No noxions or offensive activities shall be carred on, nor shall anything be done which may be or may be- come an annoyance or nuisance; normal and usual construction activities associat~d with the installation or repair of any improvement permitted by this Declaration shall nol constitute noxious or offensive activity or any annoyance or nuisan-:::e within the meaning of this Paragraph. 6.04.6. No oil drilling development opera- tions, oil refininy, qUilrrying, or mining operations of any kind shall be permitted, nor shall oil wells, tanks, tunnels, or mineral cxcava- tions or shafts be permitted. No derrick or other structure designed for use in boring oil or natural gas shall be erected, maintained or permitted. ARTICLE VII EXTERIOR MAINTENANCE Section 7.01. In the event an O\·mer 6f any Lot in the Properties shall fail to maintain the premises and improvements situated thereoh in a manner satisfactory to the Board of Directors, the Association, after opproval by two-thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon sai~ parcel and to repair, maintain, and restore the Lot and the exterior of the bui1dinys and any other improvements erected thereon. The cost of such exterior ma.intenance shall be added to and become part of the Cl3sessment to which suell Lot is sub:iect. Section 7.02. In Lhe event of dall1<'lge or destruction to improvements upon on 0\'111(,):' s Lot, the Owner thereof shall recon- struct the same as soon ClS reasonably practicable ~nJ substantially -10-053177 in accord with the origin~l pl~ns and specifications therefor; provided, however, that any such Owner may, with the written consent of the Board of Directors of the corporation and the Architectural ComIni ttee·-,·. recons truct or repair his improvements purs uan t to new or changed plans and specifications. In the event the Board of Directors and. Architectural Committee fail to approve or disapprove such changed plans and specifications within sixty (60) days of the receipt thereof, they shall be deemed to have been approved. ARrrICLE VIII COHJl10N AREA -CONVEYANCE AND H1PROVEMENTS Conveyance to Association Section 8.01. The Common Are~ shall be conveyed to the Association coincident with the conveyance by Declarant of the first Lot to an Owner. Each Owner of a Lot shall h~ve a one-sixth (1/6) undivided interest in the Common Area. Declarant may reserve e~se- ments in the Common ]\rea unto itself f6r a reasonable duration for common driveway purposes, for drainage and encroachment purposes, and for ingress to and egress from the Common Area for the purpose 'of completing improvements or for necessary repair work and for entry onto adjacent property in· connection with subsequent phases of the Project. Completion of Improvements Section 8.02. If planned Common Are~ improvements included in the subdivision offering have not been completed prior to the issuance of the Public Report and the Association is the obligee under a Bond or other arrangement to secure performance of Declarant to complete the improvements: -.~ 8.02.1. The Board of Directors shall consider and vote on the question of action by the Association to enforce the ob~igations under the Bond with respect to ~ny improvement for which -11- a Notice of Completion has ·not been filed within sixty (60) days after the completion date specified, for th&improvement in the Planned Construction Statement appended to the Bond. If the Association has given an extension in writing for the completion of any Common Area improvement, the Board of Directors shall be directed to consider and vote on the aforesaid question if a Notice of Com- pletion has not been filed within thirty (30) days after the expira- tion of the extension. 8.02.2. A special meeting of members for the purpose of voting to override a decision by the Board of Directors not to initiate action to enforce the o~ligntions under the Bond or on the failure of the governing body to consider and vote on the question. The reeeting shall be required to be held not less than fif- teen (15) days nor more than thirty (30) days after receipt by the Board of Directors of a petition for such a meeting signed by members representing a prescribed percentage of ten percent (10%) of the total voting power of the Association. 8.02.3. A vote by members of the Association other than the subdivider a~ the special meeting called for the purpose set forth in 8.02.2. above. 8.02.4. A vote of a majority o~ the voting powe of the Association resijing in members other than the Declarant to take action to enforce the obligations under the Bond shall be deemed to be the decision of the Association and the Board of Directors shall thereafter implement this decision by initiating and pursuing appro- priate action in the name of the Association. Damage or Destruction of Common Area -Condemnation Section 8.03. If any improvements on the Common Area are damaged or destroyed by fire or other casualty, then: 8.03.1. If the cost of repairing or rebuilding does .not exceed the amount of available insurance proceeds by more -12- l than One Thousand Dollars ($1,000.00), the Board of Directors of the Association shall thereupon contract to repair or rebuild the damaged portions of the Corrunon Area substantially in accordance with the original plans and specifications therefor. 8.03.2. If the cost of repairing or rebuilding exceeds the amount of availab10 insurance proceeds by mora than One Thousand Dollars ($1,000.00), and if the members of the Association holding in aggregate more than fifty percent (50%) of the voting power agree to the repair or restoratioD of the project, then tho Board of Directors of the Association shall contract as provided in Section 8.03.1. above. If said members do not so agree, then all insurance pro- ceeds shall be paid to the account of tho Association to be lleld for the benefit of the Owners and/or their mortgagees as their respective interests shall appear. 8.03.3. If a bid to repair or rebuild is accept· the Board of Directors shall levy a special assessment in proportion to the interest of each Owner in the Common Area to make up any deficiency between the total insurance proceeds and the contract price for such repair and rebuilding, aLd such aJsessment and all insurance proceeds, whether or not subject to liens of mortgagees, shall be paid to the account of the Association to be used for such rebuilding. 8.03.4. If all or any portion of the Common Area is taken by any governmental body or agency under its power of eminent domain (or threat thereof) then ~ll compensation and awards paid by the condemnor shall be paid to the account of the Association, to be held for the benefit of the Owners and/or their mortgagees as their respective interests shall appear. ARTICLE IX Bn.EACH Section 9.01. A breach of any of the covenants, conditions and restrictions contained ip this Declaration which is not cured within"fifteen (16) day~ from the date notice of such breach is given by the Board of Directors or Declarant to the Owner on whoSE~ Property such breach occurs, or whose act or omissiol1 .. , 1 .. - constitutes such breach shall give to Declarant, any Owner and the Board of Directors or its successors the remedies hereinafter set forth. Section 9.02. A breach as set forth in Section 9.01 above and the continuation of any such breach may be enjoined, abated or remedied by appropria~e proceedings in law or equity by any Owner, by Declarant or the successors in interest of Declarant or by the Board of Dire=tcrs. It is hereby agreed that damages at law for such breach are inadequate. Section 9.03. The results of every act or omission which are a breach as set forth in Section 9.01. above are hereby declared to be and constitute a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shall be applicable against every such resvlt and may be exercised by any Owner, by Declarant or i~s successor in interest as the Owners of said right of re-entry, or by the Board of Directors. Section 9.0~. The remedies herein provided for breach of the covenants contained in this Declaration shall be deemed cumulative, and none of s 11ch remedies shall be deemed exclusive. Section 9.05. The failure of Declarant, the Board of Directors or any Owner to enforce any of the covenants contained in the Articles of this Declaration shall not constitute a waiver of the right to enforce ~hc same thereafter, nor shall such failure result in or impose any liability on Declarant. Section 9.06. A breach of covenants contained in the Articles of this Declaration shall not affect or impair the lien or charge of any bona fide mortgage or deed cf trust made in good faith and for value on any property; provided, however, that any subsequent Owner of such property 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 fo~eclosure or deed in -14- - 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 noncurable or was a type of breach which is not practical or feasible to cure. ARTICLE X GENERAL PROVISIONS Enforcement Section 10.01. (a) The Association, or any Owner, shall have the right to en~orce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of the Declara- tion. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver or the right to do so thereafter. Section lO.Ol(b) Tnere is no purported power in the Asso- ciation to cause a forfeiture or abridgement of an owner's rights to the full use and enjoyment of his individually-owned subdivision interest on account of a failure by the owner to comply with provisions of the governing instruments or of duly-enacted rules of operation for common areas and facilities except where the loss or forfeiture is the result of the ~udgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under a power of sale for failure of the owner to pay assessments levied by the Association. Section lO.Ol(c) The Board may impose moneta~y penalties temporary suspensions of an owner1s rights as a member of the Association or other appropriate discipli.ne for failure to comply with the governing instruments provided that the accused is given notice and the opportunity to be heard by the Board with respect to the alleged violations before a decision to impose discipline is reached. -15- ',' Severability Section 10.02. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Amendment Section 10.03. The covenants and restrictions of this Declaration shall run with and bind the land, foi a term of twenty (20) years from the date L11is Declaration is recorded, after which time they shall be auto~atically extended for 'successive periods of ten (10) years. This Declaration may be amended by the vote or written consent of members representing sixty-six and two-thirds percent (66-2/3%) of the voting power of both classes of membership, However, the percentage of voting power necessary to amend a specific clause or provision shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. Articles or Bylaws may be amended by the vote or written consent 01 members represen~ing not less than fifty-one percent (51~) of a quorwn of members other than the subdivider and not more than fifty-one percent (51%) of the voting power of the Association residing in members other thcJ.n the subdivider, subject only to the qualification set forth above with respect to particular,provisions containing prescribed percentages of voting power required for action to be taken. Annexation Section 10.04. (a) Additional land adjacent to the subject real property may be annexed by the Declarant without the consent of the members within three (3) years of the date of this instrwnent. Section 10.04. (b) 'l'hereafter, provisions to effect annexa tic -16- r of other real property to the ~xisting subdivision shall require the vote or written assent of not less than sixty-six and two thirds percent (66-2/3%) of th~ total votes residing in Association members other than the Declarant unless the proposed annexation is in con- formance with a plan of phased or staged development which is set forth in detail herein for the first phase of the subdi~i~ion. A plan for annexation for a phased or staged development will not be approved unless the Declarant has demonstrated to the satisfaction of the Commissioner that the proposed annexation will not result in the overburdening of common interests and shall ordinarily include the following limitations on the power of the subdivider to Clnncx real property to the existing subdivision without approval of the owners other thCln the subdivider as set forth above: (A) The reCll property subject to annexation shall be identified by legal description. (B) The proposed Clnnexation must be effected prior to the third anniversary of the original issuance of the most-recently-issued public report for a phase of the development. Section 10.04 (c) Annexation without the approval of owners other than the Declarant ~ill not ordinarily be permitted by the Commissioner unless the Declarant has demonstrated to the Commissioner' satisfaction that the proposed annexation will not result in a sub- stantial increClse in assessments against existing owners which was not disclosed in subdivision public reports for the phases of the subdivision in \lhich the existing owners purchased subdivision interests. Section 10.04 (d) "Declarant may at a future time or times expand the project to include Phase 2 and/or Phase 3 so as to pro- vide for additional single family residential units similar in construction and "desigri to the units constructed in"Phase 1. It is estima ted tha t Phase 2 will contain approximately two (2) single -17- family units and that Phase 3 will contain approximately six (6) singl~ family units, each of which shall complement the units in Phase I so that all of the residential units within the cxpanJed Project shall constitute an integrated and architecturally balanced Project. If, and when, at such time as Phase 2 and/or Phase 3 is included in the Project, the Project shall be referred to as the "Project as Expanded." By reason thereof, Declar'ant hereby states that he may, in connection with the contemplated expansion of the Project, to include the property encompassed in Phase 2 and Phase 3 so as to provide for the imposition on such property at such time as the Project is expanded, of mutually beneficial restrictions under the general plan of improvement for the benefit of all of the residential units in the Project as expanded, and their then future Owners and to provide for the reciprocal restrictions and easements among, and for the bellefit of, all of the units and Owners in the Project as Expanded. Therefore, Declarant hereby declares that at such time as the Project is expanded to include Phase 2 and/or Phase 3, subject to the conditions precedent set forth below, such parcels so included in the Project as Expanded shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and improved subject to the foregoing covenant~ conditions ahd restric- tions set forth in this Declaration of C6venants, Conditions and Restrictions, all of which are hereby declared and agreed to be in furtherance of a mutual plan for the improvement and sale of the units in the Project as Expanded and are hereby established and agreed upon for the purpose of enhancing and perfecting the value, desirability; and attractiveness of all the property in the Project as Expanded, as follows: Section 10.04 (e) The project may be expanded, if at all, prior to expiration of three (3) years after issuance by the Department of Real Estate of a Final Subdivision Public Report cove~ing the Project. The provisions of this paragraph shall become -18- ~-------~ effective upon, but not before, the recording in the Office of the County Recorder of San Diego Count~, California on or before three (3) years after issuance of a Final Public Report of a certificate signed and,acknowledged ty Declarant which (i) describes the Project, as Expanded; (ii) refers to tllis Declaration of Covenants, Conditions and Restrictions; and (iii) declares that it is desired and intended that the provisions of this paragraph shall become effecitve and, therefore, that the Declaration of Covenants, Conditions and Re- strictions shall apply to and affect the Property described in the Certificate. Declarant reserves the right at any time and from time to time, without requesting or receiving the consent of the then Owners of any portion of the Real Property with which this Declara- tion of Covenants, Conditions and Restrictions is concerned, to re- subdivide, amend the subdivision map, modify, alter or othelwise change details of the Project. Restrictions of Alienation Section 10.05. (a) Any provision in any of the governing instruments of the Associati0n which purports to restrict or abridge, whether directly or indirectly, the right of any OWner to sell or lease his subdivision interest must include uniform, objective standards for invoking the restriction upon sale or lease, none of which shall be based upon the race, color, creed, national origin or sex of the vendee or lessee. Section 10.05. (b) If the Owner gives notice to the Association of the terms of a bona fide offer by a person who does not meet the ~rescribed standards and of his intention to accept the offer, the Association may have a period of not to exceed fifteen (15) days after receipt of the notice to procure or to make an offer on terms not less favorable to the Owner than the terms of the offer of the person failing' to meet the prescribed standards. -19- Section 10.05. ( c) If the Association does not procure an offer or make an offer on its own behalf within fifteen (15) days after receipt of the aforesaid notice, the restrictions shull be deemed waived and the Owner may thereafter sell to any person provided that the terms of sale ure not less favorable to him than the terms of the original offer which failed to meet the prescribed standards. IN WITNESS ~'lHEREOF, the unders igned, being the Declarunt herein, has hereunto set its hand and seal this day of , 1977. ----------------------- GREENCASTLE LTD., a California corporation Dy __ ~ __________ ~.~ ________________ __ Robert S. Philips, President D Y _______ -::----:= Maureen A. Philips, Secretary-Treasurer STAT:C OF CALIFORNIA ), ) s s . County of San Diego ) On , 1977, before me, the under- signed, a Notary Public in and for the County of San Di~go, State of California, residing therein, duly commissioned and sworn, personally appeared ROBERT S. PHILIPS and Ml\.UREEN A. PHILIPS, known to me to be the President and Secretary-Treasurer respectively of the corporation that executed, the within instrument, and also known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its Bylaws or a resolution of its Board of Directors. IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and year first above written. Not.ary Pub 1 ic (Sf.::AL) -~o- 4 , LEGAL DESCRIPTION: Lots 1-7, Carlsbad Tract No. 77-3 (Tara La Costa) being a subdivision of Lots 187, 188 and 189, of La Costa Valley unit No.4, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 5781, filed in the office of the County Recorder of San Diego County, California September 14, 1966. EXHIBIT "A"