HomeMy WebLinkAboutSDU 97-13; Franklin Mother-in-Law Quarters; Second Dwelling Unit (SDU) (2)NOTICE OF REQUEST FOR A SECOND DWELLING UNIT PERMIT
Notice is hereby given that a second dwelling unit permit has been applied for to allow a second
dwelling unit on property generally located at, 2323 Kimberly Court, Carlsbad, California,
Assessor’s Parcel Number(APN): 167-53 1-28-00
If you have any objections to the granting of this Second Dwelling Unit Permit or wish to have
an informal hearing to discuss the request, please notify the Planning Department, 2075 Las
Palmas Drive, Carlsbad, California 92009, in writing within 10 days of the date of this notice. If
you have any questions, please call Christer Westman in the Planning Department at 438- 1 16 1,
extension 4448..
> CASE NO.: SDU 97- 13
CASE NAME: FRANKLIN MOTHER-IN-LAW QUARTERS
DATE: October 3, 1997
CITY OF CAQSBAD
PLANNING DEPARTMENT
”””””””“”””””“””””
TEE ENCLOSED IS A RESPONSE OF OBJECTION TO THE GRANTING OF A SECOND
DWELLING UNIT. THEY ARE A COPY OF THE RESTRICTIONS FOR BRENTWOOD
EEIGZITS HOMEOWNERS, P
2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 (760) 438-1161 - FAX (760) 438-0894 a9
Recording Requested By and When Recorded Return To:
MqDONALD, HECHT & SOLBERG
Mr. At John Hecht
1100 Financial Square
600 “Bn Street San Diego, California 92101
DECLARATION OF RESTRICTIONS
FOR
BRENTWWD HEIGETS
ea. In the 4. Q. event that any taxes are assessed against the Common Maintenance Area or the personal property of the Corporation rather than against the individual Lot, said taxes shall be added to the annual assessments and, if necessary, a special assessment may be levied against each Lot in an aggregate amount equal to said taxes, to be paid in two (2) installments, thirty (30) days prior to the due date of each tax installment.
1
CTIONS
Section& 0 Use of Pronertv. No building shall be erected, constructed, altered or maintained on any Lot other than a single residence for a single-family (including guests and
household servants), with customary and suitable outbuildings as permitted by law and the ARC: provided, however, during that period of time commencing when the Lots are first offered for
sale to the public and ending when all Lots on the Property are sold and conveyed by Declarant to separate Owners thereof, Declarant may use any Lot owned or leased by it for model home and sales office purposes.
Section 5.3. Location of Structures. Construction of any and every nature shall be confined to and take place only within the building limits of each Lot, as allowed by the City of Carlsbad and the ARC. The location and design of swimming pools, covered gazebos and other outbuildings, as well as the main
structures upon each Lot, must be approved in writing by the ARC
prior to any construction or preparation for construction
thereon.
i -3. mivision of Lot#. No Lot shall be resub%zdz: zr split into areas of a smaller size than the size of the original Lot at the time it is conveyed by Declarant to a purchaser. Nothing herein stated shall be interpreted to disallow a boundary adjustment when no new parcel is being
created.
section- itatioq. No structure shall be placed nor maintained, nor shall landscaping be allowed to grow upon any Lot in such a manner as to substantially impair the view from 0th- Lots. The term "structures" shall include fences. No landscaping shall be allowed to exceed the height of any resi- dence on any of the Lots located west of Celinda Drive.
No structure exceeding more than one (1) story in height
shall be built on any of the following Lots: 16, 17, 18, 19 or
20. No landscaping shall be allowed to exceed the height of the
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j including, but not limited to, the storage of any materials which miqht create an insect pest control problem, or the ill- maintenance of any plant or landscape materials.
(a) Livestock. No horses shall be kept on any Lot. No farm animals, livestock, poultry or fish of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other common household pets and fish or tropical fish may be kept, provided that they are not kept, bred or maintained for any comer- cia1 purpose or in unreasonable quantities, and provided that they do not become a nuisance to the Owners or occupants of other Lots. Pets must be kept within Lot boundaries or on leash or tether when out of Lot boundaries.
(b) TemDorarv Structures. No tents, shacks, trailers, basements, garages or outbuildings shall at any time be used on any Lot as a residence, either temporary or permanently; nor shall any residence of a temporary character be constructed, placed or erected on any Lot.
(c) Fences. As provided in Section 6.2 (d) of Article VI below, side or rear yard fences will be permitted on any Lot where, in the opinion of the ARC, such a fence or enclosure, as a structural, protective or aesthetic feature of a design concept, will
contribute to the character of the area. In no event shall side or rear yard fences be permitted within the Common Maintenance Area, nor shall any fence block access to the Common Maintenance Area or impair the view from adjacent Lots. The ARC may require as a condition of approval of any fence that a gate or other mode of access to the Common Maintenance Area be provided. Open fences may be permitted as provided in Section 6.2(d) of Article VI below.
Any fences along the westerly boundary of CARLSBAO TRACT 83-20 shall be limited in construction
and materials to those shown on Exhibit attached
hereto and dated November 24, 1986. This paragraph is intended to benefit those Lots within the Additionally Benefited Property from which views would be affected
by any violation of the restrictions stated in this
paragraph.
(d) pence Deer-n Hainteagnce Area. Declarant shall, on or before completing a dwelling
unit on any of Lots 27 through 32, erect a fence along
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