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Home My WebLink AboutSP 19H; TOYOTA CARLSBAD; Specific Plan (SP), CITY OF CARLSBAD '\LAND USE ~EVIEW APPLICATION FOR PAGE 1 OF 2 \ . , APPLICATIONS APPLIED FOR: (CHECK BOXES) \ (FORDEPT USE ONLy) D Master Plan D Ge.neral Plan Amendment 00 Specific Plan Ame~-I-~ \ 9(14) 0 Local Coastal Plan Amendment D Precise Development Pian [J Site Development Plan 0= Tentative Tract Map 0= Zone Change , D Planned Development Permit 0 Conditional Use Permit D' Non-Residential Pl~nned Development D' Hillside Development Permit D Condominium Permit 0' Environmental Impact' Assessment D Special Use Permit -0 Variance '. -, D Redevelopment Permit ,0 Planned Industrial Permit D +eatIHPre PaFeel Map 0 Coastal Development Permit Obtain from Eng. Dept D Administrative Variance 0 Planning Commission D,eterrnination CJ Administrative Permit -2nd Dwelling Unit. 0 List-any other applications not specificed .' 2) LOCATION OF PROJECT: ON THE South SIDE OF CannOn (NORTH, SOUTH EAST, WEST) (NAME OF. STREET) ...---------..,--------"1, BETwEEN I Paseo D~-l Nort~ AND I Ca:r Country Drive (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: ",Lot. 1, Tr<;lct: Nd. 87-3 per map 1.22-42. fi led :10/28/88..1 County of San Dieg~ __ 4) ASSESSOR PARCEL NO(S). 5) LOCAL FACILITIES MANAGEMENT ZONE 8) EXISTING ZONING 11) PROPOSED NUMBER OF RESIDENTIAL UNITS ~ 9) PROPOSED ZONING Is P'-l ~E> PROPOSED GENERAJ.. PLAN . DESIGNATIQN I C-ZllO) GROSS SITE ACREAGE : I N/A 112) P.ROPOSED NUMBER 1,113) TYPE O~ SUBDIVISION OF LOTS ' L-J (RESIDENTIAL, COMMERCIAL ,INDUSTRIAL) 14) Nl/MBER OF EXISTING RESIDENTIAL 0 UNITS 1...-_____ ---1 15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE ~OTE: I ' ,16) PROPOSED COMME~CIAL ~--~-----~/·~QUAREFOOTAGE 1'/3 '_ 114022 .. , . OQ2r 7 7 (EORDEPT USE ONLY) , \ J . . -ISP-l_l~ ~I I FRMOOOl6 ~' CITY OF CARLSBAD LAND USE REVIEW AP.PUCATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJEcr IN OPEN SPACE r N/A 18) PROPOSED SEWER USAGE IN EQUIVALENT DWElliNG UNITS 19) PROPOSED IN~E IN AVERAGE DAILY ~C 701. 20) PROJECf NAME: . I· Tqyota Carlsbad Expansion 21) BRIEF DESquPTION OF PROJEcr: . I Expansion of an exi"st j ng. auto dea lershJp to include new. offices, service bays and related parking. 22) IN 11-IE PROCESS OF REVIEWING nus APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING BOARD MEMBERS. ORCrtY COUNCIL,. MEMBERS TO INSPEct AND ENTER 11-IE APPUCATION. lJWE CONSENT TO ENTRY FOR THIS . PURPOSE 23) OWNER NAME (PRINT OR TIPE) Jones Family Trust MNUNG ADDRESS 5444 Paseo Del Norte 24) APPUCANT NAME (PRINT OR TYPE) . Lou Jones .MAlUNG bDPRESS 5444 Paseo Del Norte CITY AND STATE ZIP '. Carlsbad CA '92008 TELEPHONE CrIY AND STATE ZIP 619~4~8-2000 Carlsbad.CA 2008 TELEPHONE '61 -4 8-2000 I CERTIFY "tHAT I AM nm LEClAL OWNER AND -mAT All. 1liE M!tCNE INl'ORMA'IlOH IS "TRUE AND CClIUtECT TO 1li£ BEST 01' MY KNOWlEDGE. • . FOR CITY USE ONLY FEE COMPUTATION: APPUCATION TIP! sf> 19 " TOTAL FEE REQUIRED DATE FEE PAID FEE REQUIRED '·.·70 c; 1,700 I CEJmFY -mAT I AM no: tEGAL 0wHn'J REPRESDITA~ AND -mAT AU. nm Mi:m.IHJ'ORft(ATIoHIS"TRUE Nm <DRitEcr TO nm 8ESTOI'MY ~!. ruov 2 0 1995 crr~ Of CAwU .. $B~{\D . . ~Iil ·f,l;~nro..S!l"'. __ ._. .. RECEIVED BY: R,ECEIPTNO. I • City of Carlsbad . _#lJ61.j•ii .t.;.lq.gUI"tij.'i DISCLOSURE STATEMENT A?PUCANT'S sn"EMEr-."T OF :)ISCLOSURE OF. cERTAIN OWNERSHIP INTERESTS pN ALL APPlICATIONS ~ICH WILL RECUiRE ~ISCRETIONARY ACTION ON THE PART OF THE CrTY COUNOL. OR ANY APPOINTED BOARD. COMMISSION OR COMMITTEE." ,Please PrIOr) The folloWing information must be disclosed: ' 1. Applicant List the names and addresses of all persons having a financial interest in the application. Lou Jones 5444 Paseo Del Norte Carlsbad CA 92008 ? Owner List the names and addresses of all persons having any ownership interest in tl1e property involved. Jones Famil~ Trust . 5444 Paseo Del ~orte 'Carlsbad CA 92008 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names an: addre.sses .of all indivi,quaJs owning more than ) 0% of the s~ares in the ~or~oration or owning any pa!1nersha interest in the partnerShip. . -. 0 - N/A 4. If ~ny person identifted pursuant to (1) or (2) above is a non-profit organization or a trust, list the names. an addresses of any person serving as officei' or director of the non-profit organization or as trustee .or beneficiC!l of the trust. Lou Jones 5444 Paseo Del Norte Car 1 sbad CA. 92008 FRMOOO13 8/90 2075 Las Palmas Drive ~ Carlsbad. Californ.ia 92009-4859 • (619) ~38-1161 •• • (Over) Disclosure Statement Page 2 .. \\ ./ 5. Have' you had more than. $g~::~orih ·Qtbu.~iness trans~ctedw.ith· any: .oiember' of·9ty~tClff. 808rc Commissions. CpmmiUees and CounCil wi.thin the past tweivemonths? . Yes _ No L If yes. pleaseindicate.person(.s) ..' . '. Person is defined as: • Any individual. firm. copartnership. joint venture. association. social club. fraternal or;anization. corporatIon. estaie. trust. ~r. syndicate. this an.:l any other county. city and county. city. munic,p&lity. district or other political subdivilion. 0( any other group 0( combinatIon acting as s unit.' . (NOTE: Attach additional pages asnecess<:uy.) Signature of applicant/date Print or type name of owner Print or type name of applicant ", ... ~" ... "-". - FRMOOO13 " PROJECT CESCRI'PTI<DN/EXPLANATION' • • I • ~ PROJECT NAME: . Toyota ,Carlsbad Expans ion APPLICANT NAME: ___ ....::L;.;;·o..;;.u.....;J:...;;o~n..;;.e;::;..s....;.. . ...;.,' _______ -.,... ______ ---- Please describe fully the proposed project. IneJude any details necessary to 'adequately explain the scope and/or operation of the proposed project. You m~y also include any background information and" stlpporting statements regarding the reasons for. or appropriateness of. the application. Use ,an addendum sheet if necessary . Description/Explanation. Expans.ion of an existing auto dealership 1;0 in<;:lude 10 new sal.es/service "offices, 26 service stalls, related locker rooms, restrooms and storage facil ities, single bay car wash and corre~ponding parking (both display and storage). The two items proposed will be an amendment change to SP-19 (E). First is requesting access from Cannon Road and second is to reduce the 2S-foot landscape setback along Cannon Road to 10 feet. ' . The first request will be access at the midpoint between Pas eo Del Norte and Oar Country Drive and be "right turn in and right turn out only." Respecting the high projected service volume along Cannon Road, we are requesting this access be relinquished once the volume exceeds 20,000 ADT between Paseo Del Norte and Car Country Drive. . Second is a request to reduce 'the current 2S-foot landscape along Cannon Road to 10 feet. The other dealerships within Car.Country have complied with less than the 10-foot setback we are requesting. These two amendment changes will allow Toyota Carlsbad similar privileges other dealerships enjoy within Car Country Carlsbad. . Rev.4{91 ProjDesc.frm ~ ""'''"~l: ~}i'~~ . ':~ ). " f.'~---'''', 7',f'/1!"1:,'~~~-'7~~; ,:.:f;'"f"I~:"i·~' '~~~~," l",!'.'''r~~.:r;'··~''':1'\?i(.j.'W''''''w·'f:<:; --~'lF':h:;; ~ :;~..,., f~:; -""" J71"'i'}~T S :-;: ,.~ ~-:" . '.' '. '" -~'I .. , ,. """ > ~ . C-L ·-if-Li ' .. CITY OF CARLSBAD .. -:." 0 s I "1200 CARLSBAD LAGE DRIVE CARLSBAD, dJII!IFORNIA92008 434-2867 ,', ACCOUNT NO. DESCRIPTION AMOUNT i. , i i /' 'd C~('\ I (~ (1-1 , I ( ,--~'f t2 I, -'J'1". F "') .-1 \, ' ) 1 7o-"() i ,,(j~z:j. '. <,,/,,-" ~ t_" .I I • : ,-: I I \ !, I 4755 U120/95 02 I 0001 01 I , .,.-rnl'll .L J~"VY' , , , , I , f' , , , , : " , , 25490 ~., • RECEIPT bIO. ' NOT VALID UNLESS VALIDATED BY TOTAL , , '.' PtiftI<ld,on recycled paper. CASH REGISTER I!~ ,~. '/r-v ';·~~i:~~,'~;.,~:t",h: "', ~~, :;;0 "\,: "", ,;;), , .', ,;"".," ",~,::, .,L ',;,;0";'; J;",,, ",,:': ,j:. ":;';,'t~ ,"'::"';:',,';: .. ; J,,,,.i~ .:; ::<:, "j;L~iJ.> ,;~'J; ii; .j' CARLTAS DEVE.LCJPM:E·NT COMPANY ... January 12, 198.8 M~chael J. Holzmiller Director of Pl,anning city of Carlsbad 2075 Las .Palmas carlsbad, GA 92008 Re: Car Country/CC&R's Dear Michael: Delivered to you with this letter are 'our· proposed draft· CC&R' s (Conditions, Covenants and Restr;i.ctions·) for the car· Country Expa,nsion. P'Q,rsuant to tIle action o·f the City Council, your review' -and· approval of the proposed CC&R's is required. I. would· ;Li~e to de;Li ver the GC&!R's to the prospecti yeoocupants as _soon as. reasonably feasiple so :t. woUld appreciate your comfn~tl't;:s at your convenience. CCCjjin ·holzmil.lcc 4401 MANCHESTER AVE., SUIIE 206 0 ENCINITAS, CALIFORNIA 92024 U.S.A. 0 (619) 944-409Q. .. . EXHIBIT, II F" DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CARLSBAD CAR"C9trnTRY II. WHEREAS, CARLTAS COMPANY, a' Cal ifornia Lim! ted Partnership ("CARLTAS"), is the owner of :the following describ$dproperty: [INSERT LEGAL DESCRtPTION OF THE PROPERTY] WHEREAS, it is the desire and intention of CARLTAS to convey the Property described a'bove and' to impose 'on it mutu?ll beneficial covenants, conditions, . a.nd restrict,ions tlnder a general plan or scheme of improvement for the benefit of 'all the lands in the above-described :area and the future owners of th,ose lands; ! ' WHEREAS, it is the intent :of CARLTAS that a unique commercial park be constructed on 'the Property primarily for the retail sales and servicing of;automoF~I~s. NOW, THEREFORE, CARLTAS hereby: d,eclares that' all' of the, Property is held, and, shall: be held, conveyed,' hypothecated or encumbered, leased, rented, \lsed, occupied and iIfiprove'd subject to the following covenants I 'conditio.ns and r.estrictions all of which are declared to be, in t:urtherance of a pian fo:!:" the subdivision, improvement and sales of the lands and are' established and agreed upon : for the purpose of' enhancing and protecting the value, desireabilit.y and attractiveness of the lands and every part thereof. All of the, coVenants, conditions and restrictions shall run with. the lapd and $hall be binding on all parties having, or acquiring any, *,ight, title or interest in the Prope~ty or any part thereof. t, 1 DRAFT :1 , .1 o .0 ARTICLE I -DES 4GN .REVIEW So long as CARLTAS own~ any lot within or adjacent to the Property, no structure shall be constructed on the.. Property without CARLTAS' prior written reasqnable approva:J.. (See Exldbit nAn attached hereto and incorporated herein by th;l:s reference for legal description of lots adj acent . to the Pl;'operty.) Plans and specifications for any structure to be constructed shall pe submitted to CARLTAS for review. . CARLTAS·' approval shall be based on conformi ty to the ! cri teriai set 'forth in the City of Carlsbad Specific Plan for the Property in effeot ort the da.te this declaration is recorded in the oft;icial' Records ot the County of San Diego (the "Sp~cif:i.c Plann) and the overall design and landscape as in place for the'Prope~ty and the visual impact to the adjoining properties.. A. copy of the speoit;ic. :Plan is attached hereto as Exhibit IIB". In the event the Specific l?lan is a11lencied, modified or changed in any manner, the criteria set forth in Exhibit "B" shall continue to be the criteria by which CARLTAS evaluates any plans and ,specifications .submitteg to CARLTAS for approval, unless ~ARtTAS specificai:J.yadopts any such change by a recorded supplement to this Decl,~:ration. , I l ARTICLE II -SLOPE AND DR)\,IN, MA.INTENANGE 2.1 Slope Maintenance. ;CARL'I'AS and any f\ltQre. owner 9f any lot within the Property hereby expres$ly acknowledges that. -any. slope portion of a lot shall be maintained by and at the expense of the owner of such lot. Each slope sheill be maintained in the manner described in Section V, "Landscape Standarq.s,j; of Exhibit "B". I.' . ' ! 2.2 Drain Maintenance. CARLTAS. '~ndany tu-ture owner o.f any lot within the Property hereby expressly acknowledges that allY concrete terrace drain located on a ,lot shall be maintained by and at the expense of the 'owner of such IQ.t.. Any concrete terrace drain located on property commonly owned by a.1lowners of lots within the propertyshail be. maintained ,by and at the, expense of all such owners or:, .if an association has been formed pursuant to Article IV .of this declaration" by theassociatibn. i ARTICLE III -ENFO~CEMENT 3.1 Court Actions. So long as C~LTASQWnS a~y lot within or adjacent to the ProPerty ,CARLTAS shall have . the right to commence and maintain actions for; damages or to :t."estrain and enj oin any actual or threatened breach of any provision. of this, declaration or the Specific Plan. I 3.2 Liens. In the event, the : owner of, any lQt fails to comply with the terms of the· Specific Plan or this declaration, including but not limited te;> the provisions of .. Exhibit "B", then CARLTAS may elect to take any action rtecessaryto bring $uch 2 .DRAFT . ,', • , ' delinquent owner and/or lot:, 'into conformity with the Specif~id Plan or this declaration~ Any costs,incurred by CARLTASto,bring the delinq.uent owner and/or, lot into conformity ("assessments") shall be assessed to theowrier and .. shall be immediately due and payable upon the delinquent owner's ,receipt of CARLTAS I wri tten ' notice of assessment. 3.2.1 Right to" Enforce. The right tocoll.ect. ·and enforce assessments is vested in CARLTAS .•. , CARLTAS can en.for.oe the obligation of the owner of any lot to pay any assessment by commencement and maintenance: of a suit at iaw or in equity, or CARLTAS may foreclose by judicial proceedings or through the exercise of the power of sale purs1;lant to section 3.2 .2 to enforce the lien' rights created. : :$uit to recove~ a money' judgement for unpaid assessments shall be maintainal:>le without, foreclosing or waiv.ing the li,en rights. ' 3.2.2 creation of Lien. If the owner of a lot fails to pay any assessment within' fift'een (15) days after reced ving a written notice of assessment, the asseE;;smen-t. and all cQststhat are incurred by CARLTAS or its authorized representatives in the collection of the amounts, including: reas,onable attorney's feel? and court costs I shall be 'a lien against such lot upon the recordation in tlie office of thecourity 'Recorder of San DiegQ county of a 'notice of: delinquent assessment executed by CARIll'AS.' The notice of delinquent assessment shall not be recorded unle~s such delinquency has not be,en cured within fifteen (:1;5) d~Y$ after delivery 'of notice of: assessment. The lien shall expi~e' and be void unl,ess, within one, (1) year after recordation, of the notice of delinquent asseS~inent, CARLTAS o~ its authorized representative records a notice of' d,efault as provided ;in' thiS declaration or institutes judicial'foreclosure proceedings. , ' 3.2.3 Notice of Default.; Foreclosure.' Not more than one (1) year nor less than ten (10) days af:ter the recording of the notice of delinquent as'sessment, CARIiTAS or its authorized representative can record a notice of .default and· can cause the lot to be sold in the same manner as a sale is conducted un€ler California Civil Code sections 2924, ; 29'24b ... 292.4c" or ,through judicial foreclosure. However, ,as' a: cOlld'i tion precedent to the holding of any such sale; under section. 29~'4.c appropri.ate pUblication shall be made. ': In connection with any sale under section 2924c CARLTAS is authorized toappo'int .its attorney I any officer or director, or any title insuranc,e comp~ny authorized to do business in California as: trustee for purposes of conduoting the sale. If a delinquency 'is cured before. sale ,or ,before completing a j'udic'ial foreclo'sure, CARLTA$ or its authorized representative shall cause to be' recorded, in the office· (j,f th,e county Recorder of San Dieg.o' County a certificate setting' forth the satisfaction of such cdaiin and release of such lien· on payment 'of act'ual expense's, incurred, inclUcling rea~onable attorney's fees, by any delinquent owner. CARLTAS shall 'have the 3 ',DRA,F:T , " .. power to bid on the lot a:t; the fOJ;'eclosure sale and to acquire, hold, lease, mortgage and convey the lot. I ' j • 2 • 4 waiver of Exemptions.. Each owner of any lot to the extent permitted by law,: wa:l,.ves, j to' the e~tent of any liens created pursuant to this Article III the benefit of any exemption laws of California in ef£ect at the time any assessment bedo~es delinquent' or any lien is imposed.' . . I ARTICLE:tV -,ASSOCIATION At the time CARLTAS ceases to own any ·lot within or adj acent to the Property ot by designation. of release p.rior thereto, the then' owners of, the Property.shall·concurrently!orm an association. Such association may be incorporated' or unincorporated. upon formation 0f the association all of . CARLTAS ' rights and powers under this dec:laration shall automatically vest in the association. A.ny a.ssociation action, approval or other determination.shall require an affirmative vote of the owners of fifty-one percent ,(51%) of the total square footage of the Property and or all: buildings thereon. Total square footage shall not include any areas used in common by all the owners of the lots. . ARTICLE V -BREACH'WILL NOT DEFEAT MORTGAGE A breach of any of the terms,' conditions, covenants, or restrictions of this· declaration :will not defeat or rendel:' invalid the lien of' any institutional first mortgage or institutional first deed of :trust, mad'e in good faithartd fQr value, but such term, condition, covenant, or restrict:ion willl:>e binding on and effective against any of the pa'rties whos~· title . to the Property or any portion of such is acquired by foreclosure, trustee's sale, ?r .otherwise. ARTICLE VI -BI~DING ErFECT, DURATION The covenants, conditions andrest~ictions set forth in this declaration shall run with the lang, and shall be'. binding on all parties and all persons claiming und'er them fot. a period of thirty (30) years from the date thi~ declaration is recorded. Thereafter, this declaration shall be automatically extended for successive periods of ten (10) years 'unless CARLTAS records a document changing the duratio~ c'f this decl.aration. ARTICLE. : VII -'NOTICES All notices and deliveries provided for herein shall be deemed to have been given or made when personally delivered 01;' mailed, postage prepaid, or 'delivered to a telegl;:'aph or cable company, addressed to the rec'e1ving party at an office where it conducts business, or such 1 other place as the parties ,may • i 4 ·DRAFT l. .. ~ designate in writing from time to time ·for such purpose. Dated: CARLTAS COMPANY, a California Limited Partnershtp By: Christopher C. Calkins, Man~ger ) STATE OF CALIFORNIA .) COUNTY OF _______ ---,._,--~ ___ '__ __ .) On , before me; the undersigned, a Notary Public in and for said, state., personally aPPeared -,-__ _ personally known to me (or proVed to me on the basis of s'atisfactory evidence) to be the person that execUted the ·within instrument as ....0.-________ -------. pa;rtner (s), on beha,lf of _' _. _ . ..,..-_--.,. ___________________ --,.......,... __ , the. par t n e r s hip therein named 'and acknowledged to'.' me that the' pa:t,"tnership executed it. WITNESS my hand and official seal. Signature __ ~_~~ __ ~~ __ _ declar.con 5 ·DRAFT EXHIBIT "A" 1 .. [Insert legal description of lots adjacent to the Property] • l 6 DRAFT · .. EXHIBIT liB" [Insert Copy of S.PE7cific Plan] 7 DRAFT ~ ~ ~~<i ~~~~~~y e_' , _~---.-~' ,~e...;..,......' ", ---.....0.-.----...---.--.---.--- February 12, 1988 Ms. ~drienne'Landers Associate Planner c.ity of Carlsbad 2075 Las PGJ,lmas Carlsbad, CA 92008 Re: city of Carlsbad Dear Dee: Enclosed are the' ~evised Covenants, Conditions and :Restrict.ions for the Car Country, Expansion. ~:p,e, copy I am 'forwaJ::"di·ng't;::o yqu is red-lin~d to mark the changes from the draft whiqh yo-q. earlier re¢eived. ' , ' You will not~ that. in this d,raft I have:i,.ncluded the specific reference t.o Specific Pian 19-C, provided f,or its attc;tchment, as, an exhibit to the' recorded document, and stipUlated that a copy of the plan be delivered to c;tny transferee or b;mant of the property to assur~ a know:ledge both of, the. CC&R '$ ano. of t!+e' Specific Plan. You wi!.l als'o note tha·t the CG&,R's contemplate that all adj g:c'ent. ' slopes and land$cap.ing will b~ maintained by the ownel;'$ of the particul.ar parc;iels which includes the slope and. ,landscaping ar,ea. The property has no common area for, CODon area ma.intenanceanq accordingly no ,association is contemplat~d e~cept in the" event that Carltas neither owns land within, Car Country or adjacenttp Car 'country, and' therefore is not ,in ,a posi tiop ,to enfoxce the condi t:j.ons, ana' obligation's,., If, and: only' if" ·Ca:rlt.a$, 'is no· longer an own,er o,f a lot, wi thih Car Country, or across the street, then an 'association would be formed solely ,for purposE?s of enforcing the obl:i,.gations under this GJ,g;pee.m~nt~i ' In addition, we have, given each owne;t' the right to en'force the . obligations of maintenance; a.ndrepair as ·to each of 'their adj oining. owners • This permi ts individual' pOl~cing of the various requirements. The dra.ina.ge system', landscape maintena'nce and watering, a::t;'e :all-being deSigned with theopjective o~ permitting each owner to maintain his own area.' . 4401 MANCHESTER AVE., SUITE 20~. ENCINitAS, CALIFORNIA 92024 ~.t$.A. ~ (619) 944-4090 . I Letter to Ms. Adrienne .Landers February 12, 1988 Page Two As I have noted, tl1ere are sdgnificahtprob1ems with attempt!=lQY assQcia.,tions to m~intaina:reas in common, and .the most· successful practice wi thin . industrial parks is . to provide forinqi vidual· maintenapce of slopes and related areas. . P1eas'e' advIse m~ as s,oon a·s possible'of your approval of the enclosed' so that I can' submit it tot'J:le prospective.,. owners ·alld tenants. 1~nders .• 1cc 1-90-15B Calkins .\ • . - 1\ i I DECLARATIQN OF COVENANTS, CONOITIONS AND RESTRICTIONS FOR ~ COQNTRY EXPANSION WHEREAS, CARLTAS COMPANY, a California Lind ted Partnership ("CARLTAS"), is the owner of, the following described property: [INSERT LEGAL DESCRIPTION. OF THE'PROPERTY] (the "Property"). - I 1 . WHEREAS, it is the desire, and intentipn qf CARLTAS to convey the property described above and to ·impose on it mutual beneficial covenants, conditions,'; and restrictions uhdera general plan or scheme of ~mprovement for the benefit of all the lands in the above-described area and the future owners of those lands; i , I WHEREAS, it is the :intent :o·f CARLTAS tha.t a unique commercial park be constrUcted on th:e property primarily for the retail sales and servicing 0+ automopiles. . i . . I. . NOW, THEREFORE, CARLTAS h,ereby decJ,;ares that all of the Property is held,. and, shall be held, conveyed, hypothecated pr encumbered, leased, rented, used, occupied and improved subject to the following covenants , conditions and .restrictions all of which are declared to be : in furtherance of a plan for the subdivision, improvement and sal~$ of the 'land$ and are established and agreed upoli fol:' the .pul,:'poseof enhancing and protecting the value, desi:t:eabilitY,and attractiveness of the lands and every part thereof'.' All~f the covena!lts , conditions and restrictions shall rqn with the fand and shall be binding on all parties having or acc;iuildng any: tight, title or interest· in the Property or any part thereof. : The b:u:rdeneq parcelS under this deOlaration shall be all lots 19cated w~~~~n the proper~ I , , l i . I. f: EXHIBIT uBu [Insert legal description of Benefited Parcels) I 6 ~ , ' >' ' ARTICLE 'I -DESISN REVIEW , I I So long as CARLTAS owns any Bnefited Parce;L, as hereinaft,er dTfined, no structure shall be' constr'uc e on the rop -, w~ thout CARLTAS t prior written reasonable approval. Plans and specifications for any st~ucture to be constructed shall be submi tted to CARLTAS for review. ,CARLTAS t approvql shall be based on conformity to the: criteria set forth in the city of Carlsbad Specific Plan (19-C) for the Property in effect on the date this declaration is recorded in' the Official Records o'f the County of San Diego (the "Specific 'Plan"'),' the overall' design ,and landscape as in place for the property, and the visual impact to . the adj oining properties. : A-copy of the Specific Plan is attached hereto as Exhibit "A". In the event the Specific P.lim is amended, modified or changed in ,any m~nner; the criteria set forth in Exhibit "A" shall continue to be the criteria: by which CARLTAS evaluates any plans and specifications submitted to CARLTAS'for approval, unless' CARLTA,S'specifical1y adopts any such change by a recorded supplement 'to this declaration • The . Benefi ted Parcels under this declaratj,.'on shal,l be the adj oining lot of any lot located within the: Property anq/or the parcel owned by CARLTAS located across ' "A," street from the Property. Said parcels are more 'particularly described in Exhibit "B" attached hereto and incorporated herein by this re'ference. ARTICLE II -SLOPE AND DRAIN MAINTENANCE ! 2.1 Slope Maintenance.: CARLTAS and any-future owner of a,ny lot within the Property hereby e~pressly acknowledges .that any slope portion of a lot shall be maintained by and at the experise of the o"t'lner o,f such lot. Each slope shall be maintained in the manner described in section ,V, "Landscape Standards", of Exhibit "A". i 2 • 2 Drain Maintenance. CARLTASand anyf,uture owner of any lot within the Property hereby expressly a,cknowledges that any concrete terrace drain located on a lot shall be maintained in good order and clean, by and' at the expense of the -owner of suCh '"'1"5t. 11 -, , 2.3 Enforcement: of_ M~intananbe Obligations. Notwithstanding the provisions of A:t;ticle :t~I, below, the owner) of any Benefited Parcel sh,all have. the r~ght to enforce the, maintenance obligations and 'covenant's set;:. forth in section$ 2.1 and 2. 2, above., i:' . ! J -, I 2 I i-,- I I' , . ARTICLE 'III -ENFORCEMENT 3.1 Court Actions. So long as C~LTASowns any Benefited Parcel or any lot wi thin the Property, CARLTAS shall have the right to commence and maintain actions for damages or to restrain and enj oin any actual or threatened breach of any provision of this declaration or the Specific ~lan. 3 .2 Liens. In the event the owner of any lot fails to comply with the terms of the Specific Plan or this dec1arat.ion, including but not limited to the provisions of Exhibit "Au, then CARLTAS may elect to take any action ·necessary. to ,bring such delinquent owner and/or lot into conformity with the Specific Plan or this declaration. Any costs incurred byCARLTAS to bring the delinquent owner and/or, lot' ihto confol;'mity ("assessments") shall be assessed to the owner ahd shall be immeq,j,ate1y due and payable upon the delinquent' owner's' receipt of CARLTAS' writteh notice of assessment. I • 3.2.1 Right to Enfor.ce.! 'The right to collect and enforce assessments is vested in CARLTAS. CARLTAS can enforce the obligation of the owner l of any lot .. to pay any assessment by commencement and maintenanc¢ of a suie at law or in equity, or CARLTAS may foreclose by judicial proceedings or through the exercise of the power of sale 'pursuant to section 3.2.2 to enforce the lien rights created. . suit i;:oredovera money j udgemeht for unpaidasse.ssments shai1 be maintainable . without foreclosing or waiving the lien rights. 3.2.2 creation of Lien~ : If the owner . of a lot fails to pay any assessment within fifteen, (15) days. after ~eceivihg a ' written notice of assessment, the assessment and ail costs that, are incurred' by CARLTAS or its authorized representatives in the collection of the amounts, including reasonable attorneY's fees and court costs, shall be a lien i against suc:q lot upon the recordation in the office of the County Recorder of San Diego county of a notice of delinquent assessment executed by CARLTAS. The notice of delinquent assessment shall not be recorded unless such delinquency has. not beencu;red within fifteeh. ·(J.5) days after delivery of notice of assessment. The :.}:ien shali expire and be void unless, within one (1) year after recordation of the notice of delinquent assessment, CARLTAS or itsauthor,tzed representative records a notice of default as provided in this declaration or institutes juqicial forec1osu]::eproceedings. 3.2.3 Notice of .. Default; , I Foreclosure,. Not more than one (1) year nor less than ten (:/.0) : da.ys a·iter the recording o·f the notice of delinquent. as:sessment, CARLTAS or its. authorized representative can record a ;notice of default and can cause the lot to be sold in the same· manner as a sale is conducted Under California Civil Code Sections 2924, 29241:)·... 2924c, or through judicial foreclosure. However I as a condition precedent to the 3 holding of any such sale unde;!:" SE;!.ctiori 2924c appropriate publication shall be made. In connection wi th ~ny 'sale under section 2924c CARLTAS is authorized to appoint its attorney, any officer or director, or any title insurance company authorized to do business in California as trustee for' purpose.s . of conducting the sale. If a delinquency is c~red before sale, or before completing a judicial foreclosure;: CARLTAS or its authorized representative shall cause ,to be recorded in the. office. ·of the County Recorder of San Diego County a certificate setting forth the satisfaction of such claim and rel.ease of. s'l;1ch lien on payment of actual expenses incurred, including reasonable· attorney's fees, by any delinquent owner. CARLTAS shall ·have the power to bid on the lot at the fore:closure'sale and to acquire., hold, lease, mortgage and corvey the,lot. , 3 • 2 • 4 waiver of Exemptions.. Each owner. of any lot to the extent permitted by law', waives, to the· extent of any liens creat'ed pursuant to this Article III the benefit of any exemption laws of California in effect at the time any assessment becomes delinquent or any lien is imposed. ARTICLE IV -ASSOCIATION : 1 . At the time CARLTAS ceases to own any Be.nefited Parcel or by designation of relea~e prior!thereto, the then owners of the Property . shall concur~ently ~orm ari association. Such association may be incorporated: or unincorporated. Upon formation of the association all of CARLTAS' rights and powers under this declaration shall ~~tomatic~lly vest in the association. Any assoc.iationaction, approval or other determination shall require 'an affirmative. vote of the owners of fifty-one percent (51%) of the total square footage of the Property and of all buildings thereon.. Total square. footage shall not include any areas;used in,coinmon by all the owners of the lots. '. ARTICLE V -BREACH WILL NOT DEFEAT MORTGAG~ A breach of any of' the .te~s, conditions, covenants, or restrictions of this declaration will not defeat or render invalid the lien of any, institutional fit-st· mortgage or insti tutional first deed of: trust, ;made in gOQd faith and for value, but such term, condition, cQv~nant, or restriction will be binding on and effective ag~inst any of the 'parties whose title to the Property or any Iportion: of such is: acquired by foreclosure, trustee's sale, ,or other-wise. . ARTICLE VI "':' BINDING E~FECT, DURATION , . The covenants, conditions and restrictions set forth in this declaration shall run with the land and shall be binding on all parties and all persons claiming undel;7 them for a period of 4 I I thirty (;3 0) years from the. date this declaration is recordecL Thereafter, this declaration shall be automa~ically extended for successive periods of ten .(10) years unl.ess CAR~TAS records q document changing the duration of this declaration. ; ~ , I ARTICLE VII -NOTICES All notices and deliveries provided for herein' shall be deemed to have been given or made When personally delivered or maileq, postage prepaid, OJ:' delivered to a telegrC3.ph or ·cabl~ company, addressed to the receivingl party at anof'fice where it conducts business, or such other' place as the parties. may designate in writing from ti~e to tiIp:e for such purpose. I i ARTICLE VIII;-COPIES OF DOCUMENTS . , Upon the t·ransfar of any lot,: or upon the leasing of any; 1 lot, the transferor or the lessor shall deliver a copy of this . declaration and a copy of the Specific Pl.·an as amended to the date of such transfer or lea$e to the transferreeor lessee. Dated: STATE OF CALIFORNIA COUNTY OF By: CARI;..TA~ CO~PANY; a Califorhia Limited Partnership Christopher C. Caikins, Manager ) ) , ) On , before me, the undersigned, a Notary· Public in and for said 'State,: personally appeared ______ ~ personally known to me (or proved to me on the basis 'of satisfactory evidence) to be the person that executed the within instrument as ________ --,. _____ ,--'partner(s), on behalf o·f __ _ __ ------:-----:-----:----:----::--::--:---:----, . the par t n e r s hip therein named and acknowledged to me that the partnership executed it. WITNESS my hand and official 'seal. Signature 5 'declar.con ;c I i I I "k" EXHIBIT I I i I I I I I • • [Insert Copy of Sp~c~f~c I i ! 7 e Plan] , " -. i ,-, , ! t -{ " .. tt e " ! " .' f I , I 'f .EX!IIBIT "A" ! ! i ! , [Insert Copy of Specific Plan] I I , 7 DECLARATION OF COVENANTS, . CONDITIONS AND RESTRICTIONS FOR CARCOUN~Y EXPANSION WHEREAS, CARLTAS COMPANY, a 'california Limited Partnership ("CARLTAS"), is' the owner of the following c;lesdribed property: Lots 1 through 10 of Car Country Expansion in the city of carlsbad, state o.fCalifornia, pursuant to' Map .No. ~iled in the Office of the County Recorder ·of San Diego County file no. on May , 1988 (the "Property") .~ WHEREAS, it is the desire and intention of CARLTAS t.o convey the Property described· above and .t.o i~pose' on it mutual beneficial covenants, condi tions ,a:ild restrictions ~nder a general plan or scheme of improvement. for the benefit of all the lands in the above~described area and the future owners of those lands; WHEREAS, it is the intent of CARtTAS that a unique commercial park be constructed on ·the Property primarily for the retail sales and se:l:'Vicing of automob;ile$. NOW, TilElmFORE, CARLTAS hereby declares that all of the Property is held, and, sball be held, conveyed, hypothecated or encumbered, leasea, rented, used, occupied and improved subj.ect to the following covenants, condi tior'ls .and restrictions ail of which are declared to be in furth~rance of a plan for the subdivision, improvement and sales of the lands and are established. and agreed upon. fpr the purpose of . enhancing and protecting the value, desireab:j.lity and attractiveness of the lands and every part thereof. All of the covenants , conditions and restrictions shall run with the l.and and shall be binding on all parties having or acquiring any right, ti tlaor interest in the Property or any part thereof. The burdened pa,rcels under this declaration shall be all lots located witbin the Property. 1 /' ,I ~T~CLE I -DESIGN REVIEW SQ long as CARLTAS own$ any B~nefited Parcel, as here;Lnafter defined, no structure shall be constructed on. the Pro,perty without CARLTAS I pl;:'ior 'written reasonable appro,val. Plans~nd specifications for any structure to be construct~d shall be submi tted to CARLTAS for review'.' CARLTAS I approval shall b~ b~sed on conformi ty to the cr:i, teria set ,forth in the city ot Carlsbad ,Specifj.c Plan (19-C).' for the Prope~ty in effect on the date this declaration is recorded in the Official Records of the county of San Diego (the "specific Plan"), the overall design and landscape as in place for the Property, and the visual impact to the adjoining properties. A copy of the Specific Plan is attached hereto as Exhibit "A". ,In the event the. speoific Plan is amended, modified or changed in.any,manner, the criteria set forth in Exhibit "A" shall c,ontinue to be tne criteria by which CARLTAS evaluates any plans and specifications submitted to CARLTAS for approval, unless CARLTAS specifically adopts 'any such change by a recorded supplement to this declaration. CARLTAS lJlay assign its rights 'under this Article I to the Association, as hereinafter defined. The Benefited. Parcels under this declaration shall be any lot located within the Property and/or the parcels owned by ,CAR~TAS described in Exhibit "B" a,ttached hereto and incorporated herein by this reference. ARTICLE II -ASSOCIATIO~ 2.1 Organiz'ation and Member'ship. Every owner of a lot wi thin the Property shall 'automatically upon becoming the owner of such lot be a member of the Car Country Expansion Association (the "Association"). ';rhe Assoc,iation shall be, organized as a California corporation under the Caltforij.ia, Nonprofit Corpora~ion Law. The Association, shall be charged, with the duties and vested. with the powers prescribed by law and set forth in this declaration, the Association articles ahd by-laws. 2 • 2 Voting. Every owner of a lot wi th'in the property shall be entitled t.o one (1) vote fqr each net acre or fraction thereof owned, as set forth on Exhibit "F". Any action by the Association which must have the approval of the membership of the Association before being undertaken shall require the vote or written assent of more than fifty percent (50%) 9f the votes held by all owners. ARTICLE III MAINTENANCE 3.1 Slope Maintenance. 3.1.1 The Property. The Association shall maintain the slope portion of the Property as depicted on the "Landscape Plan'" approved 'and adopted by CARLTAS and the owners of the lots.' A copy of said Landscape Plan is attached hereto as Exhibit "C". 2 , . .. 3.1.2 Slope Easement.. . Immed'iately upon formation of the Association , CARLTAS shall record a Grant of Easement in favo~ qf the Association for slope and slope maintenance purposes. The slope property is described in Exhibits "Dl" and "0-2" attached hereto and incorpor,ated her~in ny this J;e·~erence. The Grant of Easement shall provide (i) all slope maintenance shall be done by anCi at the expense of the A:ssqciation, (ii) CARLTAS reserves the. right. to modify or otherwise change the slope property I (iii) in tbe event of. any' such modification or other change., then CAR~TA:S shall assume .. all slope mainten~nce and . landscape maihtenance obiigatiohs and the slope easement. shall terminate, and (iv) notwithstanding the provisions of Section 3.1.3, below, upon any such assumption byCARLTAS all maintenance shall be in accordance with the ci tYQf Carlsbad standards or requirements. 3.1.3 Landscape Plan. Each slop~ described in Se.ctions 3 • 1. i and 3 • 1. 2 shall be maintained in the.' manner described in th~ "Maihtenance Guidelines, II a copy of which is attached hereto as Exhibit "E. II. . . 3 • 2 Drain Maintenance. Tl}.e .Assooiation shall mainta·in the common drainage channel and brow ditch as located at the toe and top of the slopes as depicted on the Landscape· Plan, and the reco;r:ded Final Subdivision Map, and, so long as +,equired by the city tpe storm drain detention basin depicted on' said Final Map. Said drainage channel and brow ditch shall be ma:lntained in good order, clean and free of debris. 3.3 Median Maintenance. The Assoc::iatiort shall maintain the median located on Ca+ Country Drive, sout~ of ·Gannon Drive in the ci ty of carlsbad., state of Califo.rnia. as depicted . o.n the Landscape Plan. Said Jl1edian shall be Jl1aintainedin good order, clean and free of debris. Any landscaping located on said'median shall be maintained in the ma·nner described in the Maintenance Guidelines. 3.4 street Setback. The Association shail maintain the landsoaping located within the street setbacks as depicteg on the Landscape Plan. Said street setbacks shall be maintained in the manner described in the Maintenance Guidelines. 3.5 No Obligation. Neitber the Associatioh nor any owner of a lot shall have any obligation to maintain or repair. (i) any median located on Cannon Road, .(ii) the siope property located on the north side of Cannon Road, which slope property is owned by San Diego .Gas & Electric Corqpahy, or (iii) thetemporar,y slope property located on the east side of Cannon Road, which sl.ope property is owned by CARLTAS and shal.l c;:ont'inue to be maintaihed by CARLTAS. 3 ! ) . ,'" \'~ ~ . \ 3.6 Enforcement o,f' Maintenan.ce Obligations. Notwi thstanding the provisions c;>.f A:r:ticle' v, belc;>w, the, Association, the owner of any Bellefit.ed Parcei ,~nd the city of, Carlsbad shali have the right to enfor.cethe maintenance obligations and covenants set forth in Sections 3.1, 3.2, '3.3, and 3.4, above~ Provided, however, no person shall demand, require or otherwise compel the city of Carlsbad to exercise its. right under this section 3.6. ARTICLE IV -AsSESSMEN~S CARLTAS, on behalf of itself ,and for the owner of e~ch lot, hereby covenants, and eaqh owne:r: of any loot by acceptance of' ,a deed therefore, is deemed to cov$nant anc;i 'agree to pay, maintenance ,assessments to the Association. The maintenance assessment or charges must be reasonaple and shall be levied on a ' net acreage basis. The net, acreage within $ach lot is s~t forth on Exhibit "F". The owner, of each lot shall .pay monthly maintenance assessments in an amouilt equal to the monthly' maintenance cost incurred by the Association mUltiplied by a fraction, the numerator qf which shall be the net acr~age in such lot and the denominator of which $hall be the total nEit acreag.e of all lots within the Property. ARTic~ v-ENFORCEMENT 5.1 Court Actions. The Association shail have the right to commence and maintain actions,' for damaqes or to restrain and enj oin any actual or threatened breach. of any provision of this declaration or the Specific Plan. . '5.2 Liens. In the event the owner of any lot f·ails·to comply with the terms of the Specific Pla·n or this declaration, including put not limited to the maintainance assessments described in Article IV or tlle, provisions ot ~~hibit "~", then the Association may take any a.ctionnecessary to bring such delinquent owner and/or lot into conformity' with, the Specific Plan or this declaration. Any costs iricurred by the Associ'ation to bring the delinquent owner and/or lot into conformity shall be assessed to the owner and shall, be immediately due and payable upon the delinquent owner's receipt of the Association's written notice of assessment. 5. 2 . 1 Right to. Enforce. The right to collect and enforce assessments is vested in the Association. The Association can enforce the obligation of the owner of any lot to pay any assessment by commencement and maintenance of a suit at law or in equi ty , or the Association may forec~ose' by judicial proceedings or through the ex~rcise of the power of sale pursuant to section 5.2.2 to enforce the lien rights created. suit to recover a money judgem~nt for unpaid assessments sllall be maintainable wit~out foreclosing or waiving the lien rigllts. 4' ( 5.2.2 Creatiohof . tien. If the owner of a lot fails to pay any assessment within fifteen (15) days after' receiving a written notice of assessment, theal?sessment and all .costs that are incurred by the Association or its autporized representatives in the collection of the amounts,includtng, reasonable attorney"s fees and court costs, shall be a lien against such lot upon the recordation in the office ,of the county Recorder of San Diego county of a notice of delinquent assessment;. T:J,1e notice of delinquent assessment shall 'not. be recorded unless' such delinquency has not been cured within fifteen (15) days after delivery of notice of assessment. ~he lien shall expire and be void unless, within one (1) year after recordation of th~ notice ,of del;i.nquent assel?sment, the, Association· or its author;i.:zed, representative records a notice o;ECie.;Eau.lt. as provided in this, declaration or institutes judicial foreclol?ure prQceedings. 5.2 • 3 Notice of lDefaul t,; Foreclosure. Not more than one (1) year nor less than ten (1.0) days after the recording of the notice ·of delinquent assessment,tl1e Association or its authorized representative can record 'a notice of de:eault and can cause the lot to be sold in the' Same manner as a sale is conducted under Califorrda, civilCOd~ S$ctions 292,4, 2924b- 292·4c, or through judidi~l foreclosure •.. ' However, as acopdition precedent to the ho14'ing of any such .sal'e, under section 29.24c appropriate publicatlonshall be made •.. In connectioIl with ~ny sale under section 2924c, the· Associ·a.tion is authorized to appoint its attorney, any of;Eicer or director, 'or any title insurance company authorized to do business in California as trustee for purposes of conducting the ~ale. If a delinquency is cured bef¢re sale, or before completing a judicial foreclosure, tb,e Association or its authorized representative shall'cause to be recorded in the offic;::e of t:J,1e county Recorder of S'an Diego , county a certificate sett:lng forth the sati$faction of$uch claim and release of such lien on payment 6f actual expenses incurred, including reasonable attorney's fees, ,by any delinquent owner. The Association shall have the power to bid on the lQt at the forecloE;lure sale and to acquire, hold, leas'e, mortgage and convey the lot. 5. 2 • 4 waiver of 'Exemptions. Ec:s:ch owner of aI1:Y lot to the extent permitted by .law, waives~ to the extent of any liens created pursuant to this Article v the' benefi·t of any' exemption laws of California in effect at the time ahyassessmeh·t· 'becomes delinquent or any lien'is imposed. . ARTICLE VI -.BREACH WILL NOT DEFE1\.T MORTGAGE A breach of any of the terms, conditions, covenants, or restrictions of this declaration will not defeat or render 5 invalid the lien ,of any institutional first mortgag~ or institutional first deed of trust, mi\\de in good faith ~nCl tor value" but such term, condition, covenant,orrestriqtion, will ,be binding on and effective agairist any of the parties whose ,title to the Prop~rty or any portion of such is acquired by foreclosure, trustee's sale, or otherwise. ARTICLE VII -BINDING EFFECT,OURATION The covenants, conditions and restrictions set forth in this declara.tion shall run with the land and shall ~e binding ol'lall parties and al'l persons claim:i;ng under them for a period' ·of thirty (30) years from the date this decl~rati(;m is recorded. Thereafter, this declaration shall be automatically extended for successive periods of ten (10) years ullles;; CARLTAS records a document changing the duration of this declaration. ARTICLE VIII -NO~ICES All notices ~nd .deliveries provided foi' herein shal'Ibe deemed to have been given or made' when persohally delivered or mailed, postage prepaid, or deliyered toa tele9raph or cable company, addressed to the rec~iving party at an office whe~e it conducts business, or such other place as the parties may designate in writing from time· to time for sUch purpose. ARTICLE IX -COPIES OFDOCUME:NTS' Upon the transfer of any 'lot, or upon 'tl1e leasing· ot any lot,. the transferor or the lessor shall delivex a copy of this declaration and a copy of the Specific Plan as amended to the date of such transfer or lease to the transferree or lessee. Dated: CARLTAS COMPANY, . a California !,Jimited Partnership. By: Chris,topher C • Calkins , Ma.nager 6 " J ) STATE OF CALIFORNIA ) . COUNTY OF ____________ ~~ __ ~ ____ ~) On , before me; the undersigned, a Notary Public in and for said State, personally appeared ______ _ personally known to me (or proved· to me on the basis of satisfactory evidence) to be the person that execut.ed the· within instrument as ____________ -'--"""'""'-"'--_ pa;rtner (s), on beh~l f of. __ -:-:-_---:-___ ---::--_ _::_---:--~___::___"_::____:-'-......;..;..---, th epa r t n e r $'h i P therein named and acknowledged to l'!1e that the partnership executed it. WITNESS my hand and official seal. Signatu~e ___________ __ declar.con 7