HomeMy WebLinkAboutRP 04-17; Pine Avenue Units; Redevelopment Permits (RP)^ CITY OF CARLSBAD ^
LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
RECEIVED (FOR DEPARTMENT
USE ONLY)
RECEIVED (FOR DEPARTMENT
USE ONLY)
• Administrative Permit - 2nd
Dwelling Unit • Plannej|,jjj|dMgfri^g>erp^t 2: m
• Administrative Variance • Planning CiOrlrtrals^dnLSnAD T
• Coastal Development Permit • Precise Development Plan
• Conditional Use Permit
•
Redevelopment Permit
• Condominium Permit • Site Development Plarr
• Environmental Impact
Assessment
• Special Use Permit
• General Plan Amendment • Specific Plan
• Hillside Development Permit • Tontativo Parcol Map
Obtain from Engineering Department
• Local Coastal Plan Amendment • Tentative Tract Map
• Master Plan • Variance
• Non-Residential Planned
Development • Zone Change
• Planned Development Permit List other applications not ^
specified fi(Jr(Ce
2) ASSESSOR PARCEL NO(S).:
3) PROJECT NAME: _
4) BRIEF DESCRIPTION OF PROJECT: CJ>X^VOHJhisoM tWiC OiStr>
5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type)
MAILING ADDRESS
CITY AND STATE ZIP TELEPHONE
MAILING ADDRESS
CITY AND STATE
foJi^f ^ ^^'^si-c^
CITY AND STATE ZIP TELEPHONE
I CERTIFY THAT /AM
INFORMATION IS TRI
KNOWtEDGE.
LEGAL OWNER AND THAT ALL THE ABOVE
CORRECT TO THE BEST OF MY
DATE
I CERTIFY TIMAT I AM THE LEGAL REPRESENTATIVE OF THE
OWNER AND THAT ALL/HE ABOVE INFORMATION IS TRUE AND
COBRHOr TO THE BES# OR MY KNOWLEDGE.
^NATURE DATE
7) BRIEF LEGAL DESCRIPTION A^f^ ^ ^> , ^^7. ^/. C tf^ Of' CA^/UJ^MP
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Form 16 Rev. 05/03 PAGE 1 OF 2
8) LOCATION OF PROJECT
ON THE
BETWEEN
STREET ADDRESS
SIDE OF
(NORTH, SOUTH, EAST, WEST)
AND
(NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE
10) PROPOSED NUMBER OF LOTS
13) TYPE OF SUBDIVISION
16) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
19) GROSS SITE ACREAGE
22) EXISTING ZONING
11) NUMBER OF EXISTING
RESIDENTIAL UNITS
14) PROPOSED IND OFFICE/
SQUARE FOOTAGE
17) PROPOSED INCREASE
IN ADT
20) EXISTiNG GENERAL
PLAN
23) PROPOSED ZONING
(NAME OF STREET)
(NAME OF STREET)
12) PROPOSED NUMBER
OF RESIDENTIAL UNITS
15) PROPOSED COMM
SQUARE FOOTAGE
18) PROPOSED SEWER
USAGE IN EDU
21) PROPOSED GENERAL
PLAN DESIGNATION
5"
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENfER^HE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE
CONSENT TO ENTRY/^PRTHIS PURPOSE
"URE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE
TOTAL FEE REQUIRED
FEE REQUIRED
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
DATE FEE PAID RECEIPT NO.
Form 16 Rev. 05/03 PAGE 2 OF 2
8) LOCATION OF PROJECT
ON THE
BETWEEN
STREET ADDRESS
SIDE OF
(NORTH. SOUTH, EAST, WEST)
AND
(NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE
10) PROPOSED NUMBER OF LOTS
±
{
13) TYPE OF SUBDIVISION
16) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
19) GROSS SITE ACREAGE
22) EXISTING ZONING
.HO
11) NUMBER OF EXISTING
RESIDENTIAL UNITS
14) PROPOSED IND OFFICE/
SQUARE FOOTAGE
17) PROPOSED INCREASE
IN ADT
20) EXISTING GENERAL
PLAN
23) PROPOSED ZONING
(NAME OF STREET)
(NAME OF STREET)
12) PROPOSED NUMBER
OF RESIDENTIAL UNITS
15) PROPOSED COMM
SQUARE FOOTAGE
18) PROPOSED SEWER
USAGE IN EDU
21) PROPOSED GENERAL
PLAN DESIGNATION
5*
V
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENifEiJ^HE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE
CONSENT TO ENTRY/iDlTTTMIS PURPOSE
'URE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE
TOTAL FEE REQUIRED
FEE REQUIRED ID
AUS 26 2004
DATE STAliSP^VPPLS^TION RECEIVED
RECEIVED BY:
DATE FEE PAID RECEIPT NO.
Form 16 Rev. 05/03 PAGE 2 OF 2
CARLSBAD REDEVELOPMENT AGENC
PERMIT APPLICATION
PLEASE CHECK ALL THAT APPLY:
I I ADMINISTRATIVE PERMIT
I I New construction of building(s) or
addition(s) to the building footprint which
have a building permit valuation which is
equal to or less than $60,000.
I I Interior or exterior improvements to existing
structures which result in an intensity of
use.
I I Provisional land uses, where a minor or
major redevelopment permit is not
required.
I I Changes in permitted land uses which
result in site changes, increased ADT,
increased parking requirements, or result in
compatibility issues/problems.
I I Signs for existing businesses or facilities.
I I Repair or maintenance activities which are
not exempt from obtaining a permit.
•
13
COASTAL DEVELOPMENT PERMIT
MAJOR REDEVELOPMENT PERMIT
0
•
New construction of building(s) or
addition(s) to the building footprint which
have a building permit valuation which is
greater than $150,000.
Variances for projects within this category.
• MINOR REDEVELOPMENT PERMIT
•
•
•
New construction of building(s) or
addition(s) to the building footprint which
have a building permit valuation which is
greater than $60,000 but less than
$150,000.
Variances for projects within this category.
Variances for projects which would
otherwise be exempt or be eligible for an
administrative permit.
• MISCELLANEOUS REDEVELOPMENT PERMIT
•
•
•
•
•
•
A-Frame Sign
Sign Permit
Sign Program
Sidewalk Tables/Chairs
Outdoor Displays
Other
PROJECT TITLE: fl^^ h\{Ci^O€^ \J
Brief description of project: /
Property Location:
APN(s): ""T^^ Street Address
Owner's Hame^f f lhl>C- A^^Af^ Li^
Address / lA'^'} pH grg A
TCXA1I=)YJ 'Ck
Telephone Number_
Applicant's Name
Address
Telephone Number_
THE AREA BELOW IS TO BE COMPLETED BY CITY STAFF
FEES FOR APPLICATION PROCESSING:
(List type of fee and amount)
RECEIPT OF APPLICATION
Date Application Received i^|2/^|^V
Application Received by^
Permit Number Assigned.
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: flt^^ ^rT^^^T- Jt^irs
APPLICANT NAME: ^o/ ^ /-f^/^ ^/"P//^-^
Please describe fully the proposed project by application type. Include any details
necessary to adequately explain the scope and/or operation of the proposed project.
You may also include any background information and supporting statements regarding
the reasons for, or appropriateness of, the application. Use an addendum sheet if
necessary.
Description/Explanation:
^' I'-' Y 5» ^ '5t7*^
Project Description 10/96 Page 1 of 1
PROJECT DESCRIPTiON/EXPLANATION
PROJECT NAME: PlWlg> Ot^l-f^ .
APPLICANT NAME: K|^Ah^<^S {-jg^LMaTX-
Please describe fully the proposed project by application type. Include any details
necessary to adequately explain the scope and/or operation of the proposed project.
You may also include any background information and supporting statements regarding
the reasons for, or appropriateness of, the application. Use an addendum sheet if
necessary.
Description/Explanation:
Project Description 10/96 Pagelofi
Citv of Carlsbad
Housing & Redevelopment Department
DISCLOSURE STATEMENT
Applicant's statement or disclosiu-e of certain ownership interests on all applications which will require
discretionary action on the part of the City Coimcil or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defmed as "Any individual, firm, co-partnership, joint venture, association, social club, fratemai
orgamzation, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a fmancial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person
Titie]K\AM^g//^(r fVt^-TKl^rg
Address |7^'?^7-A %^^M^0O
^^Ki Oik ^-T-O^'f
2. OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or partnership, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDTVIDUALS OWN MORE THAN 10% OF THE SHARES,
' PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Corp/Part $^^7 f/N)^ ksSQC^fit-rm, ^t-C
J Title
Address
Person E-^.Hll?r '^\3^
TitleM/^Ki PSh^ fh nr N1 t>l^
Address|'V'^?>7-/^\ ^\A€ilf<^
Corp/Part 5^ f/^ f\s5uC/m^ C
Title
Address
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @
NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trastee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title Title^
Address Address
4. Have you had more than $250 worth of business transacted with any member of City staff.
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
I I Yes ^ No If yes, please indicate pers(Hi(s):.
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowk^ge.
iature of applicant/date
Print or type name of owner Print or type name of applicant
Signature of ovmer/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
Paae 2 of 2
EXHIBIT B
Initial Members and Priority Members
Name
^^^/Francis E. Helmuth (Priority Member)
^ '^HjSloria Macias Helmuth (Priority Member)
'2jJj£r Darin M. Diaz
c^rJoseph V. Bellavia (Priority Member)
•'^/''(Rhonda M. Bellavia (Priority Member)
v/fBrian Johnson (Priority Member)
[Kate Johnson (Priority Member)
/Z-^TImothy Jump (Priority Member)
, ^r)5tephen M. Knecht (Priority Member)
I ^yO^Ann G. Knecht (Priority Member)
Address
12937-A Pomerado Road Poway CA 92064
12902 Via Del Tore Poway CA 92064
4730-N Iroquois Ave. San Diego CA 92117
13579 Lavender Way San Diego CA 92130
13579 Lavender Way San Diego CA 92130
223 Via Villena, Encinitas CA 92024
223 Via Villena, Encinitas CA 92024
1008 East South Street Bolivar MO 65613
1986 Road "A" Emporia KS 66801
1986 Road "A" Emporia KS 66801
507 Pine Associates, LLC 19
DECLARATION OF
COVENANTS AND RESTRICTIONS
OF
Pine Avenue Condominiums
This declaration of Covenants, Conditions, and Restrictions (Declaration) is
made , 2006 by 507 Pine Associates, LLC (Declarant), a
California Limitect Liability Company. Its principle office is located at 12937-A
Pomerado Road, Poway, California 92064.
^ RECITALS
The Declarant is the owner of real property located in the City of Carisbad,
County of San Diego, California, with Assessor's Parcel Number (APN) 204-081-
01 more fully described in EXHIBIT "A". Declarant has improved or intends to
improve the real property by constructing improvements on it containing four (4)
dwelling units and other facilities in accordance with plans and specifications on
file with the City of Carisbad, California. By the Declaration, Declarant intends to
establish a plan of condominium ownership that Is a "common interest
development" under California Civil Code §1351.
Declarant declares that, on conveyance of the first Condominium to an Owner
other than Declarant, the Development will be a common interest development,
as defined in California Civil Coed § 1351, and shall be heki, conveyed,
hypothecated, encumbered, leased, rented, used, and occupied subject to the
following limitations, reservations, restrictions, easements, covenants, conditions,
servitudes, liens, and charges, all of which are declared and agreed to be in
furtherance of and pursuant to a plan of common Interest development as
described in California Civil Code §§13350-1376 for the subdivision,
improvement, protection, maintenance, and sale of Condominiums within the
Development, and all of which are declared and agreed to be enforceable
equitable servitudes for the purpose of enhancing, maintaining, and protecting
the value and attractiveness of the Development. All of the limitations,
resen/ations, restrictions, easements, covenants, conditions, servitudes, liens,
and charges shall be binding on and inure to the benefit of all parties having or
acquiring any right, title, or interest in the Development, and shall be binding on
and inure to the benefit of the successors in interest of such parties. Declarant
further declares that it is the express intent that this Declaration comply with
California Civil Code § 1353.
ARTICLE I - DEFINITIONS
The following terms used in this Declaration shall be applicable to this
Declaration and to any amendments hereto and are defined as follows:
1.1 "Articles" means the Association's articles of incorporation and any
amendments.
1.2 "Association" means the Pine Avenue Condominiums Association, a
California nonprofit mutual benefit corporation, and its successors and
assigns.
1.3 "Association Rules" means the rules and regulations adopted and amended
by the Board from time to time regulating the general management and
operation of the Development, the conduct of the business and affairs of the
Association, and the use and enjoyment of the Common Area and of the
Exclusive Use Common Areas.
1.4 "Board" or "Board of Directors" means the Board of Directors of the
Association.
1.5 "Bylaws" means the Association's Bylaws and any amendments to the
Bylaws.
1.6 "City" means the City of Carlsbad, California.
1.7 "Committee" means any Committee established under this Declaration or
Bylaws.
1.8 "Common Area" means all portions of the Condominium Property other than
Living Units.
1.9 "Common Area Maintenance Standards" means the description of the
Association's obligation and the standards and schedules for maintenance of
the Common Area improvements and other Common Area facilities as
established by Declarant, and any updates or modifications that the Board
approves.
1.10"Common Driveway" means a common driveway serving more than one
Condominium.
1.11 "Condominium" means a fee simple estate in the Condominium Property as
defined in §783 and §1351(f) ofthe Califomia Civil Code and shall consist of
a separate interest in a Living Unit and an undivided one-fourth (1/4) interest
as tenant in common in the Common Area of the Parcel in which the Living
Unit is located and a non-exclusive easement for ingress and egress over
the common area.
1.12"Condominium Plan" means the Condominium Plans recorded pursuant to
California Civil Code § 1351 (e) covering the Condominium Property, or any
part thereof, including such amendments thereto as may from time to time
be recorded.
1.13"Condominium Property" means that real property and improvements
thereon which are part of the Project.
1.14"County" means the County of San Diego, California.
1.15 Declarant" means 507 Pine Associates, LLP, a California Limited Liability
Company and any successor and assignee to whom Declarant assigns its
interest as Declarant in whole or in part by an instrument recorded in the
Official Records of the City or County.
1.16"Declaration" means this DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS of Pine Avenue Condominiums and any subsequent
recorded amendments.
1.17"Developmenf means the Property after (i) it has been developed and
improved (ii) it has been divided into Condominiums by recordation of the
Subdivision Map and Condominium Plan, and (iii) it has been made subject
to this Declaration.
1.18 "Exclusive Use Area" shall mean those portions of the Common Area to
which an exclusive right to use is granted to an Owner as shown and
described on the Condominium Plan and shall include garages, patios and
balconies.
1.19 "Pine Avenue Condominiums" means the actual name ofthe Condominium
Project.
1.20 "Improvement" or "Improvements" means and includes, but is not limited to
buildings, lighting, driveways, common driveways, parking areas, fences,
screening, retaining walls, stairs, decks, water lines, irrigation, sewer,
electrical, cable television, landscaping, and all other approvals by the
Committee, whether above or below the land surface.
1.21 "Landscaping" or "Landscaped Area" means the area which is to be, or is,
landscaped.
1.22"Living Unit" means those portions of the Project shown and designated as a
Living Unit on the Condominium Plan, the boundaries of which are the
exterior finished surfaces of the perimeter walls, foundations, roofs, windows
and doors thereof including the portions of the Condominium building so
described, the airspace so encompassed including garage areas, patios,
balconies, and all bearing walls, columns, floors, roofs, foundations, central
services, pipes, ducts, flues, chutes, conduits, wires and other utility
installations, wherever located upon or within a Condominium building.
1.23"Member" means an Ovner in the context ofthe Association.
1.24"Mortgage" means a Deed of Trust as well as a mortgage.
1.25"Mortgagee" means a beneficiary under or holder of a Deed of Trust as well
as a mortgagee.
1.26"Mortgagor" means the trustor of a Deed of Trust as well as a mortgagor.
1.27"Owner" means the record owner, whether one (1) or more persons, or
entities, including the Declarant, of fee simple title to any Condominium
which is a part of the Condominium Property, including contract sellers but
excluding those having such interest merely as security for the performance
of an obligation.
1.28"Owner Maintenance Standards" means the description of the Owner's
obligation and the standards and schedules for maintenance of the Units
(including any improvements within the Units) as established by Declarant,
and any updates or modifications that the Board approves
1.29"Person" means a natural person, a corporation, a limited liability company,
a partnership, a trustee, or other legal entity.
1.30"Project" means all structures and improvements on the Condominium
Property.
1.31 "Storage Space" means that amount of separate storage space per unit. If
storage space is located at each unit, that amount shall be 480 cubic feet of
separate storage space per unit. If all storage for each unit is located in one
area, the space may be reduced to 392 cubic feet per unit. This space shall
be separately enclosed for each unit and be conveniently accessible to the
outdoors. This space may be designed as an enlargement of the required
covered parking structure provided it does not extend into the area of the
required parking stall. This storage space is in addition to closets and other
indoor storage areas.
1.32"Streef or "Streets" means any publicly dedicated street or any other
publicly dedicated thoroughfare within or adjacent to the Project and shown
on any recorded sutxiivision or parcel map or record of survey, whether
designated thereon as a dedicated street, boulevard, place, drive, road, or
any other designation used to name a public street.
ARTICLE II—COMMON INTERESTS, PROPERTY RIGHTS, RIGHTS OF
ENJOYMENT
2.1 Ownership of Condominium. Ownership of each Condominium in the
Development shall include a Unit, an undivided interest in the Common
Area (which undivided interest is described in Exhibit B attached to this
Declaration and shall be specified in the deed from Declarant to each
Owner and which undivided interest cannot be altered or changed as long
as the prohibition against severability of component interest in a
Condominium remains in effect as provided in this Declaration), a
membership in the Association, and any exclusive or nonexclusive rights
of use or servitudes appurtenant to the Unit or Condominium over the
Common Area or other Units as described in this Declaration or the deed
to the Condominium. All Owners, including Declarant as an Owner of
unsold Condominiums, shall have and enjoy all the rights and shall be
subject to all the duties of an Owner under the Governing Documents and
Board resolutions. Also, Declarant shall have the rights of membership in
the Association. All other rights of Declarant under this Declaration are
independent of Declarant's status as an Owner of unsold Condominiums.
2.1.1 Nonexclusive Riqhts.
2.1.2 Owner's Nonexclusive Easement Riqhts: Association Rights. Every
Owner has a nonexclusive easement and rights of use, enjoyment,
ingress, egress, and support into, and throughout the Common
Area, including any improvements or facilities, such as streets,
sidewalks, paths, and walkways. Every Owner shall also have the
unrestricted right of ingress and egress to the Owner's
Condominium. Each such nonexclusive easement and rights shall
be appurtenant to each Owner's Condominium and shall pass with
the title to the Condominium. Each such nonexclusive easement
and rights shall be subject to the following rights and restrictions:
2.1.2.1 The right of the Association to adopt and enforce Association
Rules on the control and use of any private sidewalks,
entryway, and paved areas located on or across the
Common Area, including the right to regulate the kind of
motorized or non-motorized vehicles, the speed of vehicles,
and the paridng of vehicles on such private areas. Declarant
or the Association is authorized to delegate to a municipality
or other governmental entity or to contract with any private
security patrol company to exercise its authorized rights in
connection with such private areas.
2.1.2.2 The right of the Association to acquire, use and maintain any
storage rooms or areas located in the Common Area for the
exclusive use ofthe Association.
2.1.2.3 The right of the Association to limit the number of guests and
to adopt and to enforce Association Rules on the use of the
Common Area by guests.
2.1.2.4 The right of the Association to consent to or othenvise cause
the construction of additional improvements on the Common
Area and to consent to or othenvise cause the alteration or
removal of any existing improvements on the Common Area,
including the right to deny access to portions of the Common
Area during periods of construction, alteration, or removal of
improvements on the Common Area.
2.1.2.5 The right of the Association to borrow money to improve,
repair, or maintain the Common Area.
2.1.2.6 The rights, easements, covenants, conditions, servitudes,
and restrictions reserved to Declarant and to other Owners
in this Declaration or in any recorded instrument; dedicated
to the City or any municipality or special district or other
interested party on the Subdivision Map; or granted or
reserved to any other person in any recorded instrument or
recorded agreement affecting the Development and
recorded prior to the date of recordation of this Declaration.
2.1.3 Entrv or Use Riqhts
2.1.3.1 Construction of Improvements. Declarant and its
contractors, representatives, agents, employees, or
designees shall have the right to enter on the Development
to construct the Development, to conduct sales activities,
and to make repairs and remedy construction defects. This
entry shall not interfere with the use or occupancy of any
occupied Unit unless authorized by the Unit Owner, which
authorization shall not be unreasonably withheld.
2.1.3.2 Performance of Association Obliqations. The Association or
its agents shall have the right to enter any Unit to perform its
obligations under this Declaration, including obligations of
construction, maintenance, or repair for the benefit of the
Common Area or the Owners in common, Entry into the
residential portion of a Unit shall be made only after 3 days'
notice to the Owner, as long as the right to enter shall be
immediate in case of an emergency originating in or
threatening the Common Area, Owners, or such Unit,
whether or not the Owner is present. Entry shall be made
with as little inconvenience as possible to the Owner and any
damage caused by such entry, construction, or repair shall
be repaired by the Association.
2.1.3.3 Cure Violations. The Association, or its agents, shall have
the right to enter any Unit to cure any violation or breach of
this Declaration, the Bylaws, or the Association Rules as
long as the Association has complied with the notice and
hearing requirements of California Civil Code §1368.5 and
the Owner has not acted to cure such violation or breach,
except that, in an emergency originating in or threatening the
Common Area, the Owners, or such Unit, the right of entry
shall be immediate, The Association shall be entitled to
recover from such Owner its costs of effecting such cure.
2.1.3.4 Owner Maintenance or Repairs. Any Owner, or the Owner's
contractor, representatives, or designees, shall have the
right to enter the nonresidential portion of the Unit of any
other Owner to perform maintenance or repairs to the
entering Owner's Unit, or to perform installations, alterations,
or repairs to mechanical, electrical, utility, or drainage
services or devices, including gutters, downspouts, yard
drains, underground sewer, water, gas, drain pipes and
lines, and cable facilities or equipment, which are reasonably
necessary for the use and enjoyment of the entering
Owner's Unit. Requests for entry shall be made at least 3
days in advance and such entry shall be at a time
convenient to the Owner whose Unit is being entered, except
that in an emergency such right of entry shall be immediate.
Any damage caused by such entry, maintenance, repairs,
installation, or alterations shall be repaired by the entering
Owner or by the Owner's representative.
2.2 Exclusive Use Riqhts: Exclusive Use Common Areas
2.2.1 Driveways and Walkwavs. Each Owner shall have an exclusive
right of use appurtenant to the Owner's Condominium for driveway
and walkway purposes over that portion of the Common Area
adjacent to the Owner's Unit, designated on the Condominium Plan
and attached as Exhibit C to this Declaration and bearing the
Owner's Unit number, which shall constitute an Exclusive Use
Common Area. Each owner having such an exclusive easement
for driveway or walkway purposes shall keep his or her driveway
area or walkway in a neat, clean, attractive, and safe condition at all
times. Any necessary repairs, replacements or maintenance
regarding any such walkway shall be the sole responsibility of the
Owner to whose Condominium such exclusive easement for
walkway purposes is appurtenant.
2.2.2 Patios and balconies. Each Owner shall have an exclusive right of
use appurtenant to the Owner's Condominium to use and enjoy that
portion of the Common Area adjacent to the Owner's Unit,
designated on the Condominium Plan and attached as Exhibit D to
this Declaration as a patio area or balcony, and bearing the
Owner's Unit number, which shall constitute an Exclusive Use
Common Area. Each owner shall keep his or her patio area and
balcony or balconies in a neat, clean, attractive, and safe condition
at all times. The Association may, in its discretion, develop rules or
provisions in it Bylaws applicable to the types, size, weight, and
composition of personal property that be placed or stored on
balconies and the installation, location, and maintenance on
balconies of plants, planter boxes, and irrigation systems..
2.3 Minor Encroachments. If any portion of the Common Area landscaping or
improvements, including without limitation, any structure, perimeter wall or
fence, retaining wall, side yard or rear yard walls or fences, or any related
foundation, footings, pilasters, or posts encroaches on any Unit or if any
portion of a Unit encroaches on the Common Area, regardless of the
cause, a valid right of use exists for such encroachment and for the
maintenance of it as long as it remains, and all Units and the Common
Area are made subject to such rights of use. However, in no event shall a
valid right of use exist in favor of an Owner if the encroachment occurred
by the Owner's willful misconduct or resulted from the Owner's
noncompliance with any provision of the Declaration. If any structure is
partially or totally destroyed and then rebuilt and any encroachment on the
Common Area or any Unit results, a valid right of use exists for such
encroachment and for the maintenance of it as long as it remains, and all
Units and the Common Area are made subject to such rights of use.
2.4Owner and Third Partv Easements Granted bv Declarant or bv
Association.
2.4.1 Authoritv over Common Area. The Board or Declarant (as long as
Declarant owns any of the Condominiums) shall have the power
and the right in the name of the Association and all of the Owners
as their attorney-in-fact to grant, convey, or otherwise transfer to
any Owner or any other person fee title, easements, leasehold
estates, exclusive use easements or rights, licenses, lot-line
adjustments, rights-of-way, or dedications in, on, over or under the
Common Area or other property interests in order to (i) construct,
erect, operate, maintain, or replace lines, cables wires, conduits, or
other devices for electricity, cable television, internet services, fiber
optics, telecommunication equipment, power, telephone and other
purposes, public sewers, stonn water drains and pipes, water
systems, sprinkling systems, water, heating and gas lines or pipes,
and any similar public or quasi-public improvements or facilities; (ii)
accommodate any encroachment that in the sole discretion of the
Board or Declarant does not unreasonably interfere with the use
and enjoyment of the Common Area; or (iii) accomplish any other
purpose that in the sole discretion of the Board or Declarant is in
the interest of the Association and its Members and does not
unreasonably interfere with the use and enjoyment of the Common
area. Each Owner, in accepting a deed to a Condominium
expressly consents to such action and authorizes and appoints the
Association and Declarant (as long as Declarant owns any
Condominium in the Development) as attorney-in-fact of such
Owner to execute and deliver all documents and interests to
accomplish the action, including, but not limited to, grant deeds,
easements, subdivision maps and lot-line adjustments. Despite
everything in this Declaration to the contrary, in no event shall the
Board or Declarant to take any action authorized hereunder that
would permanently and unreasonably interfere with the use,
occupancy, and enjoyment by any Owner of his or her
Condominium or any Exclusive Use Common Area without the prior
written consent of that Owner. Furthemiore, the conveyances of
fee titte to any portion of the Common Area as authorized in this
section (other than conveyances made as part of lot-line
adjustments) shall require the consent of a majority of the total
voting power of the Association other than Declarant and such
consent ofthe Mortgagees as may be required.
2.4.2 Emerqency Access and Riqht-of-Wav. The Property, each Owner,
and the Association are declared to be subject to the emergency
vehicle access easement and public right-of-way easement, as
shown on and described in the Subdivision Map.
2.5Owner's Riqhts to Deleqate Use and Eniovment. Any Owner may
delegate the Owner's rights of use and enjoyment in the Development to
the members of the Owner's family, the Owner's guests and invitees, and
to such other persons as may be permitted by the Bylaws and the
Association Rules, subject, however, to compliance by such delegate with
this Declaration, the Bylaws, or the Association Rules. However, if the
Owner has sold the Condominium to a contract purchaser or rented it, the
Owner, members of the Owner's family, the Owner's guests and invitees,
shall not be entitled to use and enjoy the Development while possession
of the Owner's Unit is held by such contract purchaser or tenant, unless
the Owner resides in another Unit in the Development. Instead, the
contract purchaser or tenant, while in possession of such Unit shall be
entitled to use and enjoy the Development and can delegate the rights of
use and enjoyment in the same manner as if the contract purchaser or
tenant were and Owner during the period of the contract purchaser's or
tenant's possession. Each Owner shall notify the Secretary of the
Association, in advance of occupancy, of the names of any contract
purchasers or tenants of the Owner's Condominium. Each Owner,
contract purchaser, or tenant shall also notify the secretary of the
Association of the names of all persons to whom said Owner, contract
purchaser, or tenant has delegated any rights of use and enjoyment in the
Devek»pment and the relationship that each such person bears to the
Owner, contract purchaser, or tenant. Any delegated rights of use and
enjoyment are subject to suspension by the Association to the same
extent as are the rights of Owners. No delegation of rights of use and
enjoyment by an Owner shall relieve an Owner from liability to the
Association or to other Owners for payment of assessments or other
monetary obligations to the Association or performance of the covenants,
conditions, and restrictions in the Dedaratton. Any lease, rental
agreement, or contract of sale entered into between an Owner and a
lessee, tenant, or contract purchaser of a Condominium shall be subject to
and shall incorporate by reference, and shall require perfomnance by the
lessee, tenant, or contract purchaser, of all covenants, conditions, and
restrictions in this Dedaratton, which shall be for the express benefrt ofthe
Associatton and each Owner, The Associatton and each Owner shall
have a right of action directly against any lessee, tenant, or contract
purchaser of an Owner, as well as against the Owner, for non
perfomiance of any provision of this Declaration to the same extent that
such right of actton exists against such Owner.
ARTICLE III - COVENANTS, CONDITIONS, AND RESTRICTIONS
3.1 Residential Use. Units shall be used for residential purposes only.
However, for a period of two (2) years after the date of recordation of
this Dedaratton or the date when all Condominiums in the Development
have been sold and conveyed by Declarant to separate Owners,
Condominiums owned or leased by Declarant and the Common Area
may be used by Declarant or its designees as models, sales offices,
and construction offices in order to develop, build, improve, and sell
Condominiums in the Development. Except as provided in the
preceding sentence, no part of the Development shall be used or
caused, allowed, or authorized to be used in any way, directly or
indirectly, for any business, commercial, manufaduring, mercanttle,
storage, vending or other nonresidential purpose.
3.2 Leasinq and Transient Occupancv. Nothing in this Declaration shall
prevent an Owner from leasing or renting the Owner's Condominium to
a tenant, except that renting the condominium as a vacation rental is
expressly prohibited. However, any lease or rental agreement shall be
for a period of not less than six (6) months, shall be in writing, shall
comply with Article 3.1, and shall specify that failure to abide by such
provisions shall be a default under the lease or rental agreement.
Failure by an Owner to take legal adion, including the institution of
proceedings in unlawful detainer against the Owner's tenant who is in
violation of this Declaration, the Article, the Bylaws or the Association
Rules within 10 days after receipt of written demand so to do from the
Association, shall entitle the Association to pursue any and all remedies
against the tenant that it may take against a defaulting Owner. Any
expenses incurred by the Association, including attorney fees and costs
of suit, shall be paid by the Owner.
3.3 Utilities. Equipment. Svstems. and Fixtures. Each Owner shall be
responsible for maintaining and repairing the mechanical, air
conditioning, plumbing, sewer, eledrical, heating, water, gas, cable
television, drains and other lines, equipment, systems, and fixtures
exclusively serving the Owner's Unit. In general, an Owner's
maintenance responsibility begins at the junction box, meter, sewer
connection, or other point at which exclusive service to the Owner's Unit
begins or, if such exclusive service point cannot be determined or is
disputed by the Owner, at the point designated by the Association
Board. Each Owner shall maintain and repair the interior walls, ceilings,
windows, and doors of the Owner's Unit, the yard area, and garage of
the Owner's Unit, induding any entryways that may extend into the
Common Area. All maintenance and repair work to be performed by an
owner under this Section or under any other provisions of this
Declaration or the Association Rules, shall be perfomied in a neat,
clean, sanitary, workable and attractive manner and in conformity with
the standards and poiicies of the Owner Maintenance Standards as
identified in this Declaration or, if standards and policies have not been
established or do not apply, in conformity with specific requirements of
the Association Board applicable to the Owner's Unit.
3.4 Structural Alterations and Improvements. No structural alterations to
the interior of or Common Area surrounding any Unit shall be made and
no plumbing or electrical work (other than minor repairs and
replacements) within any bearing or common walls shall be perfomied
by any Owner without the prior written consent of the Association Board.
No Owner shall construd any improvement or make any alterations or
modifications to the exterior or other strudural walls of the building or to
the fences or railings, which are part of or adjacent to the Owner's Unit,
without first obtaining the written consent of the Association Board.
Before commencing any alterations or performing any plumbing or
electrical work, an Owner shall obtain all required permits from the City
or other governmental body having jurisdidion.
3.5 Repair. Replacement. Reconstrudion of Appliances. Fixtures.
Equipment, or Interior Improvements. Any appliances or mechanical,
plumbing, sewer, water, gas, cable equipment, or fixtures or
nonstrudural interior partition walls, windows, and doors located in a
Unit or exclusively serving a Unit that are damaged or destroyed,
regardless of the cause and whether or not covered by insurance, shall
be repaired, replaced, or rebuilt by the Owner of the Condominium of
which the Unrt is a part in accordance with the same plans and
specifications used by Declarant, except for modifications required by
the City or other governmental body having jurisdidion of the
Development or approved by the Association Board. Subject to the
rights of the Mortgagees and to this Declaration, the Association shall
make available to each such Owner, solely for the purpose of making
such repair, replacement, or reconstrudion, all insurance proceeds
received by the Association because of such damage or destrudion
affecting the appliances, systems, equipment, or fixtures, or
nonstrudural interior improvements located in the Owner's Unrt. Any
cost of repair, replacement, or reconstruction not covered by available
insurance proceeds, including any uninsured or underinsured damage
or destrudion shall be paid by the Owner of the Condominium of which
the affected Unrt is apart, and no other Owner nor the Associations shall
have any obligation or liability with resped to that Unrt. If an Owner is
required to make any repair or if an Owner desires to rebuild any
improvement or install any fixture or equipment that will affed or involve
the exterior walls of the Owner's Unrt, any bearing wall, or other
structural member or the Common Area, the prior written approval of the
Association Board must first be obtained. However, such approval need
not be obtained to make emergency repairs, as long as the affected
strudure is restored to its original condition at the Owner's expense.
3.6 Interior of Unrt. Each Owner shall maintain, in good repair, the interior
of such Owner's Unrt. Each Owner shall have complete discretion in
choice of furnrture, furnishings, and interior decoration of the Owner's
Unrt and shall have the exclusive right, at such Owner's sole cost and
expense, to make, alter or modify rts interior improvements that do not
affect the exterior or other strudural walls, utility lines, or mechanical
systems of the building and to paint, repaint, wax, paper, drape, carpet,
and tile (as hereafter condrtioned) and othenvise refinish and decorate
the inner surfaces of the walls, ceilings, windows, floors, and doors
wrthin such Owner's Unrt, subjed to the following provisions:
3.6.1 Window treatments subject to view from neighboring Units, the
Common Area, or other property must be neutral in color or lined in
neutral color (neutral meaning little or no defined color) so as to
preserve the esthetic integrity and attradiveness of the
Development as a whole, Curtains, drapes, shutters, or blinds may
be installed as window covers. No window shall be covered wrth
aluminum foil, newspaper, sheets, paint or other material not
designed for use as a window cover.
3.6.2 No Owner or occupant shall replace the glass in the windows of his
or her Unrt, except with glass of similar color and quality to that
originally supplied with the Unrt.
3.6.3 Carpeting and padding shall be mandatory and required on all
interior stairs and landings and shall be of a combined total
density/thickness of at least 1" overall. High quality padding shall
be used. Hardwood flooring, marble, ceramic tile, vinyl sheet
goods, vinyl tile or other had floor coverings shall be pemiitted only
if originally installed by Declarant, or installed wrth an appropriate
sound-deadening base or other sound-attenuating features
acceptable to the Association Board, or installed in areas of the
Unrt that the Association Board determines shall not transmrt an
unreasonable amount of sound to adjoining Units.
3.6.4 No waterbeds shall be located in Units except with the prior
approval of the Association Board. An Owner shall be fully liable to
other owners, their families, guests, and invitees, and the
Association for any damage to persons or property resutting forni
the placement, use, leaking, operation, or movement of any
waterbed in such Owner's Unrt.
3.6.5 No portion of any patio area of a Unrt shall be enclosed above the
level of the top of the patio area wall, nor shall any structure, shade
screen, awning, hanging plants, or other devices be attached to rt,
except those that are installed in accordance with the original
construction of the Development, and their replacements, or those
authorized and approved by the Association Board. No furnrture or
other items shall be placed, stored, or maintained wrthin any patio
area of a Unrt unless the furniture or other rtems are designed for or
are consistent wrth patio use, as detemiined by the Association
Board, and do not exceed the height of any wall encompassing the
patio area. Such items may include potted plants as long as they
are not placed on a wall. Each Owner acknowledges that use,
decoration, landscaping, furnishing, or embellishing of patio areas
in any manner affeding or visible from neighboring Units, the
Common Area, or other property, could critically affect the common
enjoyment or appearance of the Development and must therefore
be subject to close control.
3.6.6 Sound system loudspeakers shall not be rigidly attached to the
ceilings, walls, shelves, or cabinets so as to introduce vibrational
energy into the strudure, except as may be installed originally by
Declarant or their replacements. Suitable mounting and/or vibration
insulation shall be incorporated to preclude such occurrence.
Sound systems shall not be operated at a volume in excess of
acoustical criteria adopted by the Board or in a manner that
constitutes a nuisance, as detemiined by the Board.
3.6.7 Pianos can be a cause of annoyance and complaint in a multifamily
structure. Usually this is because of the concentrated weight on
each caster leg of the piano and the resultant vibrational energy
transfer at these localized contact points, regardless of whether
carpeting and padding are used. It shall, therefore, be the
responsibility of any Owner to evaluate the particular situation and
appropriate noise reduction solution with respect to his or her
piano. A !4" neoprene waffle load distribution plate or pad has
been a solution in many cases. In no event shall an Owner permrt
a piano located in the Owner's Unrt to be played in excess of
acoustical criteria adopted by the Board, or in a manner that
constitutes a nuisance, as determined by the Board.
3.6.8 Criteria for acoustical privacy may be adopted by the Board for all
Units, or may be made applicable to a single Unrt if an acoustical
source is limited to that Unrt, and shall be applied to any condition
resulting in annoyance and complaint by other Unrt occupants
within the Development.
3.6.9 No fences, awnings, ornamental screens, screen doors,
sunshades, glass or screen enclosures, or walls of any nature shall
be ereded or maintained on or around any portion of any Unrt or
structure or elsewhere in the Development, except any that are
installed in accordance with the original construdion of the
Development, and their replacements, or those authorized and
approved by the Board. All fences or walls, including Party Walls,
installed in accordance with the original construdion of the
Development shall be replaced wrth fences or walls of like design
and materials, and no such fence or wall shall be removed wrthout
the consent of the Board. No Owner shall alter the shape, size, or
construction or use any materials different from those used in the
inrtial construction of any such fence or wall wrthout the written
consent ofthe Board.
3.7 Required Landscapinq of Yard Areas
3.7.1 Owners Maintenance Obliqations. Declarant shall install initial
landscaping, irrigation devices, and other improvements, including
without limitation, stonework, concrete work decks, paths, and
walkways in the Development. All initial landscaping, irrigation
devices, and other improvements and any replacements or
modifications to them shall erther meet the standards for
landscaping and irrigation devices and other devices established
from time to time by the Board or, rt such standards have not been
established or rt an Owner wishes to install landscaping, irrigation
devices, or other improvements that are not in accordance wrth
such standards, shall be based on written plans and specifications
prepared by such Owner or a licensed landscape professional and
approved by the Board. Despite the foregoing. Owners shall not be
permitted to install any landscaping or irrigation devices or other
improvements that alter the drainage patterns for the Development
or interfere with any watering devices installed by Declarant or the
Association. Each owners shall cut, trim, prune, and othenvise
maintain, irrigate, and replace as necessary all landscaping within
the yard of the Owner's Unrt (including, without limitation, any and
all trees installed by such Owner), in a safe, neat, clean orderiy,
sanitary, and attradive condition and in conformance with minimum
standards and policies established from time to time by the Board
or, rt such minimum standards and policies have not been
established or do not apply, in conformance with specific
requirements of the Board applicable to the Owner's Unrt. In
establishing any such minimum standards or spedfic requirements.
the Board shall act with a view toward achieving a unrtomi
appearance that is consistent wrth the Development's original
design. An Owner who disagrees wrth the standards or
requirements applicable to the Owner's Unrt shall be entitled to
request a hearing before the Board; however, all decisions of the
Board shall be final and binding on the Owner, and the Assodation
shall take such action to enforce such standards or requirements as
the Board deems appropriate in the circumstance. An Owner shall
be liable to the Association for all costs, including attorney fees,
incurred by the Association in enforcing such standards or
requirements.
3.7.2 Association Maintenance Obliqations. The Association shall be
responsible for the maintenance and repair of the Common Area
and any improvements or landscaping on rt, including the
maintenance and repair of the strudural components, exterior
surfaces (except glass, doors, and other Owner maintenance
obligations) and roofs of the buildings within the Project, and all
other facilities, amenities, entry gates, monuments, fences,
perimeter walls, walls abutting or fronting public streets, public area
lighting, drainage devices or facilities, serer mains, manifolds and
connections, water, gas, telephone, cable television, or electrical
supply lines, and any property acquired by or subject to the control
of the Association, including personal property.
The Association shall be responsible for the maintenance
and repair of the floor surface area of each balcony deck element of
a Unrt, except that each Owner shall be liable to the Association for
the cost of repairing damage caused by the Owner to the floor
surface area of the Owner's balcony deck.
The Association shall also be responsible for the
fire/sprinkler system. Specifically, the association shall maintain or
cause to be maintained all components of the system including the
water supply lines for a fire prevention system which shall be a one
inch (1") water line connected to the water meter located on what is
currently known at Tyler Street. It shall be the responsibility of the
Association to pay for any water usage relative to the system.
3.7.3 Common Areas. No Owner shall remove, alter, or injure in any way
any portion of the Common Area, including but not limited to, all
improvements to rt and personal property located on rt, or any
shrubs, trees, grass, plants, or other landscaping placed upon the
Common Area by Declarant or by the Association.
3.7.4 Offensive Conduct . No noxious or offensive activities, including,
but not limited to, repair of automobiles or other motorized vehicles,
shall be conduded within the Development. Nothing shall be done
on or wrthin the Projed that may be or may become an annoyance
or nuisance to the residents of the Development, or that in any way
interferes wrth the quiet enjoyment of occupants of Units. Unless
othenvise permitted by the Association Rules, no Owner shall serve
food or beverages, cook, barbeque, or engage in similar activrties
except within such Owner's Unrt or within an Exclusive Use
Common Area used for backyards or patios.
3.8 Provisions on Motor vehicles. Parkinq. and Garaqes.
3.8.1 General. The parking and operation of motor and recreational
vehicles and equipment on any portion of the Property shall at all
times be subject to the Association Rules, and shall be strictly
enforced.
3.8.2 Vehicles Defined. As used in this Sedion, (i) "conventional
passenger vehicles" are station wagons, family sedans, compads,
subcompacts, pickup trucks with shell not extending above the cab
level beyond one foot, and passenger vans and passenger vans
with extended tops not extended above the top more than 6 inches;
(ii) "recreational vehides or equipment" shall include, without
limitation, trailers, boats, campers, trailer coaches, buses, house
cars, camp cars, motor homes (if a size larger than 7 feet in height
and/or greater than 124 inches in wheelbase length), or any other
similar type of equipment or vehicle; and (iii)"commercial vehicle" is
a truck of greater than one ton capacity and/or any vehicle with a
sign displayed on any part of rt advertising any kind of business or
on which racks, materials, and/or tools are visible, or with a body
type normally used as a business vehicle whether or not a sign is
displayed on any part of rt. The type of motor vehicle license plate
shall not be material to the foregoing definitions.
3.8.3 Parkinq. Only conventional passenger vehicles shall be permitted
to park in the Development, and they shall be parked only wrthin a
garage or in an unassigned guest parking space. Except as
provided in this sedion, no commercial or recreational vehicles or
equipment shall be pemiitted to park or remain within the
Development, including without limitation, driveways, side and rear
yards unless parked in an area designated by the Board for parking
or storage of commercial or recreational vehicles or equipment;
however, no boat, truck, trailer, camper, recreational vehicle, or tent
shall be used as a living area while located wrthin the Development.
Despite the foregoing, temporary parking by commercial vehicles
for the purpose of loading or making deliveries or performing
services shall be permitted in accordance with the Association
Rules.
3.8.4 Use of Garaqes. Garages shall be used only for parking
conventional passenger vehicles and limited storage that does not
interfere wrth partying by the number of conventional passenger
vehicles for which the garage was originally designed, and shall not
be converted for living or recreational adivities. Garage doors shall
remain closed at all times except when being used to enter or exrt.
3.8.5 Repairs. No conventional passenger vehicle, recreational vehicle
or equipment, commercial vehicle, or any other motorized vehicle
may be dismantled, rebuirt, repaired, serviced, or repainted in the
Development. The Board may designate an area within the
Development for the purpose of washing and polishing vehicles and
for adivities normally incident to washing and polishing vehicles.
3.8.6 Guest Parkinq Spaces. Guest paridng spaces shall be used only
by authorized non-occupant persons and only as and to the extent
permitted by the Association Rules or by the Board. No vehicle
shall remain parked in any guest parking space for more than 48
hours. The Association shall post "No Parking - Fire Lane" signs in
areas that are not designated paridng spaces.
3.8.6 Use by Declarant. Despite the foregoing provision, as long as
Declarant has the right to se Units for models, sales office, and
construction offices under this Article, Declarant shall have the right
to use and to use one or more Unrts or the Common Area as a
temporary parking area, to use any guest parking areas for sales or
construdion activity parking, and to maintain trailers or temporary
strudures within the Development for uses incidental to the initial
construction and mariceting of the Development and any future
phase, as long as such use does not unreasonably interfere wrth
any Owner's use of the Common Area. Such trailers or structures
shall be promptly removed on completion of all construction and all
sales activity.
3.9 Slqns. No sign or billboard of any kind (including but not limited to
commercial or political signs) shall be displayed to the public view on or
from any Unrt except for:
3.9.1 Directional signs established by Declarant or the Association;
3.9.2 Such signs as may be required for legal proceedings or notices;
3.9.3 Residential identification signs of a combined total face area of
100 square inches or less for each Unrt;
3.9.4 During the time of construction of any improvement, one job
identification sign not larger than 18 by 24 inches in height and
width and having a face area not larger than 3 square feet;
3.9.5 Signs advertising Condominiums "For Sale" or "For Rent" which
shall be of customary and reasonable dimensions and of a
professional type and dignified appearance. If at the time of any
such desired use, the Association is providing "for Sale" or "fore
Rent" signs for the use of Owners, the sign provided by the
Association shall be used. "For Sale" or "For Rent" signs may not
be placed anywhere in the Common Area other than areas
expressly approved by the Association;
3.9.6 Signs, billboards, and other advertising devices or structures used
by Declarant in connedions witii the development, subdivision,
advertising, and sale ofthe Property and its Units; and
3.9.7 Noncommercial signs, posters, flags, or banners othenvise
pennitted by law, except that under no circumstances may a
noncommercial sign or poster exceed 9 square feet or a
noncommercial flag or banner exceed 15 square feet.
3.10 Antennas and External Fixtures. No television, radio, data transmission
poles, antennas, satellite dishes, security systems, flagpoles,
clotheslines, wiring, insulation, air-conditioning, machinery,
equipment, or fixtures, other than those originally installed by
Declarant or approved by the Board and any replacements, shall be
buirt, erected, or maintained on or within the Common Area or the
exterior surface or roof of any building.
3.11 Gas or Liquid Storaqe. No tank for the storage of gas or liquid shall be
installed on or in the Development unless such installation is done
by Declarant or has been approved by the Association.
3.12 Plant Diseases and Insects. No plants or seeds harboring noxious
inseds or infected with plant diseases shall be brought on, grown,
maintained, or allowed to exist within the Development. No Owner
shall permrt any thing or condition to exist that shall induce, breed,
or harbor infections plant diseases or noxious insects.
3.13 Animals. No animals, reptiles, rodents, birds, fish, livestock, or poultry
shall be kept in any Unrt or elsewhere wrthin the Development,
except that domesticated dogs, cats, aquatic animals kept in an
aquarium, and birds inside cages may be kept as household pets in
a Unrt if they are confined or kept on a leash and not kept, bred, or
raised for commercial purposes or in unreasonable quantities as
detennined by the Board. As used in this Declaration,
"unreasonable quantities" shall be deemed to limrt the total number
of all dogs, cats, aquatic animals, and birds to two per Unrt. The
Board can prohibrt the keeping of any pet or other animal that, in
the sole and exclusive opinion ofthe Board, constitutes a nuisance
to any other Owner and any decision rendered by the Board shall
be as enforceable as other restridions in this Declaration.. Any
Owner bringing, keeping, or permitting another person to bring or
keep a pet or other animal in the Development shall be liable to
other Owners, their family members, guests, invitees, tenants and
contract purchasers and their respective family members, guests
and invitees for any damage to persons or property legally caused
by the pet or animal brought on or kept in the Development. The
Association, its Board, employees, and agents shall have no liability
(whether by virtue of this Declaration or otherwise) to any Owner,
their family members, guests, invitees, tenants, and contract
purchasers for any damage or injury to persons or property caused
by any pet or other animal. Unless approved by the Board, no
strudure for the care, housing or confinement of any pet or other
animal in any Unrt shall be maintained so as to be visible from a
neighboring Unrt. No pets or other animals shall be permitted on
the Common Area except on a leash or similar device held by its
owner or its owner's agent. No pet or other animal shall be left
chained or othenvise tethered outdoors within a Unrt or in the
Common Area. Pet or other animal owners shall be responsible for
the prompt removal and disposal of animal wastes deposited by
their animals in the Development. Each person bringing or keeping
a pet or other animal within the Development shall be solely
responsible for the condud of the owner's pet or other animal.
3.14 Trash Disposal. No rubbish or debris of any kind shall be placed or
permitted to accumulate on or adjacent to any Unrt, and no odors
(except commercially sold manure when used as a lawn fertilizer)
shall be permitted to arise or emrt from any Unrt, so as to render
any such Unrt or any part of rt, or any activrty on rt, unsanitary,
unsightly, offensive, or detrimental to any other Unrt or the Common
Area in the vicinity of the Unrt or to the occupants of such other
Unrt. Trash, garbage, or other waste shall be kept only in sanitary
containers and shall be regularly collected. No
Owner shall pennrt or cause any trash or refuse to be kept wrthin
any part of the Development other than in customary trash
receptacles. Except on the scheduled day fro trash pickup, these
receptacles shall be located only in the owner's garage or places
specifically designated for such purposes.
3.15 Outside Launderinq and Drvinq. No exterior clothesline shall be
erected or maintained, and there shall be no exterior drying or laundering
of clothes on balconies, patios, porches, or other outside areas.
3.16 Common Area Trees. No owner shall cut, trim, prune, remove, replace,
or othenvise alter or affect the appearance or location of any living tree,
plant, or other vegetation located in any portion of the Common Area
without the written consent of the Association. If any Owner fails to comply
with this restridion, the Association may recover from such Owner the
cost of restoring or replacing any such vegetation.
3.17 Compliance with Law and Association's Insurance Requirements.
Nothing shall be done or kept in any Unrt or in the Common Area that
might increase the rate of, or cause the cancellation of, insurance for the
Development or for other Owners within the Development, or any portion
of the Development, wrthout the written consent of the Board. No Owner
shall pennrt anything to be done or kept in his or her Unrt that violates any
law, ordinance, statute, rule, or regulation of any local, county, state, or
federal body.
3.18 Owner's Obliqation for Taxes.
3.18.1 Seqreqated Real Propertv Taxes. Each Owner shall be obligated
to pay any taxes or assessments assessed by the County Assessor
of the County against his or her Condominium and against his or
her personal property.
3.18.2 Un^eqreqated Real Property Taxes. Until such time as real
property taxes have been segregated by the County Assessor of
the County, they shall be paid by the respective Owners. The
proportionate share of the taxes for a particular Condominium shall
be calculated by dividing the initial sale price or offered inrtial sale
price of the Condominium by the total initial sales prices and
offered initial sales prices of all Condominiums wrthin the
Development (the term "offered initial sales price" means the price
at which an unsold Condominium is then being offered for sale by
Declarant). If, and to the extent that taxes are not paid by any
Owner of a Condominium and are allowed to become delinquent,
they shall t>e collected from the delinquent Owner by the
Association.
3.19 General Enforcement bv the Citv. The City shall have the right, but not
the obligation, to enforce those Protedive Covenants set forth in this
Declaration in favor of, or in which the City has an interest.
3.20 Notice and Amendment. A copy of any proposed amendment to this
Declaration shall be provided to the City in advance, ff the proposed
amendment affeds the City, City shall have the right to disapprove. A
copy of the final approved amendment shall be transmitted to City
wrthin thirty (30) days for the official record.
3.21 Failure of Association to Maintain Common Area Lots and Easements.
In the event that the Association fails to maintain the "Common Area
Lots and/or the Association's Easements" as provided in Article 3,
Section 3.7.2, the City shall have the right, but not the duty, to perform
the necessary maintenance, If the City elects to perform such
maintenance, the City shall give written notice to the Association, with
a copy thereof to the Owners, setting forth with particularity, the
maintenance which the City finds to be required and requesting the
same be carried out by the Association wrthin a period of thirty (30)
days from the giving of such notice. In the event that the Association
fails to carry out such maintenance of the Common Area Lots and/or
Association's Easements within the period specified by the City's
notice, the City shall be entitled to cause such work to be completed
and shall be entrtled to reimbursement with respect thereto from the
Owners
3.22 Special Assessment Levied bv the Crtv. In the event the City has
perfonned the necessary maintenance to erther Common Area Lots
and/or Association's Easements, the City shall submrt a written invoice
to the Association for all costs incurred by the City to perform such
maintenance of the Common Area Lots and/or Association Easements.
The City shall provide a copy of such invoice to each Owner, together
with a statement that rt the Association fails to pay such invoice in full
within the time specified, the City will pursue collection against the
Owners pursuant to the provisions of this Section. Said invoice shall be
due and payable by the Association within twenty (20) days of receipt
by the Association. If the Association shall fail to pay such invoice in
full within the period specrtied, payment shall be deemed delinquent
and shall be subject to a late charge in an amount equal to six percent
(6%) of the amount of the invoice. Thereafter the City may pursue
collection from the Association by means of any remedies available at
law or in equity. Without limrting the generality of the foregoing, in
addition to all other rights and remedies available to the City, the City
may levy a special assessment against the Owners of each Lot for an
equal pro rata share of the invoice, plus the late charge. Such special
assessment shall constitute a charge on the land and shall be a
continuing lien upon each Lot against which the special assessment is
levied. Each Owner hereby vests the City wrth the right and power to
levy such special assessment, to impose a lien upon their respective
Lot and to bring all legal actions and/or to pursue lien foreclosure
procedures against any Owner and his or her respective Lot for
purposes of colleding such special assessment in accordance wrth the
procedures set forth in Article 3 of this Declaration.
3.23 Exceptions. The covenants and restrictions set forth in this Article or
elsewhere in this Declaration shall not and do not apply to any of the
following:
3.23.1 Any ad done or proposed to be done within the Development, or
any condition created in it, by any govemmental agency or entity, or the
agents or employees of any governmental entity acting in the scope of
their authority as such agents or employees.
3.23.2 Any act done or proposed to be done within the Development, or
any condrtion created in rt by any utility company (including but not limited
to, companies furnishing electric, gas, water, telephone, cable television,
and/or sewer service to all or pasts of the Development), or the agents or
employees of any such company, which act could be done by such
company were this Declaration not made.
3.23.3 Any act done or proposed to be done within the Development, or
any condition created in rt (including, without limitation, the use of Units for
models, sales, or resales offices), by Declarant, or its successors, assigns,
agents, employees, or contractors in connection wrth the marketing,
leasing, sales, or resales of Condominiums, located now or in the future
wrthin the development or in the course of planning for, preparing the
Development for and/or construction in the Development of any
improvements or utilities, residential buildings, and all other original
improvements, or in connection with the exercise of any easement
reserved to Declarant in this Declaration; provided, however that any such
acts, proposed acts, or condrtions created within the Development shall
not unreasonably restrict the Owners in their use and enjoyment of the
Common Area or its facilrties.
3.23.3 Any act done or proposed to be done within the Development, or
any condrtion created in rt, which act or condition has been approved in
advance by the Board acting wrthin its authority as set forth in this
Declaration; or
3.23.4 Any ad done or proposed to be done within the Development, or
any condition created in rt, by anyone under court order, or the order of
any public ofRcer or public agency; provided however that the orders
contemplated in this subsection are only those that are the resurt of action
initiated by public officers or agencies and that embody mandatory
requirements whrt penalties of nonperformance, and are not orders that
resurt from the application of private parties or are merely permissive.
3.24 Savinqs Clause ~ Future Construdion. Nothing in this Declaratbn shall
limrt the right of Declarant or its successors and assigns, to complete
contraction of improvements to the Common Area or to construd or
modrty buildings or stmdures in the Development or to alter them or to
construd additional improvements as Declarant deems advisable before
completion and sale of the entire Development. The rights of Declarant in
this Declaration may be assigned by Declarant to any successor to all or
any part of any Declarant's interest in the development, as developer, by
an express assignment incorporated in a recorded deed or any other
recorded instrument that transfers any such interest to a successor or to a
Mortgagee acquiring Declarant's interest in the Development by
foreclosure or by deed in lieu of foreclosure.
3.25 Indemntfication for Neqiiqence or Misconduct. Each Owner shall be
liable to the Association for any damage to the Common Area of to
Association-owned property that may be sustained by reason of the willful
misconduct or negligence of the Owner, members of the Owner's family,
and the contract purchasers, tenants, guests and invitees of the Owner,
but only to the extent that any such damage is not covered by casualty
insurance in favor of the Association or liability insurance covering the
Owner, members of the Owner's family, or the contract purchasers,
tenants, guests, or invitees of the Owner. Each Owner, by acceptance of
the deed to his or her Condominium, agrees to indemnify each and every
other Owner and the Association, and to hold them harmless from, and to
defend them against, any claim of personal injury or property damage
occurring wrthin the Unrt and any Exclusive Use Common Area of the
indemnifying Owner, except to the extent that (i) such injury or damage is
covered by liability insurance in favor of the Association or the indemnified
Owners or (ii) the injury or damage occurred by reason of the willful or
negligent act or omission of the Association or another Owner of person
temporarily visiting his or her Unrt.
The Association may levy a monetary penalty against an Owner
and impose a lien against the Owner's Condominium as a way to
reimburse the Association for costs the Association incurred in repairing
damage to the Common Area or Association-owned property for which the
Owner or the Owner's guests or tenants were responsible under this
section or any other provision of this Declaration.
3.26 Enforcement bv Surt. The failure of any Owner to comply with any
provision ofthis Declaration, the Articles, Bylaws, Association Rules, or
Board resolution shall give rise to a cause of action In the Association and
any aggrieved Owner for the recovery of damages of for injunctive relief,
or both. The failure by the Association to perfomi any duty under, or to
enforce the provision ofthis Declaration, the Articles, Bylaws, Association
Rules, or Board resolution shall give rise to a cause of action in any
aggrieved Owner to compel such performance or enforcement, to recover
damages, or both.
In accordance with California Civil Code §1363.820, the
Association shall provide a fair, reasonable and expedrtious procedure to
its Members for the resolution of disputes between the Association and a
Member involving their respective rights, duties, or liabilities under the
Davis-Stiriing Common Interest Development Ad (CC §§1350-1376)
under the Nonprofit Mutual Benefit Corporation Law (Corp C §§7110 et
seq.) or under the Governing Documents. In addition, before initiating an
"enforcement adion" as defined in Civil Code §1369.510(b) that is solely
for declaratory, injunctive, or writ relief, or for that relief in conjunction with
a claim for monetary damages not in excess of $5,000, the Association
and the Member or Members who are parties to the dispute shall comply
wrth the alternative dispute resolution requirements of Civil Code
§§1369.530-1369.580.
3.27 Bindinq Effect. This Declaration shall inure to the benefit of and be
binding on the successors and assigns of the Declarant, and the heirs,
personal representatives, grantees, tenants, successors and assigns of
the Owners.
Declarant has executed this instrument as of the date first written above.
507 Pine Associates, LLC
A Limited Liabilrty Company
By:
Francis E. Helmuth, Its
President and Managing Member
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
On , 2006 before me, a Notary Public, personally
appeared Francis E. Helmuth, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is suk)scribed to the wrthin
instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or entity upon behalf of
which the person aded, executed the instmment.
WITNESS my hand and official seal.
EXHIBIT A
Description of Property
Reserved for Future use
EXHIBIT B
Description of Undivided Interest in the Common Area
Reserved for future use
EXMffirrc
Description of Paricing and Access Easement Area
Reserved for future use
EXHIBIT D
Description of Exclusive Use Access Area
Reserved for future use