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Home My WebLink AboutTRACT 12208*NEW FILE* Tract 12208 r RESIIDPNTIAL ZONING CORRECTIONS Telephone: (714) 644-3200 Plan Check No: By: Tracy Williams, Associate Planner By: Javier Garcia, Associate Planner Date: Address: 30/ Corrections Required: / / Legal Description: Lot Block Section Tract Covenant required to combine lots or portions of lots. Please have owner's signature notarized on attached document and return to me. Lot Size OW ,If Siir9lTjy� Zone R— f Number of Units 9 Buildable Area d! Maximum Structural Area �1% YA (Area including exterior walls, stairway on one level and required arking).,x buildable area. Proposed Structural Area: // 4 v.� e x buildable area. Ak � d' Provide tissue overlay of calculations to verify provided square footage. uva ?` .f-yam-• Open Space Area Z /cZ /' cu.ft. (Volume of space equal to buildable width times buildable height times 6). This area must be six feet in any direction (61x6'x6') and open on two sides or one side and above. Required Setbacks (Note: Architectual projections, i.e. bay windows or balconies not allowed in setbacks) . ij/o7E' iu r/jL� /i p Front Ste£. Rear l,� —� h Ok RI-ght Side 7 r AI A-Z �z �G" 0; Left Side itfi/C/ ��OOf Height Limitation Measured from natural grade to average roof height. Dimension all elevations from natural grade to midpoint and maximum ridge of roof planes. Show natural grade line shown on all elevations. Distance between buildings Maximum Coverage Number of Stories �i Parking (9' - 4" x 19' - 0" min. clear dimensions, one -space; 17' - 6" x 19, - 0" min. clear dimensions, two spaces). (Third required space may be 8' x 161). Show clear interior dimensions of garage. ® Fair Share Contribution �j/ %6 3 7.7 San Joaquin Hills Transportation Corridor Fee It Park Dedication Fee (OVER) SPECIAL APPROVAL REQUIRED THROUGH: Modifications Committee. Indicate Modification Approval Number on plans. Planning Commission: GONt�/j ioN� Use Permit ,Yiv• 32 96 /2cc �Uz��ti Variance Resubdivision - Tract Site Plan Review Other - Public Works: Easement/Encroachment Permit Curb Cut Subdivision Engineer Od?9/�f/ /�F✓rsEb �P��d✓� l Traffic Engineer/0 Approval of Landscape Plans-- ?.e v/S.&,G Af'P (^C `'��+ Building Department: Grading Engineer Parks Department: Approval of Landscape Plans Coastal Development Permits: Approval in Concept (Note: File 3 sets of plans: plot plan, floor plan, elevations). Coastal Development Permit No. i -i 9�1v 34 Categorical Exclusion No. (Building permits may be issued 10 days following issuance of C.E.O.) Waiver/Exemption Miscellaneous 1. Floor plan fully dimensioned showing all room uses. 2. Plot Plan fully dimensioned showing location of all buildings, fendes to property line. Show second and/or third floor building footprint on plot plan. 3. Association Approval (Advisory) 4. Other p /may/ri�htn�r l�i�i/��ro� O`iq/ham Jef , All S/re /s / '40/ NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644-3200. /es41W /itv o� 6✓hrrs/ �� O- COMMISSIONERS y yfoto,� �J E CITY OF NEWPORT BEACH MINUTES January 8, 1987 ROLL CALL INDEX 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. That the provision of curb openings on Cypress Street has been approved by the City Council and is consistent with the intent of city Council Policy L-2 inasmuch as no existing on -street parking will be eliminated. 7. That the Police Department does not foresee any problems with the proposed development. 8. The establishment, maintenance of operation of the use .or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 9. The proposed side yard setback encroachment is comparable to existing setbacks of other properties in the area and adequate open space will be provided elsewhere on the site. Therefore, approval of the requested encroachment will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort ands general welfare of persons residing or working in the neighborhood of such proposed se-, e, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. '�' CONDITIONS: 1'. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That the proposed wall'shown in the required 5 va foot setback adjacent to East Bay Avenue shall not vpexceed 3 feet in height. `��/j -?3- COMMISSIONERS 19 0 MINUTES 10 Zm FZ �Z 9 llrotk,6" 0�q yff ya� CITY OF NEWPORT BEACH January 8, 1987 ROLL CALL INDEX VV �3 � That all landscaping and walls shall comply with VCity Standard 110-L. 4.pIG That no landscaping shall be permitted at grade in the required 5 foot rear yard setback adjacent to the alley and that the portion of the building that is permitted to encroach 1 foot 6 inches into the rear yard setback shall maintain a minimum clearance of 8 feet above grade. 5. That all applicable Conditions of the Tentative and Final Map of Tract No. 12208 be fulfilled. NN�� 6.yy''That roll -up type garage doors shall be required e?t adjacent to the alley. 7 That this use permit shall expire if not exercised within 24 months in accordance with Section 20.80.090, A of the Municipal Code. S. That the applicant be required, prior to final 1`O inspection of the property, to execute and to 4 Y record CC&R's restricting the burning of natural or flammables other than gas burning (�/��ood ?I fireplaces based upon the agreement by the applicant. That the Newport Bay Tower Homeowners Association be beneficiary of the recordation of the CC&Rs which shall run in perpetuity and that the proposed CC&Rs shall be submitted to the City Attorney for approval. 9. That the applicant shall enter into an agreement with the City guaranteeing the provision of one unit affordable to a County moderate income family �Y� a period of no less than 10 years. A G,�for The Planning Commission recessed at 9:00 p.m. and reconvened at 9:15 p.m. -24- PLANNING DEPARTMENT -PebeuaEy--28, 1d85 Al'f1Ch /S/ /98r SUBJECT: PC #18-85; Plummer Court Zoning Corrections 4<'� Provide copy of sheet identifying addresses assigned for City records. Reduced in size (8} x 11) 'U Show copy of survey. Tract map shows 76.85 as interior property line. '3-.� Note: Trellis not allowed in setback. See note on C-7. 4--.'� Show existing grade lines on all elevations and dimension all elevations. ti--'*�' Water meter enclosures should be shown on site plan. Roll -up type garage doors are required. Specify on plans. Compliance with conditions of Use Permit No. 3101, Tract 12208: Condition No. 7 , IQ, 13, 14 (See notes on attached correction sheet) Plans approved by: Grading Building Fire Public Works Traffic engineering __'Parks, Beaches & Recreation�d If. you have any questions regarding the above corrections, contact me at (714) 644-3200. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By Tracy Williams Associate Planner TW:la TRACY PLANNING DEPARTMENT February 28, 1985 SUBJECT: Plummers Court The following list of addresses shall apply to the above mentioned project: ADDRESS PLAN 301 Cypress Street B-2 303 Cypress Street A-2 305 Cypress Street A-3R 307 Cypress Street i iA-2R 309 Cypress Street A-3 311 Cypress Street B-1R 315 Cypress Street B-1 317 Cypress Street A-1 319 Cypress Street C PLANNING DEPARTMENT JAMES D. HEWICKER, Director Tracy`" fl liams Associate Planner TW/la TRACY A t . T5-84-630 TH:nw STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEIIAN, Gowen r CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA Date: March 26, 1987 .- 245 WEST BROADWAY, SUITE 980 Permit No.: T5-84-630 LONG BEACH, CA 90602 (213) NO.5071 ASSIGNMENT OF COASTAL DEVELOPMENT PERMIT To Whom it May Concern: all rights, obligations and interests granted under coastal development permit no. 5-84-630 have been assigned to: JRS Development Corp. 1111 Bayside Drive #230 Corona del Mar, CA 92625 Description: Demolition of a motel and construction of a 9 unit condominium. Site: 303 Cypress Street Newport Beach, CA Assignee is fully bound by all standard and special conditions of approval. r/t Tom Crandall �— Staff Analyst South Coast Director Attachment - Permit cc: File Original Permittee Assignee Local Building Department 7 REC P/ �2p`nrh r✓tf n°A O1987Ah STATE OF CALIFORNIA—THE RESOURCES AGE • GEORGE pEUKMEIIAN, Gowmor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 WEST !ROADWAY, SUITE 380 LONG !EACH, CA 90802 (213) 5MS071 December 22, 1986 FILE COPY John S oni 1213 ast Ba oa Ne ort Be CA 92661- Re: T5-84-630, 303 Cypress Dear Mr. Sindoni, lllRis ��. •�z3o Street, Newport Beach > PI& •'J Please find enclosed your returned Application For Assignment of Coastal Permit 5-84-630 that was received on December 15, 1986. A coastal development permit cannot be assigned after it has expired. The subject permit was issued on October 24, 1984. Since the permit is valid for two years from the date of Commission approval, it expired on October 24, 1986. You may however apply for a new coastal development permit for the same or changed project. I have enclosed a permit application for your convenience. If you have any further questions regarding this letter or the permit application, please feel free to call me. You will receive a refund of the assignment application fee within a few weeks. Sincerely, � Teresa Henry Coastal Analyst Enclosure 1963A - Plan CA COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS By: Tracy Williams, Associate Planner Telephone (714) 644-3200 7.?o9 3i/i 3i�.3/Ti3itr CfrP�lfsS, Date: Address:'-7ej Gyl'.E'ES Correctipg� Require Legal Description: L Block Section Tract Lot Size /o/ 3< l7�aor�¢p�oGv� 76.66 Cf?C.4aEG/G'Ckf�w' Zone Proposed Use U.tr/T PAS. GdNz'�OS Required Setbacks Frond -� "/` ✓� �� ' �/ ste s/.�/ � �J Sao N u✓ds�n,�- � �oic%�er/�/ ,�'><G' � L , , [il`�' l G-'f/�tear�' r � i ., /, .//s ti>�/'irar- /d oJiGl<�,�. l✓� Right Sid Left Side G -�� Ntp`//C� Buildable Area Maximum Permitted Structural Area: r Proposed Area: Gross /6 7,63 Net 7/✓ �6i �YG/ iY r/r ,tl '66V/, /7 -4L<:' //•% /� 'I!1/i1 G/iJ !/ r% /'_ ' Required Parking 9 .<!s v""> Lf1L7ca Dolt no.<Jfl�� froejJ �ravi '�'d frotY natu�al grade to average and maximum Q��GYv�, //vF' Building heig / e '�'8�y+/!.'.li % GIZi/"� 3•� /�f %c•2 /D PCG4` F/Y'/Il%��%Y/P�!/✓GC ! oof eight Gg S•('s1_/�f/y-/lo:,rra'—/ 'frf t=-= /i Gn+. �.t •P-lstyht !i.... ✓ 5/!/�'//�is ' y,E Nc7= CN 1't,J/VS. �L�T Natural grade line shown on all elevations f�jc<y f/ b' /i6rotS r// p/�/gfjsyrf, Number of stories*S✓bf�e6 Sa yi 1von -e Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, — fences, etc. in relation to the property line. S/`O<vsOG ar/y o� dROFCGE// Cr/YGL,0<u�E, s�E /VtTC S/.`��T Special approval required/obtained 7," X e, 6is� 1F•�ir/'7 .ns'o �✓O/ ..t'C�r GO,�-ST�P ��y'�L//�.a-�'/r/? d�_(.Se2 q/7GfGneci rr<1/fs^f1sdf Fair Sha C ibut, //l.Gfu% �O- WC 'bution,,+sly�Xsia4si9 fig/s%t S� Additiona app a quired from: Grading Engineer %SYG�M/T %' %�C'T5 !'f .OLGNS r "/a `Parks, Beaches, & Recreation De_t. La Irrigation Plans)""A Public Works Traffic Engineer 'VO. /D S!'v;•/T GE��2 OF C/.�/r/�/�A>/C/Y GG/z op�4'rf�7c GU ct /'C. >�Gaz'.�Z ��r 1 ;o> .PSG. .1.�:%ins NOTE: It is✓the respofisibility o the applicant to circulate themplans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application please contact me at (714) 644-3200. CITY OF NEWPORT BEACH PLANNING DEPARTMENT November 21, 1986 TO: FILE FROM: TRACY WILLIAMS SUBJECT: Plummer Court - Plan Check No. 18-85 1) Use Permit No. 3101 (Expired August 27, 1984) * New use permit required. 2) Coastal Permit No. 5-84-630 * Extension granted per Bob Joseph of Coastal Commission. 3) Modification to allow building encroachment expired. * New modification required. Staff determined the project could be issued as a 9-unit apartment building. However, the project must be redesigned so as to conform to setback standards. In addition, Planning fees are required: Park Dedication: $45,261.20 Fair Share Fees: $4,963.77 0 0 �/ DANIELIAN ASSOCIATES ARCHITECTURE AND PLANNING MS CAMPUS DRIVE SUITE 210 NEWPORT BEACH, CA 02660 (714)852.1675 PROJECT CONFERENCE NOTES DATE: December 1, 1986 TO: Attendees FROM: Ken Wilkins I PROJECT: PLUMMER COURT — DA #86062 MEETING DATE: November 25, 1986 (Meeting at N.B. Building/Planning Department) ATTENDEES: Ray Schuller, Jay Garcia — N.B. Building/Planning Department Ken Wilkins -- Danielian Associates 1.0 CONVERSATION WITH RAY SCHULLER 1.1 Mr. Schuller was informed a letter had been provided by the Coastal Commission which effectively keeps the existing permit valid. Demolition is considered to be the start of construction for the purpose of this permit. 1.2 The questioned validity of the coastal permit was the only remaining reason for halting the pulling of a grading permit on November 15, 1986, for apartment construction. Now that this item has been clarified, Mr. Schuller will allow the currently submitted building plans to be valid without requiring another submittal. As far as the Building Department is concerned all requirements have been completed, awaiting only the Planning Department sign -off of the plans. The plans shall remain valid until a new use permit for condominiums is approved, thus allowing grading and building permits to be pulled. 2.0 CONVERSATION WITH JAY GARCIA 2.1 In Tracy Williams' absence, Jay was informed of Mr. Schullers decision. Jay was aware that an agreement had been reached in the meeting of November 152 1986, whereby the grading permit could be pulled immediately as "apartments" while a new use permit for condominiums was applied for. 2.2 Jay informed Danielian Associates that the original use permit provided for an encroachment into one setback. In order for the project to proceed as apartments, a modification permit would have to be obtained which allows for the same encroachment. This permit requires a public hearing and a minimum 29 day period from the next filing deadline. ..r jo 11 L-1 0 PROJECT CONFERENCE NOTES Plummer Court — DA #86062 December 1, 1986 Page 2 3.0 CONVERSATION WITH JOHN SINDONI 3.1 John was informed of the above. These conference notes will be deemed an accurate account of this meeting unless Danielian Associates is notified to the contrary in writing by December 8, 1986. K W:klp cc: John Sindoni Hiep Tran, Rick Higley, Tracy Williams -- N.B. Building/Planning Department STATE OF CALIFORNIA—THE RESOURCES AGO GEORGE CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA FCNOV18198� 245 WEST BROADWAY, SUITE 380 LONG BEACH, CA 90R02�'(2t3) s9ason V E DaatntCH,/.. ul N, Goromor \ State of California, George Deukme,0Governor 49 November 2, 1984 California Coastal Commission SOUTH COAST DISTRICT 245 West Broadway, Suite 380 P.O. Box 1450 ' Long Beach, California 90801-1450 (213)590-5071 COASTAL.DEVELOPMENT'PERMIT a No. 5-84-630 TH:db page 1 of 2 pn October 24, 1984 , the,California Coastal Commission granted to Standard and Special conditions. Demolish existing 10 motel units and storage shed and construct 9•townhome/condominiums with attached 2-car garages Site: 303 Cypress Street, Newport Beach Issued on behalf of the California Coastal Commili n by 0PQRLA.N.TA' THIS UNLESS AND URML WITH THE SIGNED MN RcEIMNED TO Michael L. Fischer Executive Director and PERMIT IS NOT VALID A COPY tF THE PERMUT Staff Analyst FiRS A=owLEDGDsNT THE COPS MaSI'Dri f?FFiC,; The undersigned permittee acknowledges,receipt of this permit and agrees to abide by all terms and conditions thereof. Date Signature of Permittee Coast 11: 7/81 Coastal Development Permit No. 5-84-630 Page 2 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowtedaaent. The permit is not valid and construction shalt not eamence until p copy of the 'pemT{� silnad by via pomirme or authorised agent, acknowUdying receipt of the permit and AcceeUnce of the tams and conditions, is returned to the Commission office. 2• Expiration• If construction has not commenced, the permit will expire two years from the date on which the Cowission "too on �Apppliation foroaxUnctonroftion the :hall be pewit must be made priorsued in a ittoonthesnner aspiration anted Ln a rNsonsbte period of 3• Compliance. All construction mist occur in strict eampilance with the proposal as set forth in the application for permit, su ja:t To any special conditions set forth below. Any deviation from the approved plans Must be reviewed and approved by the staff and May "ire Cmmission approval. 4. Into Ution. Any questions of intent or interpretation Of any condition will be resolved by the Executive Director or ssion. S. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, jAbject W 1q.hour advance notice. 6. 'Assignment. The ►ermit May be assigned to 611Y tuatifiad person, provided assignoe titer with the Commission an aaccepting all terms and conditions of the pemit. 7. Tams and Contio dins Nun with the Land. These tern and conditions shall be porpetwi, and it is the intention Of the ss on a gam toTO 91110 a 1 future owners and possessor of the subject property to the tams and Conditions. SPECIAL CONDITIONS: .� 1 1. Prior to transmittal of permit, applicant shall submit revised plans, subject to the review and approval of the Executive Director, which show.19 parking spaces or 2 parking spaces per dwelling unit plus 1 guest parking space per every 7 dwelling units, vS 0 0 -v.4A-.OW ii�j /cgs __ .— -. �blt3✓arG�'_r-P.+y.�.f.'_. �✓!c'dlGgiOG"f1 _.�'��-<%r'"'r -' _._ - -- -- �r _ AMA'•_-�•rt ib. = ___.�—...._ .......� �' �. _-2 B_1.-../-9 ._._. c 2i504.36- 02 R776.83* 4a259•56 FP$ PRO -.-� - —_— -- - - - - - -- — - .,-r-2G� p 3 02 — - �2- '• 3 { PLANNING DEPARTMENT February 28, 1985 SUBJECT: Plummer 'Court ?�Uof ,O /Z ZOO The following list of addresses shall apply to the above mentioned project: ADDRESS PLAN i 301 Cypress Street B-2 303 Cypress Street A-2 305 Cypress Street A-3R 307 Cypress Street A-2R 309 Cypress Street A-3 311 Cypress Street B-1R 315 Cypress Street B-1 317 Cypress Street A-1 319 Cypress Street C PLANNING DEPARTMENT JAMES D. HEWICKER, Director Tracy -Williams Associate Planner TW/la TRACY I ALLEY AL-EY N a � CYPRESS ST. 99"s LEGAL DESCRIPTION � hi xon>. t�la�x ue4�vaoa�ouuan n.me �� rvcr, ewri S vnnec n �vm mn nn ,wax.. �n S wsmaimm1Dimex."'..ws'miwx�rur va nx'iwn e 1 AZ �! �u xoiu ¢rawrun.vnmua.mumxu moo m xau+vxrwaroxaiuuiaa w0 19R��` �rou�ecimn�n �Nrone z mi$ m RWM �lVY� •mr�"ixsalm A TABULATION' KEY TO SYMBOLS xoTEs i "� n � viav:aa:lm .'.I`. um.a.n°fxo.".w p-avnwra o.a ra .nunnnx4 uau �:wwxc wv°::ti iW f 14>.x.K S-1 PLANNING DEPARTMENT February 28, 1985 SUBJECT: Plummer Court The following list of addresses shall apply to the above mentioned project: ADDRESS PLAN n 301 Cypress Street B-2 ^ 303 Cypress Street A-2 305 Cypress Street A-3R 307 Cypress Street A-2R 309 Cypress Street A-3 311 Cypress Street B-1R 315 Cypress Street B-1 317 Cypress Street A-1 319 Cypress Street C PLANNING DEPARTMENT JAMES D. HEWICKER, Director Tac� U, Trliamsms Associate Planner TW/la TRACY ALLEY I y Lam/ \dot, x ov\ 4\\ ALLEY i ALLEY roi CYPW-%.ST. O v TABULATION KEY TO SYMBOLS LEGAL DESCRIPTION �ir Lf.li��1�t�YN[14 �L\1fL � wvn v�is iero"'o 's a•i s"�'ar �t.�aa r�mMi�n. N°`R.srtalm"•rnnolrmro"`eae.•u..�"romw" 1 avm rvnaemwiro.smuoxww.nnme umoa+oa+.rs.m�vave nmro m •. L�. � A�rsnm i um.a-�m'ww ss MC 1 iW ) IMa�R S-1 0 Plan 0,:-k No. /9 93•4- COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS By: Tracy Williams, Associate Planner Telephone (714) 644-3200 Date: J3o/ 15�- Address: 38,E GyJ'c>ESS r-- Correctis 7r i !T Required GG�S 1� / B1dG �j Legal Description: Lot Block Section Tract �% Li.P /.�- y •� , S,>AF 6 0�- y//iiF.t�sidrL Lot Size /6>32y lTiy�i /na/ns/Jo%v3 7/0,PiSJ i rC�ere�iwf zone Z= y r>ifrir+n 17 A-1 Proposed Use Required Setbacks Fron ✓7 3 Gp �' G (Cf/hear 7 Right Side 2� �/ i/ Left Side f� Sheer 5- c'r l , Catt�� L Floyd f%nli � 6 �o'' /%�/� • r�to'�JL�r' G/Gir��a-ee•�J T/.>/•� �jplr /lG.� S/zdll)�' ✓ dorN S/�/JG •E•+' G -y/ �PrQG//C!i •� /� to Z / Buildable Area Q �/� / /�> ✓/!%Cl/ 35', O'e u Maximum Permitted Structural Area: Proposed Area: Gross AG 7(G Net ®RPO ✓/.nC /NTCe'' 1,e%e (/ 7 /G Required Parking Gy // rpf /14t f�>l C�G�'/<b5 C�tlo ono/rf,/ vo l�<rilzjJ />rasiJrf /, ex.ltv1 Building height/easured frorKnatural 4rade to average and maximum � �at� /ro/n fYoiaiv/'i1Ce A0Yheight Natural grade line shown on all elevations Pse7,14A.-4- 4,'47' 7d Number of stories �2 SO¢'r ��Bli�s,-//'C/ O�/''G /%�•Cd//�s�Q'��2 S"ojvJ �i l'lL%cafJ Floor Plan fully dimensioned showing all room /uses. y ~11e" 6 Plot Plan fully dimensioned showing location of all buildings, fences, etc, in relation to the property line.•�yPr`r GG��/ram 6F IVG/l!r/, e,4:9 /=L- Special approval required/obtained 7K 9C/ •- l 2 2 0�-�'i lJS� ��--��/7 ��o. �r'O/�, JCCS. G!>.�-t� {7t1�-�-G/i'.or.��Y�• '711 Fair Share Contribution /t1 VG -Ak e l Additional approval required from: 3#` Grading Engineer s�JB.s�rr;Sr7,V, 1>� oGa>v! V /�� •�xo/r-s �99-�IEa rf` ZParks, Beaches, & Recreation DeGGpt. L e_& Irrigation Plans) Public Works /t'Piv/n�/GJyG fa /, �f— Traffic Engineer rl. rE :(%' dN4;'/7/4/1 NG. 7 > p — .f%rl;,i cf• Iz't5 /.�i^ j�io �.0 A.�.?.G.?7i0iV'. � '1`�.S>2 ��J' r 7J GUf'Y' Gt sc>Cfl+e'�iy' Fi11 SJ�Or/,Q.s�.Se applicant t✓�circ vtith 1` ! /and' NOTE It is the respof]sibility of the applicant to circulate thei plans obtain the necessary approvals from the departments checked above. If you have questions regarding your application please contact _me_at (714) 644-3200. P r W 3Y OF NEWPORT B ACH COUNCIL MEMBERS MINUTES \CAL'°G�CGSvROLL � y�9 ;�� Gss August 27, 1984 INDEX Mayor Hart submitted, for the record, notes of concern from the North Bluff Villas Community Association Board of irectors, which had been discussed with he and Council Member Heather this mor ng. Motion x Followi discussion, motion was made to All Ayes modify th recommendation of the Planning Co ission, amending Condition No. 23 as set forth in the foregoing by the City Attor adding Condition No. 36, which requir that the chain link fence be installed o the satisfaction of the City; wheels ps be installed to protect said fence; an a gate be installed at the entranc , which will be locked during the eight to rnaments. In addition, Newport Beach Ten s Club to work out agreement with North luff Villas Homeowners Association r arding the maintenance of landscaping in the buffer area. Said improvements an agreement to be completed within 60 s from the date of this meeting. 2. Mayor Hart opened the public hearing and City Council review of: Tentative Map of Tract No. 12208 - TMapTr 1220E Request of WALE DEVELOPMENT CORPORATION, Irvine, to subdivide six existing lots into a single lot for residential condominium purposes on property located in the R-4 District, and the approval of an Environmental Document; AND Use Permit No. 3101 - Request of WALE U/P 3101 DEVELOPMENT CORPORATION, Irvine, to (88) permit the construction of a nine unit residential condominium development and related garages on property located in the R-4 District, at 303 Cypress Street on the Balboa Peninsula. The proposal also includes a modification to the Zoning Code so as to allow a 7'7" building encroachment into the required 11' 7" northerly side yard setback area; AND Residential Coastal Development Permit RCD Perm#6 No. 6 - Request of WALE DEVELOPMENT CORPORATION, Irvine, to consider a residential coastal development permit for the purpose of establishing project compliance for a nine unit residential Volume 38 - Page 265 J �.r 0TY OF NEWPORT BtACH COUNCIL MEMBERS MINUTES \CAL %ROLL ;F GSN August 27, 1984 INDEX condominium development pursuant to the U/P 3101/ Administrative Guidelines for the TMpTr 12208/ implementation of the State Law relative RCD Perm#6 to Low -and Moderate -Income Housing _. within the Coastal Zone. Report from the Planning Department, was presented. Ed Wale of the Wale Development Corporation, applicant, 17752 Mitchell Street, Irvine, addressed the Council and stated that he had read the staff report and had some concerns relative to wood -burning fireplaces, and the feasibility study regarding affordable housing. He also stated that many residents in the subject area feel his project is too dense, but they do not - realize that he could, pursuant to the Zoning Code, build more units than what he is requesting. With respect to the proposed fireplaces, Mr. Wale stated that it is not his intent to eliminate wood -burning fireplaces from his project even though it has been suggested by the Planning Commission, as noted on.page 7 of the staff report. Pertaining to the affordable housing issue, Mr. Wale stated that he is not being given any special aid for the one affordable unit he is providing in this project, and that he is providing it "under protest." He also feels that he, as well as other small builders in the City, are being discriminated against with respect to affordable housing. He urged approval of the project as requested. The Planning Director responded to Mr. Wale's remarks regarding the proposed fireplaces and the feasibility report by the Newport Economic Group. He also answered questions of the Council regarding the Mello Bill and affordable housing. Bob Shrimmer, 407 East Edgewater, addressed the Council and stated he felt the proposed density was too great due to the safety problems which exist on the Peninsula. He stated he would rather see duplexes than what is being requested. He also expressed his concerns relative to curb openings on Cypress Street. Volume 38 - Page 266 CITY OF NEWPORT "CH COUNCIL MEMBERS \CAL fROLL yop 1%0 Gts August 27, 1984 MINUTES INDEX Mr. Wale addressed the Council again, U/P 3101/ and discussed his concerns with regard TMpTr 12208/ to the feasibility analysis done by The RCD Perm#6 Newport Beach Economics Group. He also suggested that the City research its method in determining the affordability of a project. Andy Peralez, 310 Fernando Street, Newport Bay Towers, addressed the Council and stated that the proposed project is too close to their development, and if wood -burning fireplaces are allowed, the smoke would interfere with the enjoyment of their property. He stated that their association had met with Mr. Wale, who agreed to install glass screens and gas log fireplaces. Mr. Wale also agreed to allow their group to control the landscaping on the northern boundary of the project. The Newport Bay Towers are located immediately north of the 0 project. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Following consideration, motion was made to sustain the recommendation of the Planning Commission, and approve the public curb cuts at Cypress Street, with the added condition that the garage dgors be the type that open straight up, rather than into the alley way. Council Member Plummer stated that she was not going to oppose, or support this_ project because of the Mello Bill requirements regarding affordable housing, and therefore, will abstain from voting. Mayor Pro Tem. Maurer invited Mr. Wale to contact him regarding Mr. Wale's concerns pertaining to the North Ford Project. In response to inquiry of Mr. Andy Peralez of the Newport Bay Towers, it was noted that the motion did'not include the requirement that applicant provide only non -wood burning fireplaces. Ayes x x x x The motion was voted on and carried. �- Abstain x x - l . E. PUBLIC CO None. �C olume 38 - Page 267 19, 1984 MINUTES m e x C m O � 7C L7 C Substitute Motion Ayes Nayes x All Ayes F3 XI of Newport Beach Substitute motion was made for approval of Tentative Tract Map No..12208, subject to the Findings and Conditions contained in Exhibit "A", with revisions as follows: 1) That Finding No. 5 be deleted; and 2) That Condition No. 12 be revised to read, "That the project be redesigned so that all vehicular access to the property be from the adjacent alley." Commissioner Person clarified that his vote to support the project in question should not be construed as'his approval of the area zoning. Commissioner Person advised that the Planning Commission does not have the power to rezone property once an applicant submits a development application. Provided a project conforms with existing City standards and is appropriate in terms of the currently existing zoning, Commissioner Person stated that he is reluctant to redesign or deny a project. I Commissioner King indicated his concurrence with Commis- sioner Person's statement. Commissioner King discussed his support for the project, commenting that all of the tenants' vehicles will be enabled to park on -site, rather than on the street. Commissioner Goff's amended motion was then voted on and FAILED. Commissioner King's original motion was then voted on and CARRIED. TENTATIVE TRACT MAP NO. 12208 Findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed subdivision presents no problems from a planning standpoint. -16- INDEX COWAISSIONER July 19, 1984 MINUTES m o � v � m m City of Newport Beach ROLL CALL INDEX 3. That the site is physically suitable for the develop- ment proposed. 4. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 5. That approval of curb openings on Cypress Street will not result in the loss of one -street parking spaces, inasmuch as parking is presently not per- mitted on the westerly side of Cypress Street. 6. That -the Planning Commission has determined that the inclusion of one unit affordable to a County moderate - income family within the project is feasible. CONDITIONS: 1. That a final map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. ,That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a final map or obtain a building .permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That a 15-foot radius corner cutoff at the corner of Cypress Street and Fast Say Avenue be dedicated to the public. -17- 19, 1984 MINUTES m Om o � 'S 'am o X O ^ a o 3 : o' z of Newport Beach 7. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Depart- ment and the Public Works Department. 8. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 9. That a hydrology and hydraulic study be prepared and approved by the Public Works Department, along with a master plan of -water, sewer and storm drain facilities for the on -site improvements prior to recording of the final map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That prior to issuance of any, grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the City's Utilities Department. That PCC gutter be constructed along the East Bay Avenue frontage and that any deteriorated curb and sidewalk be reconstructed; that the curb and gutter along Cypress Street be reconstructed to provide drainage along,with the construction of a storm drain system if required; that the deteriorated sidewalk along the Cypress Street frontage be reconstructed; that a 20' radius curb return be constructed along with a curb access ramp per City STD 181-L at the intersection of Cypress Street and East Bay Avenue; that the adjacent unimproved 15' wide alley be improved with concrete per City STD 140-L; that the existing substandard alley approach on East Bay be reconstructed per City standards; and that street lights (per City STD 200-L)'be provided along the East Bay frontage and Cypress Street frontage as approved by the Public Works Department. -18- INDEX .. r 19, 1984 • MINUTES of Newaort Beach ROLL CALL I III Jill I INDEX Motion All Ayes 12. That approval of the City Council shall be obtained for the proposed curb openings on Cypress Street or.the project shall be redesigned so that all vehicular access to the property is from the adjacent alley. 13. That prior to the recordation of the Final Tract Map, the applicant shall pay the required fees .pursuant to the requirements of the Park Dedication ordinance. 14. That prior to the recordation of the Final Tract Map, the applicant shall enter into an agreement with the City guaranteeing the provision of one unit affordable to a County moderate income family for a period of no less than 10 years. Motion was made'for approval of Use Permit No. 3101, sub- ject to the Findings and Conditions set forth in gxhibit "A", which MOTION CARRIED. USE PERMIT NO. 3101 Findings: 1. That each of the proposed units has been designed as a condominium with separate individual utility connections. 2. The project, as conditioned-, will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which'the proposed project is located at the time of approval, except for a side yard encroachment. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. That the proposed development is consistent with the General Plan and Adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. -19- COMMISSIONE ly 19, 1984 • MINUTES m a � City of Newport Beach ROLL CALL I INDEX 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the use or building applied for will not, under the circum- stances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 7. The proposed side yard setback encroachment is compara- ble to existing setbacks of other properties in the are and adequate open space will.be provided elsewhere on the site. Therefore, approval of the requested encroachment will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of per- sons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the pro- posed modification is consistent with the legislative intent of Title 20 of this Code. S. That the proposed use will be less intensive than the existing use (as defined in Section 15.38 of the Municipal Code), and therefore, a fair -share contri- bution is not warranted in this case. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and eleva- tions, except as noted below. 2. That the structure shall be redesigned so as to main- tain the required 3-foot front yard setback along Cypress Street; and a minimum setback of 5 feet adja- cent to the northerly side property line. WXIM COMMISSIONE July 19, 1984 MINUTES En o � f � $ 9 � QeoaxO Motion All Ayes of Newport Beach 3. That no landscaping shall be permitted at grade in the 5-foot rear yard setback adjacent to the alley. Furthermore, that the portion of the building that is permitted to encroach 216" into the rear yard setback shall have a minimum ground clearance of 8 feet. 4. That the proposed wall shown adjacent to East Bay Avenue shall be reduced in height to three feet. 5. That the proposed skylights shall be redesigned to conform to the requirements set forth in the Zoning Code. 6. That all applicable Conditions of Tentative Map of Tract No. 12208 be fulfilled. 7. That this use permit shall expire if not exercised within 24 months in accordance with Section 20.80.090A of the Municipal Code. Motion was made for approval of Residential Coastal Development Permit No. 6, subject to the Findings and Conditions set forth in Exhibit "A", which MOTION CARRIED. Findings: 1. That the proposed development is not exempt from the provisions of State law relative to low- and moderate - income housing units within the Coastal Zone. 2. That the Planning Commission has determined that it is feasible to provide one on -site rental or owner- ship unit that is affordable to a moderate -income household, as defined by the County of Orange. INDEX -21- COMMISSIONER my 19, 1984 • MINUTES m S. o � v o m na, m City of Newport Beach ROLL CALL III Jill INDEX Condition 1. That all conditions of the Tentative .Map of Tract No. 12208 and Use Permit No. 3101 shall be fulfilled. * * * r Planning Commission recessed at 9:15 p.m. and reconvened at 9z30 p.m. *Note: Commissioner King stated that he neglected to include additional Conditions in the motion on Agenda Item No. 4 to require the provision of glass -fronted fireplaces and artificial logs, which the applicant agreed to provide in response to the concerns of adjacent residents. Commis- sioner King requested that the City Council be advised of this omission so that it can consider imposing said Condi- tions at the time Use Permit No. '3101, Residential Coastal Development Permit No. 6, and the Tentative Map of Tract 12208 are before the City Council. Use Permit No. 3103 (Public Hearing) I Item #5 Request to change the operational characteristics of the U.P. #3105 "Studio Cafe" Restaurant with on -sale alcoholic beverages (formerly the Hungry Tiger) so as to allow live enter- Continued tainment in conjunction with the restaurant operation. to 8/9/84 Parcel No. 1 of Parcel Map 107-40, Resubdivision No. 552), located at 3201 East Coast Highway on the south- westerly side of East Coast Highway at the easterly terminus of Bay - side Drive, in Corona del Mar. ZONE: C-1 APPLICANT: studio Caf Corona del Mar OWNER: Eugene Boero, Cora del Mar -22- r • • DANIELIAN ASSOCIATES ARCHITECTURE AND PLANNING 3848CAMPUSDRW SUITE210 NEWPORT BEACH, CA 92660 MQ5463693 PROJECT CONFERENCE NOTES % Rej `4 Do lar,nin��0 �Dpalt V ME17t Ntyyp�/lyo1981 V DATE: October 31, 1984 TO: Attendees FROM: Ken Wilkins )o PROJECT: PLUMMER COURT — #84054 MEETING DATE: October 31, 1984 (Meeting at Newport Beach Planning Dept.) ATTENDEES: Sherry VanderDussen -- Newport Beach Planning Department Ian Harrison, Ken Wilkins -- Danielian Associates 1.0 EXTERIOR ELEVATIONS 1.1 Walk -around exterior elevations were reviewed for conformance with average building height requirement. Maximum average building height to be 281 above existing grade (assumed top of existing sidewalk). The average average height of all roofs (measured as midpoint from plate line to top of ridge shall not exceed 281. A typically occuring roof configuration in which portions of a conforming roof plane are cut back to decrease aesthetic bulkiness was discussed and determined to be in conformance by Sherry. 1.2 No flat roof shall exceed the 281 average height requirement. Skylights are measured to the top of the unit and may also not exceed 281 in height. 2.0 EAVES AT SETBACKS 2.1 Eaves may project to within 2-1/2 feet of the property line within the setbacks on the West (alley), South (Bay Avenue) and East (Cypress Street) faces of the site. 2.2 Eaves at the North face of the site may project 31 into the 51 required side - yard setback. pty IACY\�q 'CQAK — W nNx-+5 2I (D �t 3.0 GUEST PARKING �t�8 c'� 0 2' 2 s 5R*bac-L) il. Ottip 3.1 The guest parking space as required by the Coastal Commission but not by the Planning Commission shall be specially noted later, so it may extend into the 51-011 required setback at the alley. The 31 high wall shall be cut back to the setback line. N. 0 PROJECT CONFERENCE NOTES PLUMMER COURT — #84054 October 31, 1984 Page 2 3.2 A possible trellis was discussed above the parking space. A trellis may cantilever into the setback at Bay Avenue 2-1/2 feet (the same as an eave), however, a vertical support post will not be permitted within setback. 4.0 BAY AVENUE/CYPRESS STREET CORNER 4.1 The setbacks at the corner of Bay Avenue and Cypress Streets as well as the location of the required 15' radius (dedicated to the City) and their proximity to the projected building corner was discussed (see attachment 1). Sherry said the building corner was in conformance. 5.0 METER ENCLOSURE 5.1 The proposed meter enclosure location was discussed. Sherry explained that per the conditions of approval, no projection of that type may occur into the setback if greater than 6' tall. A variance would have be applied for in such a case. ynQGlO1MA G1 �vT3 0' N9� �i InA� F CC �3'GtG�2 . tCd J WUOGil�ttG�tt�., hro� UO�•141u'�--• Unless Danielian Associates is notified by November 7, 1984 the Conference Notes shall be deemed correct. KLW:Ijs s or u � ";tlww F012- 4 tt ', --- U f-6 P� A -MP F.O. Cq"e ,km,T-o4 Mo,,rr .L . • 7 "01W cowe� GYFglue� ST. IDENTIAL ZONING CORRECTIONS */C �1 Plan Checu: /Z 2,"-'-.9"7 By: Tracy Williams, Associate Planner Telephone: (714).640-2210 Date: Address: /Jr - ,'�/G�ir�O> Go�iG z`- Needs Correction Legal: Lot Block Section Tract Covenant required to combine portions of lots. Please have owner's signature notarized on attached document and return to me. U Lot Size Zone I<""'17Z Number of Units Buildable Area Maximum Structural Area (Area including exterior walls, stairway on one level and required parking). x buildable area. Proposed Structural Area: x buildable area. Open Space Area cu.ft. (Volume of space equal to buildable width times buildable height times 6). This area must be six feet in any direction (6'x6'x6') and open on two sides or one side and above. Required Setbacks SCG �o��i 6y Front g, ! Cy/1'/dSSJ .tif� /o/qy orb Go��'`ioh Rear ho. Z Right Side /I' 7" Left Side 5 LaI5� X �6 �� C.;Ie� --- Distance between Buildings Maximum Coverage Heights Measured from natural grade to average roof height 't Natural grade line shown on all elevations Number of Stories novrca Parking (17' - 6" x 19' - 0" inside dimensions) (Third required space may be 8' x 16' i.d.). Fair Share Contribution A4)*•C SPECIAL APPROVAL REQUIRED THROUGH: Modifications Committee Planning Commission: Use Permit Variance Resubdivision - Tract Site Plan Review Other - Public Works: Subdivision Engineer - ^ Curb Cut Traffic Engineer Building Department: Grading Engineer. Coastal Commission Categorical Exclusion No. (Building permits may be issued 10 days following issuance of C.E.O.) Miscellaneous 1. Floor plan fully dimensioned showing all room uses. 2. Plot Plan fully dimensioned showing location of all buildings, fences to property line. 3. Association Approval (Advisory) 4. Other E APPLICATION FOR " PROVAL IN CONCEPT$' CITY OF NEWPORT BEACH N0. 0 1f 01 f✓•. - APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH - As required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Section 13210 and 13211. Demolition of existing 10 (ten) General Description of Proposed Development: motel units and related structures and replacement by 9 (nine) townhome units and related landscaping and Property Address: 303 Cypress St., on the Northwesterly corner of Cypress Street and East Bay Ave., on the Balboa Peninsula. Legal Description: Tentative Tract No. 12208 Zone: R-4. Applicant: Wale Development Corporation Applicant's Mailing Address: 17752 Mitchell Street Irvine CA 92714 Applicant's Telephone Number: 714/863-0322 DO NOT COMPLETE APPLICATION BELOW THIS LINE I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application; and find o They comply with the current adopted City of Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance, and any applicable specific or precise plans or That a variance-ox.exception has been approved and is final. isA copy of any variance, exception, conditional use permit, or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept, and said approval has been written upon said plans, signed and dated. Should this City adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1976, and state and local guidelines adopted thereunder, this development: o Has been determined to be ministerial or categorically exempt. g Has received a final Exemption Declaration or final Negative Declaration (copy attached). o Has received a final Environmental Impact Report (copy attached). All discretionary approval legally required of this City prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by this City unless a substantial change in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes, and regulations of this City. . Date:^, - 4-.-`• f PLANNING DEPARTMENT JAMES D. HEWICKER, Director Attachments: r • + , Jam. � +% .- 6 • J/' By "�' � = �;%� r -. AX NOTE: No building permit will be issued until approval is received from S.C.R.C. 49r'' '38 a r2 -'^' -I t'i TCT'. NEWPORT EAR' TOWER N (714) 675-8551 310 FERNANDO STREET B� NEWPORT BEACH. CA. 92661 October 19, 1988 City of Newport Beach Planning Department Attention: Jay Garcia Newport Beach, Ca. 92658-8915 Re: Tract 12208, "Plummer Court" - John Sindoni This is to advise that John Sindoni has complied (notwithstanding one exception) with the Use Restric- tion Agreement entered into by and between Sindoni and Newport Towers Homeowners Association, by Amendment recorded October 17, 1988, to Plummer Court's CC&R's recorded September 16, 1988. By separate letter Mr. Sindoni has agreed to install gas logs in the fireplaces, required by the Amendment, no later than thirty days from date of this letter. NEWPORT BAY TOWERS HOMEOWNERS ASSOCIATION By Althea Line, Vice President NEWPORT BAY TOWER (714) 675-8551 310 FERNANDO STREET NEWPORT BEACH. CA, 92661 V October 19, 1988 City of Newport Beach Planning Department Attentions Jay Garcia Newport Beach, Ca. 92658-8915 Res Tract 12208, "Plummer Court" - John Sindoni This is to advise that John Sindoni has complied (notwithstanding one exception) with the Use Restric- tion Agreement entered into by and between Sindoni and Newport Towers Homeowners Association, by Amendment recorded October 17, 1988, to Plummer Court's CC&R's recorded September 16, 1988. By separate letter Mr. Sindoni has agreed to install gas logs in the fireplaces, required by the Amendment, no later than thirty days from date of this letter. NEWPORT BAY TOWERS HOMEOWNERS ASSOCIATION Althea Tine, Vice President WHEN RECORDED MAIL TO: CONFOR14ED CO Not Cefop'afifd with Ori ORANGE COAST TITLE COMPANY P. O. Box 11825 Santa Ana, California 92711 DON BOYN'J�03 y�6t:1e• ��Ls�. lal $7.00 cis FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRACT NO. 12208 RECORDING REOUESTED BY ' ORANGE COAST TITLE COMPANY RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA ,-1110AM' OCT 17'88 THIS AMENDMENT DECLARATION is made this llth day of October 1988, �y all the undersigned record owners. We the undersigned which to amend that Declaration of Covenants, Conditions and Restrictions recorded September 16, 1988 as Instrument No. 88-465766, covering the following property:I Lot 1 of Tract No. 12208,.in the City of Newport Beach, as per map recorded in Book 542, Pages 1 and 2, of Miscellaneous Maps, in the office of the County Recorder of said County. All record owners unanimously elect to amend the Declaration by adding the following under Article IV, Section 17, Page 18: Use of Fireplaces. No owner shall be permitted to utilize the fireplace within the owner s unit for purposes of burning wood or other flammable materials. The fireplaces shall be operated using only the originally installed gas lines and ceramic logs incorporated into the fireplaces for this purpose. The Nandprt: Bay Tow%meowners Association" or any of its members/owners, -shall have. the right, but not the obligation, to (-1 enforce, by any proceeding at lad or in equity, the restrictions set forth I in this Section 17, and are hereby named as third party beneficiaries INN for this purpose. The restrictions set forth in' this Section shall be a covenant pursuant to California Civil Code Section 1468, and shall run with and bind the real property subject to this Declaration, for the benefit of the real property subject to that certain Declaration of Covenants, Conditions and Restrictions for "Plummer Court Homeowners Association" recorded September 16, 1988 of the official records of Orange County, and any amendments thereto. This covenant shall inure to the benefit of and shall be enforceable by the Association and their respective legal representatives, heirs, successors and assigns. The restrictions set forth in this Section shall NOT BE AMENDED OR MODIFIED BY THE ASSOCIATION without the express written consent of _ he Newp Towers Homeowners Association In the even any action at law or in equity is instituted to enforce any of the provisions of this Section. the prevailing party in any such action shall be entitled to recover from the other party reasonable attorneys fees, costs and necessary disbursements as part of the judgement. i IN WITNESS WHEREOF, The undersigned, being all the record owners herein, has k set 'ts hrrd this llth day of October, 1988. BY BY: State of California Orange 3 Ss. County of mm SEALENCER• CALIFORNIAOUNTYs JAN 31, 1989 On this the 12t" day of October I _19- before me, Mai L. Spencer the undersigned Notary Public, personally appeared John Sindoni. and Yok Koon Tan** XX personally known to me i ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) arP subscribed to the within Instrument, and acknowledged that they executed It. WITNESS,my hand and oylcial #al. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR , TRACT NO. 12208 Table of Contents • r RECITALS. . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE I - DEFINITIONS. . . . . . . . . . . . . . . . 3 Section 1 - Association . . ... . . . . ... . . . . . . . . 3 Section 2 - Board of Directors . . . ... . • . • . • • • • • 3 Section 3 _ City . 3 Section 4 - Common Area . . . . . . . . . . . . . ... . . . 3 .,Section 5 - Condominium . . . . . . . . . . . . . . . . . . 3 Section 6 - Condominium Plan . . . . . . . . . . . . . . . . 3 Section 7 _ Declarant •. . . . . . . . . . . . 4 Section 8•- Exclusive Use of Common Area 4 Section 9 - Institutional Holer. . . . . . . . . . . . 4 Section 10- Member . . . . . . . . . . . . . ' . 5 Section 11- Mortgage . . . . . . . . . . . . . . . . . 5 Section 12- Owner . . • • • • • • • • • • • • • • • • 5 Section 13- Project . . . . . . . . . . . . . . . . . 5 Section 14- Property 5 Section 15- Reconstructin Assessment . . . . . . . 5 Section 16- Regular Assessment . . . . . . . . . . . . . . . 6 Section�17- Reimbursement Assessment . . . . . ... . . . 6 Section 18- Special Assessment . . . . . . ... . . . . . . . 6 Section A- Unit . . . . . . . . . . . . . . . . . . 6 ARTICLE II - CREATION OF CONDOMINIUM 8 Section 1 - Designation of Condominiums. . . . . . . . . . . 8. Section 2 - Interest in Common Areas . . . . . . . . . . . 8 Section 3 - Condominium . • • • • • • • • • • 8 ARTICLE ;II - RIGHTS OF ENJOYMENT . . . . . . . . . . . 9 Section 1 - Members' Right of Enjoyment. . . . . . . . . . •. 9- Section 2 - Delegation of Use . . . . . . . . . . . '9 Section 3 - Waiver of Use . . . . . . . . . . . 11 ARTICLE IV - USE RESTRICTIONS Section 1 - No partitions Section 2 - Commercial Use • Section'3 - Interior of Units • e i . . . . . . . . . . . . . . 12 . . . . . . . . . . . 12 . . . . . . . . . . . 12 . . . . . . . . . 12 -i- L I Section 4 - No Obstruction of Common Area. . . . . . . . 13 Section 5 - signs . . . . . . . . . . . . . . . . . . . . 13 Section 6 - Animals . . . . . . . . . . . . . . . . . . . 13 Section 7 - structural Alterations . . . . . . . . . . . 14 Section 8 - Utilities . . . . . . . . . . . . . . . . . . 14 Section 9 - Trash . . . . . . . . . . . . . . . . . . . . 14 Section 10 - Parking and Vehicular Restrictions . . . . . 15 Section 11 - Rules of Association . . . . . . . . . . . . 15 Section 12 - Conduct in Condominiums and Common Area. . . 16 Section 13 - Leasing of Units . . . . . . . . . . . . . . 16 Section 14 - Antennas . . . . . . . . . . . . . . . . . . 16 Section 15 - Window Covers . . . . . . . . . . . . . . . . 17 Section 16 - Drilling . . . . . . . . . . . . . . . . . . 17 ARTICLE V - MEMBERSHIP AND VOTING RIGHTS. . . . . . . . . 18 Section 1 - Organization . . . . . . . . . . . . . . ... 18 Section 2 - Membership . . . . . . . . . . . . . . . . . 18 Section 3 - Transfer . . . . . . . . . . . . . . . . . . 19 Section 4 - Voting Rights . . . . . . . . . . . . . . . . 19 Section 5 - Two Classes of Memberships . . . . . . . . . 20 Section 6 - Special Class A Voting Rights. . . . . . . . 20 Section 7 - Vesting.of Voting Rights . . . . . . . . . . 21 ARTICLE VI - COVENANT FOR MAINTENANCE ASSESSMENTS . . . . 22 Section 1 - Covenant to Pay Assessment . . . . . . . . . 22' Section 2 - Purpose of Assessments . . . . . . . . . . . 22 Section 3 - Amount of Regular Assessments. . . . . . . . 22 Section 4 - Special Assessments for Capital Improvements and Limitation on Increases in Regular and Special Assessments . . . . 23 Section 5 - Reimbursement Assessments. . . . . 24 Section 6 - Notice and Quorum for Meetings Called Under Section 3 and 4. . . . . . . . . . . . 24 Section 7 - Uniform Rate of Assessments. . . . . . . . . . 24 Section 8 - Date of Commencement of Regular Assessments: Due Dates. . . . . . . . . . 25 Section 9 - Exemption from Regular Assessments - Dwelling Unit. 25 Section 10 - Exemption from Regular Assessments - Common Area. 26 Section 9 - Reserves . . . . . . . . . . . . . . . . . . 26 Section 10 - Certificate of Payment_ . . . . . . . . . . . 27 Section 11 - Effect of Nonpayment of Assessments; Remedies of the Association. . . . . . . . 27 Section 12 - Subordination to Certain Trust Deeds . . . . 31 Section 13 - Enforcement of Reimbursement Liens . . . 32 Section 14 - Delivery by Owner.:; . . . . . . . . . . . . 32 Section 15 - Late Charges and Interest _on Delinquent Assessments...-- 33 ARTICLE VII - MANAGEMENT OF THE ASSOCIATION AND THE PROJECT . . . . . . . . . . . . . 34 Section 1 - General Powers of the Association. . . . . . 34 Section 2 - Contracts of the Association . . . . . . . . 34 Section 3 - General Duties of Association. . .. . . . 35 Section 4 - Maintenance of Buildings and Common Area by the Association . . . . . . . . . . 36 Section 5 - Repair and Maintenance of the Units by Owners. . . . . . . . 37 Section 6 - Repair and Maintenance of Certain Common Areas by or at the Expense of Owners 37 Section 7 - Additional Restrictions on Power of the Board . . . . . . .' . . . . . 38 L Section 8 - Limitation on Board Authority to Contract. . . . 38 Section 9 - Maintenance of Public Utilitieso Contract. . . . 39 Section 10- Rights of Entry • • • 39 Section 11- Association Rules . . . 40 Section 12- Damage by Owner or Tenant of an Owner to . . . . the Common Area or Other Units 40 ARTICLE VIII - INSURANCE 42 Section 1 - Duty to Obtain Insurance; Types . . . 42 Section 2 - Special Flood Hazard Insurance . . . 43 Section 3 - Waiver of Claims Against Association . . . 43 Section 4 - Individual Fire Insurance Prohibited and . . . Rights and Duty of Unit Owners to Insure. . 43 Section 5 - Notice of Expiration Requirements . . . 44 Section 6 - Insurance Premiums . . . 44 Section 7 - Trustee for Policies . . . 44 Section 8 - Actions as Trustee . . . 45 Section 9 -Annual Insurance Review . . . 46 Section 10- Required Waiver Z7 t . . 46 ARTICLE IX - PARTITION . . . . . . . . . . . . . . . 0. . . 48 ARTICLE X - PROHIBITION AGAINST SEVERABILITY OF COMPONENT INTEREST IN CONDOMINIUM . . . . . . . . . 49 ARTICLE XI - RIGHT OF OWNERS OF CONDOMINIUMS TO MAKE IMPROVEMENTS . . . . . . . . . . . . 50 ARTICLE XII- ARCHITECTURAL CONTROL . . . . . . . . . . . . . 52 Section 1 - Architectural Approval .. . . . . . . . . . 52 Section 2 - Nonliability for Approval of Plans . . . . . . . 52 Section 3 - Nonapplicability to Declarant. . . . . . . . . . 52 ARTICLE XIII-RIGHTS OF INSTITUTIONAL HOLDERS 53 OFMORTGAGES . . . . . . . . . . . . . 53 Section 1 - Notice to Institutional Holders of Default . . . 53 Section 2 - Assessments on Foreclosure . . . . . . . . . ... 53 Section 3 - Required Consent of Owners . . . . . . . 53 Section 4 - Additional Rights of Institutional Holders . . . 54 Section 5 - Right of First Refusal .. . . . . . . . . 54 Section 6 - Priority on Distribution of Proceeds . . . . . . 55 Section 7 - Insurance . . . . . . . . . 53 Section 8 - Notice of Condemnation and Destruction . . . . . 55 Section 9 - Notice of Loss or Condemnation to -FHLMC. . . . . 56 Section 10- No Obligation to Cure Default. . . . . . . . . . 56 Section 11- Information . . . ... . . . . . . . . . . . . 56 Section 12- Priority of Mortgage Lfen . . . . . . . . . . 56 Section 13- FHLMC Insurance Requirements . . . . . . . . . . 56 Section 14- Priority of this Article . . . . . . . . . . . 57 ARTICLE XIV- ENFORCEMENT OF BONDED OBLIGAITONS . . . . . . 58 ARTICLE XV - DESTRUCTION OF IMPROVEMENTS'. . . . . . . 60 Section 1 - Restoration of Project . . . . . . . . . . . . 60 Section 2 - Sale of Project . . . . . . . . . . . . . 61 Section 3 - Right to Partition . . . . . . . . . . . . 62 Section 4 - Interior Damage . . . • . . . . 62 Section 5 - Notice to Units Owners and Institutional Holders of Mortgages. . . . . 62 Section 6 - Amendment of Condominium Plan . . . . . . . . . 63 ARTICLE XVI - EMINENT DOMAIN . . . . . . . . . . . . . . . 64 Section 1 - Definition of Taking . . . . . . . . . . 64 Section 2 - Representation by Board in Condemnation Proceeding. . . . . . . . . . 64 Section 3 - Award for Condominium. . . . . . . . 64 Section 4 - Inverse Condemnation . . . . . . . 65 Section 5 - Revival of Right to Partition. . . . . . . . 65 Section 6 - Awards for Members Personal Property and Relocation Allowances. . . . . . . . . 65 Section 7 - Notice to Members . . . . . . . . . . . . . . 66 Section 8 - Change of Condominium Interest . . . . . . . 66 ARTICLE XVII - EASEMENTS . . . . . . . . . . . . . . . . . 67 Section 1 - Utility Easements. . . . . . . . . . . . . 67 Section 2 - Encroachment Easement. . . . . . . . . . 67 Section 3 - Common Area Easements. . . . . . . . . . . . 67 Section 4 - Utilities. . . . . . . 68 Section 5 - Construction and Sales Easements . . . . . . 68 Section 6 - Establishment of Easements . . . . . . . . . 68 Section 7 - Air Conditioning Easements . . . . . . . . . 69 ARTICLE XVIII - COMPLIANCE WITH CIVIL CODE _ SECTIONS 1365 AND 1365.5. . . . . . . . . 70 Section 1 - Budgets and Financial Statements . . . . . . 70 Section 2 - Certification of Report. . . . . . . . . . . 71 Section 3 - Policies on Remedies . . . . . . . . . . . . 71 _. Section 4 - Fiscal Duties of Board 72 ARTICLE XIX - GENERAL PROVISIONS . . . . . . . . . . . . . 73 Section 1 - Enforcement of Restrictions. . . . . . . 73 Section 2 - Severability of Covenants. . . . . . . 73 Section 3 - Terms of Declaration . . . . . . 73 Section 4 - Construction of Declaration. . . . . . . . . 74 Section 5 - Amendments . . . . . . . . . . 74 Section. 6 - Nonliability of Officials. . . . . . . . . . 75 Section 7 - Violation of Declaration . . . . . . . . . . 75 Section 8 - Conflicts. . . . . . . . . . . . . . 75 Section 9 - Common Plan Declaration. . . . . . . . . . . 75 -iv- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. FOR TRACT NO. 13057 THIS DECLARATION is made this day of 1987, by JOHN R. SINDONI and YOK KOON TAN, as their sole and separate property. JOHN R. SINDONI and YOK KOON TAN, their successors and assigns shall hereinafter be referred to as "Declarant." R E C I T A L S: A. Declarant is the owner of certain real property in the City of Newport Beach, County of Orange, State of California, de.icribed as Ldt 1 of Tract 12208, in the City of Newport Beach, as per map recorded in Book 542, Pages 1 and 2 of Miscellaneous Maps, in the office of the County Recorder of said County (the "Property"). B. Declarant intends to develop on the Property a statutory airspace condominium project containing nine (9) Units. This condominium project will be a Common Interest Development in accordance with Californina Civil Code Section 1353(a). C. Declarant desires to divide the Property and impovements thereon into a condominium project as defined in Sections 783 and 1351(f) of the California Civil Code in accordance with the recorded condominium plan for the "Project" as hereinafter defined. D. Declarant also intends to impose upon the Property, the Project, as hereinafter defined, and the Units, as hereinafter definded, mutually beneficial restrictions under a general plan or scheme designed to benefit and enhance the value of the Property, the Project and the Units. E. Declarant will hereafter hold and convey title to all of the Property and the Units subject to certain protective covenants, conditions and restrictions hereafter set forth. NOW, THEREFORE, Declarant hereby declares and does hereby establish that the Property, the Project and all of the Units, including any improvements added or constructed on or about the Property in the future, shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the following limitations, restrictions, covenants and conditions, for the purposes of creating the condominium project and of mutually benefiting the Property, the Project and all of the Units, and the_•future owner; thereof. All of the restrictions, covenants and conditions set forth herein shall run with the land, and shall be binding upon all parties having or acquiring any right, title or interest in the Property, the Project or any of the Units, and shall be for the benefit of each owner of any portion of the Property, the Project or any of the Units or any interest therein, and shall inure to the benefit of and be binding upon each successor in interest of the owner thereof. I. DEFINITIONS The following terms used in these covenants, conditions and restrictions shall be applicable to this Declaration and are defined as follows: Section 1. Association. The term "Association" as used herein shall mean and refer to PLUMMER COURT HOMEOWNERS ASSOCIATION, a nonprofit mutual benefit corporation, its successors and assigns. Section 2. Board of Dircetors. The term "Board of Directors" or "Board" as used herein shall mean and refer to the duly elected Board of Directors of the Association. Section 3. City. The term "City" as used herein shall mean and refer to the City of Newport Beach, California, a municipal corporation of the State of California. Section 4. Common Area. "Common Area" shall mean and refer to the entire Common Interest Development, except the separate interests shown thereon. Section 5. Condominium. "Condominium" shall mean and refer to an estate in real property as defined in the California Civil Code Section 1351(f) and shall consist of an undivided one -ninth (1/9th) interest as tenant in common in Lot 1 coupled with a separate interest in space called a:Unit, the boudaries of which are described on the Condominium Plan for the Project. Section 6. Condominium Plan. "Condominium Plan" shall mean the Condominium Plan to be recorded for the Project, consisting of (1) a description or survey map of a Condominium Project which shall refer to or show monumentation on the ground, (2) a three-dimensional description of a Condominium Project, one or more dimensions which may extend for indefinite distance upwards or downwards with sufficient detail to:identify the Common -3- Areas in each separate interest, and (3) a certificate consenting to the recordation of this Condominium Plan pursuant to the Davis -Sterling Common Interest Development Act and acknowledged by the record owner of fee title to the property included in the Condominium Project. This certificate shall also be signed and acknowledged by the Trustee or beneficiary of each recorded Deed of Trust and the Mortgagee of each recorded Mortgage encumbering the property. Section 7. Declarant. The term "Declarant" as used herein shall mean and refer to JOHN R. SINDONI-and YOK KOON TAN, their successors and assigns. Section 8. Exclusive Use Common Area. "Exclusive Use Common Area" shall mean and refer to those portions of the Common Area which are designated by the Declaration of Restrictions or the Condominium Plan for the exclusive use of one (1) or more but fewer than all the Owners of the separate interest in accordance with California Civil Code Section 1351(i). The Exclusive Use Common Area and Units, the Owners of which shall be entitled to the exclusive use thereof, are identified on the Condominium Plan as follows: (a) "Garages" shall be those certain portions of the Common Area designated for use by the Units as garages, the exclusive use of which area shall be reserved to the Owners of a particular Unit, and shall be identified on the Condominium Plan by a Unit number and the letter designation "G." (b) "Patios" shall be that certain portion of the Common Area designation for use by some Units as a:patio, the exclusive use of which area shall be.reserved to the Owner of a particular Unit, and shall be identified on the Condominium Plan by a Unit number and the letter designation "P." Section 9. institutional Holder. The term "Institu- tional Holder" as used herein shall mean and refer to any holder -4- (beneficiary) of a deed of trust or mortgage which encumbers a Condominium and which is a bank or savings and loan association or established mortgage company or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency. Section 10. Member. The term "Member" shall mean and refer to each person entitled to membership in the Association as provided in this Declaration and in the Association's Articles of Incorporation and By -Laws. Section 11. Mortgage. The term "Mortgage" as used herein shall mean and refer to any duly recorded and valid mortgage or deed of trust encumbering a Condominium. Section 12. Owner. The term "Owner" as used herein shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Condominium which is a part of the Project, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. Section 13. Project. The term "Project" as used herein shall mean and refer to the real property and all improvements located on Lot 1 of Tract 12208, in the City of Newport Beach, as per map recorded in Book 542, Pages 1 and 2 of Miscellaneous Maps, in the office of the County Recorder of Orange County. Section 14. Property. The term "Property" as used herein shall mean and refer to that certain real property located on Lot 1 of Tract 12208, in the.City of Newport Beach, as per map recorded in Book 542, Pages 1 and 2 of_Miscellaneous Maps, in the office of the County Recorder of Orange County. Section 15. Reconstruction Assessment. The term "Reconstruction Assessment" as used herein shall mean a charge against each Owner and his Condominium representing a percentage protion of the total cost of the Association for reconstruction of any portion or portions of the Common Area pursuant to the provi- -5- 1 I sions of this Declaration. All Reconstruction Assessments for purposes of raising funds for the rebuilding or major repair of the structural Common Area of the residential Units of the Project shall be levied upon the basis of the ratio of the square footage of the floor area of the Unit to be assessed to the total square footage of floor area of all Units to be assessed. Section 16. Regular Assessment. The term "Regular Assessment" as used herein shall mean and refer to the amount which is to be paid by each Owner to the Association for common expenses as provided by the terms of this Declaration. Section 17. Reimbursement Assessment. The term "Reimbursement Assessment" as used herein shall mean a charge against each Owner and his Condominium for the purpose of reimbursing the Association for any costs incurred by the Association on behalf of an individual Owner. A Reimbursement Assessment may also be levied by the Association for purposes of collecting any monetary penalties which may be imposed by the Association against an owner who fails to comply with provisions of this Declaration, the.determinations of the Board or any rule or regulation adopted by the Association. Section 18. Special Assessment. The term "Special Assessment" as used herein shall mean a charge against each Owner and his Unit, representing a portion of the cost to the Association for installation or construction of any capital improvements on any of the Common Area which the Association may from time to time authorize pursuant to the provisions of this Declaration. Section 19. Unit. "Unit" =shall mean a separate interest -in space as defined in California Civil Code Sections 1351(f) and 1351(1)(2). Each of the Units shall be a separate freehold estate as separately shown, numbered and designated on the Condominium Plan. The Units in the Project are numbered 1 through 9. A Unit consists of all those separate interests in space shown and identified on the Condominium Plan as being part of such Unit. Section 20. Separate Interest in Space. "Separate Interest in Space" shall mean the following air spaces of a Unit: Section 21. Residential Air Space shall mean and refer to that portion of the Unit designated for use as a residence and shall be identified on the Condominium Plan by Unit number and shall consist of the interior of each Residential Air Space and the space encompassed thereby, including the outlets of all utility installations therein. -7- II CREATION OF CONDOMINIUMS Section 1. Designation of Condominiums. Declarant, in order to establish a plan of Condominium ownership for the Project, hereby covenants and agrees that it hereby divides the Project into the following: (a) Nine (9) designated and legally described Units which are shown, defined and described on the recorded Condominium Plan for,the Project. (b) The Common -Area consisting of the remainder of the Project, excepting the "Units" as shown on the Condominium Plan. Section 2. Interest in Common Area. The ownership of each Unit shall include an equal undivided interest as tenant in common in the Common Area of Lot 1 of the Project. Declarant, its successors, assigns, and grantees, covenant and agree that the equal undivided interests in the Comnmon Area of Lot 1 and the fee titles in and to the respective Units conveyed therewith shall not be separated or separately conveyed., and each such undivided interest in the Common Area of Lot 1 shall be deemed to be: conveyed or encumbered with its respective Units, even though the description in the instrument of conveyance or encumbrance may refer only to the fee title and to the Unit. Each Owner's equal undivided interest in the Common Area of Lot 1 may not be diminished or changed. Section 3. Condominium. Each Unit, together with the respective equal undivided 'interest in the Common Area of Lot 1, together with any exclusive easemgrrts=in the Common Areas appurtenant thereto, is defined and hereinafter referred to as a "Condominium," and the ownership of each Condominium shall include a Unit and such equal undivided interest in the Common Area of Lot 1. -8- III RIGHTS OF ENJOYMENT Section 1. Members' Right of Enjoyment. Every Owner and Member of the Association shall have a nonexclusive easement for use and enjoyment in and to all Common Area within the overall Project, and such right shall be appurtenant to and shall pass with title to each Condominium, subject to all of the easements, covenants, conditions, restrictions and other provisions contained qP in this Declaration, including, without limitation, the following provisions: (a) The right of the Association to reasonably limit the number of gu-sts of Owners using the Common Area facilities; (b) The right of the Association to establish uniform rules and regulations pertaining to the use of the Common Area and recreational facilities thereon; (c) The right of the Association in accordance With the Articles, By -Laws and this Declaration, with the vote or written assent of a majority of the total voting power of the Association, which shall include a majority of the votes residing in Members other than Declarant, to borrow money for the purpose of improving the Common Area and the facilities and in aid thereof, and, subject to the provisions of the Article of this Declaration entitled "RIGHTS OF INSTITUTIONAL HOLDERS OF MORTGAGES" to mortgage, pledge, deed -:in -trust, or hypothecate any or all of it= real o: personal property as security for money borrowed or debts incurred; (d) Subject to the provisions of the Article of this Declaration entitled "RIGHTS OF INSTITUTIONAL HOLDERS OF MORTGAGES," the right of the Association to dedicate, release, alienate or transfer the Common Area to any public agency, avtheritl, utility or other person for such pu=poses and subject to such conditions as may be agreed to by the Members. No such dedication, release, alienation or transfer shall be effective, unless an.instrument signed by Members entitled to cast a majority of the total voting power of the Association, which shall include a majority of the votes residing in Members other than the Declarant, agreeing to such dedication, release, alienation or transfer has been recorded; (e) The rights and reservations of Declarant as set forth in this Declaration, including the right of Declarant and its sales agents, representatives and prospective purchasers, ':n the non-exclusive use of the Common Area and any facilities thereof, without cost, for access, ingress, egress, use and enjoyment, in -order to dispose of the Property az; provided herein, until the close of escrow for the sale of all of the Units in the Property; provided, however, that such use shall not unreasonably interfere with the rights of enjoyment of the other Owners as provided herein; (f) The right of the Board to suspend the rights and easements of use and enjoyment of the recreational facilities, if any, located on the Common Area of any Member, and the persons deriving such rights and easements from any Member, for any period during which the payment of any assessment against such Member and his Unit remains delinquent; and, after notice and hearing with an opportunity to be heard, to impose monetary penalties or suspend such use rights and easements for a reasonable period of time as determined by the Board for any viola-tion of this Declaration.,_ the_ Articles, By -Laws or the rulss and r,egUIat:ions of the Association, it being understood that any suspension for either non-payment of any assessment or breach of such restrictions shall not constitute a waiver or discharge of the Member's obligation to pay assessments as provided herein; i (9) The right of the Association, acting through the Board, to reasonably restrict access to areas of the Common Area. Section 2. Delegation of tt�A, Any Member may delegate his right of enjoyment to the Common Area to the members of his family or his tenants who reside on his Unit, or to his guests, subject to rules and regulations adopted by the Board. Section 3, Waiver of Use. No Member may exempt I. himself from personal liability for assessments duly levied by the Association, nor release the Unit owned by him from the liens, charges and other provisions of this Declaration, the Articles, By -Laws and Association rules, by waiver of the use and enjoyment Of the Common Area, or the abandonment of his Unit. 1 A IV USE RESTRICTIONS In addition to all other covenants contained herein, the use of the Project and each Unit therein and the Common Area is subject to the following: Section 1. No Partition. The Common Area shall remain undivided and no Owner -shall bring any action for parti- tion, except as otherwise hereinafter provided, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project. _ Section 2. Commercial Use. Subject to the Section entitled "Construction and Sales Easement" of the Article hereof entitled "Easements", no part of a Unit shall be used or caused to be used or allowed or authorized in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending, or any nonresidential purposes; provided, however, that the Association shall have the right to' provide or authorize such services on the Common Area as it deems appropriate for the enjoyment of the Common Area or for the benefit of the Members. Section 3. Interior of Units. Each Owner shall u-m e the exclusive right to paint, repaint, tile, wax, paper or 0t:erwise r<_finish and dec - orate :.e in:.er st:rface o� the walls, ceilings, floors, windows and doors bounding his own Unit. Certain of the Units within , this Pr^ - �, _- � .;,ay ..ave an adjoining fireplace structure, built as part of the original construction, which may or may not be delineated on the Condominium Plan for the Project: The Owner of each such Unit shall have the exclusive use of the space bounded by and contained within the interior surfaces of the fire box of the fireplace structure which opens into their Unit. J Section 4. No Obstruction of Common Area. There shall be no obstruction of the Common Area nor shall anything be stored in the Common Area without the prior written consent of the Board except as hereinafter expressly provided. Nothing shall be altered or constructed in or removed from the Common Areas, except Upon the written consent of the Board. Section 5. Signs - No sign, poster, bil'lboaird, advertising device or other display of,any kind shall be displayed so as to be visible from outside any portion of the Property without the approval of the Board, except such signs as may be used by Declarant in connection with the development of the Property and the sale and rental of Condominiums (but such exception for signs of the Declarant shall only apply for a period of five (5) years after conveyance of the first Unit by Declarant or upon the close of the last escrow representing the sale of all of the Units in the Project, whichever first occurs), and except such signs of oust=mary and reasonable dimensions as prescribed by the Board as may be displayed on or from a Condominium advertising_ the residence For sale or lease. Any "for sale" or "for lease" signs which are not (1) attached to the exterior walls of a residence and (2) not more than six (6) square feet in size, shall not require Board approval. Animals. No insects or animals of any Section 6. kind shall be raised, bred or kept on the Property except that a reasonable number of dogs, cats' -or other_ household pets may be kept, provided that they are not kept; bred or maintained, for any cc...aarc_al purpose, nor in :violation of any other p is - er rov -cn of this Declaration and such limitations as may be set forth in the rules and regulations of the Association. The Association, acting through the Board of Directors, shall have the right to prohibit maintenance of any animal maintained on any Condominium in the Property which constitutes, in the -bpinion of the Board, a nuisance to Owners of Condominiums within the Property. Animals belonging to Owners, occupants or their licensees, tenants or invitees within the Property must be either kept within an enclosure, an enclosed yard or on a leash or bridle being held by a person capable of controlling the animal. Furthermore, any Owner shall be absolutely liable to each and all remaining Owners, their families, guests, tenants and invitees, for any unreasonable noise or damage to person or property caused by any animals brought or kept upon the Property by an Owner or by members of his family, his tenants or his guests; ana it shall be the, absolute duty and responsibility of each such Owner to clean up after such animals which have used any portion of the Property. Section 7. Structural Alterations. No Owner shall make or cause --to be made structural alterations or modifications to the interior of his Unit or installations located therein which would have a material effect on another Unit without the prior written consent of the Board provided for in this Declaration. No owner shall make any improvement or alteration within the boundaries of their Unit which impairs the structural integrity or mechanical systems, or lessens the support of any portion of the Common Area. Section 8. Utilities. Each Owner of a Unit shall be obligated to pay any and all assessments for sewage, electricity, other utilities, taxes and other charges assessed individually against each Unit. t Section 9 .'rash. No rubbish, trash or garbage or other waste material shall"be kept o�-permitted upon any portion of the Preperty, except in c_an_trj _ " ca:.ta-ners located in appro- priate areas screened and concealed from view, and no odor shall be permitted to arise therefrom so as to render the Property, or any portion thereof, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to its occupants. Such containers shall be exposed to the view of neighboring Units only when set cut for a reasonable period of _ 24- time (not to exceed twenty-four (24) hours before and after scheduled trash collection hours). If trash bins are located in the trash areas on the Common Area, all Owners shall utilize such trash bins for the disposal of their trash. Section 10. Parking and Vehicular Restrictions. No Owner shall park, store or keep any vehicle, except wholly within the parking area designed therefor, and any inoperable vehicle shall be stored only in enclosed garages. No Owner shall park, store or keep on any property, street (public or private), unenclosed parking space or driveway within the Property any large commercial -type vehicle (including, but not limited to, any dump truck, cement mixer truck, oil or gas truck or delivery truck), any recreational vehicle (including, but not limited to, any camper unit-,- mbtor home), any bus trailer, trailer coach, camp trailer, boat, aircraft, mobile home, inoperable vehicle or any other similar vehicle or any vehicular equipment, mobile or otherwise, or any other non -automotive vehicles and non -automotive storage or other items visible from anywhere in the Property determined to be a nuisance by the Board. The above excludes camper trucks and similar vehicles up to and including three- quarter (3/4) ton when used for everyday-tY.oe transportation and subject to approval by the Board. No Owner of a Condominium shall cony-ct repai_r$ Or restorations Of any motor vehicle, beat, trailer, aircraft or other vehicle upon any portion of the Project or upon the Common ..rea, except wholly within the Owner's garage, and then only when the garage door is'"closed; provided, however, that _. -h act` - -- activity ..� S:ial_ at P.O .:.^.ie be Per.-1_tted if It i5 determined by the Board or its agent to be a nuisance. Garage doors shall remain closed except for reasonable periods while the garages are being used. Section 11. Rules of Association. Each Owner, tenant or occupant of a Condominium shall comply with the provisions of t is Declaration, the By -Laws, decisions and rules and regulations - ., of the Association or its duly authorized representatives which may from time to time be promulgated, all as lawfully amended from time to time, and failure to comply with any such provisions, decisions, or resolutions, shall be grounds for an action to recover Sums due, for damages, or for injunctive relief, or for any other remedy permitted by law or permitted by the terms of this Declaration. Section 12. Conduct in Condominiums and Common Area. No Unit or the Common Area shall be occupied or used for any purpose or in any manner which shall cause either to be uninsurable against loss by fire or the perils of the extended coverage endorsement of the California Standard Fire Policy form, or cause any policy or policies representing such insurance to be canceled or suspended or the company issuing the same to refuse - renewal thereof. No Unit shall be used in such a manner as to obstruct or interfere with the enjoyment of occupants of other Units or anr_cy them by unreasonable noises or otherwise, nor shall any nuisance be committed or permitted to occur in any Unit. Section 13. Leasinq of Units. With the excep tion of an Institutional Holder in possession of a Unit following a default in the Mortgage, or a foreclosure proceeding, no Owner stall be permitted to lease his Unit for transient or hotel purposes. No Owner may lease less than the entire Unit. Any lease shall be required to provide that the terms of the lease be su.'Ject in all res pects to the provisions o� t;.e Declaration and the By -Laws and that ahy failure by the lessee to co-piy with the terms of such _ - --..-e..ta sr.&ii be a def aul,. Winder the lease. All leases shall be required to be in writing, Other than �he foregoing, there shall be no restriction on the right of any Owner to lease his Unit. Section 14. Antennas. No television, radio, or other electronic antenna or device of any=type shall hereafter be erected, constructed. Placed or permitted to remain on the Unit or -16- r the Common Area unless and until the same shall have been approved in writing by the Board, or unless the same be contained within a building. Section 15. Window Covers. Curtains, drapes, shutters or blinds may be installed as window covers. No window Shall be covered with alua,inum foil or similar material. Section 16. Drillina. No oil drilling, oil development operations, oil refiring, quarrying or mining operations of any kind shall be permitted upon the Project, nor shall oil wells, tanks, tunnels or mineral excavations or shafts be permitted upon the surface of any portion of the Project or within five hundred fifty feet (550') below the surface of the Property. No derrick or other structure designed for use in boring for water, oil or natural gas shall be erected, maintained or permitted upon any portion of the Project. C V MEMBERS Z;;TID PND VOTING R FTS Section 1. Oraan`o - The Association is organized as a California corporation under the California Non- profit Mutual Benefit Corporation. Law. The Association is charged with the duties and vested with the powers prescribed by law and set forth in the Articles, By -Laws, and this Declaration. Neither the Articles nor By -Laws shall, for any reason, be amended or otherwise changed so as to be inconsistent with this Declaration. In the event that there should exist any ambiguity in any provision of the Articles or By -Laws, then such provision shall be interpreted so as to be consistent with the provisions of this Declaration. Section 2. Membership. Every Owner of a Unit which is subject to assessment shall automatically upon becoming the Owner of a Unit be a Member of the Association, and shall remain a Member thereof until such time as his ownership ceases for -any reason, at which time his membership in the Association shall automatically cease. For each Unit there shall be on file with the Association an address of record for an Owner, if different from the Unit address, and a phone number or numbers in case of emergency, all of which shall be kept current by the Owner. Ownership of a Unit shall be the sole qualification for membership in .. ne:r A ss0c4atlon. All me..,bgr h^ s -ps shall be appurtenant to the Unit conveyed, and with the exception of Declarant, a person or. entity shall be deemed an Owner cf _ a �:.� o.^.ly upon recordation �f a deed conveying the Condominium to him. Except as may otherwise be provided herein, the rights, duties, privileges and obligations of all Members of the Association shall be as provided in this Declaration and in the rules of the Association adopted by the Association. Section 3. Transfer. The membership held by any Owner shall not be transferred, pledged or alienated in ant way, except upon the sale or encumbrance of his Unit, and then only to the purchaser or deed of trust holder of said Unit. Any attempt to make a prohibited transfer is void, and will not be reflected upon the books and records of the Association. A Class A Member who has sold his Unit to a contract purchaser under an agreement to purchase shall be entitled to delegate to such contract Purchaser his membership rights.in the Association. Such delegation shall be in writing and shall be delivered to the Board hp.fore such contract purchaser may vote. However, the contract seller shall remain liable for all charges and assessments attributable to --his Unit until fee title to the Unit sold is .transferred, as provided in this Declaration. In the event the Owner of any Unit should fail or refuse to transfer the membership registered in his name to the purchaser of such Unit, the Board of Directors shall have the right to record the transfer upon the books of the Association. The Board of Directors shall have the right to impose a reasonable fee against the selling Owner equal to the cost to the Association of effectuating any such transfer of his membership upon the books -of the Association. Section a Voting Rights. The - -ing g - � th Association shall - have two (2) classes of voting membership. Class A. Class A Members shall be those Owners F deSCr-'Jed in Section 2 above, with the exception of Declarant ^- a -ant for so long as there exists a Class B membersSi _ `�'p. Each Class F. Member shall be entitled to one (I) _ f- _ - -- - EaC . U.n.S .. owned. When more o e than one (1) person holds an interest in any Unit, all such persons shall be Members, and the vote for such Unit shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to a specific Unit. The Association shall not be required to recognize the vote or written assent of any zuc:: C:,-; „ner except the vote ^_r _ -tea 0 assent of the Co -Owner designated in a writing executed by all such CO -Owners and delivered to the Association. Class B. The Class B Member shall be Declarant. The Class B Member shall be entitled to three (3) votes for each Unit owned; provided that the Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) At such time as the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) On the second anniversary of the original issuance of the final subdivision public report for the Project. Sectfon S. Two Ulasses of Memberships. Any action by the Association which must have the approval of the membership of the Association other than the Declarant before being undertaken, shall require the vote or written assent of both a majority of the Class B membership as well as a majority of the Class A membership so long as there are two (2) outstanding classes of membership, unless a specific provision of this Declaration or the By -Laws or Articles of the Association requires the approval of a greater percentage of the voting membership. Notwithstanding the foregoing, any action by _ the Association pursuant- to the Article f this is e o Declaration entitled "- ..:.zOrce:re.^.t Of Bonded Obligations" shall only require a majority of the voting Power o: the Owners Otner than Declarant. Secticn 6. Special Class A Voting Richts. Notwith- standinc the - �•�i= ..rts_l�, _f the Cla=s F. !de ;bits do not have sufficient voting power pursuant to the voting rights set forth in this Declaration and the By -Laws to elect at least one (l) director at any meeting at which directors are to be elected, and at which Class A Members are entitled to vote, then. such Class A Members shall, by majority vote, among themselves, elect one (1) director and th- t remaar:_ng vac a..^.r_es on the __�.� e'.:all be elected by the Class B Member so long as there are two outstanding classes of membership in the Association or so long as a majority of the voting power of the Association resides in the Declarant. In no event shall the Class A Members be entitled to elect more than one (1) director to the Board pursuant to the provisions of this special Class A voting right. Section 7. Vesting of Voting Riahts. All voting rights which are attributable to a specific Unit pursuant to the terms of this Declaration shall not vest until such time as such Unit is subject to, Regular Assessments pursuant to the terms of Declaration. t i VI COVENANT FOR MAiAITENANCE ASSESSM=NTS Section 1. Covenant to Pav Assessment. Declarant, for each Condominium owned within the Property, hereby covenants, and each Owner of any Condominium by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) Regular Assessments or charges, (2) Special Assessments for capital improvements, (3) Reconstruction Assessments, and (4) " ni.mbursement Assessments, all such assessments to be established and collected as hereinafter provided. Each of such assessments, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Condominium at the time the assessment fell due. The personal obligation for delinquent assessments shall not pass to such person's successors in title unless expressly assured by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Property and fcr the improvement, operation and maintenance of the Commnon Area and the Project and the Performance CZ the duties Of the Associatior.•as set forth in this Declaration and in the 4 Association's Articles and By -Laws. Section 3. Amount of Regular Assessments. The amount and tim- .f =Zymsnt Gf Regular _S "� r. SE :^e^tom ag-inst eac h Condominium shall be determined by the Board of Directors of the Association giving due consideration to the current maintenance costs and future needs of the Association. Except for the terms Of this Declaration as provided for in Section 4 hereinbelow, the Regular Assessments against each Condominium shall not be increased ...__s t::an ten percent (! C°c- - .�� ) . .•e_ the Regular Assessments 1 e for the preceding year for each Condominium without the vote or written consent of a majority of the total voting power of the Association which shall include a majority of the votes residing in Members other than the Declarant. Section 4. Special Assessments for Capital ��.a,nnnts ang Ltation on Increases in Regular and Soecial Assessments. In addition to the Regular Assessments authorized above, the Association may levy, in any assessment year, a Special "assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, `jac:onstruction (other than reconstruction pursuant to the Article of this Declaration entitled•"Destruction of Improvements"), repair or replacement of a capital improvement upon the Common Area and the Project, including fixtures and personal property related thereto, or any other action or undertaking on behalf of the Association, provided that any Special Assessment for all Condominiums for the•fisca! year in the aggregate in excess of five percent (5;1) of the budgeted gross expenses of the Association for that fiscal year must First be approved by the vote or written assent of a majority of the voting power of the Association, which shall include a majority of the votes residing in Members other than the Declarant.- The foregoing limitation on Special Assessments shall not app� -y to any REisb - 2.T.e.^.t Assessment which is authorized by the provisions of -this Declaration. The limitation on percentage increases of Regular and Special Assessments under Section and this Section 4 shall in no way 1 :t - t _..._ a; Gzsmen increases for the f 1 _ o Tcw_ (i) The maintenance or repair of the Common Area or other areas which the Association is obligated to maintain or repair, including, but not limited to, the payment of insurance premiums, the payment of utility bills, the costs incurred in maintaining or repairing structures or improvements? and funding reserves; and emer'ancYs:___-'_c^s; provided ho wever, any . increase for the current fiscal year greater than twenty percent (20" ,) for the categories noted in subsections (i) and (ii) herein for the immediately preceding year must be approved by (a) a majority of the voting power of the Association and (b) as long as there is a Class B membership, a majority of the voting power of members other than the Declarant. Section. 5. Reimbursement Assessments. The Associa- tion may levy a Reimbursement Assessment against any Owner who fails to comply with the provisions of this Declaration, the determinations of the Board, the Association's Articles or By. Laws, or any rule or regulation adopted by the Association, if such failure results in the expenditure of monies by the Association in carrying out its functions hereunder or for .purposes of collecting any fines which may be levied by the Association. Such assessment shall also be for the purpose of reimbursing the Association for any costs incurred by the Association on behalf of an individual Owner. A Reimbursement Assessment shall be due and payable to the Association when levied. Section 6. Notice and Quorum for Meetings Called Under Sections 3 and A. Written notice of any meeting called to approve an increase in Regular Assessments under Section 3 or a Special zssessment under Section ? greater than the prescribed Percentages set forth therein shall be sent to all Members not r -ess t a. to: (lC) nays, ncr more than sizti' (C.0.) days i. advance _ mace of the meeting. At any such meeting called, the presence of Members or of proxies entitled to ` cac- f=f - - -r -c:.e percent 1 *' the voting power of the Association other than the Declarant shall corsti 4 he recrsired quorum is not .� .ute a quorum. If t present, another meeting may be called subject to the same quorum requirement. Section Uniform Rate --of Assessments. Regular and Special Assessments for e_ch Unit-- zhai --- .o�, be unizorm. Regular Assessments shall be collected on a monthly bases unless some other period for collection is established by the Board. Section 8. Date of Commencement of Regular Assessments: Due Dates. The Regular Assessments provided for herein shall commence as to all Condominiums (including those Condominiums owned by Declarant) not later than (but earlier at the discretion of Declarant) the first day of the month following the conveyance of the Condominium by Declarant to an individual Owner. The first Regular Assessment shall be adjusted according to the number of months remaining in the fiscal year of the Association. The Board of Directors shall fix the amount of the Regular Assessment against each Condominium at least sixty (60) days in advance of each fiscal year of the Association at an amount not in excess of the maximum as provided in this Declaration. Written notice of the amount of the Regular Assessments against each Condominium shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. Regular Assessments shall be deemed delinquent fifteen (15) days after the due dates established by the Association. In the event the Board shall determine at any time that the estimate of the Regular Assessment for the current fiscal year is, or will become, inadequate to meet the expenses of the Association for any reason, it shall immediately determine the approximate amount of such inadequacy and issue a supplemental estimate of the total Association -expenses and determine the revised amount of the Regular Assessment against each Unit. Section 9. Exemption from Regualar,•Assessments - Dwelling Unit. Notwithstanding anything- to the contrary contained elsewhere in this Article, the Declarant and any other Owner of a subdivision interest within the Property which does not contain a residential dwelling unit shall be exempt from the payment of that portion of the Regular Assessments which is for the purpose of defraying expenses and reserves directly attributable to the -25= existence and use of the residential structural improvements. The exemption may include, but shall not necessarily be limited to: (1) Roof replacement; (2) Exterior maintenance; (3) Walkway and carport lighting; (4) Refuse disposal; (5) Cable televison; and (6) Domestic water supplied to a portion of the dwelling units. This exemption from the payment of Regular Assessments attributable to the dwelling units shall be in effect only until the earliest of the following events: (i) a notice of completion of the structural improvements on the dwelling unit has been recorded; (ii) occupation or use of the dwelling unit; or (iii) completion of all elements of the residential structures of the dwelling unit which the Association is obliged to maintain. Section 10. Exemption from Regular Assessments - Common Area. The Declarant and any other Owner of a Unit shall be exempt from the payment of that portion of the Regular Assessments which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of a Common Area facility that is not complete at the time the Regular Assessments commence. Any exemption from the payment of Regular Assessments atributable to Common Area facilities shall be in effect only until the earliest of the following events: (i) a notice of completion of the Common Area facility has been recorded, or (ii) the Common Area facility has been placed into use.` Section 11. Reserves. The -Regular Assessments shall include reasonable amounts as determined by the Board collected as reserves for the future periodic maintenance, repair or replacement of all or a portion of the Common Area that must be repaired or replaced on a periodic basis, or any other purpose as -26- f• determined by the Board. All amounts collected as reserves, whether pursuant to this Section or otherwise, shall be deposited by the Board in a separate bank account to be held in trust for the purposes for which they are collected and are to be segregated from and not commingled with any other funds of the Association. Such reserves shall be deemed a contribution, to the capital account of the Association by the Members. Section 12. Certificate of Payment. The Association shill„ upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth ,,nether the assessments on a specified Condominium have been paid. Said signed certificate shall be conclusive evidence as to all third parties felying thereon to show that all assessments acknowledged therein have been paid but shall not relieve any Owner of the responsibility for assessments not in fact paid. Section 13. Effect of NonDavment of Assessments; Remedies of the Association. Each Owner of any Condominium on becoming an Owner of any Condominium is, and shall be deemed to covenant and agree to pay to the Association each and every of the 'assessments provided for in this Declaration; and agrees to the enforcement of all such assessments in the manner herein specified. In the event an attorne3Y or attorneys are employed for collection of any assessment, whether by suit or otherwise, or to enforcg compliance with or specific performance of t orb he terms and _ cond��i'�' ons of this Declaration, each Owner agrees to pay reasonable attorneys' fees and costs thereby -incurred in addition z 8ny other amounts du e ue or any other relief re;-e� cb cr .:y rained against said Owner. In. addition to any other remedies herein or by law provided, the Board, or its authorized representative, may enforce the obligations of the Owners to pay the assessments provided for in this Declaration, and each of them, in any manner provided by law or in equity, or witFhout limitation of the f"reg�'i either or both of the following pro cedures: -27- ►/ 0 (a) Enforcement by Suit. By commencement and maintenance of a suit at law against any Owner or Owners personally obligated to pay assessments for such delinquent assessments as to which they are personally obligated, such suit to be maintained in the name of the Association. Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon as provided for herein, costs of collection, court costs and reasonable attorneys' fees in such amount as the court may adjudge against the delinquent Owner. Suit to recover a money judgment for unpaid P-sessments shall be maintainable without foreclosing or waiving the lien hereinafter provided for. (b) Enforcement by Lien. There is hereby created . a claim of lien, with power of sale, on each and every Unit to secure payment to the Association of any and all assessments levied against any and all Owners of such Units pursuant to this Declaration, together with interest thereon as provided fc_ ~ in this Declaration, and all costs of collection which may be paid or incurred by the Association in -connection therewith including reasonable attorneys' fees. At any time after the occurrence of any delinquency in the payment of any such assessment, the Board or any authorized representative thereof may :hake a written demand for payment to the del'_r^••ent Owner.' _ Said demand shall sta te tE the date and amount of the delinquency. . Each delinquency shall cc, ist_ .,.te a s=~arate si _~.a 5 for'a :-.Nand or .,c2air, of lien constitute a separate basis for a demand or claim of lien or a- _ lie^., "t ar. ..,.tuber of �ec�..l, _ _ l - a_: �e i:.ci ded w:th_n a single �_e demand or claim of lien and any demand or claim of lien or lien on account of prior delinquencies shall be deemed to include subsequent delinquencies and amounts due on account thereof. If such delinquency is not paid within ten (10) days after delivery of such deinand, the Board or its duly authorized representative may thereafter elect :_ file and record a Notice of Delinquent Assessment ("Notice") on behalf of the Association against the Unit of the defaulting Owner in the Office of the County Recorder of Orange County. The amount of the assessment, plus any costs of collection, late char es and interest assessed sessed in accordance with this Declaration shall be a lien on the Owner's Unit from and after the time the Association records the Notice of Delinquent Assessment. Such Notice shall be executed and acknowledged by any officer of the Association and shall contain substantially the following information: (1) The claim of lien made pursuant to this Declaration; (2') The name of the record Owner; _ (3) The legal description of the Unit against which claim of lien is made; (a) The total amount claimed to be due and owing for the amount of the delinquency, interest thereon, collection costs, and estimated attorneys' fees (with any proper offset allowed); (5) That the claim of lien is made by the Association pursuant to this Declaration; (6) That a lien is claimed against said Urit in an amount equal to the amount stated, together with all other amounts becosina due from time to t i.;�e �n accordance with this Declaration; and (7) The name and address of the trustee authorized by the Association to enforce the lien by pi:blic sale. Upon such =ec _dation of a d:._ -Y executed ors __na1 or copy of such Notice, the lien claimed therein shall immediately attach and become effective in favor of the Association as a lien upon the Unit against which such assessment was levied. Such a lien shall have priority over all liens or claims created subsequent to the recordation of this Declaration, except for tax liens for real property taxes on any Unit and assessments on any I Unit in favor of any municipal or other governmental assessing unit and except for certain Trust Deeds as provided in the Section Of this Article entitled "Subordination to Certain Trust Deeds" below. Any such lien may be foreclosed by appropriate action in Court or in the manner provided by the California Civil Code for the foreclosure of a deed of trust with power of sale, or in any other manner permitted by law. The Board is hereby authorized to appoint its attorney, any officer or director of the Association, or any Title Company authorized to do business in California as Trustee for the purpose of conducting such power of sale roreclosure. The lien provided for herein shall be in favor of the Association and shall be for the benefit of all other Unit Owners and .hall secure payment of all sums set forth in the Notice, together with all sums becoming due and payable in accordance with this Declaration after the date of recordation of said Notice. The Association shall have the power to bid in at any foreclosure sale and to purchase, acquire, hold, lease, mortgage and ccn:•ey any Unit. In the event such foreclosure is by action in Court, reasonable attorneys' fees, court costs, title search fees, late payment fees, interest and all other costs and expenses shall be allowed to the extent permitted by law. Each Owner, by beCO-ing an Owner Of a Un it, _.., hereby expressly waives any Objection e enf rce e-� his lie this to th_ e .. and foreclosure of -r• manner. Upon the timely curing of any default for which a Notice was filed by mhe Board and the payment of all sums secured by the lien created by the recordation of such Notice, the -Board shall cause an OI_fI Cer ..- ,. :e nSSOClatiOn t0 file a:^,4 record a-, appropriate release of such Notice in the Office of the County Recorder of Orance County, California. No Owner may waive or otherwise escape liability for the assessments provided for in this Declaration by non-use or abandonment of his Unit. Notwithstanding anything contained iS this Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of a Notice of Delinquent Assessments, whether judicially, by power of sale, or otherwise, until the expiration If ten (10) days after a copy of said Notice, showing the date of recordation thereof, has been mailed to the Owner of the Unit Which is described in such Notice. Section 14. Subordination to Certain Trust Deeds. The lien for the assessments provided for herein in connection with a given Condominium shall not be subordinate to the lien of my deed of trust or Mortgage, except the lien of a first deed of trust or first mortgage, or contract of sale given and made in =rd faith and for value that is of record as an encumbrance against such given Condominium prior to the recordation of a Notice of Delinquent Assessment for the assessments provided for in this Declaration against such given Condominium (such deed of trust or Mortgage being hereinafter referred to as a "prior deed of trust"). The'sale or transfer of any Condominium shall not affect the assessment lien provided 'for by this Declaration to secure assessments becomning due whether prior to, on or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent assessments as provided for by this Article; prodded, however, that the sale r Cr transfer Qf any Ccncominium pursuant VV ^ a judicial foreclosure or foreclosures by power of sale .of a prior deed or trust, shall extinguish any assessment lien, which ' :as attached and become effect: -.re with regard to the Condominium, being so transferred prior to the time of such sale or transfer, and -.._-- a:.:. _t zhe creaz4on of any assessme_ie. _ aca_..- s -.,ch Condominium on account of assessments which became due prior to the date of such sale or transfer; provided, however, that there shall be a lien on the interests of the purchaser at such sale which shall attach, be created and become effective, and be foreclosed in accordance with this Declaration and which shall secure all assessments becoming due after the date of any 1 sale or transfer. For the purpose of this Section 14, a sale or transfer of a Condominium shall occur on the date of recordation of a deed or other instrument of title evidencing the conveyance of record title to the Condominium. Section 15. Enforcement of Reimbursement Liens. (a) Notwithstanding anything to the contrary contained in this Article or elsewhere in this Declaration, in the event the Association imposes a Reimbursement Assessment as a 1nonetary penalty for failure of a Memw-ei' to comply with the terms of the Declaration or as a means of reimbursing the Association ,0T..• costs incurred by the Association in the repair of damage to the Common Area for which the Member was allegedly responsible or as a means to force a Member to comply with the terms of this Declaration, such Reimbursement Assessment shall not be characterized or treated as an assessment which may become a lien against a Mezber's Unit enforceable in the manner provided by the Califcrnia Civil Code for the foreclosure of a deed of trust with power of sale as provided in Section 13 of this Article. r, Reimbursement Assessment imposed for any purpose other than. the purposes enu.:.erated hereirabove in this Section shall be enforceable in accordance with the procedures set forth in*Section 13 of this Article. (b) ^_':.e provisions of subsecti^ ` 'tee- in �•• (a� ..__e abcve relatinc to restrictions on the enforcement of Reimbursement r.ssess^eats --- certa_n p^ses sha_1 ^.ot apply to any interest charge or late charge for delinquent assessments imposed pursuant to Section __ ^f Chic _t:cic or to any cos ts s reasonab' y :ncurred by the Association (including attorneys' fees) in its efforts to collect delinquent assessments. Section 16'. Delivery by Owner. Each Owner of a Unit shall, before the execution of an offer to purchase or lease, make available for examination by the proJtpective purchaser or lessee, and as SO= a- cable oefora transfer of the interest beinc f acquired, give to each purchaser or lessee (i) a copy of this Declaration and copies of the 'Bylaws and Articles of Incorporation Of the Association, (ii) copies of any other instruments which define the rights and responsibilities of the Owner or lessee as members of the Association, (iii) to the extent available, a copy of the most recent financial statement distributed by the Association in accordance with Article XVIII of this Declaration, and (iv) a statement prepared by the Board of Directors as to the amount of any delinquent assessments and information relating to penalties, late charges, interest and other charges authorized by ''.iis Declaration which are or may be a lien on such Owner's Unit as of the date the statement is issued. Section 17. Late Charges and Intel _ est on-Delinauent Assessments. Any assessment imposed pursuant to the terms of this Declaration, if delinquent, shall include a late charge in the maximum amount which shall be imposed by the Board in accordance with and subject to the limitations Of California Civil Code Section 1366 as the same may be modified from time to time by statute or judicial decision. Interest shall accrue on all sums imposed in accordance with this Article, including the delinquent assessment, reasonable costs of collection and late charges, at an annual percentage rate of twel,;e percent (1201) _ eres, :^t commencing t irty (30) days after the assessment becomes due, or such higher percentage rate of interest authorized by California Civil CO` Section 1366 as modified from time to time by statute or judicial decision. _33_ f VII MANAGEMENT OF THE ASSOCIF.TION AD;D = PROJECT Section. 1. General Powers of the Association. All Powers relating to the management, operation and maintenance of the=roject and of the Common Area, as well as certain rights, duties and powers relating to the individual Condominiums, as hereinafter set forth, shall be vested -in the Association and in its Board of Directors. The specific and primary purposes and Powers of the Association and its Board of Directors are to Provide architectural control of the Property, manage and maintain the Project, and the Common Area, and to enforce the provisions of this Declaration and the Association's Articlez-and By-t=airs, and any other instruments relating to the management and control of the Association and the Property. The Association may do any and all other acts and things that a nonprofit corporation is empowered to do, which may be necessary, convenient, or desirable in the administration of its affairs for the specific and' primary Purposes of meeting the duties of the Association as set forth in this Declaration. The Association, through its Board of Directors, shall have the authority to delegate its powers to cc,Mm.._ttees, officers of the Association or its employees. Section ? Ccntracts of the Association. The Association shall have the right and power to empl•cy or engage a manager other er a agents � e:rplo:ees or =nts a:t _ .a contract for such services, labor and materials as it riay deem reasonably necessary to overate and ma:..tain. t.._ .-ro4=c Pr t�__- _ - • ". 6. ... Ccm:::.J . Area and the improvements thereon, and to discharge its other duties as herein provided. Any agreement for professional management of the Association or any contract providing for services by the Declarant must provide for termination of such contract or agreement by either party with or without cause or payment of a 9 termination fee on thirty (30) days or less written notice and for a maximum contract term not to exceed one (1) year. Section 3. General Duties of Association. In addition to the duties and powers enumerated in its Articles of Incorporation, and By -Laws, or elsewhere provided for herein, and without limiting the generality thereof, and subject to the limitations on the power of the Board as set forth in Sections 7 and 8 of this Article, the Association, acting through the Board ,hall: (a) Maintain and otherwise manage all of the ^fion Area and all facilities, improvements, and landscaping within the Project which are not part of the Unit or Exclusive Use Common Area. The responsibility of the Association to maintain all Common Areas within the Project shall commence on the date of the commencement of Regular Assessments; (b) Maintain and procure public liabili-y and fire insurance with extended coverage on the Project as required by terms Of '- the -s Declaration, and the Board shall also have the authority to maintain and procure any other type of insurance which the Board determines is in the best interest of the Association and its Members; Obtain, a .i^ ., for the_ benefit of the Association, all water, gas, and electric services and refuse collection, unless: such services are separately charged and me-•ered to the 1n,::71dual supers; (d) Pal taxes and asse become a ssments whit; are or could 1'• _ .. v.- a tie L^.m.^.,.... rrea, Or asoMe po_ _:on _ :ereo£; . (e) Prepare budgets and financial statements for the Association and its Members as prescribed in Article XVIII of this Declaration; (f) Initiate and execute disciplinary Proceedings against Members of the Association fZr violations of provisions of this ne,.l= _-rat:an -)r the P.ssoc_atior.'s Articles c` By -Laws in accordance with the procedures set forth in this Declaration; (g) Subject to approval by a majority vote of each class of Member, borrow money and incur indebtedness for the purposes of the Association and cause to be executed and delivered therefor, in the Association's name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges or other evidences of debt and security therefor; (h) Disclose information in accordance.with Section 11018.6 of the California Business and Professions Code. Section 4. Maintenance of Buildings and Common Area by the Association. The Association shall provide exterior maintenance of=each Condominium which is subject to assessment hereunder as follows: (a) The Association shall maintain and repair the exterior surfaces of all buildings in the Project (including garage doors if any), to•include the painting thereof, and maintain all landscaping in the Proje=t (excluding landscaping within the exclusive use commo^ area, if any, and/or any portion of a Unit), and maintain the Common Areas, including all private utilities.. The Association shall also be required to maintain and repair the exterior surfaces of all patio fences. _ r noes. (b) Su--'- exterior maintenan sh 11 ce a• not include: window glass, interior doors, including locks, latches, weather str_pY=ng and thresholds, inter_.,_ n;._1a ng surfaces stoppageof drains whe. attributable to a specific Unit, imD rovements within t.------ .,ct1:, azeas GL .^,a-1--ony area`., ..� a.^.V, a1r condi_ e `io:: rs or any repairs or replacements arising out 'of or caused by the willful or negligent act of the Owner, his family, guests, or invitees. Such excluded items shall be the responsibility of the Owner of each Condominium; provided, however, that if any Owner shall fail to maintain or make the repairs or replacements which -e the .E :capUnS1b111ty Of such Owner, a5 prC::dec ..- --c f upon vote of a majority of the Board of Directors, and after not less than thirty (30) days' notice to the Owner, the Association shall have the right (but not the obligation) to enter the Condominium and provide such maintenance or make such repairs or replacements, and the cost thereof shall be a Reimbursement Assessment chargeable to such Condominium and shall be payable to the Association by the Owner of a Condominium. Each Owner shall be obligated to repair and maintain the hot water heater, and forced air unit, if any, serving their Unit; but the Association shall be responsible for the repair and maintenance of the chutes, ducts or the like relating to either. Section S. Repair and Maintenance of the Units b Owners. Except to the extent that the Association is obligated herein to maintain a portion of a Unit, each Owner shall maintain, repair, replace and restore all portions of his Unit including, without limitation, all window glass, the interior walls, ceilings, windows, floors and doors in a clean, sanitary and attractive condition. Each Owner shall also be responsible for maintaining the interior air space of the Exclusive Use Common Area, as applicable. All such repairs and maintenance pursuant to this Section shall be subject to such rules therefor as the Association may from time to time establish. -o 5. t Secn a- Repair and Maintenance or Certair, ^- r�.rTwJ Areas by or zt the Expense of Owners. In the event the Board shall deter-:ne that the walls, `ceilings, floors, gi2s5 Cr doors ,orming the boundaries of a Unit have: -,been damaged from within the Unit, notwithstanding .h== such _... - -- :a may be to the Common Area, the Owner of the Unit shall be responsible for repairing such damage in a timely manner and in accordance with such rules as the Board shall from time to time adopt. In the event such repair is not so accomplished by the Owner, the Association or its delegates shall have the right at reasonable times to enter the Unit to effect such repair, and the cost thereof shall be charged to the II Owner of the Unit and, if not paid in a timely manner, shall be deemed a Reimbursement Assessment. Section 7. Additional Restrictions on Power of the Board. The Association shall be prohibited without the prior vote or written assent of a majority of the voting power of the Association, which shall include a majority of the votes residing in Members other than the Declarant, from doing any of the following: (i) incurring aggregate expenditures for capital improvements to any portion of'the Property in any fiscal year in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year; or (ii) selling during any fiscal year of the Association property of the Association having an aggregate fair market value greater than five percent (5%) of the budgeted gross expenses of the Association for the fiscal year; (iii) paying compensation to members of the Board or to officers of the Association for services performed in the conduct of .the Association's business; provided, however, that the Board may cause a member or officer to be reimbursed for expenses incurred in carrying on the business of the Association; or (iv) filling of a vacancy on'the Board created by the removal of a Board member. Section. a. Limitation -on Board Authoritv to Contract. The Board of Directors shall not enter into any contracts for goods or services with a duration greater than one (=) year without the vote or written consent of a majority of the voting power of the Association, which shall include a=majority-of the Grpt-- _---."'_ir.y In iiembers other than the ecl D grant with the following exceptions: (i) a management contract, the terms of which have been approved by the Federal Housing Administration or Veterans Administration; (ii) a contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission; provided, however, that ' ho , t z- CN of the contract shall not ex:ee;: =;^.e shortest term for which the supplier will contract at the regulated rate; (iii) prepaid casualty and/or liability insurance policies of not to exceed three (3) years duration, provided that the policy permits for. short rate cancellation by the insured; (iv) a lease agreement for laundry room fixtures and equipment of not to exceed five (5) years duration provided that the lessor under the agreement is not an entity in which Declarant has a direct or indirect ownership interest of ten percent (10%)_ or more; or (v) agreements for cable television services and equipment or satellite dish television services and equipment of not to exceed five (5) years duration provided that the supplier is not an entity in which the subdivider has a direct or indirect ownership interest of ten percent (10%) or more. Section 9. Maintenance of Public Utilities. Nothing contained herein shall require or obligate the Association to maintain, replace or restore the underground facilities of public Utilities which are located within easements in the Common Area owned by such public utilities. However, the Association -'shall take such steps as are necessary or convenient to ensure that such facilities are properly maintained, replaced or restored by such public utilities. Section 10. Rights of Er.try The Board of Directors shall have a limited right of entry in and upon the interior of all Unt its for the purpose of inspecting the Project, and taking whatever corrective actl0n may d_-- e d �-a necessary or proper by the Board of Directors, consistent wit h ,,he provisions of this _ Declaration. However, nothing.herein shall be --..- .rued to impose any obligation upon the Association to maintain or repair any property to be maintained or repaired by the Owner of any Unit. Nothing in this Article shall in any manner limit the right of the Owner to exclusive occupancy and control over the interior of his Unit. However, an Owner shall grant a right of entry to the Board of Directors or any other person author±tA3 b•• , :,..E board of Directors in case of any emergency originating in or threatening his Unit, whether the Owner is present or not. Furthermore, an Owner shall permit other Owners, or their representatives to enter his Unit for the purpose of performing required installations, alterations or repairs to the mechanical, plumbing or electrical services to a Unit, provided that such requests for entry are made in advance and that such entry is at a time reasonably convenient to the Owner whose Unit is to -be entered. In case of an emergency, such right of entry shall be immediate. Section 11. Association Rules. The Board shall also have the power to adopt, amend, and repeal such rules and regulations as it deems reasonable which may include the establishment_of a system of fines and penalties enforceable as a Reimbursement Assessment. The Association rules shall govern such matters in furtherance of the purposes of the Association, including, without limitation, the use of the Common Areas, provided, however, that the Association rules may not discriminate among Owners, and shall not be inconsistent with this Declaration, the Articles or By -Laws. A copy of the Association rules as they may from time to time be adopted, amended or repealed or a notice setting forth the adoption, amendment or repeal of specific portions of the Association rules shall be delivered to each Owner. The Association rules shall have the same force and ef:ec- as if they were set forth in and were part of this Declaration and shall be -n�_inc on the Ow ners and their successors in -interest whether or not actually received thereby. Section 12. Damaae by Owner or Tenant of an Owner to the Common Area or Other Units. In the .event the Board shall determine that a Unit Owner or tenant of a Unit Owner has caused damage to another Unit or to the Common Area by a negligent or willful act (or failure to act), the Owner or tenant causing such damage shall be responsible for the -cost of repairing such damage in accordance with such ru es as the Baar --- �.d shad fr^m time to time adopt. In the event such Owner or tenant fails to pay the cost of any necessary repair to the Unit or the Common Area so damaged, the Association shall charge the cost of such repair to the Owner or tenant who caused the damage and if not paid in a timely manner, such cost shall be deemed a Reimbursement Assessment. e VIII INSURANCE Section 1. Duty to Obtain Insurance• Types. The Board of Directors on behalf of the Association shall obtain and continue in effect adequate blanket public liability insurance with a limit of not less than One Million Dollars ($1,000,000) for claims for personal injury and/or property damage arising out of a single occurrence, and casualty insurance and fire insurance with extended coverage, in an amount equal to one hundred percent (100%) of the full insurable replacement cost of the Project, without deduction for depreciation. Such insurance shall be maintained by the Board of Directors for the benefit of the Association, the Owners, and Institutional Holders of Mortgages upon the Project or any part thereof as their interests may appear as named insureds, subject, however, to loss payment requirements as set forth herein. Each such policy shall contain a standard mortgagee clause which provides that any proceeds shall be paid to the Association for the use and benefit of mortgagees as their interest may appear. The policy of public liability insurance covering domino.^. Areas shall contain a "Severability of Interest" endorsement which shall preclude the insurer f e from denying the claim of any Owner because of negligent acts of the Association or other Owners. The Association shall maintain fidelity coverage against diahcnest orfraudulent h acts. on -the part Of directors, officers, managers, trustees, employees or volunteers -who handle c_ Who aLe _es^ nsible For handling funs belonging administered by the Association, and such fidelity coverage shall name the Association as obligee and beneficiary and shall be written in an amount equal to at least the estimated maximum of funds, including reserves, in the custody of the Association or a management agent at any given timeduringthe term of the fidelity bond. However, the icn! shall not be less than a sum equal to 0 three (3) months' aggregate assessments on all Units, plus reserve funds. The bond shall cover persons serving without compensation by endorsement to the policy if not otherwise covered under the Policy. The Board of Directors may purchase such other insurance as it may deem necessary, including but not limited to, plate glass insurance, medical payments, malicious mischief and vandalism insurance and workmen's compensation, and directors and officer's liability. Section 2. Soecial Flood Hazard Insurance. I£ the Project is in an area identified by the Secretary of Housing and -J!:ban Development as having special flood hazards, a "blanket" Policy of flood insurance must be maintained on the Project in the amount of the aggregate of the outstanding principal balances of the first Mortgages on the Units, or the maximum limit of coverage available under the National Flood Insurance Act of 1968, as' amended, whichever is less. Section 3. Waiver of Claims A4a ns" Association. As to each policy of insurance maintained by the Board of Directors, the Owners hereby waive and release all claims against the Association, the Board of Directors and Declarant, only to the extent of the insurance proceeds available to the Owners, whether or not the insurable damage or i:.j.ury is caused by the negligence of or breach of any agreement by said persons. Section t.Individual Fire _insurance Prohibited and Rights and Dutv of Unit Owner to inau-•e _ Except as expressly provided in this Section of this Article to the contrary, no Owner separate ors a his Cc will lY '�r ndo:-_.._um or any part thereof against loss by fire or other casualty covered by any insurance carried by the Association. Each Owner shall provide insurance on his personal property and upon all other property and improvements within his Unit, but not including the Unit. Nothing herein shall preclude any Owner from carrying any public liability insurance as he may deem des:: a_e to cover his individual liability for damage to person or property occurring inside his individual Unit or elsewhere upon the Project. All such other policies as may be carried by Owners shall contain waivers of subrogation of claims against Declarant, the Association, the Board of Directors of the Association, the officers of the Association and all other Owners. Such other policies shall not adversely affect or diminish any liability under.an.y.insurance obtained by the Association, and duplicate copies of such other policies shall be deposited with "he Board of Directors. If any loss intended to be covered by insurance carried by the Association shall occur and the proceeds ,,able thereunder shall be reduced by reason of insurance carried by Owner, such Owner shall assign the proceeds of such insurance carried by him,to the Association, to the extent of such reduction, for application by the Board of Directors to the same purposes as the reduced proceeds are to be applied. Section S. Notice of Expiration Requirements. All of the policies of insurance described herein shall contain a Provision that said policy or policies shall not be canceled or terminated, or expire by their•terms, without thirty (30) days' Prior written notice to the Board of Directors, Declarant if an Owner, Owners and their respective Institutional holders of Mortgages (provided that such Owners or Institutional :folders of Mortgages have filed written requests with the carrier for such notice) and every other person in interest who shall have re_nested such notice of the insurer. Section 6. Insurance Premiums. Insurance premiums for z =_ch .'-,_a.nkat i:isuLance cov erage obtained by the Association and any other insurance deemed necessary by the Board of Directors shall be a common expense to be included in the Regular Assessments levied by the Association, collected from the Owners; and the proportion of such payments necessary for the required insurance premiums shall Ife used solely for the payment cf premiul-I's of required insurance as such premiums become due. Section 7. Trustee for Policies. The Association, acting through its Board of Directors, is hereby appointed and shall be deemed trustee of the interests of all named insureds under policies of insurance purchased and maintained by the Association. All insurance proceeds under any such policies as provided for in Section 1 of this Article shall be paid to the Board of Directors as Trustees. The Board of Directors shall have full power to receive and to receipt for the proceeds and to deal �*"AW.rewith as provided herein. Insurance proceeds shall be used by the Association for the repair or replacement of the property for .a:nich the insurance was carried or otherwise disposed of as provided in this Declaration. The Board of Directors is hereby granted the authority to negotiate loss settlements with'the appropriate insurance carriers, with participation by Institu- tional :solders of Mortgages who have filed written requests under Section 4 of this Article to the extent they desire. Any two Directors of the Association may sign a loss claim form and - release form in connection with the settlement of a loss claim, and such signatures shall be binding on all the named insureds. Section 8. Actions as Trustee. Except as otherwise specifically provided in this Declaration, the Board of Directors, acting on behalf of the Association and all Owners, shall have the exclusive right to bind such parties in respect to all matters affecting insurance carried by the Association, the settlement of a loss claim, and the surrender, cancellation, and modification of all such insurance, in a manner satisfactory to seventy-five percent l'S;;} or the _^sts __t_cnal Holders of Mortgages U: 4 -s who have filed requests under Section 4*of this Article to the extent such Institutional Holders of Mortgages desire to participate. Duplicate originals or certificates of all policies of fire and casualty insurance carried by the Association and of all renewals thereof, together witl proof of payment of premiums, shall be delivered by the Association to all Institutional Holders of Mortgages who have requested the same in writing. Section 9. Annual Insurance Review. The Board of Directors shall review the insurance carried by the Association at least annually, for the purpose of determining the amount of the casualty and fire insurance referred to in Section 1 above. The Board of Directors shall obtain a current appraisal of the full replacement value of the buildings and improvements in the °roject, except for foundations and footings and masonry walls, without deduction for depreciation, by a qualified independent nsurance appraiser, prior to each such annual review. Section 10. Required Waiver. All polici-es of hazard and physical damage insurance shall provide, but only if avallable at a reasonable cost to the Association as determined by the Board, for waiver of. the following rights, to the extent that the respective insurers would have the rights without such waivers: (a) Any defense based on co-insurance; (b) Any right of set-off, counterclaim, apportion- ment, proration or contribution by reason of other insurance not carried by the Association; (c) Any in -Validity, other adverse effect or defense on account of any breach of warranty or condition caused by the Association, any Owner or any tenant - any Owner, or arising from any act, neglect, or omission of any named insured, Cr t..E respe_t;Ve agents, cCntractcrs and empl oyees of any insured; (d) Any ric of the Insurer to ra-ai,, reb -id or replace, and, in the evert the building'is not repaired, rebuilt or replaced following loss, any right to pay under the insurance an amount less than the replacement value of the improvements insured or the fair market value thereof; (e) Notice of the assignment of any Owner of its interest in the insurance by virtue of a conveyance of any Unit; and (f) Any right to require any assignment of any mortgage to the insurer. 3 IX PLR:"":ON An action may be brought by one or more Owners of the Condominiums for partition of said Project by sale of the entire Project, as if the Owners of all of the Condominiums in such Project were tenants -in -common in the entire Project in the same proportion as their interests in the Common Area; provided, i,owever, that a%partition shall be made only upon the showing of the occurrence of any one of the events provided in Section 1359 the California Civil Code, as the same may be modified, amended or superseded. Nothing herein contained shall prevent the partition or division of interests between joint or common Owners of one Condominium. Notwithstanding anything to the contrary contained in this Declaration, no Unit in the Project may be Partitioned or subdivided without the prior written approval of the Institutional Folder: of the First Mortgage on such Unit. 5 t X PRO??IBITIOU F.CAINST SEVERABILITY OF COMPONENT INTEREST IN CONDOMINIUM No Owner shall be entitled to sever his Unit from his equal undivided interest in the Common Area, nor shall the respective undivided interests established znd-to b'e conveyed with each respective Unit be changed. The equal undivided interest or %nterests in the Common Area and the fee title to the respective Units conveyed therewith, together with any exclusive easements ;::purtenant to each Unit shall not be separated, severed or separately conveyed, encumbered or otherwise transferred, and each such equal undivided interest in the Common Area shall conclu- sively be deemed to be conveyed, transferred or encumbered with its respective Unit even though the description in the instrument of conveyance or encumbrance may refer only to the Unit. It is intended hereby to restrict severability of the various components of a Condominium in the manner provided by Section :259 of the California Civil Code. Nothing herein contained shall be construed to preclude an Owner of any Unit from creating a co- tenancy in the ownership of a Unit with any other person or persons. 0 XI RIOTT OF OWNERS OF CONDOMINIUMS TO MAKE IMPROVEMENTS (California Civil Code Section 1360) Subject to the provisions of this Declaration, the rules and regulations of the Association, and other provisions of applicable law, if the boundaries of the Condominium are contain- d within a building, the Owner of a Unit, shall be entitled to do the :'ollowing: 40 (a) Make any improvements or alterations within the roundaries of their Unit that do not impair the structural integrity or mechanical systems of the Unit, or lessen the support of any portions of the Common Area. (b) Modify a Unit in the Project, at the Owner's expense, to facilitate access for persons who are blind, visually handicapped, deaf or physically disabled, or to alter conditions which could be hazardous to these persons. These modificatio:s may also include modifications of the route from the public way to the door of the Unit for the purpose of this Article if the Unit is on the Ground floor or already accessible by an existing ramp or•ele:•ator. The rights gra:.ted by this Article are subject to the following conditions: (i) the modifications shall be consistent with amnlicabl Building e 3u ld ng Code recuirements; (ii) the modifications shall be consistent with the intent of otherwise a=Z i cable ro--4 v o t^.i si ns : :. s Declara_^ _o.^. pert-a_..irg to safety or the aesthetic integrity of the Project; (iii) modifications which: are ex`er--=- t= t. a v:.i 521a11 not p_ +-e••e reasonable passage by other residents, and shall be removed by the Owner when the Unit is no longer occupied by persons requiring those modifications who are blind, visually handicapped, deaf or physically disabled; (iv) any Owner who intends to modify a Unit pursuant to this Article shall submit their plans and specifications to the Board of the O=i---c:c ceteri.;ine whether t*ie modifications will d comply with the provisions of this Article. :he Association shall not deny approval of the proposed modifications under this paragraph without good cause; and (v) any change in the exterior appearance of a Unit shall be in accordance with the provisions of this Declaration and all applicable provisions of Law. -: 1- XII ARCHITECTURAL CONTROL Section 1. Architectural Approval. No exterior improvement or other structure shall be commenced, erected, altered or maintained upon the Project (except for all original improvements constructed within -the Project by Declarant) nor shall any exterior addition to or change or alteration to any Unit or patio or balcony area be made, nor shall any change in original exterior color and/or any structure be made until the plans and specifications showing the nature, kind, shape, height, materials and locations of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to the existing design of the Project by the Board of Directors of the Association. In the event the Board fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required, and this Article will be deemed to have been fully complied with. Section 2. Nonliability for Approval of Plans. Plans and specifications are not approved for engineering design, and by approving such plans and specifications, the Board does not assume any liability or responsibility therefor, or for any defect in any structure constructed from such plans and specifications. Section 3. -Nonapplicab Mty to Declarant. The provisions of this Article shall not apply to any portion of the Property owned by Declarant prior to the construction on such Property by Declarant of a residential dwelling unit or prior to the conveyance of such Unit by Declarant to a member of the Public. -52- XIII RIGHTS OF INSTITUTIONAL HOLDERS OF MORTGAGES Notwithstanding any provisions to the contrary as may be provided elsewhere in this Declaration, Institutional Holders of Mortgages shall have the following rights: . Section 1. Notice to institutional Holders of Default. Any Institutional Holder of any Mortgage on a Condominium shall be entitled to receive upon delivery,of written request to the Association written notification from the Association of any default by the Owner of such Condominium in the Performance of such Owner's assessments, charges or other obligations under this Declaration or the Association's By -Laws which are not cured within sixty (60) days from the date of such default. Section 2. Assessments on Foreclosure. Any Institu- tional Holder of any first Mortgage which comes into possession of any Condominium pursuant to the remedies provided in the Mortgage, or through foreclosure of the Mortgage, shall take title to such Condominium free of any claims for unpaid assessments or charges against such Condominium which accrued prior to the time the Institutional Holder of such Mortgage acquired title to the Co- dom:rium. Section 3. Required Consent of Owners. Unless at least two thirds (2/3) of the Owners (other than Declarant) have given their prior written approval, the Association and the Owners' !:a antitled to: (a) Change the prorata interest or obligations of any Condominium for the purposes of levying assessments and charges or allocating distributions of hazard insurance proceeds or condemnation awards, or determining the prorata share of ownership of each Unit in the Common Area; -53- (b) Partition or subdivide any Condominium or the Common Areas of the Project; (c) By act or omission seek to abandon or terminate the Condominium status of the Project, except for abandonment or termination provided by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (d) By act or Omission, seek to abandon, partition, -1bdivide, encumber, sell or transfer the Common Areas of the Project. The granting of easements for public utilities or for :,Offer public purposes consistent with the intended use of the Common Areas of the Project shall not be deemed a transfer within the meaning of this provision; (e) Use hazard insurance proceeds for losses to any portion of the Project (whether to Units or to Common Areas) for other than the repair, replacement or reconstruction of such improvements, except as provided by statute in case of substantial loss to the Units and/or Common Areas Of the Project; Section a Additional Rights of InsLLItutional Holders. Any institutional Holder Of a Mortgage on a Unit in the Project will, upon request, be entitled to: (a) inspect the books and records of the Association during normal business hours; and -') r<-:r.A 2_ an annual audited financial statement c�2ment Of the Association within ninety (90) days following the'end of any scal year of the Association; Provided, however, that such audited statements shall be made available only if they have been . =f —e : ssocia:: n in the regular . _o ^e ar cc•,:_ se of bus_ness; and (c) written notice of all meetings of Owners Of the Association and be permitted to designate a representative to attend all such meetings. Section 5. Right of First Refusal. Any institu- tional Holder of a Mortgage who comes into possession of a Unit .-.....znt to the remedies provided in such Mortgage, or foreclosure of the Mortgage, or deed (assignment) in lieu of foreclosure, shall be exempt from any right of first refusal, and any rig::, of first refusal shall not impair the rights of an Institutional Bolder to: (a) Foreclose or take title to a Unit pursuant to the remedies provided in the Mortgage, or (b) Accept a deed (or assignment) in lieu of foreclosure in the event of default by.the Trustor of the !,)rtgage, or (c) Sell or lease a Unit acquired by the Institu- :.;anal Holder. Section 6 Priority on Distribution of Proceeds. No Owner o1 any other party shall have priority over any rights of Institutional Holders of Mortgages on individual Condominiums pursuant to their Mortgages in the case of a distribution to Condominium Owners of insurance proceeds or condemnation awards for losses to or a taking of the Uni`."s and/or Common Areas. Section ? Insurance. The Owners and the Association shall procure and maintain fire and liability insurance and such other insurance as may from time to time be required by Institutional Holders of first Mortgages on t. Can✓. �..` ti ' Wit o,._..iums w� hin ne Project. All such insurance shall contain lOss payable clauses naming t o institutional Holders wiich encumber a Condominium by a first N,crtcace, as their interests may a -pear. - Section 8. Notice of Condemnation and Destruction.. =on shal_ _ro.ide to a__ Ins,__ tnal :c'_ders Of Mortgages who have requested it written notice of any condemnation proceedings affecting the Project. The Association shall also provide to all Institutional :solders of Mortgages who have requested it written notice of substantial damage to or destruction of any Unit or any portion of the Common Area of the Froject. J Section 9. Notice of Loss or Condemnation to FHLMC. :he Association agrees to give written notice to the Federal Home Loan Mortgage Corporation ("FHLMC") or its designated representa- tive of any loss to, or taking of, the Common Area of the Project if such loss or taking exceeds $10,000.00 or damage to a Unit covered by a first Mortgage purchased in whole or in part by the FHLMC exceeds $1,000.00. Section 10. No Obligation to Cure Default. Any ;stitutional Holder of a Mortgage who acquires title by foreclosure or deed in lieu of foreclosure shall not be obligated cure any breach of this Declaration which is noncurable or of a type which is not practical or feasible to cure. Section 11. Information. Any Institutional*Holder of a Mortgage is authorized to furnish information to the Board of Directors concerning the status of any loan encumbering a Condominium. Section 12. Priority of MOrtaaae Lien. No b ' Priority - - reach of the covenants, conditions or restrictions contained in this Declaration, nor the enforcement of any lien provisions created herein, shall affect, impair, defeat'or render invalid the lien of any first N.ortgage or first deed of trust made In good faith and for va_.'e, but all of said covenan-zs, conditions and restrictions Shall be .,ind inc ,:po.^. and =_:fecti✓e against Our Ownerwhose title `1 e is derived through foreclosure or trustee's sale, or otherwise, respect to a Condominium. Section 23. '-?LMC lnsurznce Re= re If _:, eI. �ec,.red y a !:.._tCag�• 8::::.^.._e_.'.n� a CO.^.__...-.._..... ].S O'nre.^. n.r S the Federal Home Loan Mortgage Corporation ("FHLMC") Cr its successors or assigns or is tendered to FHLMC or its successors or assigns for purchase, the Association and the Owners shall obtain and maintain in full force and effect all insurance coverages which may at any time and from time to time be required by FiiLMC or -ts successors or assigns and shall otherwise comply in all respects with all insurance requirements of Fur which may be in effect at any time and from time to time. Section 14. Priority of this Article. If there is any conflict between any provision of this Article and any other Provision in this Declaration, the provisions contained in this Article shall control. i XIv ENFCRCENENT of BONDED OBLIGATIONS In the event that the improvements to the Common Area of the Project have not been completed prior to the issuance of a Final Subdivisi=n Public Report covering such tract by the Department of Real Estate of the State of California, and the Association is obligee under a bond or,other arrangement (hereinafter -the "Bond") to secure performance of the commitment of Declarant to complete such improvements, the following .ovisions shall apply: (a) The Board shall consider and vote on the question of action by the Association to enforce the obligations under the Bond with respect to any improvements for which a Notice Of Completion has not been filed within sixty (60) days after the completion date specified for such improveme'-t in the Planned Construction Statement appended to the Bond. If th e ,.e Association has given an extension in writing for the completion of any Common Area improvement, the Bcard shall consider and vote or. the aforesaid question if a Notice of Completion has not been filed within thirty (30) days after the expiration Of such extension.. (b) In the event =hat the e Board deter,:._nes not to =nzt_ate action to enforce the Obligations u:d_r = e `.Bond, or _.. the event the Ecard fails to consider and vote On suCh questior. as -...idea above, the ..card s* all cal'_ � = a p�-_-_ r..=_=t_rg of the Members for the purpose of voting to:override such decisiOr. or suem. fad_ e - -- 4• _ = - -- -� ��_ .,} -.._ _.,_rc. Such meet_ _ : al_ be called according to the provisions of the By -Laws dealing with meetings of the Members, but in any event such meeting shall be held not less than thirty-five (35) days nor more than forty-five (45) days Y after receipt by the Board of a petition for such meeting, signed by Members representing five Dercenit (5„) or more of the total vnr+ -- • of _�:,ar.ssoc.at_on. i (c) The only Members entitled to vote at such meeting shall be the Owners other than Declarant. A vote at such meeting of a majority of the voting power of such Members, other than Declarant, to take action to enforce the obligations under the Bond shall be deemed to be the decision of the Association and the Board shall thereafter implement such decision by initiating and pursuing appropriate action in the name of the Association. -59- t Xv DES_RUCTi0N OF 'MPROVE?'MM; Section 1. Restoration of Project. Except as otherwise provided in this Declaration, in the event of any destruction of a:y portion of the Project, it shall be the duty of the Association to restore and repair the sar„e to its former condition, as promptly as practical. The proceeds of any insurance maintained pursuant to this Declaration shall be used for such purpose, unless otherwise provided herein. The Board of Directors shall be authorized to have prepared the necessary documents to effect such reconstruction as promptly as practical. The Project shall be reconstructed or rebuil, substantially in accordance with the Condominium Plan and the original construction plans if they are available, unless changes recommended by the Board have been approved in writing by seventy-five percent (75%) of the voting power of the Association. in the event that the amount available -from the proceeds of such insurance policies for such restoration and repair shall be at leas` eighty-five percent (85%) of the esti.I.ated cost of restoration and repair, a Reconstruction Assessment of the Owners may be'levied by the Board of Directors to provide the necessary funds for such reconstruction, over and above the amount of any insurance Proceeds available for such purpose. The Owner of each Unit shall be :ev:ea a Percentage of .:e RecOnEz t sse roc ion. h ss-ea open the basis of the ratio of the square..footage of the floor area.of _ ri .- _ t., b2 caoe�"eC t0 the total sC"are LQOtaO_ � " e of _ con area of all Units to be assessed. in the event that the amount available from the proceeds of such insurance policies for such restoration and repair shall be less than eighty-five percent (85) of the estimated cost of restoration and repair, the Owners entitled to vote, in person or by 2_roxy, at a duly constituted ...ect of the .^.: r f `h A .. __ :g i:e oe o the ssociat_,e.n. shall.; by _.:e :,c:e of i .• r not less than seventy-five percent (75g;) of the total voting power of the Association, together with the approval Of seventy-fi•✓e percent (750;) of the Institutional Holders of first Mortgages upon Units in the Project, determine whether the Association shall be authorized not to proceed with such restoration and repair. In the event of a determination by the Owners and the Institutional Holders of Mortgages as provided above that the cost of such restoration and repair would be substantial and that it would not .r, in their best interests to proceed with the same, the Owners may, at their discretion, proceed as provided in Section 2 below. Section 2. Sale of Proiect. A certificate of the resolution authorizing such reconstruction shall be filed with the County Recorder within six (6) months from the date of such destruction and in the event of a failure to record such certificate within said period, it shall be conclusively presumed that the Owners have determined not to rebuild said improvements. The net proceeds, if any, of insurance carried by the Association on the Project shall be distributed among the Owners and the individual lenders by the Board as their respective interest may appear; provided that the balance then due on any valid encumbrance of record shall be first paid in order of priority, before the distribution Of any proceeds tC an Owner whose Unit -g so encumbered. The Proportionate :ate interest .._rest of the Owners Of ...:: respective Condominiums sharing In any such award, Shall be based uPOn _.e _e-pecr_'1e fair market value t at eac- Of the Condominiums bears to the total fair market t o` value all f he - - o �n the __Oj-'et s:ari^C in the dis___....t on. proportionate value of the Owners of the respective Condominiums for purposes of this Section shall be based upon the respective fair market value of each Unit at the time of destruction as determined by the Board based on an appraisal prepared by an appraiser who is a M.A.I. member Of the American. Institute of Real Estate Appraisers. Section 3. Right to Partition. NO Owner shall have the right to partition of his interest in his Unit and there shall be no judicial partition of the Project, or any part thereof; except that in the event that a certificate of a resolution to rebuild or restore has not been recorded as provided above, within six (6) months from the date of any partial or total destruction, or if resto-ration'has not actually commenced within said period, .hen conditions for partition as set forth in Secti-on 1359 of the ralifornia Civil Code shall be deemed to have been satisfied. Nothing herein shall be deemed to prevent the partition of a co- :fancy in any Unit. Except as provided above, each Owner and the successors of each Owner, whether by deed, gift, devise, or by opeiation of faw, for their own benefit and for the Units and for the benefit of all other Owners, specifically waive and abandon all rights, interests and causes of action for a judicial partition of the tenancy in common ownership of the Project and do further covenant that no action for such judicial partition shall be instituted, prosecuted or reduced to judgment. Section g Interior Damage. Restoration, and repair of any damage to the interior of any individual Unit, including without limitation all fixtures, cabinets and improvements therein, together - -.., loge er with resloraticn-and repair of all _..ter= cr pain.., wall coverings and floor coverings, shbe made by and at the individual expense of each Owner of the Unit so damaged. in the e'en-- of a deter.m_n_--io_n to rebu__he r_=)ect after part_• al or total destruction, as provided in' -this Article, such interior 'P'1_ r _..d _ .. a. _. _.. _ :_..:.L al.l J:1 �I:ar_ be cOi-- C etea _1 a -•• as praCt_Cal and in a lawful and workmanlike manner, in accordance with plans approved by the Board as provided herein. Section S. Notice to Unit Owners and institutional Holders of Mortgages. The Board of Directors, immediately upon having knowledge of any damage or destruction to the Project, the U"_4 t, -, ...E C vlfJ!i0I1 Areas, Cr an-.' pOrl-on therecf, z' - notify all affected Owners, all affected Institutional Holders of M,ortoagas on Units in the Project, and all other affected mortgagees who have filed a written request for such notice with the Board of Directors. In the event of a dete=:nation to rebuild the Project after partial or total destruction as provided in this Article, the number of Units in the Project as rehuilt may not exceed the number of Units as shown on the Condominium Plan. Section 6. Amendment of Condominium Plan. In the 40 vent that reconstruction is to take place pursuant to this Article, the Board shall have the power to record an amendment to .he Condominium Plan so that the Units conform to the Units as designed to be reconstructed; provided, however, the Board shall not file an amendment to the Condominium Plan without the prior authorization of the Institutional Holder of a Mortgage encumbering any Unit, the plan of which shall be altered by such amendment. In the event that the Board, together with said mortgagees, if appropriate, decide to record such amendment to the Condominium Plan, all Owners within the Project and the Institutional Holders of r{ortcages in the Project shalt. execute and acknowledge said amendment so that it will comply with Section 1351 of the California rnia Civil Code or any similar statute then in effect. The Owners a^.d lnst_tutio_lal Holders Of Mort —ages 1 s ha1 -'so execute sucht other documents or take su,,.-: ot:,er actio ns :s as required to make such amendment effective. XVI EFINENT DOMAIN Section 1. Definition of Taking. The term "taking" as used in this Article shall mean condemnation by eminent domain, or by sale under threat thereof, Of all or part of the Pro)ect. Section 2. Representation by Board in Condemnation ?roceedina. In the event of a taking,, the. Board shall, subject to "he right of all Institutional Holders Of Mortgages who have requested the right to join the Board in the proceedings, .apresent all of the Members in an action to recover all awards. No'Member shall challenge the good faith exercise of the discretion of -the Board in fulfilling its duties under this Article. The Board is further empowered, subject to the limitations herein, as the sole representative of the Members, in all aspects of condemnation proceedings not specifically covered herein. Section 3. Award for Condominium. In the event of a taking Of Condominiums, the Board shall distribute the award forthcoming from the taking authority according to the provisions of this Section after deducting therefrom fees and expenses related to the condemnation proceeding including, without '_..._=anon, fees for att ^ Or. eys and appraisers and court costs. In the event that the taking is by judgment of condemnation and said judgment t apper icrs the award among the owners and their respective Institutional :folders of Mortgages, the Board shall .. _ r a�11V 4l11 _� ^� _.._ _ after such ded:,,.,._o.^.s among such Owners and Institutional Holders Of Mortgages on the allocation basis set forth in such judgment. In the evert that the taking is by sale under threat of condemnation, or if the judgment of condemnation fails to apportion the award, the Board shall distribute the award among the Owners based upon the proportionate Value tnat each of the om_,* ^d dears to the total c fair market value of all of the Condominiums in the Project. The value of the respective Condominiums for purposes of this Section shall be based upon the relative estimated value of each Unit as determined by the Board based on an appraisal prepared by an appraiser who is a M.A.I. member of the American Institute of Real Estate Appraisers, Nothing contained herein shall entitle an Owner to priority over Institutional holders of the Mortgage on his �,')ndominium as to the portion of the condemnation award allocated to his Condominium. In no event shall any portion of -such award be distributed by the Board to an Owner and/or the Institutional 'gilder of a Mortgage on his Condominium in a total amount greater than the portion allocated hereunder to such Condominium. Section 4. Inverse Condemnation. The Board is authorized to bring an action in inverse condemnation. In such evert, the provisions of this Article shall apply with equal force. seczicAn 5. Revival.of Ric' to pari On Upon a taki 9 which renders more ..aan fifty percent (50/o°') of the Condominiums in any Project incapable of being restored to at least ninety-five percent (9501) of their floor area and su!;stantially their condition prior to the taken^, the _gat _ of �� any Owner within such ?roje•Ct to part -lion through legal action as descr_rea in the Article hereof ent---ed ":c_ pion" shall for..h;, The de _ :t reViVe. ter^'.natiOn a5 t0 whether Condomini L'-,i5 partia l_ taken are capable of beir_ so restored shall 5e made by the Board, whose decision shall be f_-na_ and binding on all Owners ••- ::..��....t i'or a: .^.Ulcers of :`:0r=c ::= , Section 6. Awards for Members' Personal Property and Relocation Allowances. Where all or part of the Property is taken, each Member shall have the exclusive right to claim all of the award made for his personal property, and any relocation, moving expense, or other allowance -of a similar nature designed to facilitate relocation. :':o- t s- -- "'^i-a^=-.... -=.= fCregOlIlg prOviSiOrS, the Board shall represent each Member in an action to recover all awards with respect to such portior, if any, of Members' personal property as is at the time of any taking, as a matter of law, part of the real estate comprisin any .,, 9 Condomi.._um, and shall allocate to such Member so much of any awards as is attributable in the taking proceedings, or failing such attribution, attributable b _ y the Board to such portion of Members' personal property. Section 7. Notice to Members. The • h Board, Immediately upgn having knowledge of an taking o_ threat y thereof With respect to the Property, or any portion thereof, shall nrOmptly notify all Members. Section B. Chance of Condominium interest. In the event of a taking, the Board may amend the Condominium Plan to reflect the change in the Project affected by a taking. In the event that the Board decides to record such amendment to the Condominium Plan, all Owners within such Project or Projects and :.he record holders o. r :i security cu_ ty interests in such Project or PrOjec=s shall- exeC;te and acknowledge said amendment so that it w::1 ccmp:Y with Section 1351 of the California Civil Code or any similar statute then in effect. Said Owners and Institutional :solders of Mortgages shall also execute such other documents or take`--•. Other actions as required to make such amendment effect_:e. The Board s' „ ;acause z notice of =n - he Condcminiur.• Plan to be sent to each Owner and Insti tutional i t,:tionz. :folder ;=__ within ten (110) days of the such a.uEad.^.,ents Sn t!'ieFCOunty Recorder's Office of O_ n - Of . _.z ce Ccunty_, California. i XVII EASEi".ENTS Section 1 Utility Easements. Easements Over the Project for the installation and maintenance of electric, telephone, water, gas and sanitary sewer lines and facilities, and for drainage facilities as shown on the recorded :nap of the roperty, and as may be hereafter recurred or needed to service `he Project are hereby created by Declarant for the benefit of each Owner and the Association. Section 2. Encroachment Easement. The Declarant, its successors and assigns, and all future Owners of Condominiums, by acceptance of their respective deeds, covenant and agree as follows: (a) If any portion of the Common Area encroaches upon the Units, a valid easement into the Unit in order to accommodate the encroac-Meat and for the maintenance of same, so long as it stands, shall and does exist. in the event a Unit is partially or totally destroyed, and then rebuilt, the Owners of Units agree that minor encroachments of parts of the Unit. _ - ' ..^.t0 the Corm.on'Area due to construction shall be permit`..eo and that valid easements for said encroachme nt and the maintenance thereof ..a E snaSi exist. (b) The Common Area and each Unit -are and shall always be subject to e en=s s fc_ mi^. a e.;�_.._ or encroachments : _ ach.;��: e _ ereon of the Unit or the Common Area as a result of construction, recor.- __ ..-a..:, �_✓c-_.., ....aaa_.g, Set.. emen.. `?r mc�eaer o portion of the Project, and a valid easement for the encroachment and for the maintenance of the same shall exist so long as the encroachment exists. Section 3. Common Area Easements. Each Unit within the Property subject to this Declaration is hereby declared to hz'-c an easement Oyer al_ - - _ _ _ ._ CG,;,In0:7 Area, for the benefit of 0 the Units, the Owners of the Units, and each of them, and for their respective families, guests, invitees, tenants and contract purchasers, for all of the purposes and uses hereinabove set forth, and without limiting the generality of the foregoing, for ingress and egress over and through the Common Area. Section 4. Utilities. Wherever sewer connections, water connections, electricity, gas, telephone and cable television lines or drainage facilities are installed within the PrOperty, the Owners Of Units serves by such connections, lines or facilities shall have an easement to the full extent necessary for !-"a full use and enjoyment of such portion of such connections which service his Unit, and to enter upon the Units owned by others, or to have utility companies enter upon the Units owned by others, in or upon which said connections, lines or facilities, or any portion thereof lie, to repair, replace and generally � main- ..a'r ... said connections as and when the same may be necessary as set forth below, provided that such Owner or utility company shalt promptly repair any -a -lace tO a Unit caused by such e ..._,. ntr y as promptly as possible after completion of work thereon. Section S. Construction. and Sales Easements. There is hereby reserved to Declarant, together with the right t grant g_ a.... and transfer the same to Declarar._ s sales agents and _ ;.,_ s_. a- "e-rE o^t .ives and prospective pu h s . rC a5ErO�- J...-t5, over the �rOjeC,. as the same may from time to time ex4 st, easements for construct*OII, ,44 ,•••-. _a,, ma_nZanance, sale: and 1• use of any Unit owned by Declarant as -.,a sales office) _in connec- tion wit: the erection-- e __- - --- �- :a=-- o_ Units w_ _.._.. t: e PrOJect; provided, however, that no such use by Declarant and others shall OthErwise restrict the Members in the reasonable use and enjoyment of the Project. Section 6. Establishment of Easements. Each of the easements provided for in this Declaration shall be deemed to be established ±-o^ t!c:cation O this Declaration, and shall i thenceforth be deemed to be covenants running with the land for the use and benefit of all of the Units and the Common Area, as the case may be, superior to all other encumbrances applied against or in favor of any portion of the Property which is the subject of this Declaration. In furtherance of the easements Provided for in this Declaration, the individual deeds to Units may, but shall not be required to, set forth said easements. Section 7. Air Conditioning Easements. All air nonditioning units installed by an Owner within the Project adjacent to a Unit shall be the property of the Owner. An ^asement over the Common Area is hereby created where the air conditioning unit is installed outside the Condominium Unit. Each Owner shall bear full responsibility for the cost of maintaining his air conditioning unit. Xviii COMPLIANCE WIT:' C*•%: CODE SECTiO '65 1365 _ �...._ l., and .5 Section 1. Budgets and Financial Statements. The Board of Directors of the Association shall have the below described financial information of the Association regularly prepared and distributed to all Members of the Association as ovided herein regardless of the number of Members or the amount •17 assets of the Association: (a) A pro forma operating budget for each fiscal :ar of the Association which shall include at least the following information shall be distributed no more than sixty (60) days and not less than forty-five (45) days prior to the beginning of the fiscal year of the Association: accrual basis; (i) Estimated revenue and expenses on an he amount of the total cash reserves of the Association currently available for replacement or major repair of Com-on Area facilities and for contingencies; (iii) An itemized estimate of the remaining _.fe of, and the methods of funding to defray repair, replacement or additions to major components of ..ae Common Areas and facilities for which the Association is res ^sib pc.. _�_e; and (iv) A general statement setting fort.. the procedures used by the Scand in the calculation and establishment of reserves to defray the costs of repair, replacement or --_ _..:.- tv r"ajC'_ C'J7.'._ .^.enzz Of the Cor-mion ..re - _ j aS a.^... �c^. ..i e£ for which the Association is responsible. (b) A balance sheet - as of a designated accounting date which shall be the last day of the month closest in time to six (6) months from the date of closing of escrow rearesenting the first sale of a Unit in the Property - and an �LGt •. .• period emen- �^r ther_ rom the sate of the first closing to the designated accounting date, shall be distributed to each Member within sixty (60) days after the designated accounting date. This operating statement shall include a schedule of assessments received and receivable identified by the Unit within the Property and the name of the person or entity assessed therefor. (c) An annual report which shall consist of at !east the following shall be distributed within one hundred twenty 120) days after the close of the fiscal year of the Association: J.scal year; fiscal year; (i) A balance sheet as of the end of the An operating (income) statement for the (iii) A statement of changes in financial position for the fiscal year; and (iv) For any fiscal year in which the gross income of the Association exceeds Seventy -Five Thousand Dollars ($75,000.00), a ccpy of the review of the annual report prepared in accordance with generally accepted accounting principles by a licensee of the California State Board of Accountancy. Such financial report shall include any information required to be reported under Section 8322 of the California Corporations Code. Section 2. Cer-_`loaf of ReD4Drt. If the r=Wort referred to in subsection (c) above is not prepared by an indepen- dent accountant, Shall' be _ 't a acco pa^iedi by t:,e certificate of an authorized officer of the Associatioh that the statement was p:=pared the mocks and records c= the Association without independent audit or review. Section 3. Policies or. Remedies. In addition to financial statements, the Board of Directors shall annually distribute within sixty (60) days prior to the beginning of t..e fiscal year of the Association a statement of the Association's L,c_:c:es ant ,racti..es in enforcing its lien rights and other FA legal remedies against Members for defaults in the payment of regular and Special Assessments including the recording and foreclosing of liens against Members' Units. Section 4. Fiscal Duties of Board. (a) Unless more stringent standards are imposed under this Declaration or the Bylaws of the Association, the Board of Directors of the Association shall do all of the following: (i) Review a current reconciliation of the Association's operating accounts on at least a quarterly basis; (ii) Review a current reconciliation,of the Association's reserve accounts on at least a quarterly basis; (iii)Review, on at least a quarterly basis, the current year's actual reserve revenues and expenses compared to the current year's budget; (iv) Review the latest account statements prepared by the financial institutions where the Association maintains its operating and reserve accounts; (v) Review an income and expense statement for the Association's operating and reserve accounts on at least a quarterly basis. (b) The signatures of at least two persons who shall be members of the Board or one officer who is not a member of the Board shall be required for the withdrawal of moneys from the Association's reserve accounts. (c) As used in this section, "reserve accounts" means moneys that the Board has identified from its annual budget for use to defray the future repair or replacement of, or additions to, those major components which the Association is obligated to maintain. -72- i XIX GENERAL PROVISIONS Section 1. Enforcement of Restrictions. The Association and each Owner shall have the right to enforce the terms.of the Declaration against any Owner or Owners or the Association, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration or any amendment thereto; and the Assocation's Articles of Incorporation and By -Laws; provided, however, that with respect to assessment liens, the Association shall have the exclusive right to the enforcement thereof. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability of Covenants. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Terms of Declaration. The covenants and restrictions of this Declaration shall run with and bind the Property and the Project, and shall inure to the benefit of and shall be enforceable by the Association or the Owner of any Unit subject to this Declaration, their respective legal representatives, heirs, successors and assigns until December 31, 2038, after which time said covenants, conditions and restrictions shall automatically be extended for successive periods of ten (10) years, unless an instrument, signed by a majority of the then Owners of the Condominiums, has been recorded, agreeing to terminate said covenants, conditions and restrictions in whole or in part. -73- Section 4. Construction of Declaration. The provisions Of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development of a Condominium residential community and for the maintenance of the community recreational facilities and Common Areas. The article and section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. Section 5. Amendments. Subject to the rights of lenders as set forth in the Article hereof entitled "Rights of '11stitutional holders of Mortgages," this Declaration of Covenants, Conditions and Restrictions may be amended only by the affirmative assent or vote of both (i) seventy-five'perceiit (75%) of the voting power of the Association, including the voting power of the Declarant, and (ii) seventy-five percent (75,00 of the voting power of Members other than Declarant; provided, however, that the percentage of voting power necessary to amend a specific clause Or provision shall not be less than the percentage of affirmative votes prescribed for action to be taken under that clause; provided further, if the two -class voting structure as Provided by this Declaration is still in effect, this Declaration may not be amended without the Vote- or written assent of seventy- five percent (75;01) of the Voting power of each class of Member=_. This amendment provision shall not be amended to allow amendments by the assent cr vote cf less than _he prescribed percentage of voting power required for amendments_ hereof; provided; -however; tn5•: 1n _ _ ...i -�:�-__-....E nto Oal__Or...a C.val Code Sec_ tion 1355(2) t:' . .e Board of Directors of the Association or any Owner of a Unit may petition. the Superior Court of Orange County for an order reducing the percentage of the affirmative votes necessary for such an amendment. An amendment or modification shall be effective when executed by the ?resident and Secretary of the Association who shall certify that Lice amendment or modification has been approved 4 - , as hereinabove provided, and recorded in the Official Records of Orange County, California. Notwithstanding the foregoing, no amendment to this Declaration that pertains to a provision expressly required by the City of Newport Beach shall be made without the prior written approval of the City Attorney of the City of Newport Beach. Section 6. Nonliability of officials. To the fullest extent permitted by law, neither the Board, nor any committee of the Association or any member of such Board or committee shall be liable to any Member of the Association for any damage, loss or prejudice suffered or claimed on account of any decision, approval or disapproval of plans or specifications (whether or not defective), course of action, act, omission, error, negligence or the like made in good faith within which such Board, committees or persons reasonably believed to be the scope of their duties. Section 7. Violation of Declaration. The result of every act or omission, whereby any provision, condition, restriction, covenant, easement or reservation contained in this Declaration is viclated in whole or in part is hereby declared to be and constitutes a nuisance, and every remedy allowed by law or equity against a nuisance, either public or provate, shall be applicable against every such result, and may be exercised by the Association. Such remedy shall be deemed cumulative and not exclusive. - Section 8. Conflicts. In case of any conflict between this Declaration and the Articles of incorporation or By -Laws of the Association, this Declaration shall control. Section 9. Common Plan Declaration. The covenants,_ conditions and restrictions set forth in this Declaration constitute a general sc':eme for the development, protection and maintenance of the property to enhance the value, desirability and attractiveness of the Condominiums for the benefit of all Owner: of Condominiums theLein. By acceptance of a deer or by acquiring any ownership interest in any Condomin!um subject to this -75- � � V Declaration, each person or entity, for himself or itself, his heirs, personal representatives, successors, transfereed and assigns, agrees to be subject to all of the provisions, restrictions, covenants, conditions, rules and regulations now or hereafter imposed by this Delcaration any any amendments thereof. In addition, each such person by so doing thereby acknowledges that this Declaration sets forth a general scheme for the improvement and development of the Property covered hereby, and hereby evidences his intent that all the restrictions, conditions, covenants, rules and regulations contained herein shall run with the land and be binding on all subsequent and future Owners, grantees, purchasers, assignees, and transfrees thereof. Furthermore, each such person fully understands and acknowledges that this Declaration shall be mutually beneficial, prohibitive and enforceable by the various subsequent and future Owners. Section 9. Disciplining of Members by the Association. The Board of Directors of the Association are authorized to impose monetary penalties and temporary suspensions of an Owner's rights as a member of the Association for the Owner's failure to comply with this Declaration, provided that the Association shall first follow the procedures for notice and hearing as to each such Owner, satisfying the minimum requirements of Section 7341 of the California Corporations Code, as amended, before a decision to impose discipline is reached. Notwithstanding anything in this Declaration to the contrary, a monetary penalty imposed by the Association as a disciplinary measure for failure of a member to c.omply with this Declaration, or with any rules and regulations promulgated hereunder, or as a means of reimbursing the Association fcr costs incurred by the ASSOCiation in the repair of damage to common areas and facilities for which the member was allegedly responsible, or in bringing the member and his subdivision interest into compliance with this Declaration, or with any rules and regulations promulgated hereunder, do not constitute an assessment which may become a lien against the member's subdivision interest enforceable by a sale of:th.e member's interest. The provisions of this paragraph do not apply to charges -76- i a J M imposed against an owner consisting of reasonable late payment penalties for delinquent assessments and/or charges to reimburse the Association for the loss of interest and for costs reasonable incurred, including attorney's fees, in its efforts to collect delinquent assessments. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have hereto set their hands this vt day of 1988. GENEIIAL ACKNOWLEDGMENT Stateof ft��A�Qt�Lit� ) County of Qan�v�=- j SS. ,,, OFFICIALS "4L MA" L SPENCER m NOTARY PUBLIC - CALIFORNIA ORANGE COUNN My comm. ezllires IAN 31, 1989 —7110122 On this the tul. tt day of rtA 19-23, before me, the undersigned Notary Public, personally appeared ❑ personally known tome ( prcved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within Instrument, and acknowledged that executed it. WITNESS my hand and oAlciai seal. NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. —%%— NO. 201 4025 • Woodland HiM. CA 91304 3 RESIDENTIAL ZONING CORRECTIONS Telephone: (714) 644-3200 Plan Check No: / 8 ^ os— By: Tracy Williams, Associate Planner By: Javier Garcia, Associate Planner Date: A/v;/$7 Address: Corrections Required: Legal Description: Lot Block Section Tract Covenant required to combine lots or portions of lots. Please have owner's signature notarized on attached document and return to me. Lot Size Ar of s/'v�lp'17 Zone Number of Units Buildable Area �.. P— Maximum Structural Area .20 /9 (Area including exterior walls, stairway on one level and required arking).x buildable area. Proposed Structural Area: //, 4W 2*,e-o' l x buildable area. Ak Provide tissue overlay of calculations to verify provided square footage. /yNiv- Open Space Area Z // /✓Z /' cu.ft. (Volume of space equal to buildable width times buildable height times 6). This area must be six feet in any direction (61x6'x6') and open on two sides or one side and above. Required Setbacks (Note: Architectual projections, i.e. bay windows or balconies not allowed in setbacks) . /)/p7E' ea /b Front f �F. /jlG� s��vo% /' 26W" ✓ Rear — Right Side 41 AZ Left Side Height Limitation Measured from natural grade to average roof height. Dimension all elevations from natural grade to midpoint and maximum ridge of roof 454 planes. Show natural IM91 MIM O Sii/W /n/ dLM -� Distance between Maximum Coverage_ Number of Stories FA Ord Parking (9' - 4" x 19' - 0" min. clear dimensions, one space; 17' - 6" x 19' - 0" min. clear dimensions, two spaces). (Third required space may be S' x 161). Show clear interior dimensions of garage. �, �1 �� ► G�uz -(D lvss uf- cr--Zv(� Fair Share Contribution San Joaquin Hills Transportation Corridor Fee ljobAC i VT PPark Dedication Fee �l�s� ZS %• S 6 �f �� (OVER) SPECIAL APPROVAL REQUIRED THROUGH: Modifications Committee. Indicate Modification Approval Number on plans. Planning Commission: Use Permit ,KiI• 32 06 �.G4G Variance Resubdivision - Tract Site Plan Review Other - Public Works: Easement/Encroachment Permit W Curb Cut ubdivision Engineer 'Peml.i/T raffic Engineer rApproval of Landscape Plans-^ iFe V/64'p A/".p po viz L .S, ilding Department: Grading Engineer Parks Department: Approval of Landscape Plans Coastal Development Permits: Approval in Concept (Note: File 3 sets of plans: plot plan, floor plan, elevations). Coastal Development Permit No. S 4�'!-(r70. Categorical Exclusion No. (Building permits may be issued 10 days following issuance of C.E.O.) Waiver/Exemption Miscellaneous 1. Floor plan fully dimensioned showing all room uses. 2. Plot Plan fully dimensioned showing location of all buildings, fences to property line. Show second and/or third floor building footprint on plot plan. 3. Association Approval (Advisory) 4. Other A /04 d14fri 7r01w /yi��s•+o 1�f, T' l/i,� Sire /1 /f lv/./it Ir�f� .t a G �r.rs /s r�sFlva k f � �lr�aiah�f. 2 .t'.+YT NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644-3200. Cefs.-.es4i —tul DfNd� 003 lkt WIDIU J X C401A t►ON AoWlza n fh W Y~ M"uut� �sr No 5XW5 wtu. "- oww UPoN . It�mo< pow mr. At Wf & 5-2 UN r, Ll 0 t PLANNING DEPARTMENT SUBJECT: PC #18-85; Plummer Court Zoning Corrections 5 4-'� Provide copy of sheet identifying addresses ass gned for City records. Reduced in size (811 x 11) S1lt PLkA6WEV 10 Show copy of survey. Tract map shows 76.85 as interior property line. , 3 3� Note: T ellis not allowed in setback. See note on C-7. �ca-y� 4-.'� Show existing grade lines on all elevations and dimension all elevations. i� i•l 6-.---' Water meter enclosures should be shown on site plan. Roll -up type garage doors are required. Specify on plans. Compliance with conditions of Use Permit No. 3101, Tract 12208: Condition No. 7', 10, 13, 14 (See notes on attached correction sheet) Plans approved by: Grading Building Fire OV'Public Works 4b✓Traffic engineering 1l_C �CCt tw�d SG I "� S ''Parks, Beaches & Recreation�Gt �� SubMV If you have any questions regarding the above corrections, contact me at (714) 644-3200. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By Tracy Williams Associate Planner TW:la TRACY December 2, 1987 J.R.S Development 1111 Bayside Drive, Suite 200 Corona Del Mar, CA 92625 RE: Construction Drawings for The Plummer Court Project. Attention: John Sindoni and Tan Yok Koon Gentlemen: On the construction drawings for The Plummer Court Project, Sheet C-7, A maximum height limit is set at 3310 from natural grade. As of December 1, 1987 natural grade has not been established by the Civil Engineers, City Planning Department of Newport Beach. A meeting was held on December 1, 1987 at 1:30 P.M. at the job site. Mr. Ken Wilkins representing the Architects office, Jeames Rowe and Walt McAllister were present from B & B Contractors, Inc. Elevations were established from 7.00 to 5.10 for pad elevation. Using the construction drawings for grading and F.S. at the gargae door entries on the West side at the elevation of 5.21, the fall to the alley existing drain (Swale) is 1-3/8" in the distance of 20!+. A 4" drain for the tributary roof water exists the garage door for our project. My concern is flooding will occur in this area. Sincerely, Walt McAllister Project Coordinator within 20' of that excessive fiECE4`!ED PLAiNiNING DEPT. DECO 41987 C4 � f OF f• FW?n;cT REACH, C:dLIF -2001 E. GLADSTONE, SUITE F, GLENDORA, CA 91740 • (714) 592-6943 ll611L CE9CRS>TIOM ALLEY I ..W...,.s..�...,. w........�a .. s ? wNA ALLEY I .o...n....,.Y. ""� � AN R D exlSLmpGALLEY �.._..._ 305 � �sl 3�3 307 317 3lq :s z CYPRESS ST. „aj w '-rY ��yy• TABULATION KEY TO SYMBOLS .muea.mi ,,.. . , N •3i iat ra �� tom:. N� .....o..�..,... .�..y.......... r COMMISSIONERS A�yG'IO n G pi9t^y 9y y:�y0 `'i y0 CITY OF NEWPORT BEACH MINUTES January _8, 1987 ROLL CALL INDEX 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. That the provision of curb openings on Cypress Street has been approved by the City Council and is consistent with the intent of City Council Policy L-2 inasmuch as no existing on -street parking will be eliminated. 7. That the Police Department does not foresee any problems with the proposed development. 8. The establishment, maintenance of operation of the use .or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and P improvements in the neighborhood or the general welfare of the City. 9. The proposed side yard setback encroachment is comparable to existing setbacks of other properties in the area and adequate open space will be provided elsewhere on the site. Therefore, approval of the requested encroachment will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and,, general welfare of persons residing or working in•the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. Y, CONDITIONS: bK-1. That development shall be in substantial C1°J conformance with the approved plot plan, floor plans and elevations, except as noted below. ' LhNVS(W�-I 2. That the proposed wall shown in the required 5 foot.setback adjacent to East Bay Avenue shall not Q1.1LAow exceed 3 feet in height. PC" r 3-fl531 -23- COMMISSIONERS MINUTES cJanuary 8, 1987 y F^G°o G Np 9i iq E` Fy V y°�'qy CITY OF NEWPORT BEACH 9y�� ROLL CALL I I I I I I INDEX 3. That all landscaping and walls shall comply with A City Standard 110-L, n +S f 4. That no landscaping shall be permitted at grade in the required 5 foot rear yard setback adjacent to the alley and that the portion of the building that is permitted to encroach 1 foot 6 inches into the rear yard setback shall maintain a minimum clearance of 8 feet above grade. 5. That all applicable Conditions of the Tentative and Final Map of Tract No. 12208 be fulfilled. 6.1 That roll -up type garage doors shall be required adjacent to the alley. 90TV ICJ 0.�.Wail 7. That this use permit shall expire if not exercised AVA81M within 24 months in accordance with Section tf'1ze-A-b/ Ar-m, 20.80.090, A of the Municipal Code. r S. That the applicant be required, prior to final n,, inspection of the property, to execute and to IM record CC&R's restricting the burning of natural �'p►� wood or flammables other than gas burning ��olll fireplaces based upon the agreement by the applicant. That the Newport Bay Tower Homeowners Association be beneficiary of the recordation of the CC&Rs which shall run in perpetuity and that the proposed CC&Rs shall be submitted to the City Attorney for approval. That the applicant shall enter into an agreement 0�9. with the City guaranteeing the provision of one (} unit affordable to a County moderate income family for a period of no less than 10 years. The Planning Commission recessed at 9:00 p.m. and reconvened at 9:15 P.M. x -24- AGREEMENT TO RECORD USE RESTRICTION THIS AGREEMENT is entered into by and between Newport Bay Towers Homeowners Association, a California Nonprofit Mutual Benefit Corporation, hereinafter referred to as ("Association"), and John Sindoni, an individual ("Sindoni"), and JRS Development Corporation, hereinafter collectively referred to as ("Developer"), on this 28th day of January, 1987. R E C I T A L S A. Association is a nonprofit corporation organized pursuant to the terms of Articles of Incorporation filed with the Secretary of State of the State of California, and a Declaration of Covenants, Conditions and Restrictions ("Declaration"), recorded June 6, 1973 in the office of the Orange County Recorder ("Operative Documents"). Pursuant -to the Operative Documents, Association is charged with maintaining the common area real property subject to the Declaration for the benefit of its members. The common area real property is described as Lot 1, Tract 6027, in the City of Newport Beach, as shown on a map at Book 310, Pages 19 to 20, inclusive, of Miscellaneous Maps in the office of the County Recorder. B. Sindoni is the owner of that real property described as Lot 1, Tract 12208, located at 303 Cypress Street, Newport Beach, California, and which is located immediately adjacent to the Association's common area property. C. Developer is desirous of constructing a nine (9) unit residential condominium development and related garages ("Proposed Development") upon Sindoni's property. As a condition 5S 0 of the City of Newport Beach Planning Commission approval of Use Permit No. 3246, Developer has agreed and consented to execute and record Covenants, Conditions and Restrictions ("Recorded CC&R's") applicable to Sindoni's property restricting the burning of natural wood or flammable materials in gas -burning fireplaces within the Proposed Development, all as more particularly described in Condition No. 8 of the January 8, 1987 Minutes of the City of Newport Beach Planning Commission, a copy of which is attached hereto as Exhibit "A." D. Association and Developer wish to agree upon the language of the Use Restriction to be incorporated within the Recorded CC&R's of the Proposed Development, which is specifically set forth in the attached Exhibit "B," as may be modified by the City Attorney. In consideration of the foregoing recitals and agreements contained herein, Association and Developer agree as follows: 1. Developer shall record as part of the Recorded CC&R's applicable to the Proposed Development the Use Restriction attached hereto as Exhibit "B." 2. Association agrees that recordation of the Use Restriction attached hereto as Exhibit "B" shall constitute compliance by Developer with Condition No. 8 of City of Newport Beach Use Permit No. 3246, all as more particularly set forth in the attached Exhibit "A." 3. Developer shall submit a true and correct copy of the CC&R's to Association not less than fifteen (15) days prior to the actual date of recording or Developer's application to the -2- City of Newport Beach for an Occupancy Permit, whichever should occur first. 4. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein and supersedes all prior and contemporaneous oral or written agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. 5. In the event any action at law or in equity is instituted to enforce any of the provisions of this Agreement, the prevailing party in any such action shall be entitled to recover from the other party reasonable attorneys fees, costs and necessary disbursements as part of the judgment, in addition to any other relief to which the prevailing party may be entitled. 6. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. 7. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 8. All notices, requests, demands, deliveries and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given or on the first day after mailing if mailed to the party to whom -3- notice is to be given, by first class mail, registered or certified, postage prepaid and properly addressed as follows: To Developer: Mr. John Sindoni c/o JRS Development Corporation 1213 East Balboa Boulevard Balboa, California 92661 To Association: Newport Bay Towers Homeowners Association 310 Fernando Street Newport Beach, California 92661 Any party may change its address for purposes of this paragraph by giving the other party written notice of the new address in the manner set forth above. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement a's/ of the date first written above. Date: %hhCi j- Z 4 , 1987 NEWPORT BAY TOWERS HOMEOWNERS ASSOCIATION Y By I t S Date: 1987 Date: J/%dl, .�.G_ ', 1987 OHN SINDONI JRS DEVELOPMENT CORPORATION By , I c5/'cl'E'%/7— .. , . -4- COMMISSIONERS F /LAR PLANNING COMMISSION MEETING PLACE: City Council Chamber TIME: 7:30 p.m. DATE: January 8, 1987 MINUTES ' V °a`'y ; CITY OF NEWPORT BEACH INDEX ROLL CALL x x x x x All Commissioners were present. Present x • f f EX-OFFICIO MEMBERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney f f f William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Donald Webb, City Engineer Dee Edwards, Secretary • f f Minutes of December 4, 1986: Minutes of Motion was made to approve the December 4, 1986, 12-4-96 Motion 34 Planning Commission Minutes. Motion voted on, MOTION All Ayes CARRIED. f f f Request for Continuance: Request for James Hewicker, Planning Director, stated that staff Continuant has recommended that Item No. 8, Use Permit No. 3249, regarding construction of a single family dwelling located at 2717 Shell street, be continued to the January 22, 1987, Planning Commission meeting. Motion was made to continue Item No. 8, Use Permit No. Motion x 3249, to the January 22, 1987, Planning Commission All Ayes meeting. Motion voted on, MOTION CARRIED. f f f -1- EXHIBIT A MINUTES January 8, 1987 CITY OF NEWPORT BEACH L CALL INDEX 4. That the chimney shall be redesigned so as not to exceed 9 feet in width. S. That all drive approaches shall conform to City Standard 164-L and that all work shall be complet- ed under an encroachment permit issued by the Public Works Department. 6. That the full parkway width adjacent to all public streets shall be graded with a two percent slope to the curb. 7. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090, A of the Newport Beach Municipal Code. Use Permit No. 3246 (Public Hearing) Item No.6 Request to permit the construction of a nine unit UP3246 residential condominium development and related garages on property located in the R-4 District. The proposal Approved also includes modifications to the zoning Code so as to allow a 6 foot 7 inch building encroachment into the required 11 foot 7 inch northerly side yard setback area and a 6 foot high wall that encroaches 5 feet into the required 5 foot front yard setback along East Bay Avenue. This application involves the previously approved use permit known as "Plummer Court" which has expired. LOCATION: Lot 1, Tract No. 12208, located at 303 Cypress Street, on the northwesterly corner of Cypress Street and East Bay Avenue, on the Balboa Peninsula. ZONE: R-4 APPLICANT: John Sindoni, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, presented background information of Use Permit No. 3101 which was approved by the Planning Commission on July 19, 1984, and the City Council on August 27, 1984, which provided for the construction of nine condominium units on the subject -18- MINUTES COMMISSIONERS January 8, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX property. Mr. Hewicker stated that limitation of woodburning fireplaces had been omitted from the Planning Commission's motion and that the City Council declined to add the requirement as noticed by the Planning Commission. He said that the aforementioned Use Permit has expired although Coastal Residential Development Permit No. 6 is still in effect and the Final Tract Map has been recorded. He referred to a letter that had been received from the Newport Bay Tower Homeowners Association, signed by Althea Line, President, dated January 8, 1987, including a letter from the applicant agreeing to limit the fireplaces in the units to burn only gas as opposed to firewood. Mr. Hewicker advised that the applicant of Use Permit No. 3101 presented a letter to the Planning Commission indicating that the applicant intended to install woodburning fireplaces with glass doors and gas logs to discourage the burning of wood and other combustibles because of the prevailing winds which could be a problem to the adjacent homeowners. Mr. Hewicker commented that he had discussed the subject application with the Building Department and he was advised that the Building Code has been amended to require glass doors since Use Permit No. 3101 was approved. Mr. Hewicker indicated that the Newport Bay Tower Homeowners Association have requested that the project include fireplaces with decorative ceramic logs that would only burn gas. He stated that the Planning Department does not feel that there is adequate justification on the part of the City to impose that condition on the project. Mr. Hewicker further stated that if the Planning Commission would restrict the fireplaces to only burn gas, and if it would be the desire of the applicant to record CC&R's to that effect, it would be staff's recommendation that the Planning Commission make the Newport Bay Tower Homeowners Association the beneficiary of the CC&R's, and let the Newport Bay. Tower Homeowners Association enforce the CC&R's against the project as opposed to the City enforcing same. Mr. Hewicker suggested that if the Planning Commission wanted to permit the woodburning fireplaces, and because the subject project is proposing a 5 foot side -19- COMMISSIONERS MINUTES *40,,01 A January 8, 1907 o CITY OF NEWPORT BEACH ROLL CALL INDEX yard setback from the common property line as opposed to a required li 1/2 foot setback, that a condition could be imposed that would require a 9 foot side yard setback. In response to a question posed by Acting Chairman Koppelman, Mr. Hewicker replied that the Fire Department has indicated there would be no problems concerning the proposed project if built according to the Building and Fire Codes. Mr. Hewicker stated that the chimneys of the proposed project are lower than the upper floors of the Newport Bay Tower and that smoke could annoy the adjacent residents) however, he said that smoke annoyance could be found anywhere when a structure is one or two stories lower than an adjoining structure. The public hearing was opened in connection with this item, and Mr. John Sindoni, applicant, appeared before the Planning Commission, and stated that he concurs with the findings and conditions in Exhibit "A". In response to questions posed by Acting Chairman Koppelman and Commissioner Person, Mr. Sindoni replied that he has agreed to provide decorative ceramic logs which will burn only natural gas, and that he has no objection to a condition that would state that prior to the occupancy of the units that the recorded CC&R's make the beneficiary the Newport Bay Tower Homeowners Association. In response to a question posed by Commissioner Winburn, Mr. Sindoni agreed to the previously approved Coastal Residential Development Permit No. 6 requiring the developer' to provide one dwelling unit affordable to a moderate income household as defined by the County of orange. Ms. Althea Line, 310 Fernando Street, Balboa, President of Newport Bay Tower Homeowners Association, appeared before the Planning Commission. Ms. Line requested an explanation of the legal procedure regarding how the Newport Bay Tower Homeowners Association may be assigned "beneficiary" to the subject condominiums' CC&R's as previously suggested by staff and the Planning Commission. Commissioner Person replied that the City is not in a position to enforce CC&R'sj that prior to the applicant obtaining an occupancy permit -20- COMMISSIONERS MINUTES January 8, 1987 '"?'_ , CITY OF NEWPORT BEACH ROLL CALL INDEX for the proposed project the CC&R's must be recorded against the property; that the applicant would make the Newport Bay Tower Homeowners Association the beneficiary of the CC&R's which would give the Newport Bay Tower Homeowners Association the benefit of the gas burning fireplaces and if there would be a violation of the gas burning fireplaces then it would be up to the Newport Bay Tower Homeowners Association to enforce the violation. The Planning Commission and staff pointed out the following facts relating to the Newport Bay Tower Homeowners Association as beneficiary of the gas burning fireplaces to the subject condominiums' CC&R's: that CC&R's are generally in favor of another group other than the City; if the Newport Bay Tower Homeowners Association observes a violation then the Association can enforce the restriction instead of coming to the City to request the City to enforce the restriction; that the applicant will prepare the CC&R's which will be submitted to the Newport Bay Tower Homeowners Association for their attorney to review; that CC&R's are recorded between two adjoining parties on a regular basis so as to maintain some restriction of a neighboring development; that the restriction covering the gas burning fireplaces may not be changed by the future nine condominium homeowners unless there is an agreement between the Newport Bay Tower Homeowners Association and the nine condominium homeowners; that the City Attorney's position will be to see that the conditions of approval are followed through, and that the CC&R's are recorded. Mrs. Deanna Schnabel, 306 Fernando Street, Balboa, appeared before the Planning Commission requesting that the applicant partially fund the paving of an adjoining alley because the subject condominium homeowners will be utilizing the alley, and that a barrier be constructed in the alley so that automobiles will not be bumping into her garage. Mr. Webb replied that the applicant is funding half of the construction of an alley which is more than what is normally required and that it would not be appropriate for the City to request the applicant to construct an adjoining alley. Mr. Hewicker stated that the City does not permit devises to be placed in alleys in order to protect dwellings from automobiles and that the devises would have to be placed on private property. -21- COMMISSIONERS MINUTES January 8, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX The public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3246 subject to the findings and conditions of approval in Exhibit "A", including added Conditions No. 8 "that the applicant be required, prior to final inspection of the property, to execute and to record CC&R's restricting the burning of natural wood or flammables other than gas burning fireplaces based upon the agreement by the applicant. That the Newport Bay Tower Homeowners Association be beneficiary of the recordation of the CC&R's which shall run in perpetuity and that the proposed CC&R's shall be submitted to the City Attorney for approval."; and No. 9 "that the applicant shall enter into an agreement with the City guaranteeing the provision of one unit affordable to a County moderate income family for a period of no less than 10 years." Commissioner Person stated that the motion does not reflect what he considers to be approval of the zoning on the subject property. He further stated his concern regarding the R-3 and R-4 zoned lots that are present in Balboa. All Ayes Motion voted on to approve Use Permit No. 3246 subject to the findings and conditions in Exhibit "A' including the addition of aforementioned Conditions No. 8 and 9. MOTION CARRIED. FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate individual utility connections. 2. The project, as conditioned, will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval, except for a side yard encroachment. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. That the proposed development is consistent with the General Plan and Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. -22- -COMMISSIONERS MINUTES January 8, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. That the provision of curb openings on Cypress Street has been approved by the City Council and is consistent with the intent of City Council Policy L-2 inasmuch as no existing on -street parking will be eliminated. 7. That the Police Department does not foresee any problems with the proposed development. 8. The establishment, maintenance of operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 9. The proposed side yard setback encroachment is comparable to existing setbacks of other properties in the area and adequate open space will be provided elsewhere on the site. Therefore, approval of the requested encroachment will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That the proposed wall shown in the required 5 foot setback adjacent to East Hay Avenue shall not exceed 3 feet in height. -23- COMMISSIONERS i 1�f Ofy MINUTES January 8, 1987 ; CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That all landscaping and walls shall comply with City Standard 110-L. 4. That no landscaping shall be permitted at grade in the required 5 foot rear yard setback adjacent to the alley and that the portion of the building that is permitted to encroach 1 foot 6 inches into the rear yard setback shall maintain a minimum clearance of 8 feet above grade. 5. That all applicable Conditions of the Tentative and Final Map of Tract No. 12208 be fulfilled. 6. That roll -up type garage doors shall be required adjacent to the alley. 7. That this use permit shall expire if not exercised within 24 months in accordance with Section 20.80.090, A of the Municipal Code. 8. That the applicant be required, prior to final inspection of the property, to execute and to record CC&R's restricting the burning of natural wood or flammables other than gas burning fireplaces based upon the agreement by the applicant. That the Newport Bay Tower Homeowners Association be beneficiary of the recordation of the CC&Rs which shall run in perpetuity and that the proposed CC&Rs shall be submitted to the City Attorney for approval. 9. That the applicant shall enter into an agreement with the City guaranteeing the provision of one unit affordable to a County moderate income family for a period of no less than 10 years. ! R The Planning Commission recessed at 9:00 p.m. and reconvened at 9:15 p.m. -24- USE RESTRICTION RE WOOD BURNING FIREPLACES - PLUMMER COURT TOWNHOMES DECLARATION Use of Fireplaces. No owner shall be permitted to utilize the fireplace within the owner's unit for purposes of burning wood or other flammable materials. The fireplaces shall be operated using only the originally installed gas lines and ceramic logs incorporated into the fireplaces for this purpose. The Newport Bay Towers Homeowners Association, or any of its members/owners, shall have the right, but not the obligation, to enforce, by any proceeding at law or in equity, the restrictions set forth in this Section and are hereby .- named as third party beneficiaries for this purpose. The restriction set forth in this Section shall be a covenant pursuant to California Civil Code Section 1468, and shall run with and bind the real property subject to this Declaration, for the benefit of the real property subject to that certain Declaration of Covenants, Conditions and Restrictions for Newport Bay Towers, recorded June 6, 1973, in the Official Records of Orange County, and any amendments thereto, described as Lot 1 of Tract 6027, in the City of Newport Beach, as shown on a map at Book 310, Pages 19 to 20, inclusive, of Miscellaneous Maps in the Office of the Orange County Recorder. This covenant shall inure to the benefit of and shall be enforceable by the Association and the Newport Bay.Towers Homeowners Association, their respective legal representatives, heirs, successors and assigns. The restrictions set forth in this Section shall not be amended or modified by the Association without t-e express written consent of the Board of Directors of the Newport Bay Towers Homeowners Association. In the event any action at law or in equity is instituted to enforce any of the provisions of this Section , the prevailing party in any such action shall be entitled to recover from the other party reasonable attorneys fees, costs and necessary disbursements as part of the judgment. EXHIBIT 5 AGREEMENT TO RECORD USE RESTRICTION THIS AGREEMENT is entered into by and between Newport Bay Towers Homeowners Association, a California Nonprofit Mutual Benefit Corporation, hereinafter referred to as ("Association"), and John Sindoni, an individual ("Sindoni"), and JRS Development Corporation, hereinafter collectively referred to as ("Developer"), on this 28th day of January, 1987. R E C I T A L S A. Association is a nonprofit corporation organized pursuant to the terms of Articles of Incorporation filed with the Secretary of State of the State of California, and a Declaration of Covenants, Conditions and Restrictions ("Declaration"), recorded June 6, 1973 in the office of the Orange County Recorder ("Operative Documents"). Pursuant to the Operative Documents, Association is charged with maintaining the common area real property subject to the Declaration fo_ the benefit of its members. The common area real property is described as Lot 1, Tract 6027, in the City of Newport Beach, as shown on a map at Book 310, Pages 19 to 20, inclusive, of Miscellaneous Maps in the office of the County Recorder. B. Sindoni is the owner of that real property described as Lot 11 Tract 12208, located at 303 Cypress Street, Newport Reach, California, and which is located immediately adjacent to the Association's common area property. C. Developer is desirous of constructing a nine (9) unit residential condominium development and related garages ("Proposed Development") upon Sindoni's property. As a condition -1- 1 0 of the City of Newport Beach Planning Commission approval of Use Permit No. 3246, Developer has agreed and consented to execute and record Covenants, Conditions and Restrictions ("Recorded CC&R's") applicable to Sindoni's property restricting the burning of natural wood or flammable materials in gas -burning fireplaces within the Proposed Development, all as more particularly described in Condition No. 8 of the January 81 1987 Minutes of the Citj of Newport Beach Planning Commission, a copy of which is attached hereto as Exhibit "A." D. Association and Developer wish to agree upon the language of the Use Restriction to be incorporated within the Recorded.CC&R's of the Proposed Development, which is specifically set forth in the attached Exhibit "B," as may be modified by the City Attorney. In consideration of the foregoing recitals and agreements contained herein, Association and Developer agree as follows: 1. Developer shall record as part of the Recorded CC&R's applicable to the Proposed Development the Use Restriction attached hereto as Exhibit "B." 2. Association agrees that recordation of the Use Restriction attached hereto as Exhibit "B" shall constitute compliance by Developer with Condition No. 8 of City of Newport Beach Use Permit No. 3246, all as more particularly set forth in the attached Exhibit "A." 3. Developer shall submit a true and correct copy of the CC&R's to Association not less than fifteen (15) days prior to the actual date of recording or Developer's application to the -2- City of Newport Beach for an Occupancy Permit, whichever should occur first. 4. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein and supersedes all prior and contemporaneous oral or written agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. 5. In the event any action at law or in equity is instituted to enforce any of the provisions of this Agreement, the prevailing party in any such action shall be entitled to recover from the other party reasonable attorneys fees, costs and necessary disbursements as part of the judgment, in addition to any other relief to which the prevailing party may be entitled. 6. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. 7. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 8. All notices, requests, demands, deliveries and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given or on the first day after mailing if mailed to the party to whom -3- notice is to be given, by first class mail, registered or certified, postage prepaid and properly addressed as follows: To Developer: Mr. John Sindoni c/o JRS Development Corporation 1213 East Balboa Boulevard Balboa, California 92661 To Association: Newport Bay Towers Homeowners Association 310 Fernando Street Newport Beach, California 92661 Any party may change its address for purposes of this paragraph by giving the other party written notice of the new address in the manner set forth above. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as/ of the date first written above. Date: 1987 NEWPORT BAY TOWERS HOMEOWNERS ASSOCIATION ti By vz�(//✓( �z L� Its Date: 1987 Date: 1987 OHN SINDONI JRS DEVELOPMENT CORPORATION By I •��GS/�%E/IJ� -4- .f TYPICAL SECTION 1 /4" ^ 1'-0" LANDSCAPING] 3'-0"HIGH ALL T- SITE PLAN 8f-0!! 44 GUEST PARKING SPACE _ fi PLAN B f +9f_0" W LL O cc W 0 44 Im W a +°9'�0" x a 2 I o ! ao I NATURAL GRADE ALLEY 4 r N160 56' 56"E 145.27" DRIVEWAYS --- - --- ELEVATION 0'-0" - -- o -- - - - �' ul ;7� PLAN A PLAN A PLAN B I PLAN B PLAN C 1 +91-0" . PLAN A PLAN A T DRIVEWAYS EXISTING RED CURB COURT +4 -6" UP LANDSCAPING w up EXI TING GRADE. ' .0 N 160 56' 01" E 145.32' CYPRESS STREET +9,-0" PLAN A 1 tD � O Q N �z �� .. z LL J U -J" tl U.] Q W r ;z _ Z Q C) a QQ.� (�W Ur �5- �" CO O .. WW.:"Q Cam cD J, = U d d ZV^ Q� .1w" O Q Q cy) z i �t S DATA SUMMARY ZONE: R-4 SITE AREA: 109344 S.F. BUILDABLE AREA: 89568 S.F. ALLOWABLE FLOOR AREA: 25,704 S.F. PROPOSED FLOOR AREA: 11,365 S.F. LOT COVERAGE: 60.20. % V DWELLING UNITS: 5 _ PLAN A 19200 S.F. 3 - PLAN B 13217 S.F. -1 _ PLAN C 19714 S.F. y,:o - PARKING: ��• REQUIRED 1.5/UNIT: 13.5 SPACES c- PROVIDED (COVERED): 18 SPACES, GUEST PARKING AS REQUIRED BY THE COASTAL COMMISION: 1 SPACE F= cc a +4'-s" 2 TOTAL: 19 SPACES zZ O a cc o� OLIL O V-6" HIGH WALL (� J LANDSCAPING W �- a Cl)Z �? �p OCT241984 W m CALIFORNIA a COASTAL COMMISSION , SOU , SOUTH COAST DISTRICT W }..a, W W d LirN dt orf100 tPPRD `� '87A1X iToet c - 3 Z project number 84026 date MAY, 23, 1984 REV. SEPT. 7, 1984-- [REV. et number OCT., 19,1984 of a 20 - X J4-- — . GARAGE/BASEMENT LEVEL 21'-2" i 5'-4" 15'-6" a I DN VTTO f Ni M 1' j N i V) I , M. BED I FIRST LEVEL SECOND LEVEL 12'-0" ; 9'-4" r r 11'-4" s 3'-4" 6'-8" i I 0 r co I i i G ---� i �! �V 4 NJ co): i S C1 R DN CM DINING i O N _ -- R FI KIT o �I 8 i FI 10'-8" ST LEVE 10'-6" SEC 9'-6" OND LEVE 11'-8" -A A M 1 M N 2 BR - 2 1 /2 BA - 1200 SYN' m N ' LD 2 BR - 2 1/2 BA 1217 S.F. O 0 (D N 0a D7 - Z 1-o Q Q- U jU ZUJ QQ aLli o Jv T U)wC� am0) W0WQfrC) F-(0 H (-)a-,*ZC�=��U, OQQcoy;zti it El 1111111111 a O� r 0 0 U. � V �y Z v C� 0 a �. w m > WW 0 Q0 O ?� CL J u. a z 5 P er 26 ,1984 1'-0r: 4; 1984F j of 1 l v b 3 SECOND LEVEL 2BR-21/2BA 1714 S.F. SEP 7 1984 O coo N O N 0) Q Z H Cr Q Z)O C/ LLi > U Z�w QQ ii c o rr- jW� m� woWQ CC CY) Z0CQ/) �Q �a-� QU) U�zi 111111!111 Z v O ra � a _ a z G� o 0 Cl) (O Z v �2 _ ro,� 0.4 ®. w m OC w O Cl �a UJ LL a z project number 84026 date MAY 23, 1984 1 /4�c sheet number REV: SEPTw' 4,, 1984 of a III IIIIIIIII I,wiI,..._ Illllllllll Imlll�! � i _ __ i in- , ■ I■.■ � IrRIIRI illrlrlrlrlr miRlRlylRlRlRIRIRIR _ gL I ■AM I■AM r �ri::��`�!, tl►�7��f.1��►ate �+! Vol- Iry AW= :! ��--� 1. MAJ4 ►TL .......... ■� 1 ■■' i ■L.■� ililalll i IN i,i11■■I�i ii; ;Illlllii■' ,lu, !IpNJ(II�1 1 I�■■I■ _■ MINI ■I■I ■■■I■I■I�i m I■I■I ! � I■I■'■ICI■I■I■I■I ■ llll�lil lll>l I �l �l �l �! �I ■I■ICI Ell hnNllll i{iiil:Il . li�ipi� v��l�u"'�•�°� i"iiN no ok Mimi ■I■I /ATION olololol ICI■I■I � I■I■I■I I,= 1 H ■1 Ad I I* A i �a � Z CLo V UL J -- v. v 0 W o0 > ~ LJ no mi KA ITY COUNCIL MEMBERS - \CAL OF NEWPORT BLCH i August 27, 1984 MINUTES INDEX i Mr. Wale addressed the Council again, U/P 3101/ and discussed his concerns with regard TMpTr 12208, to the feasibility analysis done by The RCD Perm#6 Newport Beach Economics Group. He also suggested that the City research its method in determining the affordability of a project. Andy Peralez, 310 Fernando Street, Newport Bay Towers, addressed the Council and stated that the proposed project is too close to their 'development, and if wood -burning fireplaces are allowed, the smoke would interfere with the enjoyment of their property. He stated that their association had met with Mr. Wale, who agreed to install glass screens and gas log fireplaces. Mr. Wale also agreed to allow their group to control the landscaping on the northern boundary of the project. The Newport Bay Towers are located immediately north of the 4 project. Hearing no others wishing to address the Council, the public hearing was closed. 11otion x Following consideration, motion was made 7 to sustain the recommendation of the Planning Commission, and approve the public curb cuts at Cypress Street, with the added condition that the garage doors be the type that open straight up, rather than into the alley way. Council Member Plummer stated that she was not going to oppose, or support this.. project because of the Mello Bill requirements regarding affordable housing, and therefore, will abstain from voting. Mayor Pro Tem Maurer invited Mr. Wale to contact him regarding Mr. Wale's concerns pertaining to the North Ford Project. In response to inquiry of Mr. Andy Peralez of the Newport Bay Towers, it was noted that the motion did'not include'the requirement that applicant J provide only non -wood burning fireplaces. Ayes x x x The motion was voted on and carried. Abstain Ix x E. PUBLIC CO None. - olume 38 - Page 267 Ili TY I COUNCIL MEMBERS \CAL OF NEWPORT RACH August 27, 1984 MINUTES 1 ►IAL V condominium development pursuant to the U/P 3101/ Administrative Guidelines for the TMpTr 1220E implementation of the State Law relative RCD Perm#6 to Low -and Moderate -Income Housing within the Coastal Zone. Report from the Planning Department, was presented. Ed Wale of the Wale Development Corporation, applicant, 17752 Mitchell Street, Irvine, addressed the Council and stated that he had read the staff report and had some concerns relative to wood -burning fireplaces, and the feasibility study regarding affordable housing. He also stated that many residents in the subject area feel his project is too dense, but they do not - realize that he could, pursuant to the Zoning Code, build more units than what he is requesting. With respect to the proposed fireplaces, Mr. Wale stated that it is not his intent to eliminate wood -burning fireplaces from his project even though it has been suggested by the Planning Commission, as noted on page 7 of the staff report. Pertaining to the affordable housing issue, Mr. Wale stated that he is not being given any special aid for the one affordable unit he is providing in this project, and that he is providing it "under protest." He also feels that he, as well as other small builders in the City, are being discriminated against with respect to affordable housing. He urged approval of the project as requested. The Planning Director responded to Mr. Wale's remarks regarding the proposed fireplaces and the feasibility report by the Newport Economic Group. He also answered questions of the Council regarding the Mello Bill and affordable housing. Bob Shrimmer, 407 East Edgewater, j addressed the Council and stated he felt the proposed density was too great due to the safety problems which exist on the Peninsula. He stated he would rather see duplexes than what is being requested. He also expressed his concerns relative to curb openings on Cypress Street. Volume 38 - Page 266 -41 41'iTY COUNCIL MEMBERS \CAL L OF NEWPORT StACH August 27, 1984 MINUTES INDEX Mayor Hart submitted, for the record, notes of concern from the North Bluff Villas Community Association Board of irectors, which had been discussed with -• he and Council Member Heather this mor ng. Motion x Followi discussion, motion was made to All Ayes modify th recommendation of the Planning Co ission, amending Condition No. 23 as set forth in the foregoing by the City Attorn ; adding Condition No. 36, which requir that the chain link fence be installedthe satisfaction of the City; wheel s ps be installed to protect said fence; an a gate be installed at the entrant which will be locked during the eight to rnaments. In addition, Newport Beach Ten 's Club to work out agreement with North luff Villas Homeowners Association r arding the maintenance of landscaping in the buffer area. Said improvements an agreement to be completed within 60 s from the date of this meeting. 2. Mayor Hart opened the public hearing and City Council review of: Tentative Map of Tract No. 12208 - TMapTr 122C Request of WALE DEVELOPMENT CORPORATION, Irvine, to subdivide six existing lots into a single lot for residential condominium purposes on property located in the R-4 District, and the approval of an Environmental Document; AND Use Permit No. 3101 - Request of 14ALE U/P 3101 DEVELOPMENT CORPORATION, Irvine, to (88) permit the construction of a nine unit residential condominium development and related garages on property located in the R-4 District, at 303 Cypress Street on the Balboa Peninsula. The proposal also includes a modification to the Zoning Code so as to allow a 7'7" building encroachment into the required 11' 7" northerly side yard setback area; AND , Residential Coastal Development Permit RCD Perm## No. 6 - Request of WALE DEVELOPMENT CORPORATION, Irvine, to consider a residential coastal development permit for the purpose of establishing project compliance for a nine unit residential Volume 38 - Page 265 COMMISSIONERS 19, 1984 ' m n x � 1 9 m n o City of Newport Beach Substitute Motion Ayes Nayes All Ayes xi MINUTES Substitute motion was made for approval of Tentative Tract Map No. 12208, subject to the Findings and Conditions contained in Exhibit "A", with revisions as follows: 1) That Finding No. 5 be deleted; and 2) That Condition No. 12 be revised to read, "That the project be redesigned so that all vehicular access to the property be from the adjacent alley." Commissioner Person clarified that his vote to support the project in question should not be construed as'his approval of the area zoning. Commissioner Person advised that the Planning commission does not have the power to rezone property once an applicant submits a development application. Provided a project conforms with existing City standards and is appropriate in terms of the currently existing zoning, Commissioner Person stated that he is reluctant to redesign,or deny a project. I Commissioner King indicated his concurrence with Commis- sioner Person's statement. Commissioner King discussed his support for the project, commenting that all of the tenants' vehicles will be enabled to park on -site, rather than on the street. Commissioner Goff's amended motion was then voted on and FAILED. Commissioner King's original motion was then voted on and CARRIED. TENTATIVE TRACT MAP NO. 12208 Findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed subdivision presents no problems from a planning standpoint. -16- INDEX MMISSbNERS ey 19, 1984 0 m o � v � City of Newport Beach MINUTES INDEX 3. That the site is physically suitable for the develop- ment proposed. 4. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 5. That approval of curb openings on Cypress Street will not result in the loss of on -street parking spaces., inasmuch as parking is presently not per- mitted on the westerly side of Cypress Street. 6. That the Planning Commission has determined that the inclusion of one unit affordable to a County moderate - income family within the project is feasible. 1. That a final map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. ,That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a final map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the on -site parking, vehicular circulation and' pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That a 15-foot radius corner cutoff at the corner of Cypress Street and Fast Bay Avenue be dedicated to the public. w4ra COMMISSIONERS 6019, 1994 ! MINUTES m 0 9 � m m City of Newport Beach LL CALL I I I I I I I INDEX 7. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Depart- ment and the Public Works Department. 8. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 9. That a hydrology and hydraulic study be prepared and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the final map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That prior to issuance of any grading or buILlding permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the City's Utilities Department. That PCC gutter be constructed along the East Bay Avenue frontage and that any deteriorated curb and sidewalk be reconstructed; that the curb and gutter along Cypress Street be reconstructed to provide, ' drainage along with the construction of a storm drain system if required; that the deteriorated sidewalk along the Cypress Street frontage be reconstructed; that a 20' radius curb return be constructed along with a curb access ramp per City STD 181-L at the intersection of Cypress Street and East Bay Avenue; that the adjacent unimproved 15' wide alley be improved with concrete per City STD 140-L; that the existing substandard alley approach on East Bay be reconstructed per City Standards; and that street lights (per City STD 200-L) be provided along the East Bay frontage and Cypress Street frontage as approved by the Public Works Department. -18- * 19, 1984 MINUTES m o � 00 « a o Motion All Ayes of Newport Beach 12. That approval of the City Council shall be obtained for the proposed curb openings on Cypress Street. or the project shall be redesigned so that all vehicular access to the property is from the adjacent alley. 13. That prior to the recordation of the Final Tract Map, the applicant shall pay the required fees pursuant -to the requirements of the Park Dedication ordinance. 14. That prior to the recordation of the Final Tract Map, the applicant shall enter into an agreement with the City guaranteeing the provision of one unit affordable to a County moderate income family for a period of no less than 10 years. Motion was made'for approval of Use Permit No. 3101, sub- ject to the Findings and Conditions set forth in Exhibit "A", which MOTION CARRIED: USE PERMIT NO. 3101 Findings: 1. 'That each of the proposed units has been designed as a condominium with separate individual utility connections. 2. The project, as conditioned, will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval, except for a side yard encroachment. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. That the proposed development is consistent with the General Plan and Adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. -19- COMMISSIONERS Ju919, 1984 MINUTES m jL ____'"7 m n o m City of Newport Beach ROLL CALL INDEX 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the use or building applied for will not, under the circum- stances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 7. The proposed side yard setback encroachment is compara- ble to existing setbacks of other properties in the area and adequate open space will be provided elsewhere on the site. Therefore, approval of the requested encroachment will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfarejof per- sons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the pro- posed modification is consistent with the legislative intent of Title 20 of this Code. 8. That the proposed use will be less intensive than the existing use (as defined in Section 15.38 of the Municipal Code), and therefore, a fair -share contri- bution is not warranted in this case. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and eleva- tions, except as noted below. 2. That the structure shall be redesigned so as to main- tain the required 3-foot front yard setback along Cypress Street; and a minimum setback of 5 feet adja- cent to the northerly side property line. MOOM M1. • • • 1 COMMISSIONERS *y 19, 1984 rn o � � v � City of Newport Beach A Motion All Ayes I 3. That no landscaping shall be permitted at grade in the 5-foot rear yard setback adjacent to the alley. Furthermore, that the portion of the building that is permitted to encroach 216" into the rear yard setback shall have a minimum ground clearance of e feet. 4. That the proposed wall shown.adjacent to East Bay Avenue shall be reduced in height to three feet. 5. That the proposed skylights shall be redesigned to conform to the requirements set forth in the Zoning Code. 6. That all applicable Conditions of Tentative Map of Tract No. 12208 be fulfilled. MINUTES 7. That this use permit shall expire if not ehercised within 24 months in accordance with Section 20.80.090A of the Municipal Code. Motion was made for approval of Residential Coastal Development Permit No. 6, subject to the Findings and Conditions set forth in Exhibit "A", which MOTION CARRIED. Findings: 1. That the proposed development is not exempt from the provisions of State law relative to low- and moderate - income housing units within the Coastal Zone. 2. That the Planning Commission has determined that it is feasible to provide one on -site rental or owner ship unit that is affordable to a moderate -income household, as defined by the County of Orange. -21- COMMISS19, 1984 i .. IONERS MINUTES m o x City of Newport Beach ROLL CALL IJI I INDEX II II I I I Condition 1. That all conditions of the Tentative Map of Tract No. 12208 and Use Permit No. 3101 shall be fulfilled. Planning Commission recessed at 9:15 p.m. and reconvened at 9:30 p.m. * * * *Note: Commissioner King stated that he neglected to include additional Conditions in the motion on Agenda Item No. 4 to require the provision of glass -fronted fireplaces and artificial logs, which the applicant agreed to provide in response to the concerns of adjacent residents. Commis- sioner King requested that the City Council be advised of this omission so that it can consider imposing said Condi- tions at the time Use Permit No. 3101, Residential Coastal Development Permit No. 6, and the Tentative Map of Tract 12208 are before the City Council. Use Permit No. 3.103 (Public Hearing) Request to change the operational characteristics of the "Studio Cafe" Restaurant with on -sale alcoholic beverages (formerly the Hungry Tiger) so as to allow live enter- tainment in conjunction with the restaurant operation. .LO ION: Parcel No. 1 of Parcel Map 107-40, Resubdivision No. 552), located at 3201 East Coast Highway on the south- westerly side of East Coast Highway at the easterly terminus of Bay- . side Drive, in Corona del Mar. ZONE: C-1 APPLICANT: Studio Caf Corona del Mar OWNER: Eugene Boero, Cor a del Mar -22- Item #5 U.P. #310-� Continued to 8/9/84 0 0 OFFICE OF THE CITY ATTORNEY May 6, 1985 To: Bill Laycock Jim Hewicker From: Robert H. Burnham - City Attorney Re: Ed Wale - Park Fee Credit - Plummer Court Please consider this a response to your request for an opinion regarding Mr. Wale's letter, dated February 28, 1985 for Park Fee credit in conjunction with Tentative Tract Map No. 12208. Approval of the Tract Map was conditioned upon the payment o,f the fees required by the Park Dedication Ordinance. At the time of approval, the property subject to the Map was improved with 10 "motel" units which had been rented very infrequently. You have asked to be given credit for the 10 units, a credit which would eliminate any fee requirements. I have reviewed Mr. Wale's letter, the facts contained in the staff reports prepared for Commission and Council review, and discussed his request with Planning staff. It is my opinion that the Planning Department has correctly determined that Mr. Wale is not entitled to any credit. The reasons for that opinion can be summarized as follows: 1. The Plummer Court project was processed under the "new development" provisions of City Council Policy P-1 and the Mello Bill. The project qualified for this treatment because of Mr. Wale's representation that the existing units were rented only during summer months and only on a transient basis. This suggests that these units, unlike structures occupied by permanent residents, did not create any demand for parkland. It is inconsistent to treat the project as new development for purposes of Council P-1 and the Mello Bill, but • 0 consider it fully developed with permanent residential structures for purposes of the Park Dedication Ordinance; 2. The City is not empowered to require the dedication of parkland, or the payment of park fees, as a condition to the approval of subdivision maps for construction of motels, hotels or similar units. In restricting the power of the City in such cases, the Legislature has made a determination that this type of transient occupancy does not increase the demand for park and open space land within a municipality. Given this Legislative determination, and the inability of a City to require dedication, or fees, upon the construction of such units, it seems inappropriate to give park credit once the units are demolished; 3. The staff report submitted to the Planning Commission and City Council specifically states that "the applicant will be required to pay approximately $45,261.00 pursuant to the Park Dedication Ordinance. During the public hearings on the tentative tract map, Mr. Wale expressed opposition to two conditions unrelated to the ,park dedication requirements, but at no time challenged the assumption of staff that fees would be required; Q� AW/Wale The decision to grant "park dedication credits" for existing residential units must be made by the Planning Commission and City Council. Both those bodies were aware of the existing, unoccuped units and had the opportunity to grant park credit if it was their desire to do so. The approval of the project with the conditions recommended by staff suggest that the decision not to grant credit has already been made. Robert H. Burnham City Attorney COMMISSIONERS 19, 1984 MINUTES m m a = City of Newport Beach ROLL CALL III Iii I INDEX Substitute Motion Ayes Nayes x All Ayes FAF2 x Substitute motion was made for approval of Tentative Tract Map No. 12208, subject to the Findings and Conditions, - contained in Exhibit "A", with revisions as follows:/ 1) That Finding No. 5 be deleted; and 2) That Condition No. 12 be revised to read, "That the project be redesigned so that all vehicular access to the property be from the adjacent alley." Commissioner Person clarified that his vote to support the project in question should not be construed as'his approval of the area zoning. Commissioner Person advised that the Planning Commission does not have the power to rezone property once an applicant submits a development application.' Provided a project conforms with existing City standards and is appropriate in terms of the currently existing zoning, Commissioner Person stated that he is reluctant to redesign or deny a project. e Commissioner King indicated his concurrence with Commis- sioner Person's statement. Commissioner King discussed his support for the project, commenting that all of the tenants' vehicles will be enabled to park on -site, rather than on the street. Commissioner Goff's amended motion was then voted on and FAILED. Commissioner King's original motion was then voted on and CARRIED. TENTATIVE TRACT MAP NO. 12208 Findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed subdivision presents no problems from a planning standpoint. -16- ' COMMISSIONERS 0 19, 1984 • MINUTES m n x � v 'vm o'er A0!i -4 m a + m of Newoort Beach 3. That the site is physically suitable for the develop- ment proposed. 4: That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 5. That approval of curb openings on Cypress Street will not result in the loss of on -street parking spaces,, inasmuch as parking is presently not per- mitted on the westerly side of Cypress Street. 6. That the Planning Commission has determined that the inclusion of one unit affordable to a County moderate - income family within the project is feasible. CONDITIONS: 1. That a final map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. ,That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a final map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That a 15-foot radius corner cutoff at the corner of Cypress Street and East Bay Avenue be dedicated to the public. -17- INDEX COMMISSIONERS 19, 1984 MINUTES m o x f �E v � m n m City of Newport Beach ROLL CALL INDEX 7. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Depart- ment and the Public Works Department. S. That street, drainage and utility improvements be shown on. standard improvement plans prepared by a licensed civil engineer. 9. That a hydrology and hydraulic study be prepared and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the final map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That prior to issuance of any, grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the City's Utilities Department. That PCC gutter be constructed along the East Bay Avenue frontage and that any deteriorated curb and sidewalk be reconstructed; that the curb and gutter along Cypress Street be reconstructed to provide drainage along with the construction of a storm drain system if required; that the deteriorated sidewalk along the Cypress Street frontage be reconstructed; that a 20' radius curb return be constructed along with a curb access ramp per City STD 181-L at the intersection of Cypress Street and East Bay Avenue; that the adjacent unimproved 15' wide alley be improved with concrete per City STD 140-L; that the existing substandard alley approach on East Bay be reconstructed per City Standards; and that street lights (per City STD 200-L) be provided along the East Bay frontage and Cypress Street frontage as approved by the Public Works Department. -18- 0 19, 1984 MINUTES m n x f � m o � Motion All Ayes of Newport Beach 12. That approval of the City Council shall be obtained for the proposed curb openings on Cypress Street or the project shall be redesigned so that all vehicular access to the property is from the adjacent alley. 13. That prior to the recordation of the Final Tract Map, the applicant shall pay the required fees 'pursuant -to the requirements of the Park Dedication Ordinance. 14. That prior to the recordation of the Final Tract Map, the applicant shall enter into an agreement with the City guaranteeing the provision of one unit affordable to a County moderate income family for a period of no less than 10 years. Motion was made 'for approval of Use Permit No. 3101, sub- ject to the Findings and Conditions set forth in Exhibit "A", which MOTION CARRIED. USE PERMIT NO. 3101 Findings: 1. 'That each of the proposed units has been designed as a condominium with separate individual utility connections. 2. The project, as conditioned, will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which'the proposed project is located at the time of approval, except for a side yard encroachment. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. That the proposed development is consistent with the General Plan and Adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. -19- INDEX 0 19, 1984 is MINUTES m o x • 9 � City of Newport Beach INDEX 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the use or building applied for will not, under the circum- stances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 7. The proposed side yard setback encroachment is compara- ble to existing setbacks of other properties in the are< and adequate open space will be provided elsewhere on the site. Therefore, approval of the requested encroachment will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of per- sons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the pro- posed modification is consistent with the legislative intent of Title 20 of this Code. S. That the proposed use will be less intensive than the existing use (as defined in Section 15.38 of the Municipal Code), and therefore, a fair -share contri- bution is not warranted in this case. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and eleva- tions, except as noted below. 2. That the structure shall be redesigned so as to main- tain the required 3-foot front yard setback along Cypress Street; and a minimum setback of 5 feet adja- cent to the northerly side property line. -20- COMMISSIONERS &1 19, 1984 ` MINUTES m n � V n City of Newport Beach ROLL CALL I I I INDEX Motion All Ayes 3. That no landscaping shall be permitted at grade in the 5-foot rear yard setback adjacent to the alley. Furthermore, that the portion of the building that is permitted to encroach 2'6" into the rear yard setback shall have a minimum ground clearance of 8 feet. 4. That the proposed wall shown adjacent to East Bay Avenue shall be reduced in height to three feet. 5. That the proposed skylights shall be redesigned to conform to the requirements set forth in the Zoning Code. 6. That all applicable Conditions of Tentative Map of Tract No. 12208 be fulfilled. 7. That this use permit shall expire if not exercised within 24 months in accordance with Section 20.80.090A of the Municipal Code. Motion was made for approval of Residential Coastal Development Permit No. 6, subject to the Findings and Conditions set forth in Exhibit "A", which MOTION CARRIED. Findings: 1. That the proposed development is not exempt from the provisions of State law relative to low- and moderate - income housing units within the Coastal Zone. 2. That the Planning Commission has determined that it is feasible to provide one on -site rental or owner- ship unit that is affordable to a moderate -income household, as defined by the County of Orange. -21- •y 19, 1984 MINUTES m o � v � City of Newport Beach Condition 1. That all conditions of the Tentative Map of Tract No. 12208 and Use Permit No. 3101 shall be fulfilled. * * * Planning Commission recessed at 9:15 p.m. and reconvened at 9:30 p.m. *Note: Commissioner King stated that he neglected to include additional Conditions in the motion on Agenda Item No. 4 to require the provision of glass -fronted fireplaces and artificial logs, which the applicant agreed to provide in response to the concerns of adjacent residents. commis- sioner King requested that the City Council be advised of this omission so that it can consider imposing said condi- tions at the time Use Permit No. 13101, Residential Coastal Development Permit No. 6, and the Tentative Map of Tract 12208 are before the City Council. Use Permit No. 3103 (Public Hearing) Request to change the operational characteristics of the "Studio Cafe" Restaurant with on -sale alcoholic beverages (formerly the Hungry Tiger) so as to allow live enter- tainment in conjunction with the restaurant operation. Parcel No. 1 of Parcel Map 107-40, Resubdivision No. 552), located at 3201 East Coast Highway on the south- westerly side of East Coast Highway at the easterly terminus of Bay - side Drive, in Corona del Mar. ZONE: C-1 APPLICANT: Studio Caf-d,).,Corona del Max, OWNER: Eugene Boero, Corbka del Mar INDEX Item $5 U.P. n310" Continued to 8/9/84 -22- RAC �e Insi ��ED n 0� �9gy1 �g r N� BS MEMORANDUM 6 C44 EgCN OFFICE OF THE CITY ATTORNEY May 6, 1985 To: Bill Laycock Jim Hewicker From: Robert H. Burnham - City Attorney Re: Ed Wale - Park Fee Credit - Pluniner Court Please consider this a response to your request for an opinion regarding Mr. Wale's letter, dated February 28, 1985 for Park Fee credit in conjunction with Tentative Tract Map No. 12208. Approval of the Tract Map was conditioned upon the payment of the fees required by the Park Dedication Ordinance. At the time of approval, the property subject to the Map was improved with 10 "motel" units which had been rented very infrequently. You have asked to be given credit for the 10 units, a credit which would eliminate any fee requirements. I have reviewed Mr. Wale's letter, the facts contained in the staff reports prepared for Commission and Council review, and discussed his request with Planning staff. It is my opinion that the Planning Department has correctly determined that Mr. Wale is not entitled to any credit. The reasons for that opinion can be summarized as follows: 1. The Plummer Court project was processed under the "new development" provisions of City Council Policy P-1 and the Mello Bill. The project qualified for this treatment because of Mr. Wale's representation that the existing units were rented only during sunnier months and only on a transient basis. This suggests that these units, unlike structures occupied by permanent residents, did not create any demand for parkland. It is inconsistent to treat the project as new development for purposes of Council P-1 and the Mello Bill, but consider it fully developed with permanent residential structures for purposes of the Park Dedication Ordinance; 2. The City is not empowered to require the dedication of parkland, or the payment of park fees, as a condition tc the approval of subdivision maps for construction of motels, hotels or similar units. In restricting the power of the City in such cases, the Legislature has made a determination that this type of transient occupancy does not increase the demand for park and open space land within a municipality. Given this Legislative determination, and the inability of a City to require dedication, or fees, upon the construction of such units, it seems inappropriate to give park credit once the units are demolished; 3. The staff report submitted to the Planning Commission and City Council specifically states that "the applicant will be required to pay approximately $45,261.00 pursuant to the Park Dedication Ordinance. During the public hearings on the tentative tract map, Mr. Wale expressed opposition to two conditions unrelated to the %park dedication requirements, but at no time challenged the assumption of staff that fees would be required.; 4. The decision to grant "park dedication credits" for existing residential units must be made by the Planning Commission and City Council. Both those bodies were aware of -the existing, unoccuped units and had the opportunity to grant park credit if it was their desire to do so. The approval of the project with the conditions recommended by staff suggest that the decision not to grant credit has already been made. Robert H., Burnham City Attorney MMP/Wa l e TO: City Council - 2. Background At its meeting of July 19, 1984, the Planning Commission voted unanimously to approve the Tentative Map of Tract No. 12208, Use Permit No. 3101, and Resi- dential Coastal Development Permit No. 6. A modification to the Zoning Code also was approved so as to allow a 6' 7" building encroachment into the required 11' 7" northerly side yard setback area. The approval also=included the requirement of one on -site "affordable unit" with the affordable nature of the unit guaranteed for a period of ten years. Said applications were approved with the Findings and subject to the Conditions of Approval as follows: TENTATIVE MAP OF TRACT NO. 12208 FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable General or Specific Plans, and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed subdivision presents no problems from a planning standpoint. ---a. That the site is physically suitable for the development proposed. 4. That the design of the subdivision or the proposed improvements will not conflict, with any easements, acquired by the public at large, for access throughlor use of property within the proposed subdivision. 5. That approval of curb openings on Cypress Street will not result in the loss of on -street parking spaces inasmuch as parking presently is not permitted on the westerly side of Cypress Street. 6. That the Planning Commission has determined that the inclusion of one unit affordable to a County moderate -income family within the project is feasible. CONDITIONS: 1. That a final map be recorded.l%R�o/i.� d2d6 /�rPiW/7S� 2."'/ That all improvements be constructed as required by ordinance and the Public Works Department. 3. ✓That a standard subdivision agreement and accompanying surety be 'provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a final map or obtain a building permit prior to completion of the public improvements. 4. %/ That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. f— TO; City Co it - 3. 5. VThat the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. ✓ That a fifteen foot radius corner cutoff at the corner of Cypress Street and East Bay Avenue be dedicated to the public. 7.✓ That landscape plans shall be subject to review and approval of the -Parks, Beaches and Recreation Department and the Public Works Department. B.�,-That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 9. Vifhat a hydrology and hydraulic study be prepared and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the final map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 10. ✓That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that.adequate sewer facilities will be available for the project. Such demonstration shall include verification from the City's Utilities Department. ll.vl*'That PCC gutter be constructed along the East Bay Avenue frontage and that any deteriorated curb and sidewalk be reconstructed; that the curb and gutter along Cypress Street be reconstructed to provide drainage along with the construction of a storm drain system if required; that the deteriorated sidewalk along the Cypress Street frontage be reconstructed; that a 20' radius curb return be constructed along with a curb access ramp per City STD 181-L at the intersection of Cypress Street and East Bay Avenue; that the adjacent unimproved 15' wide alley be improved with concrete per City STD 140-L; that the existing substandard alley approach on East Bay be reconstructed per City Standards; and that street lights (per City STD 200-L) be provided along the East Bay frontage and Cypress Street frontage as approved by the Public Works Department. 12.,,/ That approval of the City Council shall be obtained for the proposed curb openings on Cypress Street, or the project shall be redesigned so that all vehicular access to the property is from the adjacent alley. 13.V That prior to the recordation of the Final Tract Map, the applicant shall pay the required fees pursuant to the requirements of the Park Dedication Ordinance. 14. VThat prior to the recordation of the Final Tract Map, the applicant shall enter into an agreement with the City guaranteeing the provision of one unit affordable to a County moderate -income family for a period of no less than ten years. v ` s TO: City Cou cil - 4. USE PERMIT NO. 3101 FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate individual utility connections. , 2. The project, as conditioned, will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval, except for a side yard encroachment. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. That the proposed development is consistent with the General Plan and Adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detri- mental to the health, safety, peace, comfort -and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighbor- hood or the general welfare of the City. 7. The proposed side yard setback encroachment is comparable to existing setbacks of other properties in the area and adequate open space will be provided elsewhere on the site. Therefore, approval of the requested encroachment will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighbor- hood or the general welfare of the City, and further, that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 8. That the proposed use will be less intensive than the existing use (as defined in Section 15.38 of the Municipal Code), and therefore, a fair - share contribution is not warranted in this case. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That the structure shall be redesigned so as to maintain the required three foot front yard setback along Cypress Street; and a minimum setback of five feet adjacent to the northerly side property line. To: City Co cil - 5. 3. That no landscaping shall be permitted at grade in the five foot rear yard setback adjacent to the alley. Furthermore, that the portion of the building that is permitted to encroach 216" into the rear yard setback shall have a minimum ground clearance of eight feet. 4. That the proposed wall shown adjacent to East Bay Avenue shall be reduced — in height to three feet. Jr S. That the proposed skylights shall be redesigned to conform to the require- ments set forth in the Zoning Code. 6. That all applicable Conditions of Tentative Map of Tract No. 12208 be fulfilled. 7. That this use permit shall expire if not exercised within twenty-four months in accordance with Section 20.80.090 A of the Municipal Code. COASTAL DEVELOPMENT PERMIT NO. 6 FINDINGS: 1. That the proposed development is not exempt from the provisions of State Law relative to low- and moderate -income housing units within the Coastal Zone. 2. That the Planning Commission has determined that it is feasible to provide one on -site rental or ownership unit that is affordable to a moderate - income household, as defined by the County of Orange. CONDITION: 1. That all Conditions of the Tentative Map of Tract No. 12208 and Use Permit No. 3101 shall be fulfilled. Staff had also recommended the approval of these applications, inasmuch as the proposed development substantially conforms with all applicable development standards for the R-4 District, with the exception of the items discussed in the following sections. Northerly Side Yard Encroachment In order for the proposed building to be considered a two-story structure per the Uniform Building Code, the applicant proposes to raise the grade along a minimum of 50% of the perimeter of the building so that half of the garage level will be a minimum of six feet below finished grade. This proposal is acceptable to the Building Department provided that the building maintains a minimum setback of five feet from the property line in areas where the grade is to be raised. According to the Building Department, it will be necessary for the plans to be slightly revised so as to provide the required five foot setback adjacent to the interior side property line. r VICINITY IWAP' No SCALC �/4C/FjG 'a+` OC�q 1 - -,�uno[K[firs/arts: -- - - -_ ` �!. .V11 ,at'O.t'X' SN.-i�d4 "Cfl.3'ieC 'T,�-;JAiY:0i7Rl�,.S-/;7SJ S.�'GJ%Y,�.+','>:.2'1',.' `Bc:t . CD/�!STRULT/ON NDTE5 QuANT/TIES- 1. tY .t.:..mn:. .[..n.ttmn1mr,.bt„t.;,:rt .t: n� r, r r/Tr.of ��ls �c�T /% - - L"fill III", troll N m .twat ,av I atIAnow M t [frith Who .bell row ant, ' ... tote PPS rels".. trFertl« eY[ M On'tialami MrINt. - •. 2 "• �y y /1Lr /-••t7�FJI'�. fie' %- C- T• '^� :l "?, v <Xc� s, i✓t; 'r� 5t ' GENERAL NOTES `.l, M. .e.m.f w:. at.Ktt. ffl..-.bell N <mpR,N r155). T.yE SOILS .�/1`U`r,+!'F<<'iC"S'• It'��.-��v,^S'SEA/T.�T/✓� O C,GONSTRUGT P/Sv/F(Gf /vEFZ QRGH/TEGTURA� DRAW1N45 750 $Q F% - A "War'. center Shelf by ram rtM. q[reped q lb„«u. e.ftaa. m«nriMe --at- -- ' -• , ' , ., Shelf H PHlelri .«roatrMp Marl 2 tact M w[HMl P.f fht fad of w(f tcaNt .Ml, .. CNe tM C3{rd YrYrer[ frecF• - tar.S(ty M au., to Me ewrall tfaPKu« byte.."ItN to ,a fill aeon 3 - - _ - • 2 %.C' b. '.• C ; It iU.1.:d } C/-�r'l .' e,.?pKT,Sq�-pps+.+ fti/z�.P_. �, i _,tr ,Jl._ O _ CONST/lUG7 �arrP.G.C. PAv.N� 750 SQFT - 3! lit ,o . 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L�- :. r ;, y/ Bt J .f 12 ?- i - be a.putrd be lbe at: tarsi[' init...I MN PtouaYrf..bell Wl ,be Mta«n.129aof aMefole t«tl« of the city ,Md MI Code. t]. IaMrupa, at .11 M'N and «i. Ma11 a la a.ofldeeN .at. it. City a,NtK Cad. -..d PtdirnM m. uu, . ' -' }lea aNgw iMM.,e Null m .!Dube. a4N NMt. fr.11 bid, Ni .la.. a+.. ' ' 1). 43 ew flow Mall m M.Aaf, N mM each, aN aluf FNta, iy w a w,iN.,M, •a' •,tall ltf smda i,aie.. O CONSTRUCT STONE WALL PE.P ARGN/TEGTUR.9,L DRAWINGS. n. Fail.. 1. Mtw.i M.Pet<.mt ivd/N hit. lirwel..M.M. Mori.1 dwte.• en -. St. <ra.Ntt« car NN.YN aaw4 at fofruat tM M.fta aMet., to are, ,SMI &MM.. [Moleflr[ r[ Me aPMNl.rr I. a1Wt rthlt 4 f.rlel[xe of tM [eNn«tlev ftM i1.anYP ie«at.. - iail rMror.M Mature [,«rant [e Me Cl[t LtNtef t[•t1v.1r tK iPptwrl. I, /la '$7`AuG'7• 25" tea( 17 ONZG Cg d >•y- � / 2 O" ,f .y„ y4N �, ecu =W Y ✓-/fV ! 1 /�L/ / r LJ/� L '•(I Yt I t� II L aY /! i/ 4..V u--/� b [Ibt1W COYI[0.: - - _ • - u. _ Tq tP.. Sy In aK«rt ., ban«sale, a e. AheI. NaYLl ono1.",b t m,,MaA, fa be dal, M 1. •lean rtl, tYaett eesi,n, tNla{frt W aryl ,atMa laCMti.p i 1 • /[ �• / p eat. ' , G W,ul re-cA/� /N.JUSra/Es1 C7/4 /•f-/- 52[// � /KS 1 �w-W O PErZ Y. Taoe,Ky enaMt rovtNl IMr mi ra•1..! era Preach[ IS [o we ts_ - SWA "M, ..la [P1ta3Kt.a m tK Ca,Y ,[ache m.tnNr .rat tJ MnM[ta<ISM. Ea t... I I MAaVUFACTURER'J SPEC/F/GgTIONS I. -A. . mrMar 12 AAA .115, eMNm a. .1 v... hall be [. Pl.r. w tM Coal 11. the ..,Maine fatetut ..d .11..a,Mot, 1.1, .Port .m Met 'h, Met MMa« of tli m[G.wa fill.. MI NrN, M ,M M.elyaq of the slope and Ntfta['nr,x nrn A A 9 ft lt *7h WerY, day her PmwNNa)fiW }t-y ".bIwo b fWe. JPi, ;Mafia•', / Me evlei.r of r« year. tMY'.bbil a ,t Plat. as Me fed et AM N.Pda, 44Y YhNw.f KN on"'.91M. - ,hi 4.01 ..Wall fr.MbUl" bYtlN. Spiv 1• - •. In oz .'uat to tu {., .Mfia^n.rrnt a bNMcb, L N, aitoly t:e[nMe td W[11 t.raall `i pj9 ). IM4.1.In t.. [Pall be .mutar, fee awrtral. Wort emae[d and a M,tltlaott of p t I ape eti,lWi , I... fry, A onett b ,be aMlo.ell•t lace{.., s[M fe,M se,lvq • MercrN eau A Wel..1 rof.lwd b lP. CAS, ,r.dl.( ,ttaaft prier to y CredM of Nrur, rlw. • wlver o[ ema t«attMPK.PM Nw M[Nrd face to Clry anoint l beM.rq bLM,t .111 Ya P}wN. - s .� TNPenry A.11,wk bat«Caren 'Matrix N� Tali N M.t.n.f .M WN.M.d far be "rut- of tm.P,o]ftt- 1e. If. ib.fyM«rla t«igbt [bell Nlt.- "Indit M.""weas A.,.,'Matter'. lbeifloftl.n.f Pm-raePl If. lMff I - ' jade: M Me ran• at hull!M{ 4Mpeeabtl lty. Me I/< O elrll a.{lr pax. the it. fnPenMr, the ..'!fame,'ale...... to MXIe, alenry find. Mar inton 1. ,fen, dope le oel.r«nM With he "reaN ".,I, "Me, ` ' . 1. l pro -{rod", «fllol fall be .Meduled M aurt PHo, to .tart 01 lnd,n, With the - rM it KxgaKNa Mall N MPK[N IaaU1,11 M ar[tl.f M 1« "Men le trot,. of the sted,nt art fee to .be City UMIA, Coffee.. "Mv.d.[tan. fey rt,rK,le. � 0 falwtt, Pmpte NNrnt[ w..,• ltadie, tmtrarfer, deal" al.11 AIM..[, w11. .It ... 1. {NIofA[. City ,reol., k"Maert• at Mein tape apir.d field - WeseeM.. It Nrfns ry..Nlt b, .uaN,Md [f Ns <MY ,Mat., CNlme, ter ,PProvt. N N A A I 1. 1Kact teN rut be'ouchaa at the aecfne. i prr-pNUL «.ill, Mall be .<he/Wlwd „mare Prior to .tart or eve hb-,dad. obcli!¢IlGrtal- - � 1. M fa -roll. vael., NM P.eNMd PY M. item ..'Ma'; ia[l Yet., .rt,iul Kowa 0' X. � 1 v e- ' p.pen[1. fer to. pe.M, rta Me Mil«M, i[rofie-Pr.... l:, amMr, pwM, fmM.c.°f• /NIPn C1,t1 fnlfaer. btlM lnfleeK. CI[l Realm, ,ntin.,r at fill[ MP,.rentativ.t. arfae .1Nrrbef, be-Irod., ,rwN ...fee. NwNI•r,f, let KMIne« be...tr at. 2satiNf. •N slevatMN of all tYlfaee And aJ-arl... I,a1Nle (f.alltlf.. Pe .all aNlMi 11.1e ta.ai[aen..nl A. orlt..4 At M. w,M, 1-rade torch .PPnnt Me, he w,t We. den. In KMrd«M drP ,m Hat "'roved - frNlt, paw. ant rt ML W fret of Nrds of e., at./ear (Ht r.N fact., Me orwtioa. I I 2. . fill [Wile{ to«n N.NM, by tK if. «PIeNC eml•d M, IK„lms ,ed flw.rima of field it, Mat.. ..,IN •r fM1i at. IM.MMq .MYI[..We ...at «est-tla.M, "M. .M refa.M nee .dy [ae«, W. dn," "acre ..i [MLr effort m MA ._.AAA_ SMa at avb N,lewneA ...Ky,a[b. Mart. We Mhalf ...vide Wrl"Wo ' I fpp[f.rl A. 1e Met N"Wer, at the .It. far be M[«bd \N J. ♦ tNIt tle {ofd ie, Mpe.1 er1PKN by . I mall...{ ,alY,IN; ter! Alert, t [lml � � 57 iMMradioa et e 1 {After u- An It., Ill{ sa vet MMe.M.l.f .ifeuMd .franc (\, a � V [M'pNl.,, rM at. e(t<rt et • a Me«aNfeteN lw.porrad It [M IIIPPP[[[ggq d �4' 49�FC L \ \ \ \ \ \ \ \ \ I ![Mlle, atPlan. a Yef.a1, te•.,ar .relatn .PPA+ft a M Mf .Wary er tbe .1{ewer .[ U�] _]�1 \ \\ _1�1 ��1 J SEWER tM Maalan N alMMfd do {«tt,le IsnKf. `\V`+I / �Y J GL EANO UT � I ' 2 S f aa<v' to .0�.r AA�� ` k ki0 pLR has .,. - 4 0A. G. !✓ATeR Fay MtiAIN` •y\F' N l'1442 a✓\ S h T - 014 -". � \fig • 'S2/ .\F5.- $Z/F � � • sZ� _ ,• �5. , if y:L 2 FS. , - S? 2 . S e 6''X l 2 . �s • • `.� hti\ cnee ,d..W7 Of Tye S k J� Sp, a 11-25 FF I sT FLOOR i 10 Z ` / :--<x �. rn - j °"• r y ( Y `A`� i� t,8 PAD \S4s G _ \ 5/ letCr o �/ 2 k, 8s e \g, EX I ST CONc . 1 6L DG, u O Ui 9_2-`: TO. 1 LAND- \ N/ 9.2.SFF. 8.7 Rse / Jill v 6 Gi EARTHWORK QUANTITIES EXCAVATION FILL EARTHWORK \ 50 CY. 340 CY. SUBIDENCE 0.31 11OCY. IMPORT 400 CY. TOTALS 450 CY. 450 CY. 'COMPACTED IN PLACE NOTE: EARTHWORK QUANTITIES SHOWN HEREON. ARE APPROXIMATE ONLY AND ARE PROVIDED AS A' -BASIS FOR THE COMPARISON OF BIDS AND WHEN REQUIRED BY GOVERNMENTAL AGENCIES. QUANTITIES ON THESE PLANS INCLUDE FILL REQUIRED ONLY UNDER BUILDING PADS AND THE CENTRAL COURTYARD AND DO NOT INCLUDE FILL REQUIRED LO i - 1?'-�� 72 ��- ;��' =�- - �..' r, ,,,A1'4 ��N' � � � � (THIS UN/r � t pi AHD FOR BERMS OUTSIDE BUILDING AREAS, OR ALLOWANCES FOR SPOILS �. < �4g. Q ,. �5 oNl Y) �AP14% 1 l/ 1Lt ILL ql ati ti r /,�c -� \'I \ i''� a 1� tip' FROM FOOTING AND UTILITY TRENCH EXCAVATION. THE CONTRACTOR e, v t:.�.. N� ro YU \ \ K'4�z�y �%f,��?*b", Rty// r..'�eI .u,p. 4) $ - - ° o l L / �; of SHALL MAKE HIS OWN ESTIMATE OF EARTHWORK QUANTITIES AND 1 .� �� 4,^ a � n F. - � b/pry,,, � j�.rl Y •n) 'e�i'1 B S 3 _ _ . ADVISE THE ENGINEER IF THERE ARE ANY DISCREPANCIES. n1 )c�� .'yl'�-y . c, , r< ; / Q 1 NP �t�. Ar ,,,a O 7 C - _ - 5�.9 Sea/ �q�' �1•• _ �, .c\ p \ ) > \'1' S �A� s Q f > ��\ ! R0 GURQ DRAIN PEt Cl. 2 6 sea 'Ts 2. �• y y i _ 2 "t - F• F• k• r�'� z�\T- oi' 'IF.•v. •Sea _ �� f. 04-1� • �. � YI < f - CA7L N BA5/N -- -- - \ O ,Lea Q ^ (' N �% Q4• NS4/ 5/dEW, LK CURB GvrrAfAz 571e6 T /MPRovfMENT Pi.tN L PIPE �I �' r J Saw �a. F -.0 o4)f I a 60) t, � . - pphN 8'A.G. WATER MAIN �k' (A`k0 ry -- - q V, c. Pea 5E1Wv6A oN Sit- ` Z N51'0311?"E I P'� lA� 3 2)FL j "°.��I k•�k°� CYP ESS STRLE Al EGEND OWNER SOIL S ENG/NEER cc NI .B. N. = B AGK OF W14LAI G. = GAS L /NE Tea et. th TOP OF• GRAre W44E OeVELOPMEA%T 'CORP. ,qCT/ON fNG/NEER/NG Q I_J CA =GU.PB "CE H.P.=N/GHPO/NT lnN.> //NEAT /7742 411raAlELL 5'% /630 6 SOUTf! SUNK/ST F.G. =FINISH GQAOB L.S. ' L16W7 SZ4,VWP O 441,9WFIM, CA. 92806 Z SCALE >�i•10f F.H- =Re. ' HYO,PA/YT S. _SE'R GYEL1/VE CA' AelllA/E , . 9271¢ 3 CT/4) 64-209Z a At. -FLOW L!N&" T.C. - 70,0 OF C41R.8 F S. = FINISH S URP.9GE T-W- = TOP OF A/ALL ' PRIVATE ENGINEERS NOTICE TO CONTRACTORS - SHOWN ON THESE PLANS WERE - • w //-- h L EVAL DESCR/P T/ON - BENCH /LIA.P�C THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTtWTY PIPES OR STRUCTURES . _ 0 C.S. w L 792 OBTAINED BY A SEARCH OF THE AVAILABLE RECORDS. TO THE BEST OF OUR KNOWLEDGE THERE ARE NO EXISTING - C171 OF IVE`YOG.PT BE.04,V AOavC04GVL ' UTILITIES EXCEPT AS SHOWN ON THESE PLANS, THE CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY MEASURES " LOTS Tea g. 9iO,1/AND/2 IN BLOG,:� 1 OF BALBOA B.9yS/OE TiPiOGTj PE,P USC e6.57 BRASS D/SK STAMPfO '2702 IfOS" AT Tf/E ' T G/ TO PROTECT THE UTILITIES AND STRUCTURES SHOWN AND ANY OTHER LINES OR STRUCTURES NOT OF RECORD OR , r NOT SHOWN ON THESE PLANS. MAP RECORDED /A/ BOOK 9, ?oGE 780E /Lf/SCELLA/YEOUS A/i9PS, 1111NC7/ON 01r B1/JLBOA BOULE"eP ANO 19LANDAVZ1VUE, 4tr /A SOUTy OF 7, a THE CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS' - RECORDS Of O,PANGe GOUNTr E.YCEPT/NG F,POit! Sr4/O LOTS /O ANO Gel 4? Of' T/,'E ENT.PAJVLE DOOR TO THE NEl4'PORT //ARBOR PURL/G L/B.PARy DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT. INCLUDING SAFETY OF ALL PERSONS AND PROPERTY, // T-"7 PD.eT/ON CON4EYE0 TO T1/E C/Ty OF /UEWAORT .8E.1104f1 9,v . 8.2FEE7 6YES7- OF Th'E Il/EST CU,PB OF /SLs'i1/O WZV614; NORTH OF 7HE _ THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT FIE LImrrED TO NORMAL WORKING HOURS AND OEEO DATED t/OLy 13 1?26 .PEGO,PDED AUGUST /O, IP26 /,V twow 666, vwc 1YO.e711 Cf/RB OF B.OLBOA BOULEi/A/zD, P1USH dW1711 THE CONCRETE S/OEN',vLK, - -. THATTHE CONTRACTOR SIIALI. DEFEND, INDEMNIYtY, AND HOLD THE OWNER AND ENGINP.Ii9"I[ARMLES4 FROM ANY, AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT EXCEPTING 396 OF DEEDS ,L�ESO/POS 0i O/?.>7/YGE CO!//YTi: - AA/O SET //Y T//E TO? OF A CONC.4?Z7E POST. 19!2" 7.e362 /976 AOd. FOR LIABILITY ARISING FRO161 THE SOLE NEGLIGENCE OE.THE OWNER OR THE ENGINEER, - _ - BY: - DATE REVISIONS BY ofm 0� ci) W t� co w w w O (••' Q a 0 V) Q J 4J Oi ,ISM• }m W OUP Z o CD �Zn ui CD al W Lu O N 2 0 Q. cr m a p cc j Mai a� 0 A0 fi 0 WttM N Feate 0) J tap Z J Ll: 00 =J� V.J HUi`Wa' w �-� W w 0 w O Nj0 to x i..�a. w _j W 1iW 0 Q 0 W W a .J 6- Q m F. W Co -WQ Z -O c6m W Nlaae N CI cr a 0 LL D W abor0 z CIA. z VW0 a� _ OL F- U WV F- w -05 F- < LL OW �cr. F- 0 ow �z 0 coo UQ U Ww W t ^ V Z w � � z Of DATE Nov. 3v1 I`IL34- SCALE IfI=i17 DRAWN Gi.J. IG. JOB 14�134, SHEET I OF . ' SHEETS .DRAFTING FORM NO 101 id - - _- _ •-•- -- - - -