HomeMy WebLinkAbout3/9/1992MY OF DIAMOND BAR PLANNING COAD ''SIGN
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
AUDITORIUM
21865 E. COPLEY DRIVE
DIAMOND BAR, CA' 91765
March 9, 1992
,CALL TO ORDER: 7:00 pm
PLEDGE OF ALLEGIANCE
ROLL.CALL: COMMISSIONERS: Chairman Grothe, Vice Chairman
MacBride, Flamenbaum, Li and Meyer
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the
members of the Planning Commission on any item that is within
their jurisdiction, allowing the public an opportunity to speak on
non-public hearing and non -agenda items.
1. MINUTES: Minutes of February 24, 1992
OLD BUSINESS: None
NEW BUSINESS: None
CONTINUED PUBLIC HEARING
2. Administrative Development Review No. 92-1/Oak Tree Permit
92-1
A request to remove two (2) oak trees in conjunction with
the construction of a single family residence of approx-
imately 9,000 sq. -ft. on an approximately 1.5 acre lot
located in the private gated community known as theCountry
Estates. The project address is 2638 E. Blaze Trail and the
zoning is R-1-20,000 (Single Family Residential, half acre
lots).
Applicant: Paul Kaitz, 646 N. Grand Ave.,, Covina,. CA 91724
3. Tentative Tract Map No..51079/Amendment to Conditional Use
Permit No. 89-551
A request for approval to subdivide a 4.5 acre site into one
(1) lot and 54 condominium units. Currently the project is
under construction in compliance with Conditional Use Permit
(CUP) -No. 89-551. The density of the project is 12 -units
per acre and will not.change as a part of this application.
As a -part of this request, the applicant is applying to
amend the CUP to upgrade the interior materials and exterior
elevations. Additionally, the applicant is requesting to
add additional on-site parking on the southern portion of
the site. The project is located at 800 S. Grand Ave.,
north of the Grand Ave. and Montefino Ave. intersection and
south of the intersection of Grand Ave. and Golden springs.
The project site overlooks a day care center and office
building located in a commercial center to the north. The
project is zoned R-4 (40U) (Unlimited. Residence Zone,
Maximum 40 units per acre density).and will not change as a
part of this application.
Applicant: Diamond Brothers One Partnership, 18645 E. Gale
Ave., Suite 205, City of Industry, CA 91748
Environmental Determination: Mitigated Negative Declaration
4. Tentative Parcel Map No. 22986/Development Review 92-1
A request for approval to subdivide a 2.76 acre site into
two ( 2 ) lots of 1.88 and .88 acres and to construct a two
story office building of approximately 6,000 sq. ft. The
proposed office building will provide on-site parking on the
bottom floor of the structure and offices on the top floor.
Currently, an office building known as Sunset Plaza is
located on the northern portion of the site. at 556 No.
Diamond Bar Blvd. The location of the proposed office
building is the north side of Sunset Crossing at the
intersection of Navajo Springs Rd. on a vacant slope located
east of L.A. Fitness Health Club, north of a condominium
development and a racquet and swim club, and east of a
single family residence. The project is in the C M Zone and
will not change as a part of this application.
Applicant: Fred Janz, 556 N. Diamond.Bar Blvd., Diamond Bar
Environmental Determination: Mitigated Negative Declaration
INFORMATIONAL TIONAL IT m
Staf f
Planning Commissioners
7• ADJOURNMENTs March 23, 1992
Agenda Item 1. — Minutes of February 24, 1992
Found in City Clerk's office.
City of Diamond Bar
PLANNING COMMISSION
Staff Report
AGENDA ITEM NUMBER: 2
REPORT DATE:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROPERTY LOCATION:
APPLICANT:
PROPERTY OWNER:
BACKGROUND/ANALYSIS:.
March 4, 1992
March 9,1992
Administrative Development Review 92-1/ Oak
Tree Permit 92-1
A request to remove one (1) oak tree i in
conjunction with the construction of a single
family residence of approximately 9,101 sq.
ft. and to obtain Administrative Development
Review Approval on the residence.
2638 E. Blaze Trail
Paul Kaitz
646 N. Grand Ave.
Covina, Ca. 91724.
Same as Above
This project was continued from the Planning Commission meeting of
February 24, 1992 in order that the applicant could revise the side
elevations of the residence to tie the presented architectural features
around the whole structure.
The applicant has presented the revisions to staff for review. The
plans lans submitted display the before and after elements of the project.
The side elevations now exhibit design features such as bay windows and
increased trim around windows in, an attempt to break up the massiveness
of the wall.
The applicant has stated that any relocation plans for the oak trees
would be coordinated with a licensed arborist to guarantee the most
sensitive movement and maintenance of the tree(s) possible. The
involvement, of the arborist can be made a condition of approval and
would report to the City and be funded at the developer's cost.
Conclusion:
The Planning Commission voiced concerns about the project at the first
session of the public hearing on the maintenance and replacement of the
oak trees and the massive unobstructed design of the residence side
elevations. The Commission directed the applicant to work on wrapping
the architectural features exhibited on the front and rear elevations
around the entirety of the structure. The applicant has implemented the
wrap around of the architectural features.
The applicant has additionally acquired a licensed arborist to assist in
the relocation of the oak tree slate for relocation. The participation
of the arborist will greatly increase to potential viability of the
relocated tree and seeks to address the Commission's concern for
guaranteeing the tree's viability at any new location.
ENVIRONMENTAL ASSESSMENT:
Mitigated Negative Declaration
PUBLIC NOTICE:
This project was advertised in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin on February 3, 1992 and in the Highlander on
February 5, 1992. Mailers were sent to 23 property owners within the
required 300 ft. radius of the property.
RECOMMENDATIONS:
Staff recommends that the Planning Commission approve A as the
applicant.
FINDINGS OF FACT:
ADR 92-1
The Commission finds as follows:
(a) The design and layout of the proposed development is
consistent with the applicable elements of the City's proposed general
plan, and design guidelines and architectural criteria of the
appropriate district;
(b) The design and layout of the proposed development will not
unreasonably interfere with the use and enjoyment of the neighboring ex-
isting and future developments, and will not create traffic or
pedestrians hazards;
(c) The architectural design of the proposed residence is
compatible with the character of the surrounding neighborhood and will
maintain the harmonious, orderly, and attractive development
contemplated by this Chapter and the general plan of the City;
(d) The design of the proposed development would provide a
desirable environment for'its occupants and visiting public as well as
its neighbors through good aesthetic use of materials, texture and color
that will remain aesthetically appealing and will retain a reasonably
adequate level of maintenance. -
(e) The proposed use will not be detrimental to the public health,
safety or welfare or materially injurious to the properties or impro-
vements in the vicinity.
OT 92-1
The Commission finds as follows:
(a) The proposed development will not be detrimental to the public
health, safety, or welfare or materially injurious to the properties or
improvements in the vicinity.
(b) The proposed site is adequate in size and shape to accommodate
the yards, walls, fences, parking and loading facilities, landscaping
and other development features prescribed in the ordinance in order to
integrate said use with the uses in the surrounding area;
(c) Granting the proposed oak tree permit with conditions and
restrictions will not be in substantial conflict with any components of
the proposed General Plan;
(d) The proposed site has adequate traffic access and said site is
adequately served by other public or private service facilities which it
requires, and;
(e) The location of the proposed land use does not adversely affect
the health, peace, comfort or welfare of persons residing or working in
the surrounding area, and will not be materially detrimental to the use,
enjoyment, or valuation of property of other persons located in the
vicinity of the site, and will not jeopardize, endanger, or otherwise
constitute a menace to the public health, safety or general welfare.
Report Prepared By:
Robert Searcy, Associate Planner
Attachments:
Revised Elevations
Conditions of Approval
Resolution 92 -XX
DATE: 'March 3, 1992
TO: Planning Commission
FROM: Rob Searcy, Associate Planner
RE: Multi -'Trunk Oak Tree
For the record, staff has revisited the project site to determine
if the multi -trunk oak tree falls under the protection of the
existing Oak Tree Permit process.
The code states that oak trees with more than one trunk must have
a cumulative circumference of at least 38 inches for any two trunks
as measured 4 1/2' above grade. My measurement of the two largest
trunks per code requirement totalled 33 inches in circumference.
It is therefore exempt from the prohibitions listed within the oak
Tree Permit section of the City's code.
Attached, please find a copy of the City's current Oak Tree Permit
section contained in Title 22 pertaining to thisissue.
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March 4, 1992
CONDITIONS OF APPROVAL ADR92-1 AND OAK TREE PERMIT 92-1
1. This permit shall not be effective for any purpose until a duly
authorized representative of the owner. of the property involved has
filed at the office of Diamond Bar Planning Commission his
affidavit stating that he/she is aware of, and accepts all the con-
ditions of this permit;
2. That all requirements of the Zoning Ordinance and of the underlying
zoning of the subject property must be complied with, unless set
forth in the permit or shown on the approved plan; .
3. That three copies of the revised plot plan, similar to that
presented at the public hearing and marked Exhibit . "All and
conforming to such of the following conditions as can shown on a
plan, shall be submitted for approval of the Director of Planning.
The property shall thereafter be developed and maintained in
substantial conformance with approved plans.
4. That the applicant must, comply with all State, Zone R-1, Engi-
neering Department, and Building and Safety Department
requirements.
5. This grant is valid for one year and must be exercised (i.e.
construction started) within that period or this grant will expire.
A one year extension may be requested in writing and submitted to
the City 30 days prior to the expiration date.
6. That all grading, drainage plans and wall plans shall conform to
all City standards. No walls in excess of 6 ft are approved as a
part of this application.
7. All construction materials must comply with materials board
approved by the Community Development Department
8. The project must be developed in compliance with the landscape plan
submitted and approved by the Community Development Director.
9. Notwithstanding any previous subsection of this Resolution, if the
Department of Fish and Game requires payment of a fee pursuant to
Section 711.4 of the Fish and Game Code, payment thereof shall be
made by the applicant prior to the issuance of any building permit
or any other entitlement.
10. The oak tree designated for removal shall be replaced as shown on
the approved landscape plan. All other oak trees shall be
protected for the duration of construction in accordance with Title
22 requirements.
11. A licensed arborist shall manage the location and maintenance plans
for the relocated oak tree.
RESOLUTION NO. 92 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA APPROVING ADMINISTRATIVE
DEVELOPMENT- REVIEW NO. 92-1 AND AN OAK TREE PERMIT
APPLICATION FOR A NEW SINGLE FAMILY RESIDENCE LOCATED AT
2638 E. BLAZE TRAIL, DIAMOND BAR, CALIFORNIA, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) Paul Kaitz, has heretofore filed an application as
described above in the title of this Resolution. Hereinafter in
this Resolution, the project located at 2638 Blaze Trail, Diamond
Bar, California, shall be referred to as "the application".
(ii) On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the State
of California. On said date, pursuant to the requirements of the
California Government Code Section 57376, Title 21 and 22, the
City Council of the City of Diamond Bar adopted its Ordinance No.
14, thereby adopting the Los Angeles County Code as the ordinances
of the City of Diamond Bar. Title 21 and 22 of the Los Angeles
County Code contains the Development Code of the County of Los
Angeles now currently applicable to development applications, in-
cluding the subject application, within the City of Diamond Bar.
(iii) Because of its recent incorporation, the City of
Diamond Bar lacks an operative General Plan. Accordingly, action
was taken on the subject application, as to consistency to the
General Plan, pursuant to the terms and provisions of California
Government Code Section 65360.
(iv) On February 24, 1992 the Planning Commission of
the City of Diamond Bar conducted a duly noticed public hearing on
the application and concluded said public hearing on March 9,
1992.
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds
that all of the facts set. forth in the Recitals,
Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that a
Negative Declaration has - been prepared for the
project and that the information contained within
the Negative Declaration is identified in this
Resolution.
3. The Planning Commission hereby specifically finds
and determines that, based upon the findings set
forth below, and changes and alterations which
have been incorporated into and conditioned upon
the proposed project set forth in the application,
no significant adverse environmental effects will
occur.
4. Based on the substantial evidence presented to the
Planning commission during the above-referended
public hearing on February 24, 1992 and concluded
on March 9, 1992, including written and oral staff
reports, together with public testimony, and in
conformance with the terms and provisions of Cali-
fornia Government Code Sections 65360, the
Community Development Director hereby specifically
finds as follows:
I The subject property is located at 2638 E.
Blaze Trail in the City of Diamond Bar and is
located in the private gated community known
as "The Country"..
2. The property is located in Zone R-1-20,000
and allows this use as a right of zone permit
procedure. The site is approximately 1.5
acres in size and is currently vacant.
3. The applicant's request is for a single fami-
ly residence of approximately 9,101 square
feet.
4. The surrounding properties are developed
with single family residences.
5. The subject site lies within the Diamond Bar
Community Plan area Non -urban development.
6. There were no protests to the required use
prior to the public hearing.
7. Notification of the public hearing for this
project has been made.
8. The design and layout of the proposed devel-
opment is consistent with the applicable ele-
ments of the City's proposed general plan,
and design guidelines and architectural cri-
teria of the appropriate district;
The design and layout of the proposed devel-
opment will not unreasonably interfere with
the use and enjoyment of the neighboring ex-
isting and future developments, and will not
create traffic or pedestrians hazards;
The architectural design of the -proposed res-
idence is compatible
ompatible with the _ character of
the surrounding neighborhood and will
maintain the harmonious, orderly, and
attractive development contemplated by this
Chapter and the general plan of the City;
The design of the proposed development would
provide a desirable environment for its occu-
pants and visiting public as well as its nei-
ghbors through good aesthetic use of materi-
als, texture and color that will remain aes-
thetically appealing and will retain a rea-
sonably adequate level of maintenance.
The proposed use will not be detrimental to
the public health, safety or welfare or mate-
rially injurious to the properties or impro-
vements in the vicinity.
5. Based on the findings and conclusions set forth in
paragraphs 1, 2, 3, and 4 above, the Community
Development Director hereby approves the applica-
tion subject to the following restrictions as to
use:
1. This permit shall not be effective for any
purpose until a duly authorized represent-
ative of the owner of the property involved
has filed at the office of Diamond Bar Plan-
ning Commission his affidavit stating that
he/she is aware of, and accepts all the con-
ditions of this permit;
2. That all requirements of the Zoning ordinance
and of the underlying zoning of the subject
property must be complied with, unless set
forth in the permit or shown on the approved
plan;
3. That three copies of the revised plot plan,
similar to that presented at the public hear-
ing and marked Exhibit "All and conforming to
such of the following conditions as can shown
on a plan, shall be submitted for approval of
the Director of Planning. The property shall
thereafter be developed and maintained in
substantial conformance with approved plans.
4. That the applicant must, comply with all
State, Zone R-1, Engineering Department, and
Building and Safety Department requirements.
5. This grant is valid for one year and must be
exercised (i.e. construction started) within
that period or this grant will expire. A one
year extension may be requested in writing
and submitted to the City 30 days prior to
the expiration date.
6. That all grading, drainage plans and wall
plans shall conform to all City standards.
No walls in excess of 6*ft are approved as a
part of this application.
7. All construction materials must comply with
materials board approved by the Community
Development Department
8. The project must be developed in compliance
with the landscape plan submitted and appro-
ved by the Community Development Director.
9. Notwithstanding any previous Subsection of
this Resolution, if the Department of Fish
and Game requires payment of a fee pursuant
to Section 711.4 of the Fish and Game Code,
payment thereof shall be made by the appli-
cant prior to the issuance of any building
permit or any other entitlement.
10. The oak tree designated for removal shall be
replaced as shown on the approved landscape
plan. All other oak trees shall be protected
for the duration of construction in
accordance with Title 22 requirements.
11. A licensed arborist shall manage the location
and maintenance plans for the relocated oak
tree.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Reso-
lution, to Paul Kaitz at the address as set forth
on the application.
APPROVED AND ADOPTED THIS THE 9TH DAY OF MARCH, 1992 BY
THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF DIAMOND BAR.
BY:
James DeStefano, Secretary
T, James Destefano, Planning Commission Secretary, do hereby
certify that the foregoing Resolution was duly introduced, passed,
and adopted, at a regular meeting of the Planning Commission held
on the 9th day of March, 1992.
RESOLUTION NO. 92 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF TENTATIVE TRACT 51079, FOR CONDOMINIUM
CONVERSION ON A ONE (1) LOT SUBDIVISION AND CREATION OF
54 AIR SPACE UNITS LOCATED AT 800 S. GRAND AVENUE, -DIA-
MOND BAR, CALIFORNIA, AND MAKING FINDINGS IN. SUPPORT
THEREOF.
A. Recitals.
I (i) Diamond Brothers One, Ownership, 18645. E. Gale
Avenue #205; City of Industry, California, has heretofore filed an
application for approval of a Tentative Tract Map, as described in
the title of this Resolution. Hereinafter in this Resolution
referred to as."the application".
(ii) on April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the State
of California. on said date, pursuant to the requirements of the
California Government Code Section, 57376, Title -21 and 22, the
City . Coun . cil of the City of Diamond Bar adopted its Ordinance No.
14, thereby adopting the Los Angeles County code as the ordinances
of the City of Diamond Bar. Title 21 and 22 of the Los Angeles
County Code contains the Development Code of the County of Los
Angeles now currently applicable to development applications, in-
cluding the subject application, within the City of Diamond Bar.
(iii). Because of its recent incorporation, the City of
Diamond Bar lacks an operative General Plan. Accordingly, action
was taken on the subject application, as to consistency to the
proposed General Plan, pursuant to the terms and provisions of
California Government Code Section 65360.
(iv) on February 24, 1992, the Planning Commission of
the City of Diamond Bar conducted a duly noticed public hearing on
the application and concluded said public hearing on March 9,
1992.
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
NOW, THEREFORE, -it is found, determined and resolved by the Plan-
ning commission of the City of Diamond Bar,as follows:
1. This Planning Commission hereby specifically finds
that all of the facts, set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. The City Planning Commission hereby certifies that
the environmental effects identified by the
Negative Declaration prepared for Conditional Use
Permit 89-551 (1990), and previously certified,
will adequately.cover this application, in compli-
ance with the California Environmental Quality Act
of 1970, as amended, and the Guidelines promulgat-
ed thereunder,
3. The Planning Commission hereby specifically finds
and determines that, based upon the findings set
forth below, and changes and 'alterations which
have been incorporated into and conditioned upon
the proposed project set forth in the application,
no significant adverse environmental effects will
occur.
4. Based on the substantial evidence presented to
this Commission during the above -referenced public
hearing on February 24, 1992, and concluded on
March 9, 1992, including written and oral staff
reports, together with public testimony, and in
conformance with the terms and provisions of Cali-
fornia Government Code Sections 65360, this Com-
mission hereby specifically finds as follows:
(a). The application applies to property located
at 800 South Grand Ave., Diamond Bar with a
gross area of 4.5 acres and is zoned R-4-40
U.
(b) Properties to the east and south are devel-
oped with multiple and single family resi-
dences, to the north the site is commercially
developed and the sites to the west are
,developed by an unoccupied office building
and also undeveloped portions.
(c) The applicant's request is for an amendment
to the conditional use permit to construct a
54 unit condominium complex.
(d) The, subject property is graded and currently
under construction under the provisions of
conditional use permit 89551, and
(e) The site is sufficient in size and can pro-
vide adequate ingres's and egress to allow
multiple family development in character with
surrounding current land uses.
(f) There is a reasonable probability that the
subdivision proposed in the application will
be consistent with the proposed General Plan;
W
(g) There is little or no probability that the
subdivision of said real property, as
proposed in the application will be a
substantial detriment to, and interfere with,
the pr oposed General Plan for the area of the
project of the site; and
(h) The application, as proposed will and
conditioned herein, complies with all other
applicable requirements of state and local
ordinances.
The location of the proposed land use does
not adversely affect the health, peace, com-
fort or welfare of persons residing or work-
ing in the surrounding area, and will not be
materially detrimental to the use, enjoyment,
or valuation of property of other persons
located in the vicinity of,the site, and will
not jeopardize, endanger, or otherwise con-
stitute a menace to the public health, safety
or general welfare.
5. Based on the findings and conclusions set forth in
paragraphs 1, 2, 3, and 4 above, this commission
hereby recommends that the City Council approve
the application subject to the restrictions and
conditions listed on the attached Exhibits "A-111
and "A-211
6. The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Transmit this recommendation to the City Clerk for
submittal to the City Council.
(c) Forthwith transmit a certified copy of this Reso-
lution, to Diamond Brothers one, ownership at the
address as set forth on the application.
,APPROVED AND ADOPTED THIS THE 9TH DAY OF MARCH, 1992 BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
ATTEST
Jack Grothe, Chairman
James DeStefano, Secretary
01
I, James Destef ano, Secretary of the Planning Commission of the
City of Diamond Bar, do hereby certify that the foregoing Resolu-
tion was duly introduced, passed, and adopted by the Planning Com-
mission of the City of Diamond Bar, at a regular meeting of the
Planning Commission held on the 9th day of March, 1992, by the
following vote -to -wit:
,AYES: _. [COMMISSIONERS..:
NOES: [COMMISSIONERS:]
ABSTAIN: [COMMISSIONERS:]
z
March 9, 1992
CONDITIONAL USE PERMIT NO. 89-551 CONDITIONS OF APPROVAL
1. This permit shall not be effective for any purpose until a
duly authorized representative of the owner of the property
involved has filed at the office of Planning Division of the
Community Development Department the Affidavit of Acceptance
and accepts all the conditions of this permit;
2. That all requirements of the Zoning. Ordinance and of the
underlying zoning of the subject property must be complied
with, unless set forth in the permit or shown on the approved
plan;
3. That three copies of the site plan, irrigation plan, and
landscape plan, similar to that presented at the public
hearing and marked Exhibit "All and conforming to such of the
following conditions as can shown on a plan, shall be
submitted for approval of the Community Development Director
Planning. The property shall thereafter be developed and
maintained in substantial conformance with approved plans. -
4. Landscaping along the perimeter of each elevation shall be
year round in nature. All landscaping approved shall be
installed prior to issuance of the certificate of occupancy.
5. No construction shall occur within the 501 easement shown on
the site plan along the north elevation of the building.
6. No construction shall occur within setbacks as delineated on
the approved site plan
7. street trees with Year round foliage shall be planted along
western elevation of Grand Avenue per the approved landscape
plans.
8. Recreation areas adjacent to Grand Avenue shall be landscaped
to provide a visual buffer from off-site access.
9. Provide wrought iron fencing around recreation areas to insure
the security of the children.
10. That all exterior lights above wall height be shielded and be
directed away from adjacent development;
11. Maneuvers through the median opening will not be allowed until
a traffic signal is installed and becomes operational at 800
S. Grand. The traffic signal, due to its's close proximity to
the Grand/Golden Springs intersection, will need to be
interconnected to the latter to provide coordination of signal
phasing at these two intersections. Prior to issuance of a
1
Certificate of Occupancy, the design and construction costs
associated with this traffic signal shall be borne by the
applicant initially. When the proposed Diamond Bar Medical
Plaza located at 887 Grand Avenue, or any other Project
utilizing the access becomes approved, a fair share cost will
be developed for said signal, based upon confirmation of the
traffic, data, in proportion to each project's traffic share.
12. Shielded trash enclosures shall be located as shown on the
approved site plan.'
13. Sidewalks shall be provided along Grand Avenue for the length
of the property per City Standards.
14. The project shall comply with all State and local ordinances
for noise level standards.
15. All air conditioning units will be ground mounted and screened
from street level view.
16. All conditions of Conditional Use Permit No. 89-551 (1990)
will be superseded by the conditions listed herein.
2
0
&X14(.6rr-P-1
CITY OF DIAMOND BAR
I N T E R 0 F F I C E M E M 0 R A N D U M
DATE: March 4, 1992
TO: Department of Community Development, Planning
FROM: Department of Public Works, Engineering
SUBJECT: TENTATIVE TRACT MAP NO.51079 DATE NOVEMBER 22, 1991
Tentative Tract Map No. 51079 has been recommended for approval by
the office of the City Engineer.subject to the following
conditions:
SUBDIVISION
1. The final map must be prepared in accordance with Title 21 of
the Los Angeles County Code and the Subdivision Map Act.
2. A preliminary title report, dated no more than 30 days, mylar
copies of all referenced record maps, copies of all referenced
documents and five (5) prints of the most recent Assessor Map
with book page or pages covering the proposed division of land
must be submitted for review prior to approval of the final
map.
3. A title report/guarantee showing all fee owners and interest
holders must be submitted when a final map is submitted for
plan check. This account must remain open until the final map
is filed with the County Recorder. An updated title
report/ guarantee must be submitted ten (10) working days prior
to approval of the final map.
4. The developer shall submit to the City Engineer the total cost
estimate of all off-site improvements, prior to approval of
the final map.
5. The tract shall be. annexed to the Landscape Assessment
District 38; and the City-wide assessment lighting district.
6. The developer shall submit to the City Engineer the total cost
estimate and a monumentation bond for this amount for the new
boundary monuments which must be set in accordance with the
Subdivision Map Act requirements, City standards and subject
to approval by the City Engineer.
7. If any required public improvements have not been completed by
the developer and accepted by the City prior to the approval
of the final map , the developer shall enter into a
subdivision agreement with the City and shall post the
appropriate security.
8. All site grading, landscaping, irrigation, street
improvements, sewer and storm drain improvement plans shall be
coordinated for consistency prior to final map approval.
9. A detailed on-site lighting plan shall be reviewed and
approved by the City prior to the issuance of building permit.
Such plan shall indicate style, illumination, location,
height.
10. House numbering clearance is required by the City Engineer,
prior to approval of the final map.
11. The construction notes shown on the submitted plan are
conceptual only and the approval of this map does not
constitute approval of these notes.
12. The following documents must be submitted to the City prior to
recordation of the final map:
a) original Mylar
b) 2 Blueline prints
C) $4,350.00 outstanding plan check fees
d) 5 Year Tax History Supplied by Owner
Title Company.
e) Title Report Supplied by owner
f) 2 Full -Size Copies of Assessor's Map
and Obtained from Assessor's office.
g) SBA13 Affidavit Obtained from Los
Department_ of Public Works and Signed
Owner.
h) $325 Tax Clearance Fee Paid By Owner.
i) $75 City Recordation Fee. *
j) $6 Los Angeles County Recordation Fee
GRADING r GEOLOGY & SOILS
payable to City
and obtained from
Supplied by Owner
Angeles County
and notarized by
13. A soils report shall be prepared by a qualified engineer
.licensed by the State of California to perform such work.
14. Grading of the subject property shall be in accordance with
the Uniform Building Code, City Grading ordinance #14-(1990)
or as amended and acceptable grading practices. The final
grading plan shall be in substantial conformance with the
approved grading plan.
DRAINAGE
15. Trees are prohibited within 5 feet of the outside diameter of
any storm drain pipe measured from the outer edge of a mature
tree trunk.
SEWER
16. Each building must have a separate and independent connection
to the sewer mainline. The minimum lateral size is a 611 VCP
and it must -be connected to an 811 diameter mainline. This
main line must be a public sewer with a 101 wide easement
granted to the City. This easement needs to be depicted on
the final map.
17. The subdivider must obtain connection permit from the City and
County Sanitation District. The subdivision must be annexed
into the County Consolidated Sewer Maintenance District and
appropriate easements for all sewer main lines must be
provided and accepted by the County of Los Angeles Public
Works Department, prior to approval of the final map.
18. The sanitary sewer system serving the tract shall be connected
to city sewer system. Said system shall be of the size, grade
and depth approved by the City Engineer, County Sanitation
District and Los Angeles County Public Works Department, prior
to approval of the final map.
19. Subdivider, at his sole cost and expense, must construct the
sewer system in accordance with the -City, Los Angeles County
Public Works Department and County Sanitation District
Standards.
TRAFFIC
20. Manoeuvers through the median opening will not be allowed
until a traffic signal is installed and becomes operational at
800 S.Grand. The traffic signal, due to it's close proximity
to the signal at Grand/Golden Springs intersection, will need
to be interconnected to the latter to provide coordination of
signal phasings at these two intersections. Prior to issuance
of a Certificate of Final Occupancy, the design and
construction costs associated with this traffic signal shall
be borne by the developer (Diamond Brothers Inc.) initially.
When the proposed Diamond Bar medical Plaza located at 887
Grand Avenue becomes approved, a fair share cost will be
developed for said signal, based upon confirmation of the
medical plaza's traffic data, in proportion to each project's
traffic shares.
21. Because of the northbound downgrade on Grand Avenue and high
speed, a right turn deceleration lane is required. This lane
could be 10 feet wide for a length of approximately 100 feet
with a 60 -foot transition. A signing and striping plan,
prepared by a registered Civil Engineer, shall be submitted to
and approved by the City Engineer.
22. Pavement striping and marking shall be installed to the
satisfaction of the City Engineer.
UTILITIES
23. Provide separate utility services to each unit including
water, gas, electric power, telephone, and cable TV (all
underground) in accordance with the respective utility
companies standards, unless other common meters are approved
by utility companies and indicated in the CC&R's. Easements
shall be provided as required.
24. Prior to recordation of the final map, a written certification
from Walnut Valley Water District, GTE, SCE, SCG and Jones
Intercable stating that adequate facilities are or will be
available to serve the proposed project shall be submitted to
the City. Such letter must be issued by the utility company
at least 90 days prior to final map approval.
FIRE
25. Prior to recordation of the final map, a written certification
from the Fire Department stating that their conditions have
been met shall be submitted to the City. Such letter must be
is ' sued by the Fire Department at least 90 days prior to final
map approval.
t or
COUNTY OF LOS ANGELES FIREDEPARTMENT
FIRE PROTECTION REQUIREMENTS - INCORPORATED AREAS
CITY OF DIAMOND BAR
TRACT 51079
L Provide water mains, fire hydrants, and fire flows as required by County Forester and Fire
Warden for all land shown on the map to be recorded.
2. Provide Fire Department and City approved street signs, building address numbers prior to
occupancy.
3. Fire Department access shall be extended to within 150 feet distance of any portion of structure
to be built.
4. Access shall comply with Section 10.207 of the Fire Code which requires all weather access.
All weather access may require paving.
5. Where driveways extend further than 300 feet and are of single access design, turnarounds
suitable for fire protection equipment use shall be provided and shown on the final map.
Turnarounds shall be designed, constructed and maintained to insure their integrity for. Fire
Department use. Where topography dictates, turnarounds shall be provided for driveways which
extend over 150 feet.
6. The private driveways shall be indicated on the final map as "FIRE LANE" and shall be
maintained in accordance with the Los Angeles County Fire Code.
7. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular
access must be provided and maintained serviceable throughout construction.
8. Show and label fire lanes and turnaround fully on final map.
9. The required fire flow for public fire hydrants at this location is 3500 gallons per minute at 20
psi for a duration of three (3) hours, over and above maximum daily domestic demand.
10. The required on-site fire flow for private on-site hydrants is 1250 gallons per minute at 20 psi.
Each private on-site hydrant must be capable of flowing 1250 gallons per minute at 20 psi with
any two hydrants flowing simultaneously.
11. Fire Hydrant requirements as follows:
Existing three (3) Public Fire Hydrants. Install one (1) private on-site Fire Hydrant.
12. All hydrants shall measure 6" x 4" x 2-1/2" brass or bronze, conforming to current AWWA
standard C503 or approved equal. All hydrants shall be installed a minimum of 25' from a
structure or protected by a two (2) hour fire wall.
Location: As per map on file with this office
13. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular
access must be provided and maintained serviceable throughout construction.
14. Additional on-site hydrants may be required during the building permit process.
All hydrants shall be installed in conformance with Title 20, L.A. County Government Code or
appropriate city regulations. This shall include minimum six-inch diameter mains. Arrangements to meet
these requirements must be made with the water purveyor serving the area.
C:\WP51\WORK\51079FIR.DEP
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CHENG & ASSOCIATES
1108 South Garfield Ave.
Alhambra, CA 91801
(818) 282-2168
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP
Name of Project : Golden Grand
Address 800 South Grand Ave
City Diamond Bar
County : Los Angeles
Tract Number : 51079
Developer Diamond Brothers One Partnership,
A Limited Partnership
Address 18645 E. Gale Ave, #205
City of Industry, CA 91748
TABLE OF CONTENTS
FOR
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
Golden Grand
DESCRIPTION
PREAMBLE
ARTICLE I
Section
DEFINITIONS
1.1 Assessments
1.2 Association
1.3 Board of Directors
1.4 Bylaws
1.5 Capital Improvement Assessment
1.6 Common Area
1.7 Close of Escrow
1.8 Condominium
1.9 Condominium Plan
1.10 Common Expenses
1.11 Declarant
1.12 Governing Instruments
1.14 Improvement
1.15 Institutional Lenders
1.16 Manager
1.17 Members
1.18 Mortgage, Mortgagee, Mortgagor
1.19 Owner
1.20 Person
1.21 Plan
1.22 Project
1.23 Rules
1.24 Unit
ARTICLE II PROPERTY RIGHTS
Section 2.1 Property Subject to Declaration
2.2 Partition
2.3 Common Area
2.4 Parking
-i-
PAGE NO.
1
2
5
N
TABLE OF CONTENTS (Continued)
DESCRIPTION
PAGE NO.
A
ARTICLE III THE OWNERS' ASSOCIATION
1 7
Section 3.1 Formation
3.2 Association Action; Board of Directors
& Officers
3.3 Membership
3.4 Transfer
3.5 Voting Rights
3.6 Duties of the Association
3.7 Powers of the Association
ARTICLE IV ASSESSMENTS AND COLLECTION PROCEDURES
Section
4.1
Purpose of Assessments
4.2
Creation of the Lien and Personal
Obligation
4.3
Common Assessment
4.4
Special Assessment
4.5
Notice and Quorum for Any Action
Authorized Under Article IV
4.6
Notice and Assessment; Installment
Due Dates
4.7
Lien & Trustee Sale
4.8
Transfer of Unit by Sale or Foreclosure
4.9
Priorities; Enforcement; Remedies
ARTICLE V
INSURANCE
Section
5.1
Liability Insurance
5.2
Fire and Extended Coverage Insurance
5.3
Individual Fire Insurance
5.4
Trustee
5.5
Other Insurance
5.6
Owner's Insurance
5.7
Distribution to Mortgagees
5.8
Loss Payable Clauses
5.9
Premium
ARTICLE VI
DAMAGE, DESTRUCTION AND CONDEMNATION
Section
6.1
Damage or Destruction
6.2
Negligently or Willfully Caused Damages
6.3
Condemnation
6.4
, Arbitration
15
24
27
TABLE OF CONTENTS (Continued)
DESCRIPTION
PAG_ E NO
ARTICLE VTI
USE
RESTRICTIONS 29
Section
7.1'
Condominium Use
7.2
Nuisances
7.3
Vehicle Restrictions
7.4
Signs
7.5
Animals
7.6
Garbage and Refuse Disposal
7.7
Radio and Television Antennas
7.8
Right to Lease
7.9
Architectural Control
7.10
Window Covers
7.11
Clothes Lines & External Laundrying
7.12
Power Equipment & Car Maintenance
7.13
Liability of Owners for Damage to Common Area
7.14
Oil and Mineral Rights
7.15
Compliance with Laws
7.16
Owner's Obligation for Taxes
7.17
Age Restrictions
ARTICLE VIII
PROTECTION OF MORTGAGEES 33
Section
8.1
Mortgages Permitted
8.2
Subordination
8.3
Amendment
8.4
Effect of Breach Hereof
8.5
Foreclosure
8.6
Non -Curable Breach
8.7
Loan to Facilitate
8.8
Appearance at Meetings
8.9
Right to Furnish Information; collection of
Insurance Premiums
8.10
Loss Payable Clauses
8.11
Federal Home Loan Mortgage Corporation and
Federal National Mortgage Association
Financing
TABLE OF CONTENTS (Continued)
DESCRIPTION
PAGE NO.
ARTICLE IX GENERAL PROVISIONS
38
Section 9.1
Headings
9.2
Severability
9.3
Cumulative Remedies
9.4
Violations as Nuisance
9.5
Term
9.6
Amendments
9.7
Binding Effect
9.8
No Restriction on Ingress and Egress
9.9
Exhibits
9.10
Notification of Sale of Condominium
9.11
Liberal Construction
9.12
Encroachment Easements
9.13
Rights of Institutional Lenders
9.14
Owner's Right & Obligation to Maintain &
Repair
9.15
Owners' Compliance
9.16
Fair Housing
9.17
Singular Includes Plural
SUBORDINATION
45
-iv-
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP
FOR
Golden Grand
THIS DECLARATION is made the date hereinafter set forth by the
undersigned Declarant with.reference to the following facts:
P R E A M B L E:
Declarant is the owner of certain real property located
in the County of Los Angeles , (hereinafter referred
to as "said county"), in the State of California, des-
cribed as Lot 1 0 of Tract No. 51079 in the
City of Diamond Bar— County ofLos _A_n__
per map file in geTes as
in
the Office of the CountyRecorder of said �County, which
said property is hereinafter called "PROJECT".
WHEREAS, said property is a "Project" within the meaning of
Section 1351(f) of the California Civil Code, subject to the
provisions of the California Condominium Act (Title VI, Part 4,
Division Second of the Civil Code), and it is the intention and
desire of Declarant to divide the Project into Condominiums,
providing for separate title to each unit within said project,
each Unit to have an undivided interest in the Common Area.
WHEREAS, it is Declarant's intention to impose upon said property
mutually. beneficial restrictions under a general plan of
improvement for the benefit of all said Condominiums and the
Owners thereof.
NOW, THEREFORE,Declarant hereby declares that the Project is held
and shall be held, conveyed, hypothecated, encumbered, leased,
rented, used, occupied, and improved subject to the following
Covenants, Conditions, and Restrictions, Charges, Easements,
Liens, and Limitations, all of whicharedeclared and agreed to
be in furtherance of a plan for the improvement of said property
and the division thereof into Condominiums and are established
and agreed upon for the purpose of enhancing, maintaining and
protecting the value and attractiveness of the aforesaid real
property. All of said covenants, conditions, charges, easements,
liens,. limitations and restrictions shall run with the real
property and shall be binding upon all parties having or
acquiring any right, title, or interest therein or any paxt
thereof and shall be for the benefit of each Owner of any portion
of said Project or any interest therein, and shall insure to the
benefit of and be binding upon each successor in interest of the
Owners thereof. Declarant further declares that it is his express
purpose and intent that his Declaration satisfy the requirements
of Section 1351 of the California Civil Code.
-1-
ARTICLE I
DEFINITIONS
The following words, when used in the Declaration and in any
Declaration of Amendment, unless otherwise provided, shall have the
following' meanings:
Section 1.1. "Assessments" shall mean that portion of the cost
of maintaining, improving, repairing, operation and managing the pro-
perty which is to be paid by each Unit Owner as determined by the
Association.
Section 1.2. "Association" shall mean and refer to the
"GOLDEN GRAND HOMEOWNERS ASSOCIATION
an incorporate 'association
its successors and assigns, the members'
of which shall be the Owners of Condominiums in the Project.
Section 1.3. "Board of Directors" shall mean the Board of
Directors of the Association.
Section 1.4. "Bylaws" shall mean the Bylaws of the Association,
as amended from time to time.
Section 1.5. "Capital Improvement I Assessment" shall mean a
charge against each Owner and his real property, representing a port-
ion of the cost to the Association for installation or construction
of any capital improvements on any of the Common Areas.
Section 1.6. "Common Area" shall mean the entire Project ex-
cept all Units as defined in this Declaration or as shown on the
Condominium Plan. Each Owner shall be entitled to a
) undivided interest in the Common Area.
Section 1.7. "Close of Escrow" shall mean the date on which a
deed conveying any portion of the Properties is recorded in the office
of the Los Angeles County Recorder.
Section 1.8. "Condominium" shall mean an estate in real proper-
ty as defined in Section 783 of the California Civil Code, consisting
of a fee interest in a Unit shown and described on the Condominium
Plan, and an undivided interest as a tenant in common in the Common
Area of the Project.
Section 1.9. "Condominium Plan" shall mean the engineering
drawings and related materials, as amended from time to time, showing
the diagrammatic floor plans of the Units, the boundaries of the Units
the Common Areas and, where applicable, dimensions, specific alterna-
tive uses as authorized by this Declaration, and such other informat-
ion reasonably necessary to identify a Condominium.
-2-
Section 1.10 "Common Expenses" shall mean the actual and.
estimated costs of: maintenance, management, operation, repair and
replacement of the Common Property (including unpaid Special
Assessments, Reconstruction Assessments and Capital Improvement
Assessments).
Section 1.11 "Declarant" shall refer to Diamond Brothers One
Partnership, a Limited Partnership, their successors and assigns if
such successors and assigns acquire or hold title to all or any por-
tion of the development for development.
Section 1.12 "Declaration" shall mean this Declaration of
Covenants, Conditions and Restrictions, and reservation of
Easements, as it may be amended from time to time as provided
herein.
Section 1.13 "Governing Instruments" shall mean the Declarat-
ion for the Project and the Bylaws of the Association.
Section 1.14 "Improvement" shall mean all structures and
appurtenances thereto of every kind, whether above or below the
land surface, including but not limited to, buildings, utility
systems, walkways, driveways, parking areas,
reas, landsc aping items,
fences, walls, decks, stairs, poles, landscapingvegetation,
exterior fixtures and any.other structure of any kind.
Section 1.15 "Institution Lenders" shall mean any bank, sav-
ings and loan association, insurance company, or any other
f inancial institution
stitution holding a recorded first mortgage on any
Unit.
Section 1.16 "Manager" shall mean the person or corporation,
it any, appointed by the Board to manage the Project.
Section 1.17 "Members" shall mean a person or an entity enti-
tled to membership in the Association as provided herein.
Section 1.18 "Mortgage, Mortgagee, Mortgagor" A Mortgage
shall mean any mortgage or deed of trust or other conveyance of a
Unit to secure the performance of an obligation, which conveyance
will be reconveyed upon completion of such performance. Reference
in this Declaration to a mortgagee shall be deemed to include the
beneficiary of a deed of trust; reference to a mortgagor shall be
deemed to include the trustor of the deed of trust.
Section 1.19 "Owner" shall mean the record holder or holders
of record fee title to a Condominium, including Declarant. "Owner"
shall not include any persons or entities who hold an interest in a
condominium merely as security for performance of any obligation.
Section 1.20 "Person" shall mean a natural individual or any
other entity with the legal right to hold title to real property.
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Section 1.21. "Plan" shall mean and refer to the recorded . dia-
grammatic floor plan prepared and executed in respect to the Project
in accordance with Section 1351 of the California Civil Code.
Section 1.22. "Project" shall mean the entire parcel of real
property described on the plan, which is divided or to be divided
into Condominiums, including all structures thereon.
Section 1.23. "Rules" shall mean and refer to the Rules and
Regulations adopted by the Association pursuant to this Declaration.
Section 1.24. "Unit" shall mean and refer to a unit as defined
in Section .13510) (2) of the California Civil Code, i.e. , that portion
of any Condominium which are not owned in common with the Owners of
other Condominiums in the Project or by the Association. Each Unit
is designated as such on the Plan. The boundaries of a Unit shall
a
be s designated in Section 1351(f) of the California Civil Code and
as shown and described in the Plan.
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ARTICLE II
PROPERTY RIGHTS
Section 2.1. Property Subject - to -Declaration
All the real property described in the
plan,and the improvements thereon, shall be subject to this
Declaration.
Section 2.02 Partition
Except as provided by Section 1359 of the
Civil Code of the State of California, there shall 'be no judicial
partition of the Project or any part thereof, nor shall Declarant
or any person acquiring an interest in the Project or any part
thereof seek any judicial partition; provided, however, that if
any Unit shall be owned by two or more persons as tenants in
common or as a joint tenants, nothing herein contained shall be
deemed to prevent a judicial partition as between such
co -tenants.
Section 2.03 Common Area
Each— —Unit owner shall be entitled to a Unit
and an undivided interest in the Common Area as specified in
Section 1.06. The undivided interest of each Owner in the Common
Area shall have a permanent character and shall not be altered
without the consent of all owners expressed in an atended
Declaration duly recorded. The undivided interest in the Common
Area shall not be separated from the Unit to which it appertains
and shall be deemed to be conveyed or encumbered or released from
liens with the Unit even though such interest is not expressly
mentioned or described in the conveyance or other instrument.
Each owner may use the Common Area in accordance with the purpose
for which . it is intended, without hindering or encroaching upon
the lawful rights of the other owners. Each Unit owner shall have
a nonexclusive easement for use and enjoyment of the Common Area
and for ingress, egress, and support over and through the Common
Area. These easements shall be appurterbant to,and shall pass
with the title to, each Unit and shall be subordinate to the
exclusive easements granted elsewhere in this
Declaration, as
well as to any rights reserved to the association to regulate
time and manner of use.
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Section 2.4. Parking
Each unit shall be improved with a two (2)
parking spaces (one open and one covered and numbered with corres-
ponding unit number on the condominium plan) and is to be used and
occupied solely for. vehicle parking exclusively in conjunction with
the use of the respective unit by owners members of their families,
guests or lessees of the owner's unit, the parking spaces shall be
sold with each unit; and shall not be separated.from the unit by
later sale.
In addition, fourteen (14) off-street guest
parking spaces shall be provided in the Common Area and shall be used
for guest parking only.
ARTICLE III
THE OWNERS' ASSOCIATION
Section 3.1 Formation
The Association shall be a Non -Profit Mutual
Benefit Association and is under the name "Golden Grand Homeowners
Association".
Section 3.2 Association Action; Board of Directors &
Officers
Except as to matters expressly requiring the
approval of the members as set forth in this Declaration or the
Bylaws, the affairs of the Association shall in all instances be
conducted by the Board and such officers as the Board may
ay elect or
appoint, such election or appointment to be in accordance with the
Bylaws, as the same may be amended from time to time.
Section 3.3 Membership
Every Owner 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 whichtime his Membership in the Association
shall automatically cease. Ownership of a Unit shall be the sole
qualification for Membership in the Association. All memberships
shall be appurtenant to a Unit, hereafter "Class A Member", and
with the exception of Declarant, a Person shall be deemed an Owner
of a Unit only upon close of Escrow for the sale of a Unit to a
Person. Except as may otherwise be provided herein, the rights,
duties, privileges and obligations of all Members of the
Association shall be as set forth in this Declaration and Bylaws
of the Association, and the rules and regulations of the
Association adopted with the Bylaws of the Association.
Section 3.4 Transfer
The membership held by any Owner shall not be
transferred, pledged or alienated in any way, except upon the sale
or encumbrance of such Owner's Unit, and then only to the
purchaser or beneficiary of such 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 sold his Condominium to
a contract purchaser under an agreement to purchase shall be
entitled to delegate to the contract purchaser his Membership
rights in the Association. However, the contract seller shall
remain liable for all charges and assessments attributable to this
Condominium until fee title to the Condominium sold is
transferred.
orm
Section 3.5 Voting Rights
Except in those subdivision offerings where
there is an approved subsidization plan which otherwise provides,
voting rights attributable to subdivision interests shall not vest
until assessments against those interests have been levied by the
Association. The Association shall have two (2) classes of voting
memberships as follows:
Class A. All owners, with the exception of the
Declarant, shall be entitled to Class A membership. Class A
Members shall be entitled to one vote for each Unit owned. When a
Unit is owned by more than one person, such persons shall decide
among themselves how that Unit's vote is to be cast, but in no
event shall more than one vote be cast per Unit.
Class B. Class B membership shall be held by the
subdivider who shall be entitled to not more than three (3) votes
for each subdivision interest owned by him provided that Class B
membership shall be converted to Class A membership and shall
forever cease to exist on the occurance of whichever of the
following is first in time:
(1) When the total votes outstanding
in the class A membership equal or exceed the total votes
outstanding in the Class B membership, or
(2) A date certain which shall be
not later than the second anniversary of the original issuance of
the final subdivision public report for the project.
Section 3.6 Duties of the Association
In addition to the duties enumerated in its
Bylaws, or elsewhere provided for in this Declaration and without
limiting thd generality thereof, the Association shall perform the
following duties:
(A) Maintenance & Operation of the Common Area
The Association shall maintain, repair,
replace, restore, operate and manage all of the Common Area and
all facilities, improvements, furnishings, equipment and
landscaping thereon, and all property that may be acquired by the
Association. The Association shall pay all charges for utilities
supplied to the project except those metered or charged separately
to the Unit. Maintenace shall include (without limitation),
painting, maintaining, repairing and replacing of all Common
Areas, exterior glass surfaces, landscaping (except for private
patio area which are to be maintained by Owners as per Section
8.14), driveway and parking areas and proper maintenance, to insure
the efficient operation of any sump pump and 'standby pump at all
times. In this connection, the Association may employ a managing
agent and may enter into contract for services or materials for
the benefit of the Association or the Common Area, provided,
however, that the term of any such service contract shall not
exceed one (1) year unless approved by members as provided in
Section 3.7(J) of this Article III. The Association shall also
have specific duty to perform the following:
(1) To provide janitorial services over
the common area and to clean all
easements for ingress and egress
to the units.
(2) To maintain, repair and operate the
water and sewer services in the
common area and in the Units. The
City will maintain the operations of
water and sewer -services within the
City right of way.
The responsibility of theAssociation for
maintenance and repair shall not extend I to repairs or
replacements arising out of or caused by the willful or negligent
act or neglect of an owner, or his guests, tenants, or invitees,
the cost of which is not covered by insurance. The repair or
replacement of a Condominium Unit exterior resulting from such
excluded items shall be the responsibility of each owner;
provide, however, that if an owner shall fail to make the repairs
or replacements which are the responsibility of such owner, as
provided above, then, upon a vote of a majority of the Board of
Directors, and after not less than thirty (30) days notice to the
Owner, and hearing, the Association shall have the right (but not
the obligation) to enter the Condominium and make such repairs or
replacements, and the cost thereof shall be payable to the
Association by the Owner of such condominium, if it is not paid,
then the Association may have to go to court to collect (after
notice and hearing).
(B) Insurance
The Association shall maintain such policy or
policies of insurance as are described in Article V of this
Declaration.
(C) Discharge of Liens
The Association shall discharge by payment, if
necessary, any lien against the Common Area, and assess the cost
thereof to the Member of Members responsible for existence of
said lien.
(D) Taxes and Assessments
The Association shall fix, levy, - collect and
enforce assessments as set forth in Article IV hereof.
(E) Payment of Expenses
The Association shall pay all expenses and
obligations incurred by the Association in the conduct of its
business including, without limitation, all licenses, taxes or
governmental charges levied or imposed against the property of
the Association.
(F) Enforcement
Perform such other acts, whether or not
expressly authorized by this Declaration as may be reasonably
necessary to enforce any of the provisions of the Declaration,
the By-laws the Association rules and any Board resolutions.
=10
(G) Reserves Fund
To establish an adequate reserve fund for the re-
placement or major repair of improvements to the common area and to
provide for its funding through regular monthly payments rather than
special assessments.
Section 3.7
laws, or elsewhere
generality thereof,
Powers of the Association
In addition to the powers enumerated in its By -
provided for herein, and without limiting the
.the Association shall have the following powers.
(A) Utility Service
The Association shall have the authority to
obtain, for the benefit of all of the Condominiums, all water, gas
and electric service and refuse collection, and janitorial or window
cleaning service.
(B) Easements
The Association shall have the authority to grant
easements where necessary for utilities and sewer facilities over the
Common Area to serve the common and open space areas and the Condomin-
ium Units.
(C) Adoption of Rules
The Association shall have the power to adopt,
amend and repeal such rules and regulations as it deems reasonable
(hereinafter sometimes referred to as the "Association Rules"). The
Association rules shall govern the use of the common area, by an own-
er, the family members of an owner, by any guest, client, invitee,
contract purchaser, lessee or renter of an owner, or their respective
family members, guests or invitees, provided, however, that the Assoc-
iation rules shall not be inconsistent with, or materially alter,
any other provisions of this Declaration or the Bylaws. A copy of
the Association rules as the same'way from time to time be adopted
amended or repealed shall be mailed or otherwise delivered to each
owner and a copy shall be posted in a conspicuous place within the
development. In the event of any conflict between any such Associa-
tion rules and any other provisions of this Declaration, or the Bylaws,
to the extent of any such inconsistency such provision of this De-
claration, or Bylaws shall prevail.
(D) Access
For the purpose of performing the maintenance
authorized herein or for any other purpose reasonably related to the
performance by the Association or the Board of Directors of their
respective responsibilities, the Association's agents or employees
shall have the right, after reasonable notice to the Owner thereof
to enter any Unit or to enter any portion of the Common Area at rea-
sonable hours. Such entry shall be made with as little inconvenience
to the owner as practicable and any damage caused thereby shall be
repaired by the Board at the expense of the Association.
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W Assessments, Liens and Fines
The Association shallhavethe power to levy and
collect assessments in accordance with the provisions in Article IV
hereof.
(a) The Association --cannot be empowered to cause a
forfeiture or abridgement of an owner's right to the full use and
enjoyment of his individually -owned subdivision interest on account
of the failure by the owner to comply with provisions of the govern-
ing instruments or of duly -enacted rules Of operation for common areas
and facilities except by judgement of a court or a decision arising
out of arbitration or on account of a foreclosure or sale under a pow-
er of sale for failure of the owner to pay assessments duly levied by
the Association.
(b) The governing instruments shall include provisions
which authorize the governing body to impose monetary penalties, tem-
potary suspensions of an owner's rights as member of the association
or other appropriate discipline for failure to comply with the govern-
ing instruments provided that the procedures for notice and hearing,
satisfying the minimum requirements of Section 7341 of the Corporat-
ions Code, are followed with respect to the accused member before a
decision to impose discipline is reached.
(c) A monetary penalty imposed by the Association as
a disciplinary measure for failure of a member to comply with the
governing instruments or as a means of reimbursing the Association
for costs incurred by the Association in the repair of damage to com-
mon areas and facilities for which the member was allegedly respon-
sible or in bringing the member and his subdivision interest into com-
pliance with the governing instruments may not be characterized nor
treated in the governing instruments as an assessment which may become
a lien against the member's subdivision interest enforceable by a sale
of the interest in accordance with the provisions of Section 2924,
2924(b) and 2924(c) of the Civil Code.
The provisions of subdivision (c) do not apply to
charges imposed against an owner consisting of reasonable late pay-
ment penalties for delinquent assessments and/or charges to reimburse
the Association for the loss of interest and for costs reasonably in-
curred (including attorneys' fees) in its efforts to collect delin-
quent assessments.
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(F) Right of Enforcement
The Association shall have the power and author-
ity from time to time in its own name and on its own behalf, and on
behalf of any owner or owners who consent thereto, to commence and
maintain actions and suits at law for damages or in equity to restrain
and enjoin any breach or threatened breach of any provisions of this
Declaration, the Bylaws or the Association rules adopted pursuant to
.Section 3.6 of the Article III, and Section 4.9 of this Article IV,
or any resolutions of the Board, and to enforce by mandato ' ry injunc-
tion, or otherwise, all of said provisions. In addition to foregoing
remedies, the Association shall have the right to suspend the vio-
lator's voting rights, suspend Privileges for use of the Common Area,
or by impose monetary penalties for such violations against any owner
or other person entitled to exercise such rights or privileges by
reason of any violation of this Declaration, the Bylaws, Association
rules or Board resolutions, provided, however, that:
(1) The accused Member must be given 15 days'
prior notice of the violation giving rise to the disciplinary action
and the reasons therefore; and in addition, must be given an opport-
unity to be heard, orally or in writing, with respect to the alleged
violation, not less than five (5) days before the effective date of
the disciplinary action in accordance with the provisions of Section
7341 of.the California Corporations Code.
(2) Any suspension of a Member's Association
privileges shall not exceed thirty (30) days for each violation.
(3) Any such monetary penalty shall not exceed
one hundred dollars ($100.00) for each violation.
(4) Ten (10) days written notice of the Board
meeting at which such action is to be imposed shall be provided, such
notice shall contain the time, date, place and subject matter of the
meeting.
(5) Except under the provisions of Article IV of
this Declaration, relating to foreclosure for failure to pay assess-
ments, or as a result of the judgment of court or a decision arising
out of arbitration, the Association shall in no way abridge the right
of any Owner to the full use and enjoyment of his Unit.
(6) Any monetary penalty may not have lien rights.
The meeting at. which the action by the Board is contemplated, and at
which the charged owner or other person shall be given the right to
appear and be heard, shall be a duly called regular or special meet-
ing of the Board whereat all Board Members shall be present.
(G) Capital Improvements
The Association shall not make expenditures for
capital improvements to the common 'area in any fiscal year in excess
of five percent (5%) of the budgeted gross expenses of the Associa-
tion for that fiscal year, except in compliance with Article IV,
Section 4.4 of this Declaration.
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(H) Sale of Association Property
The Association shall not sell, during any fiscal
year, property of the Association having any aggregate fair market
value greater than five percent (50) of the budgeted gross of the
Association for that fiscal year.
(I) Dedication
The Association shall have the power to dedicate
all or any part of the Common Area to any public agency authority,
or utility for such purposes and subject to such conditions as
may be agreed to by the Members. No such dedication shall be
effective unless an instrument has been signed by two-thirds (2/3)
of the total voting power of the Association which shall include
two-thirds (2/3) of the members other than Declarant, or where the
two class voting structure is still in effect, shall include
two-thirds (2/3) of the voting power of each class -of members.
W Contracts
The governing body of the Association shall
ordinarily be prohibited from taking any of the following actions,
except with the vote or written assent of a majority of the voting
power of the Association residing in members other than the
subdivider; entering into a contract with a third person wherein
the third person will furnish goods or services for the common
area or the owners' Association for a term longer than one year
with the following exceptions:
(1) A management contract, the terms of which
have been approved by the Federal Housing Administration or
Veterans Administration.
(2) 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 the term
of the contract shall not exceed the shortest term for which the
supplier will contract at the regulated rate.
(3) Prepaid casualty and/or liability insurance
policies of not to exceed three years duration provided that the
policy.permits short rate cancellation by the fissured.
(4) Lease agreements for laundry room fixtures
and equipment of not to exceed five years duration provided that
the lessor under the agreement is not an entity in which the
subdivider has. a direct or indirect ownership interest of 10
percent or more.
(5) Agreements for cable television services and
equipment or satellite television services and equipment of not to
exceed five years duration provided that the supplier is not an
entity in which the subdivider has a direct or indirect ownership
interest of 10 percent of more.
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(6) Agreements for sale or lease of burglar alarm
and fire alarm equipment, installation and services of not to
exceed five years duration provided that the supplier or suppliers
are not entities in which the subdivider has a direct or indirect
ownership interest of 10 percent or more.
(K) Delegation
The Association acting by and through the Board
shall have the authority to. delegate its powers, duties and
responsibilities to committees or employees, including a
professional managing agent (sometimes hereinafter referred to as
the "manager").
(L) Compensation
Paying compensation to members of the governing
body or to officers of the association for services performed in
the conduct of the Association's business provided, however, that
the governing body may cause a member or officer to be reimbursed
for expenses incurred in carrying on the business of Association.
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ARTICLE IV
ASSESSMENTS AND COLLECTION PROCEDURES
Section 4.1 Purpose of Assessments
The Assessments levied by the Association
shall be used exclusively for the purpose of promoting the
recreation, health, safety and welfare of the Members of the
Association, their social guests, tenants, employees, servants and
invitees, and in particular shall be used for the purpose of
improving, protecting, operating and maintaining the Common Area
and the facilities, improvements, landscaping and structures
located thereon, and providing for the acquisition and maintenance
of property, services and facilities devoted to this purpose, and
directly related to the use and enjoyment of the Common Area and
the Units, and otherwise providing for the performance by the Board
of each and every one of the powers and duties of the Board.
Section 4.2 Creation of the Lien and Personal Obligation
The Declarant covenants and agrees for each
unit owned by it in the Project, and each Owner by acceptance of
the deed to such Owner's Unit is deemed to covenant and agree, to
pay to the Association the regular and special assessments levied
pursuant to the provisions of this Declaration. All moneys
collected shall be put into a maintenance fund to be used to defray
expenses attributable to the ownership, operation, and maintenance
of common interests by the Association, but the Owner may not waive
or otherwise escape liability for these assessments by nonuse of
the Common Area or abandonment of Owner's unit. Each assessment,
along with interest thereon, late charges, collection costs, and
reasonable attorney's fees shall be a continuing lien upon the Unit
to become effective upon recordation of a notice of assessment, and
also shall be the personal obligation of the Unit Owner of record
at the time of assessment. All assessments, both regular and
special, (except as noted in Section 4.4) shall be charged to the
Unit Owners according to the ratio of the number of units owned by
the Owner assessed to the total number of Units in the Projects.
Assessments shall commence on the first day
of the first month following the closing of the first sale of a
condominium unit, and shall be assessed to all units, including
those belonging to the subdivider. Assessments may be collected on
a monthly basis.
Association assessments shall be prorated as
of close of escrow unless Association assessments commence at a
later date pursuant to the provisions of the Declaration. In
addition, Buyer shall be charged with the Association assessments
for the full month following close of escrow, which assessments
Escrow Holder shall disburse to the Association upon close of
escrow.
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The subdivider and his successor in interest, if any is an
owner subject to the payment of regular and special assessments
against subdivision interests which he owns provided, however,
that the subdivider and any other owner of the subdivision in-
terest which does not include a structural improvement for human
occupancy may be exempted by the governing intruments from the
payment of that portion of any assessment which is for the purpose
of defraying expenses and reserves directly attributable to the
existence and the use of the structural improvements. The exempt-
ion 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 television; and
(6) Domestic water supplied to living units.
(A) Any exemption from the payment of assessments attributed to
dwelling units shall be in effect only until the earliest of
the following events.
(a) A notice of completion of the structural improvements
has been recorded.
(b) Occupation or use of the dwelling unit.
(c) Completion of'all elements of the residential structures
which the Association is obliged to maintain.
(B) The subdivider and any other owner or a subdivision interest
may be exempted by the governing instruments from the payment
of that portion of any assessment which is for the purpose of
defraying expenses and reserves directly attributable to the
existence and use Of a common facility that is not complete
at the time assessments commence. Any exemption from the
payment of assessments attributed to common facilities shall
be in effect only until the earliest of the following events.
(a) A notice of completion of the common facility has been
recorded. -
The governing body of the Association may not, without the vote
or written assent of a majority of the voting power of the Association
residing in members other than the subdivider, impose a regular annual
assessment per subdivision interest which is more than 20% greater than
the regular assessment for the immediately preceding fiscal year.
-15A-
Section 4.3 Common Assessment
(A) Purpose
The Common Assessment shall be levied by
the Association for the purpose of obtaining Common Funds to pay
Common Expenses.
(B) Commencement
The Common Assessment shall commence as
to all units on the first day of the month following the close of
escrow of a sale of a unit located on the Project.
(C) Initial Common Assessment
The first Common Assessment shall be
based on a budget for the anticipated Common Expenses for the
first fiscal year of the Association prepared by Declarant and
presented to potential purchasers of Units.
(D) Regular Assessments
At least sixty (60) days prior to the
beginning of each calendar year the Board shallestimate the
total amount of funds necessary to defray the Common Expenses of
the Association for the year distribute the budget as provided in
Article IV, ,Section 4.3 (E) , below and if said amount is approved
by the Board, the same shall become the regular assessments for
each year. Unless otherwise provided in the Declaration, the
Association shall levy regular and special assessments sufficient
to perform its obligations under the governing documents and this
title.
In addition to any limitations placed on
the Board by the governing documents, the Board of Directors of
the Association may not impose, except as provided in this
subdivision, a regular assessment that is more than 10 (ten)
percent greater than the regular assessment for the association
preceding fiscal year or impose special assessment which
aggregate exceed 5% (five percent) of the budgeted gross expenses
of the Association for that fiscal year without the approval of
the owners casting of the majority of the votes at a meeting or
election of the association conducted in accordance with the
provisions of Section 7510 and Section 7613 of the Corporation
Code.
The provisions of this subdivisions do'
not limit assessment increases for the following purposes:
(1) The maintenance or repair of the
common areas 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.
(2) Addressing emergency situations
The governing body of the Association
may not without the vote or written assent of a majority of the
voting power of the Association residing in members other than
the subdivider, impose an assessment per subdivision interest
which is more than 20% greater than the regular assessment for
the immediately preceding fiscal year. In any event, the total
increments of the regular assessment (10) ten percent plus the
above mentioned (1) and (2) exceptions should not exceed 20
(twenty) percent.
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(E) Budgets and Financial Statements
The Board of Directors of the Association shall arrange
and be responsible for all of the financial information, described
in this Declaration, to be regularly prepared and distributed by
the governing body to all members of the Association:
(1) A Budget for each fiscal year consisting of at
least the following information shall be distributed not less
than 45 (forty-five) and not more than 60 (sixty) days prior to
the beginning of the fiscal year.
(a) Estimated revenue and expenses on an
accural basis.
(b) The amount of the total cash reserves
of the Association currently available
for replacement of major repair of
common facilities and for contingencies.
(C) An estimate of the current replacement
costs of the estimated remaining life
of, and the methods of funding used to
defray the future repair, replacement
or additions to, those major components
of the common areas and facilities
which the Association is obligated to
maintain.
(d) A general statement setting forth the
procedures used by the governing body
in the calculation and establishment
of reserves to -defray the costs of
repair, replacement of the common areas
and facilities for which the Associa-
tion is responsible.
(2) A Balance Sheet - as of an accounting date which
is the last day of the month closest in time to six months from
the date of closing of the first sale of an interest in the sub-
division - and an operating statement for the period from the
date of the first closing to the said accounting date, shall be
distributed within 60 (sixty) days After the accounting date.
This operating statement shall include a schedule of assessments
received identified by the number of the subdivision interest
and name of 'the entity assessed.
-17-
(3) A report consisting of the following
shall be distributed within 120 (one hundred & twenty) days -after
the close of the fiscal year.
(a) A balance sheet as of the end of the
fiscal year;
the fiscal year; (b) An operating (income) statement I for
(c) A statement of changes in financial
position for the'fiscal year.
If the report is not prepared by an
independent accountant, it shall be accompanied by the
certificate
icate of an authorized officer of the Association that the
statement was prepared 'from the books and records of the
Association without independent audit or review.
(4) A review of the financial statement of
the Association shall be prepared in accordance with generally
accepted accounting principles by a licensee of the California
State Board of Accountancy for any fiscal year in which the gross
income to the Association exceeds seventy-five thousand dollars
($75,000.00). A copy of the review of the financial statement
shall be distributed within one hundred & twenty (120) days after
the close of each fiscal year. To provide that in lieu of the
distribution of the financial statement required for associations
having a gross income exceeding $75,000.00, the Board of
Directors may elect to deliver a summary of the statement to all
members with a NOTICE that the financial statement is available
at a location within the subdivision's boundaries. The
Association must mail a copy of the financial statement to
members requesting same at the expense of the association and
delivered within five days. The written notice that is
distributed to each of the association members shall be in at
least 10 -point bold type on the front page of the summary of the
statement.
(5) A statement as to an association's
policies and practices in enforcing the lien rights or other
legal remedies of the default in the payment of its assessments
against its members shall be delivered within sixty (60) days
prior to the beginning of the next fiscal year.
(6) The governing body shall do the
following not less frequently than quarterly:
(a) Cause a current reconciliation of
the Association's operating accounts to be made and review the
same.
(b) Cause a current reconciliation of
the Association's reserve accounts to be made and review the
same.
(c) Review the current year's actual
reserve revenues and expenses compared to the current year's
budget. _18-
(d) Review the 'nos t current account
statements prepared by the financial institution where the
Association has its operating and reserve accounts.
(e) Review an income and expense
statement for the Association's operating and reserve accounts.
(7) Withdrawal of funds from -the
Association's reserve account shall require the signatures of
either:
or; (a) Two members of thP governinq body
(b) One member of the governing body and
an officer of the Association who is not also a member of the
governing body.
(F) Assessment
(1) (a) For the purposes of subdivision which
described in Section 4.3(D) of Article TV, a quorum means more
than 50% of the members of the Association.
(b) An meeting or election of the
Association for purposes of complying with subdivision which
described in Section 4-3(D) of Article IV, shall be conducted in
accordance with Chapter 5 (commencing with Section 7510) of Part
3, Division 2 of Title I of the Corporations Code and Section
7613 of the Corporations Code.
(2) Notwithstanding any other provision
containedin this section, the governing body may increase
assessments necessary for emergency situations. For purposes of
this section, an emergency situation is any one of the following:
an order of a court. (a) An extraordinary expense required by
(b) An extraordinary expense necessary
to repair or maintain subdivided property or any part of it for
which the Association is responsible where a threat to personally
safety on the property is discovered.
(c) An extraordinary expense necessary
to repair or maintain the subdivided property or any part of it
for which the Association is responsible that could not have been
reasonably foreseen by the governing body in preparing and
distributing the pro, forma operating budget. However, prior to
the imposition or collection of an assessment under this
subdivision, the governing body shall pass a resolution
containing written findings as to the necessity of the
extraordinary expense involved and why the expense was not or
could not have been reasonably foreseen in the budgeting process,
and the resolution shall be distributed to the members with the
notice of assessments.
(G) Individual Assessments
The total estimated Common Expenses shall be
divided among, assessed and charged to and against the individual
owners and their condominium (including Declarant) with respect
to any retained or unsold Condominium.. If an annual Common
Assessment is not made as required for a new fiscal year, the
Common Assessment for the prior fiscal year shall apply and
govern each Owner's payments until changed by a new Common
Assessment.
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Section 4.4 Special Assessments
In the event the Board shall determine that
the theretofore estimated total amount
mount of funds necessary to
defray the common expenses of the Association for a given
calendar year is, or will become, inadequate to meet such
expenses for any reason, including, but not limited to,
unanticipated delinquencies, cost of construction or
re -construction, unexpected repairs or replacement of capital
improvements upon the common area; or otherwise, the Board shall
determine , the approximate amount necessary to defray such
expenses. The Board may, in its discretion, pro rate such special
assessment over the remaining months of the calendar year, or
levy such assessment immediately against each condominium. A
special asses ' sment against the owners of the development to raise
funds'for the 'rebuilding or major repair of the structural common
area housing units of the project shall be levied upon the basis
of the ratio of the square footage floor area of the unit to be
assessed, to the total,square footage floor area of all the units
to be assessed.
Section 4.5 Notice and Quorum for Any Action Authorized
Under Article IV
Any action authorized under Article IV, which
requires of the membership, shall be taken at a meeting called
for that purpose, written notice of which shall be sent to all
Members not less than ten (10) nor more than ninety (90) days in
advance of the meeting specifying the place, day and hour of the
meeting and, in the case of a special meeting, the nature of the
business to be undertaken.
Section 4.6 Notice and Assessment; Installment Due Dates
A single ten (10) days prior written notice
of each annual regular assessment and each special assessment
shall be sent to the owner or owners of every condominium subject
thereto wherein the due dates for the payments of installments
thereof shall be specified. The due dates for the payment of
installments of regular assessments and special assessments shall
normally be the first day of each month unless some other due
date ' is established by the Board. Each installment of regular
assessments and special assessments shall become delinquent if
not paid within fifteen. (15) days after. its due date. If an
assessment is delinquent the Association may recover all of the
following:
(1) Reasonable costs incurred in collecting
the delinquent assessments, including reasonable attorney's fees.
(2) A late charge not exceeding 10 (ten)
percent of the delinquent assessment or ten dollars ($10),
whichever is greater.
(3) Interest on all sums imposed in
accordance with this section, including the delinquent
assessment, reasonable costs of collection, and late charges, at
an annual percentage rate not to exceed 12 percent interest,
commencing 30 days after the assessment becomes due.
-21-
Section 4.7 Lien & Trustee Sale
A regular or special assessment and any late
charges, reasonable costs of collection, and interest, as assessed
in accordance with Section 1366 of the California Civil Code, shall
be a debt of the owner of the separate interest at the time the
assessment or other sums are levied. The amount of the assessment,
plus any costs of collection, late charges, and interest assessed
in accordance with Section 1366, shall be a lien on the owner's
interest in the common interest development from and after the time
the association causes to be recorded with the county recorder of
the County in which the separate interest is located, a notice of
delinquent assessment, which shall state the amount of the
assessment and other sums imposed in accordance with Section 1366,
a description of the owner's interest in the common interest
development against which the assessment and other sums are levied,
the name of the record owner of the owner's interest in the common
interest development against which the lien is imposed, and, in
order for the lien to be enforced by nonjudicial foreclosure; the
name and address of the trustee authorized by the association to
enforce the lien by sale. The notice of delinquent assessment shall
be signed by the person designated in the declaration or by the
association for that purpose, or if no one is designated, by the
president of the association. Upon payment of the sums specified in
the notice of delinquent assessment, the association shall cause to
be recorded a further notice stating the satisfaction and release
of the lien thereof.
A lien created pursuant to subdivision shall be
prior to all other liens recorded subsequent to the notice of
assessment, except that the declaration may provide for the
subordination thereof to any other liens and encumbrances. A lien
created pursuant to subdivision may be enforced in any manner
permitted by law, including sale by the court, sale by the trustee
designated in the. notice of delinquent assessment, or sale by a
trustee substituted pursuant to Section 2934a. Any sale by the
trustee shall be conducted in accordance with the provisions of
Sections 2924, 2924b, and 2924c applicable to the exercise of
powers of sale in mortgages and deeds of trusts.
Section 4.8 Transfer of Unit by Sale or Foreclosure
Sale or transfer of any Unit shall not affect
the assessment lien. However, the sale, or transfer of any Unit
pursuant to a first mortgage foreclosure shall extinguish the lien
of such assessments as to payments which became due prior to such
sale or transfer (except for assessment liens recorded prior to the
mortgage). No sale or transfer shall relieve such Unit from
liability for any assessments thereafter becoming due or from the
lien thereof. Where the mortgagee of a first mortgage of record or
other purchaser of a Condominium obtains title to the same as a
result of foreclosure of any such first mortgage, such acquirer of
title, his successor and assigns, shall not be liable for the share
of the common expenses or assessments by the Association chargeable
to such Condominium which became due prior to the acquisition of
title to such Condominium by such acquirer. Such unpaid share of
common expenses or assessments shall be deemed to the common
expenses, collectible from all of the Condominium including such
acquirer, his successors and assigns.
Section 4.9 Priorities; Enforcement; Remedies
The� -right to collect and enforce assessments is
hereby vested in the Board acting by and on behalf of the Associa-
tion. The Board or its authorized representatives, including the
manager, if any, may enforce the obligations of the owners to pay
assessments provided for in this Declaration by commencement and
maintenance of a suit at law or in equity or the Board may fore-
close by judicial proceedings or through the exercise of the power
of sale to enforce the lien rights created hereby. Suit to recover
a money judgement for unpaid assessments together with all other
amounts described in Section 4.6 of Article IV hereby shall be
maintainable without foreclosing or waiving said lien rights.
In the event of a delinquency in the payment of
any assessment or installment thereof, respecting a condominium,
such amounts as may be delinquent, together with the late charge,
interest and all costs which may incurred by the Board or its re-
presentatives in the collection of said amounts, including reasonable
attorney's fees and court costs, shall be and become a lien against
such condominium upon the recordation in the office of the County Re-
corder of said County of a Notice of Assessment as provided in Section
1367 of the California Civil Code. The Notice of Assessment shall not
be recorded until fifteen (15) days after the Board or its authorized
representative has delivered to the delinquent owner or owners of
such condominium, a copy of the Notice of Default. Said lien shall
expire and be null and void unless within one (1) year after recorda-
tion of said Notice of Assessment, the Board or its authorized re-
presentative records a Notice of Default as hereinafter provided or
institutes Judicial Foreclosure Proceedings. When a notice of
assessment has-been recorded, such assessment shall constitute a
lien an such respective Condominium prior and superior to all other
liens except (1) all taxes, bonds, assessments and other levies
which, by law would be superior thereto, and (2) the lien or charge
of any first mortgage of record (meaning any recorded mortgage or
deed of trust with first priority over other mortgages or deed of
trust) made in good faith and for value.
A monetary penalty imposed by the Association as
a disciplinary measure for failure of -a member to comply with the
governing instruments or as a means of reimbursing the Association
for costs incurred by the Association in the repair of damage to
common areas and facilities for which the member was allegedly res-
ponsible or in bringing the member and his subdivision interest
into compliance with the governing instruments may not be character-
ized nor treated in the governing instruments as an assessment which
may become a lien against the member's subdivision interest enforceable
with the provisions of Section 2924, 2924(b) and 2924(c).of the
California Civil Code. The Board may impose monetary penalties,
temporary suspensions of an owner's rights as a member of the Associa-
tion or other appropriate for failure to comply with governing in-
struments of the Association, provided that the procedures for notice
and hearing, satisfactory the minimum requirements of Section 7341 of
the Corporation Code in effect from time to time, are followed with
respect to the accused member before a decision to impose discipline
is reached, and as are described in Article III, Section 3.7 (F)
of this Declaration.
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ARTICLE V
INSURANCE
Section 5.1 Liability Insurance
The -Association. shal1 obtain and maintain in
force comprehensive public liability insurance insuring the
Association, the manager, if any, the Declarant and the owners and
occupants of condominiums, their respective clients, guests and
invitees, and the agents and employees of each, against any
liability incident to the ownership or use of the common area and
including, if obtainable, a cross -liability to each other insured.
The limits of such insurance shall not be less than $1,000,000.00
for death of or injury to any one person in any one occurrence,
$1,000,000.00 for death or injury to more than one person in any
one occurrence, and $50,000.00 for property damage in any one
occurrence.
Section 5.2 Fire and Extended Coverage Insurance
In the event of damage to or destruction of any
unit, the Owner shall construct the same as soon as reasonably
practicable and substantially in accordance with the original
plans and specifications therefor.
The Association shall obtain and continue in
effect a master or blanket Policy of fire insurance for the full
insurable value of all of the improveme_n_ts within the development.
Such policy and any endorsements thereon shall be in the form and
content, for such term and in such company as may be satisfactory
to any first mortgagee; and, if more than one mortgagee has a loan
of record against the development, or any part thereof, such
policy and endorsements shall meet the maximum standards of the
various mortgagees represented in the development. Such policy
shall contain extended coverage, a special form endorsement, a
stipulated amount clause, and a determinable cash adjustment
clause, or similar clause, to permit cash settlement covering the
full value of the improvements in the event of partial destruction
and a decision not to rebuild. Such policy shall be in such
amounts as shall be determined from time to time by the Board,
shall name as insured the Association, the owners and the
Declarant, so long as Declarant is the owner of any of the
condominiums, and all mortgagees as their respective interests may
appear, and may contain a loss payable endorsement in favor of the
trustee hereinafter described.
Insurance premiums for the master policy shall
be a common expense to be included in the monthly assessments
levied by the Association and the portion of such payment
necessary for the insurance premiums shall be held in a separate
account of the Association and shall be used solely for the
payment of the master insurance Policy premiums become due.
-24-
Section 5.3 Individual Fire Insurance
If available,. underlying fire insurance
coverage for individual condominiums shall be written as a part
of or in conjunction with, said master policy', where necessary to
protect individual lenders. If such coverage is not available,
each owners of each condominium shall purchase and maintain at
his or their expense such fire and casualty coverage as may be
required by his or their individual mortgage. Any such underlying
insurance shall contain a replacement cost endorsement, if
available, and to the extent available, such other endorsements
as may be a part of the master policy. Such insurance shall
likewise name as insured all of the owners and Declarant, so long
as Declarant is the owner of any of the condominiums, and all
mortgages, as their respective interests may appear, and may
contain a loss payable endorsement in favor of the trustee
hereinafter described.
Section 5.4 Trustee
All insurance proceeds payable under Section
5.2 and 5.3 above, and subject to the rights of the mortgagees
under 5 ' .7 may be paid to a trustee, to be held and expended for
the benefit of the owners mortgagees and others, as their
respective interests shall appear. Such trustee shall be either a
commercial bank or the Board. In the event repair or
reconstruction is authorized, the Board shall have the duty to
contract for such work as provided for herein.
Section 5.5 Other Insurance
The Board may purchase and maintain in force
demolition insurance in adequate amounts to cover demolition in
the event of total or partial destruction and a decision not to
rebuild. The Board shall also purchase and maintain Workmen's
Compensation insurance, to the extent that the same shall be
required by law, for all employees of the development. The Board
may also purchase and maintain fidelity bonds, insurance on
personal property owned by the Association, and such other
insurance as it deems necessary.
Section 5.6
Owner's Insurance
Any owner may carry such personal liability
and property damage insurance respecting his condominium as he
may desire; provided, however, any such policy shall include a
waiver of subrogation clause.
Section 5.7 Distribution to Mortgagees
With, respect to insurance coverage under
Section 5.2 and 5.3, above, any mortgagee shall have the option
to apply insurance proceeds payable thereunder to such mortgagee
in reduction of the obligation secured by the mortgage of such
mortgagee, provided, however, that any decision by the
Association and seventy-five percent (75%) of said first
mortgagees to rebuild shall be binding on all said mortgagees.
-25-
Section 5.8. Loss Payable Clauses.
All applicable fire and
d all physical loss or ex-
tended coverage insurance Policies shall contain loss payable clauses
naming the mortgagees, as their interest may appear.
Section 5.9. Premium(s)
Each buyer of a Unit shall Pay the portion of the
premium(s) attributable to his Unit for the policy or policies purch-
ased by Declarant for the Association.
ARTICLE VI
DAMAGE, DESTRUCTION AND CONDEMNATION
Section 6.1 Damage or Destruction
If any of the Project improvements are damaged
by fire or other casualty, insurance proceeds payable to the
Association shall be used to rebuild or repair such damage
substantially in accordance with the original plans and
specifications therefor. Any excess insurance proceeds shall be
deposited to the general funds of the Association. In the event
the proceeds of the Association's insurance policy are
insufficient to rebuild or repair the Common Area and the Units,
then the Association may use funds from its account or if
necessary from levying a special assessment on all Units Owners to
restore or rebuild said Common Area, and said Units.
All property and liability insurance carried by
the Association or the Owners shall contain a cross liability
endorsement and waiver of subrogation as to the Association,
officers and directors, and any members, their guests, agents and
employees.
A majority of the Unit Owners may elect not to
reconstruct the Common Areas in the event of fire or other
casualty damage to the Common Area improvements. In the event of
such an election, the insurance proceeds will be distributed- among
the Unit Owners in proportion to the fair market value of one Unit
as compared to the total fair market value of all Units, as
determined as of a date immediately prior to the destruction, by
an independent appraiser.
Section 6.2 Negligently or Willfully Caused Damages
An owner or persons negligently or willfully
causing damages to the development shall be liable therefor.
Section 6.3 Condemnation
In the event of an award for the taking of any
Unit in the Project by eminent domain, the Owner of such Unit
shall be entitled to receive the award for such taking and after
acceptance thereof he and his mortgagee shall be divested of all
interest in the Project if such Owner shall vacate his Unit as a
result of such taking. The remaining owners shall decide by
majority vote whether to rebuild or repair the Project, or take
other action. The remaining portion of the Project shall be
resurveyed, if necessary, and the Declaration shall be amended to
reflect such taking and readjust proportionately the percentages
of undivided interest of the remaining Owners in the Project.
-27-
In the event of a taking by eminent domain of any part
of the Common Area, the Association shall participate in the
negotiations, and shall propose the method of division of the
proceeds of condemnation, where Units are not valued separately by
the condemning authority or by the court. A condemnation award
-affecting all. or _a part of the -structural, Common Area which is not
apportioned among the Owners by Court judgment or by agreement
between the condominium authority and each of the affected owners
in the Project, shall be distributed among the affected Owners and
their respective Institutional Lenders (mortgagees) according to
the relative values of the 'Units affected by the Condemnation as
determined by independent appraisal. In the event any Unit Owner
disagrees with the proposed allocation, he may have the matter
submitted to arbitration under the rules of the American
Arbitration Association.. In the event of eminent domain
proceedings against the Project or any portion thereof,
Institutional Lenders shall be given timely written notice thereof
or the Common Area or any portion thereof is made the subject
matter of any condemnation or eminent domain proceedings or is
otherwise sought to be acquired by a condemning authority, the
Institutional Lender, with respect to any such Condominium, will
be entitled to timely written notice of such proceedings or
proposed acquisition and no provision of any document establishing
the Project will entitle the Owner of a Condominium or other party
to priority over such Institutional Lender with respect to the
distribution to such Condominium of the proceeds of any award or
settlement.
Section 6.4 Arbitration
In the event of a dispute among the owners or
mortgagees with respect to. the provisions of this Article VI
any owner may cause the same to be referred to arbitration in
accordance with the then prevailing rules of the American
Arbitration Association. In the event of arbitration, notice
thereof shall be given to the members of the Board and all other
owners and their respective mortgagees as promptly thereafter as
possible, giving all Board members, owners and mortgagees an
opportunity to appear in such arbitration proceedings. The
decision of such arbitrator may include an award for costs and/or
attorney's fees against any one or more parties to the
arbitration. The award or decision may be *confirmed and enforced
by a court of competent jurisdiction.
ARTICLE VII.
USE RESTRICTIONS
In addition to all of the covenants contained herein, the use
of the Project and each Condominium therein is subject to the fol-
lowing:
Section 7.1. Condominium Use. No Condominium shall be occu-
pied and used except for residential purposes by the Owners, their
tenants, and social guests, and no trade or business shall be con-
ducted therein, except that Declarant, its successors or assigns,
may use any Unit or Units in the Project owned by Declarant for a
model home site or sites and display and sales office during con-
struction and until the last Unit is sold.*
Section 7.2. Nuisances. No noxious, illegal, or offensive
activities shall be carried upon any Condominium, or in any part of
the Project, nor shall anything be done thereon which may be or may
become an annoyance or a nuisance to or which may in any way inter-
fere with the quiet enjoyment of each of the Owners of his respect-
ive Unit, or which shall in any way increase the rate of insurance
for the Project,- or cause any insurance policy to be cancelled or
to cause a refusal to renew the same, or which will impair the
structural integrity of any building.
Section 7.3. Vehicle Restrictions. No trailer, camper,
mobile home, commercial vehicle, truck (other than standard size
pick-up truck) inoperable automobile, boat or similar equipment
shall be permitted to remain upon any area within the Project,
other than temporarily, unless placed or maintained within an en-
closed garage or carport. Commercial vehicles shall not include
sedans or standard size pickup trucks which are used both for
business and personal use, provided that any signs or markings of
a commercial nature on such vehicles shall be unobstructive and
inoffensive as determined by the Board. No noisy or smoky vehic-
les shall be operated on the property.. No off-road unlicensed
motor vehicles shall be operated upon the Project..
Section 7.4. Signs. No signs shall be displayed to the
public view on any Units or on any portion of theProjectexcept
such signs as are approved by the Board or committee appointed by
the Board. "For Sale" or "For Rent" signs shall be allowed provid-
ed they do not exceed three (3) square feet in size.
Section 7.5. Animals. No animals, or birds of any kind shall
be raised, bred, or kept in any Condominium, or any portion of the
Project, except that no more than two (2) usual and ordinary house-
hold pets such as dogs, cats, birds, etc. may be kept, provided
that they are not kept, bred, or maintained for any commercial pur-
poses, and they are kept under reasonable control at all times.
Notwithstanding the foregoing, no pets may be kept on the Project
which result in any annoyance or are obnoxious to other Unit Owners.
No pets shall be allowed in the Common Area except as may be permit-
ted by rules of the Board. No dog shall enter the Common Area ex-
cept while on a leash which is held by a person capable of controll-
ing it. No dog whose barking disturbs other Owners shall be permit -
ed to remain on the Property. Owners shall prevent their pets from
soiling all portions of the Common Area where other persons custom-
arily walk and shall promptly clean up any mess left by their pets.
Section 7.6. Garbage and Refuse Di.sposal
All rubbish, trash and garbage shall be regularly
removed from the Project, and shall not be allowed to accumulate there-
on. Trash, garbage and other waste shall not be kept except in sanit-
ary containers. All incinerators or other equipment for the storage
or disposal of such materials shall be kept in a clean and sanitary
condition. All equipment, garbage cans, woodpiles, or storage piles
shall be kept screened and concealed from view of other Units, streets
and Common Areas.
Section
7.7. Radio and Television
Antennas
No alteration to or
modification of a
central
radio and/or
television antenna system or
cable television
system,
whichever is
applicable, as developed by
Declarant and as
maintained
by the Association, shall be permitted,
and no Owner may be
permitted
to construct
and/or use and operate his
own external radio
and/or
televison antenna without the consent of
the Board.
Section 7.8. Right to Lease
The respective Condominiums shall not be rented
by the Owners thereof for transient or hotel purposes, which shall be
defined as (a) rental for any period less than thirty (30) days, or
(b) any rental if the occupants of the Units are provided customary
hotel service such as room service for food and beverage, maid service,
furnishing laundry and linen, and bellboy service. Subject to the
foregoing restrictions, the Owners of the respective Condominiums shall
have the absolute right to lease same provided that the lease is made
subject to the covenants, conditions, restrictions, limitations and
uses contained in this Declaration and the Bylaws, but shall remain
responsible for their tenants for violations of rules and for damage
to the Common Area.
Section 7.9. Architectural Control. No building, fence,
wall, obstruction, balcony, screen, patio, patio cover, tent, awning,
carport, carport cover, improvement, or structure of any kind shall
be commenced, erected, painted or maintained upon the property, nor
shall any alteration or improvement of any kind be made thereto until
the same has been approved in writing by the Board. Plans and speci-
fications showing the nature, kind, shape, color, size, materials and
location of such improvements, alternations, etc., shall be submitted
-30-
to the Board for approval as the quality of the workmanship and de-
sign and harmony of external design with existing structures, and as
to location in relation to surrounding structures, topography, and
finish grade elevation. No permission or approval shall be required
to repaint in accordance with Declarant's original color scheme, or
to rebuild in accordance with Declarant's original plans and speci-
fications. No permission or approval shall be required to repaint
in accordance with a color scheme Previously approved by the Board,
or to rebuild in accordance with plans and specifications previously
approved by the Board.
No landscaping of patios or yards visible from the street or
from the common area not involving the use of natural plants, grass,
trees, or shurb,s, and which does involve the use of synthetic mater-
ials, or of concrete, rock, or similar materials, shall be undertaken
by any owner.
All landscaping is part of the common area and is maintained by
the Association. No additional planting, trimming, pruning, or any
other changes may be made without the written approval of the Associ-
ation.
Section 7.10. Window Covers. Only curtains, drapes and shades
may installed as windows covers. No window shall be covered by paint,
foil, sheets or similar items. The Board may adopt rules requlating
the type, color and design of window covers.
. 'Section 7.11. Clothes Lines & External Laundrying. No exter-
ior clothes lines shall be erected or maintained. Unless otherwise
permitted by the Board, external laundrying and drying of clothing
and other items is prohibited.
Section 7.12. Power Equipment and Car Maintenance. No power
equipment, hobby shops, or car maintenance (other than emergency work)
shall be permitted on the Project except with prior written approval
of the Board. Approval shall not be unreasonably withheld and in de-
ciding whether to grant approval the Board shall consider the effects
of noise, air pollution, dirt or grease, fire hazard, interference
with radio or televisio*n reception, and similar objections.
Section 7.13. Liability of owners for Damage to Common Area.
The owner of each Unit shall be liable to the Association for all
damages to the Common Area or improvements thereon caused by such
Owner or any occupant of his Unit or guests, except for that portion
of said damage, if any fully covered by insurance. Liability of an
Owner shall be established only after notice to the Owner and on
hearing before the Board.
-31-
Section 7.14 Oil and Mineral Rights
No oil drilling, oil development operations, oil.
refining, quarrying or mining operations of any kind shall be permit-
ted upon the surface of the Project, nor shall oil wells, tanks, tun-
nels, mineral excavations or shafts be installed upon the surface of
the Project or within five hundred (500) fe-et'below the surface of
the Project. No derrick or other structure designed for use in bor-
ing for water, oil or natural gas shall be errected, maintained or
permitted upon the Project. The foregoing notwithstanding, nothing
herein shall be construed as preventing Declarant and its agents and
assigns from engaging in all forms of construction and sales activit-
ies within the Project.
Section 7.15 Compliance with Laws, Etc.
Nothing shall be done or kept in any unit or in
the common area which might increase the'rate of, or cause the cancel-
lation of, insurance on the development, or any portion thereof, with-
out the prior written consent of the Association.
Section 7.16 Owner's Obligation for Taxes
Each owner shall be obligated to pay any taxes or
assessments by the County Assessor of said County against his condom-
inium and against his personal property.'
Section 7.17 Age Restrictions
There are no restrictions on the age of the resi-
dents or visitors within any condominium.
- lk -( t - --
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R
ARTICLE VIII
PROTECTION OF MORTGAGEES
Section 8.1 Mortgages Permitted
. Any Owner may encumber his condominium with a
mortgage.
Section 8.2 Subordination
Any lien created or claimed under the
provisions of this Declaration is expressly made subject and
subordinate to the rights of any first mortgage encumbering all or
a portion of the development, or any condominium therein, made in
good faith and for value , and no such lien shall in any way
defeat, invalidate or impair the obligation or priority of such
mortgage unless the mortgagee thereunder thereof shall expressly
subordinate his interest, in writing, to such lien.
Section 8.3 Amendment
Amendment to this Declaration shall be in
accordance with Section 11(c)(2) of this Article VIII.
Section 8.4 Effect of Breach Hereof
No breach of any provision of these covenants,
Conditions and Restrictions shall invalidate the lien of any first
mortgage made in good faith and for value, but all of said
Covenants, Conditions and Restrictions shall be binding upon any
owner whose title is derived through foreclosure sale, trustee's
sale or otherwise.
Section 8.5 Foreclosure
A lien for regular or special assessments
against an owner is herein made subordinate to the lien of any
first. mortgage of first deed of trust (hereafter collectively
referred to as first encumbrance) against subdivision interests of
the owner. In the case of a subordination of a lien for
assessments to a first encumbrance, the transfer of a subdivision
interest as the result of the exercise of a power of sale or a
judicial foreclosure involving a default under the first
encumbrance shall extinguish the lien of assessments which were due
and payable prior to the transfer of the subdivision interest. No
transfer of the subdivision interest as the result of a foreclosure
or exercise of a power of a sale shall relieve the new owner,
whether it be the former beneficiary for any assessments thereafter
becoming due or from the lien thereof.
Section 8.6 Non -Curable Breach
Any mortgagee who acquires title to a
condominium by foreclosure shall not be obligated to cure any
breach of this Declaration which is non -curable or of a type which
is not practical or feasible to cure.
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Section 8'.7 Loan to Facilitate
Any mortgage given to secure a loan to
facilitate the re -sale of a condominium after acquisition by
foreclosure shall be deemed to be a loan made in good faith and for
value and entitled to all of the rights and protections of this
Article XIII.
Section 8.8 Appearance at Meetings
Because of its financial interest in the
development, any institutional mortgagee, upon request, may appear
at meetings of the members and the Board, or designate a
representative to attend all such meetings of the members and the
Board, or designate a representative to attend all such meetings,
to draw attention to the violations of this Declaration, the
Bylaws, or the Association's Rules and Regulations which have not
been corrected or made the subject of remedial proceedings or
assessments. Said mortgagee shall upon request, receive written
notice of all meetings of the Owner's Association as provided in
Article IV, Section 5.
Section 8.9 Right to Furnish Information; collection of
Insurance Premiums.
Any mortgagee shall have the right to furnish
information to the Board concerning the status of any mortgage.
The Board may also delegate to any mortgagee the right to collect
such portion of a condominium's assessments, or installments
thereof, representing premiums payable for insurance coverage.
Section 8.10 Loss Payable Clauses
All applicable fire and all physical loss or
extended coverage insurance policies shall contain loss payable
clauses naming the mortgagees, as their interest may appear.
Section 8.11
Notwithstanding any and all provisions hereof
to the contrary, in order to induce the Federal Home Loan Mortgage
Corporation ("FHLMC") and the Federal National Mortgage Association
("FNMA"), to participate in the financing of the sale of
condominiums within the development, the following provisions are
added hereto (and to the extent these added provisions conflict
with any other provisions of this Declaration, these added
provisions shall control):
(a) A first mortgagee at his request is entitled to
written notification from the Association of any default by the
mortgagor of a unit in the performance of such mortgagor's
obligations under this Declaration, Bylaws, and any other documents
relating to the development, including amendments thereto,
hereinafter collectively referred to as the "Condominium Document",
which is not cured within sixty (60) days.
- 34 -
(b) Any first mortgagee who acquires title of a unit
pursuant to the remedies provided in the mortgage, or foreclosure
of the mortgage shall be exempt from any "right of first refusal".
(c) The prior written approval of at least seventy-five
percent (75%) of the holders of first mortgages, based on one (1)
vote for each first mortgage held, on a condominium shall be
required for the following:
(1) The abandonment or termination of the
development, except for the abandonment or termination provided by
law in the case of substantial destruction, condemnation or eminent
domain;
(2) Any amendment to the Declaration or to the
Bylaws of the Association governing the following subjects:
M The percentage. interest of the
owners in the common elements of the
project.
(ii) The fundamental purpose for which
the project was created (such as a change
from residential a different use).
(iii) Voting.
(iv) Assessments, assessment liens and
subordination thereof.
M The reserve for repair and
replacement of common elements.'
(vi) Property maintenance obligations.
(vii) Casualty and liability insurance.
(viii) Reconstruction in the event of
damage or destruction.
(ix) Right to use the common elements.
(x) Annexation.
(3) The partition or subdivision of any
condominium.
(4) A change of the pro rata interests or
obligations of any unit for purposes of:
(i) Levying assessments or charges or
allocating distribution of hazard
insurance proceeds or condemnation
awards', or
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(ii) Determining the pro rata share of
ownership of each condominium in the
common area.
(5) Any action or omission to 'act .by the
Association seeking to abandon, partition, subdivide, encumber,
sell or transfer the common area. The granting of easements for
public utilities or for other public purposes consistent with the
intended use of the common area by the development shall be deemed
a transfer within the meaning of this subparagraph;
(6) The use of hazard insurance proceeds for
losses to any condominium or portion of common area for other than
the repair, replacement or reconstruction of the improvements
thereon, except as provided by statute in case of substantial loss
to the condominiums and/or common area of the development.
(7) The effectuation of any decision by the
owners Association to terminate professional management and assume
self management of the project.
(d) Any holder of a first mortgage on a condominium
shall have the right to examine the books and records of the
Association.
(e) In the event of substantial damage to or destruction
of any unit or any part of the common area, the institutional
holder of any first mortgage on a unit shall be entitled to timely
notice of any such damage or destruction and no provisions of any
document establishing the project will entitle the owner of a unit
or other party to priority over such institutional holder with
respect to the distribution to such unit of any insurance proceeds.
(f) If any unit or portion thereof of the common area is
made the subject of any condemnation of eminent domain proceeding
or is otherwise sought to be acquired by a condemning authority,
then the institutional holder of any first mortgage on a unit shall
be entitled to timely written notice of any such proceeding or
proposed acquisition and no provision of this Declaration will
entitle the owner of a unit or other party to priority over such
institutional holder with respect to the distribution to such unit
of the proceeds of any award or settlement.
(g) In the event any portion of any unit encroaches upon
the common area as a result of the construction, reconstruction,
repair, shifting, settlement or movement of any portion of the
project, a valid easement for the encroachment and for the
maintenance of the same shall exist so long as the encroachment
exists.
(h) Anything in the Declaration to the contrary
notwithstanding, there shall be no restriction to any condominium
owner's rights of ingress and egress of his unit.
1.
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(I) The failure of any unit owner to comply with the
provisions of this declaration, and the Bylaws shall give rise to
a cause of action in the Association, any aggrieved owner and the
holder of a first mortgage on a condominium for the recovery of
damages, or for injunctive relief, or both.
(j) Any lien which the Association may have on any unit
in the project for the payment of common expense assessments
attributable to such unit will be subordinate to the lien or
equivalent security of any first mortgage on the unit recorded
prior to the date any such common expense assessments become due.
The holder of a first mortgage on a condominium at
its request will be entitled to written notification from the
Association of any default by the owner of such condominium in the
performance of such owner's obligation under this Declaration, or
Bylaws of the Association which is not cured within sixty (60)
days.
(1) An adequate reserve fund for replacement of
improvements in the common area must be established and must be
funded by regular monthly payment rather than special assessments.
(m) All taxes, assessments and charges which may become
liens' prior to the first mortgage under California law, if any,
shall relate only to the individual condominium and not to the
development as a whole.
(n) The Association shall give the Federal Home Loan
Mortgage Corporation (FHEMC) notice in writing of any loss to, or
taking of, any portion of the common area, if such loss or taking
exceed $10,.000.00 or of damage to a condominium covered by a
mortgage purchased In whole or in part by FHLMC exceeds $10,000.
(o) Any agreement for professional management of the
development or any other contract providing for services by the
developer or Declarant, will be terminable by either party without
cause or payment of a termination fee on thirty (30) days written
notice.
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ARTICLE IX
GENERAL PROVISIONS
Section 9.1 Headings
The headings used in this Declaration are for
convenience only and are not to be used in interpreting the
meaning of any of the provisions of the Declarationr or otherwise.
Section 9.2 Severability
The provisions of this Declaration shall be
deemed independent and severable, and the invalidity, partial
invalidity or unenforceability or any provision or provisions
hereof shall not invalidate any other provisions hereof.
Section 9.3 Cumulative Remedies
Each remedy provided for in this Declaration
shall be cumulative and not exclusive. The failure to exercise any
remedy provided for in this Declaration shall not, under any
circumstances, be construed as a waiver thereof.
Section 9.4 Violations as Nuisance
Every act or omission in violation of the
provisions of this Declaration shall constitute a nuisance and, in
addition to all other remedies herein set forth, may be abated or
enjoined by any unit owner, any member of the Board, the manager,
if any or the Association.
Section 9.5 Term
The covenants and restrictions of this
Declaration shall run with and bind the property, 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,
for a term of thirty (30) years from the date this Declaration is
recorded, after which time they shall be automatically extended
for successive period of ten (10) years, unless an amendment of
the term is made and recorded pursuant to Section 9.6 .
Section 9.6 Amendments
Priortoclose of Escrow an the sale of the
first unit, Declarant may amend this Declaration, with the consent
of the Department of Real Estate. After sale of the first unit,
this Declaration may be amended only by the affirmative vote (in
person or by proxy) or written consent of members representing a
majority of the total voting power of the Association which shall
include a majority of the affirmative votes or written consent of
members other than the Declarant, or if a two class voting
structure is provided and is still in the Association, none of the
governing instruments may be amended without the vote or written
assent of a prescribed percentage of the voting power of each class
of members ' hip or a prescribed percentage of a quorum of members of
each class. in. a single -class voting structure amendments of the
CC&R19 may be enacted by requiring the vote or written assent of
members representing both:
(1) A majority of the total voting power of
the association which is at least a bare majority and not more
than 75%; and
(2) At least a bare majority of the votes of
members other than the subdivider.
The percentage of the voting owner 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. For example, if the CC&R's expressly state that
75% of the voting power must agree to an increase in the maximum
annual assessment, then 75% of the voting power is necessary to
amend this provision regardless, of the percentage prescribed in
the general provision pertaining to amendments of the CC&R's.
Amendments of Bylaws shall require the vote
or written assent of members as follows:
(1) At least a bare majority of a quorum, but
not more than a bare majority of the voting power of the
association; and
(2) At least a bare majority of the votes of
members other than the subdivider.
Notwithstanding the provisions of amendments
of Bylaws, the percentage of a quorum or of the voting power of
the association or of members other than the subdivider necessary
to amend a specific clause or provision in the Bylaws -shall not be
less than the prescribed percentage of affirmative votes required
for action to be taken under that clause.
If a two -class voting structure is provided
and is still in effect in the association, none of the governing
instruments may be amended without the vote or written assent of
prescribed percentage of the voting power of each class of
membership or a prescribed percentage of a quorum of members of
each class.
If a two -class voting structure was
originally provided in the governing instruments, but is no longer
in effect because of the conversion of one class to the other, the
provisions for amending the governing instruments set forth in
subdivisions of all the above shall be applicable.
Any amendment of this Declaration mu.st be
recorded and shall become effective upon being recorded in the
Recorder's Office of the County where the Project is located. No
amendment shall adversely affect the rights of the holder of any
mortgage of record prior to the recordation of such amendment.
- 39 -
Section 9.7 Binding Effect
This Declaration shall inure to the benefit of
and be binding upon the successors and assigns of the Declarant,
and the heirs, personal representatives, grantees, lessees, suc-
cessors and assigns of the owners.
Section 9.8 No Restriction on Ingress . and Egress
Anything in the Declaration to the contrary
notwithstanding, there shall be no restriction' on any condominium
owner's rights of ingress and egress to his unit.
Section 9.9 Exhibits
Any and all exhibits attached hereto shall be
deemed made a part hereof and incorporated by reference herein.
Section 9.10 Notification of Sale of Condominium
Concurrently with the consummation of the sale
of any condominium under circumstances whereby the transferee be-
comes an owner thereof, or within five (5) business days thereafter,
the transferee shall notify the Board in writing of such sale. Such
notification shall set forth the name of the transferee and his
transferor, the street address of the condominium purchased by the
transferee, the transferee's mailing address, and the date of sale.
Prior to receipt of such notification, any and all communications
required or permitted to be given by the Association, the Board or
the manager, if any, shall be deemed to be duly made and given to
said transferee if duly and timely made and given to said transfer-
ee's transferor. Mailing addresses may be changed at any time upon
written notification to the Board. Notice shall be deemed received
forty-eight (48) hours after mailing if mailed to the transferee or
to his transferor if the Board has received no notice of transfer
as above provided by certified mail return receipt requested, at
the mailing address above specified. Notices shall also be deemed
received
ved twenty-four (24) hours after being sent by telegram or
upon personal delivery to any occupant of a condominium.
Section 9.11 Liberal Construction
The provisions of this Declaration shall be
liberally construed to effectuate its purpose of creating a plan
of condominium ownership for the development. Failure to enforce
any provision hereof shall not constitute a waiver of the right to
enforce said provision thereafter. I
- 40 -
Section 9.12 Encroachment Easements. Each Condominium within
the property is hereby declared to have an easement over all adjoin-
ing Condominiums and the Common Area for the purpose of accommodat-
ing any encroachment ' due to engineering errors, -errors in original
construction, settlement or shifting of the building, or any other
cause. There shall be valid easements for the maintenance of said
encroachments as long as they shall exist, and the rights and obli-
gations of Owners shall not be altered in any way by said encroach-
ment, settlement or shifting; provided, however, that in no event
shall a valid easement for encroachment be created in favor of an
Owner or owners if said encroachment occurred due to the willful
misconduct of said Owner or Owners. In the event a structure is
partially or totally destroyed, and then repaired at rebuilt, the
Owners of each Condominiums or Common Area shall be permitted and
that.there shall be valid easements for the maintenance of said en-
croachments so long as they shall exist.
Section 9.13 Rights of Institutional Lenders. No breach of
any of the covenants, conditions and restrictions herein contained,
nor the enforcement of any lien provisions herein, shall render in-
valid the lien of any first mortgage (meaning a mortgage with first
priority over any other mortgage) on any Unit made in good faith and
for value, but all of said covenants, conditions and restrictions
shall be binding upon and effective against any Owner whose title is
derived through foreclosure or Trustee's sale, or otherwise. Notwith-
standing any provision in the Condominium documents to the contrary,
Institutional Lenders shall have the following rights. -
(a) All Institutional Lenders that have filed with the
Association a request for notice of default, shall be entitled to
receive written notice from the Association of any default by the
trustor of any deed of trust on a Unit (the beneficial interest in
which is held by said Institutional Lender) in the performance' of
such trustor's obligations under the Condominium documents, which is
not cured within thirty (30) days.
(b) The Association shall discharge its obligation to
notify Institutional Lenders by sending written notices required
herein to the Lender or Lenders requesting notice, at the address
given on the current request for notice.
The Condominium documents contain no provisions creat-
ing a "right of first refusal", but should any such rights be created
in the future, any such rights shall not impair the rights of any
Institutional Lender to : (1) foreclose or take title to a Condo-
minium Unit pursuant to the remedies provided in the mortgage, or
(2) sell or lease a Unit acquired by the mortgagee.
- 41 -
I
(d) Except as provided by statute in case of
condemnation or substantial loss to the Units and/or common
elements of the Condominium projects, unless the holders of at
least sixty-six and two-thirds percent (66 2/3%) of the first
mortgages (based upon one vote for each first mortgage owned) or
Owners (other than the Declarant) of the individual condominium
Units have given their prior written approval, the Association
shall.not be entitled to:
(l) by act or - omission, seek to abandon
or terminate the Condominium Project;
(2) change the pro rata interest or
obligations of any individual Condominium Unit for the purpose of
(i) leving assessments or charges or
allocating distributions of hazard insurance or condemnation
awards, or
dete
of ownership of each Condominium(ii)
Unit in the Common ining the Are rata share
Unit; (3) Partition or subdivide any Condominium
(4) by act or omission, seek to abandon,
partition, subdivide, encumber, sell or transfer the Common Area.
(The granting of easements for public utilities or for other
public purposes consistent with the intended use of the Common
Area by the Condominium Project shall* not be deemed a transfer
within the meaning of this clause);
(5) use hazard insurance proceeds for
losses to any condominium property (whether to Units or to Common
Area) for other than the repair, replacement or reconstruction of
such Condominium property;
(6) make any material amendment to the
Declaration or to the Bylaws; "material amendment" shall mean any
amendment governing the following subject;
(i) the percentage interest of the
Unit Owners in the common elements of the project;
(ii) the fundamental purpose for
which the Project was created (such as a change from residential
use to a different use);
(iii)voting;
and subordination thereof; (iv) assessments, assessment liens
(v) the reserve for repair and
replacement of common elements;
obligations; (vi) property maintenance
insurance.;
(vii)casualty and liability
damage or destruction; (viii) reconstruction in the event of
elements; (ix) rights to use the common
is specifically for the benefit)
provision
mortgag sl ch or specificaits lly
confers rights on first mortgages. y
-42-
Section - 9 7 .14 Owner's Right and Obligation to Maintain and
Repair
Except for those portions of the Project
which the Association is required to maintain and repair, each
Unit Owner shall, at his sale cost and expense, maintain and
repair his Unit shall, at his sole cost and expense, maintain and
repair his Unit (and shall maintain the landscaping within the
private patio are appurtenant thereto, keeping the. same in good
condition. Each Unit Owner shall keep those portions of the
Project to which he has exclusive easements rights clean and neat.
Each owner shall have the exclusive right to paint, plaster,
panel, tile, wax, paper or otherwise refinish and decorate the
nner surfaces of the walls, ceilings, floors, windows and doors
bounding his Unit. In the event an Owner fails to maintain the
interior of his Unit (or the landscaping within his private area,
if any) in a manner which the Board deems necessary to preserve
the appearance and value of the Property, the Board may notify
Owner of the work required and request it be done within sixty
(60) days from the giving of such notice.
A monetary penalty imposed by the Association
as a disciplinary measure for failure of a member to comply with
the ' governing instruments or as a means of reimbursing the
Association for 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 the governing
instruments may not be characterized nor treated in the governing
instruments as an assessment which may become a lien against the
member's subdivision interest enforceable by a sale of the
interest in accordance with the provisions of Section 2924, 2924(b)
and 2924(c) of the Civil Code.
Section 9.15 0 " wner's Compliance
Each Owner, tenant or occupant of a
Condominium shall comply with the provisions of this Declaration,
and to the extent they are not in conflict with the Declaration,
the By-laws, decisions and resolutions of the -Association or its
duly authorized representative, as lawfully amended from time to
time and failure to comply with any such provisions, decisions, or
resolutions, shall be ground for an action to recover sums due,
for damage, or for injunction relief.
All agreements and determinations lawfully
made by the Association in accordance with the voting percentages
established in this Declaration or in the Bylaws, shall be deemed
to be binding on all Owners of Condominiums, their successors and
assigns.
- 43 -
Section 9.16 Fair Housing
No Owner shall, either directly or
indirectly, forbid . or restrict the conveyance, encumbrance,
leasing, or mortgaging, or occupancy of his Unit to any person of
a specified race, color, religion, ancestry, or national origin.
Section 9,17 Singular Includes Plural
Wherever the context of this Declaration
requires same, the singular shall include the plural and the
masculine shall include the feminine.
IN WITNESS WHEREOF, the undersigned, being the Declarant
herein has executed this Declaration, this of
Diamond Brothers One Partnership, a Limited Partnership
Joseph Hsu Ricky C.Y. Chang -
State of California ) SS
County of Los Angeles )
On before me, the undersigned, a Notary Public
in and ror said State, personally appeared
personally known to me or proved to me on the basis of satistactory
evidence to be the general partners of the Diamond Brothers One
Partnership, a Limited Partnership that executed the within instru-
ment and acknowledged to me that such partnership executed the same.
WITNESS my hand and official seal.
Notary Public
-44-
RESOLUTION NO. 92-xx
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 89551 FOR THE CONSTRUCTION A
54 UNIT CONDOMINIUM COMPLEX ON A 4.5 ACRE SITE, LOCATED AT
800 SOUTH GRAND AVE., DIAMOND BAR, CALIFORNIA, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) Diamond Brothers One, Ownership, City of Industry,
California, has heretofore filed an application for approval of a
Conditional Use Permit 89551 as described, in the title of this
Resolution. Hereinafter in this Resolution, the subject Condit-
ional Use Permit shall be referred to.as "the Application".
(ii) On April 18, 1989, the City of, Diamond Bar was
established as a duly organized municipal corporation of the State
of California. On said date, pursuant to the requirements of the
California Government Code Section 57376, Title 21 and' 22, the
City Council of the City of Diamond Bar adopted its ordinance No.
14, thereby adopting the Los Angeles County Code as the ordinances
of the City of,Diamond Bar. Title 21 and 22 of the Los Angeles
County Code contains the Development Code of the County of Los
Angeles now currently applicable to development applications, in-
cluding the subject application, within the City of Diamond Bar.
(iii) Because of its recent incorporation, the City of
Diamond Bar lacks an operative General Plan. Accordingly, action
was taken on the subject application, as to consistency to the
General Plan, pursuant to the terms and provisions of California
Government Code Section 65360.
(iv) On February 24, 1992, the Planning commission of
the City of Diamond Bar conducted a duly noticed public hearing on
the application and concluded said public hearing on March 9,
1992.
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the Plan-
ning commission of the CityofDiamond Bar as follows:
1. This Planning commission hereby specifically finds
that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. The City Planning Commission hereby certifies that
the environmental effects identified by the
Negative Declaration prepared for Conditional Use
Permit 89-551 (1990), and previously certified,
will adequately cover this application, in compli-
ance with the California Environmental Quality Act
of 1970, as amended, and the Guidelines promulgat-
ed thereunder,
3. The Planning Commission hereby specifically finds.
and determines that, based upon the findings set
forth below, and changes and alterations which
have been incorporated' into and conditioned upon
the proposed project set forth in the application,
no significant adverse environmental effects will
occur.
4. Based on the, substantial evidence presented to
this commission during the above -referenced public
hearing on February 24, 1992, and concluded on
March 9, .1992, including written and oral staff
reports, together with public testimony, and in
conformance with the terms and provisions of Cali-
fornia Government Code Sections 65360, this Com-
mission hereby specifically finds as follows:
(a) The application applies to property located
at 800 South Grand Ave., Diamond Bar with a
gross area of 4.5 acres and is zoned R-4-40
U. I
(b) Properties to the east and south are devel-
oped with multiple and single family resi-
dences, to the north the site is commercially
developed and the sites to the west are
developed by an unoccupied office building
and also undeveloped portions.
(c) The applicant's request is for an. amendment
to the conditional use permit to construct a
54 unit condominium complex.
(d) The subject property is graded and currently
under construction under the provisions of
conditional use permit 89551, and
(e) The site is sufficient in size and can pro-
vide adequate ingress and egress to allow
multiple family development in character with
surrounding current land uses.
(f) Granting the proposed amendment to the condi-
tional use permit with conditions and re-
strictions hereinafter mentioned will be in
2
substantial compliance with all State laws
related to the proposed General Plan;
The location of - the proposed land use does
not adversely affect the health, peace,
comfort or welfare of persons residing or
working in the surrounding area, and will not
be materially detrimental to the use,
enjoyment, or valuation of property of other
persons located in the vicinity of the site,
and will not jeopardize, endanger, or other-
wise constitute a menace to the public
health, safety or general welfare.
5. Based on the findings and conclusions set forth in
paragraphs 1, 2, 3, and 4 above, this Commission
hereby approves the application subject to the
following restrictions as to use:
1. This permit shall not be effective for any
purpose until I a duly authorized
representative of the owner of the property
involved has filed at the office of Planning
Division of the Community Development
Department the Affidavit of Acceptance and
accepts all the conditions of this permit;
2. That all requirements of the Zoning Ordinance
and of the underlying zoning of the subject
property must be complied with, unless set
forth in the permit or shown on the approved
plan;
3. That three copies of the site plan,
irrigation plan, and landscape plan, similar
to that presented at the public hearing and
marked Exhibit "All and conforming to such of
the following conditions as can shown on a
plan, shall be submitted for approval of the
Community Development Director Planning. The
property shall thereafter be developed and
maintained in substantial conformance with
approved plans.
4. Landscaping along the perimeter of each ele-
vation shall be year round in nature. All
landscaping approved shall be installed prior
to issuance of the certificate of occupancy.
5. No construction shall occur within the 501
easement shown on the site plan along the
north elevation of the building.
6. No construction shall occur within setbacks
as delineated on the approved site plan.
7. Street trees with year round foliage shall be
planted along western elevation of Grand Ave-
nue per the approved landscape plans.
8. Recreation areas adjacent to Grand Avenue
shall . -be landscaped to, provide a visual buf -
fer from off-site access.
9. Provide wrought iron fencing around recrea-
tion areas to insure the security of the
children.
10. That all exterior lights above wall height be
shielded and be directed away from adjacent
development;
11. Maneuvers through the median opening will not
be allowed until a traffic signal is
installed and becomes operational at 800 S.
Grand. The traffic signal, due to its's
close proximity . to the Grand/Golden Springs
intersection, 'will need to be interconnected
to the latter to provide coordination of
signal phasing at these two intersections.
Prior to issuance of a Certificate of
Occupancy, the design and construction costs
associated with this traffic signal shall be
borne by the applicant initially. When the
proposed Diamond Bar Medical Plaza located at
887 Grand Avenue, or any other project
utilizing the access becomes approved, a fair
share cost will be developed for said signal,
based upon confirmation of the traffic data,
in proportion to each project's traffic
share.
12. Shielded trash enclosures shall be located as
shown on the approved site plan.
13. Sidewalks shall be provided along Grand Ave-
nue for the length of the property per City
Standards.
14. The project shall comply with all State and
local ordinances for noise level standards.
15. All air conditioning units will be ground
mounted and screened from street level view.
16. All conditions of Conditional Use Permit No.
89-551 (1990) will be superseded by the
4
conditions listed herein.
6. The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy, of this Reso-
lution, to Diamond Brothers One, Ownership at the
address as set forth on the application.
APPROVED AND ADOPTED THIS THE 9TA DK1--�NEIRCH, 1992 BY
THE.PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
ATTEST
Jack Grothe, Chairman
Jim DeStefano, Secretary
I, Jim Destefano, Secretary of the Planning Commission of the City
of Diamond Bar, do hereby certify that the foregoing Resolution
was duly introduced, passed, and adopted by the Planning commis-
sion of the City of Diamond Bar, at a regular meeting of the Plan-
ning Commission opened on the 24th day of February, 1992 and con-
cluded on 9th day of March, 1992 by the following vote -to -wit:
AYES: [COMMISSIONERS:]
NOES: [COMMISSIONERS:]
ABSTAIN: [COMMISSIONERS:]
5
City of Diamond, Bar
PLANNING COMMISSION
Staff Report
AGENDA ITEM NUMBER: 4
REPORT DATE: . March 4, 1992
MEETING DATE: March 9,, 1992
CASE/FILE NUMBER: Tentative Parcel Map 22986/Development
Review 92-1
APPLICATION REQUEST: To subdivide an existing two lot parcel,
to reconfigure the lot lines for a new two
lot subdivision and to construct a two (2)
floor office building, approximately 6,000
square feet in size, with *parking on the
lower level and office space on the upper
level.
PROPERTY LOCATION: East of Diamond Bar Blvd., westerly of
Sunset Crossing Rd at Navajo Springs Rd
23475 Sunset Crossing
Diamond Bar, CA 91765
Lot 8 & 9, Tract .28853
APPLICANT:
PROPERTY OWNER:
BACKGROUND:
Ed and Shirley Jaworsky
3349 Paloma
LaVerne, CA
Fred and Norma Janz
2683 Shady Ridge
Diamond Bar, CA 91765
This project was continued from the February 24, 1992 Planning
commission hearing in order that additional information could be
provided by the applicant.
The.applicant has request an additional continuance to the March 23,
1992 Planning Commission meeting in order that the information can be
provided to staff in a timely fashion for review and comments prior to
the hearing.
RECOMMENDATION:
Staff recommends that the Planning Commission grant the continuance as
requested by the applicant.
March 7, 1992
City of Dialijond Bar
Agent Rob Searcy
Dear Rob:
I hereby give my consent to postpone the hearing on my request
for tenative Parcel Map No. 22980 to March 23, 1992.
Sincerely,
FRIV JA14Z JRZAL ESTATE INVES ff MEMS
4.
556 K Diamond Bar Blvd,, Suite 301, Diamond Bar, CA 91765 (714) 861.3733
March 7, 1992
City of Dialijond Bar
Agent Rob Searcy
Dear Rob:
I hereby give my consent to postpone the hearing on my request
for tenative Parcel Map No. 22980 to March 23, 1992.
Sincerely,
CITY OF DIAMOND BAR
I N T E R 0 F F I C E M E M 0 R A N D U M
DATE: March 4, 1992
TO: Department of Community Development, Planning
FROM: Department of Public Works, Engineering At-,
SUBJECT: TENTATIVE PARCEL MAP NO.22986 DATE APRIL, 1992
Tentative Parcel Map No. 22986 has been recommended for approval.by
the office of the City Engineer subject to the following
conditions:
SUBDIVISION
1. The map must be prepared in accordance with Title 21 of the
Los Angeles County Code and the Subdivision Map Act.*
2. A preliminary title report, dated no more than 30 days, mylar
copies'of all referenced record maps; copies of all referenced
documents and five (5) prints of the most recent Assessor Map
with book page or pages covering the proposed division of land
must be submitted for review.
3. Locations of all areas subject to inundation or storm water
overflow, and the locations, widths, and directions of flow of
all watercourses must be identified prior to approval of the
final map.
4. A written statement by the registered civil engineer or land
surveyor stating that he/she will set boundary monuments, must
be submitted to the City, prior to filing the map with the
County Recorder.
5. Fire lanes and private driveways must be clearly delineated
and dimensioned on the final map.
6. A title report/guarantee showing all fee owners and interest
holders must be submitted when a final map is submitted for
plan check. This account must remain open until the final map
is filed with the County Recorder. An updated title
report/ guarantee must be submitted ten (10) working days prior
to final map approval.
7. The developer shall submit to the City Engineer the total cost
estimate of all off-site improvements, prior to approval of
the final map.
8. The tract shall be annexed to the Landscape Assessment
District 38; and the City-wide lighting assessment district.
9. The developer shall submit to the City Engineer the total cost
estimate and a monumentation bond for this amount for the new
boundary monuments which must be set in accordance with the
Subdivision Map Act requirements and City standards.
10. If any required public improvements have not been completed by
the developer and accepted by the City prior to the approval
of the final map , the developer shall enter into a
subdivision agreement with the City and shall post the
appropriate security.
11. All site grading, landscaping, irrigation, street
improvements, sewer and storm drain improvement plans shall be
coordinated for consistency prior to final map approval.
12. A detailed on-site lighting plan shall be reviewed and
approved by the City prior to the issuance of building permit.
Such plan shall indicate style, illumination, location,
height.
13. The construction notes shown on the submitted plan -are
conceptual only and the approval of this map does not
constitute approval of these notes.
14. The following documents must be submitted to the City prior to
recordation of the final map:
a) original Mylar
b) 2 Blueline prints
C) $550 outstanding plan check fees payable to city
d) 5 Year Tax History Supplied by Owner and obtained from
Title Company.
e) Title Report Supplied by Owner
f) 2 Full -Size Copies of Assessor's Map Supplied by Owner
and Obtained from Assessor's office.
g) SBA13 Affidavit Obtained from Los Angeles County
Department of Public Works and Signed and notarized by
Owner.
h) $325 Tax Clearance Fee Paid By Owner.
i) $75 City Recordation Fee.
j) $6 Los Angeles County Recordation Fee
15. The driveway construction shall be a modified alley type
approach with a radius of 101.
GRADING, GEOLOGY & SOILS
16. A grading plan must be submitted and approved by the
Department of Public Works prior to approval of the final map.
17. A soils report shall be prepared by a qualified engineer
licensed by the State of California to perform such work.
18. A geological report shall be prepared by a qualified engineer
or geologist and submitted at the time of application for
grading plan check.
19. Grading plan (241lx3611) must be designed in compliance with
recommendations of the soils and engineering geology reports.
20. Grading plan must be signed and stamped by registered Civil
Engineer,Soils Engineer and Geologist.
21. Grading of the subject property shall be in accordance with
the Uniform Building Code, City Grading Ordinance #14-(1990)
or as amended and acceptable grading practices. The final
grading plan shall be in substantial conformance with the
approved grading plan.
DRAINAGE
22. A final drainage study shall be submitted to and approved by
the City Engineer prior to final map approval. All drainage
facilities shall be installed as required by the City Engineer
and in accordance with the County of Los Angeles Standards.
23. Trees are prohibited within 5 feet of the outside diameter of
any storm drain pipe measured from the outer edge of a mature
tree trunk.
SEWER
24. Each building shall be served by a separate sewer lateral
which shall not cross any other lot lines. The sanitary sewer
system serving the tract shall be connected to city sewer
system. Said system shall be of the size, grade and depth
approved by the City Engineer, County Sanitation District and
Los Angeles County Public Works Department, prior to approval
of the final map.
25. The subdivider must obtain connection permit from the City and
County Sanitation'District. The subdivision must be annexed
into the County Consolidated Sewer Maintenance District and
appropriate easements for all sewer main lines must be
provided and accepted by the County of Los Angeles Public
Works Department, prior to approval of the final map.
26. The sanitary sewer system serving the parcel shall be
connected to city sewer system. Said system shall be of the
size, grade and depth approved by the City Engineer, County
Sanitation District and Los Angeles County Public Works
Department, prior to approval of the final map.
27. Subdivider, at his sole cost and expense, must construct the
sewer system in accordance with the City, Los Angeles County
Public Works Department and County Sanitation District
Standards.
UTILITIES
28. Provide separate utility services to each building including
water, gas, electric power, telephone, and cable TV (all
underground) in accordance with the respective utility
companies standards. Easements shall be provided as required.
29. Prior to recordation of the final map, 4 written certification
from Walnut Valley Water District, GTE, SCE, SCG and Jones
Intercable stating that adequate facilities are or will be
available to serve the proposed project shall be submitted to
the City. Such letter must be issued by the utility company
at least 90 days prior to final map approval.
FIRE
30. Prior to recordation of the final map, a written certification
from the Fire Department stating that their conditions have
been met shall be submitted to the City. Such letter must be
issued by the Fire Department at least 90 days prior to final
map approval.
t;' t:):�si�+�°t'�'J; ::iii
File reviewed by C�
ond and is ready for
nni'ng
File re :ew by
on and is ready for'
destruction by City Clerk