progress. Plan Requirements: The name and telephone number of such persons shall be provided to the APCD and the Community Development Department. Timing: The dust monitor shall be designated prior to issuance of a Grading or Building Permit.
Monitoring: CDD shall contact the designated monitor as necessary to ensure compliance with dust control measures.
23. The following Diesel Exhaust Control Measures should be implemented during construction activities:
a. Diesel construction equipment meeting the California Air Resources Board’s current emission standards for off-road heavy-duty diesel engines shall be used.
b. The engine size of construction equipment shall be the minimum practical size.
c. The number of construction equipment operation simultaneously shall be minimized through efficient management practices to ensure that the smallest practical number is operating at any one time.
d. Construction equipment shall be maintained in tune per the manufacturer’s specifications.
e. Construction equipment operating onsite shall be equipped with two-to-fourdegree engine timing retard or pre-combustion chamber engines. f. Catalytic converters shall be installed on gasoline-powered equipment, if feasible.
g. Catalytic converters, diesel oxidation catalysts and diesel particulate filters as certified and/or verified by EPA or California shall be installed on equipment operating onsite.
h. Diesel powered equipment should be replaced by electric equipment whenever feasible.
i. State law requires that idling of heavy-duty diesel trucks during loading and unloading shall be limited to five minutes; auxiliary power units should be used whenever possible.
Plan Requirements: All requirements shall be shown on grading and building plans.
Timing: Condition shall be adhered to throughout all grading and construction activities. Monitoring: CDD shall ensure measures are on plans. Grading and Building Inspectors shall spot check and ensure compliance onsite.
24. This Development Plan and Coastal Development Permit does not constitute approval for the installation of new and/or repair of existing underground utilities. All modifications to, or installations of new utilities shall be under separate permit(s) from the appropriate utility providers and the Public Works Department for any work within the public right-of-way. Utility provider permission for excavation shall precede issuance of any permits for construction within the public right-of-way.
25. Approval of the Development Plan, Coastal Development Permit and Tentative Parcel Map shall expire three (3) years after approval by the Planning Commission unless Resolution No. PC-23-003; Conditions of Approval
Zins SFD Demolition & Condominium Triplex, February 6, 2023
prior to the expiration date, substantial physical construction has been completed on the development or a time extension has been applied for by the applicant. The decisionmaker with jurisdiction over the project may, upon good cause shown, grant a time extension.
26. If the applicant requests a time extension for this permit, the permit may be revised to include updated language to standard conditions and/or mitigation measures and additional conditions and/or mitigation measures which reflect changed circumstances or additional identified project impacts. Mitigation fees shall be those in effect at the time of issuance of a Building Permit.
27. No permits for development shall be issued except in conformance with the approved Development Plan, Coastal Development Permit and Tentative Parcel Map. The size, shape, arrangement, use and location of buildings, walkways, parking areas and landscaped areas shall be developed in conformity with the approved Development Plan marked Attachment A, Exhibit 2, dated February 6, 2023. Substantial conformity shall be determined by the Community Development Department Director.
28. On the date a subsequent Development Plan is approved for this site, any previously approved but unbuilt plans shall become null and void.
29. To allow time for the utility companies to locate and mark their facilities for the contractor, the applicant shall telephone Underground Service Alert (USA) toll free at 1-800-227-2600 a minimum of 48 hours prior to the start of construction. For best response, provide as much notice as possible, up to 10 working days.
30. Existing and proposed easements for all utilities shall be located and described on the engineering plans or the architectural drawings prior to issuance of building permits.
TENTATIVE PARCEL MAP CONDITIONS
31. The Tentative Parcel Map shall expire three (3) years after approval or conditional approval by the final decision maker unless otherwise provided in the Subdivision Map Act, Government Code §66452.6.
32. Prior to recordation of the Parcel Map and subject to CDD approval as to form and content, the applicant shall include all of the project conditions required by this project approval in a separate informational Notice document to be recorded with the Parcel Map.
33. Prior to recordation of the Parcel Map, the applicant shall pay applicable Quimby Fees.
34. The Parcel Map shall be subject to the Subdivision Ordinance of the City of Carpinteria and to the State Subdivision Map Act. The Map shall be prepared by a qualified California Registered Civil Engineer or Licensed Land Surveyor. Closure calculations shall be submitted along with adequate reference data and a current title report. Two Resolution No. PC-23-003; Conditions of Approval
Zins SFD Demolition & Condominium Triplex, February 6, 2023
copies of the map and one copy of the calculations shall be submitted for review.
Within thirty (30) days after the recordation of the Parcel Map, the applicant shall deliver one set of reproducible mylar copies of the recorded map to the Community Development Department.
35. The Parcel Map shall be substantially in conformance with the Tentative Map as approved. Any substantial changes, as determined by City staff, require the approval of the Planning Commission and the City Council.
36. Prior to recordation, public utility easements shall be provided at the locations and of widths required by the serving utilities. The subdivider shall submit to the City Surveyor a set of prints of the Parcel Map accompanied by a letter from each utility and water and sewer district serving the property stating that the easements shown thereon are acceptable. In the event easements are not required, a letter shall be provided from each utility stating the map is acceptable for recording.
37. The applicant shall pay all engineering fees and all other fees and deposits prior to approval of the Parcel Map by the City Council.
38. Before recordation of the Parcel Map, Developer shall provide the City Engineer and CDD with written evidence from the Santa Barbara County Clerk’s Office that Developer has executed and filed with the Clerk all certificates, statements and securities required by Government Code Sections 66492 and 66493.
39. Conditions, Covenants and Restrictions (CC&Rs) for the project shall be submitted for review to the City Attorney, Community Development Department and Public Works Department, and approved by the City Council prior to acceptance of the Parcel Map for recordation. The CC&Rs shall include provisions for the HOA maintenance of any landscaping, fencing and specialty hardscape within the City’s right-of-way and shall provide for the shared maintenance responsibilities by all parcels for common area shared improvements. The CC&Rs shall also include by reference responsibilities for all parcels to maintain property in compliance with all conditions of approval for the project. Further, the City Attorney and the City Council may require additional restrictions within the CC&Rs as found to be appropriate.
40. The project CC&Rs shall record concurrent with the recordation of the Condominium Map.
41. No permits for development, including grading, shall be issued prior to recordation of the associated Parcel Map (PM 25,201).
CITY RULES & REGULATIONS/LEGAL REQUIREMENTS
42. Before using any land or structure, or commencing any work pertaining to the erection, moving, alteration, enlarging, or rebuilding of any building, structure, or improvement, the applicant shall obtain a Building Permit. These Permits are required by ordinance and are necessary to ensure implementation of the conditions required by the Planning Resolution No. PC-23-003; Conditions of Approval
Zins SFD Demolition & Condominium Triplex, February 6, 2023
Commission. Before any Permits will be issued by the Community Development Department, the applicant must obtain written clearance from all departments having conditions; such clearance shall indicate that the applicant has satisfied all preconstruction conditions. A form for such clearance is available from Community Development.
43. All conditions of approval and mitigation measures shall be printed in their entirety on applicable pages of construction or building plans submitted to CDD. The approved set of plans shall be retained at the construction site for review by the Building Inspector during the course of construction.
44. Prior to issuance of a Building Permit, the applicant shall provide a signed copy of the Conditions or Approval on a form acceptable to Community Development. Such form may be obtained from the CDD office.
45. Prior to issuance of a Building Permit, the applicant shall pay all applicable CDD permit processing fees in full. Any outstanding plan check or inspection fees incurred during construction shall be paid in full prior to Occupancy clearance.
46. The applicant shall pay the statutory school fees in effect at the time of issuance of Building Permits to the Carpinteria Unified School District. Plan Requirements and Timing: The applicant shall submit final square footage calculations and the required fee payment to the School District prior to issuance of Building Permits. Monitoring:
CDD shall ensure payment is made prior to issuance of a Building Permit.
47. In accordance with Chapter 15.80 of the Carpinteria Municipal Code, the applicant shall pay Development Impact Fees to the City prior to Building Permit issuance. The amount of the fees will be determined at the time permits are issued.
48. Prior to the issuance of any Building Permits, the applicant shall post a landscape security bond of $500.00 and comply with the following requirements:
a. All landscaping and irrigation plans shall be prepared by a State licensed landscape architect or similar professional as determined appropriate by CDD.
b. The landscaping shall be maintained in good condition for the life of the project. After landscaping has become established at three years and found to be in good condition, the security will be released.
c. Landscaping shall be drought resistant, low water species. d. Where feasible, locally adapted native plants shall be required. e. Prior to Occupancy Clearance, all landscaping and planting shall be installed; and
f. Specimen trees shall be appropriate to the site and shall be maintained in good condition so as to attain a full and healthy mature appearance.
Resolution No. PC-23-003; Conditions of Approval
Zins SFD Demolition & Condominium Triplex, February 6, 2023
49. Any change of use in the proposed buildings or structures shall be subject to environmental analysis and appropriate review by the City including Building Code compliance.
50. The conditions of this approval supersede all conflicting notations, specifications, dimensions, and the like which may be shown on submitted plans.
51. Any and all damage or injury to public property resulting from this development, including without limitation, City streets, shall be corrected or result in being repaired and restored to its original or better condition.
52. All requirements of the City of Carpinteria (including but not limited to public improvements as defined in the City of Carpinteria Municipal Code (CMC), Section
15.16.110) and any other applicable requirements of any law or agency of the State and/or any government entity or District shall be met.
53. The standards defined within the City's adopted model Building Codes (UBC; NEC; UMC; UFC; UPC; UHC) relative to the building and occupancy shall apply to this project.
54. Any minor changes may be approved by the City Manager and/or Community Development Director. Any major changes will require the filing of a modification application to be considered by the Planning Commission.
55. No building permits shall be issued for this project prior to meeting all required terms and conditions listed herein. When not specified herein, all conditions shall be satisfied prior to issuance of a building permit or prior to occupancy when allowed by the Community Development Director.
56. If, at any time, the City or Planning Commission determines that there has been, or may be, a violation of the findings or conditions of this Development Plan and Coastal Development Plan, or of the Municipal Code regulations, a public hearing may be held before the Planning Commission to review this permit. At said hearing, the Planning Commission may add additional conditions, or recommend enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code, and to provide for the health, safety, and general welfare of the City. The applicant shall reimburse the City for all costs associated with gaining compliance with the original conditions of approval.
57. In the event that any Condition of Approval imposing a fee, exaction, dedication or other mitigation measure is challenged by Applicant/Owner/Permittee in an action filed in a court of law or threatened to be filed therein which action is brought within the time period provided by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any Condition of Approval is invalidated by a court of Resolution No. PC-23-003; Conditions of Approval
Zins SFD Demolition & Condominium Triplex, February 6, 2023
law, the entire project shall be reviewed by the City and substitute Conditions of Approval may be imposed.
58. The owner/applicant ("Owner") hereby agrees to defend, indemnify and hold harmless the City, its officers, employees, agents, consultants and independent contractors ("City's Agents") from any claim, action or proceeding ("Claims") against the City and the City's Agents to attack, review, set aside, void or annul, in whole or in part, the City's approval of the Development Plan and Coastal Development Permit (the "Project"), or any condition attached thereto, or any proceedings, acts or determinations taken, done or made prior to the approval that were part of the approval process.
Owner further agrees to indemnify and hold harmless the City and the City's Agents from any award of attorneys' fees or court costs made in connection with any Claim.
Owner further agrees to pay any and all City costs, permits, attorneys' fees, engineering fees, license fees and taxes arising out of or concerning the Project, whether incurred prior to or subsequent to the date of approval and that the City's costs shall be reimbursed prior to this approval becoming valid. These commitments of defense and indemnification are material conditions of the approval of the Project. Nothing contained in this condition shall prevent the City or the City's Agents from independently defending any Claim. If the City or the City's Agents decide to independently defend a Claim, the City and the City's Agents shall bear their own attorneys' fees, expenses and costs of that independent defense.
59. Written authorization to proceed and consent to conditions of approval by the legal owner of the property shall be provided to the City prior to building permit issuance.
SPECIAL DISTRICT CONDITION LETTERS
60. Compliance with the attached Departmental and District letters is required as follows:
a. Carpinteria Sanitary District, dated February 5, 2021, b. Carpinteria Valley Water District, dated February 10, 2021, c. City of Carpinteria Public Works Department, dated February 10, 2021, and d. Carpinteria-Summerland Fire Protection District letter, dated March 4, 2021.
Approved by the Planning Commission on February 6, 2023.
I HAVE READ AND UNDERSTOOD, AND I WILL COMPLY
WITH ALL ABOVE STATED CONDITIONS OF THIS PERMIT.
_______________________________________________
Applicant/Property Owner Date
S:\Development\4905 8th St\2021_02_10_Intent_to_Serve.docx February 10, 2021
Syndi Souter Community Development Department
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
SUBJECT: 4905 8TH STREET, APN NO. 003-311-001, ACCOUNT NO. 03-030704-03, DEMOLITION OF SINGLE-FAMILY DWELLING AND CONSTRUCTION OF 3 NEW APARTMENTS ON THE PROPERTY - INTENT TO SERVE WITH CONDITIONS To Whom It May Concern,
Please be advised, this parcel is within the jurisdiction of Carpinteria Valley Water District and therefore is entitled to District water service in accordance with District Rules and Regulations. Currently the District is in a Stage I Water Shortage Condition; for more information on Ordinance 19-2, please visit the District website www.cvwd.net. This letter is good for one year from the date of the letter.
The current single-family dwelling is served by one 3/4 meter. From the existing plans, dated December 15, 2020, the District has the following conditions:
Each unit must have its own water meter. The current capital cost recovery fees and deposits for FY 2021 are found in our Rules and Regulations and are subject to change each July. All fees and deposits must be paid before meter installation.
Fire sprinkler calculations must be provided to the District to determine proper meter size.
An independent landscape meter will need to be installed on the property with a reduced-pressure principle backflow device installed as meter protection per District Standard W-115. The device will require annual testing of the device in the District s Cross-Connection Control Program.
If any fire improvements or an independent fire service is required for the property, the customer is responsible for all fees and deposits for the improvement or service. If a fire service is required, fire calculations must be provided.
The District requires DCDAs on fire services per District Standard W-114 and devices require annual testing in the District s Cross-Connection Control Program.
Revised plans should indicate the location of the three residential meters, one landscape meter, fire service (if required) and respective backflow devices.
Should changes to the plans, including landscaping, irrigation, or water fixtures, occur we require an additional opportunity to review revised plans. If you have any questions, please feel free to contact me at [email protected] or 805-684-2816x121.
Sincerely,
Carpinteria Valley Water District
Danielle Rose
Engineering Assistant
Cc: TCM to account
Attachment B
Parcel Map No. 25,201 Exhibit
Zins SFD Demolition & Condominium Triplex Project
Final Map Clearance - Parcel Map No. 25,201
December 9, 2024 City Council Hearing
Attachment C
Project Covenants, Conditions and Restrictions
(CC&Rs)
Zins SFD Demolition & Condominium Triplex Project
Final Map Clearance - Parcel Map No. 25,201
December 9, 2024 City Council Hearing
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
Gerald J. Zins
400 Camarillo Ranch Rd., Suite 202
Camarillo, CA 93012
DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND
RESERVATION OF EASEMENTS
FOR
CARP BEACH CONDOS
(a Condominium Project)
THIS DECLARATION CONTAINS PROVISIONS TO SUBMIT ALL DISPUTES INVOLVING THE
DECLARANT TO BINDING ARBITRATION WITH A WAIVER OF THE CONSTITUTIONAL RIGHT TO A JURY TRIAL. YOU SHOULD CAREFULLY READ THE PROVISIONS OF THE SECTION ENTITLED "SUBMISSION OF ALL DISPUTES INVOLVING DECLARANT, INCLUDING CONSTRUCTION DEFECT DISPUTES, TO ARBITRATION"
AND SHOULD CONSULT LEGAL COUNSEL WITH ANY QUESTIONS.
[CS Attach No DRE: 01/08/18]
[This Set: 05/20/24]
Prepared by:
Murakami Law Office
371 Van Ness Way, Suite 110
Torrance, CA 90501
i
TABLE OF CONTENTS
RECITALS
I DEFINITIONS
II DIVISION, MAINTENANCE AND INSURANCE OF PROPERTY
2.01 Condominium
2.02 Repair and Maintenance of the Property by Owner
2.03 Repair and Maintenance of the Property by Association
2.04 Inspections by Association
2.05 Association Insurance
2.06 Owner Insurance
III OWNERS GENERAL USE RESTRICTIONS
3.01 Unit Use
3.02 Common Area Use
3.03 Nuisances
3.04 Debris, Trash, Refuse, and Hazardous Materials
3.05 Signs
3.06 Parking Regulations
3.07 Pet Regulations
3.08 Antennas, Satellite Dishes, and Other Transmission Devices
3.09 Window Covers
3.10 Indemnity by Owner
3.11 Use/Alteration Affecting Insurance Rates
3.12 Sound Attenuation
3.13 Water and Sewer Systems
3.14 Declarant's Exemption from Use Restrictions
3.15 Balcony Restrictions
3.16 Balcony Drains
IV ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
4.01 Organization
4.02 Membership
4.03 Membership Classes
4.04 Voting Rights and Requirements
4.05 Consent to Electronic Meetings under Corporations Code
4.06 Transfer of Membership
4.07 Transfer of Control to the Association
ii
V DUTIES AND POWERS OF THE ASSOCIATION
5.01 Commencement of Duties
5.02 Specific Association Duties and Powers
5.03 Authority of Board to Alter Boundaries of Condominiums
5.04 Right of Entry
VI COVENANTS FOR ASSESSMENT
6.01 Assessments
6.02 Commencement; Due Dates of Assessments
6.03 Assessment Rate
6.04 Assessment Duties of the Board of Directors
6.05 Effect of Nonpayment of Assessments:
Delinquency and Remedies of the Association
6.06 Waiver of Exemptions
VII ARCHITECTURAL CONTROL
7.01 Approval by the Board
7.02 Certain Procedures for the Board
7.03 No Waiver
7.04 No Liability
7.05 Review Standards
7.06 Rules and Regulations
7.07 Solar Energy Systems
VIII MORTGAGEE PROTECTION
8.01 Subordination of Lien and Foreclosure
8.02 Mortgagees Are Not Required to Cure Certain Breaches
8.03 Effect of Breach of Declaration
8.04 Exemption from Right of First Refusal
8.05 Restrictions on Certain Changes
8.06 Inspection of Association Books and Records
8.07 Condemnation Awards and Insurance Proceeds
8.08 Loss Payable Endorsement
8.09 Mortgagee's Right to Attend Meetings
8.10 Payments by Mortgagees
8.11 Notices to Mortgagees
8.12 Loan to Facilitate Resale
8.13 Control if Mortgagee Protections Conflict with Other Provisions
iii
IX DESTRUCTION OF IMPROVEMENTS
9.01 Restoration of the Property.
9.02 Notice to Owners and Listed Mortgagees.
9.03 Sale of Property and Right to Partition.
9.04 Damage to Dwellings.
X CONDEMNATION
10.01 Representation by Board in Condemnation Proceeding
10.02 Distribution of Award
XI COVENANT AGAINST PARTITION AND RESTRICTION
ON SEVERABILITY OF CONDOMINIUM COMPONENT INTEREST
11.01 No Partition; Exceptions
11.02 No Separate Conveyance of Condominium Components
XII EASEMENTS
12.01 Creation of Easements
12.02 Reservation of Easements for Declarant's Construction and Marketing Activities
12.03 Certain Easements for Association
12.04 Easements for Owners
12.05 Drainage Easements
12.06 Encroachment
XIII AMENDMENT
13.01 Amendment
XIV ENFORCEMENT AND DISPUTE RESOLUTION
14.01 Enforcement of Governing Documents
14.02 Enforcement Between Association and Owner
14.03 Failure Not a Waiver
14.04 Discipline for Breach
14.05 Notice and Hearing
14.06 Remedies Cumulative
14.07 Joint and Several Liability
14.08 Special Provisions Applicable to Resolution of Construction Defect Disputes; Declarant’s Election to "Opt In" to Statutory Pre-Litigation Procedures
14.09 Resolution of Construction Defect Disputes Against Declarant
14.10 Submission of All Disputes Involving Declarant, Including Construction Defect Disputes, to Arbitration
iv
XV POWER OF ATTORNEY TO DECLARANT
15.01 Power of Attorney to Declarant
XVI MISCELLANEOUS PROVISIONS
16.01 Term of Declaration
16.02 Notices
16.03 Partial Invalidity
16.04 Number
16.05 Attorneys' Fees
16.06 Disclosures
16.07 Declarant's Rights After Sale of All Condominiums in the Project
16.08 Supremacy of Legislation
16.09 No Enhanced Protection Agreement
16.10 Changing the Project Marketing Name
16.11 Conflict Between Declaration and Condominium Plan
EXECUTION PAGE
SUBORDINATION BY LIENHOLDER
EXHIBIT A - PROPERTY
EXHIBIT B - DESCRIPTION, AND MAINTENANCE OF COMMON AREA AND UNIT
EXHIBIT C - BUDGET SUMMARY AND RESERVES WORKSHEET
R-1
DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND
RESERVATION OF EASEMENTS FOR
CARP BEACH CONDOS
This Declaration is made by GERALD J. ZINS JR., and LISA F. ZINS, Trustees of the Jerry and Lisa Zins Family Trust Dated February 7, 1994 ("Declarant").
R E C I T A L S
A. Declarant is the Owner in fee of the real property ("Property") legally described in attached Exhibit A.
B. Declarant has developed the Property into a residential Condominium Project ("Project") under the provisions of California Civil Code Section 4125.
C. Declarant desires to impose a general plan for the development, maintenance, Improvement, protection use, occupancy and enjoyment of the Project, and to establish, adopt and impose covenants, conditions, restrictions, easements, equitable servitudes, liens and charges upon the Project for the purpose of enforcing, protecting and preserving the value, desirability and attractiveness of the Project.
D. This Declaration, and all Governing Documents for this Property, shall in effect when the first Deed conveying fee title of a Condominium to an Owner is recorded with the to commence the operation of the Condominium Project and the Association.
NOW, THEREFORE, Declarant hereby declares that upon the First Close of Escrow, the Property shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold, and improved, subject to the following declarations, limitations, covenants, conditions, restrictions, liens, charges and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property, and every part thereof, in accordance with the plan for the Improvement of the Property and division thereof into Condominiums. All of the limitations, covenants, conditions, restrictions, and easements shall constitute equitable servitudes in accordance with Civil Code Section 5975 and shall be binding upon Declarant and its successors and assignees, and all parties having or acquiring any right, title or interest in or to any part of the Property.
I-1
ARTICLE I
DEFINITIONS
Article I provides definitions of the terms commonly used in this Declaration.
Defined terms are capitalized throughout the Declaration.
All references in this Declaration to documents, code sections, ordinances, and similar references, include references to each of the items as amended or then currently in effect.
The following definitions apply unless otherwise required by the context:
Architectural Guidelines - The rules and standards adopted by the Board pursuant to the Section entitled "Architectural Guidelines" in the Article entitled "Architectural Control." Articles - The Articles of Incorporation of the Association, including any amendments.
Assessments - A charge against the Owners and their Condominiums representing their share of the common expenses. The annual Assessment is a regular assessment as described in California Civil Code Section 5600.
Association - Carp Beach Condos, Inc., a California nonprofit mutual benefit corporation formed to govern the Project, the Members of which shall be the Owners of Condominiums in the Project. The term includes its agents, the Board or any committee, as applicable.
Board or Board of Directors - The governing body of the Association.
Bylaws - The Bylaws of the Association which establishes the procedures for operating the Association, including how Member and Board meetings are conducted, the election and duties of the Board of Directors, and voting rights of Members.
City - The city of Carpinteria, California.
Common Area - The Property (including structures, land and Improvements), other than the Units, as described in Civil Code Section 4095, the Condominium Plan and this Declaration. The Common Area includes the portions of the Property described in attached Exhibit B.
Compliance Assessment - An Assessment imposed against an Owner to reimburse the Association for costs incurred because of the Owner's violation of the Governing Documents, or a monetary penalty imposed by the Association as a disciplinary measure for breach of the Governing Documents. Compliance Assessments are a type of Special Assessments.
Condominium - An estate in real property as defined in Sections 783 and 4125 (b) of the California Civil Code consisting of:
(a) A separate interest in space called a "Unit"; and
(b) An undivided interest in the Common Area.
Condominium Plan - The recorded diagrammatic drawings of the Units built or to be built on the Property approved by the City which identifies the Common Area and each Unit pursuant to California Civil Code Section 4285.
I-2
Construction Defect - A claim for defects in the design or construction of all or any portion of the Property or its Improvements, regardless of whether such claim is based on common law or statutory law, including California Civil Code Sections 895, et seq.
Declarant - The person or entity identified in the introductory paragraph of this Declaration; also, Declarant's successors to and assignees of special rights, preferences, or privileges provided for in this Declaration or by law, including any Mortgagees acquiring Declarant's interest in the Project by Foreclosure or deed in lieu of Foreclosure. Successor means a natural individual or any legal entity who acquires Declarant or substantially all of Declarant’s assets by sale, merger, reverse merger, consolidation, sale of stock or assets, by operation of law or otherwise. Declarant has the right to determine, in its sole discretion, the manner in which it transfers it obligations and rights reserved to it under this Declaration.
Declarant Parties - Declarant, developer, builder, general contractor, subcontractor and design professional who have participated in the development of the Project.
Declaration - This document and any amendments.
Deed - A document transferring title to a Condominium.
Deed of Trust - A three party security instrument conveying title to land as security for the repayment of a loan.
Reference to Deed of Trust includes a Mortgage.
Dispute - Any unresolved claim, Dispute or disagreement concerning the Property or the Governing Documents for the Project, arising among Owners, Association, and/or Declarant Parties.
Eligible First Mortgagees - Holders of First Mortgages who have requested the Association to notify them of specified proposals and changes to the Governing Documents and other Association matters.
Exclusive Use Common Area - Portions of the Common Area designated by the Declaration, the Condominium Plan or by law for the exclusive or restricted use of the Owners of particular designated Units.
First Close of Escrow - The date the first Deed is recorded conveying fee title to a Condominium to the first Owner with the intent to operate the Property as a Condominium Project governed by the Association.
First Mortgage or First Mortgagee - A Mortgage or Mortgagee that has priority over all other Mortgages or Mortgagees encumbering the same Condominium or any other portion of the Project. A blanket Mortgage recorded prior to the recording of this Declaration is a First Mortgage and the Mortgagee thereof is a First Mortgagee.
Foreclosure - The legal process by which the mortgaged property of a borrower in default under a Mortgage is sold, and the borrower's interest in that property is sold, pursuant to California Civil Code section 2924 et seq., or sale by the court pursuant to California Code of Civil Procedure section 725a et seq., and any other applicable law.
Governing Documents - All documents governing the Property, including this Declaration, the Articles, Bylaws, Condominium Plan, and any Rules and Regulations as defined in Civil Code Section 4150.
I-3
Improvements - A structure and its appurtenance including the buildings, any elevators, HVAC equipment, walkways, lighting systems, the structural elements of the building, any type of wall, awning, stairway, satellite dish, antenna, and sign. In addition, Improvement shall also mean the ceilings, doors and windows that enclose a Unit and the floor coverings that are installed in a Unit. The Board may identify additional items that are Improvements.
Institutional Mortgagee - Any bank, savings and loan Association, insurance company, real estate investment trust, retirement fund trust, or other financial institution holding a recorded First Mortgage on any Condominium.
Manager or Managing Agent - The party designated by the Board to manage the Project and perform other duties of the Association.
Member - Any person or entity who is an Owner of a Condominium.
Mortgage - A two party security instrument pledging land as security for the performance of an obligation.
Reference to Mortgage includes the Deed of Trust.
Mortgagee - The party entitled to performance by a mortgagor. Reference to Mortgagee includes any beneficiary under a Deed of Trust including a Deed of Trust on any portion of the Property, recorded prior to the recording of this Declaration.
Notice and Hearing - A notice of time and an opportunity for a hearing as provided for in the Governing Documents.
Occupant - An Owner, resident, guest, invitee, tenant, lessee, sublessee, or other person residing in a Unit.
Owner - The Person holding a recorded fee simple interest in a Condominium (including the Declarant), or the purchaser of a Condominium under an installment land sales contract. "Owner" does not include any person or entity having an interest in a Condominium merely as security for the performance of an obligation.
Party - The claimants and respondents in a proceeding to resolve a Dispute.
Person - A person, partnership, limited liability company, limited partnership, corporation, Trustee or other legal entity.
Project or Property - The real property described in Exhibit A to this Declaration. The Project is a "Condominium Project" as defined in Civil Code Section 4125 and a Common Interest Development under Civil Code Section 4100.
Quorum - The minimum number of Members or Directors that must be present at any Member meeting or Board of Directors meeting, respectively, to legally proceed with the meeting. The Quorum number is set forth in the Bylaws.
Regular Assessments - Assessments used to meet the Association's normal operating expenses and to establish necessary reserves.
I-4
Rules and Regulations - The Rules and Regulations adopted by the Board pursuant to Civil Code Section 4340(a) et seq.
Service Lines and Facilities - Electric, telephone, cable television, community antenna television system, satellite television lines, water, gas, security system lines, sanitary sewer lines and drainage facilities, irrigation lines, meters and related facilities, lines, cables, wires or other conduits or devices for utilities and other similar service lines and facilities.
Special Assessments - Assessments levied on an as-needed basis to meet expenses of any extraordinary or capital nature and may include but are not limited to Compliance Assessments.
Total Voting Power - One hundred percent (100%) of the votes by Owners which may potentially be cast.
Unit - The elements of a Condominium that are not owned in common with other Owners as defined in California Civil Code Section 4125 and described in the Condominium Plan. The Unit consists of the airspace bounded by the walls, ceiling, windows, doors, and floors of the space and includes the portions of the Property described in attached Exhibit B.
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ARTICLE II
DIVISION, MAINTENANCE AND INSURANCE OF PROPERTY
This Article explains a Condominium, a Unit, Common Area, including Exclusive Common Areas, and designates maintenance and insurance obligations between the Owners and the Association.
2.01 Condominium
A Condominium is comprised of the following:
(a) Unit.
Each Unit consists of all elements and areas identified as such on the Condominium Plan. (b) Common Area.
(1) The Property not constituting the Units is the Common Area. (2) Each Owner of a Condominium in the Property will receive the following undivided interest in the Common Area in the Property: one/third (1/3).
(c) Exclusive Use Common Area.
(1) Exclusive Use Common Area includes the following: portions of the Common Area designed to serve a particular Unit but located outside the boundaries of the Unit, as set forth in Civil Code Section 4145, if not shown and designated as such on the Condominium Plan. (2) Use of the Exclusive Use Common Area is subject to reasonable restrictions contained in any Governing Documents.
2.02 Repair and Maintenance of the Property by Owners
(a) Owners shall maintain and repair the Unit in a clean, sanitary, attractive and safe condition, including those items stated in Exhibit B, the following, and in compliance with all City conditions of approval for the Project. The Owners, through the Association, shall share maintenance responsibility for Common Area shared improvements (other than Exclusive Use Common Area, which shall be the responsibility of the Owner whose particular Unit is served by such Exclusive Use Common Area). (1) Any damage to the Common Area, including to walls, floors and ceilings forming the boundaries of a Unit caused by a condition of a component or area which the Owner is responsible for maintaining, even if the prevention of that condition is not due to the negligence or other fault of the Owner. For example, if a washing machine hose or angle stop valve fails for any reason, causing damage to common areas, the Unit Owner shall be solely responsible for the repair of the damage and the cost of the repair even if damage was not caused by the Owner’s negligence. All the repairs shall be subject to prior approval of the Board. At the Board’s sole discretion, the Association may notify the Owner that the Association intends to perform the repairs and may specially assess the Owner for the cost of the repairs, which II-2
assessment may become a lien against the Unit. The Board shall have the sole and exclusive discretion to submit a claim to the Association’s property casualty insurance carrier for any damage which results from the failure of a Unit component. If a claim is tendered to the Association’s property insurance carrier for a loss described in this Section, the Owner shall be responsible for the insurance deductible amount. And if the Owner refuses to pay the insurance deductible amount required, the Board shall have the power to assess the Owner for that amount.
(2) If damage to the Common Area or public property is caused by a failure of a Unit component, the Owner shall have the duty and obligation to promptly notify the Association, in writing, of the damage and promptly undertake to mitigate the damage through engaging emergency services firms specializing in such situations and shall provide access to the Owner’s Unit upon reasonable request by the Association to investigate the damage to the Common Areas. (3) If there is damage to a Unit or Common Area caused by a failure of a Common Area component, such as a waterproofing system or a plumbing pipe within a wall, the Owner shall have the duty and obligation to immediately notify the Association, in writing, of the damage and cooperate in providing access to mitigate damage and perform repairs. The failure to timely report a failure resulting in damage or the failure to cooperate in allowing access to investigate or perform repairs, shall entitle the Association to specially assess the non-compliant Owner for such additional costs of repair due to delay or non-cooperation. (b) Subject to this Declaration and compliance with California Civil Code Section 4760 and other applicable laws, an Owner may make any improvement or alteration within the Unit that does not impair the structural integrity, sound attenuation capacity, waterproofing capacity, fire rating, electrical, plumbing, or mechanical systems, or lessen the lateral or vertical support of any portion of the Property or otherwise negatively impact the insurability of the Property.
2.03 Repair and Maintenance of the Property by Association (a) The Association is responsible for maintaining, repairing, modifying, replacing, and altering Common Area as defined in detail in Exhibit B, Exhibit C Budget Summary and Reserves Worksheet, and in compliance with all City conditions of approval for the Project. (b) The Association is responsible for (i) maintaining Common Area landscaping, which shall consist of drought resistant, low water species (and, where feasible, locally adapted native plants), in good condition and maintaining specimen trees appropriate to the site in good condition so as to attain a full and healthy mature appearance; and (ii) maintaining, subject to any permits required from utility providers and the City Public Works Department, any landscaping, fencing, and specialty hardscape within the City’s right-of-way.
(c) In accordance with Civil Code Section 4340, the Board may adopt an operating rule, which reasonably addresses the responsibilities for maintenance of Common Area items not addressed in the Declaration.
The rule adopted by the Board is subject to the right of the Members to reverse the rule adoption, pursuant to Civil Code Section 4365.
(d) The Association shall comply with any water quality management plan ("WQMP") prepared for the Project, including any "best management practices", and any other drainage area management plan prepared for the Project.
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2.04 Inspections by Association
(a) In compliance with California Civil Code Section 5551, the Association shall cause a visual inspection, by a licensed structural engineer or architect, of certain structural elements defined as load-bearing components and associated waterproofing systems to determine whether the exterior elevated elements are in a generally safe condition and performing in compliance with applicable standards. (b) A written report from the licensed structural engineer or architect shall be required and include the following information:
(1) The identification of the building components comprising the load-bearing components and associated waterproofing system.
(2) The current physical condition of the load-bearing components and associated waterproofing system, including whether the condition presents an immediate threat to the health and safety of the residents.
(3) The expected future performance and remaining useful life of the load-bearing components and associated waterproofing system.
(4) Recommendations for any necessary repair or replacement of the load-bearing components and associated waterproofing system.
2.05 Association Insurance
(a) The Board shall obtain and maintain the following insurance coverages:
(1) Primary master policy of fire and casualty insurance with extended coverage endorsement known as "Single Entity Coverage." The amount of coverage should be one hundred percent (100%) of the then current full replacement cost (without deduction for depreciation or coinsurance) of all insurable improvements on the Common Area (together with all fixtures, building service equipment and common personal property and supplies) and the fixtures within the Unit as originally built. It does not apply to the personal items (such as computers and clothing) of the residents, and does not apply to any enhancements made to the Unit.
Owners should carefully review the provisions of the Association policy to determine what items are covered. The Condominium Owner is responsible for covering under a HO6 policy, only the personal property along with any Improvements or betterments made by the Owner, whether or not approved by the Board. The policy shall name as insured the Association, Declarant (as long as Declarant owns a Unit), the Owners and all Mortgagees as their respective interests may appear, and waive the right of subrogation against Owners, if obtainable, and may contain a loss payable endorsement in favor of a Trustee. The policy must contain, if required by FNMA and if obtainable:
(A) Either a Guaranteed Replacement Cost Endorsement or a Replacement Cost Endorsement;
(B) An Agreed Amount Endorsement if the policy of insurance includes a coinsurance clause;
(C) Inflation Guard Endorsement: and
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(D) Building Ordinance or Law Endorsement if the enforcement of any building, zoning or land-use law will result in loss or damage, increased cost of repairs or reconstruction or additional demolition and removal costs. (2) Comprehensive public liability insurance in a reasonably prudent amount that covers the Association, Board, Managing Agent, Declarant (as long as Declarant owns a Unit), Owners, Occupants and any other agents or employees incident to the ownership or use of Common Area against physical injury, death and property damage arising out of a single occurrence. The Board should consider maintaining insurance in the amount specified by Civil Code Sections 5800 and 5805.
(3) If available, an extended coverage endorsement clause known as "Special Form", and a clause that permits a cash settlement to cover the full value of Improvements in case of destruction and a subsequent decision not to rebuild.
(4) Fidelity bond coverage for its directors, officers, and employees in an amount that is equal to or more than the combined amount of the reserves of the Association and total assessments for three (3) months. The fidelity bond shall also include computer fraud and funds transfer fraud.
If the Association uses a managing agent or management company, the fidelity bond coverage shall additionally include dishonest acts by that person or entity and its employees. Fidelity bonds must provide for a ten (10) day written notice of modification or termination to any insurance trustee, and to each FNMA servicer who has filed a written request with the carrier for such notice.
(5) Workers' compensation insurance, in compliance with all applicable laws (if there are any employees or any workers hired to work in the Common Areas). If contractors are utilized, the Association should require evidence of Workers Compensation insurance and a certificate of insurance verifying Comprehensive General Liability insurance in a minimum amount of $1,000,000.00, naming the Association as additional insured. The contractor's policy shall have a minimum 30-day notice of cancellation provision.
(6) Director and officer liability insurance ("D&O") in an amount that satisfies Civil Code section 5800(a). In the absence of gross negligence, intentional misconduct, or fraud, the Association shall indemnify Directors and officers from personal liability for claims made as a result of the performance of their duties.
(7) Any other insurance policy the Association deems appropriate. (b) Association insurance policies shall contain the following provisions, if available:
(1) Statements that the policies are primary and non-contributing; (2) Statements that an Owner's conduct will not constitute grounds for avoiding liability; (3) Inflation Guard Endorsement (if obtainable at a reasonable cost); (4) Standard Mortgagee clause, and name as Mortgagee FNMA or servicer (if applicable). (c) Each hazard insurance policy must be written by a carrier who meets FNMA requirements for a "Best Rating."
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(d) Each Owner appoints the Association or any insurance Trustee designated by the Association to act on behalf of the Owners in connection with all insurance matters arising from any insurance policy maintained by the Association, including without limitation, representing the Owners in any proceeding, negotiation, settlement, or agreement.
(e) Any insurance maintained by the Association shall contain "waiver of subrogation" as to the Association and its officers, directors, and the Owners and occupants of the Condominiums and Mortgagees, and all Owners are deemed to have waived subrogation rights as to the Association and/or other Owners, whether or not their policies so provide. (f) All insurance policies must require a written thirty (30) day notice of modification or termination of coverage from the insurer to the Association, Declarant, Owners and their Mortgagees, and any interested party who requests such a notice.
(g) The Association is not obligated to provide intra-Unit public liability insurance or any protection against risks customarily covered under "homeowners" or "broad form homeowners" policies. Owners shall individually insure against such risks.
2.06 Owner Insurance
(a) Owners may insure their own personal property against loss and obtain any personal liability insurance covering the Unit. The insurance maintained by the Association does not cover the personal property in the Units and does not cover personal liability for damages or injuries occurring in the Units. Any Improvements made by an Owner within the Owner’s Unit may be separately insured by the Owner, but the insurance is to be limited to the type and nature of coverage commonly known as "improvements insurance." The Owner shall not obtain such insurance if the Association policy will provide coverage for such Improvements.
(b) It is the Owner’s responsibility, if desired, to obtain loss assessment coverage for certain future Special Assessments, earthquake insurance and any other available insurance.
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ARTICLE III
OWNERS GENERAL USE RESTRICTIONS
Article III defines the manner in which residential Condominiums may be used.
3.01 Unit Use
(a) A Unit may only be used for a single family dwelling. (b) An Owner may lease a Unit for residential purposes if:
(1) There is a written agreement;
(2) The lease states it is subject to all the provisions of the Governing Documents and that any failure to comply with any provision of this Declaration or the other Governing Documents shall constitute a default under the terms of the lease; (3) A copy of this Declaration is made available to each tenant or lessee by the Owner; (4) The Owner gives the Board the names and telephone numbers of all Occupants; (5) The Owner pays annual license tax to the City as required by Municipal Code Section 5.04.600; (6) The Owner leases the Unit for a term longer than thirty (30) days. Leases for terms of thirty (30) days or fewer are prohibited. Short term vacation and transient rentals such as but not limited to those arranged through Airbnb, VRBO, or other short term rental services are expressly prohibited;
(7) The Association shall have a right of action directly against any Occupant for any breach of any provision of the Governing Documents.
(c) Subject to Declarant's rights in this Declaration, occupations and businesses that do not interfere with the residential nature of the Property or quiet enjoyment by other Owners may be carried on within a Unit, provided that all applicable laws, ordinances, zoning regulations and rules are satisfied and that there is no external evidence of any such occupation, such as an unreasonable increase in visitors, or an increase in the sound or smell emanating from the Unit.
3.02 Common Area Use
(a) Common Area and Exclusive Use Common Area, if any, may only be used for purposes which are compatible with usages customarily associated with common areas located within residential condominium developments in California, and subject to the limitations described in this Declaration and other Governing Documents.
(b) Any Owner may delegate their rights of use and enjoyment of any Common Area facilities to any Occupant. If an Owner has rented or leased the Condominium, such rights shall be automatically delegated to the tenants or lessees for the duration of their tenancy, and the Owner shall forfeit any rights to use and enjoy any such facilities for the duration of the tenancy.
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3.03 Nuisances
(a) Illegal, offensive, obnoxious actions, or noxious odors are prohibited on the Property. (b) An Occupant may not cause the level of noise or sound from the Unit to interfere with the quiet enjoyment of an Occupant of a Unit within the Project (e.g., loud music or television, shouting, slamming of doors, etc.)
(c) The Board shall have the right to determine if any unreasonable action, odor, noise or other conduct constitutes a nuisance, and to appropriately deal with the situation. (d) Owners shall be accountable to the Association and other Owners for the conduct and behavior of Occupants of the Unit.
3.04 Debris, Trash, Refuse, and Hazardous Materials
(a) Weeds, rubbish, debris, objects or materials of any kind that are unsanitary, unsightly, or offensive may not be placed or permitted to accumulate in any Unit or the Common Area. (b) No person shall discharge into the Project's sewer system, storm drain or any toxic or noxious liquids or materials in such concentrations as to be detrimental to or endanger the public health, safety, or welfare of an Occupant or violate any law.
3.05 Signs
(a) Subject to Civil Code Sections 712 and 713, and any local ordinance, an Owner may advertise a Condominium for sale or lease with signs with a size, format, and location previously approved by the Board.
(b) Owners are subject to Civil Code Sections 4705 and 4710 in regard to the display of non-commercial flags, banners, signs and posters.
(c) No other sign, poster, display, or advertising device may be displayed anywhere on the Property visible outside a Unit without the prior written consent of the Board. (d) As long as Declarant owns a Condominium, Declarant may erect and maintain any signs, advertising devices or structures to conduct development, improvement, subdivision, sale or leasing operations on the Property without Board approval, as long as the activities do not unreasonably interfere with any Owner’s use of the Property.
3.06 Parking Regulations
(a) All applicable provisions of the California Vehicle Code will be enforced on any private streets on the Property in accordance with California Vehicle Code Section 22658.
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(b) Authorized Vehicles. The following vehicles are authorized within the Property: motorized land vehicles designed and used primarily for noncommercial passenger transport, such as automobiles, passenger vans designed to accommodate ten (10) or fewer people, two-wheel motorcycles, and pickup trucks having a manufacturer's rating or payload capacity of one (1) ton or less (collectively, "Authorized Vehicles"). Authorized Vehicles may be parked in any portion of the Property intended for parking of motorized vehicles.
(c) Prohibited Vehicles. The following vehicles are prohibited within the Property: recreational vehicles (e.g. motorhomes, travel trailers, camper vans, boats, etc.), commercial-type vehicles (e.g. stakebed trucks, tank trucks, dump trucks, step vans, concrete trucks, etc.), buses or vans designed to accommodate more than ten (10) people, vehicles having more than two (2) axles, trailers, or inoperable vehicles and parts of vehicles or aircrafts (collectively, "Prohibited Vehicles"). (d) Regardless of whether a specific vehicle meets the definition of an Authorized Vehicle or Prohibited Vehicle, the Board shall have the right to reasonably determine if a specific vehicle is permitted to be parked within the Project.
(e) The Board may establish parking Rules and Regulations. (f) The Association has the right and obligation to enforce all parking restrictions and to remove any violating vehicles in accordance with the California Vehicle Code, or other applicable laws. (g) No explosives, fireworks, or highly flammable material such as gasoline, kerosene, oil, oil-based paints, solvents, etc. may be stored in any garage.
(h) The Association shall ensure that:
(i) One (1) uncovered guest parking space in the Project is maintained and permanently marked "Guest Parking" and is intended for use by guests of Owners and Occupants in the Project and shall remain available as a guest space for the life of the Project. The guest parking space may not be used on a longterm or routine basis by Owners, Occupants or guests. (ii) adequate space is made available to allow vehicles to be parked within all provided onsite parking spaces, including the guest parking space and garage parking spaces. (i) Garage doors may not be left open, except as temporarily necessary or while used for entering or exiting.
(j) All vehicles of an Occupant shall be parked in the garage. Garage space shall not be converted into any use (such as a recreational room or storage room) that would prevent its use as parking for the number of vehicles the space was designed to contain.
3.07 Pet Regulations
(a) A reasonable number of domesticated pets may be kept in a Unit, provided they are not kept, bred or raised for commercial purposes and they are kept under reasonable control at all times. In Civil Code Section 4715 "Pet means any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the association and the homeowner." The Board may establish rules and regulations governing size, weight and number restrictions of animals that may be allowed in the Project.
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(b) In addition, small-domesticated pets (e.g., birds, hamsters, fish, turtles) may be kept in a contained environment (cage or aquarium), provided they are not kept, bred or raised for commercial purposes. (c) No pets shall be permitted that are a nuisance or which create any unreasonable disturbance. If a pet is determined to constitute a nuisance, the Board may carry out enforcement measures, including fines and permanent removal of the animal from the Project.
(d) A pet may only enter the Common Area while on a leash held by a person capable of controlling it. No pet may be tied or left unattended in any Common Area.
(e) Owners and Occupants must prevent their pets from soiling the Common Area, and shall promptly clean up any waste left by their pets.
(f) The Owner of a pet is responsible for any damage to the Common Area caused by the pet. The Owner of a pet shall have sole liability for all damages claimed by any person harmed by such pet, and shall defend, indemnify and hold harmless all Owners, the management company, the Association and the Board of Directors from any and all losses, costs, and liability arising from having any pet on the Property.
(g) Occupants must obtain approval from the Owner before keeping pets in the Unit. The Owner shall be responsible for an Occupant's compliance with any Rules and Regulations regarding animals within the Project. Both the Occupant and Owner of the Unit shall have joint and several liability for any damage, including personal injury and property damage, claimed by any person harmed by such pet. (h) No domestic dog shall be within the Property that has, when unprovoked:
(1) Bitten a person;
(2) Inflicted injury on or killed a human being;
(3) Been determined, by the Board or local governmental authority, to be potentially dangerous; (4) On two separate occasions within the prior 36-month period, engaged in any behavior that required a defensive action by any person to prevent bodily injury when the person and the dog are outside the Unit of the Owner or keeper of the dog; or (5) Killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal outside the Unit of the Owner or keeper of the dog.
3.08 Antennas, Satellite Dishes, and Other Transmission Devices (a) No television, radio, data transmission poles, antennas, satellite dishes, and similar devices, other than those originally installed by the Declarant, shall be constructed, erected or maintained on or within the Project, unless authorized by the Board.
(b) Notwithstanding the foregoing, all restrictions on the foregoing devices, shall be subject to all applicable federal state and local laws, including, but not limited to, the Federal Telecommunications Act of 1996 and California Civil Code Section 4725.
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3.09 Window Covers
Newspaper, aluminum foil or similar materials may not be used as window coverings.
3.10 Indemnity by Owner
Owners shall defend and indemnify and hold the Declarant, Association, the Board, Managing Agent, and other Owners harmless without limitation for any claims arising from the Owner's or Occupant’s negligence or willful misconduct for damages caused and any costs incurred.
3.11 Use/Alteration Affecting Insurance Rates
(a) Acts that threaten cancellation or an increase of insurance rates for the Property are prohibited without Board approval.
(b) If a particular Owner's use or activity is the cause of increased insurance rates, the responsible Owner is personally liable for the additional insurance premiums for the Association.
3.12 Sound Attenuation
Each Owner must ensure that any changes to the Unit ((especially plumbing and flooring) shall not have the effect of increasing the level of noise or sounds that can be heard outside of the Unit above a sound level (impact and airborne sounds) of 55 dB(A).
(a) Floors. All changes to floors separating Units (tile, hardwood, stone, carpet, etc.) must provide State of California Building Code-compliant sound control properties for airborne and impact sound insulation.
In addition, the floor/ceiling assemblies must satisfy the higher sound control requirements established for the Project as set forth herein. The impact sound insulation rating of the floor ceiling assemblies after installation must be Field Impact Insulation Class (FIIC) 50 or higher. Airborne sound isolation rating thereof must be Noise Isolation Class (NIC) 52 or higher. (b) Walls. Walls must provide an airborne sound insulation sufficient to meet a Noise Isolation Class (NIC) rating of 52.
(c) Plumbing. All plumbing must be properly insulated for sound and isolated from studs, joints, and penetrations.
(d) Penetrations. Penetrations or openings for piping, electrical devices, recessed cabinets, bathtubs, soffits or heating, ventilating or exhaust ducts shall be sealed, lined, insulated, or otherwise treated to maintain the required sound insulation ratings.
(e) Required Testing. All alterations to walls and floors must be field tested under the supervision of a person experienced in the field of acoustical testing to determine compliance with the minimum sound control standards set forth herein. Non-compliant systems must be promptly brought into conformance or removed and replaced with approved materials/assemblies.
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3.13 Water and Sewer Systems
No individual water supply system, water softener system or sewage disposal system is permitted in a Unit unless the system is designed, located, constructed and equipped in accordance with the requirements, standards, and recommendations of the applicable water or sewer district and any governmental health authority having jurisdiction.
3.14 Declarant's Exemption from Use Restrictions
(a) Sales of the Condominiums are essential to the successful establishment of the Project. So that all work necessary to complete the Project may proceed the Declarant has the following rights:
(1) To complete the build-out of the entire Project, including any Units, Common Area; (2) To use the Common Area for sales and marketing of the Condominiums; (3) To maintain and display signs, pennants and flags on the Project as may be necessary for the sale, lease of the Condominiums.
(b) These rights of Declarant shall terminate upon the sale of Declarant's entire interest in the Project. So long as Declarant, its successors and assigns, owns a Condominium, Declarant, and its successors and assigns, has these rights to complete and market the Condominiums.
3.15 Balcony and Rooftop Restrictions
Balconies appurtenant to an Owner's Unit shall not be used for storage purposes and shall be kept free of clutter and debris. Furniture and other structures placed on the rooftop deck of Unit 1 shall not exceed a height of forty-two (42) inches, with the exception of one single-pole umbrella. (Note: the rooftop deck was eliminated from the project plans for Unit 1 prior to building permit issuance.)
3.16 Balconies Drains
(a) Owners are responsible for the cleaning and maintenance of any drains to the balconies of their Unit.
Improperly maintained drains may cause water blockage and/or potential flooding which can detrimentally affect the Property. Owners may be held liable for failing to clear the debris, leaves, garbage, dirt and other materials that may obstruct or block these drains and the drains in Common Areas.
(b) All repairs or changes to the drains shall be subject to prior approval of the Board. An Owner is obligated to promptly notify the Association if an Owner detects damage to such drains. Should an Owner fail to comply with the provisions herein, the Board is authorized to enter Owner's Unit or Exclusive Use Common Area to inspect and remedy the violation and shall be reimbursed by the Owner for any costs or expenses incurred thereto. Any failure of the Owner to promptly notify the Association or Board to comply with this Section shall be deemed a failure to mitigate damage in the event of a defect as defined in Section 896 of the California Civil Code that could have been avoided through preventive maintenance and may be cause for such claims to be denied.
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ARTICLE IV
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
Article IV defines Owners' Membership and voting rights.
4.01 Organization
The Association is a California nonprofit mutual benefit corporation charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents.
4.02 Membership
Every Owner is automatically an Association Member. Each Member shall be obligated promptly, fully and faithfully to comply with the provisions of this Declaration, and the Bylaws of the Association, and any Rules and Regulations from time to time which may be prescribed by its officers or Directors.
4.03 Membership Classes
(a) The Association has two (2) classes of voting Membership:
(1) Class A Members - All Owners (other than Declarant), entitled to one (1) vote for each Condominium owned.
(2) Class B Member - Declarant, entitled to three (3) votes for each Condominium owned by Declarant.
(b) Class B Membership irreversibly ceases and converts to Class A Membership three (3) years after the First Close of Escrow of a Condominium in the Project.
4.04 Voting Rights and Requirements
(a) Voting rights shall commence for each Condominium within the Project when Assessments against the Condominium have been levied by the Association.
(b) Co-Owners (i.e., where an Owner of a single Unit is comprised of more than one person) shall have the following voting rights:
(1) Each Co-Owner has an indivisible interest in a single Membership. (2) Each vote on behalf of a Condominium is cast as a single unit, without fraction. If Co-Owners cannot unanimously agree how to cast their vote, they forfeit their right to vote on the matter in question.
(3) If a Co-Owner casts a vote representing a certain Condominium, it will be presumed for all purposes to be a vote with the authority and consent of all other Co-Owners of the Condominium.
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(c) Approval by the Owners shall require majority approval of a Quorum unless any provision of the Governing Documents specifies a higher percentage for approval. (d) No provision which requires the approval of a prescribed majority of the voting power of Members of the Association other than the Declarant for action to be taken by the Association is intended to preclude the Declarant from casting votes attributable to Condominium that Declarant owns.
4.05 Consent to Electronic Meetings under Corporations Code The acquisition of ownership of a Condominium shall be deemed to be irrevocable consent of each Owner of record of the Condominium to have Association meetings of Members be conducted entirely by electronic video screen transmission by the Association without any physical location at which a member could attend in person. The electronic video screen transmission shall provide Members a reasonable opportunity to participate in the meeting and to vote on matters submitted to the Members, including the opportunity to read or hear the proceedings of the meeting concurrently with the proceedings. The Board shall make and maintain a record of the votes and other action taken at such meetings. This consent shall be deemed to fulfill all requirements under Corporations Code Section 7510 (f).
4.06 Transfer of Membership
(a) Membership of each Owner shall be appurtenant to the Condominium owned and may only be (and is automatically) transferred upon conveyance of title to a Condominium to the new Owner. (b) In connection with any transfer or change of Ownership of any Condominium, the Association and each Owner must comply with Civil Code Section 4525.
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ARTICLE V
DUTIES AND POWERS OF THE ASSOCIATION
Article V describes in detail the duties and powers of the Association to govern its Members and maintain the Common Areas.
5.01 Commencement of Duties
The Association's responsibilities shall commence upon the First Close of Escrow of a Condominium.
Notwithstanding the foregoing, if the contractors or subcontractors chosen by Declarant are contractually obligated to perform maintenance on the Common Areas or have warranted any work performed in the Common Areas, the Association shall accept the performance of such warranty or other contractual maintenance obligations.
5.02 Specific Association Duties and Powers
The duties and powers of the Association are those set forth in the Governing Documents, together with its general and implied powers as a nonprofit mutual benefit corporation, generally to do all things which are necessary or proper for the peace, health, comfort, safety and general welfare of the Project, including without limitation, the following:
(a) Enforce the applicable provisions of the Governing Documents and other instruments for the Ownership, management and control of the Project;
(b) Contract for goods and services for Common Areas;
(c) Borrow money and to mortgage, pledge, or otherwise hypothecate any of its real or personal property as security for money borrowed or debts incurred;
(d) Have the Board adopt and enforce reasonable Rules and Regulations not inconsistent with the Governing Documents that comply with Civil Code Sections 4340; (e) Exercise any powers normally exercised by residential homeowner associations under the laws of the State of California; and
(f) Have the authority, through the Board, to enter into a maintenance agreement for the Common Areas with Declarant for temporary suspension of a portion of Regular Assessments. (g) To the extent not assessed to or paid by the Owners, the Association shall pay all real and personal property taxes and assessments levied upon any portion of the Property. In addition, if the Condominiums in the Project are taxed under a blanket tax bill covering all of the Condominiums, each Owner shall pay his or her proportionate share of any installment due under the blanket tax bill to the Association at least ten (10) days prior to the delinquency date; and the Association shall transmit the taxes to the appropriate tax collection agency on or before the delinquency date.
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(1) Blanket taxes shall be allocated among the Owners and their Condominiums based upon the prorated square footage of each Unit. The Association shall, at least forty-five (45) days prior to the delinquency date of any blanket tax installment, deliver to each Owner a copy of the tax bill, along with a written notice setting forth the Owner’s obligation to pay his or her proportionate share of the tax installment and the potential additional charges to the Owner for failure to comply.
(2) The Association shall pay the taxes on behalf of any Owner who does not pay his or her proportionate share. The Association shall add to the Annual Assessment of a delinquent Owner the amount of any sum advanced, plus interest at the rate of ten percent (10%) per annum and any amount necessary to reimburse the Association for any penalty or late charge actually assessed in connection with the blanket tax bill, which late charge results from the failure of the delinquent Owner to make timely payment of his or her proportionate share of the taxes.
5.03 Authority of Board to Alter Boundaries of Condominiums If any building or portion thereof containing Condominiums is damaged or destroyed or in need of renovation or rehabilitation and the building is repaired or reconstructed, the Condominium building may be repaired or reconstructed in a manner that alters the boundaries of the Units and/or Common Areas provided all of the following conditions are satisfied:
(a) The alteration has been approved by the Board of Directors, by Members holding a majority of the Total Voting Power of the Association, by the City, and by the holders of any First Mortgages to the extent required herein;
(b) The Board has determined that the alteration is necessary in order to comply with current building code requirements, to meet current building construction standards and procedures, or to improve the conditions and quality of the Condominium building;
(c) The alteration does not materially change the location of any Unit or materially reduce the size of any Unit without the consent of the Owner of such Unit and the holders of any First Mortgages thereon. For purposes of this Declaration, a material reduction in the size of the Unit shall mean any alteration that increases or decreases the square footage of the interior floor space of the Unit by more than five percent (5%) from that which was originally constructed by Declarant; (d) The Board has determined that any alteration that will relocate or reduce the Common Areas will not unreasonably interfere with the rights of the Owners and occupants to use and enjoy the Common Areas; and
(e) The Condominium Plan is amended to reflect the alteration to the Units or Common Areas.
5.04 Right of Entry
(a) The Association has the right to enter any Unit or its Exclusive Use Common Area to determine compliance with the Governing Documents and to perform its duties, including the duties to maintain the Condominium building and to enforce the Governing Documents. (b) In case of emergency, or by court order, a Unit may be entered immediately.
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(c) Absent an emergency or court order, a Unit or its Exclusive Use Common Areas may only be entered at reasonable hours after the Owner has received three (3) days' written notice. The written notice of entry must state explicitly the Declarant/Association’s reason for the necessity to enter any Unit or Exclusive Use Common Area.
(d) Entry must be made with as little inconvenience as possible to the Owner/Occupant and without a breach of the peace. If the Association has reason to expect a breach of the peace upon entry, it may take such preventive steps as it deems necessary, including obtaining a court order.
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ARTICLE VI
COVENANTS FOR ASSESSMENT
Article VI describes Assessments which Owners pay in order to fund Association functions, including maintenance, insurance, etc.
6.01 Assessments
(a) Assessments shall be levied by the Association for improvement and maintenance of the Common Area, administration of the Property, and to promote the recreation, safety, and welfare for the common good of all the Owners.
(b) Each Owner, by acceptance of a Deed to a Condominium, whether or not it shall be so expressed in any deed, covenants and agrees to pay all Assessments to the Association. (c) Assessments and related interest, collection costs, and reasonable attorneys' fees are the personal obligations of the Owner, but are not the personal obligation of successors in title unless expressly assumed by them. The Condominium remains subject to any Assessment liens of record, except upon Foreclosure of a First Mortgage, as stated in the Article entitled "Mortgagee Protection." (d) Pursuant to Civil Code Section 5600, the Association shall comply with obligations under the Governing Documents regarding levying Regular and Special Assessments. (e) Pursuant to Civil Code Section 5600(b), the Association may not collect an Assessment or fee that exceeds the amount necessary to defray the costs for which it is levied. (f) Pursuant to Civil Code Section 5605(a), 5300(b), and 4070, the Association shall comply with all requirements regarding annual increases in Regular Assessments. (g) Pursuant to Civil Code Section 5605(b), the Board shall comply with all regulations regarding imposing Regular or Special Assessments and complies with all regulations regarding approval of a majority of quorum members as per Civil Code Section 4070 and defined in Section 5605(c). (h) Pursuant to Civil Code Section 5610, the Board shall comply with all regulations regarding Assessments necessary for emergency situations as defined in Section 5605.
6.02 Commencement; Due Dates of Assessments
(a) Regular Assessments against all Condominiums in the Project commence on the first day of the month following the First Close of Escrow within the Project. (b) Regular Assessments shall be due and payable in any reasonable manner established by the Board.
6.03 Assessment Rate
Regular Assessments and Special Assessments shall be levied equally between the Condominiums.
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6.04 Assessment Duties of the Board of Directors
(a) The Board must levy Regular and Special Assessments in compliance with Civil Code Section 5600, 5605, 5610, 5615, 5620 and 5625.
(b) The Board must establish separate bank accounts for operating monies and reserve monies.
6.05 Effect of Nonpayment of Assessments: Delinquency and Remedies of the Association (a) An Assessment is delinquent ("Delinquent Assessment") if not paid within fifteen (15) days after the due date. A Delinquent Assessment includes:
(1) A late charge imposed by the Board to the maximum amount in accordance with California Civil Code Section 5650(b);
(2) Reasonable collection costs and attorney's fees; and (3) Interest on all costs and charges at the maximum permissible rate, commencing thirty (30) days after the Assessment is due.
(b) Delinquent Assessments and related costs will be a continuing lien on the relevant Condominium when a "Notice of Delinquent Assessment" is recorded against an Owner's fee interest in a Condominium. (c) Notwithstanding the foregoing, a Compliance Assessment imposed by the Board as a disciplinary measure for failure of an Owner to comply with the Governing Documents may not become a lien against the Owner's Condominium enforceable by a sale of the Condominium in accordance with the provisions of Sections 2924, 2924(b) and 2924(c) of the Civil Code. However, this does not apply to charges imposed against an Owner consisting of reasonable late payment penalties for Delinquent Assessments and/or charges to reimburse the Association for the loss of interest or for costs reasonably incurred including attorney's fees in its efforts to collect other Delinquent Assessments. (d) In addition to all other legal rights and remedies, the Association may:
(1) Bring legal action against an Owner who is personally obligated to pay the Assessment and charges (without foreclosing or waiving any lien security); (2) Judicially foreclose the lien against the Condominium, including the Assessment, interest, collection costs and late charges;
(3) Foreclose the lien by power of sale in accordance with California Civil Code Sections 2924- 2924h, or any other lawful manner; or
(4) Bid on the Condominium through authorized agents at the Foreclosure sale, to acquire and thereafter to hold, lease, mortgage or convey.
6.06 Waiver of Exemptions
Each Owner waives to the extent permitted by law, the protections of any homestead or exemption laws as applied to any action to enforce the assessments levied by the Association.
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ARTICLE VII
ARCHITECTURAL CONTROL
Article VII addresses alterations which Owners may wish to make to their Units. The Board's unanimous approval must be obtained for most such changes.
7.01 Approval by the Board
(a) Any exterior alteration or Improvement or change to the exterior of a Unit anywhere on the Property (including any Common Area) must first be approved in writing by the Board. (b) Complete plans and specifications must be submitted in writing to the Board showing plot layout, materials, sizes, color, design and landscaping, and with the signature of the Owner.
7.02 Certain Procedures for the Board
(a) If the Board fails to rule on a proposal within thirty (30) days after complete plans and specifications have been submitted as outlined below, the plans will be considered automatically approved. (b) Complete plans and specifications must be either:
(1) Personally delivered to a Board Member; or
(2) Mailed postage prepaid, certified mail, return receipt requested to the Board at its current address.
7.03 No Waiver
Board approval of a proposal does not limit the Board's right to withhold approval for similar proposals.
7.04 No Liability
The Association and Board (including officers, Directors, employees, agents and Members) are not liable in any way for loss, damage or injury connected with the Board's duties, unless there is evidence of willful misconduct or bad faith (in which case only the guilty person(s) are liable).
7.05 Review Standards
(a) The Board must approve or reject plans and specifications submitted for proposed construction or alteration based on:
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(1) Aesthetic aspects of design, scale, character, placement, landscaping, color, finish, materials, and harmony with existing and neighboring structures; and (2) Overall benefit or detriment to the Property and the area immediately surrounding the Unit involved.
(3) Conformance with applicable requirements, including this Declaration and conditions of approval for the Project.
(b) The Board is not responsible for approval of plans from the standpoint of structural safety or conformance with building codes.
7.06 Rules and Regulations
The Board may adopt, amend and repeal reasonable Rules and Regulations to implement the provisions hereof.
7.07 Solar Energy Systems
(a) Except for any Solar Energy Systems originally installed by Declarant, no Solar Energy System may be installed on a Unit unless and until (i) the Owner provides the Association and each of the Owner's neighbors who may be affected by the installation of the Solar Energy System with the notice set forth in California Public Resources Code Section 25982.1, and (ii) the Solar Energy System has been approved in writing in accordance with the design review provisions governed by this Declaration, including guidelines and operating rules adopted by the Board of Directors. Owner seeking approval of a Solar install shall submit to the Association detailed drawings and specification and related scope of work setting forth the location of the installation, the method and manner of attachment to the roof and method of maintaining the roof waterproofing system without increased expense or risk of failure. A Solar Energy System that is proposed to be installed on a Unit must meet all applicable requirements of California Civil Code Section 714(c) and California Public Resources Code Section 25981(d). Each Owner shall be responsible for the maintenance and costs of the Solar Energy System that benefits their Unit.
(b) Solar Requirements for Owners. For purposes of this Section, the work involved in operating, upgrading, removing, re-installing or replacing a Solar Energy System shall be referred to as "Solar Install Work." The work involved in the ongoing maintenance and repair of the Solar Energy System shall be referred to as "Solar Maintenance Work." The Solar Install Work and Solar Maintenance Work are referred to collectively herein as "Solar Work."
(c) Approval of Solar Energy Systems. The installation of a Solar Energy System or upgrade to a Solar Energy System shall require the prior written approval of the Association. Reasonable restrictions on the installation of a Solar Energy System may be adopted and applied, so long as the restrictions do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance as provided under California law. A Solar Energy System shall be appropriately certified and comply with the requirements for such systems as set forth in the Solar Rights Act (California Civil Code Section 714, as may be amended from time to time). The criteria for approval of the installation of a Solar Energy System may implement relevant provisions of the Solar Rights Act and the Solar Shade Control Act (California Public Resources Code Sections 25980 to 25986, as may be amended from time VII-3
to time) and the provisions of this Section, but shall not otherwise be any more restrictive or subject to more scrutiny than those for any other improvement.
Any restrictions, design guidelines or Association Rules applied to Solar Energy Systems must comply with the Solar Rights Act and the Solar Shade Control Act. The Association shall have no obligation to determine compliance with the Solar Rights Act or Solar Shade Control Act or to consider the impact of landscape, present or future, on Units adjacent to a Solar Energy System and shall have no liability to any person for not considering any potential landscape impacts or compliance with the Solar Shade Control Act or compliance with the Solar Rights Act.
(d) Solar Contractors. Solar Work shall be performed by an actively licensed, bonded and adequately insured contractor who is trained and certified to perform Solar Work on the type of roof-mounted Solar Energy System subject to the Solar Work ("Solar Contractor") and shall at all times while performing any Solar Work maintain insurance as required below. The Association shall have the right to impose additional requirements on a Solar Contractor in order to assure that any Solar Work will be performed in a safe manner in compliance with all applicable laws. The Association shall be entitled to require proof of adequate broad form completed operations liability insurance coverage without limitation for work on multifamily dwelling such as condominiums or planned developments, including being named an additional insured on the policy as to third party claims. (e) Liens. Owners shall not suffer or permit to be enforced against the Association, or any part thereof, or any Association member, any mechanics', materialmen's, contractors' or subcontractors' liens, claims or demands arising from the activities of the Owner or his/her agents on the Association. If any such lien, claim or demand occurs, the responsible Owner shall obtain and record the bond provided for in the California Civil Code, or any comparable statute hereafter enacted, in order to effect the removal of such lien, claim, demand or action within ten (10) business days after the filing of such lien, claim or demand; provided that the Owner shall have the right to contest in good faith any such lien, claim, demand or action. The Association reserves the right to post and maintain on the Project such notices as may be necessary to protect Association against liability for all such liens, claims and demands. (f) Fixture Filings. Any fixture filings made by the Owner's Solar Contractor shall be recorded against the Owner's Unit only and shall not encumber other Units within the Project or any Common Area. (g) Payment of Claims. In addition to Association's other rights and remedies under this Declaration, should any Owner fail within ten (10) business days of a written request from Association to pay and discharge any lien or claim arising out of the Owner's or Owner's Solar Contractor's use of a Common Area or to have bonded around such liens or claims as provided above in this Agreement, then the Association may, at its option, pay any such lien, claim, demand, injury or damages, or settle or discharge any action or satisfy any judgment, and all associated costs, expenses and other sums incurred by Association shall be paid by the Owner to the Association upon written demand, together with interest at the rate of ten percent (10%) per annum. After notice and a hearing, the Association shall have the authority to assess a reimbursement assessment against the Owner which may be enforced by any remedy available under the Governing Documents, including lien foreclosure of the Owner’s Unit.
(h) Insurance. As a condition to performance of the Solar Work, Owners shall provide proof of appropriate limits of broad form liability with completed operations insurance by the Owner and by the Solar Contractor in accordance with the requirements set forth in the Association Rules. (i) Insurance of the Solar Energy System. All Owners acknowledge that the Association will not maintain any property insurance on any Owner-installed Solar Energy System under the Association’s master VII-4
property insurance policy. It is the Owner’s responsibility to maintain property insurance for the Solar Energy System.
(j) Roof Warranty. Owners shall be personally liable for any repair or replacement costs incurred by the Association to any element of the Common Area or Units, or repair or replacement costs which result from the voiding or otherwise limiting of a common area roof warranty directly or indirectly related to Owner's Solar Install Work. Association may condition approval of the Solar Install Work on confirmation that any applicable roof warranty will not be impaired or voided by the Solar Install or alternatively, that Owner shall assume financial responsibility for repairs or warranty work on the roof area upon which the Solar Install is located.
(k) Performance of the Work. Improper performance of the Solar Work could cause damage to structures, posing a potential safety hazard to other owners and personal property. Owners shall cause the Solar Install Work to be performed in a safe, good and workmanlike manner which will minimize interference with other Owners in the Project and in accordance with industry standards, the manufacturer's plans, specifications and requirements, the Owner's application for architectural approval, this Declaration and applicable laws. No changes in plans and specifications shall be made without the Association’s prior written approval. Owners shall obtain and pay for all permits, licenses and City or other inspections made necessary by the Solar Install Work and agree to comply with all applicable City ordinances, building and safety codes and manufacturer's instructions. (l) Notice to the Association. Owners shall provide at least fifteen (15) days’ written notice to the Association prior to starting Solar Install Work.
(m) Owner Responsibility for Damages. Each Owner assumes full financial responsibility for any damage resulting to persons or to the Common Area, Owner’s Unit, other Units, roof of the building or property owned by the Association or other persons caused by the Solar Work, including without limitation, damage to the structural integrity, watertight properties, durability, load capacity, roof maintenance expenses or useful life of the roof of the building. Each Owner is liable for any personal injury or damage occurring to the roof, Common Area, or other property owned by the Association arising from the Solar Work. If the Solar Energy System is removed, the Owner shall engage a competent, licensed and insured contractor to restore the affected area of the roof and any other affected locations, if any, to their original condition or alternatively, agree to reimburse the Association for all costs related to restoration of these areas by the Association’s contractor. (n) Indemnification. To the fullest extent permitted under California law, each Owner shall indemnify, protect, defend (including payment of attorney’s fees of counsel of indemnitee’s choosing) and hold the Association and all other Owners of Units located within the Project, and their respective successors and assigns, and its officers, directors, successors and assigns, the management company for the Association and the Declarant entirely free and harmless from and against any and all claims, costs, expenses, liabilities, actions and damages, including without limitation, attorneys' fees and costs and costs of enforcing this indemnification (collectively, "Claims") arising from or attributable to any acts or omissions of Owner, the Solar Contractor, or any of their respective heirs, personal representatives, successors, assigns, officers, agents, employees, subcontractors, or material suppliers arising out of or based upon Solar Work or the Solar Install Work. This indemnity does not include any Claims to the extent they arise out of the gross negligence or willful misconduct of the Association. (o) Maintenance. Owners shall be responsible for any Solar Maintenance Work performed by Owner or Owner’s contractors as provided herein. Only Solar Contractors that have been approved by the Association shall be permitted access to the roof for the purposes of performing Solar Maintenance VII-5
Work. Each Owner is responsible for keeping their Solar Energy System in good working order and condition. Owners shall use an approved service provider to inspect the Owner's Solar Energy System as reasonably necessary, and not less than annually, to ensure their Solar Energy System is functioning properly and not causing damage to any portion of the roof or related Common Area components on the affected building. The Association shall have the right, but not the obligation, to oversee any Solar Maintenance Work to be completed on behalf of an Owner to ensure that the roof of the affected building is not damaged. Owner shall provide to Association an annual maintenance inspection report from Owner’s Solar Contractor confirming the condition of the system and roof affected thereby. Each Owner takes full financial responsibility for and releases the Association from any liability for damage to persons or personal property within the Owner’s Unit and the other Units in the affected building resulting from any Solar Maintenance Work including, without limitation, water intrusion through, around or under the Solar Energy System.
(p) Failure to Maintain Solar Energy System. If the Association determines that an Owner has failed or neglected to adequately maintain or repair the Solar Energy System, upon seven (7) days’ prior written notice by Association to the Owner, Association shall have the right to maintain, repair or remove the Solar Energy System due to an Owner’s failure to maintain the Solar Energy System and to charge that Owner for all expenses incurred, which may be added to that Owner’s account as a special assessment as provided in this Declaration after notice and a hearing required by California law. If the Association determines that a dangerous condition exists or there is a threat to the safety of community residents caused by the Solar Energy System, the Association may remedy the condition without prior written notice to the Owner and pursue reimbursement as provided above. (q) Association Roof Work. Each Owner agrees that performance of the Solar Work shall not interfere with the Association's maintenance, repair or replacement of the roof on the affected building ("Roof Work").
If the Association has to perform Roof Work, each Owner shall cooperate with the Association to timely remove any Solar Energy System located in the Roof Work area, at the Owner's expense, as provided below. Except in cases of emergency where reasonable notice will not be provided, the Association shall give Owners at least seven (7) days’ prior written notice of its intent to have Roof Work performed, the location of the Solar Energy System that will be affected by the Roof Work, and a deadline by which Owners are required to remove the affected Solar Energy System. If any Owner fails to remove the Solar Energy System by the deadline stated in the Association's notice, then the Association shall have the right to employ a contractor experienced with solar energy systems to remove the Solar Energy System from the areas where the Roof Work will be performed, in which case the Association shall not be responsible for any loss or damage caused to such Solar Energy System during or after such removal, unless the Association commits gross negligence or willful misconduct in connection with such removal. If the Association removes the Owner's Solar Energy System, the Association shall charge the Owner for all expenses incurred for the removal, which may be added to the Owner's account as a special assessment after notice and hearing. After the Association's Roof Work is completed, the Owner may have the Solar Energy System re-installed by an approved Solar Contractor within ten (10) days of receipt of written notice from the Association that such Roof Work is complete. Each Owner shall be responsible for all costs for removal and reinstallation of their respective Solar Energy System in connection with any Roof Work.
(r) Damage and Destruction. In the event of any damage or destruction to the affected building, and as a result, the affected building is not rebuilt or repaired, the Association shall not have any liability or obligations to any Owner with regard to a Solar Energy System. If the affected building is rebuilt, Owners’ right to access the roof to reinstall their Solar Energy System shall be suspended until such time as the affected building is complete and the Association authorizes the reinstallation.
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(s) Notice to Prospective Buyers. Each Owner shall disclose in writing to prospective buyers the existence of any Solar Energy System and the related responsibilities of the Owner under the Governing Documents. The Association may require Owners to execute a covenant for recordation which expressly acknowledges all conditions and obligations for the Solar Energy System under the Declaration and shall bind successors and assigns of Owners. (t) Safety. Because the Association has a legitimate safety interest in preventing personal injury or property damage occurring due to improper or unsafe Solar Work, each Owner must follow the safety guidelines. The Solar Work shall be performed in a manner that complies with all applicable codes, safety ordinances, city and state laws and regulations, and manufacturer's instructions. (u) If an Owner must obtain a permit in compliance with a valid safety law or ordinance, then the Owner shall provide a copy of that permit to the Association before installation. The purpose of this requirement is to ensure that after the Solar Work is performed, the Solar Energy System is safely and securely fastened to the roof, and to minimize the possibility of detachment and resulting personal injury or property damage.
(v) Interruption of Service. Each Owner agrees that the Association shall not be liable for any interruption in service or for interference with the Solar Energy System when the Association maintains, repairs or replaces roof or other portions of the building.
(w) Non-Applicability to Declarant. The provisions of this Section 7.07 shall not apply to Declarant and nothing contained herein shall be deemed to require Association approval of any Solar Install Work performed by or at the request of Declarant in connection with the sale of a Unit to a first purchaser.
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ARTICLE VIII
MORTGAGEE PROTECTION
Article VIII provides certain protections to holders of the First Mortgage on any Unit, in order to make it easier for Owners to obtain purchase money loans or refinancing.
8.01 Subordination of Lien and Foreclosure
(a) Any lien for Regular or Special Assessments created or claimed in this Declaration:
(1) Is subject and subordinate to the rights of any First Mortgage that encumbers any part of the Property made for value in good faith; and
(2) May not in any way impair or invalidate the obligation or priority of a First Mortgage unless expressly subordinated in writing by the Mortgagee. The signing of any Mortgagee to any subordination by lienholder included in this Declaration shall not constitute said lienholder's subordination to any future Assessment lien. (3) The provisions of this paragraph (a) do not preclude other mortgage protections provided by California law.
(b) No breach of any provision of Declaration, nor the enforcement of any of its lien provisions, nor the Foreclosure of any lien created by or claimed under this Declaration, shall invalidate, affect or impair the lien of any Mortgage made in good faith and for value; but all of the covenants, conditions and restrictions shall be binding on any Owner whose title is derived through Foreclosure sale, Trustee's sale, or otherwise.
(c) Upon Foreclosure of a First Mortgage, the purchaser:
(1) Will take the Condominium title free of any Assessment lien accrued up to the time of the Foreclosure sale, except that in the event the net sale proceeds exceed what is owed on all encumbrances prior to the Assessment lien, the Association shall be entitled to receive payment on any Assessment lien; and
(2) Is only obligated to pay Assessments or other Association charges accruing after the title to the Condominium is acquired.
(d) Any First Mortgagee who obtains title to a Condominium by a deed in lieu of Foreclosure shall not be liable for more than six (6) months of the Condominium’s unpaid Regular Assessments or charges accrued before acquisition of the title to said Condominium by the Mortgagee.
8.02 Mortgagees Are Not Required to Cure Certain Breaches A First Mortgagee who acquires title by Foreclosure or by a deed in lieu of Foreclosure or assignment in lieu of Foreclosure shall not be obligated to cure an existing breach of this Declaration that is noncurable or of a type that is not practical or feasible to cure.
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8.03 Effect of Breach of Declaration
(a) Breach of this Declaration may not:
(1) Cause any forfeiture or reversion of title; or
(2) Create any right of re-entry other than as provided for in this Declaration. (b) Breach of this Declaration may be enjoined or abated by court action by the Association, Declarant, or any Owner, and damages may also be awarded provided that:
(1) The violation does not impair or invalidate the Mortgage lien or Deed of Trust made for value in good faith; and
(2) This Declaration binds any Owner whose title is derived through Foreclosure, Trustee's sale or otherwise.
8.04 Exemption From Right of First Refusal
(a) Any right of first refusal or option to purchase a Condominium that may be granted to the Association or other party may not impair the rights of a First Mortgagee to do any of the following:
(1) Foreclose or take title to a Condominium, pursuant to the remedies provided in the Mortgage;
(2) Accept a deed (or assignment) in lieu of Foreclosure in the event of default under the Mortgage; or
(3) Sell or lease a Condominium acquired by the Mortgagee. (b) No right of first refusal or similar restriction may be placed on an Owner's right to sell, transfer, or otherwise convey a Condominium, unless the Mortgagee, if any, grants written consent for the restriction.
8.05 Restrictions on Certain Changes
(a) Except as provided by statute in case of condemnation or substantial loss to the Property, at least sixtyseven percent (67%) of Owners and at least fifty-one percent (51%) of the votes of Eligible First Mortgagees (based on one vote per Condominium for each Eligible First Mortgage held) must give written approval before the Association may do any of the following:
(1) Alter the method of determining Assessments or other charges levied against an Owner. (2) Change, waive or abandon any regulations or enforcement pertaining to the architectural design, the exterior appearance or the maintenance of the Units or the Common Area.
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(3) Fail to maintain Fire and Extended Coverage on insurable Common Area as specified in this Declaration.
(4) Amend the Governing Documents concerning any material provision, including but not limited to the following:
(A) Voting rights;
(B) Reductions in reserves for maintenance, repair, or replacement of the Common Area Improvements;
(C) Responsibility for maintenance and repairs;
(D) Reallocation of interests in the Common Area or Exclusive Use Common Area or rights to their use;
(E) Redefinition of any Unit boundary;
(F) Convertibility of Units into Common Area or Common Area into Units; (G) Expansion or contraction of the Project or the addition, annexation, or withdrawal of property to or from the Project;
(H) Hazard or fidelity insurance requirements;
(I) Imposition of any restrictions on the leasing of Units except as provided herein; (J) Imposition of any restrictions on a Unit Owner's right to sell or transfer his or her Unit;
(K) Restoration or repair of the Project (after damage or partial condemnation) in a manner other than that specified in this Declaration;
(L) Any provisions that expressly benefit Mortgagees, insurers, or guarantors; or (M) Any action to terminate the legal status of the Project after substantial destruction or condemnation occurs.
(b) Except as provided by statute in case of condemnation or substantial loss to the Property, at least sixtyseven percent (67%) of the votes of the First Mortgagees (based on one vote per Unit for each Eligible First Mortgage held), in addition to the vote required from Owners, must give written approval before the Association may, by act or omission, do any of the following:
(1) Abandon, partition, subdivide, encumber, sell or transfer any portion of a Unit or Common Area (other than granting easements as specified in this Declaration); (2) Partition or subdivide any Unit;
(3) Seek to abandon or terminate the legal status of the Property; VIII-4
(4) Use hazard insurance proceeds for losses to the Property (Unit or Common Area) for other than repair, replacement or reconstruction of the Property; (5) Change the pro rata interest or obligation of any Unit for the purpose of: (i) levying Assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (ii) determining the pro rata share of each Owner in the Common Area, provided that no Owner's undivided interest in the Common Area may be changed without the consent of that Owner;
(6) Change or alter the priority of any liens created by or claimed under this Declaration; (7) Modify or amend any provisions that are for the express benefit of First Mortgagees, insurers or governmental guarantors of First Mortgages;
(8) Modify or amend any provisions of this Declaration regarding insurance; (9) Modify or amend any provisions of this Declaration which is a requirement of the FHA, VA, GNMA, FHLMC or FNMA.
(c) An Eligible First Mortgagee's approval will be considered granted if a negative response is not delivered to the Board within sixty (60) days after the Eligible First Mortgagee receives written notice of the proposed action, provided the notice was delivered by certified or registered mail, with a return receipt requested.
(d) Any addition or amendment to the Declaration or Bylaws shall not be considered material if it is for the purpose of correcting technical errors, or for clarification only.
8.06 Inspection of Association Books and Records
Any First Mortgagee has the right to examine the books and records of the Association during business hours and after notice to the Association. Any First Mortgagee shall be entitled, upon written request, to have an audited financial statement for the immediately preceding year, free of charge to the party so requesting.
8.07 Condemnation Awards and Insurance Proceeds
Condemnation awards or insurance proceeds for losses to or taking of Units or Common Areas shall be distributed to the Owners in proportion to the fair market value of their Unit, provided that if at the time of distribution there is a Mortgage on any individual Unit, the balance of such Mortgage (in order of priority) shall first be paid before the distribution of any awards or proceeds to the Owner whose Unit is mortgaged. Any provision to the contrary in this Declaration, the Bylaws, or other Governing Documents is to such extent void.
8.08 Loss Payable Endorsement
All applicable fire, physical loss or extended coverage insurance policies must contain loss payable clauses naming the Mortgagees who encumber the Condominiums.
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8.09 Mortgagee's Right to Attend Meetings
Any Mortgagee may appear at Association and Board meetings, but is not eligible to vote except as provided in Section 8.05.
8.10 Payments by Mortgagees
(a) First Mortgagees may pay the following jointly or severally:
(1) Taxes or other charges in default which may be a charge against any part of the Common Area; and
(2) Overdue premiums on hazard insurance policies, or to secure new hazard insurance coverage on the lapse of a policy for the Common Area.
(b) Upon such payments, the Association:
(1) Owes immediate reimbursement to First Mortgagees making such payments; and (2) Must, upon Mortgagee's request, execute an agreement that reflects the First Mortgagees' entitlement to such reimbursement.
8.11 Notices to Mortgagees
(a) Each Eligible First Mortgagee is entitled to timely written notice of:
(1) Any condemnation or casualty loss that affects a material portion of the Project or the Unit securing its Mortgage;
(2) Any sixty-day delinquency in the payment of Assessments or charges owed by the Owner of any Unit on which it holds the Mortgage or any other breach or default under the Governing Documents by the Owner of any Unit on which it holds the Mortgage; (3) A lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; and
(4) Any proposed action that requires the consent of a specified percentage of Eligible First Mortgagees.
(b) To obtain the information above, the Mortgagee, insurer or guarantor must send a written request to the Association, stating both its name and address and the Unit number or address of the Unit for which it has the Mortgage.
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8.12 Loan to Facilitate Resale
Any First Mortgage given to secure a loan to facilitate the resale of a Unit after acquisition by Foreclosure, or by a deed in lieu of Foreclosure or by an assignment in lieu of Foreclosure, shall be deemed to be a loan made for value in good faith and entitled to all of the rights and protections of First Mortgages under this Declaration.
8.13 Control if Mortgagee Protections Conflict With Other Provisions
In the event of any conflict between any of the provisions of this Article and any other provisions of this Declaration or the Governing Documents, whether now or as hereafter amended, the provisions of this Article shall control.
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ARTICLE IX
DESTRUCTION OF IMPROVEMENTS
Article IX concerns restoration or other disposition in the case of damage or destruction of Common Areas.
9.01 Restoration of the Property
In case of casualty damage to Common Area Improvements, the Association will repair and substantially restore the Common Area Improvements in accordance with the original as-built plans and specifications, modified as may be required by applicable building codes and regulations in force at the time of such repair or reconstruction:
(a) If insurance proceeds cover at least eighty-five percent (85%) of repair costs, the Association will repair the damage and levy a reconstruction Assessment equally against the Owners to make up the balance of repair costs not covered by the insurance (according to the Article "Covenant for Assessments"). (b) If insurance proceeds cover less than eighty-five percent (85%) of repair costs, the Association will repair the damage and levy a reconstruction Assessment equally against the Owners for the balance of the repair costs not covered by the insurance, unless a majority of the Owners (other than Declarant) determine either:
(1) To rebuild in a less expensive manner than substantial replacement, utilizing all available insurance proceeds. The Association will levy a reconstruction Assessment equally against the Owners to raise any rebuilding cost in excess of insurance proceeds; or (2) Not to rebuild. All net insurance proceeds for the damage (after expenses of clearing debris and making the damaged area aesthetically pleasing) are at the Association's discretion to perform its functions according to the Governing Documents or to distribute equally to the Owners (subject to the rights of Mortgagees of record).
(c) If the estimated cost of repair does not exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year, the Board shall cause the repair to occur without the consent of Members irrespective of the available amount of insurance proceeds. The Board is empowered to levy a Special Assessment if necessary as described herein.
(d) If the Owners and Mortgagees determine that restoration costs would be substantial and reconstruction would not be in their best interests, the Owners may proceed as provided in Section 9.03 below.
9.02 Notice to Owners and Listed Mortgagees
Immediately upon learning of any material damage or destruction to the Common Area or any Unit, the Board must notify all Owners, and First Mortgagees, insurers or guarantors of any relevant Mortgagees who have filed a written request for Board notice (see "Mortgagee Protection" Article).
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9.03 Sale of Property and Right to Partition
If the Owners elect not to rebuild, a qualified independent appraiser licensed by the State of California Office of Real Estate Appraisers selected by the Board shall determine the relative fair market values of all Condominiums as of a date immediately prior to any damage or destruction and the proceeds of insurance shall be apportioned among all Owners, and their respective Mortgagees, in proportion to such values.
9.04 Damage to Dwellings
(a) The repair or reconstruction of any damaged Units shall commence as soon as reasonably practicable after the occurrence of such damage or destruction and shall be completed as quickly as is reasonably practicable after commencement of reconstruction, subject to delays that are beyond the control of the party responsible for making the repairs.
(b) If an Owner is required to make any repair, or if an Owner desires to rebuild any Improvement or install any fixture or equipment, which will affect or involve any interior bearing wall or other portion of the Common Area, the prior written approval of the Board must be obtained. (c) Notwithstanding the foregoing, the Owner must immediately take reasonable steps as required to secure any hazardous conditions resulting from the damage or destruction and to screen any unsightly views resulting from the damage or destruction.
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ARTICLE X
CONDEMNATION
Article X concerns condemnation of Common Areas by a governmental entity.
10.01 Representation by the Board in Condemnation Proceedings (a) If any portion of a Common Area is to be condemned or sold by eminent domain, the Board (or its delegation) will:
(1) Represent Owners in the proceedings;
(2) Immediately give notice of the condemnation threat to all Mortgagee, insurers and guarantors of First Mortgages who have filed written requests for notices; and (3) Be entitled to make a voluntary sale to the condemner in lieu of engaging in a condemnation action.
(b) Any award received shall be paid to the Association on behalf of the Owners, including Declarant, if Declarant still owns any Condominium.
(c) If only part of a Common Area is affected, the rules regarding restoration and replacement of the Common Area and Improvements apply as if in the case of destruction. (d) If any of the net condemnation award is not used to restore the remaining Common Area, the Association will handle the award in accordance with the Article entitled, "Damage and Destruction to Improvements."
10.02 Distribution of Award
(a) In case of condemnation or sale by eminent domain, the Board must distribute any award according to these provisions (after deducting fees and expenses related to the condemnation proceedings). (b) Any award must first be distributed to the Owners in proportion to the fair market value of their Condominium, provided that if at the time of distribution there is a Mortgage on any individual Condominium, the balance of such Mortgage (in order of priority) shall first be paid before the distribution of any awards or proceeds to the Owner whose Condominium is mortgaged. (c) If a condemnation judgment apportions the award among the Owners and Mortgagees, the Board will distribute the remaining amount (after deductions above) according to the terms of the judgment allocation.
(d) If by sale under threat of condemnation (or if the judgment of condemnation fails to apportion the award), the Board will distribute the award based upon relative values of the affected Condominiums as determined by a qualified independent appraiser licensed by the State of California Office of Real Estate Appraisers that is selected by the Board.
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ARTICLE XI
COVENANT AGAINST PARTITION AND RESTRCTION ON
SEVERABILITY OF CONDOMINIUM COMPONENT INTEREST
Article XI governs partition of the Property.
11.01 No Partition; Exceptions
(a) An Owner may not bring an action for partition of the Common Area by sale except as provided in California Civil Code Section 4610.
(b) These provisions do not prevent a judicial partition between co-tenants of a Condominium.
11.02 No Separate Conveyance of Condominium Components
(a) An Owner may not sever, sell, convey or encumber a Condominium's component interests, such as the undivided interest in the Common Area from the Unit.
(b) The provisions of this Section terminate when a partition is decreed, either judicial or in accordance with this Article.
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ARTICLE XII
EASEMENTS
Article XII addresses easements within the property.
12.01 Creation of Easements
The easements reserved in this Declaration are created upon the First Close of Escrow in the Project.
12.02 Reservation of Easements for Declarant's Construction and Marketing Activities (a) So long as Declarant owns any Condominium, it shall have an easement over the Common Areas for:
(1) Constructing, erecting, completing, and maintaining Improvements for the development of the Project;
(2) Sales and promotional activities, including the use of a Unit or Units as models, a sales office and).
(3) The installation, maintenance, and repair of the Service Lines and Facilities.
(b) The easements reserved to Declarant shall not unreasonably interfere with the use and enjoyment by the Owners of the Property.
12.03 Certain Easements for Association
(a) The Association has, and may grant, non-exclusive easements and rights of way for ingress, egress, and access to all portions of the Property as reasonably required to perform its maintenance obligations and other duties established in this Declaration.
(b) Further, the Association is granted utility and drainage easements provided to maintain the health, safety, convenience, and enjoyment of the Units and Common Area. (c) Declarant hereby reserves for the benefit of the Association the right to grant additional easements and rights-of-way over the Property to utility companies and public agencies, as necessary, for the proper development and sale of the Property.
(d) The Association shall have the right and power to grant and convey to any third party, easements, and rights of way in, on, over, or under the Units and the Common Area for the purpose of construction, erection, maintenance, repair, replacement, removal, and inspection of present and future utilities, including, but not limited to, pipelines, sewer, water and gas lines, drain pipes, utility and telephone lines, meters and related facilities, lines, cables, wires, or other conduits or devices for water, gas or cable television, electricity, power, telephone, and other purposes and any other similar public or quasipublic improvements or facilities.
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(e) The Association shall have the right and power to grant easements over the Common Area to the extent required by a Solar Energy System provider. The terms and conditions of the easement shall be memorialized in an easement agreement to be recorded and run with the land.
12.04 Easements for Owners
(a) Declarant grants non-exclusive easements for enjoyment, ingress, egress, pedestrian walkway, and general recreation purposes over and upon all portions of the Common Area (except Exclusive Use Common Areas) to all Owners, subject to other provisions of the Governing Documents. (b) Owner rights and duties with respect to Service Lines and Facilities (i.e. drainage facilities, sanitary sewer, water, electricity, gas, telephone, cable television, security system lines, meters, wires, ducts, flues, pumps, boilers, pipes, conduits, data lines, flues, and other similar lines and facilities are as follows:
Easements for Service Lines and Facilities in Units or Common Area is granted in favor of the Owner of a Unit or Association served by said Service Lines and Facilities to the full extent necessary for the use, maintenance and repair by the Owner, Association, or servicing company; If Service Lines and Facilities are located within a Unit other than the Unit served by those Service Lines and Facilities, the Owner of any Unit served by those Service Lines and Facilities shall have the right of reasonable access for themselves or for utility companies to repair, replace, and generally maintain those Service Lines and Facilities.
12.05 Drainage Easements
(a) The Association and each Owner accept the sewer and drainage facilities and pattern for the Units and Common Area established by the final grading of the Property originally undertaken by Declarant (including "cross-unit" drainage from adjacent Units and Common Areas). (b) The established drainage pattern may not be altered without prior written approval by the Association and/or Architectural Committee.
12.06 Encroachment
The existing physical boundaries of Units and its Exclusive Use Common Areas, if any, or of the Common Area, including any possible encroachments, shall be the actual boundaries, rather than any description and/or depiction set forth in this Declaration, the Condominium Plan, or instrument of conveyance.
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ARTICLE XIII
AMENDMENT
Article XIII concerns amendments to the Declaration.
13.01 Amendment
(a) So long as Declarant owns all or any portion of the Property, and subject to the consent of the City and First Mortgagee, if any, Declarant may unilaterally amend this Declaration without the approval of Owners or the Association (subject to the Article entitled "Mortgagee Protection") by recording an instrument of amendment in the relevant County Recorder's Office, except as otherwise specially provided in this Declaration.
(b) After the sale of all Condominiums in the Property, this Declaration may only be amended in the following ways (and subject to City approval and the Article entitled "Mortgagee Protection"): with approval by at least seventy-five percent (75%) of the total voting power and upon the recordation of an instrument signed by two (2) Association officers certifying that the amendment was approved by the required number of Owners.
(c) No amendments to any provisions in this Declaration including, but not limited to, the Article entitled "Enforcement and Dispute Resolution" or other Governing Documents which specifically benefit or otherwise relate to the Declarant as developer, shall be made without the written consent of the Declarant.
(d) Notwithstanding any other portion of this Section, Declarant, even if it does not own a Condominium, may unilaterally amend this Declaration by recording an instrument in writing, signed by Declarant, without the consent of the Board or Association, if the amendment is made to:
(1) conform this Declaration to the requirements of the VA, FHA, FNMA, FHLMC, or any other governmental entity; (2) supplement or amend this Declaration with provisions which pertain to rights and obligations of Declarant, the Association or Owners arising under the Right to Repair Act at Division 2, Part 2, Title 7 (commencing with Section 895) of the California Civil Code; or (3) to correct errors, clerical mistakes, correct any internal inconsistency or inconsistency with any Governing Document, or for clarification of any provision.
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ARTICLE XIV
ENFORCEMENT AND DISPUTE RESOLUTION
Article XIV provides methods for enforcement and for resolving any claims and Disputes between Owners, the Association, and/or Declarant.
14.01 Enforcement of Governing Documents
The Association, and any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges under the provisions of the Governing Documents, including injunctive relief and the right to recover damages.
14.02 Enforcement Between Association and Owner
Any dispute between the Association and an Owner involving their rights, duties, or liabilities under this title, under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code), or under the Governing Documents, shall, as may be required, be submitted to the procedures set forth in California Civil Code Sections 5900, et seq., and 5925, et seq.
This Section shall not be applicable to (a) those governed Disputes between the Association and Owner relating to the imposition or collection of Assessments, or (b) those subject to the Right to Repair Law, or California Civil Code Section 6000, et seq. (the "Calderon Act").
14.03 Failure Not a Waiver
The failure of any Owner, the Board, the Association or its officers or agents to enforce any of the Governing Documents shall not constitute a waiver of the right to enforce the same thereafter. No such failure shall result in or impose any liability upon the Board, or any of its officers or agents. Waiver or attempted waiver of any provision of this Declaration or the Association’s other Governing Documents with respect to any Condominium shall not be deemed a waiver thereof as to any other Condominium, nor shall the violation of any provision hereof or thereof in respect to any Condominium affect the applicability or enforceability of any provision of this Declaration in respect of any other Condominium.
A waiver of any enforcement right shall be only pursuant to an instrument in writing signed by the party to be charged with such waiver and shall be limited to the particular covenants, condition or restriction contained herein which is expressly set forth as being waived in such writing.
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14.04 Discipline for Breach
After Notice and Hearing, the Board may do the following:
(a) Suspend Rights. Suspend an Owner’s right to use the Common Area (other than the right of ingress and egress to the Owner’s Unit): (i) for the period during which any Assessment, including any monetary penalty against such Owner’s Unit, remains unpaid and delinquent, and (ii) for a period not to exceed thirty (30) days, or for as long as the violation continues for any other infraction of this Declaration, the Bylaws or the published Rules and Regulations of the Association committed by any Owner, or such Owner’s guests, servants, family members, tenants or invitees. (b) Impose Monetary Penalties. Impose a monetary penalty on any Owner in such amounts as determined by the Board and as more fully described in a schedule of monetary penalties set forth in the Rules and Regulations adopted and amended by the Board, for the failure to comply with and/or for any violation of the Governing Documents committed by such Owner, or such Owner’s guests, servants, family members, tenants or invitees. The Board shall distribute to the Members, by personal delivery or first class mail, a copy of the schedule of monetary penalties adopted by the Board. Subject to other provisions herein, the Association and the Board shall have the same rights and remedies, including lien, foreclosure, late charge and interest rights, or seeking judicial enforcement for the enforcement and collection of monetary penalties as they have for the enforcement and collection of Assessments and any monetary penalty provided for herein shall be deemed to be a Special Assessment. Any infraction or violation of an ongoing nature shall subject the violating Owner to a continuing monetary penalty which may be assessed on a daily basis until the infraction or violation in question has been remedied. (c) Judicial Relief. Seek judicial relief for the failure to comply with and/or for any violation of the Governing Documents committed by such Owner, or such Owner’s guests, servants, family members, tenants or invitees. In a situation where injury to persons or property is immediately threatened, the Board may seek judicial relief without first complying with the Notice and Hearing provisions herein. (d) Limitation on Enforcement Remedies. Except for the remedies provided in this Section, or as a result of a judgment or decree of a court or a decision arising out of arbitration or mediation or a foreclosure or sale under a power of sale based on the failure of an Owner to pay assessments duly levied by the Association as provided hereinafter, the Association does not have the power or authority to cause a forfeiture or abridgement of an Owner's right to the full use and enjoyment of the Owner's Condominium if the Owner does not comply with provisions of the Governing Documents.
14.05 Notice and Hearing
(a) General Provisions. The Board shall have the right to establish the Rules and Regulations for providing an Owner a hearing for an alleged violation of this Declaration, the Bylaws or the Association’s Rules and Regulations where such Owner may have such Owner’s common area privileges suspended and/or have a monetary penalty imposed. Such Rules or Regulations established and maintained by the Board shall be fair and reasonable, as required pursuant to California Corporations Code section 7341, and shall comply with Civil Code section 5855.
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(b) Procedures. Notice and a hearing regarding monetary penalties, suspension of privileges, and any other disciplinary measures taken under this Declaration or the Association’s other Governing Documents shall be accomplished as follows:
(i) Right to be Heard. The Owner being penalized shall be given an opportunity to be heard, either orally or in writing, at an executive session Board meeting; (ii) Notice. Notice of the hearing shall be given either by personal delivery or first-class mail to the most recent address of the Owner as shown on the Association’s records at least ten (10) days prior to the hearing. The notice shall contain, at a minimum, the date, time and place of the hearing, the nature of the alleged violation, the proposed monetary penalty or sanction, and a statement that the Owner has the right to attend the hearing and to address the Board at the hearing;
(iii) Procedure for Hearing. At the hearing, the Owner so charged shall have the right to be heard by the presentation of oral or written evidence and arguments. If the Owner fails or refuses to attend the hearing, the Board may decide the matter in such Owner’s absence; (iv) Decision of Board. Following the hearing, the Board shall decide whether the Owner shall in fact be penalized or sanctioned or assessed for damages, as applicable; (v) Notice of Decision. Within fifteen (15) days of the hearing, the Board shall notify the Owner of its decision and the reasons therefore, either by personal delivery or first-class mail to the most recent address of the Owner as shown on the Association’s records.
14.06 Remedies Cumulative
Each remedy provided for by this Declaration for breach of any of the covenants, conditions, restrictions, reservations, liens or charges contained herein shall be in addition to any other available remedy, whether provided for by law or in equity, and all of such remedies whether provided for by this Declaration or otherwise shall be cumulative and not exclusive. In addition, except for the nonpayment of any Assessments provided for herein, it is hereby expressly stipulated that the remedy at law to recover damages for the breach or violation of this Declaration and/or the Association’s other Governing Documents is inadequate and that appropriate relief shall be awarded to enjoin any such breach or violation.
14.07 Joint and Several Liability
In the case of joint ownership of a Condominium, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners set forth in or imposed by this Declaration shall be joint and several.
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14.08 Special Provisions Applicable to Resolution of Construction Defect Disputes; Declarant's Election to "Opt In" to Statutory Pre-Litigation Procedures
(a) Notice of Procedures for Actions for Construction Defects. The Property is subject to Title 7 of Part 2 of Division 2 of the California Civil Code (commencing with Section 895) (the "Right to Repair Act"). The procedures established by the Right to Repair Act impact the Owners’ and Association’s legal rights. (b) Declarant has elected to engage in the non-adversarial pre-litigation procedures set forth in Chapter 4 of the Right to Repair Act (California Civil Code §§ 910 through 938, inclusive). If such non-adversarial pre-litigation procedures fail to resolve a Construction Defect dispute governed by the Right to Repair Act, the dispute shall be resolved in accordance with the binding general arbitration procedures set forth herein.
14.09 Resolution of Construction Defect Disputes Against Declarant (a) If a dispute between the Association and Declarant is not resolved despite the proceedings set forth in Civil Code Section 6000, further litigation shall comply with all of the requirements of Section 6150 of the Civil Code.
(b) Upon resolution of a dispute subject to Civil Code Section 6000, the Association shall disclose to its Members all of the matters specified in Section 6100 of the Civil Code. (c) Declarant, and its representatives on the Board of the Association shall have no control over the issue to decide whether to initiate a claim under such statutory provisions. Prior to voting to pursue such a claim, the Board shall inform the Members of alternatives to remedy the deficiencies without litigation and of potential adverse consequences of litigation.
14.10 Submission of All Disputes Involving Declarant, Including Construction Defect Disputes, to Arbitration
AGREEMENT TO ARBITRATE AND WAIVER OF JURY TRIAL
NOTICE: ANY DISPUTE BETWEEN THE ASSOCIATION OR ANY OWNER OR BOTH AND THE
DECLARANT, ARISING OUT OF THE MATTERS INCLUDED IN THIS SECTION ENTITLED "ARBITRATION OF DISPUTES" PROVISION, SHALL BE DECIDED BY NEUTRAL BINDING
ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT AND THE
CALIFORNIA ARBITRATION ACT TO THE EXTENT THE CALIFORNIA ARBITRATION ACT IS NOT INCONSISTENT WITH THE FEDERAL ARBITRATION ACT. THE ASSOCIATION,
OWNER, AND DECLARANT, ARE GIVING UP ANY RIGHTS TO HAVE THE DISPUTE
LITIGATED IN A COURT OR JURY TRIAL AND ARE GIVING UP JUDICIAL RIGHTS TO
DISCOVERY AND APPEAL (UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS SECTION).
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(a) Agreement to Arbitrate. Association, Owner, and Declarant shall resolve any dispute, including, without limitation, a dispute about design, condition, use, physical or bodily injury, or a dispute arising out of development or Construction Defect claims in the design or construction of the Property or Improvements (regardless of whether the claim is based upon common law, statutory law, including any claim covered by Civil Code Section 895 et seq.) not resolved through the above-described mediation procedure, through binding arbitration in the county in which the Property is located. This arbitration provision shall be binding on and enforceable by every Owner, the Association, Declarant, and Declarant Parties. Alternatively, Owner/ Association, Declarant, or Declarant Parties may elect to resolve such disputes through a small claims court proceeding, in which case the party filing the small claims action will have waived the right to any relief in excess of the jurisdiction of the small claims court.
(b) Federal Arbitration Act. As many of the materials and products used in the construction on the Property are manufactured in other states, the development and conveyance of the Property evidence a transaction involving interstate commerce. The Federal Arbitration Act (9 U.S.C. §1, et seq.) and the California Arbitration Act shall govern the interpretation and enforcement of this arbitration provision to the extent the California Arbitration Act is not inconsistent with the Federal Arbitration Act. To the extent any state law, ordinance, or regulation is inconsistent with the rules of the arbitration service under which the arbitration is held, the rules of the arbitration service shall govern the arbitration proceeding.
(c) JAMS. The arbitration shall be conducted by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with the JAMS Comprehensive Arbitration Rules & Procedures ("Rules"). If JAMS is not in existence, then the arbitration shall be conducted by ADR Services, Inc.in accordance with its rules ("Rules"). If there is a conflict between the Rules and the provisions of this Section, the provisions of this Section shall apply.
(d) Advancement of Expenses. All fees charged by the arbitrator and the arbitration provider to initiate the arbitration shall be advanced by Declarant. If Declarant is the prevailing party in the arbitration, the arbitrator may direct Owner/Association, as applicable, to reimburse Declarant for up to fifty percent (50%) of the arbitration fees advanced by Declarant within sixty (60) days after the final arbitration award.
(e) Qualifications of Arbitrator. The arbitrator shall be neutral and impartial and shall be either a retired judge or a member or former member of the California State Bar with at least ten (10) years' experience, with substantial experience in the type of matter in dispute, and with a strong emphasis on the laws governing real estate matters, especially those dealing with residential real estate development and construction. The arbitrator shall not have any relationship to the parties to the dispute or any interest in the Property.
(f) Appointment of Arbitrator. The arbitrator to preside over the dispute shall be selected no later than sixty (60) days after a notice of claim is filed, and may be challenged by any party for bias. (g) Participation by Other Parties. Declarant, Owner, or Association, may, if so chooses, to have all necessary and appropriate parties included as parties to the arbitration to the extent any such party is defending a claim in the arbitration.
(h) Venue. The arbitration shall be conducted in the county where the Property is located unless the parties agree to some other location.
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(i) Time of Commencement. The arbitration process shall commence promptly, within the time provided by the arbitration agreement or by the rules of the arbitration provider. If no such date is provided by the arbitration agreement or rules, then the process shall commence on a date agreed upon by the parties or determined by the arbitrator.
(j) Rules of Law. The arbitrator must follow California substantive law, including statutes of limitations and the provisions of Title 7 of Division 2 of Part 2 of the California Civil Code, sections 895 through 945.5, including all future amendments thereto, but may receive hearsay evidence. (k) Discovery. The parties to the proceeding shall be entitled only to reasonable discovery, of only the following matters: (i) witness lists; (ii) expert witness designations; (iii) expert witness reports; (iv) exhibits; (v) reports of testing or inspections of the property subject to the dispute, including, but not limited to, destructive or invasive testing; (vi) trial briefs. Such parties shall also be entitled to conduct further tests and inspections. Any other discovery provided for in the California Code of Civil Procedure shall be permitted by the arbitrator upon a showing of good cause or based on the mutual agreement of the parties to the proceeding. The arbitrator shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge. (l) Motions. The arbitrator shall have the power to hear and dispose of motions, including motions relating to provisional remedies, demurrers, motions to dismiss, motions for judgment on the pleadings, and summary adjudication motions, in the same manner as a trial court judge. In addition, the arbitrator shall also have the power to adjudicate summarily issues of fact or law including the availability of remedies, whether or not the issue adjudicated could dispose of an entire cause of action or defense.
Notwithstanding the foregoing, if prior to the selection of the arbitrator, as provided herein, any provisional remedies are sought by the parties to the dispute, such relief, may be sought in the Superior Court of the County in which the Project is located. The arbitrator shall have the authority to rule on all post-hearing motions in the same manner as a trial judge. (m) Remedies. The arbitrator is authorized to provide all recognized remedies available in law or equity for any cause of action that is the basis of the proceeding or hearing, except that the award of punitive damages shall be prohibited.
(n) Timely Completion and Award. The arbitration process shall be concluded in a prompt and timely manner, including the issuance of any decision or ruling following the proceeding or hearing. The arbitrator’s award shall contain findings of fact and conclusions of law to the extent required by law if the case were tried to a judge. The decision of the arbitrator shall stand as the decision of the court, and upon filing of the statement of decision with the clerk of the court, judgment may be entered thereon in the same manner as if the dispute had been tried by the court. (o) Attorneys’ Fees and Costs. Each party shall bear its own attorneys’ fees and costs (including expert witness costs) in the arbitration.
(p) Judgment. Upon all of the issues considered by the arbitrator, the arbitrator’s award is binding upon the Parties, and upon filing of the award with the clerk of the court, or with the judge where there is no clerk, judgment may be entered thereon.
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(q) Participation in Judicial Proceeding. The initiation of or participation by any party in any judicial proceeding concerning this arbitration provision or any matter arbitrable hereunder shall not be deemed a waiver of the right to enforce this arbitration provision; notwithstanding any provision of law to the contrary, shall not be asserted or accepted as a reason to delay, to refuse to participate in, or to refuse to enforce this arbitration provision.
(r) Standing. Declarant and Declarant Parties shall have the right to enforce the provisions of this Article regardless of whether Declarant or Declarant Parties hold any right, title, or interest in and to the Property or any portion thereof.
(s) Severability. If any phrase, clause, sentence, section, article, or other portion of this Article shall become illegal, void, or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, void, or against public policy, the remaining portions of this Article shall not be affected thereby and shall remain in force and effect to the fullest extent permissible by law.
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ARTICLE XV
POWER OF ATTORNEY TO DECLARANT
Article XV gives Declarant, as the developer of the Project, the power of attorney to prepare and execute documents which may be necessary by the title insurance company and or any governmental authorities, to complete the development of this Project.
15.01 Power of Attorney to Declarant
(a) Each Owner of a Condominium, by accepting a deed to a Condominium, shall be deemed to have agreed to constitute and irrevocably appointed Declarant, for so long as Declarant owns all or any portion of the Property, as such Owner’s Attorney-in-Fact, for such Owner and each of such Owner’s Mortgagees, optionees, grantees, licensees, trustees, receivers, lessees, tenants, judgment creditors, heirs, legatees, devisees, administrators, executors, legal representatives, successors and assigns, whether voluntary or involuntary, and thereby to have conveyed a power of attorney coupled with an interest to Declarant as his attorney-in-fact in connection with any modification to the development plans for all or any portion of the Property. Each Owner hereby acknowledges and agrees that this irrevocable power of attorney is retained for the benefit of Declarant, and not Owner, and created by Owner's acceptance of a deed to a Condominium and as part of the consideration for the purchase and sale of a Condominium. Based on the foregoing, each Owner further acknowledges and agrees that this irrevocable power of attorney is "coupled with an interest" and, pursuant to Section 2356 of the California Civil Code, may not be terminated by (i) the Owner's revocation of such power of attorney, (ii) Owner's death or (iii) Owner's incapacity to contract. Subject to the limitations and restrictions set forth herein, Declarant shall have the right and power as a duly authorized attorney-in-fact to perform any of the following actions:
(1) To prepare, execute, acknowledge and record any Condominium Plan or amendment to any Condominium Plan for all or any portion of the Property, including without limitation any amendments necessary to cause such Condominium Plan to conform with the Improvements as actually built, which may be required or permitted by any laws, ordinances or rules and regulations of any governing authority having jurisdiction over the Property, or which may be required or permitted by any title insurer, and, in connection therewith, to (1) perform all conditions, undertake any obligations and execute all agreements and documentation required or permitted by any applicable governing authorities and (2) execute, acknowledge and deliver any improvement agreements and bonds, and post deposits securing the performance of any such conditions and obligations;
(2) To prepare, execute, acknowledge and record any map or record of survey affecting the Property required or permitted by the provisions of the California Subdivision Map Act or any other law, ordinances or rules or regulations of any governing authority having jurisdiction over the Property, or which may be required or permitted by any title insurer, and, in connection therewith, to (1) perform all conditions, undertake any obligations and execute all agreements and documentation required or permitted by any applicable governing authorities, (2) appear before any such governing authorities and (3) execute, acknowledge and deliver any improvement agreements and bonds, and post deposits securing the performance of any such conditions and obligations;
XV-2
(3) To prepare, execute, acknowledge and file for approval any application for zoning or setback changes or lot line adjustments, or Condominium Plan amendments, or variance or conditional use permits or any other permits or reports required or permitted by any law, ordinances or rules and regulations of any governing authority having jurisdiction over the Property, or which may be required or permitted by any title insurer, and, in connection therewith, to (1) perform all conditions, undertake any obligations and execute all agreements and documentation required or permitted by any applicable governing authorities and (2) execute, acknowledge and deliver any improvement agreements and bonds, and post deposits securing the performance of any such conditions and obligations; (4) To make applications for any property reports or public reports, or amendments thereto, or exemption from the requirements therefore required or permitted by federal and state statutes or rules and regulations relating to the sale, lease, transfer or other disposition of subdivided lands, and, in connection therewith, to (1) perform all conditions, undertake any obligations and execute all agreements and documentation required or permitted by any applicable governing authorities and (2) execute, acknowledge and deliver any improvement agreements and bonds, and post deposits securing the performance of any such conditions and obligations; (5) To deliver any public reports or property reports, or amendments thereto, obtain receipts and offer and administer rescission rights required by law; (6) To prepare, execute, acknowledge and file for approval any registration or application for any permit, approval, exemption, ruling or entitlement, which registration or application is required or permitted pursuant to any applicable law or regulation in effect as of the date of the recording of this Declaration, and as hereafter enacted or amended by any applicable governing authority, and, in connection therewith, to (1) perform all conditions, undertake any obligations and execute all agreements and documentation required or permitted by such governing authority and by any such laws and regulations, (2) appear before any such governing authority, (3) execute and deliver any improvement agreements and bonds, and post deposits securing the performance of any such conditions and obligations and (4) do all other things now or thereafter permitted or required by any such governing authority and any such laws and regulations;
(7) To prepare, execute, acknowledge and record any deeds, waivers, releases, reconveyances or other documentation which may be permitted or required to clear title to any constructed or unconstructed Units in the Property; and
(8) To do any and all things necessary or desirable under the circumstances to effect and accomplish development of the Property.
(b) The acceptance or creation of any Mortgage or other encumbrance whether or not voluntary, created in good faith, or given for value, shall be deemed to be accepted or created subject to each of the terms and conditions of the Power of Attorney described in this Section.
XVI-1
ARTICLE XVI
MISCELLANEOUS PROVISIONS
Article XVI covers miscellaneous issues not addressed elsewhere in the Declaration.
16.01 Term of Declaration
This Declaration shall be in effect for a term of sixty (60) years from the date of recording. Thereafter, this Declaration shall be automatically extended for successive periods of ten (10) years unless, within six (6) months before the expiration of the term, Owners representing two-thirds (2/3rds) of the Condominiums approve by formal vote, terminating this Declaration, and a document of termination is signed by two Association officers, reciting the vote of Owners to terminate this Declaration, is recorded with the County Recorder.
16.02 Notices
Any approval, disapproval, demand, document or other notice ("Notice") which Declarant, the Association, or any Owner may desire to give to another party must be in writing and may be given either by i) personal delivery; ii) by United States mail which shall be deemed to have been delivered seventy-two (72) hours after a copy of the same has been deposited in the mail, first class or registered, postage prepaid, addressed to the person to be notified; or iii) by any other method provided by Civil Code Section 4050, 4045 and 4050.
16.03 Partial Invalidity
If any term, condition, provision or other portion of this Declaration is declared invalid or in conflict with any relevant law, the validity of the remainder of this Declaration will remain in full force and effect.
16.04 Number
As required by the context of this Declaration, a singular grammatical reference includes the plural application.
16.05 Attorneys' Fees
In the event of any controversy or claim respecting this Declaration, or in connection with the enforcement of this Declaration, the prevailing parties shall be entitled, in addition to all expenses, costs, and damages, to reasonable attorneys' fees incurred after the filing of a lawsuit.
XVI-2
16.06 Disclosures
Declarant does not in any manner guarantee or warrant that the Property will be soundproof or insulated to any particular degree from noise or sound emanating from within or without the Property, including noise or sound emanating from Units, heating, ventilation air conditioning systems, plumbing, Common Area, garages, etc.
16.07 Declarant's Rights After Sale of All Condominiums in the Project For a period of ten (10) years after the close of escrow for the sale of the last Condominium in the Project, in addition to Declarant's rights as an Owner and a Member, Declarant shall have the following rights:
(a) Right to receive copies of the minutes of the meetings of the Board of Directors and meetings of the Members, upon request and payment of the actual costs to copy and distribute such records; and (b) Right to inspect all Common Areas of the Property upon three (3) days' notice to the Association and, within its sole discretion, be entitled to cure any defect, whether or not the Association or any Owner has complained of such defect. During said period, the Board shall use its best efforts to obtain the consent of all Owners, upon three (3) days' notice, to inspection of Units by Declarant for the sole purpose of discovering and repairing structural defects. Refusal by an Owner to allow inspection, or failure of the Board to attempt in good faith to obtain Owner consent for inspection of Units, may be deemed a failure to mitigate damage in the event of a defect as defined in Section 896 of the California Civil Code which could have been avoided through preventive maintenance. The purpose of this right of inspection is to allow Declarant to repair defects at an early stage before substantial damage has occurred. Nothing set forth herein shall obligate Declarant to perform any inspection or repair, nor shall this Section be deemed to increase Declarant's legal obligations to Owner/Association.
16.08 Supremacy of Legislation
The provisions of this Declaration are automatically supplemented and superseded by any City, state or federal enactment, and judicial interpretations of laws, affecting common interest developments. Any reference to a specific Code section in this Declaration is also a reference to future amendments thereof and to any successor statutes. The terms of this Declaration shall be deemed automatically amended to conform to such future changes in Code sections without necessity for recording any such amendment.
16.09 No Enhanced Protection Agreement
In no event shall any of the provisions contained within the Governing Documents, other documentation, representations or warranties provided by Declarant or its agent to Owner be construed, interpreted or understood to be an "enhanced protection agreement" ("EPA") under California Civil Code Section 901 unless Declarant otherwise expressly states that such document, representation, or warranty constitutes an EPA under said section of the Civil Code.
XVI-3
16.10 Changing the Project Marketing Name
The Project shall be marketed under the name Carp Beach Condos. Declarant may, at Declarant's sole discretion, change the marketing name of the Project.
16.11 Conflict Between Declaration and Condominium Plan, and other Governing Documents If there is any conflict between this Declaration and the Condominium Plan, or other Governing Document, this Declaration shall be controlling.
"Declarant"
GERALD J. ZINS JR.AND LISA F. ZINS, TRUSTEES OF THE JERRY AND LISA ZINS FAMILY TRUST DATED FEBRUARY 7, 1994
X X
by: Gerald J. Zins by: Lisa F. Zins
its: Trustee its: Trustee
STATE OF CALIFORNIA )
COUNTY OF ) ss.
On , 202 , before me, , Notary
Public, personally appeared:
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________
(SEAL) Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
EXHIBIT A
PROPERTY
Parcel 1 of Parcel Map No. 25,201, in the City of Carpinteria, County of Santa Barbara, State of California, as per Map filed in Book , Pages and , of Parcel Maps, in the Office of the County Recorder of Santa Barbara.
EXHIBIT B
DESCRIPTION AND MAINTENANCE OF COMMON AREA AND UNIT
The Common Area is the Association’s maintenance responsibility and includes:
• Structural and waterproofing components of the building:
All bearing walls, columns, vertical supports, sub-floors (not including the finished flooring), roofs, foundations, beams, drywall, gypsum board attached to framing on perimeter walls and lightweight concrete or similar over-floor assemblies,
• Partition walls which are bearing walls or are structural aspects • Balcony railings
• Planter walls
• Central heating, central refrigeration, and central air-conditioning equipment Complete screening of mechanical equipment (including heating and air conditioning units) and trash receptacle areas from surrounding properties and enclosure of same within a building or parapet or location of same in a fenced rear yard area.
• Reservoirs, tanks, pumps and other central services, pipes, ducts, flues, chutes, conduits, wires • Sprinkler systems and other utility installations (except outlets located within the airspace of a Unit) • Equipment and mechanical devices of system for security or for announcing visitors to a Unit, even when located within the Unit
• Landscaping
Common Area night lighting, which must be low intensity, low glare design and hooded to direct light down onto the Property and prevent spill-over onto adjacent parcels. • All compressors and control equipment serving the Common Area and more than one Unit as distinguished from those which exclusively serve individual Units.
The Unit is the Owner’s maintenance responsibility and includes:
• Interior finished surface of all the walls, ceilings, doors and floors of the space, including but not limited to paint, wall paper, skim coat plaster, paneling, acoustic ceiling material, tile, hardwood, vinyl or any other material which is attached to the unfinished wall, floor or ceiling assembly • Balconies and patios (the space contained within the interior unfinished surfaces of the perimeter walls, floors, ceilings, windows, window frames; to the extent not part of building waterproofing • Doors and door frames, garages and garage doors, including side entry doors • Exclusive Use Common Area appurtenant to the Unit
• Electrical outlets, conduit, and cable outlets which are physically within the boundaries of the Unit • Plumbing pipes and fixtures to the extent that these items penetrate through the Common Area walls, ceilings and floors into the Condominium airspace
• Plumbing lines, including plumbing pipes which service the bathtub, shower of the Unit, and the shower pan and tub enclosures which are within the Unit • Utility installations, which project from walls (both partition and bearing walls), ceilings or floors into the airspace of the Unit (that the Owner has exclusive use of, including, circuit breakers, fuse boxes, wall heaters, plumbing fixtures and pipes, angle stops, electrical and lighting fixtures including recessed lighting fixtures and boxes, plumbing pipe and connections to the bathroom fixtures which are accessed from available access panels)
• HVAC ducting and electrical conduit and wiring which are enclosed within or outside any framed wall or floor ceiling diaphragm
• Mechanical equipment, such as air conditioning and heating units and hot water heaters and similar mechanical devices which service only a single Unit (maintenance, repair and replacement of these items are the exclusive responsibility of the Owner of the Unit which the mechanical device serves, regardless of where the device is located)
• Glass in windows and sliding glass doors
• Frames of windows and sliders which are not integrated into the waterproofing system of the Common Area building envelope
• Additions and modifications installed by an Owner
• The Owner’s responsibility for maintenance and repair does not include repair or replacement of structural or waterproofing element
EXHIBIT C
BUDGET SUMMARY AND RESERVES WORKSHEET
(PLACEHOLDER FOR CONDOMINIUM MAP RECORDING)
(see attached pages from DRE reviewed Budget)
Attachment D
Conditions of Approval Informational Notice
Zins SFD Demolition & Condominium Triplex Project
Final Map Clearance - Parcel Map No. 25,201
December 9, 2024 City Council Hearing
Resolution No. PC-23-003; Conditions of Approval
Zins SFD Demolition & Condominium Triplex, February 6, 2023
PLANNING COMMISSION HEARING
PROJECT 21-2083-DP/TPM/CDP
4905 EIGHTH STREET (APN 003-311-001)
FEBRUARY 6, 2023
ATTACHMENT A, EXHIBIT 3: CONDITIONS OF APPROVAL
ZINS SFD DEMOLITION & CONDOMINIUM TRIPLEX
The Conditions set forth in this permit affect the title and possession of the real property that is the subject of this permit and shall run with the real property or any portion thereof. All the terms, covenants, conditions and restrictions herein imposed shall be binding upon and inure to the benefit of the owner (applicant, developer), his or her heirs, administrators, executors, successors and assigns. Upon any sale, division or lease of real property, all the conditions of this permit shall apply separately to each portion of the real property and the owner (applicant, developer) and/or possessor of any such portion shall succeed to and be bound by the obligations imposed on the owner (applicant, developer) by this permit.
PROJECT DESCRIPTION
1. This Development Plan, Tentative Parcel Map, and Coastal Development Permit are based upon and limited to compliance with the project description, the hearing exhibits (Attachment A, Exhibit 2 to the staff report dated February 6, 2023) and conditions of approval set forth below. Any deviations from the project description, exhibits or conditions must be reviewed and approved by the City for conformity with this approval. Deviations may require approved changes to the permit and/or further environmental review. Deviations without the above-described approval will constitute a violation of permit approval.
The project description is as follows:
Request for a Development Plan, Tentative Parcel Map, and Coastal Development Permit to allow the demolition of an existing 1,124 square-foot one-story single-family dwelling and the construction of a new two-story 4,717 square-foot condominium triplex with an attached 1,105 square-foot five-car garage, for a total size of 5,822 square-feet. The maximum height of the proposed structure is 24-feet 10-inches above finished grade. The proposed structure would contain: Unit 1.) a 2,303 square-foot two-story four-bedroom unit with a 372 square-foot roof deck, a 266 square-foot covered loggia, and a two-car garage, Unit 2.) a 1,414 square-foot two-story twobedroom unit with a two-car garage, and Unit 3.) a 702 square-foot second story onebedroom unit with an 80 square-foot covered balcony and a one-car garage. One uncovered shared guest parking space would be provided. The garages and the uncovered guest space are proposed to be accessed from Cedar Place. The requested Tentative Parcel Map No. 25,201 would allow the property to be subdivided to create three airspace condominium units with individual private areas and a shared common open space area held by an owner’s association.
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
December 9, 2024
ITEM FOR COUNCIL CONSIDERATION
Annual Report on the Development Impact Fee Program and Update to the Capital Improvement Plan.
STAFF RECOMMENDATION
Adopt Resolution No. 6347, approving and accepting the Annual Report of the Development Impact Fee Program and updating the Capital Improvement Plan.
Sample Motion: I move to adopt Resolution No. 6347, as read by title only.
BACKGROUND
In order to mitigate the impacts on public improvements and facilities due to new development or redevelopment, the City established a Development Impact Fee (DIF) Program.
Program was initially established in 1994 through adoption of City Council Ordinance No. 500, and its regulations reside in Chapter 15.80 of the Carpinteria Municipal Code. DIF Program was established pursuant to the authority granted to cities through the Mitigation Fee Act (Government Code Section 66000 et seq.), also known as Assembly Bill 1600.
Public improvement projects, also known as capital projects, are described Improvement Plan (CIP) and include projects that are entirely or partially necessary due to impacts on public improvements and facilities created by new development. The amount of each DIF is determined based on a nexus study, which the City regularly updates1. The nexus study determines the of each public improvement and facility attributable to new development projects.
The Mitigation Fee Act requires local agencies to comply with specific annual reporting and accounting procedures. The City prepares the DIF Program annual report along with any CIP updates, which are presented at a public hearing. As a part of the annual report, the City Council considers and acts on findings necessary to determine compliance with the Mitigation Fee Act. 1 2023 Development Impact Fee Study Update. City of Carpinteria. 22 November 2023 https://carpinteria.granicus.com/MetaViewer.php?view_id=2&clip_id=1356&meta_id=86943 Annual Report of the Development Impact Fee Program and Updating the Capital Improvement Plan December 9, 2024
The purpose of this agenda matter is for the City Council to consider and adopt Resolution No. 6347, approving and accepting the annual report of the DIF Program and updating the CIP.
DISCUSSION
Annual Reporting of Development Impact Fees
Collection of development impact fees contribute revenue to fund public improvements and facilities of the CIP. The following categories of development impact fees (listed in alphabetical DIF Program:
Aquatics Facilities
General Government Facilities
Highways and Bridges
Open Space
Park and Recreation Facilities
Park Land Acquisition
Parking Facilities
Quimby
Storm Drain Facilities
Streets and Thoroughfares
Traffic Control Facilities
Proposed Resolution No. 6347, as shown in Attachment A
Annual Report on the DIF program. Exhibits to Resolution No. 6347 include the following requisite information:
(A) A brief description of the type of fee in the account or fund. See Exhibit 1 of Resolution No. 6347.
(B) The amount of the fees. See Exhibits 2 and 3 of Resolution No. 6347. (C) The beginning and ending balance of the account or fund. See Exhibit 5 of Resolution No. 6347.
(D) The amount of the fees collected and the interest earned. See Exhibit 5 of Resolution No. 6347.
(E) An identification of each public improvement by which fees were expended and the amount of the expenditures on each improvement funded with fees including the percentage of the total cost of the public improvement that has been expended to date with the fees. Table 1 below identifies capital projects for which development impact fees were spent during Fiscal Year 2023-24 and in previous fiscal years.
Annual Report of the Development Impact Fee Program and Updating the Capital Improvement Plan December 9, 2024
Table 1:
(F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete, per Government Code Section 66001(a)(2).
See Exhibit 4 of Resolution No. 6347.
(G) A description of each inter-fund transfer or loan made from the account or fund including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an inter-fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. No inter-fund transfers were made.
(H) The amounts of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. No refunds or allocations were made.
[Government Code Section 66066(b)]
The Mitigation Fee Act also requires that for the fifth year following the first deposit into a DIF account or fund, and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:
(A) Identify the purpose for which the fee is to be put; (B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged;
Annual Report of the Development Impact Fee Program and Updating the Capital Improvement Plan December 9, 2024
(C) Identify all sources and amounts of funding anticipated to complete financing for incomplete improvements; and
(D) Designate the approximate dates on which the funding referred to in item 3 above is expected to be deposited into the appropriate account or fund. [Government Code Section 66001(d)]
Since many of the DIF categories start at different years, the five-year findings for all DIF categories are presented every year with the annual reporting. The five-year findings are included in the proposed Resolution No. 6347.
Quimby Fees
Quimby fees are collected for the acquisition of parklands through non-commercial residential projects that include subdivisions. Continued increases in the development of dwelling units and mobile home spaces, combined with the resulting increase in population, created a need for expansion of public parks, playgrounds, and recreation facilities in order to serve the population.
Quimby fees are accounted and reported as required by the Quimby Act (Government Code Section 66477 et seq.) and Carpinteria Municipal Code Chapter 16.24 (Park and Recreation Facilities Dedication and Fees). The local agency, to which the land or fees are conveyed or paid, must:
1. Develop a schedule specifying how, when, and where it will use the land or fees or both to develop park and recreational facilities to serve residents of the subdivision; and
2. Commit any fees to approved projects within five years of the date they were collected. [Government Code Section 66477(a)(6)(A)]
Exhibit 4 of the proposed Resolution No. 6347 shows the property acquisition projects to which Quimby fees would be allocated. All future Quimby fees are committed to the property acquisition projects.
Development impact fees including Quimby fees are adjusted automatically on July 1 of each year in accordance with the procedures established in Carpinteria Municipal Code Sections 15.80.050 and 16.24.080, respectively. Exhibit 2 of the proposed Resolution No. 6347 shows the adjusted development impact fees. Exhibit 3 thereof shows the adjusted Parks and Recreational Facilities development impact fees, which is based on the sales report data provided by the Santa Barbara County Assessor s Office [Carpinteria Municipal Code Sections 15.80.050(A) and 16.24.080(C)].
Capital Improvement Plan
The Annual Report also includes adjustments to the cost estimates in the CIP. The adjustments are made using the price index established in Carpinteria Municipal Code Section 15.80.160, in order to ensure the estimated construction costs reflect actual costs, including inflation. The cost estimates are also shown in Exhibit 4 of the proposed Resolution No. 6347. Each cost estimate is based on a project-specific analysis.
Annual Report of the Development Impact Fee Program and Updating the Capital Improvement Plan December 9, 2024
POLICY CONSISTENCY
The reporting is consistent with the Mitigation Fee Act, as codified by Government Code Sections 66000 et seq. and 66477 et seq. and Carpinteria Municipal Code Chapters 15.80 and 16.24.
FINANCIAL CONSIDERATIONS
As of June 30, 2024, the audited Fiscal Year 2023-24 end balances are shown as follows:
GENERAL GOVERNMENT FACILITIES DIF $32,918.66
HIGHWAY & BRIDGES DIF $912,021.30
STORM DRAIN FACILITIES DIF $270,834.49
TRAFFIC CONTROL FACILITIES DIF $221,715.82
STREETS & THOROUGHFARES DIF $112,578.74
PARKING FACILITIES DIF $138,783.52
PARK LAND ACQUISITION DIF1 $44,575.14
PARK & RECREATION FACILITIES DIF $119,066.26
AQUATIC FACILITIES DIF $59,159.32
OPEN SPACE DIF $45,220.53
QUIMBY FEES $305,370.76
TOTAL $2,360,401.12
1. Park Land Acquisition DIF is a carry-over from the previous DIF Program and is no longer collected.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The public hearing notice was published in the Coastal View Newspaper on November 14 and 21, 2024, and is consistent with Government Code Sections 65090, 65094, and 66002.
OPTIONS
1. Adopt Resolution No. 6347, approving and accepting the Annual Report of the Development Impact Fee Program and updating the Capital Improvement Plan. (Staff recommendation).
2. Direct staff to amend Resolution No. 6347, as determined appropriate, and adopt Resolution No. 6347 as amended.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATTACHMENTS
Attachment A: Resolution No. 6347
Annual Report of the Development Impact Fee Program and Updating the Capital Improvement Plan December 9, 2024
Staff contact:
Stephon Downes, Management Analyst
(805) 755-4446; [email protected] Signature
Reviewed by:
John L. Ilasin, Public Works Director
(805) 880-3402; [email protected] Signature
Reviewed by:
Licette Maldonado, Administrative Services Director
(805) 755-4448; [email protected] Signature
Reviewed by:
Michael Ramirez, City Manager
(805) 755-4400; [email protected] Signature
ATTACHMENT A
Resolution No. 6347
RESOLUTION NO. 6347
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA
DEVELOPMENT IMPACT FEE PROGRAM
WHEREAS, on January 24, 1994, the City Council adopted Ordinance No. 500, which established ; and
WHEREAS, by Resolution Nos. 5749 and 5750, adopted September 25, 2017, Development Impact Fee Report and
established a Development Impact Mitigation Fee Schedule for Development within the City of Carpinteria, respectively; and
WHEREAS, on November 27, 2023, via adoption of Resolution No. 6276, the City Council last
; and
WHEREAS, Carpinteria Municipal Code Chapter 15.80 provides for an annual review of the Capital Improvement Plan, and Section 15.80.160 provides for an annual WHEREAS, Carpinteria Municipal Code Chapter
collection of Quimby Act fees collected pursuant to Government Code Sections 66477 et seq.; and
WHEREAS, the documents that collectively reflect the balance in each Development Impact Fee and Quimby fee account, the fee balance, interest, credits, income, and the amount of expenditure by public facility and the amount of refunds required by law.
NOW, THEREFORE BE IT RESOLVED as follows:
SECTION 1.
The foregoing recitals are true and correct and incorporated in this Resolution by this reference.
SECTION 2.
The City Council finds that new development in the City will generate additional demands on public facilities throughout the City, and will contribute to the impact upon public facilities.
Resolution No. 6347
SECTION 3.
The City Council finds that the use to which the fees will be put is construction of public improvements at estimated costs described in the Capital Improvement Plan, and determines that there is a continued need for these improvements and that there is a reasonable relationship between such need and the type of development projects on which the fee is imposed, as such reasonable relationship is described in more detail in SECTION 4.
The City Council finds that the fees expected to be generated by new development will not exceed the costs for construction of public facilities set forth in the Capital Improvement Plan.
SECTION 5.
use and the type of development for which the fees are charged, as these reasonable Program and Capital Improvement Plan.
SECTION 6.
The City Council finds the cost estimates set forth in the Capital Improvement Plan (as amended) are reasonable cost estimates for the public facilities contained in the Capital Improvement Plan, and that the fees expected to be generated by new development will not exceed the costs for construction of the public facilities set forth in the Capital Improvements Plan.
SECTION 7.
The City Council approves the amendment to the
Plan as shown in Exhibit 4.
SECTION 8.
The City Council approves the annual financial report for Development Impact Fees and Quimby Fee for Fiscal Year 2023-2024.
SECTION 9.
The City Council approves and adopts Exhibits 1-5, inclusive, attached hereto, which include the FY 2024-2025 Development Impact Fees and Quimby fees set forth in Exhibits 2 and 3, and commits the Development Impact Fees and Quimby fees reflected in Exhibit 5 dedicated to the public improvement projects contained in Exhibit
4. Resolution No. 6347
SECTION 10.
As to funds on deposit in the General Government Facilities Fund, the City Council finds as follows:
a) The purpose of the General Government Facilities Fund is to Finance the Construction of General Government Facilities as detailed further in Exhibit 4. b) A reasonable relationship between the General Government Facilities updated, demonstrates that the General Government Facilities DIF is assessed General Government Facilities.
c) The sources and amounts of funding for General Government Facilities, Exhibit 4.
d) The approximate dates on which the funding to construct the General Government
expected to be deposited into the General Government Facilities Fund are shown in Exhibit 4.
SECTION 11.
As to funds on deposit in the Highways and Bridges Fund, the City Council finds as follows:
a) The purpose of the Highways and Bridges Fund is to finance the construction of highway interchanges and bridges as detailed further in Exhibit 4. b) A reasonable relationship between the Highways and Bridges Development Fee that the Highways and Bridges DIF is assessed to new development in s interchanges
and bridges.
c) The sources and amounts of funding for Highway and Bridges Facilities, Exhibit 4.
d) The approximate dates on which the funding to construct the Highway and to be deposited into the Highway and Bridges Fund are shown in Exhibit 4.
Resolution No. 6347
SECTION 12.
As to funds on deposit in the Storm Drain Facilities Fund, the City Council finds as follows:
a) The purpose of the Storm Drain Facilities Fund is to finance the construction of storm drains as detailed further in Exhibit 4.
b) A reasonable relationship between the Storm Drain Facilities Fund Development demonstrates that the Storm Drain Facilities DIF is assessed to new drains.
c) The sources and amounts of funding for Storm Drain facilities, identified in the d) The approximate date on which the funding to construct the Storm Drain deposited into the Storm Drain Facilities Fund is shown in Exhibit 4.
SECTION 13.
As to funds on deposit in the Streets & Thoroughfares Fund, the City Council finds as follows:
a) The purpose of the Streets & Thoroughfares Fund is to finance the construction of Streets & Thoroughfares as detailed further in Exhibit 4. b) A reasonable relationship between the Streets & Thoroughfares Development demonstrates that the Streets & Thoroughfares DIF is assessed to new development in proportion to such d
& Thoroughfares.
c) The sources and amounts of funding for Streets & Thoroughfares, identified in d) The approximate dates on which the funding to construct the Streets & be deposited into the Streets & Thoroughfares Fund as shown in Exhibit 4.
SECTION 14.
As to funds on deposit in the Open Space Fund, the City Council finds as follows:
Resolution No. 6347
a) The purpose of the Open Space Fund is to finance the acquisition of Park Open Space acreage as detailed further in Exhibit 4.
b) A reasonable relationship between the Open Space Development Impact Fee that the Open Space DIF is assessed to new development in proportion to such Open Spaces.
c)
Capital Improvement Plan, are identified as shown in Exhibit 4. d) The approximate dates on which the funding to acquire Open Space, identified in Space Fund are as shown in Exhibit 4.
SECTION 15.
As to funds on deposit in the Parking Facilities Fund, the City Council finds as follows:
a) The purpose of the Parking Facilities Fund is to finance the construction of Parking facilities as detailed further in Exhibit 4.
b) A reasonable relationship between the Parking Facilities Development Impact demonstrates that the Parking Facilities DIF is assessed to new development in c)
Capital Improvement Plan, are identified as shown in Exhibit 4. d) The approximate dates on which the funding to construct the Parking facilities, into the Parking Facilities Fund are as shown in Exhibit 4.
SECTION 16.
As to funds on deposit in the Traffic Control Facilities Fund, the City Council finds as follows:
a) The purpose of the Traffic Control Facilities Fund is to finance the construction of Traffic Control equipment as detailed further in Exhibit 4. b) A reasonable relationship between the Traffic Control Facilities Development demonstrates that the Traffic Control Facilities Fund DIF is assessed to new Resolution No. 6347
Control equipment.
c) The sources and amounts of funding for Traffic Control equipment, identified in d) The approximate dates on which the funding to construct the Traffic Control deposited into the Traffic Control Facilities Fund are as shown in Exhibit 4.
SECTION 17.
As to funds on deposit in the Park Land Acquisition Fund, the City Council finds as follows:
a) The purpose of the Park Land Acquisition Fund is to finance the acquisition of land for parks as detailed further in Exhibit 4.
b) A reasonable relationship between the Park Land Acquisition Fee and its Park Land Acquisition Fund DIF is assessed to new development in proportion to Park facilities.
c) The sources and amounts of funding for Parks
Improvement Plan, are identified as shown in Exhibit 4. d) The approximate dates on which the funding to construct the acquisition of Parks
deposited into the Park Land Acquisition Fund as shown in Exhibit 4.
SECTION 18.
As to funds on deposit in the Aquatic Facilities Fund, the City Council finds as follows:
a) The purpose of the Aquatic Facilities Fund is to finance the construction of Park Aquatics facilities as detailed further in Exhibit 4.
b) A reasonable relationship between the Aquatic Facilities Development Impact demonstrates that the Aquatic Facilities Fund DIF is assessed to new Aquatics facilities.
c) The sources and amounts of funding for Aquatic
Capital Improvement Plan, are identified as shown in Exhibit 4.
Resolution No. 6347
d) The approximate dates on which the funding to construct the Aquatic facilities, d to be deposited
into the Aquatic Facilities Fund as shown in Exhibit 4.
SECTION 19.
As to funds on deposit in the Park and Recreation Facilities Fund, the City Council finds as follows:
a) The purpose of the Park and Recreation Facilities Fund is to finance the design and construction for parks as detailed further in Exhibit 4. b) A reasonable relationship between the Park and Recreation Facilities updated, demonstrates that the Park and Recreation Facilities Fund DIF is necessary Park and Recreation Facilities.
c) The sources and amounts of funding for Park and Recreation Facilities, identified d) The approximate dates on which the funding to construct the Park and Recreation Facilities
expected to be deposited into the Park and Recreation Facilities Fund as shown in Exhibit 4.
SECTION 20.
As to funds on deposit in the Quimby Fund, the City Council finds as follows:
a) All the requirements of Government Code section 66477 continue to be satisfied codified in Carpinteria Municipal Code Chapter 16.24.
b) The Quimby fees set forth in Exhibit 3 attached hereto are approved, and all fees reflected in Exhibit 5 are committed to the parks and recreation acquisition projects contained on Exhibit 4.
SECTION 21.
The adoption of this Resolution is not a project under the California Environmental Quality Act because it is the creation of a government funding mechanism that does not involve any commitment to any specific project. (CEQA Guidelines Section 15378(b)(4).)
PASSED, APPROVED AND ADOPTED on December 9, 2024, by the following vote:
Resolution No. 6347
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
________________________
Mayor, City of Carpinteria
ATTEST:
______________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on December 9, 2024.
_____________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
_______________________________
Jena Shoaf Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
ATTACHMENTS:
Exhibit 1 Development Impact Fee Fund Descriptions
Exhibit 2 Development Impact Mitigation Fee Schedule (Exclusive of Parks & Rec Fees)
Exhibit 3 Development Impact Mitigation Fee Schedule (Parks & Rec Fees) Exhibit 4 CIP Summary
Exhibit 5 Development Impact Fees Accounting (Audited)
EXHIBIT 1 TO RESOLUTION NO. 6347
City of Carpinteria
Development Impact Fee Fund Descriptions
2024-2025
Streets & Thoroughfares Fund: Fees collected for the actual and estimated costs to acquire additional right of ways for new public street improvements and to improve the existing street network to accommodate increased traffic demands associated with future development.
Highways and Bridges Fund: Fees collected for the actual and estimated costs to acquire additional right of ways and construct new and/or improved Highway interchanges and bridges to accommodate increased traffic demands associated with future development.
Traffic Control Facilities Fund: Fees collected for the actual and estimated costs for acquiring and installing new traffic control systems and to improve the existing traffic control systems to accommodate increased traffic demands associated with future development.
General Government Facilities Fund: Fees collected for payment of the costs of acquiring and constructing additional public facilities and equipment, and improving existing public facilities to meet demand of future development.
Storm Drain Facilities Fund: Fees collected for the actual and estimated costs of constructing new drainage facilities and to improve the existing drainage facilities to mitigate the drainage impacts associated with future development.
Park Land Acquisition Fund: Fees collected for the payment of the actual or estimated costs of acquiring land for park and recreational purposes. This fee is collected from residential projects that are not associated with a subdivision.
Park and Recreation Facilities Fund: Fees collected for the payment of the actual or estimated costs of designing and constructing parks and recreational facilities on land acquired for park and recreational purposes. This fee is charged to residential projects that are not associated with a subdivision.
Open Space Fund: Fees collected for the payment of the actual or estimated costs of acquiring additional acreage to be reserved as open space or with minimal park improvements designed to protect the greater number of acres. This fee is collected from commercial or industrial projects.
Aquatic Facilities Fund: Fees collected for the payment of the actual or estimated costs of designing and constructing aquatics facilities. This fee is not collected from commercial or industrial projects.
Parking Facilities Fund: Fees collected to finance parking improvements within the Quimby Fund: Fees collected pursuant to Government Code 66477 (Quimby Act) for the acquisition of parklands. These fees are collected on non-commercial residential projects that are associated with subdivisions.
Last Updated 08/21/24
Land Use Streets and
Thoroughfares *
Highway and
Bridges*
Traffic Control
Facilities*
General
Government
Facilities*
Storm Drain Facilities*
Residential
Residential2 0.12 1.64 0.19 0.93 1.73
Nonresidential
Commercial 0.42 5.98 0.69 0.49 1.10
Industrial 0.13 1.82 0.22 0.27 0.79
Resort/Hotel3
159.40 2,277.86 262.79 129.24 -
Land Use Parking Facilities * Residential
fee by category x # of new units = total fee
Downtown "T" $ / parking space
Residential 15,862.06 Commercial/Industrial
Commercial 15,862.06 fee by category x gross sq. ft. = total fee (1) Resolution Nos. 6278 and 6279, approving/adopting the 2023 Development Impact Fee Nexus Study and establishing the Development Impact Mitigation Fee schedule for development within the City of Carpinteria, respectively, adopted and approved by the City Council on December 11, 2023. (2) Accessory dwelling units should be charged storm drain fee when construction of unit increases impervious surface.
No storm drain fee charged if unit created within existing building footprint. (3) All fees except for the storm drain fee are charged per hotel/resort guest room. Storm drain fee charged at the commercial rate per 1,000 square feet. *Annually adjusted persuant to Municpal Code § 15.80.050(B) $ / room
$ / sq. ft.
(Exclusive of Parks and Recreation Fees)
$ / sq. ft.
Exhibit 2 to Resolution No. 6347
CITY OF CARPINTERIA
DEVELOPMENT IMPACT MITIGATION FEE SCHEDULE (1)
2024-2025
Last Updated 08/21/24
Land Use Quimby Fee** Park and Recreation
Facilities Fee*
Aquatic
Facilities Fee* Open Space Fee**
Residential
Residential 6.52 5.49 0.33 -
Nonresidential
Commercial2 - - - 3.47
Industrial - - - 1.90
Resort/Hotel
- - - 911.40
(1) Resolution Nos. 6278 and 6279, approving/adopting the 2023 Development Impact Fee Nexus Study and establishing the Development Impact Mitigation Fee schedule for development within the City of Carpinteria, respectively, adopted and approved by the City Council on December 11, 2023. (2) Residential congregate care facilities are not assumed to create demand for Quimby, Park and Recreation Facilities, and Aquatics Facilities Fees, and are not charged these fees.
* Annually adjusted persuant to Municipal Code §15.80.050(B) ** Annually adjusted persuant to Municipal Code § 15.80.050(A) $ / sq. ft.
$ / room
Exhibit 3 to Resolution No. 6347
CITY OF CARPINTERIA
DEVELOPMENT IMPACT MITIGATION FEE SCHEDULE (1)
2024-2025
(Parks and Recreation Fees)
$ / sq. ft.
EXHIBIT 4 TO RESOLUTION NO. 6347
CITY OF CARPINTERIA
CAPITAL IMPROVEMENT PROGRAM
FY 2022/23 - FY 2026/27
Summary
Project
Code Project Name Total Cost Proposed Fiscal Year
AT-02 Calle Ocho Pedestrian
Undercrossing
To be determined Beyond 2026/27
AT-03 Carpinteria Bluffs Multi-Use Trail
Undercrossing
To be determined Beyond 2026/27
AT-05 Franklin Creek Trail
Improvement
$1,185,131 2022/23
AT-08 Santa Monica Creek Multi-Use
Trail Extension
To be determined Beyond 2026/27
AT-10 Rincon Multi-Use Trail $8,850,764 2022/23
AT-11
Third Street Pedestrian
Improvements
To be determined Beyond 2026/27
AT-14
Holly Avenue Multi-Use Trail
Undercrossing
To be determined Beyond 2026/27
AT-15
Pedestrian Path from Salt Marsh
Park to Linden Avenue
To be determined Beyond 2026/27
AT-16 Franklin Creek Pedestrian Bridge To be determined Beyond 2026/27 AT-20 Via Real Bike Lanes- Bailard
Avenue to Carpinteria Creek $281,097 2022/23
AT-21 Creek Trail Lighting To be determined Beyond 2026/27 AT-22 Downtown Sidewalk Infill $150,780 2024/25
AT-23
Linden Avenue ImprovementsCarpinteria Avenue to Linden Avenue Overcrossing
$401,731 2023/24
Subtotal $10,869,503
The general scope of work includes sidewalk widening, parkways, street trees, curb ramp upgrades in conform with Americans with Disabilities Act (ADA) standards, and Class II Bikeways (Bike Lanes). The objective of this project is to conform with the Bikeways Plan of the Circulation Element of the General Plan and Local Coastal Plan and the SBCAG Regional Active Transportation Plan.
The general scope of work includes extension of existing multi-use trail located on east side of Santa Monica Creek from El Carro Lane to State Route 192. The objective of this project is to connect accessibility.
The general scope of work includes a new multi-use trail between Carpinteria Avenue and Rincon County Park.
The objective of this project is to close one of the gaps in the California Coastal Trail. The California Department of Transportation is required to complete this project per the Conditional Use Permit/Coastal Development Permit of the Highway 101 Linden Avenue and Casitas Pass Road Interchanges and Via Real Extension Project.
The general scope of work includes pedestrian improvements along west side of Third Street from Linden Avenue to Holly Avenue. The objective of this project is to provide accessibility.
The general scope of work includes installing a new multi-use trail undercrossing at the intersection of Holly Avenue and railroad. The objective of this project is to provide for a safe crossing.
The general scope of work includes a pedestrian path from Salt Marsh Park, Ash Avenue, south side of railroad, to Linden Avenue. The objective of this project is to provide accessibility.
The general scope of work includes a new pedestrian bridge over Franklin Creek for Aliso Elementary School.
The objective of this project is to provide a safe route to school.
The general scope of work includes a Class II Bikeway (Bike Lane) along south side of Via Real from Bailard Avenue to Carpinteria Creek. The objective of this project is to provide for an alternative transportation facility.
The general scope of work include lighting along creek trails. The objective of this project is to improve alternative transporation facility visibility.
The general scope of work includes infill of sidewalk in the Downtown district. The objective of this project is to connect accessibility.
Description
ALTERNATIVE TRANSPORTATION - AT
The general scope of work includes a new pedestrian undercrossing at the intersection of Calle Ocho and railroad. The objective of this project is to provide for a safe pedestrian crossing.
The general scope of work includes a new multi-use trail undercrossing at the intersection of the southwest corner of Carpinteria Bluffs and railroad. The objective of this project is to provide for a safe crossing.
The general scope of work includes accessible surfacing, safety fencing, and adjacent accessibility connection improvements along east side Franklin Creek Trail between Carpinteria Avenue and Seventh Street. The objective of this project is to provide for a safe route to school.
EXHIBIT 4 TO RESOLUTION NO. 6347
CITY OF CARPINTERIA
CAPITAL IMPROVEMENT PROGRAM
FY 2022/23 - FY 2026/27
Summary
Project
Code Project Name Proposed Fiscal Year
GF-02 City Hall Campus Improvements $1,669,350 2024/25
GF-03
Emergency Operations
Center/Sheriff's Department
Substation
To be determined Beyond 2026/27
GF-07 Corporation Yard Maintenance
Storage
To be determined Beyond 2026/27
GF-10 Transit Facility Improvements $134,625 2024/25
GF-11 Corporation Yard Maintenance
Building Fire Sprinkler System $210,015 2024/25
GF-12 City Hall Storage $538,500 2023/24
GF-15 Shuttle Electric Port Relocation To be determined Beyond 2026/27 GF-16 City Hall Solar Energy Generation
and Storage
$466,826 2022/23
GF-17 City Hall Campus Expansion $2,154,000 2023/24
GF-18 Carpinteria Library
Improvements
$1,503,061 2023/24
Subtotal $6,676,377
The general scope of work includes new solar energy generation (photovoltaic) and solar energy storage (battery) facilities. The objective of this project is to decrease long-term electric energy costs, provide for selfcontained electric power, enhance resiliency, and decrease greenhouse gas emissions.
The general scope of work includes new parcel acquisition and improvement of adjacent real properties. The objective of this project is to provide for adequate space for public services.
The general scope of work includes building system upgrades. The objective of this project is to upgrade electrical, mechanical, and plumbing systems; and remodeling.
The general scope of work includes citywide transit facility improvements (e.g. bus pad, benches, and shelters).
The objective of this project is to provide accessibility and/or amenities.
The general scope of work includes relocation of the transit shuttle electric charging station from behind City Hall Building to Corporation Yard. The objective of this project is to re-route transit shuttle circulation.
The general scope of work includes a new fire sprinkler system for Corporation Yard Maintenance Building. The objective of this project is to provide for fire protection.
The general scope of work includes a new prefabricated storage building on City Hall campus. The objective of this project is to provide for additional file storage capacity and relocate existing files from storage rental facilities.
GENERAL FACILITIES - GF
The general scope of work includes parking lot sustainable pavement resurfacing, drainage, stormwater quality, and circulation. The objective of this project is to provide for a sustainable and circulation-efficient parking lot.
Description
The general scope of work includes a new Emergency Operations Center/Sheriff's Department substation on the City Hall campus. The objective of this project is to provide for a dedicated Emergency Operations Center/Sheriff's Department substation.
The general scope of work includes a new covered, detached structure with solar panels at the Corporation Yard. The objective of this project is to provide for equipment and materials storage protection.
EXHIBIT 4 TO RESOLUTION NO. 6347
CITY OF CARPINTERIA
CAPITAL IMPROVEMENT PROGRAM
FY 2022/23 - FY 2026/27
Summary
Project
Code Project Name Proposed Fiscal Year
HI-06 Santa Ynez Avenue Overcrossing
Replacement
To be determined Beyond 2026/27
HI-07 Carpinteria Ave Bridge
Replacement- Carpinteria Creek $14,375,162 2024/25
HI-10 Pedestrian Bridges Rehabilitation $149,617 2024/25 Subtotal $14,524,778
Description
HIGHWAY INTERCHANGES AND BRIDGES - HI
The general scope of work includes removal and replacement of Santa Ynez Avenue Overcrossing at U.S.
Highway 101. The objective of this project is to upgrade the overcrossing.
The general scope of work includes removal and replacement of Carpinteria Avenue Bridge over Carpinteria Creek. The objective of this project is to upgrade the bridge.
The general scope of work includes rehabilitation of Eighth Street, Foothill Road, Meadow View Lane, El Carro Lane, Ninth Street, Santa Monica Creek Trail, and Via Real pedestrian bridges. The objective of this project is to rehabilitate bridge structural elements and to provide for accessibility upgrades.
EXHIBIT 4 TO RESOLUTION NO. 6347
CITY OF CARPINTERIA
CAPITAL IMPROVEMENT PROGRAM
FY 2022/23 - FY 2026/27
Summary
Project
Code Project Name Proposed Fiscal Year
P-04 Parking Lot #4 $2,907,900 2026/27
P-05 Ninth Street Parking ConversionYucca Lane to Linden Avenue To be determined Beyond 2026/27
Subtotal $2,907,900
PARKING FACILITIES - P
The general scope of work includes a new public parking lot on City parcel APN 004-105-026 between Linden Avenue, Elm Avenue, and railroad. The objective of this project is to provide for additional parking inventory.
The general scope of work includes converting Ninth Street from Yucca Lane to Linden Avenue into additional parking for Parking Lot #1. The objective of this project is to provide for additional parking inventory.
Description
EXHIBIT 4 TO RESOLUTION NO. 6347
CITY OF CARPINTERIA
CAPITAL IMPROVEMENT PROGRAM
FY 2022/23 - FY 2026/27
Summary
Project
Code Project Name Proposed Fiscal Year
PR-02 Memorial Park Improvements $570,810 2025/26
PR-05 Monte Vista Park Playground
Equipment Replacement $269,250 2026/27
PR-06 Lifeguard Tower Replacement $134,625 2022/23
PR-09 Linden Avenue Beach-End
Beautification $716,205 2024/25
PR-14 Tar Pits Park Improvements To be determined Beyond 2026/27 PR-23 Carpinteria Community Pool
Improvements
$560,040 2025/26
PR-31 Community Farm $2,598,793 2022/23
PR-32 Carpinteria Skate Park $2,685,769 2022/23
PR-34 Carpinteria Creekside Parcel
Acquisitions
$352,718 2024/25
PR-35 Bluffs Two Trail $457,784 2022/23
PR-36 Bluffs Three Park $2,563,163 2023/24
PR-37 Carpinteria Community Pool
Rehabilitation
To be determined Beyond 2026/27
PR-39 Coastal Access Ramp To be determined Beyond 2026/27 PR-40 El Carro Park Parking Lot
Reconstruction
To be determined Beyond 2026/27
PR-41
El Carro Park Restroom/Utility
Building Replacement
To be determined Beyond 2026/27
PR-42 Concha Park $655,126 2022/23
PR-43 Lagunitas Park $2,232,244 2024/2025
PR-44
Dune and Shoreline
Management Plan $382,452 Beyond 2022/23
Subtotal $14,178,980
The general scope of work includes a new coastal access ramp at Higgins Spring in Tar Pits Park. The objective of this project is to provide for coastal access.
The general scope of work includes developing 2.5 acres of land for a new public park, including pickle ball courts. The objective of this project is to provide for a new public park to include picnic areas, off-leash dog park, restroom, parking lot.
The general scope of work includes a non-motorized trail, parking lot, restroom, amphitheater, and interpretive signage at Bluffs Three. The objective of this project is to provide for a public park and to close a gap in the Carpinteria Coastal Vista Trail.
The general scope of work includes reconstruction of parking lot at El Carro Park. The objective of this project is to provide for a sustainable and circulation-efficient parking lot.
The general scope of work includes removal and replacement of restroom/utility building at El Carro Park. The objective of this project is to upgrade the restroom/utility building.
The general scope of work includes a new trail within a City easement (acquired in December 2018) across 6155 Carpinteria Avenue (APN 001-180-040). The objective of this project is to close a gap in the Carpinteria Coastal Vista Trail.
The general scope of work includes rehabilitation of Carpinteria Community Pool. The objective of this project is to rehabilitate the pool finishing and other appurtenances.
The general scope of work includes improvements at Tar Pits Park. The objective of this project is restore coastal habitat, repair existing trail, and add more coastal access.
The general scope of work includes a new small pool. The objective of this project is to provide for an additional pool area for smaller non-swimming lap water activities.
The general scope of work includes a new community garden, orchard, and privacy fence on the former Whitney Property (APN 001-070-012). The objective of this project is to repurpose the parcel into a community garden and orchard.
The general scope of work includes a new skate park on the City Hall campus. The objective of this project is to provide a dedicated park for skating.
The general scope of work includes acquisition of parcels along Carpinteria Creek. The objective of this project is to restore creek habitat and provide for an extension of the creek trail.
PARKS AND RECREATION FACILITIES - PR
The general scope of work includes new public restroom and trail. The objective of this project is to provide amenities.
The general scope of work includes removal and replacement of playground equipment at Monte Vista Park.
The objective of this project is to upgrade the playground equipment including accesisbility.
The general scope of work includes removal and replacement of lifeguard tower at Holly Avenue beach-end. The objective of this project is to upgrade lifeguard tower.
The general scope of work includes beautification improvements at the Linden Avenue beach-end. The objective of this project is to provide for a more aesthetically pleasing urban park environment and transition to Carpinteria Beach.
Description
The general scope of work includes a pocket playground park adjacent to Historical Marker #535 alongside Carpinteria Avenue. The objective of this project is to provide for a public park near the multi-family dwellings.
The general scope of work includes preparing a Dune and Shoreline Management Plan. The Dune and Shoreline Management Plan would allow for the development of a conceptual design and maintenance program for a living shoreline consisting of a stabilized dune system combined with a cobble and sediment nourishment program with the objective of protecting landward resources and critical infrastructure in the beach neighborhood, areas north of Carpinteria Salt Marsh, and Downtown while minimizing beach erosion.
EXHIBIT 4 TO RESOLUTION NO. 6347
CITY OF CARPINTERIA
CAPITAL IMPROVEMENT PROGRAM
FY 2022/23 - FY 2026/27
Summary
Project
Code Project Names Proposed Fiscal Year
SD-01 Casitas Pass Road Storm Drain To be determined Beyond 2026/27 SD-02 East Via Real Stormwater $1,881,042 2022/23
SD-03 Calle Arena Culvert To be determined Beyond 2026/27 SD-04 Palm Avenue Storm Drain To be determined Beyond 2026/27 SD-05 Walnut Avenue Storm Drain To be determined Beyond 2026/27 SD-07 Vallecito Road-Ogan Road
Drainage Improvements
To be determined Beyond 2026/27
SD-12 Drainage Inlet Retrofits $107,700 2024/25
SD-13 Ash Avenue Stormwater Lift
Station
To be determined Beyond 2026/27
SD-20 Via Real Storm Drain- Santa Ynez
Avenue to Cramer Circle
To be determined Beyond 2026/27
Subtotal $1,988,742
Description
STORM DRAIN FACILITIES - SD
The general scope of work includes a new storm drain in Casitas Pass Road from El Carro Lane to Carpinteria Creek. The objective of this project is to improve stormwater drainage and quality.
The general scope of work includes a new storm drain in east Via Real and Poplar Street. The objective of this project is to improve stormwater drainage and quality.
The general scope of work includes a new storm drain from Calle Arena to Carpinteria Creek. The objective of this project is to improve stormwater drainage and quality.
The general scope of work includes a new storm drain in Palm Avenue from Carpinteria Avenue to Eighth Street.
The objective of this project is to improve stormwater drainage and quality.
The general scope of work includes a new storm drain in Walnut Avenue from terminus to Carpinteria Creek.
The objective of this project is to improve stormwater drainage and quality.
The general scope of work includes drainage improvements in Vallecito Road and Ogan Road. The objective of this project is to improve stormwater drainage and quality.
The general scope of work includes retrofits of existing drainage inlets citywide. The objective of this project is to improve stormwater quality.
The general scope of work includes a new stormwater lift station near the intersection of Ash Avenue and Third Street. The objective of this project is to improve stormwater drainage.
The general scope of work includes a new storm drain in Via Real from Santa Ynez Avenue to west Cramer Circle.
The objective of this project is to improve stormwater drainage and quality.
EXHIBIT 4 TO RESOLUTION NO. 6347
CITY OF CARPINTERIA
CAPITAL IMPROVEMENT PROGRAM
FY 2022/23 - FY 2026/27
Summary
Project
Code Project Names Proposed Fiscal Year
ST-13 West Via Real Widening To be determined Beyond 2026/27 ST-18 Casitas Pass Road Traffic Calming To be determined Beyond 2026/27 ST- 55 Ninth Street ImprovementsHolly Avenue to West End $1,931,061 2023/24 ST-58 2022 Pavement Rehabilitation $2,385,555 2022/23
ST-59 2023 Pavement Rehabilitation $5,820,647 2023/24
ST-60 2024 Pavement Rehabilitation $5,662,866 2024/25
ST-61 2025 Pavement Rehabilitation $5,034,975 2025/26
ST-62 2026 Pavement Rehabilitation $3,787,162 2026/27
ST-63 2022 Pavement Maintenance $1,184,700 2022/23
ST-64 2023 Pavement Maintenance $1,184,700 2023/24
ST-65 2024 Pavement Maintenance $2,783,892 2024/25
ST-66 2025 Pavement Maintenance $2,159,023 2025/26
Subtotal $31,934,580
Description
The general scope of work includes widening of Via Real roadway at frontage of 4160 Via Real for new Class II Bikeway (Bike Lane). The objective of this project is to provide for an alternative transportation facility.
The general scope of work includes new landscaped medians along Casitas Pass Road and curb bulb-outs at the Cameo Road intersection. The objective of this project is to provide for countermeasures to excess speeding.
The general scope of work includes crack treatment, asphalt concrete pavement repairs, and microsurfacing.
The objective of this project is to rejuvenate pavement.
The general scope of work includes crack treatment, asphalt concrete pavement repairs, and microsurfacing.
The objective of this project is to rejuvenate pavement.
The general scope of work includes crack treatment, asphalt concrete pavement repairs, and microsurfacing.
The objective of this project is to rejuvenate pavement.
The general scope of work includes crack treatment, asphalt concrete pavement repairs, and microsurfacing.
The objective of this project is to rejuvenate pavement.
STREETS AND THOROUGHFARES - ST
The general scope of work includes new curbs, gutters, sidewalks, and roadway end treatment. The objective of this project is to improve stormwater drainage and connect accessibility.
The general scope of includes pavement rehabilitation, pedestrian facility upgrades as needed, and drainage improvements. The objective of this project is to rehabilitate pavement using technologies and material recycling techniques and to provide for accessibility upgrades.
The general scope of includes pavement rehabilitation, pedestrian facility upgrades as needed, and drainage improvements. The objective of this project is to rehabilitate pavement using technologies and material recycling techniques and to provide for accessibility upgrades.
The general scope of includes pavement rehabilitation, pedestrian facility upgrades as needed, and drainage improvements. The objective of this project is to rehabilitate pavement using technologies and material recycling techniques and to provide for accessibility upgrades.
The general scope of includes pavement rehabilitation, pedestrian facility upgrades as needed, and drainage improvements. The objective of this project is to rehabilitate pavement using technologies and material recycling techniques and to provide for accessibility upgrades.
The general scope of includes pavement rehabilitation, pedestrian facility upgrades as needed, and drainage improvements. The objective of this project is to rehabilitate pavement using technologies and material recycling techniques and to provide for accessibility upgrades.
EXHIBIT 4 TO RESOLUTION NO. 6347
CITY OF CARPINTERIA
CAPITAL IMPROVEMENT PROGRAM
FY 2022/23 - FY 2026/27
Summary
Project
Code Project Names Proposed Fiscal Year
TC-01
Carpinteria Avenue and Palm
Avenue Intersection
Improvements
$446,977 2022/23
TC-02 Santa Ynez Avenue and Via Real
Intersection Improvements
To be determined Beyond 2026/27
TC-03 Carpinteria High School Area
Crosswalk Safety Improvements $700,050 2022/23
Subtotal $1,147,027
TOTAL $84,227,887
The general scope of work includes a new high intensity activated crosswalk system in front of Carpinteria High School and Rincon High School. The objective of this project is to provide for a countermeasure to vehicular and pedestrian conflicts.
Description
TRAFFIC CONTROL FACILITIES - TC
The general scope of work includes a new traffic signal system at the intersection of Carpinteria Avenue and Palm Avenue. he objective of this project is to improve traffic flow and provide for a countermeasure to vehicular and pedestrian conflicts.
The general scope of work includes a new traffic signal system at the intersection of Santa Ynez Avenue and Via Real. The objective of this project is to improve traffic flow and provide for a countermeasure to vehicular and pedestrian conflicts.
CITY OF CARPINTERIA
DEVELOPMENT IMPACT FEES LEDGER ADJUSTMENTS CREDITS INTEREST DEBITS LEDGER At July 1, 2021 At June 30, 2022
ACCOUNT PURPOSE
301-000-3016 GENERAL GOVERNMENT FACILITIES DIF $29,147.23 $0.00 $2,271.24 $355.84 $0.00 $31,774.31 301-000-3001 HIGHWAYS & BRIDGES DIF $854,432.15 $0.00 $17,674.08 $9,897.71 $1,538.53 $880,465.41 301-000-3002 STORM DRAIN FACILITIES DIF $293,311.40 $0.00 $2,940.24 $3,055.62 $32,483.33 $266,823.93 301-000-3003 TRAFFIC CONTROL FACILITIES DIF $298,605.04 $0.00 $1,423.60 $3,011.42 $22,250.00 $280,790.06 301-000-3004 STREETS & THOROUGHFARES DIF $103,999.94 $0.00 $3,460.74 $1,220.81 $0.00 $108,681.49 301-000-3005 PARKING FACILITIES DIF $132,473.53 $0.00 $1,505.90 $0.00 $133,979.43 301-000-3006 PARK LAND ACQUISITION DIF1 $34,764.32 $0.00 $7,786.54 $480.49 $0.00 $43,031.35 301-000-3007 PARK & RECREATION FACILITIES DIF $182,479.92 $0.00 $0.00 $2,055.98 $69,543.60 $114,992.30 301-000-3008 AQUATIC FACILITIES DIF $55,980.35 $0.00 $487.48 $640.30 $0.00 $57,108.13 301-000-3009 OPEN SPACE DIF $38,076.97 $0.00 $5,089.14 $489.04 $0.00 $43,655.15 301-000-3017 QUIMBY FEES $360,896.69 $0.00 $4,066.92 $103,097.00 $261,866.61 TOTAL $2,384,167.54 $41,133.06 $26,780.03 $228,912.46 $2,223,168.17
1. Park Land Acquisition DIF is a carry-over from the previous DIF Program.
EXHIBIT 5 TO RESOLUTION NO. 6347
CITY OF CARPINTERIA
DEVELOPMENT IMPACT FEES ACCOUNTING (AUDITED)
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
December 9, 2024
ITEM FOR COUNCIL CONSIDERATION
Selection of City Council Representatives to Other Government Agencies, Regional Committees, City Council Joint and Standing Committees, and City Ad Hoc Committees.
STAFF RECOMMENDATION
Assign City Council representatives to Other Government Agencies, Regional Committees, City Council Joint and Standing Committees, and City Ad Hoc Committees, as set forth in the staff report and the below sample motion.
Sample Motion: I move to assign representatives as follows:
1. I move to assign Councilmember representatives, as discussed in Table 1, to Other Government Agencies.
2. I move to assign Councilmember representatives, as discussed in Table 1, to Regional Committees.
2. I move to assign Councilmember representatives, as discussed in Table 1 Joint and Standing Committees.
3. I move to assign Councilmember representatives, as discussed in Table 1 Ad Hoc Committees.
BACKGROUND / DISCUSSION
Every two years following the Municipal Election, the City Council must select from its members representatives to serve on various regional agencies and committees, City joint and standing committees, and City ad hoc committees. A list describing each regional committee, City joint, standing, and ad hoc committees, and area boards and committees is provided in Attachment A to this report.
Table 1, below, identifies the list of Council assignments to be made, which may be acted upon through nominations and a vote of the Council. The current City Councilmember representatives assigned to each committee are provided in the following table as well as the City representatives to the area boards and committees.
Selection of Council Representatives on Regional
Agencies, Committees and Ad Hoc Committees
December 9, 2024
TABLE 1
Committee Current Representatives New Representatives
Appointees to Other Government Agencies
Beach Erosion Authority for Clean
Oceans and Nourishment
(BEACON)
Mónica Solórzano
(Alternate: Al Clark)
California Joint Powers Insurance
Authority (CJPIA)
Al Clark
(Alternate: Natalia Alarcon)
Santa Barbara County Association
of Governments (SBCAG)
Al Clark
(Alternate: Wade Nomura)
Santa Barbara County Air
Pollution Control District (APCD)
Al Clark
(Alternate: Wade Nomura)
Central Coast Community Energy
(3CE) Policy Board
Primary: Goleta
(Alternate: Wade Nomura)
Current membership through
12/31/25; Carpinteria will hold
primary membership beginning
01/01/26 and Council will select
representative in November 2025
Santa Barbara Metropolitan
Transit District Mónica Solórzano
Representatives to Regional Agencies/Committees
Channel Counties Division,
League of California Cities
Wade Nomura
(Alternate: Natalia Alarcon)
Santa Barbara Joint Affordable
Housing Task Group
Natalia Alarcon
Mónica Solórzano
Santa Barbara County Elected
Leaders Forum to Address
Homelessness
Al Clark
(Alternate: Natalia Alarcon)
South Coast Youth Safety
Partnership
Mónica Solórzano
Roy Lee
Multijurisdictional Solid Waste
Task Group
Roy Lee
(Alternate: Natalia Alarcon)
Joint and Standing Committees
City Council/Economic Vitality
Committee
Natalia Alarcon
Roy Lee
City Council/Public Safety
Committee
Al Clark
Wade Nomura
City Council/School Board
Committee
Roy Lee
Natalia Alarcon
City Council/Utilities Committee Roy Lee
Wade Nomura
City Council/First District
Supervisor Committee
Roy Lee
Mónica Solórzano
City Council Finance/Budget
Committee
Natalia Alarcon
Al Clark
Selection of Council Representatives on Regional
Agencies, Committees and Ad Hoc Committees
December 9, 2024
Transportation Committee Roy Lee
Al Clark
Development Review Committee
(Joint Committee membership
from City Council, Planning
Commission and Architectural
Review Board)
City Council
Al Clark
Wade Nomura
Planning Commission
Not previously assigned
Architectural Review Board
Brad Stein
Planning Commission will assign
two representatives.
Architectural Review Board will
assign two representatives.
General Plan and Coastal Plan
Update Committee (Joint
Committee membership from City
Council and Planning
Commission)
City Council
Roy Lee
Al Clark
Planning Commission
Jane Benefield
Katherine Salant
Planning Commission will assign
two representatives.
Public Facility Site
Acquisition/Development
Committee
Al Clark
Wade Nomura
Sustainability Committee Wade Nomura
Mónica Solórzano
Ad Hoc Committees
Civic/Youth Engagement
Committee
Roy Lee
Wade Nomura
as been to make Council representative assignments for Regional Agencies and Committees, City Council Joint, Standing, and City Ad Hoc Committees via nomination and vote of the Council. The Mayor has been informed of which assignments Councilmembers have an interest.
FINANCIAL CONSIDERATIONS
There are no financial considerations presented with this report.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
In California, the Brown Act establishes the requirements and procedures under which public in part as a standing committee of the local agency.
Standing committees are defined as committees which have either a continuing subject matter jurisdiction or have a meeting fixed by ordinance, resolution or formal action of the legislative body. Such standing committee can be made up of less than a quorum of the legislative body.
Even if comprised of less than a quorum the standing committee is subject to the Brown Act.
Any Committee made up of a majority of the legislative body also conducts meetings pursuant to provisions of the Brown Act.
Selection of Council Representatives on Regional
Agencies, Committees and Ad Hoc Committees
December 9, 2024
legislative bodies for the purposes of the Brown Act. According to the League of California Cities guide to the Ralph M. Brown Act, a good working definition of an ad hoc committee is one which serves a limited purpose or task, is not perpetual, and which is dissolved once its specific task is complete.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATTACHMENTS
A. Description of Regional Agencies and Committees, City Joint and Standing Committees, and City Ad Hoc Committees
Staff contact: Brian C. Barrett, City Clerk
(805) 755-4403, [email protected]
Signature
Reviewed by:
Ryan Kintz, Assistant City Manager
(805) 755-4400; [email protected] Signature
Reviewed by:
Michael Ramirez, City Manager
(805) 755-4450; [email protected] Signature
Selection of Council Representatives on Regional
Agencies, Committees and Ad Hoc Committees
December 9, 2024
ATTACHMENT A
Description of Regional Agencies and Committees, City Joint and Standing Committees, and City Ad Hoc Committees
G:\CC Staff Reports\2024 1209\FINAL\Selection of Council Reps\Description of Regional Agencies Standing and Ad Hoc Committees - Effective 2024-11-13.docx
1. Appointees to Other Government Agencies
a. Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) BEACON is a Joint Powers Authority established in 1992 to address coastal erosion, beach nourishment and clean oceans within the Central California Coast from Point Conception to Point Mugu. The member agencies of BEACON include the Counties of Santa Barbara and Ventura as well as the coastal cities of Santa Barbara, Goleta, Carpinteria, Ventura, Oxnard and Port Hueneme. The BEACON Board is made up of two Supervisors from each county and one Council representative from each member city for a total of 10.
Councilmember Representative: Solórzano/Alt. Clark
Meeting frequency: every other month
Meeting Schedule for 2023: January 20, March 17, May 19, July 21, September 15, and November 17
Meeting time: 9 am
Location: City of Carpinteria, City Hall
Term of Office: Serve as long as representative holds public office Qualifications: Elected Official (Mayor/Councilmember)
b. California Joint Powers Insurance Authority (CJPIA)
To address the high cost of insurance, in the mid-1970s, a group of cities joined together to form the California JPIA for the purpose of providing liability protection for its members. The City currently purchases liability, property, workers compensation and crime insurance through the JPIA. The JPIA assists member cities with risk analysis and education in order to reduce the frequency and severity of claims as well as identifying liability weakness to prevent losses. A Board of Directors, consisting of one elected official is appointed by each Member Agency, governs the California JPIA.
Councilmember Representative: Clark/Alt. Alarcon
Meeting frequency: once annually (third Wednesday of July) Location: La Palma, CA
Term of Office: Serve as long as representative holds public office Qualifications: Elected Official (Mayor/Councilmember)
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c. Santa Barbara County Association of Governments (SBCAG) SBCAG is a Joint Powers Authority with members including all eight cities and the county of Santa Barbara. SBCAG functions under federal and State law as the Santa Planning Agency, Local Transportation Authority, Airport Land Use Commission, and Affiliate Census Center. In these roles, SBCAG is responsible for providing certain regional planning functions such as regional growth forecast, census information, and regional housing needs assessment, and transportation planning and grant/revenue allocation, including the annual distribution of millions of dollars in local, state, and federal funds for the region's transportation projects and programs and services.
SBCAG is the administrator of the Measure A program, a county-wide local sales tax dedicated to road repair, traffic relief, and transportation safety projects and programs in Santa Barbara County. The SBCAG Board consists of the five County Board of Supervisors, and a representative from each of the eight cities in the County for a total Board membership of 13. The City of Carpinteria representative also serves on the South Coast Subregional Planning Committee.
Councilmember Representative: Clark/Alt. Nomura
Board Meeting times: 10:00 am
Meeting Schedule: Third Thursday of every month
Location: alternating meeting location between Santa Barbara and Santa Maria.
Term of Office: Serve as long as representative holds public office Qualifications: Elected Official (Mayor/Councilmember)
South Coast Subregional Committee Meeting times: 1:30 pm Meeting Frequency: Monthly
Location: SBMTD Conference Room, 550 Olive St., Santa Barbara, CA d. Santa Barbara County Air Pollution Control District (APCD) APCD is a local government agency with a mission of working to protect the people and the environment of Santa Barbara County from harmful effects of air pollution.
Pursuant state law, APCD has primary responsibility for controlling air pollution from all sources except motor vehicles. Its jurisdiction covers the entire County including the incorporated cities of Buellton, Carpinteria, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, and Solvang.
Councilmember Representative: Clark/Alt. Nomura
Meeting time: 1pm
Meeting Schedule: January, March, May, June, August, October, and December or Santa Maria
Term of Office: Serve as long as representative holds public office Qualifications: Elected Official (Mayor/Councilmember)
G:\CC Staff Reports\2024 1209\FINAL\Selection of Council Reps\Description of Regional Agencies Standing and Ad Hoc Committees - Effective 2024-11-13.docx
e. Central Coast Community Energy (CCCE) (Nomura/Alt. Goleta) The CCCE is a Joint Powers Authority made up of 30 cities and 4 counties in counties between Monterey and Santa Barbara counties. Member agencies are represented on a Policy and Operations Board. The Policy Board, made of elected officials meets quarterly and makes high level policy decisions on behalf of the member agencies.
The City of Carpinteria and City of Goleta share seats on both the Policy Board and Operations Board (City administrators). As stated in the Memorandum of Understanding for the shared seats, the Policy Board representative serves for a term of two years and Board seat appointment responsibility alternates between the parties.
The party serving as Policy Board representative is responsible for distributing via Councils and City Managers the agenda, meeting minutes
and any supplemental documents and information necessary to keep each party informed of policy, business or other related matters of the board meetings, after each Policy Board meeting as soon as materials are available and is practicable. The Policy Board Director alternate is appointed by the party not holding the Policy Board seat. In 2021/22 Carpinteria holds the Policy Board seat, and Carpinteria serves as the alternate, while Goleta holds the Operations Board seat, with Carpinteria as the alternate. This role will be reversed in December of 2023.
Councilmember Representative: Goleta /Alt. Nomura (as of Dec. 2023) Policy Board 2023 Schedule: February 15, June 21, and September 21 Operations Board 2023 Schedule: January 11, March 8, April 12, May 10, August 9, September 20, October 11, and November 8
Term of Office: Policy Board representative serves 2-year term and Board seat shall alternate between Goleta and Carpinteria every 2 years
Qualifications: Elected Official (Mayor/Councilmember)
f. Santa Barbara Metropolitan Transit District
MTD is an independent public transit district with jurisdiction over the South Coast region of Santa Barbara County. A seven member board of directors governs the MTD. Two members are appointed by the County Board of Supervisors, two are appointed by the Santa Barbara City Council, one is appointed by the Goleta City Council and one is appointed by the Carpinteria City Council. The seventh member, also known as the at-large director, is appointed by the other six members of the board.
Councilmember Representative (was previously a City of Carpinteria Representative member of public): Solórzano
Term of Office: Four years
Qualifications: Resident of District and resided within District at least one year prior to appointment to Board.
Meeting Frequency: 1st & 3rd Tuesday of the month at 8:30 am (no meetings in August/December) at MTD Administrative Offices
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2. Representatives to Regional Agencies and Committees
The regional agency and committee meetings described below are all legislative bodies which must comply with Brown Act requirements related to open and public meetings.
a. Channel Counties Division, League of California Cities The Channel Counties Division is made up of the 25 central coast cities in Ventura, Santa Barbara and San Luis Obispo counties. Quarterly meetings are casual and over dinner. Each city rotates hosting a meeting. Meetings include speakers who provide information on policy matters being discussed in Sacramento and Washington, DC effecting cities and also information on what the League is doing relative to these policy issues.
Councilmember Representative: Nomura/Alt. Alarcon
Meeting frequency: quarterly dinner meetings
Location: rotated among the cities
b. Santa Barbara Joint Affordable Housing Task Group
Santa Barbara Joint Affordable Housing Task Group meets quarterly to discuss and explore areas of potential intergovernmental cooperation in addressing housing needs for households of very low, low and moderate incomes. The County of Santa Barbara and Cities of Carpinteria, Goleta, and Santa Barbara are represented in this Task Group.
Councilmember Representative: Alarcon & Solórzano (only one representative required)
Past Meeting Schedule: January (Carpinteria City Hall), April (SB), July (Goleta), and October (SB)
Location: locations rotate among the four participating jurisdictions. c. Santa Barbara County Elected Leaders Forum to Address Homelessness Participating agencies include the County of Santa Barbara and the Cities of Buellton, Carpinteria, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, and Solvang.
Location: virtual
Councilmember Representative: Clark/Alt. Alarcon
Meeting Schedule: January, March, May, July, September, and November
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d. South Coast Youth Safety Partnership
The mission of the SCYSP is to expand the mobilization and alignment of community resources to improve the safety and quality of life for youth, their families, and the opportunities for youth to fulfill their educational, employment, and personal potential.
SCYSP believes that gang-related challenges in our community are best addressed locally and collectively. Participating agencies include the County of Santa Barbara and Cities of Santa Barbara, Goleta, and Carpinteria with the host agency being CommUnify. These agencies are also funding partners for this work, which is guided by an MOU.
Councilmember Representative: Solórzano & Alt. Lee (Note: Only one representative required and can be either the Mayor or Councilmember.) Meeting time: Afternoons
Meeting Schedule: Meet quarterly. Past meetings held in January April, July October Location: rotates among cities
e. Multijurisdictional Solid Waste Task Group
Established in 2011 as a forum to discuss and plan for countywide solid waste management programs and facilities, the Task Group has developed for approval a Countywide Long-term Solid Waste Management Plan (2004), and various model ordinances and programs related to construction waste diversion, commercial recycling, and the analysis of the feasibility of new facilities and technologies for waste management. Membership of the Task Group includes the cities of Buellton, Carpinteria, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, and Solvang, and the County of Santa Barbara, as well as the County Special Districts Association.
Each member jurisdiction can appoint up to two elected officials with a maximum potential membership of twenty elected officials.
Councilmember Representative: Lee/Alt. Alarcon
Meeting frequency: bimonthly
Location: varies
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3. Joint and Standing Committees
The City Council has formed and maintains various Standing Committees to meet on certain subject area. Joint and Standing Committees are subject to the Brown Act and have a set meeting schedule (e.g. monthly, quarterly, annually) and there is no termination date. Their scope is much broader. In order to effectively carry out the work, Committees will routinely meet with representatives of other agencies. For example, the City Council Utilities Committee routinely meets with representatives of the Carpinteria Sanitary District and the Carpinteria Valley Water District. Such joint meetings are subject to all applicable open meeting rules of the Brown Act for joint meetings. Although Standing Committees conduct joint meetings with representatives of other agencies, they may, and sometimes do, meet independent of other agencies. When a Standing Committee meets in this way, it is also subject to all applicable open meeting rules of the Brown Act. a. City Council/Economic Vitality Committee
The City Council/Economic Vitality Committee was formed to work on cooperative projects and programs aimed at improving the business climate in Carpinteria.
Committee Members: Alarcon & Clark
Meet as needed at City Hall.
Formed/Last Amended: Committee renamed from City Council / Chamber of Commerce Board of Directors Committee to the City Council/Economic Vitality Committee by Council minute order on December 10, 2018.
b. City Council/Public Safety Committee
The City Council/Public Safety Committee was created to allow for better coordination between the City and public safety agencies. Subject matter jurisdiction of this Committee include law enforcement, fire protection and emergency preparedness/response. Meetings may include
the Carpinteria-Summerland Fire Protection District and/or the County Office of Emergency Management.
Committee Members: Clark & Nomura
Meets as needed at City Hall.
Formed/Last Amended: March 14, 1966 by Council minute order. c. City Council/School Board Committee
The City Council/School Board Committee was formed to allow for better coordination between the City and the Carpinteria Unified School District on mutual areas of interest.
Committee Members: Lee & Alarcon
Meets as needed at City Hall.
Formed/Last Amended: September 10, 1996 by Joint Resolution No. 1
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d. City Council/Utilities Committee
The City Council/Utilities Committee was created to encourage coordination and communication between the City and the Carpinteria Valley Water District and Carpinteria Sanitary District on matters of mutual interest.
Committee Members: Lee & Nomura
Meets as needed at City Hall.
Formed/Last Amended: Committee renamed from City Council/Water Board Committee to City Council/Utilities Committee by Council minute order on January 14, 2013. e. City Council/First District Supervisor Committee
The City Council/First District Supervisor Committee was formed to initiate more regular discussions between City and County elected officials concerning matters of mutual interest.
Committee Members: Lee & Solórzano
Meets as needed at City Hall.
Formed/Last Amended: January 14, 2013 by Council minute order. f. City Council Finance/Budget Committee
The City Council Finance/Budget Committee was created to work with the City Manager during the budget development process
financial condition and to make reports and recommendations regarding same to the Council as determined appropriate.
Committee Members: Alarcon & Clark
Meets the fourth Thursday of the month at City Hall.
Formed/Last Amended: June 24, 2013 by Resolution No. 5472 g. Transportation Committee
The Transportation Committee was formed to review and make recommendations concerning public transit and alternative transportation projects, programs and services.
Committee Members: Lee & Clark
Meets as needed at City Hall.
Formed/Last Amended: Originally formed as an ad hoc committee by Council minute order on May 22, 2006; dissolved and reformed as a standing committee via Resolution No. 5928 adopted November 12, 2019.
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h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) Committee created to make recommendations to the Planning Commission and City Council on strategy, tasks, and schedule for creating policies and regulations development review decisionrecommendation to the Commission and Council could include new form-based codes Neighborhood Design Guidelines.
Councilmember Representative: Clark & Nomura
Planning Commission Representative: PC to select
Architectural Review Board Representative: Stein
Meets as needed at City Hall.
Formed/Last Amended: April 22, 2019 by Resolution No. 5888. i. General Plan and Coastal Plan Update Committee (Joint Committee membership from City Council and Planning Commission)
The General Plan and Coastal Plan Update Committee was created to review the Draft General Plan and Coastal Plan Update.
Councilmember Representative: Lee & Clark
Planning Commission Representative: Benefield and Salant Meets on third Monday of the month.
Formed/Last Amended: September 28, 2015 by Council minute order. j. Public Facility Site Acquisition/Development Committee The Public Facility Site Acquisition/Development Committee was formed to review land acquisition opportunities and major capital project proposals.
Committee Members: Clark & Nomura
Meets as needed at City Hall.
Formed/Last Amended: Originally formed as an ad hoc committee by Council minute order on August 14, 2006; Council recategorized as a standing committee by minute order on January 11, 2021
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k. Sustainability Committee
Responsible for making recommendations to the Council concerning implementation of be amended from time-to-time.
Committee Members: Nomura & Solórzano
Meets quarterly in November, February, May, and August
Formed/Last Amended: October 23, 2023 via Resolution No. 6270
4. Ad Hoc Committees
Ad hoc City Council Committees are created by the City Council for a specific period of time and limited purpose, and they are dissolved once their specific task is complete. The following committees are currently established; however, due to their nature, the list of ad hoc committees will change over time.
a. Civic/Youth Engagement Committee
Created to develop civic/youth engagement program recommendations for consideration by the City Council.
Committee Members: Lee & Nomura
Meets as needed at City Hall.
Formed/Last Amended: December 12, 2022 by Resolution No. 6175.