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HomeMy WebLinkAbout84-67 REZONE FOR R-3 TO PUD 4 OF 6i j I r judicial foreclosure. However, as a condition precedent to the heeling of ariy such sale i under Section 2924-29249'appropriate publication shall be made. ',in t.onnectlon wlth Any sale under Section 2924-2.924h, the Board is authorized to appoint 118 attorney, an,y 3 officer or director, or any title insurance company authorized to cite business in California as trustee for purposes of conducting the sale. If a dell nquGncy including ., Assessments and other proper charges is cured after recordation of the Notice of Delinquent Assessrnent but before sale, or before completing a judicial foreclosure, the Board or its authorized representative shall ,cause to be recorded In ,the office of the County Recorder a certificate setting forth the satisfaction of such clairn and release of such lien. rhe Association, acting on, behalf, of the Owner, shall have the power to bid upon the Lot a:t foreclosure said and to acquire,, hold,, lease, mortgage and 'Lot. � 1 convey theot. d. Transfer by Sale or Foreclosure. In a sake or tra%fei' of a Lot, the personal obligation for delinquent Assessments or Individual Chariest shall not pass to the Transferee unless expressly assumed by hirn. The sale or transfor of any Lot shall not affect the Assessment lien, nor the right of the Association to 141pose a lien for 1 Assessments which became due prior to such sale or transfer. HoWoVer, the sale or , r transfer of any Lot pursuant to the exercise of a power of sale or judicial foreclosure ` involving a default under a First Mortrne shall extinguish the lien atad right to lien for Assessments which became due prior to such sale or transfer. No transfer of the Lot as the result, of a foreclosure or exercise of a power, of sale shall relieve the new Owner, whether it be the former beneficiary of the First ,Mortgage, or another person, f'rorn liabiiity for any Assessments or Individual Charges thereafter becoming due or from the lien thereof. e. Waiver of Homestead Benefits. Each Owner to the extent permitted by law, waives, to the extent of any liens created pursuant to the Project Documents, the benefit of any homestead or exemption laws of California in effect at the time any Assessment becomes due: SECTION 10: BUDGETS, FINANC;IAL STA rEMENTS AND BANK ACCOUNTS : 10.01. Budgets) Financial Statemonts.- rhe following financial and related information shall be regularly prepared and distributed 'by the Board to all members of the Association: s a. Budget. A budget for each fiscal year consisting of at least the following information shall be distributed not less than 0 days prior to the beginning .; of the fiscal year: ` (1) Estimated revenue and expenses on an accrual basis. (2) The arnount of the total cash reserves of the Association i currently available for replacement or major repair of ctmmmon facilities and for contingencies. i (3) An itemized estimate of the remaining life of, and the methods r of funding to defray the costs of repair, replaceinentor additions to inajor components of the cornmon areas and facilities for which the Association is resp onsible. b. Balance Sheet. A 'balance sheet as of an accounting date which is the last day of the month closest in time to six. months :from the date of closing of the f4r$t sale of a Lot in the Project, . 1 and an operating statement for the period from the date of the first closing to the said accounting date = 41" shall be distributed within 60 days atter' the accounting date. This operating statement shall include a schedule .pf ;assessments received and receivable identified by the ;Lot number and the name of the entity assessed; t c.. Report. A report consisting of the following shall be distributed within 120 days after the close of the fiscal year: (i) A balance sheet as of the last day of the f iscal year. (il) An operating (income) statement for the fiscal year, Sills (Ill) A statement of any changes in financial position for the fiscal year: �• For any fiscal year in which the gross income to the Association exceeds ;$75,000; a copy of the review of the annual report prepared in accordance with generally accepted accounting, principles by a licensee of the Call:fornia State Board of Accountancy. N If the report referred' to above is not preparetl by an independent accountant, it shall be accompanied by the certificate of an authorized officer of the Association that the statement Was prepared from the books and records of the Association without independent audit or review'. d. ;Statement of Enforcement Policies. In addition to financial statements, the Board shall annually: istribute within 60 days prior to the beginning of the fiscal year, a statement of the Associaiion's policies and practices in enforcing its remedies against members for defaults in thement a p _ y of regular _ a ' assess ments>including'the recording and foreclosin,g,of liens against members' Lots. 10.02. Bank Accounts. The Association shall deposit all funds collected from Owners pursuant to the Section herein entitled. "Assessments" and .all other amounts collect ed'by the Association as follows:. a. General. All funds shall be deposited In a separate bank account ("Ge,neral Account") witsa banklocated in California: The Association' shall keep accurate books and records regardingsuch account. Funds deposited in such account may be u8ed by the Association only for thepurposes for which such funds have been collected. b. lZeserye. Funds which the; ASSOCicltion shall collect fqr reserves for capita! expenditures relating to the repair and maintenance of the Lots 25 .r Y 1., 12.03. Condemnation? a. Condemnation Affecting Common Area (i) Sale in Lieu. if an action for condemnation of,all or a portion of the Com►'non, Area is proposed or threatened by any entity having the right of eminent dor'nain; then on the unanimous written consent of all of the Owners and subject to the µ th"llts of all Mortgagees, the, Common Area, ora portion of it, may be sold by the Board. Subject to Corporations Code Section 8724, the proceeds of the sale shall be distributed, among the Lots on the same basis as their Regular Assessment obligations and between the Lot Owners and their tviortgagees as their respective; interests shall appear', (is) Award.' If the Common Area, or a portion of !tj is not sold, but is instead taken, the judgment of condemnation shall by its terms apportion the award -: among the Owners and their respective Mortgagees. If the judgment of'condennation > does not apportion the award, then the award shall be distributed as provided above. b. Condemnation Affecting Lotsi if an action for condemnation of all or a portion of, or'otherwise affecting a Lot Is proposed or threatened, the Owner and the Mortgagees of the affected Lot; as their respective interests shall appear; shall be entitled to the proceeds of any sale or award relating to the,.affected Lot. if any Lot is rendered irreparably uninhabitable' as a result of such a taking; the Lot shall be deemed deleted from the Project and the Owners arid, ` vlortgagees of the affected Lot, upon receiving the award and an portion of the reserve funds of the Association reserved for the :Lot, shall be released from the applicability of the Project' Documents and deemed divested of any ,interest in the Common Area. SECTION 13: ENFORCEy18N'r Q'F BONDED OBLIGA rioN -If any Common Area improvements In the Project have. not been completed prior to the Issuance of the Final Public Report and the, Association i;; obligee under a bond or other'arrangement (!!Bond") to secure performance of the commitment of Declarant to coImpleto such improvements, the Board shall consider and vote on the question of =W, ; action by the Association to enforce the obligations under the Bond with respect to ► any improvement for which a. Notice of Completion has not been filed within 661 days after the completion date specified for that improvement in the planned Construction Statement appended to the Band: If the Association has given an extension in writing ' for the completion of any Common Area improvement, the Board shall consider and i. vote un the aforesaid question if a Notice of Completion has not bden filed within 30 r days after the, expiration of the extenslon. A A special meeting of Members for the purpose 'of voting to override a decision by the Board i,ot to initiate action to enforce the obligations, under: the rWnd or on the failure of tilt Board toL consider zhd,vote on the iquostion, shall be held; not less than 35 days. nor more than 45 days after receipt, by the Board of a petition for such meeting signets by ebl'embers representing 5% or more of the total voting power of, ti OL Association. At 2� such special meeting, a vote of a majority of the voting power" cif the Association than Declarant- to take action to enforco Che obligations a residing in iVlembers other under the Bondshall be deemed to be the decision of the Association and the Board shall thereafter implement this decision by initiating ,and pursuing, appropriate action in the name of the Association: SECTION 14: AMENDMENTS 14.01. Prior to First Conve arise. Prior to close of escrow on the sale of the first Lot, Declarant. may amend or revoke this Declaration Subject to the Professions C ection 110!.2 and 1101.T. ode S requirements of Business and onve y nee. After' sale of the Rest loot, this 14.02. After First Ca only by the affirmative vote din person or by , . { Declaration may be amended or revoked or written consent of Members representing a majority of the voting power of proxy) class of Members of the Association: If only one class of membership e clsts at each the time2 an amendment is proposed, then it mt,,*x be approved by at least a bare the total voting power of the Association, which shall includo at leant a majority of bare majority of the "votes of Members other than Declarant. The percenttii e of the voting power necessary to amend a specific clause or provision of this Declaration affirmative votes required for shall not be less than the prescribed percentage of action to be taken under that clause or provision: 14.03. Recordation. Any amendment must be recorded and shall become ., . Y P g untyi onl u on bem recorded !n the Recorder's Office of Butte Co x effective 'TM SEC r10N 15: GENERAL PROVISIONS Term. The covenants and restrictions of this 'Declaration shall run wits and bind the Property,, and shall inure to the benefit of and be, binding on the Lots, their legal representatives, heirs, `granges, Association and the Owners of any tenants, successors and assigns, subject to this Declaration, for a term of 30 years they shall be automatically from the date this Declaration is recorded. Thereafter, an instrument in writing;, signed by extended for successive periods of 10 years, unless a majority of he then Owners of the Lots, has been recorded within the year -the beginning of each successive period of 10 years, agreeing to change said ' preceding and restrictions in Whole or in part,or to terminate the same. covenants 15.02. Owners' Compliance. Each Owner, tenant or occupant of a Unit (to the extent they are not in shall comply with the 'provisions of this Declaration, and with the Declaration), the Project Documents and the decisions and conflict resolutions of the Association or the Board, as lawfully amended from time to time. resolu�tlbNs shall be grounds �' Failure to comply with any such provls' ons, decisions_, or cine, for" damages, for injunctive relief, or to, enforce for an action to recover sums 'F such provisions,, decisions or resolutions., All agreements and determinations lawfully made by the Association in accordance with the voting percentages' established in the Project, Documents shall be deemed to be binding on all "Owners of Lots, their successors and assigns. 30 • r�Y��.• :• .• '.... 11 lllAfs EXHIBI r A 'N FO DECLARA 'I "ION OF pj�opERrY,SUBjr--CT ION , 0 Butte, State 0 That certain real property $I -f in the CoUntY. California,, described as follows* Lots I through 6, inclusive, and Lot "A.", as shown on the Map entitled ''The Country Commons, ornmonso Unit No.; 00 e "'i filedfor record February 27, 1985 in, Book, 95 of Maps, Pages H and. 89, Butte County Records. i _ .. FILE NQ. 84-67 BUTT, 'COUNTY I?LANNING COMMTSSION` Sl'AFF 'FINDINGS - Augus,t 30, 1984 APPOCANT: Harald Urness , .0 R .' Same RBQVE T Rezone TIM R, 3, to PUD AP 410, , 40, 24-62 STU; LQCATI,ON: West side of Goodspeed Avenue 350 fejt rioxth of viss Stxtet, Durham. EXISTING ZQNING"� R�3 ZION Ih'. HISTORY: Zoned R-3 Aug. 14, 19,73 (O.xd. 1380) SURROUNDING TONING: R-3� $'R-1 C-2 SUIiROUNJ)INTG LAND USE: Ftes idontial SITH KI STORY: Previouslyproposed for 28` unit apartment complex., r.'GENERAL PLAN DESIGNATION- Low ow Density Residential APPLICABLE REGULATIONS: Land Use Element Pages 50, 5`1, 56 Butte County Code Secs 24-49 & 24-126 COMMENTS; Public Works: "For environmental review Ju y 25, 1980 and July 28, 1980."` please see attached memos dated Environmental Health: "The attached memo conditions of approval . "' lists Health_ Dopt, recommended Deft. of Forestry:, "Eliminate bulclin s g tion oftxa. fie and allow lire 9 and 1Z t.o provide better, circula- apparatus (Dept. of Forestry revised their comment access without having to bask up.,, in Subdivision Committee, #25.) see Postmaster,' Durham Post Office: "Any development such ,as this, will impact on t e Bur am ost 1ce,. This development is located on a rura3—route, however, I cannot allow a carrier'to traverse into ,this development clue to narrow ;streets and no "turnaround". SVith` the cooperation o.f Mr. Urness,.`' that problem was solved with, the planned installation NDCBUs, of Further impact will,,of course, be mail volumne increase; etc . But that impact, will be also accommodated.►► PGCE : We have " reviewed the tentative map for Harold Urness Subdivision, all roadls anal. common .area a ,r s be d and request that dedicated pis' a public utility easement. !. ,. �.. .�`t,, r9� r 1� ., Z(1N � � I r J (rr• .n J �: .V �i P .r .. f� .. r r yl • •t, t �. k, ,' ' r , Mr � I L,rF { ,' � gin, \ r �Cr � k �,. r ! '�, • ` � / • Y , /1 1 . h i r J w � �� , s � � 'i ' a r �� . � 1 �' 1, y a h � •'' r � a.1f r I •; i J , r r d AI Mr. Harold Urhess -2-, October 83i 1984 6. Provide monurfiehtati on as required by the Department of Public Works 'i n accordance with accepted standards. 7. Street grades and other features shall comply with the Butte Count! Ordinances, design resolution end other accepted engineering standards. 8. Provide permane;►t solution for drainage and pay appropriate Durham Drainage fees. 9: All easements of record to be shown on the final map. 10. Meet requirements of, Butte County Fire Department or tither responsil�ie agency.' 11. Streetshall provided in with Butte oteri accandance design recommendat{i recommendations 12. Pay off assessments. 13. Meet the requirements of the utility companies (i.e., PUE, Pacific, Telephone, water, sewer). 14. Pay any delinquent taxes, 15. File a final subdivisionmap and pay appropriate fees. 16. Developer shall provide all requi°red traffic safety signs including stop` signs, 17; Provide a 100 ft. leadiffeld free setback around existing wells either within the property or within 100 ft. of he property boundaries. l8. Provide a letter or other documentation from Durham Irrigation District stating that they are willing and able to supply domestic water to the project.' 19 Provide a sewage system des1. gn'in compliance with Butte County Health Depart►tent and California State Regional Water Quality Control Board requirements. 20 Provide satisfactory eVidente that a homeowners association or other . entity wi�ll,.becreated adequate to insurethe.repair,replacement and%'or ' maintenance ofthe sewage disposal system., 214 Locate sewage 'disposal area separate frgm public utility and'othPv common fa ci if ty area,; Erosion control: Mulch exposed soills at onset of ra1ny seasion. 23.`. El,iininatesix`parking spades designated at west pr;�j,�rt boundary (conflicts with I hdscap ng Plan). • APPENDIX -1 NEGATIVE DECLARATSON REGARDING ENVIRONM NTAI IMPACT1. . NOTICE IS HEREBY GIVEN that the project described` below has been reviewed pursuant 'to the provisions of the Califo�.n i F� Environmental Quality Act of 197.0 (Public Resources Code 2T100, determination has at ; se been made that it will; not have a s nau'fcant a effect upon the environment, g Eike N 84-67 2. Log # 84-0s.24-03 DESCRIPTION OF PROJECT AP n0 -,24_G2 Rezone from R-3 to pUD 3. LOCATION OF PROJECT; On the west Sado of Goodspeed Avenue, ASO deet t�ir�:}. Serviss Street, Durh�lln. l of 4. AME AND .ADDRESS OF PROJECT APPLICANT: Harold Urness 1,929 Cumngs Lane 331 . Survcyo;rs Durham 33 Wall,Street 5. CA 95928 IN1xTIGAT16N MEASURES: Chico, CA 9592G`' None 6. A copy" of the initi o this al study Tegarding the environmental project is an file at 7 'County Center. Drive, Oxaville This study was; Adopted_ as presented. Adopted with changes. Specific modifications and supporting reasons are attached, 7. A public hearing on this Negdtive Declaration was lie decision making body. held,by the Hearing Body Butte County Boaa^d of Supervisors Date of Determination-' 0ctob'far Z _ 1984 Determination: On the basis of the anatial study of, envxronmenta impact, information presented at hearings; comments P ct' the, received the Proposal and our own knowledge and independent We ixnd researcon h: the proposed project COULD NOT'have'a. significant effect on the environment an herebyoda fed. p , d a NSGAT`TVE ,T�;CLARATION is We field that the roject COULD have a s�gnfacant effect on the environntez bu:t will no�n Chas case b attached mitigation measures descried in Y ecause'of whioh tef are, b y S above this reference made condIIons of a project p6 ted, . A conditional NEGATIVE adopted: DECLARATION xs her: by Signature Al Saxaceni; Chairman Butte Cotlrity Board `of Super Visors Title 0Q1` o 904 Date • ••r 0"•`i r " AN pp F .M .yam.. . t r r •• • f F,•' ` ` ihtfiy 11 I' ' '� .¢� , i � Jr . /y1 A ' - Ir J ' 'r , , m 1 REZONE REPORT APPLICANT:: H.aro;xd Urness OWNER: Sante; REQUEST: Rezone from R-3 to PUD' LOCATION :;, 01-1 the'vest side of Goodspeed Avenue, . _ .350feet' north, of So 1'v * ss StTcat, Irurliatn DATE ACTION REQUESTED- 5/7/84 AP Nos. 4'Q-24-62 PLANNING COMMBSION FINDINGS; Acireaq . _2�,33.acxes A. lvote that the requirement s of CEQA have been completed and considered. n ata.king this decision;; and B . I'a.nd that the project does not meet tie -requirements of Butte County Coder Sections 24=49' 24-126 and the Land Use >lement page 50; and --------------- �._ PLANNING COMMISSION ACTION: C Den; tiaithout prejudice the Proposed rezone 1~r0111 R-3 to PUD on AP 40-24-62 (Vvi ess)-----_ NOTE ; 4-0 AYES: Colnntisssonc;rs VerCruser BehUnin; Lainhert and 'C]taarmari Schrader tISENT 0014naissioner ,Avis ABSTAIN: 0 { DATE. OF LAST HEARING WITH: PLANNING COMMI' SIaN Au us .3d, I084. Illl�ll,ll�orramiirs .":�. .. - i , 1 G, 1 • r � •� A.'►, sJ. .ate � � _ � �• � t:. L .w 1 t. r y, r r �F ,i F � pl "r •. �� � .. V � f i'1 { 1 ,q. rI, •1 i, I X f I r , r d � 1, r� . I •, I. t+} �• { re r r r a w �-- � ..'Jf • 9 •f t ' ✓t `4 , a I 4,- r tY t ,r � ,; :. 1 VI . • rY" ' � � •, �f H .. ��� h�: � � r P'{ �, ) 1 r I i Y +�. r f � J♦ � j � � ., .. 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