TABLE OF CONTENTS BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 2

Transcription

1 Adopted: 09/15/2016

2 TABLE OF CONTENTS ARTICLE I INTRODUCTION... 4 SECTION 1.1 INTENT OF THE GUIDELINES:... 4 SECTION 1.2 ARCHITECTURAL STANDARDS:... 4 SECTION 1.3 APPROVAL:... 4 SECTION 1.4 INSPECTION:... 5 SECTION 1.5 CITY/COUNTY APPROVAL:... 5 ARTICLE II GENERAL SUBMISSION PROCEDURES AND REQUIREMENTS... 5 SECTION 2.1 APPLICATION SUBMITTAL:... 5 SECTION 2.2 REQUIRED COPIES:... 6 SECTION 2.3 CONSTRUCTION DRAWINGS:... 6 SECTION 2.4 RIGHT OF ENTRY:... 6 SECTION 2.5 NEIGHBOR AWARENESS:... 6 SECTION 2.6 DESIGN SUBMITTAL FEES AND DESIGN REVIEW FEES:... 7 SECTION 2.7 INCOMPLETE SUBMITTALS:... 7 SECTION 2.8 NON-LIABILITY:... 7 SECTION 2.9 DISPOSITION:... 7 SECTION 2.10 TIME PERIOD:... 8 SECTION 2.11 INSPECTION:... 8 SECTION 2.12 APPEALS:... 8 SECTION 2.13 ENFORCEMENT:... 8 SECTION 2.14 VIOLATIONS:... 8 SECTION 2.15 AMENDMENTS:... 8 ARTICLE III GENERAL CONDITIONS OF APPROVAL... 8 SECTION 3.1 SIGNS:... 9 SECTION 3.2 HOURS OF OPERATIONS:... 9 SECTION 3.3 TEMPORARY STRUCTURE:... 9 SECTION 3.4 CONSTRUCTION MATERIALS:... 9 SECTION 3.5 MAINTENANCE OF IMPROVEMENTS:... 9 SECTION 3.6 CONDITIONS NOT COVERED:... 9 SECTION 3.7 CONSTRUCTION EQUIPMENT:... 9 SECTION 3.8 DRAINAGE: SECTION 3.9 CONSTRUCTION BY DECLARANT: ARTICLE IV SUBMITTAL REQUIREMENTS SECTION 4.1 SUBMITTAL CHECKLIST: SECTION 4.2 MINIMUM SUBMITTAL REQUIREMENTS: (a) Plot Plan: (b) Landscape Plan: (c) Exterior Elevations: (d) Floor Plans: (e) Roof Plan: (f) Mechanical and Solar Energy Plans: ARTICLE V SITE DEVELOPMENT GUIDELINES SECTION 5.1 WORKMANSHIP: SECTION 5.2 GENERAL DEVELOPMENT GUIDELINES: BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 2

3 (a) Heights: (b) Setbacks: (c) Chimneys: (d) Fences and Walls: (e) Planter Walls: (f) Antennae: (h) Door and Window Coverings: (i) Exterior Lighting: (j) Clotheslines: (k) Patio Structures, Sun Shades and Gazebos: (l) Sundecks: (m) Mailboxes: (n) Exterior Colors: (o) Flagpoles: (p) Mechanical and Solar Devices: (q) Backboards and Other Sports Equipment: (r) Playground Equipment: (s) Paving Materials: SECTION 5.3 LANDSCAPING AND POOL GUIDELINES (a) Approved Plant Materials: (b) Pools, Spas, Hot Tubs, Ponds and Fountains: SECTION 5.4 GENERAL MATERIALS AND COLOR GUIDELINES (a) Architectural and Structural Elements: (b) Patio Structures, Sunshades, Trellises, Gazebos and Sundecks: (c) Walls and Fences: (d) Color: SECTION 5.5 BUILDING MATERIAL GUIDELINES (a) Exterior Building Walls: (b) Window Glazing, Tinting and Shading: (c) Trim: (d) Diverters: (e) Roof: (f) Roof Vents: (g) Gutters and Downspouts: (h) Flashing: (i) Tubular Steel Fencing: (j) Walls, Fences and Gates: BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 3

4 ARTICLE I INTRODUCTION One of the most important functions of the BVE Homeowners Association (hereinafter referred to as the Association ) is the preservation of the architectural character of Bella Vista Estates. The Architectural Committee has been charged with the administration and enforcement of architectural control and design review within the community by the authority given to it in Article V of the Declaration of Covenants, Conditions and Restrictions for Bella Vista Estates (hereinafter referred to as the CC&Rs ). The CC&Rs provide for an Architectural Committee to be appointed (Article V, Section 5.1) to review all plans and specifications for any improvements proposed to be constructed within Bella Vista Estates, and to approve, conditionally approve or disapprove such proposed improvements. The CC&Rs authorize the Architectural Committee to establish, amend, repeal and promulgate Architectural Standards and to administer said Architectural Standards. Unless otherwise defined herein, capitalized words and phrases used herein shall have the meanings given them in the CC&Rs. Section 1.1 Intent of the Guidelines: These guidelines are principally concerned with the physical appearance of the Project and its community environment. The Board may, from time to time, adopt and promulgate architectural and landscaping standards (collectively, the Architectural Standards ) to be administered through the Architectural Committee. Owners must obtain Architectural Committee approval prior to commencing any construction, installation or alteration of any Improvement in Bella Vista Estates. All proposed architectural and landscape Improvements are to be submitted to the Architectural Committee for approval. All submittals must include a completed Submittal Checklist along with a completed Architectural Committee Application to be considered. No work is to start prior to Architectural Committee approval. Section 1.2 Architectural Standards: The Guidelines contained herein have been developed for Bella Vista Estates in accordance with the CC&Rs in the manner set forth above in the Introduction to this Article. The Board has the authority to establish the exact procedural rules and the exact amount of the fees and deposits required to be paid by an Owner within the parameters of the guidelines established by the Architectural Standards. Section 1.3 Approval: The Architectural Committee shall approve an application only if it determines that (a) installation, construction or alterations of the improvements in the locations proposed will not be detrimental to the appearance of the Project as a whole, (b) the appearance of the proposed improvements will be in harmony with the existing improvements and the overall design theme in the Project, (c) installation, construction or alteration of the proposed improvements will not detract from the beauty, wholesomeness and attractiveness of the Project or the enjoyment of the Project by the Owners, (d) maintenance of the proposed improvements will not become a burden on the Association, (e) the proposed improvements are consistent with the Management Documents, and (f) the proposed change does not violate any governing provision of law. The Architectural Committee may condition its approval of plans and specifications with such BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 4

5 changes it deems appropriate and may require submission of additional plans and specifications or other information or materials prior to approving or disapproving plans and specifications. The Architectural Committee shall deliver its written approval, disapproval or request additional information or material to the applicant no later than sixty (60) days after the Architectural Committee has received the complete application. In the event the Architectural Committee fails to approve or disapprove plans and specifications within sixty days (60) after receipt by the Architectural Committee of all materials requested, such plans and specifications shall be deemed approved. Section 1.4 Inspection: Failure to complete improvements in substantial conformance with approved plans and specifications within the time limitation established for such improvements in the Architectural Standards is a violation of the CC&Rs, which may require disciplinary action as described in Article IV, Section 4.2 of the Bylaws. An Owner must complete the improvements and notify the Architectural Committee immediately upon the completion of such improvements within a timeframe that will ensure that the improvements may be approved by the Architectural Committee within the time limitation established by the Architectural Committee for such improvements allowing time for the Architectural Committee, or its designated representatives, to make inspections of completed improvements, for the owner to perform any corrective work that may be required in the event that one or more Notices of Noncompliance are issued by the Architectural Committee, and for the Architectural Committee, or it designated representatives, to make any necessary reinspections thereafter. Owners must also comply with the architectural control requirements of Article V of the CC&Rs and other provisions of the Management Documents. The Architectural Standards may be more restrictive than the provisions of any other restrictions, ordinances or regulations as long as the provisions of the Architectural Standards do not conflict with the provisions of any other restrictions, ordinances or regulations. In the event of any conflict between the provisions of the Architectural Standards and the provisions of the CC&Rs, the provisions of the CC&Rs shall prevail. Section 1.5 City/County Approval: Please be aware that approval of the Architectural Committee is for aesthetic purposes only and that all necessary County of Riverside building permits must be obtained and that all county ordinances and regulations must be adhered to at all times. After the Architectural Committee has approved the plans, the local regulatory agencies must be contacted to be sure that the plans are in compliance with all building, zoning, health and other applicable regulations currently in force. ARTICLE II GENERAL SUBMISSION PROCEDURES AND REQUIREMENTS The approval of any improvement by the Architectural Committee does not waive the necessity of obtaining the required county permits. Obtaining a county permit does not waive the need for Architectural Committee approval. Section 2.1 Application Submittal: All applications are to be made to BELLA VISTA ESTATES HOMEOWNERS BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 5

6 ASSOCIATION. Applications may be mailed or delivered to: BELLA VISTA ESTATES HOMEOWNERS ASSOCIATION C/O Encore Property Management 526 Queensland Circle, Corona, CA P.O. Box 1117 Corona, CA Telephone inquiries should be directed to: (951) Architectural Coordinator All requests for Architectural Committee approval must be made on the standard Bella Vista Estates Homeowners Association Architectural Committee Application forms and include a completed copy of the Submittal Checklist and Neighbor Awareness Form. One set of application materials is provided with these guidelines or may be obtained from the management company. Faxed copies will not be accepted. Applications submitted directly to Architectural Committee members will not be accepted and will be returned to applicant for submittal as noted above. Section 2.2 Required Copies: Three (3) complete sets of plans, showing the items requested in these Guidelines that apply to the appropriate housing type, must be submitted with the application. Section 2.3 Construction Drawings: Plans must be prepared in accordance with applicable building codes and with clarity and completeness. It is recommended that construction drawings (at a scale of ¼ =1 0 ) for work involving major Improvements, or work requiring variances, be submitted at the preliminary drawing stage for review by both the Architectural Committee and the County of Riverside. Samples of all proposed architectural and hardscape materials must be submitted with the construction drawings. Photographs and/or brochures are acceptable, provided that the color, shape, size and character of the proposed materials is depicted. Section 2.4 Right of Entry: If construction work requires the use of Common Area for purposes of transporting labor and materials, or for the temporary storage of materials for the work, the applicant shall obtain written permission from the Association for the Right of Entry during the course of construction. A copy of this letter granting permission shall be filed with the Architectural Committee prior to the commencement of construction. Section 2.5 Neighbor Awareness: The intent of this portion of the Architectural Application form is to advise neighbors who own property adjacent to the proposed work in an attempt to avoid potential conflicts. This will necessitate obtaining the signature of your neighbor(s) on the application form in the spaces provided. The neighbors who must sign the Neighbor Awareness Form must also initial each and every sheet of drawings they are provided for review. Please contact the management company to determine which neighbors you must obtain a signature from. In the event of neighbors who are uncooperative in reviewing plans, a good faith effort must be made to obtain BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 6

7 the signatures, as evidenced by furnishing copies to the Architectural Committee of a registered letter transmitting plans and requesting review. The Neighbor Awareness Form is intended as a notification tool only. By requiring notification, this will promote discussion between homeowners and hopefully resolve any disputes before the improvements are submitted for approval. The approval or disapproval of architectural plans by the Architectural Committee is not based solely on the Neighbor Awareness Form. No application will be considered a complete submission until the neighbor awareness condition has been met to the satisfaction of the Architectural Committee. Section 2.6 Design Submittal Fees and Design Review Fees: There may be fees to submit and review plans. The Architectural Committee and/or Board of Directors may amend all submittal fees and review fees from time to time as the costs of professional consultants change. Section 2.7 Incomplete Submittals: To avoid unnecessary delays and expenses, the management company shall not accept incomplete submittals for consideration. Incomplete submittals shall be returned to the applicant along with a note indicating the area of deficiency. If the management company and/or Architectural Committee accepts an incomplete submittal either by exception or error, the acceptance does not deem the submittal complete. The Architectural Committee may proceed with the review and deny formal approval until a complete package is submitted. Section 2.8 Non-Liability: Plans and specifications are not approved by the Architectural Committee for (a) engineering design, (b) compliance with zoning and building ordinances, or other applicable statutes, ordinances or government rules or regulations, (c) compliance with the requirements of any public utility, (d) any easement or other agreement, or (e) preservation of any view. By approving or disapproving such plans and specifications, neither the Architectural Committee, the members thereof, the Association, the Owners, the Board, nor Declarant assume liability or responsibility therefore, or for any defect in any improvement constructed from such plans and specifications or for any obstruction or impairment of view caused or created as the result of any improvements approved by the Architectural Committee. Section 2.9 Disposition: Upon approval, disapproval, or in the event the Architectural Committee requests clarification or additional information, all submissions shall be distributed as follows: (a) (b) (c) (d) One plan shall be retained by the Architectural Committee as its working copy. One approved plan shall be placed in the Association files. One approved plan shall be returned to the Owner, who shall be required to maintain the same at the work site during the course of construction until such time as a final inspection has been made by the Architectural Committee or its designated representative. Disapproved plans or those requiring clarification or additional information shall BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 7

8 be returned to the Owner. Said plans shall be included in subsequent submittals. Section 2.10 Time Period: Each original Owner shall obtain Architectural Committee approval for and complete the back yard landscaping on his or her Lot within twelve (12) months after recordation of the close of escrow for the sale of that Lot by Declarant to such Owner. All other approved work shall be completed within six (6) months of approval. Section 2.11 Inspection: The Architectural Committee or its duly authorized representative may inspect any work for which approval of plans is required. When the work is complete, the applicant shall immediately provide the Architectural Committee with written notice of completion on the form prescribed by the Architectural Committee along with photos. Section 2.12 Appeals: All requests for reconsideration must be in writing and submitted to the Association not more than fifteen (15) days following the final decision of the Architectural Committee. The Board shall submit such requests to the Architectural Committee for review, whose written recommendation will be submitted to the Board. Within forty-five (45) days following the receipt of the request for appeal, the Board shall render its written decision. The failure of the Board to render a decision within said forty-five (45) day period shall be deemed a decision in favor of the appellant. Section 2.13 Enforcement: Failure to obtain the necessary approval from the Association may constitute a violation of the CC&Rs and may require modifications or removal of work at the expense of the Owner. Section 2.14 Violations: All Owners have the right and the responsibility to bring to the attention of the Architectural Committee any violations of any of the Architectural Standards or the provisions of the CC&Rs. Persons who believe a violation has occurred may file a written complaint with the Association. Section 2.15 Amendments: These Architectural Standards, along with the provisions set forth in the CC&Rs, form the basis and criteria for evaluation of plans and specifications submitted for review and approval by the Architectural Committee. Any condition or material not defined in the CC&Rs or the Architectural Standards shall become a matter of discretionary judgment on the part of the Architectural Committee acting in good faith on behalf of the best interests of the Association as a whole. The Architectural Standards may be amended from time to time at the sole discretion of the Board, as set forth in the CC&Rs, for any purpose that includes, but may not be limited to, more fully defining their original intent. ARTICLE III GENERAL CONDITIONS OF APPROVAL The following shall be the conditions of any architectural approval and shall be incorporated by BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 8

9 reference only as the approved plans or Architectural Committee s letter of approval. It shall be the responsibility of the Owner of the Lot on which an approval was granted to ensure that these conditions are enforced upon all persons or firms used, engaged or employed in carrying out any operation or trade in conjunction with said improvement. Section 3.1 Signs: No signs shall be displayed to the public view on any portion of the Project, except as permitted by Article XI, Section 11.2 of the CC&Rs. Section 3.2 Hours of Operations: All operations shall be carried on between the hours of 7:00 a.m. and 6:00 p.m. on Monday through Friday and between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays. Work shall not be permitted on Sundays or Holidays. In the event that County ordinances are more restrictive, the County ordinances shall prevail. Section 3.3 Temporary Structure: Per Article XI, Section 11.5 of the CC&Rs, no structure of a temporary character (including, without limitation, temporary shades, tents and restrooms), trailer, basement, shack, barn, storage building or shed or other outbuilding shall hereafter be use used on any Lot at any time either temporarily or permanently by anyone other than Declarant, or any affiliate thereof, without the prior consent or approval of the Architectural Committee. Section 3.4 Construction Materials: All construction materials must be stored within an Owner s Lot. Any construction materials that are delivered and deposited on the streets or on any other Common Area must be relocated to the Owner s Lot. The Owner who is making the improvements shall be responsible for removing all debris and maintaining all portions of the Common Area affected by the Owner's construction activities, including any streets and walkways, in a clean and attractive condition. The Board has the right to levy Special Assessments against the Owner who is making the improvements to recover the cost of cleaning and/or restoring any Common Area to the condition that existed prior to the commencement of such improvements. Section 3.5 Maintenance of Improvements: The repair and maintenance of any work or improvement will be the responsibility of the installing Owner or subsequent Owner. Section 3.6 Conditions Not Covered: Any condition not covered or material not contained within these Guidelines shall become a matter of judgment on the part of the Architectural Committee. Section 3.7 Construction Equipment: The Owner who is making improvements shall be responsible for insuring that construction equipment such as trucks, concrete mixers, trailers, trash bins, and compressors shall not be parked or placed on the streets for a period greater than seventy-two (72) hours. Additionally, all construction equipment is strictly prohibited from all other Common Area. The Board has the right to levy against the Owner who is making such improvements, Special Assessments as a disciplinary measure for a violation of the foregoing regulation and for reimbursement of any BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 9

10 costs incurred by the Association in the repair of damage for which such Owner, or such Owner s agents or contractors was allegedly responsible. Section 3.8 Drainage: There shall be no interference with the rain gutters, downspouts, or other drainage systems (whether surface or subterranean) originally installed by the Declarant, or any other interference with the established drainage pattern over any Lot or Common Area, unless an adequate provision, previously approved in writing by the Architectural Committee, is made for proper drainage. Section 3.9 Construction by Declarant: Nothing in these Guidelines shall limit the right of the Declarant to alter the Common Area or any other portion of the Project owned or leased by Declarant or to construct such additional improvements as Declarant deems advisable prior to the completion of improvements upon and sale of the Project. Article XVII, Section of the CC&Rs exempts Declarant from compliance with the architectural control provisions of the CC&Rs, and therefore, no approvals shall be required from the Architectural Committee for any construction by the Declarant. ARTICLE IV SUBMITTAL REQUIREMENTS In addition to the general submission procedures described in these Architectural Standards, Owners other than Declarant shall comply with the following submission guidelines: Section 4.1 Submittal Checklist: There are four parts to the attached Submittal Checklist. The first part lists the submittal requirements for All Improvements, which must be included with any and all submittal requests. The second part lists the submittal requirements for Landscape Improvements (e.g., plant material, hardscape, spa and pool, and fences and walls). The third part lists the submittal requirements for Exterior Improvements (e.g., trellis, gazebo, sunshade, balcony, window and door treatment and exterior color or material changes). The fourth part lists the submittal requirements for Space Improvements (e.g., room additions or conversions). If you are applying for landscape improvements, you must submit all of the items listed under the Landscape Improvements part of the checklist. If you are applying for exterior improvements such as a trellis or gazebo, you must submit all of the items listed under the Exterior Improvements part of the checklist. If you are applying for a room addition or conversion, you must submit all of the items listed under the Space Improvements part of the checklist. If you are applying for improvements involving items related to more than one part of the checklist, you must include all of the items for all of the parts of the checklist related to the improvements you are applying for. For example, if your request involves a landscape plan with a gazebo or shade structure, you must submit items required for both the Landscape Improvements and Exterior Improvements parts of the checklist. All applications shall include the items listed under the All Improvements part of the checklist. BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 10

11 Section 4.2 Minimum Submittal Requirements: When required by the checklist, each type of drawing submitted must include the minimum amount of information listed below: (a) Plot Plan: (i) Show lot lines accurately as to length, angles and amount of curve. Show all existing and proposed buildings, structures, fences, walls, sidewalks and other Improvements. Indicate all required setbacks, easements and top or toe of slopes. (ii) Show all dimensions on work to be considered. Include distances between existing and proposed work and distances between proposed work and property lines, setback lines and slopes. (iii) When proposed improvements involve changing existing grades by more than 1'-0" or changing existing drainage, show contours or spot elevations, flow lines, finish grades and proposed drainage systems. Drawings for proposed improvements changing existing drainage shall be prepared by a registered civil engineer or licensed landscape architect. (b) Landscape Plan: (i) Include proposed walkways and other hardscape, planting areas and plant names, decks, fences and walls, stairs, trellises, arbors, gazebos, spas, ponds, fountains, ornamental rocks, barbecues, courts, play equipment, apparatus and yard lighting (may be included as part of Plot Plan). (ii) Proposed fences and wall drawings shall note materials, colors and heights. Heights shall be noted in relation to the immediate ground elevations. (iii) Pool and spa plans shall include the location, size and sound mitigation treatment of all mechanical equipment, as well as a soils report and structural report. (c) Exterior Elevations: (i) Provide exterior elevations of all proposed structures including trellises, gazebos, and shade structures. When the proposed improvement is attached to the existing home, show the existing elevation in relation to the proposed improvement. Elevations may be submitted in the form of line drawings to ¼ = 1.0 scale or accurate and clear photographs. (ii) Note all finished materials, colors and textures of proposed work. Note if proposed finishes and materials are to match existing finishes and materials. (iii) A color and materials submittal must be included clearly depicting the proposed materials. BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 11

12 (d) Floor Plans: (i) Indicate all walls, columns, openings and any condition or feature that will affect the exterior design of the structure. (ii) Show dimensions of proposed work and related existing work; indicate relationship. (iii) Delineate all parts of the exterior that cannot be shown on elevation drawings. (iv) Identify square footage of proposed work and existing work. (e) Roof Plan: (i) Show all existing and proposed roof surfaces. Note pitches and overhangs. (ii) (iii) Call out existing and proposed roof materials and colors. Provide a roof tile material sample. (f) Mechanical and Solar Energy Plans: (i) Include all mechanical devices exposed to the exterior and all solar collectors, racks, storage facilities and distribution components. ARTICLE V SITE DEVELOPMENT GUIDELINES The following site development guidelines shall apply to all Improvements except such work undertaken by Declarant. Section 5.1 Workmanship: All improvements shall be performed in a manner consistent with the guidelines of the existing structures, fences, etc. Any work deemed by the Architectural Committee as not meeting the guidelines shall be reworked to meet those guidelines or removed and the improvements restored and any damage or destruction to any Common Area caused by such improvements repaired or replaced to the condition that existed prior to commencement of the work by the Owner. In the event the Owner refuses to rework, remove and/or restore as called for above, the Architectural Committee shall request the Board of Directors to cause such rework, removal and/or restoration and the cost thereof shall be assessed to the Owner. BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 12

13 Section 5.2 (a) Heights: General Development Guidelines: (i) Dwellings: Heights of improvements other than landscaping shall be restricted to the maximum height of the existing structure and must be compatible with the intent of the existing structure with respect to massing and enclosure. (ii) Other Structures: Maximum height of the occupiable area of all other structures including patio structures, trellises and gazebos shall be limited to ten (10) feet in height. (b) Setbacks: Minimum setback guidelines for the Project are established in conformance with the applicable County of Riverside building and zoning codes. These guidelines affect all improvements, including without limitation, buildings, out-buildings, garages, carports, pools, recreation facilities, parking areas, awnings, patio covers, balconies, stairs and decks. In the case of irregular shaped Lots or flat Lots, the Architectural Committee may establish front, side and rear yard setbacks, consistent with the approved minimum guidelines, to allow alternative siting of improvements. All freestanding structures, regardless of size, require approval from the Architectural Committee. (c) Chimneys: No chimney may extend higher than the maximum height as required by the Building Code of the County of Riverside. (d) Fences and Walls: Fences, walls and gates shall not be installed, removed, reconstructed, relocated or modified as to structure, finish or color without the prior written consent of the Architectural Committee and the County of Riverside. Double walls constructed side by side shall not be permitted. Fences, walls and gates shall not exceed six (6) feet in height. Retaining walls are subject to the approval of the Architectural Committee and County of Riverside. Such approval by the Architectural Committee shall be as to the aesthetic appearance of the wall but shall not be deemed to warrant or approve in any manner the engineering or structural design of the wall. Planter walls cannot be backfilled or retain against existing walls. Structural framing and/or unfinished sides of fences or walls shall not be exposed to any public right-of-way, Common Area or other Lot. Side yard return walls shall be masonry with a wood or wrought iron gate. All walls, fences and gates must properly screen any element, as required in these guidelines. Wood fences are prohibited. (1) Side Yard Walls The Architectural Committee will approve requests to modify side yard walls if the owner first obtains the approval of the adjoining neighbor and the County of Riverside and agrees to construct the wall so that it matches the material, color and height of the existing wall. The Owner must also consult with a professional BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 13

14 soils and structural engineer as to the design of the wall. (2) Side Yard Gates The side yard gates shall be tubular steel to match the existing side yard gates within the Project. The specification shall match the detail on the approved fence and wall plans. (3) Perimeter Walls The perimeter walls shall be rebuilt to match the existing perimeter walls. No modifications to the perimeter wall design or location shall be allowed unless the Owner gets written permission from the County of Riverside and approval from the Architectural Committee. The Owner must also consult with a professional soils and structural engineer as to the design of the wall. (e) Planter Walls: Building materials used to construct decorative planters should blend in and compliment the style of the home and match any architectural element such as stone, brick or stucco on the front exterior. These materials are subject to the Architectural Committee s approval. Planter walls cannot be backfilled or retain against existing walls. All planter walls shall also have an approved drainage system located near the wall footing. (f) Antennae: No radio station or shortwave operators of any kind shall operate from any Lot. No outside antenna shall be constructed, erected or maintained at any time on any Lot (except as specifically permitted pursuant to the regulations of the Federal Communications Commission in promulgating the Telecommunications Act of 1996 and Section 4725 of the California Civil Code) unless they are contained within a building or underground conduits. Appliances or installations upon the roof of any residential or accessory structure, except for solar panels or other appliances installed by Declarant, shall not be permitted unless they are approved by the Architectural Committee. No antenna, or other device described in Section of the CC&Rs shall be constructed, erected, altered, placed, or permitted to remain on any Lot without the prior written approval of the Architectural Committee except as specifically permitted pursuant to the regulations of the Federal Communications Commission in promulgating the Telecommunications Act of 1996 and Section 4725 of the California Civil Code. The size of the antenna must be compatible in scale with its location. Further, an antenna will not be approved by the Architectural Committee unless the antenna is reasonably screened from view by adjacent Lots and common area with the use of fences, hedges, or other appropriate plant materials chosen by the owner and approved by the Architectural Committee. The antenna must be screened by landscape that is, or will be, located solely on that Owner s Lot behind the front wall. Any antenna designed to look like a patio umbrella must also receive approval under these criteria. Any cables must be painted to match the house so as to blend in with the surrounding area. BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 14

15 The goal of the Architectural Committee will be to balance the aesthetic requirements of the community with the reasonable functionality of the antenna. The Committee shall: (i) Strive to prohibit the location of the Authorized Antenna from the front yards or portions of the roof that face the front yard. (ii) Require reasonable screening of the antenna from view by other surrounding properties where the dish is approved for the roof. Such screening shall be accomplished, for example, by modifying the roof in order to inset the antenna into the existing roofline or by augmenting the roof structure such that it remains consistent with the existing form of the roof. (iii) Require reasonable screening of the antenna from view by surrounding properties where the antenna is located in the yard of a Lot. Such screening shall be accomplished in order of priority by: (A) Lowering the grade elevation of the pad supporting the antenna such that the top of the dish shall not exceed the height of any existing opaque perimeter Lot wall or fence. (B) Installing landscape materials around the dish to screen the antenna from view. (C) view. (D) Installing walls/fences around the dish to screen the antenna from Combination of the above. (iv) Operate in good faith and in the best interests of the community in reviewing applications for antennae. The Committee shall require reasonable mitigation of the visibility of the antennae in order to promote aesthetic compatibility of the antennae with the surrounding properties. If it is determined by the Committee that antennae are regulated by City, State, or Federal Agencies such that these or other Architectural Standards of the BELLA VISTA ESTATES HOMEOWNERS ASSOCIATION may be limited in their enforceability, the adoption of these guidelines shall not be construed as an absolute obligation of the Association to litigate the enforceability of its Architectural Standards for antennae. (v) All architectural applications concerning antennae shall: (A) Include plot plans showing the location of the antenna in relation to adjoining structures; (B) Specify the antenna s shape, height, width, diameter and shall include a photograph or drawing of the antenna; and (C) Include a landscaping or fence plan showing the type, locations, BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 15

16 elevation and color (in the case of a fence) of trees, bushes, shrubs, plants, hedges or fences designed for the purpose of screening the antenna. The Association will determine if the screening chosen by the homeowner is appropriate by considering the following criteria: (1) The effect of the antenna s location on neighboring property; (2) The location and heights of the antenna with respect to visibility, color scheme and aesthetic beauty; (3) Whether the antenna conforms and is in harmony of external design with the surrounding and neighboring structures; and (4) The location of the antenna in relation to the topography, surrounding and natural obstructions, grade and finished ground elevation of the neighboring property. (h) Door and Window Coverings: No visible screen door shall be permitted on any front or main entry door. The Architectural Committee may permit rollaway-type screen doors after review. Photographs or brochures of proposed rollaway screen doors must be submitted. No aluminum or metal awnings or coverings shall be permitted over windows or patios. Windows shall not be covered with unsightly material such as aluminum foil, paint, newspaper, etc. (See also Article XI, Section of the CC&Rs.) (i) Exterior Lighting: No exterior lighting shall be placed or maintained upon any Lot so as to cause an unreasonable glare or illumination upon any other Lot or Common Area. (j) Clotheslines: Outside clotheslines shall not be erected unless they are placed and maintained so as not to be visible from neighboring Lots and Common Area. (k) Patio Structures, Sun Shades and Gazebos: All patio structures, sunshades and gazebos shall be constructed according to the approved beam, rafter and footing specifications of the County of Riverside. Patio covers must be constructed with wood or alumawood and may have wood, brick, or stucco support columns that are compatible with the existing dwelling unit materials. Patio covers and patio cover columns of stucco or wood shall be designed and painted to match the style and color of the house or the house trim. Side elevations of shade structures shall not be enclosed in any manner, except in the case where a wall of a dwelling forms a natural enclosure to some or all portions of a side elevation. Patio covers may be painted white or match the stucco color or trim color of the dwelling. BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 16

17 (l) Sundecks: No sundecks are permitted on or over any portion of a second story roof (e.g., crow s nests, etc.). Floor heights for decks are limited to those of the existing second floor living levels. All sun decks shall be directly accessible from living unit levels. A sundeck is further defined as a balcony, open porch, etc., that is attached to the house at second floor level height. (m) Mailboxes: The mailboxes will be the responsibility of the Association. No Owner may change the mailbox they are provided. (n) Exterior Colors: Exterior colors of all existing improvements shall not be changed or altered without the consent of the Architectural Committee. All colors shall be consistent with existing colors of the Project. (o) Flagpoles: The design, material and installation of flagpoles of any kind (including decorative or seasonal flags) shall be subject to the review and approval of the Architectural Committee. (p) Mechanical and Solar Devices: All mechanical equipment exposed to the exterior, including pumps, heaters, airconditioning compressors, and solar devices including collectors, shall be subject to review and approval of the Architectural Committee. The design of the proposed solar panel/mechanical device shall be integrated into the roof design of the building and be flush with the existing roof slope. Frames must be colored to compliment the roof. Natural aluminum frames are prohibited. All mechanical equipment exposed to the exterior shall be located in a manner to minimize visual impact. (q) Backboards and Other Sports Equipment: Unless otherwise approved by the Architectural Committee, no basketball backboards or other sports equipment or facilities may be installed anywhere within the Project; provided, however, that an Owner may erect a temporary basketball backboard if such temporary basketball backboard is stored out of sight from any Common Area, Association Maintenance Areas and common drives at all times when not in use. (r) Playground Equipment: Design of all proposed playground equipment shall be subject to height limit requirements and must be reviewed and approved by the Architectural Committee. (s) Paving Materials: Enhancement of front yard hardscape is subject to the approval of the Architectural Committee. No more than 40 percent of the yard is to be paving material. All exterior paved areas exposed to common drives shall be of materials and colors consistent with existing treatments and approved by the Architectural Committee. BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 17

18 Applicant will be responsible for replacing all Common Area and/or Association Maintenance Areas damaged during the installation of such enhancements. Modification to the Common Area and/or Association Maintenance Area irrigation system is prohibited unless otherwise approved by the Architectural Committee. Modification to the Common Area and/or the Association Maintenance Area irrigation system will be done by the Association at the applicants expense. Section 5.3 Landscaping and Pool Guidelines (a) Approved Plant Materials: The plant palette (see Exhibit A ) contains a list of plant material approved by the Association that has been selected based on visual and aesthetic considerations only. This list is not intended to restrict Owners from using plant materials that are not included on Exhibit A. No representation, explicit or implicit is made as to the soil suitability or disease resistance of the attached list of plant material. Owners are encouraged to use drought tolerant plants. Owners are encouraged to select plant material suitable to the general environment and appropriate to the area. All 24 box trees shall be double staked and 15 gallon trees shall be single staked. All trees shall be tied to stakes with a rubber cinch tie or equal. All trees in turf areas shall require arbor guards. Sunset Western Garden planting zones for sun and shade exposures should be a determining factor for the selection of shrubs. (i) Each Owner shall complete the installation of landscaping on the rear yard of the Lot in accordance with a plan approved by the Architectural Committee no later than twelve (12) months after the Close of Escrow. (ii) The Architectural Committee shall have the right, but not the obligation, to require any Owner to remove, trim, top or prune any bush, tree, shrub or plant that in the reasonable belief of the Architectural Committee detracts from the appearance of the Project or unreasonably obstructs the view from another Lot. (iii) Each Owner agrees that the established drainage pattern over his or her Lot from and to any other Lots will not be interfered with, or that the adequate provisions for proper drainage will be made in the event it is necessary to change said established drainage. (iv) All Owners of Lots shall continuously maintain and properly water any slope within their rear yard. All Improvements located within the slope areas such as landscaping and sprinklers shall be maintained in a safe condition and state of good repair. The Architectural Committee must approve any re-planting of a slope area. (v) All Owners of Lots shall install a minimum of sixty percent (60%) planting area and a maximum of forty percent (40%) hardscape. A minimum shrub area shall be at least twenty percent (20%) of the total front yard area. Turf area must not exceed seventy-five percent (75%) of the front yard area (excluding driveways), leaving at least five percent (5%) for hardscape. BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 18

19 (vi) Each Owner of a Lot shall keep all shrubs, trees, grass and plantings of every kind on his or her Lot neatly trimmed, properly cultivated, irrigated and free of trash, dead plants, weeds and other unsightly materials. (vii) Each Owner will provide the Architectural Committee an irrigation design for landscaping. The irrigation system must be designed to provide adequate water to maintain all plant materials in a healthy condition. The system must also contain a sufficient number of sprinkler heads to allow adjustments needed to prevent overspray onto hardscape, walls, and the adjacent Lots and Common Area. Excess or insufficient water can cause serious damage to the Lot and hardscape improvements. (b) Pools, Spas, Hot Tubs, Ponds and Fountains: (i) Pools, spas, hot tubs, ponds and fountains shall be subject to review and approval by the Architectural Committee. (ii) All accessory equipment shall be located, screened, or recessed in such a manner so as not to be viewable from any other Lot or street. (iii) Heaters shall be stackless or low profile in configuration. (iv) All equipment installations shall be located, sound controlled and maintained in such a manner so as not to unreasonably disturb residents of other Lots. The Architectural Committee shall have the right, but not the obligation, to require any Owner to repair or restore any installation to quiet operation or restrict its use or operation if, in the reasonable opinion of the Architectural Committee, continued use or operation disturbs residents of other Lots. (v) Pools shall be designed by a licensed engineer and licensed geotechnical consultant in compliance with all applicable codes of the County of Riverside and in accordance with the attached pool recommendations in Exhibit B. Section 5.4 General Materials and Color Guidelines (a) Architectural and Structural Elements: Exterior plaster or stucco will be the primary wall surface material with a smooth or raked finish texture. Heavy textures such as Spanish lace, swirl or heavy trowel are prohibited. Wall finish colors shall be selected from the approved color palette. Accent materials and colors used to compliment the stucco are allowed and encouraged in moderation. Wood trim shall be stained with semi-transparent-stains or painted as accents. The use of tile, brick, stone and masonry are permitted as design accents and trim. (b) Patio Structures, Sunshades, Trellises, Gazebos and Sundecks: Structures including overhead elements may be of wood construction. Vertical support members may be wood, stucco, or masonry to relate to existing structures. BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 19

20 Roofing materials shall match the roof material of the dwelling or be open wood beams. Structures of exposed metal and roofing materials composed of gravel, built up roofing, asphalt shingles or shakes, composition roofing plastic, or fiberglass are prohibited. (c) Walls and Fences: Approved materials for walls and fences other than the perimeter walls shall include masonry material or stucco covered fences, brick, painted tubular steel fencing, or wood painted to match existing building fencing. Chain link, poultry wire and other types of woven wire (including, but not limited to, plastic coated wire, aluminum, and sheet metal), plastic or fiberglass materials (other than vinyl, clear non-patterned tempered glass or plexiglass), reed or straw-like materials, rope and other fibrous strand elements, concrete block (plain or painted), wood picket, and split rail are not permitted. (d) Color: Color is intended to act as a primary theme-conveying element. In general, the values should remain light, although darker or lighter accents are encouraged to highlight the character of the building, especially on balcony rails and moldings. The use of vinyl or aluminum siding is prohibited. Exterior colors of buildings shall match those applied by Declarant and/or comply with the color palette approved by the Architectural Committee. Section 5.5 Building Material Guidelines (a) Exterior Building Walls: (i) Material allowed for exterior cover of building walls shall include any of the following: (A) (B) (C) Brick or stone to match existing accents. Stucco, sand texture finish, color to match existing. Siding to match existing. (ii) Exterior cover material treatment used on the building walls shall be continuous and consistent on all elevations of a residence in order to achieve a uniform and complete architectural design statement. (iii) Two story wall surfaces shall be treated in one or more of the following ways in order to break up the flat appearance of the wall plane: (A) (B) (C) (D) Balcony or other projection. Change of plane between first and second story. Change in finish material. Other treatments approved by the Architectural Committee. BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 20

21 (b) Window Glazing, Tinting and Shading: Glass tinting or shading must be compatible with the existing treatment. Reflective glass film and plastic roll up shades shall not be permitted. Exterior shades of any type shall not be permitted. Tinting windows may void any warranties for the windows. (c) Trim: Fascia, window trim, and exterior door trim shall be resawn wood or compatible with existing materials with paint compatible with the existing treatments. (d) Diverters: Galvanized iron or aluminum diverters shall be painted to match roof vents or roof material. (e) Roof: All roofing materials shall be concrete tile and shall be compatible with the existing treatment. All roof pitches shall match existing roof pitches. (f) Roof Vents: All roof vents shall be colored to match the roof. (g) Gutters and Downspouts: All gutters shall be colored to match the color of the roofing trim, and all downspouts shall be colored to match the color of the house or trim. (h) Flashing: All flashing shall be colored to match the roof or wall surface surrounding it. (i) Tubular Steel Fencing: All tubular steel fencing shall be galvanized or bonderized prior to applying the finish color and shall match the existing color. (j) Walls, Fences and Gates: All walls and fences that exist on the Lots shall not be altered in any manner. Side yard return walls and fences shall match existing conditions in design, finish materials, colors and construction. The design, construction, and finish material of any gates are to match the same of the main structure, side yard walls or perimeter walls. BELLA VISTA ESTATES ARCHITECTURAL GUIDELINES 09/15/16 21