THE COAST HOMEOWNERS ASSOCIATION ARCHITECTURAL CONTROL COMMITTEE DEVELOPMENT STANDARDS

Transcription

1 THE COAST HOMEOWNERS ASSOCIATION ARCHITECTURAL CONTROL COMMITTEE DEVELOPMENT STANDARDS Adopted by the Board of Directors November 2009 Revised by the Board of Directors April 5,

2 TABLE OF CONTENTS I. STATEMENT OF PURPOSE... 1 II. ARCHITECTURAL CONTROL COMMITTEE... 2 A. Establishment Of Architectural Control Committee... 2 B. Authority Of Architectural Control Committee... 2 C. Qualification For Architectural Membership... 2 D. Architectural Control Committee Meetings... 3 E. Approval, Denied, Approved with Conditions... 3 F. Appeal... 3 G. Variance... 3 H. Inspection of Work... 4 I. Standing Still... 4 J. Inspection of Completed Alterations... 4 K. Enforcement Policy... 4 L. Release of Liability... 5 III. ALTERATIONS REQUIRING APPROVAL... 6 A. Structures and Additions... 6 B. Landscaping... 6 C. Exterior Surfaces... 6 D. Signs... 6 E. View Obstructions... 6 F. Drainage... 6 G. Excavations... 6 H. Demolition... 6 IV. HOME IMPROVEMENT APPLICATION PROCEDURES... 7 A. Home Improvement Application... 7 B. Classification of Alterations... 8 C. Drawings, Plans and Specifications... 8 D. Neighborhood Awareness E. City and Other Approvals F. Fee Requirements with Submittal / Prior to Construction V. HOME IMPROVEMENT APPLICATION PROCESSING A. Basis of Decisions B. Disposition Of Plans C. Review By Independent Architect D. Appeal E. Failure To Obtain Approval F. Inspection of Work G. Project Completion H. Inspection of Completed Alterations I. Nonconformity VI. DEVELOPMENT STANDARDS A. Landscape and Hardscape... 19

3 1. Aesthetics Drainage Views and Encroachment Raised Planters Barbeques / Outdoor Kitchens Fireplaces / Fire Pits Trees Synthetic Turf & Putting Greens Paved Areas Drive Aprons and Driveways Decorative Rock Shrubs/Groundcover and Turf At Grade Patios Yard Fences / Walls and Hedges On-Lot Driveway Vehicular Gates Exterior Lighting Mailboxes Play Equipment / Structures Pools / Spas / Hot Tubs / Ponds and Fountains B. Architectural Character and Structures Heights Setbacks Site Coverage Square Footage / Bulk Exterior Building Walls Roofs and Re-Roofing Windows and Doors Fascia / Gutters and Downspouts Rooftop Appliances Chimneys Overhangs and Other Building Projections Garages Solar Power and Thermal Systems Balconies and Raised Decks Patio Structures / Sun Shades / Trellises / Pavilions and Gazebos Exterior Colors Temporary or Portable Structures Exposed Equipment Trash Containers and Storage Areas Satellite Dish and Antennas Pet Houses Flags / Banners and Signs Air Conditioners Screen Doors and Security Bars Rain Barrels Unspecified Items Slope Areas and Recreational Areas... 38

4 ATTACHMENTS Exhibit A - Home Improvement Application Exhibit B - Submission Standards Checklist Exhibit C - Neighbor Notification Statement Exhibit D - Notice of Completion Exhibit E - Paint Submittal Example Exhibit F - Site Plan Example Exhibit G - General Conditions of Approval

5 I. STATEMENT OF PURPOSE In order to preserve and enhance the position of The Coast as a desirable neighborhood in San Clemente, the Board of Directors of The Coast Community Association) has adopted these Development Standards (also sometimes referred to herein as Standards ). These Development Standards have been produced by the Board of Directors and Architectural Control Committee in an attempt to advance the interests of the Association and the Owners as a whole while not unduly intruding on the desire of individual Owners to improve their property. These Development Standards are intended to act as a tool to assist Homeowners and design professionals in creating design solutions unique to their specific Lot, while perpetuating and honoring the existing design philosophy and character of The Coast. Through The Coast Architectural Control Committee (sometimes referred to herein as the ACC or Committee ), the Board desires to implement these Standards and to enforce the same for the mutual benefit of each member of the Association. To implement this policy effectively, Members must support these Standards individually and collectively and manage the workmanship of hired craftsmen. To further improve the process and reduce conflict, Owners/Applicants should meet with their immediate neighbors to gather input on the potential impacts of the proposed Improvement and should work together to design agreeable solutions. The Board may, in its discretion and by majority vote, amend these Standards from time to time. Any such amendment shall be in writing and shall become effective upon adoption by the Board and no sooner than thirty (30) days after it is distributed to all members of The Coast for membership comment. Exhibits A through G attached hereto are hereby incorporated herein by reference. To the extent these Standards are inconsistent or conflict with the First Restated Declaration of Covenants, Conditions and Restriction for ( CC&R s ), the CC&R s shall control. Unless otherwise specified, all capitalized terms used herein shall have the same meaning as defined in the CC&Rs. 1

6 II. ARCHITECTURAL CONTROL COMMITTEE A. Establishment of Architectural Control Committee. The Architectural Control Committee, as set forth in Article II, Section 2.9(C) of the CC&R s, shall consist of not less than three (3) nor more than five (5) persons as fixed from time to time by resolution of the Board. In the absence of an Architectural Control Committee, the Board of Directors shall act as the Committee. B. Authority of the Architectural Control Committee. The Board of Directors and the Architectural Control Committee acting under the Board s supervision, shall have the right within the limitations of the building restrictions set forth in the CC&R s and these Development Standards, to control the character of landscaping, buildings, setbacks, location, proportion, elevation, design, finish, materials, color, roof pitch, chimneys, skylights and other roof projections, lot coverage, building heights, style of architecture and manner of construction of all Alterations (as hereafter defined) in order to ensure that they are aesthetically compatible and harmonious with other structures and conform to a reasonably sound and attractive general plan of development and improvement for all The Coast. These Standards, along with the provisions set forth in the CC&R s, form the basis for evaluation of plans and specifications for Alterations submitted by individual Owners to the Architectural Control Committee for review and approval. Any items or issues not addressed in these Development Standards are matters left to the discretionary judgment of the Architectural Control Committee acting in good faith and on behalf of the best interests of the Association as a whole. The Committee s decisions may not be unreasonable, arbitrary, or capricious. The Architectural Control Committee has the authority to retain architects (an Independent Architect ) or construction specialists as may be necessary to assist in the performance of its duties. The Architectural Control Committee may, from time to time, propose to the Board for adoption additional Architectural Control Committee rules, which may require the prepayment of a deposit to be applied toward the payment of any Special Assessment levied by the Board if such Owner fails to restore any portion of the Property to a clean and attractive condition, and/or may assess a reasonable fee in connection with the review of plans and specifications for proposed Alterations, as appropriate for the type and nature of the Improvement, to cover the cost of inspections that may be necessary to ensure compliance with approved plans. C. Qualification for Architectural Control Committee Membership. Architectural Control Committee members shall be appointed by the Board and each shall serve at the pleasure of the Board. Each Architectural Control Committee member must be at the time of his/her appointment, and throughout the time he/she serves, simultaneously: (i) an Occupant; and (ii) an Owner in Good Standing of a Lot within the Association. Good Standing as used in the immediately preceding sentence means that the Owner is paid current on all Assessments, is not a party in any lawsuit against the Association or any of its past or present managers, officers, committee members, or directors. Where a Lot is owned by more than one person, no more than one (1) representative of such entity or owner group may serve as an Architectural Control Committee member at any particular time. Each Architectural Control Committee member, by agreeing to 2

7 serve in such capacity, agrees that he/she has read, understands, and agrees to comply with the Association s Ethics Policy. Whenever an Architectural Control Committee exists, it shall act on behalf of the Association with regard to approving or disapproving proposed Alterations.. During any period when there is no Architectural Control Committee, the Board shall be deemed the Architectural Control Committee. D. Architectural Control Committee Meetings. The Architectural Control Committee shall meet at such times and at such location as may be established from time-to-time. Architectural meetings may only be held if quorum (a majority of committee members) is reached. The purpose of the Architectural Control Committee is to review complete Applications and, by majority vote, approve or disapprove the Applications in order to ensure conformance with these Development Standards and CC&R s. The Board recognizes the importance of architectural matters and decisions to the community and individual applicants. Individual applicants, however, must also recognize that the Board and the Architectural Control Committee positions are voluntary. Therefore, Applications and requests will be processed as expeditiously as possible but with a balance for the time and resources of all of the members of our community. E. Approved, Denied, Approved with Conditions. Home Improvement Applications ( Applications ) will be deemed approved, denied or approved with conditions by a majority vote of a quorum of the Architectural Control Committee. The Committee's evaluation of the Application will be submitted to the Applicant in writing confirming the Application status. Applications which are denied shall enumerate the specific reasons for denial along with the procedure for reconsideration by the Board. Applications approved with conditions l shall enumerate the conditions in writing. The Architectural Control Committee shall act upon each Application within forty-five (45) days of receipt of a completed Application and all materials/information required by these Standards and/or requested by the Association. F. Appeal. Decisions of the Architectural Control Committee, other than an unconditional approval, may be appealed by the Applicant to the Board of Directors, as described in Section V-D, unless it was a decision of the Board acting as the Architectural Control Committee. G. Variance. The Architectural Control Committee is not empowered to grant a variance. The Board may authorize variances from compliance with any of these Development Standards, including without limitation, restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental consideration may require; provided, however, that no variance from the restrictions contained in Article II, Section 2.9(B) entitled Prohibited Alterations of the CC&R s may be granted. Such variances must be granted in writing and must be signed by a majority of the quorum of the Board approving the variance to become effective. The Board must approve any variance recommended by the Architectural Control Committee before any such variance shall become effective. If such variances are granted, no violation of the CC&Rs and/or these Standards shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of the 3

8 CC&Rsfor any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall it affect in any way the Owner s obligation to comply with all governmental laws and regulations affecting the use of his/her Lot. H. Inspection of Work. Inspection of work in progress and issuance of Individual Notice of noncompliance may be made by the Architectural Control Committee or a designated representative with reasonable prior notification to the Owner. The absence of such inspection and/or the issuance of Individual Notice during the construction process does not constitute either Architectural Control Committee approval of the work in progress or compliance with these Standards. I. Standing Still. Once commenced, work on an approved project shall proceed diligently until completed. A project which is partially completed and stopped for any reason shall subject the Owner to being fined, after notice and hearing, unless the Applicant contacts the Association and submits a written request for approval of "Standing Still". The Association shall grant permission for Standing Still only for good cause shown. As a condition of granting said permission, the Association may require the Owner to take necessary precautions on the property and/or the partially-completed Improvements thereon in order to protect the surrounding properties from erosion or damage or unsightly conditions. Approval for Standing Still will be good for (90) days; with extensions granted at the discretion of the Association. An Owner whose partiallycompleted project is allowed to Stand Still without the written approval of the Association shall, after notice and hearing, be subject to fine in the amount of $ per day, beginning from the date of Individual Notice of the fine is given, and continuing daily until work is recommenced on the project. J. Inspection of Completed Alterations. Inspections of completed Alterations may be made by the Architectural Control Committee or its designated representative(s) once the Owner has notified the Architectural Control Committee that the Alterations have been completed. This notification shall be made by the Owner within thirty (30) days after the Improvement's completion. If for any reason (other than failure by an Owner to allow scheduled access) an inspection has not been made within sixty (60) days of notification by the Owner of the completion of an Improvement, or if the Owner requesting such inspection has not been notified of any noncompliance within thirty (30) days following the completion of such inspection, the Improvement shall be deemed to be completed in substantial conformance with approved plans and specifications. (See Form - Exhibit D for a Notice of Completion form.) K. Enforcement Policy. In the event an Improvement (1) is commenced without the required approval of the Architectural Control Committee, (2) is not completed within the time limitation established for such Improvement in the Development Standards or set forth in the written approval, or (3) is not completed in substantial conformance with the approved plans and specifications, an Individual Notice of noncompliance or noncompletion may be provided to the violating Owner. The Owner shall correct the violation or the Board of Directors may take other appropriate action in accordance with the procedure described in the CC&R Article II, Section 2.9(E) entitled Responsibility, Compliance and Inspection and including, without limitation, the issuance of fines, 4

9 after notice and hearing, as provided for in these Development Standards and/or the Association s Fine Policy L. Release of Liability. Plans and specifications submitted to the Architectural Control Committee are not approved for (1) engineering design, (2) compliance with zoning and building ordinances, and other applicable statutes, ordinances or governmental rules or regulations, or (3) compliance with requirements of any public utility. By approving any such plans and specifications neither the Architectural Control Committee, the members thereof, the Association, the Owners, the Board, nor any agent, employee, attorney or consultant of any foregoing, assumes liability or responsibility for any of the foregoing, or for any defect in any Improvement constructed from such plans and specifications approved by the Architectural Control Committee and/or the Board. 5

10 III. ALTERATIONS REQUIRING APPROVAL Article II, Section 2.9 (A) of the CC&R s provide that no Alterations shall be made upon the Common Area and Slope Easement Area. All Owner Alterations to Lots must comply with these Architectural Control Committee Development Standards and the View Rules of the Association, except where a variance is granted, and must conform to the plans and specifications which have been submitted to and approved by the Architectural Control Committee. The CC&R s and these Development Standards contain objective criteria that the Applicant must comply with in requesting approval. The harmonious nature of the Improvement is a subjective opinion that the Architectural Control Committee is requested and empowered to express, and proposed Improvements which meet the criteria contained in the CC&Rs and these Development Standards may nonetheless be disapproved for aesthetic reasons in the discretion of the Architectural Control Committee. The Alterations (sometimes also referred to herein as Improvements ) subject to the Architectural Control Committee s approval shall be broadly construed and shall include, but not be limited to, the following: A. Structures and Additions. Construction or installation of new structures or additions to structures, including but not limited to fences, walls, pools, spas, balconies, patios, patio enclosures, screens, tents, awnings, window air conditioners, exterior shutters, exterior antennas, or exterior wiring; B. Landscaping. Alteration of existing landscaping visible from Common Area or other Lots, except replacement with landscaping of the same type and quantity as is existing; C. Exterior Surfaces. Alteration of exterior elements of existing structures, including but not limited to paint, siding and roofing, other than replacement with paint/materials of identical color and texture; D. Signs. Installation or display of signs, posters, flags or banners in areas exposed to public view, except (i) For Sale or For Rent signs that do not exceed nine (9) square feet in size, and (ii) non-commercial signs, posters, flags or banners which the Association is required by law to permit; E. View Obstructions. Placement of anything that obstructs the View from another Lot or from the Common Area in a manner that could be construed as a violation of these Architectural Control Committee Development Standards and/or the View Rules; F. Drainage. Interference with or alteration of the water supply, sewage or drainage systems located upon any Lot; G. Excavations. The grading, excavation, filling or other similar disturbances to the existing surface of the land located on any Lot; and H. Demolition. The demolition, destruction or removal of any existing Improvement. 6

11 IV. HOME IMPROVEMENT APPLICATION PROCEDURES Written approval is required from the Architectural Control Committee or the Board prior to construction of any additions, alterations, demolitions or Alterations (as used herein in its broadest sense) that fall under the criteria contained in these Standards. Before it will be deemed complete, your submittal package must include: (1) your fully completed Home Improvement Application, (2) your Plan Processing Fee, (3) the required sets of plans and/or drawings, (4) the appropriately completed Neighbor Awareness Form, and (5) all other information required by these Standards. All drawings, elevations, plans, specifications, material and color samples must be submitted in sufficient detail to make all aspects of your proposed Improvement project clearly understandable to the Architectural Control Committee, and in conformance with the provisions outlined below. A. Home Improvement Application. 1. All requests for approval must be made using the designated Home Improvement Application (Form- Exhibit A). Please complete, sign and submit the Application package to the Association s management company, at the address listed on the Application, for transmittal to the Architectural Control Committee. 2. In the case of room additions, remodels or other Alterations which, by their nature, involve multiple aspects of architectural approval (such as roofs, walls, paint etc.), a complete Application must include full and detailed information on each aspect of the Alterations that require approval hereunder. By way of example, a major remodel, which contemplates a room addition, new roof, and new paint, will not be considered a complete application until all required information for the remodel (including building and material specification and color/material samples for paint and roofing) is submitted for approval. 3. Applicants/Owners are permitted to seek changes to the proposed Improvement after approval (including color changes, etc.); however, these changes must be submitted on a completed Home Improvement Application, along with plans, specifications, color/material samples, etc. and must approved in writing by the Architectural Control Committee before any change are implemented. It is the Owner s responsibility to submit for approval of any such change sufficiently in advance to permit the Architectural Control Committee time to review and either approve or disapprove the change. 4. The management company, on behalf of the Architectural Control Committee will notify the Applicant/Owner when it has received a complete submission package. As part of this notification, the Applicant/Owner will receive notice of the Architectural Control Committee meeting at which his/her plans will be reviewed and voted upon. 5. Any incomplete submittal will be denied without prejudice and returned to the Applicant/Owner along with a copy of a checklist noting the area(s) of deficiency. 6. The Architectural Control Committee will not accept incomplete submittals for consideration. Incomplete submittals received by the management company will 7

12 be automatically denied without prejudice and returned to the Applicant. The 45-day plan approval period commences only upon delivery of a completed Home Improvement Application with all required information and materials delivered to the management company as set forth in these Standards. 7. Application forms may be obtained from, and completed Applications must be mailed or delivered to the Association s management company. Do not submit an application directly to a Board member or a member of the Architectural Control Committee.. The Association s management company should receive all applications no less than two (2) weeks prior to the scheduled Architectural Control Committee meeting for prompt review. B. Classification of Alterations. Alterations requiring approval shall be classified as Major, Moderate, or Minor projects. The Architectural Control Committee, at its sole discretion, shall classify each project upon receiving an Application. The Architectural Control Committee may use the following guidelines in its classification process. 1. Major Architectural. New homes or additional floor area of 150 square feet or greater, or an accumulation of more than three (3) Moderate Architectural items. 2. Moderate Architectural. Room additions, cabanas, pool houses less than 150 square feet, etc. or an accumulation of more than three (3) Minor Modification Items. 3. Major Landscape. Both rear and front yard hardscape and landscape modifications, or an accumulation of more than three (3) Moderate Landscape items. 4. Moderate Landscape. Front yard only or rear yard only hardscape or landscape modifications, gazebos, patio shade structure, outdoor kitchen, pavilions, pool, garden walls, retaining walls, driveways, etc., or an accumulation of more than three (3) Minor Modification items. 5. Minor Modifications. Up to three (3) minor items such as garage doors, window replacements, roof replacements, tree/bush, spa, fire pit, fence, solar panels, etc. C. Drawings, Plans and Specifications. Three (3) sets of drawings or plans (including specifications) must be submitted with your completed Application. These drawings, plans and specifications are to be prepared in accordance with applicable building codes and with clarity and completeness following industry standards. Building plans for Major Architectural or Major Landscape projects are to be prepared and stamped by an architect licensed by the State of California. The following outline of plan requirements should be used as a guideline in preparing complete and final drawings, plans and specifications to adequately describe the proposed work. Content requirements for approval by the Architectural Control Committee may differ from those required for building permits. The Committee at its discretion an upon notice to the Owner/Applicant may also require 8

13 additional information to evaluate anapplication or proposed Improvement(s) where warranted. 1. Site Plan. a. Indicate accurate and complete legal description address, owner s name, north arrow, scale of drawings, and a brief narrative description of the work. b. Show lot lines accurately as to length, angle, and amount of curve. c. Show all existing and proposed building, structures, fences, walls, sidewalks, trees and other Alterations. (Note: Association walls and fences do not always coincide with property lines and in no event shall any of the Association walls and fences be moved or changed in any way). Clearly identify which Alterations will be removed, will remain or are proposed to be constructed. d. Indicate all required setbacks, easements, lot coverage/density restrictions and calculations, street right-of-ways and top or toe of slopes. e. Indicate the site coverage percentage along with the total square footage of the entire structural floor area of the entire project including accessory structures. f. Show all dimensions on work to be considered; distances between existing and proposed work, and distances between proposed work and property lines, setback lines, and slopes. g. Include site photos of all surrounding conditions adjacent to the location of the proposed Alterations including neighboring properties and streets. h. Indicate noise-generating appliances (A/C compressors, pool and spa equipment) with dimensional relationships to affected neighbor s residence. i. If Applicant is placing temporary construction fencing, the fencing placement must be indicated along with a description of height and composition. 2. Grading Plan. a. Show contours, flow lines, finish grades and proposed drainage systems. b. Changes of finished grade must be accompanied by a grading plan prepared by a registered civil or professional engineer or licensed landscape architect. Note: The site plan and grading plan may be incorporated into the same drawing. 3. Floor Plan. a. Indicate all walls, columns, openings, and any condition feature that will affect the exterior design of the structure. 9

14 b. Indicate the relationship of proposed Alterations and existing conditions, including dimensions. c. Set out square footage of existing and proposed Alterations. 4. Landscape Plan. Indicate a complete scope of work including proposed and existing to remain elements. Include grading, irrigation and drainage systems, walks and hardscape, planting area, planters, decks, fences and walls, stairs, trellises, arbors, gazebos, ponds, fountains, waterfalls, ground covers, shrubs, trees, slope stabilization, ornamental rocks, recreation areas, courtyards, apparatus, courtyard lighting, fireplaces, fire pits, light poles and any other Alterations. Call out growth rate and height at maturity of all proposed trees/shrubs. 5. Pool Plan. Includes pools, spas, hot tubs, water slides, heating and filtering equipment, enclosures, screening and drainage. Pools and related systems may not be placed within the Association easement area. 6. Mechanical and Solar Energy Plans. Include all mechanical devices exposed to the exterior and all solar collectors, racks, storage facilities and distribution components. 7. Exterior Colors and Finishes. For any proposed modification of exterior finishes, materials, and/or colors, the following must be included: a. A color sample board or an elevation sheet with color pallet attached clearly noting where colors are to be used. b. Samples of exterior finish and roofing materials. Color and material samples are not required when drawings indicate color and material to match existing. The plan must then specify the existing color and material. 8. Specifications. List materials and finishes and, if applicable, the method of installation or application. Describe the weight, thickness, and other characteristics of any uncommon materials. 9. Roof Plan. a. Show all existing and proposed roofs with slope pitches and overhang dimensions noted. b. Designate existing and proposed roofing material. Be specific as to product type, size and color. (Sample of Material to be included) c. Indicate any unusual conditions and details involved in or resulting from the work. 10. Elevations. a. Provide exterior elevations of all sides of the structures and delineate all parts of the exterior that cannot be shown on an elevation. 10

15 b. Note all proposed building materials. For alterations or additions, note if finish is to match existing finish. c. Delineate the height of all proposed and existing Alterations in relation to existing grade. 11. Fence and Wall Plans. a. Drawings shall include specification of materials, color and height. b. Heights must be shown in relation to adjacent ground elevations. If ground elevation is to be altered, this must be shown as well and heights are to be measured and shown both from existing grades and from the proposed grades. 12. Site or Building Sections. Changes in finished grade must be shown by section views and other clear and complete explanations of the scope of work. D. Neighbor Awareness. Because the proposed Alterations may affect your neighbors, and the Committee would like the early identification of potential conflicts, it is important that your neighbors be apprised of your intentions. As a part of your submission, you must include a completed and signed copy of the attached Facing, Adjacent and Impacted Neighbor Awareness Statement (See Form Exhibit C) indicating that the facing, adjacent and impacted neighbors around your home have seen the plans and are aware of your intentions. An Application will not be considered complete until the neighbor awareness condition has been satisfied. Notwithstanding the above, the Architectural Control Committee may consider an Application where the Applicant has contacted his/her neighbor(s) and the neighbor(s) has unreasonably refused or been unable to acknowledge awareness the proposed work. If an adjacent neighbor does not agree with the plans, he/she may protest to the Architectural Control Committee via written correspondence with the nature of and/or reason for his/her concerns. The Architectural Control Committee shall take reasonable and relevant concerns under advisement when considering an Application submittal. Submission of a protest in no way guarantees that an Application will be denied or revised. The authority to approve or disapprove the Home Improvement Application is the sole responsibility of the Architectural Control Committee, acting in a capacity authorized by the Board of Directors. The following terms, as used in the Facing, Adjacent and Impacted Neighbor Awareness Statement (Form Exhibit C), are defined as follows: 1. Facing Neighbor. The three (3) homes most directly across the street from your home. 2. Adjacent Neighbor. All homes with adjoining property lines to yours (includes neighbor(s) to the rear). 3. Impacted Neighbor. Any home in the immediate area of the Applicant's home that could be affected by the construction of the proposed Improvement (e.g., rear facing neighbors due to rear yard Alterations). The Architectural Control Committee reserves the right to require that any homeowner(s) that the 11

16 Architectural Control Committee believes will be impacted by the proposed Alterations be notified of the proposed Improvement, even if the Applicant disagrees that such homeowner(s) will be affected. E. City and Other Approvals. Approval of any proposed Alterations by the Architectural Control Committee does not, in any way, eliminate the need to obtain any City permits and approvals required, nor does obtaining all required City permits and approvals waive the need to obtain Architectural Control Committee approval. City approval of proposed Alterations does not relieve the Applicant from the responsibility of complying with the CC&R s or these Development Standards. 1. The Architectural Control Committee (and the Independent Architect, if applicable) take(s) no responsibility for the conformance of your plans to any City or other governmental codes, regulations, ordinances or requirements. Architectural Control Committee approval relates solely to aesthetics and land use and does not, in any way, pass judgment or evaluate the adequacy of the Alterations for any other purpose whatsoever. F. Fee Requirements with Submittal / Prior to Construction. Unless waived by the Architectural Control Committee for good cause, the following fees must be submitted with each Application to be considered a complete Application for processing. Application Type Review Fee 1 Major Architectural. New homes or additional floor area at or in excess of 150 square feet or an accumulation of more than three (3) Moderate Architectural items Moderate Architectural. Room additions, cabanas, pool houses less than 150 square feet, etc. or an accumulation of more than three (3) Minor Modification Items. Major Landscape. Both rear and front yard hardscape and landscape modifications or an accumulation of more than three (3) Moderate Landscape items. Moderate Landscape. Front yard only or rear yard only hardscape or landscape modifications, gazebos, patio shade structure, outdoor kitchen, pool, garden wall, retaining wall, driveway, etc. or an accumulation of more than three (3) Minor Modification items. Minor Modifications. Up to three (3) minor items such as garage doors, window replacements, roof replacements, tree, spa, fire pit, fence, solar panels, etc. 12 $150 plus Actual Cost of Independent Architect Review $100 None None None 1 After initial submission, the homeowner is entitled to one resubmission at no additional cost. Additional reviews will require additional fees. The fee includes a final site review.

17 V. HOME IMPROVEMENT APPLICATION PROCESSING A. Basis for Decisions. Decisions regarding approval or denial of an Application will be based on the specific criteria and requirements set forth in the CC&R s and these Standards. The Application will be evaluated on the individual merits of the proposed Alterations and will take into consideration the specific type of housing and the individual Lot, as well as the following: 1. Utilities. The Alteration will not interfere with any Association of City owned utility; 2. Governing Documents. The Alteration is consistent with the Governing Documents. Verification that the proposed Improvement is not prohibited by the CC&R s Article II, Section 2.9 (B); 3. Maintenance Burden. The Alteration will not impose any unreasonable maintenance burden on the Association. During the time of construction, it is essential that the appearance of The Coast be maintained in an attractive condition and that all roads be kept clean and clear of debris; 4. Validity of Concept. Effect of location and use of Improvement on other properties of the Applicant s neighbors; 5. Design Compatibility, Conformity and Harmony. The proposed Alterations must be compatible and in harmony with the architectural characteristics and design of the existing home and/or the homes in the surrounding neighborhood setting. The following will be considered by the Committee: a. Compatibility is defined as similarity in architectural style, quality of workmanship, similar use of materials, and color and construction details. b. Use of architectural design features to avoid flat or massive areas and to enhance the quality of the appearance of the overall Improvement is encouraged. c. The following partial list of types and styles of housing and housing elements are specifically discouraged: 1. Housing styles inconsistent with the established architectural character of the community and overly thematic styles including current design trends to which labels cannot be assigned. 2. Large two (2) story arched entries and colonnades. 3. Large monolithic roof designs, flat roof designs and mansard roofs. 4. Second story decks or balconies in front or on the side of the home. 5. Excessive second story elements overhanging ground level elements 6. Excessively walled, fenced or enclosed front yards. 13

18 NOTE: This list is not exhaustive and each plan will be evaluated on its own merits. 6. Impact. Important concerns are the potential impacts on surrounding properties affecting access, view, sunlight, ventilation and/or drainage. For example, fences may unduly obstruct views, breezes, or access to adjacent neighbors. Balconies or larger additions may cast unwanted shadows on an adjacent patio or infringe on a neighbor s established sense of privacy. Proposed Alterations should not unreasonably intrude physically or visually on the surrounding environment and should not affect drainage patters on or over any adjacent Lot; 7. Scale. The size of any proposed Improvement should relate well to adjacent structures, the Lot size and the surroundings; 8. Color. Color may be used to soften or intensify visual impact. Roofs, trim and other parts of an addition should be compatible with the color of the existing house as well as be in harmony with the general design and scheme of the surrounding neighborhood; 9. Materials. Continuity is established by the use of the same or compatible materials. Material compatibility, configuration, texture and placement must be considered; 10. Workmanship. Workmanship is an important area of concern, particularly in all-exterior alterations. The quality of work should be equal to or better than that of the surrounding area. Poor construction practices, besides causing Owner s problems, can be visually objectionable to others. Poor workmanship can also cause safety hazards. That the Improvement be completed using good workmanship is an implied condition of any approval granted by the Committee. B. Disposition of Plans. Plans and specifications are reviewed and approved solely for compliance with the specific criteria and requirements set forth in the CC&R s and these Standards. By approving such plans and specifications, neither the members of the Architectural Control Committee, the Association, nor the Board assume any liability or responsibility therefore or for any defect in any structure constructed from such plans and specifications. Upon approval, disapproval, or when the Architectural Control Committee is requesting a clarification or additional information, your drawings or plans will be distributed as follows: 1. One set of plans, whether approved or disapproved, will be retained by the Association for its files and for use by the Architectural Control Committee as its working copy. 2. Two (2) sets of approved/disapproved plans will be returned to you. If approved, one (1) approved set of plans shall be maintained at the work site at all times during the course of construction until the Architectural Control Committee (or its designated representative) has made and signed-off on the final inspection. 14

19 3. Disapproved plans or those requiring clarification or additional information may be returned to you. One (1) set of these plans must be included in the subsequent submission packages. C. Review by Independent Architect. Applications for any Improvement, may, at the option of the Architectural Control Committee, be referred to an Independent Architect. The Independent Architect is a third-party professional, experienced in residential design and these Standards. The Independent Architect will act as an agent of the Association. The Applicant s Review Fee shall pay for the Independent Architect's services to review the proposed alterations for conformance to the Standards. The review by the Independent Architect is advisory in nature, assisting the Architectural Control Committee in the review of the Application. Action on all Applications rests with the Architectural Control Committee, not with the Independent Architect. Notwithstanding other provisions within theses Standard, any Architectural Control Committee approval period does not commence until and unless the applicable Review Fee and all required information and/or materials have been submitted to the Committee for review. 1. The Independent Architect will critique the Application for conformance with these Standards and, if applicable, recommend methods to make the plans more compatible and harmonious with the neighborhood in accordance with these Standards ( Architect s Review ). 2. The Independent Architect may consult with the Architectural Control Committee or management company during the Architect s Review process. 3. The Architectural Control Committee will require the Independent Architect to complete the Architect s Review within the prescribed forty-five (45) days review period and prior to the regular meeting of the Architectural Control Committee. 4. Upon completion of the Architect s Review, the Independent Architect shall submit written comments and recommendations to the Architectural Control Committee regarding the Application. The Architectural Control Committee will evaluate the comments made in the Architect s Review and will determine which comments will be applied to the Application and enforced by the Architectural Control Committee. 5. The Architectural Control Committee will provide a written evaluation of the Application to the Applicant with a clear designation of approval, denial or approval with conditions. Written evaluations of Applications that are denied or approved with conditions shall enumerate the cause for denial or conditions of approval. 6. Applicants are encouraged to incorporate the Conditions of Approval issued by the Architectural Control Committee into any revised plans prior to construction. 7. The Architectural Control Committee shall review re-submitted (previously Denied) Applications. If new changes or revisions are made other than those required or recommended by the Committee in the architectural review process, 15

20 the Architectural Control Committee may elect to send the plans out for an additional Architect s review at the Applicant s expense. D. Appeal. If the Architectural Control Committee denied all or any part of the submittal, the Applicant may appeal the denial to the Board as follows: 1. All appeals shall be made in writing and shall be delivered to the management company within twenty (20) days after the issuance of the Architectural Control Committee s decision. No particular form is required, but the appeal must specify with clarity the portion of the Architectural Control Committee decision with which the Applicant is dissatisfied. Any potentially negatively impacted neighbors will be notified of the appeal and may submit an impact statement to the Board of Directors. If no appeal of the Architectural Control Committee s decision is made within the twenty (20) day period, the decision shall be considered final. 2. Upon receipt of a written appeal, the management company shall notify the Applicant, the Architectural Control Committee and the Board of the date of the Board meeting at whichthe appeal will be heard and decided; provided, however, that such meeting shall not be held more than forty-five (45) days after the receipt of the appeal. The Management Company shall deliver copies of the appeal and any impact statement received from an impacted neighbor to each Board member before the meeting. If an Architect s Review was obtained, the Independent Architect may also be called to appear by either the Architectural Control Committee or the Board. 3. At the Board meeting, the Applicant and the Architectural Control Committee Chairman or other representative may present such evidence, as they deem appropriate to support their respective contentions that the proposed submittal complies or does not comply with the CC&R s and these Standards. After the conclusion of such presentations, the Board shall either sustain the Architectural Control Committee s decision, reverse the decision, or reverse the decision with modifications; provided however, that a reversal (with or without modifications) requires an affirmative vote by the Board, and said vote shall be recorded in the Board s minutes and noted on the proposed plans. E. Failure to Obtain Approval. Failure to obtain Architectural Control Committee approval prior to the commencement of any construction or alteration of any property subject to the CC&R s or these Standards may result in the Owner being required to modify or remove the unauthorized Alterations at the Owner s own expense and pay all legal fees and/or costs that the Architectural Control Committee, the Board and the Association may incur as a result of or in connection with the violation. Failure to obtain Architectural Control Committee approval prior to the commencement of construction may further subject the Owner to fines pursuant to these Standards and/or the Fine Policy. F. Inspection of Work. Inspection of work in progress and issuance of Individual Notices of noncompliance may be made by the Architectural Control Committee or a designated representative with reasonable prior notification to the Owner. The absence of such 16

21 inspection and/or the issuance of Individual Notices during the construction process does not constitute either Architectural Control Committee approval of the work in progress or compliance with these Standards. G. Project Completion. Improvement projects that remain uncompleted for long periods of time are an eyesore and can be a nuisance and safety hazard for neighbors and the community. Therefore: 1. All applications must include an estimated start date and completion date. If the estimated start and/or completion date is considered unreasonable, the Architectural Control Committee may disapprove the application. 2. In any event: (a) all Major Remodels (additions or other Alterations of 150 square feet or more) shall be commenced within one hundred and eighty (180) days after the Architectural Control Committee approval and completed within nine (9) months after work first commences; and (b) other projects shall be commenced within one hundred and twenty (120) days after the Architectural Control Committee approval and completed within three (3) months after work first commences, unless the Architectural Control Committee specifically authorizes a longer time period in its written approval of the subject Application. 3. If any work is not commenced within the time period listed above, the Architectural Control Committee s approval of the intended Alterations shall be deemed terminated and such Alterations shall require a new submission and new written approval before the member is allowed to commence the work. 4. Any Improvement project not completed within nine (9) months for Major Remodels and three (3) months for all other projects shall be deemed a violation of the Standards, unless the Owner submits a written request for an extension of time to complete the project to the Committee and the Committee, for good cause shown, grants the Owner s request. In granting an extension of the project completion deadline, the Committee may impose any reasonable conditions which it deems necessary and/or proper in order to mitigate any negative impacts on the surrounding properties. 5. Upon notice to the homeowner that the project has exceeded the allotted time period for construction, the homeowner shall be allotted thirty (30) days time to complete all remaining construction of the Alterations. Failure to do so shall, after notice and hearing, subject the owner to fine in the amount of $ per day beginning from the date notice of fine is given and continuing until construction is completed and all construction-related materials are removed from the property. H. Inspection of Completed Alterations. Inspections of completed Alterations may be made by the Architectural Control Committee or its designated representative(s) once the Owner has notified the Architectural Control Committee that the Alterations have been completed. This notification shall be made by the Owner within thirty (30) days after the Improvement's completion. If for any reason (other than failure by an Owner to allow scheduled access) an inspection has not been made within sixty (60) days of 17

22 notification by the Owner of the completion of an Improvement, or if the Owner requesting such inspection has not been notified of any noncompliance within thirty (30) days following the completion of such inspection, the Improvement shall be deemed to be completed in substantial conformance with approved plans and specifications. (See Form - Exhibit D for a Notice of Completion form.) 1. The inspection by the Architectural Control Committee or its designee is strictly to confirm compliance with the approved Application and these Standards. This final inspection shall not be deemed an inspection or approval of the Alterations for any other purpose. I. Nonconformity. In the event an Improvement (1) is commenced without the required approval of the Architectural Control Committee, (2) is not completed within the time limitation established for such Improvement in the Development Standards or set forth in the written approval, or (3) is not completed in substantial conformance with the approved plans and specifications, an Individual Notice of noncompliance or noncompletion may be provided to the violating Owner. The Owner shall correct the violation or the Board of Directors may take other appropriate action in accordance with the procedure described in the CC&R Article II, Section 2.9(E) entitled Responsibility, Compliance and Inspection, and including, without limitation, the issuance of fines, after notice and hearing, as provided for in these Development Standards and/or the Fine Policy. 18

23 VI. DEVLOPMENT STANDARDS A. Landscape and Hardscape. Landscaping components can be defined as (1) hardscape: including but not limited to walkways, driveways, planters, garden walls, pilasters, columns, fireplaces, fire pits, barbecues, light poles, fountains, pools, spas, etc., (2) softscape: including but not limited to grass, lawn, flowers, trees, shrubs, groundcover, etc., and (3) temporary fixtures: including but not limited to play/exercise equipment, playhouses, etc. (collectively Landscaping ). Landscaping can be effectively used to accentuate entryways, define space, create soft privacy screens and reduce the visual impact of fences, approved storage sheds and structures, subject to the View Rules. Since Landscaping is a design element, the same considerations should be given to its relationship with to the house and with adjacent houses as apply to other design elements. The Architectural Control Committee must approve all Landscaping, as defined above, except replacement/maintenance of existing plants with the same species. The Architectural Control Committee will consider the visibility of Landscaping to Common Areas and to neighbors as a factor in approval of these Alterations. 1. Aesthetics. All plantings and permanent irrigation systems must be aesthetically consistent with the design and plan of the community. 2. Drainage. The Applicant is responsible to ensure the original course of surface water flow is not disturbed or altered to adversely affect the neighboring property. Each Lot in the Association, including any slopes thereon, must be maintained in a manner that causes water to drain into the adjacent adjoining streets or engineered drainage systems and not onto adjoining lots. The Architectural Control Committee may require grading and drainage plans to be prepared by a licensed or registered civil engineer or landscape architect in connection with any proposed modification of established grading or drainage. The Architectural Control Committee, Board and management company are not, however, responsible to ascertain the adequacy of any drainage plan. This is the requirement and responsibility solely of the Owner/Applicant. 3. Views and Encroachments. The impact to neighboring homes and the possible damage by encroaching planting should always be considered. Trees, hedges, and shrubs that restrict sight lines for vehicular traffic should not be planted. Trees, hedges and shrubs that create an unreasonable barrier to light, air and views must be maintained at or below a height deemed satisfactory by the Architectural Control Committee or distributed to diminish the negative effect of grouped planting. The Architectural Control Committee or View subcommittee shall have the right to require any member to remove, trim, top or prune any tree or shrub which in the belief of the Architectural Control Committee or View subcommittee unreasonably interferes with the View from any Lot or from the Recreational Common Area. See Association View Rules. Plants or trees which could grow to a height which could or would unreasonably interfere with the View of another Lot shall not be approved or allowed. 19

24 4. Raised Planters. Community walls, property line walls and fences are not designed to retain soil. Raised soil/planters are not permitted against community walls, property line fences or walls. If raised planters are to be placed adjacent to community walls or property line walls, the proposed planters must be constructed with four sides and waterproofing to prevent soil from contacting the adjacent wall. 5. Barbecues/Outdoor Kitchens. Barbecues can generate a great amount of smoke and become the hub of group activities. Permanent barbecues (including countertops) and outdoor kitchens are to be setback from adjacent property lines a minimum of 6 feet. 6. Fireplaces/Fire Pits. Outdoor fireplaces, fire pits, or other similar items must be setback from any property line, perimeter fence/wall and/or top of slope a minimum of 6 feet and must be natural or propane gas burning only. Outdoor fireplaces are limited to 6 feet in height above the original grade including the decorative chimney cap. Outdoor fireplaces that are attached to a patio cover or Accessory Structure may be constructed to a maximum height of 12 feet; however, a chimney over 8 feet high must be setback a minimum of 7 feet from any property line. To reduce the visual impact of a tall structure, evergreen plant material must be provided to screen the chimney from adjacent lots. Outdoor fireplaces and/or vegetation installed to screen same are subject to and must comply with Association View Rules. 7. Trees. Being a View Community examples of trees that will not be approved are: Palm Trees, Italian Cypress, Coral, Melaleuca, Eucalyptus & Pine, and any other species of tree that could potentially grow into view path or present a fire danger. All trees planted within five (5) feet of hardscape (sidewalk, driveways, etc.) or of a property line shall have a root barrier device installed adjacent to hardscape areas and/or property lines. Trees with invasive root systems should not be proposed. Many tree varieties grow to proportions that are not compatible with the size of individual Lots within the community or may have specific inherent problems such as invasive roots. Tree selection and placement must take the size of the tree, at maturity, into consideration. Other trees which may reach large proportions or have invasive roots will be considered on a case-by-case basis. All trees must be maintained within the limits of the property and in accordance with the Association View Rules. 8. Synthetic Turf. Installation of synthetic turf (including all types of artificial grass)must conform to the conditions listed below. Synthetic turf must be approved in writing, prior to installation, by the Architectural Control Committee. a. Location 20

25 1. A minimum 2 foot wide planting buffer from an adjacent property line to the synthetic turf is required. In no case shall the synthetic turf be adjacent to regular turf on the same or adjoining property. 2. Synthetic turf is not permitted on slopes steeper than a slope ratio of 4:1. 3. Turf to be located in or near driveways is to be protected from wheel traffic to avoid compressing the turf 4. Turf must be placed over a proper substrate designed to accommodate the turf. Turf may not be placed over existing grass, dirt or hardscape b. Material 1. The turf must be of a recognized high quality product and must be of the proper color, texture, and density to simulate natural turf, be uniform in all areas, and provide adequate drainage. 2. The turf is to be uniform and defect free with a minimum 8 year warranty. 3. The turf located in the front yard is to have a minimum 80 ounce pile / face weight. 4. The turf located in the front yard is to have a minimum pile length of 1½ inches. Putting green turf located in the rear yard may have a ¼ inch pile length. 5. Owners must submit a minimum 12 x12 sample to show engineering/quality with application to the Architectural Control Committee. 6. Turf must have UV protection, no felt backing and be lead free. 7. General maintenance of the turf by the Owner will be required, including the removal of leaves and/or animal waste. 8. Minimum base of 3 crushed rock 9. Stapling: 6 minimum length of staples, 6 intervals for perimeter and 4 intervals for seam c. Putting Greens 1. Must be located in the back yard only 2. Must use putting green specific turf 3. Pile height must be at least ¼ 4. Turf must have minimum of an 8 year product warranty 5. Turf must be UV protected, adequate drainage, not placed on top of grass, dirt or hardscape, and no felt backing and be lead free 21

26 9. Paved Areas. All exterior paved areas exposed to streets and right-ofways shall be one of the following materials: a. Masonry unit (stone, brick, tile, concrete pavers) b. Concrete plain, acid washed, integral color c. Textured concrete d. Exposed aggregate concrete e. Combinations of the above f. In no case shall polished or high gloss stone/tile materials or painted/epoxy coated concrete be approved in front yards or other yard areas visible from the street 10. Drive Aprons and Driveways. Driveway aprons (curb cuts) will be considered for widening on a case-by-case basis and may not be widened by more than 4 feet in total. Drive aprons when widened must be replaced completely with concrete in the same color and finish as constructed by the original community builder. Driveways when widened by no more than 4 feet from the width as constructed by the original developer, must use materials to compliment or match the existing driveway. Material and design transitions which cleary demonstrate a driveway addition are not acceptable. Entry and sideyard walkways which are blended with driveways in an attempt to gain a wider driveway are not permitted. Regardless of the width of the driveway, an Owner may not park side-byside on the driveway more cars than the number of cars which the garage is designed to accommodate. 11. Decorative Rock. Decorative rock, gravel or decomposed granite may not be the dominant or primary feature in the front yard areas that are not driveway or walkway. 12. Shrubs, Groundcover and Turf. The unpaved ground plane visible to the street must be covered with enough plant material as to provide coverage within 6 months of completion of the landscape project. Mulch may be mixed with top soil but may not be the dominant ground cover. Large areas of turf, bare earth, wood chips, bark, mulch or rocks are not permitted. 13. At Grade Patios. At grade patios tend to affect the nature of drainage and runoff on a lot. These effects will be considered in the consideration of a proposed patio. All patios must be designed to drain away from adjacent lots and to the address street. Patios should generally be located in the rear yard although front and side yard patios will be evaluated based on the proposed Improvement. Patios should be setback from fence and property line walls to allow landscape buffers between neighbors. 14. Yard Fences, Walls and Hedges. a. Height Limitations. All yard fences, walls and hedges shall be subject to the following height limitations: 1. No fence, wall or hedge shall exceed the lesser of the maximum height permitted by the City s building code or a 22

27 height of six feet (6 ) as measured from the adjacent grade. Notwithstanding this provision, with the consent of the adjacent neighbor, hedges may exceed this 6 limit, subject to the View Rules. Neighbors may support the additional height but the final decision must stay with the Architectural Control Committee and/or the Board of Directors. Once approved, this hedge is deemed permitted even if one consenting neighbor subsequently moves and the new neighbor objects to the hedge. Existing hedges that exceed this 6 limit are permitted, except in cases where the Architectural Control Committee finds that these hedges unreasonably interfere with the neighbor s light, air, view or traffic sight lines. 6 high walls may not extend past the front wall of the home. 2. On an exception basis, and with consent of the adjacent neighbors, a lattice extension or similar screen extending the height of the fence to not more than eight feet (8 ) may be approved for sections of the side yard fence in cases where windows on each home create issues of privacy not solved by a 6 fence. This approval is at the discretion of the Architectural Control Committee and subject to the View Rules. 3. Walls, pilasters and fences in the front yard are not permitted within the public utility easement or right of way which varies from 3 to 5 feet wide. Walls and fences must be setback a minimum of 3 feet from the front property line/back of sidewalk and a minimum of 10 feet from the property line/back of sidewalk in side yards facing streets. Homeowners are advised that the property lines are not always located at the back of the sidewalk or curb. In no case shall walls or fences be approved or constructed in City utility easement areas. Wall and fence height beyond the front wall of the home shall not exceed 3-6 and the maximum height for adjoining pilasters, including cap, is Any fence, wall or hedge abutting an existing fence, wall or hedge shall be equal in height to the existing fence, wall or hedge, except in any case where a particular height is required for the protection of a swimming pool or spa. 5. The height of all fences, walls and hedges shall be measured vertically from the average finish grade at the base of the fence, wall or hedge. The tops of all fences, walls and hedges shall be level. Fences, walls and hedges installed on slopes, where permitted, should be stepped. b. Other Requirements. 1. The bottom of a fence, wall or hedge must be no more than 4 inches above the finish grade at any point. 23

28 2. Wood fences shall have top and bottom rails with posts not exceeding 8 feet on center, completely stained or painted (on all sides) in harmony with the home. 3. All vertical members of a fence or wall must be vertical or plumb. 4. Gates must match or be harmonious with the fence or wall in design material, height and color. 5. Side yard gates may be not be taller that the adjacent property line fence/wall and may be no more than 4-0 wide. Vehicular gates which would allow access to the side or rear yard are not permitted. 6. Fences or walls that are visible are to be finished on all sides. 7. Fences and gates which screen side yard storage or trash are to be opaque. 8. Existing Association Perimeter Walls and fences shall not be moved, altered, repainted a different color or otherwise changed in any way by any party other than the Association. 9. Fencing and gates around a swimming pool are subject to City Code requirements. Approval of fences and gates surrounding pools must be coordinated with the City for detailed restrictions and design considerations, and the Architectural Control Committee assumes no responsibility in regards thereto. 10. No walls or fences will be permitted in the Slope Easement Area or at the top of the slopes. c. Materials and Colors. Walls and fences must be compatible or complimentary with the materials and colors of the house and the prevailing materials on the neighbors houses. Continuity of texture and scale of materials should be considered. Acceptable materials and color for extension, repair and/or new fencing installations include: 1. A continuation of exterior dwelling materials, e.g. wood siding, masonry elements, stucco coated walls; all subject to Committee approval. 2. Wood, colored to match existing fencing, trim, or siding color. 3. Stucco coated masonry or concrete Stucco applied to masonry shall have color and texture to match the existing stucco on the home. 4. Clear tempered glass or Plexiglass without patterns or color. When frames are used, they must be black, charcoal black or white. 5. Wrought iron or tube steel colored to match existing wrought iron or tube steel using black or charcoal black. Steel 24

29 materials are to be galvanized or metalized to prolong the wear of the fence. Fences are to have ¾ inch square solid steel pickets with 2-inch square horizontal steel rails at the top and bottom. Pickets shall be a maximum of 5 inches apart with no decorative spikes. Other designs may be approved at the discretion of the Architectural Control Committee. 6. Vinyl fencing of simple design with pyramidal post caps in a white or almond color. Unacceptable materials include: (1) aluminum or sheet metal, (2) chicken wire or other types of woven wire except as used for rodent/rabbit control in the lower 18 inches, (3) metal or plastic chain link, (4) plastic webbing or plastic coated wire, (5) reed or straw-like materials, (6) rope or other fibrous strand elements, or (7) glass blocks and panels, plain or painted concrete block, grape stake or wood fences without a continuous top and bottom rail and continues supports. 15. On-Lot Driveway Vehicular Gates. A few lots within the community may accommodate custom driveway vehicular access gates providing they meet all criteria herein; adhere to all applicable jurisdictional codes; obtain all Development Standards required approvals and are functionally and aesthetically compatible with the adjoining lots and neighborhood setting. a. On-lot custom driveway vehicular access control gates with associated pilasters and walls or fences are subject to review and approval of the Architectural Control Committee on a case-by-case basis. b. Individual driveway gates shall compliment the architectural design and proposed garden design scheme as approved by the Architectural Control Committee. c. Gates shall not exceed a vertical height of forty two inches (42 ) as measured from finish driveway surface elevation. Gates shall be set back from the back of sidewalk or edge of a common access drive a minimum of fifteen feet (15'). 16. Exterior Lighting. The Coast promotes a Dark Sky approach to lighting. Uncontrolled or excessive lighting is prohibited. Exterior lights (light bulbs) must be screened from direct view from streets, Common Areas and adjacent dwellings and pointed downward to illuminate the immediate ground and wall area around the light fixture. Exposed fluorescent lamps, flashing lights, colored lights, excessive garden lights exposed and aligned like an airport runway, flood lights, unshielded lights placed on top of columns or pilasters, and/or unshielded exterior lights which result in glare are prohibited. Lighting is to be low lumen and integrated into the landscape and architecture of the home. 17. Mailboxes. Mailbox posts, standard and enclosures shall remain consistent with the original design provided by the Developer or as specifically approved by the Architectural Control Committee. Mailbox 25

30 locations may be in the City utility easement and behind the community walkway. Mailboxes shall comply with Post Master requirements. 18. Play Equipment / Structures. a. Basketball Hoops. One basketball backboard and hoop may be attached to the front of the residence roof overhang at the driveway provided that the backboard is either transparent or colored to match the trim color on the home. No contrasting color or striping is permitted. The backboard, hoop and net must be maintained in a complete and operable condition. One basketball backboard and hoop supported by a pole is permitted in the rear or side yard of a residence or on the side of a residence not facing a street provided the colors used are architecturally harmonious with adjoining improvements. No basketball backboard and hoop supported by a pole to the ground is allowed in the front of a residence or on the side of a residence facing a street. Portable basketball backboards and poles will be allowed on the street side of a dwelling provided they are removed from view of other lots and from the street when not in use. b. Other Play Equipment. Swings, climbing structures, trampolines and other such play equipment must be placed in the rear or side yard. Swings and slides (including those used in connection with a swimming pool) shall be at least six (6) feet from all fences located on or near perimeter lot lines and visually screened from adjacent properties with landscape planting, subject to the View Rules. The Architectural Control Committee will consider the size, design, and amount of visual screening of such equipment, the size of the lot in relation to the equipment, the noise and light intrusion on adjoining properties and other relevant factors when considering any proposed play equipment installation. Portable tether ball poles will be temporarily allowed on the street side of a dwelling provided they are removed from view of other lots and from the street when not in use. No equipment is to be placed on the Slope Easement Area or attached to any plants, shrubs or trees on the slope. No playing or activity is allowed on the Slope Easement Area. 19. Pools, Spas, Hot Tubs, Ponds and Fountains. Safety, noise, visual and other impacts on adjacent properties of swimming pools, spas and other water related Alterations, and the security fencing for such Alterations, can be significant. Such Alterations need to be carefully planned and should be discussed with your neighbors as much and as early in the planning process as possible to address and resolve such impact issues in a satisfactory manner. You will also need to comply with all applicable City building code and health ordinance provisions. a. Location. Pools and other water related recreational Alterations are to be located in rear yards. All accessory equipment, except 26

31 solar panels, shall be located, screened, or recessed so that they are not within public view. Solar panels and related solar equipment, and the fencing or other screening material around the water related feature, shall be located and installed in a manner that complies with the requirements set forth above in these Standards. b. Heaters. Heaters shall be stackless or low profile in configuration. c. Minimize Impact. All installations shall be located, sound controlled and maintained in a manner that does not disturb other residents in the neighborhood and as required by City Code. The Architectural Control Committee shall have the right, but not the obligation, to require an owner to repair or restore any installation to quiet operation or to restrict its use or operation if, in the Architectural Control Committee s opinion, further unrestricted use or operation will disturb other residents. B. Architectural Character and Structures. The Coast consists of homes without overly detailed or stylized architecture. Alterations which seek to perpetuate the understated architecture and simplicity of the community are encouraged. Below are general guidelines for building materials, form and details which are expressive of the Community s architectural character; and which will be used by the Committee in reviewing plans and specifications for compatibility with the architectural character of the community (hereinafter Guidelines ). Compliance with the Guidelines shall not be in lieu of Committee approval or selectively applied by the Applicant. Compliance with the Guidelines shall be determined by the Committee as part of the review process. 1. Heights. a. Dwellings. The maximum height for any dwelling unit (including the garage) generally shall be limited to the height of the residential dwelling unit first constructed by the developer on the Lot. For purposes of this section, a dwelling unit shall be considered the contiguous enclosed space not separated by outside space of the residence. The Architectural Control Committee may approve a greater height, if appropriate, under these Standards, but in no case in excess of 2 stories. No third floors or mezzanines are allowed (including third floor dormers or other features giving the appearance of a third floor). Additionally, Improvement heights must be compatible with surrounding structures in relation to massing and enclosure. b. Other Structures. The maximum height of any other structure, including patio structures, trellises and accessory structures is twelve (12) feet above the original grade of the Lot; provided, however, that decorative and uninhabitable structures or decorative elements of structures exceeding twelve (12) feet may be permitted in certain cases, at the discretion of the Architectural Control Committee. 27

32 2. Setbacks. The minimum setback for any structure, excluding property line fences or walls, shall be established by measurement from ultimate street right-of-way, property line, easement line, toe-of-slope, top-of-slope or interior side of developer-installed wall to the nearest portion of any structure and shall be the greater setback of any distance specified below or required by City Zoning Ordinance. The toe-of-slope or top-of-slope, for purposes of this section, shall be as originally established by the developer. Residence Minimum front yard setback Minimum side yard setback: Interior Street Flag lot Minimum rear yard setback: Standard lot Auxiliary Structures Patio Structures, Sunshades, Trellis, Gazebos, Fireplaces / Chimneys, Storage Structures, Play Equipment / Structures (screened with landscaping) Minimum front yard setback Minimum side yard setback Minimum rear yard setback Auxiliary Structures Pools and Spas Minimum front setback Minimum side yard setback (when located in rear yard) Minimum rear yard setback or top / toe of slope Auxiliary Structures Built-in Barbeques, Fire pits Minimum front setback Minimum side yard setback (when located in rear yard) Minimum rear yard setback Standard 20 ft. Existing established or no less than 6 ft. (whichever is less) 10 ft 10 ft Existing established or no less than 10 ft. (whichever is less) Standard Not permitted in front yard 6 ft. 5 ft. Standard Not permitted in front yard 6 ft. 6 ft. with Soils Report Standard Not permitted in front yard 6 ft. 6 ft. 3. Site Coverage. The maximum coverage (i.e. building footprint) of any residence shall be as established by City Zoning Ordinance. 28

33 4. Square Footage/Bulk. The total floor area (square feet) of all structures (including the garage) on a Lot shall be as established by City Zoning Ordinance and the floor area of the main dwelling, exclusive of one story open porches and garages, shall not be less than one thousand five hundred (1,500) square feet. 5. Exterior Building Walls. Materials used for exterior covering of building walls shall satisfy the following requirements: a. Materials and Colors. Acceptable materials and colors for exterior building and wall covering is: 1. Wood, colored with semi-transparent or solid color stain or paint in a color approved by the Architectural Control Committee. 2. Cementitious shingle, vertical or horizontal siding such as those produced by James Hardie or Certainteed. 3. Masonry, stone or brick. Masonry units may be of any size or type. Precision textured block must be stucco coated. Color and texture of masonry, stone and brick is to be selected to enhance the architecture of the home. Veneer when applied must terminate at inside corners to avoid exposing the thickness of the veneer to view. 4. Stucco, either machine or hand applied. Stucco color shall be approved by the Architectural Committee. Color may be either integral or applied. Heavy swirl or Spanish lace textures will not be approved. 5. Any combination of the above. 6. 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. However, exterior color material treatment used on the building walls at the front of the residence, the side of the residence facing a side street, and for a few feet (wrap around) on the sides of the residence at the front will be allowed to differ from the exterior treatment on the other building walls if such treatment is continuous and consistent on the elevations used and provides a complete architectural design statement for the entire residence. b. Overall Characteristics. Notwithstanding the acceptability of these materials, the use and application of the materials and colors remains subject to full Architectural Control Committee approval. This approval may be denied based on overall design/compatibility criteria as set forth in these Standards. The exterior cover material treatment must achieve a complete architectural design statement 29

34 that is compatible and harmonious with other homes in the neighborhood. 6. Roofs and Re-roofing. The predominant roof forms shall be hip or gable with pitches to match the existing roof form. Flat and Mansard roof forms are prohibited. Dormers and broken-up roofs shall be limited to those required to express the overall plan of the house and in all cases must be compatible and in harmony with neighboring homes. If a home Improvement requires that 50% or more of the roof be replaced, the entire roof must be replaced unless the Architectural Control Committee finds that the existing roof is so new and the materials identical in appearance (i.e. no weathering or discoloring or existing roof) that it will not be apparent that only a portion was re-roofed. Roofing material must be selected to enhance the architectural character of the house. a. Acceptable Roofing Materials. 1. Stone slate 2. Clay tile Shingle / shake type 3. Concrete tile Shingle / shake type 4. Spanish-Style or S type roofing tile 5. Architectural or Dimensional Asphalt Shingles 6. Dimensional Composition roofing b. Unacceptable Roofing Materials. 1. Crushed rock 2. Built up roofing 3. Shake 4. Composition roofing (except for Flat roof) 5. Plastic or fiberglass, flat or corrugated 6. Canvas (except in the case of awnings, if permitted by the Architectural Control Committee) 7. Metal tiles, aluminum shingles or corrugated aluminum 8. Standing seam metal or flat metal (typically proposed at patio covers) 7. Windows and Doors. a. New Windows and Doors. Windows and doors must be consistent in color, frame profile and operation on all sides of the home and enhance the architecture of the home. Window and door openings shall be designed to achieve an acceptable scale, order and proportion on all sides of the home. Window and door header heights shall be consistent and shall produce an ordered 30

35 arrangement and composition within the total wall surface of an elevation. b. Window Additions/Replacements. When existing windows and/or doors are replaced or new windows and/or doors are added, the windows and doors installed on a home shall be consistent and harmonious in design, style and order. All windows and doors shall be consistent on all elevations of the home. While this will generally require that the windows be consistent, some variation in type may be permitted if the overall result is a harmonious one. Mismatched window/styles will not be permitted. c. Glass. Window glass may be slightly reflective for energy efficiency, but may not be heavily reflective, mirrored or stained glass. 8. Fascia, Gutters, and Downspouts. a. Fascia. Fascia shall be made of wood and painted or stained with a contrasting color from the main color of the home. b. Gutters and Downspouts. Gutters and/or downspouts may be exposed or concealed. Any exposed gutters or downspouts shall be colored to match the surface to which they are attached. No exposed roof straps or plastic gutters are permitted. 9. Rooftop Appliances. a. Rooftop Appliances. Rooftop appliances are not permitted except for solar panels and attic ventilators that satisfy the requirements set forth below. b. Attic Ventilators. Attic ventilators or other mechanical apparatus requiring penetration of the roof should be as small in size as functionally possible and shall be painted to match the roof. They should be located on the least visible side of the roof and not to extend above the ridgeline except as required by applicable building codes. 10. Chimneys. Chimneys may not exceed the minimum height above combustible structures established by the City s Building Code. Chimney flashing shall be covered to match the integral or applied color of the chimney. 11. Overhangs and Other Building Projections. Cornices, eaves, and projected windows that extend beyond the footing of a dwelling may not project more than two and one half (2-1/2) feet into any front, side or rear yard setback. Roof overhangs with a minimum dimension of at least 12 inches are required and must be in proportion to the dwelling. All such projections must conform to the original or existing architectural character and style of the dwelling to which they are attached. 31

36 12. Garages. There shall be a minimum of two (2) and a maximum of three (3) enclosed garage spaces provided for each house. Minimum clear inside dimension of a 2 or 3-car garage shall be defined by City Codes. Replacement garage doors should match color of residence. White is acceptable by discretion of the Architectural Control Committee. 13. Solar Power and Thermal Systems. a. Scale Drawings. Detailed scale drawings must be submitted to the Architectural Control Committee along with the Application for approval of any Alterations that include all or any part of a solar power system. b. Solar Panels. Solar panels shall be placed (a) at locations that take into consideration the aesthetic balance of the house and the overall appearance of the community, (b) in a plane parallel to the roof plane, and (c) in a location that minimizes glare to surrounding houses. They preferably should be installed at the rear of the house or garage. Solar panels shall be installed in an aesthetically correct manner with gaps minimized and panel edges shrouded as required. Solar panels shall not exceed an overall height of eight (8) inches from the roof surface when being used for electric generation and not more than four (4) inches when used for water heating. Frames of the solar array are to be black or a dark bronze. When placed on grade, the panels shall be screened from adjacent Lots. c. Other Equipment. Preferably, no pipes, conduit or other equipment should be exposed to public view. Any hot water storage tank or battery bank located outside the house or garage must be completely enclosed. If any pipe, conduit or other equipment is visible, it shall be painted to match the color of that part of the house or other structure to which it is affixed. 14. Balconies and Raised Decks. Balconies and decks are an extension of the house and have a significant impact on its appearance. Balconies and decks may also affect the established privacy or relationship with adjacent properties. These two factors are weighed heavily in the Architectural Control Committee s review. Balconies and decks shall be treated with a finished walking surface (no gravel), and must be compatible with the house in material, color, and the design of railings and trim. All balconies and decks must be directly accessible from the living unit. No decks are permitted on or over any portion of a roof or designed in such a manner to be placed adjacent to a roof. All decks must terminate into a second floor wall and may not extend past or in front of single story roofs. Raised decks in yards may be raised no more than 12 inches above the existing grade and must be setback from property line walls to allow for landscape screening. Balconies/sundecks are limited to 200 square feet, may be roofed or unroofed, and shall be open sided, except for guard rails. 32

37 15. Patio Structures, Sun Shades, Trellises, Pavilions and Gazebos. a. Side Elevations. The side elevations of such structures shall not be fully enclosed in any manner, except in a case where a wall of a dwelling forms a natural enclosure to some or all of a side elevation. Patio structures may not be used as a substitute for room additions. Fireplaces and countertops may partially enclose an additional wall. b. Adornments. No objects such as urns, pots, televisions, etc., shall be placed on top of any such structure. All such objects shall be located under, around, or suspended within the structure. Televisions shall be placed to minimize impact to the adjacent neighbor. c. Roof Pitch. Solid roofed structures shall be design with pitched roofs to match the existing home. Open spaced roof structures (lattice or open beam) structures may be flat or horizontal. Maximum height of 12 feet d. Enclosure. With the exception of a restroom constructed in conjunction with a swimming pool, enclosed structures are not permitted. Restrooms shall have a floor area not to exceed fifty (50) square feet and shall be reviewed for location and architectural compatibility. e. Acceptable Materials. 1. The framework of such structures, including any overhead portions, must be made of wood, manufactured wood (aesthetically consistent with the proportions of wood), embossed steel, aluminum or plastic to simulate wood, except that vertical support members may be clad with stucco or compatible masonry products to relate to existing structures. 2. Roofing materials shall match the roof materials of the dwelling. All horizontal roofs must be at least 50 percent open with 2 inch x 3 inch lattice material and a minimum of 2 inch gaps between the lattice materials. f. Unacceptable Materials. 1. Structures and framework of exposed metal and prefabricated structures that do not simulate the dimension, proportion, texture and framing systems of wood. 2. Unacceptable Roofing Materials (see Section VI-B.6). g. Awnings and Trellises. Awnings and trellises provide an effective means of controlling glare and excessive heat build up on windows and doors, and help to reduce energy consumption and utility costs. The manner in which such controls are implemented 33

38 has a considerable effect on the exterior appearance of a house. Such devices must be compatible with the architectural character of the house in terms of color and materials. Such devices must also be compatible with the overall neighborhood. Trellises should be made of wood or high grade aesthetically consistent (dimensions and proportions to wood) plastic or metal, and should match the trim color of the house. The material used should be durable and weatherproof fabric. Striped awnings shall not be permitted. (Piping or edging of contrasting color not to exceed ½ width may be acceptable provided it is architecturally harmonious.) The Architectural Control Committee has the right to disapprove any awning, even within the guidelines listed above, when it does not find the proposed awnings to be architecturally harmonious with the residence or surrounding neighborhood. h. Detached Patio Structures described in this section which are not attached to main dwelling shall be carefully reviewed for location, architectural compatibility and colors to match dwelling. Structures shall not project into the required front or side yard setbacks, nor within six feet (6 ) of the rear property line or within six feet (6 ) of the top or toe slope for lots with a Slope Easement Area. If detached it shall be separated from the dwelling by at least 5 ft. 16. Exterior Colors. Color is intended to act as a primary theme-conveying element, and should be reflective of The Coast character. Colors designed to draw attention to the dwelling or accessory structures, or which in the opinion of the Committee are inconsistent with the character of the community, will be denied. Exterior colors of buildings, fences, walls and structures as approved by the Architectural Control Committee for new construction, additions or alterations shall not be changed or altered without Architectural Control Committee approval. No home is to be painted the same color scheme as any adjacent home. The Coast Architectural Control Committee has selected pre-approved color schemes for the community. These color schemes are available for review online at the Dunn Edwards website. Homeowners will be able to view all of the approved color schemes and order color chips from the website. To view the schemes follow the directions below: The Coast Color Archive page may be accessed by copying and pasting the following address into your web browser: After the Color Archive page pops up you will be able to find The Coast by typing in the City and State where the association is located. In this case, type in San Clemente, CA. All of the Associations in San Clemente will pop up. Select The Coast Homeowners Association and then look for Approved Schemes. Download each scheme to view the additional note section and obtain the discounted price from Dunn Edwards. 34

39 All external repainting requires Architectural Control Committee approval; if the color scheme is on the Approved Color List, an Application is still required to be submitted. The Architectural Control Committee may also, from time to time, pre-approve certain other colors for new construction, additions and repainting purposes. The Architectural Control Committee must approve any other colors before being used. 17. Temporary or Portable Structures. Temporary buildings, structures, outhouses, tents or trailers of any kind are prohibited on any Lot. a. Portable spas, cabanas, etc. shall not be located on a Lot unless approved by the Architectural Control Committee. Such structures may be approved for one specific location and must be harmonious to the architecture of the home and surrounding area. Such structures may require setbacks from property lines to allow landscape screening. Such structures shall not exceed 12 feet in height and must conform to the View Rules. b. Tree houses are prohibited. See VI-A.18 for Play Equipment 18. Exposed Equipment. All water softeners, gas meters, electrical meter panels, air conditioning equipment, pool equipment or other such equipment shall be completely concealed from public view and shall be installed in a place and manner that minimizes any negative impact on neighboring properties. Any electrical meter panel shall be recessed into a wall and shall be painted to match the color of that wall. Placement of each of these, as well as the type of equipment, is subject to Architectural Control Committee approval. 19. Trash Containers and Storage Areas. Trash containers must be stored out of sight when not placed for scheduled curbside service. Homeowners must consider trash and storage areas in landscape, hardscape and fence designs to assure they are screened for streets, Common Area and adjacent Lots. 20. Satellite Dish and Antenna: Satellite dish and antenna installations do not require approval by the Architectural Control Committee when the dish or antenna is less than 1 meter in diagonal dimension. Applicants must, however, comply with the following guidelines: a. Satellite dishes and antenna shall not be placed in the Common Area or Slope Easement Area. b. Satellite dishes and antenna should be placed away from front yards or portions of the roof that face the front yard. c. Cabling is to be installed in straight lines under eaves or parallel with fascia and rain gutters. Vertical cable is to be installed adjacent to rain downspouts. Cable installation in the middle of stucco walls is to be avoided. Cable which is unsupported, draped 35

40 or installed with efficiency rather than aesthetic care must be removed and reinstalled correctly. d. Cable and clips colors are to be similar in color to the adjacent surface of the structure. e. Provide reasonable screening of the dish and antenna from view by surrounding properties when the dish is located in the yard of a Lot. Such screening shall be accomplished in order of priority by: 1. Lowering the grade elevation of the pad supporting the dish and antenna such that the top of the dish/antenna shall not exceed the height of any existing opaque perimeter Lot wall, fence or landscape screening 2. Installing landscape materials around the dish and antenna to screen the dish/antenna from view 3. Combination of the above. 21. Pet Houses. A pet house should be compatible with your house in color, and should be located where it is not visible from public view and is otherwise visually unobtrusive. 22. Flags/Banners/Signs. Notwithstanding any provision or restriction contained in the Governing Documents to the contrary, and in accordance with applicable state and federal laws, certain flags, banners and signs may be displayed from within a Lot subject to the below conditions,, without the prior approval of the Association. Other signs, banners, or flags are prohibited or are subject to Architectural Control Committee approval. Sign regulations are subject to California Civil Code Sections 712, 713, 4705, and 4710, or any successor statutes, and any other applicable laws. No signs, banners or flags may be placed in Slope Easement Areas or in Common Area, except placed by the Association. a. Approval Not Required: Display of the flag of the United States made of fabric, cloth, or paper and displayed from a staff or pole, or in a window, located upon the Lot. Flag as used in the immediately preceding sentence does not mean a depiction or emblem of the flag of the United States made of lights, paint, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component. b. Approval Required: Freestanding flagpoles will be considered on a case by case basis and shall not exceed the roof height of the dwelling located on the Lot. With the exception of an American flag, the design, material, installation and lighting of flagpoles shall be subject to the review and approval of the Architectural Control Committee. c. Approval Not Required: Non-Commercial flags and banners that do not exceed 15 square feet in size and that are made of paper, cardboard, cloth, or fabric may be posted or displayed from the 36

41 yard, window, door, balcony, or outside wall of the Lot. Flags and banners must have no commercial content and must be maintained continually in good repair. The flagstaff holding the decorative flag must be no longer than six (6) feet in length. The staff must be removed when a flag is not displayed. d. Approval Not Required: Non-Commercial signs that do not exceed 9 square feet in size and that are made of paper, cardboard, cloth, or fabric may be posted or displayed from the yard, window, door, balcony, or outside wall of the Lot. Signs must have no commercial content and must be maintained continually in good repair. e. Approval Not Required: An Owner may advertise a home for sale or lease with one (1) standard real estate sign of reasonable color and display qualities and of reasonable dimensions as defined by the Rules and Regulations as may be adopted and amended from time to time by the Board. f. Prohibited: No other sign or advertising device may be displayed anywhere on the Lot, with the exception of commonly accepted protective devise signs, including for security alarms. g. Prohibited: Except for a real estate sign or security alarm sign, display of commercials signs from a Lot is prohibited. h. Prohibited: No sign, banner, or flag may be made of lights, roofing, siding, paving materials, flora, or balloons, or include the painting or architectural surfaces. i. Prohibited: Notwithstanding anything to the contrary set forth herein above, the Association may prohibit the display of any flag, banner, or sign as required for the protection of the public health or safety or if the display would violate any local, state or federal law. 23. Air Conditioners: Air conditioners may be installed subject to prior written approval from the Architectural Control Committee. Any such equipment shall be screened from view from adjacent residences and streets. Care must be taken not to place air conditioning units adjacent to neighbor's windows. Air conditioning units shall comply with the minimum acoustic requirements of City Codes. Window/room air conditioners having visibility on the outside of a residence are not in keeping with the aesthetic harmony of the neighborhood and are therefore not permitted. 24. Screen Doors and Security Bars: All screen doors, other than those provided as standard with sliding glass doors, must be approved by the Architectural Control Committee. Exterior security bars are prohibited. Security bars are to be placed on the interior of the home. 37

42 25. Rain Barrels a. Placement. Rain barrels shall be completely concealed from public view and shall be installed in a place and manner that minimizes any negative impact on neighboring properties. The rain barrel and stand shall be painted to match the color of the house wall or trim. Rain barrels need to be placed on flat areas, near a downspout, and where the overflow from the rain barrel will not impact existing landscape watering, buildings or neighboring properties. b. Specifications. The intake opening, overflow port and outflow port/valve should be covered with fine mesh window screen and tightly sealed. An overflow outlet is required. Decorative tops should be kept clear of standing water. c. Prevention of Mosquito Breeding. Rain barrels are not designed to safely store water. Collected rain water should be used right away and the barrel must stay dry between rain events. The structural integrity of the barrel should be checked on a regular bases for repair or replacement of damaged or worn screens, clogged openings, and loose fitting lids or caps. All openings must be screened to prevent mosquitoes from entering the barrel. 26. Unspecified Items: Any material, condition, architectural feature or other item not specifically described in these Standards shall become a matter of discretionary judgment on the part of the Architectural Control Committee acting in good faith on behalf of the best interests of the Association as a whole. 27. Slope Areas and Recreational Common Areas 1. Recreational Common Area Recreational Common Areas are areas, outside property owners lots where all homeowners have an interest and such areas contain trails, landscaping, lawns and other improvements for the common use and enjoyment of the Owners. No Resident is allowed to use Recreational Common Areas for his or her exclusive use. All plans submitted to the Architectural Control Committee for approval must clearly show property lines and dimensions to ensure no encroachment upon Recreational Common Area. 38

43 2. Slope Areas Slope Easement Areas are areas located on privately owned Lots for which the Association holds a recorded easement for exclusive control of such slope area pursuant to the CC&Rs. See Association s total plot plan map or review your individual title documents. Even though a property owner owns a slope area, if the Association has an easement over this slope area, this easement and the provisions of the CC&Rs severely restrict the property owner s rights as and to the slope area. The management and maintenance of the Slope Easement Areas including, but not limited to, the trimming, replacing or removal of trees or shrubbery and the maintenance, irrigation replacement, restoration and operation of all improvements, equipment, and landscaping thereon, is exclusively vested in the Association. Property Owners are prohibited from constructing improvements, include cutting, removing or planting of trees or shrubs on the Slope Easement Areas or from modifying the Slope Easement Areas. All plans submitted for Architectural Control Committee approval shall clearly show the boundaries and location of any Slope Easement Area located upon the Applicant s Lot. 39

44 HOME IMPROVEMENT APPLICATION (Must be submitted no less than 10 business days before the scheduled meeting) Please complete and include this request form, along with three sets of all required information to the Management Company. See Submission Standards for Checklist. IMPORTANT DISCLOSURE: Pursuant to Civil Code Section 4765, a proposed architectural change may not violate any governing provision of law, including, but not limited to, the Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), or a building code or other applicable law governing land use or public safety (collectively, Laws and Codes ). Neither the Association s agent(s), the Board, nor the Architectural Control Committee ( AC ) reviewing your application for property Improvement(s) is responsible for becoming knowledgeable of, or interpreting, or enforcing the Laws and Codes that may be applicable to the subject improvement(s), and, therefore, neither the AC nor the Board shall confirm compliance or noncompliance with any of the Laws and Codes as part of the review process. Accordingly, the Applicant is responsible for confirming compliance with the Laws and Codes, and any approval by the AC or the Board shall not be deemed a statement, representation, or warranty that your plans are in compliance with the Laws and Codes. Further, any approval is conditioned upon all the proposed Alterations complying with all applicable Laws and Codes, and to the extent any of the proposed Alterations violate any of the applicable Laws and Codes, any approval given shall be void and of no effect as to the improvement(s) that violate any of the Laws and Codes. NAME: DATE: PROPERTY ADDRESS: MAILING ADDRESS: WORK PHONE: HOME PHONE: PROPOSED START DATE: COMPLETION DATE: APPLICATION FEE: MINOR (No Fee); MODERATE LANDSCAPE (No Fee); MAJOR LANDSCAPE (No Fee); MODERATE ARCHITECTURAL ($100 Fee); MAJOR ARCHITECTURAL ($150 Fee plus Architectural Review Fee). PLAN SUBMITTAL CHECK LIST: (See Submission Standards) PROJECTS BEING SUBMITTED: (Please check appropriate items) ARCHITECTURAL LANDSCAPE/HARDSCAPE EQUIPMENT AWNINGS(S) DRAINS AIR CONDITIONER BALCONY FENCE(S)/WALL(S): SPORT EQUIPMENT GAZEBO(S) FRONT PLAYHOUSE GREEN HOUSE SIDE POOL & EQUIPMENT LIGHTING REAR SPA & EQUIPMENT PATIO COVER(S) RETAINING SOLAR PANELS PAINTING RELOCATION PLAYGROUND EQUIPMENT GUTTERS/ DOWNSPOUTS FIRE PIT SKYLIGHTS LANDSCAPE: FIREPLACE ROOM ADDITION HARDSCAPE OUTDOOR KITCHEN DOORS AND/OR WINDOWS FRONT ANTENNA/SATELLITE DISH PAVILION REAR NEW HOME SIDE OTHER: Installation to be at no cost whatsoever to the Association. Any further maintenance shall be the responsibility of the Member, his or her heirs or assigns. MEMBER'S SIGNATURE DATE ARCHITECTURAL CONTROL COMMITTEE COMMITTEE S SIGNATURE DATE ( ) Approved ( ) Approved with Conditions ( ) Disapproved ( ) Re-submittal required with the following additional information: 40

45 SUBMISSION STANDARDS CHECKLIST is professionally managed by AMMCOR. All Applications must be mailed or delivered to: Architectural Control Committee C/O AMMCOR 910 Calle Negocio, Suite 200 San Clemente, CA In order for your plans to be processed in a timely manner, please make sure that they are complete and include the following items as indicated in the ACC Development Standards and that three (3) copies of all plans are submitted. The Applicant reviews the Development Standards and prepares plans depicting the proposed new Alterations. To expedite the approval of submitted Application packages, the Applicant must include, at a minimum, each of the items detailed below. Application packages that do not contain required details may be returned as incomplete and will require re-submittal. Plans submitted for review shall be drawn at the minimum scales listed below: Site Plan / Grading Plan at 1 =10 or 1/8 = 1-0 Roof Plan at 1/4 = 1-0) Floor Plan at 1/4 = 1-0) Elevations at 1/4 = 1-0) Sections at 1/4 = 1-0) Fence and Wall Plans at 1/8 = 1-0) Landscape and Hardscape Plans at 1/8" = 1'-0" All Application submissions for Architectural Control Committee review shall include, where applicable, the following: New Homes / Additions / Remodels / Exterior Modification: Completed Application Review Fee Neighbor Notification form Signed General Conditions of Approval form Three (3) sets of the following: Description of materials to be used and where (specifications). Accurately scaled and dimensioned floor plans, roof plans and exterior elevations of the proposed and existing structures. Existing structures may be illustrated with photos. Exterior elevations are to illustrate gutters and downspouts, windows, doors, finishes and other architectural features. 41

46 Floor area calculations of the existing and proposed work including total lot coverage as a percentage An accurately scaled and dimensioned site plan / plot plan / grading plan illustrating the location of existing and proposed Alterations as well as the following: 1. Include a profile of applicants home as well as adjacent homes to clarify their proximity to proposed Alterations. 2. Include property line locations and dimensions, patio areas and easement location(s). 3. Fences / walls and gates 4. Existing and proposed drainage system as well as current slope / drainage pattern and grades. 5. Lighting type and location 6. All required setbacks and Height Restriction Areas 7. Photos of the existing home or empty Lot. Landscape / Hardscape: Completed Application Neighbor Notification form Signed General Conditions of Approval form Three (3) sets of the following: An accurately scaled and dimensioned site plan illustrating the location of existing and proposed Alterations as well as the following: 1. Include a profile (illustrated on site plan) of applicants home as well as adjacent homes to clarify their proximity to proposed Alterations 2. Include property line locations and easement location(s) 3. All proposed and existing sidewalks and planters 4. Description of materials to be used and where (specifications) 5. Description and layout of proposed and existing plants and trees. The description should include the common and botanical plant names and identify the full size of plants and trees at maturity. 6. Existing and proposed sprinkler / irrigation system 7. Existing and proposed drainage system as well as current slope / drainage pattern and grades. 8. Existing and proposed shade structure(s), arbors, gazebos, trellis, stairs, pools, spas, ornamental rock features and other features 9. Roof plans and elevations of proposed structures 10. Fireplace, BBQ grille and or fire pit location and type 11. Lighting type and location 12. Walls and fences 13. All required setbacks and Height Restriction Areas Shade Structure / Awnings / Arbors / Gazebos / Pavilions / Play Houses / Patio Roofs: Completed Application Neighbor Notification form Signed General Conditions of Approval form 42

47 Three (3) sets of the following: Description of materials to be used and where (specifications) Accurately scaled and dimensioned elevations of the proposed and existing structures. Existing structures may be illustrated with photos Paint and material samples Floor area calculations of the existing and proposed work including total lot coverage as a percentage An accurately scaled and dimensioned site plan illustrating the location of existing and proposed Alterations as well as the following: 1. Include a profile of applicants home as well as adjacent homes to clarify their proximity to proposed Alterations. 2. Include property line locations and easement location(s). 3. Lighting type and location 4. All required setbacks Fireplaces / Fire Pits / Outdoor Kitchens Completed Application Neighbor Notification form Signed General Conditions of Approval form Three (3) sets of the following: Description of materials to be used and where (specifications) Accurately scaled and dimensioned elevations of the proposed and existing structures. Existing structures may be illustrated with photos Paint and material samples Floor area calculations of the existing and proposed work including total lot coverage as a percentage only if the Alterations are roofed / covered An accurately scaled and dimensioned site plan illustrating the location of existing and proposed Alterations as well as the following: 1. Include a profile of applicants home as well as adjacent homes to clarify their proximity to proposed Alterations. 2. Include property line locations and easement location(s). 3. Lighting type and location 4. All required setbacks and Height Restriction Areas Exterior Color and Finishes (Painting and Siding): Completed Application Signed General Conditions of Approval form Selection from pre-approved color schemes or submission of a customize paint color selection. Three (3) sets of the following: Paint Pallet describing where paint will be used (trim, siding, door, etc.) Exterior photos identifying where color will be applied or digitally rendered photo using coloring software 43

48 Exterior photos of adjacent homes Note: Adjacent homes (next door) may not have the same color palette. Roofing / Skylights / Solar Panels: Completed Application Neighbor Notification form Signed General Conditions of Approval form Three (3) sets of the following: Sample or color photos and literature of roofing materials If adding skylights, provide literature describing and illustrating the skylights. Provide an accurately scaled roof plan showing the exact size and location of the skylights. If providing solar panels, provide literature describing and illustrating the solar panels. Provide and accurately scaled plan showing the location of the proposed panels and support equipment. Window / Door Replacement: Completed Application Signed General Conditions of Approval form Three (3) sets of the following: Sample or color photos and literature of window / door materials clearly identified Floor Plan showing the location of proposed window / door replacement Photos of exterior of home Garage Door Replacement: Completed Application Signed General Conditions of Approval form Three (3) sets of the following: Photo of the existing garage door Color photos or literature of proposed door with materials and colors identified Fences / Walls / Gates: Completed Application Neighbor Notification form Signed General Conditions of Approval form Three (3) sets of the following: Description of materials to be used and where. Accurately scaled and dimensioned elevations or brochure illustrations of the proposed and existing fences / walls or gates. Existing fences / walls or gates may be illustrated with photos. Paint or stain samples if the fence / wall or gate is to be painted or stained. An accurately scaled and dimensioned site plan illustrating the location of existing and proposed Alterations as well as the following: 44

49 1. Include a profile of applicants home as well as adjacent homes to clarify their proximity to proposed Alterations. 2. Include property line locations and easement location(s) 3. Proposed and existing fences / walls / gates and guardrails 4. Lighting type and location (if any) 5. All required setbacks Spas / Pools / Water Features: Completed Application Neighbor Notification form Signed General Conditions of Approval form Three (3) sets of the following: Description of materials to be used and where. Accurately scaled and dimensioned spa / fountain plans. Accurately scaled and dimensioned elevations of proposed and existing structures to support the new spa, pool or fountain. Existing structures may be illustrated with photos. Color, composition and height of new fences or walls Pump and filter data and noise control measures An accurately scaled and dimensioned site plan illustrating the location of existing and proposed Alterations as well as the following: 1. Include a profile of applicants home as well as adjacent homes to clarify their proximity to proposed Alterations 2. Spa, pool and fountain location 3. Include property line locations and easement location(s) as applicable. 4. Location and height of new walls or fence required to support the spa / pool / fountain installation. 5. Pump and filter equipment location and noise rating 6. Solar panels or collectors 7. Lighting type and location 8. All required setbacks Air Conditioning: Completed Application Signed General Conditions of Approval form Three (3) sets of the following: Description of equipment to be used including data on decibel levels An accurately scaled and dimensioned site plan illustrating the location of existing and proposed Alterations as well as the following: 1. Include a profile of applicants home as well as adjacent homes to clarify their proximity to proposed Alterations. 2. Equipment location and required setbacks Noncommercial Flags / Banners / Signs: 45

50 Completed Application Neighbor Notification (unless deemed a Minor Modification) Three (3) sets of the following: Description, size and quantity of flags, banners or signs to be installed and method of support An accurately scaled and dimensioned site plan and photographs illustrating the location of proposed flag, banner or sign placement Sports / Play Equipment: Completed Application Neighbor Notification form Signed General Conditions of Approval form Three (3) sets of the following: Description of materials to be used and where. Accurately scaled and dimensioned site plans showing the proposed location Accurately scaled and dimensioned elevations of proposed and existing structures to support the equipment / court. Existing structures may be illustrated with photos. Color, composition and height of new fences, walls or landscape screening An accurately scaled and dimensioned site plan illustrating the location of existing and proposed Alterations as well as the following: 1. Include a profile of applicants home as well as adjacent homes to clarify their proximity to proposed Alterations. 2. Equipment location 3. Include property line locations and top of slope location(s) as applicable. 4. Location and height of new walls or fence required to support the equipment installation. 5. Lighting type and location 6. All required setbacks 46

51 FACING, ADJACENT AND IMPACTED NEIGHBOR NOTIFICATION STATEMENT The attached plans were made available to the following neighbors for review: Impacted Neighbor Impacted Neighbor Address Print Name Signature Date Address Print Name Signature Date Common Area or Back Yard - Rear of Home Adjacent Neighbor Adjacent Neighbor Address Print Name Signature Date YOUR HOUSE Name Address Address Print Name Signature Date Your Street - Front of Home Facing Neighbor Facing Neighbor Facing Neighbor Address Print Name Signature Date Address Print Name Signature Date Address Print Name Signature Date My neighbors have seen the Application and Exhibits I am submitting for Architectural Control Committee Approval (see above verification). If any neighbor has a concern, they should contact the Management Company in writing. Please note that neighbor objections do not in themselves result in denial of the plans but the Committee may consider the neighbor s objections. SUBMITTED BY: Name: Date: Property Address: 47

52 Date: NOTICE OF COMPLETION Property Address: Owner s Name: Signature: Mailing Address: Home Phone: Business Phone: Completed Per Approval: I herby notify the Architectural Control Committee that the above referenced improvement was completed on the above date in conformance with the plans and specifications approved by the Architectural Control Committee. Not Completed Per Approval: I herby notify the Architectural Control Committee that the above referenced improvement was not completed in conformance with the plans and specifications approved by the Architectural Control Committee. Explanation: Type of Work (check one or more): ARCHITECTURAL LANDSCAPE/HARDSCAPE EQUIPMENT AWNINGS(S) DRAINS AIR CONDITIONER BALCONY FENCE(S)/WALL(S): SPORT EQUIPMENT GAZEBO(S) FRONT PLAYHOUSE GREEN HOUSE SIDE POOL & EQUIPMENT LIGHTING REAR SPA & EQUIPMENT PATIO COVER(S) RETAINING SOLAR PANELS PAINTING RELOCATION PLAYGROUND EQUIPMENT GUTTERS/ DOWNSPOUTS FIRE PIT SKYLIGHTS LANDSCAPE: FIREPLACE ROOM ADDITION HARDSCAPE OUTDOOR KITCHEN DOORS AND/OR WINDOWS FRONT ANTENNA/SATELLITE DISH PAVILION REAR NEW HOME SIDE OTHER: PLEASE ENCLOSE PHOTOGRAPHS OF THE COMPLETED ALTERATIONS. (DO NOT WRITE BELOW THIS LINE) Inspected by: Date: The Architectural Control Committee reviewed the Alterations and recommends the following Disposition: APPROVED: Final review is complete and the Owner is in general conformance with the approved plans and noted changes are acceptable. DISAPPROVED: Owner is not in reasonable conformance with the approved plans. Owner shall complete/modify/remove the items noted below. After all items have been corrected, resubmit for final review. Comments: Architectural Control Committee Signature Date 48

53 Garage Door: Color Main Body: Color Fascia: Color Trim: Color Front Door: Color Windows: Color PAINT SUBMITTAL EXAMPLE Provide a similar photograph of your home and list the color for each of the features identified. Identify the paint manufacturer, paint number and paint name. Provide samples of the colors. SUBMITTED BY: Name: Date: Property Address: 49