ARCHITECTURAL GUIDELINES PREPARED FOR STONERIDGE AT MISSION VIEJO ASSOCIATION Adopted by the Board of Directors Date: December 1, 1997 Amended: July 12, 1999 Amended: November 12, 2001 Amended: January 14, 2002 Amended: January 14, 2008 Amended: January 4, 2010 STONERIDGE AT MISSION VIEJO ASSOCIATION ARCHITECTURAL GUIDELINES TABLE OF CONTENTS I. Purpose.
.1 II. Guidelines ...2 III. Architectural Standards..
.6 IV. General Conditions .17 Home Improvement Form - Exhibit B .19 Impacted Neighbor Statement - Exhibit C .21 Notice of Completion - Exhibit D .22 V. Enforcement Policy.......
.23 Rules and Violation Report - Exhibit E.
.24 VI. Fine Schedule........
.25 VII. Procedure for Homeowner Hearing..
.26 2 ARCHITECTURAL GUIDELINES FOR STONERIDGE AT MISSION VIEJO ASSOCIATION I. PURPOSE As set forth in the Declaration of Restrictions, the Architectural Review Committee is vested with the power to review and approve all improvements to all Lots within Stoneridge at Mission Viejo Association. Such improvements include, without limitation, additions, modifications and alterations to Lots, signs, fences, walls, landscaping, screens, patios and patio covers, window treatments, air conditioning units and attic fans and any other modifications to the exterior of an appurtenant Dwelling or other Improvements or alterations to your home.
The Architectural Review Committee does not seek to restrict individual creativity or personal preference, but rather to help assure continuity in design which will help preserve and improve the appearance of the Community and enhance the property values of all Owners in the Community.
The Board of Directors has the right to delegate its review and approval rights to an Architectural Review Committee. The Architectural Review Committee shall be
values of all Owners in the Community.
The Board of Directors has the right to delegate its review and approval rights to an Architectural Review Committee. The Architectural Review Committee shall be comprised of three (3) members. Members of the Architectural Review Committee shall receive no compensation for services rendered other than reimbursement for any expenses that might be incurred in performing their duties. The Architectural Review Committee has the right to retain architects or other construction specialists as may be necessary to perform its duties.
Prior to the commencement of any addition, alteration or construction work of any type on any residential Lot in Stoneridge at Mission Viejo Association, you must first make application to the Architectural Review Committee for approval of such work. Failure to obtain approval of the Architectural Review Committee may constitute a violation of the Declaration of Restrictions affecting your home, and may require modification or removal of unauthorized works of Improvement at your expense.
A building or other permit may be required by the City of Mission Viejo Building Department or other governmental agencies prior to the commencement of any work. Neither the Architectural Review Committee nor the Association assumes any responsibility for failure to obtain such permits. Also, obtaining such permits does not waive the obligation to obtain Architectural Review Committee approval.
3 II.
GUIDELINES A.
Submission Procedure and Requirements 1.
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All applicants ("Applicants") for Architectural Review Committee approval are to be made on the standard Stoneridge at Mission Viejo Home Improvement Form (Exhibit B).
Submission of Applications - All Applications may be mailed or
for Architectural Review Committee approval are to be made on the standard Stoneridge at Mission Viejo Home Improvement Form (Exhibit B).
Submission of Applications - All Applications may be mailed or hand delivered to the Stoneridge at Mission Viejo Architectural Review Committee, c/o Action Property Management, Inc., 2603 Main Street, Suite 500, Irvine, CA 92614.
Reasonable Fees - The Board of Directors, or the Architectural Review Committee, may assess a processing fee not to exceed $35.00 per submission for review of plans and specifications required pursuant to these standards. Fees for improvements that meet the following criteria will be refunded upon certification of the Notice of Completion by the Architectural Committee: Residence painting using the original color and paint scheme.
Construction Drawings - Plans and specifications for works of Improvement must be prepared in accordance with the applicable building codes, and with sufficient clarity and completeness to enable the Committee to make an informed decision on your request.
Submission of Application/or Improvements - Please forward four (4) sets of your proposed plans and specifications, together with a transmittal letter describing the proposed improvements, the standard Home Improvement Form (Exhibit B), and the Facing, Adjacent and Impacted Neighbor Statement (Exhibit C) along with the following information to the Architectural Review Committee to constitute a complete Application. Please mail this information to the address noted above in item #2. One (1) set will be returned to you after completion of the review and Architectural approval.
a) Transmittal letter describing word.
b) Plot plan drawn to scale showing the following: c) All proposed Improvements and relevant elevations, together
etion of the review and Architectural approval.
a) Transmittal letter describing word.
b) Plot plan drawn to scale showing the following: c) All proposed Improvements and relevant elevations, together with desired location of such Improvements to the Lot.
d) Transmittal letter describing word.
4 e) Manufactures Specifications f) Complete dimensions of the proposed Improvements.
g) Manufacture Specifications h) Description of materials and finishes to be used; including the proposed color scheme. Samples or clear color photos should be provided.
i) Drainage plans (if applicable) showing overall dimensions and area of Improvements reflecting your preliminary design concept.
j) Floor plans (if applicable) showing overall dimensions and area of Improvements reflecting your preliminary design concept.
k) Proposed construction scheduled.
1) Landscape plan with call out of all plant materials and working drawings (if applicable).
m) If proposed Improvements require access over the Common Area or Common Facilities for purposes of transporting labor or materials, written permission shall be required from the Association. Any such requests must be filed with the Board of Directors prior to the commencement of your Improvement.
n) Any other information or documentation deemed to be necessary by the Architectural Review Committee in evaluating your request.
Failure to Comply with Required Procedures Failure to comply with the requirements and procedures set forth herein shall cause your Application to be delayed pending submission of other information and documentation to the Architectural Review Committee. An incomplete Application shall affect the time limits for approval otherwise reserved in favor of the Architectural Review Committee.
Approval by Architectural Review Committee
ural Review Committee. An incomplete Application shall affect the time limits for approval otherwise reserved in favor of the Architectural Review Committee.
Approval by Architectural Review Committee The Architectural Review Committee shall transmit its decision and the reasons therefore to the Applicant at the address set forth in the application for approval, within forty-five (45) days after the date the Architectural Review Committee receives all required materials ("Effective Date"). Any application submitted pursuant to Section 8.2 of the CC&Rs, shall be deemed approved unless the Architectural Review Committee transmits written disapproval or a request for additional information or materials to the Applicant within forty-five (45) days after the Effective date. The Applicant shall meet any review or permit requirements of the City or other jurisdictional or regulatory agency prior to making any construction, installation or alterations permitted hereunder Enforcement Failure to obtain the necessary approval from the Architectural Review Committee, or failure to complete the Improvements in conformity with the plans and specifications approved by the Architectural Review Committee, may constitute a violation of the Declaration of Restrictions and may require modifications or removal of any work or Improvement at your expense.
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Violations All Owners in Stoneridge at Mission Viejo Association shall have the right and responsibility to bring to the attention of the Architectural Review Committee, any violations of the Standards set forth herein.
Notice of Completion Upon the completion of any construction or reconstruction or the alteration or remising of any Improvement, or upon the completion of any other work for
tandards set forth herein.
Notice of Completion Upon the completion of any construction or reconstruction or the alteration or remising of any Improvement, or upon the completion of any other work for which approved plans and specifications are required, the Owner shall complete and forward a written Notice of Completion (Exhibit D) to the Architectural Review Committee. Notice of Completion must be submitted within thirty (30) days of completion of Improvements.
Inspection The Architectural Review Committee or its duly authorized representative may inspect any work for which approval of plans is required. The right to inspect includes the right to require Owner to take such actions as may be necessary to remedy any noncompliance with the Architectural Review Committee approved plans for the work. The Architectural Review Committee's right to inspect the work and notify the responsible Owner of any Noncompliance shall terminate sixty (60) days after the work has been completed and a Notice of Completion has been received by the Architectural Review Committee. If the Architectural Review Committee fails to send a Notice of Noncompliance to an Owner before this time limit expires, the work shall be deemed to comply with the approved plans.
Noncompliance If an Owner has failed to remedy any Noncompliance within sixty (60) days from the date of notification from the Architectural Review Committee, the 6 I J.
Architectural Review Committee shall notify the Board in writing of such failure.
Upon Notice and Hearing, the Board shall determine whether there is a Noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If an Noncompliance exists, the Owner shall remedy or
e Board shall determine whether there is a Noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If an Noncompliance exists, the Owner shall remedy or remove the same without a period of not more than forty-five (45) days from the date the notice of the Board ruling is given to the Owner. If the Owner does not comply with the Board ruling within that period, the Board may record a Notice of Noncompliance and commence a lawsuit for damages or injunctive relief, as appropriate, to remedy the Noncompliance.
Scope of Review The Architectural Review Committee shall review and approve, conditionally approve or disapprove all plans submitted to it for any proposed construction, installation or alteration solely on the basis of aesthetic considerations, consistency with the CC&Rs, and the overall benefit or detriment which would result to the immediate vicinity and the Properties generally. The Architectural Review Committee shall consider the aesthetic aspects of the architectural designs, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features. The Architectural Review Committee's approval or disapproval shall be based solely on the considerations set forth in Article VIII, Section 8.7 of the CC&Rs.
The Architectural Review Committee is not responsible for reviewing, nor may its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building or other codes.
The Architectural Review Committee may neither consider the impact of views from other Dwelling Units or Lots nor privacy right claims as factors in reviewing, approving or disapproving any proposed landscaping, construction or other
e may neither consider the impact of views from other Dwelling Units or Lots nor privacy right claims as factors in reviewing, approving or disapproving any proposed landscaping, construction or other Improvement. Neither Declarant or any Merchant Builder or Association warrants any protected views within the Properties, and no Dwelling Unit or Lot is guaranteed the existence or unobstructed continuation of any particular view.
The Architectural Review Committee may not change the architectural and landscaping design of the Properties, as established by Declarant, without the prior written consent of Declarant for so long as Declarant is entitled to exercise its veto right.
Variance The Architectural Review Committee may authorize variances from compliance with any of the architectural provisions of the CC&Rs, 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. Such variances must be evidenced in writing, must be signed by a majority of the Architectural Review Committee, and become effective upon Recordation. The Board must approve any variance recommended by the Architectural Review Committee 7 before any such variance becomes effective. If such variances are granted, no violation of the covenants, conditions and restrictions shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance does not waive any of the terms and provisions for any purpose except as to the particular property and particular provision hereof covered by the variance, nor does it affect the Owner's obligation to comply with
e any of the terms and provisions for any purpose except as to the particular property and particular provision hereof covered by the variance, nor does it affect the Owner's obligation to comply with all applicable governmental ordinances affecting the use of his/her Lot and Dwelling Unit.
III. ARCHITECTURAL STANDARDS A. Structural or Material Additions or Alterations Exteriors of any building shall conform to the material, colors, character and detailing as established on existing Lots within the respective Tract.
1) Structures in this section shall conform to the original structural character of the existing Residence.
Structures under this section will be stained or painted to match or be complimentary with colors used on its appurtenant Dwelling.
2) 3) Structures in this section shall have either flat or shed roofs, or a form consistent with the existing roof-lines.
4) 5) 6) 7) 8) In designing this addition, intrusion upon a neighbor's privacy, or the passage of light or air to a contiguous Residence, shall be kept to an absolute minimum.
Patio sun shades, gazebos, arbors, trellis and other structures shall be of wood construction, with the exception of vertical supports which may be of stucco or masonry as approved by the Architectural Review Committee.
Samples of simulated wood grain materials must be submitted to the Architectural Review Committee for their review and approval prior to installation. Approved simulated wood grain materials must be colored white or to match the existing stucco or fascia trim of the home.
Patio covers and arbors: The maximum height of (10) feet from the original finish grade to the top of the highest point on the structure shall be allowed for attached or freestanding structures.
home.
Patio covers and arbors: The maximum height of (10) feet from the original finish grade to the top of the highest point on the structure shall be allowed for attached or freestanding structures.
Gazebos: The maximum height of a gazebo shall be twelve (12) feet from the original finish grade to the top of the highest point on the structure.
00 9) 10) 11) 12) Trellis: Reviewed on a case-by-case basis and shall be of wood or wrought iron construction only.
Sun decks, balconies, and patio enclosures, etc: Reviewed on a case-by-case basis.
No current or future views are guaranteed.
Additions: Room additions, eaves, and balconies, or any other exterior alterations to any Dwelling, shall be constructed with materials that conform to the type, quality, character, and detail established in the existing Dwelling. New roof areas shall be of the same pitch, material, color, and texture of the existing roof. Freestanding structures (i.e.: cabana, pool house, etc.) shall not exceed a maximum height of twelve (12) feet.
B. Landscaping and Other Related Improvements Front landscape: Each Owner shall complete the installation of landscaping on the front yard of such Owner's Lot in accordance with a plan approved by the Architectural Review Committee within six (6) months after the Close of Escrow.
Each Owner shall obtain all permits necessary and shall comply with all requirements of the applicable Local Governmental Agency.
Rear landscape: Each Owner shall be required, at the Owner's sole expense, to install rear yard landscaping on or before the sixth month (6) from the adoption of this policy by the Board of Directors, in accordance with plans and specifications set forth in the CC&R's and by the Architectural Review Committee.
C. Drainage
e sixth month (6) from the adoption of this policy by the Board of Directors, in accordance with plans and specifications set forth in the CC&R's and by the Architectural Review Committee.
C. Drainage No one may interfere with or alter the rain gutters, downspouts or drainage systems originally installed by Declarant or the Merchant Builders, or alter or interfere with the established drainage pattern over any Lot or Common Area unless an adequate alternative provision is made for proper drainage with the Architectural Review Committee's prior written approval.
For the purpose hereof, "established" drainage means the drainage pattern and drainage improvements which exist at the time that the Lot is conveyed to the Owner by Declarant or Merchant Builder, and includes drainage from the Lots onto the Common Area and from the Common Area onto the Lots.
Each Owner, by accepting a grant deed to his/her Lot, acknowledges and understands that in connection with the development of the Properties, Declarant or a Merchant Builder may have installed one or more "sub-drains" beneath the surface of such Owner's Lot. The sub-drains and all appurtenant improvements constructed or installed by Declarant or a Merchant Builder ("Drainage Improvements"), if any, provide for subterranean drainage of water from and to 9 various portions of the Properties. To ensure adequate drainage within the Properties, it is essential that the Drainage Improvements, if any, not be modified, removed or blocked without having first made alternative drainage arrangements.
Therefore, no Owner may alter, modify, remove or replace and Drainage Improvements located within such Owner's Lot without receiving prior written approval from the Architectural Review Committee in accordance with Article VIII
er, modify, remove or replace and Drainage Improvements located within such Owner's Lot without receiving prior written approval from the Architectural Review Committee in accordance with Article VIII of the CC&R'. In connection with obtaining such approval, the Owner must submit a plant to the Architectural Review Committee for alternative drainage requirements of the Local governmental Agency, notwithstanding any approval by the Architectural Review Committee.
1. Drainage and Fill There shall be no interference with the established drainage patterns over the Lot or Common Area, unless an adequate alternative provision is made for proper drainage and is first approved in writing by the Architectural Review Committee.
The Board of Directors shall request the following actions of a homeowner in the event that a drainage issue is presented to the Board: 2. Drainage Occurring From Private Property a. The complaining homeowner shall speak directly with the offending property owner.
If other action is necessary, then: b. A letter shall be sent from the complaining homeowner to the offending homeowner by certified mail, requesting resolution to the issue.
If other action is necessary, then: sent to the c. The complaining homeowner shall present the letter offending homeowner with the mail receipt to the Board of Directors to show the above actions were completed and the issue remains unresolved. The Board of Directors, shall, at their discretion, recommend that the complaining homeowner obtain a written opinion from a registered civil engineer at the cost of the complaining homeowner. If the written opinion supports the allegations against the offending homeowner, the Board shall, again at their discretion, send a
registered civil engineer at the cost of the complaining homeowner. If the written opinion supports the allegations against the offending homeowner, the Board shall, again at their discretion, send a letter, with the written opinion attached, to the offending homeowner by certified mail, requesting resolution to the issue.
If other action is necessary, then: d. The Board shall, at their discretion, refer the issue back to the complaining and offending homeowners to resolve themselves, as to who 10 will pay for the civil engineering opinion and to correct the drainage issue. If the Board refers the issue back to the homeowners, a written confirmation of this will be mailed to each homeowner.
D. Gutters and Downspouts No gutters, downspouts or scuppers to control water shed from roofs shall be installed without prior approval of the Architectural Review Committee. Such Improvement shall be primed and painted to match the surface color of its appurtenant Dwelling. Each Owner shall also ensure that the gutters and downspouts serving his/her Residence are kept clean and free of debris.
E. Outside Installations No projections of any type may be placed or permitted to remain above the roof of any building within the Properties, except one or more chimneys and vent stacks originally installed, if at all, by Declarant or by a Merchant Builder, or otherwise approved by the Architectural Review Committee.
1) Outdoor fireplaces: Shall be defined as any structure used to build a fire that includes a chimney element. Outdoor fireplaces may be freestanding or attached to the main dwelling.
Outdoor fireplaces will be reviewed on a case-by-case basis and shall not exceed a maximum height of eight (8) feet and shall be restricted to rear yards only.
anding or attached to the main dwelling.
Outdoor fireplaces will be reviewed on a case-by-case basis and shall not exceed a maximum height of eight (8) feet and shall be restricted to rear yards only.
Outdoor fireplaces that exceed the height of the perimeter walls/fences or are visible from the streets or Common Area shall be compatible with the main Dwelling. Fireplaces that reflect an independent design theme as well as overly ornate designs or commercial looking designs are prohibited.
Kiva style fireplaces are permitted if they do not exceed the height of the perimeter walls/fences or are not visible from the streets.
Stucco fireplaces shall match the color and finish of the Dwelling. Unarticulated or plain precision block is not allowed.
All fireplace improvements are subject to applicable City and Fire codes, including setback requirements. In cases where codes are more lenient than the Guidelines, compliance to the Guidelines is still required, regardless of City and Fire codes.
Nuisance: If any nuisance results from the use of a fireplace, such as smoke, odor, etc., it shall be the responsibility of the homeowner to resolve the nuisance. Fireplaces should be designed to use natural gas only.
11 The Association shall not be responsible for any nuisance and/or damage that may result from the construction of a fireplace by a homeowner. The Association is also not responsible for any damage to private property or Common Area improvements due to chimney instability as a result of wind, earthquake or other natural events.
Fountains and other water features: Shall be submitted and approved by the Architectural Review Committee prior to installation. A brochure or photo must be submitted and include dimensions. Fountains should not include nude or semi-nude
hall be submitted and approved by the Architectural Review Committee prior to installation. A brochure or photo must be submitted and include dimensions. Fountains should not include nude or semi-nude figures if visible from the street, lot or Common area.
Front yard fountains shall not exceed 4 1/2 feet (54 inches) in height.
Rear or side yard fountains shall not exceed the height of the fence.
Wall fountains shall not exceed the height of the fence/wall.
Water features: Pool grottos, water slides, waterfalls and other water features shall, at their highest point, not exceed the height of the fence/wall and will be reviewed on a caseby-case basis.
Play Equipment: Will be reviewed on a case-by-case basis for rear yards only.
A photo or brochure of the play equipment indicating the heights and dimensions must be submitted along with a plot plan showing the proposed location for the structure. The maximum height of the play equipment is thirteen (13) feet from the original finish grade to the top of the highest point on the structure. Tarps must be of canvas or approved fabric and color must be submitted and approved prior to installation. Tarps must be properly maintained and not allowed to fall into disrepair or become frayed, split, torn, or faded.
The Architectural Review Committee may require play structures to be setback from property line and landscaping may be required to soften the appearance of the structure.
No current or future views are guaranteed.
Awnings: Retractable or fixed, must be reviewed and approved by the Architectural Review Committee prior to installation.
A brochure must be submitted showing the style and design. Photos of the proposed location on the home must be included as well as a sample of the fabric to be used.
w Committee prior to installation.
A brochure must be submitted showing the style and design. Photos of the proposed location on the home must be included as well as a sample of the fabric to be used.
Awnings must be of canvas or approved fabric and the color must match, or harmonize with the color of the dwelling. Awnings will not be approved for windows located on the front of the home. Metal awnings or security shutters are not allowed. Awnings must be properly maintained and may not fall into disrepair or become frayed, split, torn or faded.
Flags and Flagpoles: One flag per Lot may be displayed and may not exceed the height of the roof. Flags that become unsightly or fall into disrepair must be removed. Ground mounted flagpoles are prohibited.
12 Statuary: All statuary visible from the street must be submitted to the Architectural Review Committee and approved prior to installation.
Statuary proposed for rear or side yard may not exceed the height of the fence/wall.
Statuary should not be of a nude or semi-nude figure, if visible from the street.
Exterior Lighting: Must be submitted to the Architectural Review Committee for review and approval prior to installation.
Exterior light sources, including all lenses, bulbs and reflector openings that may be seen from adjacent streets or homes, shall not be allowed. Acceptable exterior lighting shall be directed or screened from the view of adjacent streets or homes.
Landscape Lighting: Must be low Voltage. This includes all types of malibu like lights, up lights or accent lights, etc.
Decorative Lighting: Must not exceed 75 watts total per fixture. This includes all types of porch lamps, pilaster lights, step way lights, etc.
Sensor/SecurityLights, Spot/Flood Lights: Must not exceed a total of 100 watts per fixture.
d 75 watts total per fixture. This includes all types of porch lamps, pilaster lights, step way lights, etc.
Sensor/SecurityLights, Spot/Flood Lights: Must not exceed a total of 100 watts per fixture.
Neon, Mercury Vapor Lamps: Or lamps that emit light of a similar character, exposed fluorescent lamps, flashing lights, color lights, unshielded exterior lights and lights which result in excessive glare are prohibited.
Lampposts: Must not to exceed a total of 75 watts per lamppost. Height of lamppost may not exceed six (6) feet. Design/style and location will be reviewed by the Architectural Review Committee on a case-by-case basis.
Holiday Lighting: Is permitted not more than thirty (30) days prior to the holiday and must be removed within thirty (30) days after the holiday.
13 Exhibit A SPOT/FLOOD LIGHT TYPE FIXTURES: LIGHT BULBS MUST BE HOODED OR SHIELDED LIGHT PATTERN MUST NOT SHINE OUT BEYOND PROPERTY LINES LIGHT BULB MUST NOT BE VISIBLE FROM ADJACENT LOT, STREET OR SIDEWALK.
LIGHT FIXTURES SHOULD BE HIDDEN AS MUCH AS POSSIBLE, UNDER EAVES OR WITHIN PATIO COVER STRUCTURE.
HOODED LIGHT SOURCE (BULB) IS NOT TO BE VISIBLE BY NEIGHBORS AND THE LIGHT PATTERN IS TO BE CONTAINED WITHIN YOUR OWN PROPERTY BOUNDERIES.
14 MISCELLANEOUS: Fruit Trees: Fruit bearing trees can be approved for rear or side yard only. Fruit baring trees are not permitted in the front yards.
Gravel or Crushed Rock: Gravel or crushed rock is only permitted for use in the rear or side yard, provided it is not visible from the street.
Exterior Painting: Any exterior color changes must be submitted and approved prior to painting any areas of the exterior of the home. Color samples must be submitted and should be compatible with the neighboring homes.
Any exterior color changes must be submitted and approved prior to painting any areas of the exterior of the home. Color samples must be submitted and should be compatible with the neighboring homes.
Pilasters: Pilasters may not exceed a maximum height of three (3) feet.
Cable Wire: Cable wire should be installed in a manner so as not to be visible. It is strongly recommended that the cable be run along the eaves or the weep screed of the home. It may be required that the cable be painted to match the surface to which it is attached. The cable wire will not be permitted to hang freely from any portion of the dwelling.
Boulders and Rocks: Boulders and rocks must not be a dominant or the primary feature in the front yard and will be reviewed by the Architectural Review Committee on a caseby-case basis.
Screen Doors: The Architectural Review Committee on a case-by-case basis shall review screen doors. Only hidden recessed/retractable screen doors shall be approved for front door use. Screen doors may be required to be painted to match the color of the Dwelling.
Minimum Setbacks: The minimum building setbacks of all new construction shall be consistent with the City's zoning codes.
Garage Doors: Changes to existing garage doors shall be reviewed by the Architectural Review Committee on a case-by-case basis.
Unsightly Items: All weeds, rubbish, debris, or unsightly material or objects of any kind shall be regularly removed from the Lots and shall not be allowed to accumulate thereon.
All clotheslines, refuse containers, wood piles, storage areas, machines and equipment (including pool/spa and all accessory equipment) shall be prohibited upon any Lot unless obscured from the view of adjoining streets, Lots, sidewalks, dwellings or community property.
es and equipment (including pool/spa and all accessory equipment) shall be prohibited upon any Lot unless obscured from the view of adjoining streets, Lots, sidewalks, dwellings or community property.
F. Basketball Backboards No basketball backboard or other fixed apparatus may be constructed or maintained in the Properties without the Architectural Review Committee's prior approval.
15 Basketball backboards may not be attached to any portion of the Dwelling or garage visible from the public street in front of the home.
Any basketball backboard, including all attachments or mountings devices, allowed to fall into disrepair shall be removed or restored at the Owner's expense.
Freestanding Basketball Backboards: Shall not be located in front yard areas. The Architectural Review Committee on a case-by-case basis shall review freestanding basketball backboards proposed for the rear or side of the home.
Portable Freestanding Basketball Backboards: Are permitted for use on the driveway in front of the home, provided that they are removed immediately when not in use.
Backboards shall not be stored in a location that is visible from any street or sidewalk.
Portable basketball backboards may not be used or stored on the streets or sidewalks, this includes cul-de-sacs.
G. Fences, Walls and Gates No fence or wall may be erected, altered or maintained on any Lot except with the Architectural Review Committee's prior approval. All walls, gates and fences shall be finished or painted on both sides. Fencing in the rear and side yards shall not exceed six (6) feet in height. Fencing in the front yard shall be approved on a case by case basis.
Acceptable materials for fences, walls and gates: 1. Wood - must be painted to match or harmonize with the existing Dwelling or existing
ng in the front yard shall be approved on a case by case basis.
Acceptable materials for fences, walls and gates: 1. Wood - must be painted to match or harmonize with the existing Dwelling or existing fencing. Wood grained vinyl fencing must match or harmonize with the existing Dwelling.
2. Wrought iron must to be painted to match the existing wrought iron fencing, decorative wrought iron trim on the Dwelling, harmonize with the existing Dwelling. *The wrought iron fencing located at the rear property line may not be altered in color or style.
3. Masonry and or stucco texture, quality, and color community.
shall be of materials that conform to the consistent with the character of the Unacceptable materials for fences, walls and gates: 1. Aluminum and sheet metal 2. Chicken wire 3. Metal or Plastic chain link 4. Plastic or fiberglass panels 5. Plastic webbing, reed or straw-like materials 6. Wood grape stake 7. Woven bender board 8. Rope 16 9. Concrete cinder block (plain or painted) Party Walls: Alterations, improvements or extensions of party walls may be approved by the Architectural Review Committee only with the written consent of the adjacent neighbor and must match the existing materials and colors used within the Lots. No double fences shall be allowed along adjoining property lines.
Gates: Each lot must install a fence/wall or gate on each side of the property.
All wrought iron gates: To assure adequate screening of trash containers and other miscellaneous items located on the side of the home, the owner must install and maintain a mesh or solid screening material, consistent with the material of the gate. The screening material must be painted to match the existing gate.
Animal/Rodent fence material: Vi-inch galvanized hardware cloth may be attached to the
ial, consistent with the material of the gate. The screening material must be painted to match the existing gate.
Animal/Rodent fence material: Vi-inch galvanized hardware cloth may be attached to the wrought iron fencing only along the rear perimeter of the property (at a maximum height of 24-inches) for the purpose of confining home pets and restricting the entry of snakes and other wild animals. (See page 18 for information on where to purchase the approved material) H. Solar Energy Systems Solar energy systems may be installed so long as (a) the design and location of the solar energy system meet the requirements of all applicable governmental ordinances and the applicable Local Governmental Agencies, and (b) said design and location receive the prior written approval by the Architectural Review Committee.
I. Window Coverings Interior window coverings must be installed within (6) months of the close of escrow. No window in any Dwelling Unit may be partially or completely covered, inside or outside, with aluminum foil, newspaper, paint, reflective tint or any other material the Architectural Review Committee deems inappropriate for such use. Owners may use plain white sheets to cover windows for a period not to exceed six (6) months after the Close of Escrow pending the installation of drapes, curtains, shutters or other appropriate interior window coverings.
J. Water Supply System No individual water supply or water softener system shall be permitted in any Lot unless such system is designed, located, constructed and equipped in accordance with the requirements, standards and recommendations of any applicable Local Governmental Agency.
K. Temporary Buildings 17 No outbuilding, tent, shack, shed or other temporary building of any kind shall be
he requirements, standards and recommendations of any applicable Local Governmental Agency.
K. Temporary Buildings 17 No outbuilding, tent, shack, shed or other temporary building of any kind shall be placed upon any portion of the Properties, either temporarily or permanently. No garage, trailer, camper, motor home or recreational vehicle shall be used as a residence in the Properties, either temporarily or permanently.
L. Antenna No radio station or shortwave operators of any kind may operate from any Lot or any other portion of the Properties unless approved by the Architectural Review Committee. With the exception of television satellite dishes described below, no exterior radio antenna, "CB" antenna, television antenna, earth receiving station, satellite dish or other antenna of any type may be erected or maintained anywhere on the Properties unless approved by the Architectural Review Committee.
Television satellite dish antenna that are thirty-six inches (36") or less in diameter ("Authorized Dish") are allowed within the Properties subject to the following restrictions: a. Installation of the Authorized Dishes must be approved in advance by the Architectural Review Committee pursuant to Article VIII, Section 10.11 of the CC&Rs and the Architectural Guidelines.
b. The Architectural Review Committee may require the Owner installing an Authorized Dish and the Owner's employees or independent contractors to indemnify or reimburse the Association or its Members for any loss or damage caused by the installation, maintenance, or use of the Authorized Dish.
c. The Board may adopt additional restrictions on installation or use of Authorized Dishes as part of the Association's Rules and Regulations so long as such
aintenance, or use of the Authorized Dish.
c. The Board may adopt additional restrictions on installation or use of Authorized Dishes as part of the Association's Rules and Regulations so long as such restrictions do not significantly increase the cost of the satellite system (including the antenna and related equipment) or significantly decrease the efficiency or performance of the satellite system.
M. Views There are no views in the Properties which are protected to any extent by the CC&Rs, and no Owner who becomes subject to the terms hereof shall thereby obtain any view rights whatsoever. Notwithstanding any other provision of any Notice of Addition or Supplemental Declaration recorded pursuant to Section 16.4 of the CC&Rs, each Owner and the Association by accepting a deed to a Lot or any Common Area, acknowledges that any construction or installation by Declarant or a Merchant Builder or by other Owners following Architectural Review Committee approval as provided in Article VIII of the CC&Rs may impair the view of such Owner, and each Owner and the Association on behalf of the Members his/her consent to such impairment.
N. Right to Adopt Additional Architectural Standards 18 IV.
The Board of Directors may, from time to time, adopt and promulgate additional Architectural Standards to be administered through the Architectural Review Committee. Copies of such additional Architectural Standards, together with any Rules and Regulations adopted and promulgated by the Board of Directors and/or the Architectural Review Committee, shall be on file at the office of Action Property Management, Inc.
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GENERAL CONDITIONS Stoneridge at Mission Viejo Association architectural approval does not constitute a waiver of any requirements required by applicable
ction Property Management, Inc.
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GENERAL CONDITIONS Stoneridge at Mission Viejo Association architectural approval does not constitute a waiver of any requirements required by applicable governmental agencies. Architectural approval of plans does not constitute acceptance of any technical or engineering specifications, and Stoneridge at Mission Viejo Association assumes no responsibility for such.
The function of the Architectural Review Committee is to review submittals as to aesthetics. All technical and engineering matters are the responsibility of the Owner.
An oversight of a Covenant, Condition or Restriction, or a Committee policy does not constitute waiver of that rule and therefore, must be corrected upon notice.
Streets may not be obstructed with objects and building materials that are hazardous to pedestrians, vehicles, etc. Items such as, but not limited to, dumpsites, sand and building materials may not be stored on streets, sidewalks or Common Property.
Any damage to Stoneridge at Mission Viejo Association Property will be replaced or repaired by a Stoneridge subcontractor. All applicable charges for restoration will be charged back to the responsible Owner and is due and payable within thirty (30) days from notification or assessment of penalties.
Approval of plans is not authorization to proceed with Improvements on any property other than the Lot owned by the Applicant.
19 Exhibit B Homeowners Signature Name Address STONERIDGE AT MISSION VIEJO ASSOCIATION HOME INPROVEMENT FORM SUBMITALL CHECKLIST: (Please include the following) Other:_ Transmittal Letter Lot Tract Close of Escrow Home Work Home Improvement Form Facing, Adjacent and Impacted Neighbor Statement
PROVEMENT FORM SUBMITALL CHECKLIST: (Please include the following) Other:_ Transmittal Letter Lot Tract Close of Escrow Home Work Home Improvement Form Facing, Adjacent and Impacted Neighbor Statement 4 Sets of Drawings - Must include hardscape and structures (with dimensions, design, color, and materials) Paint Requests - 4 sets of Paint Chips, 4 Color photographs of home Name and location of all plants and trees using common names, not Latin names. Drainage must also be included.
Disapproved as Submitted DO NOT WRITE BELOW THIS LINE (For Committee Use Only) The Architectural Committee has determined that the above submittal is: Approved 000000 00000 Approved with Conditions See notes on plans Please see reverse for additional comments Maintain existing drainage pattern or provide alternative drainage method Resubmit patio cover with additional dimensions and elevation Do not pour concrete against existing fence No raised planters against existing walls (No more than 12 inches of soil to be retained) Submit originally reviewed plans with revised drawings All lighting must be low wattage All new roofing material angles must conform to existing COMMENTS: must be painted to match existing stucco or fascia trim Resubmit with more details for Stoneridge at Mission Viejo Association architectural review committee Date: Date: Revised: 10/19/09 Initial: Initial: 20 20 V. NEIGHBOR NOTIFICATION It is the intent of the Architectural Review Committee to consult neighbors on any Improvements, which may impact their use and enjoyment of their property. Neighbor approval or disapproval of a particular Improvement shall only be advisory and shall not be binding in any way on the Architectural Review Committee's decision.
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nt of their property. Neighbor approval or disapproval of a particular Improvement shall only be advisory and shall not be binding in any way on the Architectural Review Committee's decision.
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Definitions: Facing Neighbor; Adjacent Neighbor; and Impacted Neighbor.
Facing Neighbor: Means the three (3) Residences directly across the street.
Adjacent Neighbor: Means all Residences with adjoining property lines to the Residence in question.
Impacted Neighbor: Means all Residences immediately surrounding the area which would be effected by the construction of any Improvement.
Improvements Requiring Notification: Any exterior Improvements that may impact the neighbors in the community.
Statement: The Facing, Adjacent and Impacted Neighbor Statement (Exhibit "C") must be provided to the Architectural Review Committee to verify the neighbors have been notified about the proposed Improvements.
Notice of Completion Upon approval of homeowner plans for improvements a Notice of Completion from (Exhibit D) will be sent to the applicant, along with a stamped and approved set of the improvements plans. Following completion of all improvements, the homeowner shall forward to the Architectural Review Committee the Notice of Completion certifying of work. The Notice of Completion of all improvements reflected on the approved plans.
21 Address Print Name Signature Address Print Name Signature Exhibit C Stoneridge at Mission Viejo Association FACING, ADJACENT AND IMPACTED NEIGHBOR NOTIFICATION STATEMENT The attached plans were made available to the following neighbors for review: Address Print Name Signature Impacted Neighbor Adjacent Neighbor Facing Neighbor Date Address Print Name Date Signature Address Print Name Date Signature Facing Neighbor Impacted Neighbor Address
iew: Address Print Name Signature Impacted Neighbor Adjacent Neighbor Facing Neighbor Date Address Print Name Date Signature Address Print Name Date Signature Facing Neighbor Impacted Neighbor Address Print Name Signature Date Adjacent Neighbor Address Print Name Date Signature Facing Neighbor Date Date My neighbors have seen the plans I am submitting for Architectural Committee Approval (see above verification). If any neighbor has a concern, they should contact Merit Property Management in writing. Please note that neighbor objections do not in themselves cause denial of the plans but those concerns may be considered by the ARC.
SUBMITTED BY: Name: Address: Date: Revised: 10/14/09 22 Today's Date: EXHIBIT D STONERIDGE AT MISSION VIEJO ASSOCIATION NOTICE OF COMPLETION FORM 1 Address Where Work Took Place: Mailing Address: Daytime Phone: Tract #: Evening Phone: Lot #: Notice is hereby given that the undersigned is the owner of the property where the work took place and that the work was completed on the date specified below: Date Work was completed: Applicant's Name: (Please Print) _Applicant's Signature: Please provide the following documents in order that the Notice of Completion may be reviewed.
Photographs of everything completed on the property.
Copy of approved stamped plans (and any approved revised plans).
(Do Not Write Below Line. This is to be Completed by Architectural Review Committee Only.)
INSPECTOR COMMENTS: APPROVED CONDITIONAL APPROVAL DISAPPROVED Not in Substantial Conformance with Plans Require Additional Information RETURNED TO APPLICANT / OWNER Date: INSPECTORS: Signature Signature Revised: 10/14/09 23 23 Inspection Date: Date Date VI. ENFORCEMENT POLICY A.
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Any Violation that is an alleged violation of the Management Documents,
NT / OWNER Date: INSPECTORS: Signature Signature Revised: 10/14/09 23 23 Inspection Date: Date Date VI. ENFORCEMENT POLICY A.
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Any Violation that is an alleged violation of the Management Documents, Architectural Guidelines or Rules and Regulations of the will be processed according to the procedures outlined herein.
In the event one or more Members of the Association or Board of Directors file a Violation Report (Exhibit E) the Board would act as follows: 1.
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Send a letter to the homeowner stating the alleged violation and date needed to cure said violation.
Upon expiration of the cure date, if the violation still exists, a second letter will be sent stating that the failure to abide by the Association's Architectural Guidelines has imposed a hardship on the Association and the Owner will be asked to attend a hearing with the Board of Directors.
The Owner will be notified as to the decision rendered by the Board of Directors as to the result of the hearing. If the Owner is found to be in violation of the Association's documents, the Board will either a) seek remedy by use of alternative dispute resolution such as mediation or arbitration, b) levy a Special Assessment, c) suspend or condition the Owner's right to use any Common Area Improvements the Association owns, d) enter upon a Lot to make necessary repairs or perform maintenance which is the responsibility of the respondent, e) suspend the respondent's voting privileges as a Member, f) record a Notice of Noncompliance encumbering the respondent's Lot, or g)a combination thereof.
If the decision is to pursue a monetary fine system, the Stoneridge at Mission Viejo Fine Schedule will apply.
A violation is defined as an act in conflict with the CC&Rs, Bylaws, Rules and
n thereof.
If the decision is to pursue a monetary fine system, the Stoneridge at Mission Viejo Fine Schedule will apply.
A violation is defined as an act in conflict with the CC&Rs, Bylaws, Rules and Regulations and Architectural Guidelines of the Association. Please be sure to read the CC&Rs carefully.
24 Exhibit E STONERIDGE AT MISSION VIEJO ASSOCIATION Rules and Violation Report There must be two Owners representing two separate Residences of the Association to pursue violations that can not be viewed during an inspection of the community (i.e., barking dog, noise nuisance, garage storage, etc.). Please be as specific as possible to allow the Board to expedite the process in a timely manner. All alleged violations will be evaluated to ensure they are considered an infraction as defined by the Association's legal documents.
Report Filed By: Name: Address: Name: Address: Date: Phone: Phone: Date:.
Signature Name: Signature: Name: Address: Address: Date: Phone: Date:.
Phone: Signature Signature: Violation Information: Name: Address: (Alleged Violator's Name) Description of alleged violation: If additional space is needed, please use reverse side of form.
Dates and times alleged violation occurs?
How often does the alleged violation occur?_ Revised: 10/14/09 25 25 Phone: (If Known) VII. FINE SCHEDULE A. Any Violation that is an alleged violation of the Management Documents, Architectural Guidelines or Rules and Regulations of the will be processed according to the procedures outlined herein.
B. In the event one or more Members of the Association or Board of Directors file a Violation Report (Exhibit D) the Board would act as follows: 1.
Send a letter to the homeowner stating the alleged violation and date needed to cure said violation.
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Board of Directors file a Violation Report (Exhibit D) the Board would act as follows: 1.
Send a letter to the homeowner stating the alleged violation and date needed to cure said violation.
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Upon expiration of the cure date, if the violation still exists, a second letter will be sent stating that the failure to abide by the Association's Architectural Guidelines has imposed a hardship on the Association and the Owner will be asked to attend a hearing with the Board of Directors.
The Owner will be notified as to the decision rendered by the Board of Directors as to the result of the hearing. If the Owner is found to be in violation of the Association's documents, the Board will either a) seek remedy by use of alternative dispute resolution such as mediation or arbitration, b) levy a Special Assessment, c) suspend or condition the Owner's right to use any Common Area Improvements the Association owns, d) enter upon a Lot to make necessary repairs or perform maintenance which is the responsibility of the respondent, e) suspend the respondent's voting privileges as a Member, f) record a Notice of Noncompliance encumbering the respondent's Lot, or g) a combination thereof.
If the decision is to pursue a monetary fine system, the Stoneridge at Mission Viejo Fine Schedule will apply.
A violation is defined as an act in conflict with the CC&Rs, Bylaws, Rules and Regulations and Architectural Guidelines of the Association. Please be sure to read the CC&Rs carefully.
26 Exhibit D STONERIDGE AT MISSION VIEJO ASSOCIATION There must be two Owners representing two separate Residences of the Association to pursue violations that can not be viewed during an inspection of the community. (i.e., barking dog, noise
SSOCIATION There must be two Owners representing two separate Residences of the Association to pursue violations that can not be viewed during an inspection of the community. (i.e., barking dog, noise nuisance, garage storage, etc.). Please be as specific as possible to allow the Board to expedite the process in a timely manner. All alleged violations will be evaluated to ensure they are considered an infraction as defined by the Association's legal documents.
Report Filed By: Name: Address: Phone: Signature: Name: Address: Phone: Signature: Violation Information: Name: Address: Phone: Signature: Name: Address: Phone: Signature: Name: Address: (Alleged violator's name) Phone (if known): Description of alleged violation: If additional space is needed, please use reverse side of form.
Dates and times alleged violation occurs?
How often does the alleged violation occur?
27 FINE SCHEDULE The Board of Directors may impose a monetary fine against an Owner for violation of any of the Association's Governing Documents (including the Association's Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation, Bylaws, Architectural Guidelines, and Rules and Regulations) in accordance with the schedule set forth below. Provided, however, the Board in its discretion may determine to impose up to the maximum fine amount for a first violation if the Board determines the facts and circumstances of the violation merit a fine amount greater than the initial $50.00 fine. The Board shall afford the Owner an opportunity for a hearing before levying a fine against the Owner and the fine shall not become effective until at least five (5) days after the hearing date.
First Violation: $50.00 Second Violation: $100.00 Third Violation: $200.00 Fourth Violation: $400.00
Owner and the fine shall not become effective until at least five (5) days after the hearing date.
First Violation: $50.00 Second Violation: $100.00 Third Violation: $200.00 Fourth Violation: $400.00 Garage/Private Sale Violation $250.00 If an Owner continues the same violation after receiving a Fourth Violation fine, the Board, in its discretion, may determine to levy additional fines or refer the matter to the Association's legal counsel for further action in accordance with the Association's Enforcement Policy.
NOTE: Should a violation occur which imposes a financial obligation on the Association, the party responsible for said violation shall reimburse, by way of a Special Assessment, the Association for the financial obligation, in addition to paying any fine that may be levied against the Owner. If, for example, a party damages a fence, tree or any other Common Property, repair and replacement costs will be charged to that party.
Fine Schedule Adopted by the Board of Directors 9/14/09 28 VIII. PROCEDURE FOR HOMEOWNER HEARING PURPOSE: The purpose of this meeting is to discuss the issue relating to the violation. The hearing is the Owner's opportunity to address the Board and provide any information that may assist in understanding this issue. The Board members may ask you questions, then will discuss the matter after you leave the meeting. The board will make its decision based on the information we have and the information you present tonight.
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Introductions and hearing session procedures.
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Statement of violation by acting chairperson.
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Violator's statement and presentation of oral or written evidence.
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Review of CC&R requirements, Bylaws and Architectural Guidelines of the Association.
of violation by acting chairperson.
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Violator's statement and presentation of oral or written evidence.
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Review of CC&R requirements, Bylaws and Architectural Guidelines of the Association.
Discussion and questioning of the violator by the Board of Directors.
Homeowner is thanked for coming and told that they will be notified of the Board's decision within ten (10) business days.
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Questions and final statement by alleged violator.
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Board ruling without Homeowner present.
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Enforcement procedures as applicable.
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Adjournment.
DOCUMENTATION Name of Violator: Address: Nature of Violation: Board Ruling: Additional Comments: Date: 29 Phone: DISCLAIMER THE MATERIAL CONTAINED WITHIN THIS PACKET IS NOT INTENDED TO BE SUBSTITUTED FOR THE SERVICES OF AN ATTORNEY. THE LAW AND ITS INTERPRETATION ARE CONSTANTLY CHANGING.
PLEASE CONSULT YOUR PROFESSIONAL ADVISOR REGARDING YOUR INVOLVEMENT IN AN ASSOCIATION.
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