HomeMy WebLinkAbout90-11 REZONE PLANNING 10 OF 10The ct.:cent staffing is considered inadequate and the
engines, a 'though in good condition, are Old (two of them have
over., 100,000 miles or. them)
The department has funding for 1989-90 based on the State of
California -allowed delay in payment of services. This temporary
one-year measure may mean closure of at least one of the fire
stations, unless County residents pass a County Service
assessment in 1990.
Required Mitigations
10. Hydrants shall be installed at 500 -toot spacing w2th water
flow of 1000 gallons per minute at 65 pounds per square finch
M
(static).
11. Access to the development shall be controlled by an
electronic (garage -door type) opener (not the coded type).
Recommended Mitigation:
M!
e Security "lines can be added to cable TV trenches toprovide
for fire alarm systems hooked to.a central receiving station
provide rovide for faster response tune:
14b. Poli ,ce Protection The Butte County Sheriff's Department
(y3 servesunincorporated areas of the County and is currently
experiencing severe manpower shortages due to budget
restrictions. With increased urbanization, response tames get
longer since the department has no funds for adding personnel.
Calls are answered on the basis of urgency, with responses to
life-threatening situations receiving highist priority. Response
to a "cold'! burglary can take up two days:
The proposed project will create additional demands upon an
agency that does not have the financial or personnel resources to
provide an acceptable level of service. The use of security
gates can reduce the incidence of burglaries and related
problems, but does not eliminate the potential for additional
service demands.
Recommended Mitigations:
® When 50 or more homes ;are occupied on site, the Sheriff's.
Department should be contacted to assist in establishment of
a Neighborhood Watch program
• Home security systems can be installed to provide raster
response to burglaries in progress. Systems must be
designed to minimize false alarms and should go through a
central station.
14c. Schools. Students from Fairway Estates would attend.Shasta
Elementary School, Bidwell Junior High School, and Pleasant
Malley Senior High School.. Shasta and Bidwell are currently at
capacity and Pleasant Valley is overcrowded.
Impacts
The district estimates that this project would add 44
A elementary, 19 junior high and 19 senior high students, along
with an overall increase in enrollment due to extensive
development in the northwest Chico area. Plans are in place to
expand the Pleasant Valley facility and to acquire and develop
new elementary and junior high sites.
The district doesnotoppose the development of this
project, contingent upon the payment of school impact fees at the
time building permits are issued.
14d. Parks and Recreational Facilities. The project will add a
golf course and related recreational Uses'. Use of this Course
will be limited to homeowner remberst an equivalent number of
guest memberships, guests of members.
14e. Public Facilities including Roads. Increased traffic
volumes will reauire more maintenance of Hicks .Lane. Mitigationsreauired for traffic impacts will reduce the impacts of the
project
16. UTILITIES
16a. Gas and Electric. Pacific Gas and Electric Company serves
the project area. The nearest gas line is approximately 4,500
feet away, and a gas main would be built to serve the project.
Electrical facilities are adequate to serve the project as
planned and PG&E states there would be no significant effect upon
their ability to provide services.
16b. Telephone. Pacific Telephone serves the project area and
would extend its underground facilities to the development. The
company states there would be no significant effect upon their
ability to provide services.
16c. Water, Domestic water is to be provided by a community
system util icing on -.site Well$ . There is adequate water ill the
aquifers underneath 'Chico to supply al.l. projects :in the area.
16d. Sewer. Sewage will be collected in interceptor septic tanks
and pumped by ridivdual, pumps through sealed PVC ].ine; 2-3 inch
diameter) to a teckrculating gravel_ filter.After circulation,
anti recirculation through the ravel falter( the treated effluent
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will be disinfected and stored in a series of ponds used as water
hazards and a -water supply for the golf course.
Required Mitigations:
12. The pond system shall be managed to balance effluent fresh
water input and stormwat:er runoff so that storage of treated
effluent has the highest priority. The engineers shall
provide a monthly water balance analysis that indicates that
the ponds will contain all effluent and precipitation.
13. A Community services District shall be established for this
project that provides funding for maintenance of the sewer,
water and interior roadway systems,
17a. HUMAN IWLLTH. The proposed project includes several ponds
which will be used for golf course water hazards and irrigation.
To avoid creating mosquito problems the Butte County Mosquito
Abatement District has provided design recommendations.
Required Mit.ga_tons
14. All street and storm drains shall be underground to a_ -heir
outfall into Sycamore Creek.
1$• All drop jmzlets in the drainage system shall have pervious
bottoms that are backfilled with cobble to the level of the
outfa2 pipe.
16. A portion of the drainage channel in Sycamore Creek shall be
graded and maintained yearly so that summer drainage from
this development is complete'.
1'7. underground electrical lines shall utilize pad mount type
transformers rather than .subsurface transformers.
18. Irrigation of the golf course shall not create standing
water that could breed mosquitoes on or off the golf course.
19. The design of the ponds shall follow the recommendations of
the California Department of Health Services, as follok�s
a. Ponds should be designed to be emptied by gravity `t or
pumping for cleanin
9 or aiTying and have graded bottoms
SO all water can be removed:
b Possible,
Side slopes r
Of excavations and tepees should be as steep
as ossible consistent with solZ characterzstis and
risk factors. c:
c Where steep side slopes are `not feasible , the slopes
should be lined with impervious -Material such as
i
,t
concrete to 3 ft. bo -Low the water line or periodically
treated with herbicide to achieve weed control.
d. Minimum top width of embankments should be 12 ft and
adequately constructed to support maintenance vehicular
traffic.
e. Ponds designed for long term storage shozld have a
minimum storage depth o1L 4 ft. to inhibit aquatic
vegetation.
f. A maintenance program for weed and erosion control along
inner slopes is essential.
i Recommended Mitigations.:
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The California Department of Health Services suggests the
following additional design features for ponds:
Ponds may be any shape but should not have small coves or
irregularities around their perimeters
* Accumulations of dead algae', vegetation and debris should be
routinely removed from the impounded water surface and
properly disposed of
19. RECREATION. The pruject will add a golf course and related,
recreatinal uses. use of this course will be limited to
homeowner members, an ec[aivalent number of guest meMI)erships, and
guests of members.
21a. MANDATORY FINDINGS OF SIGNIFICANCE. A survey of the vernal
pool in the southwest corner of the site is required to establish
the presence or absence of any rare or endangered species: The
history of cultivation and small grain productibn suggests that
any tare or endangered plants that might have occurred no longer
exist, but a survey is necessary to confirm this absence.
APPENDIX 1
PRELIMINARY SURVEY FOR WETLANDS AND SENSITV8 SPECIES OF
VASCULAR PLANTS, CONDUCTED SEPTEMBER ].0, 1989, ON 221. ACRES
+
BUTTE COUNTY, CALIFORNIA
01? FAIRWAY ESTATES PROPERTY, EST OF HICKS LANE, CHTCO,
A. Habitat
The project p.opErtY cor_sist ir. its entirety of heavily
grazed Valley Grassland hab,tat. It is bounded on the west by
Mud Creel, an eph-neral ru.-off strew r., which intersects with
Sycamore Creek. a si-'i al- streaM, at its southwest corner, The
Access t
.. .- '•'tc x-rop-_-rzy is 'a :S.0}:S Tuna, w:1iC1
.
r -ins _r : 5 and scuth, less xwr. one mile west ci` Ch co Municipal
r+,
L n n a
_ai.r0_ t.. hdcrt,_orFl aw^-act .".':ay be had =r0?*e a levee road On the
north margin of Sycamore Creek. The trCperty itself does not
presently con _air, roads, or other improvements. There
are a number of what app2;at, zo ha-ve been shallow percolation test
_ .cavat ons , -:,oscrly ;:s the scuthern hal -f of the site.
lta_ley Gra--s.----,,d
Jr u� s ;rb c val__y rays=:and habitat a: ^vara rized
- s ete by
oresanwo C a _=J?'a c-inc pred�Cx.. 'na" t..t>++O annuals that
.. ae r._T a ..e ._
neo their
? � e
ng u__"'c. i ,s-- ^` the cycles have been Completed
a __. s--,t-,er L-_a^c;a pertnnia'lc
..,-.. ,�a, c. _ . �_h
...,...,� �...._��.5 _ ......., ��:- Su:r..:e_ , c::a a ie�? speCres a`rc Stlll arils"a
. _ :..
�.� ZT:a �G � ti
S=ass'-an--'hac�tats also --ten n^1 de vernal
.tenf,� T, -tea .l:a ucr t*.: U r. aau'y
: ass-_ .1 -�..a .. - <lea.\a a
" ,� �G� .
Cs.F r`3 1a_ c _ _..Ula -+v E: -L . -::tic!- -�
c_-' ~a�r¢sa.i ve fl,C.r-G' yit
L:St3nlly rt''.!a^.eo .`7L 4T2 C'_"^^'1.'.Ca4` rntcaCt' $.U2Cies. The re:i;nan''S of
she preVious season's growth of such species were aburl4antly ev -
dent on the date or= the preliminary wield Sur1*ay. Also -*n evi--
de.wG were one or two vernal pools which, despite their having
^trto d up, Still cottained avtitike?y growing plants. These are
C-i-cL'ssed. under Wetlands.'n the text section.
Plants that were cienti fable by their re.'.ains on the date of
the sur,ey include, puncture vine, wild oats, turkey 1rullein, star
hi8 t le, rose cic'Mer, , Mediterranean bar .ey', h,indweed, Soft chess,
Z.'eahlsa head, ClJb wr r ripgu t , Italian rye, nany-flowered brbdiaea,
curly 60--k, Fitdh's spikaweed, tarwee'd, :ril weeds, boiduvallia,
Prickly lettuce, tumble nustaed, P'ursh's lotus, thistle, willow
herb, cocklebur, vetch, dodder, amaranth, knotWeedk fiddlehead,
tU.i;.bl.eWeed,' b'! ae?t walnut, and others
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Farr,=ay Estates Plant Survey 2,
B. Wetlands
Wetlands are }broadly da -fined as any areas that retain water
toy seven or more days dur--g an average rainfall yeas- By this
definition, at least two vernal pools or swales on the property
,•could be considered wetlands. one vernal pool, k*hie'h still had
* actively growing and flow ernq in' -ants present on the date of the
t;r`-_y, , ; = located appzc-.�...ate� 10C yards east of Mud Creek at
the _dpGi t ^` `,
nhe ionaes t : '7~ � h-S�Llri pert- on c -he c; t2
Whether ornot - this area contains any sensitive species of
vascular plants will have to await a more complete survey at
the appropriate time in the spring.
a.
0
0
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C Rare, Endangered, Sr Sensitive a-iecies of Vascji ar Plants
Several spec=es of vascular plants cn =IIderal, state and/or
aiifcrria Native Plant Scci¢t�r _isits of sensityve species occur
ve miles of the je si:.e. Most notable is the Butte
o ntv meadowfoam � Z"'1»:^. =5 :woc.".sa SSP c; =�7� �.8), which
away -.
--port --rope--:y
less than one rmi
e
-_ tn tff_,ca, Chico Hu.'
n add:t�o�, aziota__ ecdov=ca .4-.4fIcc-
C iSteG
75G .-urs l
ga Si}a=r3ve1 pes -e,F a ..
-- .
as =ra -wo sens-
(t:U r ..W _
terweeds ESI::, rt.^erS
i;t`a�.S?Sci 13 � -t- a5ce'_ t r- t*,,1e presen._e Cr' absence
-� a �s ?,• _r -+-rare-_e x.. - ani- ^'�1ar �ta� tz tia;� on a
�..i_ &art : cL._ .
.yeti +�, September , cw ..4 '�"Ct tr �_ c r !.3' e c
site ' d f Sta� ''
iuctea at the appropriate .._.r.e rhe sY. �n� sr.e n lnitw vTe
h
dee
trnat�ons: one might spacul�:ter however, that the absence
of typical Butte 14eadoufoam habitat colnbinea with the heavy gra."-
- Me h MiC _ . ` obability of the
ung of the re.._rit Hast so ,ennat redtice_ the probability
of that particularr� species -4 o,r the site at this
time; The other taxa may cr May not b'� present.
y
!Ungsley R. Stern, P'!i-n.
senior Botanist
Department of Biological Sciences
California. 'State university
Chico, CA 95929-0515
(916) 895-5881 or 843-•0056
r^.jrway Estates F2ant Survey
3
CHECKLIST OF
VASCULAR PLANTS THAT WERE
IDENTIFIABLE ON
THE DATE OF THE FIELD SURVEY
SCIENTIFIC NAME
COMMON NAME
r
:_rtarar.�hus a2pus
Amaranth
ddlen.e--k
:r snci=tea nter.^edia
--
lli'_k weed
�sc'erias Brio, Arps
y =ilkweed
fEsc-
�� ild
:;gene sp .
]oats
Bci.sduvall Sr
F.ipgut
�
Erc:;us diandrus
Smooth chess
srotlus 'to lis
i5
Star thistle
Cen,L:aurrea sc7st3t?s
Thistles
:yrs: 41.r,7 SP
`
Convc, ,-Ulus arvensis
Dodder
Dodder
C scuta indecoz`a
D-4 ch610sterxa ,` Llt�+=c
`-f'_heared b odieea
1,,:=d
I•u �y�.sa ?'lead
aow :z��rb
ii„ gip .
ti _Z
myl-_`}'tey t'.u1 ill=
_tri+ yis
y ..
' _ - ti H
.'cn
• - u elf ^.
t�ed�,.arr�zr�ea`n ba.r� �.,w
oy L.0 e
S-Cn 1r 1.
.- i v ...
.;;j.".L c. •�:ca SF-:. Una.
— k
Sh
' ♦.cJa C. ri
Jw•i�i..J �
a
f'; «w hV� .Ala Ft !`a0~.y
r.v
!aa-J.
StiSt'.T,bYIt1,`R
Tumble =uSlerd
Trii�uZr a+.h.! esvrs
Puncture vine
rifo�.ia sp.
Tr
Clover
tease clover
�
T.. i fol hire UM
[r
� e t
,r
ti .m G
athitip• s`rct riuir.
Cocklebur
110
APPENDIX 2
California State University; Chico
Chico, California 95929.0930
Department of Cwil Engineering
(916) 895-5342
July 11,, 1j90
The California State University
Dr. Albert Beck
ECO—Analysts
1025 Village Lane
Chico, CA 95926
S�hSEUNiVF
�s�C
Dear Dr. Beck;
����
At your request, I have made an estimate of motor
1
vehicle trip a i -"s to be generated by the proposed Fairway
0 0 ^p
Estates develG�yment in Chaca, California. My estimates are,
in
��
based upon the information you provided me. It is proposed
t� &
to build 200 single-family residences on lots averaging
10,800 square feet, with most homes adjacent to the golf
course. In addition to the golf course, driving range and
putting green, there will be a clubhouse and pool., 'tennis
courts and recreation areas, and 2..3 acres of KV storage
aea.
Ay estimates are expressed in units of trip ends. One
trip end is expressed as,a vehicle trip either entering or
leaving a proposed development such as Fairway Estates. A
resident leaving for work would produce one trip end. Mail
delivery to the proposed suodivision will create two trip
ends, one when entering and one when leaving.
The fourth edition of grip Generation, ITE, was used
as the primary reference to make the estimates reported
below. Other sources used were 'Transportation and Land
Development by Stover and Koepke as published by I"",, and
trip generation rates collected and distributed by L,.e San
Diego Association of Govelrnments.
The bottom line in the table represents an approximate
10t reduction in total estimated trip ends to enter and
thedevelopment. This a8811mes some of the golf course
tritp
tris will interchange with the residences and not enter or
exit:
The California State University
Dr. Albert Beck
-2-
July
11, 1990
Average
PM Peak Hour
Weekday
in
Out
Totel
200 Single-Fam ,ly Units
2000
12.5
75
200
Golf Course and
800
20
50
70
Associated Facilities
TOTALS _
2800
145
125
270
Totals reduced for trip
interchange between
Residences and
Recr^ation Areas,
2500
130
110
240
•
Please contact Me if
you have any
questions;
or if
further clarification is necessary.
Sincerely,
mhnmas C. r er�V h.D.
Traffic Engineer ,413
la
TCF : om
Enclosure
e►
-
r,.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Bu*e CM M+nrtnq COMM
JAN 10 1990 OF
oroville, Cauf=14 FAIRWAY ESTATES, INCORPORATED
A Planned Development Project
THIS DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF FAIRWAY ESTATES, INCORPORATED,
( Declaration") is made this day of
19- by FAIRWAR ESTATES, a California Corporation. 1
ARTICLE T
INTENTION OF DECLARATION
This Declaration is made with reference to the facts set'
forth below,
1. PROPERTY OWNED BY DECLARANT. Declarant is the
owner of al1 the real property located in the Co�jnty of
onheretoA hereto and incorporated
described
State of California, more
Property"),
.� " he ("Subject
DECt ARAIIQN
2. Declarant declares that the Subject Properly is,
and shall be, -held, conveyed, hypothecated, encumbered,
leased, rented, used, occupied and improved subject to the
following limitations, easements, covenants, conditions,
liens and charges as stated in this Declaration, allofwhich
are declared and agreed to be in for the Subdivi.s-iorf,
improvements, protections, use, maintenance, and sales of all.
Of the sub.,
property and all of which are declared znd
agred to be for the purpose of enhancing, maintaining and
agreed
protecting the value and attractiveness of said Subject
Property and every part thereof. All of the lirtitations,
rest"rictions easements, covenants, conditions, liens and
charges hereof are equitable servitudes enforceable by any of
the Owners (as hereinafter defined) of any Lot against other
Owners, tenants or occupants of the Subdivision, or any
portion thereof and shall run with the land, shall by binding
on and inure to the benefit of all
parties having or
acquiring any right, title or interest in the Subject
Property-, and shall be binding on and inure to the benefit of
the successors=in-interest of such parties.
Rt-: CEIV D
JAN 15 1980
r
ARTICLE IT
DEFINITIONS
Unless the Context clearly indicates a different
meaning, the terms used in this Declaration, the Final
Subdivision Map and. any grant deed to a Lot shall have the
meanings specified aa.n this Article.
1. ADDITIONAL CHARGES. The term "Additional Charges"
shall mean costs, fees, charges and expenditures, including
without limitation, attorneys' fe charges, interest
ees, late
and recording and filing fees actually incurred by the
Association in collecting and/or enforcing paymentof
assessments, fines and/or penalties.
-2. ARCHT.TECTURAL coMMITTEE. The term (ArcniL��cLu, as
committee" or "committee" shall mean the committee
established for the Subdivision.
3. ARTICLES;, The term" Articles" shall mean the
Articles of Incorporation of theAssociation which are or
shall be filed in the Office of the Secretary of the State of
California.
4. ASSO
CIATION. The term "Association" shall ,nean
FAIRWAY ESTATES PROPERTY" OWNERS ASSOCIATION, its successors
and assigns -a nonprofit mutual benefit corporation
incorporated under the laws of the State- of Californias.
5. ASSOCIATION RULES. The term "Association Rules"
shall mean the rules adopted by the Associatic;n and
architectural guidelines,, restrictions, and procedures
adopted by the Architectural Committee.
6 BOARD. The term "Board shall mean the board of
D:,f Actors of the Association
7. BYLAWS. The termndmentsst shall mean the Bylaws of
the Association and any a hereto.
8` COUN'rtr 7h9 'term ''county" shall mean the County of
Butte State of California c
9. CURRENT„ OPERATION ACCOUNT. The term "Current
Operation Account shall mean an account into Which the tion
shall deposit funds for maintenance and operation
assessments:
10. DECLARANT The term "Deciarant" shall mean FAIRWAY
ESTATES, INC., a California Corporation �- Subdivider. The
term "Declarant" Shall also mean successors in interest of
2
I
Declarant if (1) such successor(s) in interest acquires all
or any Portion of Declarant's interest in the Subject
Property and/or the Additional Property for the purpose of
development and/or sale and (ii) a certificate has been
recorded in the County in which DeclE:;ant assigns its rights
and the successor(s) in interest assume the rights and duties
of Declarant to the portion of the Subject Property and/or
the Additional property- so acquired'. There may be more than
one Declarant. A successor Declarant shall also be deemed to
include the beneficiary under" any deed of trust securing an
obligation from .a then existing Declarant encumbering all or
any portion of the Subject Property, which beneficiary has
acquired any such property by foreclosure, power of sale or
c -..-ed in lieu of such foreclosure or sale.
11. DECLARATION. The term "Declaration" shall mean
this Declaration of Covenants, Conditions and Restrictions of
FAIRWAY ESTATES, INC.,, Subdivision and any amendments
hereto.,
1.2 ELIGIBLE MOLDER The term "Eligible Holder" shall
mean any Institutional Mortgagee who has delivered a written
notice to the Association containing its name, address and
the number of the Lot encumbered by the Moit+^�c and
requesting that t' Association deliver written no, i't
of any or all of events specified in Section I; li.s
Declaration of A�, .:xati,on.
I3_ FINAL ,SUgDIViSION MAP. The term al Bu,-tuivi;sion
Map" shall mean the subdivision map recorded ._
19, ,_as Map No. in the official Records of the
County. The term "Final Subdivision Map" shall also mean, any
recorded Subdivision map described in a Doolaration of
Annexatio
14. _FIRST MnRTGACE_.The term "i=first Mortgage shall
mean a Mortgage of a First Mortgage.
Iso FIRST MORTGAGEE.. The term "First Mor'tgageo" shall
mean the Mortgagee of a First Mortgage
16. IMPROVEMENTS. the terga "Improvements" shall mean
residences, buildings, Outbuildings, facilities, streets,.
driveways, parking areas, fences, walls, decks, Jacuzzis,
pools and other structures and all landscaping or alterations
of the natural teC-rain constructed' upon property subject to
this Declaration.
17 6 INSTITUTIONAL MORTGAGEE,.. the term "'institutional
Mortgagee'' shall mean a First Mortgagee which is (i) a bank;
savings and loan association, insuranco or mortgage company
or the institution chartered under or regulated by any
3
federal and/or state law; (ii) an insurer or governmental.
guarantor of a First Mortga9e, nc'.uding, without limitation,
the Federal Housing Authority and the Veteran's
Administration; ( iii) the State of California; or (iv)
Declarant.
!a. INVITEE. The term "Invitee" shall mean any person '
whose presence within the subdivision is approved by or is at
the request of a particular Owner, including, but not limited
to,, lessees, tenants and the family, quests, employees,
licensees or invitees of Owners, tenants or lessees.
19 LOT_ The term "Lot" shall mean Lots 1 through
inclusive, as shown on the Final Subdivision Map and all
Improvementssituatedthereon. The term "Lot" shall also
mean those portions of the Additional Property described as
Lots in a Declaration of Annexation for a Particular purpose.
20. MEMBER. The term "Member " shall mean an owner
Member.
21. MC:~ENGAGE . the term "Mortgage" shall mean any duly
recorded moT':gage or deed of trust encumbering a Lot,.
22. MORTGAGEE. The term "Mortgagee" shall mean a
Mortgagee under a Mortgage as well as beneficiary Under a
deed of trust.
s
23. NOTICE AND HEARING. The term "Notice and Hearing"
shall mean the procedure which gives an Owner notice of an I
violation of the Project Documents and the
opportunity for a hearing before the Board,
24. OWNER.. The term "Owner" shall mean the holder of
record fee title to a Lot, including Declaraht. If more than
one person owns a single Lot, the term "Owner" shall mean all
owners of the Lot. The term "Owner" shall also Mean a
contract purchaser (vendee) under an installme'.it Land
contract but shall exclude any person having an interest in a
Lot merely at security "for performance of an Obligation.
25.
PROJECT DOCUMENTS The term "Project Documents"
shall.. mean the Articles] Bylaws, this Declaration, the
Association Rules, the Articles of Incorporation for the
FAIRWAY ESTATES INC. ASSOCIATION.
26, PUBLIC. REPORT. The term "Public Report" shall mean
a Final Subdivision public Report issued by the Department of
Real Estate of the State of California for the FAIRWAY
€STATES, INC. Subdivision.
27, REGULAR ASSESSMENTS The term "Regular
4
Assessments shall mean the assessments which are levied
against each owner member,
28, RESERVE ACCOUNT The term "Reserve Account" shall
mean a reserve fund into which the Board shall deposit funds
collected as reserves for oontingenc,ies.
29. RESIDENCE. The term "Residence" shall mean a.
building or buildings used for residential purposes,
including Garages.
301. SUBJECT PROPERTY., The term "Subject Property`
shall mean the realproperty described on Exhibit "A" and all.
Improvements situated thereon and such additions to the
Property as may hereafter be brought within the jUrisdiction
of the Association.
ARTICLE -III
OWNERSHIP AND EASEMENTS
1 NON -SEVERABILITY .
a. No-$ep arate_._c.onyeyance . The interest of each
in the use and benefit of the Common Area shall be
appurtenant to the Lot owned by the owner. Na Lot shall be
conveyedby the owner separately from the interest in the
Common area. Any conveyance o.t any Lot shall automatically
transfer the right to use the common Area without the
necessity' of express reference in the instrument of
conveyance
b. No. Judicial partition.There shall be no
judicial partition of the Common Area. Each Owners whether
by deed, gift, devise or operation of law, for his own
benefit of all other Owners, specifically waives and abandons
all rights, interest and causes of action for judicial
`partition of any interest in the Common Area and does further
agree that no action for judicial partition shall be
institutedi prosecuted or reduced to ju'dgetrie'nt.
2. OWNERSHIP OE LOTS..... Title to each Lot in the
subdivision shall be conveyed in fee to an Owner• If the
Association owns a Lot, the Association shall be considered
an Owner for the purposes of this DeclaYation' If more than
one person and,/or entity owns an undivided interest in the
same` Lot, sutth persons and/or entities shall constitute one
(1 ) owner
3. ��rticleThe ownership interests in the Cots
described are subject to the easements
granted and reserved in this Declaration. Each of the
5
0
easements reserved or granted herein shall thenceforth be
deemed to be covenants running with the land for the use and
benefit of the Owners and their Lots superior to all other
encumbrances applied against or in favor of any portion of
the subdivision. individual grant deeds to Lots may, but
shall not be required to; set forth the easements specified
in this Article.
a. Easements. On Final Subdivision Mae` The Lots
are subject to the easements and rights of way shown on the
Final Subdivision Map and any other restrictions imposed by.
any city, county, state or federal government
Easements For Common Area. By virtue of this
Declaration,, every owner shall have non-exclusive right and
easement of use and enjoyment in and to the Common Area
within the Subdivision, which shall be appurtenant to and
shall pass with the title to every Lot, subject to the
restrictions set forth in this declaration. Said easements
for Common Area shall not include the Golf Course Area of
Parcel "A".
C. Easement T'o„_, )eclarant For AcLJoinin4 Property
Declarant shall have, and hereby expressly reserves, an
easement OV6Y and across any Common Area as Servient
tenement, fot' the purposes of reasonable ingress to and
egress from, over and across the Common_ Area, including
private roads and pathways
d. ttidditi.onal; Easements..,,Notwithstanding
anything expressly or implied to the contrary, this.
Declaration shall be subject to all. easements granted by
Declarant for the installation and maintenance ')f utilities
and drainage facilities necessary for the development of the
Subdivision
e Associations Easements. There are hereby
reserved to the Association and its duly authorized agents
and representatives such easements over Lots as are necessary
to perform the duties and obligations of the Association set.
forth in the Project Documents, including without limitation
and the right to enter upon Lots-:
4,. ESTABLISHMENT OF EASEMENTS:. Each of the easements
provided for in this Declaration shall be deemed to be
established Upon the recordation of this Declaration and
shall thenceforth be deemed to be ;covenants running W1,
land for the use and benefit of the Lots as the case nrR„
superior to all other encumbrances applied against,
favor -of any portion of the properties which are the subject
of this Declaration. In furtherance of the easements
provided for in this Declaration, the individual grant deeds
6
to Lots may, but shall not be required to, set forth ,;raid
easements.
ARTICLE IV
USES. _AND 'RESTRIC'rIONS
1. USE AND OCCUPANCY OF LOTS AND RES.*ENCESS.. Each Lot
shall be improved and used exclusively for residential
purposes and no building or buildings shall be erected,
coistrut--ted, altered ov maintained on any Lot other than one
(1.) single family dwelling and other improvements- must be
approve.I by the A-t,-;hitectural Committee. No Residence shall
be constructed on any Lot unless the plans therefor have been
reviewed and approved by the Architectural Coi,rmjf;tee
provided, however, any Residence constructed by Declarant
shall be exempt t from the architectural cont -A provisions.
Each Residenrc= ahall, at a minimum, con-ta..,n (.14DQJ, fourteen
hundred square feet, excluding garages, cellars, patios, and
porches. No Owner may permit or Cause anything t? be done or
kept upon, in or about his Lot which might obstruct or
interfere with the rights of other Ownersor which would be
noXious, harmful or unreasonable offensive to other owners.
Nothing shall be done or kept on any Lot which will increase
the rate of ins.irance or result io the Cancellation of
-� insurance. Each owner sha11 comply with all of the
requirements of :ill governmental authorities, federal, state
or local, and all law, ordinances, rules end' regulations
applicable to his Lot and Residence.
2 MENTAL ;OA- RESIDENCES. An Owner shat.:, be entitled
to rent or lease hAs Residence if:
They r: is a written rental � ` lease agri ement
specifyi-g that (i.' the tenant shall be subject to all
provisions of the P—, eject Documents and (ii) i failuro to
comply with any py:)vision of the Project Dt-ouments shall
constitute a'default under the lease agreements; and
b ii The O.oner makes available to each tenant a
copy of the Project Cccuments:
3. ANIMALS.._ No animals of any kind shall be
imalntained, or bred or kept on any Lot or in the Common Area
except that dogs, cats, or other customary 'household pet's in
a reasonable number and size as determined by the Board may
'be kept► provided, however, that they are not kept, bred., or
maintained for any commercial purposes and, provided
further, that the Asso:iation 4ules may limit or restrict the
keeping of such pets. The Board shall specifically have the
right to prohibit the keeping of any pet which, after Notice
i
and Hearing, is found to be a nuisance to other Owners. Each
person bringing or keeping a pet within the subdivision shall
be absolutely liable to other Owners and their Invitees for
any damage to persons or property caused by any pet brought
within or kept'within the subdivision by such person or by
members of his family, his quests, or invitees. All dogs
shall be kept on a leash when outside the Owner's Lot.
4. SIGNS. All signs displayed in the subdivision
shall be attractive and compatible with the design of the
Subdivisionand shall comply with all applicable local
ordinances. The only signs of any kind which may be
displayed to the public view on or from any Lot in the
Subdivision are described below.
a. One (1) sign of reasonable dimensions may be
placed on a Lot advertising the Lot for sale or rent,
b. Signs may be displayed by Declarant on common
Area or unsold Lots, as declarant deems appropriate,
advertising Lots owned by Declarant for sale or rent';
C. Appropriate signs may be displayed by the
Association to identify the Subdivision.
d Other signs., poster; acid notices approved by
-- the Board or specified in the Association Rules or in this
Declaration may be posted in loc;.tions designated by the
Board; and
displayed. e: Signs required by legal proceedings may be
5 GARAGES. Each Owner shall construct on his Lot a
Garage which, at a minimum, shall permit parking of at least
two (2) full size automobiles. Each Owner shall keep his
Garage in a neat and orderly condition with all storage areas
completely enclosed and shall regularly park cars in the
Garage: Garages shall be used only for the parking of motor
Vehicles, storage and workshop purposes pursuant to the
Asscziation Rules; provided, :however, that Garages may 'lot be
used for storage purposes if such storage prevents the Owner
from parking any automobile or othe?- vehicle owned or leased
by the owner within the Garage. Any doors to Garages which
are visible from any street shall be kept closed except
during access therefrom or thereto or during such other times
when the garage is occupied by the owner of the Residence for
on-going maintenance, cleaning, or other similar purpose.
b. TRASH CONTE NEkS AND _COLLECTION' All garbage and
trash shall be placed and kept in covered containers of a
type and style in conformance with the Association Rules. In
'8
no event shall such containers be maintained so as to be
visible from Subdivision Lots. Not before 4:00 p.m, of the
day proceeding trash collection, each Owner may place trash
in covered containers or plastic bags outside the Residence
in a location designated by the Board' for trash Pick-up.
Trash containers shall be removed no later than nightfall on
trash collection days
7• ANTENNg5� Except for those erected or constructed
by Dec] al, "t or installed by a licensed public or
public Utsi-
Y-ity or cable franchise, no outside television
antenna, aerial, satellite dish or radio tower shall be
erected, constructed or placed on any Lot
a. INVITEES. Each Owner shall be responsible for
compliance with the provisions of the Project Documents by
his Invitees, An Owner shall promptly
Assessment levied and/or' any fine or y Pay any Reimbursement
penalty
such Owner for violations committed byhisInv tensed agaihst
9. REST RICTIONoN �SlISINESS.
commercial, manufacturing,' +��• NO business, or
mercantile, storage, vending or
Other use of any kind shall be established, maintained,.
operated, Permitted or conducted in any portion of the
Subdivision except the business of Declarant in completing
the development and sale of the Lots in the Subdivision
except as may be permitted by local ordinance,
10. MACHINERY AND EQUIPMENT: No machinery or equipment
of any kind shall be maintained or operated upon any Lot
except as is customary and necessary in connection with
approved construction �f a
lands�a i ng on a Lot_y Residence and Improvements,
.p , ur maintenance of a swimming pool,
jacuzzi or sauna. Notwithstaoding the foregoing, machinery
or equipment which is used for home -hobby purpose's may be
used within the Residential Area provided such equipment or
machinery does not constitute a nuisance; and provided
further, that such machinery or equipment is not used between
the hours of 9!00 ppm, and 7:00 a.m.
1. LANbSCAPPIN�G Within ninety (90) days after filing
a notice of completion for a Residehce, each Lot shall be
landscaped by each Owner in accordance with landscaping plans
which shall have received the prior a
Architectural Committee. ppr°val of the
materials shall be so located or allowed to reach or taesize aOr
height which interferes with the view from another Lot, then
the Owner thereof shall cause such trees) hedge(s) or other
Plant material(--) to be trimmed. After such time as
Commtt(� approved by the Architectural
landscapingen�l m tureVetreesn shall be removed .
without the by an Owner
prior consent of the Architectural Committee.
5'
s.�
HAND MATERIALS- PAINTING REQUIRED No
12. NO SEGUID^tion of any
----�-_ r
secondhand materials shall be used n ton anysLotcwithout the
other structure
residence building Or
of the Board or the Architectural
prior written aper
Committee-
The work of
13, DILIGENCE, IN CONSTRUCTION R
Residence,
h'aildingr
erecting any Lot shall be
constructing and any shall be
other structure on
Improvements or N^ outbuilding
prosecuted within a reasonable time- be
completed prior
to the completion of the Residence, except
ay
that temporary storage and caonvenience facilities dence mon the
erected for workmen as SOOn
engaged
facilities shall be removed permitted
Lot, but such temPor YExcept as p
as the Residence is completed. bar, garage, basement of
hereunder, no trailer, tent, Srahack, building or structure of
any incomplete building or tempo time as a Residence, either
any kind shall be used at any
temporary or permanent.
EL
No owner may change the "mean the
Of a Lot.. For purposes of this Declaration
14. EVATION.
elevation" of the date the Lot was conveyed by
term "mean elevation" as change in the mean elevation of a
Declarant to an owner, roved by the Architectural Committee.
Lot shall first be app
No Owner of a Lot shall in any way
15 DRAINAGEpattern
interfere with or Ghange for other 4:ot established provided,,however,
over his Lot. for adjoiningns
each owner Will. make adequate protoslchanger the pEstablisheedd
in the event it is necessary "establish
drainage over his Lot. For the purpose hereof,
drainage" is d,ef i.ned as the drainage
e Lot was
cccomp completed the
of any Lot
time the overall grading ading or drainage on
Declarant. An)% change in gr
shall first be approved by the Architectural Cam tach eowner
by the Count,/ of butte
if required, Owner' of ad,)'acent or adjoining
shall permit free access by s 'located on his Lot when such
Lots to slopes or drainagewathe maintenance of permanent
Lo f or
stabilization ori access is necessary
slopes oche fLo a on,which the slope or
protect
property other than rep a.i.r
dYa� nagewaY is located. onIfhas owner
r nal ccordance with the
a drainage condition �or'ty-eight (45) hours
provisions of this peclat'ation the Association has the right
of notice from the Association, the condit9.on and.
to enter onto the subJect Lot and repairlevying a
Owner for any costs incurred by t1e
charge. the rovided, howevery that in
Reimburtemont Assess .1 prior notice need be given:
event of an emergency,
10
W
t
16 UQE �.ND MAINTENANCE. Each Owner will keep,
maintain, water, plant and replant all slope ,banks located on
such Owner's Lot so as to prevent Erosion and to create an
attractive appearance. No structure, planting or other
material shall be placed or permittedto remain or other
activities undertaken on any of said slope banks which may
damage or interfere with established slope ratios, create
erosion or sliding problems, or which may change the
direction of flow of drainage channels, if any, or obstruct
or retard the flow or water through drainage channels, if
any.
17. SOLAR ENERGY -SYSTEMS No solar energy system, or
any portion thereof, which will be situated on the exterior
of a residence or elsewhere on a Lot so that it will be
visible form any other Lot, shall be installed without the
prior written approval of the Architectural Committee of
Plans and Specifications (as hereinafter defined) for such
system. The Architectural Committee may disapprove any such
solar energy :oystem or portion thereof which it, in its sole
discretion, determines will be unsightly from any other Lot.
�oav 18'. RESTRICTIONS ON FURTHER SUBDIVISION. No Lot,
xcept Lot #23) shall be further subdivided nor shall be less
than all of any such Lot be conveyed by an Owner thereof. No
easement or other interest in a Lot shall be given without
the prior written approval of the Architectural Committee for
permission to use such Lots as the site for a single
Residence. Approval thereof by the Architectural Committee
shall not be unreasonable- withheld; Notwithstanding
any
merger which occurs under law or otherwise as the result of
one ( 1 ) Owner accluiring a fee interest in two ( 2 ) or more -
adjacent tots, for purposes of this Declaration, the Owner
shall have a vote for each Lot and shall be responsible for
paying the assessments levied on each Lot owned br the: Owner
prior to any merger..
ig . FENCES. No fence will constructed on any Lot. The
only fencing allowed will be constructed by 'Declarant or the
Property Owners Association as determined by the Board of
Directors.
0. UTILITY SERVICE:_ No lines, wires or other devices
for the communication or transmission of electric current or
power, including telephone, television and radio signals;
shall be constructed, placed or maintained anywhere in or
upon any Lot unless the same shall be contained in conduits
or concealed in, under or on buildings or other approved
structures. Nothing herein shall be deemed to forbid the
erection and use of temporary power or telephone services
incident to the construction of approved buildings.
21. USE OF LOTS. No. rubbish or debris of any kind
shall be placed or permitted to accumulate on or adjacent to
a Lot., and no odors shall be permitted to arise therefrom,
which might render any Lot or portion thereof unsanitary,
unsightly, harmful or detrimental to any of the property in
the vicinity thereof Or to the occupants theredfo No
nuisance shall be permitted to exist Or operate upon any Lot
which might he harmful or detrimental to any property in the
vicinity thereof or to its occupants. without limiting, any
of the foregoing, no exterior speakers, horns, whistles,
bells or other sound devices, except security devices used
exclusively for security purposes, shall be located use or
placed on a Loti
22. CLOTHES DRYING FACILITIES. No outside
clotheslines or other outside clothes drying or airing
facilities shall be maintained on any Lot unless the
Architectural Committee finds such facilities to be
adequately concealed so as not to be seen from any adjacent
property.
23. FIRES. There shall be no exterior fires whatsoever
except bar--b-clue fires contained within receptacles
designated for such purposes.
24. MAILBOXES. There shall be not exterior newspaper
tubes or freestanding mailboxes except as may have been
initially installed by Declarant or thereafter approved by
the Architectural CommittOe,
28. BASKETBALL STANDARDS No basketball stand or fixed
sports apparatus shall be attached to any residence or be
erected on any Lot except as approved by the Architectural
committee.
26. BALCONIES AND No Owner shall use any
balcony or patio attached to the Residence included within
his Lot for storage purposet.
27 DISEASES AND IN5ECTS.. No Owner shall Permit
any thing or condition to exist upon his Lot which shall
induce, breed, or harbor infectious plant diseases or noxious
insects
ARTICLE V
!MpROVLE_MENTT5S�
16 MAINTENANCE OF COMMON AREA: The Association shall
be responsible for ensuring that each OL00r maintains his Lot
12
and constructs and maintains a Residence thereon in
conformance with the provisions of this Declaration.
2. MAINTENANCE OF RESIDENCES. Each Owner shall keep
all portions of his Lot and Residence in good repair and
condition; including any skylights, windows, and other glass
surfaces of his Residence and any screens covering doors, and
windows of his Residence.
3 IMPROVEMENTS. No improvement, repair, excavation
or other work which in any way alters the appearance of any
Lot or the Improvements located thereon (including the
"
exterior of the Residence) from its natural state existing on
the elate such Lot was first conveyed in fee by Declarant to
an Owner shall be made or done. without the prior approval of
the Architectural Committee,
4. LANDSCAPING. All landscaping in the Neighborhood
shall be maintained and cared for in I" manner consistent with
the standard of design and quality established by
Declarant and in a condition comparahle, iL {.,rat of other
first class residential subdivisions in the � -)eclfic
restrictions on landscaping may be establisi'lud i w ,�Ie
Association Rules,. All landscaping shall be maintainer in u:
neat and orderly condition, and trees, shrubs and plantings
shall be trimmed so that they shall not overhang or encroach
4 - upon; above or below any other Lot, sidewalkor street; -
unless the prior approval of the Architectural Committee is
obtained.
5 RIGHT OF ENTRY. In order to enforce the provision
of this Declaration, the Board may enter any Lot whenever
entry is necessary .in connection With the performance of any
maintenance or construction which the Board is authorized to
undertake. Entry shall be made with as little inconvenience
to an Owner as practicable and only after reasonable advance,
written notice of not less than twenty-four (24) hours,
except in emergency situations in which case no prior notice
need be given.
ARTICLE..Vx
rUNDS AND ASSESSMENTS
i. COVENANT TO PAY, beclarant and each Owner covenant
agree to pay to the Association the assessments and any
Additional Charges levied;
a. Liability. f.or Payment.. Declarant; for each
Lot owned within the subject Property; hereby covenants and
each Owner of a Lot by acceptance of a deed thereof, whether
18
or not is shall be so expressed in such deed, is deemed to
covenant and agree=s to pay to the Association all assessments
levied hereunder, together with interest, costs and
reasonable attorne/s fees, shall, upon the recordation in the
office of the County Recorder of a Notice of Delinquent
Assessment, be a continuing lien upon the property against
which each such assessment is made. No owner may waive or
otherwise escape personal liabil%ty for assessments or
release the Lot owned by him from the liens and charges
hereof by abandonment of the Lot or any other attempt to
renounce rights in the Common Area or the facilities or
services within the subdivision. Each assessment shall
constitute a separate assessment and shall also be a
separate, distinct and personal obligation of the owner of
the Lot at the time when the assessment was levied and shall
bind his heirs, devises; personal representatives and
assigns. Any assessment not paid when due is delinquent.
The personal obligation of an owner for delinquent
assesFments shall not pass to a successor Owner unless the
persoiial obligation is expressly assumedb;, the successor
Owner . No such " ncludir9 assumption a ofpersonal
purchas r under an
successor owner l any owner from
installment land contract) shall relieve
personal liability for delinquent assessments.
b,, offsets. No offsets against any assessment
shall be permitted for any reason, including, without
lim?tation, any claim that the Association is not properly
discharging its duties
2: REGULAR ASSESSMEN?S..
a . Payment of Regular A,;sessinents . Regular
Assessments for each fiscal year shall be established when
the Beard approves the budget for that fiscal year and shall
be levied on a fiscal year basis and shall be fixed at a
uniform rate for all Lots. Unless otherwise specified by the
Board. Regular Assessments shall be due and payable in
mortnly installments on the first day of each month during
the term of this Declaration. Regular Assessments shall
commence for all Lots no later than the first day of the
first month following the month in Which the first Lot is
conveyed to a n owner and may commence prior to that date at
the option of Declarant. increases in RegW,-.o, Assessments
shall be subject to the limitations as set forth,.
b, Bud etin ._ Rega, Bless of the number of
Members or the amount of assets of the Association, each year
e a Pro forma operating statement (budget) c6nt to each
the Board shall prepare; approve and make available
o e
Member p { i i
(i) estimated revenue and expenses on an accrual basis,
the amount of the total cash reserves of the Association
i'4
currently available for replacement or major repair of
Association property and for contingencies
estimate of the remaining liftemized
e of, and the �methods aof�funding
to defray repair, replacement or
, and additions to major
components of the Common Area, � iv) a general statement
setting for the
Procedures used by the Board in the
calculation and establishment of reserves to defray the costs
of repair, replacement or additions to major components of
the Common Area, if any, and estimated costs of enforcing the
Provisions of tamount shall be
his Declaration. The total
charged equally against all !_ots in thesubdivision as
the Bylaws,:
Regular Assessments, subject tL.M the limitations set forth in
For the first fi.,3
based upon ,cal year, tie budget shall be
P n th'e budget acceF,ed by the Department of Real
Estate of the State of Cali"ornia and shall be approved by
the Board no later than the date on which Regu16t Assessments
are sched,;led to commence. Thereafter,
annually prepare and a the Board shall.
thereof to each Member, together
bwathtwrittens notice � of cthe
amount of the Regular Assessment to be levied against the
Owner's Lot, not more than forty-five
than sixty ( 60 ) days prior tthe beginningC4>days and not less
year. o of the fiscal
b. Restrictions for Tax Exemption
the Association seeps to — be ons As long a
ered as an
organization e;,empt from federal and statQnsidcame- taxes
Revenue to rnterhal Revenue Code Section 528 and California
Revenue and Taxation Code `,ection 23701t and any amendments
thereto, then, notwithstanding any other
Project doeUments, the Board shall Provision in the
and otherwise conduct the business f paere its annual budget
a manner consistent with federal and state requirementsAssociation '
toqualify for such st,at,Us.
As long as either federal or state
regulations may so require `or the Association -to receive tax
observempt d:atUs, the following budgeting limitations shall be
observed:
{60e or as) On Gross Income -
More of the Sixty Percent
taxable gross income of the Association for each
Year shall consist solely of aMoUnts received as
membership dues, fees and assessments from Members,-
(bb)
embers;
r M On Nature. of Ex eriditw_res,
Ninety
percent 90�: j or more of the expe;nditUres of the Associaton
for the taxable �•
Year shall be expenditures solely for
Providing management; maintenance and care
the Associ of the or e for the general wProperty of
el"Ica of the Members;
ncc) On Benefit to Individuals. No
be the net earnings of the Association hall inure tothebenefit of any Member or individual (other halthathose
i5
0
benefits provided by the Association's management,
maintenance and care of property within the Project or by a
rebate of excess assessments);
(dd) on Exponditures for Utilities. the
Association shall not provide or maintain facilities to
provide utilities for its Members (provided, however, that
the Association may charge members for commonly metered
services providedto the common Area by utility companies°°
which charges shall be equally apportioned on a per Logit
basis)
( ee) on Funds for Capital Improvements
Amounts received as assessments which are not expended for
Association purposes during the taxable year (funds collected
for contingencies and deferred maintenance, repair and
replacement of capital Improvements), not including excess
funds in the current Operation Account, shall be transferred
or deposited to and held in a separate trust account(s) to
provide for management, maintenance and care of the property
within >he. Subdivision and to promote the general welfare of
the Members.
C. Non --Waiver o Assessments. If before the
expiration of any fiscal v�ar the -Association fails to fix
Regular Assessments for the next fiscal year, the Regular
Assessment established for the preceding year shall continue
until a new Regular Assessment is fixed.
d. Surplus: Within one hundred and twenty (i2o)
days after the end of each fiscal year, the Owner shall
_d
receipts an
accounting
assessment P
receive an of
disbursements for the last -ended fiscal year. if such
accounting shows that a surplus of cash'` results in the
Current Operation Account,, the Owners shall vote whether to
refund all or part of such surplus or whether such surplus
shall be carried over to future assessment periods and
applied to reduce future assessments
ENTS. Special Assessments may be
levied in addition A
on toERegul,ar Assessments for (1) correcting
an inadequacy 1n the Current Operation Account, or (ii)
paying for such other matters as the Board may deem
appropriate for the Subdivision. Special Assessments shall
be levied in the same }fanner as Regular Assessments.
4 . CAPITAL___IMPROVEMEiNT ASSESSMENTS .. In addition to
any other assessments provided for hereunder, the Association
may levy a CapitGl limpilovement Assessment for the purpose of
defraying, in Whole or in part, the cost of any construction
or replacement of a capital improvement. Capital Improvement
Assessments shall be due and payable by all owners in such
16
installments and during such period or periods as the Board
shall designate..
S. REIMBURSEMENT ASSESSMENTS. The Association shall
levy a Reimbursement Assessment against any Owner and his Lot
if a failure to comply with the project Documents has (i)
necessitated an expenditure of monies by the Association to
bring the owner or his Lot into compliance or (ii) resulted
in the imposition of a fine or penalty. A Reimbursements
Assessment shall not be levied by the Association until
Notice and Hearing has been given. Notwithstanding any other
provision in the Project Documents expressly or implied to
the contrary, Reimbursement Assessments are assessments but.
they may not be enforced by any lien rights pr sided in this `
Declaration
6. TIME ANu MRNNCK
Assessments shall be due and payable by the Owners to the
Association during the fiscal year in equal monthly
installments, on or before the first day of each month, or in
such other manner as the Board of Directors shalt designate.
if any assessment due hereunder is not paid within thirty
(30) clays after its due date, a late charge shali be leviers
by .the Board in an amount which shall.
be establishc-d by the
Board, but which shall not in any even exceed the Maximum
rate permitted under California Civil Code Lnecti.on 1366 or
any successor statute or law. the Board -nay. in .1ts
discretion; waive the late charge in any particular instance.,
If any suit or action is brought to collect r.n' such charge,
there shall be addedto the amount thereof posts of suit and
reasonable attorneys'' fees to be fixed by the court and
included in any judgment in any such quit or scion.
7. LIMITATION ON.ASSESSMENTS. Fran and after January
ist of the year immediately following ti're conveyance of the.
first Lot to an Owner, other than brjclarant, the Regulax
Assessments may not 'be eKcep't in the case of an Emergency
(as hereinafter defined) increased rrore than twenty percent
( 20"s ) of the lkegular Ascessmen } is for the immediately
preceding fiscal year and Spe, alAs` e8sments may not be
except in the case of an Emergenry, increased by more than
five percent (5-1) of the budgfi>ted gross expenses of the
Association for that fiscal: year and Capital Improvement
Assessments may not be, eysept in the case of an Emergency,
increased more than five percent (S%) of the budgeted gross
expenses of the Associatloerfor cent that(5'1%) fiscal year the
consent. of fifty one p Owners;
constituting a quorum and casting a majority of the votes at
ce with. the
provisionsote Association conducted lei
t� meeting or election of th on 7613 of the
accordan of Section
California Corporations Code, or any successor statute. For
the purpose of this Section, a quorum shall mean 'more than
17
fifty percent, (50%) of the owners of the Association and an
Emergency shall mean any one of the fC1lowin9=
a, an extraordinary expense required by an order
4-
OT
of a Cour
b, an extraordinary expense
necessary
the ySu o repair.
or maintain tt�e Common Area or any P
which is the responsibility of the Association propertyta s
where a threat to personal safety
discovered; or
C. an extraordinary expense necessary to repair
or maintain t�°7e common Area or any Part of the Subdivision-
which the Association is responsi�o�r�hQtinoulPrepar preparing been
reasonably fog' t'se' n by the
distributing the B dgethat pri.oprut
provided, howV_NoetheuImposition ounder 'thisDeclaratir collect�on
t
of an assessm�.nt under this Section, the Board shallpass a
resolution containing written findings as to the necessity of
olved and why e
the: extraordi;'arY exPewhich is inv
dsnot have been reasonably oreseentin
expense was nct or soul
j rocess, and the resolution shall be
the budget.i.rg p
distributed tc the calbculatinghwhetherthe notice
anincreaseOf the atoeRegular
For the PurPo,,,e of ercent (20%), the term °Regular
Assessments ex,::eeds twenty P
Assessments" s' -a i 1 be deemed
Ass dation lase a tRegular nAssessment
against each lot by th
plus any amouy1t paid by the Declarant as a subsidy ^ursuant
to any subsic'y ag"eeme:nts, to the extent such subsidy
payments offset any amount which would otherwise be paid by
owners as Regular Assessments:
ACCOUNTS
a Types of Accounts.Assessments collected by
the Association shall be deposited into at least two (2)
sit
th a ban,• and/or savings and loan
separate accounts wi
association w:�cho accounts s eration Accounthall be andea(ii) designated the Reserve
( i,) the Current P those
AoddUnt .
The Board forYlctldrent, maim maintenance portions
operation
assessments crc :� lewted
into the Curr,..nt ba assessments
lected t and shad deposit those
thfor
portions of s an eserve Accounts maintenance of
contingencie., and or replacement and deferred.
cap' s into the R
.�.__ the
capital improvements
bn current Operation Account.! All of
followino may be paid from the Current operation Account:
('aa)
All costs of enforcing the Prov sons
of the Projoct Documents;
1$3
(bb) Taxes and assessments, if any, levied
or assessed separately against Associate property;
(cc) insurance premiums and costs for
policies purchased for the benefit of the Association,
(dd) Wateri sewer, garbage, electrical,
gas, telephone and other necessary utility services.
(ee) Costs of routine maintenance, repair
and upkeep of the Common Area and;
(ff) All other goods materials, supplies,
furniture, labor, services, maintenance,, repairs or
alterations which the Association is authorized to secure and
Pay for pursuant to the terms of this Decl*ration or by law,
other than those to be expended from the R,,,.serve Account.
a. Reserve Account. The Association shall. pay
out of the Reserve Account only those costs that are
attributable to the maintenance, repair or replacement of
capital improvements for which reserves have been collected
and held, if any, and for costs reasonably anticipated by the
Board as being necessary for the enforcement of the
provisions of this Declaration. No portion of a reserve
designated for a particular capital improvement may be
expended for any purpose other that the maintenance or
replacement of that capital improvement. Any interest earned
on a Reserve Account may, in the discretion of the Board, be
used to reduce the amount of future assessments allocated or
reserves or be refunded to Owners, Except for funds
collected for contingencies, no funds collected for the
Reserve Account may be used for ordinary current maintenance'
and operation purposes.
b. Review of_Accounts: The Board shall do the
following not less frequently than quarterly=
(aa) Cause a current reconciliation of the
Association's operating accounts to be made and review the
same
(bb) cause a current reconciliation of the
Association's reserve accounts to be made and review the
-
same;
(c,c) Review the most current: year's actual
reserve revenues and expenses compared to the Current year's
budget
(dd) Rev tew the most current account
statements prepared by the financial institution where the
i9
(ee) Review an income and expense
statement for the associati'on's operating and reserve
accounts.
9. ENFORCEMENT OE ASSESSMENTS.
a. Establl,isinment of Lien. There is a present
each Lot to secure payment
lien, with power of sale.,,
against
of all assessments (except Reimbursement Assessments), levied
against the Lar pursuant to this Declaration, all Additional
charges and all sump, which become due and payable in
after the date of
acoorda'hce With this [declaration
recordation of a notice of delinquent assessment ('Notice").
Except for the transfer of a Lot pursuant to a foreclosure
proceeding, the sale or transfer of a Lot shall not affect
such a lien. The priority of all assessment liens shall be
in in,, se order so that, upon foreclosure of the lien for a
particua,ar assessment, an sure leviedlonwsuchbLot ubjAnY
to all assessment lienrcPreviously
lien recorded shall be in favor of the Association. Each
Owner, including Declarant, hereby appoints the Association
owers the Association, as trustee, to
as his trustee and emp
enforce the lien and to foreclose the lien by the private
power of sale provided in Section 1367 of the California
civil Code of the State o.f California, as it may be revised,
amende' :,r altered- _ from tine to time, or by judicial
forec JsVre. Each Owner further grarntS
theh Lot lots on,
as t, _,.tee, the power and authority to sell
defaulting Owner to the highest bidder to satisfy such lien.
Each Owner hereby Waives the benefit of any homestead or
exemption !awsof the State of California now or then in
effect regardil-', aviy lien created pursuant to this
Declaration.
b Enforcement..._ In addition to all other
remedies provided by law, the Association, or its authorized
representative, may enforce the obligations of the Owners to
pay sessment provided foo in this 'Declaration in any
each as
manner provided by law or by either or both of the foll.owi.n9
pr6cedur'es
aa) fay Suit . The Association may
commence and Maintain a suit at law against any Owner
per obligated to pay a delinquent assessment: The
sjait shall be maintained in the name of the Association. Any
judgment rendered in any action shall include the amount of
the delinquency, Additional Changes and any other amounta as
the court may awardw proceeding to recover` a judgment For
unpaid assessments may be maintained without the necessity of
. A
foreclosing or waiving the lien established herein.
20
(bb) By Lien. The Association may
commence and maintain proceedings to foreclose the lien
established herein. No action shall be brought to foreclose
a lien until a Notice authorized by the Board and signed by
an authorized agent or any successor statute of law, or by
any Owner if the Board fails or refuses to act, has been
recorded in the official Records of the County and a copy of
the of the recorded Notice has been delivered to the Owner(s)
named in the Notice. The Notice shall state 'he amount of
the delinquent assessment(s), the Add' oval c!,arges incurred
to date, a description of the Lot allj allthe name(s ) of the
record Owner(s ) thereof. Once ( i ) thirty ( 30 ) days has
elapsed since the recordation of the Notice and (ii) ten (10')
days has elapsed since the mailing or delivery of a cop, of
the recorded Notice to the owner, an action in the name of
the Association may then be commenced to foreclose the lien
for the delinquent as..ssments. The lien recorded shall
continue for a period ,f one (1) year unless extended for a
period of one (1) additional year by the recording of a
written extension by the Association. When a Notice. has been
recorded, such assessment shall constitute a lien on each
respective Lot prior and superior to all other liens except
(i) all taxes, bonds, assessments and other levies wh,.:h, by
law, would be superior thereto,, and (ii) the lien or charge
of any First Mortgage. On ,becoming delinquent in the payment
of any assessments; or installments each delinquent Owner
shall be deemed to have absolutely assigned all rent; issues
and prof"its of his Lot to the Association and shall further
be deemed to have consented to the appointment of a receiver
(which appointmeit may, at the election of the Association;
be enforced by 'the Association through a legal action of
specific performance). The Association; acting on behalf of
the Owners, shall have the power to bid Upon the Lot at
foreclosure sale and to acquire, hold, lease, mortgage and
convey the Lot and vote as an owner of the Lot.
Notwithstanding anything to the contrary herein, a monetary
penalty imposed by the Association as a disciplinary measure
for failure of a "Member to comply with, governing instruments
or as mens of g the Association for costs
Lhe Association on siinn the repair of damage to common
Incurredby
Areas and
nblef or, lln 1 bringing'which the Member was allegedly
he Member and his subdivision
respointerest into compliance with the governing instruments of
the Association may not be characterized nor treated as an
assessment which may become a Bert against the Member's Lot
enforceable by a sale of the interest hereunder. The
limitation in the preceding sentence, however, does hot apply
to any Additional Charges.
b; Additional Ohar+ges," In fiddition to any other
amounts due or any other relief or remedy obtained againfit an
Owner who is delinquent in the payment of any assessments,.
21
each owner agrees to pay such additional costs, fees, charges
and expenditures (",Additional charges") as the Association
may incur or levy in the process of collecting from that
Owner, monies due and delinquent. All Additional Charges
shall be included in any judgment in any suit or action
brought to enforce collection of delinquent assessments or
may be levied against a Lot as a Reimbursement Assessment.
Additional Charges shall include, but not be limited to, the
following:
(aa) Attorney—'s_ Fees6-- Reasonable
attorney's foes and costs incurred in the event an
attorney(s) is employed to collect any assessment or sum due,
whether by suit or otherwise;
(bb) Late Char �es. - A late charge in an
amount to be fixed by the Board in accordance with Civil Code
section 1366 or any successor statute or law, to compensate
the Association for additional collection costs incurred in
the event any assessment or other sum is not paid when due or
with any ograce' period established by law$
(cc) Qosts of Suit. Costs of suit and
court costs incurred as are allowed by the I court;
(dd) interest. interest to the extent
permitted by law; and
(ee) _other. Any such other additional
costs that the Association may incur in the process of
collecting delinquent assessments or sum..
C. certificate of- satisfaction of Lion. upon
payment of a delinquent assessment or other satistaction
thereof, the Association shall record a certificate st6tirg
the satisfaction and release of the assessment lien.
io. STATEMENT OE ASSESSMENT LIEN, Within ten (io) days
of a request from an Owner liable Tor the
Association shall furnish to that Owner a written certificate
agent of the Association
signed by an officer or authorised
stating the amount of any assessment and..any Additional
Charges secured by the lien upon his Lot. A charge, not to
exL;ood the reasonable costs of preparation and reproduction
of the certificate,
lficat6, may be levied by the Board for the
icertificate
ssuance bf sucil ,
11. SQBO tEIL— liotwithstanding any
provision to the contrary, the liens for assessments e,,oated
by this Declaration shall be subject and subordinate t-) and
shall not affect the tights of the holder of a First Mortgage
made in good falth and for value: Upon the foreclosure Of
any First mortgage on a Lot, any lien for assessments which
became due prior to such foreclosure shall be extinguished;
provided, however, that after such foreclosure there, shall be
a ,lien on the interest of the purchaser at the foreclosure
sale to secure all assessments, whether Regular or special,
charged to such Lot after the date of such foreclosure sale,
which lien have the same offect and shall be enforced in the
same manner as proviced herein. For purposes of this
Section, a Mortgage may be given in good faith or for value
e,vp`n though the Mortgagee has constructive or actual
knowledge of the assessment lien provisions of this
Declaration.
ARTICLE VII
NIEMBERSHIp IN THE ASSOCIATIOIJ
THE _ORGANIZATION. The Association is a nonprofit
mutual benefit corporation. Its affairs shall be governed by
and it shall have such powers as are set forth in 'the project
Documents
2: MEMBERSHIP., Evch Owner (including Declarant for so
long as Declarant is an owner), by virtue of being an Owner,
shall be a Member of the Association. No other person shall
be accepted as a Member.
a. Appurtenant to Owrrer_shia Association
membership is appurtenant to and may not be separated from
the ownership of a Lot.. Membership shall terminate upon
termination of Lot ownership. Ownership of a Lot shall be
the sole qualification for Association membership.
Membership shall not be ttansferred, pledged or alienated in
any way except upon transfer of 'title to the owner's Lot (and
then only to the transferee of title to such Lot). Any
attempt to make a prohibited transfer is void. The rights,
duties; privileges and obligations of all Members shall.; be
provided in the project bocutnents.
30 CLASSES_ OF _MEMBERSHIP._ The Association shall
initially have two (2) classes of Members.
a; Class "A" .Members_. Each Owner, except
Declarant, shall be a Class "A" Membel'
by Class _`IB" Members. Declarant shall be the
sole Class "B" Member. Class "B" membership shall expire and
shall be converted to Class "A" membership on the e,ccurrence
of the following event:
2,
(aa) The date which is the second (2nd)
anniversary of the original ,ssuance of the Public Report for
the project,
C. Votin U on Termination of Class "E3". Upon
the expiration of the Class "B" membership, with respect to
each provision of this Declaration which requires the vote of
each class of 'Members, the same shall be read as requiring
23
both (a) the vote of the prescribed percentage of the Class
"A" Members other than. Declarant.
d, Accrual of Voting Rights. No voting rights
shall accrue to any Owner until Regular Assessments have
first been levied against his Lot.
ARTICLE VIII,
DEVELOPMENT RIGHTS
Q. LIMITATIONS _ OF RESTRICTIONS. Declarant is
undertaking the work of developing Residences, Lots and other
Improvements within the Subdivision. The completion of the
development work and the marketing and sale, rental and other
-- disposition of the Lots is essential to the establishment and
welfare of the Subject Property. In order that the work may
be completed and the Subdivision be established as a fully
occupied residential community as rapidly as possible,
nothing in this Declaration shall, be interpreted to deny
Declarant the rights set forth in this Article,
5. RIGHTS OF ACCE,55_ RNU
Until the second (2nd) anniversary of the original issuance
of a Public Report the Declarant, its contractors and
subcontractors shall have the richt to:
a. obtain reasonable access over and across the
Gammon Area of the Subdiviji.on or do within any Lot owned by
it whatever is reasonably necessary or advisable in
connection with the, completion of the Subdivisions and
b, Erect, construct and maintain within any Lot
owned. by its Residences or other structures as may be
reasonably necessary for the conduct of its business to
complete the work, establish the Subdivision as a residential
community
66 MARKETING RIGHTS:
a, General Rights_._ Subject to the limitations of
24
this Section, Declarant shall have the right to: (i)'
maintain model homes, sales offices, storage areas and
related facilities in any unsold Lots within the subdivision
as are necessary or rreasona„te, in the opinion of Declarant,
for the sale " or disposition of the Lots; (ii) make
reasonable use of the Subdivision for the sale of Lots; and
(iii) conduct its business of disposing of Lots by sale,
lease otherwise.
7. TITLE RIGHTS. This Declaration shall, not be
construed to constitute a limitation on Declarant's title
right. The rights of Declarant under this Declaration may be
assigned to any successor(a) by an express assignment in a
recorded instrument, including without limitation, a deed,
option or lease. this Declaration shall not be crnstrued to
limit the right of Declarant at any time prior to such an
assignment to establish additio,ial licenses, reservations and
rights-of-way to itself to utility companies or to others as
may be reasonably necessary to the propel- development and
disposal of property owned by Declarant.
ARTICLE _IX
RIGHTS OF MORTGAGEES
8. CONFLICT _ Notwithstanding any contrary Provision
contained elsewhere in the project Documents, the provisions
of this Article shall control with respect to the rights and
obligations of Institutional Mortgagees specified herein;
9.. LIABILITY .. FOR UNPAID ASSESSMENTS. Any
Institutional Mortgagee who obtains title to a Lot pursuant
to the remedies Provided in the First Mortgage (except upon a
voluntary conveyance to the lnstitutional Mortgagee) or by
foreclosure of the First Mortgage shall take the ProP^rty
free of any claims for unpaid assessments or charges against
the Lot which accrue Prior to t, o acquisition of title to the
Lot by the Institutional MotLgagee.
10. PAYMENT OF TAXES _AiVb INSURANCE. Institutional
Mortgagees may, jointly or sin�,ly, pay taxes or other charges
which are in default and Whig`► May or have become a charge
against any Common Area or Improvements situated thereon and
may pay overdue Premiums of hazard insurance policies or
secure a new hazard insurance coverage on the lapse of a
policy for such Common Area, Institutional Mortgagees making
such payments sha11 be owed immediate reimbursement for such
expenditures f;*air the Association and, on demand, the
Association shall execute an agreement in favor of all
25
0
Institutional Mortgagees
reimbursement.
ref I ect! "19
entitlement to
11. TERMINATION -QFCONTRACTS AND AGREEMENT
a. Terminations of - Contracts. Any contract or
lease, in%Iuding any contract providing for the services of
Declarantj entered into by the Association while Declarant
controls the Association, shall provide that the Association
has the right to terminate such contract or lease without
penalty or the payment of a termination fee at any time after
the transfer of control Of the Association from Declarant
upon not more than ninety (90) days notice to the other
party. This provision shall not apply to any contract of
lease agreement between the property owners Association and
any person, Association or entity for the management of the
Golf Course ground, business and facilities. For purposes Of
this Subsection, the term "control" shall mean the right of
Declarant to exercise unilateral control over the
Association, the Board, the subdivision or the owners in any
manner other than by D-eclarant's exercise of votes allocated
to Declarant on the same basis as votes are allocated to
other Owners.
b. Termination of professional Service Aqree--nit--
Any agreement for Professional management of the common Area
or any agreement providing for services of the Declarant
shall be for a term not to exceed a term of three ( 3 ) years.
Any such agreement shall provide that the agreement, may be
terminated by either party upon not more than ninety (90)
days written notice. this provision shall not apply to any
contract or lease agreement between the Property Owners
Association and any person, Association or entity for the
management or lease of the Golf 'Course grounds, business and
facilities.
12. NOTICE_ TO--ELI-GIBLE HOLDERS., All Eligible Hoider, is
entitled to timely written notice oft
a, Any condemnation loss or casualty loss which
affects either a material portion of the subdivision or the
Lot on which the Eligible Holder holds a First Mortgage,
b: Any delinquency in the Payment Of assessments
or charges owed by the Owner of 8 Lot which is subject to a
First Mortgage held by the Eligible Holder if the delinquency
Is not cured within si,.ty (60) days after its due date'
C. Any lapse, cancellation or material
modification of any insurance Policy Or fidelity bond
maintained by the AssOciati'oh;
26
d. Any proposal to take any action specified i.n
this Article or in Section jo.l.,, bel. -)W;
I en Any default by An owner -Mortgagor of a Lot is
the Rerformance* of his obligations under this Declaration or
the bylaws which is not cured within,sixty (60) days.
126 RESERVE FUND.. The Association shall maintain as a
reserve -Fund the Reserve Account which shall be sufficient to
pay 'for maintenance, repair and periodic replacement of
common Area improvements which the Association is obligated
to maintain and the costs of enforcing any of the provisions
f 0T this Declaration. This reserve fund shall be funded by
Regular Assessments of Owners which are payable in
installments rather than by Special Assessment; provided,
however, that this Provision shall not be deemed to limit the
power of the Association to levy any other type of assessment
or charge authorized by this Declaration.
13. INSPECTION OF BOOKS AND RECORDS. Upon request, any
oWner or First mortgagee shall be entitled to inspect the
books, records and financial statements of the Association,
the project DOCUMents and any amendments thereto during
normal business hours or under other reasonable
circumstances.
I
14; FINANCIAL. STATEMENTS. The Association, at its
expense) shall prepare an audited financial statement for the
furnish jurnish the same within
immediately Preceding fiscal year and
one hundred twenty (120) days after written request from any
Institutional Mortgagee.
15. VO`EING__RLGHTS OF MORTGAGEES. For purposes of this
Section, a Mortgagee shall be entitled to one (1) vote for
each First Mortgage owned.
a, iActions Requiri'0-)OtOsi- Unless at least
8jxty-sev6n percent (67%) of the, ,.nstitutional Mortgagees or
sixty-seVeh percent (67%) of the owners other than Declarant
have given their prior written approval$, the Assocl6ation
shall not be entitled to:
(aa) By act or omission, abandon, change,
partition, subdivide, encumber, .sell or transfer any property
or improvements bw6do directly or indirectly, by the
Association for the benefit of the Lots and'the Owners, '(The
granting of easements for public utilities or for other'
public purposes consistent, with the intended use of the
Subdivision by the Association and owners shall not be deemed
a transfer within the meaning of this Sub8ectlon)>
27
(bb) BY act or omission change, waive or abandon an" scheme of regulations, or enforcement thereof,
to architectural design or exterior appy, -Glance of
pertaining or the UPS C -'OP of
Lots, the exterior maintenance of Lots,
lawns, plantings or other landscaping in the Subdivision.
(cc) Fail to maintain fire and extended
rea
coverage insurance on insurable bas tionis an aof mount Common
less
on a current replacement
than one hundred Percent ( 100%) of the insurable value based
on current replacement cost:
for
(dd) Use hazard insurance Proceeds owned by the
loses to a,ny property or Improvements
than for the repair, replacement or
Association other
reconstruction of the property and Improvements,
b. Actions Relatin to condemnations. In the
or
event a portion of the Subhazardon is that esth r Gond mnednst,
destroyed or damaged Y
a
restoration or
'repair provisions of oferthemed Declaationlally in
and the
accordance with the
original plans .and specificationstheEligibleeHolderslapprovelthe
fifty-one percent (51%) o
taking of other action by the Associstion
The vote
c. Actions Rel,at,inb to e ntn(67m)not the total
or written consent of sixty-sevence
: p
voting power of the Association and fifty-one percent (5l,-)
of the Eligible Holders shall be required to assume self -
ab essisiOn onal lm an Eligible Holder has
the
management of the S
anagement Under th,� PYoJect
right to require pr
Documents, and has required such professional mana;�ement of
the Subdivision at any- time.
16. Ott RTCAGE PROTECTION . A breech ofi any of nor
conditions contained in this Declaration shall not defeat nor
ood
render invalid the lien of any First
tMoing the Subdivisage made in ion
faith and for values as to any
paha an however, that the conditions contained in this
Declaration shall be binding upon and effective against any
C weer of a Lot if
the Lot is acquired by foreclosure,
trustee's sale or otherwise:
ARrICLE..X
AMENbMENT_,ANO ENFORCEMENT.
14 AMENDMENTS.. Prior to Lhe conveyanc eclaration may bebe ofrby
Lot, the Oylaws andAfter tithe is �cnveya ce of he first Lot, the
Declarant alone:
28
aylaws and this Declaration may be amended in accordance with
the laws of this State of California.
a, Other__Provi;sions of Declaratirn. Any other
provisions of this Declaration may be amended by the (i) vote
or vlrtten consent of the record Owners constituting not less
than seventy-five percent (75e) of each class of Members
while the two class voting structure is in effect, after the
two class voting structure is no longer in effect, by the
vote of not less than seventy-five percent (75%) of the total
voting power of the Association and at least sixty-seven
percent (57%) of the voting power of the Members of the
Association, other than Declzrrant
b Recordation of Amendment. Any amendment shall
be effective upon the recordation in the Official Records of
the County of, an instrument setting forth the terms of the
amendment, duly certified and executed by the President or
vice president and Secretary or Assistant Secretary of the
Association.
2 EN -f QRCEM�NT._.
a Rights to Enforce The Association and/or any
owner shall have the power to enforce the provisions of the
Projact Documents in any manner provided by law or in equity
and in any manner provided ini this pec lar:a1on. The
Association may institute appropriate legal action, suspend
an Owner's use of the recreation facilities or his voting
rights for a period not to exceed thirty (30) days and',/or
levy a fine against an Owner in an amount est-ablished under
the Association Rules or such other standard maximum amount
as may be approved by fifty-one percent (Sl?-.) Of each crass
of members; provided, however, that any monetary Pcnalty or
Reimbursement Assessment may not be characterized or treated
as an assessment which may become a lien against 4n owner's
Lot enforceable by a sale of the interest in accordance with
the provisibn of sections 2794, 27944(b) and 2794(c) of the
California Civil. code or any successor statute or law. No
determination or whether a violation has occurred shall be
made until Notice and Hearing has been provided to the Owner
in accordance with the requirements set forth in California
Corporations Code Section 7341. 7n the event legal action is
instituted by the Association, any judgment rendered shall
inclVde all appropriate Additional Charges. Notwithstanding
anything to the contrary contained in this Declaration, the
Association shall not have the power to cause a forfeiture or
abridge -meat of an owner's right the full use and enjoyment .
his individually owned Lot, including access thereto over Ile'.
across the common Area; due to the Owner's failure to comp.' *,
with the provisions of the Project DocUMents, unless the lcr
or forfo ture is the result of the judgment of a cou'r't, a:
29
arbitration decision or a foreclosure proceeding or a sale
conducted pursuant to this Declaration. The provisions of
this Declaration shall be equitable servitudes, enforceable
by any Owner and/or the Association against the Association
and/or any other owner, tenant or occupant of the
Subdivision; Except as otherwise provided, Declarant, the
Association or any Owner(s) shall have the right to enforce,
in any manner permitted by law or in equity, any and all of
the provision of the Project Documents, including any
decision made by the Association, upon the Owners. the
Association or upon any property in the Subdivision.
b. Violation of Law. The Association may _treat
any Owner's violation of any state, municipal or local law,
ordinance or regulation, which violation creates it nuisance
to the other Owners in the Subdivision or to the Association,
in the: same manner as, a violation subject to any or all of
the enforcement procedures set forth in this Decclarat' n,
Provided that the Association complies with the Niotice aril
Hearing requirements herein.
C. Remedies Cumula`ive. Each remedy provided by
Declaration is cumulative and not exclusive.
d6 Nonwaiver. The failure to enforce the
provision of any covenant, condition or restriction contained
in this Declaration shall not constitute a waiver q^f any
right to enforceany such provisions or any other provisions
of this Declaration.
ARTICLE XI
ARCHITECTURAL REVVEW COMMITTEE
1. EXEMPTION QE. DECLARANT Notwithstanding anything
else to the contrary set forth in this Declaration, beclarant
shall be exempt from the provisions of this Article XI
Z. ORGANIZATION. !'here shall. be an Architectural
Committee for the Subdivision which shall carry out the
duties and �unct'ions assigned to it by the Association Board.
if beclarant does not exercise its option or waives the right
to appoint the Architectural Committee, Pursuant to the
provisions below, then the Board shall appoint the
Architectural Committee, If the Board fails or hooses not
to appoint such a separate Committee, then the Boaird itself
shall act as the Committee. if such a separate Committee is
appointed, such Committee shall consist of either three (3)
or 'five (S) persons at the option of the Declarant or the
Board, There may also be one alternate member who may be
B0
5
designated by the Committee to act as substitute on the
Committee in the event
of absence or disability of any member.
3. DESIGNATION OF _MEMBERS AND TERMS OF OFFICE. The
following provisions shall govern the appointment and terms
of mer oers of the Architectural Committee.
a. Initial Members. The Architectural Committee
shall consist of three (3) members. The initial members of
the Architectural Committee shall be appointed by Declarant
Prior to the co
--yance of the first Lot to a member of the
Public. Such designation shall be reflected in the Minutes
of the Association. Declarant shall designat-9 one ( 1 ) member
to serve a term of one (1) year; one member to serve a term
Of two (2) Years and one member to serve a term of three (3)`
Years from the date of appointment . If a five
er
Board is desired, an additional member shall be appointedmfor
an initial term of one (1) Year and an additional member
shall be appointed for an initial term of two (2) years.
The alternate member shall serve a term of three (3,) years,
each of said Architectural Committee members shall serve the
length of said terms specified unless they have resigned or
have been removed form office. Thereafter, the terms of all
Architectural Committee members appc.inted shall be three
)
Years, Any new member appointed to reolace a member who has
resigned or been removed shall serve such member's unexpired
term. Architectural Committee members who have resigned,
been removec, or whose terms have expired may be reappointed:;
provided, however, that no
Person shall serve as a member c,f'
the Architectural Committee, either regular or alternate
a period in excess of six (6) fo'�-
yea;rs
period, g in any ten ( i0) alternate,
the Owne1°sb - 62P-Ointment
n becla n Removal . Until such time as
nt own ninety percent (90) or
more of the bots Within the Subdivision, or five (S) years
atter the original issuance of the Final Subdivision Public
Report of the Department of Real Estate for the Subdivision,
whichever is earlier, the right to appoint and remove any or
all Architectural Committee members shall be, and is hereby,
vested solely in Declarant unless
Declarant Prior to same ti
the Association, provided; however, that after one year me
waives its
1',ights hereunder by notice in writing to
from
the -issuance of the Final Subdivision Public Report for the
Subdivision, the Board shall •ve the right to a
member to the Architectural Committee. PPaint one
or no longer has the right to a When Declarant waives
Ppoint and remove the members
of the Architectural ural Committee, said 'right sha11 be vested
sal6�y in the Board, All 'members appointed by the Board
shall be Owners, Exercise of the right of appointment and
removal, as set forth herein, shall be evidenced by the
31.
speGif catie.sn in the Minutes of the A ,,3o -ration of each new
alternate replaced or removed from the Architectural
Committee.
c, Resignations Any member or alternate member,
of the Arch it, ectura I Committee may at any time resign from
the Architectural Committee upon written notice delivered to
Declarant or the Board, whichever then has the right to
appoint Architectural Committee members.
d. Vacancies. Vacancies on the Architectural
Committee, however caused, shall be filled by the Declarant
or the Board, whichever then has the power to appoint
Architectural Committee members.
4 DUTIES. The Architectural Committee shall consid.e-
and act Upon such proposals or plans submitted to it pursuant
to the terms hereof and to the 'extent it has been granted the
authority and delegated the responsibility to review such
proposals pursuant to the Architectural Standards. Proposals
shall be submitted to and considered by the Architectural
committee. The architectural Standards shall interpi-et and
implement the provision of this Deilara`tion by setting forth
the standards and procedures for architectural review and
guidelines for architectural design, placement of buildings,
color schemes, exterior finishes aid materials and similar
features which may be used in the Subdivision provided,
however, that the Architectural Standards shall not be in
derogation of the Minimum, standards established by this
Declaration. The Architectural Standards shall be accepted
as Association Rules when adopted in accordance with the
Provisions, of the Bylaws.
5, APPLICATION .-FOR- APPROVAL. OF, IMPROVEMENTS, Any
Owner, except Declarant and its designated agents, Who wants
to perform any alteration or addition for which approval is
required shall notify the Architectural. Committee in writing
of the nature of the proposed work and shall furnish such
information as may be required by the Architectural Standards
or reasonable requested by the Architectural Committee,
6. BASIS FOR'.. APPROVAL OF IMPROVEMENTS, The
Architectural. Committee may approve the proposal only if the
Architectural Committee finds that (i) the plans and
specifications conform to this Declaration and to the
Architectural. Standards in effect at the time the proposal
was 'submitted and (ii) the proposed alteration or addition
will be consistent with the standards of the neighborhood and
the provision of this Declaration as to quality of
workmanship and materials; harmony of exterior design and
visibility with respect to existing structures, environment,
location With respect to topography and finishedgrade
32
MIC
elevations.
7. FORA;. 0F._ AP'ROVALS AtJD DENIALS. All approvals and
denials shall be in writing. Any denial of a proposal must
state the reasons for the decision to be valid. If any
proposal which has been submitted in writing has not been
approved or rejected within forty—five (45) days from the
date of submission, the applicant shall notify the
Architectural Committee in writing that no response has been
received to the application. if, within fifteen (15) days
after the delivery of such notice the proposal has not been
rejected cr approver, then the proposal shall be deemed
approved
8 PROGEEDINC�. WITM WORK.. Upon approval of the
Architectural. Committee the Owner shall diligently proceed
with the commenr-ment and completion of ;all, work so approved.
Work must be coromenced within one (1) year from the date of
the approval, if tare Owner fails to comply with the
provision,of this Sectlort, the, approval given shall be deemed
revoked unless the Architectural Committee extends in writing
the time for commencement. Any request for an extension
shall be in writing. No extension shall be granted unless
the Architectural Committee finds that there h8s been no
change in the circumstances under which the original approval
was granted.
9. FAILURE_.7O COMPLETE WORK,,' Completion of the work -- - ---
apE�roved must occur i n the twe lve (12) month period following
thet approval of the work unless the Architectural Committee
determines that completion is Possible or would result in
great hardship to the owner due to strike, fires, national
emergencies, natural calamities or other intervening forces
bey:>nd the control of the Owner or his agents. If Owner
fails to coir,plete th;e work within the one (1) year period',
the Architectural committee shall proceed in accordance with
the provisions below.
10. OPTERMINATION OF COMPLIANCE Any work performed,
whether or not the Owner obtained proper approvals, shall be
inspeoted and a deteriwi.nation of compliance shall be made as
set forth below'.
t. Wrier► Notice ..,-_of __.Com letiori, upon the;
completion of any work performed by an owner f Iwhich.
approval Was required, the Owner shall give written notice of
completion of work performed for which approval was required,
the Architectural Committee may proceed upon its own Motion,
as herein,-fter set. forth:
b. be{germination �_b_. Architectural_ Committee_:_
Within s1xt` (60) days after receipt of the 'owney's Notice of
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Completion the Architectural Committee shall inspect the work
performed and determine whether it was performed in
substantial compliance with the approval granted. In the
even that an Owner fails to deliver an Owner's Notice of
Completion, thin the Architectural committee may, withinone
hundred twenty (120) days after the Architectural Committee
receives actual notice of the completion of the Improvements,
proceed to inspect the improvements and determine whether the
work was performed in substantial compliance with the
approval granted or if the Architectural Committee finds that
the approval required was not obtained, the Architectural
committee shall notify the Owner in writing of the non-
compliance. The notice shall require the Owner to remedy the
non-compliance.
11 FAILURE TO REMEDY THE NON-QQMPLIANCE. if the
Architectural Committee has determined that an owner has not
constructed an improvement consistent with the specifications
of the approval granted and if the Owner fails to remedy such
non-compliance in accordance with the provisions of the
notice of non-complia,-ice, then after the expiration of thirty
(3p) days from the date of such notification, the
Architectural committee shall refer the ,matter to the Board,
which shall determine whether the owner is in non-compliant%.
The Board shall Provide Notice and Hearing to the owner to
consider whether the Owner is in non-compliance. At the
hearing, if the Eo«"d finds that there is non-compliance, the
Board shall determ-i.ie the estimated cost of correcting it.
The Board shall then require the Owner to remedy or remove
the same within a period of not more than forty-five (45 )
days from the date of the Board's determination. If the
owner does not comply with the Board's ruling within such
period or within any extension: of such period as the Board
in its discretion, may grant, the Board may either remove the
non-oomplying improvement or remedy the non-compliance. The
costs of such action shall be assessed against the Owner as
Reimbursement Assessment
12 WAIVER:._ Approval of any plans, drawings or
specifications for any work proposed, or for any other matter
requiring approval, Shall not be deemed to constitute a
waiver of any right to deny approval of any similar` plan;
drawing, specification or matter subsequently submitted for
approval at any other time,
13. ESTOppEL,.. CERTIFICATE._ Within thifty (30) days
after+ d to the Architectural
committeetbynaty Ow d is delivered
to the Association
y Owner, and Upon p
of a reasonable fee (as fixed from gime to time by the
Association). The Architectural Committee shall record an
Estoppel certificate, executed by any two (2) Directors,
certifying that as r,f the date thereof, either: (a) the work
34
i
completed complies with this Declaration or (b) the work
completed does not comply.
In the latter situation, the
certii`icate shall also identify the particulars of the non-
compiiance: Any successor in interest of the Owner shall be
entitledto rely on the certificate with respect to the
matter set forth. The certificate shall be conclusive as
between the AssocatlaT1, Declarant, the owner, and such
persons deriving any interest through any of them.
14. LIABILITY_. if members of the Architectural
Committee and Directors have acted in good faith on the basis
of such information possessed by them; neither the
Architectural Committee„ the members thereof, nor any
Director or the Declarant shall be liable to the Association
or to any owner for any damage, loss or prejudice suffered or
34
claimed due to. (a) the approval or disapproval of a.ny
plans, drawings, and specifications, whether of not
def,-ctive (b) the con,struc'tion or performance of any work
whether or not pursuant to approved plans, drawings, and
specifications; (c) the issuance of any Estoppel certificate,
whether or not the facts therein are correct.
15. NON -APPLICABILITY TO DECLARANT: The provisions of
this Article shall not apply to any Lot owned by Declarant or
prior to his first conveyance of a Lot to an Owner.
ARTICLE XII
MISCI=LLANEOUS PROVISIONS
1 TERM, OF DEC:LARA'CION. This !Declaration shall
continue for a term of fifty ( 50 ) years from I'ts date of
recordation. Thereafter , this Declaration shall be
autOMati.callY oxtended for successive periods of ten (10)
years untia a vote of the owners determines that this
beclaraLion shall terminate
2. ENFORCEMENT AND NONWAIVER.
a, Right ot= Enforcement, Except, as otherwise
provided herein, Declarant and the _Association or any Owner
May enforce any and all of the provisions of this
Declaration, the bylaws, the Articles and the Association
Rales, including any decision made by the Association upon
the owners, the Association or upon any property in the
Subdivision. Failure by the Association, Declarant or any
Owner to enforce any covenants or restriction herein
contained shall in no event be deemed a waiver of the right
to de so thereafter
35
b. v*olationofLaw . Any violation of any state,
municipal or local law, ordinance or regulation pertaining to
the ownership, occupation or Use of any property within the
Subdivision is hereby declared to be a violation of this
Declaration and subject to any or all of the enforcement
procedures herein set forth.
C. Remedies Cumulative. Each remedy provided by,
this Declaration is cumulative and not exclusive.
d. Nonwaiver, The failure to enforce the
provisions of any covenants condition or restriction
contained in this Declaration shall not constitute a waiver
of any right to enforce any -,uch provisions or any other
provision of said Declaration.
3. CONSTRUCTION OF' P gVISIqNS.. The provisions of this
Declaration shall be liberally construed to effect its
purpose of creating a uniform plan for the development and
operation of a planned development project.
4. DECLARATION IS BINDING. This Declara"-.ion shall be
for the benefit of and be 'binding upon all owners, their
respective heirs, legacies, devisees, executors,
administrators, guardians conservators, successors,
purchasars, tenants, encumbrancers, donerso grantees,
mortgagees, lienors and assions.
5: SEVERABILITY'- OF -PROVISIONS The provisions hereon
shall be deemed independent and severable, and the invalidity
or unenforceability of any one provision shall not affect the
validity or enforceability of any other provislon hereof.
6, GENDER NUMBER AND CAPTIQNSi, As used herein, the
singular shall i )(-Ilude the plural and masculine pronouns
shall Include feminine pronouns, where appropriate, the
title and captionsof each paragraph hereof are not a part
thereof and shall not affect the construction or
interpretation of any part hereof,
74 ANTI.-DISCRIMNATIUN RESTRICTION No Owner shall
execute or cause to bo recorded any instrument whic-l", imposes
A restriction up0h the sale, leasing or occupancy of his Lot
on the basis or rates sex) color or creodi
8 i f_RELD.ISTRIBUTION .-Or- MANAGEMENT_ D09UMENTS Upon the
resale of any Lot by any Owners the Owner shall vipply to the
buyer of the Lot a copy of each of the 0�-oje, t Documents.
Owner shall disclose to any potential buyer the e4istence of
such docume, s prior to Any sale;
9. NUMBER__--..GENbEk,, The singular shall include the
36
plural and the plural the singu,'.ar unless the context
requires the contrary, and the masa line feminine and neuter
shall each include 'the masculine, feminine or neuter, as the
context requires,
10, EXHIBITS. Ail, exhibits attached to this
Declaration are incorporated by this reference as though
fully set forth herein.
11. CONFLLCT.� In event of a conflict, the
Provisions of this Declaratic.n shall prevail over the Bylaws
and the Association Rules:
IN WITNECS WHEREOF. . The undersigned has executed this
Declaration as of the �jate first above written:
DECLARANT;
FAIRWAY ESTATES, I14CORPORATED
A California Corporation
BY
E.H OCHINERO - PRESIDENT
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37
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