Architectural Guidelines - Accell Property Management, Inc.

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Emerald Ridge Homeowners Association
Accell Property Management, Inc
23046 Avenida de la Carlota, Ste 700
Laguna Hills, CA 92653
949.581.4988
ARCHITECTURAL
GUIDELINES
Table of Contents
Emerald Ridge Homeowners Association
Page 1 of 20
Part I - Overview
1 - Introduction
2 - The Community
Part II - General Submission Procedures and Requirements
1 - Incomplete Submissions
2 - Application
3 - Exhibits
4 - Meeting Times
5 - Security Deposit
6 - Forfeiture of the Security Deposit
7 - Abandoned Project
8 - Indemnification
9 - Process and Appeals
10 - Time Period
11 - Conditions of Approval
12 - Appeals
13 - Variances
14 – Disposition Flowchart
15 - Enforcement
16 - Notice of Non-Compliance
17 - Emergency Approval
18 - Right of Entry or Inspection
19 - Amendments
20 - Non-Liability
Part III - Architectural Guidelines
1 - Grading Standards
2 - Maximum Heights
3 - Minimum Setback and Projections
4 - Minimum Livable Area
5 - Lot Coverage
6 - Garages and Parking
7 - Windows and Doors
8 - Garage Doors
9 - Roof
10 - Lighting
11 - External Antennae, Satellite Dishes, and Solar Panels
12 - New Energy Technologies
13 - Sports Equipment or Apparatus
14 - Skylights
15 - Mechanical Equipment
16 - Chimneys
17 - Gutters and Downspouts
18 - Color
19 - Ornamental Metal
20 - Awnings
21 - Sundecks
Emerald Ridge Homeowners Association
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Table of Contents, cont'd.
Part IV - Landscape Design Guidelines
1 - Hardscape
2 - Driveways and Walkways
3 - Artificial and Natural Turf
4 - Fire Pits and Exterior Fireplaces
5 - Flagpoles and Banners
6 - Mailboxes
7 - Yard Art
8 - Trash Containers
9 - Fences
10 - Composting
11 - Planting Design Objectives
12 - Drought and Fire Design Objectives
13 - Irrigation Systems
Emerald Ridge Homeowners Association
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Part I – Overview
1- Introduction
The Emerald Ridge Homeowners Association (Emerald Ridge) has been charged with
the administration and enforcement of architectural control within the community by the
authority given to it in the Covenants, Conditions and Restrictions (CC&R’s) of Emerald
Ridge. The CC&R’s provide for an Architectural Review Committee (ARC) to be
appointed by the Board of Directors. This Committee has the authority to review and
approve or disapprove all plans and specifications submitted to it for any proposed
improvement as defined in Article VIII of the CC&R’s.
Approval by the Architectural Review Committee is for aesthetic, context, CC&R and
Guideline conformance purposes only. All necessary City building permits must be
obtained by the homeowner. All City regulations must be adhered to at all times. After
the ARC has approved the plans for the purposes stated above, you must contact your
local regulatory agencies and be sure that the plans are in compliance with all building
and zoning regulations currently in force. Any revisions required by the regulatory
agency must be resubmitted to the Architectural Review Committee for review.
In the event of a conflict between the provisions of these guidelines and any other
ordinance or regulation, the more restrictive requirements shall prevail. These guidelines
are primarily concerned with physical appearance and maintaining the harmony of the
community environment. It is the intent of these guidelines to direct design efforts
towards a homogeneous and quality response to the natural and as-built environments
which form the context of Emerald Ridge.
The CC&R’s also provide the authority for the Board of Directors to establish
Architectural Guidelines to be administered by the aforementioned Architectural
Committee or to amend or update the Guidelines.
The approval of any "change" or “improvement” by the Architectural Review Committee
does not waive the necessity of obtaining the required City permits or compliance with
governmental entity requirements. The Architectural Committee review does not
approve, nor does any approval given permit, the following: (1) the construction of any
Improvement which is located upon or interferes with any easement located on, in, under
or over an Owner’s Lot; (2) construction upon any property other than that of the
applicant Owner; (3) construction within the setback’s required by any state, county, city
or other municipality or the Association’s governing documents; (4) construction without
the necessary or required governmental permits or compliance with zoning and building
ordinances, applicable statutes, or requirements of public utilities.
2 - The Community
Emerald Ridge Homeowners Association is located in the city of Dana Point and is
governed by its zoning ordinances, building codes and planning regulations. Emerald
Ridge is unified by emphasizing a strong thematic landscape design in Common Area
parks and slopes and low profile architectural massing. Emerald Ridge promotes a
community character of understated coastal elegance and refinement. This hillside
Emerald Ridge Homeowners Association
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coastal community offers impressive views and unique privacy. Design solutions should
respect the context of the community, views and privacy of neighbors.
In the event plans and specifications submitted to the Design Review Committee are
disapproved, the Owner filing such Application may request the Board to reconsider the
Committee’s decision. The Board of Directors must receive the request not more than
30 days following the final decision of the Design Review Committee.
The failure to notify the Association in writing of any field changes, non-adherence to the
approved plans, or project completion shall be a violation. The Association is
empowered to issue a Cease and Desist/Stop Work Order to the Owner at any time.
Continuing work beyond the issuance of the Cease and Desist/Stop Work Order shall
subject the Owner to possible fines, and/or a court-issued temporary restraining order to
stop work, and all other legal remedies to which the Association may be entitled
pursuant to the Association’s governing documents and the laws of the State of
California. If a violation is determined to exist, the Association will seek to assess the
Owner for all costs to bring the Improvement into compliance.
The Association’s Common Area, including streets and walkways may not be obstructed
with objects and building materials that are hazardous to pedestrians, vehicles, etc.
Items such as, but not limited to, dumpsters, sand, and other building materials may not
be stored on streets, sidewalks or Common Area. Any damage to Common Area will be
replaced or repaired by an Association retained contractor. All applicable charges for
restorations will be charged back to the Owner and will be due and payable within 30
days from notification or assessment of penalties.
Any material, condition, architectural feature or other item not specifically described in
these Guidelines and Standards shall be a matter of judgment on the part of the
Architectural Review Committee taking into consideration all factors and information it
deems necessary or appropriate.
Please review the CC&Rs for general Use Restrictions. In the event of a conflict
between these Architectural Guidelines and the CC&Rs, the CC&Rs shall prevail.
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Part II - General Submission Procedures and Requirements
All applications are to be made to Accell Property Management, the managing agent for
Emerald Ridge Homeowners Association.
Accell Property Management
23046 Avenida de La Carlota, Suite 700
Laguna Hills, CA 92653
949.581.4988
Contact: Mia Anderson
Applications may be mailed to or delivered to Accell. All requests for Architectural
Review Committee approval must be made on the Emerald Ridge application form.
1 - Incomplete Submissions
To avoid unnecessary delays and expense, the Architectural Review Committee shall
not accept any incomplete submittal for consideration. Incomplete submittals shall be
returned to the applicant along with a copy of the checklist noting the areas of deficiency.
2 - Application
Obtain and complete applications which are available at the management company
office.
3 - Exhibits
The following exhibits are included in this packet for your convenience:
Approval Request
Neighbor Notification
ARC Process Flow Chart
Submittal Requirements
Application for View Maintenance Dispute Resolution
View Maintenance Policy
View Maintenance Process Flow Chart
Notice of Completion
4- Meeting Times
The Architectural Review Committee meets as needed. In order to be included on the
(ARC) agenda, you must have your submissions into the Accell office ten (10) working
days prior to the ARC meeting. Ten minutes shall be allocated for presentations to the
Committee. The applicant should submit all information requested on the Submittal
Requirements checklist and any additional information necessary to convey the design
intent. Until receipt by the Architectural Review Committee of all required documents
and plans, the Architectural Review Committee may postpone review of any submittal.
The Architectural Review Committee may also designate an ARC representative to take
any action or perform any duties for and on behalf of the ARC, except the granting of a
requested variance.
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5 – Security Deposit
A security deposit will be required upon application submittal. The deposit will be held
by Emerald Ridge and will be returned within 30 days after all work is installed according
to the approved plans and the Architectural Review Committee or Designee inspects the
property.
6 - Forfeiture of the Security Deposit
The following will result in forfeiture of the Security Deposit: (a) Failure to repair damage
to Association owned land or neighbor’s property or streets. In the event that damage is
caused to Association property, the Association may repair the property at issue and
withhold the cost of such repair from the Security Deposit. If the cost of the repair
exceeds the amount of the Security Deposit, then the Owner shall pay the balance within
fifteen (15) day of notification of payment due; or (b) failure to timely or fully complete
improvements. In the event that any Owner fails to timely or fully complete approved
improvements within a reasonable time, the Association may enter upon such Owners
Lot to address any unsanitary, unsightly, offensive or detrimental condition and deduct
the cost of such efforts from the Security Deposit.
7 - Abandoned Project
A project which is partially completed and stopped for any reason is subject to forfeiture
of the security deposit, unless the applicant contacts the Association and submits plans
for "standing still" on the property in order to protect the surrounding properties from
erosion or damage or unsightly conditions in accordance with the paragraph immediately
above. Such work shall begin immediately upon approval of plans by the Association.
This approval will be good for ninety (90) days; with extensions granted at the discretion
of the Association.
8 - Indemnification
Any work undertaken in the easements and common areas must be done with the full
approval of the Emerald Ridge Homeowners Association’s Board of Directors. The
Association will require that an indemnification and hold harmless agreement be signed
and notarized by the Owner(s) prior to final landscape submittals.
9 - Process and Appeals
All relevant items contained in the Submittal Requirements checklist must be completed
before the Architectural Review Committee will review the submittal. Approvals of the
Architectural Review Committee shall be final. Denials by the Architectural Review
Committee may be appealed to the Board of Directors, as set forth in Section 12 below.
Incomplete submissions shall not be approved.
10 - Time Period
Applicant must make a written request for an extension of the approval citing the
reasons for the delay and the approximate time for continuing the project. Extensions will
be granted for no more than ninety (90) days at the discretion of the Architectural
Review Committee.
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11 - Conditions of Approval
The Architectural Review Committee or the Board of Directors may place whatever
conditions of approval are deemed reasonable and necessary to maintain compliance
with the guidelines. It shall be the responsibility of the owner of the residence on which
the approval was granted to ensure these conditions are enforced.
12 – Appeals
In the event plans and specifications submitted to the Architectural Review Committee
are disapproved, the party or parties making such submission may appeal in writing to
the Board. The written request must be received by the Board not more than thirty (30)
days following the final decision of the Architectural Committee. The Board may submit
such request to the Architectural Review Committee for review, whose written
recommendation will be submitted, to the Board of Directors.
13 - Variances
A request for a variance may be considered provided the request meets the
requirements set forth in Article VIII, Section 8 of the CC&Rs.
14 – Disposition Flowchart
To better understand the design review process and an application’s disposition an
Architectural Review Process flowchart has been created and is available at the
Association’s management office. The flowchart summarizes the review process, but
does not supersede the provisions of these Guidelines or the CC&Rs.
15 - Enforcement
Failure to obtain the necessary approval from the Emerald Ridge Homeowners
Association for work begun or completed will constitute a violation of the Declaration of
Covenants, Conditions and Restrictions and may require modifications or removal of
work at the expense of the homeowner.
16 - Notice of Non-Compliance
Any changes to approved plans must be resubmitted to the Architectural Review
Committee. If, after plans and specifications have been approved, the plans and
specifications, or improvements, are altered, erected, or maintained upon the lot other
than as approved by the Committee, such alteration, erection, and maintenance shall be
deemed to have been undertaken without the approval of the Committee and shall be
unapproved. Upon determination of non-compliance, the Association’s Enforcement
Policies will be followed. The property owner may be charged a fee for changes or
revisions to projects undertaken without Committee approval which require or are
requested to have further review or expedited investigation. If during the course of
construction, the property owner requests a change, the Architectural Review Committee
or its professional designee may, after scheduled notice, review the intended work or
design in situ to assist in expediting the approval / construction. The property owner will
assume responsibility for expenses related to this expedited review per the association’s
fee schedule. Applications for expedited approval will be required and fees collected
prior to scheduling the review.
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17 – Emergency Approval
Emergency approval may be granted for applications related to the safety of people or
property, e.g. roofs and fences. This approval may only be provided by the ARC or its
professional design designee. Fees for expedited review, if any, will be the responsibility
of the property owner. Applications for emergency approval will be required.
18 - Right of Entry or Inspection
The Architectural Review Committee (or its representative(s)) may have scheduled
access to the property at reasonable hours with reasonable notice of at least 48 hours.
Inspections of in process or completed changes may be made by the Architectural
Review Committee or its representative(s) at any time, as outlined above, but only for
specific cause approved by the Board of Directors or Applicant. Effort will be made by
the Architectural Review Committee (or its representative(s)) to notify the homeowner
before entering the property at the scheduled time. The Association, during its design
review process may access public information, such as Virtual Earth™ or Google
Earth™, to assist in its evaluation. The Architectural Review Committee may require
surveyors to verify heights and grades; their access to the property may not be
unreasonably denied. If construction work requires the use of Association maintenance
areas such as slopes and open space areas for purposes of transporting labor and
materials, the applicant shall obtain written permission from the Emerald Ridge
Homeowners Association for the right of entry during the course of construction, and will
require the owner(s) to sign an indemnification and hold harmless agreement. A copy of
this agreement granting permission shall be filed with the Architectural Review
Committee prior to the commencement of construction.
19 - Amendments
The Board of Directors may at its discretion from time to time amend the design
guidelines for the purpose of more fully defining their original intent, in accordance with
the requirements of the California Civil Code and the Association’s governing
documents. Such amendments shall be published to the membership following their
adoption.
20 - Non-Liability
The Architectural Review Committee and the Board of Directors shall not be responsible
for reviewing, nor shall its approval of any plan or design be deemed an approval of any
plan or design from the standpoint of structural safety or conformity with building codes.
In addition, by approving such plans and specifications, neither the Committee, the
members thereof, the Association, the members of the Board of Directors, nor the
designated representatives assume liability or responsibility therefore, or for any defect
in any structure constructed from such plans and specifications.
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Part III - Architectural Guidelines
1 - Grading Standards
Grading will comply with the applicable City Ordinance and the following:
1. ARC approval is required before any clearing, grubbing, stripping and stock piling of
soil.
2. Excavation and compaction is to take place within the limits of the lot. Grading
across fence lines requires review and approval from adjoining homeowner(s).
3. No drainage over the slope or across adjacent lots will be allowed except through the
original easements.
4. Sheet flow drainage across sidewalks is not acceptable. Water flow from catch
basins and area drains must be conveyed through underground pipes and discharge
through a curb face as needed.
5. Any work that takes place within the common area must have full approval of the
ARC and indemnification of the Association for any slope failures.
6. Any common area landscaping destroyed by construction shall be replaced to the
satisfaction of the Association. If, after proper notification, the landscaping has not
been replaced, the Association will deduct the cost of replacement from the Security
Deposit.
7. Erosion control measures will be required during the rainy season to protect
association maintained slope areas, and adjacent homes.
8. Any revisions, modifications or alterations to existing drains and top-of -slope
contours, as originally installed, shall be subject to review by the Architectural
Review Committee.
9. If a grading project is stopped for any reason, the Association must be consulted
regarding the final disposition of the lot. No project will be allowed to remain in a
partially graded condition. The lot must be brought into a stable condition with
regards to excavation and drainage.
2 - Maximum Heights
Structures within the Emerald Ridge Homeowners Association are limited in height as
defined by Article IX, Section 20 of the CC&R’s and as repeated below:
Lots 13, 14, 16, 23, 29, 30-33, 47-49, 55-57 limited to 15 feet above the pad
Lots 1-12, 17-22, 24-28, 52-54, 58, 59, 64-76 limited to 17 feet above the pad
Lots 15, 45, 46, 50, 51 limited to 15 feet above the upper pad
Lot 36 limited to 26 feet above the pad
Lots 37, 60-63 limited to 17 feet above the upper pad
Lots 34, 35, 44 limited to 30 feet above the average curb height in front of the lot
Lots 38 to 43 limited to 50 feet above the average curb height in front of the lot
At least 50% of the roofed area of any construction on those Lots with height limits of 15
feet and 17 feet above the pad or top of pad shall not exceed 13 feet above the pad or
top pad.
Chimneys, railings, mechanical appurtenances, cupolas and other roof mounted
ornamentation, provided such are, in the sole opinion of the ARC, of normal size, height
Emerald Ridge Homeowners Association
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and distribution and in keeping with the maintenance of views, may rise above the
construction limits noted above.
3 - Minimum Setback and Projections
Minimum setbacks shall be as defined by City Ordinance. Setback is measured from the
property line or Public Right of Way (ROW). Where property lines are not clearly
distinguishable, survey monuments may be required. All plans shall indicate all existing
and proposed setbacks from property lines. No structure shall be placed in the Common
Slope area.
STRUCTURE
Standard
Maximum Lot Coverage:
Per Section 5 Below
Maximum Height:
Per Section 2 Above
Minimum Front Yard Building Setback - (1)
From Ultimate Public Street ROW line:
20 ft
Flag Lot (from connection with access extension):
10 ft
Minimum Side Yard Setback - (1)
Interior Side:
5 ft
Exterior Side:
10 ft
Flag Lot: (2)
5 ft
Minimum Rear Yard Setback - (1)
Standard Lot:
25 ft
Flag Lot and Cul-De-Sac Lot:
25 ft
Minimum Open Space (private):
30%
Minimum Landscape Coverage:
25%
Minimum Building Separation - (between primary and accessory
buildings on the same lot):
10 ft
Footnotes
(1) For existing lots less than fifty (50) feet wide and/or less than one hundred (100) feet
deep, see below for reduced front, side and rear building setbacks.
(2) If the side yard of a flag lot is adjacent to the rear yard of a residentially zoned lot, that
side yard setback shall be a minimum of ten (10) feet.
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The following provisions for shallow and narrow lots shall apply to Lots not conforming to City
Zoning Standards:
(a) When a building site has an average depth of one hundred (100) feet or less but
more than seventy-five (75) feet, any required front and rear building setbacks need
not be more than twenty (20) percent of such average depth; and when a building site
has an average depth of seventy-five (75) feet or less, any required front and rear
building line setbacks need not be more than fifteen (15) percent of such average
depth, but in no event shall any required front or rear building line setback be less than
the average distance of adjacent homes.
(b) When a building site has an average width of less than fifty (50) feet, any required
building setback from the interior side property lines need not be more than ten (10)
percent of such average width but in no event less than three (3) feet.
Maximum Projections into required yard areas shall be as defined by City Ordinance.
Setback is measured from the property line (PL) or Public Right of Way (ROW). Where
property lines are not clearly distinguishable, survey monuments may be required. All
plans shall indicate all existing and proposed setbacks from property lines. No structure
shall be placed in the Common Slope area.
Front
AUXILIARY Item
(a) Antennas
(b) Arch.
Projections:
(i.e., Cornices,
Eaves and Roof
Overhangs)
Rear
Side
Maximum Minimum Maximum
Maximum Maximum Projection Distance Projection
From
Above
Projection Projection Into Side
Height
Other
Into Front Into Rear Yard Area Property
Lines (B)
Limit
Limitations
Yard Area Yard Area
(A)
Not
Permitted
8′-0″ height
Not
limit
Permitted
1′-0″
Not
Permitted
(C)
2 max. (D)
2′-6″
2′-6″
2′-6″
2′-0″
Not
Permitted
None
(c) Awnings
4′-0″ (no
vertical
supports)
3′-0″
2′-6″
2′-0″
Not
Permitted
None
(d) Balconies
2′-6″
2′-6″
2′-6″
5′-0″
Not
Permitted
(E)
(e) Basement
(Below Grade)
Not
Permitted
Not
Permitted
Not
Permitted
N/A
N/A
None
(f) Bay Windows
2′-6″
2′-6″
2′-6″
3′-0″
N/A
(E)
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(g) Chimneys
(Maximum 7′
Width)
2′-0″
2′-0″
2′-0″
3′-0″
2′-0″ or
minimum
required by
code
(E)(F)(G)
(h) Decks/Patios
Less Than
30″ Above
Grade
To PL (H)
To PL (H)
To PL (H)
N/A
N/A
(I)
(i) Decks/Patios
30″+ Above
Grade (Not To
Exceed First
Story Or 7′-6″)
Not
Permitted
6′-0″
2′-6″
3′-0″
N/A
(I)(J)
(j) Detached
Accessory
Structures
Not
Permitted
To PL (K)
To PL (K)
None (K)
Not
Permitted
(L)(H)
(k) Flagpoles
Not
Permitted
5′-0″
2′-6″
5′-0″
N/A
(M)
(l) HVAC /
mechanical
equipment
Not
Permitted
3′-0″
2′-6″
2′0″
Not
permitted
(N)
6′-0″
15′-0″
2′-6″
Front 15′-0″
Not
permitted
(P)(O)
(m) Patio
Covers/Porch
or top of
slope
Side 3′-0″
Rear 10′-0″
(n) Planter Boxes
2′-0″
2′-0″
2′-6″
10′-0″
N/A
(P)(Q)
(o) Pool Equipment
Not
Permitted
N/A
N/A
5′-0″ (N)
N/A
(N)
(p) Porte Cochere
Not
Permitted
Not
permitted
None
(q) Exterior
Stairways and
Stairway
Landings
2′-6″
2′-6″
2′-6″
2′-6″ (R)
Not
permitted
(E)
(r) Swimming Pools
and Spas
Not
Permitted
N/A
N/A
3′-0″ (S)
N/A
None
(s) Fire Pits
Not
Permitted
N/A
3’-0”
N/A
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N/A
Footnotes
(A) On a corner lot, projections permitted in a front yard setback also apply to a street side
yard.
(B) In any instance where there is a conflict between the allowable maximum projection and
the minimum distance from property line (PL) standard, the minimum distance from property
line standard shall rule.
(C) FCC licensed amateur ham radio operators will be evaluated per applicable law
(D) For radio antennas only
(E) The total horizontal length of all projections (marked by this footnote) on a given
building elevation shall not exceed the maximum percentage of building elevation length as
specified below (building elevation length is measured at the first floor and not adjusted for
multiple storied buildings):
BUILDING ELEVATION:
Front
Side
Rear
MAXIMUM PERCENTAGE OF
BUILDING ELEVATION LENGTH:
60%
40%
80%
The above stated maximum percentages have been established as a measure to
control the overuse or abuse of the projection provisions in this Table. The maximum
percentages will help prevent aesthetically inappropriate architectural facades or features
that would pose a detriment to adjacent properties. At the discretion of the ARC, the total
length of all projections on a given elevation may be reduced to below the indicated
maximums in order to implement this intent.
(F) A maximum of two chimneys may project into required yards or above the height limit.
(G) Maximum horizontal dimension of three (3) feet when above the height limit.
(H) Provided district landscape requirements are met.
(I) No deck may be constructed so as to extend beyond the top of slope.
(J) Including deck railings or deck structures.
(K) Subject to the applicable provisions of the California Building Code and California Fire
Code.
(L) Fences, walls, and hedges are limited to a maximum height defined in the Association’s
Governing Documents
(M) Flagpoles may not exceed height limit of the individual Lot.
(N) Pool equipment may be placed adjacent to the rear or side property line subject to a
minor Site Development Permit which shall include, but not be limited to, an acoustics report
demonstrating compliance with the City’s Noise Ordinance.
(O) Maximum coverage: Thirty (30) percent of rear yard setback area.
(P) Including vertical supports and overhangs.
(Q) Only allowed on the 2nd floor as an extension of second floor framing; and may not
exceed three (3) feet in height.
(R) Only if the side yard setback is at a minimum five (5) feet wide.
(S) As measured from the edge of the water within the swimming pool or spa.
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4 - Mimimum Livable Area
The minimum livable area of all primary buildings shall be not less than 2,000 square
feet. Cellars, basements, patios, porches, and garages are not included in the minimum
livable area.
5 - Lot Coverage
Maximum lot coverage shall be 50% for Hillside Homes and 60% for all others as
defined by City Zoning Ordinance. Only enclosed structures or covered structures shall
be included in the calculation. Generous front yard setbacks and landscaping should be
considered. In evaluating applications which impact front yard landscaping, the ARC
will consider the context of the existing streetscape to evaluate the appropriateness of
the design application.
6 - Garages and Parking
The sensitive handling of garages and vehicle storage is important to the overall impact
of the community’s streetscape. The following guidelines in addition to those
requirements outlined in the Rules and Regulations and Article IX, Section 6 of the
CC&R’s shall apply.
1. Carports visible to the street are discouraged
2. No home shall have garages for more than 3 cars
3. Off-street parking is encouraged. Design of new homes or additions should take into
consideration the needed parking and storage to support the inhabitant’s needs
4. Stored vehicles must be screened from anywhere in the Properties and streets
7 - Windows and Doors
Applications should show the use of quality windows and doors. Reflective mirrored
glass, stained glass, aluminum foil, paper or similar materials are prohibited. Aluminum
clad wood, painted or stained wood, and vinyl windows are acceptable. Colors must be
coordinated with house colors. Partial replacement of doors and windows should not
create inconsistent design.
8 - Garage Doors
Doors should be of high quality and must be compatible in design and character to the
architecture of the home.
9 - Roof
Roofing material should be of a high quality and thick profile. Roof material must be
compatible in design and character to the architecture of the home. All flashing, sheet
metal, vent stacks and pipes must be colored to match the roof material they project
from or the wall that they attach to. Asphalt shingle roofing is prohibited.
10 - Lighting
No exterior lighting shall be placed or maintained upon any Lot so as to cause an
unreasonable glare or illumination upon any other Lot. Ornamental lighting shall be of
the low-level type, indirect and shielded to prevent glare and light pollution onto adjacent
property and streets. Front yard column / pole lighting is to be limited to three-foot
maximum height. Any exposed light sources or bulbs are prohibited. Holiday lighting will
be enforced per Emerald Ridge Rules and Regulations.
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11 - External Antennae, Satellite Dishes and Solar Panels
External antennae, satellite dishes and solar panels will be reviewed by the ARC in
compliance with applicable law and the following considerations:
1. Adjacent properties visibly affected
2. Landscape screening
3. Design aesthetics
12 – New Energy Technologies
New energy technologies will be evaluated on a case-by-case basis in compliance with
applicable law and with at least the minimum considerations outlined above.
13- Sports Equipment or Apparatus
Fixed or permanent sports equipment or apparatus shall not be approved for front yard
installation. All sports apparatus must be stored when not in use. Movable sports
equipment such as basketball hoops, pitch-backs, and hockey goals used in the front
yards may not be left overnight. Rear and sideyard sports equipment will be screened
from adjacent property at similar grade.
14 - Skylights
Skylights must be designed as an integral part of the roof. Skylight glazing shall be clear,
solar bronze, or gray only. Skylight framing material shall match the roof.
15 - Mechanical Equipment
Mechanical equipment (i.e. AC Units, pool pumps, etc.) is not allowed on roofs. Any
Mechanical equipment must be screened from visual and acoustical impact on
neighbors.
16 - Chimneys
Chimneys shall be constructed consistent with the architecture and using materials
found on the home. Exposed sheet metal flues are not allowed. Sheet metal flues must
be screened. Chimney heights shall not exceed the minimum height as required by local
building codes and/or the Association’s governing documents.
17 - Gutters and Downspouts
Exposed gutters, unless made of copper, shall be painted to coordinate with the surface
to which they are attached. Exposed downspouts, unless made of copper, shall be
colored to match the surface to which they are attached. Downspouts shall be directed
to appropriate drainage systems to avoid damage to adjacent properties or trail
easements.
18 – Color
Chromatically intense colors should not be considered.
Applications depicting
understated colors which fit the context of the streetscape and character of the
architecture should be submitted.
19 - Ornamental Metal
All ornamental wrought iron and tube steel shall be treated to prevent deterioration of
finish painting. Wrought iron or tube steel security bars covering the exterior of windows
are prohibited. Security bars if required may be applied inside the windows.
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20 - Awnings
Awnings, if used, must be of canvas and harmonious with the exterior color palette.
Metal awnings will be considered based on the architecture of the home or structure.
21 - Sundecks
Roof decks are prohibited. Patio decks extending into Common Slope areas are
prohibited.
Part IV - Landscape Design Guidelines
It is the intent of these guidelines to promote a community character of elegance and
refinement with an element reminiscent of California’s more established coastal
residential communities. The following information is intended to guide the homeowner
and their consultants in plan submittal and structuring of their individual landscape to
achieve these community goals.
1 - Hardscape
Hardscape includes all exterior paved surfaces such as steps, driveways, patios, decks,
and walkways, and shall comply with the following standards:
1. Excessive hardscape areas, including large expanses of paving such as driveways
should be divided with banding or sections of masonry or paved units, contrasting
concrete bands, or other appropriate means.
2. Access to allowable side yard storage is to be reinforced turf or a combination of
paving materials and ground cover to avoid excessive hardscape areas.
3. All hardscape materials should compliment the architectural design and surrounding
landscape.
4. Gravel in front yard areas is prohibited except as may be deemed appropriate by the
Architectural Committee.
5. AC (Asphalt) paving for any use is prohibited
2 - Driveways and Walkways
Driveways and walkways must conform to the regulations of the City of Dana Point.
Homeowners should use paved, scored, or textured concrete in combination to soften
the monolithic look of concrete driveways and walkways.
3 - Artificial and Natural Turf
Artificial turf will be reviewed based on the merits of the turf quality and overall design
placement in the landscape design. The extensive use or turf, artificial or natural, is
discouraged.
4 - Fire Pits and Exterior Fireplaces
Fire pits and fireplaces are to be set back the required distance as noted in the
“Minimum Setback” section of the Guideline. Fire pits and exterior fireplaces are to be
gas-burning only, and must comply with City code requirements.
5 - Flagpoles and Banners
Flagpoles and banners shall be approved by the committee with the following
considerations:
1. Placement in rear yards only.
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2. Placement in relation to adjacent properties.
3. Restriction on displayed material and use of pole.
6 - Mailboxes
Mailboxes shall be permanently mounted and designed to complement the home's
architecture. Standard tin boxes with metal poles are prohibited.
7 - Yard Art
Front yard art and statuary is discouraged and will be reviewed on a case-by-case basis.
8 - Trash Containers
As outlined in the Rules and Regulations, each owner shall take measures to screen
trash containers from view of both the street and neighbors.
9 – Fences
As outlined in Article IX, Section 13 of the CC&R’s all walls or fences originally installed
by the Developer will be permanently maintained by the Owners of the Lots on which
they are located, and all other walls or fences shall be maintained in good state of repair,
subject to approval of the ARC. No fences or walls shall be placed on those portions of
lots designated in Exhibit C of the Second Amendment to the CC&R’s except those
fences approved by the ARC and constructed as specified in Exhibit D of the Second
Amendment to the CC&R’s. All additional walls and/or fencing shall be compatible in
design and color to the architecture of the home. Minimal use of fences or walls should
be considered. Walls or fences which will abut any existing walls or fences shall not
exceed the established height of the existing walls or fences, except heights required by
building codes for protection of swimming pools or spas. Walls and fences must be
finished on both sides. All walls or fences facing a Slope Area shall be constructed on
the top of the slope on the Owner’s Lot.
Fence heights shall be as defined by City Ordinance and the Association’s governing
documents.
Reasonable temporary security fencing for vacant lots or construction sites shall be
exempt from this Section and may be placed in the required front yard to a maximum
height of six (6) feet subject to determination by the ARC.
Alternatives to the height limits for the placement of arbors, porticos, trellises or other
entry features within required yards may be granted subject to the approval of the ARC
10 - Composting
Composting areas must be placed away from adjacent homes and neighboring activity
areas.
11 - Planting Design Objectives
As outlined in Article IX, Section 9, no landscaping shall be planted which may
unreasonably interfere with the view from any adjacent or nearby Lot.
Relationship of the mature plant form and size to the scale of the home and adjacent
residences will be reviewed. Quantity of plant species to the scale of the Project will be
reviewed. A simple palette of plant materials, rather than a horticultural menagerie, will
serve to enhance an area design approach.
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The use of long-lived plants to form the major planted space will be sought. Trees and
shrubs must form the permanent visual enhancement with herbaceous and quick
growing plants forming only a small quantity of the plant palette.
Long-lived shrub-type and vining ground covers must be sought and spaced to form
complete covering of the soil when mature.
Short-lived or herbaceous plant materials are acceptable only in those areas used in a
temporary manner or specially placed accent in landscape. Short-lived shrubs and trees
may serve to quickly attain a mature form; slow-growing plant material is recommended
for a more permanent effect.
Close attention must be given to the use of plants in order to create a livable
environment for people. The potential of plants to perform screening; define spaces;
control erosion, glare, noise, and dust; climate control such as wind or temperature; and
accenting aesthetic landforms are but a few of the uses of plant materials considered for
review. Installation of the plant materials should be accomplished in such a manner that
potential maintenance problems are eliminated.
Planting along side yards should be vertical in form and placed to anticipate size at
maturity to avoid the potential intrusion into adjacent side yards.
Trees must be set back from the property line in accordance with their anticipated
growth; e.g., a tree of anticipated mature growth of fifteen feet should be set back seven
feet or more from the property.
Trees that are symmetrical in growth character may need more room to avoid any
pruning which would destroy the tree's natural symmetrical character and aesthetic
value.
The Association reserves the right to reject any plant materials deemed unsuitable by
the Architectural Committee.
Installed size of plants shall reflect their relative anticipated growth size. The use of
drought-tolerant plant materials is recommended. Any trees proposed should be
carefully studied for the potential view blockage and/or eventual pruning required.
12 - Drought and Fire Design Objectives
The design and installation of proposed landscape changes should comply with the
following standards and as defined by City Ordinance:
1. Landscape design shall include a selection of plant materials based upon their
adaptability to the climatic, geologic, and topographical conditions of the site. The
design should take into consideration the protection, preservation, and enhancement
of native species and natural areas.
2. Landscape design should consider the use of drought tolerant plant materials, drip
irrigation systems, the use of reclaimed water, and minimal use of turf (artificial and
natural).
3. Landscape design shall address fire protection requirements in areas that are fire
prone.
4. Landscape design shall provide for the grouping of plant materials having similar
water demands so as to facilitate appropriate and efficient water applications.
5. Landscape design shall illustrate a concern for aesthetic elements such as balance,
scale, texture, form, and unity.
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6. Landscape design shall address the functional aspects of landscaping such as
grading, drainage, minimal runoff, erosion prevention, wind barriers, provisions for
shade, and reduction of glare.
7. Landscape design shall demonstrate a concern for solar access including exposure
and shading of window areas.
8. Landscape design shall address the retention of existing mature landscaping that is
in good, healthful condition, incorporating such landscaping into the landscape plan
where feasible.
9. Landscape design shall provide for the planting of all unpaved areas with an
effective combination of trees, ground cover, turf, shrubbery, and/or approved dry
landscape materials.
10. Landscape design shall include provisions to protect plant materials from damage by
the encroachment or overhang of motor vehicles.
11. Landscape design shall facilitate the implementation of landscape maintenance
practices which foster long-term water conservation.
13 – Irrigation Systems
Irrigation systems are to be continually maintained. Water overspray and excessive
runoff beyond property lines is to be avoided.
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