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 Page 2 of 20 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 Page 3 of 20 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 Page 4 of 20 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. Emerald Ridge Homeowners Association Page 5 of 20 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. Emerald Ridge Homeowners Association Page 6 of 20 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. Emerald Ridge Homeowners Association Page 7 of 20 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. Emerald Ridge Homeowners Association Page 8 of 20 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. Emerald Ridge Homeowners Association Page 9 of 20 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 Page 10 of 20 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. Emerald Ridge Homeowners Association Page 11 of 20 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) Emerald Ridge Homeowners Association Page 12 of 20 (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 Emerald Ridge Homeowners Association Page 13 of 20 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. Emerald Ridge Homeowners Association Page 14 of 20 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. Emerald Ridge Homeowners Association Page 15 of 20 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. Emerald Ridge Homeowners Association Page 16 of 20 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. Emerald Ridge Homeowners Association Page 17 of 20 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. Emerald Ridge Homeowners Association Page 18 of 20 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. Emerald Ridge Homeowners Association Page 19 of 20 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. Emerald Ridge Homeowners Association Page 20 of 20