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TRACT 10814_ BIG CANYON AREA
11111111 lill 11111111111111111111111111 ICI 1111111 *NEW FILE* Tract 10814 CITY OF NEWPORT BEACH - M E M 0 - October 14, 1988 TO: File FROM: Bill Luttrell, Associate Planner SUBJECT: Park Dedication fees for Mouth of Big Canyon In accordance with the Dedication and Park Credit Agreement entered into by the Irvine Company and the City of Newport Beach, the Irvine Company shall receive credit for the dedication of 5.0 acres. Park credits have been allocated to Tract No. 10814 and Tract No. 12105. All figures are based on the 1985 total cost per acre of $446,997.00 and the 1985 total cost per unit of $5,028.84. Park credits that have been allocated to date are 1.12 acres with 3.88iacres remaining. Calculations: Tract No. 10814 (Big Canyon Area 10): 21 units x $5,028.84 cost per unit — $105,605.64 total cost $105,605.64 total cost a $446,997 cost per acre e 0.24 ac. Tract No. 12105 (Big Canyon Area 16): 78 units x $5,028.84 cost per unit a $392,249.52 total cost $392,249.52 total cost -. $446,997.00 cost per acre > 0.88 so. 0.24 acres allocated 5.00 acres park credit granted Tr. 10814 + 0.88 acres allocated - 1_12 Tr. 12105 1.12 3.88 total acres remaining Tract No. 11937 (Villa Point Apartments) is being granted a credit of 1.73 acres which is based on the February, 1988 Park Dedication fee of $6,894.37 per unit and $612,833.00 cost per acre. Total availabi! credits remaining will be 2,15 acres. Tract No. 11937 (Villa Point Apartments) 154 units x 6,894.37 e $1,061,732.98 total cost $1.061,732.98 1 $612,833.00 m 1.73 ac. 3,88 acres remaining park credit 1.73 acres allocated 2.15 acres remaining park credit for Mouth of Big Canyon r Bill utt ell BL:11 10 CITY OF NEW PORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (714) 644-3200 March 14, 1985 Kathi Abramson The Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 Dear Ms. Abramson: Attached for your review is an official list of the addresses assigned for Tract 10814. LOT. NO. ADDRESSES 1 32 Canyon Fairway Drive 2 30 Canyon Fairway Drive 3 28 Canyon Fairway Drive 4 26 Canyon Fairway Drive 5 24 Canyon Fairway Drive 6 22 Canyon Fairway Drive 7 20 Canyon Fairway Drive 8 18 Canyon Fairway Drive 9 16 Canyon Fairway Drive 10 14 Canyon Fairway Drive 11 12 Canyon Fairway Drive 12 10 Canyon Fairway Drive 13 8 Canyon Fairway Drive 14 6 Canyon Fairway Drive 15 4 Canyon Fairway Drive 16 2 Canyon Fairway Drive 17 1 Canyon Court 18 3 Canyon Court / 19 5 Canyon Court 20 7 Canyon Court 21 9 Canyon Court If you have any questions regarding the addresses assigned, please contact me 644-3200. Very truly yours, PLANNING DEPARTMENT JAMES D. HEWICKER, Director Tracy'E. Williams Associate Planner TEW:la TRACY 3300 Newport Boulevard, Newport Beach �# THE IRVINE 4PAW 550 Newport Center Drive, P.O. Box I Newport Beach, California 92660.0015 (714) 720.2000 February 8, 1985 Ms. Tracy Williams The City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, California 92663-3884 Re: Street addresses for Big Canyon 10814 Dear Tracy: Per our phone converation of 2-5-85, I have enclosed a copy of the letter issued by VTN Consolidated, Inc., that gives the street addresses for Big Canyon. As you will note, the list was provided by The City of Newport Beach to them. If The City has issued an Official list of the street addresses, may we please have a copy of it for our escrow process? Any assistance you can give in this matter is appreciated, as our escrow company is awaiting an answer from us. If you need further information, please call me at (714) 720-2014. incerely, Kathi Abramson Marketing, Sales and Business Operations Group Community Development Division enclosure i' V aim ') VTN CONSOLIDATED, INC. 2301 Campus Drive Post Office Box C•19529 Lvine, California 92713 June 6, 1984 The Irvine Company PO Box I Newport Beach, CA 92660 Telephone: (714) $51.5200 Telex: 663492 (PIN' CORP 1RIA) r,EC.L�! s'L-'1) JAN SHC C COMPANY Dear Bernard, Following is a list of street addresses for Tract 10814: Lot No. Street Address T — 32 Canyon Fairway Dr 2 30 Canyon Fairway Dr 3 28 Canyon Fairway Dr 4 26 Canyon Fairway Dr 5 24 Canyon Fairway Dr 6 22 Canyon Fairway Dr 7 20 Canyon Fairway Dr 8 18 Canyon Fairway Dr 9 16 Canyon Fairway Dr 10 14 Canyon Fairway Dr 11 12 Canyon Fairway Dr 12 10 Canyon Fairway Dr 13 8 Canyon Fairway Dr 14 6 Canyon Fairway Dr 15 4 Canyon Fairway Dr 16 2 Canyon Fairway Dr 17 1 Canyon Court 18 3 Canyon Court 19 5 Canyon Court 20 7 Canyon Court 21 9 Canyon Court These addresses were provided by the City'of Newport Beach. Sincerely, VTN COIOLIDATED, George GRS/cb ♦ ,uL.ynn„ of \l \ ovtvn.n, .u' KnOneer, Architect. Planner, Sunryors F.nwrrnmrmn! 5urntM, A �•c,:. "�ov„ 1 il�t!rP�Atd'r�71"1r �ISy.t •(k `!:1�T,41:,�r i'—)-n FJ! !!'a+ } Construction klenager, OPT i I I INITIAL STUDY REVISED TENTATIVE TRACT MAP Mg CAN OK AR- Q 100 City -of Newport Beach I 11 pb' t INITIAL STUDY FOR BIG CANYON PLANNED COMMUNITY AREA 10 ' TENTATIVE TRACT MAP r Prepared for: CITY OF NEWPORT BEACH 'PLANNING DEPARTMENT P.O. Box 1768 Newport Beach, California 92663-3884 (714) 640-2197 11 Prepared by: PHILLIPS BRANDT REDDICK 18012 Sky Park Circle Irvine, California 92714 (714) 641-8820 October 1983 TABLE OF CONTENTS Section Title Page I. PROJECT DESCRIPTION A. INTRODUCTION 1 B. LOCATION 1 C. PROJECT CHARACTERISTICS 2 D. PERMITS REQUIRED 3 II. EXISTING CONDITIONS, IMPACTS AND MITIGATION MEASURES A. LANDFORM/GEOLOGY/SOILS 4' B. HYDROLOGY 9 C. BIOLOGICAL RESOURCES 11 D. CULTURAL RESOURCES 12 E. LAND USE AND LAND USE REGULATIONS 14 F. TRANSPORTATION AND CIRCULATION 17 G. AIR QUALITY 18 H. ACOUSTIC ENVIRONMENT 19 I. PUBLIC SERVICES 21 J. OPEN SPACE AND AESTHETICS 23 III. ORGANIZATIONS AND PERSONS CONSULTED 24 IV. REFERENCES 25 V. APPENDICES (Bound under separate cover) LIST OF EXHIBITS Exhibit No. Title Following Page No. 1 Regional Location 1 2 Vicinity Map 1 3 Original Tentative Tract Map 2 4 Revised Tentative Tract Map 2 5 Slope Stability Cross -Sections 5 6 Traffic Noise 65 CNEL Contour 20 AI. PROJECT DESCRIPTION A. INTRODUCTION This Initial Study has been prepared in accordance with the California Environmental Quality Act (CEQA), the State Guidelines for Implementing CEQA, and the City of Newport Beach Policy K3. The study's purpose is to enable the City of Newport Beach to determine whether revisions to the tentative tract map for Area 10 of the Big Canyon Planned Community District will result in a significant effect on the environment. Previous environmental documentation was prepared in 1980 for the study area 1 Entitled Draft Environmental Impact Report (EIR)_- City of Newport Beach Condominium Use Permit, Tentative Tract 10814 and Zoning Change for Big Canyon Area 10, this EIR contains detailed baseline environmental in- formation and impact analyses associated with an approved tentative tract map for 32 condominum units. The proposed revisions to the tentative tract map primarily involve physical design criteria and grading modifica- tions and, as such, will not alter many of the potential environmental impacts associated with the original project proposal. A majority of the information contained within the EIR is applicable to the revised tenta- tive tract map. In the discussion of specific environmental issues which follows in Section I.C. - EXISTING CONDITIONS, IMPACTS AND MITIGATION MEASURES, the reader is referred to the EIR for a detailed discussion of those environmental issues not affected by the proposed revisions. In the case where potential impacts are different from those noted in the EIR, a complete analysis of the relevant subject is provided. B. LOCATION The Big Canyon Planned Community District (BCPCD) is located within the City of Newport Beach approximately 3.5 miles south of the San Diego Freeway (I-405) and 2 miles north of Coast Highway (see Exhibit 1). BCPCD I i This document is available for public review at the City of Newport Beach, City Hall - Planning Department, 3300 Newport Boulevard, Newport Beach, CA. 92660. los angeles county 1•. i—••—•• ••—••� san bernardino county � arwr.a. Fw r� .� Anaheim I Orange Gordon Drew t `.,� 9 riverside county • Santa Tustin s� Ana 8.n \, N.na,n •. Be� Eton eta Irvine / Newport , Site. �\ Beach a7 L i pacific ocean na ;./ Lagu Beach y3. San Juan �•• Capistrano I San Clemente san diego county REGIONAL LOCATIONma CAMY(DIM AREA T _ THE IRVINE COMPANY EXHISit 1 fir+ r _ • _• _ - , •I_ a ■ 1$; 'w San. 3_Diegof:/ .:..�� --------------------- y- ----- ----. . p�.;,.,� ,��-�. ,� � •._-- ., � � ., _�. i -dreg �r '�' "• �Y*S a •a4d� "^1.,1 I'y _ i,.• ell I l '?, . • 'pl I"'.) "•it:y • i�,I a� .',•ram♦ rn.�•1,111u1•_su/A Lag' ro.• - _ I, i••( Ir I ` ins,:•14 / A: i a �..- 'I1 0.:"S(� `4ti 1 h .'�+ 1 •` AIRP0 �' ♦ �l / .S , : l =.. Ei, c:. _ x) C �.Y'°.�h"-!' .�"", ry • `dill 1�,✓',,..� _"• i � - • \ • `- / v u ! .:r.i T.6:o•'.en.drr, ..Y° ' '".y h, •.-!! / �/ �� �tt<• „♦ a' ♦ r _. h. y, r J s ecLxtr i�laagiwxo) ,?tVINE, - _I• •Ta' Yam! � '•"}ryy' ' � ftt!` �'•.,r"'�' s� � \/ {1 ,... _"�'-.. �COSTI1irHa! Y•; �y`Ci;T•.,;:�`r����.`;,.�,�` (,�•: -; • �/ .I •., (. r. 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' � I� r` - ' a ,: w+ r •.�, >S. • •+ Cd" �: r.' j 1�,.'' `'' _ • • `ci,^'.4 _,-..,w.;w..' r I' :"•IawC��^l"+`i;;��`+„oumK;l^�jiy' ���t;,�».', ,_:;:'; 00 �' j ICY ,�g� a r p� ^°=-�'...:�•'/ sa \ �� �+ ::\'. <':�.: y K+.a-s?.••. .:.i _ _'�.•-, �('r • f w �, ». • I \ j.s'�;"ry;�' /�• - _i• '' �'0 Al Gi. / " '�: F.t i i1\ ,/ r • ^" ::• ti �ti:+Cfec.'�f!'`r'fl'., I,,.amu`; R. °»I c'('r ,.f-^t :+.(.• a +: -�•'�C,.. �(� sr ,. _. III ' CE .,1S:+,r: Jt• I �".'^' • .l-, r i .\ 1 �. `ramp•-•. :'° - ".ry•• _ r?d r .:CGB;p 9E 1• NEW T� >y` �`".i'�- , Y - •'. '- y:, x ppppj�; , �- 1>� •{�.'��.,}�/,^��I•,.,�•_ko+�> ;'.='�P M;��t';'} r�,.,• _'' _ �' r. __ L/,?..s•.,'`a +: a, �:+aaror„w"� iNrr. .r�j; ��\ "itf i _.;.. :r-. .:fie...._ •'r � - � t• I T + ) •� a.,Mmr;<.-^:.,.i;�i +.` ���� '�S • •,i' �*+`::• r'+°�' m*'x.aw., i�._•1--",, xk-1 '7 i,..7c%', O ..,)'x�.t `� .aj 11f � \1' ICI,. "..?. :.c �.,.1-a ; m1 .•,5.•^ .'t '�i " :, idr�C ` ..'17���8: 'i1�Q�! :�. ' N. ' `t(� ' I. .s, G.a+,,.1 ?"�la nl,�w'M1M1'" 3' 'f";.t t,• y _ \.�u i=,^" )ii�•.. •.,'; 'I "r �'"'S j'//' e .irf f+ yq^�.,�J"ly�, � i k �!n4 �i..q :�(\`S•e:3 .� 7 1�Mi,�..e ua%`. �: ,i,,.,f`•: 'wao., .. `•ti.+ %;{,il'S'iio' ' "'>,./� I 1 'J,M'7't "Y k. ` i�,,',�x,� R;>',•T's •.� r {-�,o�i.'' _ .''+,1 ../' `6v1fY..•i,+.f,:1 aOleox e�t'i'.. AY kt,k ^ .,±'"'r•' w`•�.'[t` P9H'C'ESCrR'' I. 3 6 Acy ��YAY,n 'i»..>- 6 tct i'�'����Jr �f��j. Y� ^ ��^�=•a-_x� � _r-�-__• VICINITY MAP w�;n5 I �C� C�al��0o [ Qn 100 .. THE IRVINE COMPANY EXHIBIT 2 is bordered by Jamboree Road on the west, San Joaquin Hills Road on the ! south, MacArthur Boulevard on the east, and Ford Road on the north. The study area is designated Area 10 within BCPCD. The study area lies adjacent to San Joaquin Hills Road between the east and west entrances of Big Canyon Drive. The site is bordered on the north by the Big Canyon Country Club golf course. Exhibit 2 locates the study area in a local context. JC. PROJECT CHARACTERISTICS The original tentative tract map, as shown in Exhibit 3, subdivided Area 10 into three lots with a total buildable acreage of 11.57 acres. Included in the original project proposal were 30 condominium units in attached duplex structures and two detached, condominium units, a recrea- tion area with a common -use pool and cabana, and open spaces. Access to the project was planned from both Big Canyon gate areas at San Joaquin Hills Road. The average street width proposed was approximately 32 feet with a five-foot sidewalk running the length of the street on the north side. Grading for the site involved the correction of geologic con- straints, the creation of split-level 'building pads and associated con- toured slopes, and the construction of retaining walls as indicated on the original tentative tract map. Much of the rough grading associated with the original tract map was completed in 1981 (see Section II.A. LANDFORM/ GEOLOGY/SOILS). The revised tentative tract map, as shown in Exhibit 4, subdivides Area 10 into 22 lots with a total buildable acreage of 10.7 acres. Of these lots, 21 will be sold separately for the construction of custom single-family detached residential dwelling units and one lot will be used for a recrea- tion area. The onsite road alignment, development area, and open space areas proposed in the revised version are almost identical to those pro- posed on the original tentative tract map. Roadway design variations on the revised tentative tract map include elimination of three of the traffic islands originally proposed and redesign of a fourth island; reducing the length of "B" Drive and adding a private drive which extends from "B" Drive; and widening the west entrance off Big Canyon Drive from L tuume LMEJ L¢. U'C u T 2 m w,o Ls: Lces�mrrn tztn•.sarrnE w) �1'imures ro et wrxS6�o svnrtnt�r' o•Ce W: [an'[rbrbN eri.^e t ecaen celaeE er: arYor rn�r.�c t G EK WwL:, br, SGvfetrtn CAn11S6.607 z eu�nue CmCevr sovmacn aura-,r`r•asan oynrvn- C.'AOAtO w IM a k tCLYM D A P .-iozrto+rce wm Garr c reurcTr SfMr)+eD"-MO CrGJT=vw".. D tor n0 f TO OCN' TtR[D nORnT>S' feNO= LOr w i0 EC/'D]nFLG rIXaCOfL r i .41 F ��•• •• �� LJLLU�.�`��l:.J{IV IJ W 17 V��U J. (` l � �!) / I En6ln�lc9-nI,L11R � PLnnnEJt9 wueA � SJ.50re6 a M^II . I, — 4 SMOGO— ccvnK � SW � Ui/�Pnw m M-... •n �u.o -e onwe GL't (rn,vwre> roam Moe moj=T e y zcnn- CITY OF NEWPORT BEACH 'k, j r v -. 1 7r-, -I IF R Doom ao 1 SCI LE In FEET m O^ Lom 3 ma OP/✓r4t5 wz. THE IRVINE COMPANY "0 lleu tT ctmm Dwr nEUFORT DEnGn, CALIPO"EA MAP -EXHBIT 3 _YlIYR11GiD _ I S9CfYfB LMO IC W'C/V!i 2:SIWGU FAMILY �- DETACHED RENL SINGLE FAMILY DETACHED RE90ENIIAL 3lIiIRS W EC RtDCliK31D S 1LVCAiDYTt tlY' QLYQ IGILkI Cl/OI YM1LA,p1 coR 7m r, rRuv�. wroa a NET DYILIMbLE AREA TC1eL AAEA _IL2/OY5 MIN.s S.CPE5 Ca2..iER iM.iN 1 ! 2e KS TAEE Sbt.lt C:EDrOCXu 19I6 eV"' IS NEi DYRWDLC AREM1-__TZTAT6 ,/ I Y - - LL //(F-A • ��'nn {map � l��'l • M1�\� ; )(�. C\ - !-:JVi O UV z- Jo L=G [BOO I- ��_ �' �-'fly �erea+tr',��r � m! \ � -�� l I • �.,, �,,, � .�—_ lw� 2 � ��_.L+)�__' - '_`_^ _ - T _ �-'_'._-/jam -_"_—• -. _ .---� \ r�"'�� -a�iy�r Yi -if!_ '_•__ ••'�i.-_' �- �r�=_LY ���_�—off \� ` !?�� 8» per. --..,_ '— - �? — ' s � ' - row_ -,.^' � � .� ( 9■ ••��'-__-'_ -'ice +cKss�"a--- _SS -��_ y;�� 7�i '�'"'K w. !`�+:_�-"s�'I '�`;Z� - � F I�' e /'- � / { 1•YPICAL DYILOING tNVELOYt YLAi. t / " I - MVN WIIDIND SErpe 1 Z n !RYA K'ti' ^¢D"`¢y+".VE. I .bQ•Yy y-'-r#ry LEV 4 �avNwa _f 'R�•'� '�'_ R•_ In" ��� �U St^ C •' M yRMs I Of' IOR11�1C Gr _s r R E E r— � crTs games aEalvrearl. LMNG DN3B�9We Q�iagantinTC�. A)�vw rt) -NEWPORT -BEACH MAP •_ _ ROAD VI1.WIIIILLOY 1N1L51i- /a DEW Er_ 14%! ml CAMM LMIVe X'm CNaaLrIU REVESED O yasl-sz9D OEM/ ° THE imnmE COMRANY • fItUF i OCUTM awe fiWR7lcT EfKI) (iAtl(iORHU (llt)Gtt•3011 U L'-�Lt U b%lrj V iS 1 D° `V' ir nc)❑ Llt i EkHBIT 4 I 28 feet to approximately 34 feet. Other features such as average street width, sidewalk design and the design of the east entrance off Big Canyon Drive remain as originally proposed. The grading modifications associated with the revised tentative tract map primarily involves the addition of fill material to existing split-level building pads. This fill will be used to create engineered slopes which are to be installed in place of the originally proposed retaining walls. ID. PERMITS REQUIRED I I I I Subsequent to tentative tract map approval, grading and building permits are required. These permits will be issued by the City. -- 3 aII. EXISTING•CONDITIONS, IMPACTS AND MITIGATION MEASURES A. LANDFORM/GEOLOGY/SOILS In May 1983, Leighton and Associates conducted a geotechnical review of the revised tentative tract map for the project site. Leighton and Associates also conducted the previous geotechnical investigations which addressed the original project proposal. The May 1983 report, which includes specific recommendations for completing the proposed grading, is presented in its entirety in Appendix C and is summarized below. IExisting Environmental Conditions The project site has been subject to grading on a number of occasions over • the last few years. The recent history of grading at the project site began with the removal and recompaction of recent and ancient landslide material during the rough grading conducted in 1981. A recent landslide was removed from the central portion of the site and replaced with an engineered fill. In addition, a smaller ancient slide located immediately to the east of the large slide was also removed and replaced with engi- neered fill. Prior to placement of fill, an elaborate subdrain system was installed to drain subsurface water which seeped continuously from the backslope of the excavation. This subdrain continues to function at a relatively small rate of flow. During the excavation and recompaction phase of this grading, ground move- ment devices were installed and monitored in the vicinity of San Joaquin Hills Road and the exposed backcut in the bedrock to ensure that there would be no hazard to San Joaquin Hills road due to excavations for the removal of the slide material. The measurements showed that San Joaquin Hills Road had not undergone any distress, and that the unsuitable mater- ials were removed and recompacted safely. Since grading was completed, the ground movement devices have been monitored on a quarterly basis, by the geotechnical engineers. There have been no indications of distress in the stablization fill slope located below San Joaquin Hills Road. In late 1982, a winterization program was implemented on the newly graded slopes. This program included such measures as installing a non- 4 1' 1 engineered fill slope (for temporary erosion control purposes), regrading existing lot pads to drain water to new storm drain devices, connecting subdrain outlets to terrace drains and cleaning the openings of buried subdrain outlets, repair of erosion gullies, and installing a yard drain system to drain water ponding in individual lot pads. The winterization measures protected the site from damage by heavy rainfall during the 1982-1983 winter season. Erosion control also was aided by a healthy plant growth during this period. A hold -harmless agreement by the applicant was required by the City as a condition of approval for the original tentative tract map (Condition No. 1 56). The agreement was intended to protect the City from the possibility that the repair of a previous slide condition might affect City property, especially San Joaquin Hills Road. During grading conducted subsequent to the approval of the original tentative tract map, the slide was entirely removed and an engineered replacement fill was installed which provides an adequate safety factor for permanent slope stability.. The project appli- cant has requested that, given the geologic stability of site as identi- fied by the project geologic consultant, the hold -harmless agreement be deleted from the conditions of approval for the revised tentative tract map (see Appendix B). Environmental Impacts The building pads proposed for the original tentative tract map were designed to be split pads with retaining walls between pad levels of different elevation. The revised tentative tract map proposes Lots 4 through 11, 17 through 20 and 22 to be redesigned as single -level pads. The remaining lots will exist as split pads, but the originally proposed retaining walls are replaced with 2:1 engineered fill slopes. 1 The provision of single -level pads will be accomplished primarily by an addition of fill to the lower (rear) levels of most pads. It was thought that the weight of the additional fill could decrease the stability of the fill slope fronting on the golf course. -- - 5 -NET-5Un=VQ5LE, EA I L%ISrmei LN IS[. UAC 1T TOTALAMEA_____IG2 -1 M�QO:ED L/V1D tom: RL'40QiTW. 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EY.CEEDMK* 5 FT IN V_Rr L tEritlT TO OE ANINTAINE7 6Y tO.l`Ox^:Eu ASS'rGATg11 - .H _ LAND USE TADUI TION- IDi1ND RESOEVMSEXI£ F.Ly ITR rr RE 'All" ARFA Or 'A OPEN S4lL 03 'C' OPEN S^ACE Z5 D O^EN YAOE QL?a6S 5'PEDK5) 0.5 v • r M'� PI[IVATE SiRCErS Tµ t / ��� ��•` __ ' _ ;E`er � "•'.` r� ra.,.o_ it �,i� •6[pT>�O. .'_in (fxe zi. , 1��L Nr •• \4 SAN JOAC3 IN HIL' TID" i BAFE 7M.T(0)R' L �--1 � :i f'� _ __ Z`� • _ � � illy/' / • ""'"'+a•r., _ -r �-__ � % - "``__ t� � ,yew// >� '-a�iJ�y. _'�+�. --�' o. � t">- �/$' � - •P•�-,,y`.: \�`�', "�_�- ,�x ,� '///YJ� -�_� � •_ __- • _ I � •"' f `C:;_?'s. •fir%-'- % 1 ' ti �/�/ "v qPe I y.." - -t:�c+� _ � 'y I � • m 1-= 2 -�% �..�'��� '� > •\CL 'SCALE IN PEFS 2.1 • • \�• i 11 ire. ' � - • , ,. "mil. �. - — TYPICAL 6uILDIN 9 _ � AWN WUDu+v SF]DrLKS ' _ �' rQ'RMTYIN3r r5IT M'4W:lN �. naA fnour eR�.r. v UN _ I %AN6>S YAN NSA SRACyrFIN � •7l:r!J:S... .. OLVE MAv Y IOGrJ' Sfr IX vfr fPOM rxNr rz�att lwE• I 1•MAY Iti. XL2',�S:fNDH c rO efr TRciim �.r� rnowxry DNE ,� — y..µ pe sr_mva-afrwRa: fnD+ sl 'I SIY MOA'J.YYATJ P,L .RY Wl' L e .S��q• ru 1[Ya� _ S 32Efgh D SMOM1'T�, Q RJRTIOIf'9 Q I j -- ', 'sa7cs x w'ATw ss a mE rmres su orve�ot+. --_ � „E, b DIRIVe. . � �YAIfiY aF O.NfL9e. SWE Gi` CNravtU., rn Tid:— - IMivnre) ",SAFETY _FACTOR CROSS -SECTIONS � THE NEJ COOM EIR PANGYEQ 1O TXEEr UICIi'IITY M/�P I.� { I•nPcallrras� rLntlnEx_ THE IFMNE C13MPANYJ $ E 65O rituroriDE QttRR DICIVE 6 TRc)r.tt pC/•flt GAI.Ir'ORt11A (llt)Gtt•3011 � D A\C HLO "� O EXHIBIT 5 1' To evaluate the impact of the additional fill, slope stability analyses were performed on six different cross -sections of the project site. The results of the analyses indicated that the slopes with the proposed new fill configuration have a safety factor of greater than the required 1.5 (gross stability). A safety factor of 1.5 provides an ample margin of error (i.e., actual slope failure occurs at 1.0). Exhibit 5 delineates the location of the cross -sections and notes the corresponding safety factor calculated for each cross section. Details of the stability analysis are included in Appendix C. Previously proposed retaining walls at the Recreation Site (Lot 22) and across from Lot 5 are proposed to be replaced by engineered fill slopes. No adverse geotechnical impacts are expected to result. A non -engineered fill slope was placed at the Recreation Site as a winterization measure and a non -engineered fill was placed across from Lot 5. Both of these noncompacted fills will need to be replaced by engineered fills during precise grading. The revised tentative tract map includes the lower fill slopes, located above the terrace drain, to be within the boundaries of the lots to be sold. This could have a geotechnical impact if maintenance of the slope becomes the responsiblity of the individual homeowner. The original tentative tract map required a sanitary sewer line to be constructed along "A" Drive at a depth of as much as 20 feet below the ground surface elevation. This design could have produced a temporary stability problem for the upper slopes adjacent to San Joauin Hills Road. The revised tentative tract map design eliminates the need for a deep sanitary sewer line, thereby eliminating this potential impact. The grading associated with the revised tentative tract map will require 1 importing materials for the additional fill. If the import consists of granular soils, surface water would percolate down through the new fill and be "trapped" above the relatively impermeable existing soils. This condition may be detrimental to the gross and surficial stability of the adjacent slope facing the golf course. 6 - 11 Due to possible saturation of the near surface zone in the previously graded areas, there is a potential for time -dependent settlements from the proposed fill loading. City Policies and Requirements A. Development of the site shall, be subject to a grading permit approved by the Building and Planning Departments. B. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from 1 silt, debris, and other water pollutants. C. The grading permit shall include a description of haul routes, access points to the site, and watering and sweeping programs designed to minimize impacts of haul operation. D. An erosion, siltation, and dust control plan shall be prepared by a civil engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheet shall be furnished to the Building Department. E. Prior to issuance of building permits, a specific soils and foundation study will be prepared. F. All buildings will conform to the Uniform Building Code (UBC) and ,City seismic design standards. Mitigation Measures 1. Prior to the commencement, of grading operations, all vegetaton in areas to be graded shall be, cleared and disposed of, offsite, and all loose surficial materials shall be removed and recompacted. Al area to be filled shall be scarified and/or overexcavated, moisture -condi- tioned and recompacted to at least 90% percent relative compaction I prior to fill placement. New fill shall be placed in thin lifts and benching into existing fill or bedrock material shall be performed where the fill material is placed against an existing slope. Grading shall be accomplished in accordance with the General Earthwork and IGrading Specifications which are presented in Appendix C. 2. The cut portion of the transition lots, where grading results in a portion of the foundation on cut and a portion on fill, shall be over - excavated and recompacted to a minimum depth of 36 inches, to minimize the potential of differential settlement. In addition, the uncom- pacted fills, existing on Lot 22 and across "A" Drive from Lot 5, shall be removed and recompacted. The lower pads of the split-level lots which have been used as desilting basins shall be cleared of silt 1 prior to placement of fill. 3. The revised grading will necessitate imported fill. This material shall be evaluated and approved by the geotechnical consultant prior to importation. 4. A subdrainage system consisting of 4-inch perforated pipe wrapped with 3 cubic feet per lineal foot of Class II filter material, shall be installed at the lots receiving fill. 5. Surface drainage on the finished lots shall be prevented from draining over the top of slopes by means of berms at the top of the slope and yard drains within the rear yards of each residential lot. Yard 1 drains have already been installed at the present elevation of the upper pads and shall be extended to the proposed grade. 6. It is recommendated that graded areas which are to receive fill in excess of 2 feet in thickness be explored and their settlement poten- tial evaluated. If any saturated soil zone with a potential for untolerable settlements are found, such soil zones shall be removed and replaced during in accordance with the General Earthwork and Grading Specifications presented in Appendix C. 7. It is recommended that a minimum 10 foot structural setback be esta- blished for the upper slope edge facing the golf course. 8 I 8. The upper slopes above the golf course shall be maintained in a manner which best preserves the integrity of the slope face. This includes, but is not limited to, planting of a proper mix of drought -resistant ground coverning and shrubs, close control of burrowing rodents, repair and maintenance of all surface and subsurface drain facilities, and control of the volume and pattern of surface irrigation. It is recommended that the maintenance of the upper and lower slopes be under the control of a single maintenance group, in order to promote a consistent and competent maintenance effort. And example of home - Iowner's guidelines for slope maintenance is presented in Appendix C. 9. It is recommended that observation/testing be performed by the geotech- nical consultant during grading operations. B. HYDROLOGY IExisting Environmental Conditions A description and analysis of the hydrological features of the study area is contained within the EIR prepared for the original tentative tract map. Surface drainage within the study area is primarily local stormwater and urban runoff. Terrace drain systems are present in the northeast corner of the property along the natural slope face. The groundwater level under the study area is from 20 to 50 feet beneath the surface and slopes toward the canyon bottom. As a part of the winterization program described in the previous section and in conjunction with the construction of a sanitary sewer system located in the golf course area, a storm drain line was constructed up to the level of the proposed "A" Drive within the project site. This storm drain serves as a temporary drain for water collecting on the site during heavy rains. The storm drain also contains a connection with two buried subdrain outlets which drain the subsurface seepage of the landslide removal backslope. An additional outlet from that subdrain empties into the terrace drain behind Lot 6 of the revised tentative tract map. The upslope portion of the storm drain is temporary, whereas the lower portion of the storm drain (below the lower terrace drain) and the portion beneath the golf course are permanent. Environmental Impacts Although the final grading involved with the proposed tentative tract map differs slightly from that of the original tentative tract map, impacts to surface drainage and groundwater remain essentially the same. These impacts include increased runoff due to the introduction of nonpermeable surfaces associated with urban development and increased short-term increased sediment loads due to construction activities. City Policies and Requirements G. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design, including areas immediately adjacent to the site. H. An erosion, siltation, and dust control plan shall be prepared by the applicant and approved by the Building Department. I. Existing onsite drainage facilities shall be improved or upgraded to the satisfaction of the City. J. Exposed slopes shall be planted as soon as possible to reduce erosion potential. K. Grading plans should be prepared in compliance with the City of Newport Beach grading ordinance. IMitigation Measures 10. Street sweeping at regular intervals on all non -dedicated streets shall be accomplished, to reduce the amount of litter and street dirt available for suspension in runoff, in a manner approved by the City Planning Department. I 11. Two storm drains corresponding approximately to present drainage paths are included in the proposed project and should meet any runoff increases resulting from onsite development. 12. A subdrain system shall be installed such as the system suggested in the preliminary geotechnical investigation. However, it may be modified during grading based on field conditions and the approval of the City Grading Engineer. IC. BIOLOGICAL RESOURCES Existing Environmental Conditions Prior to the grading conducted in association with the original tentative tract map, a biological resources reconnaissance survey was conducted for the Big Canyon Area 10 study area. (The complete text of the survey findings is included in Appendix C of the EIR). Four principal vegetation associations were noted on the property including: disturbed grassland- ruderal association; cismontane-introduce grassland association; coastal sage scrub; and fresh -water marsh vegetation. Wildlife population and diversity was relatively low due to the disturbed, urban nature of the area: No species of plant or animal designated rare, endangered or threatened were noted within the study area. Currently, vegetation on the project site consists primarily of weedy vege- tation which has grown in areas graded for development. Areas of coastal sage scrub and cismontane-introuced grassland which were not subject to grading are located in the northern portion of the study area. Environmental Impacts Grading associated with the revised tentative tract map will be primarily limited to the remedial grading necessary in modifying existing building pads and grading necessary for the proposed onsite roadway system. As such, •it is unlikely that vegetation located outside previously graded areas will be impacted by any additional grading necessary for the revised tentative tract map. Coastal sage scrub in the northern portion of the I site exhibits favorable faunal habitat characteristics. (Brushland not needed for site development will remain.) 1 Mitigation Measures 13. The remaining coastal sage scrub habitat shall be protected in a manner approved by the City Planning Department. 14. The deep arroyo which demarcates the northern site boundary possesses excellent habitat characteristics and should not be developed as an access easement. ID. CULTURAL AND SCIENTIFIC RESOURCES A series of archaeological and paleontological surveys of the study area were conducted between May 1980 and January 1982. The following provides a summary of the studies with each of the original reports included in Appendix E. Existing Environmental Conditions Archaeology A literature and records search as well as a walkover survey of the project site was conducted by Scientific Resource Surveys, Inc. (SRS) in May 1980. The study was conducted prior to the approval of the original tentative tract map. The results of the study indicated that although no archaeological resources were located onsite, the flat western edge of the property was suitable for prehistoric habitation and/or extensive use. During September 1981, grading operations at the project site were A monitored by Jill Weisbord, Staff Archaeologist for Larry Seeman and Associates. Ms. Weisbord closely examined all graded areas including the portion of the site previously determined to be suitable for prehistoric habitation. No archaeological material was observed. 1 12 M Paleontology A records check and walkover survey of the project site was conducted by SRS in June 1980. Based on the underlying geologic formations and soil types, it was determined fossils could be uncovered during site grading. In accordance with the recommendations of the SRS study and the require- ments of the City of Newport Beach, periodic paleontological observations were made during rough grading of the project site. Rod Raschke, pal'eonto- logic consultant, monitored the grading activities from September 1981 to January 1982. During the course of these grading observations, fossil re- mains were collected from the study area. The fossils collected include fish scales, fragments of fish skeletons, poorly preserved fragments of mammal bones and pieces of petrified wood. It was concluded that none of the fossils were of individual significance. Environmental Impacts ' No archaeological resources were identified on the project site, therefore no archaeological impacts are expected to result from the proposed devel- opment. The project site has been surveyed and evaluated in terms of paleontologi- cal resources. Fossils located in areas proposed for development have been identified and, where appropriate, removed. As the area proposed for development has not been changed and no additional major grading is proposed, no impacts on paleontological resources are anticipated. Mitigation Measures Potential archaeological and paleontological impacts have been mitigated through the implementation of consultant recommendations and compliance with City requirements. No further mitigation measures are proposed. 9 13 E. LAND USE AND LAND USE REGULATION Existing Environmental Conditions LAND USE The study area is currently vacant with no improvements or structures located on the site. The majority of the study area has been graded as a result of the activities associated with the original tentative tract map. The study area is bordered on the east by the facilities of the Big Canyon Country Club. The northern boundary of the site is delineated by the Big Canyon Golf Course fairway and adjacent homes. San Joaquin Hills Road forms the southern boundary of the study area bordered by high rise offices in Newport Center. The study area is highly visible from surround- ing residences, the golf course and the country club facilities of Big Canyon. The majority of the site lies at elevations below San Joaquin Hills Road and as such is not visible from the road. LAND USE REGULATION City of Newport Beach General Plan The City's General Plan is comprised of a number of elements each contain- ing policies and guidelines specific to various aspects of development within the City. Among the elements most applicable to the proposed project are: the Land Use Element which designates the study area for "Medium Density Residential" land uses with a maximum of 80•dwelling units permitted and a maximum density of 10 dwelling units per buildable acre; the Residential Growth Element which establishes preferred growth limits for residential development on a city-wide basis and allocates 80 units for the study area; the Public Safety Element which identifies areas that are subject to potential geologic, fire or flood hazards and designates I the study area as being subject to groundshaking and soil problems; and the Noise Element which identifies existing. and potential noise levels such as the noise levels for San Joaquin Hills Road which affect a portion of the study area. 1 14 17 k_J I I I The City recently revised its Housing Element in order to comply with the low- and moderate -income housing provisions of the Roos bill (Chapter 1143 Statutes of 1980). The City has established a performance objective to provide new housing opportunities for low -and moderate -income households, whenever possible, by encouraging the industry to allocate at lease 10% of the annual production goal to affordable housing. It is not necessary that the required 10% affordable units of each new development be located onsite, but instead, the 10% affordable units of a development can be constructed at another site within the City. City of Newport Beach Zoning Ordinance The study area is subject to the zoning regulations of the Big Canyon Planned Community District Regulations and is designated for "Medium High Density Residential" uses with a maximum of 80 dwelling units permitted. The following chart provides a comparison of the project to the zoning regulations applicable to the Big Canyon Planned Community District. ZONING COMPARISON PROJECT i nt Area Minimum lot area/unit 12,300 sq. ft. 2,400 sq. ft. Primary Arterial 50 ft. min. Z0 tt. Loop Collector 20 ft. Local Street 10 ft. 10 ft. raranac 5 ft d20 ft. 5 ft./20_ft. acks Front Rear Si 15 ft. 10 ft. from top of slope ' Parking 2 spaces minimum 15 ft. 15 ft. 5 ft. rovide 10' adj. 1 , ess se" acc 9 15 c Environmental Impacts LAND USE As with the original tentative tract map, development of the study area will irreversibly change the character and nature of the site from vacant to residential land use. The proposed project will not remove all the open space existing within the study area, but the construction of residen- tial units will change the character of that open space. The remaining open spaces will be landscapted extensively and will introduce trees and other plant materials not currently existing onsite. The proposed project is designed to be compatible with the surrounding residential land uses both in terms of use and appearance. LAND USE REGULATION The number of dwelling units and density proposed is well below the maximum allowable number specified in the Land Use Element, Residential Growth Element and Zoning Ordinance. Geotechnical and acoustical impacts are noted in the relevant sections of this document. In order to comply with the City's provisions for low- and moderate -income housing, the construction of three affordable dwelling units will be required for the proposed development (21 residential lots x 10% = 2.1 du's. - The City requires that fractions must be increased to whole numbers, thus 2.1 units is increased to 3 dwelling units). The applicant has indicated that the required affordable dwelling units shall be constructed at an offsite location within Newport Beach. Mitigation Measures 15. All applicable conditions of the previous tentative tract map should be incorporated into approval of the revised tentative tract map. This excludes Condition No. 56 which was determined to no longer be applicable to the project (see Section A. LANDFORM/GEOLOGY/SOILS). a 16 I I I I I I I I I I I 16. No perimeter open space areas or recreation areas shall be used to meet City park dedication requirements. 17. Prior to the approval of the Final Tract Map, the applicant shall dedi- cate land or pay in -lieu fees in accordance with the Park Dedication Ordinance. 18. A minimum of (10%) ten percent of the units to be developed on this site or an equal number of offsite units shall be "affordable units" as defined by the City's Housing Element. 19. Prior to the recordation of the final tract map an agreement shall be executed that guarantees the provisions of "affordable units" onsite or offsite in a manner and in a reasonable time frame related to the construction of other onsite units. Said agreement shall be reviewed by the Planning Director and City Attorney's Office and approved by the City Council. 20. In order to reduce any adverse environmental effects of development of this site, preference in the rental or sale of the "affordable units" shall be given to'those persons employed in the City of Newport Beach or residents of the City of Newport Beach in a manner to be approved by the City Planning Director and City Attorney. F. TRANSPORTATION AND CIRCULATION Existing Environmental_ Conditions A traffic analysis was conducted by Kunzman Associates in• July 1980 which addressed traffic conditions and impacts associated with the 33 dwelling units proposed for the original tentative tract map.1 The analysis report is included in its entirety as Appendix F of the EIR. 1 The original project proposal included 33 dwelling units, but was later reduced to 32 units. 17 I Roadways adjacent to the study area include Big Canyon Drive East, Big Canyon Drive West and San Joaquin Hills Road. Present traffic conditions on these roads are typified as free -flowing and operating at Service Level A conditions. IEnvironmental Impacts The conclusion of the traffic analysis conducted was that the development of 33 residential units would have a minimal impact on the surrounding arterial roadway system. As the revised tentative tract map provides for fewer dwelling units than the original proposal, it can be anticipated that the resulting traffic impacts will have even less of an effect on the surrounding roadway system. IMitigation Measures 21. Additional access roadway width shall be recommended at the Big Canyon Drive East location if left -turn access from the site to the Big Canyon Country Club is desired. A minimum of 28-foot pavement width and restricted parking on both sides of the roadway at this location Iare recommended for both left-hand turn and emergency vehicle access. 22. The project applicant shall pay the "fair -share" of the costs incurred with ultimate inputs to the circulation system as may be defined by the City of Newport Beach. G. AIR QUALITY Existino Environmental Conditions '- An air quality analysis for the study area is contained within the EIR prepared for the original tentative tract map. The analysis includes a description of existing air quality in the vicinity, and a discussion of projected stationary and mobile source emissions based upon 32 proposed dwelling units. 1 18 The existing air quality in the vicinity of the project site is typical of the coastal Orange County area with relatively good air quality due to the dispersion effect of coastal breezes. The major point source of air pollution nearest to the study area is the Southern California Edision fossil fuel power plant in Huntington Beach. IEnvironmental Impacts The air quality analysis conducted earlier found that the development of 32 residential units will result in a minor increase in emissions within Orange County. The number of lots included in the revised tentative tract map will provide for fewer than 32 dwelling units, which could result in a reduced amount of stationary source emissions depending on the size of the dwelling units constructed. Mobile source emissions will most likely be less than originally projected due to a reduced amount of vehicle trips ' from fewer residents. IMitigation Measures 23. Watering techniques shall be employed to mitigate partially the impact of construction -generated dust particulates. H. ACOUSTIC ENVIRONMENT 1 Existing Environmental Conditions ' Due to the undeveloped nature of the study area the ambient noise levels on the property are relatively low. There are no significant external noise sources affecting the project site. The City of Newport Beach General Plan Noise Element is directed at the protection of noise -sensitive land uses such as residential areas. To protect noise -sensitive land uses, the City has established a policy for acceptable noise levels. The standard which is not to be exceeded for exterior noise levels is 65 CNEL and 45 CNEL for interior noise levels. ' 19 Environmental Impacts There will be an increase in noise levels within and around the study area when the proposed project is implemented. Higher acoustic levels will result from short-term, construction activities as well as the long-term use of the development. Short-term acoustic impacts will occur as grading, infrastructure emplace- ment and building construction occur. Each discrete construction phase will have its own mix of equipment and consequently its own noise charac- teristics. Noise from earthmoving equipment may range from 73 to 96 dBA at 50 feet. Typical operating cycles may involve one to two minutes of full power operation followed by three to four minutes at lower power. Appendix E includes additional construction equipment noise ranges by category. Long-term impacts will include increased noise levels adjacent to arterials ' used for access to and within the site itself due to traffic associated with the project. Based upon a noise analysis conducted for the previous environmental document, the distance to the 65 dBA CNEL contour for San Joaquin Hills Road based on ultimate traffic volumes is estimated to be 159 feet from the roadway centerline (see Appendix E for noise projection assumptions). Given the location of the projected 65 CNEL contour, Lots 17, 19, 20 and 21 of the revised tentative tract map may be adversely affected by noise impacts. ' Small portions of Lots 1, 2 and 3 are located within 159 feet of the subject roadway centerline. These lots are located approximately 20 feet lower than the roadway elevation and are in a "shadow" area (the noise travels over the area in a plane similar- to a line -of -sight). Therefore no significant noise impacts are anticipated for these lots. Exhibit 6 delineates the 65 CNEL contours for San Joaquin Hills Road. It is recommended that site -specific noise analyses be conducted for Lots 17, 19, 20 and 21. As these lots are proposed to be sold and developed individually for custom single-family homes, the extent of potential noise 20 II EJIL GD� LA ME WCNT 2 rROM1 W D ME' RESID=nR SINGLE PAWLY DETACHED RESIrs<unxT•— - . - _= UnU= M EE RtODCi.TObtD u Ttxsm=W-0rco MW"v wcl ?. CtLiM GWOCE DY. OrYO mtwroW oV G 6 SrW=M SC%,TEENICA'Im56�Sm- z P12GTNCM VL s JTCMN cwram��..,an m�Axr- Z' STM1EE MD-OMUIYU_ IR°I'O�L'nm TO EG m /co tmrG Dim OrY Or ICLFON ECADI - EL7•l]1-1'XJLiES PAD DL:I' al ' F3 L9Is= rOf/0D1' NmoR LOT W TO KACDrIRPD rmQ6 nnmmrv= FIAV T: XOPS Ex =uS S F' IL H1rW TO b _ M D USED bU' TIO UIJD USE TAWLATION LOi NO DEY.[IP-.ION /ZRfS •1.21 R,$ V^NI, $'IY1E rANY;)`AT 10 22 CECC510N ARE•- ¢2 A OPEN �NX 03 S O OPEN 9' c 10 O OPEu vncE 2S D OPEI. Y.CE(:f,•,•1^SSS0.;I KS) os NET 5UILT LE AREA TOTAL MECnEStOP`36x:A A'FES M,NQ6 S-FEEM aRD Ma21 IGS . NET DLLMDLE AFEA____----Z77TIRES r\ C;Z ' lm��01 �K' � � • \ 4tT h � 4,: A o ti h_ tiY' 8_ N `PIDAL DDILDING, ENVELOPE PLAA S } = EErS KS Gi1=cDJi2IMY 5 •- •• V 0.V •, C 61CY{S n•.1„iA SG�'-IN •s- w ���' ,I=•,,,••• _ �� .KNE ANA ItY.V: �_•i O: -' w+•.-_ y _r_rE-; �_ -nu .tea___ I _ or :r T= MMES S6DNG L •,n nnD'c- Dnl•,r: VP CF (.ALIRON1:1.m JC'_' (rhlvnrc) OF- NEWPOP% BEACH TRAFFIC NOISE' 65 CNEL OCR CANYON AREA 10 THE IRVINE COMPANY RIAII'31(NlFiri% 7VVVTJ f7 r i r OR ice,,,_- : �='-_�� ��\ � E«.•, ,�, \ �.-�� T 1 1- t� ✓• M. 1 i F ' �-F-` / -+ri` • . y t ' It"` ' , go•,LE ICI FES • r. • ^ .. ` :` I � 0< S:%•-'.l LOTS 2 /fi 1'� \)(/ 1y��r L. ...o. i .THE IRVINE COMPANY; 650 HELIFORT CMM DKWE Z U*tM M,)F TTEGFS-T2AnHEM nrkArMT 15rivA GALIrOP.T11A E 230, C✓vY.tyS DRIVE (lH')6tt-3011 Ir.VIHE• rvTOfVIIA ow)85I-5200 o r� u ('01a EXHIBIT 6 I impacts and appropriate noise abatement measures may vary from lot to lot. Given the location and orientation of the affected lots, outdoor living areas may not require noise abatement measures. It is most likely that outdoor living areas will be located at the north end of the lots (views are to the north, and street access to the south and southwest) and will either be located outside the noise impact zone or will experience the shielding effect of the home being located towards San Joaquin Hills Road. Interior noise standards of 45 CNEL can be assured by the utilization of special construction techinques such as unopenable windows on the street - side of the building, well -sealed plywood sheeting, extra insultation, and/ or double glazed windows. The exact nature and extent of noise abatement measures can be determined by an acoustical engineer once the location, orientation and building design has been determined for each lot. ' City Policies and Requirements L. Prior to issuance of any building permits the applicant shall deposit, with the City Finance Director, the sum proportional to the percentage of future additional traffic related to the project in the subject area. This deposit shall be used for the construction of a sound attenuation barrier on the southerly side of Coast Highway in the West Newport Area and in the Irvine Terrace Area, and for a barrier for Jamboree Road in the Eastbluff Area. M. Prior to the occupancy of any unit, a qualified acoustical engineer, retained by the City at the applicant's expense, shall demonstrate to the satisfaction of the Planning Director that the noise impact from San Joaquin Hills Road on the project does not exceed 65 db CNEL for outside living areas and the requirements of law for interior spaces. Mitigation Measures ' 24. A noise wall shall be constructed adjacent to San Joaquin Hills Road for Lots 17 through 21. The wall shall be designed per the recommenda- tions of an acoustical engineer to promote the maximum amount of noise attenuation. 1 21 r 25. Lots located east of the proposed wall shall waive noise impacts in acknowledgement of view preservation. 1 I. PUBLIC SERVICES AND UTILITIES ' Existing Environmental Conditions ' A description of the existing public services and utilities provided to the project site is contained within the EIR prepared for the original tentative tract map. As noted in the EIR, there is adequate capacity and availability of service for educational facilities, fire service for educational facilites, fire and police protection, electricity, natural gas, telephone, water and solid waste disposal services to accommodate development wihtin the vicinity of the project site. Wastewater service is now available to the study area as the moratorium on new sewer connections, which was discussed in the EIR, has since been lifted. Environmental Impacts Environmental impacts to public services and utilities which are associated with the revised tentative tract map are comparable to those discussed in the EIR. Although consumption estimates are usually based upon dwelling ' unit size, it can be anticipated that the proposed lots will contain fewer, larger homes than originally proposed and the total consumption of the project will be similar to that noted in the EIR. City Policies and Requirements FIRE PROTECTION ' N. Fire hydrants and other, fire -fighting appurtenances shall be strate- gically sited for easy access and use and approved by the City of Newport Beach Fire Department. 0. Such individual measures as use of fire -retardant building and plant materials and installation of smoke detection systems shall be utilized. 22 I POLICE PROTECTION ' P. Police service will be enhanced through the provision of adequate street lighting and clearly marked street names and house numbers. ' Q. High grade security hardware should be considered in the building design. Mitigation Measures ELECTRICITY ' 26. Domestic hot water systems, shall be designed to utilize alternative energy sources (e.g., solar energy collectors). Should such systems ' be deemed infeasible at the time of initial construction, building design shall incorporate provisions to allow them to be easily ' accommodated/installed at a later date. WATER SERVICE 27. Insulation of hot water lines in water recirculating systems (Cali- ' fornia Energy Commission regulations). ' J. OPEN SPACE AND AESTHETICS ' Existing Environmental Conditions The study area is visible from residential areas across Big Canyon Golf Course. The existing appearance of the site from this area is primarily ' graded, vegetated slopes. ' Views from the site include the golf course, landscaped slopes and low density residential development across the canyon to the northeast. I Qcl Environmental Impacts As with the original tentative tract map, the proposed project represents a completion of residential development in this part of the Big Canyon com- munity. The current open character of the site will be changed to include ' residential structures at a density comparable to those directly across the canyon. The revised tentative tract map will provide for a housing type ' and density which is more visually compatible with residences across the canyon than the condominiums proposed in the original tentative tract map. Mitigation Measures n I [1 28. The applicant shall consider preparing a landscape plan which allows for views of Big Canyon from San Joaquin Hills Road. 24 III. ORGANIZATIONS AND PERSONS CONSULTED PARTICIPANTS The personnel who participated in the preparation of this initial study include: Principal -In -Charge Project Manager Assistant Project Manager Graphics Word Processing/Editing CONSULTANTS Phillip R. Schwartze Mitchell K. Brown Anthony Skidmore Mary Crowthers Pamela Richardson Celeste Rasins The project consultants who participated in the preparation of this initial study include: Geotechnical Analysis OTHER ORGANIZATIONS AND PERSONS CONSULTED City of Newport Beach Planning Department Bruce Clark Hayim Ninyo Leighton and Associates, Inc. 17975 Sky Park Cr., Ste. E Irvine, CA 92714 Fred Talarico Pat Temple 25 IV. REFERENCES Bolt, Beranek and Newman. Noise from Construction EEui moment and 0 ep ra_ tions, Building Equipment, an ome�ApMances. U. . , 1971. City of Newport Beach. Big Canyon Planned Community District Regulations, 1976. Kunzman Associates. Big Canyon Site 10 Traffic Impact Analysis, July 1980. Leighton and Associates. Geotechnical Investigation of Big Canyon Site 101 July 1980. Leighton and Associates. Geotechnical Review of Revised Tentative Tract Mao for Tentative Tract 10 114(Big Canyon Site 10)_, May 1983. Marsh, Karlin G. Biological Assessment BigCanyon Area 10 Project Site Nownnrt'Raarh_ 1`Tforma.�une Phillips Brand Reddick. Draft Environmental Impact Report_- City of Dort Beach Condominium Use ermi,Te�ative Tract an Scientific Resource Surveys, Inc. Archaeological Survey Report on th Canvon Site"10 (22.5 Acres) 'Located in Newpoart Beach, California Scientific Resource Surveys, Inc. Paleonto Big Caffon Site 10 (22.5 Acres) oca_e June Copies of the above documents are available for public review and inspec- tion by contacting the Planning Department of the City of Newport Beach at P. 0. Box 1768, Newport Beach, California 92663-3884. (Telephone (714) 640-2197). 91 I ' Y. APPENDICES Bound Under Seperate Cover .,. di x. ., ,. .-:. ,. 154-%0i aa+', 4 �... �. ..rr.-; 'ml , %, ,,,..., i I a �➢,'e ,:- '" v ww RPM r Liz „x '`*Yhx 'fN- it + -s 7, - _ � s -' �a.�,•. alp...- -aC -., ''�'`"' x, ut ..W,,a.,.,,�,.,a..:,.T L. �.,:, f...-21L,...... ��...w. � r. ,;... e_. _ -- ,_• '-_ __. _ _ _., .. _ , ,. , _ � -. ..- .. -- . _ vicinity ma (aor rh sC�7 4 �y, "'t ,n° ✓a°af'a"'.'$'. ,."i b 'ac'-fn;¢`, S � f3 construction - legend ( ) EXISTING SPOT ELEVATION PROPOSED SPOT ELEVATION F.F. FINISHED FLOOR ELEVATION G.F. GARAGE FLOOR ELEVATION P.E. PAD ELEVATION F.S. FINISHED SURFACE ELEVATION H.P. HIGH POINT L.P., LOW POINT T.C. TOP OF CURB B.C. BOTTOM OF CURB T.W. TOP OF WALL B.W. BOTTOM OF WALL T.S. TOP OF STEP B.S. BOTTOM OF STEP C.B. CATCH BASIN D.I. DRAIN INLET RIM RIM ELEVATION INV. INVERT ELEVATION E.J. EXPANSION JOINT S.J. SCORE JOINT R. RADIUS RDWD. REDWOOD HDR. HEADER P.A. PLANTING AREA MIN. MINIMUM TYP. TYPICAL O.C. ON CENTER L.A. LANDSCAPE ARCHITECT , �� .. R:. 1, .0 x RA:NAGE E . V-3ERY - 311I1 7 _'p '_ANDSCa=E C^a'E ^�J—DE"AIL REFERENCE —SHEE` LOCATiON' SECTION REFERENCE —S-EET LOCATION 0 STAINLESS STEEL DECK DRAIN SIZED*PER PLAN O P.V.C. SPEED-D - BASIN DRAIN SIZED PER PLAN 0 G revisions & REVISED_ 11.10.83 • P�1� 101-0it4�Ei DES L4--' • �Mov� �P�/� �^ pp�Kx� ® REVISED 11.29.83 &REVISED 12/19/83 ^t��� I�-rills � �i� corzwwr� SUBMITTED FOR APPROVAL 12/19/83 ate APPROVED BY CITY OF NEWPORT BEACH' name date agency RELEASED FOR BID date CONSTRUCTION SET ISSUED date a index SHEET DESCRIPTION L-1 I !9I �&JTV H R-bN IR(z1��I%'N F -4 4 i12tzlc��'(fo�-I . II�-4 AP�Y`�I� —9 LNG �� � I�Ic�-�r�-►� qPo�zov�b �( �c� No�t%S'fA'�,- Sv�DWlStc� EN(�. ta�2%,3 gPPRIDUrP 2�I FReP�co sly. eov2DrN ; t2( pc�p�p� IRR\c-,A-'hCN Ca,-)D1-D0Ns OF A-PPRDUM- OF 7Rp<LT I R`3�' - J � P �► INC0PT RAT I�h1YD �s� LU _i° at U%aam UW F.0 LLUU �L)ErWN 010M WW�� H� Zza to W Z I v ! 0U Iz. Oa° i' W V I Z aa0 0 I Ii EL W mZN H- W Ce CL Q W �` 'Y = • Q JOB NUMBER Qf10000 SHEET NUMBER OF SHEETS 1 ) d PS4/ I � - e � r f r • �o ,�: �` 1 \� -7 VCLoft �rl rVi lt 9-7 Milk � � \ \` `l\ 1 l i-- - •% � Li \ ' � �'�" � � � :� e/ tV mow' � � �� \ � \ n . l \! 44 / rL - i A n f I: 4 •, t • r ,s - ' ^ • i�b.5 \ \ _ _r"tea = {..3La • JJ/ � f ' i, \ ' \ ' }�,,.. � \ ' p "r ter.' �. W 1 % low offPc21095.5L Pr ONNi4 co -2 ill \,� \j3 lU 1 �� N.1 11 \ i` � 11 - - - P=20.5.6 AVM. �: \ w� 2UA it j i/ 1 J 1 P Avg. 1 ___._ .---_. � � . � ,b k \ # `S'' �DE. � K,-� ='Z V rr ( P- 202, 8-AV&. �5 10 _ , \ �•, �\ � � - __ off, \ � �, � ��• � � \ \,gyp , 1 2 •� � , PED Mr CZ hQ71ZCOLLETR C.4 I RR 1-Tre0L Q C - DG — �o Si"f't . , r — •► � } p3 n i K/ ti N NE — '�;►S SIDE u `" ( •L. - \ �• - t';• • �' —� f ` I IIIIIIillllllllll II IIIIIIIIIIIIIIIIII 111111111111111111111111111111111111 IIIIIIIII IIIIIIIII II IIIIIII Illtllllllllllllll I 1111111111111111111111 IIIIIIIIIIIIIIIIIIIIIII I uumum nnnuuulllumu uunuwuunm Ilaumil Inlxuunn lymnumnul nl�ntmml �r2 I �y —3/4 Mo Q— ' { U :- SID Al AS 1 Ali— ZQN —. OCATE BACKFLOW PREVENTER 2 FROM SIDEWA / / SAN �DAQUIN I� HILLS ROAD K107E Sa II.ISrA�-L BI=P, OO JTPOLL,,•E25, MAli VALV1=5 4 G?G'S AT TOP OF SLOPE, OUTSIDE COF= cr-rY ?-IGHT OF WAY ALL COII-LEP,S Si-tALJ_. 9UI.J II�JSE=G?UENGE __- *Contractor shall contact Landscape Architect and Developer prior to construction to verify planting and irrigation in and around construction access gates. Do not install sprinkler heads in thi's•. area until verified with Developer and 'Landscape Architect. Install all pipe 12" minimum below grade in this area. POINT OF CONNECTION t�ls-nN� �1�� f� ft��P•N�'\ G N J�P-Qu I t� {i�II,Ls �?•D NeT Ta? Lam. G215\VOLD 114 2280 - KAPI , PRESS. RED, \PN LVE - SETAT 55 P51 1%z" \VATE�Z METE2 511 P2EssUf�E l05 f'SI MAK DEM/,:Nlo 54 PM (� E�- PFG�Tm L E:0—�� v SIN o II I w, L I I If LO WOW TO • NORTH SCALE: 11=201-01l TOBY MERTENS IRRIGATION CONSULTANT 333 AVENIDA ADOBE SAN ,CLEMENTE, CA. 92672 (714) 498-4483 VANDSCApe 1z" 0 &gwore Date �T9TeOF CAl'4�P?!� i� �13Lu �N L) � WU vZ w LLU= L)IX �W` � Pj a0 M WwOE a� 2 Z Q 503� Z (0 Z r n 3 0L zU0 w 0WU m VOil as ~ �3W W m2N a - • I � i m pS N Z LU ce = Q JOB NUMBER' SHEET NUMBER OF 9 SHEETS ■ 1 0 • NORTH SCALE: 111=201-011 TOBY MERTENS IRRIGATION CONSULTANT 333 AVENIDA ADOBE SAN CLEMENTE, CA. 92672 (714) 498-4483 \_ANDSCAPe �NSUr✓M£q Sil *' o m S&gwure Date �l9Tf0f CA�'`�Pa!� i I .o ¢ ED ZU w tl. w = u m V� -WN (L0. w3cc ZzatD i0 W z �cDZC c 0U 2L]0 w 2 OWU. zm� Qo0 vaa u Y W . o m2N a ..• ���IIII11�� � N Z 3 = Lu � u � W� Q u JOB NUMBER elow. SHEET NUMBER OF 9 SHEETS I f 1 1 �.• _ � j �oj'j 1, 1 1 KIM. l lw Ul W 1�w i u N f_1 4. o, 1 _? 1 - ------------ �anum mmnn� m� ���li��uuunum nnnwmunum uumnumnmd u� uu�iiiiiiiii ummnmuuum nimwn m uununwumu"-,i�t '& ..—.•. - ._ - _ - - _ - 1 ainum uneu/ umm ummy��lu n mwumuuuu�m(II1uluuuumu`nw wiwiu i ' _ nIff nTliiiiw Z ; IN HI FAW n -PED, MT. C0U7I-0LLE2 IP—P—I—T1ZOL G?G— OC— 66rA . A NORTH SCALE : 111=201-011 OVANDSCApe9�c ' �5 �NSUNryE-R 'sip, �. w TOBY MERTENS IRRIGATION CONSULTANT 1 `gWvre 333 AVENIDA ADOBE., SAN CLEMENTE, CA. 92672 (714) 498-4483 lgrEOF CAI'`('g' 14 .ml—1 —F >� '0m �N - vw WQ �2U LLuu UQ1 F. Gir w omm wwcc IL Z2EL >o�� Z gtoz�. 04 2u0 wZ OWU zm� aCE 0 vaCC a U W 0 mN W� 2 W a i� • 1 �r t� C PAP N p= Z 3 W < W W OC = Q p u p JOB NUMBER v I O&V SHEET NUMBER L- 3. 0F,9 SHEETS I �\ rRCE r PROF/L E - + ZlV SLOP/N6 OF,?AMR 6R00Y/NG DETAIL CURB 414CCE55 RAMP DE'TAm . NO 5CII Contractor shall contact Engineer & City representative before beginning any work on sidewalks and curb access ramps. Contractor shall also refer, to engineer- ing drawings prior to construction. CURB ACCESS RAMP NOTES I- Ifs/OEWRLIe /S LESS 7HAN5' W/DE, THEFUL L W/DTN OF THE SIDEWALK SHALL BE DEPi?Z` D. 2-WHENR9MP 15 LOCATED /N CENTER orCU,e8,eETURN, CROS5WlJLK CAVF/64YRR7/0N MUST BE&,WIIPR 70 THA7 SHOWN ON T/aE PL lI TOACCOMMOL�7TE WHEELCNq/,Qg. 3- IFLOCH7fD ONRCURVETHE51DESOFTNERPMPNEED T08E R9,I L EL BUT THE .f9/N/MUM WIDTH Of THE QAMP,SNRL L BE 4' 4- 5/0E1W-qL le ANO /EAMPTN/CkAI "T" 11 L BE 4" ,5 TMERRMP 6MOLL I/AVEA/2"WIA90R06R WITAIYe"azoOVEB FPP,QOX/MFJTELy 314"O.C. 5EE GROV/NG D.I rhee5U,eFQCE OF .DAMP 5HAL L MINE A 7RANSMR5E 4ROOMED 5URFgCE TEXTURE ROUGHER ThWNTNESU,e,QOL/ND/NG SIDEWgLK EXCEPT WHEN LOCR7ED IN CE/VTER OF• CURB 4'E7UIMI 0-WMEN,eAMP/5 LOCATED /N CENTER OF CURB RETURN, I75HRLL BEOROOVED IN,4 m RRllIONE PATTERN W/71/ %4,lazooVES gPPROX/MRrEiY /I2"ac. seEGROOVING 0E7lq/1_, 49E00VE4 5I10111D REALIGNED RWRgLL EL TO Ce055WgLK 67RIPE6 TO DIRECT ,BLIND PEDESTRIANS INTO 9RRe0Pe197',F CR055W&Ae 7- RgMP5/DE SLOPE ✓R,e/ES UNIFORMLY FROM N0,gX/MUM Of UPTO 1I g7•CUPB TO CONFORW W/TN LONS17U0/NpL 5/0EWAIK SLOPEADJE7Ce`NTTOTOP OfTHl-RWAIf,XCEPT/NG9SE5 CfS. 8-RETROFITS p- OTHER RAMPGQADES MAY BE/NCREg5E0 TOR MAXIMUM Of //•f % (Nn1,rR rHELESS, THEY SMoUL D BE as FL/aT is FEA51BLe. ) B - WHERE 7//E4'Rjd9rMR0/5 NOTFE5/BL E, THE W/OTN MAY Bb" DC-•CREf7$E0 Oe EL/M/N97ED. t 480irYPAN5/0N i ✓O/NT AMrFR/.4L (rYP.I # R=IS'FOR LOCAL STREETS ANO ?S' F ARTEQI,4L STREET$ GWLE55 OT.yE4- W/SE SAC/F/ED. I� 4 5'FOR MA✓AO, AP/M-4I lea CURB FACE AND SECONDARY .5T,PEETS UNLESS 017./ERW/SE $J,(0{yN CURB RETUIZAI 4REA ' /�' PEQ. FT. -� .:;::....:.::: .:':::.••....,•....,.,;..,..:•; siw JUo,gU1N HII-th TYP/CA L ' SECT/ON ;-�--� :_.�.,...:•,:.-.�.�.=�."" FM IrIt CT M14) WEAKENED, 6YANE ✓Q/Nr5 /�' SAWEDQU/C�f'-✓DINT OQEGY/.IL 6' B' 6', B' 1 B' 1 B' 1 B' 1 6' ro ctoFl9 4rrI �LY4NT/N6 Cat CCttiY2ETE AOYL°M&WT WiFW AFMC49 PLANE, J0/Nr5 EXPANS/ON JOINTS .4"1ZJv 79 •C6. CITY OF NEWPORT BEACH °PAWN '4 i M DATE__Am_,_ A PUNUC WORKS DEPARTMENT APPROV S/OEWALAe LU;L11 C W IIKS DIRE DER.E.ND.57- SQDRAWING No. IS TD -1W -L QUIOCC17LfF'L.1NG VALVG � F]IPPLH fi�Y11 ,.11�}•L _ 6. GLII CI i •° CLsxx "fTE o L5; o PVC. MALE ACAPr6R rvc MAw ALL PIiTi. ICS TV 5E THIPMA C BRASS QUICK, COUPLIt.1C VALVE G" 6CM+ so PVc 0.1IPPLC — eHIR M SPRAY iJ B/c TTE Ge 5U. PVC GTREE.T r- _ ELL. i I MARLEX 5TKE:S ELL PVG LATERAL L1uIs -� SHRL.!E SPRP.Y SHRUB SPRAY HEAD• BROWNLINE UVR PVC RISER ADAPTOR-#SHR-550 BROWNLINE Fl RISER STABILIZER---► -- —THEFT RESISTANT LOCK #SRS-200 SCREW - SCH. 80 UVR PVC NIPPLE 14" X 24"SQUARE STEEL STAKE BROWNLINE UVR LATERAL f LINE PIPE AND FITTINGS L FINISH GRADE-` •1 - 1-tR 15 5PrrAY ON C,IKApE 'AMET'EG'{f l0-181-A�1 WSTA V ABOVE ZIII 3OX 4RADE-5NRUF5 W/k 10-I13I-015 UD AREAS ( F1111 VE R>TVOOp 2.4 m Z�� Oe o-0.0o 0.••p i. pgA1LJ', , VG MALL: L= Icurr ACu.PTER FSA GATE VAL\/E - 'iEMr09.1,RY IIQ5TALLATIOIJ FGR- i/2 1 5E50E0 A,ZEA B '— Lj- -- -P FY�P-LIP 5-itAY-'}—, I b � o- I III I — 5CH C0 F�vc iJ I II I II;IPPLE 9q , I, II PVC TEE cR ELL7 Svc eTxEEr J L ELL NARLEX STREET ELL F�/G LATERAL - POiP UP SPRY VALVE HoX FIwsH GRADa - i IV n' I ►i 1 E�ssLJRE RED ICIIUG ' VALVE PVC MALE 4 AD4Pi-EiZ s : m i I � 45e E11. j i $ o° '• ° •GRAVEL zt�°:o°e•••o8•a��n� e 1 RL=p.�D BLOCK i PRE55URE R* EDUC1QC VALVE 11 I i ZVC �+ 40 J -ICU FT PEA CR4VEI- RWID 2.4 (2 RS2U) - 4 I h It C T[5 rvc MAIAW - REMOTE CONTROL VALVE ' RGDCiGECi PRESSURE - 5-ACKPLOW PREVENTER . NITII+ CATS VALVES' - Bi�hSfs LiIPPl.B - - ,, BR.a4.r6 tJIPPLB BRAI I E ac ea° �s eL�v B eu II I BRAbS IJ IPPI_E I II .� —• .9• RA95 EL2k7V — L u a. AS REQU. V FCC - AS X50U. Tb MAIN REDUCED PRE55URE 5aCKFL0W PREVEQTER AurOMATIC GC�I.iTRliLLE''t IG A 8* K 11• AAICIII �OLTS �I.IGRETE_� (4 _ • P L24 VI WIRES I �3• . SWEc? ELL PEQESTAL MOUNT' CD�.1TRlJLLER � Q IRR1,l5;A7'10rs LEGE1 C) 5YK450L MANUFACTURER ITEM C FM PA7F-RQ R F51 b RAIUI5IP,D 0 180&- 13J' SS, DTI+t+ (p" FLOP UP .7 8 I, I rID 120° di J81 # )31 G55 - 35" 0, T1+,H, F STRE 4,M SPRAY •7 a 111 11 CI q0e 1200 1800 a60" Qp' 2s • m G215�VOLD �# 2280 - SE1= DwG;S PIzE55U2E �EAL1cIK-!G' v/,qW� - AJC-F'I U1�1E j# 5 75 9F_0UCG—E) PRE SSUIzF_ aACKFL1I_I PREV EW7`I` R N I.J# T-118 GI•ATE YALI - LIUF- SIZE B GFZI5\VOLD-5-SL=-R1IE6 (F-PAcT•E Gou7rednL VALVE IRRI-TROL 17C LATCH•I_IC, 15f �)LENjotoS 9&.1 1PIRp 4 33LVG 4:;pUICKC6:)UPL4_'3C V141 I_ 19RIT9OL G?G Ix GC�IJTPC'LLEJ2 Al 6r I>KITP-OLLC-R S STATIOW IUUMF3EI2 I" 15 VALVE SIZE ff GPM PVG GL 2D1I 121' CG3./ER ------ PVC- UVIZ•- 56444co - 0" slnFE sURFIII 57AKL= a) lo'oc ---- PVc - CL3150RSGh+ 4n / MAIILt 0 I „ • � ,��� �ANDSCgpF9 �NSUMMF Z p w TOBY MERTENS IRRIGATION CONSULTANT Sarime 333 AVENIDA ADOBE SAN CLEMENTE, CA. 92672 Da1e (714) 498-4483 �19TE0F CAI'`�p�!� W .DN ato Um Ci FU zLL . Y F Q .a00°" W WW0t. a �. Zza� �0� oe W �IM2,r rWr C 0� ZU0 w }WU m> Qi0 tiaa �W� o mz) a I .7 \1 ,r 0 ���llllll Z 3 Y UL Q u W W . U ' JOB NUMBER SHEET NUMBER L- 4 • OF q SHEETS k IRRIGATION SPECIFICATiI 1. GENERAL A. Permits and Fees The Contractor shall obtain and pay for any and all building permits as required. B. Manufacturer's Directions Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturer of articles used furnishes direc- tions covering points not shown in the drawings andspecifications. C. Ordinances and Regulations All local, municipal arid state laws, and rules and regulations governing or relating to any portion of irrigation work are hereby incorporated into and made a part of these specifications, and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these specifications call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size the provisions n i r it d the above rules and regulations, tha s e u e bp q Y of these specifications and drawings shall take precedence. D. Explanation of Drawings (1) Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc., which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc., as may be required to meet such conditions. Drawings are generally diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting, and architectural features. - (2) The Contractor shall not willfuily install the irrigation system as shown on the drawings when it is obvious in the field that unknown obstructions, grade differences or dis- crepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences should be brought to the attention of the Owner as soon as possible. In the event this notification is not performed, the Irrigation Contractor shall assume full responsibility for any revision necessary. 2. SUBMITTALS A. Material List (1) The Contractor shall furnish the articles, equipment, materials or processes specified by name in the drawings and specifications. No substitution will be allowed without prior written approval by the Owner. (2) Equipment or materials installed or furnished without prior approval of the Owner may be rejected and the Contractor required to remove such materials from the site at his own expense. (3) Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. B. Record and As -Built Drawings (1) The Contractor shall provide and keep up-to-date complete "as -built" drawings indicating locations, sizes and kinds of equipment installed. Prints for this purpose nay be obtained s from the landscape Architect at cost. This set of drawings shall be kept on the site and shall be used only as a record set. (2) These drawings shall also serve as work progress sheets, and the Contractor shall make neat and legible notations thereon daily as the work proceeds, showing the work as actually in- stalled. These drawings shall be available at all times for review and shall be kept in a location designated by the Owner. (3) Before the date of the final site observation, the Contractor shall transfer all information from the "as -built" prints to an ozalid sepia, procured from the Landscape Architect. All work shall be neat, in ink and subject to the approval of the Owner. (4) The Contractor shall dimension from 2 permanent points of reference, building corners, sidewalk or road intersections, etc., the location of the following items: a. Connection to existing water lines. b. Connection to existing electrical power. c. Gate valves. d. Routing of sprinkler pressure lines (dimension max. 100 feet along routing). e. Sprinkler control valves. f. Routing of control wiring. g. Quick coupling valves. h. Other related equipment as directed by the Owner. (5) On or before the date of the final approval, the Contractor shall deliver one set of sepias of as -built plans to the Owner. Delivery of the sepias will not relieve the Con- tractor of the responsibility of furnishing required infor- notion that may be omitted from the prints. C. Controller Charts (1) As -built drawings shall be approved by the Owner before con- troller charts are prepared. (2) Provide one controller chart for each controller supplied. (3) The chart shall show the area controlled b y the automatic controller and shall be the maximum size which the controller door will allow. (4) The chart is to be a reduced drawing of the actual as -built system. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be enlarged to a size that will be readable when reduced. (5) The chart shall be a blackline or blueline ozalid print and a different color shall be used to indicate the area of coverage for each station. (6) When completed and approved, the chart shall be hermetically sealed between two pieces of plastic, each piece being a minimum 10 mil. (7) These charts shall be completed and approved prior to final field observation of the irrgation system. D. Operation and Maintenance Manuals (1) Prepare and deliver to the Owner within ten calendar days prior to completion of construction, two hard cover binders with three rings containing the following information: a. Index sheet stating Contractor's address and telephone number, list of equipment with name and addresses of local manufacturer's representatives. b. Catalog and parts sheets on every type of material and equipment installed. C. Guarantee statement. d. Complete operating and maintenance instruction on all major equipment. (2) In addition to the above -mentioned maintenance manuals, provide the appropriate maintenance personnel with instruc- tions for major equipment. E. Equipment to be Furnished (1) Supply the appropriate maintenance personnel with the following tools: a. Two sets of special tools required for removing, dis- assembling and adjusting each type of sprinkler and valve supplied. b. Two five-foot valve keys for operation of gate valves. c. Two keys for each automatic controller. d. One quick coupler key and matching hose swivel for every five quick coupling valves installed. to the shall be turned over - ntioned equipment The above me 2 Owner at the conclusion of the project. Before final site observation can occur, evidence that the Owner has received this material must be shown to Parks and Recreation Department. F. Handling of PVC Pipe Fittings The Contractor is cautioned to exercise care in handling, loading, unloading and storing of PVC pipe and fittings. All PVC pipe shall lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be re- placed with new piping. Pipe and fittings shall not be stored in direct sunlight. G. Guarantee (1) The guarantee for the sprinkler irrigation system shall be made in accordance with the attached form. (2) A copy of the guarantee form shall be included in the opera- tions and maintenance manual. (3) The guarantee form shall be re -typed onto the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby gu ra ntee that the sprinkler irrigation system we have furnished and in- stalled is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications, ordinary wear and repair re tear and unusual abuse or neglect excepted. We agree to r epr or replace any defects in material or workmanship, including settling of backfilled areas below grade, which may develop during the period of one year from date of acceptance and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Owner. We shall make such repairs or replacements within 72 hours of notification that repair work is necessary. In the event of our failure to Poke such repairs or replacements within a reasonable time after receipt of written notice from the Owner, we authorize the Owner to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefor upon demand. PROJECT: (fA' H `I IN!'� H 1 j` LOCATION: I00IiIi_r SIGNED: Contractor ADDRESS: PHONE: DATE OF ACCEPTANCE: 3. MATERIALS A. General: Use only new materials of brands and types noted on drawings, specified herein, or approved equals. B. PVC Pressure Main Line Pipe and Fittings (1) Rubber gasket type pressure main line piping for sizes 2-112" and larger, shall be Ring-Tite PVC Class 160. (2) Pipe shall be made from an NSF approved Type I, Grade I PVC f; compound conforming to ASTM resin specification 01784. All pipe must meet requirements as set forth in Federal Specifi- cation PS-22-70, with an appropriate standard dimension (S.D.R.). (Ring -Tice Pipe). (3) Ring-Tite PVC fittings shall be fabricated from Schedule 40, 1-2, II -I NSF solvent weld PVC fittings conforming to ASTM testing procedure D-2466 and PVC ring-tite bell adapter using solvent and solvent welding procedures recommended by the manufacturer. (4) Fabrication shall be performed at the manufactur er's plant location or at an authorized distributor shop location. Field fabrication of ring-tite fittings will not be allowed. (5) Solvent welded type pressure main line piping for sizes 2" and larger. shall be PVC Class 315. (6) Pipe shall be made from an NSF approved Type 1, Grade I PVC com- pound conforming to ASTM resin specification D-1784. All pipe must meet requirements as set forth in Federal Specification PS-22-70, with an appropriate standard dimension (S.D.R.). (Solvent -weld pipe.) (7) Pressure main line piping for sizes 1-112" and smaller shall be PVC Schedule 40 with solvent welded joints. (8) Pipe shall be made from NSF approved Type I, Grade I PVC com- pound conforming to ASTM resin specification 1785. All pipe must meet requirements as set forth in Federal Specification PS-21-70. (Solvent -weld pipe.) (9) PVC solvent -weld fittings shall be Schedule 40, 1-2, 11-I NSF approved, conforming to ASTM test procedure D-2466. (10) Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of type and installation methods prescribed by the manufacturer. (11) All PVC pipe must bear the following markings: a. Manufacturer's name. b. Nominal pipe size. c. Schedule or class. d. Pressure rating in P.S.I. e. NSF (National Sanitation Foundation) approval. al. f. Date of extrusion. U.P.C. Shield L APApproval). g. a ogo (I MO (12) All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable I.P.S. schedule and NSF seal of approval. C. PVC Non -Pressure Lateral Line Piping (1) Non -pressure buried lateral line piping shall be PVC Class 200 with solvent -weld joints. (2) Pipe shall be made from NSF approved, Type 1, Grade 11 PVC compound conforming to ASTM resin specification D-1784. All pipe must meet requirements set forth in Federal Specifica- tions PS-22-70 with an appropriate standard dimension ratio. (3) Except as noted in Paragraphs 1 and 2 of Part B (this section), all requirements for non -pressure lateral line pipe and fittings shall be the same as for solvent -weld pressure main line pipe and fittings as set forth in Part B of this section. (4) Non -pressure lateral line piping installed on slope surface shall be UVR-PVC Schedule 40. Pipe shall be PVC 1120, Type 1, Grade 1, manufactured in accordance with ASTM designation D-1785. (5) Fittings shall be UVR-PVC 1120, Type 1, Grade 1 manufactured in accordance with ASTM designation D-2246. Fittings shall be Schedule 40. (6) Solvent cement shall be Brownline Bond -Tice Cement conforming to the requirements of ASTM designation D-2564. Apply an ap- proved primer prior to the application of Brownline Bond-Tite Solvent Cement when joining UVR-PVC pipe and fitting connections. (7) Riser stabilizers shall be of UVR-PVC material with cocking screws and shall be Brownline No. SRS-200 with 112" square steel tubing stakes. (8) Pipe stabilizer shall be of UVR-PVC material with cocking screws and shall be Brownline No. SRS-1120 with 1/2" square steel tubing stakes. (9) Riser adapters shall be of UVR-PVC material with cocking screws and shall be Brownline No. SHR-550, SRA-500 or SRA-700. D. Brass Pipe Fittings (1) where indicated on the drawings, use red brass screwed pipe conforming to Federal Snecification No. WW-P-351. (2) Fittings shall be red brass conforming to Federal Specifica- tion No. WW-P-460. E. Copper Pipe Fittings (1) Copper pipe shall be Type "K", hard tempered ASTM B88 and fittings shall be wrought solder joint type in accordance with ANSI B16.22. (2) Joints shall be soldered with silver solder, 45% silver, 15% copper, 16% zinc; 24" cadmium and solidus at 1,125" F and liquids at 1,145" F, conforming to ASTM B 206 and Federal Specification QQB 00655. F. Thrust Blocks (1) Thrust blocks for ring-tite pipe shall be of size and type required by the manufacturer's installation guide. (2) Form thrust blocks in such a manner to prevent any concrete from coming in contact with the pipe. Thrust blocks shall be between solid soil and the fitting. G. Quick Coupling Valves: (1) Quick coupling valves shall have a one- or two-piece body designed for working pressure of 150 psi operable with quick coupler. (2) Quick coupling valves shall be 1" size and shall be equipped with a locking vinyl cover, yellow in color. H. Backflow Prevention Units (1) Backflow preventers and/or vacuum breakers shall be of size and type as indicated on the drawings. All sprinkler irriga- tion systems that are using water from the potable water sys- tem shall require backflow prevention. All backflow preven- tion units shall be installed in accordance with requirements set.forth by local codes and the County Health Department. (2) Wye strainers at backel. ow prevention units shall have a bronzed screwed body for sizes 2" and smaller and 125 ib. cast iron flanged body for sizes 2-112" and larger. All Wye strainers shall have a minimum 30-mesh mivel screen and shall be similar to Bailey No. 100B or approved equal. I. Check Valves (1) Swing check valves 2" and smaller shall be 200 lb. W.O.G. bronze construction with replaceable composition, neoprene or rubber disc and shall meet or exceed Federal Specifica- tion WW-V-51d, Class A. Type IV. (2) Anti -drain valves shall be of heavy-duty virgin PVC construc- tion with F.I.P. thread inlet and outlet. Internal parts shall be stainless steel and neoprene. Anti -drain valves shall be field adjustable against drawout from 5 to 40 feet of head. Anti -drain and excess flow valve shall be similar to the Valcon "ADV" or approved equal. J. Gate Valves (1) Gate valves 3" and smaller shall be 125 lb. SWP bronze gate valve with screw -in -bonnet, non -rising stem and solid wedge disc, and shall conform to Federal Specification WW-V-54, Type I, Class A. (2) Gate valves 3" and smaller shall have threaded ends and shall be equipped with a bronze handwheel. (3) Gate valves 3" and smaller shall be similar to those manufac- tured by Hammond (609 Series) or approved equal. K Control Wiring (1) The electrical system shall be installed in accordance with the National Electrical Code most recently adopted by the City. Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG-U.F. 600 volt. Pilot wires shall be a dif- ferent color wire for each automatic controller. Common wires shall be white with a different color stripe for each automatic controller. Install in accordance with valve manufacturer's specifications and Wire chart. In no case shall wire size be less than No. 14. ' (2) Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. (3) Where more than one wire is placed in a trench, the wiring shall be taped together at intervals of 10 feet. (4) An expansion curl should be provided within 3 feet of each wire connection and at each change in direction. Expansion curls shall be formed by wrapping at least 5 turns of wire around a 1" diameter pipe, then withdrawing the pipe. - 576 Connector Lok No 3 Al splices shall be made with S co tch (5) 1 Sealing Packs, Pen-Tite wire connector or approved equal. Use one splice per connector sealing pack. (6) Field splices between the automatic controller and electrical control valves will not be allowed without prior approval of Owner and/or City. L. Automatic Controller (1) The automatic controller shall have the minimum number of m letel n hall be co h drawings s Y indicated on t e P stati ons as9 automatic in operation. It shall electronically start the sprinkler cycle and electronically time the individual stations. Controller and valve shall be by the same manufacturer. (2) The controller shall have a standard 117-volt, 60-cycle power input and 26.5-volt, 2.2-amp output. (3) The controller shall have a 14-day programming and be capable of automatically starting a watering cycle at any time on the hour for 23 hours per day. (4) Each station shall have an off switch for zero time and individual timing control for 2 to 60 minutes for each station. (5) Each station shall have an off switch for eliminating one or more stations from the automatic timing sequence or for initi- ating a repeat cycle on any or all stations after the normal watering cycle has been completed. (6) It shall be possible to operate the controller manually and to select and operate manually any station. (7) Controller shall be equipped with a reset circuit breaker, and shall be housed in a locking, weatherproof cabinet with a pedestal mount. (B) The controller shall have as standard built-in features an electrical circuit for booster pump operation and an elec- trical circuit for master valve operation. (9) Automatic controllers shall be as called out on the drawings. N. Outdoor Automatic Controller Enclosure (1) All automatic sprinkler controllers installed outside of a building shall be wall mounted within a vandal resistant automatic controller enclosure. (2) The (outdoor controller enclosure shall 6e either Type "A"or Type "B", made of vandal resistant 3/16" steel plate and 10-gauge sheet metal as manufactured by Le Meur Welding and Mfg. Co., R. A. Campbell Co., or approved equal. Enclosures shall be equipped with sliding doors. (3) Paint controller enclosure completely inside and out with two coats of rust resistant paint prior to installation of auto- notic controller. Color and type to be selected by Owner. 0. Control Valve Boxes (1) Use 9" X 24" round box for all gate valves, Brooks No. 9 or approved equal. (2) Use 9-1/2" X 16" X 11" rectangular box with green bolt -down cover for all electrical control valves, Carson Industries 1419-128 or approved equal. P. Sprinkler Heads (1) General a. All sprinkler heads shall be of the same size, type and shall deliver the same rate of precipitation with the diameter (or radius) of throw, pressue and discharge as shown on the plans. _ b. ,x Spray heads shall have -a screw adjustment. _ c. Riser units shall be fabricated in accordance with, the details shown on the plans. - d. -Riser nipples for all sprinkler heads shall be the 'saw size as the riser opening in the sprinkler body. e. All sprinkler heads of the same type shall be of the same manufacturer. 4. INSYALLATION PROCEDURES A. Site Conditions (1) Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damages to utilities which are caused by his operations or neglect. Check existing utility drawings for existing utility locations. (2) Coordinate installation of sprinkler irrigation materials, including pipe, so there shall be NO interfence with utilities or other construction or difficulty in planting trees, shrubs and ground covers: (3) The Contractor shall carefully check all grades to satisfy himself that he may safely proceed before starting work on the sprinkler irrigation system. B. Water Supply supply (1) Sprinkler irrigation system shall be connected to water pp y points of connection as indicated on the drawings. (2) Connections shall be made at approximate locations as shown on drawings. Contractor is responsible for minor changes caused by actural site conditions. C. Electrical Supply (1) Electrical connections for automatic controller shall be made to electrical points of connection as indicated on the drawings. (2) Connections shall be made at approximate locations as shown on drawings. Contractor is responsible for minor changes caused by actual site conditions. D. Trenching (1) Dig trenches straight and support pipe continuously on bottom of trench. Lay pipe to an even grade. Trenching excavation and as noted. shall follow layout indicated on drawings Y (2) Provide a minimum of 24" of cover for all pressure supply lines 3" and 4" in size. (3) Provide for a minimum of 18" of cover for all pressure supply lines 2-112" and smaller. (4) Provide for a minimum cover of 12" for all non -pressure lines. (5) Provide for a minimum cover 18" for all control wiring in conduit, and 24" for direct burial cables. E. Backfilling (1) The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large clods of earth or stones. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, , humps or other r surface irregularities. ularities. (2) A fine granular material backfill will be initially placed on all lines. No foreign matter larger than 112" in size will be permitted in the intial backfill. (3) Flooding of trenches will be permitted only with approval of Owner and/or City. (4) If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments without cost to the Owner. F. Trenching and Backfill Under Paving (1) Trenches located under areas where paving, asphaltic concrete, or concrete will be installed shall be backfilled with sand (a layer 6" below the pipe and 3" above the pipe) and com- pacted to equal the compaction of the existing adjacent undis- turbed soil and shall be left in a firm unyielding condition. All trenches shall be left flush with the adjoining grade. The Sprinkler Irrigation Contractor shall set in place, cap, and pressure test all piping under paving prior to the paving work. (2) Generally, piping under existing walks is done by jacking, boring or hydraulic driving; but where any cutting or breaking of sidewalks and/or concrete is necessary,it shall be done and replaced by the Contractor as part of the contract cost. Permission to cut or break sidewalks and/or concrete shall be obtained from the Owner and/or City. No hydraulic driving will be permitted under concrete paving or A.C. paving. (3) Provide for a minimum cover of 18" between the top of the pipe and the bottom of the aggregate base for all pressure and non - pressure piping installed under asphaltic concrete paving. All 40 PVC. sleeves under paving shall be Schedule G. Assemblies (1) Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install lines (and various as- semblies) in such a manner as to conform with the details per plans. (2) Install NO multiple assemblies on plastic lines. Provide each assembly with its own outlet. (3) Install all assemblies specified herein in accordance with respective detail. In absence of detail drawings or speci- fications pertaining to specific items required to complete work, perform such work in accordance with best standard practice with prior approval of the Owner. (4) PVC pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. (5) On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape, or approved equal, shall be used on all threaded PVC to PVC and on all threaded PVC to metal joints. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. D f H. Line Clearance All lines shall have a minimum clearance of 6" from each other and from lines of other trades. Parallel lines shall not be installed directly over one another. I. Automatic Controller Install as per manufacturer's instructions. Remote control valves shall be connected to controller in numerical sequence as shown on the drawings. J. High Voltage Miring for Automatic Controller tl) 120-volt power connection to the automatic controller shall be provided by the Irrigation Contractor. (2) All electrical work shall conform to local codes, ordinances and uniol authorities having jurisdiction. K. Remote Control Valves o Install where shown on drawings and details. When grouped together, , allow at least 12" between valves. Install each remote control valve in a separate valve box. L. Flushing of System (1) After all new sprinkler pipe lines and risers are in place and connected, all necessary diversion work has been com- pleted, and prior to installation of sprinkler heads, the control valves shall be opened and a full head of water used to flush out the system. (2) Sprinkler heads shall be installed only after flushing of the system has been accomplished to the complete satisfac- tion of the Owner. M. Sprinkler Heads (1) Install the sprinkler heads as designated on the drawings. Sprinkler heads to be installed shall be equivalent in all respects to those itemized on plans and in details. (2) Spacing of heads shall not exceed the maximum indicated on the drawings. In no case shall the spacing exceed the maxi- mum recommended by the manufacturer. N. Existing Trees Where it is necessary to excavate adjacent to existing trees, the Contractor shall use all possible care to avoid injury to trees and tree roots. Excavation in areas where 2" and larger roots occur shall be done by hand. All roots 2" and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap to prevent scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than 2" in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through. Roots 1" and larger in diameter shall be painted with two coats of Tree Seal or equal. Trenches adjacent to trees should be closed within 24 hours; and where this is not possible, the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas. 0. Field Quality Control Adjustment of the System: (1) The Contractor shall flush and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, road- ways, and buildings as,much as possible. (2) If it is determined that adjustments in the irrigation equip- ment will provide proper and more adequate coverage, the Con- tractor to Ad- meritsplanting. h adjust 11 make such P Ad- just ments shall J and deg rees justments may also include changes in nozzle sizes 9 of arc as required. (3) Lowering raised sprinkler heads by the Contractor shall be accomplished within 10 days after notification by Owner. (4) All sprinkler heads shall be set perpendicular to finished grades unless otherwise designated on the plans. Testing of Irrigation System: (1) The Contractor shall request the presence of the Owner at least 48 hours (Z working days) in advance of testing. (2) Test all pressure lines under hydrostatic pressure of 150 lbs. per sq. inch and prove watertight. Note: Testing of pressure main lines shall occur prior to installation to electric control valves. (3) All piping under paved areas shall be tested under hydro- static pressure of 150 lbs. per sq. inch and proved water- tight prior to paving. (4) Sustain pressure in lines for not less than 2 hours. If leaks develop, replace joints and repeat test until entire system is proven watertight. (5) All hydrostatic tests shall be made only in the presence of the Owner. No pipe shall be backfilled until it has been inspected, tested and approved. (6) Furnish necessary force pump and all other test equipment. (7) When the sprinkler irrigation system is completed, perform a coverage test in the presence of the Owner to determine if e and ad equate. uate. is complete in areas 9 the water coverage for planting P Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviations from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate, without bringing this to the attention of the Owner. This test shall be accom- plished before any ground cover is planted. (8) Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements. P. Field Observation Schedule (1) Contractor shall be responsible for notifying Owner in advance for the following field observations according to the time indicated: a. Pre -job conference - 2 days b. Pressure supply line installation and testing - 2 days c. Coverage tests - 2 days d. Final field observation - 2 days (2) No work shall be backfilled until all field observations and testing has been completed and approved by the Owner. Q. Maintenance " (1) The entire sprinkler irgation system shall be under full automatic operation fo a period of 7 days prior to any planting. (2) The Owner reserves the right to waive or shorten the operation period. (3) Landscape irrigation system shall be fully maintained by the Contractor for a period of 90 days prior to final acceptance by the Owner. This period may be extended if the maintenance provisions are not met. R. Clean -Up Clean-up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage sustained on the work of others shall be repaired to original conditions. S. Final Field Observation Prior to Acceptance (1) The Contractor shall operate each system in its entirety for the Owner at time of final field inspection. Any items deemed not acceptable shall be reworked to the complete -satisfaction of the Owner. (2) The Contractor shall show evidence that the Owner has received all accessories, charts, record drawings g and equipment as required before final field observation can occur. (3) End of maintenance shall occur only on the written acceptance by the Owne r. u //`` �WE� VAN DSCAPFq� /��;co �NSUNA44. Jj J. `r O y &eria[ure T Date �l9TEOF CAI'�nP?�' V• V Z Z Y w.r r ^' M— b., W 2 vi wof^ _/ W a� 0 .0N I� UQ w WQ �- U UW IL U U UN UF� Q11 wmN as r W ZwO� za. %03I'D �r�r^^W.r Oa . rU Iz z U0 _ 0<P FSo m z0 QQ0 U0M as W �W� W m2N x 1 1- e� V ` � Z w 3 Q OC U W = W R. Q U JOB NUMBER 01 CIV6;r" SHEET NUMBER L- 5 OF 9 SHEETS 0 b i izMINUS C 0-P' VJ KL- L!Jt2 1HI=M-F-- 1 .fir P N ^��0 1 O 1 i i S e� �! _ ?T� �o •� `� x�76.2A 6. 2 A ' N ! i 7Jr•, (j / -- -- •yi�-- � ' —R-; eft �� \. \ \` 1 IL \ mph' N i \8 W \Ni s n'7 f .-_. .` p� .._ V_ i`-.i -`•. ---- •1_ V! �` W 1 Z W 0 2 �4 17 0 P11112053AVI ` � z P--Z04. 3 AVG. 1Ch �4r 75 \21 dim fV\— —�— — �� AV P=2o6. i M. r l 1 E ES 51 � � , e�,- � C U R � .. + 'Y 1C µ LY � �C =- 1 C __LiN tn , '—"• .a, -. iV% p�_yy/•^"y , /� ` \, 1•`• ` r _ 111111111111111 IIIII I I UIII • .l - , • 1 \ 1 Haw W 1 �� — - , 1 \� SAP • �,vu.1T C� N c©N U p � F- �r coN �u� N� vv� �- Na•�- qua C15�lot� s r r 2 c }-I•{r� Mrx LOCATE STREET TREES 2' MIN. FROM BACK OF SIDEWALK 71. WIII 41 V -1 SID TALC i SEE DETAIL - 1 ; MEET L�4) 9- 1_1b iK � �t5_ >�.i G - p� �� s L13CATE FENC 15' MA .FROM SIDEW LK J AG - HIaLm 4 - qH Hnl, a41 OC�x (,- M`i0 GAR �15 b•l-) 5- 054/i Z - I' -I H6.� (Z411 �t i S 6A H&L- (Z�{ C� - pl H I -tom.-• CZ4n 1�� NOTE: All chain link fence shall be vinyl coated, color to be selected by Owner. !dire shall be 9 gauge. Structural posts shall be located at all cornersstarts , , , stops and gates. Tubing posts shall be located along the lineal parts of the fence, at no more than 10' on center. NORTH All posts shall be 2' into the ground with concrete footing 9" dia. x 18" SCALE ■ 111=20'-d deep, minimum. *Contractor shall contact Landscape Architect and Developer prior to construction to verify planting and irrigation in and around construction ' access gates. - - �DNANDSCgpe © .Each City -approved street tree (Eucalyptus A Contractor shall contact Engineer « City-----,- q9c Citriodora only) shall receive one deep representative before beginning any work �ci �N Sul ti�f root control planter, Model #22-29-18P, on sidewalks and curb access ramps_ available from Deep Root Corp,,,7634 Bolsa,- _ Contractor shall also refer to engineer- z' % Westminster, CA. 92683:�T Z raj sI�YrP ing drawings prior to construction. Landscape Architect shall supervise installation of all trees. Date �TgTE 0 CA=',�q?!' N 0a o a a J) W 0 H W W QN .0 vIli'W zU LL u U Uw� a0m� EL W w 0 .zza^ > 0 r W OC W Z.r Z C 0U ZU0 IZ ,. OWE 2 cc 0- 0- vaIL W o 2N mUj a r� "a e N L2 Z ]C Q W V G JOpB.gNUMBER . SHEET NUMBER L 6 OF q SHEETS pr, / to .0N a co u ix ' U Z� w LLU� V11WN _a 0 wWoto. IL ZZa >03� W Z �toZ �W , 3 c ' 0U zu0 IZ 0WU zm] Q110 Uaa W H W o m2N 11 v 11� �:��:Z:� 1717 Z 3 W f� Q � U W = W H Q o u JOB �QOOUD NUMBER . SHEET NUMBER L— 7 OF q SHEETS of VM If /_ Lo .ON 0 Eo m VC V FU w LL U U U�WN aoomc� Ww0� F Z2a > 0wIr Z �tozr 3 0U wZ Oa° }mU z 0 QCE0 Uaa. U fun3w _ m2(n a y 1� nl .l , . mill 13 w a 1 `+ 11 : 1y ,� Z m Q Y U W w H OC o = v Q � JOB NUMBER SHEET NUMBER OF 9 SHEETS 1 : • ,r i' S •a yt :. Y.i vn .::., _.5 .� > . .. u. -.'4 ,: t tirs ..w: �: , .: '. �. a v, 5 ''::i: , S , ,. ':e 5 x x4 :: I t � 1 .d 1,.. , -: Y.. .. PLANTING SPECIFICATIONS S A. Weed Eradication Procedures I ----— HYDROSEEDING SPECIFICATIONS ,w�� � � � � „..,^. 1. Manually remove all existing vegetation and dispose 'i)° (x{�N� .N +fp�Gzpµ/h of it off site. A. Hydroseed Mix �.� 2. Fertilize all planting areas with fertilizer based on Hydroseed mulch shall be amended to suit specific site conditions, Soil Labs recommendations. Add any and all soil amend- if necessary. The mix shall be applied to all slope areas directly ments as required per soil analysis. Begin watering after the installation of all plant materials, as final dressing. SOIL t process to activate fertilizer and additive chemicals. _ II V�FiIi>✓f'll� ®��� 1. Site Hydroseed Mix_ �1 �.�� �M�NDRIMQ NIL� 3. Water all planting areas thoroughly and continuously Mix #1 'I �L�v n v� �fE � O � L � designed ry for a period of two (2) consecutive weeks. Landscape N Architect shall ap prove specific watering duration and Lathenia Chstoma 8 lbs/acre _ - ,frequency program designed to germinate all residual weed seeds. Lupinus Texensis 8 lbs/acre R,ta�� �l� 43-e L6E� I O'Conner's Legume 8 lbs/acre P��jj� 4. Discontinue watering process for two (2) days. Then Mimulus (Red/orange/yellow) 4 lbs/acre t � V� apply a non -selective systemic herbicide if perennial Encelia'Californica '4 lbs/acre i IMF - weeds appear on the slopes. The type of chemical to be used will be determined by a licensed pest control advisor. If annual weeds appear, use straight contact herbicide, as per pest control advisor's recommendations. No water shall be applied for a minimum of four (4) days following application of contact weed killer. 5. Allow sufficient period of time to insure that all weeds ' are dead. 6. Water all planting areas thoroughly and continuously for a period of three (3) weeks. A shorter watering period may be permissible at the discretion of the Landscape Architect and/or his pest control advisor. Discontinue application of herbicide spraying. Re -apply the spraying operation with a straight contact week kille,• as per pest control advisor's recommendations. Allow a mini,;;im of four (4) days without irrigation for effective final .:-ed kill. 7. Clear all desiccated weeds from the slope to the finished grade. 8. Water all planting areas thoroughly and continuously for three (3) consecutive days to saturate upper layers of soil prior to hydroseeding operation. 9. Then allow planting areas soil surface to dry out for one day only, prior to Lhe hydroseedinq application. Care must be taken to not allow the soil surface to be super saturated with water prior to the hydrosee_ing installation. At the same time the soil surface should not be bone dry. There should be some residual moisture li:thin the first .1/4" of soil surface. 10. Begin the hydroseeding operation on all areas as specified. 3. Planting For trees and shrubs on the slopes the planting pits should be ' excavated twice the diameter and the exact depth of the root ball. The backfill mix for use around the root ball can consist of the following formula: r 6 parts by volume on -site soil 4 parts by volume nitrogen stabilized wood residual 1 lb. 12-20-0 per cu.yd. of mix 10 lbs. Agricultural gypsum per cu.yd. of mix 2 lbs. Iron sulfate per cu.yd. of mix While the IBDU is a slow release nitrogen fertilizer, it may be necessary to make supplemental dry fertilizer applications during the establishment period. If this is the case, ammonium sulfate, which will have an acidifying effect on the soil, should be uniformly broadcast over dry slope areas at the rate of 5 lbs. per 1,000 sq.ft. and followed with a normal irrigation at each fertilizing period. C. Mulching Mulch all planting pits of container grown plants with a 1" thick layer of Sequoia Forest Humus. D. Gro_ Power Planting_ Tablets (See detail at right) E. Staking Stake all trees as detailed at right. Stake all shrubs on slope areas with (1) Dld.w Ta4E L4Dstake marker. Install 6" deep into surface leaving 18' exposed. F. Maintenance After all work has been co!n,:�_ted, inspected and accepted, all areas ` shall be maintained for a period of ninety (90) calendar days or as long as is necessary to establish thriving shrubs and trees, without bare spots. Water slopes regularly to maintain the moisture in the soil, at all times. Apply 25 lbs. of Gro Power Plus, analysis 5-3-1, per 1,000 sq.ft., approximately thirty (30) days after initial planting. Replace all dead cuttings and plants at regular intervals until the entire site is in good crowing condition. The Contractor shall request a final inspection seven (7) days prior to the end of the maintenance period. This request shall be written and directed to Owner and Landscape Architect. Upon acceptance of the project, the Contractor shall be relieved of further maintenance. G. Guarantee All shrubs and ground covers shall be guaranteed to live and groly for a period of ninety (90) days after the end of the _ maintenance period. Trees shall be guaranteed for one year. Any material that fails to grow through the specified guarantee and maintenance periods, shall be replaced by the Contractor at no cost to the Owner. Atriplex Corto 15 lbs/acre 2. Ingredients for Hydroseed Mix 2,500 lbs/acre Conweb Fibre 300 lbs/acre 16-20-0 Ammonium Phosphate 300 lbs/acre IBDU 100 lbs/acre Soil Sulfur 500 lbs/acre Agricultural Gypsum 3. Application a. Equipment: Hydraulic equipment for the application of the fertilizer seed and slurry prepared wood pulp, shall be of the 'Super Hydro -Seeder' type, as approved by the Engineer. This equipment shall have a built-in agitator system and operating capacity sufficient to agitate, suspend and homogenously mix a slurry containing not less than 40 lbs. of fibre mulch plus a combination of 7 lbs. fertilizer solids for each 100 gallons of water. The slurry distribution lines shall be large enough to prevent stoppage and shall be equipped with a set of hydraulic spray nozzles which will place the slurry tank and spray nozzles within sufficient proximity to the areas to be seeded. b. Preparation: The slurry preparation shall take place at the site of work and shall begin by adding water to the tank when the engine is at half throttle. When the water level has reached the height of the agitator shaft, good re -circulation shall be established and at this time the seed shall be added. Fertilizer shall then be added, followed by the wood pulp mulch. The wood pulp mulch should only be added to the mixture after the seed and when the tank is at least one-third filled with water. 4. Maintenance of Hydroseeded Areas Once the slurry mulch has been applied and allowed to set for one' day, the areas can be irrigated. The soil surface must be kept moist at all times during the germination period to avoid destication of seedlings. At the end of the forty-five (45) days, apply 300 lbs/per acre of 16-8-8 fertilizer to all hydroseeded areas. The Contractor shall maintain all slope areas for ninety (90) days. Re -seed all creas that fail to even germination. Repair all eroded surfaces at no cost to the Owner. 5. Hydroseed Lawn Hydroseed/ea areas designated as 'lawn' Hydroseedrials: a. Wood Close Fibre shall be ' onweb Pulching Fibre'. Use 2,bs (dry weight) p acre. b. Fertilshall be 500 1 . Gro Power Plus and 500 lbGro Power Co rolled Release, per acre. c. Chemicditives sh 1 be Gro Tech EA 11044, Soil Slant at lbs. per acre. d. Seed Mall b •larren's Sow & Grow Bluegrass Mix. Blend:A- (Bensun) Kentucky Bluegrass, 60:, Dei leaf perennial rye grass, 10Paradecky Bluegrass, 4 lbs/per 1,000 s.f. or 175acre.Appl;cat;oOMIT LAWN The operator shall spray the lawn areas with a un" orm, visible coat by using the green color or the wood pulp a a guide. The slurry shall be applied in a sweepinn moti , in an arched stream, so as to fall allowing the wood fibr to build on each other, until a good coat is achieved a the material is spread at the required rate, per acre. R ve all fibre and seed applied to all concrete surfaces, tern, plants, streets, shrub areas and walls. Leave site bro -clean. 6. Guarantee Hydroseed and ground cover shall be guaranteed to grow for a period of ninety (90) days after the end of the maintenance period. Trees shall be guaranteed to grow for one year. Any material that fails to grow through the specified guarantee period, shall be replaced by the Contractor at no cost to the Owner. PL TREES EUC CT_,T LUCALYPTUS CITRIODOP,A Q LEMON SCENTED GUM PI'i HAL PINUS HALEPEN`IS ALEPPO PIiIE SHRUBS ESC FRA ESCALLONIA FRADESII PINK ESCALLONIA HAK SUA HAKEA SUAVEOLENS, NEEDLEBUSH LAN MON LANTANA MONTEVEDENSIS LANTANA MYO CAR MYOPORUM LAETUM 'CARSONIIi MYOPORUM GROUNDCOVER ACA ONG ACACIA ONGERUP ACACIA ST i GUY STAKING SPECIMENS FOR 24" GRO-POWER PLANTING TABLETS FOR CONTAINER -GROWN PLANTS 1 GALLON CONTAINER RECEIVES 2-3 TABLETS 3 GALLON CONTAINER RECEIVES 3-6 TABLETS 5 GALLON CONTAINER RECEIVES 6-9 TABLETS 7 GALLON CONTAINER RECEIVES 8-10 TABLETS 10 GALLON CONTAINER RECEIVES 10-12 TABLETS 15 GALLON CONTAINER RECEIVES 12-15 TABLETS 20" - 24" BOX RECEIVES 14-16 TABLETS 3 30" BOX RECEIVES 16-18 TABLETS 36" BOX RECEIVES 18-20 TABLETS 42" BOX RECEIVES 20-22 TABLETS 48" BOX RECEIVES 22-24 TABLETS 60" BOX RECEIVES 32-36 TABLETS LARGER S''ES: FOR EACH 1/2" CAL�p,�ER USE: 3-4 TABLETC PLANTING LEGEND �aNbGfJ��•2 ,.. / pt'-�• oN�' @ 8' oa 9 GENERAL NOTES NOTE Contractor shall install all plant material as indicated on plans and specifications. Every^shrub occuring on slope areas shall be staked with one 1/2" dia. white schedule 40 PVC pipe for identification purposes. Install 6" deep into surface leaving 18" exposed. Contractor shall allow for 100 1-gallon Acacia ongerup to be installed at 8-10' on center, around proposed shrubs and tree-, 0—%;n or: plan All chain link fence shall be vinyl coated color to be selected by Owner. mire shall be 9 gaLge. Structural posts shall be located at all corners, starts, stops and gates. Tubing posts'shall be located alond the lineal parts of the 'fence, at no more than 10' on center. All posts shall be 2' into the ground with concrete footing 9" dia. x 18" deep, minimu; . Fach City -approved street tree (Eucalyptus Citriodora only) shall receive one deep root control planter, Model #22-29-18P, available from Deep Root Corp.,7534 Bolsa, Westminster, CA. 92683. Landscape Architect shall supervise installation of all trees. 1, IN el I 1.r .__LI w,1 . SHR y E F� L►A'� L AtL, 45 s .�yG.LYSIS , /7M /JK PW T(7 1 wo M qE�_ �N Lltgf�+IcNi+�HorE D7c c��vh/�I TREE PLANTING S Gt 9ADE CING TREE ING 4�V�' ,o�N SJMMf `, CD $rs,wae Date �J9Tf Of CALIi���\P TREE 9k W .ON o�Ql U�U Vz PU UF-Q1 a 0m" WW�� EL Zza� > 0 � r. to t11 Z n C 0< z0 w }WU Z� Q o va Cc '- (3 W F- m2N a 1 _ r i JOB NUMBER Pga;Z; t SHEET NUMBER L-9- FOR 15 GALLON BEET TREE a w I WHEN RECORDED MAIL TO: The Irvine Company 550 Newport Center Drive - P.O. Bo Newport Beach, California 92660-99 ATTENTION: Builder and Land Management Community Development Divis ' RECEIVEO� Planning Departmetnt �fAY 8 1985 CITY OF NEWPORT EEACN. CALIF. CoOG'%, Above Space for Recorder's Use Only DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS CANYON FAIRWAY ORANGE COUNTY, CALIFORNIA Tract 10814 Table of Contents s Page Number RECITALS ................................................................ R-1 ARTICLEI - DEFINITIONS ............................................... 1-1 Section 1 - Applicable Voting Power ................................... Section 2 - Architectural Committee ................................... Section 3 - Articles and'Bylaws....................................... Section 4 - Assessments ............................................... Section 5 - Association ............................................... Section 6 - Association Rules ......................................... Section 7 - Board ..................................................... Section 8 - City ...................................................... Section 9 - Common Expenses ........................................... Section 10 - Community Facilities ...................................... Section 11 - Covered Property .......................................... Section 12 - Custom Lot Declaration .................................... Section 13 - Development ............................................... Section 14 - Exhibit ................................................... Section 15 - Family .................................................... r Section 16 - Federal Agencies .......................................... Section 17 - Final Subdivision Public Report ........................... Section 18 - Governing Instruments ..................................... Section 19 - Improvement ............................................... Section 20 - Master Association ............................ :........... Section 21 - Master Declaration ........................................ Section 22 - Member ...........................,......................... Section 23 - Mortgage .................................................. Section 24 - Mortgagee ................................................. Section 25 - Owner :.................................................... Section 26 - Residence ................................................. Section 27 - Supplementary Declaration ................................. ARTICLEII - MEMBERSHIP ................................................. 2-1 Section 1 - Membership ................................................ Section 2 - Transfer .................................................. Section 3 - Voting Rights ............................................. Section 4 - Classes of Voting Membership .............................. Section 5 - Special Voting Rights of Members Other Than Declarant..... Section 6 - Approval of All Members ................................... Section 7 - Approval by Each Class of Members ......................... (i) CC&R's BAD69d Canyon Fairway Community Association (6-b-34) Table of Contents (Continued) Page Number ARTICLE III - COVENANT FOR MAINTENANCE ASSESSMENTS ...................... 3-1 Section 1 - Creation of the Lien & Personal Obligation of Assessments Section 2 - Purpose of Assessments .................................... Section 3 - Regular Assessments ....................................... Section 4 - Capital Improvement Assessments ........................... Section 5 - Assessment Allocation ..................................... Section 6 - Certificate of Payment .................................... Section 7 - Exempt Property ........................................... Section 8 - Special Assessments ....................................... Section 9 - Cable Television Service Assessment ....................... Section 10 - Date of Commencement of Regular Assessments ............... Section 11 - No Offsets ................................................ Section 12 - Homestead Waiver .......................................... Section 13 - Reserves .................................................. ARTICLEIV - NONPAYMENT OF ASSESSMENTS ................................. 4-1 Section 1 - Delinquency ............................................... Section 2 - Enforcement by Suit ....................................... Section 3 - Enforcement by Lien.... .................................... Section 4 - Subordination to Certain Trust Deeds ...................... ARTICLE V - ARCHITECTURAL CONTROL ..................................... 5-1 Section 1 - Appointment of Architectural Committee .................... Section 2 - Review of Plans and Specifications ........................ Section 3 - Special Restriction Upon the Construction of Improvements - Lots 2, 3, 11 and 12..................... Section 4 - Custom Lot Declaration .................................... Section 5 - Meetings of the Architectural Committee ................... Section 6 - No Waiver of Future Approvals ............................. Section 7 - Compensation of Members ................................... Section 8 - Appeal .................................................... Section 9 - Inspection of Work ........................................ Section 10 - Nonliability of Members ................................... Section 11 - Nonapplicability to Declarant ............................. Section 12 - No Representation of View ................................. Section 13 - .General Provisions ........................................ ARTICLE VI - DUTIES AND POWERS OF THE ASSOCIATION ...................... 6-1. Section 1 - General Duties and Powe'rs.................................. Section 2 - General Limitations and Restrictions on the Powers of the Board ....................... :........................... Section 3 - Association Rules ......................................... Section 4 - Pledge of Assessment Rights ............................... ARTICLE VII - REPAIR AND MAINTENANCE .................................... 7-1 Section 1 - Repair and Maintenance by Association ..................... Section 2 - Repair and Maintenance by Owner ........................... Section 3 - Right of Association to Maintain and Install .............. Section 4 - Standards for Maintenance and Installation by Association and Owner .... .................. ......:...... Section 5 - Right of Entry... ............................ Section 6 - Maintenance of Public Utilities ........................... Section 7 - Assumption of Maintenance Obligations ..................... ARTICLEVIII - INSURANCE ................................................. 8-1 Section 1 - Types ..................................................... Section 2. - Waiver by Members....................... a ................... Section 3 - Other Insurance ........................................... CC&R's BAD69d Canyon Fairway Community Association (6-6-84) U Table of Contents (Continued) Page Number ARTICLE VIII - INSURANCE (cont'd) Section 4 - Premiumst Proceeds and Settlement ......................... Section 5 - Annual Insurance Review ................................... Section 6 - Abandonment of Replacement Cost Insurance ................. Section 7 - Federal Requirements ...................................... ARTICLE IX - DESTRUCTION OF IMPROVEMENTS ............................... 9-1 Section 1 - Duty of Association ....................................... Section 2 - Automatic Reconstruction .................................. Section 3 - Vote of Members ........................................... Section 4 - Excess Insurance Proceeds ................................. Section 5 - Use of Reconstruction Assessments ......................... Section 6 - Approval by First Mortgagees .............................. ARTICLEX - EMINENT DOMAIN ............................................ 10-1 Section 1 - Definition of Taking ....................................... i Section 2 - Representation by Board in Condemnation Proceeding........ Section 3 - Inverse Condemnation.. .............. 0...................... Section 4 - Award for Community Facilities ............................ Section 5 - Approval by First Mortgagees .............................. ARTICLE XI Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 13 Section 14 Section 15 Section 16 - USE RESTRICTIONS .......................................... 11-1 - Commercial Use ............................................ - Signs ..................................................... - Nuisance .................................................. - Temporary Structures ...................................... - Vehicles .................................................. - Animals ................................................... - Oil and Mineral Rights .................................... - Unsightly Items ........................................... - Antennae .................................................. - Drainage .................................................. - Garages ................................................... - Window Covers ........................ 40,.y:..►............... - Single -Family Residential .........................•........ - Fences and/or Walls ....................................... - Insurance Rates ........................................... - Further Subdivision ....................................... ARTICLEXII - RIGHTS OF ENJOYMENT ....................................... 12-1 Section 1 - Members' Right of Enjoyment ............................... Section 2 - Delegation of Use ......................................... Section 3 - Waiver of Use ...........................-.................. ARTICLEXIII - EASEMENTS ................................................. 13-1 Section 1 - Amendment to Eliminate Easements .......................... Section 2 - Nature of Easements ....................................... Section 3 - Certain Rights and Easements Reserved to Declarant.:...... Section 4 - Certain Easements for Owners .............................. Section 5 - Certain Easements for Association ......................... Section 6 - Creation of Easements ..................................... ARTICLEXIV - ANNEXATIONS ............................................... 14-1 Section 1 - Annexation Pursuant to Approval ........................... Section 2 - Supplementary Declarations ................................ Section 3 - Mergers or Consolidations .................................. CC&R's BAD69d Canyon Fairway Community Association (6-6-84) P Table of Contents (Continued) Page Number ARTICLEXV - RIGHTS OF LENDERS ......................................... 15-1 Section 1 - Filing Notice; Notices and Approvals ...................... Section 2 - Priority of Mortgage Lien ................................. Section 3 - Curing Defaults ........................................... Section 4 - Resale .................................................... Section 5 - Relationship with Assessment Liens ........................ Section 6 - Seventy -Five Percent (75%) Vote of First Mortgagees....... Section 7 - Other Rights of First Mortgagees .......................... Section 8 - Mortgagees Furnishing In£ormation ......................... Section 9 - Right of First Refusal .................................... Section 10 - Conflicts ................................................. Section 11 - Notice of Destruction or Taking. .. .................. Section 12 - Payment of Taxes or Premiums by First Mortgagees.......... ARTICLEXVI - GENERAL PROVISIONS ........................................ 16-1 Section 1 - Enforcement............. ................................... Section 2 - No Waiver....; ............................................ Section 3 - Cumulative Remedies ....................................... Section 4 - Severability.............................................. Section 5 - Covenants to Run With the Land; Term ...................... Section 6 - Construction .............................................. Section 7 - Singular Includes Plural .................................. Section 8 - Nuisance .................................................. Section 9 - Attorneys' Fees ........................................... Section 10 - Notices ................................................... Section 11 - Obligations of Declarant .................................. Section 12 - Effect of Declaration.... o ................................ Section 13 - Choice of Law and Conflicts ............................... Section 14 - Personal Covenant ......................................... Section 15 - Nonliability of Officials, .............................. Section 16 - Enforcement of Bonded Obligations ......................... Section 17 - Leases .................................................... Section 18 - Construction By Declarant ................................. Section 19 - Amendments ................................................. Section 20 - Exemption of Public Property .............................. EXHIBITS: A - Covered Property B - Community Facilities C - Association Maintained Slope Areas D - Maintenance of Private Sewers and Storm Drains E - Big Canyon Community Association M CC&R's BAD69d (iv) Canyon Fairway Community Association (6-6-84) I DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS CANYON FAIRWAY ORANGE COUNTY, CALIFORNIA THIS DECLARATION is made this SCE day of , by The Irvine Company, a Michigan corporation. Said corporation, 1 suc esso s and assigns, shall hereafter be referred to as "Declarant" or " rvine". R E C I T A L S A. Declarant is the fee owner of the real property described in Exhibit A to this Declaration, which shall be the initial Covered Property under this Dec- laration. This Declaration is being imposed by Declarant upon the Covered Pro- perty. B. Declarant has deemed it desirable to establish covenants, conditions and restrictions upon the Covered Property and each and every portion thereof, which will constitute a general scheme for the management of the Covered Property, and for the use, occupancy and enjoyment thereof, all for the purpose of enhancing and protecting the value, desirability and attractiveness of the Covered Property and enhancing the quality of life within the.Covered Property. C. It is desirable for the efficient management of the Covered Property and the preservation of the value, desirability and attractiveness of the Covered Property to create a corporation to which should be delegated and assigned the powers of managing the Covered Property, maintaining and administering the Commu- nity Facilities and administering and enforcing these covenants, conditions and restrictions and collecting and disbursing funds pursuant to the assessment and charges hereinafter created and referred to and to perform such other acts as shall generally benefit the Covered Property. D. Canyon Fairway Community Association, a nonprofit mutual benefit corpo- ration, has been incorporated under the laws of the State of California for the purpose of exercising the powers and functions aforesaid. E. Declarant will hereafter hold and convey title to all of the Covered Property subject to certain protective covenants,.conditions and restrictions hereafter set forth. NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of itsr interest as the same may from time to time appear in the Covered Property shall be held and conveyed subject to the following covenants, conditions, restrictions and easements which are hereby declared to be for the benefit of said interests in the Covered Property, and the owners of said interests, their successors and assigns. These covenants, conditions, restrictions and easements shall run with said interests and shall be binding upon all parties having or acquiring any right or title in said interests or any part thereof, and shall inure to the benefit of each owner thereof and are imposed upon said interests and every part thereof as a servitude in favor of each'and every of said interests as the domi- nant tenement or tenements. CC&R's BAD69d R-1 Canyon Fairway Community Association (6-6-84) s i I ARTICLE I DEFINITIONS Unless the context clearly indicates otherwise, the following terms used in this Declaration are defined as follows: Section 1. "Applicable Voting Power" shall mean and refer to the following: (a) As long as there is a Class B membership outstanding, "Applicable Vot- ing Power" shall mean the vote or written assent of the specified percentage of each class of membership. (b) After the Class B membership has been converted to Class A membership, "Applicable Voting Power" shall mean the vote or written assent of the specified percentage of the voting power of the Association as well as the vote or written assent of the specificed percentage of the voting power of Members other than De- clarant. With the exception of the Section entitled "Enforcement of Bonded Obligations" of the Article entitled "General Provisions" of this Declaration, Declarant shall not be precluded from casting votes attributable to its Residences. Section 2. "Architectural Committee" shall mean and refer to the committee or committees provided for in the Article hereof entitled '•'Architectural Control." Section 3. "Articles" -and "Bylaws" shall mean and refer to the Articles of Incor- poration and Bylaws of the Association as the same may from time to time be duly amended. Section 4. "Assessments.-" The following meanings shall be given to the Assess- ments hereinafter defined: "Regular Assessment" shall mean the amount which is to be paid by each Member to the Association for Common Expenses. "Special Assessment" shall mean a charge against a particular Owner and his Resi- dence, directly attributable to the Owner, including charges consisting of rea- sonable late payment penalties for delinquent assessments and any charge to re- imburse the Association for the loss of interest and for costs reasonably incur- red in its efforts to collect delinquent assessments, including attorneys' fees. Special Assessment shall also include any other charges designated as such in this Declaration, the Articles, Bylaws or Association Rules, except for any mone= tary penalty imposed by the Association as a disciplinary measure for failure of a Member to comply -with the governing instruments or as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to Community Facilities for which the Member is allegedly responsible, or in bring-. ing the Member and his Residence into compliance with the governing instruments. "Reconstruction Assessment" shall mean a charge against each Member and his Resi- dence representing a portion of the cost to the Association for reconstruction of any portion or portions of the Community Facilities pursuant to the provisions of this Declaration. "Capital Improvement Assessment" shall mean a charge against each Member and his Residence, representing a portion of the cost to the Association for installation or construction of any capital improvements on any of the Community Facilities which the Association may from time to time authorize pursuant to the provisions of this Declaration. "Cable Television Service Assessment" shall mean a charge against a particular Owner and his Residence for cable television services obtained by the Association for the benefit of such Owner as provided in this Declaration. Section 5. "Association" shall mean and refer to Canyon Fairway Community Association, a nonprofit mutual benefit corporation, incorporated under the laws of the State of California, its successors and assigns. Section 6. "Association Rules" shall mean rules adopted by the Association pur- suant to the Article hereof entitled "Duties and Powers of the Association". CC&R's BAD69d 1-1 Canyon Fairway Community Association (6-11-84) Section 7. "Board" shall mean the Board of Directors of the Association. -Section 8. "City" shall mean and refer to the City of Newport Beach, California, a municipal corporation of the State of California. Section 9. "Common Expenses" shall mean and refer to the actual and estimated: (a) costs of maintenance, management, operation, repair and replacement of the Community Facilities, and all other areas on the Covered Property which are maintained by the Association; (b) unpaid Assessments; (c) costs of maintenance by the Association of areas within the public right-of-way of public streets in the vicinity of the Covered Property as provid- ed in this Declaration or pursuant to agreements with the City; (d) costs of management and administration of the Association, including, but not limited to, compensation paid by the Association to managers, account- ants, attorneys and employees; (e) costs of utilities, gardening and other services which generally bene- fit and enhance the value and desirability of the Covered Property; (f) costs of fire, casualty, liability, workmen's compensation and other insurance covering the Community Facilities; (g) costs of any other insurance.obtained by the Association; (h) reasonable reserves as deemed appropriate by the Board; (i) costs of bonding of the members of the Board, any professional managing agent or any other person handling the funds of the Association; (j) taxes paid by the Association; (k) amounts paid by the Association for discharge of any lien or encum- brance levied against the Community Facilities or portions thereof; (1) costs incurred by the Architectural Committee or other committees established by the Board; (m) costs of security guards, guard gates and/or key gates at entrances to, the Covered Property from the public streets and any other security systems or services installed by or contracted for by the Association; (n) costs of maintaining the slope areas and the landscaping and irrigation improvements thereon located within those Residences as shown on Exhibit C, attached hereto and incorporated herein; (o) the cost of maintaining the private sewer and storm drain which serve the Covered Property and which are shown on Exhibit D, attached hereto and incor- porated herein; (p) the cost of assessments to be paid to the Big Canyon Community Associa- tion, a California nonprofit corporation, pursuant to that Supplementary Declaration of Covenants, Conditions and Restrictions recorded AucTust 3,1984, as Instrument No. 84-322699 ; and (q) other expenses incurred by the Association for any reason whatsoever in connection with the Community Facilities, or the costs of any other item or items designated by this Declaration, the Articles, Bylaws, or Association Rules, or in furtherance of the purposes of the Association or in the discharge of any duties or powers of the Association. Section 10. "Community Facilities" shall mean all real property, and the improve- ments thereon, owned or leased from time to time by the Association for the com- mon use and enjoyment of the Members, including without limitation any of the following: private streets, the private storm drain and private sewer, private entry gate, slope irrigation system and slopes. Upon the date of the first 1-2 CC&R's BAD69d Canyon Fairway Community Association (6-11-84) N A. i conveyance of a Residence to an Owner, the Community Facilities shall be that certain property described on Exhibit B. Any real property denominated as "Com- munity Facilities" in a Supplementary Declaration shall be conveyed to the Asso- ciation prior to -or concurrently with the first conveyance of's Residence located within the real property which is annexed to the coverage hereof by such Supple- mentary Declaration. Declarant shall convey the Community Facilities to the Association free of all liens and encumbrances except current real property taxes (which taxes shall be prorated as of the date of conveyance), title exceptions of record and the covenants, conditions, reservations and restrictions contained in this Declaration and the instrument which conveys the Community Facilities to the Association. Section 11. "Covered Property" shall mean and refer to all the real property de- scribed on Exhibit A hereto and, subsequent to the annexation thereof pursuant to the Article of this Declaration entitled "Annexations", any real property which may become subject to this Declaration. Section 12. "Custom Lot Declaration" shall mean and refer to that certain declara- tion of covenants, conditions and restrictions imposed by Declarant on the Covered Property, and any amendments thereto, setting forth the height, building coverage and other restrictions governing the construction of dwelling units on Residences and such other matters set forth therein. In the event of any incon- sistency between this Declaration and the Custom Lot Declaration, the provisions of this Declaration shall prevail. Section 13. "Development" shall mean and refer to the real property described bn Exhibit A. Section 14. "Exhibit" shall mean and refer to those documents so designated herein and attached hereto and each of such Exhibits is by this reference incorporated in this Declaration. As additional property is annexed pursuant to the Article entitled "Annexations" of this Declaration, exhibits similar to the exhibits attached to this Declaration may be attached to such Supplementary Declarations pertaining to the annexed property, and each of such exhibits shall thereby be incorporated in this Declaration. Section 15. "Family" shall mean one or more persons related to each other by blood, marriage, or legal adoption, or a group of not more than three persons not all so related, together with his or their domestic servants, maintaining a com- mon household in a Residence. Section 16. "Federal Agencies" shall mean and refer to collectively one or more of the following agencies and the following letter designation for such agencies shall mean and refer to respectively the agency specified within the parentheses following such fetter designation: FHA (Federal Housing Administration), FHLMC (Federal Home Loan Mortgage Corporation ), FNMA (Federal National Mortgage Asso- ciation), GNMA (Government National Mortgage Association), VA (Veterans Adminis- tration). Section 17. "Final Subdivision Public Report" shall refer to that report issued by the Department of Real Estate of the State of California pursuant to Section 11018.2 of the California Business and Professions Code or any similar statute hereafter enacted. Section 18. "Governing Instruments" shall mean and refer to the Articles, Bylaws, Declaration and Association Rules. Section 19. "Improvement" shall mean any structure or appurtenance thereto of every type and kind, including but not limited to buildings, outbuildings, walk- ways, sprinkler pipes, drainage devices, garages, swimming pools, spas, recrea- tional facilities, tennis courts, roads, driveways, parking areas, fences, mail- boxes, screening walls, retaining walls, stairs, decks, landscaping, antennae, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, exterior air conditioning and water softening fixtures or equipment. Section 20. "Master Association" shall mean and refer to Big Canyon Community Association, a California nonprofit corporation. Should any conflict arise between the Articles of Incorporation or the Bylaws of this Master Association and the provisions of the Articles and Bylaws, the provisions of the Articles of 1-3 ..._ - --- rnnvnn rnirmav Community Association BAD69d (6-11-84) s i I Incorporation and Bylaws of this Association shall be deemed to supersede such other provisions to the extent of such conflict. Section 21. "Master Declaration" shall mean and refer to that certain Declaration of Covenants, Conditions and Restrictions covering all or a portion of the real property described in Exhibit E and recorded on April 69 1971, in Book 9596 at Page 9029 of Official Records of Orange County, California, and any amendments thereto. Should any conflict between the Master Declaration and the provisions of this Declaration, the Articles or Bylaws, the provisions of this Declaration shall be deemed to supersede such other provisions to the extent of any such conflict. Section 22. "Member" shall,mean and refer to every person or entity who qualifies for membership pursuant to the Article of this Declaration entitled "Membership", including Declarant so long as Declarant qualifies for membership pursuant to said Article. Section 23. "Mortgage" shall mean and refer to any duly recorded mortgage or deed of trust encumbering a Residence. A "First Mortgage" shall refer to a Mortgage which has priority over any other Mortgage encumbering a specific Residence. Section 24. "Mortgagee" shall mean and refer to the mortgagee or beneficiary under any Mortgage. A "First Mortgagee" shall mean the holder of a Mortgage that has priority over any other Mortgage encumbering a Residence. Section 25. "Owner" shall mean and refer to one or more persons or entities who* are alone or collectively the record owner of a fee simple title to a Residence, including Declarant, or the vendee under an installment land sales contract, but excluding those having any such interest merely as security for the performance of an obligation. Section 26. "Residence" shall mean and refer to a lot shown on any final map filed for record or a parcel shown on any parcel map filed for record to the extent .such lots or parcels are part of the•Covered Property, and shall include the residential dwelling unit together with garages, structures and other improve- ments on the same lot or parcel. "Residence" shall not include Community Facil- ities. Section 27. "Supplementary Declaration" shall mean those certain declarations of covenants, conditions and restrictions or similar instruments, annexing addi- tional property extending the plan of this Declaration to such additional pro- perty as provided in the Article of this Declaration entitled "Annexations". CC&R's BAD69d 1-4 Canyon Fairway Community Association (6-11-84) AL V I ARTICLE II MEMBERSHIP Section 1 - Membership. Every Owner shall be a Member. The terms and provisions set forth in this Declaration, which are binding upon all Owners are not exclu- sive, as Owners shall, in addition, be subject to the terms and provisions of the Articles, Bylaws, the Custom Lot Declaration and the Association Rules to the extent the provisions thereof are not in conflict with this Declaration. Member- ship of Owners shall be appurtenant to and may not be separated from the interest of such Owner in any Residence. Ownership of a Residence shall be the sole qual- ification for membership. Section 2 - Transfer. The membership held by any Owner shall not be transferred, pledged or alienated in any way, except that such membership shall automatically be transferred to the transferee of the interest of an Owner required for member- ship. Any attempt to make a prohibited transfer is void and will not be reflect- ed upon the books and records of the Association. The Association shall have the right to record the transfer upon the books of the Association without any fur- ther action or consent by the transferring Owner. Section 3 - Voting Rights. An Owner's right to vote shall vest immediately upon the date Regular Assessments commence upon such Owner's Residence as provided in this Declaration. All voting rights shall be subject to the restrictions and limitations provided herein and in the Articles, Bylaws and Association Rules. y Section 4 - Classes of Voting Membership. The.Association shall have two (2) classes of voting membership. Class A. Class A Members shall be all Owners with the exception of the Declarant for as long as there is a Class B membership. Class A Members shall be entitled to one (1) vote for each Residence in which they hold the interest required for membership. When more than one person owns a portion of the interest in a Residence required for membership, each such person shall be a Member and the vote for such Residence shall be exercised as they among themselves determine, but in no event shall more than one (1) Class A vote be cast with respect to any Residence. The Association shall not be required to recognize the vote or written assent of any such co -Owner except the vote or written assent of the co -Owner designated in a writing executed by all of such co -Owners and delivered to the Association. Class B. The Class B Member shall be Declarant. The Class B Member shall be entitled to three (3) votes for each Residence in which it holds the interest required for. membership; provided that the Class B membership shall forever cease and be converted to Class A Membership on the happening of one of the following events, whichever occurs earlier: (a) When the total votes outstanding in the Class A Membership equals the total outstanding votes held by the Class B Member. (b) A date certain which shall of the original issuance of the Final initial Covered Property. be the date of the second anniversary Subdivision Public Report for the Section 5 - Special Voting Rights of Members Other Than Declarant. Notwithstand- ing the provisions of this Article, from the first election of the Board, and thereafter for so long as a majority of the voting power of the Association re- sides in the Declarant, or so long as there are two outstanding classes of mem- bership in the Association, not less than twenty percent (20%) of the directors on the Board shall have been elected solely by the votes of Members other than Declarant. Section 6 - Approval of All Members. Unless elsewhere otherwise specifically provided in this Declaration, any provision of this Declaration which requires the vote or written assent of the voting power of the Association or any class or classes of membership shall be deemed satisfied by the following: (a) The vote in person or by proxy of the specified percentage of the total voting power of the Association or any class or classes or membership which are entitled to be cast by the entire membership of the Association. Said vote shall 2-1 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) N be at a meeting duly called and noticed pursuant to the provisions of the Bylaws dealing with annual or special meetings of the Members. (b) Written consents signed by the specified percentage of the voting power of the Association or any class or classes membership which are entitled to be cast by the entire membership of the Association. Said vote by written consent shall be solicited pursuant to the procedures provided in the Bylaws. Section 7 - Approval by Each Class of Members. Except for the Section entitled Enforcement of Bonded Obligations" of the Article entitled "General Conditions" of this Declaration, and as long as there is a Class B membership, any provision of this Declaration, which expressly requires the approval of a specified per- centage of the voting power of the Association before being undertaken, shall require the approval of said specified percentage of each of the Class A and Class B membership. 2-2 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) I 3 3 z ARTICLE III COVENANT FOR MAINTENANCE ASSESSMENTS Section 1 - Creation of the Lien and Personal Obligation of Assessments. Each Owner including the Declarant to the extent Declarant is an Owner as defined herein, of any Residence by acceptance of a deed or other conveyance, creating in such Owner the interest required to be deemed an Owner, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association: Regular Assessments, Special Assessments, Capi- tal Improvement Assessments, Reconstruction Assessments, and Cable Television Service Assessments, if applicable, such Assessments to be fixed, established and collected from time to time as provided in this Declaration. The Assessments, together with interest thereon, late charges, attorneys' fees and court costs, and other costs of collection thereof, as hereinafter provided, shall be a con- tinuing lien upon the Residence against which each such Assessment is made. Each such Assessment, together with such interest, late charges, costs and attorneys' fees, shall also be the personal obligation of the Owner of such Residence at the time when the Assessment becomes due. The personal obligation shall not pass to the successors in title of an Owner unless expressly assumed by such successors. Section 2 - Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for the purposes of promoting the recreation, health, safety and welfare of the Members, the management of the Covered Property, en- hancing the quality of life in the Covered Property, and the value of the Covered Property including, without limitation, the improvement and maintenance of the Covered Property, services and facilities devoted to this purpose and related to the use and enjoyment of the Community Facilities, or in furtherance of any other duty or power of the Association. Section 3 - Regular Assessments. Not later than forty-five (45) days prior to the beginning of each fiscal year, the Board shall distribute to each Member a budget for the upcoming fiscal year which shall, among other things, estimate the total Common Expenses to be incurred for such fiscal year. The Board shall at that time determine the amount of the Regular Assessment to be paid by each Mem- ber. Each Member shall thereafter pay to the Association his Regular Assessment in installments as established by the Board. Each such installment shall be due and payable on a date established by the Board in the written notice sent to Members. In the event the Board shall determine that the estimate of total charges for the current year is, or will become inadequate to meet all Common Expenses for any reason, it shall then immediately determine the approximate amount of such inadequacy and issue a supplemental estimate of the Common Ex- penses and determine the revised amount of Regular Assessment against each Mem- ber, and the date or dates when due. The Regular Assessments for the fiscal year following the conveyance of the first Residence by Declarant shall be the amount as set forth in the originally issued Final Subdivision Public Report for such first conveyance. After the Association's first fiscal year of operation, it shall not impose a Regular Assessment which is increased more than twenty percent (20%) over the amount of the Regular Assessment in the immediately preceding fiscal year without the vote or written assent of a majority of the Applicable Voting Power. Section 4 - Capital Improvement Assessments. In addition to the Regular Assess- ments, the Association may levy in any calendar year, a Capital Improvement Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or replacement (other than due to de- struction) of a described capital improvement upon the Community Facilities to the extent the same is not covered by the provisions affecting Reconstruction Assessments in the Article hereof entitled "Destruction of Improvements", includ- ing the necessary fixtures and personal property related thereto. Ttie Associa- tion shall not impose a Capital Improvement Assessment, the total amount of which exceeds five percent (5%) of the estimated Common Expenses, as set forth in the Section of this Article entitled "Regular Assessments", without the approval of a majority of the Applicable Voting Power. Any reserves collected by the Associa- tion for the future maintenance and repair of the Community Facilities, or any portion thereof, shall not be included in determining said annual capital im- provement limitation. All amounts collected as Capital Improvement Assessments may only be used for capital improvements and shall be deposited by.tbe Board in a separate bank account to be held in trust for such purposes. Said funds shall 3-1 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) N not be commingled with any other funds of the Association and shall be deemed a contribution to the capital account of the Association by the Members. Section 5 - Assessment Allocation. Regular, Reconstruction and Capital Improve- ment Assessments shall be fixed at an equal amount for each Residence and may be collected at intervals selected by the Board. Section 6 - Certificate of Payment. The Association shall, upon demand, furnish to any Member liable for Assessments, a certificate in writing signed by an officer or authorized agent of the Association, setting forth whether the Assess- ments on a specified Residence have been paid, and the amount of delinquency, if any. A reasonable charge to be determined by the Board may be collected by the Board for the issuance of these certificates. Such certificates shall be prima facie evidence of payment of any Assessment therein stated to have been paid. Section 7 - Exempt Property. All properties dedicated to and accepted by, or otherwise owned or acquired by, a public authority shall be exempt from the Assessments created herein. Section 8 - Special Assessments. Special Assessments shall be levied by the Board against a Residence to reimburse the Association for: (a) The charge imposed against an individual Owner as a late penalty for the delinquent payment of Assessments, including charges to reimburse the Asso- ciation for the loss of interest, and for costs reasonably incurred in the Asso- ciation's efforts to collect delinquent Assessments, including attorneys' fees. 4 • (b) Any other charge designated as a Special Assessment in this Declara- tion, the Custom Lot Declaration, the Articles, Bylaws or Association Rules; except for any monetary penalty imposed by the Association as a disciplinary measure for a failure of an Owner to comply with the Governing Instruments or as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to the Community Facilities for which the Owner was allegedly responsible, or in bringing the Owner and his Residence into compliance with the Governing Instruments. In the event the Association undertakes to provide materials or services which benefit individual Residences and which can be accepted or not by individual Owners, such as tree trimming, such Owners in accepting such materials or ser- vices agree that the costs thereof shall be a Special Assessment. In the event a Special Assessment is to be levied against all Residences, unless otherwise set forth herein, said Special Assessments shall be fixed at an equal amount for each Residence. Section 9 - Cable Television Service Assessment: In the event the Board elects to contract for cable television service, Cable Television Service Assessments shall be levied by the Board against the Owners who have subscribed with the Association for such service. In such circumstances, the Cable Television Service Assessment shall commence as to such Owner on the first day of the month following the month in which he so subscribes and shall continue against such Owner and any subsequent transferee of his Residence until the first day of the month following the month in which any such Owner or transferee notifies the Board in writing that he no longer wishes to subscribe to such service, or the month in which the Board elects to cancel the Association's contract for cable television service. Section 10 - Date of Commencement of Regular Assessments. The Regular Assessments shall commence as to all Residences on the first day of the month following the first conveyance of a Residence within the Covered Property. In the event the amount budgeted to meet Common Expenses for the then current year proves to be excessive in light of the actual Common Expenses, the Board in its discretion may either reduce the amount of the Regular Assessment or may abate collection of Regular Assessments as it deems appropriate. Until such time as the Class B Membership has ceased and been converted into Class A Membership, in no event shall a reduction in the amount or the abatement in the collection of Regular Assessments pursuant to this Section result in a quantity or quality of services diminished from those upon which the Common Expense budget for the year in question is based. 3-2 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) a M i Section 11 - No Offsets. All Assessments shall be payable in the amount specified by the Assessment and no offsets against such amount shall be permitted for any reason, including, without limitation, a claim that (i) the Association is not properly exercising its duties and powers as provided in this Declaration; (ii) a Member has made or elects to make no use of the Community Facilities or (iii) any construction or maintenance performed pursuant to the Section entitled "Assump- tion of Maintenance Obligations" of the Article entitled "Repair and Maintenance" of this Declaration shall in any way postpone Assessments or entitle a Member to claim any such offset or reduction. Section 12 - Homestead Waiver. Each Owner, to the extent permitted by law, does hereby waive, to the extent of any liens created pursuant to this Declaration, whether such liens are now in existence or are created at any time in the future, the benefit of any homestead or exemption laws of the State of California now in effect, or in effect from time to time hereafter. Section 13 - Reserves. The Regular Assessments shall include reasonable amounts as determined by the Board collected as reserves for the future periodic mainte- nance, repair or replacement of all or a portion of the Community Facilities, or any other purpose as determined by the Board. All amounts collected as reserves, whether pursuant to this Section or otherwise, shall be deposited by the Board in a separate bank account to be held in trust for the purposes for which they are collected and are to be segregated from and not commingled with any other funds of the Association. Such reserves shall be deemed a contribution to the capital account of the Association by the Members. a e CC&R's BAD69d 3-3 Canyon Fairway Community Association (6-6-84) WA ARTICLE IV NONPAYMENT OF ASSESSMENTS Section 1 - Delinquency. Any Assessment installment which is not paid when due shall be delinquent as of the due date ("Delinquency Date") and a reasonable late charge in an amount to be established by the Board, but not in excess of any sum authorized by the current law, shall be levied against the Member owing such installment on his Assessment. Any Assessment not paid within fifteen (15) days after its Delinquency Date shall bear interest from the Delinquency Date at the highest rate of interest authorized at that time under California Law. Each Member agrees to the enforcement of payment of all Assessments provided for in this Declaration in the manner herein specified. In the event an attorney or attorneys are employed for collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each Member agrees to pay reasonable attorneys' fees and costs thereby incurred in addition to any other amounts due or any other relief or remedy obtained against said Member. In addition to any other remedies herein or by law provided, the Board, or its authorized representative, may en- force the obligations of the Members to pay the Assessments provided for in this Declaration, and each of them, in any manner provided by law or in equity, or without any limitation of the foregoing, by either or both of the following procedures. Section 2 - Enforcement by Suit. A Member's obligation to pay Assessments may be enforced by commencement and maintenance of a suit at law for delinquent Asstss 0 ments as to which such Member is personally obligated. Such suit will be main- tained in the name of the Association. Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon and late charge as provided for herein, costs of collection, court costs and reason- able attorneys' fees in such amount as the Court may adjudge against the delin- quent Member. Suit to recover a money judgment for unpaid Assessments shall be maintainable without foreclosing or waiving the lien hereinafter provided for. Section 3 - Enforcement by Lien. (a) There is hereby created by this Declaration a claim of lien, with power of sale, on each and every Residence to secure payment to the Association of any and all Assessments levied pursuant to this Declaration against any and all Owners of such Residences, together with interest thereon and the late charge as provided for herein, and all costs of collection which may be paid or incurred by the Association in connection therewith, including reasonable attorneys' fees. At any time after the occurrence of any delinquency in the payment of any such Assessment, the Board or any authorized representative thereof may make a written demand for payment to the delinquent Owner. Said demand shall state the date and amount of the delinquency. Each delinquency shall constitute a separate basis for a demand or claim of lien or a lien, but any number of defaults may be in- cluded within a single demand or claim of lien and any demand or claim of lien or lien on account of prior delinquencies shall be deemed to include subsequent delinquencies and amounts due on account thereof. If such delinquency is not paid within ten (10) days after delivery of such demand, the Board or its duly authorized representative may thereafter elect to file and record a claim of lien on behalf of the Association against the Residence of the defaulting Member in the Office of the County Recorder of Orange County. Such claim of lien shall be executed and acknowledged by any officer of the Association and shall contain substantially the following information: (1) The name of the record Owner; (2) The legal description of the lot of the Residence against which claim of lien is made; (3) The total amount claimed to be due and owing as of the date of the notice for the amount of the delinquency, interest and late charge(s) thereon, collection costs, and estimated attorneys' fees (with any proper offset allowed); (4) That the claim of lien is made by the Association pursuant to this Declaration; -and 4-1 CChR's BAD69d Canyon Fairway Community Association (6-6-84) (5) That a lien is claimed against said Residence in an amount equal to the amount stated, together with all other amounts becoming due from time to time in accordance with this Declaration. (b) Upon such recordation of a duly executed original or copy of such claim of lien, the lien claimed therein shall immediately attach and become effective in favor of the Association as a lien upon the Residence against which such assessment was levied. Such a lien shall have priority over all liens or claims created subsequent to the recordation of this Declaration, except for tax liens for real property taxes on any Residence and assessments on any Residence in favor of any municipal or other governmental assessing unit and except for cer- tain Trust Deeds as provided in Section 4 below. Any such lien may be foreclosed by appropriate action in Court or in the manner provided by the California Civil Code for the foreclosure of a deed of trust with power of sale, or in any other manner permitted by law. The Board is hereby authorized to appoint its attorney, any officer or director of the Association, or any Title Company authorized to do business in California as Trustee for the purpose of conducting such power of sale foreclosure. Notwithstanding anything contained in this Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of a claim or lien pursuant to this Section 3, whether judicially, by power of sale, or otherwise until the expiration of ten (10) days after a copy of said claim of lien, showing the date of recordation thereof has been deposited in the United States mail, certified or registered, postage prepaid, to the Member whose Residence is described in such claim of lien. (c) The lien provided for herein shall be in favor of the Association and shall be for the benefit of all other Members and shall secure payment of all sums set forth in the claim of lien, together with all sums becoming due and pay- able in accordance with this Declaration after the date of recordation of said claim of lien. The Association shall have the power to bid in at any foreclosure sale on a Residence, using Association funds or funds borrowed for such purpose, and to purchase, acquire, hold, lease, mortgage and convey any such Residence. In the event such foreclosure is by action in Court, reasonable attorneys' fees, court costs, title search fees, interest and all other costs and expenses shall be allowed to the extent permitted by law. (d) Each Member hereby expressly waives any objection to the enforcement and foreclosure of this lien in this manner. Upon (i) the timely curing of any default for which a notice of a claim of lien was filed by the Board, (ii) the payment of all sums secured by the lien created by the recordation of such claim of lien, and (iii) the payment of a reasonable fee as determined by the Board to cover the costs of preparing and recording a release, the Board shall cause an officer of the Association to file and record an appropriate release of such claim of lien in .the Office of the County Recorder of Orange County, California. No Owner may waive or otherwise escape liability for the Assessments provided fpr in this Declaration by non-use or abandonment of his Residence. Section 4 - Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein in connection with a given Residence shall not be subordinate to the lien of any deed of trust or mortgage, except the first lien of a deed of trust or mortgage, or contract of sale given and made in good faith and for value that is of record as an encumbrance against such given Residence prior to the recordation of a claim of lien for the Assessments provided for in this Declar- ation against such given Residence (such first deed of trust or mortgage being hereinafter referred to as a "prior deed of trust"). The sale or transfer of any Residence shall not affect any assessment lien created pursuant to the term of this Declaration to secure Assessments becoming due whether prior to, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Member for delinquent assessments as provided for by Section 1 of this Article; provided, however, that the sale or transfer of any Residence pursuant to a judicial foreclosure or foreclosure by power of sale of a prior deed of trust shall extinguish any assessment lien which has attached and become effective with regard to the Residence being so trans- ferred prior to the time of such sale or transfer, and shall prohibit the recor- dation of any assessment lien against such lot on account of Assessments which became due prior to the date of such sale or transfer; provided, however, that 4-2 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) IL there shall be a lien on the interests of the purchaser at such sale which shall attach, be created and become effective and be foreclosed in accordance with this Declaration and which shall secure all Assessments becoming due after the date of any such sale or transfer. For the purpose of this Section 4, a sale or transfer of a Residence shall occur on the date of recordation of a deed or other instru- ment of title evidencing the conveyance of record title to the Residence. 4-3 i CC&R's 8AD69d Canyon Fairway Community Association (6-6-84) M ARTICLE V ARCHITECTURAL CONTROL Section 1 - Appointment of Architectural Committee. (a) The Architectural Committee shall consist of not less than three (3) nor more than five (5) persons as fixed from time to time by resolution of the Board. (b) Declarant shall initially appoint all of the members of the Architec- tural Committee and shall retain the right to appoint, augment or replace all members of the Architectural Committee until the first anniversary of the First Final Subdivision Public Report. Declarant reserves the power to appoint and re- move all but one member of the Committee until the issuance of building permits by the City covering ninety percent (90%) of the Residences within the Develop- ment or until the fifth anniversary of the issuance of the First Final Subdivi- sion Public Report, whichever occurs earlier ("Turnover Date"). (c) After one (1) year following the issuance of the First Final Subdivi- sion Public Report, the Board shall have the right but not the obligation to appoint one (1) member to the Architectural Committee until the Turnover Date. After the Turnover Date, the right to appoint, augment or replace all members of the Architectural Committee shall automatically be transferred to the Board. Any vacancies on the Architectural Committee for which the Board has the right to select a member which have been vacant for a period of thirty (30) days or more;' may be filled by Declarant upon ten (10) days prior notice to the Board. (d) Persons appointed by the Board to the Architectural Committee must be Members; however, persons appointed by Declarant to the Architectural Committee need not be Members, in Declarant's sole discretion. (e) A majority of the members of the Committee may select and designate any representative who is a licensed architect to consult with or, at the option of the said majority and provided the Committee will not exceed five (5) members, to be a member of the Architectural Committee. Notwithstanding anything to the con- trary in this Article, such representative need not be a Member of the Associa- tion. A majority of the members of the Architectural Committee may, from time to time, remove or replace such representative. Section 2 - Review of Plans and Specifications. (a) The Architectural Committee shall consider and act upon any and all plans and specifications submitted for its approval under this Declaration and perform such other duties as from time to time shall be assigned to it by the Board, including the inspection of construction in progress to assure its con- formance with plans approved by the Architectural Committee. No construction, alteration, addition, modification, decoration, redecoration or reconstruction of any Improvement in the Covered Property shall be commenced or maintained, until the plans and specifications therefor showing the nature, kind, shape, height, width, color, materials and location of the same shall have been submitted to the Architectural Committee and approved in writing by the Architectural Committee. The address for submission of such plans and specifications shall be the address of the principal place of business of the Association. The Board shall have the duty to promulgate and publish reasonable standards (hereinafter "Architectural Standards") against which the. Architectural Committee shall examine any request made pursuant to this Article. Such standards and any additions and modifica- tions made thereto from time to time as promulgated by the Board shall be avail- able for inspection by any Member in the principal place of business of the Association. (b) The Architectural Committee shall approve plans and specifications sub- mitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of the surrounding area of the Covered Property as a whole, that the appearance of any structure affected thereby will be in harmony with the surrounding structures, and that the construction thereof will not detract from the beauty, wholesomeness and attractiveness of the Community Facilities or the enjoyment thereof by the Members, and that the upkeep and maintenance thereof will not become a burden on the Association. The Architectural Committee may 5-1 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) condition its approval of proposals or plans and specifications for any Improve- ment (i) on such changes therein as it deems appropriate, (ii) upon the agreement by the Member (referred to in this Section 2 as "applicant") submitting the same to grant appropriate easements to the Association for the maintenance of the Im- provement, (iii) upon the agreement of the applicant to reimburse the Association for the cost of such maintenance, or (iv) upon the agreement by applicant to com- plete the proposed construction or modification within a specified time, or all four, and may require submission of additional plans and specifications or other information prior to approving or disapproving material submitted. (c) The Architectural Committee may also issue rules or guidelines setting forth procedures for the submission of plans for approval, requiring a fee pay- able to the Association to accompany each application for approval, or additional factors which it will take into consideration in reviewing submissions. The Architectural Committee may provide that the amount of such fee shall be uniform, or that it be determined in any other reasonable manner, such as by the reason- able cost of the construction, alterations or additions contemplated. The Archi- tectural Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, drainage plans, elevation drawings and descriptions or samples of ex- terior materials and colors. (d) Decisions of the Architectural Committee and the reasons therefor shall be transmitted by the Architectural Committee to the applicant at the address set forth in the application for approval forty-five (45) days after receipt by the a Architectural Committee of all materials required by the Architectural Committee. Any application submitted pursuant to this Section 2 shall be deemed approved, unless written disapproval or a request for additional information or materials by the Architectural Committee shall have been transmitted to the applicant within forty-five (45) days after the date of receipt by the Architectural Com- mittee of such application or additional information. Section 3 -Special Restriction Upon the Construction of Improvements - Lots 2, 3, 11 and 12. In addition to any and all restrictions upon the construction and installation of Improvements within the Covered Property, as imposed by this Declaration, the Custom Lot Declaration or the Architectural Standards, no Im- provement, consisting of any masonry or wrought iron wall or any wall of any similar materials shall be constructed or installed over, on, across or adjacent to those certain easements for sewers and storm drains as shown on the map for Tract No. 10814 which lie within and between Lots 2, 3, 11 and 12 of said Tract. Section 4 - Custom Lot Declaration. In addition to the provisions of this Arti- cle, all Residences shall also be subject to the Custom Lot Declaration and plans and specifications for any Improvement constructed in the Covered Property must be approved as provided in the -Custom Lot Declaration in addition to the require- ments of this Article. The Custom Lot Declaration shall provide that the Archi- tectural Committee appointed pursuant to this Article shall also serve as the architectural committee described in the Custom Lot Declaration. Section 5 - Meetings of the Architectural Committee. The Architectural Committee shall meet from time to time as necessary to perform its duties hereunder. The Architectural Committee may from time to time, by resolution unanimously adopted in writing, designate one or more of the members of the Architectural Committee to take any action or perform any duties for and on behalf of the Architectural Committee. Upon such designation, the approval or disapproval of plans and spe- cifications by such persons shall be equivalent to approval or disapproval by the entire Architectural Committee. In the absence of such designation, the vote of a majority of the members of the Architectural Committee shall constitute an act of the Architectural Committee. Section 6 - No Waiver of Future Approvals. The approval of the Architectural Committee to any proposals or plans and specifications or drawings for any work done or proposed or in connection with any other matter requiring the approval and consent of the Architectural Committee shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or addition- ally submitted for approval or consent. 5-2 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) I a Section 7 - Compensation of Members. The members of the Architectural Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder. Section 8 - Appeal. In the event plans and specifications submitted to the Architectural Committee are disapproved thereby, the party or parties making such submission may appeal in writing to the Board, provided the written appeal shall be received by the Board not more than thirty (30) days following the final deci- sion of the Architectural Committee. The Board shall submit such appeal to the Architectural Committee for review, whose written recommendations will be sub- mitted to the Board. Within forty-five (45) days following receipt of the re- quest for appeal, the Board shall render its written approval or disapproval of the plans. The failure of the Board to render a decision within said forty-five (45) day period shall be deemed a decision in favor of the appellant. Section 9 - Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: (a) Upon the completion of any Improvement for which approved plans are re- quired under this Article V, the Owner of such Improvement shall give written notice of completion to the Architectural Committee. (b) Within sixty (60) days thereafter and/or sixty (60) days after the time limit for completing the Improvement has expired, if any, the Architectural Com- mittee or its duly authorized representative may inspect such Improvement. If the Architectural Committee finds that such work was not done in substantial com'A' pliance with the approved plans it shall notify the Owner in writing of such non- compliance within such sixty (60) day period, specifying the particulars of non- compliance, and shall require the Owner to remedy the same. (c) If upon the expiration of thirty (30) days from the date of such noti- fication the Owner shall have failed to remedy such noncompliance, then the Architectural Committee shall notify the Board in writing of such failure. After affording such Owner notice and hearing, the Board shall determine whether there is a noncompliance and, if so, the nature thereof. If a noncompliance exists, the Owner shall remedy or remove the same within a period of not more than forty- five (45) days from the date of announcement of the Board ruling. If the Owner does not comply with the Board ruling within such period, the Board, at its op- tion, may record a notice of noncompliance in the Office of the Orange County Recorder and may peacefully remove the noncomplying Improvement or otherwise peacefully remedy the noncompliance, and the Owner shall reimburse the Associa- tion, upon demand, for all expenses incurred in connection therewith. (d) If for,any reason the Architectural Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of said written notice of completion from the Owner, the Improvement shall be deemed to be in accordance with said approved plans. Section 10 - Nonliability of Members. Neither Declarant, the Architectural Com mittee nor any member of the Architectural Committee, the Board nor their duly authorized representative, shall be liable to the Association, or to any Owner for any loss, damage or injury arising out of or in any way connected with the performance of the Architectural Committee's duties hereunder, unless due to the willful misconduct or bad faith of the Architectural Committee. The Architectural Committee shall review and approve or disapprove all plans submitted to it for any proposed Improvement, alteration or addition solely on the basis of aesthetic considerations and the over-all benefit or detriment which would result to the immediate vicinity and the Covered Property generally. The Architectural Com- mittee shall take into consideration the aesthetic aspects of the architectural designs, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features. The Architectural Committee's approval or disapproval shall be based solely on the considerations set forth in this Article V, and the Architectural Committee shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of any plans or design from the standpoint of structural safety or conformance with building or other codes. Section 11 - Nonapplicability to Declarant. Notwithstanding anything to the con- trary in this Declaration, is no event shall the provisions of this Article apply 5-3 CCSR's BAD69d Canyon Fairway Community Association (6-6-84) 1 to the construction, alteration, addition, modification, decoration, redecoration or reconstruction by Declarant of any Improvements on the Covered Property. Section 12 - No Representation of View. By the adoption and promulgation and/or enforcement of architectural and landscaping standards, neither Declarant, the Board, the Architectural Committee, nor any members, employees, or consultants of the foregoing, have made any representation whatsoever concerning the view, if any, that a particular Residence will enjoy. Section 13 - General Provisions (a) The establishment of the Architectural Committee and the systems herein for architectural approval shall not be construed as changing any rights or re- strictions upon Owners to maintain, repair, alter or modify or otherwise have control over the Residences as may otherwise be specified in this Declaration, the Custom Lot Declaration, the Bylaws or in any Association Rules. (b) A notice of nonconformance covering any Improvements executed by the Architectural Committee may be filed of record against a Residence in the Office of the County Recorder of Orange County. This notice shall identify the Resi- dence, its Owner, and shall specify the manner in which the Improvements are in nonconformance. Unless this notice is filed, these Improvements shall be deemed to be in compliance with plans and specifications approved by the Architectural Committee with respect to purchasers and encumbrancers in good faith and for value. a 5-4 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) 4- ARTICLE VI DUTIES AND POWERS OF THE ASSOCIATION Section 1 - General Duties and Powers. In addition to the duties and powers enu- merated in its Articles and Bylaws, or elsewhere provided for herein, and without limiting the generality thereof, the duties and powers of the Board shall nor- mally include, but shall not be limited, to the following: (a) enforce the provisions of this Declaration, the Custom Lot Decla- ration, the Articles, Bylaws, Association Rules, and other instruments for the ownership, management and control of the Covered Property by appropriate means and carry out the obligations of the Association hereunder which includes, without limitation, the maintenance and management of the following: (i) all easements and real property and all facilities, improvements and landscaping thereon in which the Association holds an interest, subject to the terms of any instrument transferring such interest to the Association; (ii) all personal property in which the Association holds an inter- est, subject to the terms of any instrument transferring such interest to the Association; and (iii) all property, real or personal, which the Association is obli- gated to repair or maintain pursuant to this Declaration, including, without limitation, the Article of this Declaration entitled "Repair and Maintenance." (b) pay any real and personal property taxes and .other charges assessed to or payable by the Association; (c) prepare budgets and financial statements for the Association as pre- scribed in the Bylaws; (d) formulate rules of operation of the Community Facilities, and facili- ties owned or controlled by the Association; (e) initiate and execute disciplinary proceedings against members for vio- lations of provisions of the Articles, Bylaws, Declaration, Custom Lot Declara- tion and Association Rules in accordance with procedures set forth in such docu- ments; (f) upon reasonable notice to the Owner, enter upon any Residence as neces- sary,in connection with construction, maintenance or emergency repair for the benefit of the Community Facilities or the Owners or in the exercise of the powers and duties of the Association. In the event of any emergency. -involving illness or potential damages to life of property such right of entry shall be immediate. Any such entry shall be made with as little inconvenience to the ; Owners as practicable; (g) employ a manager or other persons and contract with independent con- tractors or managing agents who have professional experience in the management of residential developments similar to the Covered Property, to perform all or any part of the duties and responsibilities of the Association, provided that any contract shall be terminable as follows: (i) for cause on not more than thirty (30) days' written notice by the Association; and (ii) without cause upon ninety (90) days' written notice by either party, without payment of a termination fee. Such contract shall have a term of not more than one (1) year with successive one (1) year renewal periods upon mutual agreement of the parties; subject to the rights of the Owners or as otherwise set forth in Article VI, Section 21 below. (h) acquire interests in real or personal property for offices or other facilities that may be necessary or convenient for the management of the Covered Property, the administration of the affairs of the Association or for the benefit of the Members; 6-1 CChR's BAD69d Canyon Fairway Community Association (6-6-84) R (i) borrow money as may be needed in connection with the discharge by the Association of its powers and duties; (j) establish in cooperation with the City a special tax assessment district for the performance of all or a portion of the maintenance or other functions now within the responsibility of the Association; (k) contract for cable television service for the benefit of the Owners who have subscribed for such service; (1) obtain trash pickup and disposal service for the benefit of the Owners, their Residences, and the Common Facilities and water service for the Common Facilities, unless such services are charged separately to the Owner; (m) negotiate and enter into contracts with First Mortgagees and mortgage insurers and guarantors as may be necessary or desirable to facilitate the avail- ability of loans secured by Mortgages within the Covered Property; (n) elect officers of the Board; (o) fill vacancies on the Board, except vacancies created by the removal of a Director; (p) subject to the limitations imposed under this Article, contract with independent contractors or managing agents to perform all or any part of the duties and responsibilities of the Association; (q) subject to -the 'Limitations imposed under this Article, contract for casualty, liability and other insurance as necessary or desirable in furthering the purposes of and protecting the interests of the Association and its Members including, but not limited to, hazard and liability insurance, plate glass insur- ance, fidelity bonds, worker's compensation and officers' and directors' liabil- ity insurance. The Association shall be required to maintain fire and casualty insurance with extended coverage for the full replacement value of the Community Facilities; (r) subject to the limitations imposed under this Article, contract for goods and/or services for the property owned or controlled by the Association; and (s) delegate to committees, officers, employees or agents any of its duties and powers under the Governing Instruments, according to law and as expressly provided in the Custom Lot Declaration and the Governing Instruments, provided, however, no such delegation to a professional management company, the Architec- tural Committee or otherwise shall relieve the Association of its obligations to perform such delegated duty. Section 2 - General Limitations and Restrictions on the Powers of the Board. In addition to the limitations and restrictions enumerated in the Articles and By- laws or elsewhere provided for herein, and without limiting the generality thereof, the Board shall be prohibited from taking any of the following actions except with the vote or written assent of a majority of the Applicable Voting Power. (a) enter contracts for materials or services which have a term in excess of one (1) year, with the following exceptions: (i) management contract, the terms of which have been approved by the FHA or VA; (ii) a contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission; provided, however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate; and (iii) prepaid casualty and/or liability insurance policies of not to exceed three (3) years duration, provided that the applicable policy permits short rate cancellation by the insured. C-A CC&R's BAD69d Canyon Fairway Community Association (6-6-84) i, i (b) incur aggregate expenditures for capital improvements to the Covered Property in any fiscal year in excess of five percent (5%) of the estimated Common Expenses for the fiscal year as set forth in the Sections entitled "Regular Assessments" and "Capital Improvement Assessments" of the Article hereof entitled "Covenant for Assessments;" (c) sell any real or personal property of the Association with an aggregate fair market value in excess of five percent (5%) of said estimated Common Ex- penses during any fiscal year; (d) pay compensation to directors or to officers of the Association for services performed in the conduct of the Association's business; provided, how- ever, the Board may cause a director or officer to be reimbursed for expenses incurred in carrying on the business of the Association; (e) fill a vacancy on the Board created by the removal of a Board member; and (f) enter into lease agreements for laundry room fixtures and equipment of not to exceed five (5) years duration provided that the lessor under the agree- ment is not an entity in which the Declarant has a direct or indirect ownership interest of ten percent (10%) or more. Section 3 - Association Rules. The Board shall also have the power to adopt, amend, and repeal such rules and regulations as it deems reasonable (the "Asso- ciation Rules") which may include the establishment of a system of fines, all asx provided in the Bylaws. The Association Rules shall govern such matters in fur- therance of the purposes of the Association, including, without limitation, the use of the Community Facilities; provided, however, that the Association Rules may not discriminate among Owners, and shall not be inconsistent with the Custom Lot Declaration, this Declaration, the Articles or Bylaws. A copy of the Asso- ciation Rules as they may from time to time be adopted, amended or repealed or a notice setting forth the adoption, amendment or repeal of specific portions of the Association Rules shall be delivered to each Owner in the same manner estab- lished in this Declaration for the delivery of notices. Upon completion of the notice requirements, said Association Rules shall have the same force and effect as if they were set forth in and were part of this Declaration and shall be bind- ing on the Owners and their successors in interest whether or not actually received thereby. The Association Rules, as adopted, amended or repealed, shall be available at the principal office of the Association to each Owner and First Mortgagee upon request. In the event of any conflict between any such Associa- tion Rules and any other provisions of the Custom Lot Declaration, this Declara- tion, or the Articles or Bylaws, the provisions of the Association Rules shall be deemed to be superseded by the provisions of the Custom Lot Declaration, this Declaration, the Articles or the Bylaws to the extent of any such conflict. Section 4 - Pledge of Assessment Rights. 'The Association shall have the power tp pledge the right to exercise its Assessment powers in connection with obtaining funds to repay a debt of the Association; provided, however, any such pledge shall require the prior affirmative vote or written assent of not less than sixty-six and two-thirds percent (66-2/3%) of the voting power of the Associa- tion. Said power shall include, but not be limited to, the ability to make an assignment of Assessments which are then payable to or which will become payable to the Association; which assignment may be then presently effective but shall allow said Assessments to continue to be paid to and used by the Association as set forth in this Declaration, unless and until the Association shall default on the repayment of the debt which is secured by said assignment. The Association may levy Special Assessments against the Members to obtain such funds. Upon the failure of any Member to pay said Special Assessment when due, the Association may exercise all its rights, including, without limitation, the right to fore- close its lien, pursuant to the Article hereof entitled "Nonpayment of Assess- ments". Without limiting the generality of the foregoing, any pledge of Assess- ment rights in excess of an amount equal to twenty-five percent (25%) of the total Regular Assessments collected by the Association in the then preceding fiscal year, shall require the prior written approval of seventy-five percent (75%) of the First Mortgagees based on one (1) vote for each first mortgage held. 6-3 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) .r . ARTICLE VII REPAIR AND MAINTENANCE Section 1 - Repair and Maintenance by Association. Except to the extent that an Owner may be obligated to maintain and repair as hereinafter provided, and with- out limiting the generality of the statement of duties and powers contained in this Declaration, the Articles, Bylaws or Association Rules, the Association shall have the duty to accomplish the following upon the Covered Property or other land in such manner and at such times as the Board shall prescribe: (a) maintain, repair, restore, replace and make necessary improvements to the Community Facilities, including, without limitation, the following: (i) private streets, curbs and sidewalks, equal to that service pro- vided by the City for public streets; (ii) drainage facilities and easements in accordance with the re- quirements of the Orange County Flood Control District; (iii) private entry gate, communication system and lighting; and (iv) the slopes within Lots A and D of Tract No. 10814 which shall at all times be maintained to preserve the ground cover and foliage thereon so as to assure an aesthetically satisfactory appearance comparable to the adjacent slope which are maintained by the Big Canyon Country Club, a California nonprofit cor= poration ("Club") and so as to prevent any sluffing or erosion. This maintenance shall include proper irrigation, fertilization and replanting, as necessary, as well as the periodic trimming, cultivation and weeding of all landscaping. In the event that the Association f accordance with the above criteria, from the Club fails to commence and nance as may be necessary, then the gation, to enter upon these parcels sary maintenance and thereafter, sh the Association of all actual costs ails to properly perform this maintenance in and upon thirty (30) days' written notice pursue to diligent completion, said mainte- Club shall have the right, but not the obli- for the purpose of accomplishing such neces- ill be entitled to receive reimbursement from incurred in accomplishing said work; and (v) any recreational facilities. (b) maintain in a safe and attractive condition the slope area and the landscaping and irrigation facilities thereon within those Residences as shown on Exhibit C, attached hereto and incorporated herein; (c) maintain each Residence in a clean, debris and weed -free condition until such time as its Owner notifies the Association in writing that a grading and/or building permit has been obtained for construction of a dwelling unit on' the Residence pursuant to plans and specifications approved by the Architectural Committee. This shall not require the Association to undertake any work of repair, improvement or construction on a Residence, but merely refer to debris and weed removal. The Association shall charge the Owner of the Residence so maintained a monthly fee equal to the costs incurred by the Association in accom- plishing such maintenance and said charge shall be a Special Assessment against such Owner. After an Owner has obtained a grading and/or building permit as aforesaid, the maintenance of his Residence shall be governed by this Declara- tion, including, without limitation, this Article; (d) maintain the private sewer and storm drain which serve the Covered Property and which are shown on Exhibit D; and (e) maintain all other areas, facilities, equipment, services or aesthetic components of whatsoever nature as may from time to time be requested by the vote or written consent of two-thirds (2/3) of the voting power of the Members. The costs of any such maintenance and repair pursuant to this Section shall be paid out of the general funds of the Association, except as otherwise herein specified as payable by the particular Owners. 7-1 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) R s Section 2 - Repair and Maintenance by Owner. Except as the Association shall be obligated to maintain and repair as may be provided in this Declaration, every Owner shall: (a) maintain the exterior of his dwelling, walls, fences and roof of such dwelling in good condition and repair; and (b) install and thereafter maintain an attractive condition landscaping and irrigation facilties within the Residence, excluding those slope areas to be maintained by the Association as shown on Exhibit C, in accordance with the pro- visions of the Custom Lot Declaration and this Declaration and in compliance with those standards as adopted by the Board, from time to time. Section 3 - Right of Association to Maintain and Install. In the event that an Owner fails to accomplish any maintenance or repair required by this Article, the Association or its delegates may, but shall not be obligated to, cause such maintenance and installation to be accomplished as hereinafter set forth. (a) Upon finding by the Board of a deficiency in such maintenance or installation, the Board shall give notice of deficiency to the Owner which shall briefly describe the deficiency and set a date for hearing before the Board or a committee selected by the Board for such purpose. The Board may delegate its powers under this section to a duly appointed committee of the Association. (b) Such hearing shall be held not less than fifteen (15) nor more than thirty (30) days from the date of delivery of said notice. (c) Such hearing shall be conducted according -.to such reasonable rules and procedures as the Board shall adopt which shall provide the Owner with the right to present oral and written evidence and to confront and cross-examine any person offering at such hearing evidence adverse to such Owner. If the Board or any such committee renders a decision against the Owner, it shall further set a date by which the deficiency is to be corrected by the Owner. A decision of such committee may be appealed to the Board, but a decision of the Board shall be final. (d) If the deficiency continues to exist after the time limitation imposed by a final decision of the Board or any such committee, the Board or such com- mittee may cause such maintenance or installation to be accomplished or otherwise may levy a reasonable fine against the Owner. (e) In the event the Board or such committee elects to cause such mainte- nance or installation to be accomplished, the following shall apply: (i) The Owner shall have no more than ten (10) days following the receipt thereby of written notice of such election from the Board or such com- mittee to select a day or days upon which such maintenance or installation work shall be accomplished; (ii) The date which said Owner selects shall be not less than fifteen (15) days nor more than forty-five (45) days following the last day of said ten (10) day period; (iii) If said Owner does not select such day or days within said ten (10) day period, the Board or such committee may select a day or days upon which such work may be accomplished which shall be not less than twenty-five (25) nor more than fifty-five (55) days from the last day of said ten (10) day period; and (iv) Unless the Owner and the Board otherwise agree, such maintenance or installation shall take place only during daylight hours on any day, Monday through Friday, excluding holidays. (f) If the Association pays for all or any portion of such maintenance or installation, such amount shall be the responsibility of the affected Owner and Residence. Section 4 - Standards for Maintenance and Installation by Association and Owner. (a). Maintenance of the exterior of the dwellings, including without limita- tion walls, fences and roofs shall be accomplished in accordance with the CChR's BAD69d 7-2 Canyon Fairway Community Association (6-6-84) ik rN Architectural Standards and, if required by the Architectural Standards, only after approval of the Architectural Committee; and (b) All slopes or terraces on any Residence shall be maintained so as to prevent any erosion thereof upon adjacent streets or adjoining property. Section 5 - Right of Entry. The Association, after reasonable notice to Owner, shall have the right to enter upon any Residence in connection with any mainte- nance, repair or construction in the exercise of the powers and duties of the Association. Section 6 - Maintenance of Public Utilities. Nothing contained herein shall require or obligate the Association to maintain, replace or restore the under- ground facilities of public utilities which are located within easements in the Community Facilities owned by such public utilities. However, the Association shall take such steps as are necessary or convenient to ensure that such facili- ties are properly maintained, replaced or restored by such public utilities. Section 7 - Assumption of Maintenance Obligations. Declarant, its subcontractors and the agents and employees of the same shall have the right to come on the Community Facilities to complete the construction of any landscaping or other improvement to be installed on the Community Facilities as provided in this Declaration. In the event that Declarant's subcontractors are contractually obligated to maintain the landscaping and/or other improvements on the Community Facilities such maintenance shall not be assumed by the Association until the 4 termination of such contractual obligation. If any excess of Assessments col- lected over actual -Common Expenses incurred by the Association is caused by rea- son of construction or maintenance pursuant•to this Section, or otherwise, such excess shall be placed in reserve to offset the future expenses of the Associa- tion in any manner designated by the Board. 7-3 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) r R i ARTICLE VIII INSURANCE section 1 - Types. The Association, to the extent available, shall obtain and continue in effect in its own name the following types of insurance so long as such amounts or type of insurance coverage are not, in the good faith judgment of the Board, prohibitively expensive or no longer necessary or appropriate for the protection of the Covered Property, the Association and the Members: (a) A comprehensive policy of public liability insurance covering the Com- munity Facilities and any other property maintained, controlled or managed by the Association, including, without limitation, the slope areas within the Covered Property which are maintained by the Association as provided in this Declaration. Such policy shall have a limit of not less than Three Million Dollars ($3,000,000) for claims for personal injury and/or property damage arising out of a single occurrence, such coverage to include protection against water damage liability, liability for non -owned and hired automobile and liability for property of others, and such other risks as shall customarily be covered with respect to similar planned unit developments in the area of the Covered Property, and shall contain a "severability of interest" endorsement or the equivalent which shall preclude the insurer from denying the claim of an Owner because of negligent acts or omissions of the Association or other Owners; (b) A policy of fire and casualty insurance with extended coverage for the full replacement value of the Community Facilities (including all building ser- vice equipment and the like), without deduction for depreciation, with an "agreed amount endorsement" or its equivalent and clauses waiving subrogation against Members and the Association and persons upon the Covered Property with the per- mission of a Member, such insurance to afford protection against at least loss or damage by fire and other hazards covered by the standard extended coverage en- dorsement, and by sprinkler leakage, debris removal, cost of demolition, van- dalism, malicious mischief, windstorm, water damage, and such other risks as shall customarily be covered with respect to similar planned unit developments in the area of the Covered Property; (c) Fidelity coverage against dishonest acts on the part of directors, of- ficers, employees or volunteers who handle or who are responsible to handle the funds of the Association, and such fidelity bonds shall name the Association as obligee, shall be written in an amount equal to one hundred fifty percent (150%) of the estimated annual operating expenses of the Association, including reserves, and shall contain waivers of any defense based on the exclusion of persons who serve without compensation or from any definition of "employee" or similar expression. Section 2 - Waiver by Members. All insurance obtained by the Association shall be maintained by the Association for the benefit of the Association, the Owners and - the Mortgagees as their interests may appear. As to each of said policies which will not be voided or impaired thereby, the Owners hereby waive and release all claims against the Association, the Board, other Owners, the Declarant and agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence of or breach of any agreement by said persons, but to the extent of insurance proceeds received in compensation for such loss only. Section 3 - Other Insurance. The Board shall purchase and maintain workmen's compensation insurance for all employees of the Association to the extent that such insurance is required by law. The Board may purchase and maintain in force demolition insurance in adequate amounts to cover demolition in the event of total or partial destruction and a decision not to rebuild, as well as a blanket policy of flood insurance. The Board may also purchase and maintain'in effect such insurance on personal property owned by the Association. The Board shall also have the power to purchase and maintain in effect such other insurance as it deems necessary, including without limitation, earthquake insurance, plate -glass insurance,. and officers' and directors' liability insurance. Section 4 - Premiums, Proceeds and Settlement. Insurance premiums for any such blanket insurance coverage obtained by the Association and any other insurance deemed.necessary by the Association. shall be a Common Expense to be included in the Regular Assessments levied by the Association. Casualty insurance proceeds 8-1 CUR's BAD69d Canyon Fairway Community Association (6-6-84) f c shall be used by the Association for the repair or replacement of the property for which the insurance was carried, or otherwise disposed of as provided in the Article hereof entitled "Destruction of Improvements". The Association is hereby granted the authority to negotiate loss settlements with the appropriate insur- ance carriers. Any two (2) directors of the Association may sign a loss claim form and release form in connection with the settlement of a loss claim, and such signatures shall be binding on the Association and the Members. Section 5 - Annual Insurance Review. The Board shall annually determine whether the amounts and types of insurance it has obtained provide adequate coverage for the Covered Property in light of increased construction costs, inflation, prac- tice in the area in which the Covered Property is located, or any other factor which tends to indicate that either additional insurance policies or increased coverage under existing policies are necessary or desirable to protect the inter- ests of the Owners and of the Association. If the Board determines that in- creased coverage or additional insurance is appropriate, it shall obtain the same. Section 6 - Abandonment of Replacement Cost Insurance. Unless at least seventy- five percent (7)2) of the First Mortgagees based on one (1) vote for each First Mortgage held have given their prior written approval, the Association shall not be entitled to fail to maintain the extended coverage fire and casualty insurance required by this Article on less than a one hundred percent (100%) current re- placement cost basis. Section 7 - Federal Requirements. Notwithstanding the foregoing provisions of t this Article, the Association must obtain and continuously maintain in effect such casualty, flood and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for planned unit development projects established by any of the Federal Agencies, when such Federal Agency first becomes and as long as it continues to be either a Mortgagee, Owner, insurer or guarantor of a Mortgage within the Covered Property, except to the extent such coverage is not available or has been waived in writing by the foregoing entities. 8-2 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) ARTICLE IX DESTRUCTION OF IMPROVEMENTS Section 1 - Duty of Association. In the event of partial or total destruction of improvements upon the Community Facilities, it shall be the duty of the Associa- tion to restore and repair the same as promptly as practical pursuant to this Article. The proceeds of any casualty insurance maintained pursuant to this Declaration shall be used for such purpose, subject to the prior rights of Mort- gagees whose interest may be protected by said policies. Section 2 - Automatic Reconstruction. In the event that the amount available from the proceeds of such insurance policies for such restoration and repair shall be at least eighty-five percent (85%) of the estimated cost of restoration and repair, a Reconstruction Assessment, with each Owner contributing a like sum, may be levied by the Association to provide the necessary funds for such reconstruc- tion, over and above the amount of any insurance proceeds available for such purpose, and the Board shall cause the damaged or destroyed Community Facilities to be restored as closely as practical to its condition prior to the destruction or damage. Section 3 - Vote of Members. In the event that the amount available from the pro- ceeds of such insurance policies for such restoration and repair shall be less than eighty-five percent (85%) of the estimated cost of restoration and repair, the improvements shall not be replaced or restored unless a majority of the vot ing power of the Association agrees in writing to such replacement or restoration or gives its affirmative vote at a meeting duly called therefor. If the Members approve such replacement or restoration, the Board shall cause the damaged or destroyed Community Facilities to be restored as closely as practical to its former condition prior to the destruction or damage. In the event of a determi- nation, as provided above, not to replace or restore the improvements on the Community Facilities, the Community Facilities shall be cleared and landscaped for community park use and the costs thereof shall be paid for with the insurance proceeds, and any deficiency may be raised by Reconstruction Assessment in an amount determined by the Board. Section 4 - Excess Insurance Proceeds. In the event any excess insurance proceeds remain, after any reconstruction by the Association pursuant to this Article, the Board, in its sole discretion, may retain such sums in the general funds of the Association or distribute prorata all or a portion thereof to the Members, sub- ject to the prior rights of Mortgagees whose interest may be protected by insur- ance policies carried by the Association. In the absence of such prior rights, the rights of an Owner and the Mortgagee of his Residence as to such pro rats distribution shall• be governed by the provisions.of the Mortgage encumbering such Residence. Section 5 - Use of Reconstruction Assessments. All amounts collected as Recon-• struction Assessments shall only be used for the purposes set forth in this Arti- cle and shall be deposited by the Board in a separate bank account to be held in trust for such purposes. Such funds shall not be commingled with any other funds of the Association and shall be deemed a contribution to the capital account of the Association by the Members. Section 6 - Approval by First Mortgagees. Any such restoration or repair of the Community Facilities after damage due to a hazard insured against shall be per- formed substantially in accordance with the Declaration, and the original plans and specifications unless other action is approved by at least 51% of the bene- ficiaries of first mortgages. 9-1 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) ARTICLE X EMINENT DOMAIN Section 1 - Definition of Taking. The term "taking" as used in this Article shall mean condemnation by eminent domain or sale under threat of condemnation of all or any portion of the Community Facilities. Section 2ten- Representation by Board in Condemnation Proceedings. In the event of a threaed taking of all or any portion of the Community Facilities, the Mem- bers hereby appoint the Board and such persons as the Board may delegate to represent all of the Members in connection with the taking. The Board shall act in its sole discretion with respect to any awards being made in connection with the taking and shall be entitled to make a voluntary sale to the condemnor in lieu of engaging in a condemnation action. Section 3 - Inverse Condemnation. The Board is authorized to bring an action in inverse condemnation. In such event, the provisions of this Article shall apply with equal force. Section 4 - Award for Community Facilities. Any awards received on account of the taking of Community Facilities shall be paid to the Association. The Board may in its sole discretion retain any award in the general funds of the Association or distribute pro rata all or a portion thereof to the Members. The rights of an Owner and the Mortgagee of his Residence as to any pro rata distribution shall be governed by the provisions of the Mortgage encumbering such Residence. It Section 5 - Approval by First Mortgagees. Any restoration or repair of the Com- munity Facilities after a partial condemnation shall be performed substantially in accordance with this Declaration, and the original plans and specifications, unless other action is approved by at least 51% of the beneficiaries of First Mortgages. 10-1 4.6 CC&R's BAD69d Canyon Fairway Community Association (6-6-B4) ARTICLE XI USE RESTRICTIONS Section 1 - Commercial Use. Subject to the Section entitled "Construction and Sales of the Article hereof entitled "Easements," no part of a Residence shall be used or caused, allowed or authorized to be used in any way, directly or indi- rectly, for any business, commercial, manufacturing, mercantile, storing, vend- ing, or any nonresidential purposes; provided, however, that (a) the Association shall have the right to provide or authorize such services on the Community Facilities as it deems appropriate for the enjoyment of the Community Facilities or for the benefit of the Members; (b) Declarant, its successors or assigns, may use any portion of the Covered Property for a model home site, and display and sales office during the construction and sales period; and (c) the provisions of this Section shall not preclude professional and administrative occupations with- out external evidence hereof, for so long as such occupations are in conformance with all applicable governmental ordinances and are merely incidental to the use of the dwelling unit as a residential home. Section 2 - Signs. No sign or billboard of any kind shall be displayed to the public view on any portion of the Covered Property except such signs as may be used by Declarant or its sales agents in connection with the development of the Covered Property and sale of the Residences; provided that such use shall not be for a period beyond the sale by Declarant of all Residences within the Covered Property, and provided further that a Member may display in his Residence, a sin advertising its sale or lease by him so long as such sign shall comply with any customary and reasonable -standards -promulgated by the Board as to the size, color, shape or other qualification for permitted signs. Section 3 - Nuisance. No noxious or offensive trade or activity shall be carried on upon any Residence, or any part of the Covered Property nor shall anything be done thereon which may be, or may become an annoyance or nuisance to the neigh- borhood, or which shall in any way interfere with the quiet enjoyment of each of the Owners of his respective Residence, or which shall in any way increase the rate of insurance. Without limiting the generality of the foregoing provisions, no loud noises or noxious odors, no exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes), noisy or smokey vehicles, large power equipment or large power tools, unlicensed off -road motor vehicles or items which may unreasonably interfere with television or radio reception of any Residence, shall be located, used or placed on any portion of the Covered Property, or exposed to the view of other Owners without the prior written approval of the Architectural Committee. The Board shall have the right to determine in accordance with the Bylaws if any noise, odor, interference or activity producing such noise, odor or interference consti- tutes a nuisance. Section 4 - Temporary Structures. A construction trailer and temporary on-site4 sanitary facilities approved by the Architectural Committee shall be permitted upon a Residence during the period of time that a dwelling unit is being con- structed on such Residence. Thereafter, no structure of a temporary character, trailer, basement, tent, shack, garage, barn or other out -building shall here- after be used on any Residence at any time, either temporarily or permanently. Section 5 - Vehicles. No trailer, camper, boat or similar equipment shall here- after be permitted to remain upon the Covered Property, including, without limi- tation, streets, alleys or driveways, unless placed or maintained within an en- closed area, or unless obscured from view of adjoining Residences, streets, or alleys by a fence or appropriate screen, nor permitted to be parked other than temporarily, on any street, alley, or any other portion of the Covered Property. Temporary parking shall mean parking of vehicles belonging to guests of Owners, delivery trucks, service vehicles and other commercial vehicles being used in the furnishing of services to the Association or the Owners and parking of vehicles belonging to or being used by Owners for loading and unloading purposes. The Board may adopt rules for the regulation of the admission and parking of vehicles within the Covered Property, including the assessment of charges to Owners who violate or whose invitees violate, such rules. Any fence or screen required under this Section shall comply with any standards promulgated pursuant to the Article entitled "Architectural Control" of this Declaration as to size, color, or -other qualification for permitted fences or screens. In addition, the Board CC&R's BAD69d Canyon Fairway Community Association (6-6-84) may designate areas within the Covered Property for parking of campers and simi- lar equipment without the requirement of fencing or screening. Section 6 - Animals. No insects, reptiles, animals, livestock or poultry of any kind, shall be raised, bred or kept upon the Covered Property, except that dogs, cats or other household pets may be kept on the Residences, provided they are not kept, bred or maintained for any commercial purpose, or in numbers deemed unrea- sonable by the Board. Notwithstanding the foregoing, no animals may be kept on the Residences which in the good faith judgment of the Board or a committee selected by the Board for this purpose, result in an annoyance or are obnoxious to residents in the vicinity. Animals belonging to Owners, occupants or their licensees, tenants or invitees within the Covered Property must be either kept within an enclosure or an enclosed yard provided by the Owner of such animals or on a leash being held by a person capable of controlling the animals. Further- more, any Owner shall be absolutely liable to each and all remaining Owners, their families, guests, tenants and invitees, for any unreasonable noise or dam- age to person or property caused by any animals brought or kept upon the Covered Property by an Owner or by members of his family, his tenants or his guests; and it shall be the absolute duty and responsibility of each such Owner to clean up after such animals which have used any portion of the Community Facilities or any portion of another's Residence. Notwithstanding the foregoing, these restric- tions shall not be interpreted in such a manner so as to permit the maintenance of any animals which are not permitted to be maintained in the Covered Property under the ordinances of the City. K Section 7 - Oil and Mineral Rights. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in the Covered Property nor, subsequent to the recording of this Declaration, shall oil wells, tanks, tunnels, or mineral excavations or shafts be installed upon the surface of the Covered Property or within five hundred (500) feet below the surface of such properties. No derrick or other structure designed for use in boring for water, oil or natural gas shall be erected, maintained or permitted upon the Covered Property. Section 8 - Unsightly Items. No rubbish, trash or garbage or other waste material shall accumulate on the Covered Property or be kept or permitted upon the Covered Property, except in sanitary containers located in appropriate areas screened and concealed from view, and no odor shall be permitted to arise therefrom so as to render the Covered Property, or any portion thereof, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to its occupants. Such containers shall be exposed to the view of neighboring lots only when set out for a reasonable period of time not to exceed twenty-four (24) hours before and after scheduled trash collection hours. There shall be no exterior fires whatsoever except barbecue fires contained within receptacles therefor and fire pits in the enclosed yards designed in such a manner that they do not create a fire hazard. No clothing or household fabrics shall be hung, dried or aired in such a way in the Covered Property as to be visible to other property, and no lumber, grass, shrub or tree clippings or plant waste, metals, bulk material, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any portion of the Covered Property except within an enclosed structure or appropri- ately screened from view. No plants or seeds infected with noxious insects or plant diseases shall be brought upon, grown or maintained upon the Properties. Any fence or screen required by this Section shall comply with any standards promulgated pursuant to the Article entitled "Architectural Control" of this Declaration as to size, color or other qualification for permitted fences or screens. Section 9 - Antennae. No television, radio, or other electronic antenna or device of any type shall hereafter be erected, constructed, placed or permitted to remain on the Covered Property unless and until the same shall have been approved in writing by the Architectural Committee, or unless the same be contained within a building. Section 10 - Drainage. All drainage of water from any Residence shall drain or flow into adjacent streets or lot drains and shall not be allowed to drain or flow upon, across, or under any other portion of the Covered Property unless an easement for such purpose is granted and unless approved by the written permission of the Architectural Committee pursuant to the Article entitled "Architectural Control" herein. 11-2 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) Section 11 - Garages. No garage doors shall be permitted to remain open except for a temporary purpose, and the Board may adopt rules for the regulation of the opening of garage doors, including the assessment of charges to Owners who vio- late or whose invitees violate such rules. Section 12 - Window Covers. Curtains, drapes, shutters or blinds may be installed as window covers provided that all curtains and drapes shall have lining and all shutters and blinds shall be white or of a similar non -offensive color. No win- dow shall be covered with aluminum foil or similar material. Section 13 - Single -Family Residential. All Residences shall only be used for the residential purposes of a Family. Section 14 - Fences and/or Walls. Except as set forth in Article V, Section 3, above, and except for those slopes maintained by the Association and indicated on Exhibit C, fences and/or walls may be constructed within any location upon all Residences within the Covered Property. The height, plans and specifications of any fence or wall shall be subject to approval of the Architectural Committee as set forth in the Article entitled "Architectural Control" of this Declaration. Section 15 - Insurance Rates. Nothing shall be done or kept in the Covered Prop- erty which will increase the rate of insurance on any property insured by the Association without the approval of the Board, nor shall anything be done or kept in the Covered Property which would result in the cancellation of insurance on any property insured by the Association or which would be in violation of any law. Section 16 - Further Subdivision.. No Owner shall further partition or subdivide his Residence; provided, however, that this provision shall not be construed to limit the right of an Owner (i) to rent or lease all or any portion of his Resi- dence by means of a written lease or rental agreement subject to the restrictions of this Declaration, so long as the Residence is not leased for transient, hotel or other commercial purposes; (ii) to sell his Residence; or (iii) to transfer or sell any Residence to more than one person to be held by them as tenants -in - common, joint tenants, tenants by the entirety or as community property. The terms of any such lease or rental agreement shall be subject in all respects to the provisions of this Declaration and the Bylaws, and any failure by the lessee of such Residence to comply with the terms of this Declaration or the Bylaws shall constitute a default under the lease. 2 11-3 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) ARTICLE XII RIGHTS OF ENJOYMENT Section 1 - Members' Right of Enjoyment. Every Member shall have a nonexclusive easement for use and enjoyment in and to the Community Facilities and such right shall be appurtenant to and shall pass with the interest required to be an Owner to every Residence, subject to all of the easements, covenants, conditions, restrictions and other provisions contained in this Declaration, including, with- out limitation, the following provisions: (a) The right of the Association to limit the number of guests of Members and to limit the use of the Community Facilities by persons not in possession of a Residence, but owning a portion of the interest in a Residence required for membership; (b) The right of the Association to establish reasonable rules and regula- tions pertaining to the use of the Community Facilities; (c) The right of the Association to borrow money for the purpose of improv- ing, replacing, restoring or expanding the Community Facilities or adding new Community Facilities and in aid thereof, to mortgage said property, provided that the prior affirmative vote or written approval of a majority of each of the Class A and the Class B Members has been obtained to mortgage said property, and pro- vided further that the rights of the lender thereunder shall be subordinated to t the rights of the Members. In the event of a default upon any such mortgage of the Community Facilities, the lenderls rights thereunder shall be limited to a right, after taking possession of such properties, to charge admission and other fees as a condition to continued enjoyment by the Members and, if necessary, to open the enjoyment of the Community Facilities to a wider public until the mort- gage debt is satisfied, whereupon the possession of such properties shall be returned to the Association and all rights of the Members hereunder shall be fully restored; (d) The right of the Association to suspend the right of a Member to use the Community Facilities or any portion thereof designated by the Board during any time in which any Assessment against his Residence remains unpaid and delin- quent or for a period not to exceed thirty (30) days for any single infraction of the rules and regulations of the Association, provided that any suspension of such right to use such Community Facilities, except for failure to pay Assess- ments, shall be made only by the Association or a duly appointed committee thereof, after notice and hearing given and held in accordance with the Bylaws, it being fully understood that any suspension for either non-payment of an Assessment or breach of restrictions shall not constitute a waiver or discharge of the Member's duty to pay.Assessments as provided herein. Notwithstanding the foregoing, the Association shall not have the right hereunder to suspend any Member's right to use any portion of the Covered Property necessary for such Member to gain access to his Residence; (e) The right of the Association subject to the approval rights of First Mortgagees pursuant to the Article hereof entitled "Rights of Lenders", to dedi- cate or transfer all or any part of the Community Facilities to any public agency, authority or utility or other entity. No such dedication or transfer, including, without limitation, the conveyance, lease or other transfer of any portion of the Community Facilities to a special tax assessment district or to the City, shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the voting power of the membership has been recorded, agreeing to such dedication or transfer. The certificate of the President and the Secretary of the Association attached to such instrument certifying that the Members signing such instrument represent two-thirds (2/3) of the voting power of the Association shall be deemed conclusive proof thereof; (f) The right of the Association to establish in cooperation with the City, a special tax assessment district for the performance of all or a portion of the maintenance and other functions now within the responsibility of the Association, together with the right of the Association to convey, lease or otherwise trans- fer, subject to the provisions of this Section, all or any portion of the Com- munity Facilities to said district; and 12-1 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) (g) The rights and reservations of Declarant as set forth in this Declara- tion, including the right of Declarant and its sales agents, representatives and prospective purchasers, to the non-exclusive use of the Community Facilities, without cost, for access, ingress, egress, use and enjoyment in order to dispose of the Residences in the Covered Property, until the close of escrow for the sale of all of the Residences; provided, however, that such use shall not unreasonably interfere with the rights of enjoyment of the other Owners as provided herein. Section 2 - Delegation of Use. Any Member may delegate his right of enjoyment to the Community Facilities to the members of his family or his tenants who reside on his Residence, or to his guests, subject to rules and regulations adopted by the Board. Section 3 - Waiver of Use. No Member may exempt himself from personal liability for Assessments duly levied by the Association, nor release the Residence owned by him from the liens, charges and other provisions of this Declaration, the Articles, Bylaws and Association Rules, by waiver of the use and enjoyment of the Community Facilities, or the abandonment of his Residence. 12-2 V. CC&R's BAD69d Canyon Fairway Community Association (6-6-84) a t ARTICLE XIII EASEMENTS Section 1 - Amendment to Eliminate Easements. This Declaration cannot be amended to modify or eliminate the easements reserved to Declarant without prior written approval of Declarant and any attempt to do so shall have no effect. Any attempt to modify or eliminate this Section shall likewise require the prior written approval of Declarant. Section 2 - Nature of Easements. Unless otherwise set forth herein, any easement reserved to Declarant herein shall be nonexclusive. Section 3 - Certain Rights and Easements Reserved to Declarant. (a) utilities. Easements over the Covered Property for the installation and maintenance of electric, telephone, cable television, water, gas, sanitary sewer lines and drainage facilities as are needed to service the Covered Property are hereby reserved by Declarant, together with the right to grant and transfer the same; provided, however, such easements shall not unreasonably interfere with the use and enjoyment by the Members of their Residences or the Community Facili- ties. (b) Cable Television. There is hereby reserved to Declarant over the Covered Property, together with the right to grant and transfer the same, the right to emplace on, under or across the Covered Property transmission lines andP other facilities for a community antenna television system and thereafter to own and convey such lines and facilities and the right to enter upon the Covered Property to service, maintain, repair, reconstruct and replace said lines or facilities; provided, however, that the exercise of such rights shall not unrea- sonably interfere with any Owner's reasonable use and enjoyment of his Residence. (c) Oil and Mineral Rights. There is hereby reserved to Declarant, to- gether with the right to grant and transfer the same, all oil, oil rights, miner- als, mineral rights, natural gas rights, and other hydrocarbons by whatsoever name known, geothermal steam, and all products derived from any of the foregoing, that may be within or under the Covered Property together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from said land or any other land, including the right to whip- stock or directionally drill and mine from lands other than the Covered Property, oil or gas wells, tunnels and shafts into, through or across the subsurface of the Covered Property and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or'mines without, however, the right to drill, mine, store, explore and operate through the surface or the upper 500 feet of the subsurface of the Covered Property which is prohibited. (d) Water Rights. There is hereby reserved to Declarant with full right and power, among others, to transfer or assign to others or to use or utilize on any other property owned or leased by Declarant, any and all water rights or interests in water rights no matter how acquired by Declarant, and owned or used by Declarant in connection with or with respect to the Covered Property, whether such water rights shall be riparian, overlying, appropriative, percolating, pre- scriptive or contractual, provided, however, that the reservation made herein shall not reserve to or for the benefit of Declarant any right to enter upon the surface of the Covered Property in the exercise of such rights. (e) Construction and Sales. There is hereby reserved to Declarant, to- gether with the right to grant and transfer the same to Declarant's sales agents and representatives and prospective purchasers of Residences, over the Covered Property as the same may from time to time exist, easements for construction, display, maintenance, sales and exhibit purposes in connection with the erection and sale or lease of Residences within the Covered Property; provided, however, that such use shall not be for a period beyond the sale by Declarant of all Resi- dences within the Covered Property or five (5) years whichever occurs first, and provided further that no such use by Declarant and others shall otherwise re- strict the Members in the reasonable use and enjoyment of the Covered Property. 13-1 CC&R's BAD69d Canyon Fairway Community As (6-6-84) (f) Utilities Shown on Tract Map. There is hereby reserved to Declarant, together with the right to grant and transfer the same, easements over the Covered Property for the installation and maintenance of electric, telephone, cable television, water, gas, sanitary sewer lines and drainage facilities as shown on the recorded tract maps covering the Covered Property. (g) City Public Service Use. There is hereby reserved to Declarant, with the right to grant and transfer the same, easements for public services of the City, including but not limited to, the right of the police to enter in a lawful manner upon any part of the Covered Property for the purpose of enforcing the law. Section 4 - Certain Easements for Owners. (a) Rights and Duties: Utilities and Cable Television. Wherever sanitary sewer house connections, water house connections, electricity, gas, telephone and cable television lines or drainage facilities are installed within the Covered Property, the Owners of any Residence served by said connections, lines or facil- ities shall have the right and there is hereby reserved to Declarant, together with the right to grant and transfer the same to Owners an easement to the full extent necessary for the full use and enjoyment of such portion of such connec- tions which service his Residence, and to enter upon the Residences owned by others, or to have utility companies enter upon the Residences owned by others, in or upon which said connections, lines or facilities, or any portion thereof lie, to repair, replace and generally maintain said connections as and when the it same may be necessary as set forth below, provided that such Owner or utility company shall promptly repair -any damage to a Residence caused by such entry as promptly as possible after completion of work thereon. Such Owner shall have the duty to maintain in a neat and safe condition in accordance with the applicable government rules and regulations, and repair, replace and make necessary improve- ments to such connections. (b) Ingress, Egress and Recreational Rights. Declarant hereby reserves to itself, its successors and assigns, and agrees that it will grant to all Owners nonexclusive easements for ingress, egress, pedestrian walkway and general re- creational purposes over and upon the Community Facilities. Such easements when granted to Owners shall be subject to the rights of the Association as set forth in the Article hereof entitled "Rights of Enjoyment". (c) Ingress and Egress Over Big Canyon Drive. Easements for ingress and egress and pedestrian walkway and vehicular purposes to and from the Covered Property over that street more commonly known as Big Canyon Drive as reserved by Declarant in the following Grants Deeds: (i) Over Lot B and C of.Tract No. 7223 (per map recorded in Book 274, Pages 7 to 18, inclusive, Miscellaneous Maps, Records of Orange County, Califor- nia); which was recorded June 30, 1971, in Book 9699 at Page 982, Official Re- cords of Orange County, California. (ii) Over Lot I of Tract No. 7519 (per map recorded in Book 294, Pages 1 to 4, inclusive, Miscellaneous Maps, Records of Orange County, California); which was recorded January 12, 1973, in Book 10513 at Page 559 Official Records of Orange County, California. (iii) Over Lot B of Tract No. 7638 (per map recorded in Book 306, Pages 1 to 9, inclusive, Miscellaneous Maps, Records of Orange County, California) which was recorded March 27, 1983, in Book 10612 at Page 525, Official Records of Orange County, California. (iv) Over Lot F of Tract No. 7788 (per map recorded in Book 3019 Pages 10 to 14, inclusive, Miscellaneous Maps, Records of Orange County, California); which was recorded July 99 1973, in Book 10791 at Page 807, Official Records of Orange County, California. (v) Over Lot D of Tract No. 7800 (per map recorded in Book 304, Pages 35 to 37, inclusive, Miscellaneous Maps, Records of Orange County, California); which was recorded August 28, 1974, in Book 11231 at Page 449, Official Records of Orange County, California. 13-2 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) (vi) Over Lot E of Tract No. 7809 (per map recorded in Book 304, Pages 38 to 40, inclusive, Miscellaneous Maps, Records of Orange County, California); which was recorded June 18,•1974, in Book 11174 at Page 12042 Official Records of Orange County, California. (d) Drainage Easement. There is hereby reserved to Declarant, together with the right to grant and transfer the same to Owners, over the Community Facilities easements for sheet flow drainage from the Residences. Section 5 - Certain Easements for Association. (a) Association Rights. There is hereby reserved to Declarant easements over the Covered Property, together with the right and obligation to grant and transfer the same to the Association, for the purpose of permitting the Associa- tion to discharge its obligations as described in this Declaration, including without limitation those enumerated in Article VII, hereof, entitled "Repair and Maintenance." (b) Rights and Duties: utilities and Cable Television. Wherever sanitary sewer house connections, water house connections, electricity, gas, telephone and cable television lines or drainage facilities are installed within the Covered Property, and said connections, lines or facilities serve the Community Facili- ties, the Association shall have the right and there is hereby reserved to Declarant, together with the right to grant and transfer the same to the Associa- tion an easement to the full extent necessary for the full use and enjoyment of ! such portion of such connections which service the Community Facilities and to enter upon the Residences owned by others, or to have utility -companies enter upon the Residences owned by others, in or upon which said connections, lines or facilities, or any portion thereof lie, to repair, replace and generally maintain said connections as and when the same may be necessary as set forth below, pro- vided the Association or utility company shall promptly repair any damage to a Residence caused by such entry as promptly as possible after completion of work thereon. The Association shall have the duty to maintain in a neat and safe condition in accordance with the applicable government rules and regulations, and repair, replace and make necessary improvements to such connections. Section 6 - Creation 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 with the land for the use and benefit of the Residences and Covered Property superior to all other encumbrances applied against or in favor of any portion of the Covered Property. In furtherance of the easements provided for in this Declaration, the individual grant deeds to Residences may, but shall not be required to, set fortes said easements. 13-3 e CC&R's BAD69d Canyon Fairway Community Association (6-6-84) i ARTICLE XIV ANNEXATIONS Section 1 - Annexation Pursuant to Approval. Upon the vote or written assent of not less than sixty-six and two-thirds percent (66-2/3X) of the Applicable Voting Power, any person who desires to add real property to the plan of this Declara- tion and to subject such property to the jurisdiction of the Association, may file of record a Supplementary Declaration as hereinafter defined. The certifi- cate of the President and the Secretary of the Association attached to any Sup- plementary Declaration recorded pursuant to this Section certifying that the required sixty-six and two-thirds percent (66-2/3X) of the Applicable Voting Power has approved the recordation of such Supplementary Declaration shall be deemed conclusive proof thereof. Section 2 - Supplementary Declarations. A Supplementary Declaration shall be a writing in recordable form which annexes real property to the plan of this Decla- ration and which incorporates by reference all of the covenants, conditions, restrictions, easements and other provisions of this Declaration and shall con- tain such other provisions as set forth in this Declaration relating to Supple- mentary Declarations. Such Supplementary Declarations contemplated above may contain such complementary additions and modifications of the covenants, condi- tions and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the annexed property and as are not inconsistent with the plan of this Declaration. In no event, however, shall any, such Supplementary Declaration, or any.merger or consolidation, revoke, modify or add to the covenants established by this Declaration with respect to the existing property. Section 3 - Mergers or Consolidations. Upon a merger or consolidation of the Association with another association which merger or consolidation must be approved by sixty-six and two-thirds percent (66-2/3%) of the Applicable Voting Power, the Association's properties, rights and obligations may, by operation of law, be transferred to the surviving or consolidated association, or, alterna- tively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Asso- ciation as a surviving corporation pursuant to a merger. The surviving or con- solidated association may administer the covenants, conditions and restrictions established by this Declaration within the Covered Property, together with the covenants and restrictions established upon any other property as one plan. CC&R's BAD69d 14-1 Canyon Fairway Community Association (6-6-84) • t s ARTICLE XV RIGHTS OF LENDERS Section 1 - Filing Notice; Notices and Approvals. A Mortgagee shall not be enti- tled to receive any notice which this Declaration requires the Association to deliver to Mortgagees unless and until such Mortgagee, or its mortgage servicing contractor, has delivered to the Board a written notice stating that such Mort- gagee is the holder of a Mortgage encumbering a Residence within the Covered Property. Such notice need not state which Residence or Residences are encum- bered by such Mortgage, but shall state whether such Mortgagee is a First Mort- gagee. Wherever the approval of all or a specified percentage of Mortgagees is required pursuant to this Declaration, it shall be deemed to mean the vote or approval of all or a specified percentage only of those Mortgagees which have delivered such notice to the Board. Notwithstanding the foregoing, if any right of a Mortgagee under this Declaration is conditioned on a specific written request to the Association, in addition to having delivered the notice provided in this Section, a Mortgagee must also make such request, either in a separate writing delivered to the Association or in the notice provided above in this Section, in order to be entitled to such right. Except as provided in this Sec- tion, a Mortgagee's rights pursuant to this Declaration, including, without limi- tation, the priority of the lien of Mortgages over the lien of Assessments levied by the Association hereunder shall not be affected by the failure to deliver a notice to the Board. Any notice or request delivered to the Board by a Mortgagee shall remain effective without any further action by such Mortgagee for so long as the facts set forth in such notice or request remain unchanged. Section 2 - Priority of Mortgage Lien. No breach of the covenants, conditions or restrictions herein contained, nor the enforcement of any lien provisions herein, shall affect, impair, defeat or render invalid the lien or charge of any First Mortgage made in good faith and for value encumbering any Residence, but all of said covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through foreclosure or trustee's sale, or otherwise, with respect to a Residence except as otherwise provided in this Article. Section 3 - Curing Defaults. A Mortgagee or the immediate transferee of such Mortgagee, who acquires title by judicial foreclosure, deed in lieu of foreclo- sure or trustee's sale shall not be obligated to cure any breach of the provi- sions of this Declaration which is noncurable or of a type which is not practical or feasible to cure. The determination of the Board made in good faith as to whether a breach is noncurable or not feasible to cure shall be final and binding on all Mortgagees. Section 4 - Resale. .It is intended that any loan to facilitate the resale of any Residence after judicial foreclosure, deed in lieu of foreclosure or trustee's sale is a loan made in good faith and for value and entitled.to all of the rights and protections afforded to other Mortgagees. Section 5 - Relationship with Assessment Liens. (a) The lien provided for in the Article hereof entitled "Nonpayment of Assessments" for the payment of Assessments shall be subordinate to the lien of any First Mortgage which was recorded prior to the date any such Assessment becomes due. (b) If any Residence subject to a monetary lien created by any provision hereof shall be subject to the lien of a First Mortgage: (1) the foreclosure of any lien created by anything set forth in this Declaration shall not operate to affect or impair the lien of such First Mortgage; and (2) the foreclosure of the lien of said First Mortgage, except by the acceptance of a deed in lieu of fore- closure, (such events being hereinafter referred to as "Events of Foreclosure") shall not operate to affect or impair the lien hereof, except that any persons who obtain an interest through any of the Events of Foreclosure, except by the acceptance of a deed in lieu of foreclosure, and their successors in interest, shall take title free of the lien hereof or any personal obligation for said charges as shall have accrued up to the foreclosure of the lien of said First Mortgage, but subject to the lien hereof for all said charges that shall accrue subsequent to the foreclosure of the lien of said First Mortgage. CChR's BAD69d 15-1 Canyon Fairway Community Association (6-6-84) (c) Any First Mortgagee who obtains title to a Residence by reason of any of the Events of Foreclosure, except by the acceptance of a deed in lieu of fore- closure, or any purchaser at a private or judicial foreclosure sale of a First Mortgage, shall take title to such Residence free of any lien or claim for unpaid Assessments against such Residence which accrue prior to the time such First Mortgagee or purchaser takes title to such Residence, except for liens or claims for a share of such Assessments resulting from a pro rata reallocation of such Assessments to all Residences within the Covered Property. (d) Nothing in this Section shall be construed to release any Owner from his obligations to pay for any Assessment levied pursuant to this Declaration. Section 6 - Seventy -Five Percent (75%) Vote of First Mortgagees. Except upon the prior written approval of at least seventy-five percent (75%) of First Mortga- gees, based on one (1) vote for each First Mortgage held, neither the Association nor the Members shall be entitled to do any of the following: (a) Dissolve the Association or abandon or terminate the maintenance of the Community Facilities by the Association; or (b) Amend a material provision of this Declaration, the Bylaws or the Arti- cles. A material provision of such documents shall be defined as those provi- sions governing the following subjects: (i) The fundamental purpose for which the project was created; (ii) Voting; (iii) Assessments, assessment liens and subordination thereof; (iv) The reserve for repair and replacement of Community Facilities; (v) Property maintenance obligations; (vi) Casualty and liability insurance; (vii) Reconstruction in the event of damage or destruction; (viii) Rights to use the Community Facilities; (ix) Annexation; (x) Any provision, which by its terms, is specifically for the bene- fit of First Mortgagees, or specifically, confers rights on First Mortgagees; (xi) Leasing of a Residence; and M (xii) The imposition of any right of first refusal or similar restric- tion or the right of an Owner to sell, transfer, or otherwise convey his or her Residence. Any addition or amendment shall not be considered material if for the purpose of correcting technical errors or for clarification only. Any First Mortgagee who does not deliver or post to the requesting party a negative response within thirty (30) days shall be deemed to have approved such a request. (c) Effectuate any decision to terminate professional management and assume self -management of the Covered Property; (d) Abandon, partition, sell, alienate, subdivide, release, transfer, hypo- thecate or otherwise encumber the Community Facilities; provided, however, the granting of easements for public utilities or other public purposes consistent with the intended use of the Community Facilities shall not require such approval; (e) Use any hazard insurance proceeds for losses to the Community Facili- ties for other than repair, replacement or reconstruction of such Community Facilities. 15-2 CChR's BAD69d Canyon Fairway Community Association (6-6-84) f L Section 7 - Other Rights of First Mortgagees. Any First Mortgagee or its mortgage servicing contractor, shall, upon written request to the Association, be entitled to: (a) Receive current copies of the Articles, Bylaws, Declarations, Custom Lot Declaration and Association Rules and inspect the books and records of the Association during normal business hours; (b) Receive the annual audited financial statement of the Association ninety (90) days following the end of the Association's fiscal year; (c) Receive written notice of all annual and special meetings of the Mem- bers or of the Board, and First Mortgagees shall further be entitled to designate a representative to attend all such meetings in order to, among other things, draw attention to violations of this Declaration which have not been corrected or made the subject of remedial action by the Association; provided, however, no- thing contained in this Section shall give a First Mortgagee the right to call a meeting of the Board or of the Members for any purpose or to vote at any such meeting; and (d) Receive written notification from the Association of any default in the performance of the obligations imposed by this Declaration by the Owner whose Residence is encumbered by such First Mortgagee's Mortgage, which default has not been cured within thirty (30) days of a request therefor by the Association; provided, however, the Association shall only be obligated to provide such notice to First Mortgagees who have delivered a written request therefor to the Associa'L tion specifying the Residence or Residences to which such request relates. Section 8 - Mortgagees Furnishing Information. Mortgagees are hereby authorized to furnish information to the Board concerning the status of any Mortgage. Section 9 - Right of First Refusal. In the event this Declaration is amended to provide for any right of first refusal to purchase or lease a Residence in the Association, a Mortgagee who comes into possession of a Residence pursuant to a judicial foreclosure, a deed in lieu of foreclosure or a trustee's sale shall be exempt therefrom. In addition conveyances to and from third party foreclosure purchasers and mortgage insurers and guarantors shall also be exempt. No right of first refusal shall impair the rights of a Mortgagee to sell or lease a Resi- dence acquired by a foreclosure, either judicially or by trustees sale, or in a deed in lieu of foreclosure. Section 10 - Conflicts. In the event of any conflict between any of the provisions of this Article and any of the other provisions of this Declaration, the provi- sions of this Article shall control. Section 11 - Notice of Destruction or Taking. In the event that any Community Facilities, or any portion thereof, is substantially damaged or is made the sub-+„ ject of any condemnation proceeding in eminent domain or is otherwise sought to be acquired by a condemning authority, the Board shall promptly notify any First. Mortgagee affected by such destruction, taking or threatened taking. As used herein, "substantially damaged" or "taking" shall mean damage or taking exceeding Ten Thousand Dollars ($10,000.00). If requested in writing by a First Mortgagee, the Association shall evidence its obligations under this Section in a written agreement in favor of such First Mortgagee. Section 12 - Payment of Taxes or Premiums by First Mortgagees. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Community Facilities, unless such taxes or charges are separately assessed against the Owners, in which case the rights of First Mortgagees shall be governed by the provisions of their Mortgages. First Mortgagees may, jointly or singly, also pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for the Community Facilities and First Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Entitlement to such reimbursement shall be reflected in an agreement in favor of any First Mortgagee which requests the same to be executed by -the Association. 15-3 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) ARTICLE XVI GENERAL PROVISIONS Section 1 - Enforcement. The Association, or any Owner, shall have the right to enforce by proceedings at law or in equity, all restrictions, conditions, cove- nants and reservations, now or hereafter imposed by the provisions of this Decla- ration or any amendment thereto, including the right to prevent the violation of any such restrictions, conditions, covenants, or reservations and the right to recover damages or other dues for such violation. The Association or any Owner shall also have the right to enforce by proceedings at law or in equity the pro- visions of the Articles or Bylaws and any amendments thereto. With respect to architectural control, Assessment liens or any other liens or charges and Associ- ation Rules, the Association shall have the exclusive right to the enforcement thereof. Section 2 - No Waiver. Failure by the Association or by any Member to enforce any covenant, condition, or restriction herein contained, or the Articles, Bylaws or Association Rules, in any certain instance or on any particular occasion shall not be deemed a waiver of such right on any such future breach of the same or any other covenant, condition or restriction. Section 3 - Cumulative Remedies. All rights, options and remedies of Declarant, the Association, the Owners or Mortgagees under this Declaration are cumulative, and not one of them shall be exclusive of any other, and Declarant, the Asso- ciation, the Owners and the Mortgagees shall have the right to pursue any one or all of such rights,.options and remedies or any other remedy or relief which may be provided by Law, whether or not stated in this Declaration. Section 4 - Severability. Invalidation of any one or a portion of these cove- nants, conditions or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 5 - Covenants to Run with the Land; Term. The covenants, conditions and restrictions of this Declaration shall run with and bind the Covered Property and shall inure to the benefit of and be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors and assigns, for a term of sixty (60) years from the date this Declaration is recorded, after which time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument, signed by a majority of the then Owners and seventy-five percent (75%) of the First Mortgagees, based on one (1) vote for each First Mortgage held, has been recorded at least one (1) year prior to the end of any such period, agreeing to change said covenants, conditions and restrict.Lons in whole or in part.. Section 6 - Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a plan for the development of a residential community or tract and for the maintenance of the Covered Property. The Article and Section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. Section 7 - Singular Includes Plural. Whenever the context of this Declaration requires same, the singular shall include the plural and the masculine shall include the feminine and the neuter. Section 8 - Nuisance. The result of every act or omission, whereby any provision, condition, restriction, covenant, easement, or reservation contained in this Declaration is violated in whole or in part, is hereby declared to be and con- stitutes a nuisance, and every remedy allowed by law or equity against a nui- sance, either public or private, shall be applicable against every such result, and may be exercised by the Association or any Member. Such remedy shall be deemed cumulative and not exclusive. Section 9 - Attorneys' Fees. In the event action is instituted to enforce any of the provisions contained in this Declaration, the party prevailing in such action shall be entitled to recover from the other party thereto as part of the judg- ment, reasonable attorneys' fees and costs of such suit. 16-1 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) Y s F Section 10 - Notices. Any notice required or permitted hereunder shall be in writ- ing and personally delivered or sent by First Class United States Mail, postage prepaid as follows: (a) If to an Owner, to the most recent address furnished by such Owner in writing to the Association for the purpose of giving notice, or if no such address shall have been furnished, then to the street address of such Owner's Residence. In the case of co -Owners, any such notice may be delivered or sent to any one of the co -Owners on behalf of all co -Owners and such notice shall be deemed delivery on all such co -Owners; (b) If to Mortgagee or its mortgage servicing contractor, to the address furnished to the Association by such Mortgagee or such contractor for the pur- poses of notice, or, if no such address is furnished, to any office of the Mort- gagee in Orange County, California, or if no such office is located in said County, to any office of such Mortgagee; (c) If to the Association or the Board, to any Board member, or if to the Architectural Committee, to any member of such Committee, to the address of the principal place of business of the Association as stated in the Articles. Any notice given in the manner herein provided shall be effective when personally served or forty-eight (48) hours after deposited in the mail within Orange County, California, if mailed. Section 11 - Obligations of Declarant. So long as Declarant is utilizing the ease- ment described in the Section entitled "Construction and Sales" of the Article in this Declaration entitled "Easements," Declarant shall not be subject to the provisions of the Article entitled "Architectural Control" or the provisions of the Article entitled "Use Restrictions." Section 12 - Effect of Declaration. This Declaration is made for the purposes set forth in the Recitals to this Declaration and Declarant makes no warranties or representations, express or implied, as to the binding effect or enforceability of all or any portion of this Declaration, or as to the compliance of any of these provisions with public laws, ordinances and regulations applicable thereto. Section 13 - Choice of Law and Conflicts. In case of any conflict between this Declaration and the Articles or Bylaws or Association rules, this Declaration shall control. The validity, interpretation and performance of this Declaration, the Articles and Bylaws shall be controlled and construed under the laws of the State of California. Section 14 - Personal Zovenant. To the extent the acceptance of a conveyance of a Residence creates a personal convenant.between the Owner of such Residence and Declarant or other Owners, such personal covenant shall terminate and be of no further force or effect from and after the date when a person or entity ceases to be an Owner except to the extent this Declaration may provide otherwise with respect to the payment of money to the Association. Section 15 - Nonliability of Officials. To the fullest extent permitted by law, neither the Board, the Architectural Committee, any other committees of the Asso- ciation or any member of such Board or committee shall be liable to any Member or the Association for any damage, loss or prejudice suffered or claimed on account of any decision, approval or disapproval of plans or specifications (whether or not defective), course of action, act, omission, error, negligence or the like made in good faith within which such Board, committees or persons reasonably believed to be the scope of their duties. Section 16 - Enforcement of Bonded Obligations. In the event that the improvements to the Community Facilities have not been completed prior to the issuance of a Final Subdivision Public Report covering the Covered Property by the Department of Real Estate of the State of California, and the Association is obligee under a bond or other arrangement (hereinafter the "Bond") to secure performance of the commitment of Declarant to complete such improvements, the following provisions shall apply: (a) The Board shall consider and vote on the question of action by the Association to enforce the obligations under the Bond.with respect -to any improvements for which a Notice of Completion has not been filed within sixty 16-2 CCbR's BAD69d Canyon Fairway Community Associatiol. (6-6-84, s i (60) days after the completion date specified for such improvements in the Planned Construction Statement appended to the Bond. If the Association has given an extension in writing for the completion of any Community Facilities improvement, the Board shall consider and vote on the aforesaid question if a Notice of Completion has not been filed within thirty (30) days after the expira- tion of such extension. (b) In the event that the Board determines not to initiate action to enforce the obligations under the Bond, or in the event the Board fails to con- sider and vote on such question as provided above, the Board shall call a special meeting of the Members for the purpose of voting to override such decision or such failure to act by the Board. Such meeting shall be called according to the provisions of the Bylaws dealing with meetings of the Members, but in any event such meeting shall be held not less than thirty-five (35) days nor more than forty-five (45) days after receipt by the Board of a petition for such meeting signed by Members representing five percent (5%) of the total voting power of the Association. (c) The only Members entitled to vote at such meeting of Members shall be the Owners other than Declarant. A vote at such meeting of a majority of the voting power of such Members other than Declarant to take action to enforce the obligations under the Bond shall be deemed to be the decision of the Association and the Board shall thereafter implement such decision by initiating and pursuing appropriate action in the name of the Association. Section 17 - Leases. Any agreement for the leasing or rental of a Residence t (hereinafter in this Section referred to as a "lease") shall provide that the terms of such lease shall be subject in all respects to the provisions of this Declaration, the Articles, the Bylaws, the Association Rules and any applicable agreements between the Association and any of the Federal Agencies. Said lease shall further provide that any failure by the lessee thereunder to comply with the terms of the foregoing documents shall be a default under the lease. All leases shall be in writing. Any Owner who shall lease his Residence shall be responsible for assuring compliance by such Owner's lessee with this Declaration, the Articles, the Bylaws and the Association Rules. No Residence shall be leased for transient or hotel purposes, which shall be defined as rental for any period less than thirty (30) days or any rental whatsoever, if the occupants of the Residence are provided customary hotel services such as room service for food and beverage, maid service, furnishing laundry and linen and bellboy service. Section 18 - Construction By Declarant. Nothing in this Declaration shalt limit the right of Declarant to alter the Community Facilities or the Residences, or to construct such additional improvements as Declarant deems advisable prior to completion of improvements upon and sale of the entire Development or five (5) years whichever occurs first. Such right shall include but shall not be limited to erecting, constructing and maintaining on the Covered Property such structures and displays as may be reasonably necessary for the conduct of the business of - completing the work and disposing of the same by sale, lease or otherwise. This Declaration shall not limit the right of Declarant at any time prior to acquisi tion of title by a purchaser from Declarant to establish on the Covered Property additional licenses, reservations and rights -of -way to itself, to utility com- panies, or to others as may from time to time be reasonably necessary to the proper development and disposal of the Development. Declarant reserves the right to alter its construction plans and designs as it deems appropriate. Declarant shall exercise its rights contained in this provision in such a way as not to unreasonably interfere with the Members' rights to use and enjoy the Covered Property. Section 19 - Amendments. Subject to the other provisions of this Declaration, including, without limitation, the rights of First Mortgagees pursuant to the Articles hereof entitled "Insurance" and "Rights of Lenders," or otherwise, this Declaration may be amended as follows: (a) Until such time as there is a Class A membership, this Declaration may be cancelled or amended by Declarant. Thereafter, as long as there is a Class B membership, any amendments shall require the affirmative vote or written assent of not less than sixty-six and two-thirds percent (66-2/3%) of each class of Members. After the Class B membership has been converted to Class A membership, amendments to the Declaration may be enacted by the vote or -written assent of (.0 sixty-six and two-thirds percent (66-2/32) of the total voting power of the 16-3 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) Association; and (ii) sixty-six and two-thirds (66-2/3%) of the votes of Members other than Declarant; (b) In addition to the foregoing, any amendment or modification of the Articles hereof entitled "Covenant for Maintenance Assessments," "Nonpayment of Assessments," "Architectural Control," "Repair and Maintenance," "Destruction of Improvements" and "Eminent Domain" shall additionally require the prior written approval of not less than seventy-five percent (752) of the Members other than Declarant; (c) An amendment or modification that requires the vote and written assent of the Members as hereinabove provided shall be effective when executed by the President and Secretary of -the Association who shall certify that the amendment or modification has been approved as hereinabove provided, and when recorded in the Official Records of Orange County, California; (d) Notwithstanding the foregoing, any provision of this Declaration, or the Articles, Bylaws or Association Rules which expressly requires the approval of a specified percentage of the voting power of the Association for action to be taken under said provision can be amended only with the affirmative vote or writ- ten assent of not less than the same percentage of the voting power of the Asso- ciation. Section 20 - Exemption of Public Property. All properties dedicated to and accepted by, or otherwise owned or acquired by a public authority, shall be exempt from this Declaration. IN WITNESS WHEREOF, Declarant has executed this instrument the day and year first hereinabove written. The Irvine Company, a Michiga ration sident Secretary STATE OF CALIFORNIA ) ss. COUNTY OF �( ) On this day of �+ in the year4W before me, the undersigned, a Notary Public in and f said State, personally appeared 81CHARD 0.SIM and012'_b` E personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as and �,SCtfThe S r_C R &Z/&y , respectively, on behalf of the corporation therein named and acknowledged tb me that the corporation executed it. WITNESS my hand and official seal. 7M. SEAL EENEY•n •CALIFORNIAFFICE INOUNTYNo ary Pu C in an or s tate W COMMISSIT. 22. 19i4 16-4 CC&R's BAD69d Canyon Fairway Community Association (6-6-84) EXHIBIT A COVERED PROPERTY Lots 1 to 22, inclusive, and Lots A, B, C, D, E and F of Tract 10814 per map filed in Book 527 at Pages 31 to 35 inclusive, Miscellaneous Maps, Official Records, Orange County, California. CC&R's Canyon Fairway Community Association BAD69d (6-6-84) �fC EXHIBIT B COMMUNITY FACILITIES Lots A, B, C, D, E, F and 22 of Tract 10814 per map filed in Book 527 at Pages 31 to 35, inclusive, Miscellaneous Maps, Official Records, Orange County, California. CC&R's Canyon Fairway Community Association BAD69d (6-6-84) 0 // c Ip 1171ICc7 W/Nl uom co a R (UMAA-9 // e i C-w7 r ralML AF�.� )14 21 -• is •e , I•tAN JDAOLIIN HILLS S • . 1\ THE IRVINE COMPANY CANYON FAIRWAY " ice} -. ; _.G.:,i i' �'- � �- : • i .� ' MAO '1 I LEGEND o PRIVATE LOT HIGH MAINTENANCE CONINION AREA (14,447 e.sJ FfpNIEON/rVER ASSOCIATION ry IN Al 0 ® 8LOPES�C�40'�BDA N:)F,ilMAWN AWIMM 1_J STREETS [83,840mr-.] QUEST PARKING AREA MAMi CAPE: 3,04M a f LANDSCAPE: O.30 ea FORSUM/SUMMERS Rr P1IKINERS, INC. r IANIK[Ai7 ARt lllT((-TS, ANA Storm Drain (existing) Tract Boundary 1" ■ 40' Sewer Line (existing) — BCCC — I Existing Slope and I Drainage Easement P.O.B. '^ rI —10.00' 5.29 39'S2"E 128th Course of Deed O.R. 11374/857 THE IRVINE COMPANY BIG CANYON - SITE 10 !!0 Ntw►ORT CENTER DRIVE • (714) 6&4d011 N[wroRt REACH, CALIFORNIA 92660 TITLE: Storm 6 Sever Easements DWN. BY DATE _ SHEET OF TT 10814 EXHIBIT D b3 I. Augusta Lane -11 17. Rue 84arritt -P 29. Rue Muntreaua-M 1R. Rue Cannes-V 30- Rue Saint Cloud -V 2. Braeburn Lane -11 3. Burning Tree Circle -C 19. Rue Chani-V 32. Rue Vertr-1 a. Burning Tree Road -C 20. Rue ChaNll -V y -3. Rue Ylllars -L 21. Rue Chateau Royal-M S. Cherry Hills Lane -C 6. Cypress Point Lane -11 27. Rue Deauville -P 34. Torrey Pines ne-C 35. Winged To Lane -C 7. Derrwwd Lane -C 23. Rue du Parc-t 24. Rue Fontainebleau -M 8. Green Brier Lane -H 9. Hermitage lane-H 25. Rue Fontaine-1 10. Hillcrest Lane -H 26. Rue brand Ducal-M 11. Inverness Lane -C 27. Rue Grand Vallee -I 12. Lochmoor Lane -H 28. Rue Marseilles - 13. Dakcrest Lane -H frd� Ia. oakannt Lane -H + , IS. Pineburst Lane -H 16. Royal Saint George Road -11 ENTER CLUBHOUSE VIL1A►GEWAY MANAGEMENT. INC. P 0. Box 4708 IRVINE. CALJFORNIA 92716 ® CANYON FAIRWAY Canyon Crelt - C Canyon Hills - H Canyon Island - I Canyon Lakes - L Canyon Mesa - M Canyon Point - P Canyon View - V 4 r. APR anr:� �. - til, TABLE OF CONTENTS INTRODUCTION PACE NO. Purpose of Architectural Standards I Definitions 3 Big Canyon Community Association 4 SITE DEVELOPMENT STANDARDS 5 The Community Plan 6 Environmental Considerations 8 Community Landscape Standards 9 ARCHITECTURAL STANDARDS 11 The Mediterranean Character 12 Building Envelope and Setbacks 14 Building Materials and Features 18 LANDSCAPE STANDARDS 21 Lot Landscape Standards 22 Site Preparation Standards 23 Streetscape Planting 25 Front Yard Planting 27 Side and Rear Yard Planting 29 Irrigation and Maintenance 31 SUBMITTAL PROCESS 33 Submissions Required 34 Deposits 35 Submittal No. 1 Required 36 Submittal No. 2 Required 38 Approval Process 41 PURPOSE OF THE ARCHITECTURAL STANDARDS The Architectural Standards present- ed in this book will help you design your new hone so 1t is in harmony with the Fairway One neighborhood. and the Big Canyon community. The Standards are based on the archi- tectural, landscaping and site development requirements that must be met as you Improve your Fairway One custom Lot. These requirements, which serve to maintain the design character of the community, are described in the Custom Lot Declar- ation and in the Declaration of Covenants, Conditions and Restric- tions for Fairway One. In addition to these requirements, the Improvements on your Lot 'must also, of course; conform to all appropriate city, state and federal building requirements. In some instances, there may be an over- lapping of requirements. Whenever that occurs, the more stringent requirements apply. THE SKETCHES AND OTHER GRAPHIC REPRESENTATIONS IN THIS BOOK ARE OFFERED ONLY AS GENERAL VISUAL AIDS IN UNDERSTANDING THE BASIC INTENT OF THE ARCHITECTURAL STANDARDS. THE ILLUSTRATIONS ARE NOT INTENDED TO DEPICT ANY ACTUAL LOT OR HOME DESIGN. E ARCHITECT: A person registered to practice architecture in the State of California. ARCHITECTURAL COMMITTEE: The com- mittee appointed by the Board of Directors of the Canyon Fairway Community Association ("CFCA") and/ or The Irvine Company as provided in the Governing Documents to review and either approve or disapprov6 proposals and/or plans and specifi- cations for the construction or installation of Improvements within Fairway One. BUILDING AREA: That portion of a Lot on which a home and related Improvements may be built as defined in the Custom Lot Declaration and these Architectural Standards. BUILDING ENVELOPE: That portion of a Building Area in which a custom home may be constructed which is defined by the applicable setback requirements and height limits -set forth herein and In the Governing Documents. EXCAVATION: Any grading on a Lot to a depth of two feet or more. DEFINITIONS FAIRWAY ONE: The project which is subject to these Architectural Stan- dards and the Governing Documents. In these Architectural Standards the terms Fairway One and Canyon Fairway shall be interchangeable and synonymous. FILL: Any added dirt or rock that raises the elevation of the Lot by two feet or more. GOVERNING DOCUMENTS: The Articles. Bylaws and Declaration of Covenants. Conditions and Restrictions for CFCA as well as the Association's Rules (the "Governing Documents") together with the Custom Lot Declaration for CFCA as adopted by Its Board of Directors and as amended from time to time. HAROSCAPE: Inorganic. impervious building and paving materials plated on the ground to form a permanent driving or walking surface (e.g., driveways, walkways, pool decks etc.) IMPROVEMENTS: Any structure or appurtenance of every kind and type including, but not limited to buildings, accessory buildings, shade structures, patio covers, walkways, sprinkler pipes, drainage devices, garages, swimming pools, spas, recreational facilities, tennis courts, roads, driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, landscaping, exterior lighting, antennae, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, mailboxes, exterior air conditioning, solar panels, and water softening fixtures or equipment. LOT: A Lot shown on any final map covering any real property subject to the jurisdiction of the CFCA together• with any Improvements thereon. STREETSCAPE: Design elements con- nected with a street, its right of way and immediately adjacent land; primarily plants, walls$ hardscape and lighting. 3 SITE DEVELOPMENT STANDARDS i r Y �j/Ii 1 fi CANYON FAIRWAY DRIVE (artists, conception) THE COMMUNITY PLAN Fairway One is located above the first fairway of the Big Canyon Golf Course. Fairway One seeks to blend with the established character of Big Canyon. and the evolving Mediterranean character of Newport Center. At the same time it provides a framework for individual architectural expres- sion that promotes the highest of aesthetic standards. Fairway One relies on two main fea- tures to insure the enhancement of community character: a unified streetscape and a consistent architectural style. LEGEND _ yy t by m COMMON SLOPE BANK o. A .w a.t«y wm.ta.d w %- PwvATE s� opE BAMrc . 8,y � bock m �b� L _ BULDING PAD: STREETSCAPE ZONE: COMra,ni EDGE: u i ! SIDE & REAR YARDS: DuldhV Y.Y fm aiwYid two 7. .1«MMop. NttlOM1� b 4id1p \frtl.t«y tm.wa.m- ttr�w.t�.d AWWRIOrY Pkrdbv irtJ.d by to M=IbwU=:Y dby tb. . w.i w oy w.tiw �w•�a Mef« PAOW b ow W W.a& Metlon lar %Wdk WNWIS kTWAM WY ON* 7 .y t__r Ir COMMUNITY LANDSCAPE STANDARDS The Community Edge and Slope Bank are the responsibility of the CFCA. They may not be altered. COMMUNITY EDGE The Community Edge is located between San Joaquin Hills Road and the individual Lots. It contains plantings that frame distant views from Newport Center towards Big Canyon while screening off the community. These plant materials have been selected for their permanency and compatibility with other plantings in Big Canyon and the . community's Mediterranean character. SLOPE BANK The slope area below each Lot con- tains drought resistant plantings selected to minimize soil erosion. to provide a landscaped backdrop for the golf course. a screen for privacy and to frame views frog the Fairway One community. These plant materials also have been selected for their permanency and compatibil- ity with other planting material in Big Canyon and the community's Mediterranean character. 0 THE MEDITERRANEAN CHARACTER q The Mediterranean character is more of a response to climate in basic materials and forms than a struc- tured order of architectural decoration and ornamentation. It is the intent of these standards to define some of the materials, colors, and forms' that constitute the Mediterranean character. it is also the intent of the Architectural Standards to allow flexibility of architectural expression within the framework of the Mediterranean character. To the left are examples of a'vari- ety of Mediterranean architectural - statements. They are illustrated here to give a general idea of some of the responses that would be ap- propriate in fairway One. Responses deemed inappropriate are "thematic" or "period" styles and "post modern". Thematic or period styles are characterized by their representation of the architecture of a different time or place in history. Post modern architecture is usually characterized by the free use of a combination of his- toric and modern decoration and forms. Unacceptable forms include turrets* half-timberst psuedo castles, etc... 13 BUILDING ENVELOPE AND SETBACKS � IMP �/[1aM+TE'��f'J' P� H/P oA ,,,,<Y i' Front Yard /of /O' k GARAGES Garages may protrude outside the Building Envelope if they are built to a 5 foot setback from the back of sidewalk and/or side property line as illustrated on page 14. The maximum garage area permitted outside the envieope is 250 square feet in the front yard and 125 square feet in the sideyard. The exterior wall of front facing garages shall be set back either 5'-0" or 18'-6" from the back of sidewalk. Garage door shall be recessed minimum 18" from the adjacent wall areas. All garages must be fully enclosed; carports are not acceptable. Automatic door openers are required. • To ensure a low building profile at the street, the maximum garage plate height at the front Rear Yard yard or side yard 5 foot setback shall be 9'-0" from the garage finish floor to the plate at the garage door. Hip or shed roof forms are permitted from the plate line; gable ends facing the street will not be permitted at the 5 foot setback. >'E MAXIMUM BUILDING HEIGHTS R.• a t• _ .'> First Story Envelope: 12 feet maximum a the front and rear yard setbacks. 20' max- '.'t. imum at the side yard setbacks. Second Story Envelope: 30' at its highest X". point. �xtY All heights for buildings, except as noted above, are measured from the average fin- STnIRYS/� ; ished pad elevation of a Lot in its origi- nal purchased condition. 15 f�Fdw Vw_.I @wwaiww FENCES Fencing and walls may not exceed 3 feet in height when located within the front 10 feet of the property. Fencing along the rear top of slope and rear 10 feet of all sideyards shall be fully or semi -transparent to a maximum height of 8 feet. Transparent fencing may be constructed above a 3 feet fixed height stucco wall matching the color and texture of the community walls. Sideyard fencing within the front and rear 10 feet is permitted to a maximum height of 8 feet. All wall heights are measured vertically from the average finished grade at the base of the fence or wall. No fence is to be constructed in the slope bank area below the top of slope. Fences must be of plaster, stucco, concrete or masonry finish material and designed in the Mediterreanan chatter. Fence finish colors may be off-white or light pastel only, as exhibited in the material and color board. Where fully or semi -transparent fencing - is desired, wrought iron or clear glass may be used. All other fencing materials are prohibited. Existing community fencing or walls may not be modified or altered. Side yard fencing between Lots must be kept inside property lines and may not be constructed on a property line without the written approval of all Lot owners affected. Structural framing and/or unfinished sides of fences or walls may not be exposed to any public right-of-way, Community Facility or neighboring Lot. BUILDING MATERIALS AND FEATURES MAILBOXES Mailboxes shall be provided by the developer, and maintained by the owner. Mailbox locations are shown on the Community Plan (pages 6 and 7). House address numbers shall be incorported into the de Sir . TRIM AND COLOR ACCENTS Exterior color accents shall be of permanent materials (with the exception of awnings). ',Wnod trim shall be painted as per the approved ,color palette. Dark stained wood trim is not Acceptable. _.. Ceramic tile accents are encouraged around window and door openings and balcony and low wall trim. Masonry accent materials are allowed within the .approved color and material board palette.* PATIO STRUCTURES, TRELLISES, SUN SHADES, AND GAZEBOS These appurtenant improvements to the Dwelling must be located entirely within the Building Envelope and are subject to its restrictions. All such auxiliary structures are to be designed in the Mediterranean character and integral to the architecture of the house. SUNDECKS, PATIOS AND POOL DECKS Decks may not protrude beyond the Building Envelope if they are constructed above the finished first floor elevation. In no event, however, shall any deck extend beyond the top of slope of an individual Lot. POOLS AND GAMECOURTS Pools and Gamecourts should be designed so they do not impact adjoining properties with light or sound and they shall not project beyond the top of the slope. Pool heaters and pumps must be screened from view and sound insulated from neighboring houses. GAS AND ELECTRIC METERS Gas and electric meter locations are to be designed into architecture and screened from view. TRASH CONTAINERS Each Lot must have designed walled trash container area screened from view both of neighbors and street. This area cannot be within the front setback line. MECHANICAL EQUIPMENT All air conditioning heating equipment and soft water tanks must be screened from view and be insulated for sound atenuation. A/C units not permitted on roofs. EXTERIOR SIGNS Exterior signs other than house numbers are prohibited. EXTERIOR LIGHTING All exterior lighting is to be indirect and shielded to prevent spillover onto adjacent Lots and the street. Exposed bulbs, spot lights, reflectors and lenses are prohibited. GRADING PLANS All grading must be based on a grading plan prepared by a Registered Engineer and/or Landscape Architect in conformance with the requirements of the City of Newport heath and other governmental agencies. This plan must be submitted to and approved by the Architectural Committee, and all necessary deposits described in the Architectural Standards shall be paid prior to commencement of work. Excavation or fill in excess -of 2' from the existing pad elevation as installed by the developer is prohibited in the front and rear yard -setbacks for dwelling and accessory buildings. Excavation in the rear yard for pool construction and tree installation is the only allowed exception. The grading plan must include the following information: existing contours (1' intervals), proposed contours (l' intervals), finished pad elevations, changes in slopes (with elevations), top and toe of slope line locations, method of surfce and/or subterranean drainage provisions (with line elevations) and site obstructions such as buildings, raised planters, shrubs and walls, etc. SITE PREPARATION 1. All demolition, clearing, grubbing, stripping of soil, excavation, compaction and grading must be performed within the owner's Lot area. Stockpiling may be allowed on adjacent Lots with the written permission of both Lot owners. SITE PREPARATION STANDARDS 2. The use of chemical treatment of exisiting vegetation, if necessary, must be accomplished through a State Licensd Pest Control Applicator. 3. Community slope bank landscaping must be protected during grading operations through the use of fencing or other protective barriers. 4. Adequate provisions must be made to prevent any surface waters from damaging excavations, public or private property, cut and fill slopes, both during and after construction. SITE DRAINAGE I. Surface drainage of paved areas must be a minimum I percent slope; except for swimming pool deck areas ., which must be a Is percent slope and shall be directed to deck and under- ground drains. Surface drainage of soil areas must be a minimum 1-112 percent slope; except •swale• or drainage of large turf areas which shall be a 2 percent slope. 2. All sites unable to meet these minimum surface drainage rates must use underground drains which trans- port drainage water to existing Lot drains. All drains must contain approved inlets with an appropriate grate and maintain a minimum drain rate of a 1 percent slope. All drain line material must be rigid Polystyrene. 1000 lb. crush strength or equal except when cast iron is required. Flex or ribbed drain line material 1s not acceptable. Solvent 1s to be used for all fitting installation per the manufacturer's recommendations. All existing Lot drains and top of slope berms shall be maintained as originally installed by Developer with the following exeception: Modifications to Lot drainage may be approved if designed by a Registered Engineer and submitted to the Architectural Committee. Drainage over the rear top of slope is prohibited. 231 LANDSCAPE STANDARDS LANDSCAPE STANDARDS Each of the Lots contain two landscape areas: the streetscape zone and its associated front yard planting and the side and rear yard zone. Planting In these zones is designed to create a cohesive environment that complements the Mediterranean character. The following planting palettes should be used In the landscaping of each Lot. STREETSCAPE PLANTING ZONE PALETTE The area 15 feet from the sidewalk toward the dwelling constitutes the street- scape planting zone. Trees: Pinus Canariensis- • At least four (4) specimen Canary island pines (Pines Canariensis) '4rp required within this zone. These four trees shall have a minimum slid as follows: - 1 - 364 Box and 3 - 240 Box Trees A maximum of six (6) Canary Island pines of a minimum 240 box size are allowed in each Lot within this 15 foot zone. Ground Cover: Turf is the ground cover recommended for this area. Acceptable species of turfgrass are as follows: Kentucky Bluegrass ' Hybrid Bermuda (Santa Ana Variety) Drought tolerant Others (Marathon. Excalibur) Drought tolerant If shrubs and alternative ground covers are required because of space constraints, at least 50% of the plants must consist of the following: • :LANDSCAPE STANDARDS Vines and Espaliers: Bignonia Cherere - Scarlet Trumpet Vine Bignonia Tweediania - Cates Claw Yellow Trumpet Vine Bougainvillea. 'Orange King' - Bougainvillea Bougainvillea 'San Diego Red' - Bougainvillea Cissus Rhombifolia - Grape Ivy Gelsemium Sempervirens - Carolina Jessamine Jasminum Polyanthum - Pink Jasmine Photinia Fraseri - Fraser's Photinia Tecomaria Capensis - Cape Honeysuckle Tracheleospermum Jasminoides - Star Jasmine Viburnum Tinus - Larestinus Xylosma Congestum - Shiny Xylosma • FRONT YARD PLANTING PALETTE • For plant material outside the streetscape zone but still in fynt of the dwelling, the owner is encouraged to install one of the following: Trees: Erythrina Caffra - Coral Tree _ Ficus Rubiginosa - Rusty Leaf Fig Ficus Florida - Florida Fig Ficus Benjamin& - Chinese Weeping Fig Ficus Mlcrophylla - Little Leaf Fig Ficus Retusa Nitida - Indian Laurel Fig P1nus Canariensis - Canary Island Pine. Ground Cover: It 1s further recommended that at least 50% of this area kflanted in turfgrass. Acceptable species are as follows: ;. Kentucky Bluegrass ,•..•,.: Hybrid Bermuda (Santa Ana variety) Drought tolerant :. ,� :• ,• Others (Marathon, Excalibur) Drought tolerant ;.' ; :.: :.:.., �:;. °• The remaining plant material should be made up of shrub and goad covers with at least 50% of the shrubs and ground covers consisi„t of th; • following species: 7 LANDSCAPE STANDARDS Vines and Espaliers Bignonia Cherere - Scarlet Trumpet Vine Bignonia Tweediania - Cat's Claw Yellow Trumpet Vine Bignonia Violacea - Lavender Trumpet Vine Bougainvillea 'Barbara Karst' - Bougainvillea Bougainvillea 'Brasillensis' - Bougainvillea Bougainvillea 'Orange King' - Bougainvillea 'Bougainvillea 'San Diego Red' - Bougainvillea Cissus Rhombifolia - Grape Ivy Gelsemium Sempervirens - Carolina Jessamine Jasminum Polyanthum - Pink Jasmine Photlnia Fraserl - Fraser's Photlnla Tecomarla Capensis - Cape Honeysuckle -Trachelospermum Jasminoides - Star Jasmine SIDE L REAR YARD PLANTING ZONE PALETTE The following trees are recommended: Eucalyptus Citriodora - Lemon Scent Eucalyptus Eucalyptus Sideroxylon Rosea - Pink Iron Bark Hymenosporum Flavu - Sweetshade Liquidambar Styraciflua 'Burgundy' - Sweetgum Liquidambar Styraciflua 'Palo Alto' - Sweetgum Helaleuca Leucadendra - Flax Leaf Paper Bark Pins Canariensis - Canary Island Pine Tristania Conferta - Brisbane Box Shrubs and ground covers for these areas may be similar to those recom- mended for the front yard palette, Additional species may be submitted for approval for the rear yard zone. Final placement of all rear yard trees will be approved by the Architectural Committee to avoid any view obstruction. , Deviations from these palettes may only be permitted upon written appro- val by a majority vote of the Board of Directors of CFCA. -29 LANDSCAPE STANDARDS 7. Additional plant materials other than those indicated on the recom- mended list may be used only upon approval of a majority of the Board of Directors. B. The planting design must be tailored to the type of irrigation system and operation proposed by the designer. An arrangement of plants requiring differing moisture requirements should•be avoided. 9. Vines should be secured to vertical surfaces in permanent fashion without trellises, except for major trellis structures designed as an integral oart of the architecture. Irrigation Standards The following information 1s intended to guide the owner -and Landscape Architect in plan submittal and structuring of the irrigation system for functional and maintenance efficiency. • 1. It 1s highly recommended that all irrigation systems be professional- ly designed by either a Landscape Architect or an irrigation consul- tant to Insure efficient water management and control for plant material. A 2. When selecting sprinkler heads, spacing, valving and the programming controller, the designer should consider varying environmental con- ditions or orientation, such as; sun and shade, soilss terrains percolation rates, moisture sensing, erosion control and wind. 3. All landscape areas must have an Irrigation. system. Al systems should utilize state of the art equipment by name brand manufac- turers. Use of automatic controls will offer flexibility and effi- : - cient irrigation. 4. The construction drawings should Indicate,- by graphic presentation$ the method of installing each type of sprinkler equipment and mate- rial used. 5. Irrigation system design should provide for the equipment manu- facturer's guarantee of achieving a uniform precipitation rate. 6. Efficiency in irrigation design will conserve water. 31' SUBMITTAL PROCESS SUBMITTAL AND REVIEW OF PLANS AND SPECIFICATIONS TO ARCHITECTURAL COMMITTEE Submittal of plans and specifications for the construction or installation of any and all improvements within Fairway One at Big Canyon 1s to be made to the Architectural Committee at the following address: Canyon Fairway Community Association Architectural Committee c/o The Irvine Company P. 0. Box I 550 Newport Center Drive Newport Beach, CA 92660-0015 The Board of Directors has the power to change the address for the submittal of plans and specifications. ' By way of illustration, but without limitation, submissions to the Architec- tural Committee for approval are required for the following Improvements: 1. New construction or installations including dwellings accessory buildings, garages, fences, retaining walls. steps, awnings. cano- pies, poles, mail boxes, trellises. patio overheads or decks, gaze- bos, sundecks, wind screens, tennis courts. swimming pools. foun- tains, spas, hot tubs, recreational apparatus, antennas, and exterior lighting, sound systems and solar energy systems. 2. Installation or revision of landscaping, hardscaping'or surface Im- provements including ground covers, trees* shrubs, plants* irrigation or drainage systems, recreation areas or courts, and surface drainage revisions. CITY AND OTHER APPROVAL Approval of any project by the Architectural Committee does not waive the' requirement for City of Newport Beach permits, nor does obtaining all re- quired City of Newport Beach permits waive the need for the Architectural Committee approval. The Architectural Committee will not knowingly ap- prove a project which violates City of Newport Beach building or zoning codes or those of any other governmental agency or entity, but takes no responsibility for plan conformance to any criteria other than these Fairway One Architectural Standards. 33 DEPOSITS DEPOSITS Each Owner shall at the'time of purchase of their Lot pay through escrow the following deposits: 1. One Thousand Dollars ($1.000.00) to assure the pi-oper clean=up of dirt and debris and repair of any damage to the landscaping, private streets and entry gates within Big Canyon caused by the Lot owner or agents in the construction of his or her Custom Home. 2. One Thousand Dollars (f1.000.00) to assure the •proper clean-up of dirt and debris and repair of any damage to the land- scaping. private streets and entry gates within Fairway One at Big Canyon caused by the Lot owner or agents in the construction of his or her Custom Home. These deposits or any remaining portion are to be refundable upon the comple- tion of the construction of an Owners Custom Home, with the exception of Three Hundred Dollars ($300) to be retained by the CFCA. Any refunds due wall be dis.. ' tibuted after the issuance of a certificate of occupancy by the City of Newport Beach and a written request by the Owner to the Board of Directors of BCCA and the CFCA Architectural Committee. The BCCA Board and the CFCA Committee will' each have the discretion to approve the release of their respective deposits 01 after determining that any damage caused by the Owner in the construction of his or her Custom Home has been repaired. SUBMITTAL CRITERIA Floor Plan: MIN. SCALE : Ila ' i' - 0' 1. Indicate all wallsq columns, openings, and any conditions or feature that will affect the exterior design of the building. 2. Dimension accurately all items and parts of plans and details. inclu- ding balconies. decks. atriums, carports; garages, storage buildings. square footage of total living area of residence, pools. recreation, areasg patio covers. 3. Include notes on all items of the exterior that cannot be clearly noted on the elevations. Elevations: MIN. SCALE : Ila ' 1' - 0' I. Provide exterior elevations to scale of all proposed buildings. 2. All finish materials, colorsq and textures should be identified. 3. The maximum permitted Building Envelope must be shown in relation :0 the proposed structure for all elevations. Exterior Colors and Finishes: A material color sample board or an elevation sheet with color chips attached and a clear indication as to which surface the color relates, and a sample of finish roofing material must be provided. Fence and Wall Plans: Drawings must include specifications of materialsq color and height. Heights should also be shown in relation to adjacent ground elevations. The plot plan should clearly indicate the location of proposed construc- tion including location and height of existing fences, walls and structures. 37: SUBMITTAL CRITERIA Grading Plan: 1. Show contourss flow lines. finished grades. 2. Changes of finished grade must be accompanied by 'a grading plan prepared by a registered civil or professional engineer or architect. SPECIAL ATTENTION SHOULD BE GIVEN TO SOIL PREPARATION. IT IS RECOMMENDED THAT THE SERVICE OF A QUALIFIED LANDSCAPE ARCHITECT OR SOILS CONSULTANT BE RETAINED TO PREPARE PLANS AND *PRESCRIBE SOIL AMENDMENT PRIOR TO SUB- MITTAL. Landscape Plan: 1. Show drainage for surface and subsurfaces including direction of flow and type and size of facility. 2. Show soil preparation and irrigation specification. 3. Show types size and location of all plant material. 4. Show all fencesq walls. trellises. arbors and gazebos$ their locations material and color. Pool Plans: To include plans for drainage, pool equipment and construction in confor- mance with the standards. IT IS STRONGLY RECOMMENDED THAT THE SERVICES OF A SOILS ENGINEER BE RETAINED TO REVIEW POOL PLANS AND SPECIFICATIONS PRIOR TO EXECUTING A CONSTRUCTION CONTRACT. THE SOIL IN YOUR LOT MAY BE EXPANSIVE AND THE POOL SHOULD BE DESIGNED ACCORDINGLY. 39, APPROVAL PROCESS W/[7' W9160 414 ��rsw c��rv=ivr� rr or mit Yam-olviawpo^r view rW1piwll?*w No. y OWT 41 DEPARTMENT OF REAL ESTATE OF THE STATE OF CALIFORNIA (213) 620-2700 HUD/ILSRD PLANNED DEVELOPMENT In the matter of the apprication of FINAL SUBDIVISION PUBLIC REPORT THE IRVINE COMPANY, A Michigan Corporation FILE NO.: 055736LA-F00 for a Final Subdivision Public Report on TRACT NO. 10814 "FAIRWAY ONE AT SIG CANYON" ORANGE COUNTY, CALIFORNIA ISSUED: EXPIRES: December 14, 1984 December 13, 1989 THIS REPORT IS NOT A RECOMMENDATION OR ENDORSEMENT Of THE SUBDIVISION BUT IS INFORMATIVE ONLY - BUYER OR LESSEE MUST SIGN THAT HE HAS RECEIVED AND READ THIS REPORT N A copy of this subdivision public report along with a statement advising that a copy of the public report may be obtained from the 0 owner, subdivider, or agent at any time, upon oral or written request, must be posted in a conspicuous place at any office where T sales or leases or offers to sell or lease lots within the subdivision are regularly made. E [Reference B&P Code Section 11018.1(b)) This Report Expires on Data Shown Above. If There Nos Been a Materiel Change in the Offering, an Amended Public Report Must be Obtained and Used in Lieu of This Report. Section 12920 of the California Government Code provides that the practice of discrimination because of race, color, religion, sex, maritel status, national origin or ancestry in housing accommodations is against public policy. Under Section 125.6 of the California Business and Professions Code, California real estate licensees are subject to disciplinary action by the Real E a t a t a Commissioner if they make any discrimination, distinction or restriction in negotiating sale or lease of real property because of the race, color, sex, religion, ancestry or national origin of the prospective buyer. If any prospective buyer or leaseo believes that a licensee is guilty of such conduct, he or she should contact the Deportment of Real Estate. Read the entire report on the following page• before contracting to purchase a lot in this subdivision. RE Form 618 Page 1 of 14 (Nov. 9/30/83) COMMON INTEREST SUBDIVISION GENERAL INFORMATION The project described in the attached Subdivision Public Report is known as a common -interest subdivision. Read the Public Report carefully for more information about the type of subdivision. The subdivision includes common areas and facilities which will be owned and/or operated by an owners' association. Purchase of a lot or unit automatically entitles and obligates you as a member of the association and, in most cases, includes a beneficial interest in the areas and facilities. Since membership in the association is mandatory, you should be aware of the following information before you purchase: Your ownership in this development and your rights and remedies as a member of its association will be controlled by governing instruments which generally include a Declaration of Restrictions (also known as CC&R7s). Articles of Incorporation (or association) and Bylaws. The provisions of these documents are intended to be, and in most cases are, enforceable in a court of law. Study these documents carefully before entering into a contract to purchase a subdivision interest. In order to provide funds for operation and maintenance of the common facilities, the association will levy assessments against your lot/unit. If you are delinquent in the payment of assessments, the association may enforce payment through court proceedings or your lot/unit may be liened and sold through the exercise of a power of sale. The anticipated income and expenses of the association, including the amount that you may expect to pay through assessments, are outlined in the proposed budget. Ask to see a copy of the budget if the subdivider has not already made it available for your examination. A homeowner association provides a vehicle for the ownership and use of recreational and other common facilities which were designed to attract you to buy in this subdivision. The association also provides a means to accomplish architectural control and to provide a base for homeowner interaction on a variety of issues. The purchaser of an interest in a common -interest subdivision should contemplate active participation in the affairs of the association. He or she should be willing to serve on the board of directors or on committees created by the board. In short, "they" in a common -interest subdivision Is "you". Unless you serve as a member of the governing board or on a committee appointed by the board, your control of the operation of the common areas and facilities is limited to your vote as a member of the association. There are actions that can be taken by the governing body without a vote of the members of the association which can have a significant impact upon the quality of life for association members. Until there is a sufficient number of purchasers of lots or units in a common -interest subdivision to elect a majority of the governing body, it is likely that the subdivider will effectively control the affairs of the association. It is frequently necessary and equitable that the subdivider do so during the early stages of development. It is vitally important to the owners of individual subdivision interests that the transition from subdivider to resident -owner control be accomplished in an orderly manner and in a spirit of coopertion. When contemplating the purchase of a dwelling in a common -interest subdivision, you should consider factors beyond the attractiveness of the dwelling units themselves. Study the governing instruments and give careful thought to whether you will be able to exist happily in an atmosphere of cooperative living where the interests of the group must be taken into account as well as the interests of the individual. Remember that managing a common -interest subdivision is very much like governing a small community ... the management can serve you well, but you will have to work for its success. tr RE FORM 646 (Print 3/31/81) Page 055736LA-F00 SPECIAL NOTES ANY AGREEMENT OR CONTRACT TO PURCHASE OR LEASE FOR A LOT COVERED BY THIS REPORT MAY BE RESCINDED (CANCELLED) BY THE PURCHASER WITHIN 7 DAYS FOLLOWING THE DATE THE PURCHASER EXECUTES THE CONTRACT TO PURCHASE OR LEASE. THE SUBDIVIDER IS REQUIRED TO DISCLOSE THIS RECISSION RIGHT TO YOU BY ATTACHING AN EXPLANATION OF THE RESCISSION PROCEDURE TO THIS PUBLIC REPORT. IF THIS TRANSACTION IS COVERED BY FEDERAL LAW UNDER CERTAIN CONDITIONS, YOU, HAVE ADDITIONAL RIGHTS UNDER FEDERAL LAW TO RESCIND THE CONTRACT. PROSPECTIVE PURCHASERS ARE URGED TO VISIT AND INSPECT THE PROPERTY BEFORE ENTERING INTO ANY AGREEMENT TO PURCHASE. THE PURCHASER SHOULD ASCERTAIN FOR HIMSELF, THAT THE PROPERTY MEETS HIS PERSONAL REQUIREMENTS AND EXPECTATIONS. THIS REPORT COVERS LOTS 1 THROUGH 21 WHICH ARE CUSTOM RESIDENTIAL HOMESITES AND LOTS A, B, C, D, E, F AND 22 WHICH ARE COMMON FACILITY LOTS. THE SUBDIVIDER MAY ELECT TO SELL LOTS WITHIN THIS SUBDIVISION SUBJECT TO AN OPTION TO REPURCHASE WHICH WOULD BE EXERCISABLE IN THE EVENT THAT THE PURCHASER DOES NOT COMMENCE AND COMPLETE THE CONSTRUCTION OF A RESIDENTIAL DWELLING ON HIS OR HER LOT WITHIN A PRESCRIBED PERIOD OF TIME. THE SUBDIVIDER HAS SUBMITTED THE FOLLOWING DETAILS CONCERNING THIS OPTION TO REPURCHASE: 1. PURCHASER MUST COMMENCE CONSTRUCTION WITHIN THREE (3) YEARS OF THE CLOSE OF ESCROW, 2. PURCHASER MUST COMPLETE CONSTRUCTION WITHIN FIVE (5) YEARS OF THE CLOSE OF ESCROW, 3. THE REPURCHASE PRICE IS ESTABLISHED IN THE OPTION TO REPURCHASE AS THE SUM OF THE PURCHASE PRICE PAID BY THE ORIGINAL PURCHASER PLUS CERTAIN ALLOWED HARD CONSTRUCTION COSTS WHICH ARE DESCRIBED IN GREATER DETAIL IN THE OPTION TO REPURCHASE. PRIOR TO SIGNING A CONTRACT OF PURCHASE FOR A LOT WITHIN THIS SUBDIVISION, YOU SHOULD CAREFULLY STUDY THE TERMS AND CONDITIONS OF THIS OPTION TO REPURCHASE. IF YOU ARE UNABLE TO UNDERSTAND YOUR RIGHTS AND YOUR OBLIGATIONS UNDER THIS OPTION TO REPURCHASEv THEN IT IS RECOMMENDED THAT YOU DISCUSS IT WITH YOUR ATTORNEY. Page 3 of 14 File No. 055736LA-FOO SPECIAL NOTES - (Continued) EACH RESIDENTIAL LOT (LOTS 1-21) WITHIN THIS SUBDIVISION WILL BE SUBJECT TO THE PAYMENT OF A FAIR SHARE CIRCULATION IMPROVEMENT FEE TO THE CITY OF NEWPORT BEACH AT SUCH TIME THAT ITS OWNER SECURES A BUILDING PERMIT TO COMMENCE CONSTRUCTION OF HIS OR HER HOME, THIS FEE IS CURRENTLY ESTABLISHED BY THE CITY OF NEWPORT BEACH AT $1,579.50 FOR EACH OF THE RESIDENTIAL LOTS IN THIS PROJECT BUT IS SUBJECT TO ADJUSTMENT ON AN ANNUAL BASIS. IT SHALL BE THE RESPONSIBILITY OF THE PURCHASER TO PAY THIS FEE, INCLUDING ANY INCREASES. GEOLOGIC•CONDITIONS: THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTHQUAKE SHAKING, RAPID EROSION OR SUBSIDENCE. THIS SUBDIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE HAZARDS MAY EXIST. SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT MAY OR MAY NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARATION. PURCHASERS MAY DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGINEERING GEOLOGIST AND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE -MENTIONED HAZARDS HAVE BEEN CONSIDERED AND IF THERE HAS BEEN ADEQUATE COMPLIANCE WITH CHAPTER 70 OR AN EQUIVALENT OR MORE STRINGENT GRADING ORDINANCE DURING THE 'CONSTRUCTION OF THIS SUBDIVISION. THIS PROJECT IS A COMMON -INTEREST SUBDIVISION OF THE TYPE REFERRED TO AS A "PLANNED DEVELOPMENT". IT INCLUDES COMMON AREAS AND COMMUNITY FACILITIES, WHICH WILL BE MAINTAINED BY TWO INCORPORATED OWNERS ASSOCIATIONS, THE BIG CANYON COMMUNITY ASSOCIATION, (MASTER ASSOCIATION) AND CANYON FAIRWAY COMMUNITY ASSOCIATION, (SUB -ASSOCIA- TION). THE ASSOCIATIONS HAVE THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS, THE COMMUNITY FACILITIES AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS LIMITED TO THE RIGHT OF YOUR ELECTED REPRESENTATIVES TO VOTE ON CERTAIN PROVISIONS AT MEETINGS. SINCE THE COMMUNITY FACILITIES WILL BE MAINTAINED BY AN ASSOCIATION OF HOMEOWNERS, IT IS ESSENTIAL THAT THIS ASSOCIATION BE FORMED EARLY AND PROPERLY. THE HOMEOWNER ASSOCIATION MUST HOLD THE FIRST ELECTION OF THE ASSOCIATION'S GOVERNING BODY WITHIN 45 DAYS Page 4 of 14 File No. 055736LA-FOO SPECIAL NOTES - (Continued) AFTER 51% SELL OUT OF THE INTERESTS AUTHORIZED FOR SALE UNDER THE FIRST PUBLIC REPORT FOR THE SUBDIVISION, ORp IN ANY EVENT, NO LATER THAN SIX MONTHS AFTER CLOSING THE FIRST SALE (REGULATIONS 2792,17 AND 2792.19), AND PREPARE AND DISTRIBUTE TO ALL HOMEOWNERS A BALANCE SHEET AND INCOME STATEMENT (REGULATION 2792.22). NO ESCROWS WILL CLOSE FOR SALES OF SUBDIVISION INTERESTS IN THIS SUBDIVISION UNTIL COMPLETION OF ALL COMMUNITY FACILITIES AND ALL SOILS WORK HAS BEEN PERFORMED IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE SOILS ENGINEER, OR AS AN ALTERNATIVE, THE SUBDIVIDER HAS SUBMITTED A BOND OR OTHER SECURITY ACCEPTABLE TO THE' DEPARTMENT OF REAL ESTATE UNDER THE PROVISIONS OF SECTION 11018.5 OF THE BUSINESS AND PROFESSIONS CODE TO ASSURE LIEN FREE COMPLETION OF ALL COMMUNITY FACILITIES. THE SUBDIVIDER MUST PAY ALL THE MONTHLY ASSESSMENTS WHICH HE OWES TO BOTH HOMEOWNERS ASSOCIATIONS FOR UNSOLD LOTS -- THE PAYMENTS MUST COMMENCE ON THE FIRST DAY OF THE MONTH AFTER SUBDIVIDER CLOSES FIRST SALE. (REGULATIONS 2792.9 AND 2792.16). THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION, BYLAWS AND DECLARATIONS OF COVENANTS CONDITIONS AND RESTRICTIONS FOR BOTH THE MASTER ASSOCIATION AND THE SUB ASSOCIATION AND THE CUSTOM LOT DECLARATION FOR CANYON FAIRWAY, BY POSTING THEM IN A PROMINENT LOCATION IN THE SALES OFFICE AND FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE OF THE COMMON AREAS AND COMMUNITY FACILITIES1 OBLIGATIONS) AND COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT. THE SUBDIVIDER STATED THAT IT WILL FURNISH THE CURRENT BOARD OF DIRECTORS OF THE CANYON FAIRWAY COMMUNITY ASSOCIATION THE BUILDING PLANS OF THE AREAS OF THE ASSOCIATION'S RESPONSIBILITY WHICH PLANS SHALL INCLUDE DIAGRAMS OF LOCATION OF MAJOR COMPONENTS, UTILITIES, AND RELATED DATA, THESE ITEMS WILL BE IMPORTANT TO THE BOARD OF DIRECTORS OR THOSE WHO WILL 'MANAGE OR REPAIR COMMUNITY FACILITIES IN THE SUBDIVISION. THE SUBDIVIDER OF THIS PROJECT HAS INDICATED THAT HE INTENDS TO SELL ALL OF THE LOTS IN THIS PROJECT•, HOWEVER, ANY OWNER, INCLUDING THE SUBDIVIDER, HAS Page 5 of 14 File No. 055736LA-F00 SPECIAL NOTES - (Continued) A LEGAL RIGHT TO LEASE THE LOTS, PROSPECTIVE PURCHASERS SHOULD CONSIDER POSSIBLE EFFECTS ON THE DEVELOPMENT IF A SUBSTANTIAL PORTION OF THE LOTS BECOME RENTAL PROPERTIES. IF YOU PURCHASE FIVE OR MORE SUBDIVISION INTERESTS (LOTS) FROM THE SUBDIVIDER, HE/SHE IS REQUIRED TO NOTIFY THE REAL ESTATE COMMISSIONER OF THE SALE. IF YOU INTEND TO SELL YOUR LOTS OR LEASE THEM FOR MORE THAN ONE YEAR, YOU ARE REQUIRED TO OBTAIN AN AMENDED SUBDIVISION PUBLIC REPORT BEFORE YOU CAN OFFER THEM FOR SALE OR LEASE, WARNING: WHEN YOU SELL YOUR LOT TO SOMEONE ELSE, YOU MUST GIVE THAT PERSON A COPY OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, ARTICLES OF INCORPORATION, THE BYLAWS AND A TRUE STATEMENT CONCERNING ANY DELINQUENT ASSESSMENTS, PENALTIES, ATTORNEYS' FEES OR OTHER CHARGES, PROVIDED BY THE CC&R'S OR OTHER MANAGEMENT DOCUMENTS ON THE LOT AS OF THE DATE THE STATEMENT WAS ISSUED. NOTE: IF YOU FORGET TO DO THIS, IT MAY COST YOU A PENALTY OF $500.00 -- PLUS ATTORNEY'S FEES AND DAMAGES (SEE CALIFORNIA CIVIL CODE SECTION 1360). THIS CIVIL CODE SECTION 1360 ALSO PROVIDES THAT SUBDIVIDERS MUST FURNISH A TRUE STATEMENT CONCERNING ANY DELINQUENT ASSESSMENT PENALTIES, ATTORNEYS' FEES, OR OTHER CHARGES PROVIDED BY THE CC&RS, OR OTHER MANAGEMENT DOCUMENTS ON THE LOT AS OF THE DATE THE STATEMENT WAS ISSUED. SECTION 1730 OF THE CALIFORNIA CIVIL CODE BECAME EFFECTIVE SEPTEMBER 29, 1983. THIS STATUTE REQUIRES THE BOARD OF DIRECTORS OF THE HOMEOWNERS ASSOCIATIONS TO MAKE ANNUAL FINANCIAL STATEMENTS TO YOU AND ALL OTHER MEMBERS. THESE STATEMENTS SHOULD INCLUDE: THE BUDGETS WHICH MUST CONTAIN: A. ESTIMATE OF INCOME AND EXPENSE. B. AMOUNT OF RESERVES ON HAND C. ESTIMATE OF REMAINING LIFE OF MAJOR SYSTEMS OF THE PROJECT AND THE MEANS TO FINANCE REPAIRS AND REPLACEMENT. Page 6 of 14 File No. 055736LA-FOO SPECIAL NOTES - (Continued) WITHIN 120 DAYS AFTER THE END OF THE FISCAL YEAR: A. A COPY OF THE REVIEW OF FINANCIAL STATEMENT BY A LICENSED ACCOUNTANT IF THE GROSS INCOME TO THE ASSOCIATION EXCEEDS $75,000 FOR ANY FISCAL YEAR. B. A STATEMENT OF THE POLICIES AND PROCEDURES THAT WILL BE EMPLOYED TO ENFORCE THE COLLECTION OF ASSESSMENTS, SECTION 1360 OF THE CIVIL CODE, AMENDED TO BE EFFECTIVE ON THE SAME DATE NOW REQUIRES THAT A COPY OF THE MOST CURRENT FINANCIAL STATEMENTS AS DEFINED IN SECTION 1730 OF THE CIVIL CODE BE GIVEN TO THE BUYER OF A LOT IN THIS PROJECT BY THE SELLER (OTHER THAN THE SUBDIVIDER) AND BY THE ASSOCIATION ON REQUEST. AS OF THE DATE OF, THIS PUBLIC REPORT, THE MASTER ASSOCIATION HAS NOT INCLUDED THE NECESSARY PROVISIONS IN ITS MANAGEMENT DOCUMENTS TO PROVIDE FOR COMPLIANCE WITH SECTION 1730 OF THE CIVIL CODE AND PRIOR TO YOUR PURCHASING A LOT IN THIS PROJECT, YOU SHOULD DETERMINE WHEN THE BOARD INTENDS TO COMPLY. THE SUBDIVIDER OF THIS PROJECT DOES NOT CONTROL THE PRESENT BOARD OF DIRECTORS OF THE MASTER ASSOCIATION AND IT WILL BE THE RESPONSIBILITY OF THE MEMBERS TO WORK THROUGH THE BOARD OF DIRECTORS OF THE MASTER ASSOCIATION TO ADOPT THESE PROVISIONS. INTERESTS TO BE CONVEYED: You will receive fee title to a specified Lot together with a membership in the "Big Canyon Community Association", (Master Association) and the "Canyon Fairway Community Association" (Sub-Assoei'ation) and rights to use the common areas and community facilities. LOCATION AND SIZE: This subdivision is located at San Joaquin Hills Road and Big Canyon Drive within the city limits of Newport Beach and is serviced by the usual city utilities and services. Prospective purchasers should acquaint themselves with the kinds of city services available. This is a single phase project which consists of approximately 16.004 acres divided into 21 custom vacant lots in addition to community facility lots, A. B, C, D, E, F and 22. Improvements consisting of two electric entry access gates, lighting, landscaped areas and private streets will be constructed on the community facility lots. Page 7 of 14 File No. 055736LA-FOO LOCATION AND SIZE - (Continued) There is no assurance that the project will be completed as proposed. MANAGEMENT AND OPERATION: The Big Canyon Community Association, Master Association and the Canyon Fairway Community Association (Sub -Association), which you must join, manages and operates the common areas and community facilities in accordance with the Articles of Incorporation, the Bylaws, and the Declaration of Covenants, Conditions and Restrictions of each association. MAINTENANCE AND OPERATIONAL EXPENSES: The subdivider has submitted a budget for the maintenance and operation of the common areas and for long-term reserves. This budget was reviewed by the Department of Real Estate in June, 1984. You should obtain a copy of this budget from the subdivider. Under this budget, the Canyon Fairway Community Association monthly assessment against each subdivision lot is $114.20 of which $18.10 is a monthly contribution to long-term reserves and is not to pay for current operating expenses. In addition to the above assessments to the Sub -Association, you will pay $39.00 per month to the Master Association. IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY ASSESSMENT FIGURE WHICH IS AT LEAST 20% MORE OR AT LEAST 10% LESS THAN THE ASSESSMENT AMOUNT SHOWN IN THIS PUBLIC REPORT, YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE ENTERING INTO AN AGREEMENT TO PURCHASE. The associations may increase or decrease assessments at any time in accordance with the procedure prescribed in the CC&R's. In considering the advisability of a decrease (or a smaller increase) in assessments, care should be taken not to eliminate amounts attributable to reserves for replacement or major main- tenance. THE BUDGET INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE OF BUDGET REVIEW AS SHOWN ABOVE. EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACILITIES AND WITH INCREASES IN THE COST OF LIVING. Monthly assessments will commence on all lots on the first day of the month immediately following the closing of the first sale of a lot. Page 8 of 14 File No. 055736LA-F00 MAINTENANCE AND OPERATIONAL EXPENSES - (Continued) The remedies available to the associations against owners who are delinquent -in the payment of assessments are set forth in the CC&R'S. These remedies are available against the subdivider as well as against other owners. The subdivider has posted bonds as partial security for his obligation to pay these assessments. The governing body of the associations should assure itself that the subdivider has satisfied his obligations to the associations with respect to the payment of assessments before agreeing to a release or exoneration of the security. EASEMENTS: Easements for utilities, drainage, storm drainage and other purposes are shown on the Title Report and Subdivision Map recorded in the Office of the Orange County Recorder, Book 527, Pages 31 thru 35 of Miscellaneous Maps. There is a "Perpetual Avigation Easement" in and through the air above this project. The easement prohibits structures of 800 feet in height, or more, to be erected on this land. Easements for ingress and egress in favor of the City of Newport Beach for sewers and storm drain purposes within and between Lots 21 3, 11 and 12 are shown on the map for Tract No. 10814, RESTRICTIONS: This subdivision is subject to covenants, conditions and restrictions set forth in the following instruments recorded in the Office of the Orange County Recorder, (Master Association) in Book 9596, page 902, on April 6, 1971 per annexation by Instrument No. 84-322699, (Sub -Association) Instrument No. 84-329883 and No 84-333642, deed restrictions in Book 11314, Page 357 on December 30, 1974 and Instrument No. 84-322700. Prior to the construction or installation of any improvements within your lot you must obtain the approval of the Architectural Committee of the Canyon Fairway Community Association, This committee is initially appointed by the subdivider and regulates such matters as the following pursuant to the restrictions as well as Architectural Standards adopted by the Board of Directors of the Canyon Fairway Community Association, Building Restrictions: Control of color of your structure, color and material of your roof, height of your structure and set back area, Page 9 of 14 File No. 055736LA-F00 RESTRICTIONS - (Continued) Landscaping Restrictions: Control of species, placement, and height of any tree, plant,, bush, ground cover or other growing thing placed or planted on your lot, The subdivider, the Master Association, the Canyon Fairway Community Association or one of your neighbors may file a legal action for any violation of the Restrictions or the Architectural Standards, FOR INFORMATION AS TO YOUR OBLIGATIONS AND RIGHTS, YOU SHOULD READ THE RESTRICTIONS AS WELL AS THE ARCHI- TECTURAL STANDARDS. THE SUBDIVIDER SHOULD MAKE THEM AVAILABLE TO YOU. MINERAL RIGHTS: You will not own the mineral, oil, gas or water rights under your land. These have been reserved by the subdivider, however the right of entry on the surface of your land and to a depth of 500 feet has been waived. USES AND ZONING: The property located adjacent to this subdivision is currently zoned and used for the following purposes: South -Office and Commercial; North, East and West -Residential. TAXES: Under existing law the maximum amount of any tax on real property that can be collected annually by counties is 1% of the full cash value of the property. With the addition of interest and redemption charges on any indebtedness, approved by voters prior to July 1, 1978, the total property tax rate in most counties is approximately 1.25% of the full cash value. In some counties, the total tax rate could be well above 1.25% of the full cash value. For example, an issue of general obligation bonds previously approved by the voters and sold by a county water district, a sanitation district or other such district could increase the total tax. For the purchaser of a lot in this subdivision, the "full cash value" of the lot will be the valuation, as reflected on the tax roll, determined by the county assessor as of the date of purchase of the lot or as of the date of completion of an improvement on the lot if that occurs after the date of purchase. The value of improvements constructed by you will be added to the value of the property. The tax code area is 07=040 and the 1984-1985 Tax Rate per $100 is 1.03327. Your Policy of Title Insurance will be issued subject to the exception of any supplemental taxes assessed pursuant to chapter 498, statutes of 1983 of the State of California. Page 10 of 14 File No. 055736LA-F00 TAXES - (Continued) The new valuation of the lot purchased by you, as discussed above, will be placed on the assessment roll and added taxes will be due and shall be collected upon the close of escrow as set forth below. The Tax Collector will issue a supplemental tax bill, to the purchaser showing the amount of supplemental taxes due. It is your responsibility to pay these supplemental bills directly to the Tax Collector. The taxes are due when the supplemental bills are mailed and are delinquent if not paid by the last day of the following month. Depending on the time of year that your escrow closes, you may receive one or two such supplemental tax bills after the close of escrow by which the tax collector will assess the new "full cash value" of your lot and collect the tax due as a result thereof. CONDITIONS OF SALE - INTEREST TO BE CONVEYED: Pursuant to Civil Code Sections 2956 through 29 7, inclusive, subdivider and purchasers must make certain written disclosures regarding financing terms and related information. The subdivider will advise purchasers of disclosures he needs from them, if any. If your purchase involves financing, a form of deed of trust and note will be used. The provisions of these documents may vary depending upon the lender selected. These documents may contain the following provision(s): Acceleration Clause. This is a clause in a mortgage or deed of trust which provides that if the borrower (trustor) defaults in repaying the loan or sells the property, the lender may declare the unpaid balance of the loan immediately due and payable. An acceleration clause that is triggered by a sale of the property is commonly referred to as a due -on -sale clause. If the loan instrument for financing your purchase of an interest in this subdivision includes a due -on -sale clause$ the clause will be automatically enforceable by the lender in the event of a sale of the property by you. This means that the loan will not be assumable by a purchaser of the property without the approval of the. lender. If the lender does not declare the loan to be all due and payable on transfer of the property by you, the lender is nevertheless likely to insist upon modification of the terms of the instrument as a condition to permitting assumption by the buyer. The lender will almost certainly insist upon an increase in the interest rate if the prevailing interest rate at the time of the proposed sale of the property is higher than the interest rate of the promissory note by which you are financing the purchase of the property. Page 11 of 14 File No. 055736LA-FOO CONDITIONS OF SALE -INTEREST TO BE CONVEYED - (Continued) A "Balloon Payment". This means that your monthly payments are not large enough to pay off the loan with interest during the period for which the loan'is written and that at the end of this period you must pay the entire remaining balance in one payment. If you are unable to pay the balance and the remaining balance is a sizeable one,. you should be concerned with the possible difficulty in refinancing the balance. If you cannot refinance or sell your property, or pay off the balloon payment, you will lose your property. A Prepayment Penalty. This means that if you wish to pay off your loan in whole or in part before it is due, you must, in addition pay a penalty. A Late Charge. This means that if you fail to make your installment payment on or before the due date, you, in addition, must pay a penalty. THE SUBDIVIDER WILL OFFER FINANCING WHICH ALLOWS THE INTEREST RATES TO CHANGE OVER THE LIFE OF THE LOAN. AN INTEREST RATE INCREASE WILL ORDINARILY CAUSE AN INCREASE IN THE MONTHLY PAYMENT THAT YOU MAKE TO THE LENDER. YOU SHOULD GIVE CAREFUL CONSIDERATION TO YOUR PROSPECTIVE ABILITY TO MAKE REGULAR PAYMENTS AND TO KEEP THE PROPERTY IF THE PAYMENTS INCREASE BY THE ALLOWABLE AMOUNT DURING THE TERM OF THE LOAN. IF YOU ENTER INTO A FINANCE PROGRAM OF THE SUBDIVIDERS YOUR LOAN WILL BECOME DUE AND PAYABLE IN FULL UPON COMMENCEMENT OF CONSTRUCTION ON YOUR LOT. PRIOR TO ENTERING INTO ANY FINANCE PROGRAM OF THE SUBDIVIDER, BUYER SHOULD STUDY ALL THE'TERMS OF THE ADDENDUM TO THE CONTRACT OF PURCHASE, DEED OF TRUST AND THE ATTENDANT INSTRUMENTS. IF YOU ARE UNABLE TO UNDERSTAND YOUR RIGHTS AND YOUR OBLIGATIONS, THEN IT IS RECOMMENDED THAT YOU DISCUSS IT WITH YOUR ATTORNEY OR WITH A KNOWLEDGEABLE OFFICER OF A FINANCIAL INSTITUTION WITH WHOM YOUR ARE ACQUAINTED. BEFORE SIGNING, YOU SHOULD READ AND THOROUGHLY UNDERSTAND ALL LOAN DOCUMENTS. PURCHASE MONEY HANDLING: The subdivider must impound all funds received from you in an escrow d.epository until legal title is delivered to you. (Refer to Section 11013 and 11013.2(a) of the Business and Professions Code). If the escrow has not closed on your lot within one hundred eighty (180) days of the date of escrow opening you may request return of your deposit. Page 12 of 14 File No. 055736LA-FOO PURCHASE MONEY HANDLING - (Continued) NOTE: Section 2995 of the Civil Code provides that: "No real estate developer shall require as a condition precedent to the transfer of real' property containing a single family residential dwelling that escrow services effectuating such transfer shall be provided by an escrow entity in which the developer . . . (owns or controls) 5% or more of the escrow entity". The subdivider has no such interest in the escrow company which is to be used in connection with the sale or lease of lots in this subdivision. FILLED GROUND: All lots will contain filled ground. The information concerning filled ground and soil conditions is available at City of Newport Beach -Engineering Department, 3300 Newport Blvd, Newport Beach, California 92663. SOILS CONDITIONS: A Soils Report and Geologic Report are available at the above mentioned address. FLOOD AND DRAINAGE: The City of Newport Beach, Public Works Department advises as follows: "In our opinion the subject property is subject to infrequent sheet overflow. It is located in Flood Zone "C" as shown on the Flood Insurance Rate Map for the City of Newport Beach (Community - Panel Number 060227 0005 B effective September 1, 1978)". SEWAGE DISPOSAL: Maintenance of sewer lines and related facilities within the project is the responsibility of the Canyon Fairway Community Association and such charges are included in the budget. You will have to pay a $30.00 per lot sewer hook-up fee to the City of Newport Beach. STREETS AND ROADS: The private streets in this project will be maintained by the Canyon Fairway Community Association. The costs of repair and maintenance of these private streets are included in the budget for this association and are a part of your regular assessment. WATER: You will have to pay $505.00 per lot water hook-up fee to the City of Newport Beach, Water Department. Page 13 of 14 File No. 055736LA-F00 For further information in regard to this subdivision, you may call or examine the documents at the Department of Real Estate office indicated below: Los Angeles District Office 107 South Broadway, Suite 7111 Los Angeles, California 90012 (213) 620-2700 Page 14 of 14 File No. 055736LA-F00 RESCISSION RIGHTS THE IRVINE COMPANY MARKETING, SALES AND BUSINESS OPERATIONS 550 NEWPORT CENTER DRIVE P,O, BOX I NEWPORT BEACH, CA 92660-0015 OF YOUR ELECTION TO RESCIND BY TELEGRAPHIC COMMUNICATION, MAIL OR OTHER WRITTEN NOTICE. BY UNITED GIVEN ON HE NOTICE SHALL BE FROM THE BY MEANS BY UNITED )HALL BE _IVERY AT MAY ELLI LETI ING IFIE CANYON FAIRWAY 55736LA AME OF UBDIVISION DR ILE No, I HEREBY RESCIND MY CONTRACT OR LEASE OF ATE COVERING LOT N0, IN THE ABOVE -NAMED , DATED 19 IGNATURE IGNATURE ,4 J MAINTENANCE SPECIFICATIONS (WEEKLY) Project: Date: I. TURF MAINTENANCE A. Mowing Schedule 1. March 1st through October 31st - once weekly. 2. November 1st through February 28th - every other week a. Exception - Model complexes weekly B. Mowing Procedures_ 1. All perimeters, obstacles and areas too small for tractor a. Handmowers 2. All large areas to be mowed with rider - no exceptions 3. All hardscape to be edged every week with walking edger. 4. Fixed obstacles to be trimmed around by hand or weed eater, weekly. 5. All cuttings to be removed from site with the shift of mowing. 6. All walks swept, washed or blown off same day. 7. All mowing on this site will be completed in the same day. II. TREES, VINES & SHRUBS A. Inspect and trim any trees, vines and shrubs needing attention. B. Restake weak trees, as necessary. C. Re -tie all trees and vines, as necessary (be aware of specific requirements). III. WEED'CONTROL & RODENT CONTROL A. Remove all weed manually, that are more than 3" tall. B. Spray with Round -Up, weeds smaller that 3" per the manufacturer's recommendations. C. Rotate golpher traps - review needs. 4'Maint. Specs. - Weekly cont: IV. IRRIGATION A. Inspect and repair all broken laterals and risers B. Adjust spray away from buildings, hardscape or other unplanted areas. C. Correct run-off problems. D. Spot water as necessary, on new landscape. E. Look for shadowing on slopes that indicates problems, correct that day. F. Inspect obvious parts (backflow, etc.) report V. MAINTENANCE - GENERAL A. Blow, sweep, or wash down all walks B. Clear all drainlines and catchbasins C. Police all litter and debris and remove from site PROJECT FOREMAN: Q a MAINTENANCE SPECIFICATION (MONTHLY) I. TURF MAINTENANCE A. Fertilization: PROJECT: DATE: 1. November lst through February 28th (29th) - once per month application of Calcium Nitrate - 6 lbs/1,000 rate. 2. March lst through October 31st - once per month application with Ammonium Sulfate - 6 lbs/1,000 rate. 3. Once a year Contractor shall perform a soils test to determine soil conditioning and fertilizer requirements. Those recommendations shall supercede all others. B. Inspections: (to be corrected with ten (10) days). 1. Inspect for rust fungus or other fungus conditions. 2. Inspect for cutworms, webworms or other turf patheogens. II. PLANTER OR GROUND COVER PLANTINGS A. To be edged deeply with walking edger, once a month. B. Inspect for problems of fungus or insects. C. Inspect for weeds, gophers. D. Cultivate once per month, unless pre -emerge weed control is applied. E. Fertilization: 1. November lst through February 28th (29th) - once per month application of Calcium Nitrate - 3 lbs/1,000 rate. 2. March 1st through February 28th (29th) - once per month application with Ammonium Sulfate - complete food (16-6-8 or EQ) to be applied two (2) times within this time frame - 3 lbs/1,000 rate. 3. Once a year Contractor shall perform a soils test to determine soil conditioning and fertilizer requirements. Those recommendations shall supercede all others. F. Pesticides: 1. Provide insect control as necessary, and as required by a licensed pest control advisor. a X MAINTENANCE SPEC. - MONTHLY - cont: III. TREES, VINES & SHRUBS A. Complete inspection of all trees, vines and shrubs to determine requirements. B. Structural pruning of trees, as required (remove cuttings immediately). C. Re -build catchbasins where necessary, around trees. D. Remove all cuttings from the site, same day. IV. IRRIGATION_. A. Test all stations with clock, for function. B. Check settings on all clocks. C. Check backflow unit, gate valves in ground and individual remote control valves for leaks. D. Plan the following months irrigation work, if necessary. V. REVIEW ALL RODENT CONTROL PROCEDURES FOR POSSIBLE REVISION PROJECT FOREMAN: ., 10"VS0" SOIL AND PLANT LABORATORY, INC. Member of The California Association of Agricultural Laboratories Santa Ana Office Lab. No. 60347 June 10, 1983 Forsum/Summers & Partners 34118 Pacific Coast Hwy. Dana Point, CA 92629 Attn: Patrick Murphy BIG CANYON 10 SLOPES - NEWPORT BEACH Following is a report on our inspection and Big Canyon 10 slope soil sampling on 6-8-83. Composite surface soil samples were collected from seven general slope areas designated on the enclosed plan. While 9 slope areas were sampled for pH and salinity determinations only on 11-2-81, we eliminated two areas where original soil salinities were low. General Inspection The light brown colored fill slope at locations 1, 3, 4 and 7 is fairly high to high in silt plus clay content and siltstone fragments were noted in some areas. The red- dish brown to gray colored soil in the cut slopes at locations 2 and 3 are also high in silt plus clay content. Siltstone strata were noted in the location 3 cut slope which will moderately to severely restrict water movement into the deeper soil zone. Siltstone strata also occur in the cut slope at location 6. Soil Analysis With the exception of location 1, which is strongly alkaline, all areas sampled are slightly to moderately alkaline in reaction. The salinity (ECe) levels would restrict growth of a number of plants at location 6, many plants at location 5 with remain)ng areas adequately balanced by calcium and magnesium. Based on the SAR values, soluble sodium would adversely affect both soil structure and growth of sodium sensitive Plants at location 1, a number of plants at location 5 with remaining areas adequately balanced by calcium and magnesium. Boron concentrations are below the toxic range with lime content low throughout. In summary, a slight to moderate saline and sodic condition exists in two of the slope areas. Available nitrogen ranges from low at locations 3 through 7 to moderately low at location 1. Phosphorus tends to be lower than desired in all cases. Potassium varies from optimum at locations 1 and 7 to high optimum at location 2. Calcium is well supplied while magnesium is generally fairly but not excessively high. Recommendations In slope areas to be hydroseeded, the following amendments should be included in the hydromulch formula: P.O. Box 11744, Santa Ana. California 92711-1744 (714) 558-8333 P.O. Box 153, Santa Clara, California 95052-0153 (408) 727-0330 P.O. Box 1648, Bellevue, Washington 98009-1648 (206) 746-6665 (& SOIL AND PLANT LABORATORY, INC. Wmbx of The Cwlifomia AnodnUon of Apticuhurd labontod" Page 2 Forsum/Summers & Partners June 10, 1983 AM'T/ACRE 300 lbs. 16-20-0 Ammonium phosphate 300 lbs. IBDU 100 lbs. Soil sulfur 500 lbs. Agricultural gypsum The IBDU is a slow release nitrogen fertilizer while the 16-20-0 will supply readily available nitrogen plus phosphorus. If trees and shrubs are to be planted on the slopes the planting pits should be excavated twice the diameter and the exact depth of the root ball. The backfill mix for use around the root ball can consist of the following formula; 6 parts by volume onsite soil 4 parts by volume nitrogen stabilized wood residual 1 lb. 12-20-0 per cu. yd. of mix 10 lbs. Agricultural gypsum per cu. yd. of mix 2 lbs. Iron sulfate per cu. yd. of mix While the IBDU is a slow release nitrogen fertilizer, it may be necessary to make supplemental dry fertilizer applications during the establishment period. 'If this is the case ammonium sulfate, which will have an acidifying effect on the soil, should be uniformly broadcast over dry slope areas at the rate of 5 lbs. per 1000 sq. ft. and fol- lowed with a normal irrigation at each fertilizing period. Should there be any questions, please call. FORREST FULLMER FF:ac Encl. Noted within r P.O. Box 11714, Santa Ana, California 92711 (714) 558.8=1 P.O. Box 153. Santa , California,9d and �P k Saboxatons9 Ate. P.O. Box 1648. Bellevule. 5052 Washington ara998M (206) 746.6665 0 Home Forsum/Summers 8t Partners Addres34118 Pacific Coast Hwy. AGRICULTURAL SUITABILITY Date AND Dana Point, CA 92629 SOIL FERTILITY ANALYSES Attn: Patrick Murphy (A04) June 10, 1983 So;*. Haw $al- Ns. eMten% PH EC.. 103 SAR $won What. Ammonia ePho.Phals Nilmgen Moss. ►he.phsre. Pol...W. Coluem Magne.ium Ouslilalno Limo 1 29 8.1 1.7 12.2 0.33 32 5 15 136 r 3400 1129 low 2 32 7.6 1.8 4.5 0.27 22 7 18 221 4360 1136 low 3 34 7.6 2.3 1.5 0.24 17 6 15 179 7050 1059 low 4 31 7.7 1.9 1.6 0.31 19 12 18 164 5470 898 low 5 33 1 7.4 6.5 16.4 0.44 15 7 15 164 3140 1119 low 6 28 7.5 4.8 5.8 0.29 15 5 12 157 4790 1049 low 7 24 7.6 2.5 3.0 0.30 16 6 13 136 4140 832 low Big Canyon 10 Slopes, Newport Beach - soil samples taken 6-8-83: (1) Location 1 (5) Location 5 (2) Location 2 (6) Location 6 (3) Location 3 (7) Location 7 (4 Location 4 Half saturation percent is approximate field moisture capacity. Boron • pp, in saturation extract. sodium acetate extracted elements • ppm dry soil. PH determined by glass electrode/soil pasts. o Phosphate by Olsen method. FORSUM/SUMMERS & PARTNERS, INC. 34118 COAST HIGHWAY, DANA POINT, CALIFORNIA 92629 (714) 496-6111 LANDSCAPE ARCHITECTS, ASLA Jan, '.6, 1984 Sheri 'Vander Dussen Associate Planner City of Newport Beach Planning Dept. 3300 Newport Blvd. Newport Beach, Ca. 92663 RE: Final Conditions of Approval to be met for release of Final Approval of Big Canyon 10, Landscape and Architectural Plans. Dear Sherri For your records and per your request, we have included the following conditions of approval listed below, into our final Landscape Architectural plans for The Irvine Company's 'Big Canyon 10' project. The conditions, listed in numerical order, are as follows: #19 The Landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. (Please see attached enclosure for these specifications). #20 The Landscape plan as drawn, has placed a heavy emphasis on the use of drought -resistant, native vegetation and be irrigated via a system designed to avoid surface run-off and over watering. #21 The Landscape plan as drawn, has placed heavy emphasis on fire -retardant vegetation. #23 Landscaping shall be regularly maintained, free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. #24 To the maximum extent practicable, the existing coastal sage shrub in the northern portion of the project will be maintained in the Landscape plan. In no event shall the Arroyo at the north boundary of the parcel be - disturbed. City of Newport Beach s 12/21/83 Page 2. The conditions have Should you have any your convenience! Sincerely, Patrick C. M. Murphy Landscape Architect enclosures PCMM/mjs been addressed and included in the plans. further questions, please contact me at FORSUM/SUMMERS & PARTNERS, I 34118 COAST HIGHWAY, DANA POINT, CALIFORNIA 92629 (714) 4 EW6 11 ' )a :n Air) GCS LANDSCAPE ARCHITECTS, ASLA •�4REL ;•J�� IDNINNV'Id °� aanlsoaa APRIL 23, 1985 c9 Gosdr�er`'�i7-Z rf Mr. Dick Hoffstadt - Civil Engineer Civil Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca. 92663 RE: Final Certification/Approval of Landscape Architectural Construction Performed on Tract 10814, Fairway One at Big Canyon Dear Mr. Hoffstadt: This letter merely confirms that all Landscape Architectural Construction performed on Tract 10814, or Fairway One at Big Canyon is approved. All work is observed to be completed per plan as approved by the City of Newport Beach. The Landscape Contractor has been given approval to begin their 90 day maintenance as of April 5, 1985. The Contractor is responsible for maintaining the project in the horticultural manner, keeping the entire site weed free and in top condition, as identified in the maintenance specifications. Ninety days from this date, a final inspectioin will be conducted by our firm in conjunction with the developer for release to be maintenance subcontractor. May I say, that it has been a pleasure working with you and your City through the course and completion of the Fairway One project. Should you have any questions concerning the above, please feel free to contact our firm at any time. Sincerely 4Q1it Patrick C. M. Murphy Partner Landscape Architect #1881 J� Page 2 CC: Bernard Maniscalco — The Irvine Company Wes Nowa — The Irvine Company Arthur E. Hoelderlin — The Irvine Pacific Co. John Markel — Gillespie Construction 67 FILE COPY FINAL FINDINGS AND CONDITIONS FOR TENTATIVE MAP OF TRACT 10814 (Revised) AS APPROVED BY CITY COUNCIL DECEMBER 12, 1983 FINDINGS: AP noT 1i uoys 1. That the proposed project will promote and assist in the development of housing for low and moderate income households. 2. That the proposed project will promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color. 3. ' That the City of Newport Beach recognizes the opportunity to require provision of affordable housing either on or off -site in conjunction with residential development in the City. 4. That an Initial Study has been prepared in compliance with the California Environmental Quality Act, and the CEQA Guidelines. 5. That a Final Environmental Impact Report was prepared in conjunction with the approval of the original tentative tract map. 6. That the Final Environmental Impact Report was certified as adequate by the City Council. 7. That the Final Environmental Impact Report fully and adequately discusses the environmental impacts associated with the development. 8. That the project proposed was analyzed as an alternative to the project analyzed in the Final Environmental Impact Report. 9. That based upon information contained in the Initial Study, there are no new significant environmental impacts that were not considered in the prior certified Final Environmental Impact Report. 10. That all measures necessary to mitigate the environmental impacts associated with the approved project have been incorporated into the project. 11. That the proposed project in consistent with the Newport Beach General Plan and the Big Canyon Planned Community District. 12. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 13. That the proposed subdivision presents no problems from a planning standpoint. TTM 10814 Final Findings and Conditions Page -2. 14. That the site is physically suitable for the type of development proposed. 15, That the site is physically suitable for proposed density of development. 16, That the design of the subdivision or the proposed improvement will not substantially and avoidably injure fish or wildlife or their habitat. 17. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 18. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 19. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the Water Code. CONDITIONS: q! That a final map(s) be filed.pvl(y iaz� tVrel&* Y That all improvements be constructed as required by ordinance and M the Public Works Department. That each dwelling unit be served with an individual water Pw service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. y. That the design of the private streets and drives conform with the City's private street policy (L-4), except as approved by the VW Public Works Department. The basic right-of-way width shall be a minimum of 40 feet. The location, width, configuration, and concept of the private street and drive system shall be subject to further review and approval by the City Traffic Engineer. 5:/ That easements for public emergency and security ingress and VVVegress and public utility and storm drain purposes to cover all YYYY the private streets be dedicated to the City and that all easements be shown on the tract map. is/ That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per PW hour. Slopes, landscaping, walls and other obstructions shall be considered in the eight distance requirements. Landscaping within the sight distance line shall not exceed twenty four inches in height. The sight distance requirement may be approximately modified at non -critical locations, subject to approval of the City Traffic Engineer. TTM 10814 0 46 Final Findings and Conditions Page -3. That all vehicular access rights to San Joaquin Hills Road be W released and relinquished to the City. 8/ That the final design of the on -site pedestrian circulation be PW, reviewed and approved by the Public Works Department and the Planning Department. 9//: That the CaliforniaVehicle Code be enforced on the private streets and drives, and that delineation acceptable to the Police Department and Public* Works Department be provided along the sidelines of the private streets and drives. dx QO. That the water capital improvement fees be paid. pYie,- t� pQ W.A.6 1L1: That an agreement and accompanying surety guaranteeing completion P1 of the public improvements be provided, if it is desired to y� record a final map prior to the completion of the public improvements. 124-' That a 10-foot clear width of concrete sidewalk be constructed along the northerly side of San Joaquin Hills Road from Big Canyon Drive East to Big Canyon Drive West, with the location of said sidewalk to be at the discretion of the Public Works Department, and that handicapped access ramps be constructed at both intersections of Big Canyon Drive and San Joaquin Hills Road. The top of slope along San Joaquin Hills Road shall be at least two feet behind the property line. That street drainage and utility improvements be shown on Yew/ standard improvement plans prepared by a licensed civil engineer. kV. That a hydrology and hydraulic study be prepared and approved by the Public Works Department, along with a master plan of water, r�IN sewer and storm drain facilities for the on -site improvements prior to recording of the final map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That asphalt or concrete access roads shall be provided to all public utilities vaults, manholes and junction structure locations. it/ That easements dedicated to the City be a minimum of ten feet in width, with wider easements provided where required by the Public Works Department. ly� That the architectural character and landscape design established within the existing Big Canyon P-C District shall be maintained. 17/ A landscape and irrigation plan for the project shall be prepared by a license landscape arc itect. The landscape plan shall integrates and phase the installation of landscaping with the pT(M proposed construction schedule. (Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). TTM 10814 Final Findings and Conditions Page -4. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department. ]fJ. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. i0. The landscape plan shall place heavy emphasis on the use of drought -resistant native vegetation and be irrigated via'a system U designed to avoid surface runoff and over -watering. The landscape plan shall place heavy emphasis on fire -retardant vegetation. 24". Street tree locations shall be provided as approved by the Public V Works and Parks, Beaches, and Recreation Departments. U". Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. £J`• To the maximum extent practicable, the existing coastal sage scrub in the northern portion of the project shall be maintained +� in the landscape plan. � U. Development of the site shall be subject to gradin%_L)erMJt to be (;papproved by the Building and Planning Departments, \\ 26. That a rq ading_plan shall include a complete plan for temporary and permanent' — 'page facilities, to minimize any potential impacts from silts debris and other water pollutants. At 27. The gradin ermit shall include, a description of haul routes, access poin�o the site and a watering and sweeping programs designed to minimize impacts of haul operation. 28. An erosion, siltation, and dust control plan shall be prepared by a civil engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a ,yr comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheet shall be furnished to the Building Department. 29. The velocity of concentrated run-off from the project shall be evaluated and erosive velocities controlled as part of the .-� project design. R� 30. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist, subsequent to the completion of a comprehensive soil and geologic investigation of the site. V TTM 10814 0 Final Findings and Conditions Page -5. 31. That the applicant provide for vacuum sweeping of all private streets equal to that service provided by the City for residential area streets. " ,to MV4-v� A Wdox w�D 32. Prior to the issuance of the grading permit the design engineer shall review and state that the discharge of surface runoff from V the project will be performed in a manner to assure that increased flows from the project will not increase erosion immediately downstream of the system, this shall be reviewed and approved by the Planning and Building Department. 33. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading lJ Engineer. hV134. Control of infiltration to the groundwater system from the (0 project shall be provided as part of the project design. 35. That mitigation measures 1 thru 9 contained on pages 14 thru 16 of the "Big Canyon Area No. 10 Certified Final EIR" shall be incorporated into the final project unless otherwise modified by conditions of approval contained herein or the City's Grading Engineer. ,Q,436. Prior to the commencement of grading operations, all vegetation in areas to be graded shall be cleared and disposed of, offsite, and all loose surficial materials shall be removed and recompacted. All area to be filled shall be scarified and/or overexcavated, moisture -conditioned and recompacted to at least 90% percent relative compaction prior to fill placement. New fill shall be placed in thin lifts and benching into existing fill or bedrock material shall be performed where the fill material is placed against an existing slope. Grading shall be accomplished in accordance with the General Earthwork and Grading Specifications which are presented in Appendix C. 37. The cut portion of the transition lots, where grading results in / a portion of the foundation on cut and a portion on fill, shall (p be over -excavated and recompacted to a minimum depth of 36 inches, to minimize the potential of differential settlement. In addition, the uncompacted 'fills, existing on Lot 22 and across "A" Drive from Lot 5, shall be removed and recompacted. The lower pads of the split-level lots which have been used as desilting basins shall be cleared of silt prior to placement of fill. $38. The revised grading will necessitate imported fill. This material shall be evaluated and approved by the geotechnical consultant prior to importation. 1039. If required,,a.subdrainage system consisting of 4-inch perforated pipe wrapped with 3 cubic fee per lineal foot of Class II filter /_ material, shall be installed at the lots receiving fill and shall 10 be subject to the approval'of the Building Department. �Ii TTM 10814 �• Final Findings and Conditions e -6. 40. Surface drainage on the finished lots shall be prevented from draining over the top of slopes by means of berms at the top of the slope and yard drains within the rear yards of each residential lot. Yard drains have already been installed at the present elevation of the upper pads and shall be extended to the proposed grade. 041. That graded areas which are to receive fill in excess of 2 feet in thickness be explored and their settlement potential & evaluated. If any saturated soil zone with a potential for untolerable settlements are found, such soil zones shall be removed and replaced during in accordance with the General Earthwork and Grading Specifications presented in Appendix C of the Initial Study for the revised Tentative Map of Tract No. 10814, dated July 5, 1983. 42. That a minimum 10 foot structural setback shall be provided for the upper slope edge facing the golf course. 43. The upper slopes above the golf course shall be maintained in a manner which best preserves the integrity of the slope face. This includes, but is not limited to, planting of a property mix of drought -resistant ground covering and shrubs, close control of burrowing rodents, repair and maintenance of all surface and subsurface drain facilities, and control of the volume an pattern of surface irrigation. The maintenance of the upper and lower slopes shall be under the control of a single maintenance group, in order to promote a consistent and competent maintenance effort. ,044. That observation/testing shall be performed by the geotechnical consultant during grading operations. &The deep arroyo which demarcates the northern site boundary possesses excellent habitat characteristics and shall not be developed as an access easement. 'iiGW� AA Vim' That prior to the issuance of many building permit authorized by !� the approval of this project, t e applicant shall deposit with the City Finance Director, a sum proportional to the percentage of future additional traffic related to the project in the subject area, but not to exceed $5,350.00 to be used for the construction of a wall on the westerly side of Jamboree Road between Eastbluff Drive and Ford Road. AZ, That the final design of on -site pedestrian circulation be rY�V•ul reviewed and approved by the Public Works Department. 48/ The project shall comply with the Uniform Building Code - 1979 Edition and/or the California Administrative Code Titles 19 and DW�/Y 24. TTM 10814 C• (• Final Findings and Conditions Page -7. 4: That prior to the gW.upanc* of any unit a qualified acoustical " engineer, retained by the City at the applicant's expense shall demonstrate to the satisfaction of the Planning Director that the noise impact from San Joaquin Hills Road on the project does not exceed 65 db CNEL for outside living areas and the requirements of law for interior spaces. 50. That final design of the project shall provide for the incorporation of water -saving devices for project lavatories and other water using facilities. 51. Prior to the 292UPMncy-,of any buildings, a program for the sorting of recyclable material from other solid wastes shall be developed and approved by the Planning Department. A minimum of (10%) ten percent of the units to be developed on this site or an equal number of offsite units shall be "affordable units" as defined by the City's Housing Element. Prior to the recordation of the final tract map an agreement shall be executed that guarantees the provisions of "affordable units" onsite or offsite in a manner and in a reasonable time frame related to the construction of other onsite units. Said agreement shall be reviewed by the Planning Director and City Attorney's Office and approved by the City Council. 54. Additional access roadway width shall be provided at the Big Canyon Drive East location if left -turn access from the site to the Big Canyon Country Club is desired. A minimum of 28-foot pavement width and restricted parking on both sides of the roadway at this location shall be required for both left-hand turn and emergency vehicle access. XThe project applicant shall pay the "fair -share" of the costs incurred with ultimate inputs to the circulation sy9tem as may be defined by the City of Newport Beach. VAt n WA;t'D 56. Watering techniques shall be employed to mitigate partially theA� impact of construction -generated dust particulates. dLk,, q,, A noise wall shall be constructed adjacent to San Joaquin Hills ttff Road for Lots 17 through 21. The wall shall be designed per the recommendations of an acoustical engineer to promote the maximum amount of noise attenuation.b�Q'C(CaQ. IriAY{� 58. Lots located east of the proposed wall shall waive noise impacts in acknowledgement of view preservation.G� 59. That all on site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Department. j"�`"i`j�`��, p 60. That fire vehicle access, including the proposed planter islands, shall be approved by the Fire Department. mzt� 1im"W& 0 TTM 10814 C , (, Final Findings and Conditions Page -8. 61. Prior to the issuance of any buildinsLgeam3ts for the site, the applicants shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available. 67That prior to the recordation of the final tract map, the applicant shall dedicate land or pay a fee in -lieu thereof, or both, for park and recreation purposes, in accordance with Chapter 19.50 of the Newport Beach Municipal Code ("Park Dedication") . r" hp N� ,IW3. Existing onsite drainage facilities shall be improved or upgraded ro to the satisfaction of the City. slopes shall be planted as soon as possible to reduce potential. /j3/. Prior to issuance of any _building permits the applicant shall Cam" deposit with the City Finance Director, the sum proportional to `j111e the percentage of future additional traffic related to the -w/hp1, project in the subject area. This deposit shall be used for the construction of a sound attenuation barrier on the southerly side of Coast Highway in e e rea and in the Irvine Terrace Area. 66.• Fire hydrants and other fire -fighting appurtenances shall be 'ivt strategically sited for easy access and use and approved by the City of Newport .Beach Fire Department. ` 67. Such individual measures such as the use of fire -retardant f .. building and plant materials and the installation of smoke Y V`� detection systems shall be utilized. 68. That any cul-de-sac, building address, and street name shall comply with City standards and shall be approved by the Fire Department. � 69. That the Fire Department access shall be approved by the Fire X VAJ, Department. Police service shall be. enhanced through the provision of GG�adequate street lighting and clearly marked street names and house numbers. Q2' High grade security hardware shall be provided in the building GGr�' design. In�Q_A`i`d_ PQ, K&Ab 72. The applicant shall review, and to the maximum extent practicable incorporate the potential energy mitigation measures described in `Ga Appendix I of the Big Canyon,,Area No. 10 - Certified Final_EIR, to the satisfaction of the Planning Director. TTM 10814 0 • Final Findings and Conditions Page -9. Domestic hot water systems, shall be designed to utilize alternative energy sources (e.g., solar energy collectors). K Should such systems be deemed infeasible at the time of initial construction, building design shall incorporate provisions to allow them to be easily a{w� dated/installed at a later date. �4 74, That hot water lit�asP in the water recirculation system shall be insulated. (Califorgip,Ener Commission regulations.) 75. That the applicant shall consider preparing a landscape plan which allows for views of Big Canyon from San Joaquin Hills Road. Y 74., that the traffic controlplanbe a part of the public improvement plans. �77. That all on -site sewers be private. 70. That all structures located adjacent to existing utility easements have deepened footings so that the structure will be ry stable if the utility is excavated projecting a one-to-one slope u� (� up from the flow line of the utility to the edge of structure. �/ 79 That no masonry or wrought iron walls be constructed over or a adjacent to the easements betw4en proposed Lots 2 and 3 and pr� pos d Lots 1 and 12. 00. Staff shall develop plan for perimeter §ecurity and vehicQlar tfd circulation to the satisfaction of the Public Works Director. RECEIVED APR 2 119149 IRVINE PACIFIC PROD. M67 April 23, 1985 Mr. Art Hoelderlin IRVINE PACIFIC 610 Newport Center Drive P.O. Box I Newport Beach, CA 92660 Mestre Grew Ammiates Consulting Enpineara,---�'—.. RE: ADDENDUM TO BIG CANYON AREA 10 ACOUSTICAL REPORT Dear Art: RECEIVED PLANNING ( t'1% 33 ►�t5r CITY OF NEWPORT SEA(:. CAur. 0 As per your request, MESTRE GREVE ASSOCIATES has reviewed the original noise study on Big Canyon Area 10 (Report #84-13-02, February 13, 1984). The study was reviewed relative to the noise related conditions that were. specified as part of the original study. The completed noise barrier along San Joaquin Hills Road was built at a height higher than specified in the original study. ibis higher barrier further reduces the noise levels on the lots and will therefore eliminate some of the other . conditions on the project. Each of these five conditions are discussed below. Condition 1 - Noise Barrier Requirements. The noise wall constructed along San Joaquin Hills Road achieves the minimum barrier height requirements specified in this condition. Condition 2 - Second Story Balcony Mit condition can now be deleted. The as-bu the noise for any second story balcony. e Condition 4 - Interior condition can also be del eliminate this requirement. This tigate Areas for Lots 19 and 20. This condition can 21. This ficient to Condition 5 - Mechanical Ventilation. This condition is still required for the homes to be built in Lots 17 through 21. In order to meet the interior noise level standard windows must be assumed to be closed to achieve the required attenuation. In order to assume this, adequate ventilation with windows closed must be provided as per Chapter 12, Section 1205 of the UBC. The system must supply two air changes per hour to each habitable room including 20% fresh make-up air obtained directly from the outside. The ventilation requirement may be provided by a number of measures including mechanical ventilation, 280 Newport Canter Drive, Suite 230 • Newport Basch, Califonda 92660 • (714) 760-0891 w C certain types of air conditioning systems that meet this UBC requirement or other mechanical systems. Mechanical ventilation, commonly known as a 'summer switch', allows for the central heating system to also serve as a fresh air ventilation system. If you have any questions concerning this letter or require additional information, please do not hesitate call. Yours Very Truly, MESTRE GREVE ASSOCIATES B2� '\� Paul H. Dunholter, P.E. Principal TRANSMITTAL M* IR%nK MMMW Community Development Division To City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92663-3884 Attention: Tracy Williams Date 5/3/85 [] Parcel Post Air Mail n Air Freight Messenger Cj First Class Special Delivery Q R. R. Express Project Big Canyon - Fairway One Tract 10814 Quantity Description Dated _ 1 Letter of Landscape Certification _ 4/23/85 1 Architectural Standards for Fairway One 4/15/85 DRE White _ 1 CC&R's (Amended and restated Custom Lot Declaration) _ 1 CC&R's 12/06/84 Ey Bernard Maniscalco Project Manager Ar FILE COPY FINAL FINDINGS AND CONDITIONS mnoTnmQykz FOR TENTATIVE MAP OF TRACT 10814 (Revised) AS APPROVED BY CITY COUNCIL DECEMBER 12, 1983 FINDINGS: 1. That the proposed project will promote and assist in the development of housing for low and moderate income households. 2. That the proposed project will promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color. 3. * That the City of Newport Beach recognizes the opportunity to require provision of affordable housing either on or off -site in conjunction with residential development in the City. 4. That an Initial Study has been prepared in compliance with the California Environmental Quality Act, and the CEQA Guidelines. 5. That a Final Environmental Impact Report was prepared in conjunction with the approval of the original tentative tract map. 6. That the Final Environmental Impact Report was certified as adequate by the City Council. 7. That the Final Environmental Impact Report fully and adequately discusses the environmental impacts associated with the development. 8. That the project proposed was analyzed as an alternative to the project analyzed in the Final Environmental impact Report. 9. That based upon information contained in the Initial Study, there are no new significant environmental impacts that were not considered in the prior certified Final Environmental Impact Report. 10. That all measures necessary to mitigate the environmental impacts associated with the approved project have been incorporated into the project. 11. That the proposed project in consistent with the Newport Beach General Plan and the Big Canyon Planned Community District. 12. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 13. That the proposed subdivision presents no problems from a planning standpoint. /11 TTM 10814 re (6 t Final Findings and Conditions Page -2. 14. that the site is physically suitable for the type of development proposed. 15. That the site is physically suitable for proposed density of development. 16, That the design of the subdivision or the proposed improvement Will not substantially and avoidably injure fish or wildlife or their habitat. 17. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 18. That the design of the subdivision or the proposed improvements Will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 19. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing requirements prescribed by a California Regional Water Quality Control 9oard pursuant to Division 7 (commencing with Section 1300) of the Water Code. CONDITIONS: 1. That a final map(s) be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That the design of the private streets and drives conform with the City's private street policy (L-4), except as approved by the Public Works Department. The basic right-of-way width shall be a minimum of 40 feet. The location, width, configuration, and concept of the private street and drive system shall be subject to further review and approval by the City Traffic Engineer. 5. That easements for public emergency and security ingress and egress and public utility and storm drain purposes to cover all the private streets be dedicated to the City and that all easements be shown on the tract map. 6. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty four inches in height. The sight distance requirement may be approximately modified at non -critical locations, subject to approval of the City Traffic Engineer. AV TTM 10814 0 40 Final Findings and Conditions Page -3. 7. That all vehicular access rights to San Joaquin Hills Road be released and relinquished to the City. 8. That the final design of the on -site pedestrian circulation be reviewed and approved by the Public Works Department and the Planning Department. 9. That the California Vehicle Code be enforced on the private streets and drives, and that delineation acceptable to the Police Department and Public'Works Department be provided along the sidelines of the private streets and drives. 10. That the water capital improvement fees be paid. 11. That an agreement and accompanying surety guaranteeing completion of the public improvements be provided, if it is desired to record a final map prior_ to the completion of the public improvements. 12. That a 10-foot clear width of concrete sidewalk be constructed along the northerly side of San Joaquin Hills Road from Big Canyon Drive East to Big Canyon Drive West, with the location of said sidewalk to be at the discretion of the Public Works Department, and that handicapped- access ramps be constructed at both intersections of Big Canyon Drive and San Joaquin Hills Road. The top of slope along San Joaquin Hills Road shall be at least two feet behind the property line. 13. That street drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 14. That a hydrology and hydraulic study be prepared and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the final map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That asphalt or concrete access roads shall be provided to all public utilities vaults, manholes and junction structure locations. 15. That easements dedicated to the City be a minimum of ten feet in width, with wider easements provided where required by the Public Works Department. 16. That the architectural character and landscape design established within the existing Big Canyon P-C District shall be maintained. 17. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). TTM 10814 Final Findings and Conditions Page -4. 18. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 19. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 20. The landscape plan shall place heavy emphasis on the use of drought -resistant native vegetation and be irrigated via a system designed to avoid surface runoff and over -watering. 21. The landscape plan shall place heavy emphasis on fire -retardant vegetation. 22. Street tree locations shall be provided as approved by the Public Works and Parks, Beaches, and Recreation Departments. 23. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 24. To the maximum extent practicable, the existing coastal sage scrub in the northern portion of the project shall be maintained in the landscape plan. 25. Development of the site shall be subject to grading permit to be approved by the Building and Planning Departments. 26. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris and other water pollutants. 27. The grading permit shall include, a description of haul routes, access points to the site and a watering and sweeping programs designed to minimize impacts of haul operation. 28. An erosion, siltation, and dust control plan shall be prepared by a civil engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheet shall be furnished to the Building Department. 29. The velocity of concentrated run-off from the project shall be evaluated and erosive velocities controlled as part of the project design. 30. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist, subsequent to the completion of a comprehensive soil and geologic investigation of the site. i w TTM 10814 0 Final Findings and Conditions Page -5. 31. That the applicant provide for vacuum sweeping of all private streets equal to that service provided by the City for residential area streets. 32. Prior to the issuance of the grading permit the design engineer shall review and state that the discharge of surface runoff from the project will be performed in a manner to assure that increased flows from the project will not increase erosion immediately downstream of the system, this shall be reviewed and approved by the Planning and Building Department. 33. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. 34. Control of infiltration to the groundwater system from the project shall be provided as part of the project design. 35. That mitigation measures 1 thru 9 contained on pages 14 thru 16 of the "Big Canyon Area No. 10 Certified Final EIR" shall be incorporated into the final project unless otherwise modified by conditions of approval contained herein or the City's Grading Engineer. 36. Prior to the commencement of grading operations, all vegetation in areas to be graded shall be cleared and disposed of, offsite, and all loose surficial materials shall be removed and recompacted. All area to be filled shall be scarified and/or overexcavated, moisture -conditioned and recompacted to at least 90% percent relative compaction prior to fill placement. New fill shall be placed in thin lifts and benching into existing fill -or bedrock material shall be performed where the fill material is placed against an existing slope. Grading shall be accomplished in accordance with the General Earthwork and Grading Specifications which are presented in Appendix C. 37, The cut portion of the transition lots, where grading results in a portion of the foundation on cut and a portion on fill, shall be over -excavated and recompacted to a minimum depth of 36 inches, to minimize the potential of differential settlement. In addition, the uncompacted 'fills, existing on Lot 22 and across "A" Drive from Lot 5, shall be removed and recompacted. The lower pads of the split-level lots which have been used as desilting basins shall be cleared of silt prior to placement of fill. 38. The revised grading will necessitate imported fill. This material shall be evaluated and approved by the geotechnical consultant prior to importation. 39. If required, a subdrainage system consisting of 4-inch perforated pipe wrapped with 3 cubic fee per lineal foot of Class II filter material, shall be installed at the lots receiving fill and shall be subiect to the approval of the Building Department. TTM 10814 C/ Final Findings and Conditions Page -6. 40. Surface drainage on the finished lots shall be prevented from draining over the top of slopes by means of berms at the top of the slope and yard drains within the rear yards of each residential lot. Yard drains have already been installed at the present elevation of the upper pads and shall be extended to the proposed grade. 41. That graded areas which are to receive fill in excess of 2 feet in thickness be explored and their settlement potential evaluated. If any saturated soil zone with a potential for untolerable settlements are found, such soil zones shall be removed and replaced during in accordance with the General Earthwork and Grading Specifications presented in Appendix C of the Initial Study for the revised Tentative Map of Tract No. 10814, dated July 5, 1983. 42. That a minimum 10 foot structural setback shall be provided for the upper slope edge facing the golf course. 43. The upper slopes above the golf course shall be maintained in a manner which best preserves the integrity of the slope face. This includes, but is not limited to, planting of a property mix of drought -resistant ground covering and shrubs, close control of burrowing rodents, repair and maintenance of all surface and subsurface drain facilities, and control of the volume an pattern of surface irrigation. The maintenance of the upper and lower slopes shall be under the control of a single maintenance group, in order to promote a consistent and competent maintenance effort. 44. That observation/testing shall be performed by the geotechnical consultant during grading operations. 45. The deep arroyo which demarcates the northern site boundary possesses excellent habitat characteristics and shall not be developed as an access easement. 46. That prior to the issuance of any building permit authorized by the approval of this project, the applicant shall deposit with the City Finance Director, a sum proportional to the percentage of future additional traffic related to the project in the subject area, but not to exceed $5,350.00 to be used for the construction of a wall on the westerly side of Jamboree Road between Eastbluff Drive and Ford Road. 47. That the final design of on -site pedestrian circulation be reviewed and approved by the Public Works Department. 48. The project shall comply with the Uniform Building Code - 1979 Edition and/or the California Administrative Code Titles 19 and 24. _ TTM 10814 C0 Final Findings and Conditions Page -7. 49. That prior to the occupancy of any unit a qualified acoustical engineer, retained by the City at the applicant's expense shall demonstrate to the satisfaction of the Planning Director that the noise impact from San Joaquin Hills Road on the project does not exceed 65 db CNEL for outside living areas and the requirements of law for interior spaces. 50. That final design of the project shall provide for the incorporation of water -saving devices for project lavatories and other water using facilities. 51. Prior to the occupancy of any buildings, a program for the sorting of recyclable material from other solid wastes shall be developed and approved by the Planning Department. 52. A minimum of (10%) ten percent of the units to be developed on this site or an equal number of offaite units shall be "affordable units" as defined by the City's Housing Element. 53. Prior to the recordation of the final tract map an agreement shall be executed that guarantees the provisions of "affordable units" onsite or offsite in a manner and in a reasonable time frame related to the construction of other onsite units. Said agreement shall be reviewed by the Planning Director and City Attorney's Office and approved by the City Council. 54. Additional access roadway width shall be provided at the Big Canyon Drive East location if left -turn access from the site to the Big Canyon Country Club is desired. A minimum of 28-foot pavement width and restricted parking on both sides of the roadway at this location shall be required for both left-hand turn and emergency vehicle access. 55. The project applicant shall pay the "fair-ahare" of the costs incurred with ultimate inputs to the circulation system as may be defined by the City of Newport Beach. 56. Watering techniques shall be employed to mitigate partially the impact of construction -generated dust particulates. 57. A noise wall shall be constructed adjacent to San Joaquin Hills Road for Lots 17 through 21, The wall shall be designed per the recommendations of an acoustical engineer to promote the maximum amount of noise attenuation. 58. Lots located east of the proposed wall shall waive noise impacts in acknowledgement of view preservation. 59. That all on site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Department. 60. That fire vehicle access, ,including the proposed planter islands, shall be approved by the Fire Department. TTM 10814 _ C, Final Findings and Conditions Page -8. 61. Prior to the issuance of any building permits for the site, the applicants shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available. 62. That prior to the recordation of the final tract map, the applicant shall dedicate land or pay a fee in -lieu thereof, or both, for park and recreation purposes, in accordance with Chapter 19.50 of the Newport Beach Municipal Code ("Park Dedication"). 63. Existing onsite drainage facilities shall be improved or upgraded to the satisfaction of the City. 64. Exposed slopes shall be planted as soon as possible to reduce erosion potential. 65. Prior to issuance of any building permits the applicant shall deposit with the City Finance Director, the sum proportional to the percentage of future additional traffic related to the project in the subject area. This deposit shall be used for the construction of a sound attenuation barrier on the southerly side of Coast Highway in the West Newport Area and in the Irvine Terrace Area. 66. Fire hydrants and other fire -fighting appurtenances shall be strategically sited for easy access and use and approved by the City of Newport Beach Fire Department. 67. Such individual measures such as the use of fire -retardant building and plant materials and the installation of smoke detection systems shall be utilized. 68. That any cul-de-sac, building address, and street name shall comply with City standards and shall be approved by the Fire Department. 69. That the Fire Department access shall be approved by the Fire Department. 70. Police service shall be enhanced through the provision of adequate street lighting and clearly marked street name's and house numbers. 71. High grade security hardware shall be provided in the building design. 72. The applicant shall review, and to the maximum extent practicable incorporate the potential energy mitigation measures described in Appendix I of the Big Canyon,Area No. 10 - Certified Final EIR, to the satisfaction of the Planning Director. TTM 10814 • Final Findings and Conditions Page -9. 73. Domestic hot water systems, shall be designed to utilize alternative energy sources (e.g., solar energy collectors). Should such systems be deemed infeasible at the time of initial construction, building design shall incorporate provisions to allow them to be easily accommodated/installed at a later date. 74. That hot water lines in the water recirculation system shall be insulated. (California Energy Commission regulations.) 75. That the applicant shall consider preparing a landscape plan which allows for views of Big Canyon from San Joaquin Hills Road. 76. That the traffic control plan be a part of the public improvement plans. 77. That all on -site sewers be private. 78. That all structures located adjacent to existing utility easements have deepened footings so that the structure will be stable if the utility is excavated projecting a one-to-one slope up from the flow line of the utility to the edge of structure. 79. That no masonry or wrought iron walls be constructed over or adjacent to the easements between proposed Lots 2 and 3 and proposed Lots 11 and 12, 80. Staff shall develop a plan for perimeter security and vehicular circulation to the satisfaction of the Public Works Director. •A . _ MESTRE OREVE ASSOCIATES CONSULTING ENGINEERS February 13, 1984 Mr. -Patrick Murphy, ASLA ' _' - - - ---- --- - --- FORSUM/SUMMERS & PARTNERS, INC. 34118 Pacific Coast Highway Dana Point, California 92627 - SUBJECT: Noise Assessment for Big Canyon Area 10 City of Newport Beach Dear Pat; :Please find enclosed one copy of the noise assessment for Big Canyon Area 10. _-- The report addresses compliance -of the project with the City'-s conditions of - approval with respect to the exterior and interior noise environment. The results of the analysis shows that a barrier with a top of wall elevation of 212 feet is required for Lot 21 along San Joaquin Hills Road in order to -comply with the 65 CNEL exterior noise standard. If a ;barrier is desired for ______Lots.19 _,and 20, an optional -barrier_fer''these lots s•also.specified in the__� rya�Conies to bg'Vocated on the home to be 'built on report. Any second sto,b Lot 21 may also require mitigation. A discussion of measures necessar-y`to comply with the City's interior noise standard is included in the report. If you have any questions, please do not hesitate to call. = "` Yours Very Truly, MESTRE GREVE ASSOCIATES Paul H. Dunholter, P.E., 200 NEWPORT CENTER DRIVE, SUITE 213 * NEWPORT BEACH, CALIFORNIA 92660 0 (714) 760.089 :f �_r...n. �wr•r.rw .erauu..r.. fw' 1 NOISE ANALYSIS FOR BIG CANYON AREA 10 -- - -- - CITY OF NEWPORT BEACH Report # 84-13-02 February 13, 1984 Prepared For: FORSUMJSUMMERS & PARTNERS, INC. 34118 Pacific Coast Highway Dana Point, California 92627. Prepared By: Paul H. Dunholter, P.E: MESTRE GREVE ASSOCIATES - — - - 200 Newport Center Drive - Suite 213 Newport Beach, CA 92660 s (714)760-0891 February 13, 1984 Report # 84-13-02 MESTRE GREVE ASSOCIATES NOISE ASSESSMENT FOR BIG CANYON AREA 10 DEVELOPMENT CITY OF NEWPORT BEACH 1.0 INTRODUCTION The purpose of this report is to demonstrate compliance of the proposed Big Canyon Area 10 project with the noise related 'Conditions of Approval' placed on the project by the City of Newport Beach. The project calls for the development of 21 single-family custom lots on a 16.2 acre site. The lots are to be sold individually, with each buyer constructing their own custom home. The project is located on the north side of San Joaquin Hills Road between the North and South entrances to Big Canyon (Exhibit 1). This roadway is the principal noise sources impacting the project site. There are no other major noise sources in the project vicinity. This study determines the need for any exterior or interior mitigation measures to provide adequate protection from noise levels associated with the ultimate traffic volumes projected for this roadway. The report addresses the exterior noise levels on the project site, and any - mitigation measures necessary to comply with the exterior noise level condition. While the project specifies the development of to custom lots and does not include the construction of the homes, this report will also address the indoor to outdoor noise reduction that would be necessary to meet the interior noise standard. This analysis satisfies the related conditions that must be completed prior to issuance of any grading permits for this project. 2.0 CITY REQUIREMENTS - CONDITIONS OF APPROVAL The Noise Element of the General Plan for the City of Newport Beach and the Conditions of Approval specify outdoor and indoor noise limits for residential land -uses. The outdoor noise standard for is 65 CNEL. This standard applies to all outdoor use areas such as rear yards, patios and balconies. CNEL or Community Noise Equivalent Level is a 24 hour time weighted annual average noise level. Time weighting refers to the fact that -noise that occurs during certain sensitive time periods is penalized for occurring at these times. The evening time period (7 PM to 10 PM) penalizes noises by 5 db while nighttime (10 PM to 7AM) noises are penalized by 10 db. These time periods and,penalties were selected to reflect peoples -sensitivity to noise as a function of activity. The City of Newport Beach also requires that new projects comply with the Uniform Building Code interior noise standard of 45 CNEL. The Uniform Building Code (specifically, the California Administrative Code, Title 24, _ -1- VIGI n ITY MAP Ail EXHIBIT 1 - VICINITY _MAP Part 6, Division T25, Chapter 1, Subchapter 1, Article 4, Sections T25-28) requires that "Interior community noise levels (CNEL) with windows closed, attributable to exterior sources shall not exceed an annual CNEL of 45 dB in any habitable room." The code requires that this standard be applied to all new hotels, motels, apartment houses and dwellings other than detached single-family dwellings. Cities at their option may apply this standard to new single-family projects. The City of Newport Beach has selected this option; 3.0 METHODOLOGY The noise levels projected in the next section of this report were computed using the Highway Noise Model published by the Federal Highway Administration ("FHWA Highway Traffic Noise Prediction Model," FHWA-RD-77-1080 December 1978.). The FHWA Model uses traffic volume, vehicle mix, vehicle speed, and roadway geometry to compute the "equivalent noise level." A computer code has been written which computes equivalent noise levels for each of the time periods used in CNEL. Weighting these noise levels and summing them results in the CNEL for the traffic projections used. CNEL contours are found by iterating over many distances until the distance to 60, 65, and 70 CNEL contours are found. Mitigation through the 'design and -construction of a noise barrier (wall, berm, or•combination wall/berm) is theinost common way of alleviating traffic --- -noise impacts. The effect•of a noise barrier is critically dependent on the - -- geometry between the noise source and the receiver. A noise barrier effect occurs when the "line of sight" between the source and receiver is penetrated by the barrier. The greater the penetration the greater the noise reduction. The FHWA model was also used here in computerized format to determine barrier heights. 4.0 UNMITIGATED NOISE EXPOSURE Future traffic volumes for San Joaquin Hills Road in the vicinity of the project site has been provided by the City of Newport Beach Traffic Engineering Department. This traffic volume is depicted in Table 1 and represent ultimate traffic levels on this roadway. This traffic projection can be considered a worst case estimate. This projection is an average of the traffic volumes on San Joaquin between Jamboree Road and MacArthur Boulevard. The actual volume on the link where the project is situated - (between the east and west entrance of Big Canyon) should be less than this estimate. Arterial truck mixes for each of the time periods used in the CNEL calculation are presented in Table 2. These traffic distribution estimates are based upon traffic counts in Orange County, and are considered typical for arterials in Southern California. -2- Table 1 TRAFFIC DATA USED TO PROJECT FUTURE NOISE LEVELS ROADWAY SEGMENT FUTURE VEHICLE SPEED ADT (MPH) SAN JOAQUIN HILLS ROAD 22,OO6 50 Ta b'1 e 2 TRAFFIC DISTRIBUTION PER TIME OF DAY - - - - - ----- --- --- ----- - I-N PERCENT OF ADT PERCENT OF ADT VEHICLE TYPE DAY EVENING NIGHT Automobile 75.51 12.57 9.34 Medium Truck 1.56 0.09 0'.19 Heavy Truck 0.64 0.02 0.08 ---------------------------------------- -3- -- -- --- — - -- Using the assumptions presented above, the ultimate noise levels were computed. The results are reported here in Table 3 in terms of distances to the 60, 65, and 70 CNEL contours. These represent the distances from the centerline of the roadway to the contour value shown. •Note that the values given in Table 3 do not take into account the effect of the topography that will effect•the roadway noise exposure. The topography varies significantly, with the pad elevations changing from seven feet above the roadway.elevation to greater than twenty feet below the roadway elevation. Topographic effects are included in subsequent analyses to determine the actual noise exposure on the project site. In addition, these projections do not include any future vehicle noise reduction assumptions to take into account effects of legislation requiring quieter vehicles in the future. Table 3 ULTIMATE NOISE LEVELS ON THE PROJECT SITE ----------------------------------------------------- --------- DISTANCE TO CNEL CONTOUR ROADWAY SEGMENT FROM ROADWAY CENTERLINE (FEET) 40- -65- -70- - ----- - ------------- --- -------- -------------------- -- -- SAN JOAQUIN HILLS ROAD 281 130 60 * - Denotes Contour does not Extend Past Roadway Edge. The grading plan shows that the nearest residential lot (Lot 21) is located 90 feet from the centerline of San Joaquin Hills Road. Thus, for ultimate traffic conditions, the results from Table 3 shows that noise mitigation for Lot 21, is required along San Joaquin Hills Road. While the topography of the site shields most of the site from the roadway noise, some mitigation is still required. If any second story balconies are to be located on Lot 2.1, ' ------ arid fronts the roadway, they may also require mitigation. In addition, the 65 CNEL noise contour also extends approximately 20 feet onto front edge of Lots 19 and 20. However, these lots are oriented such that the driveways are . situated closest to San Joaquin Hills Road and go back away from the roadway. The City's exterior noise standard relates to outdoor use areas such rear yards and ,patios. Any outdoor use areas should not be located in this part of the lots. No exterior noise mitigation measures are required for any of the other lots. -4- 5.0 MITIGATION 5.1 Exterior Noise Mitigation The results of the analysis shows that mitigation measures are required for Lot 21 in order for the project to comply with the 65 CNEL exterior noise level requirement. The unmitigated noise levels on Lot 21 is 67 CNEL. An effective method of reducing the traffic noise levels down to acceptable levels is with a noise barrier. Using the grading plan, a noise barrier was designed. The noise barrier is to be located along the roadway, which is the top of slope. The location is shown in Exhibit 2. The required barrier height was computed to be a top of wall elevation of 212 feet. This results in a wall height ranging from 0 to 3 feet high. To further reduce the noise levels for Lots 19 and 20, the barrier may be continued to the west as shown in Exhibit 2. This optional barrier would require a top of wall elevation of 212 feet adjacent to Lot 20 and 210 feet adjacent to Lot 19. The barrier described above has been designed to reduce the noise levels within the yards and patios within the tract from the roadway noise sources. The noise barrier may be composed of a solid wall, specially designed wooden wall, earthen berm or a combination of these. The noise barrier must be continuous without any holes or cracks, with a minimum density of 4 pounds per square foot. The barrier for Lot 21, along San Joaquin Hills Road, has been designed to --- ---protect all ground level'outdoor living or recreational spaces from excessive ---. — noise level's. Any second story balconies that may be built will be looking over the top of the barrier and,will not benefit from the noise reduction. Architectural plans for the homes to be constructed on these lots have not been developed, and it'has not known if there will be a single story or two story home on Lot 21. If Lot 21 is to have any second story balconies that face San Joaquin Hills Road, and are located with 130 feet of the roadway centerline, the balconies will require mitigation to be in compliance with the 65 CNEL criteria. To mitigate the noise down to acceptable levels, these balconies must be enclosed by a 5 foot high continuous enclosure. The enclosure must not have any holes or cracks and be continuous to the base of the patio. The enclosure may be composed of either a minimum of 1/4 inch thick tempered glass or 3/4 inch thick plexyglass. 5.2 Indoor Noise Mitigation To comply with the interior noise standard the buildings must provide sufficient outdoor to indoor building attenuation to reduce the noise levels -down to below the 45 CNEL interior noise standard. The closest building is located in Lot 21. The noise barrier described above provides noise reduction for the first story observers. Including this noise reduction, if a single story home is to be built on Lot 21 it will be exposed to an exterior noise level of 65 CNEL. If a second story home is to be built on Lot 21, the second story will not benefit from any noise reduction from the ----- barrier and will be exposed to an exterior noise level of 67 CNEL. All the -5- {i I ]-'titntn:/i9� `/'\�,� -��� � .:z� -�`\\� �1c3• if 1 \ �� ��k\ It1ck py�P/69 'All p 1—tt P2U4.3 ` 1 AVG P-zo59^�. zozs20 AN I -r ✓ ' ` .• `•\\\ \a -1 �_ yet-- '/'/,' G�¢D rc.yb /y j� r/ P'?D6.4AVC. .j. —` ipi.D �; '-. S•. 1'�\ . j x``- \� s y, 1 _ - PRi r .F • o N`- 94' \ ^.•, .� � Prymµ\�.:f>'/4Or8I . VG I PA.7A2.8 AV D41, 1 ti° 'p \ CU Di1 ,° ¢' � : , � - —�---- LlLimDRIV E :r � -THIS,SIDEONLY\ - -- — �'••�.alaallaiiWaaa ✓'7 ul� & 1¢c-.= •\` loN71L 13 AIR AJEtt R84ul RED BARh*%7 I z rm V •l EXHIBIT 2 - NOISE BARRIER LOCATION remaining buildings are exposed to noise levels of 65 CNEL or less. Thus, in order to comply 'with the interior noise standard of 45 CNEL, with single -story on Lot 21, these buildings need to achieve less than 20 dB outdoor to indoor noise reduction. If Lot 21 contains a two story home, the second story will require a 22 dBA outdoor to indoor noise reduction. The outdoor. to indoor noise reduction characteristics of a building is determined by combining the transmission loss of each of the building elements which make up the building. Each unique building element has a characteristic transmission loss. For residential units the critical building elements are the roof, the walls, windows, doors, attic configuration, and insulation. The total noise reduction achieved is dependent on the transmission loss of each element and the area of that element in relation to the total surface area of the room. Room absorption is the final factor used in determining the total noise reduction. The results show that all the homes in this project need only to achieve less than 22 dB outdoor to indoor noise reduction to provide the required 45 CNEL interior noise level. This building attenuation requirement is easily achieved with standard building construction practices. Most new homes in Southern California, built under the energy insulation standards, achieve greater than 25 dB attenuation. The City does not require demonstration of residential building attenuation through quantitative engineering calculations if the necessary attenuation is less than 20 dB. Thus, if Lot 21 is single story, no additional analysis is necessary in order to demonstrate compliance with the interior noise level standard. If Lot 21 is multi -story, detailed calculations of the architectural plans will be necessary. This can be done at the time of building permit application for that lot. In order to achieve this required attenuation windows must be assumed to be closed. To assume windows closed, adequate ventilation with windows closed must be provided. The system must supply two air changes per hour to each habitable room including 20% fresh make-up air obtained directly from the outside. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct, of six feet plus one sharp 90 degree bend. The duct may be Owens-Corning "INL", Johns -Manville "MicroAire" or County approved equal, flexible duct, or lined, ridged .duct. Units within Big Canyon Area 10 that will require mechanical ventilation include any homes to be constructed on Lots 17 through 21. -6- 6.0 SUMMARY OF BUILDING REQUIREMENTS The following paragraphs summarize the requirements that the lots of Big Canyon Area 10 project must complete in order to satisfy the conditions of approval with respect to the noise levels. 1. A noise barrier is required along San Joaquin Hills Road adjacent to part of 'Lot 21. The barrier is to be located at the top of slope at a location specified in Exhibit 2. The barrier must -have a top of wall elevation of 212 feet. The specifications for the barrier are given in Section 5.1. 2. If a second story balcony is to be constructed on Lot 21, front San Joaquin Hills Road, and is within 130 feet of the roadway centerline, then it must be enclosed with a 5 foot continuous enclosure. The requirements of the enclosure are discussed in section 5.1. 3. Outdoor use areas such as yards or patios should not be located within the front 20 feet of the lot for Lots 19 and 20. 4. To comply with the interior noise level standard, if a multi -story home is to be constructed on Lot 21, then the architectural plans must be reviewed in order to insure that the second story satisfies the standard. This can be completed at the time of building permit _- _application for that -particular home. 5. Mechanical ventilation will be required for the homes to be built on a number of lots. Homes that will require mechanical ventilation include those to be built on Lots 17 through 21. CITY OF NEWPORT SEA`' RECEIV"MIN S COUNCIL MEMBERS PLANNING 9cF oof �LqG y�9 tiF9� \ APR 3 0 iy�s5► 7 CIT :ice March 26, 1984 RY OF ROLL CAL p r ` Mayor Hart requested that $ to the ordinance be designate Exhibit "A," and that the word "regulations" on said Exhibit be changed to "Text" in order to be in conformance with the ordinance. Motion was made to adopt Ordinance No. Motion x 84-7, as corrected. All Ayes 2. ORDINANCE NO. 84-9, being, Ord 84-9 Parking AN ORDINANCE OF THE CITY OF NEWPORT Rstrctn BEACH REPEALING SECTION 12.40.055.1 (63) REGARDING PARKING OVERSIZED VEHICLES IN RESIDENTIAL DISTRICTS, was presented for second reading and adoption, with report from City Attorney dated March 7, 1984. Motion was made to adopt Ordinance No. Motion All Ayes x ��iisyo/l'/Yo.�Z1.rts �ONTV5N�UEDdSINESS-: I.CAttor City Mouth of from the City Manager and ,ney conceraiug..AGceptahce of-tlie MOUTH 0jBIG CANYON, were presented. PB&RCanyon/ (62) The City Manager made reference to a letter from The.Irvine Company dated March 9, 1984, reiterating their proposal as follows: 0 Land area to be dedicated to the City comprises all 39.5 acres in Mouth of Big Canyon including slopes and the 2.5 acre area near Jamboree previously identified as a potential building site. 0 Irvine Company to receive total of 5 acres of park credit. 0 Park credits would be applicable to the following Irvine Company residential projects: Newport Center Block 800; PCH Frontage (Villa Point Apts.) Newport Village Big Canyon Area 10 Big Canyon Area 16 (Big Canyon Villa Apts.) Other sites which the City may determine are in similar proximity to Mouth of Big Canyon Volume 38 - Page 100 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES nti .o a� qcc^ Gf;9G y�'A ROLL CAL March 26, 1984 INDEX o Irvine Company will repair slopes Mouth of to City specifications and Big Canyon indemnify City against slope failure for a period of three years. Motion x Motion was made to accept the slopes as proposed in the March 9, 1984 letter from The Irvine Company with the following conditions: 1) That the slopes be repaired (including tops of slopes) in conformance with recommendations of the August 15, 1983, slope report prepared by Leighton and Associates, and in accordance with the requirements of the Grading Engineer and the Public Works Department; 2) That The Irvine Company indemnify the City against slope failure for a period of three years from the time the slope repair work is completed. The company is to agree to repair or have repaired any failures occurring during that time; and 3) That The Irvine Company and City work with the contiguous property owners to get an agreement on their part to control their surface and subsurface water flow onto the slopes. Council Member Strauss stated that he did not feel The Irvine Company's proposal made "good sense" from the City's point of view, and expressed his concerns regarding the amount of land area to be dedicated, and the three-year indemnification clause. In response to Council Member Plummer, the City Manager stated that 28 areas have been identified in the report, which are in need of repair at an estimated cost of $180,000 to $200,000; said cost to be borne by The Irvine Company. Ayes x x x x x x The motion was voted on and carried. Noes x Council Member Strauss stated that he felt the City has assumed a responsibility in which the three-year idemnification period is too short. Volume 38 - Page 101 • • • CITY OF NEW PORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (714) 644-3200 March 14, 1985 Kathi Abramson The Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 Dear Ms. Abramson: ri�)t4 Goyon1 Ark? 1D Attached for your review is an official list of the addresses assigned for Tract 10814. LOT. NO. ADDRESSES 1 32 Canyon Fairway Drive 2 30 Canyon Fairway Drive 3 28 Canyon Fairway Drive ✓ 4 26 Canyon Fairway Drive Iq$© - P7 5 24 Canyon Fairway Drive I15-3- `1 ✓ 6 22 Canyon Fairway Drive $11 — g'1 UC 7 20 Canyon Fairway Drive 1(t' — Sao UC 8 18 Canyon Fairway Drive a5L 87 'AC 9 16 Canyon Fairway Drive a0a-1 - 8Ca QG 10 14 Canyon Fairway Drive 1 Ff 5 0 " 8'7 ✓ 11 12 Canyon Fairway Drive 12 10 Canyon Fairway Drive 13 8 Canyon Fairway Drive ( g ( e 7 LAC 14 6 Canyon Fairway Drive 1400 -g7 ✓ 15 4 Canyon Fairway Drive 16 2 Canyon Fairway Drive 17 1 Canyon Court 67,1 18 3 Canyon Court / 19 5 Canyon Court 20 A 7 Canyon Court 1 O8' 8tD 21 9 Canyon Court If you have any questions regarding the addresses assigned, please contact me 644-3200. Very truly yours, PLANNING DEPARTMENT JAMES D. HEWICKER, Director Tracy"E: Williams Associate Planner TEW:la TRACY &A ckc'{- W(1j1t'j5A csn1Ole�2 U G dam.<+es uK&...i cr+skruc,(-� 3300 Newport Boulevard, Newport Beach flu hECEIVED r i'iemmn8 WHEN RECORDED MAIL TO: Y$ rtment Ph�I The Irvine Company > CI 1985 tm. dba Irvine Pacific Development Company N61✓PORTBE,1c 610 Newport Center Drive 4 CALIF. P.O. Box I Newport Beach, CA 92660-0015 .. ATTN: Barbara Kunsman C0FPV (Space above this line is for Recorder's use only) AMENDED AND RESTATED CUSTOM LOT DECLARATION CANYON FAIRWAY TRACT NO. 10814 ORANGE COUNTY, CALIFORNIA THIS CUSTOM LOT DECLARATION is made this � � day of , 19 , by THE IRVINE COMPANY, a Michigan corporation dba Irvine Pacific Development Company (hereinafter "Declarant"). R E C I T A L S A. Declarant is the fee owner of the real property described as Tract No. 10814, in the City of Newport Beach, County of Orange, State of California, per map filed in Book 5270 at Pages 31 to 35, inclusive, of Miscellaneous Maps in the office of the County Recorder of said County (hereinafter the "Property"). B. On August 10, 1984, Declarant caused to be recorded in the office of the Orange County Recorder as Instrument No. 84-333642 a Custom Lot Declaration with the Property as the initial property under said Custom Lot Declaration. Said Custom Lot Declaration shall herein be referred to as the "Original Custom Lot Declaration." C. It is the desire of Declarant to amend and replace the Original Custom Lot Declaration in its entirety by this Amended and Restated Custom Lot Declara- tion pursuant to the provisions of Section 12 of Article V of the Original Custom Lot Declaration. All of the real property subject to the Original Custom Lot Declaration comprises the initial Property under this Amended and Restated Custom Lot Declaration. D. Declarant has imposed on the Property that certain Declaration of Cov- enants, Conditions and Restrictions recorded August 9, 1984, as Instrument No. 84-329883, of Official Records of Orange County, California, and any amendments thereto, and as supplemented by any Supplementary Declarations recorded pursuant thereto (said Declaration of Covenants, Conditions and Restrictions, amendments thereto and,Supplementary Declarations are hereinafter collectively referred to as the "Declaration"). This Amended and Restated Custom Lot Declaration is the Custom Lot Declaration referred to in the Declaration and in this instrument. The definitions set forth in the Declaration, including but not limited to those set forth in Article I, are incorporated herein by this reference. In the event of any inconsistency between this Amended and Restated Custom Lot Declaration and the Declaration, the provisions of the Declaration shall prevail. E. Declarant has deemed it desirable for the efficient preservation, desir- ability and attractiveness of the Property to establish the covenants, conditions and restrictions provided herein and as set forth in the Declaration upon the Property and each and every portion thereof. -1- Custom Lot CCSRs (BRK) Canyon Fairway BAD69g (4/09/85) F. Declarant will hereafter hold and convey title to all of the Property subject to certain protective convenants, conditions and restrictions hereinafter set forth. NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of its interest as the same may from time to time appear in the Property shall be held and conveyed subject to the following covenants, conditions and restrictions which are hereby declared to be for the benefit of said interests in the Prop- erty, and the owners of said interest, their successors and assigns. These cove- nants, conditions and restrictions shall run with said interests and shall be binding upon all parties having or acquiring any right or title in said interests or any part thereof, and shall inure to the benefit of each owner thereof and are imposed upon said interests and every part thereof as a servitude in favor of each and every of said interests as the dominant tenement or tenements. The right of enforcement of the restriction as to the Setback Area or.the Height Limits of any particular Lot shall be vested in the Association and the Owners as provided hereinbelow as well as the City of Newport Beach. ARTICLE I Definitions Unless the context clearly indicates otherwise, all terms used in this Custom Lot Declaration shall be defined as set forth in the Declaration, and, in addition, the following terms used in this Custom Lot Declaration are defined as follows: Section 1. "Architectural Standards" shall mean and refer to those re- strictions and limitations as well as suggested guidelines which are promulgated by the Board concerning: (a) The conformity of completed Improvements to previously approved plans and specifications; and (b) Other restrictions, limitations and guidelines, including, without limitations, construction, reconstruction, exterior addition, change or alteration to or maintenance of any Improvement, and shall also include, without limitation, the nature, kind, shape, height, materials, exterior, color, surface and location of such Improvements. Section 2. "Building Envelope" shall mean that portion of a Lot on which the Owner thereof may construct a Dwelling Unit as described in the Article hereof entitled•"Building and Landscaping Restrictions". Section 3. "Building and Landscaping Restrictions" shall mean and refer to the restrictions on the placement and height of structures and landscaping set forth in the Article hereof entitled "Building and Landscaping Restrictions", but shall not include the Architectural Standards administered by the Architectural Committee. Section 4. "Dwelling Unit" shall mean and refer to a single-family house constructed on a Lot, together with a garage. Section 5. "Excavation" shall mean any disturbance of the surface of the Lot (except for planting) which results in the removal of earth or rock to a depth of more than twenty-four (24) inches. Section 6. "Exhibit" shall mean and refer to those documents so designated herein and attached hereto and each of such Exhibits is by this reference incor- porated in this Custom Lot Declaration. Section 7. "Fill" shall mean any addition of rock or earth materials to the surface of the Lot (except for planting) which increases the existing eleva- tion of such surface by more than twenty-four (24) inches. Section 8. "Height Limit" as to any given Lot or Community Facility shall mean and refer to that elevation above the building pad elevation as described in Article II, Section 5 and (as to each Lot) shown on Exhibit A which is attached -2- Custom Lot CC&Rs (BRK) t.auyvu r>�L"a,, BAD69g (4/09/85) hereto and is incorporated herein by this reference. The Height Limits for a Community Facility (or for any Lot shown on Exhibit A) are established by the Regulations (as defined below) however a more restrictive Height Limit may be imposed by the Architectural Standards for a particular Lot. Section 9. "Improvement" shall mean any structure or appurtenance thereto of every type and kind, including but not limited to buildings, outbuildings, walkways, sprinkler pipes, drainage devices, garages, swimming pools, spas, rec- reational facilities, tennis courts, roads, driveways, parking areas, fences, mailboxes, screening walls, retaining walls, stairs, decks, landscaping, anten- nae, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, exterior air conditioning and water softening fixtures or equipment. Section 10. "Lot" or "Residence" shall mean and refer to a lot shown on any final map filed for record or a parcel shown on any parcel map filed for record to the extent such lots or parcels are part of the Covered Property, and shall include the residential dwelling unit together with garages, structures and other Improvements on the same lot or parcel. "Lot" or "Residence" shall not include Community Facilities. Section 11. "Owner" shall mean and refer to one or more persons or entities who are alone or collectively the record owner of a fee simple title to a Lot or Community Facility, including the Declarant or the vendee under an installment land sales contract, but excluding those having any such interest merely as security for the performance of an obligation. Seciion'12. "Property" mean and refer to all of the real property described in Recital A to this Custom Lot Declaration, and, subsequent to the annexa- tion thereof pursuant to the Article of this Custom Lot Declaration entitled "Annexation of Additional Property," any real property which may become subject to this Custom Lot Declaration. Section 13. "Regulations" shall mean and refer to the Planned Community Regulations, zoning ordinances and other ordinances and policies as adopted by the City of Newport Beach, as such may be amended from time to time, together with the Tentative Tract map conditions for the Property. Section 14. "Setback Area" shall mean and refer to that portion of a Lot or Community Facility designated, in part, as such by by the Regulations and which (for each lot) is shown in greater detail on Exhibit A. The Setback Areas are established by the Regulations, together with this Custom Lot Declaration. However, nothing contained herein shall precluded the establishment in the Architectural Standards of a greater Setback Area for a particular Lot. "Setback Area" shall include all portions of a Lot other than the Building Envelope. The installation of Improvements in the Setback Area is also restricted as described in the Article hereof entitled "Building and Landscaping Restrictions." Section 15. "Supplementary Custom Lot Declaration" shall mean those certain Custom Lot Declarations, or similar instruments, annexing additional property extending the plan of this Custom Lot Declaration to such additional property as provided in the Article hereof entitled "Annexation of Additional Property." ARTICLE II Building and Landscaping Restrictions Section 1 - Governmental Regulations. All of the provisions of this Custom Lot Declaration regulating the construction of Dwelling Units and other Improve- ments on the Lots including Community Facilities and the landscaping thereof are in addition to and shall not limit the effect of any applicable statute, ordi- nance or governmental rule or regulation, or of the requirements of any public utility. Neither Declarant, the Association, the Architectural Committee, the Owners, or the agents, employees, attorneys or consultants of any of the forego- ing shall be deemed to have represented hereby that said statutes, ordinances or regulations or public utility requirements permit construction and/or landscaping to the same degree as permitted by the Architecural Standards or by this Custom Lot Declaration in the Building Envelope or the Setback Area, and it shall be the responsibility of each Owner to ascertain the applicability of such statutes, ordinances and regulations to the improvement and landscaping of his or her Lot -3- Custom Lot CC&Rs (BRK) %,dayuu raai"ay BAD69g (4/09/85) a or by the Association as to any Community Facility. However, if such govern- mental regulations are less restrictive than the provisions of this Custom Lot Declaration, the provisions of this Custom Lot Declaration shall nonetheless apply. Section 2 - Architectural Control in Association. The Declaration pro- vides, among other things, that the Architectural Committee shall administer Architectural Standards promulgated by the Board. No Dwelling Unit or Improve- ment, including landscaping shall be commenced, erected or maintained on the Property except in compliance with the Architectural Standards, the Declaration, including, but not limited to the Article thereof entitled "Architectural Control", any rules or regulations of the Association and this Custom Lot Declaration. Section 3 - Landscaping Standards. The Architectural Standards shall also contain Landscaping Standards which shall be promulgated by the Board and are to be administered through the Architectural Committee controlling the species, placement, and height of any tree, plant, bush, ground cover or other growing thing placed or planted on each Lot or Community Facility within the Property. The Landscaping Standards may, if the Board so chooses, distinguish between dif- ferent sections of the Property or between Lots and/or Community Facilities and may have different requirements for each Lot and/or Community Facility or sec- tion. No landscaping shall be planted or placed within any Lot or Community Facility without prior approval of the Architectural Committee of plans and spe- cifications therefor. The Architectural Committee shall use the rules and pro- cedures for approving plans for Improvements as set forth in the Architectural Standards for reviewing landscaping plans and the provisions of the Article of the Declaration entitled "Architectural Control" regarding submission and approval of plans and specifications shall likewise apply. Section 4 - Location of Dwelling Units ind'Other Improvements in Building Area. (a) The Dwelling Unit constructed by an Owner on his Lot and any Improvements constructed or maintained on a Community Facility shall be located solely within the Building Envelope for said Lot or Community Facility. This Building Envelope shall be defined by reference to the Setback Area and the Height Limit for each Lot or Community Facility, which (for each Lot) is shown in greater detail on Exhibit A. Notwithstanding the above, minor encroachments for eaves and chimneys may be allowed into the Setback Area and in excess of the Height Limit if allowed by the Regulations and garages may be approved by the Architectural Committee which lie outside of the Building Envelope but within a Setback Area provided that they otherwise comply with the Architectural Standards and the Regulations. Nothing contained in this Custom Lot Declaration, however, shall preclude the Board from imposing either a greater Setback Area or a more restric- tive Height Limit for any particular Lot or Community Facility than is provided for in the Regulations and which (for each Lot) is set forth in Exhibit A. Any such additional restrictions and limitations shall be set forth in the Archi- tectural Standards. (b) Improvements consisting of fences, walls, pools or other struc- tures auxiliary to the Dwelling Unit or Community Facility shall be permitted on any portion of the Lot or Community Facility (except those slope areas to be maintained by the Association shown on Exhibit B to this Custom Lot Declaration which is attached hereto and is incorporated herein by this reference or within those sewer or storm drain easement areas of Lots 2, 3, 11 and 12 as described in greater detail in Article V, Section 3 of the Declaration), provided all of the other provisions of this Custom Lot Declaration, the Regulations and the Archi- tectural Standards are satisfied including, without limitation, the height of such auxiliary structures. Section 5 - Height of Dwelling Units and Other Improvements. (a) Maximum Height for Project. No Dwelling Unit or other Improvement shall be constructed, installed or maintained within the Building Envelope of any Lot or Community Facility within the Property which shall exceed the Height Limit -4- Custom Lot CCSRs (BRK) tanyun rairway BAD69g (4/09/85) e for any such particular Lot or Community Facility which are established by the Regulations and which (for each Lot) is shown on Exhibit A. (b) Speclfic Heights for Specific Lots. In addition to the maximum general Height Limits for the project set forth in the Regulations and shown on Exhibit A, no Dwelling Unit, or Improvement within a Lot or Community Facility shall exceed the specific Height Limit for the Lot or Community Facility as described in the Architectural Standards. (c) Height Limit of Other Improvements. No Improvement (such as a wall or fence) which is built either along the property lines of a Lot or Commun- ity Facility or within a Setback Area, whether or not used as a retaining wall, shall exceed any applicable Height Limit imposed by the Regulations, this Custom Lot Declaration or the Architectural Standards. Section 6 = Height of Landscaping. (a) Landscaping in Building*Envelope. Improvements consisting of landscaping installed within the Building Envelope of a Lot or Community Facility shall in no event be permitted to grow to a height which exceeds the specific Height Limit as described in Article II, Section 5(c) above. (b) Landscaping in Setback Area. The height of any Improvements con- sisting of landscaping installed within the Setback Area of a Lot or Community Facility shall not exceed any applicable Height Limit as described in Section 5(c), above. Section 7 - Construction Materials and Colors. All Dwelling Units and Improvements shall be constructed, repaired, replaced and maintained in conform- ity with an architectural style and character which is generally described as Contemporary Mediterranean and which is defined with greater specificity in the Architectural Standards. The color, scheme, type, quality and other criteria established for materials and colors by the Architectural Committee shall conform to this Contemporary Mediterranean architectural style and character and are set forth in the Architectural Standards in greater detail. Section 8 - Grading, Excavation,'aad Fill. (a) Grading - Each Owner shall obtain all permits for grading cuts and fills as are required by any and all governmental agencies prior to commencement of any grading or filling and shall abide by the requirements of any and all such agencies. Prior to making any such submittal to any governmental agency, the Owner shall submit the grading plans showing such work to the Architectural Com- mittee for its review and approval. (b) Excavation'aad Fill - Fill or top soil material brought to the Lot by the Owner shall be free of adobe, termites, and deleterious matter. All areas to be filled should be scarified and/or overexcavated, moisture -conditioned and recompacted to at least 90 percent relative compaction prior to fill placement. New Fill should be placed in thin lifts and bench- ing into existing fill or bedrock material should be performed where the Fill material is placed against an existing slope. All work shall be inspected and performed in accordance with the recommendations by a registered engineer. All Excavation and Fill areas shall be shaped to blend into the adjacent land forms and shall be done so as not to adversely affect adjacent Lots or Community Facilities. Whenever Excavation and Fill creates an unstable bank condition, or potentially unstable bank condition, the Owner shall take appropriate action to control and retain the embankment. Excavation or Fill which, in the judgment of the Architectural Committee, creates a high and unsightly retaining wall may be disapproved. Whenever Excavation or Fill requires the construction of a retain- ing wall it shall be the Owner's responsibility to install and maintain the wall. All retaining walls placed upon embankments or Fill areas of more than three (3) feet in height or depth shall be designed by a registered or structural engineer. -5- Custom Lot CC&Rs (BRK) ""`r"" ""' BAD69g (4/09/85) Whenever Excavation or Fill causes destruction of existing drain- age swales or natural drainage patterns, it shall be the Owner's responsibility to restore such swales and drainage patterns or to otherwise provide for adequate drainage. No Excavation or Fill shall be allowed within the Front and Rear Yard Setback Areas of a Lot which are shown in greater detail in Exhibit A, except for Excavation in the Rear Yard Setback Area for the construction of a swimming pool or spa. (c) Drainage: The Subdivision Map of Tract No. 10814 ("Map") locates all drainage easements. All existing Lot drains and top of slope drains shall be maintained as originally installed by Declarant except to the extent that plans and specifications covering a modification thereof are approved by the Archi- tectural Committee. All such modifications to the existing Lot drainage shall be prepared by a registered engineer. Drainage over the top of the slope located within the Rear Yard Setback Area of a Lot which is shown on Exhibit A shall, however, in all cases be prohibited. The owner is requested to direct his architect to examine the Map before preparing the site plans. The flow of sur- face or subsurface drainage onto, across or from each Lot must not be obstructed. Such runoff shall be dispersed or channeled by surface swales or other facilities in such a manner as to prevent erosion and damage to property. The Architectural Committee will closely scrutinize the proposed location of Lot drainage facili- ties and may suggest revisions to provide for acceptance or discharge at certain points or locations along Lot boundaries as indicated on the Map. The Owner, however, will be responsible for the actual design of these facilities and be liable for all claims or damages resulting therefrom. The Architectural Com- mittee will not unreasonably withhold approval of any design for Lot drainage facilities but will disapprove designs which, in its opinion, are impractical or do not adequately consider the possible adverse effects on other Lots. The Owner shall, in the event of any violations of this Section, restore such Lot to its state existing immediately prior to such violations, including the filling of any excavation or removal of any fill. If the Owner fails or refuses to restore such Lot as aforesaid, then the Association shall do such restoration and the Owner of such Lot shall reimburse the Association for all expenses incurred by it in performing its obligations under this Section. Section 9-'Enforcement-of'Building and Landscaping Restrictions. The Association shall have the right to require, through the Architectural Committee, compliance with the Building and Landscaping Restrictions set forth in this Article.- In addition to any other requirements established under the Declaration pertaining to the submission of plans and specifications therein established, the Architectural Committee shall require as a condition to the approval of said plans and specifications that such declaration as to height and placement of Improvements and landscaping be certified as correct by a person licensed as a civil engineer or an architect in the State of California, or by a person licensed as a landscape architect in the State of California in the case of land- scaping. Section*10 - View Disclaimer. By promulgation and/or enforcement of the Building and Landscaping Restrictions, or otherwise, neither Declarant, the Board, the Architectural Committee, nor the members, employees or consultants of the foregoing, have made any representation whatsoever concerning the view, if any, that a particular Lot, or Dwelling Unit, Community Facility or Improvement thereon, will enjoy. Section 11 - Big Canyon Country 'Club Indemnity. The Association and each Owner shall hold the Big Canyon Country Club, its officers, agents and employees harmless and free from liability from all damages, costs or expenses incurred by reason of injury to property or injury to or death of persons caused by golf balls entering the Property. As provided in the Article entitled "Insurance" of the Declaration, the Association may obtain any insurance which the Board deems appropriate to cover any such damages, costs or expenses. Section 12'- Right of Entry. The Architectural Committee or Board of Direc- tors or its representatives shall have the right to enter upon a Lot or Community Facility for the purposes of verifying that the construction of a Dwelling Unit or Improvements including landscaping, or the growth of landscaping after instal- lation, complies with the Building and Landscaping Restrictions set forth herein. Custom Lot CCSRs (BRK) tanyun rnarway BAD69g (4/09/85) i Such entry may only be made during reasonable daytime hours, excluding legal holidays, and shall not unreasonably interfere with the construction of Improve- ments or the installation of landscaping, or the use by an Owner of his Lot. ARTICLE III Maintenance and Landscaping Section 1 - Maintenance by'Association Prior to'Permit. The Association shall maintain each Lot in a clean, debris and weed free condition until such time as its Owner notifies the Association in writing that a grading and/or building permit has been obtained for construction of a Dwelling Unit on said Lot pursuant to plans and specifications approved by the Architectural Committee. The foregoing shall not require the Association to undertake any work of repair, improvement or construction on any of the Lots but merely refers to debris and weed removal. The Association shall charge the Owners of Lots so maintained a monthly fee equal to the costs incurred by the Association in accomplishing such maintenance and said charge shall be a Special Assessment against such Owners as defined in the Declaration. After an Owner has obtained a grading and/or build- ing permit as aforesaid, the maintenance of his Lot shall be governed by the Declaration, including without limitation the Article thereof entitled "Repair and Maintenance". ARTICLE IV Annexation'of Addifional Property Any other real property other than the Property as described in Recital A to this Custom Lot Declaration may be annexed to and become subject to this Custom Lot Declaration, as follows: Section 1 - Annexation Pursuant to Approval. Upon approval in writing of two-thirds (2 3) of the Owners within the Property, based on one (1) vote for each Lot owned, any person who desires to add real property to the plan of this Custom Lot Declaration may file of record a Supplementary Custom Lot Declaration. The certificate of the President and the Secretary of the Association attached to any Supplementary Custom Lot Declaration recorded pursuant to this Section certi- fying that the required two-thirds (2/3) majority has approved the recordation of such Supplementary Custom Lot Declaration shall be deemed conclusive proof thereof. Section 2 - Supplementary Custom Lot'Declaration. A Supplementary Custom Lot Declaration shall be a writing in recordable form which annexes real property to the plan of this Custom Lot Declaration and which incorporates by reference all of the covenants, conditions, restrictions and other provisions of this Cus- tom Lot Declaration and shall contain such other provisions as set forth in this Custom Lot Declaration relating to Supplementary Custom Lot Declarations. Such Supplementary Custom Lot Declarations contemplated above may contain such comple- mentary additions and modifications of the covenants, conditions and restrictions contained in this Custom Lot Declaration as may be necessary to reflect the dif- ferent character, if any, of the Annexed Property and as are not inconsistent with the plan of this Custom Lot Declaration. In no event, however, shall any such Supplementary Custom Lot Declaration revoke, modify or add to the covenants established by this Custom Lot Declaration with respect to the then existing Property. Section 3 - Mergers or Consolidations. Upon a merger or consolidation of the Association with another association, the surviving or consolidated associa- tion may administer the rights of the Association under this Custom Lot Declara- tion. ARTICLE V General Provisions Section 1 - Enforcement. The Association, or any Owner shall have the right to'enforce by proceedings at law or in equity, all restrictions, conditions, cov- enants and other provisions now or hereafter imposed by the provisions of this Custom Lot Declaration or any amendment hereto, including the right to prevent the violation of any such restrictions, conditions, covenants or other provisons and the right to recover damages for such violation. -7- Custom Lot CC&Rs (BRK) canyon raarway BAD69g (4/09/85) Section 2 - No Waiver. Failure by the Association or by any Owner to enforce any covenant, condition, or restriction herein contained, in any cer- tain instance or on any particular occasion shall not be deemed a waiver of such right on any such future breach of the same or any other covenant, condition or restriction. Section 3 - Severability. Invalidation of any one or a portion of these covenants, conditions or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 4 - Covenants to Run with the Land; Term. The covenants, conditions and restrictions of this Custom Lot Declaration shall run with and bind the Prop- erty and shall inure to the benefit of and be enforceable by the Association or any Owner as provided herein, their respective legal representatives, heirs, successors and assigns, for a term of sixty (60) years from the date this Declar- ation is recorded, after which time said covenants, conditions and restrictions shall be automatically extended for a successive period of ten (10) years, unless an instrument, signed by seventy-five percent (75%) of the then Owners of Lots within the property has been recorded at least one (1) year prior to the end of such period agreeing to change said covenants, conditions and restrictions in whole or in part. Section 5 - Construction. The Article and Section headings of this Custom Lot Declaration have been inserted for convenience only, and shall not be consid- ered or referred to in resolving questions of interpretation or construction. Section 6 - Singular Includes Plural. Whenever the context of this Custom Lot Declaration requires same, the singular shall include the plural and the mas- culine shall include the feminine and the neuter. Section 7 - At£orneys'leea In the event action is instituted to enforce any of the provisions contained in this Custom Lot Declaration, the party pre- vailing in such action shall be entitled to recover from the other party thereto as part of the judgment, reasonable attorneys' fees and costs of such suit. Section 8 - Notices. Any notice or other communication to be given to an Owner pursuant hereto shall be delivered as provided in the Section entitled "Notices" of the Article entitled "General Provisons" of the Declaration. Section 9 - Effect of Custom Lot Declaration. This Custom Lot Declaration is made for the purposes set forth in the Recitals to this Custom Lot Declaration and Declarant makes no warranties or representations, express or implied, as to the binding effect or enforceability of all or any portion of this Custom Lot Declaration, or as to the compliance of any of these provisions with public laws, ordinances and regulations applicable thereto. Section 10 - Personal Covenant. To the extent the acceptance of a convey- ance of a Lot creates a personal covenant between the Owner of such Lot and Declarant or other Owners, such personal covenant shall terminate and be of no further force or effect from and after the date when a person or entity ceases to be an owner except to the extent this Custom Lot Declaration may provide other- wise with respect to the payment of money to the Association. Section 11 - Nonliability of Officials; Approval of Plan. To the fullest extent permitted by law, neither the Board of Directors, the Architectural Com- mittee, or any other committees of the Association or any member or consultant of such Board or committee shall be liable to the Association or any Member for any damage, loss or prejudice suffered or claimed on account of any decision, approval or disapproval of plans or specifications (whether or not defective), course of action, act, omission, error, negligence or the like made in good faith within which such Board, committees or persons reasonably believed to be the scope of their duties. Without limiting the generality of the foregoing, plans and specifications are not approved for engineering design and by approving such plans and specifications neither the Architectural Committee, the members there- of, the Association, the Members, the Board of Directors nor Declarant assumes liability or responsibility therefor, or for any defect in any structure con- structed or landscaping emplaced from such plans and specifications. -8- Custom Lot CC&Rs (BRK) Vauyuu raiLway BAD69g (4/09/85) Section 12 - Amendments. This Custom Lot Declaration may be amended as follows: (a) Any amendment shall require the affirmative assent or vote of not less than sixty-six and two-thirds percent (66 2/3%) of the voting power (as defined in the Declaration) of the Owners within the Property and, further, this amendment provison shall not be amended to allow amendments by the written assent or vote of less than sixty-six and two-thirds percent (66 2/3%) of the voting power of such Owners. (b) In addition to the foregoing, any modification of the Building and Landscaping Restrictions for any Lot as described in Article II, hereof, shall require the vote or written assent of sixty-six and two-thirds percent (66 2/3%) of the Owners. (c) An amendment or modification shall be effective when executed by the President and Secretary of the Association who shall certify that the amend- ment or modification has been approved as herein provided, and recorded in the Official Records of Orange County, California. Section 13 - Original*Custom Lot Declaration Superceded. Upon the record- ation of this Amended and Restated Custom Lot Declaration in the Official Records of Orange County, California, the Original Custom Lot Declaration shall be super - ceded and replaced in its entirety hereby. From and after such recordation of this instrument, this Amended and Restated Custom Lot Declaration shall be the Custom Lot Declaration referred to in the Declaration and the rights and obliga- tions of Declarant and its successors in interest of ownership of the Property, or any portion thereof, shall be determined by reference hereto without any ref- erence to the superceded instrument. IN WITNESS WHEREOF, Declarant has executed this Custom Lot Declaration on the day and year first above written. THE IRVINE COMPANY, a Michigan corporation, dba IRVINE PACIFIC DEVELOPMENT COMPANY BY: BY: ACKNOWLEDGEMENT STATE OF CALIFORNIA ) as. COUNTY OF ) On this day of in the year 1985, before me, the undersigned, a Notary Public in and for said State, personally appeared and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice President and Assistant Secretary, respectively, on behalf of the corporation therein named and acknowl- edged to me that the corporation executed it. WITNESS my hand and official seal. Notary Public in and for said State -9- Custom Lot CC&Rs (BRK) canyon rairway BAD69g (4/09/85) srcuwo ,o' o' ` Jrbtr furlACK SIDE YARD MCrlaV ON T REAR YARD YARD -• EGEN "' FDR GARAGE SETBACK EXCEP770NS.__ a wAW'R Mi7rR ♦ unurr ca "CnoN _--�, rat arswir/daw L� sucorNs lNVfIO/E jewIR CRAWM7/014 AW. /ACK OF WACX ® 6RA7Q /N4f7 LOT No r' -32- CANYON FAIRWAY DRIVE SUIL DING ENVELOPE SIZE 4,136 SQ• FT. (APPAOA� EXHIBIT A, Pg 1 Of 1 jmgr r----r--�, +14 SITS&W JI/Off YARD StMaV. YARD -NOTE: &DG- FMS. ro .ffXr,vN0 L - 0. WAMIE M97rg A 1: 1 SLOPE RAUO unurraKweenav FROM Me INK &I., OF THE PIPE, NOTE., S&Z ARCY17EMIRA4 �MNLWAW 1AIMUOM STANDARDS MR GAMSff'.. ;raWaot OMWOMON ,FIJV. EIA'V. .SETBACK EXCEPTIONS, AMC WK @.- wo"Ac SECTION 4A-40 •6TORM DRAIN M.M. GRATE INLET LOT /vP z 30 CANYON FAIRWAY DRIVE BUILDING ENVELOPE SIZE - 3, 856 -519. F7 OPPROX-) EXHIBIT A, Pg 1 of 2 1 — 7-, JWt VIAW SIDE YARD _SAI 6W. /a, Rf ONT YARD NOTE: SEE ARCHITECTURAL STANDARDS MR 6ARA6E SETBACK EXCEPTIONS. LOT N° 3 28 CANYON FAIRWAY DRIVE BUILDING ENVELOPE SIZE 5 892 59. FT. (APpRo)(•; EXHIBIT A, Pg 1 of 3 REAR YARD LEGEND 0. "MR M97fR . YHNTYCwwtC7'/ON .." rat a-$wot1aERM L, IWLW/. t rvvirlDrE .—� s&Wtit COAWer"00 SW AWK Of WAX - ® omrr INLET 'xaw a' gyp' �--�wssrwri imtr YTMeK mraws SIDE YARD sier/6W. REAR t YARS NOTE' SEE ARC1117ECrURAL STAWWRDS FOR GARAGE SEMACK EXCEPT101V& Lor M° 4 26 CANYON FAIRWAY DRIVE SUILDING ENVELOPE SIZE 5, SAF Sq. Fr (APPROX.) EXHIBIT A, Pg 1 of 4 LEGEND C:. pMZR M97YR ♦ . unurr cvmvscrlcw �] ii+ta�w rNvttorr •-1�' NOWIR awwrrmw _ AW AWK OF WALK srurr Uri ssrs4ew S{DE YARD SECT/LW. REAR &pHT �' YARD MATE: SEE ARCN1r&C7URA4 SMIVDARDS FOR GARAGE SZTDACX EXCEPTIONS. cor /vg s 24 CANYON FAIRWAY DRIVE BUILDING ENVELOPE SIZE 5, 944 S9. FT. (APP Re+X) EXHIBIT A, Pg 1 of 5 Ef Gam, END 0. 1/OMt Ml7tR . V)7UrrCVAW&C"aV •----r �+r c�stoir/efatd �� %iVGGNt lNVfLOPE 1 ►��' llwtR CAWtC77aN •W. AM'K Of WALK RONT YA D REAR YARD maho 1 ,0. 1 to' ��nKfrJroRT =Arr "1 S[TI�CK UTWX SIDE YARD SPCTIGW. 'a2O. �-1 "rE•' SEE ARC111rFCT!/RA4 WWAIDARD5 FOR OARAGE SETaACK EXCEPPOMa EL MEND G , WAICR MLTCR • anurr caw scriow r-� W#4NA6 FNVfLOFE itwlR CVAwre"CWI AW. AWK OF WWK LOT N° 6 2Z CANYON FAIRWAY DRIVE BUILDING ENVELOPE SIZE S, /60 SCE FT. (gprR#)(•) EXHIBIT A, Pg 1 of 6 u TOP of �i ...... \ $Lo/[ JW9 VIVO $NVLLOPC"' . M/VA1s ; >rQ11tl /0, /O IOWA //RfT 11bRY,f! 1t �f/AWirraAm SIDE YARD SlCTILW. RONT REAR YARDYARS EE GEND N07E: SEE ARCH?ECMRAL STANOA403 0. VµtlLf M97ZR /rcw GARAGE SE7994cx EXCE.PT/ONS ynuTYco.+wsrriwv —�-ter ,!e[ or,fvAr�OfRM r--� •uco/N! lNVlLOi1F —0. -+ slwfR OfAWrrnoN /w. SACK Wr WALK LOr IV 7 20 CANYON FAIRWAY DRIVE BUILDING ENVELOPE SIZE 4,608 SO tr (APPROX i EXHIBIT A, Pg 1 of 7 FRONT NEAR Jim -2 1 =Y,4,R lao I, Z: ------ . .......... 97C , CURS z NOT 56E ARC1117EMIRAL S;rAAlOhRD S FOR 6.49464f SETBACK EXCEPTIONS J, DR -, YARD srcr/ov I us ...... LEGEND 0. VA4TFA MeMrR rat CWJOArISS&M iWLWAAE fVVZ4AAr SSWAR CA"vampff 11W. LICK Or WALK ,4or /vp 8 18 CqAfYOA( FAIRWAY DRIVE SU14DINGZAIVEI-OR-c -SIZE 4,304 SQ Fr (AtOPAoX.) EXHIBIT A, Pg I of 6 1 SIDS YARD SOMaY. MONr REAR RYA O Y� NOTE SEE ARCH1rec7ztRAL STANDARDS FOR GARAGE SETBACK EXCEP7101yV. LOT IV ° 9 16 CANYON FAIRWAY DRIVE BUILDING ENVELOPE SIZE 4, 936 SO FT (APPRO)(•) EXHIBIT A, Pg 1 of 9' LEGEND__ 0. µMMit M97rR ♦ . unuTYcovv�erxw ���t • ,i1f LV ,TLO/If�6ffN sm.w f !NVlYO.*E I iMwsR mwje om AW AWK OF WAfK 'of -\� 7DP o/ � ( Lf�Rs>•S7oRY fi K,1fTMCK K0� X�yD HSL71KK SIDE YARD JECT/dV RONT REAR YARD YARD LOT N c /O 14 CANYON FAIRWAY DRIVE BVILDIN6 ENVELOp1E SIZE ..5,064 SQ.FT, (gppROX,) EXHIBIT A, Pg 1 Of 10 0 NOTE% SEE ARC#/TECTURAL STANDWRDSFOR GARAGE JSSMA" EXC4AMO'VS NOTE' - BUILDING F&Vr/NG5 7a -ZYMNO 4LO'BELOW A I rI SLOPE RAT/O AMW r//E IN✓ERT EL6Y. OF . TNe PIPE. REAR YAR 0 omw IIO /0� IRtTJllrtt I1bRr f(tMCK tsrMc[ SIDE YARD SeCTIM /ANCRT Er. EVAT/ON SE67JLfRI to✓i/MfR�"PiANS SECT/ON "A -A" L OT A ° // J2 CANYON FAIRWAY DRIVE BUILDING ENVELOPE SIZE 4,584.54t,Fr. (APPAox.) EXHIBIT A, Pg 1 of 11 An' I' %o, LEGEND 0. NN/FR M[T[R ♦ . irl7urYcotrncw r-� iNLO/M/ [NV[LOPE mot— [twit noAwemo v A W. MOK or WALK O SEWER ""Awe FRONT ' REAR MY YARD 61N.C. Z777-� I DRAIN - - A 19aQw Lrar"D awl .Q -icE.T540M RA7150 MM a. won" MCMIR tvvtq r zcarY OE murrawvernow THE PIPE. SEC7'101V'A-A" Ali PACK OF MCK M GRATE iv&cr Sr,4,V0AR0S Lor /ve /Z FOR GdJR.4046 546ASACK hr)(C4FPr10A1a /0 CANYON FAIRWAY DRIVE BIJ14DINO ENVELOPE -31ZE 6,1-52 SQ.F;r EXHIBIT At P9 1 Of 12 OMT REAR 2-92 YARD NOTE' SEE ARCHI;WMRAL STANDARDS FOR OARAG'= SETBACK EXCEPTIONS. nRtr.sner ltrMCK SF79WJI SIDE YARD SKr/AV. LEGEND Q . WAMN M97FR unurrcxwvec rw �----t tvw a-x&Y1dtRM 1 •-/—' fin/R �tc'r�'oN &W 6MK w W*K m O,dTE wi er LOT Na /3 8 CANYON fAMMAY DRIVE BUILDING ENVELOPE SIZE 5143Z 59.F7- (,4,*P t09) EXHIBIT A, Pg 1 of 13 SIDE YARD MC776W J a U I6S ti �� a• 70 r•G. tab' 4 I I • i C. I .ww. : •::•.: 1 •t:f'i•+i.:°:'£ j;::;f:i i:; <: "•j','f:i'i i;y isC<_i: ': •::•• X. N. 10� !9.''o- sc. �::.:.;�:i��i:��;:%�i:E;:i`;<:'i�Qin::i`..'� '•• i /0' I 7 t I I I ........ .:. i t in 1 CURB LJNE k" NOTE: SEE RRCN/7ECTURA4 STANDARDS FOR GARAGE SETBACK EXCEPTION5 LEGEND C WAMM MVER • nnurrcawtmnox nu arsom/argm CJ sLaaNa tvvtLone •—J— tlwait to mver alv SW. SOCK Or WALK LOT Ns /44 6 CANYON FAIRWAY DRIVE BU/CDING ENVELOPE SIZE 5.824 59.f7 (l9PPRo)(•) EXHIBIT A, Pg 1 of 14 s R, EAM FA YARD ' NOTE SEE ARCHIrECT!!RA[ STANDARDS FOR GMAS& SETDgCK EXCEAr/ONS. LOT N° /5 4 CANYON FAIRWAY DRIVE BUILDIA16 ENVELOPE SIZE 7, 3¢4 Sq.FT. (q�PRoK•) EXHIBIT A, Pg 1 Of 15 ES. GEND O . W4= ML7WR ♦ . unurr coAwscricu ----t rat aa/om/scorn wcaMr AWCUPE •—!� l�w�R C1aYvtr7YoN A** ZWK Or WALK M GAArx /NLEr RONT REAR YARD ♦ . arJUTY L'OV.VFCrAOW NOTE. SEE ,,9RCN/TL5'CTe/RAL STANOAROS _.__, rar o•acO��aeRM FOR 6ARA6E Jerz.4CK EXCEPT/ON.S r_, /ifLLVNf FNVFLOFlf .1— lIWIR c"we "ON • IW. SACK Of WA[K m—fmrf-jN4F7_ LOT N° /6 2 CANYON FAIRWAY DRIVE BUILDING ENVELOPE SIZE B, 21 G Sq. F7 (APpROY.) EXHIBIT A, Pg 1 of 16 ' IDE YARD ?IICT/LW. AWZ SEE ARCH/TECraRjU S;r,4N0.4RD5 fOR GARwz SETBACK EICCEPT/ONS LOT N!e /7 1 CANYON COURT BUILDING ENVELOPE SIZE 4, 976 SQ. FT. ('910PROX ) NO. LEGEND O . MN7rR MlTrR anurrcoAwsenow Mee tIK cNJ�oI1f�AlRM '�� INLLYAN lNVLLLVIP "-4 i !SWIM C4 VAFtWON SW ALIPK Of WALK EXHIBIT A, Pg 1 of 17 REAR YARD f=IfYA D� i LARD k0 -•--�-� �1 _, „``` �os'�s Zo cep\ %q0 i CURB NOTE; SEE ARG•N/rsc74VRAL STANDARDS FOR GARAGE S c7S4CX EXCEPTIONS. 1p V s NO, E CN Q , WN7rm M[rem ♦ smorr covNfcr/ON �^^�.',. jiVLGNi fNVfLOPf �•1� ttwtR gswMK7Jo�v AW XWK of wwK LOT MR /8 3 CANYON COURT BUILDING ENVELOPE SIZE 5,046 S9.Fr. (f PPROO EXHIBIT A, Pg 1 Of 18 Stpf YARD FROM REAR Y 1 1 ► F s •. i t . 1 i I I I .I a 1 ( I 1 I 1 10 k kkk i 1 1 I ( i 1 1 I 1 b6 1 . 1 1 MOTE. SRe ARCH/TEC7!/SQA4 N STANDARDS FOR G4RAGE � SBrdACK MFP770NS. a 4 LOT At /9 5 CAAIYON COURT .. BU14DlNG ENVELOPE S/ZE 4;968 SQ.FT. (APPI�OX� EXHIBIT A, P9 1 Of 19 EGEND C . NNTER MLTL'R ♦ . anurr COAWSCWLw �-r-� s&WOR d7MW/r"VAr AK AIeK or WALK Now MAP srr*Am -SIDAr YARD -qper/ay. End REAR . YARD YARD - R AfOrZrf SEE ARCH/ rAFC7VR,4L SrdqtVOd4RD3 FOR GARAGE SFra,4cx exce'arION5. L. 0 7" At 9 20 7 CANYON COURT 8 1111-D ING E-N VE-1- OPE SlZjE- 418 0,8 -69. er. P P 0 X timarr CcKwsc7-1*v rat a-"AwlserAl am4.wAw mvezom SCW§Jt CMWAWrl" AW AWK We WMAC EXHIBIT At Pg 1 of 20 LearMD O . MOM MA7tR VIJNrF CMWSMQV /NLNAY IAWILAY I i#WAR CAWMrrAW �1K AWK OF WALK O G[Af6 lut rr NOTE, SEE ARCH17ECMRA4 47ANOARDS AOR GARAGE 5E7BACX EXCEP7/01VS. LOT N° 21 9 CANYON COURT BU/LD/NG ENVELOPE J/DZ YARD JIICT/QV. SZE e,09G sq.Fr. (AppR6)(.) EXHIBIT A, Pg 1 of 21 I ��r(,� s\? (, : y � � .�` !, - l�r� ''�"�'.j! �'i ' � •.�.1 , # �I � �'" 'Z '1 ° � r . �-1 ` i i • BALE \ . '.BAN • .~ --~- ... - � -7 .. LEGEND • PRIVATE LQT HIGH MAINTENANCE C 31MION AREA ['14e447 s.Rl 1-IOMEON/NEA ASSOCIATION MAIIYTAY 0 N K3 THE IRVINE COMPANY sLOPEs ca07607 HONIEOWNEP-ASS'OCIATIOIV MANVTAMVE� STREETS [83,840%ml �.. GUEST PPjIRKING AREAWOSCAOo�� LANOHAPE: C.00i CVP. /SUMMERS & PANERSr INC. llllcl Ri Lueawi:xLHw+v Mru n.vr, Wrttwru 4ll. Olo~li CANYON FAIRWAY LANDSCAPE ARCHITECTS. ASIA A, ., 4'ct-St'e'a+.v.n^.'fn«x"?r'-i2.._.trr...�•,,-x�;...n-ru;•q•:••f+'ar-rev _: �.s'� f'. - , �"'i 4�C ',`���.h>..�=yr.^.t.t�.hn ��'(ww AM.1'•,�,"�i ���� ,Yss^^4T• .,.. t• ,�:'� :!` .>;.:' •gar' -, r, `. -�;.. ^.r�r,v }'vSer . ,,'��� �t .'. , �>i-^'RYY.`S�'y� .^ 2 �. :,Y.., ., '. �;.•' ..J��. r: '5:,, ::%'�«" �lv'!-... !�, re `-' 1 Ni (,ems' n: � • x�'c:::_ is °cat_ - , • � 'w . •.' , � - 4 :-E'`! [�'.y �,'^.sa,. - '�'�' ' r -COMMISSIONERS F". •. Decembe18, 1980-7 ,� e•= �i_iv MINI) surd r <r. �: M-- - IIIIIN City, of Newport Beach.: �.ax ROI I C:AU I I 17TI -tl- to6i,4 JINDfX •tftSi:;2 ei .S( ♦..T' � 12.: That the discharge of waste from the pro- posed subdivision will not result in or add to any violation of existing require - men ts prescribed by a California Regional ' Water Quality Control Board pursuant to =;\ Division 7 (commencing with Section 1300) of the. Water Code. {.Y n.` '.:•'"' .ul' �• ;Y• ., a'ipin�.: ,�.-w1S=n �,r. \ CONDITIONS: :nr, .r i-. That a final map("s) be filed.: 2. That al I: be constructed -as re quired by Ordinance and the Public Works Department-" y'fi.,iY l^•ir'sY'llil r�au :B \.. �....:: _ S•Q. 3. :That each dwelling unit be served with'an individual" water service and sewer lateral connection to the public water and sewer i:•(' * 'systems unless .otherwise .approved by the Public Works Department 9 .-r.. 's ... .�,%m`5i, \.v<u,n. r�Ji>.. Y;V:i-"h�•7•i'•': ba.� ••.\i`�1 i'q'•y�T� 4. ?That the design of -the private streets an•Kd ,._; drives conform with the City's private'•'••ti,$;J street �7a policy (L-4), except ,as approved by olic the Public Works Department. The basic'' right-of-way width shall be a minimum of 40 feet: "The location, width,' configuration,: *; and concept of the private street and drive; system shall be subject to further review, • and approval by the City's.Traffic Engineer: 5.-'That easements for ingress, egress and pub tic utility purposes on all private streets be dedicated to the City and that all ease- ments be shown on the tract map. 6. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other ob- structions shall be considered in the sight distance requirements. -Landscaping within the sight distance line shall not exceed twenty four inches in height. The sight, =,• distance requirement may be approximately modified at non -critical locations, subject to approval of the Traffic Engineer. -39- ...1n.nnur.w Y�.e-.e•.w �.�....4...•sw...-•. .r•..w- �.w.......+ .r e l v F A ..�,, • ..+. 41 F 1. December 18. 1980 �- = iI Itt1leicy of Newu«c 6eacl, t.?? MINUTES 7. That all vehicular access rights to San o Joaquin'Hills Road be released and relin- quished to the City. B. That the final design of the on -site pede- strian circulation be reviewed and approved by the Public Works Department and the Planning Department. •..a. 9. That the California Vehicle Code be enfor* ,. cad on the private streets and drives, and that delineation acceptable to the Police ` Department and Public Works Department be ; provided along the sidelines of the private streets and drives. a 10. That the water capital improvement fees be f paid. , 1l. That an agreement and accompanying surety guaranteeing completion of the public im- provements be provided* if it is desired to record a final map prior to the complex ��,,•,tton of the public improvements. 12. The width of the concrete sidewalk to be' constructed along the northerly side of • San Joaquin Hills Road is to be subject to the review and approval of the Director of Public Works. Handicapped access ramps are to be constructed at both intersections of Big Canyon Drive and San Joaquin Hills Road. Top of slope along San Joaquin Hills Road shall be two feet behind property line. 130 That street. drainage and utility improve- ments be shown on standard improvement plans prepared by a licensed civil engineer. 14. That a hydrology and hydraulic study be Prepared and approved by the Public Works Depalan of water�mseweraandgWith a storm draintfacer ilities for the on -site improvements prior to recording of the final map. Any modifications or extensions to in waterand sower hsystems ishown oot berm are. quire.d by the study shall be the responsi- bility of the developer. That asphalt or, -40- .i...w••reyt.wa.�:.....:.. M..:uCeagw-_r..tw...i..,+-s..r.•.,•wey.+. �.+e. .e•-. ... Olin. r. e . 1 1.}j7 . - -rap!•,}" � � . e . 1 1.}j7 . - -rap!•,}" � � . ROLL C } ff i,. - • •�it•.11.i . �4 - Pl . ., . COMMISSIONERS e,cember 18, 1980^ r -• ... Ffl i t City of NeArmt Beach MINUTES'' k concrete access roads shall be provided to all public utilities, vaults, manholes and junction structure locations. 15. That easements dedicated to the City be a minimum of ten feet in width, with wider easements provided where required by the Public Works Department. 16. That the architectural character and land-,: ;- scape design established within the exist-' :a,•ing Big Canyon P-C District shall be main-,: ;•. �• tained. 17.1 A landscape and irrigation plan for the : r" ;', •. project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation; +" ." • .of landscaping with the 'proposed construe- tion schedule.- (Prior to the occupancy .•`,, of any structure, the -licensed landscape-.-,., architect shall certify to the Planning7•'" ,� Department that the landscaping has been ,"A installed in accordance with the prepared' -- a n a3k:A•ry s, cKr • < :°':z', x.. =: >�.': •"l_ i, •i- �.,., �M•Y. ., .'.'IF �, iR"IW.a.� ZtT ! :.'. i 4" i4 -subject � .. 18. The landscape plan shalt be to the " review of the Parks. Beaches and Recreation Department and approval of the Planning, -. "�... r.,, Department. t.=,. .. •,••. � ;: ,�. .,:-- 19„ The landscape plan shall include a mainten- ance program which controls the use of ferti1izers and pesticides. • V: ' 20. The landscape plan shall place heavy em- phasis on the use of drought -resistant,, ' r, native vegetation and be irrigated via a',•,"" - system designed to avoid surface runoff and over -watering. _ • , 21. The"landscape plan shall place heavy em- phasis on fire -retardant vegetation. 22. f Street trees shall be provided along the public streets as required by the Public Works Department and the Parks, Beaches ..and Recreation Department. ': s•t:P ;' ' -r i. •$•�4 P ' w ,l�K)6M iscember 18,if 1980.�• ,r zoder�,• . Gt v of Newport Beach r Vlw+may,-'� r �M}NJTES Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 24 To the maximum extent practicable, the existing coastal sage scrub in the northern portion of the project shall be maintained in the landscape plan, and that in no event shall the arroyo at the north boundary of the parcel be disturbed. t 25,. Development of the site shall be subject to• v" r- a grading permit to be approved by the, } *.. Building and Planning Departments,,,i';.c l 26. That a grading plan shall include a com- r it Plete plan for temporary and permanent Tee drainage facilities, to Tinimize any I,''I potential impacts from silt, debris and ; other water pollutants.+ 27. The grading permit shall include, if re-,! x quired, a description of haul routes, i f F access points to the site and a watering and sweeping programs designed to minimize impacts of haul operation. t 28. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and e Recopy gionalwill WateroQuality ControlCBoardrnia Santa Ana Region, z 29, The velocity of concentrated run-off from i the project shall be evaluated and erosive velocities controlled as part of the pro- ject design. 30. That grading shall be conducted in accor- dance with plans prepared by a Civil En- gineer and based on recommendations of a soil engineer and an engineering geol-ogist subsequent to the completion of a compre- hensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard site sheets shell be furnished to the Building Department. -A2- �• i '�' IIIIIIiI �����• .:r..... , i . y s gMrr�"+1$�YdT*"',�,4NR'a^. �_�:+S:Ss.`C �,h�y+�+?l.Cw. a,•"l. x;,+a{_-{•_.%;��,;�:•�.. 'i•`t' tt�i �-°.�5. �?A`%%�3l^•�+,+t-,:,. w.�. .:i •� � � _ _ V k,,. +},Y• _ "i,,n.�ir�'�,'t. .'�'N �a.Pr',;. ST'`•a•`'.ti�, ' `�.'r'!.i'.,•.ry-i:�` v�ix a"f^'""''''f`i �'~ .1!!*' , ,+ "'�,�`• 'i1980 .. ,�.' .�,:r �,4:',••A. •_ .a.•t,• ..f �rf COMMISSIONERS ecember` 18, i ='A'' :'• '" �''w"' MINUTES City of Newport Beach ROLL CALLTTTTTTI I I INDEX 31. That the applicant provide for vacuum ' sweeping of all private streets -equal to that service provided by the City for residentiab area streets. . 32. Prior to the issuance of the grading permit the' design engineer shall review and state I"that the discharge of surface runoff from the project will be performed in a manner,', to assure that increased peak flows from - the project will not increase erosion im-f mediately downstream of the system, this shall be reviewed and approved by the ;' •,; Planning and Building Department.' <t•i' t 33. That erosion' control measures shalt bey f ' done on any exposed. slopes within thirty11L.- days after Y gradingorp , as approved b the••'a Grading Engineer.;.:y.• 34: Control of infiltration to the groundwater, system from the project shalt be�provided 1 y * " as part .,.of the project design.: •; =.:•• ,'° : �: t.' y: ••<�,., .,..tie -•?.1>2{i .F :J.:; 35. Tlbat mitigation measures 1 thru 9 contained . on pages 14 thru 16 of the "Big Canyon Area No. 10 - Draft EIR" shall be incorporated -into the final project unless otherwise modified -by conditions of approval con- tained herein or the City's Grading Engineer. 36.' A subdrain system shall be installed sub ject to the approval of the Building,:: Department.. • " s t 37.';That final design of the project shall {_ provide for the incorporation of water-' saving devices for project lavatories and other water using facilities. 11. • 38. Prior to the occupancy of any buildings, a program for the sorting of recyclable material from other solid wastes shall be developed and approved by the Planning = Department. 4 C r s . -43- !!! December 18, 1980 # 39. That should any resources be uncovered ,during construction, that a qualified archaeologist or palenotologist evaluate the site prior to completion of construc- tion activities, and that all work on the site be done in accordance with the City,$ Council Policies K-5 and K-6.. p. 40. permitrauthorior to ized bythe sthecappproval ofithisg_ projects the applicant 3ha11 deposit with the City Finance Director, a sum propor- '#- tional to the percentage of future addi- tional traffic related to the project in �g the subject areas but not to exceed t of,a5wall on be the uwesed sterlyfor tsideof construction Jamboree, Road between Eastbluff Drive and Ford Road. # 1 ' 4t. That the final design of on -site pedestrian i circulation be reviewed and approved by the Public Works Department and the Planningt Department. r ;_ 42. The project shall comply with the Uniform I Building Code - 19 Edition and/or the } California Administrative Code Titles 19 ; and24.' 43. lprior to the OccOf upancy unit quaiiedaccousticatngieer,rtained y a the City at the applicant's expense shall demonstrate to the satisfaction of the Planning Director that the noise im- project dotsact fromnnotaexceedui"i65sdboad CNELnfore outside living areas Spacesthe requirements oflawforinterior 44. The applicant shall review, and to the maximum extent practicable incorporate the potential energy mitigation Measures described in Appendix 2 of the Big Canyon Area tion of the ID - Draft E the planning DirectorIRt to . satisfic- -44- 1 �.. COMMISSIW ••�� ' 4; ••'.:.i�J;.. `�'Y .r i4,:r t. ^ate:A, ;.:.• �n.� _ � '.:'!Y,^., .. �• '.\� � I.. .`S :'^ ;v ,�`.u'tl :rR', .:1�ir i.' I" ••aia`l 'rt:':^•� _ i.'.l-. , :�'•'• December 18;:1980'`•'fih��`�u�.`�'�=-��s:�;`��.,�'�`�'' MINUTE] �''?��" Cit of NevwvWt Beach . • a IAlnnr 45. That prior to the issuance"of building permits, the Fire Department -shall review the proposed plans and may require auto- matic fire sprinkler protec-tion.., 46.' That any cul-de-sac, buildiog•eddress, and street name shall comply with City Stan- dards and shall be approved by -.the Fire - Department. _ • n ., .+,: t•• . .k .`^���.. M^o •,r...:r°, �,.... ciFri:Xd.'"�:.�,Tt• •o�'ts .. S `1 ' 47. That the Fire Department access . shall be A. approved by - the Fire Department''t 48. That all buildings on the project s.ite,,'�••,. shall be equipped with fire suppression' i T systems approved"by the Fire Department:"*(_: 49:,' VThat a "defensible space" concept'shall-ae';:, rs:.-:.•incorporated to the construction and de=`:_=a' ' sign of the'project and`be reviewed and.," tN 'approved by the Police Department prior;,;. to the issuance.of any building permitsl, :•, 50.- The proposed" project shall incorporate in, `. iAternal securing system (I.E. security "?a guards, alarms,.access limits after hours),:; that shall be reviewed.by the Police,and ,I' ;. • Fire Departments and approved by the Planning Department. .•.'' 51. That all access to the buildings be " :approved by the'Fire Department. 52. That all on site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Department. 53. That fire vehicle -access, including the proposed planter islands, shall be ap- proved by the Fire Department. 54. Prior to the issuance of any building permits for the site, the applicants shalt, demonstrate to the satisfaction.of the'• Public Works Department and the Planning A Department that adequate sewer facilities will be available. �. -45- A4 WTES CQMMISSCNM �ecember 1a 1980 ♦ . - . i N�=F.x 0.17 ILI C' of t Beach ;ONE vex .,.r-=& ' 1 Notion Ayes Noes S. That prior• to the recordation Of the final ma tract.p, the applicant te land or pay a fee in 11eu thereof, or both, at the option of the City, for park and recreation purposes, in accordance with Chapter 19Mso of the Newport Beach Munici- pal Code ( Park Dedication"). i6. That the entticant approvedall As toeform and content an agreement app • by the City Attorneys the affect of which is to obligate applicant to defend, indemnify and holdPPharmless the City of Newport Beach with yrespect thattto may &riselAimfrom,torsanyawayeber injury related to, the movement of earth and sofil i within the project The Commission determined that the hold harmless agreement would not be inclyded as a condition of approval•for Use Permit No. 1964. Notion was made to approve Use Permit No. 1964 with the findings and conditions as follows, which MOTION CARRIED: ' USE PERMIT NO. 1964 FINDINGS: 1. That the environmental document is complete and has been prepared in compliance with theistateaEnironmental EIRvGuidelines and lCityity APolicY- 4 2. That the contents of the environmental docu- he ment vtcofsthe.red in projectdecisions o 3. That based on the information contained in the Environmental Documents the project incorporates sufficient mitigation measures to reduce the adverse effects of the pro- ject, and that the economic benefits that would accrue to the communityo as demon- strated in the documents together with the mitigatiorre anticipated negative effectsof theproject. -46- t