HomeMy WebLinkAboutSenk Residence (PA2003-091)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
June 19, 2003
TO: PLANNING COMMISSION
FROM: Chandra Slaven, Assistant Planner
(949) 6443210 — cslaven Co)-citv.newport- beach.ca.us
SUBJECT: Appeal of the approval of Modification Permit No. 2003 -038
(PA 2003 -091)
APPLICANT: Alex Villalpando for the property owner Marshall Senk
ISSUE:
On May 14, 2003, the Modifications Committee voted 3-0 to approve Modification
Permit No. 2003 -038. The application requested the construction of a new, single - family
dwelling with an entry trellis structure that would encroach 6 -feet 6- inches into the 15 -foot
front yard setback. Also included in the application was a request to allow a second -floor
planter box to encroach 2 -feet 6- inches into the 15 -foot front yard setback. The property is
located at 207 Evening Canyon Road and is zoned R -1 -B.
The Modifications Committee approved a modified version of the request allowing the
vertical supports to encroach 2 feet and the trellis cover to encroach 4 feet into the
required 15 -foot front yard setback. They also approved the second -floor planter box as
proposed.
Four neighbors presented letters in opposition of the project due to the potential loss in
views created by the proposed trellis encroachment into the front yard. David Rudat, on
behalf of Shore Cliff Home Owners Association (HOA), filed the appeal against the
decision of the Modifications Committee. The appellant has asked for the strict
application of the 15 -foot setback consistent with the Shore Cliff HOA's Covenants,
Conditions and Restrictions (CC &R's) to maintain coastal views.
Hold a public hearing and uphold, modify or reverse the decision of the Modifications
Committee.
Senk Residence (PA2002 -173)
June 19, 2003
Page 2
VICINITY MAP:
DISCUSSION:
The Modification Committee made the required finding that the proposal would not be
detrimental to persons, property, or improvements in the neighborhood and the
modifications as approved would be consistent with the legislative intent of Title 20.
Additionally, the Committee found that the modification is a logical use of the property
and would be precluded by strict application of the zoning requirements for the R -1 -13
District for the following reasons: the proposed encroachments are minor in nature; both
the trellis and planter are limited to the entry of the dwelling and not across the entire
width of the residence as originally proposed; there is an increased setback between
the residence and their neighbors; and the trellis encroachment is limited to open
construction only. As a result, it was the conclusion of the Committee that the proposed
trellis and planter box would pose no harm to the neighborhood properties.
The primary concern expressed by the Shore Cliff HOA is the encroachments into the
front yard setback are not allowed within their CC &R's. According to the CCR's "Use
Senk Residence (PA2002 -173)
June 19, 2003
Page 3
and Architectural Restrictions" chapter pertaining to front yard setbacks, the dwelling
must be located 15 feet from the front property line (see Exhibit 4). However, there is a
provision allowing an exception from the required 15 -foot setback requirement for an
open, uncovered porch or terrace which is connected to a dwelling unit.
In response to the HOA's second concern regarding the protection of neighborhood
view corridors, the Modifications Committee found that the proposed encroachments will
not interfere with the sight distance from any street or driveway and will not affect the
flow of air or light to adjoining residential properties due to the limitation in overall width
of the proposed trellis and second -floor planter box.
The HOA's Board commented that the City should require the HOA's approval of the
project before granting the Modification Permit. However this is not the case, for the City
is not subject to nor does it enforce a community association's CC &R's. CC &R's are a
private agreement between the homeowner and the HOA and have no bearing on the
regulations established within the Municipal Code.
The Planning Department recommends the Planning Commission uphold the
Modification Committee's determination based on the finding that the proposed
encroachments will not be detrimental to the surrounding neighborhood and the
permitted modifications can be found consistent with Title 20. As such, staff
recommends the Planning Commission deny the appeal.
Should the Commission agree with the Shore Cliffs HOA and eliminate the modified
front yard encroachments, the applicant would need to redesign the new residence to
eliminate the encroachments. However, should the Planning Commission approve the
project or a modified version of the project; this would not preclude the Shore Cliffs HOA
from seeking possible remedies in the enforcement of their CC &R's.
Environmental Review:
The project qualifies for a Class 3 (New Construction or Conversion of Small Structures)
exemption from the California Environmental Quality Act as it is the new construction of
a single dwelling unit where there are no significant environmental resources present
that would potentially be impacted. Additionally, the project qualifies for Class 5 (Minor
Alterations in Land Use Limitations) exception from the California Environmental Quality
Act as the requested Modification Permit is a minor deviation from the City's Zoning
Code that does not result in a change in land use or density.
Public Notice:
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
100 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing.
Senk Residence (PA2002 -173)
June 19, 2003
Page 4
Alternatives:
The Planning Commission has the option to uphold the decision of the Modifications
Committee to approve the modified project as described above.
2. The Commission has the option of modifying the project in relation to the width and
length of both the proposed trellis and second -floor planter box to altered
dimensions.
3. The Commission has the option to reverse the decision of the Modifications
Committee concerning the proposed project for the reason that the required finding
for Modification Permits can not be made.
Prepared by:
Chandra S aven, Assistan �
Exhibits:
Submitted by:
Patricia L. Temple, PI nning Director
1. Approval letter for MD2003 -038
2. Original Plans
3. Revised Site & Floor Plans as approved by the Modifications Committee
4. Article VI, Chapter 6, "Use and Architectural Restrictions," from the Convents,
Conditions and Restrictions for the Shore Cliff Home Owner's Association
4
EXHIBIT 1
APPROVAL LETTER FOR MD2003 -038
May 14, 2003
CITY OF NEWPORT BEACH
PLANNING DE.PARThIEINT
3300 NEWPORT BOU13VARD
NEWPORT BEACH, CA 92658
(949) 6443200, FAX (949) 644 -3229
Alex Villalpando, C.J. Light Assoc.
1401 Quail Street, Suite 120
Newport Beach, CA 92660
MODIFICATION PERMIT NO. MD2003 -038
(PA2003 -091)
Staff Person: Javier S. Garcia, 644 -3206
Appeal Period: 14 days after approval date
Application No: Modification Permit No. MD2003-038
(PA2003 -091)
Applicant: Alex Villalpando, C.J. Light Assoc.
Address of
Property Involved: 207 Evening Canyon Road
Legal Description: Lot 123, Tract 1116
Request as Modifled and Approved:
Request approved to allow the construction of a new, single - family dwelling with an entry trellis
structure that will encroach 4 feet 6 feet es into the 15 -foot front yard setback. The
Committee approved only the entry porch element to encroach into the front yard setback. The
vertical supports are limited to encroachment of 2 feet and the trellis cover to encroach 4 feet into
the 15 -foot front yard setback. All other trellis structures as proposed are required to maintain the
minimum front vard setback or comply with the permitted allowance of 2 -feet 6- inches for roof
overhangs. Also approved in the application is a request to allow a second floor planter box to
encroach 2 -feet 6- inches into the 15 -foot front yard setback.
Original Request:
Request approved to allow the construction of a new, single-family dwelling with an entry trellis
structure that will encroach 6 feet 6- inches into the 15 foot front yard setback Also included in the
application is a request to allow a second floor planter box to encroach 2 feet 6- inches into the 15-
foot front yard setback The property is located in the R -1 -B District.
The Modifications Committee, on May 14, 2003, voted 3 ayes and 0 noes to approve the
application request as modified based on the following findings and subject to the following
conditions.
l`N
May 14, 2003
Page - 2
The Modifications Committee determined in this case that the proposal would not be detrimental to
persons, property or improvements in the neighborhood and that the modification as approved
would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code,
and made the following findings:
FINDINGS:
L The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan
designate the site for "Single - Family Detached" residential use. The proposed residential
structure and its appurtenances are consistent with this designation.
2. This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 3 (New
Construction or Conversion of Small Structures.)
3. The modification to the Zoning Code as proposed would be consistent with the legislative
intent of Title 20 of the Newport Beach Municipal Code and is a logical use of the property
that would be precluded by strict application of the zoning requirements for this District
for the following reasons:
The proposed encroachments into the 15 -foot required front yard setback are
minor in nature.
The proposed trellis and planter are located at the entry to the dwelling and not
across the entire width of the residence as originally proposed.
The proposed trellis encroachment is limited to open construction only.
4. The modification to the Zoning Code as proposed will not be detrimental to persons,
property or improvements in the neighborhood or increase any detrimental effect of the
existing use for the following reasons:
The proposed trellis upright supports will encroach only 2 feet and the entry
structure will encroach 4 feet into the required 15 -foot front yard setback.
The proposed encroachments will not interfere with the sight distance from any
street or driveway.
5. The proposed encroachments will not affect the flow of air or light to adjoining
residential properties because:
• They are located at the street side of the lot.
• There is at least 12 feet between residential structures.
• They are limited in overall width and not permitted to extend across the entire
width of the property.
6. The proposed encroachments will not obstruct public views from adjacent public
roadways or parks because:
i
May 14, 2003
Page - 3
There are no public views through or across the subject property that are affected
by the proposed project.
CONDITIONS:
1. The development shall be in substantial conformance with the approved plot plan, floor
plans and elevations, except as noted in the following conditions.
2. Anything not specifically approved by this Modification Permit is not permitted and must
be addressed in a separate and subsequent Modification Permit review.
3. The vertical supports for the trellis shall encroach no more than 2 feet into the required
15 -foot front yard setback.
4. The horizontal elements of the trellis structure shall encroach no more than 4 feet into the
required 15 -foot front yard setback. The width of the trellis structure shall be limited to
24 feet as depicted on the approved plans.
The second -floor planter box over the entry shall encroach no more than 2 -feet 6- inches
into the required 15 -foot front yard setback. The width of the planter shall be limited to
16 feet as depicted on the revised plans submitted for the Modification Permit.
6. This approval was based on the particulars of the individual case and does not in and of
itself or in combination with other approvals in the vicinity or Citywide, constitute a
precedent for future approvals or decisions.
7. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code
or other applicable section or chapter, additional street trees shall be provided and
existing street trees shall be protected in place during construction of the subject project,
unless otherwise approved by the General Services Department and the Public Works
Department through an encroachment permit or agreement if required.
8. A building permit shall be obtained prior to commencement of the construction.
9. All work performed within the public right -of -way shall be reviewed and approved by the
Public Works Department under an encroachment permit/agreement if required.
10. This approval shall expire unless exercised within 24 months from the date of approval as
specified in Section 20.93.055 of the Newport Beach Municipal Code, unless an extension
is approved prior to the expiration date of this approval, in accordance with Section
20.93.055 (B) of the Newport Beach Municipal Code.
The decision of the Committee may be appealed to the Planning Commission within 14 days of the
date of the decision. A filing fee of $875.00 shall accompany any appeal filed. No building permits
may be issued until the appeal period has expired. A copy of the approval letter shall be
May 14, 2003
Page - 4
incorporated into the Building Department set of plans prior to issuance of the building permits or
issuance of revised plans.
MODIFICATIONS COMMITTEE
L-0
Javier S. Garcia, AICP, Senior Planner
Chairperson
JSG:mem
F:IUSERSIPLN\Shared\PAVPAs - 20031PA2003 -09I MD2003 -038 appr.doc
Attachments: Vicinity Map
Appeared
in Opposition: Carol Rudat, 254 Evening Canyon Drive
Appeared
in Support: None
Letters
in Opposition: Carol Rudat, 254 Evening Canyon Drive
Shore Cliffs HOA Board of Directors
Shore Cliffs Property Owners Association
The Emmons Company
Letters
in Support: None
cc: property owner
Marshall and Amy Senk
2215 Waterfront Drive
Corona del Mar, CA 92625
0
I *,�__ : 1
REVISED SITE AND FLOOR PLANS AS APPROVED BY
THE MODIFICATIONS COMMITTEE
\1
I W Ua "K,
ARTICLE VI, CHAPTER 6 FROM CC &R'S
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ARTICLE VI
6. Use and Architectural Restrictions.
All real property within the Properties shall be held, used and enjoyed subject to the following
limitations and restrictions.
6.1 Single Famil�! Residence.
Each Lot shall be used for residential purposes exclusively. No buildings or 'structures other than
one (1) private one - Family Dwelling Unit not to exceed two (2) stores in height, together with the
customary outbuildings, including a private garage which may be incorporated in and made apart of
the Dwelling Unit building, may be erected, maintained or permitted on any.Lot. No structure,
dwelling, servants' quarters, building or outbuildings, permanent or temporary (collectively,
"Outbuildings. ") may be erected, maintained or permitted on any Lot and used for any purpose
whatsoever prior to the erection and completion of the main Dwelling Unit thereon. Such
Outbuildings may be used only and exclusively by the Family residing in the Dwelling Unit on the
Lot and by persons employed as domestic servants by or who are temporary non - paying guests of
said Family. No tent may be,erected and no trailer or tent may be used or occupied for residence
purposes or any other purpose on a Lot. All buildings erected, maintained or permitted in the
Properties must be constructed of new material. No building or other structure erected elsewhere
may be moved or permitted to be moved onto the Properties without the written perrnission of the
Architectural Committee.
6.2 Height limitations.
Except as otherwise defined below in this Section 6.2, no Dwelling Unit may exceed a height of
twenty -four feet (24') to the highest ridge of the Dwelling Unit above the finished grade of the Lot
and as may be further defined in the Architectural Guidelines. No Dwelling Unit or other structure
erected on Lots 29 to 36, inclusive, may be more than one (1) story in height, and the highestridge or
point thereon may not be over fifteen feet (15') above the finished grade level at that point of such.
Lot. No Dwelling Unit on Lots 139 to 142, inclusive, may have the highest ridge of the Dwelling
Unit more than twenty -four feet (24') above the finished grade level at that point of such Lot. The
highest ridge or point of any Dwelling Unit or other structure erected on Lots 122 to 129, inclusive,
may not be more than fifteen feet (15) above the average elevation of the closest curb along the front
of said Dwelling Unit. This Section 6.2 shall apply prospectively only from the effective date of this
Second Amended and Restated Declaration.
No outbuilding or garage may be (a) more than one (1) story in height if appurtenant*to a one -story
Dwelling Unit or (b) more than two (2) stories in height if appurtenant to a two -story Dwelling Unit.
Garages appurtenant to Dwelling Units must conform generally in architectural design and exterior
materials and finish to the Dwelling Units to which they are appurtenant.
(�3
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Second Amended And Restated Declaration Concerning Restrictions And Improvements For Shore CUM •�
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6.3 Front Yard Setbacks.
No Dwelling Unit or other structure (other than walls and fences) or any part thereof other than (a)
the eaves of a Dwelling Unit extending no further than thirty -six inches (36 ") beyond the setback line
established in this Section, or (b) an open, uncovered porch or terrace (including any descending
steps and buttresses on the sides of such steps) which (i) is connected to a Dwelling Unit, (ii) has no
front or side enclosing or partially enclosing members, glass or otherwise, (iii) has a floorno higher
than the level of the first floor of the Dwelling Unit, may be erected, maintained, located orpermitted
in the front yard setback areas described below.
Lots
Front Yard Setback
1 to 11, inclusive, 14, 15, 22 to 36, inclusive, 25 feet from front property line, measured at
50 to 74, inclusive, and 103 to 121, inclusive closest point to said line
75 to 95,.inclusive, 98 to 102, inclusive, 122 to 15 feet from front property line, measured at
127, inclusive, 131, 132, 136, 137 and 138 closest point to said line
12, 13, 48, 49, 96 and 97
16 to 21, inclusive, and 37 to 47; inclusive
128 , 129, 130, 133, 134 and 135
20 feet from front property line, measured at
closest point to said line
30 feet from front property line, measured at
closest point to said line
25 feet from front curb line, measured at closest
point to said curb line in front of said Lots
6.4 Side Yard Setbacks.
No Dwelling Unit, porte cochere, portico or other structure (other than walls and fences) or any part
thereof other than the eaves, steps, roof overhang or chimney of a Dwelling Unit extending no
further than twenty -four inches (24 ") beyond the setback line established in this Section may be
erected, maintained, located or permitted in the side yard setback areas described below.
Lots Side Yard Setback
1 to 142, inclusive 5 feet from any side Lot line (of, for corner
Lots, 15 feet from any side stret Lot line,
except that Lots 13 and 49 have a 20 foot side
street Lot line setback)
6.5 Detached Garage Setbacks.
Garages which are not attached to or an integral part of a Dwelling Unit located on the Lots
described below must be erected and maintained in the corresponding setback areas described below.
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Second Amended And Restated Declaradon Conceming Restricdons And Improvements For Shore Cliffs
03/15/00
V., .', .
i
Lots
Front Yard Setback
3 to 11, inclusive, 15 to 27, inclusive, 29 to 46, 80 feet from front property line, measured at
inclusive, and 50 to 74, inclusive closest point to said line
1, 2, 28, 47 and 48
12, 14 and 94 to 98, inclusive
13 and 49
Lots
I to 74, inclusive, and 95 to 98, inclusive
70 feet from front property line, measured at
closest point to said line
60 feet from front property line, measured at
closest point to said line
in a manner meeting Architectural Committee
approval
Side Yard Setback
3 feet from side Lot line (comer Lots must be
set back at least 20 feet from side street Lot
line unless otherwise approved by the
Architectural Committee)
6.6 Dwelling, Unit Orientation.
Dwelling Units erected, maintained, located or permitted on the Lots listed in this Section must face
the direction set forth below.
Lots
Must Face
Ito 12, inclusive, and 75 to 95, inclusive and 142 Morning Canyon Road
14, 15, 48 and 96 to 122, inclusive
50 to 74, inclusive, and 123 to 141, inclusive
16 to 47, inclusive.
13 and 49
Shore Cliff Road
Evening Canyon Road
Driftwood Road
in a manner meeting Architectural Committee
approval
6.7 Attached Garages.
Garages erected on Lots 75 to 94, inclusive, and Lots 99 to 142, inclusive, must be attached to.and be
an integral part of the Dwelling Unit erected on each such Lot unless otherwise approved in writing
by the Architectural Committee. The interior walls and ceiling of each garage (a) which is attached
to and is an integral part of the Dwelling Unit located on the Lot and (b) the doors of which face to
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Second Amended And Restated Declaration Concerning Restrictions And Improven=ts For Shore Cliffs
93175/00
\5
l the street in front of the Lot, must be plastered or finished in some other manner approved by the
Architectural Committee.
6.8 Rear Setbacks.
The Architectural Committee shall establish rear yard setbacks for each of Lots 75 to 94, inclusive,
and 99 to 138, inclusive, based upon the location of the original structure and a string -line concept.
After such rear yard setback has been established, no Dwelling Unit or other Improvement may be
placed, erected or maintained in the setback area unless approved in writing by the Architectural
Committee. The Committee may prescribe the height of any Dwelling Unit or other Improvement it
permits to be erected or maintained in the setback area.
6.9 Walls. Fences and Hedges.
(a) Condition. Each Owner shall maintain the walls, fences and hedges located
on such Owner's Lot in good condition.
(b) Location and Height.
(i) No wall, fence or hedge may be erected, maintained or planted
between the front property line and the front yard setback line
established in this Article VI at a height greater than three feet (3)
( above the finished graded surface of the ground upon which the wall,
' fence or hedge is located, without the written approval of the
Architectural Committee.
(ii) No wall, fence or hedge may be erected, maintained or planted
on any of Lots 1 to 74, inclusive, behind the front yard setback line
established for such Lot in this Article X at a height greater than five
feet six inches (5'6 ") above the finished graded surface of the ground
upon which the wall, hedge is located.
(iii) No wall, fence or hedgemay be erected, maintained or planted
on any of Lots 75 to 94, inclusive, and 99 to 138, inclusive, between
the front yard setback line established for such Lot in this Article VI
and the rear approved setback line at a height greater than five feet six
inches (5'6 ") above the finished graded surface of the ground upon"
which the wall, fence or hedge is located.
(iv) In order to prevent obstruction of ocean views, no wall, fence
or hedge may be erected, maintained or planted on any of Lots 75 to
94, inclusive, and 99 to 138, inclusive, between the rear Lot line and
the rear approved setback line, without the written approval of the
Architectural Committee. The Architectural Committee may
establish maximum heights for any wall, fence or hedge it authorizes
under this Section 6.9(b)(iv).
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Second Amended And Restated Declaration Concerning Restrictions And Improvements For Share Cliffs
03/15/00 �j„
�r d
6.10 Uncertain Setbacks..
If there is uncertainty regarding the front, side or rear yard setbacks established herein, the
Architectural Committee shall determine such front, side orrearsetbacks (unless such setbacks have
been established herein or in the contracts and deeds of "Declarant" (as defined in the Original
Declaration described in Paragraph A of the preamble of this Declaration)).
6.11 Completion of Construction.
Construction of Improvements in the Properties must be prosecuted to completion with reasonable
diligence in accordance with plans and specifications approved by the Architectural Committee as
provided herein. No Dwelling Unit maybe occupied unless it complies with the provisions of this
Declaration.
6.12 Drilling and Mineral Exploration.
No oil or gas well may be drilled in the Properties. No derrick machinery or appliance for such
drilling or for exploring or exploiting the. Properties or any Lot therein for oil, gas or hydrocarbon
substances may be built, erected, constructed or maintained in the Properties. No mineral orother
excavations may be made on any Lot unless such excavation is necessary for the execution of an
approved Improvement thereon.
6.13 Animals.
No stable, poultry house or yard, pigeon loft or house, beehive, rabbit hutch or house, kennel or
aviary may be erected, constructed or maintained on any Lot. No horses, cattle, hogs, cows, goats,
sheep, rabbits, other animals, pigs, pheasants, game birds, game or other birds, fowl or poultry may
be raised, kept or permitted upon anylot or portion thereof, other than dogs and cats so long as they
are not kept, bred or raised for commercial purposes or in unreasonable numbers. Notwithstanding
the foregoing, up to four (4) birds and four (4) rabbits may be maintained on a Lot as pets. This
Section may not be construed to prohibit ordinary household pets so long as such pets do not
constitute an annoyance or nuisance to neighbors.
6:14 Commercial Activities.
No trade, business or profession of any sort may be conducted on any Lot, except that any trade,
business or profession which can be contained entirely within the walls of the residence, andpresents
no visible evidence of such activity is allowed. No Lot may be used for commercial storage of
material or property of any kind. Nothing may be done on any Lot that may be or become an
annoyance or nuisance to the neighborhood. No machinery, appliance or structure r'nay be placed,
operated or maintained on any Lot except as may be usual and customary in connection with the
maintenance of a Dwelling Unit.
6.15 Siens•
No sign may be placed or maintained on any Lot prior to the erection of a Dwelling Unit thereon
without the prior written consent of the Architectural Committee. No sign may be placed or
maintained on any Lot after the erection of a Dwelling Unit thereon without the prior written consent
of the Architectural Committee other than ordinary "For Sale," "For Rent," "Notice of Hearing" or
"Open House" signs no larger than four (4) square feet in area.
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Second Amended And Restated Declacatian Concurring Restrictions And Improvements For Shore Cliffs
03/15/80
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6.16 View Obstructions.
No landscaping or other Improvement which, in the Architectural Committee's opinion, is of such
size, height or nature as to unreasonably impede or detract from the ocean view from any adjacent,
nearby or adjoining Lot is permitted or allowed on any Lot, with the exception that as to Dwelling
Units, compliance with the height limitations set forth in Section 6.2 hereof shall be deemed not to
unreasonably impede or detract from the ocean view from any other Lot. The Architectural
Committee may require an Owner to remove or trim any landscaping improvement which is
permitted to grow to such a size, height or nature that the Architectural Committee determines
unreasonably impedes or detracts from the ocean view from any adjacent, nearby or adjoining Lot. If
such an Owner refuses or fails to perform any removal or trimming within thirty (30) days of receipt
of a request to do so from the Architectural Committee, then the Association or any Owner may seek
remedies at law or equity that may be available.
6.17 Underground Utilities.
All electric, power and telephone lines, wiring and conduits must be located underground.
6.18 Adjoining Lot Use.
No Lot or portion thereof may be used in conjunction with any land adjoining such Lot to the rear
without the prior written consent of the Architectural Committee.
6.19 Parking.
The following vehicles are Prohibited Vehicles: (i) recreational vehicles (e.g., motorhomes, travel
trailers, camper vans, boats, etc.), (ii) commercial -type vehicles (e.g., stakebed trucks, tank trucks,
dump trucks, step vans, concrete trucks, etc.), (iii) buses or vans designed to accommodate more than
ten (10) people, (iv) vehicles having more than two (2) axles, (v) wailers, inoperable vehicles or parts
of vehicles, (vi) aircraft, other similar vehicles or any vehicle or vehicular equipment deemed a
nuisance by the Board. Prohibited Vehicles may not be parked, stored or kept on any public or
private street or driveway within, adjacent to or visible from the Properties except for brief periods
for loading, unloading, making deliveries or emergency repairs.
ARTICLE VII
7. Damage and Condemnation.
Damage to or destruction of all or any portion of the Association Owned Real and Personal Property
and Easements, as defined herein, and condemnation of all or any portion of the Association Owned
Real and Personal Property and Easements, as defined herein, not located on an Owner's Lot shall be
handled in the following manner.
(a) If the Association Owned Real and Personal Property and Easements, as defined
herein, is damaged or destroyed, the Association shall seek to cause the Association
Owned Real and Personal Property and Easements, as defined herein, to be repaired and
reconstructed substantially as it previously existed.
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second Amended And Restated Declaration Coaceming Restictions And Improvements For Shore Cliffs
03/15/00
(b) If the cost of effecting total restoration of the Association Owned Real and Persona]
Property and Easements, as defined herein, exceeds the amount of insurance proceeds,
the Association shall cause the Association Owned Real and Personal Property and
Easements, as defined herein, to be repaired and reconstructed substantially as it
previously existed, and the difference between the insurance proceeds and the actual cost
shall be levied as a cost against the Lots and their respective Owners.
(c) Each Owner is liable to the Association for any damage to the Association Owned
Real and Personal Property and Easements, as defined herein, not fully reimbursed to the
Association by insurance proceeds (including without limitation any deductible amounts
under any insurance policies against which the Association files a claim for such damage)
which may be sustained due to the negligence or willful misconduct of said Owner or the
persons deriving their right and easement of use and enjoyment of the Association
Owned Real and Personal Property and Easements, as defined herein, from said Owner,
or of his respective Family and guests. The Association may, after Notice and Hearing,
(i) determine whether any claim shall be made upon the insurance maintained by the
Association and (ii) levy against such Owner a Cost equal to any deductible paid and the
increase, if any, in the insurance premium directly attributable to the damage caused by
such Owner or the persons for whom such Owner may be liable as described herein. If a
Lot is jointly owned, the liability of its Owners is joint and several, except to the extent
that the Association has previously contracted in writing with such joint Owners to the
contrary. After Notice and Hearing, the cost of correcting such damage, to the extent not
reimbursed to the Association by insurance, shall be a cost against such Owner.
(d) If all or any portion of the Association Owned Real and Personal Property and
Easements, as defined herein, not located on an Owner's Lot is taken for any public or
quasi- public use, under any statute, by right of eminent domain or by private purchase in
lieu of eminent domain, the award in condemnation shall be paid to the Association and
deposited in the Operating Fund. No Owner may participate as a party, or otherwise, in
any proceedings relating to such condemnation.
ARTICLE VIII
S. Insurance.
8.1 Casualty Insurance.
The Board shall seek to obtain and maintain fire and casualty insurance with extended coverage for
loss or damage to all insurable Improvements and fixtures originally installed or installed by the
Association on the Association Owned Real and Personal Property and Easements, as defined herein,
for the full insurance replacement cost thereof without deduction for depreciation or coinsurance, and
may obtain insurance against such other hazards and casualties as the Association may deem
desirable. The Association may also insure any other real or personal property it owns against loss or
damage by fire and such other hazards as the Association may deem desirable, with the Association
as the owner and beneficiary of such insurance. The policies insuring the Association Owned Real
and Personal Property and Easements, as defined herein, must be written in the name of, and the
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Second Amended And Restated Declaration Concerning Restrictions And improvements For Shore Cliffs
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