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HomeMy WebLinkAboutOB 2 ENFORCING CCR'S 06-06-88DATE: JUNE 6, 1988 OLD BUSINESS NO. 2 TO: FROM: S U BJ ECT: WILLIAII HUSTO#, CITY NANAGER CIIRISTIllE SilI#GLETOll, DIRECTOR OF CONgU#ITY DEVELOPIqENT THE ROLE OF TIlE CITY Ill EllFORCIllG CC&R'S In conjunction with a review of major builder subdivision maps in East Tustin, Planning Commission discussion has occurred regarding the role the City should take in enforcing CC&R's. In conjunction with their discussions on the matter, the Planning Commission has reviewed and approved revised standard CC&R provisions to be included as conditions of approval on future subdivisions in the City (see Attachment A). Under the revised language the City would be included as a party to CC&R's for enforcement of only those provisions the City has an interest in. The City would also not be obligated to enforce the CC&R's. Despite the above revision, the Planning Commission has still requested clarification and direction from the City Council on whether the City should play any role in reviewing or enforcing CC&R's. The Commission looks forward to the City Council's discussion on this matter. OC~ie~ttiorneo~h~mglm:nt~y~ ve !opment CAS: per CC~R' S (3) (9) 7.1 Prior to approval of the final map, all organizational documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after their recordation. CCR's shall include but not be limited to the following provisions: Ae The City shall be included as a party to the CCR's for enforcement purposes of those CC&R provisions in which the City has interest, as reflected by the following B through O. However, the City shall not be obligated to enforce the CCR's. B. The requirement that association bylaws be established. Ce Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, recreation areas, pools and spas, private parks, walls and fences, private roadways {i.e., walks, sidewalks, trails) and paseos. Membership in any Homeowner's Association shall be inseparable from ownership in individual lots. Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trelleses, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antennae. Maintenance standards shall be provided for applicable items listed in Section C above in CCR's. Examples of maintenance standards are shown below: (1) All common area landscaping and private lawn areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, free of debris and free of weeds above the level of the lawn. All planted areas other than lawns shall be free of weeds, dead vegetation and debris. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring property and shall be maintained so they do not have droppings or create other nuisances to neighboring property. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. (2) All private roadways, sidewalks and paseo shall be maintained so'that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations and debris on travel ways should be removed or repaired promptly. CC&R' s Page two (Hillside projects) (Condo projects) (Condo pr~iects) (3) Common areas sha]l be maintained in such a manner as to avoid the reasonable determination of a duly authorized offlctal of the City that a public nutsance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair cause harm or is materially detrimental to property values or improvements within the boundaries of the subdivision and Homeowner's Association [to surrounding property, or to property or improvements within three hundred (300) feet of the property may also be added as alternative language.] Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CCR's. Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and lg feet long in any parking, driveway or private street area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowner's Association may adopt rules and regulations to authorize exceptions. (There shall be No parking of any kind on driveways that are between 9 and 15 feet in length). Notification that surrounding properties may be developed in accordance with City ordinances in a manner which may partially or totally obstruct views from the owner(s) unit, and that the City of Tustin makes no claim, warranty or guarantee that views from any unit will be preserved as development of surrounding properties OCCURS. parking spaces shall be permanently and irrevocably assigned to-~-i'~Tvidual condominium units at a rate of parking spaces per dwelling. An additional guest parking spaces shall be established and maintained w~-~'T~the common area and shall be marked and used for guest parking only. Ke Condominium units shall not have separate external television and radio antenneas. Either a central antennae shall be provided with connections to each unit via underground or internal wall wiring, or each unit shall be prewired and served by an underground cable antennae service provided by a company licensed to provide such service within the city. All utility services serving the site shall be installed and maintained underground. CC&Rs Page three Me Oe The Association shall be requtred to ftle the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before January 1st of each year wtth the Ct ty of Tustin Community Development Department for the purpose of contacting the association tn the case of emergency or in those cases where the City has an interest In CC & R violations. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. Perimeter project block walls to be constructed on private property shall be maintained and replaced, if necessary by a homeowner's association. This shall not preclude a homeowner's association from assessing charges to individual property owners for structural damage to the wall or fence. No amendment to alter, modify, terminate or change the homeowner's association's obligation to maintain the common areas and the project perimeter wall (include if the wall is located on private property) or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department.