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Home My WebLink AboutAGENDA REPORT 2019 0116 REG CCSA ITEM 08A Item: 8.A. A. Consider a Resolution Approving Vesting Tentative Tract Map (VTTM) No. 5437 and a One-Year Extension of Residential Planned Development (RPD) Permit No. 2004-05 for 21 Homes on Residential Lots and 1 Open Space Lot on Approximately 42.4 Acres on the East Side of Walnut Canyon Road at Championship Drive, on the Application of Birdsall Group, LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. 2019-3779 conditionally re- approving Vesting Tentative Tract Map No. 5437 and a one year extension to Residential Planned Development Permit No. 2004-05. CITY OF MOORPARK, CALIFORNIA City Council Meeting of 1.16.2019 ACTION Approved staff recommendation. Adopted Reso. No. 2019-3779 BY M. Benson MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Joseph Fiss, Acting Community Development Director DATE: 01/16/2019 Regular Meeting SUBJECT: Consider a Resolution Approving Vesting Tentative Tract Map (VTTM) No. 5437 and a One-Year Extension of Residential Planned Development (RPD) Permit No. 2004-05 for 21 Homes on Residential Lots and 1 Open Space Lot on Approximately 42.4 Acres on the East Side of Walnut Canyon Road at Championship Drive, on the Application of Birdsall Group, LLC SUMMARY On January 16, 2018, an application was submitted by Birdsall Group, LLC (Scott Birdsall) for Vesting Tentative Tract Map No. 5437 for 21 residential lots and 1 open space lot on approximately 42.4 acres on the east side of Walnut Canyon Road at Championship Drive. This map was previously approved on May 17, 2006 under Resolution 2006-2463 but has since expired. The applicant has resubmitted the exact same map, with the same map number, as was previously approved. The approval was in conjunction with a Residential Planned Development Permit (RPD), Zone Change, General Plan Amendment, and Development Agreement. On August 28, 2018, the Planning Commission opened the public hearing and, due to the concerns of adjacent residents, continued the meeting with the public hearing open to the meeting of November 27, 2018. At that hearing, the Planning Commission considered the presentation, the application, and public comments, and adopted a resolution recommending to the City Council denial of the application. The applicant has continued working with the adjacent Homeowner’s Association, City Attorney, and staff to resolve outstanding concerns regarding alternative construction access and ongoing access. BACKGROUND Due to market conditions and developer issues, development of this project was delayed. Development Agreement 2006-01 remains in effect until June 21, 2026 and RPD 2004-05 (approving architecture) was renewed by a modification to the RPD on Item: 8.A. 1 Honorable City Council 01/16/2019 Regular Meeting Page 2 March 4, 2015, remaining in effect until March 4, 2018 (3 years from the date of the adoption of Resolution No. 2015-3368). Two additional one-year extensions were proposed to be permitted at the Community Development Director’s discretion upon finding progress on project implementation. The applicant has requested the first one- year extension of the RPD concurrently with this application. Normally, an extension of an RPD would be considered solely by the Community Development Director. However, the Zoning code states if more than one discretionary permit or exception application is required for a proposed use, the Director may require all applications for the proposed use, processed, considered, and decided concurrently through the most thorough decision-making process and by the highest decision-making authority of the permits and/or exceptions requested. In this case, it is appropriate for the Planning Commission and City Council to consider the VTTM and RPD extension together, since they are so closely tied. DISCUSSION The primary access for this project was originally designed to take access through the adjacent tract 5045-8, commonly known as The Pinnacle (Toll). The Pinnacle project was approved as part of the Moorpark Highlands Specific Plan. Both projects were originally entitled around the same time. In October of 2004, the subdivision map for The Pinnacle project was approved, including an easement for the benefit of this project. This easement was shown on the recorded map for Tract 5045-8 as an easement to Birdsall deferred to a separate instrument (Attachment 3). The easement is described in the Easement Notes on Page 9 and is denoted as [D] on Lot 11 and a corner of Lot 10 on Page 12. In April of 2005, Resolution No. 2005-2306 (Attachment 4) was adopted by the City Council, approving the RPD for the Pinnacle. Condition of approval No. 10 required the provision of a vehicular access easement to the adjacent property to the west, allowing allowed vehicular access through the private street system of the Pinnacle. The Pinnacle Covenants, Conditions, and Restrictions, were adopted by Toll in August of 2010 (Attachment 5). Sections 2.19.10, 2.21, and 3.4.11 of this document address the aforementioned easements and agreement. Toll subsequently prepared an access and maintenance agreement (Attachment 6), signed by representatives of Toll, A. Dee Wayne Jones for Canyon Crest Partners (owners prior to Birdsall Group LLC), and by the owner of lot 10 in June and July of 2013. This document was not signed by the owner of lot 11 and was never recorded. However, in July of 2018, the owner of lot 11 signed a separate easement instrument granting access to Birdsall and that easement was recorded. 2 Honorable City Council 01/16/2019 Regular Meeting Page 3 Following the August 2018 Planning Commission meeting, staff proposed two new conditions to address the concerns of existing residents and to ensure future residents have access to their homes in accordance with the project design. These new conditions are numbered 41 and 42 in the attached draft resolution (Exhibit 9). If it is later determined that the subdivision does not have access through Pinnacle, the map would have to be redesigned prior to Final Map approval to ensure access can be provided. There have been no changes in site conditions since the project and VTTM were originally approved. No new analysis is necessary, although some modifications to the conditions of approval are proposed. When this project was originally approved, the City had not yet adopted Resolution No. 2009-2700 which approved the use of standard conditions of approval for development projects. The proposed draft resolution adds several special conditions of approval by reiterating those original conditions specific to this project, and at the same time adopting, by reference, the standard conditions of approval. When the project was originally approved, secondary access was allowed to be maintained and secured for emergency use only. This was typically done by use of what is referred to as a Knox Box, which allows only emergency responders to use such access. Due to lessons learned in recent incidents, the Fire Department has moved away from allowing emergency only access and now requires secondary access to be easily useable at all times. This allows for safe entry and exit of residents and emergency responders in the event the main access is unusable. Signs may be installed indicating the purpose of the access is for emergency use only. Special conditions No. 4, 17, and 18 in the draft resolution have been modified to reflect this requirement as follows: 4. The existing driveway off of Walnut Canyon Road shall be used solely for emergency access and shall have a decorative driveway entry and electric gate constructed and installed to the satisfaction of the Community Development Director and Fire Department that only opens out to Walnut Canyon Road. A plan for the design and operation of the gate shall be submitted for review and approval of the Community Development Director and Fire Department and shall be constructed prior to the issuance of any residential building permits. 17. The existing driveway at the westerly portion of property off of Walnut Canyon Road shall be for the sole purpose of emergency access only, subject to the review and approval of the Fire Department. 18. The existing driveway to be used as emergency access only, shall have a decorative driveway entry and electric gate constructed, with the driveway entry and gate designed and located subject to the review and approval of the Community Development Director and Fire Department, and equipped with fire 3 Honorable City Council 01/16/2019 Regular Meeting Page 4 department approved locks, which shall be installed westerly of the proposed fire department turnaround. Further, Condition No. 10, regarding a conservation easement over the areas shown as open space has been revised and clarified to indicate the easement must be consistent with California Civil Code Section 815 et seq. and shown and dedicated on the recorded final map to the satisfaction of the City Engineer and Community Development Director, as follows: 10. Concurrent with the recordation of the Final Map, a Conservation Easement to the City of Moorpark shall be granted to the satisfaction of the City Engineer and Community Development Director and pursuant to California Civil Code Section 815 et seq. over all areas shown as open space on the Tentative Tract Map No. 5437 project to preserve the natural, scenic and open space character of the property in an undeveloped condition. The Conservation Easement shall run with the property and be binding upon grantors and their successors and assigns. All development rights shall be dedicated to the City of Moorpark and no agriculture, extraction of subsurface mineral resources, excavation, drilling, pumping, mining, or similar activity shall be allowed in any portion of the Conservation Easement. The Conservation Easement shall be recorded on the Final Map to the satisfaction of the City Engineer and Community Development Director. In addition, several conditions of approval from the original standard conditions have been brought into the special conditions of approval and a few new conditions of approval have been added, consistent with conditions of approval from recently approved projects. These are reflected in Special Conditions of Approval 26 to 39. Conditions of approval specific to the RPD are proposed to remain unchanged, as the second part of this request is merely an extension of time to the approved RPD and no modifications are proposed. With respect to access through the Pinnacle project, two new conditions of approval are proposed as follows: 41. “Prior to filing the final map with the City Engineer, the applicant shall provide satisfactory evidence to the Community Development Director that Tract 5437 has permanent, non-construction access rights through Tract 5045-8’s (Pinnacle) private streets and gates and that an enforceable cost-sharing agreement is in place to compensate Tract 5045-8 for the proportional burden of Tract 5437’s use of such private streets and gates. Satisfactory evidence means either written confirmation from the Pinnacle Homeowners Association or a declaratory judgment or other court order.” 4 Honorable City Council 01/16/2019 Regular Meeting Page 5 42. Prior to filing with the City Engineer a final map for the project, the applicant shall provide the City with a construction management plan that states that private streets in Tract 5045-8 (Pinnacle) shall not be used for construction vehicles and construction traffic during the grading of lots and construction of homes and other public and private improvements in the project. The plan shall also provide measures to minimize noise and dust impacts to properties in Tract 5045-8 (Pinnacle). Such plan shall be subject to review and approval of the Community Development Director and City Engineer/Public Works Director. In addition, the project applicant shall submit to the City an irrevocable license agreement, temporary construction easement, or other instrument ensuring ongoing construction access until construction of the entire project is complete from one or more access points not from Tract 5045-8 (Pinnacle). The applicant has obtained tentative approval from the adjacent property owner to the north for all construction access and prepared a draft construction management plan (CC Attachment 9). Findings The following findings are offered pursuant to the requirements of the Subdivision Map Act: A. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance as amended by General Plan Amendment No. 2004-03 and Zone Change No. 2004-02 to allow for a Residential Planned Development at a density up to one (1) unit per acre. B. The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan as amended by General Plan Amendment No. 2004-03 and Zone Change No. 2004-03 for a Residential Planned Development to allow for a density up to one (1) unit per acre. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The site is physically suitable for the proposed density of development of one (1) unit per acre, in that all City Development standards would be met by the proposed project as conditioned while preserving 19.63 acres of the project site as open space. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure 5 Honorable City Council 01/16/2019 Regular Meeting Page 6 fish or wildlife or their habitat, in that all potential impacts would be mitigated through project design or conditions of approval including restoration of a 2.2 acre area of Coastal Sage Scrub habitat. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that reciprocal access easements for improvements between Tract 5045 (Pardee) to the east and the site have been identified and incorporated in the design of this project. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that it is located on a hilly site at elevations between 770 and 900 feet, away from any public waterways. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: June 21, 2018 Planning Commission Action Deadline: Not Applicable City Council Action Deadline: September 20, 2018 Upon agreement by the City and Applicant, one 90-day extension can be granted to the date action must be taken on the application. The applicant originally agreed to an extension to December 19, 2018. 6 Honorable City Council 01/16/2019 Regular Meeting Page 7 The applicant and City Attorney have reviewed the applicant’s original extension request, CEQA, and Permit Streamlining Requirements and agreed an extension to January 21, 2019 is appropriate. ENVIRONMENTAL DETERMINATION The Community Development Director has determined this project is consistent with the Mitigated Negative Declaration adopted for the original project, in that there are no substantial changes to the project which will require revisions to the previously adopted Mitigated Negative Declaration, there are no changes to the circumstances under which the project is undertaken that would require revisions to the previously adopted Mitigated Negative Declaration, and there is no new information of substantial importance that shows that the project would have one or more significant effects not discussed in the previously adopted Mitigated Negative Declaration, or that significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration and that no additional environmental review is required. NOTICING Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning Ordinance as follows: 1. Publication. The notice of the public hearing was published in the Ventura County Star on January 6, 2019. 2. Mailing. The notice of the public hearing was mailed on January 4, 2019, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one-thousand (1,000) feet of the exterior boundaries of the assessor’s parcel(s) subject to the hearing. 3. Sign. One 32 square foot sign was placed on the street frontage prior to January 4, 2019. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. 2019-____ conditionally re-approving Vesting Tentative Tract Map No. 5437 and a one-year extension to Residential Planned Development Permit 2004-05. 7 Honorable City Council 01/16/2019 Regular Meeting Page 8 ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Page 9 and 12 of Tract Map 5045-8 4. Resolution No. 2005-2306 (Planning Areas 5,8,9) 5. Pinnacle Covenants, Conditions, and Restrictions Rev 08-24-10 6. Access and Maintenance Agreement 7. Project Exhibits A. VTTM 5437 B. RPD No. 2004-05 Floor Plans and Elevations 8. Draft Construction Management Plan 9. Draft Resolution Approving VTTM No. 5437 and a one year extension to Residential Planned Development 2004-05 8 CC ATTACHMENT 19 CC ATTACHMENT 210 11 12 RESOLUTION NO. 2005-2306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMIT NOS. 2004-01, 2004-02 AND 2004-03 FOR CONSTRUCTION OF A TOTAL OF 132 SINGLE-FAMILY, DETACHED DWELLING UNITS AND 102 MULTIPLE FAMILY DWELLING UNITS WITHIN SPECIFIC PLAN AREA NO. 2, LOCATED APPROXIMATELY ONE-HALF MILE NORTH OF THE NORTHERLY TERMINUS OF SPRING ROAD AND THREE-FOURTHS OF ONE MILE EAST OF WALNUT CANYON ROAD, ON THE APPLICATION OF PARDEE HOMES. (ASSESSOR PARCEL NUMBERS: PORTIONS OF 500-0-270- 07, 500-0-270 08, 500-0-270-19, 500-0-270 0, 500-0-240-03, 500 0-240-04, 500-0-240-22, 500-0- 240 23) WHEREAS, on January 4, 2005, the Planning Commission adopted Resolution No. PC-2005-468, recommending approval to the City Council of Residential Planned Development Permit No. 2004- 02 for the construction of 37 single-family, detached dwelling units on 28.4 acres within Planning Area 8 of Specific Plan Area No. 2 and Residential Planned Development Permit No. 2004-03 for the construction of 95 single-family, detached dwelling units on 92.4 acres within Planning Area 9 of Specific Plan Area No. 2; and WHEREAS, on March 22, 2005, the Planning Commission adopted Resolution No. PC-2005-473, recommending approval to the C y Council of Residential Planned Development Permit No. 2004-01 for the construction of 102 multiple family dwelling units on 8. 5 acres within Planning Area 5 of Specific Plan Area No. 2; and WHEREAS, at a duly noticed public hearing held on April 6, 2005, the City Council considered the agenda report and any supplements thereto and any written public comments; opened the publ hearing, took and considered public testimony both for and against the proposal, closed the public hearing, and reached a decision on this matter; and WHEREAS, the City Council concurs with the Community Development Director's determination that the projects are consistent with the findings of the Final Environmental Impact Report, and any amendments thereto, certified in connection with the Moorpark Highlands Specific Plan No. 1995-02 and has considered information in the environmental document in its deliberations of the projects before making a decision concerning the projects. CC ATTACHMENT 4 13 Resolution No. 2005-2306 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, the Planning Commission's recommendation, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors and landscaping, is consistent with the provisions of the General Plan, Specific Plan No. 1995 02, the Zoning Ordinance as amended by Zoning Ordinance Amendment No. 2004-05, and any other applicable regulations; B. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area, in that the use proposed is similar to uses existing or proposed to the south and west, and access to or utility of those adjacent uses are not hindered by these projects. c. The proposed projects are compatible with existing and planned land uses in the surrounding area, in that the existing and planned land uses in the general area are generally residential uses, recreational uses, and the Waterworks facility, which will be sufficiently separated from these projects to avoid impacts. SECTION 2. hereby approves: CITY COUNCIL APPROVAL: The City Council A. Residential Planned Development No. 2004-02 to allow the construction of 37 single-family, detached dwelling uni ts on 28. 4 acres within Planning Area 8 of Specific Plan No. 95-02, subject to conditions of approval attached as Exhibit A; and B. Residential Planned Development Permit No. 2004-03 for the construction of 95 single-family, detached dwelling units on 92. 7 acres within Planning Area 9 of Specific Plan No. 95-02, subject to conditions of approval attached as Exhibit B; C. Residential Planned Development Permit No. 2004-01 for the construction of 102 multiple family dwelling uni ts on 8. 5 14 Resolution No. 2005-2306 Page 3 acres with.in Planning Area 5 of Specific Plan No. 95-0 2 , subject to conditions of approval attached as Exhibit C; SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause certified resolution to be filed in the book of original PASSED AND ADOPTED ATTEST: Attachments: 1. Exhibit A -Special and Standard Conditions of Approval for Residential Planned Development Permit No. 2004-02 2 . Exhibit B -Special and Standard Conditions of Approval for Residential Planned Development Permit No. 2004-03 3. Exhibit c -Special and Standard Conditions of Approval for Residential Planned Development Permit No. 2004-01 15 Resolution No. 2005-2306 Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 2004-02 SPECIAL CONDITIONS 1. The Pardee Homes architectural booklet titled "Moorpark PA- 8," dated March 11, 2004, and the Planning Area 8 Architectural Plans dated May 23, 2003, shall form the basis of the evaluation of architectural treatment to be incorporated on each residential structure for permit issuance. At a minimum, the drawings and color and materials samples that have depicted the respective architectural styles and sub-styles shall be incorporated in the project, as presented in the above-mentioned plans and materials. 2. Prior to the issuance of a Zoning Clearance for a building permit for the first residential unit, the applicant shall submit wall plans to the Community Development Department for review and approval. The wall plans shall be approved prior to the issuance of the first building permit. 3. At least ten percent ( 10%) of the dwellings, but no more than twenty-five percent (25%) of the dwellings shall be represented by any one of the architectural styles. No sub-style shall be represented by more than sixty percent (60%) of the dwellings for each architectural style. 4. Prior to the issuance of a Zoning Clearance for building permits, the applicant shall prepare, and submit for approval, a minimum of three (3) plans for the stallation of a lattice-roofed patio cover in the rear yard of each floor plan proposed. These patio covers shall be offered as an option to home buyers, and the plans shall be made available to buyers in the event they decide to build the cover after they occupy the home. 5. Any change in the architectural elements shall require prior approval by the Community Development Director. Approval of any change shall require the Director to find that the change is consistent with these approved conditions, the Zoning Code and compatible with the dwellings along that street frontage and the dwellings located within two-hundred (200') feet of the side property line, as determined by the Community Development Director. 16 Resolution No. 2005-2306 5 6. Prior to the issuance of a zoning clearance for the first building permit for t construction of homes within Planning Area 8, the applicant shall submit, and ve approved by, the Community Development Director, a notice to signed by all future buyers, acknowledging the potential for the keeping of horses and other animals within Planning Area 8. The notice 11 identify potent l impacts associated with the keeping of such animals, including, but not limited to noise, odor, ies, and visual impacts and shall provide notice to those prospective owners of the f lots which do not have a clear unimpeded side yard of twelve feet (12'). The disclosure shall also indicate that the trails are multipurpose trails. 0 ginal signed notices shall provided to the Comrnuni ty Development Department ior to issuance of a zoning clearance for occupancy of each unit. The CC&R's for this neighborhood shall also include notice that the lots within Planning Area 8 rmit the keeping of animals. 7. All lots adjoining the planned equestrian trail shall provided with direct access to the trail from the rear yard area of the building pad. The access shall take the form of a three (3') foot wide path wi a slope not greater than 3: 1. Should the path be required to cross another property, appropriate easement documentation shall be recorded to ensure access to t trail by property owners served by the path. 8. The northerly property line of lot 254 shall be deemed to be the front property line for purposes of setback determination. The southerly property line shall be deemed the rear property line. The property line adjacent to street shall be deemed a side property line, but shall maintain a setback area of at least twenty (20') feet within which no fence, wall, or structure may exceed three (3') in height. The e vat ion on the side of t house adjacent to the street shall have enhanced architectural and decorative treatment to be consistent with the front elevations of the other homes. 9. Lots 229, 231-232, 234-248, 250-252, and 254-264 shall provide and maintain a flat area on the s of the home twelve (12') in width extending from the front of the home to the rear of t home for use as RV access or parking. No encroachments into this twelve (12') foot area (including but not limited to room additions, pool 17 Resolution No. 2005-2306 Page 6 equipment, air conditioning uni ts, storage structures, patio covers) may be approved or constructed, other gates for screening and securing the side yard. and than 10. In Planning Area 8 the applicant shall provide a vehicular access easement to the adjacent property to the west. Upon development of the adjacent property the owners and occupants of shall be allowed vehicular access through the private street system of Planning Areas 8 and 9. Prior to the recordation of the first final map for Planning Areas 8 and 9 the Community Development Director may require the inclusion of the adjacent property in the homeowner association for Planning Areas 8 and 9. 11. Prior to the issuance a zoning earance for the first building permit for the construction of homes within Planning Area 8, the applicant shall provide plans for a minimum of three ( 3) decorative treatments for driveways within the Planning Area. These treatments may be assigned to lots by the applicant, or selected by the purchasers of the homes. The treatments shall consist of decorative stamped concrete, pavers, or the use of an irrigated mow- strip in the center of the driveway. 12. Standards Relating to Animals. The keeping of animals shall comply with Chapter 17.28.030 of the Moorpark Municipal Code. 13. Landscaping maintenance for the slopes along the rear of the lots of Planning Area 8 shall be the responsibility of the Homeowners Association. 14. Prior to the completion of the trail along the northern boundary of the subdivision the applicant shall install signing at the intersection of this trail with the trail on C Street. The signage shall be reviewed and approved by the community development director. The signage shall indicate that the trail has no outlet. Maintenance of the signs shall be included as part of the homeowners association. STANDARD CONDITIONS A. For compliance with the following conditions please contact the Community Development Department: 1. The Residential Planned Development Pe rrni t is granted for the land and project as identifi on the entitlement application rm and as shown on the plot plans and 18 Resolution No. 2005-2306 Page 7 2. elevations incorporat herein re rence as Exhibit "A". The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. All conditions of Tentative subsequent modifications shall Planned Development Permit. Tract apply Map 5045 and any to this Residential 3. Unless the Resident l Development Permit is inaugurated 4 . (building foundation sl in place and substantial work in progress) not later than three ( 3) years after this rmi t is granted, this permit shall automatically expire on that date. The Community Development rector may, at his/her discretion, grant up to two (2) 1-r extensions for project inauguration if there have been no changes in the adjacent areas and if Applicant can document that he/she has ligently worked towards inauguration of the project during the initial three-year period and the Applicant has concurrently requested a t extension to the Tentative Tract Map. The request for extension of this entitlement shall be made at least thirty (30) days prior to t expiration date of the permit. Prior shall to occupancy install front landscape plans. of each dwelling rd landscaping unit the Applicant as approved on the 5. All air conditioning or air exchange equipment shall be p ced at ground level, may not be placed in a sideyard setback area within fifteen (15') feet of an opening window at ground floor level of any residential structure, and shall not reduce required si rds to less than five (5') feet of level ground. 6. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification is submitted to the Department of Community Development consistent with the requirements of the Zoning Code. 7. Garages shall maintain a clear unobstructed dimension of twenty (20') feet length and ten (10') feet in width for each parking stall provided with a minimum of two garage- par ng stalls required for each dwelling unit. 8. Rain gutters and downspouts of the structure for all s 11 be provided on all sides structures where there is a 19 Resolution No. 2005-2306 Page 8 directional roof flow. Water shall be conveyed to the street or drives in non-corrosive devices as determined by the City Engineer. 9. Prior to the issuance of a Zoning Clearance for construction, working drawings, ding and drainage plans, plot plans, final map (if request by the Community Development Director), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director r review and approval. B. For compliance with the :following conditions please contact the Engineering Division: 10. The City Engineering Conditions of Approval for Tentative Tract Map No. 5045 apply to Residential Planned Development Permit No. 2002-03. C. For compliance with the :following conditions please contact the Ventura County Fire Department: 11. All conditions of Tentative Tract Map 5045 shall apply. D. For compliance with the :following conditions please contact the Ventura County Waterworks District No. 1: 12. All conditions of Tentative Tract Map 5045 shall apply. E. For compliance with the :following conditions please contact the Police Department: 13. Prior to issuance of building pe ts for either the res ntial or recreational components of the project, the ice Department shall review development plans for the incorporation of de ible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into the project plans. The Applicant shall p re of list of project tures and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space design features incorporated into the project shall occur prior to initiation of the building plan check process. 20 Resolution No. 2005-2306 Page 9 F. For compliance with the £allowing conditions please contact the Moorpark Unified School District: 14. Prior to issuance of building permits for the residential units, all legally mandated school impact fees applicable at the time of issuance of a building permit shall be paid to the Moorpark Unified School District. -End- 21 Resolution No. 2005 306 Page 10 EXHIBIT B SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 2004-03 SPECIAL CONDITIONS 1. The Pardee Hornes architectural booklet titled "Moorpark PA- 9," dated March 11, 2004, and t Planning Area 9 Architectural Plans dated May 23, 2003, shall form the basis of the evaluation of architectural treatment to be incorporated on each residential structure for permit issuance. At a minimum, the drawings and color and materials samples that have depicted the respective architectural styles and sub-styles shall be incorporated in the project, as presented in the above-mentioned plans and materials. 2. At least twent five percent (25%) of the dwellings, but no more than forty percent (40%), of the dwellings shall be represented by any one of t architectural styles. No sub-style shall represented by more than f arty percent (40%) of the dwellings for each architectural style. 3. Prior to the issuance of a Zoning Clearance for building rmits, the applicant shall prepare, and submit for approval, a minimum of three plans for the installation of an lattice-roofed patio cover in the rear yard of each floor plan proposed. These patio covers shall be of red as an option to home buyers, and the plans shall be made available to buyers in the event they ide to build the cover after they occupy the home. 4. Any change in the architectural elements shall require prior approval by the Community Development Director. Approval of any change shall require the Director to find that the change is consistent with these approved conditions, the Zoning Code and compatible with the dwellings along that street frontage and the dwellings located within two-hundred (200') of the side property line, as determined by the Cornmuni Development Director. 5. Prior to the issuance of a zoning clearance for the rst building permit for t construction of homes within Planning Area 9, the applicant shall provide plans for a minimum of three ( 3) decorative treatments for driveways within the Planning Area. These treatments may assigned to lots by the applicant, or selected by the purchasers of 22 Resolution No. 2005-2306 Page 11 the homes. The treatments shall consist of decorative stamped concrete, pavers, or the use of an irrigated mow- strip in the center of t driveway. 6. Prior to the issuance of a zoning clearance for the first building permit for the construction of homes within Planning Area 9, the applicant shall submit, and have approved by, the Community Development Director, a not ice to be signed by all future buyers, acknowledging the potential for the keeping of horses and other animals within Planning Area 8. The notice shall identify potential impacts associat with the keeping of such animals, including, but not limited to noise, odor, flies, and visual impacts. The disclosure shall also indicate that the trails are multipurpose trails. Original signed notices shall be provided to the Community Development Department prior to issuance of a zoning clearance for occupancy of each unit. The CC&R' s for this neighborhood shall also include notice that the lots within Planning Area 8 permit the keeping of animals. 7 . The driveway on lot 304 shall at least 20 feet depth from the garage door to the front property line. STANDARD CONDITIONS A. For compliance with the following conditions please contact the Community Development Department: 1. The Residential Planned Development Permit is granted for the land and project as identified on the ent lement application form and as shown on the plot plans and elevations incorporated rein by re rence as Exhibit "A". The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. 2 . All conditions of Tentative subsequent modi cations shall Planned Development Permit. Tract apply Map 5045 and any to this Residential 3. Unless the Residential Development Permit is inaugurated (building foundation slab in place and substant l work in progress) not later than three ( 3) years after this permit is granted, this permit shall automatically expire on that date. e Community Development Director may, at his/her discretion, grant up to two (2) 1-year extensions for 23 Resolution No. 2005-2306 Page 12 4 . project inauguration if there have been no changes in the adjacent areas and if Applicant can document that he/she has diligently worked towards inauguration of the project du ng the initial 3-year period and the Applicant has concurrently requested a time extension to the Tentative Tract Map. The request for extension of this entitlement shall made at least thirty (30) days prior to the expiration date of the permit. Prior to occupancy shall install front landscape plans. of each dwelling yard landscaping unit the Applicant as approved on the 5. All air conditioning or air exchange equipment shall be placed at ground level, may not be placed in a sideyard setback area within fifteen (15') of an opening window at ground floor level of any residential structure, and shall not reduce required sideyards to less than five (5') feet of level ground. 6. All facilities and uses other than those ifically 7 . 8. reques in the application are prohibited unless an application a modification is submitted to the Department of Community Development consistent with the requirements of the Zoning Code. Rain gutters and downspout shall be provided on all si of the structure for all structures where there is directional roof flow. Water shall be conveyed to street or drives in non-corrosive devices, as determin the City Engineer. Garages shall maintain a clear unobstructed dimension twenty (20') feet in length and ten (10') feet in width each parking stall provided with a minimum two garage-parking stalls required r each dwelling unit. s a the by of ( 2) 9. Prior to t issuance of a Zoning Clearance for construction, working drawings, grading and drainage plans, plot plans, final map (if requested by the Community Development Director), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. 24 Resolution No. 2005-2306 13 B. For compliance with the following conditions please contact the Engineering Division: 10. The C y Engineering Conditions of Approval for Tentative Tract Map No. 5045 apply to Residential Planned Development Permit No. 2002-03. C. For comp1iance with the fo11owing conditions p1ease contact the Ventura County Fire Department: 11. All conditions of Tentative Tract Map 5045 shall apply. D. For comp1iance with the fo11owing conditions p1ease contact the Ventura County Waterworks District No. 1: 12. All conditions of Tentative Tract Map 5045 shall apply. E. For comp1iance with the £o11owing conditions p1ease contact the Po1ice Department: 13. Prior to issuance of building permits for either the residential or recreational components of the project, the Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public sa ty planning recommendations shall be incorporated into t project plans. The Applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space design features incorporated into the project shall occur prior to initiation of the buildi plan check process. F. For compliance with the following conditions please contact the Moorpark Unified Schoo1 District: 14. Prior to issuance of building rmits for the residential uni ts, all legally mandated school impact fees applicable at the time of issuance of a building permit shall be paid to the Moorpark Unified School District. -End- 25 Resolution No. 2005-2306 Page 14 EXHIBIT C SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOP:MENT NO. 2004-01 SPECIAL CONDITIONS 1. The Pardee Homes architectural booklet titled "Moorpark PA- 5" dated March 11, 2004, and the Planning Area 5 Architectural Plans dated January 27, 2005, shall form the basis of the evaluation of architectural treatment to be incorporated on each residential structure for permit issuance. At a minimum, the drawings and color and materials samples that have depicted the respective architectural styles and sub-styles shall be incorporated in the project, as presented in the above-mentioned plans and materials. 2. Prior to the issuance of a Zoning Clearance for building permit for the first residential building, the Applicant shall submit wall plans to the Community Development Department for review and approval. The wall plans shall be approved prior to the issuance of the first building permit. 3. At least twenty-five (25%) percent of the residential buildings, but no more than forty ( 4 0%) rcent, of the dwellings shall be represented by any one of the architectural styles. No sub-sty shall be represented by more than sixty (60%) percent of the dwellings for each architectural style. 4. All units designated as affordable housing shall be designed and appointed in the same manner as the market rate units. For example, if the market rate units have tile counters the affordable units will have identical ti counters. If the market rate uni ts have dishwashers and rbage disposals the affordable units will have the identical garbage disposals and dishwashers. The exception to this condition is that the Applicant shall provide clothes washing and drying machines and window coverings in all affordable units designated under the provisions of the Development Agreement for the Moorpark Highlands Specific Plan. 5. Any change in the architectural elements shall require prior approval by the Corrununity Development Director. Approval of any change shall require the Director to find 26 Res lution No. 2005-2306 Page 15 that the change is consistent conditions, the Zoning Code and dwellings along that street frontage, Community Development Director and requirements of the Zoning Ordinance. with these approved compatible with the as determined by t consistent with the 6. Prior to the occupancy of the first unit, the Applicant shall submit to, and have approved by, the Community Development Director, a notice to be signed by all future buyers, acknowledging the planned construction of a public park and future roadway improvements on the SR 2 3 bypass. The notice shall identify potent 1 impacts associated with these improvements, including, but not limited to noise and light impacts. An acknowledgement that planned construction of a public park and future roadway improvements on the SR 23 bypass shall recorded as part of the subdivision map or if there is no subdivision map as a separate instrument. 7. The covered parking and guest parking spaces within the development shall be designated for each unit and the guest parking shall be labeled as such to the satisfaction of the Commun y Development Director. The distance from each unit to its assigned covered parking space shall be minimized to the greatest extend feasible. 8. Structures over covered parking shall be designed using architectural vocabularies whi are compatible and comparable to those used on the residence buildings. This shall include the use of tile roofs and decorative stonework or other enhancements found on the uni ts. The use of landscaping around the vertical supports shall be part of the design. A Permit Adjustment shall be applied for and the architectural plans brought before the Planning Commission for review and approval prior to the issuance of a zoning clearance for building permit to construct any unit within Planning Area 5. 9. Prior to the issuance of a zoning clearance r a building permit the applicant shall provide enhanced architectural treatments to the facades of those Residential structures which face "A" Street. The enhancement shall be reviewed and approved by the commun y development director. 10. Prior to the issuance of a grading permit the applicant provide the community development director with a revised site plan which minimizes the use of the five car garage straight-in units. This may involve the relocation of units, reversing the plotting of units and modifying the site plan envelope. The revised site plan is subject to 27 Resolution No. 2005-2306 Page 16 the review and approval of the community development director. 11. Enhanced driveways shall be provided, to the satisfaction of the Community Development Director. STANDARD CONDITIONS A. For compliance with the following conditions please contact the Community Development Department: 1. The Residential Planned Development Permit is granted for the land and project as identified on the entitlement application form and as shown on the plot plans and elevations incorporated herein by reference as Exhibit "A". The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. 2. All conditions of Tentative Tract Map No. 5045 and any subsequent modifications shall apply to this Residential Planned Development Permit. 3. Unless the Residential Development Permit is inaugurated 4. (building foundation slab in place and substantial work in progress) not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Community Development Director may, at his/her discretion, grant up to two (2) 1-year extensions for project inauguration if there have been no changes in the adjacent areas and if Applicant can document that he/she has diligently worked towards inauguration of the project during the initial 3-year period and the Applicant has concurrently requested a time extension to the tentative tract map. The request for extension of this entitlement shall be made at least thirty (30) days prior to the expiration date of the permit. Prior to occupancy shall install front landscape plans. of each dwelling yard landscaping unit, the Applicant as approved on the 5. All air conditioning or air _exchange equipment shall be placed at ground level, may not be placed in a sideyard setback area within fifteen (15') feet of an opening window at ground floor level of any residential structure, and shall not reduce the required sideyards to less than five (5') feet of level ground. 28 Resolution No. 2005-2306 Page 17 6. iUl facilities and uses other than those specifically requested the application are proh ited unless an application a modi cation is s tted to t Community Development Department consistent with the requirements of the Zoning Code. 7 . Gara s shall ma ain a clear unobstructed ion of twenty ( 2 0 I ) feet in length and ten ( 10' ) feet for each rking stall provided with a minimum two ( 2) gara rking stalls ired for each dwelling unit. 8. Rain gutters and down s shall be provided on all sides of the structure for all structures re there is a directional roof flow. Water shall be conveyed to the street or ves in non-corrosive devices as determined by the City Engineer. 9. Prior to t issuance of a Zoning Clearance for construction, working drawings, g g and dra plans, plot plans, final map (if requested by the Community Development Director) , sign programs, and lands ng and ir ion plans 11 sets) s 11 be submitt to the Community Development Director for ew and approval. B. For comp1iance with the £o11owing conditions p1ease contact the Engineering Division: 10. The City Engineering Conditions of Approval Tentative c. 11. D. Tract Map No. 5045 apply to Res tial Planned Development For the All For the t No. 2002 03. comp1iance with the £o11owing conditions p1ease contact Ventura County Fire Department: tions of Tentat Tract Map 5045 shall apply. comp1iance with the £o11owing conditions p1ease contact Ventura County Waterworks District No. 1: 12. All conditions of Tentative Tract Map 5045 shall apply. E. For comp1iance with the £o11owing cond.i tions p1ease contact the Police Department: 13. Prior to issuance of buil ng permits r either residential or recreational components of project, Police Department shall review development plans for incorporation of fensible concepts to reduce demands on police ces. To t degree feas le, public 29 Resolution No. 2005-2306 Page 18 safety planning recommendations shall be incorporated into the project plans. The Applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space design features incorporated into the project shall occur prior to initiation of the building plan check process. F. For compliance with the following conditions please contact the Moorpark Unified School District: 14. Prior to issuance of building permits for the residential units, all legally mandated school impact fees applicable at the time of issuance of a building permit shall be paid to the Moorpark Unified School District. -End- 30 Resolution No. 2005-2306 Page 19 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK SS. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2005-2306 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th day of April, 2005, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Parvin, and Mayor Hunter NOES: None ABSENT: Councilmember Millhouse ABSTAIN: None WITNESS my hand and the official seal of said City this 26th day of April, 2005. 31 .\ i .j ;,1 i ' I l LAWYERS TITLE COMPANY·Sl RECORDING REQ\)ESTED BY: WHEN RECORDED MAIL TO: Luce, Forward; Hamilton & Sc;:ripps LL,P · 600 West Broadway, Suite 2600 San Die o, CA 92101 : Nanc ·T, Scull, Esq. ; . ) Ventura CountY Clerk and Recorder ~ MARK A. -LUNN -l 08'124/2010 08\00:00 AM 443645 $292.00 MA SPACE ABOVE FORRECORDER'S USE DECLARATION OF COVENANTS, CONDITIONS ANJ) RESTRICTIONS OF PINNACLE AT MOORPARK IDGHLANJ)S SECTION 16.4 OF THIS DECLARATION CONTAINS A BINDlNG ARBlT&ATION PROVISION lN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT •. YOU SHOULD CONSuLT LEGALCOuNSEL WITH:ANYQUESTIONS ON THIS OR OTHERPR()VISIONS OF THIS DECLARATION;' ·· 10 1205925;6/32544-00001 Toll/ Pinnacle at Moorpark Highlands CC&Rs . >·· .. · .·.. . . . ... 3.t~~.~~cumen.tif flied lor record by laYfY~rs Title (!¥~tw~_ny as &n scc~mmodation :onHY •. it ~as not · ~~f~~ambeed as to its ·exe<:ution or aS -to its eff<l\11 ~iilin the title. ' ·>).,\·:··:<:,'' ~-·'~\r--___ .;_ ___ ..;..._....;J ·.f!- CC ATTACHMENT 5 32 I I i ·• I ,i "\ j ; l I I I I I l ! TABLE OF CONTENTS Page ARTICLE I RECITALS ............................. : .......................... ;; .............. : ............................................ ! 1.1 Property Owned by Declarant ..... : .......................................... ; ................... , ..... ; .. , .... ! 1.2 Right to Annex ......................................... : ........... : ............... , ................................... I 13· Nature of Community ....................................... · ............................ : .......................... 1 1.4 DescriptionofCommunity ............... , ............................................. : .................. : ....... 1 ·ARTICLE 2 DEFxNITIONS.c .............. c ..................................................................... ; ..................... 2 2.1 AdditionaiCharges ...... , .................. , .......................................................... , ............. 2 2.2 Additional Property : .................................................................................................. 2 .2.3 Annexationc ...... ; ....................................................................................................... 2 2.4 Architectura!Committee ............ : ................................ : .. ,.. ... , .................................... 2 2.5 Architectural Guidelines ........ ; ......................................................... : ........................ 2 2.6 Articles ................... ~ ................................................................................................ ;2 2.7 Association ................... : ........................................................................................... 2 2.8 Ass?ciation Access Easement Areas .. ; ............... : ... : ............... ; ................................ 3 2.9 Association Access Easements .......................................... : ...................................... 3 2.10 AssoCiation Maintenance Areas ........................... , ................................................... 3 2.11 AssociationMaintenanee Manual ... : ...................... : ................................................. 3 2.12 Association Property ................................................... ; ............................... ; ............. 3 2.13 Association Rules ................ : .......... : .. : ................. : ..... , .. , ........... : ............................ : ... 3 2.14 Board.: .............. : .......... , ................... : ..................... : ................................................. .3 2.15 Budget ......................................................... :: .......................................................... .3 2.16 Byl!!,WS .... ;· ................................................ :, .. , ... ; ............... ; ........................................ 3 2.17 Capital Improvement Assessments .............. ;: .•. , ................ :: .................. , ................ .3 2.18 City ............................................................................................................................ 3 2.19 Common Expenses .................................... , ........................................................... : . .4 2.20 Comrriunity ............... : ................................... : ... : ................................. ; ............ , ....... .4 2.21 Cost Sharing Agreenient: ........................................................................................ .4 2.22 County ............. : .... : ........ , ......................................... : ................................................. 5 2.23 Cross-Lot Drainage Facilities ........................................................................... : ... ; .. 5 2.24 Declarant ......................................... : ............... , .................. , ................ ; .............. , ..... 5 2.25 Declaration .... : ...................... ; .............................. , ... c ............................... : ................ 5 2.26 ORE ................................ : .. : ................................... : ..... : ............................................. 5 2.27 Eligible Holder ........ , ................................................................................................. 5 2.28 Enforcement Assessments ....................................... : ............................................... 5 2.29 Equestrian Lqts ........ .' ....................................... : .................................. : .................... 5 2.30 Fencing EXhibit ............................. : .................. ,.: ........... : ......................................... 5 2.31 Final Map ......... , ............................................ , .. ; ....................................................... 6 2.32 First Mortgage ............................ : ........................................................... , .. : ............... 6 2.33 First Morigagee ........ , .................................... : .......................................................... 6 2.34 Fiscal Year ................................................................................................................ 6 2.35 Governing Docurnents ......... , ........ , .................................................................... , ..... 6 2.36 Homeowners Maintenance Manua1 .............. : ...................................... : ....... : ........... 6 . 2.37 Improvements .............. : ..... : ......... · ............................ ; ............................................... 6 101205925:6/32544-00001 Toll/ Pinnacle at Moorpark i-.iigh\ands CC&Rs ii 33 I I I :: ·J i :l i i -.1 I I i I I I •I 2.38 2.39 2.40 2.41 2.42 2.43 2.44 2.45 2.46 2.47 2.48 2.49 2.50 2.51 2.52 2.53 2.54 255 2.56 2.57 2.58 2.59 2.60 2.6.1 2.62 2.63 2.64 2.65 2.66 2.67 2.68 2.69 Institutional Mortgagee .....................................•.• : ...•.....•........ : ................................ 6 Invitee .............. :: ..... , ................................................................................ , ..........•.... 6 Landscape Maintenance DistricL: .... , .. : ........ , ................•. : ..•............................... , .... 7 Line of Sight Area, •................ : ....•...... : ...... : •............. , ...... : ..........................•.............. 7 LMD Maintenance Areas ..........................•.........................•...•................................ 7 Lot ...................................•...... : .•.........•........•........• : .................................................. ~7 Maintenanc¢ Obligations ·•·························•·······················•····································~ 7 Master Architectural Review Committee ................•..•...•..•..............................•... : .. 7 Master Association ........ : •...................•.......... : .......................................•.................. 7 Master Declaration .................................................•.....................•......................... ,;.? Member ...............•.•..............................................••...... : .................•......................... 8 ·Mortgage .. : ........................................................................ , ...................• : ................. & Mortgagee .. ; ..........•.....•.. : ....... : .........................................................................•....... 8 Notice and Bearing ................................•............ : .......•............•.............. ; ................ & OffsiteMaintenaitce Areas .•......... : ........................................................................... & Operating Rules .......... : ........ , ........... ,:: ........................... : .................•....................... 8 owner .................•.................•................... ; ................................................................ & Parkway Landscaping .................. : ...... :.: .....•....................•..................... ; ............... ;.& Person.: .................................. : ........•.................. ; ........................................... ; .......... & Phase ; ..................... , ...................•..... :: ....... , ...... : ..........•........ , .......... : ........................ 8 Pollution Control Devices .............................. : ............•................... ; ..........•............. & Private Streets ......•......•....•......•..........•..................................................................... & J>i.operty, ............................... : ................................................•................................ :;9 Publi~ Report .................... : .....................•.........•.......•..................... , ........................• 9 Regular Assessments ........................ ; ................................................................ :: .•... 9 Residence ....................................... : .•........ ; ... ; ... .:., ................................................... 9 · Residential Lot .................................... ; .... : •.•.....•...................•.................••............... 9 Restricte\I.Use Areas ............................................................................ ; ................... 9 Slope Maintenance Areas ························•······•····'··'··: .......... : ........... : ....................... 9 Special Assessments ........•...... : ......... : .. : ....... : •.•.. : .............. ; ....•..... , .....• , ..................... 9 Suppie!Uentary Declaration .. ; ........ : ...... ; . ., .................... , ........................................... 9 Voting Power ...... : .......................................... : ......................................................... 9 ARTICLE 3 OWNERSHIP AND EASEMENTS .: ................. : ...•..•..........................•.....•............ .10 3.1 Ownership ofResidential Lots ........ : ................... : .................•.... ; .......... : .•..•.......... .lO 3.2 No Separate Conveyance ....................................... ,: .............................................. 10 3.3 De1egaiion of Use ...................................................................................•.............. 10 3.4 Easements ...........................................•................................ ; ................................. 10 3.5 Light, Air and View ...•........................ : ........................................................... , ...... 12 3.6 Right of Access ...................................................................................................... 12 3.7 Ass()ciation Right ofEiltry ................. ; ................... ,; .............................................. 12 3.8 Association Access Easements .: .....•........................................ : .....................•....... 12 3.9 Cross-Lot Drainage Facilities ................................................................................. 12 3.10 Association Maintenance Areas ......... ; ............•......................•............................... l2 ARTICLE 4 THE ASSOCIATION .......................................................................................... : .... 13 4.1 The Organization ................................................................................................... 13 101205925.6 I. 32544-00001 TolllPinnac!e at Moorpark Highlands CC&Rs iii 34 j • ' 1 I I I ! I I I I I I :i 'i ! ·I j I i ! 1 i 4.2 Association Action; Soard ofDir~ctors and Officers; Members' Approval .. , ...... 13 4.3 Powers ofAssociation .........................•.................. ~; •.......... ,,; ...................... ; ......... .13 4.4 Duties of the Association ... : ......... : ............................ ; ............ ; ............................... 15 4.5 Limitations on Authority ofBoard ............... , ...... : ................................................. .18 4;6 Contracts ................................................................................................................ 19 4.7 Personal Liability ................... : ..... , ......................................................................... 19 4.8 Additio11al Provisions: ....................................................................................... : ..... 20 ARTICLE 5 MEM:BERSFITP AND VOTING RIGHTS IN ASSOCIATION .............................. 20 5.1 Membership .. , ..................................... : .................................................................. 20 5.2 Number ofVotes ............................................... : ....... ; .................... ; ............. ~: ........ 21 ARTICLE 6 ASSESSMENTS ...•. : ..................... ; ............................................... ; ........................... 22 6.1 Creation ofLien·and PersonalObligation forAssessments ........................ , ......... 22 6.2 Purpose ofAsses~ments ......... ~ ............................. : ................................................. 22 6.3 Regular Assessments ................................. , ....................... : ......................... : ......... 22 6.4 SpeciaVASsessments .............................................................................................. 23 6.5 Capital Improvement Assessment ..................................... : ......................... : ......... ;24 6.6 Enforcement Assessments ............... : ............................. : .................... : .................. 24 6.7 Changes to: Assessments .................................... , ............................. : ...................... 25. 6.8 Uniform Rate of Assessment ................................................................................... 26 6.9 Date or Commencement ofRegularAssessrnent:S;.Due Dates : ........... : ................. 26 6.10 Assessm!!nt Insialjment Due Dates ...................... : ............... ; ................................ :26 6.11 Estoppel Certificate ................................................................................................ 26 6.12 Collection of Assessments; Liens ..•. , ............... : ..................................................... 26 6.13 Additional Charges ............................................................... , ................................ 28 6.14 Waiver ofExemptions ............................................ ; ...................... , ....................... 28 6.15 Subordination of Lien to First Mortgages .............................................................. 29 6.16 No Offsets· ...................................................................................... , .. ; ............. ; ...... 29 6·: 17 Persona!Liability of Owner ....................... : ........................... ; .... ; ..... : .................... 29 6.18 Transfer ofProperty ............................................. ; ........................................... ; ..... 29 6.19 Failure to Fix Assessments .................................................................................... 29 6.20 Property Exempt from Assessments ...................................................... : ..... ; ......... 29 6.21 Association Property and .Ass.ociation MainterianceAreas ; .................................. 30 6.22 Declarant's Right to Conttibuie to Revenues of the Association .......... : ............... 30 ARTICLE 7 USERESTRICTIONS .................................. : ........................................................... 30 7.1 Restrictions of Master Declaration ................................................... : .................... 30 7.2 Rental of Residential Lots ..................................................................... ; ................ 31 7.3 Time Sharing ......................................................... : ............................. , ....... , ......... .31 7.4 Animals ................................................................................................................... 31 7.5 Parking.and Vehicuhir Restrictions .... , ............................. : .............................. : ...... 31 7.6 Mechanic's Liens· ..... : .......................... : ................................... ,. ............................. 32 7.7 Installations ................................................... , ............ , ........ : .................................. 32 7.8 LineofSlghtAreas ................................................. , ....................................... : ..... .33 7,9 Association Maintenance Areas ......................... ; ... ; ............................................... 33 7.10 Offensive Conduct, NuisaiJ.ces ............................... ; .. ; ............ : .............................. .33 101205925.6/32544·00001 Toll/ Pinilacle at Moorpark Highlands CC&Rs iv 35 i I :j i I .j .I ·'( I 7.11 Entry Qates ................................... , .............. , ........ : .. , ................... , ........ ; ... ; ............. '.54 7.12 View Impairment ....................................... : ................................................... : ....... 34 7.13 Drainage ........ , ..... ,., ....... , ..... , ......... ~ .............. , ........... c ..... ; .......... , .. ;.;; ....................... .34 7.14 ·Cross-Lot.Drainage Facilities ..................... , ...... , ....... : ....................... , ................... 35 7.15 Compliance With Requirements Regarding Community Storm Water Pollution .............. : .......................................... ~ ............... :; ... ; .. : ... , ............................ 35 7.16 Trash ... ; .. , .............................. , ................ ; .. ; ......... : .............................................. , .... 36 7.17 Landscaping ..................................................................... : ............... : ..................... 36 7.18 S1opeC<introl, Use andMaintenance ......................... ~.: ...... : ...... : ........................... 36 7.19· PostTerision Slabs ........ : ............... : .. : ..................... , ....... , ...... :.;.,, ........................... 37 7.20 Setbacks ........ : ...................................................................................... : ................ .37 7.21 Compliance With Laws, Etc ..................................... · ................................ : ......... : .. 37 7.22 In,demnification .. ,. ........................................................ , ............ : ............................... 37 7.23 Abandoned Oil Well Disclosure ............................................................................ .37 ARTICLE 8 IMPROVEMENTS ................................. ; ................................................................. 38 8.1 Maintenance Obligations OfOwners ................. , ...... : ....... ; ................................... -38 8.2 Fence and·Wall Mainteriance ............. ; ................................... :.: ............................. J8 8.3 Owner's Failure to Maintain .................. : ........................................ : ................ : .. : .. 39 8.4 Maintenance.Obligations of li.ssociation ........ , ................. : ..................................... 39 8.5 Inspection of the Comm\mity .................... : ....................... : ......... ; ......................... .40 8.(/ Damage byOwriers; .................................... , ......................................................... AO 8.7 Future Construction ..................... : ...... : .................... ~ ................ , ............................ 41 ARTICLE 9 ARCHITECTURAL REVIEW ................................ : ............................................... .41 9.1 Master Architectural Review Committee Appioviil ......................................... : .. .41 9.2 Not Applicable to Declarant ..... : ...... , ........... : ................ , ............................. , ......... .41 9.3 Scope .... , ............................................... , ............................ : ... : .. , ....................... , ..... .4t · 9.4 Architectural Guidelines ........................................................... : ............................ .41 9.5 Approval of Plans and Specifications ......... c ............ : .. : ... : ..................................... .42 9.6 ·Inspection and Correciion ofWork .............................................. ; ............... , ........ .43 9.7 Diligence in Construction ............................................. :.; ........ :.: ........................... 44 9.8 Fee for Review ................ , ................................................. : ..................................... 44 9.9 Interpretation .................................................................. :: ...................................... .44 9.10 Waiver .................... ; .............. : ............................................................. ; .. ;; ............... 44 9.11 Estoppel Certificate ................................................ , .. , ............. , ........... c ........ : ........ .45 . 9.12 Liability ............................................................. " ................................................... .45 9.13 Variances, ............. , ............................................................. ; ........................ , .... ; .... .45 9.14 AppointtnentofArchitectural Committee ................... : ... , ..... :, ............................. .45 9.15 Compensation ....................................................................................................... .46 9.16 Amendments .................................................................. : ...................................... .46 ARTICLE 10 DEVELOPMENT RIOHtS ........................................................... , ...................... ~ . .46 10.1 Limitations of Restrictions ......... : .............. : ............................................................ 46 10.2 Rights of Access and Completion ofConstruction ............................................... .46 10.3 Size and Appearance of Community ... ; ..................... : ............................... , .......... .47 10.4 Marketing Rights ........................................ ; .............................. ; ............................ .47 101205925:6/32544-00001 -Toll/ Pinmicle at Moorpark Highlands CC&Rs v 36 tj 'l 'I 'I I q ' 10.~ 10.6 10.7 10.8 10.9 . Alterations to Map ..... , .... ~ ............... , ............. , .................................. , ........................ 48 Rights to Maintain Association Maintenance Areas ....... , ...................................... 48 Title Righ~ ........ , .................................... , ... , .......... : ............................................... .48 Power of Attorney .................................................... : ..... : ......... :.,., ..................... : ..... 49 Amendmetit.. ........................................................ : ...................... : .......................... ;;49 ARTICLE 11 INSURANCE ................ : ................................. , ............................. , ........................ ..49 11.1 Association'sipsurance Obligations .. , ... ; ............................................................... ..49 11.2 Review of Insurance ................................... , ......................................................... .52 11.3 Board's Authority to Revise Insurance Requirements; .. ,., ..... , ............................... 52 11.4 Master Insurance Program ............................ : ............. : ... ;,, .................. ; ................. 53 ARTICLE t2 DESTRUCTION OF IMPROVEMENTS AND CQNDEMNATION ................... 53 12.1 RestorationDefmed .......... , ......................... : ..... : ............ : ................. , ..... : ................. ~3 12.2 Restoration Proceeds .... : ......................... : ...................... : .................................... :; .. 53 12.3 Rebuilding Conti:act .................................... : .......................................................... 53 12.4 Private Streets : ............. ; ........................ ;; ......... ; ............................................... : ..... 53 12.5 Insurance Trnstee ............. ; .•. , .................................................................................. 53 12.6 Condemnation of Association Property .. ; .............................................................. 54 12.7 MinorH.epair and Reconstruction .............................................................. , ........... 54 12.8 DamagetoResidential Lots ............. ; ............ , .. ; .............. , ........ , .... ; ..... : .................. 54 12.9 Condemnation of a Residence ...................................... ; ........................................ 54 ARTICLE 13 RIGHTS OF MORTGAGEES ................... : ............................................................ ~5 13.1 ·conflict , ............................................................... ~ ................................................. 55 13.2 Liability for Unpaid Assessments .... , ....................................................... , ............. 55 13.3 Payrtient.ofTaxes and Insurance ......... : ............................................................ : .. ,;55 13.4 Notice to Eligil:l1eHolders ........... , .... : ............. : ............................................... :, .... .55 13.5 Reserve Fund ... , .............. ,.;; .................... ,. ...................................... ; ...................... 56 13.6 Inspection ofBooks and Records ....................................... : .. : ............................... 56 13.7 Financial Statements .: .............................. : ............................................... : ............. 56 13.8 Actions RequiringE!igib1e Holder Approval ................ ; ................ , ....................... .56 13.9 Self-Managem.ent.. ............................ , ......................... : .......................................... 57 13.10 Mortgagee Protectioli ........................ : ........... , ......... ; .................... , .......................... 57 13.11 Subordinatioti ............. : ....... , ................................... : .... ,, ......................................... .57 13.12 Distribution of insurance and Condemnation Proceeds .......................................... 57 13.13 Voting Rights ori Default ....................................................................................... ,57 13.14 Foreclo'sure ....................... , ..................................................................................... 57 13.15 Non-Curable Breach ................ : ................ : ................................. ; .......................... 58 13.16 Loan to Facilitate ............ , ......................... ; ..• : .............................. : .......... :; .............. 58 13.17 Appearance atMeetings .................................... : .................................................... 58 13.18. Right to Furnish Information .......... , ........................... : .......................................... 58 13.19 Inapplicability of Right of First R.efusal to Mortgagee ............. ; ............................ 58 ARTICLE 14 AMENDMENTS ............................. : ....................... ,; ............................................ .58 l4.1 Amendmen!Before Close ofEscrowfor First Coriveyance ... : .............. , ........ : ...... 58 14.2 AmendmentsAfter Close ofEscrow for First Conveyance.; ...... : ........... : ............. .59 101205925.6/32544-00001 Toll /.Pinnacle at Moorpark Highlands CC&Rs vi 37 i ! ! I I ., ! ! I i ' I I I .! . . . 14.3 Conflict with Article 13 or Other ProyisiOrts 6t'this Declaration ......................... 60 14.4 Additional ApproYals Required forAiilendmerits .............•..•......•.. , ..........•........... 60' 14.5 Business and Ptofessions.Code Section 11018;7 .. :.: ...•............................ , ............. 60 14.6 Reliance on Amendments ... ;; ............................ : ............................ : ........................ 60 ARTICLE 15 ANNEXATION OF ADDITIONAL PROPERTY ................................................. 61 15.1 Annexation ............................................................................................................. 61 15,2 Annexation Without ApproYal ................................ : ........................................... ,.:61 15.3 CoYenantsRunning With the Land ........ ; ........................ : ....................................... 61 15.4 Supplementary Declaration.,, ........... , ................ , .............................. , ..................... 62 15~5 Association Property ......................... , .................... , ................................................ 62 15.6 Mergers.or·consoliclations ............................... : ... : ................................................. 62 15.7 De-Annexation .. c.;;, .................................................................................. : ............. 62 ARTICLE·16 ENFORCEMENT ............................ :, ..................................................................... 62 .16:.1 Term .................................................................... : ..... : .................................... : ....... 62 16.2 Enforcem¢nt and Nonw~iYer ........... , ............... ; ...... ,., ....... : ..................................... 63 16.3 Notice of Actions Against Declarant ...... : ...................... : ............................... ; ....... 63 16.4 Alternative Dispute Resolution ....... : ........................ : ............................................. 63 ARTICLE 17 CITY REQUIREMENTS ............... : .......................................... : ............................ 68 11.1 Compliance with Title 24 .......... : ......................................................... ;.: .................. 68 17.2 City"Reqilifed Disclosures ............................. ; ............. , ... ; .................................... ,68 17.3 Energy SaYing Deyices ......................................................................................... ,69 17.4 Rooftng Materials ........ : ................... ' ...................................................................... 69 17.5 Fencing Plan ................. : ................... , ...................................... : ............... : .............. 69 17.6 Noise Prohibitiol)s; Garages ... , ........ , .................................................................. : .. 69 17.7 Graffiti ReliloYal ............................. : .................. : ....... ; ..... : .................. : .................. 69 17.8 Maintenance ........................................................................................................... 70 17.9 Association's Failure to Maintain Certain .Areas .... , .... ; ........................... : ............. 70 17.10 Limitation on Amendment; :Notice to City ............ L ............................................. 70 ARTICLE 18 GENERAL PROVISIONS .............. ; ...................................................................... 71 18.1 Headmgs ............................................ , ........... , ............................................ ; ... : ...... 71 18.2 SeYerability ............. : ............. : ........................ :: ............................... , ...................... 71 18.3 CumulatiYe Remedies .................................................. : .. ; ..... , ................................ 71 18.4 Violations as Nuisarice .......................................... : ................................................ 71 18.5 No Racial Restriction ......................... : ......... : ......................................................... ?! 1~.6 Access to Books ................................................. : ........................ : ............. · ............. 71 18.7 Liberal Constructipn ..................................... : .................................................... : ... 71 18.8. Notification of Sale ofResidentialLot : ................................................................. 71 18.9 Number; Gender ................................................. : ................................................... 72 18.10 Exhibits ........ ;; .................................................. : ................................... : ................ :72 18.11 Binding Effect ................................................................ , ....................................... 72 18.12 Easements ReserYed and Granted .......................... : ............ , .................................. 72 18.13 Statutory References ....... : ........................................... ; ........ : ................................. 72 101205925.6 /_32544-00001 Toll./ Pinnae!¢ at Mooipark'Highlands CC&Rs yjj 38 i I I j i I ·I l I I I i I ' .I i ., I ' I ' i Exhibit "A" Exhibit"B" Exhibit "C" Exhibit ."D" Exhibit "E" Exhibit "F" 1 01205925.6 h2544-00001 Tol' 1 PinnMle at Moorpark Highlands CC&Rs EXHIBITS Legal Description of the Property Legal Description ofAdditionall'roperty Association Maintenance Areas Ll\1D Maintenanc.e AreaS Association Access Easement Areas Association Maintenance Responsibilities viii 39 j I l 1 1 J I I i ,I I i ;i I l I I j -i DECLARATION OF COVENANTS, CONDITIONS AND RESTRICT10NS . OF PlNNACLE AT MO()RPARKHIGHLANDS This DECLARATION OF COVENANTS, CONDITLONS AND RESTRICTIONS OF PlNNACLE AT MOORPARK HIGHLANDS ("Declaration") is made as of the 3rd day of.· August, 2010, by TOLL LAND XIX LIMITED PARTNERSHIP, a California limited partnership ("Declarant"); with ~eference to the facts set forth bel()w. ARTICLE! RECITALS 1.1 Property Owned by Declara11t. Declarant is the Owner of that certain real property C'Property") situated in the City of Moorpark, County of Ventura, State ofealifomia, more particularly described on Exhibit "A" attachecJ hereto and incorporat~d herein; · 1.2 Right toAnnex .. Declarant may add all or any ofthe-real property describ.ed in· Exhibit ''B" attached hereto and incorporated herem ("Additional Property") and. said Additional Property so aruiexed will thereupon be subject to this Declaration and become a part of the Property. 1.3 Nature_of Communitv. DeClarant_ intends to establish a planofplarmed.unit development ownership and to· develop the Property, including ~y. Additional Property which may hereafter be annexed thereto, as a planned qevc;:lopment within the meaning of California Business and Professions Code Section ll004.5(c) and California Civil Code Section 1351(k);to conform with the provisions· of the California Subclivided Lands Law (California Business and Professions Code Section 11000, et .seq.) and to subject the· Property to certain limitations, restrictions, conditions and covenal)ts .as hereinafter set forth, in accordance with the provisions of California Civil Code Sections1350, et seq. To that objective; Declar\jnt c:leslre.san~lil)tends to hnposeql) the Property certain mutually beneficial restrictions, limitations,. ~~s~ments, assessments and liens under a comprehen&ive plan of itnprovement and deye!opmentfor . the benefit of all of the Owners, the B,esidential Lots and the Association Property and the future Owners of said Residential Lots and Association Property. 1.4 Description of Community, The Community is part ofa master plan1led residi.mtial community commonly known as ''Moorpark Highlands:" , DeClarant intends to develop. the Community in multiple Phases~ The first Phase is planned to consist of six (6) ResidentiaL Lots. Ifgeveloped as pl1)nned, the Commupity will ultimately contain ol)e l:'lundred thjrty-two {132) Residential Lots, but Declarant makes no guarantee that the ()e>mmunity will be constrUcted as presently proposed. Each Owner of a Residential Lot will als() receiye an easemel\t for ingress and egress over the Association Property of the .Phase in' which the Residential Lot. is situated and within each other j>hase, if any, effective upon annexation and conveyance of the first Residential Lot iO each such Phase, subjeqt .to the terins and restrictions of the GoYerning Documents. Each, Residential Lot shall have appurteil.aJ1t to)t a mefJibership in the Pinnacle at Moorpark Highlands . Associ11tion, a California nonprofit mutuaL benefit corporation ("Association''), and the Moorpark Highlands Community Association, a California nonprofit .mutual benefit corporation ("Maswr AssoCiation"). · J0\20i925.6/ 32544,0QOOJ Toil/ P'inilacte afMoorpark Highlan4$ CC&Rs 1 1 .j . 1 ~~,...,...-~.,-~,.-~.c~~-="="·1~; ~'"'"~· ="---"'·"'>'1-;:m'i?.%~;.~,-.,.,,_;_ i • K. , .•. ;.->f"'c·_l'?.-;v•l'i'f'l~':::.~A( d;;;;;,,~.Ali•.>zy_~-~~Y·;; -~-·-'''f-· ;.'.,i,\".*'1*·· %'1'\.·.-·"·~l"?-:~~~N,~-----•'I''"";b,_.'<\·:-•V:-.R"--l'Ji'1:}"?.""$'-~:?·;-.-h9•7!'? 40 I I I I 1 I I i I I l I ! I ! I I I ! i •I i I -'l I DECLARATION Declarant, declares that the Property is, and sha!I be, held, conveyed, hypothecated, encumber~d, leased, rented, used, occupied and improved su~ject to. the following limita,tioris, restrictions, easements, covenants, conditions, .liens and charges; all of which are declar.ed and agreed to be in furtheranc.e. of a plan of ownership as. described in California Civil Code. Section 1350, et seq. for the subdiVision, improvem~nt, protection, maintenance, and sale of Resiqences within the Property, at1d all of which are, declared and agreed to be furthe purpose of enhancing, maintaini11g and protecting the value and attractiveness of the Property. AU of the limitations, restrictions; easements, covenants, conditions, lieps;arid·chilrges shall .run with the land, shall be binding on and inure to the berie'tit of all parties hliving or acquiring any right, title or interest in the. Property, shall be enforceable equitable servitudes and shall be binding on and inure to the benefit Of the successors-in-interest of such parties. Declarant further declares that it is the express intent that this Dedaration satisfY thtnequireinenis of California Civil Code Section1354. · · · · ARTICLE2. DEFINITIONS Unless the context otherwise specifies or requires, the terins defined in this Article shall, for all purposes of this Declaration, have the meanings herein specified. 2.1 Additional Charges. The term''A<!ditional Charges" means costs, fees, charges and expenditures, including without limitation, attorneys' fees, late charges, int~rest and recordingand .·filing fees actually. incurred by the Association in collecting and/or enforcing paymen.t of assessments, fines and/or penalties, · 2.2 Additional Property. Th,e term "Additional Property" means all of the real property described on Exhibit "B". · 2.3 Annexation. The term "Annexation" means the process by which the Additiona1 Prop~rty may be made subject to this Declaration as set forth in ARTICLE 15 of this Declaration. 2.4 Architectural Committee. The term "Architectural Committee" means the committee that may be ;tppointed by the Board pursuant to ARTICLE 9 of this Declaration. . . 2.5 Architectural Guidelines. The term "Architectural Guidelines" means the design criteria adopted by the Boardpursuant to ARTlCLE 9 offuis .Declaration. 2.6 Articles. .. The term "Articles" . means . the ArtiCles of. Incorporation of the Association, as they may from time to .time be amended, which are or shall be filed in the Office of the Secretary of State for the State of California. · 2. 7 Association. The term "Associ~tion" means the l>innade at Moorpark Highlands Association, a Calif6rnia nonprofit mutual benefit.corporation, its successors and assigns. 101205925.6/-32544-00001 Toll/ Pin.nac!C at Moorpark Highlands CC&Rs 2 41 I , 2.8 Association Access Easement Areas. The term "Association Access Easement Areas" means those portions of real property over which an A8$ociation Access .Ea8ement is gran4ld. · It is anticipated that the Association Access E~o;:ment Are;~& will include,:but not necessarily be limited to, private streets or roads that are plarined tQ be ~onveyed in fee to the Association as. Private Streets. The Association Access Easewimt Afe;~& for the firstPhase ofthe . Comml)nity are described on Exhibit ''E" attache() i)<lr~to. The Association Access Easement Areas for any subsequent Phase shall be as described in.a Sl)pplementaty Declaration. 2.9 Association Access Easements. The term "Association A.ccess Easements" · means those ease111ents granted to tlie AssoCiation from tilDe to time (if any) for pedestrian and vehicl!lar access, ingress and egress by the Association and its Memb~rs. · 2.10 Association 'Maintenance Areas .. ·The term "AssoCiation .• Maintenance Areas" means those· portions ·ofResideritial tots that the:: Association is~bligated .to maintain. pursuant to ARTICLE. 8 of tl)is Declaration and consists of Slope Mailltenance.Aieas, certain walls anQ!or fenCing and such additional Improvements on Residential, Lots as may. be designated for Association maintenance pursmmt to ARTICLE 8. The Association Maintenance Areas in the frrst Phase, if any, are, described ,and/or . oepiCted on E~hibit."C" !)ttached: hereto: T'he Association JV1ainterian,c!l Areas for any subsequent Pliase shallbe described and/or depl¢t!ld in a Supplementary Declaration. · · 2.11 As~ociatioi!Maintenance Mannal. . The term "Association Maintenance. Manual" ineim,s the man,ual. that niay be prepared by Declarant or its c()nsl!ltants and provided to the .Association, specifying obligations for maintenance of the A,ssociation Maintenance Areas, OffsiteMaintenance AreaS and Association Property, as updated and amended from time to time. 2.12 Association Promlrtv. The term ''Association Property~' means alL the ~eal property owned.froni time.:to-time in fee tide by the AssoCiation. The. Associatio!iProperty in the first Phase of ihe Community shall consist. of the real property, if any, identified as Association Propert)r on Exhibit "A." The Association Propert)r in subsequent Phases shall be described in a Supplementary Declaration. · ;2.13 Association Rules.. The term "Association Rules'~ means the rules and regulations adopted:by the Board from time to time. 2;14 Board. The term "Board" means the board of directors of the Association. 2,15 Budget. The term "Budget'' means the budget for the Association which sets forth all of the Common Expenses to be allocated among all Owners. 2.16 Bylaws. The tenll "Bylaw~" mearis the bylaws ofthe Association, as they may be amended from time to time, that areor shaH be adopted by the :Board. 2.17 Capital . Improvement Ass.essments. The term "Capital Improvement Assessments" mearis the assessments that are levied pursuant to the provisions of Sectio.n ·6.5 of this Declaration. 2.18 City, The term "City" refers to the City ofMoorpark, California. 101205925.6/ 32544~00001 TOll/ Pfnnacle at Moorpafk Highlands CC&Rs 3 42 -:\ I 2.19 Cmnmon Expenses. The term "Common Expenses" refers to the actual and estimatep costs and expenses . inc\Jrred or to be ·incurred by the Association or the Board includin!l; without limitation, the following: · 2.19.1 maintenance, managc;oment, operation, repair ancl replacem~nt of the Association Property, Association Maintenance Areas, Offsite Maintenance Areas and any. other areas within the Property and any Improvemenis located thereon which are require<l to be maintained by the Association .under this Declaration; · 2.19.2 due but unpaid assessments; 2.1903 c.osts of ry~anagement and administration of the AssoCiation, including; without limitation, compensation paid by the Associa:tion to managers, accountants, attorneys, architects and employees; · 2.19A the costs ·of any utilities, landscaping and other services• benefiting the Owners and their Residential Lots to the extent such serviqes are paid for bythe Association; 2.19.5 the costs of fire, casualty, liability, worker's compensation and other insurance maintained by the Association; 2.19.6 reasonable reserves as deemed appropriate by the Board or otherwise required pursuant to the Governing Documents; 2.19.7 the costs of bonding ofthe.membei's ofthe Boar<\. and any professional managing agent or any other person handling the funds of the Association; · 2.19.8 taxes paid by the Association; . 2.19 .9 amounts paid by the Association for. the disch¥ge of any lien or encumbrance levied against the Association Property, Association Maintenance Areas, Offsite Maintenance Areas or portions thereo:f; · 2.19.1 0 costs incurred pursuant to the. Cost Sharing Agreement; 2.19 .. 11 costs incurred by any comrnittees of the Association; and 2.19.12 other expenses incurred by the. Association for any reason whatsoever in connection . with the operation and/or· maintenance of the A.ssociation Property, Association Maintenance Areas or Qffsite Maintenance Areas or .in furtherance of the purposes or the discharge of any obligations impqsed On the Association by the Governing Documents. 2.20 . Commnnitv. The tenn "Community'' means all of the Property, together with all Improvements situa:ted thereon. 2.21 Cost Sharing Agreement. The tenn "Cost Sharing Agreement" shaH mean that certain Cost Sharing Agreement recorded in the Office ofthe County Recorder, pl!rsuant: to which the owner of, or homeowners association for, real property adjacent to the Property is (i) 101205925.61 32544-00001 4 Trill rPinnacl~ at Moorpark Highlands CC&Ib . 43 J ' ' I I I I I I I granted an easement for a.ccessover :Parcel A of the Final Map and fuose portions of Lots 10 and 11 of the Final Map depicted thereop as "PROPOSED PRIVATE STREET EASEJ\1ENTTO BE GRANTED TO THE ADJACENT LANDOWNER BY SEPARATE DOCUMENT," atid (ii)-ol:Jligated to share m the costs of maintaining the hnprovements located therein: -- 2.22 County. The term "County" means the County of Ventura, California. __ 2.23 _Cross-Lot I>rabiage .Facilities.-The tertn "Cross-Lot Drainage Fadlities" means those certain subterranean and/or surface area drainage facilities installed by Declarant within the Residential -Lots and/or Association Property-to provide drainage _for the Community. The approxiinate locatiops of Cross"Lot Drainage :-'facilities (ifany)_sha11 be described in a Slipplementilry Declaration, which may be further modified or supplemented by Supplementary Declination. --- 2:24 Declarant. The_ term "Declariinf' means TOLL LAND XIX_ LIMITED P AR1NERSIDP, -a _California _limited partnership; _and_ its successors S!ld assigns, if .such successors and assigns acquire any or all ofl)eelarant'sinterest in_the Property forthe_purpo~e of purchase or sale and DeclarS!lt has. expressly transferred or assigned. to such successo~s or assigns its rights and duties as.De.clarant to all or any portion ofthe Community. -For any successor or assignee of "Declarant'' to be dee!Tied a Oe?larant -under the terms of this Declaration, I>eclar11nt shall record-in. the County a certificate so designating _said successor or assignee as Declarant. A successor Declarant shall also bed~ell!ed to include the beneficiary unMr any deed oftrust securing ap ol:Jligation from a then existing Declarant encumbering all or any porti(l!l of the Property, which beneficiary has acquired any such property by foreclos)lre, power of ~ale or deed in lieu of such foreclosure or sale. Declarant is a. ''Merchant .Builder'' pursuant to Article II, Section 26 of the Master Declaration. 2.25 lleclaration. -The_ tel1n ''Declaration'' means this Declaration of Covenants, Conditions and. Restrictions of Pinnacle at Mooryark Highlands,-as said Declaration may from time to time be amended or supplemented. · · · 2.26 DRR The term "DRE" means the California Department ofReal Estate. 2.27 Eligible Holder, The term "Eligible Holder" means any First Mortgagee :who has given written notice to the Association sp.ecifying the nSJTie .and address of the Residential Lot subject to the. Mortgage imd requesting written notice of any or ali of the events specified in this - Declaration. · 2.28 Enforcement Assessments. The term "Enfor~ement Assessments" means the assessments that are levied pUrsuant to the provisions ofSection 6.6 of this Declaration. 2.29 Eguestrian-Lots. The term: ''Equestrian Lots" means Lots 1 through 37, inclusive, of the Final Map. 2.30 Fencing Exhibit The term "Fen¢ing Exl:Jibit" meanstbat portion of Exhibit "F" that designates the location an:d type of fences and wall~ in the Community that are plimned to be maintained by the Association .. 101205925.6/ 32544~00001 Toll/ Pinnacle at MoorPark Highlands CC&Rs 5 44 i j I 1 1 I I ·' ·! 1 I I ., I I I I ' I I ' 2.31 .Final Map. The te!Til "Final Map" means the final subdivision or pared map covering the Community. 2.32 First M~rtgage. The te!Til "First Mortgage" mea11s a Mortgage that has priority under the recording statutes of the State of California over all other Mortgages encumbering a specific Residential Lot in the Community. 2.33 First Mortgagee. The teiTil "First Mortgagee".means the Mortgagee of a First Mortgage. 2.34 Fiscal Year .. The tern\ "Fiscal.Year'' me.ans the fiscal accounting a11d reporting period ofthe Association selected by the Board. 2.35 Governing Documents. The tern\ "Governing Documents" means, collectively, this Declaration, the Articles, Bylaws, Architectural Guidelines, the Association Rules. and all Supplementary Declarations (if any). 2.36 Hmneowlier~. Maintenance Manuat . The teiTil ''Homeowners Maintenance Manual" refers to the manual that may be prepared by Declarant or its consultants and provided to each Owner, specifying obligations for maintenance of the Residential Lots and Residences by the Owners. 2.37 Improvements; The te!Til "improvement" or ''Improvements" means (i)aU buildings 'and structUres aud appurtenances thereto ·Of every .type and kin(!, including without limitation, Residences and other buildings, oU:tbul14iilgs, guatdhouses; walkways, trails, utility installations, swimming pools and other recreational facilities, garages, carport.s, roads, sidewalkS, walkways, driveways, patking areas, fences, scree11ing walls,· block walls, retaining walls, awnings, patio and balcony covers, stairs, (leeks, balconies, trellises, landscaping, irrigation systems; hedges,. slopes, windbreaks, the exterior surfaces of any visible structure, paintings, planted trees and shrUbs, antenn~e, poles, signs,solarqr W),rid powered energy systems or equipment, and water softener, heater or air con4iiioning and heating fixtures or e<julpment; (ii) the grading, excavation, filling or similar dist1Jrbance to. the surface of the land including, without limitation, change of grade, change of· ground ·level;· change· of drainage. pattern or change of stream bed; landscaping, planti11g, clearing or removing of trees, shrubs, grass or plants; and (iii) change or alteration of any previously installed Improvement including any change of exterior appearance color or texture. 2.38 Institutional Mortgagee. The term,' "Institutional Mortgagee" means (i) a First Mortgagee that is a bank; savings and loan association, insurance ()r mortgal!e company or other entity or institution charte~ed under federal and/or state law; (ii) an insurer or governmental guarantor of a FirSt Mortgage; (iii) a First Mortgagee that is a Federal or State Agency; or· (iv)any other institution specified by the Board in a recorded ins!rurnent, thatisthe Mortgagee of a Mortgage or the beneficiary ofa deed of trust encumbering a Resi4ential Lot. 2.39 Invitee. The te!Til "Invitee" means any person whos~ presence within the Community is approved by or is at the request of a particular Owner, including, without limitation, tenants and the family, guests, employees or licensees of Owners or tenants. 101205925.6/ 32544-00001 Toll I Pinnacle at Moorpil.rk Highlands· CC&Rs 6 45 j 1 I ! ·I l ., I ' i I I I i I I I \ 2.40 Landscape Maintenance District. 11ie t~rm '.'Landscape Maintenance District" means that certain district formed by the City to perform maintenance of the lanqscaped areas within .the LMD Maintenance Areas. · . . 2.41 Lirie of Sight Area. The term "Line of Sight Area" meru1s those pmtions of the · PropertY, If any, that ani designated on the FinalMap as "PROPOS1lD EASEMENT FOR LINEOF SIGHf PliRPOSES TO BE GRANTED TO THE HOMEOWNERS' ASSOCIATION BY SEPARATE DOCUMENT." . . 2.42 · LMD Maintenance Areas. The term ''LMD M~intenance Areas" means those portions of the Community designated by the City for maintenance by the Landscape Maintenance · Di.strict and described 011 Exhibit "D". · Such areas may .include, but. not necessarily be liinitedto, slope iandscape areas and. a public hikhig imdequestrian trail. 2.43 Lot. The term ''Lot" refers to a lot shown on the.FinalMap. Ifihe boundaries of a Lot have been adjusted in conipliance.with the California Subdivision MapAct, the terni "Lot" shall mean the Lot as so adjusted . . 2.44 Maintenance Obligations. • The. term "Maintenance Obligations" means ·the Association's .obligations and each · Own.er's ·· obligations to per.:frinri (i) all ·reasonable maintenanCe consistent ·with·· the terins of the . Homeowners Maintenance Manual, ·.and the Association Maintenance Manual, respectively, any maintenance. obligations and schedules in any waminty offered by Declarant or any manufactUrer, and any maintenance obligations and schedules otherwise provided to the Association or the Owners by Declarant or imy manufacturer, as· applicable; (ii) any commonly ·.accepted. maintenance practices. int~nded to prolong the life .of the materials and <ionstruction ofthe Al.sociation .Pfoperty and Residential Lot as applicable ill the area to be maintained; and (iii) any maintenance obligatio11s and requirements set forth in this Declaration as updated and amended from time to time. 2.45 .Master Architectural Review Committee. The term ''Master Architectural ReviewCommittee" refers to the .architectural n;view conimittee estab!ishedpursuant to the · Master Declaration. 2,46 · Master ·Association, Highlands CommunitY Association, successors and assigns. The term "Master Assbciation" means the Moorpark a California nopprofit mutmil · benefit corporation, its 2.47 Master Declaration. The .. terrn "Master Declaration" means that certain Declaratism of Covenants, Conditions and Restrictions ahd Grimt of Easements of Moorpark Highlands Coinmunity Association (Tentative Tract Map No.S045)·recorded.iti.the0fficeof the County Recordt:r of Ventura Councy on October 1, 2005, as InstrumentNo.2005l101c0268Q38, as aniended by that certain Amendment to Covenants, Conditions an<! Restrictions. and Grant of Easement.s of Moorpark Highlands Community ASSociation recorded in the Office ofthe <;:ounty Recorder of Ventura County on April '11; 2006, as Instrument No.' 20060411-0077116, and any additional amendnients and/or supplements thereto. l0l205925.'6l 32544·00001 7 Toll/ PinnaCle at MOorpaik :Highlands: CC&Rs 46 i 1 1 I I ;'J 1 i J ' i l I l I 1 ·I 'I i I I i I ! 2.48 Member. The· term "Member" means every person or entity who holds a membership in the Association. . 2.49 Mortgage. The term "Mortgage" means a recorded mortgage ordeed of trust encumbering a ResidentialLot in the Community.· 2.50 Mortgagee. The term "Mortgagee" me~s a mortgage~ under a Mortgage as well as a beneficiary under a deed of trust. . 2.51 Notice and Hearing. The term "Notice and Hearing, means the procedure that gives an Qwner notice of an alleged violation of the Governing Documents and the opportunity . for a bearing before the Board. 2.52 . (}ffsite Mahttlmance Areas, .. The term "Offsite Maintemmce Areas" means those areas located outside of the Community that are. to be maintained by the Association as provided in this Declaration. No Offsite Maintenance Areas are currently planned for the Community. However, should there be any Off;,ite Maintenance Ateas, they shall be as described and/or depicted in a Supplementary Declaration. · 2:53 Operating Rules. The term "Operating Rules" refers to tl:)ose As.sociation Rules that constitUte an operating rule under Civil Code Section 1357.100, et seq. 2.54 Ow~er .. The term "Owner" means the record owner, whether one or more persons or entities, of any Residential Lot; includipg Declarant, but excluding those having such interest merely as security for the performance of an obligation. · 255 . ParkwaJiLandscaping. The terin "Parkway Landscaping" means thatportion of a Private Streettbat lies between the curb and the sidewal!<: and is to be maintained by the Owner of the adjoining Lot as provided 'in ARTICLE 8 ofthis Declaration. 2.56 Person. The term . "Person" means a natUral individual or any legal entity recognized under Califomi~ l&w. When the word ·"person" is not capitalized, the word refers only to natural persons. 2.57 Phase. The term "Phase" means that portion of the Property which is the subject of a separate Public Report issued by the DRE and which has been made subject hereto (i.e., by annexation with respect to Phases subsequent to the first Phase). 2.58 Polhition Control Devices. The term "l'ollution'Control I>evkes" means those devices installed within the Community to satisfy storm water pollution control requirements. 2.59 Private Streets. The te:ntt "Private Streets" ineans tho$e streets, rqads, drives atid adjacent sidewalks within the .Association Pmpert)', and all relateq street lighting, private drainage, Pollution Control Devices (if any) and· other utility installations withil) such streets, roads, drives or .sidewalks that ani tiot maintained by a public agency or franchised utility. 101205925.6/ 32544·00001 Toll/ Pinnacle at Moorpark Highlands CC&Rs 8 47 :i I l 1 I I I .I !I I .] 'I I ' 2;60 Pronerty. The terni ''Property" m¢1ins all of the real property described in Exhibit ''A" of this Declaration, and such Additional Property 'as ;nay hereafter be made subject , to this Declaration. 2.61 Public Report The term "Publjc Report" meatl.s the Final Sub<!ivision Pijblic, Report issued by the DRE fora Phase in the Community, as the same may be amended from time to time. , 2.62 , Regular Assessments. , The term "Regular Assessments" means the assessments that are levied pursuant to the provisions of Section • 6.3 ofthis Declaration. 2.63. Residence. The, term "Residence" means each res.idential dwellittg situated wiihin a Residential Lot. ' ' 2.64 Residential Lot. ,The term "Residential Lot" ·means· each legally subdivided lot upon which a Residence has been pr is permitted to be constructed. 2.65 Restricted Use Areas.' The term "Restricted Use. Areas" means those portio~s of Lots 1 through 10, 37 through 45 and 94 through 97 ofthe.Final Map that are designilt~d as "RESTRlCTED UsE AREA" on the Final Map, within which the City has !\!<night to restrict the erection ofhabitable buildings or other structures. 2.66 Slope Maintenance Areas. The term "Slope·Maintenance Areas" means thos.e certain slope and drainage areas, including ariybnpmvements therein, located on Residential , Lots which the Association is· obligated to maintain· pursuant to ARTICLE 8. The Slope Maintenarice Areas in the first Phase ?re shown and/or described on Exhibit ''C", ·The Slope Maintenance Areas for any subsequent Phasli shall be shown and/or described in a SupplementarY Declaration. · 2.67 Special Assessments. The terin "Sp~ial Assessments" means the assessmel).ts that are levied pursuant to the provisions ofSectiini 6.4 of this Declaration. . . 2.68 Supplementary Declaration., The. terin• "Supplementary Declaration" means those certain declarations of covenants, conditions and restrictions, or similiu-instruments, which may do any or all of the following: (a)annex all or a portion of the Additiona!Property and/or designate Residential Lots as a Phase; (b)identify areas referencect.in this. Declaration to be maintaine,d by the Association; (c) make • silch other. complementary additions and/or modifications necessary to r~flect th.e different character .ofthe Additional Property; (d) impose additional covenants and restrictions on the Additional Property; and/or (e) make co.rrections to the provisions of this Declaration.or previously recorde.d Supplel)lentary Declaration(s). 2.69 Voting Power. The term "Voting Power'' refers to the voting. power of the Association as set forth in Section 5,2 of this Declaration: ·10_1205925.6/ 32544~1 Toll/ Pinnacle at Moorpark Highlands CC&Rs 9 48 ! .! .i I I I I I I I ARTICLE3 OWNERSHIP AND EASEMENTS. . . 3.1 Ownership of Residential Lots ... Ownership of each Residential Lot within the Community shall include the following: (a) fee title to a Residential Lot; {b) a membership. in the Associi!tioni (c) a membership in the Master Association; and (d) subject to the terms of the Governing Documents, any _exclusive or non-exclusive. easement or easeJ)lents appurtenant to such Residential Lot over the Association Property as described in this Declaration and the deed to the Residential Lot. · ' . 3.2 No Separate Conveyance·. The interest of each Owner in the use and benefit of the A~sociation. Property shall be· appurtenant to the Residential tot owned by the. Owner. No Residenti!il. Lot shall be conveyed by the O~er separately from the right to. use the .Association Property. Any conveyance of anY Residential Lot shall automatically transfer thdnterest in the Owner's right to use the Association Property as provided· in this Declaration .without the necessity of expr~ssrefere)ice il1 the instrument of conveyance. · 3.3 Delegation of Use. Any O~er entiiled to the right and easement of use and enjoyment of the Association .PropertY may deleg~te. such, Owner's. rights provided in this Declaration to use !l!ld enjoyment of the Association Property to his or h~r othertenants, contract purchasers or subtenants who reside in such Ownet'sResidentili.lLot, subject.to te.asonable regulation by the Board. An bwner who has made such a delegation, of rights sha)! not be entitled to use or enjoyment of the Association Property for s() long as such delegation remains in effect, other than such access rights :as are directly related. to ,the bwrtei-'s rights and duties .as landlord. · . . 3.4 Easements. The ownership interests in the Associaiion Property .and Residential Lots; and. each Owner's right of ingress and egress over the Association Property describe<\ in this Article are subject to the easeinents.and rights:ofthe Association granted and reserved in this Declaration and the other Governing Documel}ts. Each of the easements reserved or granted · tinder this Declaration shall be deeined. to be establi~hed upqn the recordation ofthis Declaration and shall henceforth ·be deemed to be ?dven!jnts running with the land for the use and_benefit of the Owners, the Residentiill Lots, the Association.and the Association Property sup9iiorto all other encumbrances applied against or in favor of any portion of the. Coinmunity. Individual grant deeds to Residential Lots may, but shall not. be required to, set forth the easements specified in this Article. · 3.4.1 Declaration and Community Subject to Easements .. Notwithstanding anything herein expressly or impliedly to the contrary; this Declaratiori:and the Community shall be subject to all easements and rights-of-way shown on the Final Map and all other easements of record. · 3.4;2 Utilities .. There are reserved and granted forthe benefit of the Residential Lots and the AssociationProperty, over, un4er, acros~ andthrough thePrp]ierty, reciprocal, non- exclusive easements for the maintenance, repair and replacementofthe utility facilities pursuant to this Declaration. 10l20592S;6/ 32544.-00001 Toll/ Pinnacle a:t MoorJ)ark Highlands CC&Rs 10 49 I 3.4.3 .Encroachment; There are hereby reserved and granted for the benefit of each Residential Lot and the Association Property over, und~r, across and through the Property, reciprocal, non-exclusive ease)llents for encroachment, support, maintenance, rep.ah:, occupancy and use of such portions of the Residential Lots ·and! or. the Association Property as are encroached upon, used or. occupied as a result of any origiral construction design,. accretion, erosion, addition,. deterioration, decay, errors in origimil construction, moyeinent, settlement, shifting orsubsidence of 1\ny building, str]lcture, or other itnpl'ovements or any portion th~reof; or any other cause. In the event an:Y portion ofihe <;oinr!lunity is partially or totally destroyed, the .. encroachment eas.ementshall exist for any replacement structure that is rebuilt pursuant to the original construCtion. design: The easement for the •. l)l(l,intenance . of the encroaching improvement shall exist for asJong as the encroachm.ent exists; provided, however, tliatno valid · easement of encroachment shaii be created due to the willful tnlsqondnct of the. Association. or any Ow11erc Any easement of encroachment may; but need not be, cur~d by repair and restoration o:fthe structure. · · · · · 3.4.4 Association Easement. The Associati~n shall have an eru>ement over the Property, including, without limitation, all Association Maintenance Areas and Line of Sight Areas, for performing its duties and exercising its powers described in .the Governing bocuments, and for performing repairs or maintenance .nor performed ·by an Owner pursuantto the terms of this Declaration. 3.4.5 Easements for Association Property. Subject to the provisions ofthe Governing Documents, including the rights of.the Association .described below; every Owner shall have, for hhnselfor herselfimd such Owner's invitees, anqncexchisive easementofaccess, ingress, egress, use and enjoyment of, in, to and over the Association Property. . . . . (a) Suspend Rights ofMembers .. The Association shall have the right, after Notice and Hearing, to temporarily suspend an Owner's rights as a Member pursuant to the terms of this Declaration. · (b) Dedicate or Grant Easements. The Association shall have the · right, without the consent of the Owners, to dedicate and/or grant ea5ements over all or any portion of the Association Property. (c) Control Parking. Subject to the provjsions qf this. DeClaration, the Association .shall have the ilght to 'Control·parking within the Association Property and to promulgate rules and regulations to control parkingin a .manner consistent with this Declaration. 3.4;6 Easements for D~ainage and Runoff. Each Residential Lot shall have. an easementfor drainage through the establ.ished drainage piJ?es ardJacUities and an easement for. runoff of surface water on, over, through and across the other Residential Lots' Such easements shall be subject to the restrictions set forth.in Section 7.13; 3.4.7 Easement to Declarant.. Declarant shall have and hereby expressly reserves the easements necess\lTY for Declarant and its .agents, employees and independent contractors to exercise DeClarant's rights set forth in ARTiCLE 10 of this Declaration and to perforin its obligations under any warranty provided by bedarantto an Owner. 101205925.6/ 32544-00001 Toll/ Pinnacle at M:ooipark Highlands CC&Rs ll 50 I I ·I 1 1 il I I I j I I ' ; . ' I l 3A8 Easement to Landscape Maintenance DiStrict. ·An easement has· been dedicated to the City oil the Final Map over the LMD Maintenance Areas ·for the Landscape. Maintenance District to maintain such areas. . 3.4.9 Easements t() Master Association. Portions of certain Residential. Lots are· or . .will be S!lbject to easements in favor of tbe Master Associatimi.for maintenance of the "Maintenance Property" lo.cated thereon; as described in the, Master Declaration. 3.4.1 0 Easements to Owners fodarkway Maintenance~ The Owner of each Residential.Lot shall have ail. easement over the adjoining Private Street(s) for maintenance of tbe Parkway Landscaping that adjoins such Owner's Residential Lot. . . ' . 3.4.11 Cost Sharing Agreement. ParcelAand portions of Lots 10 and 11 of the Final Map are or will be subject to certain non-exclusive easements for access, as set forth in the Cost SharingAgreenient. · · · 3.5 Light. Air and View, No Ow11er shall have an eruiement for light, air or vio::w over .the Residential. Lot of another Owner :and no dimitmtion of light, air or view by any Improvement now e:J{isting or hereafter erected shall entitle tbe Owner or any {Ilvitee to claim any easement for light, air or view within tbe Community; 3:6 Right of Access. Every Owner.shallhave tbe right to enjoy free.and unobstructed passage between every such Owner's Residential Lot, through tbe Association Property to ail publicly. dedicated streets bordering .the Communi!)', subject to any re*ictions imposed by any. city, county or state and subject to any reservations in the deed, map and Governing Documimts. 3.:7 . Association Right of Entry. The Assticiati<)nandtbe Association's agents shall have. tbe right to enter upon the Residential Lot as setforth in Section 4.3.4 of this Declaratimi~ 3.8 . Association Access Easements. J.:lvery Owner shall have tbe right, as) Member of tbe Association, to use all AssoCiation Access Easements,. subject to the. limitations and restrictions contained in the instruments conveying such easements to the Association. 3.9 Cross•Lot Drainage Fadlities. There is hereby reserved by Declarant and granted to each Owner of a Residential Lot upon whichCross-Lot Drainage Facilities arelocated · a non•exclusive reciprocaL easement over these portions of such Residential Lots for the purpose of (a) drainage through ~e Cross-Lot Drainage Facilities, and (b) peifoJ'lltillg Maintenance Obligations ontbe Residential Lots only as required under Sections 7.13 imd 7.14 of this Declaration. 3.10 Association Maintenance Areas .. There is hereby reserved by Declarant and granted to the Association and its duly auth\)rized agents and representatives such easements as are necessary over the Residential Lots upon which Association Maintenance Areas are located for the maintenance of such areas. · l0!2Ci5925.6/ 32544~00001 Toll/Piriilac\e at. Moorpark Highlands CC&Rs 12 51 i .:J .I I I •! i \ I I I ! .i I AR.TICLE4 THE ASSOCIATION 4.1 The Organization. the Association is a nonprofit mutual benefit corporation forrned under the Nonprofit Mutual.Benefit Law of tlie State of Califot:nia. On the conveyance of the first Residential Lotto an Owner under a !'ublicReport, the Association shall be charged withthe duties .and given the powers set forth in the Governing Documents. 4.2 Association Action; Board of Directors and Offi~ers; Members' ApprovaL Except .as to matters requiring tbe approval . of Members as set forth in the Governing Documents, the affairs of the Association shall be ccindllcted by the Bi>f!!d and such .officers as the Board may elect or appoint. Such election or appointtl'lent shaU he in acpordance withthe Governing Documents. Except ns otherwise provided in this Declaration, the Articles and the Bylaws, all matters requiring the approval ofMePlb~is Shall be .deemed. approved if (!)Members holding ;t!Uajmity of the total VotingPower consent to them in. writing as provided in the Byhiws; (ii) such matters are approved by a majority yote of aql!Ol'\lp! ofMembers at any reg!llar or special p!Ceting heldin accordance.with the Bylaws w:, (iii} in c.ertain situations set forth in Section 4.4.5 ofthis Declaration, such rmitters as are appr.oved in accordance with Section 4.4~5. 4.3 Powers of Association; • The Association shallhave all tlie.powers of a nonprofit corporation organized under the Nonprofit Mutual Benefit C()rpi>ratioll Law of California subject only to. such limitations on the exercise of such. powers as are. set forth in the Governing Documents. It shall haye the power to do any lawful thingthat n~a:y be li1.1thorizea; required, or pei'rnitted· io be done by the· Association under the Governing Dociunents, and to do and perform any actthat may be necessary or proper for or incidental to, the e,xercise of any of the exj>ress · powersof the Association, including, without limitation, 'the powers set forth below. Notwithstanding the foregoing, the Association shall not undertake ariy of the activities described in Se~tion 4.5 below. · 4.3.1 Assessments. The Association shall have the powerto establish, fix, and levy assessm~nts against the Owners and to enforce payment of such assessments, in accordance with the provisions oftheGoverrilngPocuments. 4.3.2 Right ofEnforcemertt.The Association; In its own name and oiJ its own behalf, or on behalf of any Owner who consents, can conimence and maintain. actions for damages orto restrain and enjoin any actuai or threatened breach. of any provision of the GovemingDocqments or any resolutions ofthe Board, andtci enforce by mandatory injunction, or otherwise, all of these provisions. In additiol;l, the Association can.(emporai'ily· suspetid the membership tights· and privileges· and/or cah assess· ~nop.etary penalties ~gainst anY Owner or other person entitled to exercise such rights or privileges for any: violation of the Governing Documents cir Board resolutions in accordance with the proceaures set forth jn this Declaration and in the By laws. · 4.3.3 Delegation of Powers; PrOfessional.M.iriageiUent; The Association may delegate its powers, duties, and ·responsibilities. tci conilllittees .or employees, induding a professional managing. agent as requited in Section 4A.l4, subject to .the requirements of Section 4.6. 101205925.6/ 32544·0000! TOll/ Pinnacle at Mooi'park Highlands CC&Rs 13 52 l I .. • I I 'I I .I .! I I :1 I .\ i 1 I I l 4.3.4 .. Right of Entry a:nd Enforcement; The Association sha:Il have the power and right (but not the obligation), in accordance with the provisiol!s ofthis Declaration, to enter in or on to. any of the Association Maintenance Areas and, upon atieast twenty~four (24) hours' notice, the right to erter in or onto any other portion ofthe Residential Lot, without liability to any Owner, for the purpose of enforcing any of the provisions of the Governing DocumentS; provided, however, that in the event that there is an emergency, the ;igents. and representaiives of the Board)llay enter such Residential Lot immediately and withoutnotice.forihe sole purpose of taking such action as is necessary under the Circumstances, . l!i no event, however, may .the Association enter int<) the. interior of any Residence.· Any damage cause4 by ~n entry by the Association pursuant to the provisions of this Section shal)be repaired by the Association. 4.3.5 . Easements and Rights of Way. The Association may· grant and convey to any third party easements and licenses .for use and righis of way in; on, over or under, any · Association Property in accordance with the provisions of this De.claration. The affirmative vote of Members owning at least fifty-one percent. (51%) of the Residential· Lots s)lall he required before. the Board may grant exclusive. use of any portion of the Association Property to anY Member. unless the grant ofexclusiveuse. is one of the exceptions to the. Jyletiiber approval requirement listed in California Civil Code Section 1363.07, A vote on a proposed grant of exclusive use shall. be by secret ]:)allot ill accordance with the procedures. set forth in California Civil Code Section 1:363.03 imdthe rules adopted·by the Board pursuantthereto; 4.3.6 . Dedication. The Association may. dedicate any of the Association Property to an appropriate public authority for public use as provided for.ii1 this Declaration. 4.3.7 . Capital Improvements. Subject to the terms of this Declaration, the Association. may approve tlw construction, installation or acquisition of a. particular capital· improvement to the AssoCiation Property and/or Association Maintenance Areas. · 4.3.8 Personal Property. The Association may,acquire and hold, as trustee for the benefiJ of its Members, tangible and intitOgible personal property and to dispose of the same by sale or otherwise, subjectto the limitations set forth. in Section 4.5 below. . 4.3.9 Enter into Subsidy or Maintenance Agreements: The. Association shall have the power to enter into maintenance or :subsidy agreements With Declarant. 4.3.10 Contract for Goods and Services. The Associiltion shall have the poVIer to contract for goods and services for the benefit of the Association Property,· Association Maintenance Areas and/or Offsite Maintenance Areas. (if any). and the Commi!Dity that are necessary for the Association to perform its. duties and obligations hereunder; subject to the limitations set forth in Seetion 4.5 below. 4.3.11 BorrowFnnds. The Association shall have the right to borrow ll1oru;yto improve, repair or maintain the. Association· Property, Association Maintenance Area.s and/or Offsite Maintenance Areas {ifany) and to hypothecate any or all real or personal property owned by the Association, including pledging as collateral the assessment liens levied thereon, provided that the borrowing of any money or hypothecation of any real or versonal property in excess of 101205925.6 {· 32544-00001 Toll 1 Pinnacle at Moorpark Highlands CC&Rs 14 53 i I I :.1 'I i I I :.1 I i I i I five percent (5%) of the budgeted gross expenses of the Association shall require the approval by written ballot of a majority of each classbfMembers. · 4.3.12 Rights Regarding. Title Policies; If any title. claims regarding the Ass.ociation Property and/or. Association M~intenance A~eas ¥e inade by any third partY; the Association shall haxe the power to pursue such claims on any .title insurance policy held by the Owners or .the Association and eachOwner h~reby delegates, on a non-ex¢ltisive basis,. and assigns to the Association any rights it may have under jts title insurance policies to the extent that the title claim relates to the Association Property, Associa.tion Maintenance Areas and/or Offsite Maintenance Areas. . 4.3. 0 Claims. and Actions. . Subjectto the provisions of this Declaration, the Association shall ha:ye the power, but not the duty; .to initiate, defend, settle, release. or intervene in mediation, arbitration, judicial or administrative proceedings on behalfofthe Association in matters pertaining to(a) the application or enforcement ofthisOeclaration and {b) damage to the Association Property and/or Association Maintenance Areas; provided, however, that no representative of Declarant on the Board shall vote on. the initiation. of any claim under California Civil Code Section 895 et seq., such that from and.afterthe.first eleetion 9fdirectors in which Class A Members of the Association participate, ])eclarantshall have no contr.ol over the Association's aoility to decide whether to initiate a Claim under such statutory pr?visions and i.n the event of such a vote; the affirmative vote ofth~ two non"Declara.nt repres~ntatives on the Board shall be binding so long as .a quorum of the B9ard ispresentat.any meeting where such vote is tak:en. The ASsociation and not the individual Members shall have the power to pursue any claims or other actions usin~ the non,advetsarial pr~cedm'es for defects in the Association Property and/or Asso.ciation Maintenance Areas setforth in ~'rlc:LE 16 of this Declaration. The Association shall comply with such non-adversadal prbced.ures in bringing any such actions or claims. Any recover)' by tlie Association with -respect to any. diumige to or .defect in the Association Property shall be utilized solely for the PUTP?Se of paying f9r the actual and reasonable costs of obtaining the recovery and for correcting sucll da:inage or defect 4.4 Duties of the Association~ In addition to the powers described. above, and without limiting their generality, the Association has the obligation to perform each ofthe duties· setforth below. 4.4.1 Association Propertv and Association Maintenance Areas. The nature, design, quality and quantity of all Improvements to theAss()ciation J;'taperty and the AssoCiation Maintenance Areas. shall be determined by Declarant, in its sole discretion. The Association shall accept any AssociationProperiy and Improvements situated thereon and any easements over the Associatio.n Maln.temince. Areas· conv~yed by Declarant and/or created under this Declaration and shall maintain, operate, and otherwise .maria:ge all M the Improvements situated on the Association Property ~nd Association Maintenance Areas, and, all personal property 11cquired by the ASsociation in. accordance with the terms and provjsioris of this Decl:\ration. The Board. shall periodically revJew the nature and scope •. of the· operations of the. Association to assure such operations are in satisfactory compliance with the requirements of the Governing Documents. Intbe event that adispute arises between Declarant and the Association with respect to the nature, design; quality or quantity of such Improvements, or the. acceptance of maintenance responsibilities therefore, the Association shall be obligated to accept title to the !01205925.6/ 32544-00001 Toll I Pinn~cl~··a't Moorg.;,rk HighlandS CC&Rs 15 54 Assoq\ation PropeJiy and any easements oyer the Associati~nMaintenance Areas and undertake maintenance responsibilities therefor, pending resolution of the dispute, in accotdance. wiih the provision for enforcement set folih in ARTICLE 16 herein. 4.4-2 . Water and Other Utilities, The Association shall acquire, provide and pay for necessary utility and other services for the Association propeliy and Association Maintenance Areas. 4.4.3 Utility Suppliers, The Association shall pe!1J1it utility suppliers and other providers of any telecommunications or other services to use poliiOI!S ofthe AssoCiation Propeliy and Association Maintenance Areas reasonably necessarY to the. ongoing development and operation of the Community. As r~quiredby the City, all utilities ser.Ving the Community shall be maintained underground as . originally installed by Declarant in accordance with the original site plan approved by the City for the Community. · · · . . 4.4.4 . Maintenance Of Community. The AssoCiation shall landscape, maintain, repair and replace. the Association Propeliy;. Association Maintenance Ai-eas and any other propeliy to be maintained by the Association pursuantto the provisions ofARTJCLE 8 ofthis Declaration and the other Governing Documents. :t:fqtwitltstanding the foregoing, the contractors or subcontractors of Iieclarant.may be contracmaJly obligated. to maintain the landscaping or other In1provements on the Association Property or Associatiqn N1aintenan9e Areas pursuimtto warranties or other existing contiacmal. obligations to Declarant. · The Association shall not interfere with t!)e perfoimanc¢ of sllclvwarrantY or other contrac(Ualm:;~il!tenance obligations, Maintenance performed by such conjractQrs or subcontractors of Declarant sball !JC>t ·serve to postpone the commencement of Regular ASsessments pursuant to this Declaration, nor entitle an Ownerto claim any offset or reduction in the~amount of such Re~lar Assessments.· 4.4.5 Member~' Approval. of Certain Actions. In the event thai any Claim or other actions brought by the Association· against Declarant,: including without limitatiiln claims brought under California Civ.il Code Section g95. et seq. involvirig aliegatfons of construction defects relating to the A~sociation. Propeliy or Association. Maintenance. Areas is: n{>t resolved pursuant to the non-adversarial procedures set forth in ARTICLE 16, the Association shall. not initiate a further actiono~ arbitration proceeding under SectiQn 16.4 or otherwise without first obtaining the cons.ent of the Owners. other than Declarant constituting a majority of the Voting Power ofthe Association. · . . 4.4;6 Association . Rules. . The Bo11rd may adopt, amend·. and repeal the Association Rules as it deems reasonable .. The Association Rules shall govern the Community. However, the Association Rules shall notbe inconsistent with or materially alter any provisions of the Governing Documents, A copy of the Association Rules, as. adopted, amended or repealed, shall.be mailed or otherwise delivered to each: Owner. In case of anY coriflict between any of the Association Rules and any qther provi~ions ofthis Declaration, the conflicting Association Rule shall be deemed to be superseded by. the provisions of the Governing Documents. Notwit!)standing the foregoing, with regard to the Operating Rules, the Association shall comply with the requirements and procedures set forth in California Civil Code Section 1357.100 et seq, · tot2osrn.6t: ;32544-oooot Tpll/ Pinnacle at MOorpark Highlands CC&R.. 16 55 I I I I 1 ' \ I I I ! I I I ' I I ' ' ! I I I I I I I i . ' I i 4.4.7 Insurance. The Association shall have. the dtity to oW1in, from r<;putable insurance companies licensed to do business in California, and maintain the insurance described in ARTICLE 11. 4.4.8 Notice Pri<ir to Litigation. The A~sociation shall notifx all Ownci-s of any litigationt1led for or on behalf of the Association pursuant tothe provisions of Section 16.4 of this Declaration. · · 4.4.9 Financial Matters.· The Association shall prepare· annual Budgets, reports, balance sheets and op~rating statements for the Association as r.equired under the Governing Documents. 4.4.10' Use ofProceeds to .Repair. Ifthe Association receives, on its owp behalf or for the benefitofthe.Owners, any procee~s asa result of any construction defector other claims or litigation brought by the Association, then the Association shall apply such proceeds first for the purpose of repairing such defects or replacing. reserve funds previously utilized by the Association to cause such repairs and then, to the costs of such litigation; Any excess proceeds shall be applied as determined by the Board, subjectto any requirements established by the non.profitmutual benefit laws of the State of California and any. other applicable laws. 4.4.11 Warranties. The Board shall comply with the terms of any warrantY in favor of the Association. for any equipment .orJacilities within the Association Property or Association Maintenance Areas. The Association acknowledges that certain warranties require the Association to maintain certain maintenance contracts in .effect and, to the extent the 'soard discontinues such maintenance contracts, the efiectiven~:ss of the warrantY may be impaired or t:liminated. · · · 4.4.12 Indemnification. (a) . For Association Representative; To the fulle~ extent authorized by law, the Association has the power and dutY to indenmicy. the Board members, Association officers, and . all other Association committee . members .. for all. damages, . pay an ~xpenses incurred, and satisfy any judgment or fine levied. as a result of any action or ,threatened action brought I;Jecause of performance of an act .or omission within what such P¢rson reasonably believed to be the scope of the. Person's Association duties.("Official Act"), Board members, Association officers, and all other Association committee members aredeemed to be agents of the Associatio.n when they are performing Official Acts for purposes of obtai11ing indemnification from the Association pursuant to tllis Section. The entitlemept to. indemnification underthis Declaration inures to the. benefit of the estate, executor; adminiStrator and heirs of any Person entitled to such indenmification. · (b) For Other Agents. of the Association. To the fullest extent authorized by law, the Asso.ciation has the power, buinotthe duty, to indemnify any other Person acting as an agent .ofthe Association for damages incurred; pay expenses incurred, artd satisfy any judgment or fine levied as a result of any action or threatened action because ofan Official Act. tot20S92s.6r 32544·0000t Toll/ P.innacle at Moorpark Highlands CC&Rs 17 56 ' I j I ' (c) Provided by. Contract. The Associ!ition also has .the power, !Jut not the . duty, to contract. with· any Person to provide indemnification in addition ·to any indemnification authorized by law on such teims and. subject to · such conditions as the Association may impose. 4.4.13 Maintenance Manuals. The Ass~ciation shall maintain at the offices of the Association. a copy of the Homeowners MaintenanceM11nualprovided by Declarantto.the Owriers and shall make available to every Owner upon request a copy of the Homeowners Maintenance Manual for tl>e Owners' Residential Lots. The Assodation shall also comply with provisions of the Association Maintenance Manual provided by beclararit to the Association. 4.4.14 Propertv Manager; The. Association Manager shall at all times be a professional manager operating as an independent contra<:tor. The Assi>ciation shall. have the right to designate .a portion of the Association Property for use as an oncsite manager's office. 4.5 Limitations on A~thoiitvof Board. The Board shall not take .. an:fofthe actions · listed .below except with the vote or written consent of (a) amajorityofthe Members of each of· Class A and Glass B during the time the Class.B voting structure set forth iriSllction5..2 oftl>is Declaration is in effect;or (b) except with the vote at a meeting of the. Association or by written ballot without a meeting pursuant tci Corporations .Code Section 75.13 ofat ieast a majority of the Members-of-the AssoCiation including at least a majoritY of Association Members bther than Declarant after conversion to a single Class A voting nrembership. 4.5 .I Lhhit. on"Capitai.Improvements. Except d11ring the period Declarant is in control of the Board, the Board shall not, without o!Jtaining the consimt of the Members as set forth above, incur aggregate expe!)dituresfor .capitalinrprovemeniS to.the.Assodation Property, Association Maintenance Areas or Offsite Maintenance Areas in any Fiscal Year in excess of . . five percent ( 5%) of the budgeted gross expenses of the Association for that FiscalY ear. · 4.5.2 Liinit on• Sales of Association Propertv: Except during. the period Declarant .is. in controlor the Board, the Board shall not; withoutobtainiiig the consent of the Members as set forth above, sell during any Fiscal Year property of the Associatiol)having an aggregate fair market value greater than five percent (5%) of the budgeted gross expenses of the Association for that Fiscal Year. · 4.5.3 Limit on Compensation. Except during the period Declarant.is in control of the Board, the Board shall not, without -obtaining the consent ofthe Members .. as set forth above, pay compensation to members of the Bmtrdfor services performed inthe conduct of the Association's business. However, the Board may cause a member of the Board to be reinrbursed for expenses incurred in carrying on the business of the Association.· · 4.5.4 Limit ori. Third Person. Contracts. The :Soard shall not, without obtaining the consent of the Members as set forth above, enter into a contract with a third person wherein. the third person will furnish goods <it services for. the Association Propert:f, the Association Maintenanc.e Areas, the Offsite Maintenance Areas (if any) .or the ·Association for a term longer than one year with the following exceptions: 101205925.6/ 32544-00001 To.!l/ Pinnacle 8t Moorpark Highlan.ds CC&Rs 18 57 I 1 I 1 _.1 I I I I , ! (a) . . A contra.ct with a public utility co!IIpany ifth~ rates chargedfouhe materials or services are regulated by the Public Utilities Commission; provided, however,.that the tefln of the contract shall not exceed the shortest tertn for which the supplier will contract at the regulated rate; · (b) A prepaid casualty .and/or liability insurance policy not to exceed three (3) years duration; provided that the policy pennits. for short-rate cancellation by .the insured; . (c) . A contract for a tenn not to exceed three.. (3) years that is tenninable by the Association after no longer than one (I) year without cans¢, penalty or other obligations upon ninety (90) days written notice o:ftenn}nation to the oth.er party; (d) A contract approved by the DRE; and . (e) . Any maintenance agreement fa( themaintenance of anY Portion of the Association Property, Association Mainten~nce Areas or Offsite Maintenance Areas which is required as a condition to the effectiveness ofany warranty in}avor of the Association. · 4.5.5 Prohibited Actions. . (a) Off-Site Nuisances. The. Association shall . not use any Association funds or resources to abate any annoyance or nulsimce. emanating from outside the physical boundanes of the Property. (b) Political Activities, The Association .shall not (!)participate in federal, state bt local political activities or activities Intend~d tO irtfluence.a gov~rnmental action · affecting . areas outside the boundaries . of the Property (e.g. endorsement or support of (A) legislative or administrative actions by a local governmental authority, (B) candidates for elected or appointed office; or (C) ballot proposals, or (ii) conduct, sponsor, participate in or expend filnds or resources or any activity, campaign or event, inclu4ing any social or political campaign, event or activity which do<;:s not directly and exClusively pertain to the. a11thotize<J activities of the Assoc.iati<m. There shall be 1\0 amen4ment of this Section so Jong as Dechirant, owns any portion of the Property or Additional Property. . . 4.(i Contracts .. Any agreement forprof~ssional management of the Community or any agreement providing for services of the Declarant shall be for a tenn not to e)weed one (I) year withm1t the consent of a majority of each cl~ss ofMembe~s;,provided, however, th&t in no event. shall such an agreement exceed a tenn ofthree (3) years. Any such agreement shall p(ovidt; that the agreement may be tennii1ated by either party without .cause and without payment of a termination fee upon not more than ninety (90)·days 'written riotice. ·. · · 4.7 Personal Liability. No volunteer officer or volunteer 4irector of the Board, or of any committee Of the Association (each a "Management P3rty;'), shall be personallY liable to any Owrier, or to any other party; inciudirig the Association, for any act.or omission of any Management Party if such Person has, on the basis of such iilt'onnation. as may be·possessed by. him or her, actei:l in good faith without willful, wanton or gross misconduct within the scope of 101205925.6/ 32544·00001 Toll/ Pinnacle at Mooq)ark Highlands CC&Rs 19 58 ' I ' i j I i I j 1 i 1 I l :1 I I I I I ' the Person's Association duties (collectively, an "Officia!Act"). The Assodatlon has the power and duty to indemnify, defend, protect and hold harmless. each Mat)agement Party for all damages, and expenses fucurred(including, without limitation, reasonable attorneys' fees), and satisfy any judgment or fine levied as a result of any action orthreatened action. broughtbecause of an act or omission that such Person reasonably believed was an Official Act. Management Parties are deemed to b~ agents of the Associatiol) whel) they are performing ()fficial Acts. for purposes Of obtairiil)g indemnification from the Association pursuant to this Section. The entitlement to indemnificationunderthis Declaration inures to the benefit ofthe estate, executor, administr&tor a!!d heirs of any Person entitled to such indemnification. The As~ociation has the · power, but not the duty, to indemnify any other person acting a8 an agent of the· Association for damages incurred; p~;~y expenses inc1l!Ted; and. satisfy l;lllyjupgl)lent or. fine levi~d as a result of any action of. thl'eatened action becau~e ofari Offiqi!ll Act. The Association also has the power, but not the duty,to contract with ariy person to provide irtdemnifica(ion in .addition to any indemnificationauthorized by iinv on such terms and subject to such conditions as the Association may impose. 4.8 Additional Provisions. Notwithstanding the provisions ofthis Declaration, by accepting a deed for a portion of the Property; the AssociatiQil and the Owners acknowledge and agree that there may .be certain. laws and regulations that may be applicable to the operation of the Association and' the . Property by the Association, including, without limi\lltion, the Davis-Stirling .Comtnoninterest Development Act of Section 1350, et seq, of the .California .Civil Code and the ,Association and Owners shall comply With such. provisioiis to the eJ>tent required by such laws and regulations. . . . . . ARTICLES . MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION 5 .I Membership. . . 5J.l· Qualifications. Each bwner of a Residential Lot that is subject to assessme)1t, including Declal'ant, shall be a Member of the As$ociation, • Owrtership of a Residtmtial Lot or irtterestinit $ball be the $ole qualification for membership in the Asso.ciation. Each Owner shall remain a Member o;fthe Associati.on untilhisor her ownershipinterestin the Resid,ential Lots in. the. Comnmnity ceases at which time his or her membership in the Association shall automatically cease. ·Persons or en\ities.who hold an interest in a·Residential Lot merely as security for performance of l;lD obligation are not to be regarded as Members. 5.1.2 Members' RightS and Duties.. Each ,Member shall. have the rights, duties, and obligations set forth hi the Governing Docutnents, as the same may from time to time be amended. . . 5.1.3 Transfer of Membership. The. Association metnbership. of each person or entitY who owns, oi' OWnS im irtterest in, one or mpre Residential Lots shall be appurtenant to each .such Residential Lot, and shall not be . assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except on a transfer of title to each such Residential Lot or · interest in it and then only to the transferee. Any attemptto make a prohibited transfer shall be 101205925.6 f 32544-00001 To\1/ Pinnacle "at MoOrpark Highlands CC&Rs 20 59 I i I '! .I I i .I 1 i I void. Any tran~fer. o[ title to a Residential Lot or it~terest in it shall 'operate automatically to transfer the appurtenant membership right in .the Associ&tion to the rtew Owner . .. 5 .. 1.4 Commencement of Voting Rights. An Owner's right tp vote, including Declarant, shall. not veSt until Regular Assessments have been levi~d upon such OWiler's Residential Lot as provided in this Declaration, All voting rights shah be subject to the restrictions and limitations provided for herein and in the other Governing DocumentS. 5.2 Number of Votes. The Association shall have two (2) classes of voting membership asdescribed below. The voting rightS described in Sections 5:2.1 and 5.2.2 below shall constitute the Voting Power of the Association: '. . . 5.2.1 . Class A Members. Chiss A Members shall he all .Owners, with the exception of Declarant (until the conversion of Declarant's Class 13 :membership to Class A membership as provided in Section 5.2.2 below), and shall be .entitled to one (I) vote for each Residential Lot owned, When morp than one (1) person holds art interest in any ResidentiaiL0t, all such perSO[\S shall be Members. The vote for such Residential Lotsh!!ll be exerCised as they among themselves determine, but in no event shall more than one.(!) vote .be cast with respect to any Residential Lot. · 52.2 Class B Members. Class.B Member(s).shallbe Declarant who shall be entitled to three (3) votes for .each Residential Lot .owned by Dechirantin a Phase for which Assessments have commenced .. The Glass B membershjp shall cease and be converted to CJas.s A membership on the happening of the earliest oftl).e following to occur: (a) On 'the second armiver.siuy of .the first close of escrow of a Residential Lot in a Phase covered by the most receptly .issued Public Report for anyPhase of the Community; or · (b) The fourth anniversary of the first close of escrow of a Residential Lot covered by the original Public' Report forthe firstPhase ofthe Community; · As long as Class B Membership exists, no action by the Association that must. have the prior approval ·of the .Association Mt:nibers shall be deemed ~pprov.ed . by the Members unless approved by the appropriate percentage .of Class A and Class B Members, except as set foith .in S!'ction 4.4;5 of this Oeclaration (entitled "Members' Approvai pf. Certain Actions"). Upon conversion to a. ~ingle Class A voting m!'mbership, any action by the Association that niusthave the prior approvalofthe Members will require approvai by at least a niajorityofthe Members of the Association, including at least a majority ofMemhersotherthanDedarant. · 5.2.3 Joint Owner Votes. The voting rights for each Residential Lot may not be cast on a ll'actional basis. · If the joint Owners oh Residential Lot are unable to agree among themselves as to how their voting rights shall be c.ast, they shall forfeit the vote on the matter'ih question. If any Owner exercises the voting. rights of a pluticuLar Residential Lot, it will be conclusively pres\Jmed for all purposes that such Owner. was acting with the authority and consent of all other Owners of the same Residential Lot. If more than .one (1) person or entity 101205925.6/ 32544-ooooi TOU I Pinnacle ai Moorpark Highlands CC&l\s 21 60 'I 1 j ' i 1 j I ·j' .. I ' ! exercises the voting rights for a particular Residential Lot, their votes shall not be counted and shall be deemed void. · .ARTICLE6 ASSESS!)fENTS . 6.1 . Creation of Lien and PersonaJ Obligation for Assessments; Declarant, for each Residential Lot owned within Jhe Property, hereby. covenants, arid each Owner of a Residential Lot by acceptance of a deed therefor, whether or not it shall be, so expressed in suqh deed, is d~;~emed to covenant .and agrees to pay to the .Association .all asse~sments levied pursuant to the provisions of this Declaration. All assessments levied hereunder, together with· interest, costs and reasonable attorneys' f~es asSessedhereunder, shiillbe a charge on the land and shall be a continuing lien upon the Residential Lot against which each such assessment is made, the lie!) to be . erfective ·upon recordation . of. a l)otice or· delinquent .assessments. :Each such · assessment, together with inter~ costs and Teasmiable attorneys' fees, shall also be the personal obligatioQ of the person who was the . Owner of such Resioential Loi at the time when the assessment fell clue and shall b\nd his or her heirs, d~yisees, personal represent~ti:ves ~d assigns. Unlike the lien for non-delinquent assessments; . the personal obligation for delinquent assessme.nts shall ilot pass to s.ucc.essive Owner~, 4nless expressly assumed 'by such successive Owner. No such assmnption of personal liability by a successive Own~r (iticl(lditig a contr!l.Ct purchaser under an instaUmentJ~d contract) shall relieve aily Owner againstwh(lse Residential Lot the lien was levied from personal liability for.delinquent agsessment.s, If more than cine person or entity was the Owner pf ·a Residel)tialLot, thepers()nal obligatiO!\ to pay such assessment or instalhnent respecting s11ch Residential Lot shall be bothjoiiltand ~~veraL · 6.2 Purpose of Assessments. Tile. assessments levied by the Asso<;iation shall be used exclusively to perform. the obligations and, dutie~ of the Association, including, without limitation, the improvemel)t and. maintepanee of the As.sociation Property, Association · Maintenance Areas anfi for ili)Y other maintenance responsibilities of )he A~sociation, and. to reimburse the Association fol'the cqsts incurred in bringing aiJ Owner into ,conjpliailce with the Governing Dom1ments. The Association shall not impose or collect any assess~nent, penalty or . fee that exceeds the amount necessary forth~ purpose or purposes .for which it .is levied. If.the Association decides to use or transfer niserye funds to pay for liti'gation, tlie Association must notifY its Members ofJhe decision at the next available meeting .. Such notice shall provide an explanation of why the litigati<m is .being initiated or defended, why operating f1lnds panfiot.be used, how and when the reseiYe funds will be replaced, and a proposed budgeHor the litigation. The notice must state that the Members have a tight to .review an accounting for th~ litigation as provided in Section 1365.5 of the California Civil Code, which will be available at the Asso.Ciation's office. The accounting shall be updated monthly. 6.3 Regular Assessments. 6.3.1 Payment of Regular Assessments. RegularAssessmellts for each .Fiscal Y eai: shall be established when the Board approves t~e Budget for that Fiscal Year, which Budget shall be prepared in accordance with the provisim1s .of. Jhis Declaration. . Regular Assessments. sh,all be levied on a Fiscal Year basis. Unless otherwise specified by the Board, Regular Assessments shall be due and payable in moitthiy installments oil the first day of each 101205925.61_ 32544-00001 Toll/ Piiu1acle at Moorpark Highlands CC&Rs 22 61 ·, I I : I I :i 1 i I i j I ' ! I . . . month during .the term of this Declaration. Declaranrs .obligation or subsidy f.or. such Regular Assessments may be redueed in accordance with the terms of any maititemuice . or subsidy agreement executed by Declarant and the Association. · 6.3.2 .·.Budgeting. Regardless of the nurtiber of Members or the amount of assets of the Association, each year the Board shall prepare,. approve and. ma\<e available to each Member a Budget as described in the Article of the Bylaws entitled "Budget and financial Statel)lents," not less thanthirty.(30) days nor more than ninetY (90), days prior to the beginning of the fiscal Year or as otherwise required by law. 6.3.3 Restrictions for Ta:i Exempti6n. As long as the .Association seeks .. to qualify and be considered . as an organization exempt from fe<leral .and. state income taxes pursuant to Internal Revenue Code ~ection 528 and California Revenue and taXation Code Section 2370lt and any amendments thereto, then the Board shall prepare its annual Budget and otherwise conduct the. business of the. Association in such a mariner consistent with federal and state requirements to qualify for such status. · 6.3.4 Assessments AfterAitnexatioli; (a) Realiocation of .Assessments. After conveyance of the first Residential Lot in a Phase, the assessments in the Budget .shall. be reallocated among all Residential Lots in the Community, including tho~e in the. annexed AdditionaLProperty, in the same manner as described above. . (b) Revision of Budget. Notice of the new Regular Assessment to be levied against each Residentiill Lot in the Community shall be delivered by the Association to the Owners and Declarantwithin sixty (60)days aftenhe close of esci'ovHorthe first Residential Lot sold iii the new Phase. 6.3.5 . Non-Waiver.ofAssessments. If, beforethe expiration of any Fiscal Year, the Associationfails to . fix Regular Assessnierits for the next fiscal Year, the Regular Assessment established for the preceding year shall continue uhtil a new Regular Assessment is fixed. 6.3 .6 Supplemental Assessments. If the Board determines that the Associatipn's esse11tial functions may be properlY funded by a Regular Assessment in an amount less than the maximmn. !luthoi'ized Regular Assessment described abo',<e, it may levy such lesser Regular Assessment. If the Board determi11es that the estimate ()ftotal charges for the curre11t year is or will become inadequate to ll,leet all Common Expenses, it shall immediately determine th¢ approxim<~te amount of the inadequacy. Subject to the limits describe.din Section 6,7, the Board may levy ~ supplefuental Regular Assessment reflecting a revision of the total. charges to be assessbd against each Residential Lot. · . . M Special Assessments. If the Boarddetermines that the estimated total amount of funds necessary to defray the Comm<m Expenses ofihe Association for a given Fiscal Year is or will become inadequate to meet expenses for any reason, i!lcludi!lg, without limitation, unanticipated delinquencies, costs of construction, u11expected repairs or replacements of capital 101205925.6/ 32544-00001 Toll/ Pinnacle at Moorpark Highlands CC&Rs 23 62 I j I I I cj ! ,, I "' i I .i I I I :1 ' l ~j i I 1 I i l . , ' ! improvements on, damage and destruction .or condemnation of, the. Association Property, Association Maintenance. Areas or any .other areaS which the Association is. obligated, to maintain, the. Board sha!ldetermine the approximate amount necessary to defi:ay such expenses, and.if the amount is approved by a majority. vote ofthe Board <tnd does not exceed five .percent (5%) of the budgeted gross expenses of the Association, it shalL become a Special Assessment Any Special Assessmentio excessoffive perceht{S%) of the budgeted·gross expenses ofthe Association shall be subject to the limitations set forth in ~ectiort 6. T below. Thelloard may, in its discretion, prorate such Spec,ialAssessmentover the remaini1,1g mopths of the Fiscal· Year or le~y the assessme1,1t immediately against each Residential. Lot. Unle.ss ex~mpt from federal or state income taxation, all . proceeds from. any Special Assessment shall be segregated and deposited into a special a.c~o11nt apd shail be used solely for the purpose or PW'PQses for ~hich it was.levied or it shall be otherwise handled and usee! io a manner autho~ized by law or regulations of the. Internal Rev.enue Service. or the California Franchise Tax Board in order t6 avoid, if possible, its taxation as income. of the Association. · " 6.5 Capital Improvement· Assessment. In addition to any other assessments provided for hereunder; the .Association may levy .. ~ Capital Impro'veJ!lent Assessment for the purPose of defraying, io.who.l.e or in part, the cost of any construction orreplac;lment ofil capital improvement in accordimc~ with the provisions of Section 4.3;7. C11pital Improvement Assessments shall be due and payable by all Owners in such iostallments and eluting such period or periods as designated by the Board. Increases in Capital ImprovementA~sessments' sh~ll be subject to·the limitations setforth in Section 6.7 below. . 6.6 Enforcement .. Assessments. .· The Association may .levy an Enforcement Assessment against any Oy;her who causes. damage to the, Association Property, .Association Maintenance Areas or any o~er area that the Associatio11 is obligat~ci to maillia,in, for.brlnging · an Owner or the Owner's Residential Lot into compliance with the. provisions of the Governing . Documents and/or any other charge designated an Enforcement Asse~SJ!lent in the G.overning Documents, togetherwith at~.orneys' fees, interest and other 9hiu:ges related thereto as provided in this Declaration. If the AssoCiation undertakes to provide m'ateiials or services which'benefit individuai Ow~ers, then such bwners.in accepting such materials or services agree that the costs thereof s)lallbe an Enforcement Assessment. The• Board shall have the authority to adopt a reasonable schedule of Enforcement Assessmentsfor any violationofthe Goveyrting Documents. If, after Notice and Hearing as required by the' Governing DocumentS apd which satisfies Secti.on 7!l41 ofthe California Corporations Code and. Section l:i63 ofthe California. Civil Code, the Owner fails t.o cure. or continues· such violation, the Asso9iation may impOse an additional fine each tiine the violatio,n is repeated, and may 11Ssess Sl!ch Owner and enforce ihe Enfor~ement Assessment as herehi provided for nonpayment of an assessment. A hearing committee inay be established by the Board to administer the foregoing. NotWithstanding. any oth.er provision io this. Declaration to tlie contrary, except a5 provided in ~ction (i.lU · o(this Declaration, Enforcement Assessments .are assessments but theymay notbecome alien agajnst the Owner's Residential Lot that i~ enforceable by a power of sale under California Civii Code Sections 2924, 2n4b and 2924c. This restriction on enforcement is riot applicable to late. payment charges for deliitquent assessments or charges imposed to reimburse the Association for Joss of interest or for collection costs, including niasonable attorneys' fees, fur delinquent assessments . 101205925.6/ 32544-00001 Toll_! Pinnacle at Moorpark Highlands CC&Rs 24 63 .I l I 1 I i 1 1 I :l j -~ i ! i ' 6.7 Changes.to Assessments. 6.7.1 . Limitation on Assessments. From and after January 1st of the year immediately following the conveyance of the .. first Residential Lot to an Owner, other than Declarant, the . maximum annual Regular Asse.ssrrient may not, except jn the case.·. of an Emergency (as hereinafter defined), be increased by lm amount gieater 1han twenty per¢nt (20%) of the Regular Assessments for the preceding Fis()lll)"ear and Special Assessments and Capital Improvement Assessments shallnot be imposed that in the. aggregate exc.eed five percent (5%) ofthebudgeted gross expenses of the Association for that Fiscal Year, witlioutthe consent ofthe Members, constituti~g a quorum and casting a majority of the votes at an election of the Association conducted .in accordance· with. th~ provisions· of (i} California Civil Code Sectioi). 1363.03 and the rules adopt¢d by the Board pursuant thereto and•(ii).CaliforniaCorporatipns Code Sections 7510 et seq. and 7613. The B()ard 111ay not increase.the.Regular Assessments for any Fiscal Year unless it has complied with Calif()rnia Civil C0 de Section 1366. }'qr the jmrpose of:this Section, a quorum .shall mean a majority of the Owners of the Association and an Emergency shall mean any one of the following: · · (a) . an extrao~dinary expense requrred by an order of a court; . . . (b) . an extraordinary expense necessaty torc;~paJr or maintain the Association Proper(y, Association Maintenance Areas or ariy part oftheCommunitywhich is the responsibility ofthe Association to maintain where. a threat to personal safety on the Community is discovered; or · (c) an extraordinary expense necessary . to repair or maintain the Association Property, Association Maintenance Areas; or any part ofthe Community which the Association is responsible to maintain that could not have been reasonably foreseen by the Board in preparing and distributing the· Budget required under this .Declaration .and the Bylaws and California Civil Code Section 1365; provided, however; that prior to the imposition or collection ofa Regular Assessment under.this Section, the Bo!U'd shall pass a resolution containing written findings as to the ne~essity of the extraordinary expense w)lichisinvolved and why the expense was not or couldnot haye been reasonably foreseen in the budgeting process, and the resolution shall be distributed to the Members with the notice of Regular Assessment. For the. purpose of calculating whether an increase to Regul~r ;\ssessments e)i.ceeds tweuty · percent (20%); the tenn "Regular Assessments" shall be deeniedto include. the amount assessed against .each Residential Lot bythe Association as:a Regular Assessment plus any amountpaid by Declarant as a subsidy pursuant to any subsidy agreements; .. to the extent such subsidy payments offset any amount which WO!jld otherwise be paid by,Own~rs.as RegularAssessrrients. Any increases authorize.d under thisSectionshall not be imposed unlessthe·Board has c.omplied with. the budgetary requirements set forth • in Article 9 of the Bylaws with respect to the l'iscal Year for which an assessment is being levied. . 6.7.2 Notice to Owners. The AssoCiation shall provide notice by first.dass mail to the Owners of any increase in the Regular.Assessmerits or of any Special or Capital Improvement Assessment of the Association not less th.an thirty (30). days aitcl not more than sixty ( 60) days prior to the increa.sed assessment becoming due and payable. 101205925.6/'-32544~00001 Toll/.Pinnacle. at Moorpark Highlands CC&Rs 25 64 I I I i i I 1 .I -I ' I I ·, : ! .j J i ·j i ! I 6.8 Uniform Rate of Assessment. .. Regular and ~pecial Assessments and Capital Improvements Assl'ssments shall be. fixed at a uniform rate for all-Residential Lots and \}lay be collected on a monthly basis arid shall be determined by dividing the amount of the. assessment by the total number of Residential Lots then within the Community and subject to assessment. Enforcement Assessments shall be levied directly to the individual Residential Lots. . 6.9 Date of Commencement of Regular Ass~ssments; Due Dates. The Regular Assessments provided for herein shall commence· as to aU Residential Lots in a Phase. subject to this Declaration on the first day ofthe month following the conveyance of the first Residential Lot within such Phase to an .owner under authqrity of a Public Report. As to any Additional Property which is thereafter im.nel(ed into the Community pursuant to a Su.pplelnentary Declarlltion, the' Regular Assessments shall commence as to all of the Residential Lots within such Phase upon the fi)'st day o[the first month. following the Close. ofescrow for ccmveyance of theflrst .R,esidential Lot in such Phase or such ecyrlier date asmay be selected by D~clar1!lltfor the commencement of assessroents in such Phase. In nq even,t shall any 'sale or leaseback to Declarant of any Residential Lot in the Community ]>eing used as a'model home; sales office, design center, constl1Jciion office . or similar purpoSe and which . are not occupied . by a homeowner cause the commencemen~ of assessments ina Phase fo~ which assessments h,l!ve not. otherwtse commenced through a sale ofa Residential Lofin such 11 Phase to an O\Vnerwh6 will occupy such Residentia:J Lot. .. Notwithstanding the. foregoing, Declarant may elec~ t9 commence to pay Regular Assessments on a Phase prior.to.the conveyance in su.chPha~e to an Owmir under a Public, R.eport and, in i;uch cas~, Declar~nt shali have th~: voting rights as to the Residential Lots in such Pha5e pursuilflt to Section 5.2 of this-Declaration .. 6.10 . Assessment Installment :Oue Dates. · The due dates for the payment of installments l)ormally shalL be the first day of each month unless some other due date is establislted by the Board. Each installmentofRegnlar Assessments; E;pecial Assessments and Capital Improv~ment Assessments shall become delinquent If not paid within fifteen (15} days after its ·due date. There shall accrue with. eacfi deltnquentinstallment .a late charge, interest charge to be set by the Board and r~asonable costs of collection, including attorneys' fees, .but which shall not; in 11DY event, exceed the maximum rates permitted under California Civil Code Section 1366. ' · . 6.11 Estoppel Certificate, The Board, on not Jess thari ten (10). days' prior written request, shall execute, acknowledge and deliver to !)ie party maldrig such. request a statement in writing stating Whether or not, to the knowledge of the Association, a. particular Owner is in default as to such Owner's Residential Lot .under .ihe provisions ofthis peclaration.1\lld fnrther stating the dates to which installments of assessments, regular or special, have been paid as to such Residential Lot. Any such statement may be relied on by .any prospective purchaser ()r Mortgagee of the Residential Lot, but reliance on such statement may not eJ(tend to any default not involving the· payment of assessments of which the signer had rio actual knowledge. 6.12 Collection of Assessroents; Liens. 6.12.1 Right to Enforce. The right to collect and enforce assessme~ts is vested in theBoard acting for and on behalf of the Association. Th.e Board can enforce the obligations of the· Owners to pay assessments provided for in this Declaration by commencement and 101205925.6 !' 32544~00001 Toll/ Pinnacle at Moorpark Highlands CC&RS 26 65 j I I ! I I I I I ! mainten11t1ce of a suit at law or in equity, or t)le Board may foreclose by judicial proceedings or through the exercise. of the po"'er of sale jJursu11t1t to :Section: <dZ.6 enforce. the lien rights created. . Suit to recover a money judgment for unpaid assessments; together with al.lother Additional Cb,arges described in Section 6.13, shall . be maintainable .'witbout. foreclosing 0r waiving the lien rights. Notwithstanding anyt)ling else to the c0ntrary herein a monetary penalty imposed by the Association as a disciplinary measure for failure o{a Mei)'lber to coni ply with the Governing Documents or as a means offeimbtirsing t)le. Association f9r costs incurred by the Association in the repair ofdam10,ge(o Association Property and facilities for which, the Member was allegedly responsible or in bringing the Member and the Member's Residential Lotin~o compliance with. the Governing Documents of the A.ssocii\tion maynot be charaCterized nor · treateo as an assessment which may become a lien against the Member's<Resioential Lot enforceable by .a sale of the interest hereunder.. The limitation in the preceding sentence howeyer, does not apply to any Additional Charges. 6.12.2 Notice of Assessments and Foreclosure. The Association shall distribute a written notice re.gardirig assessments and. foreclosure as set forth in California Civil. Code Section 1.365.1 .during the sixty (60) day period immediately pniceding the beginiling of the Association's Piscal Year. · · · · 6.12 . .3 Delinquent Assessments .. In collecting delinquent assessments, the Association shall compiywith the requirements of California law, iflciuding without ljrilitaiion, California Civil Code ~ection 1367.1. As oft)ledate ofthis bec1aration,such laws require that, among other things, before the Association records a lien.against the Owner's Residential Lot, the Association: (i) notify the delinquent Owner of certain matters, and (ii) offer and, if requested by the Owner, participate in; dispute resolution ~rocedurespursuantto theAssociation's"meet and confer" program requireo in California Civil Code Sections 1363,810throughl363.850. . . . ' . . . . 6. I 2.4 Creation of Lien. If there is a delinquency in the payment of any assessment, odnstallnierit on a Residential Lot 11t1Y amounts that are delinquent, together with the late charge described in California Civil· Code .Section 1366, interest at the rate permitted in such Section, ana all costs that are incurred by t)le Board or its ajlthorized representative .in the collection of the amounts, including reasonable. ttttorneys' fees, shall be a ljen againSt such Residential Lot upo11 the recordation in the. Of:(ice ofthe County Recorder. of a notice of delinquent assessment as provided in, and subject to the requirements of, California Civil Code Section 1367. L · 6,125 Assignment. The Association may not voluntarily assign or pledge the Association's right to collect payments or assessments, or to enforce .or foreclose a lien to a third party except where provided under California Civil Code Section 1367.1(g). 6.12.6 Notice of Default; Foreclosure. Th~ Board can record a. notice of default and, subject to the requirements and limitations of California .Civil Code Section 1367.4, can cause the Residential Lot with tespect to which a· notice of default has been recorded to be. sold in the same.manner as a sale is conducted under California Civil code Sections2924, 2924b and 2924c, or through judicialforeclosore,. and as provided in California Civil Code Se.ctiori 1367 J. However, as a condition precedent to the holding of !IDY such sale under Section 29?4c, appropriate publication shall be made. In connection with any sale unoer Section 2924c, the 101205925.6/ 32544'00001 Toll I PinnaCle at Moorpark Highlands CC&RS 27 66 I I ! I i I I ' i ' •. I l J I 1 j 'l A Board is authorized to appoint a trustee for purposes of conducting the.sale. !fa deliriquency is cured before· sale .of the Residential Lot, or before completing a j~dicial foreclosure, or if it is determined that a lien previously recorded agairist a Residential Lot was recordesi in error; the B.oard. shall apply payments and. folio\¥ tile proc<;dnres set forth in California. Civil Code Sec~ion 1367.1. On becoming (lelim'juent in the: payment Of any assessrtie~ts, or iristallmen(s each delinquent Owner shall be deemed to have absolutely assignec!,all rent, issues and profits of the Owner's Residential.Lo.tto the Associati9n and shall ti,irther bede.emed to have consented to . tile appoiritmentof a receiver (which appointment may, at tile election of the AssoCiation; be enforced by the. Associationthtough specific performan9e), . The Association, acting on behalf of the QW11ers, shall have the power to bid upon tile, Residential !cot at foreclosure sale and to acquire, hold, 1ease, m0rtgage and convey the Residential Lot and vote as an Owner of the Residential Lot. · · . 6.12. 7 Payment of Assessments. Any payments of sum.s due under this Article shall first be applied to. assessments owed; and. o~ly after assesS!nents owed have. bee!l paid in full shall thepayl!lents l)e i\pplied t() the fees and ?PSis of collecti()ns, attorney's fees, htte charges or interest. If an Owner requests a receiptafter payment ofa delinquent assessment, the Association shall provide a receipt whichsets forth. the date of payment and the individual who received such payment. · · · . 6;13 Additional Charge8. ln.additiontp any otller amounts due or any other reliefor remedy ol)tained against an owner whp is delinquent in the payment of any assessmeJ1ts, each Owner agrees to pay AdditionahCha!ges incurred or leyied by the Board including such additiortal costs,. fees, charges arid expenditUres as the Assp6iatl0n rtiay ihcilr or l~vy in the process of collecting from that QWnet monies dJie and delinquent subject to California Civil Code Section 1366. Additional Charges shall include, but not be limitedto; the.followirig: . -:.. . . ' '. 6.13.1 Attorneys' Fees .. Reasonable attoi11eys' fees and c.osts incuiTed in the event an attorney(s) is employed to collect any assessment or sum due, whether by suit or . otherwise.; · 6.13.2 Late Charges. A late chargein an amouhtto be fixed by the Board iii accordance with Civil Code Section 1366 to compensate the Association for additional coll¢ctiol1 costs incurred in the event any assessment or othe.r su.m is not paid when due .·or within any "grace" period established by law; · · · · 6.13.3 Costs of Suit. Costs of suit and court costs iricurred as are allowed by the court; 6.13.4 Interest. Interestto the extent permitted by law; and . . . . . . . 6.13.5 Other. Any such .other additional costs that the Association may incudn the process of collecting delinquent assessments Or sullis. 6.14 Waiver of Exemptions. Each Owner, to the extent pei:mitted by law, waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or ~01205925.6/ 32544~90001 Toll/ Pinnacle at Moorpark Highlands CC&Rs 28 ·----.,.,:;-., . .,._,,,, .. _~~~~=-'-~''"17i'r.,!h-~--:..d· .M&,tJ., .. w-:o:·<·~ .. -.... ,_, k-. "*"·''"~~~~'1~~C-fk.·;~,!··c.~l'l\ .. ·""N':"t',\\·.~·9'k'~~~:_>"'"l:'·"';;.~~~'?.'!'""~~~g~_r:'< 67 i ~} !I . . exemption laws of California in effect at the time any assessment or installment becomes delinquent or any lien is imposed. 6.15 Subordination ·Of Lien to First Mort!m!!es. When a Notice of Delinquent . Assessment has been recorded, such assessment shall. constitute a iien on such delinquent Owner's Residentia] Lot prior and superior to all other liens, except, (a) all taxes, (b)hohds, . assessments and other levies which, by law, would be superior thereto, arid (c) <mY First Mort~a~e now or hereafter placed· upon any Residential Lot subject to assessment;· The sale or transfer of anyResidential Lot pursuant to judicial or nonjudicialfore,closU)'e (exchidin~ a transfer by a deed in lieu of forecloslire) of a First Mortgage shall extinguish the lien of such assessments as to payments which became due prior to such sale. or transfer. Nb salem transfer shall relieve such Residential Lot from any a~ses~ments thereafter becoming \lue or from the lien cifany subsequent assessment,. Wh¢re the Mortga~ee ofa First.Mcirtgage oro~er pl!rchaser of a Residential Lotobtainstitle ~o the same as a result offoreclosure( excluding a tra:n~fer by a dee\~ inlieu cifforeclosure ), such acquiror of title, its suc.cessors and. assigns; shall n()t b(liahle for the shareofthe Common Expenses or assessments by the Association chargelihleto such Residential Lot thl\t bec~m~ due prior to the acquisition oftitle .to such ResidentiaL Lot by s\lcfacquiror, except for a s]lare of such charges or assessments resultin~ froi:n a reallocatioriof such' charges or assessments which :,re made. ;~gainst all Residential Lots; 6.16 No Offsets. All assessi'nents.shall.be payable in the m:nounts specified by the particular assessment and no offsets against: such :amount shall be permitted for any reasons, including, without limitation; a.clahn that the A~sodation is notprop¢rly exercising its duties of ·maintenance, operation or enforcementc · 6.17 Personal Liability of Owner. ·No Owner may exempt hiiJlself. or herself from personal liability for assessments, nor any part thereof, levied by the Association, nor relea:Se the Residential Lot owned by him or her from the liens and chaJ'geshereofbywaiver ofthe use and enjoyment oftheAssoCiation Property, Association Maintenance. Areas and facilities thereof, or by abandoni'neqt of such Owner's Residential Lot; 6.18 .. Transfer of Proqerty. After transfer.or sale ofpropert)' within the Community, the selling Owner or Owners shall not be liable for any .assessment le.vied ori such. Owner or Owner's Residential Lot after the. date of such tr!lllsfer of OWnership if written notice of such transferis delivered to the Association. The selling Owner shallstill be responsible for all assessments and charges levied on the Owner's Residential Lot prior to any such transfer . . 6.19 Failure :to Fix Assessments .. The omission by the Boarcho fix the, assessments . hereunder before the expiration of any year, for that or the next year,shall not be deemed either a waiver or modification in any respect of the provisions of this Declaration or a release of the Owner from the obligation to pay the assessments or any instiiHment thereof for that or any subsequent year, but the assessment fixed for the preceding year shall continue until a new assessment is fixed. 6.20 Property Exempt from Assessments. The Association Property shaH be exempt from the assessments, charges and liens created herein. Although no laiJd or improvements devoted to dwelling use shaH be exempt from assessments by the Association, Declarant and the l 01205925.6/ '32544--0000 l Toll/ Pinnacle at MoOrpark Highlands CC&Rs 29 !_l __ ·:~?>· • ·• _, .. ,_.,.,-.~,..,.·:·"':W;~-"Wil'~·~:i:'<t0".-""':<'V~-> iF.<--· ;. > i '"cf>.• . -~·"·<··:~ 'l"'·iiMYl;< .• ;.,, · i"•(··.•_.J',f'N'·!,.;;,.,-,.,. ..•. ~= ,. ','lh,},..,_., <liO$,, ·-~"'-~.i\'•'l-.31)!/1'f<1''<':FJ~:'<'~'7>•py;";"'lW:W~'f':~~~~;"fc"(· P-:,.,9, '":'';v·A~:·'.t' 68 I l Owners shall be exempt from paying any portkm of Regular Assessments which is for the purpose of defniying expenses and reserves directly ;1ttributable to .the existence of any Improvements or!the Association Property which are not complete at the time assessments commence, which exemption shall. be in effect only until the e~lier to·occur of the following: (i} a notice ofcompletiorifor the subject Association Property has been recorded, or (ii) the subject Association Property hasbeen placed into use~ · · 6.21 · AssociationP~operty and AssociationMaintenanceAreas, Inthe event that the I111provements io be installed by Declarant on the Association. Property and Association Maintenance Areas have not been completed prior to the issuance by the· DRE of a Public Report, .and in the further: event thaf.the Associatio11 is the .obligee under a bond .to secure performanceby the Declarant tocomplett) such Improvements, then: if such Improvements have not been completed and a notice ofcompletion filed within sixty (60) df1ys afterthecompletion date specified in the planned constrUction statement appended to the bond; the Board· shall consider and vote upon the question of Whether or not tobrinfi.actionto eilforcethe obligations under the. b'ond. If the Association has give11.an extension in writing for t:he completion of any · such Improvement, then the Board shall consider .and vote onsaid que\itio~ if such Improvements have not beeri completed a11da no#ce of completion filedwithin. thirty (30) days after·theexpira(ion ofthe extension period. In the eventi!lat the Board determhies not to take . actionto enforce the obligations secured by the boncl, or doesnot vote on the question as above provided, then, in either $uch event, upon petition signed by Members represeriti!Jg five percent (5%) or more of the Votmg Power .of the Association, exclu~il)g the voting Power ofDeclarant, the Board shall call a speci;il meeting oftl)e Members of the Associ~tion to consido;r the question of overriding the decision of the Board or ofrequii'ing (he )3oard to takeaction O!J the question of enforcing the obligations secriredby the l;>ond. S.~id·meeting of Members shall J)~ held not less than thirty~five (3$) diys npr J?Orethan forty:five (45) daysfollpwing receipt of the petition. At said meeting a vote of a majority of the Voting Power of Members ofthe Association,· excluding the vote of Declarant, totake.action to enforce the obligationsuiiderthebondshallbedeemed to be the decision of the Association,. and the Boiird shall thereafter implement .tl)e decision by initiating.and pursuing appropl'iate action in the name of the Association. , · 6.22 Declarant's Right to Contribute to Revenues of the Association ... b.eclarant shall have the right, in its sole. discretion, to contribute to the reyenues of the Association .. At the sole option of the. Declarant; su.ch contribution inay be reflected on. the books !ffid records ofthe Association as a loan, in which event it shall be repaid bY the .Association to the Declarant, at the discretion of the Declarant. If treated as a loan, the contribution shall accrue interest; compoundedmonthl:Y, from the date it is .made .until the clateofjts repayme!lt, at the short term Applicable Federal Rate ("AFR") as published by the lritemal Revenue Service, and adjusted each month to reflect the AFR for such month. ARTICLE7 US.E RESTRICTIONS 7.1 Restrictions of Master Declariltion. Except .as provided in S.ection 7 A below, each Owner and the Association shall comply with the use restrictions set forth in Article .X ()f the Master Declaration, all of which are incorporated by reference into and made a part of this Declaration. To the extent that any restriction in the MasterDeclaration requires approval of the 10I265925.6i 32544·00001 Toll/ Pinnacle at Moorpark Highlands CC&Rs 30 69 I 1 I I I i i 1 I Declarant urider the Master Declaration, the Master Architectural Review Committee and/or the Master Association's.Board ofDirectors; then, for purposes of compliance with this Declaration, the Owner shall,_ in addition to obtaining the necessary approvals IIDder the Master De.claration, also obtain approval from the DeC;larant and/or the Board (as applicable) IIDder this Declaration. The provisions set forth in this AllTICL& 7 are in addition to the restrictions set forth in the Mast10r Declaration and eachOmter shall, .in addition to complying with the restrictions set forth in the Declaration, comply With the restrictions set forth in the l\1aster D_eclaration. Exc<eptas provided in Secdon _ 7.4 below, hi the event of any conflict between this Declaration and the Master. Declaration, the more restrictive provision shall controL 7.2 Rental of Residential-Lots. An Owner -shall be entitled to rent the Residence. subject to the restrictions contained in this DeClaration, any contractual agreement b¢tween Declarant and each original Owner.for such Omter's_Residential.Lot as to su~h parties, any other restrictions.-of record applicable to such Owner's Residentia1Lot and all applicable laws and ordinances. Any rental or lease. !lgreement shalL be in writing, shall provide that the lease is subject to the Governing Documents and s)la!I• provide that aiiY failure. to comply with any provisions of the Govyming Documents, shall be adefaultunderthe te_rms ofthe rental or lease agreement. A copy of the rental. or lease agreem!mt' shall, tipoli request, be provided to. the Association. The Owners shall, at all times, beresponsible -for th<;ir tenant's or lessee's . compliance with all of the provisiens. of this Declaratim1 purs~ant to the occupancy and use of the Residence. A lessee shall have ilo obligation tothe Associatiou to pay assessments imposed by the Assoqiation nor shall any lessee have anx voting rights in the A,ssociation. No Owner may]ea8e such Omter's -Residence for hotel, mot,el or transient purposes. Any !ease which is eittier for. a period of fewer than thirty (30) d!!y5 or p!Jrsuant to which the lessor provides any services normally associated with a hotel shall be d;iemed to be fortransientor hotel purposes. . . 7.3 . Time Sharing; A Residential Lot may not b~_divided or conveyed ~na.time increment basis (commonly referred to as "time sharlflg") ofmea:surable chronological periods. The term "t_ime_ sharing" as used herein sh;~ll be defined .tl> include, but shall_llot be Jilllited to, any agreement, plan; program or arrangement under which the right to use, occupy <;>r pcissessthe Residential Lot_ or any portion thereof in the Cow!Jlunlty rotates ambrig various persons, either corporate, partnership, individual or otherwise; bn a periodica:)ly recurring b!lsis for v.alue exchanged, whether _monetarY or lil<e-kind use privileges, according to a fixed or floating interval or period oftime sixty (60) cousecutive calendar days or less. 7.4 Animals._ In accordancewith the Specific Plan and _Conditions of Approval for the Community (defined in ARTICLE 17 below) and notwithstanding any pro-vision of the Master Declaration to the contrary, horses and' other animals may _be kepfon Equestrian Lots, but not other Residential Lots, in such numbers an:d of such species as are allowed by the City's Municipal Code. 7.5 . Parking and VehiCular Restrictions. 7.5. i General Restrictions, Su!Jject to the restrictions and provisions regarding "Commercial Vehicles'' and "Recreational Vehicles" set. forth .in Section 26 of ArtiCle X of the Master Declaration, all vehicles omted or oper;~ted by or !Jnder the control of an Owner ora resident of an Owner's Residence and kept in the Property must be ]larked in the Owner's garage 101205925.6/, 32544-00001 Toll/ Pinnacle at Moorpark Highlands CC&Rs 31 70 1 J l I I l ;) 1 1 ··_\ '! ·i to the extent ofthe space available; provided that each Owner shall ensure that anY such garage accommodates at least the number of vehicles· for which it was. originally constructed by Declarant. Except with respect to a RecreationalVehicle (as defmed in the .Master Declaratio11) th,at is parked in a space described in Sect.i.on 7.5.4below, unless otherwise permitted by the Board, no Owner shall leave its vehicle parked within the Community other than within a garage or, with respectto a Low Profile Recreational Vehicle; entirely wit4il1 the Owner's side yard and adequately scre¢l1ed from view from, any street as provided in the Master DeClaration .. ·. No mailitenance{except for emergency maintenance)or re~toration of any vehicle maybe conducted anywhere on the Property; even in ali .enclosed garage; No motor horne, re.creational vehicle, trailer or similar vehicle shall be used for dwelling purposes while parked within the Community. 7.5.2 Parking Regulations. The. Board may estal:>lish additional regUlations regarding . any parking are~ts not assigned to jndiyidtial . Residences, including desi!;iiating "parking," "guest parking," arid "no parking».areas. Any yehii:le parked within a fire laneniay be towed without prior notice. The Board may take !Ill actions necessaryJo enforce all parking and. vehicle use regulations for the Property, including. removing violating vehicles from the Property pursuant to California Vehicle Code Secth:m 2.2658.2 or other applicable law. 7.5.3 Ga.raf,le Use. The garages .shall be us.id fol' parking vehicles only and shall not be. converted for livirig,. recreational· activities, business or storage that would. prevent the ability of an Owner, tenant or lessee. to parkthe number of vehicles in the garage that the garage was designed for .. Doors to garages shall be. kept closed exceptdtiring tile r~moval or . entry ofv!)hicles th~refi'om or thereto .. Each Owner shall ensure thaqripll garage &ccommodates at least the number ofAuthorized Vehicles for which it was origitiaJly constructed by Declarant: · 7.5.4 Recreational VehiCle Access a11d Parking. In accordance with. the conditions to approval of Residential Planned Devel()prtlent No. 2004"02, a flat area twelve (12) feet wide. must be kept .&nd miuntairted on the side .of the Residence o.n each ofLots2through 11, 13, 14, .15, 17 through 31, inclusive, 33, 34, 35 and 36ofthe FinalMap for use as .recreational· vehicle access and parking. No encroachments> into the twelve~foot area(including, but not limited to, room additions, pool ccquipment, air .9onditioning units, storage structures. or patio covers) may be constructed other than gates for screening and securing the side yard. 7.6 Mechanic's Liens, . No Owner may cause or permit any mechanic's lien to be filed against the Community for labor or materials allegedto have been furnished. or delivered to the Community or any Residential Lot for such Owner, and any Owner who does so shall immediately cause the lien to be discharged within five (5) days after notice to theOwner from the Board. If any Owner fails to remove such mechanic's lien, the B.oard may discharge the lien and charge the Owner an Enforcement Assessment for such cost of discharge. 7.7 Installations. 7.7.1 DeclarantExemption. This Section 7.7 does not apply to Improvements installed by Declarant. 101205925.6/ 32544~00001 TOn I Pinnacle. at MoOrpark Highlands CC&Rs 32 71 I 1 •I ! I I ! ;\ 'I I I l l I I l i I j ·I I I I ! 7.7.2 ·Outside Installations: ·.Unless instalied by Declarant or ·approved . pursuanno ARTICLE 9, the following items are prohibited: (a}outsid<:J insti!llations, including balcony, patio· or deck covers, wiring, air conditioning equipment, water softeners, other machines and other Improve~nents, (b) Improvements to .deck or balcony railings, and (c) other exterior additions or alterations to ahy Residential Lot. 7. 7.3 Sports Apparatus. No basketball standards· or other fixed sports apparatus shall be constructed or inaintairied on any Residential Lot or attached to any Residence · except as approved pllrsuantto ARTICLE 9. 7.7 .4 Exterior Lighting. Any .exterior electrical, gas•o~ other artificial lighting installed. on any Residential Lot shall be positioned; screened; or Otherwise directed or situated and of sudh eontrolled focus and intensity so as not to unreasonably disturb the residents of any other Residential Lot(s). Further rules regardin:g exterior lighting may be promulgated by the Board. 7.7 .5 . Window Coverings. Alhvindow coverings (inclu(jing any temporary win:dow coverings) shall be of a neutral color. harmonious with and not conflict with.the color · scheme ofthe exterior wall surface of the Residence. Temporary Window coyeflngs in a design that does not conflict with the. surrounding Improvements (\Jut excluding aluminum foil, newspaper or any other contrasting material) shall be permitted for a maximum .period of sixty (60} days from the .date that a Residential Lot is conveyed to an Owner by Declarant, Except ~s specifically provided above, no temponiry window coverings shall be used to cover any door or window of any R:esidence. · 7.8 Line of Sight Areas .. Each Owner of a Residential Lot on which a Line of Sight Area is. lo.cated shall comply with all applicable laws and City requirements concerning s~ch areas, which requirements may limit the height and t)tpe ofimproveinehts that may be installed therein. · 7.9 Association Maintenance Areas. No Owner shallplace, maintain, construct or plant any Improvemep.t (including without .limitation • decks, . sta:irs, walls; . irrigation systems, trees, landscaping and .other vegetation) within any AssociatiortMaintenance Area, nor shall any Owner alter, modifY; or interfere with the As.sociation's maintenance of, any Association Maintenance Atea on the Owner's Residential L~t; provided, however, that each Owner shall have the right to access any Association Maintenance Area on' such ()Wner's,Residential Lot .as may be necessary in connection with the maintenance of the Owner's R~sidence or other Improvements on the Residential Lot 7.10 Offensive Conduct, Nuisances. ·No noxious or offensive activities shall be conducted within the Community. Nothing shall be done on or within the COintnunity that may be or may become a nuisance to the resid~nis of the Comniunity or that in any way interferes or may int\lffere with the quiet enjoyment of occupants ofthe Residential Lots. Unless. otherwise pertllitted by the Association Rules .• no Owner shall.serve food or beverages, cook barbecue, or engage in similar activities except withip such Owne~'s Residential Lot, All Owners shall observe the noise restrictions contained in Section 1 '7.6 of this peclaratioll. -IOI20.:i925.6/ ns44-0000t Toll/ Pimlacle·at MoOrpark Highlands CC&Rs 33 72 ;j ., I ! I I I -\ j I I ' 7.11 Entry Gates. Qeclarantshall have control over the entry gates thattnay be · sitw\ted within the Association Prop,liy and shall be responsible for the mahitenari<;le and repair of the entry gates until aU sales of all Residential Lots in the Commullicy have bet:n compl~ted or until Decll1rant in 1ts sole discretion, determines th~t the Association should take responsibilicy for control, maintenance and repair of some or all of the entry gates. The Association's obligation shall colluiienceimmediately upon receipt of written n:otice from Declarant identifYing the entry gates to be thereafter controlled and maintained by the Association. NotWithstanding who has resp9nsibility for the entry gates, Declarant shall be entitl"d to have the entry gates remain open during reg~~lar business ho.urs ill o.rderto. co.ndpct sales, The presence of entry gates in the Communicy is not a warranty, orrepreselltatlon by Declarant that anY security is bei!lg provided to ~ny Owner or to any Owners Residence .or personal property. Notwithstanding anything to the. contrary set forth in this Declaration; in rio event inay this provision be modified or anien<!ed without the consent ofDeclarant ·· 7.i2 VieW Impairment. '['here is no representation that ally view exists from any R,sidenti~l Lot. Each Owner; by acc~ting a de~d to a Reside_ntial Lot, ~knowledges that grading: of, . construction on or installation of I}nprovements, inclu<)ing landscaping, on. other · Residentia) Lots within. the Property and on surrounding real.property may impair whatever view may eXist from the Owner's Residential.Lot and each Owner consents to such)mpairment and waives any claim for view•impairment. Bach Owner, by accepting a deed to a Reside)ltial Lot, acknowleqges that any •. constJ:1!ction or installaticm. I,Jy Declarapt or by other Owners as provided in AR1'JCLE_9 hereof, mayi!llpair the_viewof such Owner, and.each Owner heteby.consentsto such impairment, _By .'\CC*pting a d.eed to a Residcmtilil Lot, eacb Owner acknowledges that: (a) there are no protected vi~'fs, .a!ld no Residenti!ll L.ot is assll!'~d of the existence, quality or UJ16bstructed. cpntiima,tiori of apy particular • view a!ld Declarant triakes no representation. or wa!Tanty that there ~re now ,orwill be in the f\llljre; 'any such vie~s or. thatanyview will impact the view or desiraliilicy of any Residential L.ot; (b) any view from •!he Resideiitill) Lot i~ not intended)!s part of the value of the ResidentialiLot and is not glll,lranteed; an.d (c j any future development, construction, lapdscaping, growth pf trees, 0r other inst~Hation .of Improvemepts by· Dec)\'l'ilnt or other ow,pers in the Community or ofproperties suqounding the Ccnnmunity inay impair the view frolll any Residential. cot.. There are no ex.ph,ss or implied easements appurtenapt to any Residential Lot for view ptirpo~es or for the passage of light and air over another Residential Lot, oj'allyother property whatsoever. . 7.13 Drainage. Each Owner shall maint~in the drainage situated within the Owner's Residential Lot free ofdebris and any other materiill that may impede the flow of water, which mitintenante obligation shall include any Cross-Lot Drainage Facilities hut·exclude any drainage facilities that the Associaiion,Master Association, City or public agency is obligated to rnairitain. If such Owner fails to. m~intain such drainage and, as a result, imminent.danger to person or property may result, then the Association shall have the right of access· onto th~ Reside)ltial Lot for the purpose of Clearing debris and other material so as t9 not impede the flowof water. This right of ac.cess shall be exercised .only for the purpose of preventing damage to persons arid property and the entering party shall use reasonable care so as (9 nofcause ariy damage to the Residential tot. The Owner shall reimburse the Association for ariy costs .and expenses incurred in cleari!l~ su_ch debris pursuant to Section 4.3.4 .of this Declaration. As required by the City, no sheet flow ofdrainage shall occur between Residential tots or lots adjacent to the Community. 101205925.6/. 32544-00001 Toll/ Pinnacle at MoorPark Highlands CC&Rs 34 '-""~"~-~~-~-r:.<;r,.,,c_;~.:." <-·'>-'ll .. ,,.'t't'('1l"':O:::,r.'l~-':!.•"'!.",• ,.,, .•_\"\,,...<!d1P·~ • T""1' ( ~ t'~·,•'1•·':':•P'?.,Jt'-.-,"!?•'lF4:•,9,,J;C,Oi> .•" >-i_S:c•·-." ·f-<j->_',-'-~C..~"""'""~~~~~"4.tlt'(>.1,1J~~~'Rl'·;' 73 ' ' ' j ! I I i I I ! ' I 1 I i I 1 I I i 'i I I i ! I ' J i ! 7.14 C:ross-Lot Drainage Facilities, Tbe Owners of Residential Lots upon which Cross-Lot Drainage Facilities are located shall not damage, alter, modify or iJ:iterfere with the operation of any Cross-Lot DraiJ:iage F!!cilities, No Owner shall .erect, place .or construct any. building, obstruction or other structure, plllllt any tree, drill or dig any well, within the portion of a Residential Lot upimwhich the Cross-Lot Drainage Facilities are located. . . · 7.15 Compliance With Requirements·. Regarding Community Storm Water· Pollution .. Each OWner acknowledges that water that enters a storm drain .flows directly, without any treatnuint; to waterWays, creeks, streams, fivers, lakes. and/or oceans. Accordingly, the National Pollutant Discharge Elimination System G'NPDES"), the Federal Clean.Water Act, and the policies and ordinances ofthe County prohibit discharging anything other than natural rain water into storm drainage systems, inCluding gu~rs lllld streets whic!r drain into storm drains. Toxic chemicals or hydrocarbon compounds su,ch as gasoline, motor .oil, antifreeze, solvents, paints, paint thinners, wood preservatives,. fertilizers, laWJ1 clippings, yard waste, detergents; pet waste, paints and other such materials and jJOllutarits shall not .be ·discharged into any street, public or private, gutters, or into storm drains or stormwatetconveyance systems. The disposal of such pol\utal)ts arid materials mto a storm drain system ,rilayresult in significant penalties and fines and that such Owner may be responsible for any aptivities by Owrie;.>s contractors (e.g., painters,llil)dscapers, etc.) who dispose of such P?llutants from ap Owner's Residential Lot into a storm dr.ain. ·system. Use and disposal of .pestiCid~s; 1'\ingicides, h~~bicicl.es, insecticides, fertilizers, and other such chemicals shall meet all federal, state, mid Count)' requirements and requirelllentsof any other gov(,fnmental agencies having jurisclic\lqn over the Property. All Owl)ers withi11 the. CommUI)ity; are required to campi)' \vith such restrictiqn~. Owners are encouraged to consult with the· County,· and oth¢r .goverpmental authorities, concerning the proper disposal of any toxic :or hazardous materiaJs. Dumping any such matetiais into sewers, gutters or storm drains i~ again.stt'he law. · · 7.15.1 Stor~ \vater Pollution Prevention Best. Management. Practices. ·To comply with the requifemel(ts ot the. County in connection with the storm water pollution· prevention be.st managtlm~nt:practices, each Owner and the Association agreesthat it will, afall times, maintain all Improvements located on.a Residential Lot; or in the case of the Association, within the Association Property and Association Maintenance Areas,> in a clean; safe and attractive condition, free and clear of any and all debris .. Alllanqscapilig shall b~ maintained l:ly an Owner. in a manner that will prevent soil erosion and· minimize sediment trllllsport .. To the extent that Declarant has insta)led any erosion protection devices (e.g., sandbags); an Owner shall not remove such device,s unless and until all landscaping has bee!) installed on a Residential Lot, and has been sufficiently g~own so as .io previ:mt soil :erosion .and transport of any sedhnent. All trash recepta:cles within. an Owner's Res'idential Lot shall be covered and closed at all times except when disposing oftrash.. The. Association and the Owners shall. :comply with .all applicable Best Management Practices ("BMP") and. perfonn·· all maintel'lance that may be imposed by any water quality management plan that ·may affect the Property~ The costs of the Association's portion of such maintenance, if any, shall be treated as Common Expenses. 7.15:2 Liability to Declarant. So long as Decl!ll'ant owns any Residential Lot within the community, if an' Owner j)t the Association is not in compliance wit)!. the provisions of this Se.ction and as a resu.lt,Declarailt may incur any liability, Qeclarant shall have the right but not the obligation to enier upon the Residential Lotto correct such violation. Any Owner 10120:5925.'6/ 32544.-00001 Toll/ Pinnacle lit Moorpark Highland~ CC&Rs 35 74 i I ! j l I 1 j 1 .. J 1 ! -.; -1 '1 j ! I I 'I I ! I I I I .! l .! who violates the requirements of this Section and the Association shall indemnify, protect, defend and hold Declarant and· Declarant's officers, directors, .. successors .and assigns entirely free and harmless from and again§t any liabilities, penalties, costs, expenses and actions, including, without limitation; attom~ys' feesand.costs arising from or attributed· to a violation of the provisions ofthis Section and, shall; within fifteen {15) days after request from Declarant; reimburse Declarant for any co$ts and expenses incurred by Declarant in correcting any violation by any Owner ofthis Section. 7.16 . Trash. Trash, garbage or other waste. shall' be kept only in sanitary containers. Owners may use their own sanitary containers unless .required by the. City to. order particular sanitary containers from the. waste services eompanythat services the Community. If the City adopts an.automated trash removal system, Owners will berequired to use automated containers · and shall be responsibleforanyloss or damageto such containers. No Owner shall permit or cause any trash or refilse to be kept on anyportion of the (;omnmnity' other than Iri the receptacles customarily used for it, which shall be <it 0red.within fenced~sideyardsor garages except on the scheduled day for trash pickup. Owners shall comply with'the AssoCiation Rules regarding trash disposal and recycling.· · 7.17 Landscaping. Prior to installi1,1g any landscaping on an Owner'sResigentia!Lot, the Owner shaH be responsible for ensuring that there is no runoff from. the Owner's Residential Lot and the Owner shall be required to take sucl;t action as may be reasonably necessary to prevent any runoff, including; if necessary, instlllling landscaping in advance of such six (6)month date. During landscaping of an, Owner's Residential Lot, latidscaping and construction materials must be stored only upon the Own~r~s Residential Lot. .. · Such materials must be properly contain.ed to prevent .spillover into the Private Stre.ets. Should spillover occur, spilled material must be swept and placed in a container. Spilled,materials Shall not be washed into the storm water .cutb! drain inlets: Teinpqrary enision or sediment control devices w~re installed by Declarantd)!iing construction of the Co~nmunity.. Owners .shall not remove any temporary erosion or sediriumt control devices install<id. by De¢lara1)t until Owner's Residential Lot is landscaped andJhe plantings are established. Each QWn~ris resp9nsible for preventing sediment leaving the 0\vnl'(s Residential Lot Each 0)>vner shall be lillb!e topeclarant for any damalle resulting fromfai).hre to prevent sediment from leaving the Ovmer:s Residential Lot, shall indemnifY, protect, defend and hold Declar.ant entirely .free and harmless from any and all liability, actions, penalties br damages arising from or attributable to any such runoff, 7.18 Slope Control, Use and.Maintenance .. Each Owner shall keep, maintain, water, plant and replant all slopes located on such Owner's R~sidentia!.Lot.(except for any slope, located within the LMD Mai~tenance Areas and' Slope Maintenance Areas) so as to. prevent erosion and to create ~attractive appearance. It shall be the duty of all Owners to conduct all .. construction and installation ofirnprovements on snch. slopes in accordance with any guidelines or rules adopted by thy Board for maintenance of sqch slopes. · Thereafter, each Owner shall keep, maintain, water, l\IIdTeplant all in sucl;t a m311ner as to protect the .integrity of such Owner's Residential Lot and all adjoining Residential Lots and the structurallmprovements thereon. No structure, planting or o!her material shall be placed or permitted to remain or other activities undertaken on such sl 0 pes that may damage or. interfere. with . established slope ratios, create. erosion or sliding proble~s, or. that may change the direction of flow of drainage channels or ·obstruct or retard the flow of water through drainage channels. 101205925.6/ 32544-00001 Toll/ Pinnacle at Moorpark Highlands CC&Rs 36 75 l I I ,, 1 I ' I ' i 1 1 ' 1 I I ! I ' 7.19 Post Tension Slabs. Th~ concrete slab for the Resi<lences in the Community were reinforced with a grid ofsteel cables that were installed irt the concrete and then tightened to create very high tension. This type ofslab is commonly krtoWn as a "Post Tension Slab." Cutting into a Post Tension Slab forany reason (e.g. to install a floor safe, to remoqelphim.bing, etc.) is very hazardous and may. result in serious damage to. the Reside11ce and/(,)r personal injury. By accepting a grant deedto a Reside11ce i11.the Community, each .Owner specifically covenants and agrees that: (a) such Owner shall not cui into or otherwise tamper with the Post Tension Sbib; (b} such Owrter shall not krtowingly permit or allow any person to cut .into .or tamper with the Post Tensiol) Slab so long as such Owner owns any interest in the.Resi<lence; (c) such Owner shall di.sclose the .e)(iStence of the Post Tension Slab to any. tenant, lessee or. subsequent purchas!"r ofthe Residence; and (d}~rich Owner shall indemnify, protect, defend and bold Declarant and its .respective officers, employees, contractors artd agents, free and harmlesS from and ~gainst any and all claims, damages, losses,· or other liabil\ty (inciuoing, without .limitation, attorJ\eys' fees)arising from any breach of this Section. · 7.20 SetbackS; Each Owilershall comply vvith all setbackrequire!llentsofthe City, inch:tding without limitation .setback requirements ,that apply to property that. adjoins existing agricultural operatio11s. As of the date of recordation ofthis Declaration; the City prohibits the installation ofhabitable strUctures within portions of the rearyardsofLots 12 thlough 26 of the . Final Map. · · · 7.21 Compliance With Laws •. Etc. No Owner shall perinit anything to be done or kept in the Owner'S Residential Lotthat viol.ates any law; ordirilince, statute, rule or regulation of any loc!ll, county, slate or-federal body, htcluding any laws, ordinances or statutes pertaining to the use or storage of any hazardous, contaminated or toxic .materials. 7.'22 Indemnification; Each.Owner shall be liable to the remaining Owners and the Association (I) for any damage to the (::ommunity that may be sust~dn.ed by reason of the gross negligence or willful misconduct of that Owner. or that Owner's Invitees .(if the Association is unable torecover from the Invitee.for such damage); or (2) to,the extent that damage caus~d by the Owner or.· the . Owner's Invitees is not C()Vered · by· !n$urance proceeds received by the Association. Upon demand by the A~sochition; each Owner shall be responsible for the payment of any deductible amount payable under' the Association's insurance policy as a result of any damage caused by the Owner or the'Qwner's Invitees. 7.23 Abandoned Oil Well Disclosure. Tvvo abllhdoned oil wells are located within the real property covered by the Fi#afM:ap, one onLot46 of the Final Map and one near the southeast comer ofParcel P ofthe Final Map; The.se oil wells were.pl11ggedan<l abandoned in 2004 under permit from, and obseniation of, the California DepartmentofCol)servation Division of Oil, Gas, and Geotherinal Resources ("DOG"}, Lot 46 of the Fiiuil Map may be subject to additional limitations imd constrUciion requirements as a result ofth¢ presence oftheabamloned oil well. Documentation and additional information regarding the wells and their .abandonment may be obtained from DOG. 101205925.6/ 32544-00001 Toll i Pinnil.cie at MoorJ)ark.Hightands CC&Rs 37 76 1 I -l 1 ·I 'I j "1 ; I J ! J ··.-i I I I ·1 ' i ., I j ·:I . ARTICLES . IMPROVEMENTS ·-8.1 Maintenance Obligations OfOWners. 8.Ll Maintenimce of Residential Lots; Su]>ject to any provisiOns of the Governing Documents, . each Owner · shall · maintain, ·.repair . and· otherwise. care . for the maintenance, repair and replacement of the Owner's Re~ideuce, Parkway Landscaping and all Improvements situ11ted within the Residential Lot, inchiding without limitation . Cross-Lot Drain11ge Facilities, but exch,iding Cross-LotDminage Fl~ei!ities and other Improvements that. the Associlltion, the. M~~Ster AssoCiation or the Landscape Maintenance District is. pbligated to maintain, in a good condition of mainteiuuice and:repitir and in accordance With the requirementS ofSections 17.7 and 17.8 ofthisDeclaration.· · . 8.1.2 . Oualitv. of Maintenance. All such maintenance. shall. be performed in such. a manner as .shall be. deemed necessary in the judgment of the Board to preserve the attractive appel!fan9e thereof and protectthe value thereofin compliance with all requirements of the Maintenance Obligations .. AnY such maintenance, repair or replapemerit of any of the foregoing which Is visible from outside of a Residential Lot shall be consistennvith. the e~isting design, aesthetics and architecture ofthe Community. · 8:1.3 • Owners' Compliance with. Maintenimce· Obligations: By accepting·a deed to a Residential·Lot, •~:ach Owner·ackn.owledges and. agrees. that he or she. Is required to comply wi1h all. of the Maintenance Obligations and schedules .. set forth .in the Homeowners MaintenanceM~ual, and each Owner is fi!rther obligated to provicje a copy of all documents describing Maintenance Obligations to any succes~or purchaser of such Owner's Residential Lot. · 8.2 Fence and Wall Maintenance ... The maintenance obligations set forth . in this Section &.2 are in addition to the maintenance requirements set forth on .the FencingExhibit: In the evei)t of a conflict, .the maintenance allocations setforth on the Fencing Exhibit $l:J,all control. 82.1 Association Maintenance Obligati<ms, The Association shall maintain, in a good condition of maintenance and repair, arid replace, if necessary; the fencing located on Association Property alld the Association Maintenance Areas, incllldiilg any perimeter fencing or wall, except as otherwise provided in section 8.2.4 . 8.2.2 Owner Maintenimce Obligations~ Each Qwner shall maintain, in a good condition of maintenance and repair, the fei)cing lo.cated within such Owner's Residential Lot, except as .otherwise provided in Sections 8.2.3 and 8;2.4. 8.2.3 Interior Fencing Between TWo Residential Lots; Each Owner shall maintain the .interior surface of any fencing which. separates tw.o (2) Residential Lots, .and the ()wners shall share, on au equitable basis, the cost of replacing such fencing. The Owner of each affected portion of the Property upon which a party wall or fence is located shall have a reciprocal non-exclusive easementto the Property i~m~diately adjacent to the· interior fence for the .limited purpose of maintaining the PartY wall or fence. 101205925.6/ 32544-00001 Toll/ Pinnacle at MoOrPark .Highlands CC&Rs 38 77 8.2.4 Fencing or Wall Between Residential Lots and Association Property or at Bonndarv ofAssociationMahitehance Area. · · (a) Block WaiLTfany interior block waif separates a Residential ):,ot from Association Property or separates Assbciatiori Mail;!tenilnce Ar¢a from the remai!lderof a Residential Lot, the Owner of the Residential Lot shall maintain the surface ofthe blockwall facing the Owner's R<:sidence and the Association shall maintain the surface ofthe block wall (acing the. Association Property or Association Maintenance Area: The OWner shall have the obligation to repair and replace such wall. . . . (b) Combination Wall or Tubular Steel FenCing, If any interior combination block wall~tubular steel fence or any tubular steel feil,ce sepai:~tes a Residential.Lot from AssoCiation Property or separates Association Maintenance Atea from the remainder of a Residential Lot,. the .Owner of the Residential Lot shall maintain the tnbularsteel fence and the surface of the block wall facing the Owner's Residence, and the Association shall maintillnthe surfaceo(the block wall facing the Association.Property or Association Maintenance .Area. The Owner shall have the obligation to repair and replace Slich combination wall or tubular fence. 8.2.5 Liability for Damage, Notwithstanding any other . provision of this Section 8;1, an OWner who)yhis or her negligent orwillful act causes a wall o.r fence within the Community to be damaged shall bear the whole cost of repairing such damage. 8.S Owner's Failure t() Maintain. Each Owner shall maintain his o(her Residential Lot in a manner satisfactory to the ·Association and in ·accordance with the . Governing Documents. In the event that a Residential Lot Is not so maintained, the Association shall have •· the ~ightto enter upon the ~esidential Lotto inaiptain the ~~e, af'ter giving the Owner at least fij:teen (15) days' written notice to. cure .any mamtena!lce problems or deficiencies. In the .event that the A;ssociation ·exercises its right of entry for maintenance puwoses, the Association shall have the right to assess the Owner for tht;l cost of such maintenanc.e .. · 8.4 Maintenance Obligations {)fAssociation; The Association shall be responsible for maintaining, repairing, replacing and otherwise caring· for all . the Association Property (except for those Improvements that the Master Association o~a Landscape MaintenanceDistrict is ()bligatedto maintain), AS$ociation Maintenance Areas and any other areas to be maintained by the Association in a good condition of maintenance and crepair in accordance with the Maintenance Obligati()nS and the requirements of the City set forth in 'St)c~ions 17.7 and 17.8 below. If the Community is developed as plaimed, itis anticipated. that the Associalionwill.be obligated to maintain .the areas and Improvements depicted on Exhibit "F" atiached hereto and incoworated herein. However, there is no assurance that the Community will be developed as currently .planned,. that all of the areas depicted on Exhibit "F" will.become subject to this Declarati<;m .or thatthe areas 1md'Improvements that the Association will be obligatedtomaintain · are limited to those depicted on Exhibit "F". The Association's obligations to perform such maintenance in any Phase shall commence on the date Regqlar Assessments commen,;e on Residential Lots in such Phase. Until commencement of Regular. Assessments on Residential Lots in a Phase, the Association Property, AssoCiation Maintenance. Areas and other areas to be maintained by the Association in such Phase shall be maintainedby Declarant. 101205925.6/ 32544~00001 TOll·/ Pinnacle at Moorpark HighlandS CC&Rs 39 78 I I i I I I I I 8.4.1 Additional Items. • The Association shall also be responsible for maintaining. any hnprovements that a majority ofthe Voting Power oftlie Asso.ciation designates for maintenance by the Asso.ciation. . 8.4.2 _· Charges to Owners. All costs o.fmaintenance, repairs and replacements for the Association Maintenance Areas atid. any .other area to be maintained by the Association shall be paid for as Common Exj)enses a&pro.vided in this Declaratio.n. 8.5 Inspection of the Community. The Association shall regulariy insp<ict the Asso.ciatio.n PropertY ano otlier ateas maintained .):iy the Associatio.n j)Ursuantto. this Declaration, including . witho.ut limitatiou, . the. landscaping, drainage, and , irrigation systems,··. and lightiug serving or within such areas. The Assod~tio.n sh~ll also. comply ·with any jnspectio.n requirements set forth In the Asspciation Maintenance' Mll\lual. ·. The AssoCiation shall employ the services ofsuch experts and consultants as are uecessatY to assist the Association. in performing such inspeciions and roitow any recommendations containeo ·in th¢ Association Maintenance Manual. ·. The inspections requiied to be douducted by the Board uu~~r this Article shii!Hake place aL!east annually. The inspectQrsshit\1 pro.vide Written reports of their inspectio~s to the Associ.ation lind., if requesi~d by Uecl!ll'll\li, to Declarant promptly following completion thereof. · If:i:equesjed by Declarant, UeclarllJ}t sh~lt be invited tir att~nd any such inspections. The written reports shali identify any Jterris ofn.taintenance or repair which either require current action bytlie A$sociation or wiU ne~.d further review and analysis. Such written repmts s!Jall spe:Cificaliy. include. a review ofall •• irrig~tion. ancl ·qrainage systellls. located within the Association Property. T))e Board shall n,p()rt the contents of such Written reports to Declarant' (if not already provided by the inspect~r dir~ptly) so requested by D~clarant and to the Members of the Associatjon ~~ the next.mee(ipg of ·(he !vf~mpers following~ receipt of such written reports 9r as soon thereafter as ~easdn~jhly prcycti~ab16 .and shall incll,lcle such written repor(s in \he.IJlinutes of the Association meeting, TheBoarcis)lall pr-omptly cause all matters identified as requiring a~ention to. be m,!lintaitje~, repaired, or ~!herwise pursued in accordance withp]Udent business ptiictic~s and the reCOp1111j>ndatio)ls of the inspectors and shallk~ep a recotd o( all such matterp intljl' Board's minutes. AllY damage;to a(ly structUre, landscaping or other. improvements caused by the Association, . or any -of its officers, agents,. employees or independent contractors; while performiitg sii9fi rliii;intenance, repair or replacement work shall be repaired by the Association at its sole cost and expense~ 8.6 Damage by OWners. Each Owner is Hable to the remaining Owners llJld tp the Association for any damage; to the Association Property if the ditmageis sustained due to_ the.act of an OWner, or such Own.er's Invitees, or any other persons 'deriving their right iouse the Associati9n Property from the Owner, or such Owner's respective family, tenants and guests, provided that unless thed~tna~e i_scalised by the gross neglig~nce or willful r(iiscondu,ct of the Owner, the Owner's li!lbiHty shal1 be limited to the amount ofJia):ii!ity ii)surahcy the Owner .is required to carry pursuant to this Declaration.· the Association may,· after Notice and Hearing, (a) determine whether any claim shall be made on }he Association's insurance; and (b) levy an Enforcement Assessment equal to ihe cost of repairing the da!I)age or any dedu~tible paid and the increase, if any, in insu'rance premiums directly attributable to the da~nage caused by such Owner or iheperson for whom such Owner maybe liable as described in this Declaration; !fa Residence is jointly owned, the liabilit)' of its Owrters is joint ard several, except to the extent that the Association has. previously contracted in writing with the joint owners to the contrary. 101205925.6 I 32$44-00001 Toll/ Pinriacle lit Moorpark Highlands CC&Rs 40 79 I I I i i ! i 'I I ,, l I ' ' 'i ; I i I .I i 'I 'I I I After Notice and Hearing, the cost of correcting the dliinage shall be an Enforcement Assessment . against such Owner. · . 8. 7 Future . Construction. Nothing in this Declaration shall·. liU1it the right of Declarant. to complete construction of Improvements to. the Association Property, Association Maintenance Areas and to Residences owned by Declarant .or to alter them or to construct additionaflmprovementS,. as Declarant deems advisablebeforecornpletion and sale ofthe entire Community. · ARTICLE.9 .ARCiiiTECTlJRAJ,.JlEVIEW 9A Master Architectural Review ci.lnmittee Approvat . The approvals re9uired to be obtained under this Declaration are .in addition to the approvals· required to be obtained from the Master Architectura!Review Committee• Upon approval by the Board of the Plans and Specifications for any Improvements in accordance wi1;h the provisions .set forth in. this. ARTICLE 9, an Owner shall submit such Plansan,d. Specifications to th~ Master Architectural Review Committee for approval in .ac"ordance .wi!h the. provisions ap.d procedl.ltes set forth in the Master Declaration. In the event the Master ArchitecturalRiwiew Comfi1itteedisapprovesthe Plans arid Specifica(ions, and requires any changes thereto, then the revised Plans and Specifica1ions Sh!lll be resubmitted to the Boari!forapproval. )n the event of a conflict between the. Plans .and Specifications approved by !he Board ap.d the Plans an~ Spe0fficiltions approved by. the Master Architectural Review Committee, the Plans and specifications approved by the Master . Architectural . Review Committe.e shall coritrol. . 'The. Board shall . have. the right to condition approval tinder this ARTICLE 9' upon receip( of evidence that any Owner haS received tpe necessary preliiriiriary and final approvals required tinder tMMitsterDeclaration. 92 Not Applicable to Declarant., The provisions ofthis ArticiesP.aiinot apply to any Improvements·installed byDeclarant;and neither the .Board nor the Architectural Committee shall have any rights of review or approval with respect thereto. · · · 9;3 Scope. To t\le 'eitent that an Owner is entitled under this Declaration to modify his Residential Lot in aily . mariner following .. review and .. approval by the Board, ~o Improvements of any kindwhatsoever shall be cprnmenced, ere.cted, placed or altered upon or . around ap.y Residential Lot until the location .and the complete plaits and specifi9~tions showing the. nature, kind; shape, height and materials, including the color ("Plans an.d Specifications''), have been submitted to and approved in writing as to harmonyof exteniil d~sigp. and locationto surrounding structures and topography by the B9atd. In additipn, the r,inide, level or drainage characteristics of the Residential Lot or any pqrtion thereof shall' not be altered without the prior written c6nsent of the Board. 9~4 Architectural Guidelines .. The Board may, from time to ti.meancUn accordance with California Civil Code Section 1357.120 et seq., .adopt, amend .11Iid repeal; by unanimous vote, rul¢s and regulations to be known as "Architectural Guidelines.'' The Architectural Guidelines shall interpret and irllplement the provisi6ns hereofby setting forth the standards and prpcedures for Board review and guidelines for architectural design ofimprovements, placement of Improvements, color schemes, exterior finishes and materials and similar features which ate 101205925.6 f 32544.00001 TOll/ Piima·Ch~ at Moorpark Highlands CC&Rs 41 80 i I ., .::1 I :-! I I I ! ! l I '' I l I I I recommended for use in the Comml}nity; provided, however, that said Architectural Guidelines shall not be in derogation of the standards required by this Declaration, · 9.5 Approval ofPians and Specifications .. E,xceptfor work p~rformed by Declarant in connection with the constructioir and marketing of-Residential Lots, nothing shall be built, caused to be built, or done in any part of(he Property that will alter or cause any alteration to the Ass.ociation Property without _the prior written approval ofthe Board. Any Owner proposing to. construct Itnprovements or take other actions requiring the prior approval of the Board pursuant to this Dedarati(ln shall first. apply to the Board for preiJmina.ry approval by subm.ission of preliminary plans imd specifications and. any other materials required by the Board to show the nature, kind; shape, height, materials and. other asptl\'tsofthe prpposed change;cincludingwithout limitation ,Pla11s and. Specifications in ac9ofdance with ·the Architectural Guideline~, if any, arid evidence ~atisfactory to • the Board that the proposed. b:nprovements comply .with all. applicable laws and buildipg cpde requirements .. The purpose of the preliminary approval procedure i~ to allow an Owner proppsing to cOnstruct Improvements an opportunity to obtain guidance concerning• design considerations before.expendingsubstarltial.sutps for pl~ns an<l. other. exhibits required to apply for final approval. Applications for preliminary approval shall be considered arid disposed of as set forth below. · . ' . . . . 9.5.1. Time Periods for Review, Within. thirty (30) days after an Owner's proper application for pr~liminary approval, the Board shall consider and act upoii such request. In the event the Board fails to approve m' disapprove any such Plans and Specifications witllin thirty (30) days after all document~ and informationfequested by the.Board have been received by it, the Owner requesting said approval may submit a written 11oticeto ~he Board advising the same of its failure to .act. If the Board fails to approve or disapprove any such Pl:u)s and Specifications within fifteen.U5) 4ays after the receipt of said n~tice from such Owner, said Plans· and Specifications.shall be deemed approved, provided thai any Improvements conform to all conditions and restrictions contained itithis Article.and are· in harmony with similar structures erected within the Commlinity. · 9.5.2 Effectiveness of Approval. An~ Board approval granted as .provided · above shall be effective fpr a period of ninety (90) days ·from the date of tile i.ssuance thereof. 9.5.3 Filial Approval. During the ninety (90) day preliminary approval period described above, any applkaiion for final approwJ tllat consists of proposed Improvements in accprdance with the provisions ofthe preliminary approval, and is otherwiseacceptableunder the terms of this Declaration and the Architecttiral. Guidelines, sha11 be approved by the .Board as set fortll below. 9.5.4 Approval of Solar Energy .Systems. Any Ownerproposing to install or use a solar energy system,. as defined in. Civil Code Section80 1.5 shaiibe subject to the S\lffie review and approval process as any Owner proposingto constructany Improvements-or other actions requiring the approval of the 'BOard pursuant to this Declittation ... I{owever, only reasonable restrictions on the installation and use of a. solar • energ~ .system shall. be p~rmitted. Reasonable restrictions on a solar energy. system are those restrictions that do n.ot significantly increase the cost of the system or significantly decrease its suffiCiency or specified performance; 101205925.6/ 32544'00001 Toll/ Pinn~cle at Mooi'park Highlands CC&Rs 42 81 I I I ' ! j I .j i I ! I i i .I I I •I ' I 1 ! i or which allow for an alternative sy$tern of comparable costs, efficiimcy, and energy conservation benefits. 9.5.5 Complhince.With California Civil Code Section i378. In approving Plans and Specifications submitted to it pursuant to this ARTiCLE 9, the·Bmird shall comply with the requirements of California qvil Code Section 13 78. 9.5.6 Governmental Regulations .. In the eventthere is any conflict between the requirements or actions of the Board and the mandatory regulations, ordinances or rilles of any governmental entity relati~g to. the Property, the. government. regulations, .ordinances or · rules, to the extent that Sl!~!l regulations, ordinances or .rules are more restrictive, shall control, and the. Board shall m()dify its requirements. or actions to conformto the government regulations, ordinances or rules; provided, ho\Vever, that' ifthe governmentalregulaiions; ordinances or rides areless restrictjve, the provisions of this .Declaration shall nonetheless apply. The application to and the review and approval by the jloard of any Plans and SpeCificati~ns or other.submillids by anOwrter shall in no way be deemed to satjsfy or comply with anYb]Jilding permit process or other. applicable statute or Jaw, or. governmental regulation, ordinance or rule or publi() utility requirements (hereinatter collectjvely referred to as "Adtlitional }tequirements") the responsibility for which sl).all·lie ~olely with the· OWner; provided, however;· ifthe. Additional Requirements are •less restrictive. ·than the. provisions of this Declaration~ the provisions of this Declaration shall nonetheless apply. · 9,6 Inspection .and. Correction .of Work. Inspection of 'work artd correction of defects therein shall proceed as fo)lows: 9.6.1 Right of Inspection During Course of Construction. The Boaid or its duly authorized representative may enter into any Residential Lot, from time totime, as provided below during the course of constrilctioii or install~tion of any)mpmvements tor the purpose of inspecting the constrilction or installation. If the Board determines that such construction and! or installation. is not bein~ done· in substantiat ·compliance with the approved Plans and Specifications, it shall notifY the Owner ofthe Residence of s\lchnohcompliance; The Board may not enter into a Residence without obtaining th.e. pd9t permission ofthe Owner or occupant of such Residential Lot; provided, however, that s\lch pijorpermis~i 0n shall.not be 11nreasmtably withheid and sball be given for entry by the Board during the daylight hours within fortyceight ( 48) hours of the request for entry. · · . . . 9.6,2 Notice of Completion. Upon the completion of any .construction or reconstruction or the alteration or refinishing of ariy ImprovementS; or upon the completion of any other work for which approved Plans and Specifications are required under this ArtiCle, the · Owner shall give written notice of completion thereof to the Board. 9.6.3. inspection. Upon reason~ble notice afterreceivingnotice of completion, the Board, or its duly authorized representative, shall have the rightto ent~dnto a Residential Lot (but not the interior of the ll,esidence situated therein), as provided in Section 9.6.1 above; to inspect the Improvements to determine whether they were constrilcted or installed in substantial compliance with the approved l'lans and Specifications. If the Board finds that such construction or installation, was not done in substantial .compliance with the approved Plans and 101205925.6/ 32544~00001 Toll/ Pinnacle at Moorplirk Highlands CC&Rs 43 82 'i Specifications, it shall notify the Owner in writing of sucb non,complia~ce within .sm:h thirty (30) day period, specifying particulars of non-compliance, ~d shall require the Owner to remedy such non-compliance. · · 9.6.4 Non-Comnliance. If; upon the expiration ofthiTty (30) days from the date of notification of non-complilince, the .Owner shalf have. failed to teme(!y such non-compliance, the Board, after affording. the Owner Notice. and Hearing, shall determine whether .there is a. non-compliance, and if so, the nat:ure thereof andthe estimated cost of correcting or removing· the sanie. If non-compliance exists, the. Board shallrequire the Owner to reme<:lyor remove the same within a period. of not more than thirty (30} days fromthedate ofthe Board ruling. If the Owner does not comply with the Board ruling within such period or within any extension ofs11ch period as the Board, in Its discretion, may grant, the Board, at its option, m(ly either r(Omove. the non,compiying. Iniprovement 0r remedy the n<inccompliance and the Owner shall reimqurse the Association for all expenses incurred in connection .therewith upon dellJ.and. Ifsuch expenses are not promptly repaid by the Owner to the Asso.ciation; the. Board shall levy .aii Enforcement Assessment aga!nst such Owner fm reimhin'sement. · 9,6.5 Failure to Notify, Iffqr any reason the Boardfails to notify the Owner of any non-compliance within sixty {60) days after receipt· of .the. notice. of completion from the Owner, the Improvements Shall be deemed to be in accordance with said approved .Plans and Specifications. 9.7 Diligence in <Construction. Upon approval by the Board of any Plans. and Specifications, the Owner shall promptly commence construction of the Improvements and diligently pursue the same to completion. . . 9.8 Fee for. Review .. The Board shall have the rightto establish a fee for the review and approval ofFlans and Specifications that must· be submitted to the Boilrd pursuant to the provisions of this Ai:t.icle. ·the Board shall havetl1e tightto hire an engineer or other consultant, th.e opinion of which the Board deems necessary in connection with its review ofany<plans submitted by any Owner and such Owner shall be liable for paymimt of such engineer's. and/or consultant's fee. · 9.9 Interpretation. All questions Of interpre!ation or construction of any of the terms or conditions herein shall be resolved by the Boarp, and its decisjon shall be final; binding and conclusive on all of the parti<lS. affected. Notwithstanding the foregoing; in the event an Architectural Committee is appointed and theArchitectllral Committee disapproves any Plans and Specifications submitted by M Owner pursu(l.Ut to this Article, the party or parties ma~ing such submission may appeal inwriting to the Board. The Board must receive the written request for approval not more than thirty (30) days following the ftpal decision of the Architectural Committee, Within thirty (30) days following .receipt of the writtemeq\leSt for appeal, ihe Bowd shaH render its written decision. The failure of the Board to render a decision within the thirty (30) day period shall be deemed adecision against the Owner. 9 . .10 Waiver.· The approval by the Board ofanyPlansand Specificatimisfor anywork done or prop(lsed, or for any other matter requiring .the approval of the Board. under this 101205925:6/ 32544-00001 Toll/ Pinnacle at Moo·rp·ark Highlands CC&Rs 44 .I -·~"'"""""''~ . .,.._,.,,"~-~"""'"'-"-'··'·-,-• ,.-:~~~"ou._,. ""'· """·-'='17·-. ,,.,, .;;-n.f. • ~·>V?·'·-~-~--,._'i.'JA-"' "'!f·_..,.,>\...,,u.,;, ·.•f'\-.Pf~'?'i'~,:.',c-·-~,--;a.~ -.~"""~-~~~~~-"~~---;::'t':'i''"-·'t'T··~:-83 1 I • i ! l :1 1 :1 I ! I j I I ! Declaration, shall not be deemed to constitute a waiver of any right to withhold approval of any similar Plans and Specifications or matter subsequently submitted for approval. 9.I I Estoppel Certificate. Within thirty (30) days after written demand is delivered to the Board by any Owner, and upcin payment to theAssqciation of a reasonable fee (as fixed from time to time by the Association); the Board shall issue an estoppel certificate, executed by a majority of its members, certifyi,ng (with tespect to any Residential .Lot ofsaid Owner) that as of the date thereof,· either: (a) aUjinprovements made and other work cotnpleted by iaid Owner comply with this Declaration; .6r. (b) such Improvements or. Work do not so comply, in which event the certificate shall also i<}entify the non-colllplying Improvements. or work and setforth with partiCularity the basis ofsuch non•compliance. Any purchaser from the Owner,or from anyone deriving any inter#St in.saidResidentiill Lot through the Owner, sh~;~llbe entiiledto rely cin said. certificate with respect to. the matters therein set forth, such matters being conclusive as · between the Association; DeClarant atid all Owners and such persons deriving any interest through them. · 9.12 Liability. Neither. the Board, nor any member thereof shall be liable to the Association orto any Owner for any damage, loss or prejudice suffered or Claimed pn account of: (a) the approval or disappr(rval of any Plims aJld Specifications, Whether or not defective; (b) tlie construction or performance ofahy work; whether or not pursuani to approved Plans and Specifications;. (c} damage to the Community or imy property within the Community; or (d) the execution and filing of an estoppel certificate pursuant to-Seetioli i}.u, whether or n~t t~Je facts therein are correct; provided, however, that· the BOard mem~er has ackd. in good faith Cili the basis of such information as may,bepossessed by bini or her; Without in any way limiting the generality of the foregoing, the )3oard; or any niember thereof, ·may, but is not required to, consult wjth or hear the views of the Association or any Owrier with respect to any Plans <md Specifications or any oth~r.propos~l su)Jmitted to the Board, 9.1.3 Variances. The Board may authorize variances from' compliance with any ofthe' architectural provisions of this Declaration, including, without Jimitat~on, restrictions upon height, size, t1oor area or placement of Improvements or otjter similar restrictions; when · circumstances such as topography, natural obstructioos; . aesthetic or environme!ltal considerations may r.equire. Such variances may be evidenced in 'Writing, mustbesignedbyat least two (2) members ofthe Board and shall become .effectfv~ upbn recilrdation in the Office of the Cou11ty Recorder. If such,variance's are granted, no violation, of the covenants, conditions and restrictions c.ontained in this .Declaration shall be deemed to have .occurred with respect to the matter for which the variance was granted .. The gra0ting of such a vati!mce shall not operate to waive any of the terms and provisions of this. Declaration for. any purpose .. except as tO the particular Residential Lot and particular provisiol) hereof covered by th~ variance, nor shall it affect in any way t}le Owner's obligation to comply with all governmental laws andregnlations affecting the Owner's use of the Residential Lot; including, with 0ut limitation, zoning ordinances and lot setback lines or requirements imposed by the City or any other governmental authority. 9.14 Appointment of Architectural Committee. The Board shall have the. rigbt.to delegate its review and approval rights under this ARTICLE 9 to an Architectural Committee. If the. Board so elects, the Architectural Committee shall consist of three (3)members. One 101205925.6/. 32544-00001 Toll I_ Pinnacle at Moorpark Highlands· CC&,Rs 45 84 I i' ! I I (1} alternat~ memb~r may be desill!lated by the Board to act as a substitute on the Architectural Committee in the event of absence or disability o(f!ity member. In the event \heBoardappoints an. Architectural.Committee, all rights· hereunder shall apply to the Arqhitectutai Committee and all references to the Board shall be deemed to refer to the Architectuhd Committee except for the references to Board setforth in Section · 9.9 above. · · · · · · 9.15 Compensation. Th~ members of'any Architectural Committee .appointed by the Board _shalL receive no compensation for· services rendered; other than reimbursement by. the Association fol: expenses incurred by them in the performance of their duties hereunder, uril~JSS the Association reta!ris a professional architect, engineer .or designer as a memb~r of the Architectural Cpmmittee for the purpose of providing professional. services, in which event reasonable compensation for such mem]?er shall be approvefi by the Board; · 9.16 Amendments; Notwithstanding/,\RTICLE 14 of this Declaration(entitled "Amendments"), no amendment, verification or rescission of this AATi(;LE 9 may be made, nor shall Declarant, or any success<ir thereof, be prohibited from completing the const:rilction of the Community prior to the conveyance by Declarant; or itssuccessor, pfthe last Residential Lot without the (i) written: consent of Declarant, and the (ii} recording of such consent in the Office of the County Recorder. · ARTICLE10 . DEVELOPMENT IUGHJ'S. 10.1 Limitations of Restrictions.· Declarant is undertaking the work of developing Resigential Lots and other Improvements within the Community: The. completioJ1 of the development work and th~ marketing and sale, r<mtaland .other di~positi()n of !he Residential Lots is essential to the establishment and welfare of the Propeity and the AdditionaLPropertyas a first class residential comm':lnity.' Inotderthatsuchwork.mf!y be completed, nothing in this · Declaration shall be interpreted to deny Declarant th~ rights set{orthin this Article. 10.2 Rights of Access and <.;ompletionof Construction. Until the seventh (7th) almiversary of the original iss\lilnce of a Public Report for the most recent Phase, Declarant, its contractors and subcontractors-shall have the rights set forth below. · 10.2.1 Access. Declarant, its contractors and subcontractors shall have the right to obtain reasonable access over aild across the Association Property or do wiihin any Residential Lot owned by it whatever is reasonably necesswy or advisable in connection with the completion of the Community and the marketing and maintenance thtm:of. Declarant shall have the right to ke.ep any gate to the Community open during construction, sale and marketing of the Community, . I 0.2.2 Construct Im.provements. · Declarant, its. contractors and. subcontractors shall have the right to erect, construci and maintain on the Association Propeity of the Community or within any Residential Lot owried by it such structures or fmprovements, including, without limitation, sales -offices and signs, as may be reasonably necessary for the conduct ~f its business to complete the work, establish tj:Je Community as a, resii!ential · com~unity aild dispose of the Community or other commlinitY or project owJ;led by Declarant by 101205925.6 i: 32544·00001 Toll-/ Pinnacle at Moorpark Highlands CC&Rs 46 85 ! I 1 I i ! I I 1 ·i :/ I I .:! I :.j j J sale, lease or otherwise, as det~rmined by Declarant in its. sole discretionand to perform or complete any work to improvements required for Declarani to obtain a release. of any bonds ·posted by DeClarant wi(h the Ci(y. 1 0.2.3 Grant Easements. Declarant, its contraCtors and subcontractors shaH have the right to establish andlorgrant over andacross said Association Property such easements and rights ofway on, over, under or across.aU or anypart thereof to or for the benefit of the. State of California, the City, the Colin(y or any other political subdivision or public. qrganization, or any public utility et:~ti(y or cabletelevisioil provider, for the imrpose o[constructing, erecting, operating apd maintaining lt1~provements thereon, thereino(thereunder at that time or. at any time in the future; inchiding: (i) roads, streets, walks, driveways, {rails, paikways and park areas; · (ii) poles; wires and conduits for transmission of electridty; .. provi4ing telephone service and cable television service to the Community and for the necessary attachments in connection therewith; and~ (iii) public and private sewers, sewage disposal systems, st~nri water drains, land drains and pipes, water systems, sprinkling systems, water, l:ieatfug and gas lines .or pipes and any ancjaU equipment inconnectioii therewith. The AssociationProperty shal( be subject io any dedicatio.n. s~ated in the Fipal Map for the Comrnimity .o.f an ·easement for: public use for instaUationolflaintenan9e and operation of facilitiesJor public utilities ovcit aU of.the Association Property. S!!id public utilities easernentshaU fuure ancj run to aU franchised ~tility companies and to the.pty, the County; andthe.State and_shaU inClude the rigl].t ofi~gre~s and egress over the Associal;ion Pmperty by vehiCles of the City, the County and the St~te \lnd ~uch utility companies: t!) P.roperly install, maintain, repair, repl&ce ~d otherwise se!'Vice such utility facilities: The grant of saicj pub lie utility easement shaH not be interpreted to imply any obligation 0f.responsibility of any stich utili(y c()mpany or th~ City, the Colll\~y or the. State for mainterian¢e or operation 0fany of the Association Properly 'or the facilitiesJpcated thereon or the repair, 'r~placemeni or reconstruction. thereofexcept for those Improvenj.eiJ.ts. owned by the utility comp!)Dies, the City, the Coun(y or the Stf1.te, and exce~i liS oCC!Isioned by the negligence or willful inisco.nduct ofthtf utility companies, the City, the;County, or the St&te. ·Except for lawful and proper fenc~s, · strucfllres .and facilities placed upon:the AssociationProperty by utility· companies,ctl;le As.socbtion l;'rbperty ~ubjectto, the public:; utility ~ilsemenphan:~e keptopen and free from qulldings andstructures. The City,th~ County and the State fut'tl!em}lore is granted an easement across the Association Property for ingress and egr~ss for use by emergency vehicles of the City; the County .and the State. · 103 Size and Appearance ofComm1lnitv. Declarantshall not be prevented from increasing or decreasing the number of Residenti!IILots th~t may be annexed to the Community or from changing the exterior appearance of Associati<m Property, Associatio.n Maintenance Area strUctures, th~< landscaping or any other. matter directly or fuqirectly "connected with.the Community in any .manner deemed desirable by Declarant, if Declarant obtains governmental consents. required by law. 10.4 Marketing Rights. 10.4.1 General Rights: Subject tq.applicable law, Declarant shaH have the right to: (i)maititain model homes. sales offices, storage areas and related facilities in anY unsold Residential Lots or Association Property withip the Coll)llluriity as are necessary or reasonable, in the opinion of Declarant, for the sale or disposition of the Residential Lots in the Community 101205925:6/ 32544-_000dl Toll/-Pinl)acle at Mo·orpark Highlands CC&R.s 47 86 I I I I I j I I i i j I i j i I i I I I i 'i .·1 . . . or for the sa)e or. disposition of the residences inanyothercommunities or project,s developed by Declarant; (ii) make reasonable use of the Association. PropertY and facilities forthe sale of Residential Lots; (iii) post signs, flags and banners in connection with its marketing of the Residential Lots;· and (iv) conduct its business of disposing o:(Residential Lots or other comrnuriities or projects owned by Declarant by sale, lease or otherwise. 10 .4.2 Agreement for Extended Use; If Declarant requires exclusive use of any portion: of the Association PropertY for . marketing purposes following the seventh (7th) anniversary ofthe original issuance of a Public Report for the mostwcentPhase, Declarant·may use the Associl\tion PropertY only .if .an agreement is entered into. betw~en Declarant and the .As.sociation. The agreement must specifically provide for a limited duration for such use and must provide for a specific reasonl\ble rate of compensationto the Association by .Declarant. Compens~tion shali be commensurate with the nature, extent and duration ofthe use proposed by Declarant. In no everit, however, shaU Declarant be dtmied the rights touse the Association PropertY ~d any Residential Lots owned by Declarant as an Owrier. 10.5 Alterations to Map. At any time within three. (3)years [rom the date that the first Residentia!Lotin a Phaseis c<inveyed to anOwner other than Deelarant,.the boundaries of any Residential Lot or Association: PropertY in that Phase may be altered by a lot linea:djustrnent or oiherchange reflected on a.s1.1bsequentlyr¢corded Recotci. of Survey, parcel map, fmafm~p or amended final map; provided thatthe altered boundaries are approved by Declarant Md ali owners of the Property involved in the boii.ndary adjustment (the Board wiih respect to Association Property). Any alteration approved by Deelarant may make. minor changes to the number of Residentia:)Lots in the CommunitY .. ;\n alter!liiqn. shall be effe.ctiv¢ upon r~cordation of the Record of Survey or map and, upon such rec()rdation, the boundaries of the altered Residenti~l Lot or Association .Property shall be altered fqr 'purposes of this Declaration to conform to the boundaries as. shown on the Record .of Survey or map, · . . . 10.6 . Rights to Maintain Association l):Iaintenalicec Areas. In the event the. Association fails to maintain any portion of the Association Maihten\Ulce Areas .in accordance with th~ requirements of this Declaration, afterreceipt of nqiii::e thereof from Declarant, the Declarant shall have the right bUt not the .obligation, so lo)lg asT,leclar\Ult still owns any 9fthe Property or Additiortal Property, to enter upon such portions oftbe Communiiy and perform such Maintenance Obligations and charge the cost thereof to the Association. 10.7 Title Rights. This Declaration shall not be construed to constiMe a limitation on Declarant's title rights to the Additional Property prior to its Annexation, nor shall it impose any obligation on Declarant or. any other person or entiiy toimprove,:develop or annex any P()rtion of the Additional PropertY, The rights of Declarant under this Declaration may be assigned to ariy successor(s) by an express assignment in a recorded. instrument, including\vitliout limitation, a deed, option or lease. This Declaration shall not be copstruedto limit the right of Declarant at any time prior t<i su<;h an assignment to establish additional licenses, .reservations and rightsiof-way to itself, to utility companies; to th<: City' to the <;ounty, to the State, or to others as may be reasonably necessilty to the proper development and disposal of propertY owned by Declarant. 10120592$.6/ 32544-00001 Toll/ Pinnacle at Moorpark Highlands CC&Rs 48 87 I I ! I I i '1 i J ' 1 l i I 10.8 Power of.Attorn(w. Each ()wner of a ResidentialLot in !he Community, by accepting a deed to a Residential Lot, shall be .deemed to have (a) agreed and. acknowledged that the. Owners own no interest in the Additional Property which may be developed, if at all,· by Declarant in its sole,and absolnte <!iscretion, artd(b) irrevocably appointed DeClarant; for so long asDeclarant owns all or any portion of the Additional Property, as such Owner's Attorriey~in Fact, for itself and each of the OWfier's Mortgagees, optionees, grantees, licensees, trustees; receivers, lessee,. tenants,_ judgment creditors, heirs, ·legatees, ·devisees, a<lministrators, executors, legal representatives, ·successors and. assigns, whether voluntary or involun\ary, and thereby to . have conveyed a Power ofAttorney coupled with an interestto Declarant as his or her Attorney-· in-Fact to prepare, execute, acknowledge .and record any parQeLIJlap, final inap or a~nended final map for ali or any portion ofthe Property or Additional Property regardless ofwhethei)Jeclarant owns any intere~t in the property which is the subject or',such parcel map, final map or amended final map. Bowever, nothing herein.shall be. deeined or constru\ld asan'agr~em7nt by Dedru:afit that any Ownt>r shall. be entitled to .. any <Participation ii! or. discretion over the preparation aJild recordation of a parcel map, . finallliap or arJilended fmal map for all or arty jJOrtion of the Property or Additional· Property. . The acceptance or. cre.ationo of any .Mortgage or o!her encumbrance; whether or· not voluntary, created in good .faitJi, or given for value, shall. be deemed to be ai;ceptt1d •or created subject to: each of the terllis and ·conditionsof the Power of Attorney described in this Section. · · 10.9 Amendment. This .Article may not.be amended without the consent of Declarant . until all of the Additional Property has been annexed to \he CommunitY afid.all of the Residential Lots oWned by Declarant have been conveyed. · · ARTICLE.ll iNsUll.ANcE 11.1 Associatiort's Insurance Obligations. . 11.1.1 Liability I~surance; The Association shall obtain ~dmaintain liabiiity insurance providing coverage at least as broad as a current ISO commercial general liability insurance fonn or its equivalent (including coverage for medical paymentsand coverage for <)Wned and non-owned automobile~, if applicable), insuring the Association, the Declar!U)t (as long as Declarant is the Owner ofanyResidentiai Lqt and/or has any rights Ul)derARTICLE.lO of this Declaration) and. the OW11ers against li~bility arising fi'<irn the ownership, . operation, . maintenance and use of the Association Proper(y bythe Association and the performan(;e bythe . AssoCiation of its duties. under this. Declaration. Coverage for. such matters sh.all be primary to . any coverage provided by any other liability insurance pblicy mai11tained by such insureds. The limits ofsuch insurance shaH not be less than. Three Millipn Dollars ($3,000,000) per occurrence and Three Million Dollars ($3,000,000) generfl] aggregate 11Jid sha!Lat all times meet or exceed the minimum requirements of Section •!365.9 of the California Civil Gode; .· Such insurance shall include a broad form named insured endorsement, if reasortably ~vailable, and may.include coverage. against any other liability customarily covered with respc::ct to properties similarjn construction, location and use, all as. may be determined !Jy the Board: Such policy shall.irtclude, if reasonablyavaila!Jle as determined by the Board, a cross~Uability or severability or interest endorsement irtsl)rirtg each insured against Uability to each qther insured. 101205925.6/ 32544~00001 Toll/ Pinnacle at Moorpark Highlands CC&R.s 49 88 i 'I ' \ j I 1 I j I i ! I I 'j I '·1 .. \ j I I ' ' .! l U .2 .Property Insurance. The Associatio~ shall ob#titi and maintain property insurance for the risks covered by, andproviding coverage atleast as broad as, a current ISO "special form" policy or its equivalent;insuring(l} all Improvements upon, within 0r coinprisirig the Ass<)ciation Property and iniy other <rreas to. be inaintahied, ·repitired or replaced by .the Association, and (2) all personal property owned or maintahied by the Association.. Such insurance shallbe·maintained in the amount of the maximum insurable. replacement value of the property to be insured thereunder, as d.eterniined ~nnuallYby the B<)ard .. Such coverage may exclude land, foundations, ~xcavations, and other items . tYpically excluded [rom property insurance coverage on properties similar in construction, location and use. (a) . ·.Course· of Constmction. \vhenever an~ Improvements required to be insured by the Association are in the course of construqtion; .the insuranc.e required under this Section., to the extent appropriate, shall be ciuTied by the Association .in bl!ilder's risk form written on a completed value basis, insuring against loss to the extent of at least the full replacement value of the insured property ( excfuding foundations and footings, except for earthquake coverage) of that which is beirig covered: · (b) Business Interruption; Such insllrance shall cover, if reasonably available liS determined by the Board; loss of rents or income to the Association from any source including Assessments, as well as extra expenses; expediting expepses, and continuing fixed expenses. . (c) . Payment· of Ins1uance Proceeds. Subject to the rights of Mortgagees;. the proceeds from such propertY insurance shall be payable to the Association or an insurance trustee ("Trustee") to be held arid expended for the beriefit of the AssoCiation. The trustee shall be a commerc.ial bimk or other fmancial institutionwith trust powers in the county in which the Project is located that agrees in writing tq acc~t. snch trust. If restoration is authorized, the Association wHI have the duty to contract for such work as provided for in this Declaration. · (d) Primarv. With respect to all real and personal property to be insured by .the Association under this Declaration, the property . .insurance_ maintained by the Association shall be. pthnary and noncontributing with any other. pmperty insurance maintained by 1111 Owner covering the same loss. (e) . Endorseirients. The propertY insurance policy shall contain, to the extent avl!ilal:Jle <)n commercially reasonable ten11s as may be d~terrnined by the Board; the following endorsements or their equivalents: agreed amount, boiler and machinery (to the extent applicable), inflation guard, ordinance odaw, replacementC<Jst, and such <ither endorsenients as may customf!rily be obtained with respect to properties similar in construction, location and use, as may be determined by the Board. (f) Adjustment of Losses. The Association sh'!lltimely file, pursue and complete the adjustment ofallclaims arising under the property insurance policies cmied by the AssoCiation. The Board is appointed attomeycin-fact by each Owrier to negotiate arid agree on the value and extent of any property damage tmder any policy .carried. by the Association. The Board is· grarited full right and authority to compromise and s.ettle any property damage 10.1205925,6/ 32544-00001 Toll I Pinnacle at Moorpark Highlands CC&Rs 50 89 i ·I I l l l l ·i I I ' _i I I I j I i I I I I claim under any policy ofproperty ins\]rance carried by the Association. or enforce any such claim by legal action or otherwise ana to execute. releases in .favor of any insurer with· respect to any su.ch clrum. · · · · · · . (g) . Waiver of Claims and SubrogatiOn. The Association waives all claims against the Owners for any damage to the real and pers<mal property that the Associl)tion is obligllted under this Deci;lr!ltion to insure (including without limitation, anyJossofuse of such property), except that the As~ociation may claim against ali Owner for prqperty darnage caused by that Owner to the extent that the damage is 'within the amount ofthe.deductible or.self-insured retention, or (ii) such damage is caused by the negligence orwi!JfuJ miscOnd!ICt ,ofthat Qwner. Arty property insurance policyobtained by the Association mustponta:ina waiver of slibrogation rights by the insurer consistent with this Section; provided, .ho)Vever, that a failiire orin~bility of the Association to obtain such a waiver from an· insurer shall!not defeat pr impair the waivers between the Association and the 0\Vners as set forth herein .. If im owner Is liable for damage under. this Section, the. As,sociation rn~y, after· Noti9e and Hearing, levy anEn[qrcement Assessment ¢qual to the cost ofrepairing the damage or anyinsur11-rice ded1;1ctible paid under the AssociatioJ1'S insurance policy, as applicable, and the in9reiise, if any, in insur.ance premi\lms directly attri~utable to .such damage. The waivers .. of claims and subrogatiQn se!forth in this . subsection apply OJ1ly in favor of the Owners and do riot limit or waive, release or d\scharge any cl~ims that ti).e Association (or its insure~s) may have again.st any thjrd .party, inq1uding wi!hout limitation any contractor, sezyice prc;>Vider, agent, or Invite~, provided .that sue[] \ll'aivers shall also apply .in favor of an Owner~s tenant occ1,1pying a Residentii(l, Lot 'under a ,\;ritten lease agreement ifand to the extent that the OWner h~s similarly agreed iii such lease ag~eement to a waiver ofclaims 1!-lld: subrogation against such tenant..· · 1.1.1.3 Fidelity Bond. The Association shall maintain a fidelity bond in an . amount equal to the greater of (a) the estimatedmakimum of funds, including res~rves,, expected · to be regularly held by or on behalf of the Asso9ia!ion or a managing agent at any given time during the term of the fidelity bond; and (b) thr~e (3) months' aggregate ofthe Regular Assessments on all Residential Lots plus any reserve funds. The bond shall name the Association as obligee and shalf insure. against Joss by reason of the acts of the ernplpyees .of the Association, and 1!-DY managing agent and its employees, whether or not such persons are compensated for their services. Jl.1.4 Worker's Compensation Insurance.· The. Association shall. maintain worker's compensation insurance to the extent riecessacy'to comply with all applicable Jaws. 11.1.5 .Directors and Officers Insurance.. The Association. shall . maintain a policy insuring the Association's officers .arid directors against liability. for their .acts or omissions while acting in their capacity as officers and directors of the Association. The limits of such insurance shall be. not Jess than One Million Dollars ($1,000~01)0) arid shall at all times meet or exceed the minimum requirements of Section 1365.7 of the California Civil Code. II.!,() General Policy Requirements:. A.ll insurance policies the Association is required to obtain pursuant to this Article sha)J be placed andmaintained with companies rated at least "A-Nil" by A.M. Best Insurance Service and othe!"Wise reasonably satisfactory to the Association. If an A.M. Best rating is not available, a comparable rating service -may be used. 101205925.6/ 32544~00001 Toll/. Pinnacle··at MoOrpark Highlands CC&Rs 51 90 . . . . S11ch insurance policies may have . reasonable deductible amounts . comparable to those customarily maintained with respect to properties similar in conslf\!ctiori, locati()n and use, as may be determined by the B.oard. The coverage amounts fequired for suchinsllranc.e policies. may be satisfied by any combination of primary and excess policies that Collectively serve to satisfy the requirements of this Article, · · 11.1. 7 Copies of Policies. Copies of all insurance policies of the Association shall be retained by t!JeAssociat{on and open for inspection by Owners at.reasonable tim~s. All· such htsurance policies shall provide that they shall not .be can9elable or sul?stantially lflpdilJeq · by the ins11rer without first giving at least 30. days' prior notice. in writing to the. 0\Vllers .and Eligible Holders, eJ>cept that ten (10} days' prior written notice shall be required if the canc'<llationif for non-paYlflent of premiums. In additio11to the foregoing, th.e Associati9n shall provide to the Owners such iriformatiqn regarding th!"insurance of the Association as may be required by applicable law or ul1derthe Bylaws. · · 11.1.8 • Compliance· with Federai .. Regiiiations. Notwithstanding any. <ither . provisions contained herein,ihe AssoCiation shall continuously maintail) in effe.ct such casualty, flood and liability insurance and a fidelity bond meeting the lflinimum insurance and .fidelity bond requirem~nts establish~d by the. Federal Nationa!Mortgage Associ~tion ·. ("F:NMN'), the Government National Mortg~ge Association ("GNMA"), l)nd the Federal Home Loan Mortgage . Corporation ("FHLMC''), or any successor to th6s~ entities, soJong as any of the above is a Mortgagee or an Owner .of a Residential Lot, excepito the exlentsttchco~erage is not available or has been waived in writing bythe FNMA, GNMAo and FHLMC.a:s applicable. Ifthe FNMA or FHLMC requirements conflict, the more stringenfrequirements shall be met. 11.2 Review of I~snrance, TheBoard shal\review the adequacy of all insurance required by this-Declaration iobemaintained by. the Asso.ciation iil least once every year. The review shall include a reasonable. determination of the replacement costof all real.and personal property required to .be insunild by the Association h accordance with .Section 11.1.2 of this Declaration without respect to depreciation. · · 11.3 Board's Authority to Revise Insurance Reguireinetits. Subject to any statUtory insurance requiremeitts; the B.oard shall have. the power and right .to ·adjust· and modify. the insurance requirements set (orthherein to. require coverage and protection that Is qustomarily carried by ancj reasonably available to prudent owners and assoCiations of projects shnilar i.n construction, location llrid use. If the Board elects to materially reduc.e tbe coverage required to be maintained by the Association.from the coverage requirec! in this ARTICLE ll, the Board shall make· all reasonable efforts to. notify the ·Owners ·and.· Mortgagees ofthe n;duction in coverage and the reasons t~e~efor at least thirtY (30) .days prior to the effective date of the reduction. The Association, and its directors and officers, shall have no liability (o any Owner or . Mortgagee, if after a good faith effort, the Association is wable to obtain one orm()re of the insurance' coverages required)lereunder to the extent i.he h)surance is no longer available, or, if available, the insurance can be obtained only at a 'cost that the Board, ih its sole· discretion, determines is unreasonable . under the circumstances, or if the Owners fail to approve any assessment increase needed to fund the insurance premiums. tOi20S925.6 r 32544-00oot Toll i Pinnacic at Moo'rpark Highlands CC&Rs 52 91 'I I J '·I .I I I 'il ,, I I ! I J I I ! 1 L4 Master Insurance Program. N6twithst!ltldirig !ltlything . to the contrary contained herein, for so long as the Declarant controls the Board, the Declarant reserves the right to include the .. insurance obligations .of the AssoCiation within a master insurance program controlled by the Declarant !ltld uj:lOn doing so, the .insurance obligations provided for ilnder.this Declaration shall be deemed satisfied. ARTICLE12 . DESTRUCTIONOFIMPROVEMENTS AND CONDEMNATION 12.1 R~toration Defined. As used in this ARTICLE 12, the term "restore" shall mean repairing,·. rebuilding or reconstructing d!Ullaged ·Improvements to substantililly the same condition and appearance iirwhich it existed, prior. to·fire or other casualty damage. · 12.2 Restoration Proceeds. The costs of restoration of the damaged Improvement shall be paid first from any insurance proceeds.paid to theAssociation unde~ existing insutanqe policies. If the insurance procee<)s exceed the· costs of restoration, the excess proceeds shall be paid into reserves and held. fot. the benefit 9fthe Ass9ciatioll. · .. If the insunince proceeds are insufficieritto restore the damaged Improvement, the Boaid shaH then add to the insurance proceeds all reserve account ftjn4s designated .for the repair 6rreplacementof the damaged Improvement; If the total funds then. available . are. sufficient to restore the damaged Improvement, the !mpro\;ement shall be restored. If the aggregate amoi!Jlt of insurance proceeds and such reserve account .funds are insufficient to pay tlie total cos(s of restoration, the Improvement shall be restored and .the Board sh11ll impose a Spe~ial Assessment f9r the cost of repairing and· reconstructing· Improvements to tho;: extent instmince proceeds are unavailable, such assessment. to be levied as described above (but-without the consent or approval of Members, despite any corttrary provisions in this Declaration). · 123 Rebuilding Contract. The Board or its authorized representative sl)all obtain bids from at least two (2) 'licensed and reputable cop'tractors apd shall accept the restoration work . from whomev.er the Board determines to be in the best interests. of the Members .. The. Board shall have the authority to ent~r into a writtencontractwith,th¢ contractorfor such'restoration, and the insurance proceeds .shall be disbursed to the corttnictor accordirtg to the terms.ofthe contract. The Board shall take al] steps necessary to assure the cOrtllnence)ll,entimd completion ofauthorized restoration at the earliest possible date. Sl!Cb restoration shallbe commenced no later than one hundred eighty {180) days after 'the event requiring reconstruction and shall thereafter be diligently prosecuted to completion. . Such restoration shall return the damaged Improvements to substantially the same condition and appearance in which it existed prior to the damage or destruction. 12A Private. Streets. The Association shall restore all Private Streets within the Community. Ifthe proceeds of insurance are not sufficiyntto cause such i-estoration,the Board shall levy a Recopstruction Assessment to provide the rtecessary funds for ·such restoration. 12.5 Insurance Trustee. All property irtsuiance proceeds payable to the Association under the policy describ,ed in Section 11;1.2, subject to the rights of Mortgagees urider ARTICLE 13, niay.be paid to a trustee &s.desigriate4 by the Board to be held and expended for the benefit .of the Owners. and Mortgagees, as their .respective interests sha'Il appear. The trustee 101205925.6/ 32544_-00001 Toll/ Pinnacle at Moorpark Highlands CC&Rs 53 92 I 1 i ·I i l ' i •I i I I i I '1 i ._\ I 1 shall be a Commercial bank of. other financial institution. with trust powerS in. the country in which· the CommunitY·. is located that agrees in writing to accept .such trust. If repair or reconstruction is authorized,' the Association will have the .ducy to contract for such work as provided for in this Declaration. · · · · · 12-.6 . Condemnation of Association Propertv. Ifat any time all or any portion of any Association Property, or any interest t])ereln, is taken for any public or quasi-public use, under any statute; by right of eminimt domain or by private purchase in. lieu of eminent domain, the entire award in condemnation shall be paid to the Associati6n and shail be usedfor restoring t])e balance of the Association Property, To the extimt the Association is not pel11\itted by the governmental agency to rebuild, then such. award shall be apportioned among the Owners by COUrt judgment .or by agreement betWeen the C0!1demnin~authority and .each of. the affected Owners, the Association and. their respective Mortgagees to such area as' th~ir .interests may . appear according to the fair m~rket values of each Residentia;ILot at the time of destruction, as determined by independent appraisal. . the appraisal shall be made by a qualified real estate appraiser wit!).. an MAicertificate or the. equivalent, which appraiser shall be s~lected by the Board. Any su~h award to th~ Association shall be depositeil into the maintenance and operation account of the Association. The Association shiill represent ·t])e interests of ail Owners in any proceeding relating to such condemnation. . . 12.7 Minor Repair and Reconstruction. The I!oard shall have the duty to repair and reconstruct Improvements; without the consent of Me,mbersand irr~spective of the, amount of available.insurance proceeds, in all cases of partial qesiructjon when.the estitnated cost of repair and reconstruction does not exceed Ten Thousand Dollars ($10,000:00). 'fhe Boaril is expressly empowered · to levy a ·Special Assessment for t~e cost of repairing . and reconstructing Improvements to the extent insurance proceeds are u!lavailahle, such assessment to be levied as described • above (bt~t without ·the consent or approval of Members, despite any. contrary provisions in this Declaration). · · 12.8 Damage to Residential Lots. Restorati~n of any damage to the Residential Lots shall. be made by and atthe i!1dividtial expense of the Owner ofjb.e Residential.Lotso damaged. If damage to or destruction of a Residential Lot aiso causes damage to the Association Maintenance Areas on such Residential L<Jt; the Owner of the Residential Lot shall restore the damaged or destroyed areas in a manner similar to the state of the Association Maintenance Area prior to the damage or destructionc Ifan Owner determinesnotto restore hisor her Residential Lot, the Residential Lot shall be landscaped and maintainedjn an attractive and well-kept condition by the Owner thereof. All such repair and restoration shall be completed as promptly as practical and in a lawful and worknianlike manner, in accordance with plans approved .by the Board· as provided herein. · 12.9 Condemnation of a Residence, In the event of any taking of a Residential Lot, the 0\vner (and such Owner'.s Mprtgagees as their interests may appear) of the Residential Lot shall be entitled to receive the award for such taking.. · 101265925.61 32544.0{)(){)1 Toll/ Pinnacle at Moorpark Highl<inds CC&Rs 54 93 j I I ' ·' l ' ' I ! ::I j I I I _ ARTICLE13 _ . RJGHTS QF MORTGAGEES _ 13.1 _ Conflict. Notwithstanding any contrary provision contained elsewhere in the Governing Documents, _the provisions of this Article shall control with respect to the rights _and obligations of Mortgagees as sp_ecifled herein. · · · · · _ _ 13.2 Liability for Unpaid. Assessmen~s. ,Any Institutional Mortg!lgee who obtains title to a Residential Lot pursuant to the remedies provided in the FiM Mortgage (except upon a voluntary conveyance to the __ Institutional Mortgagee) or by foreclosure of the· First • Mortgage shall take the property tree of any .clainis for unpaid assessme)lts or charges against the Residential Lot which accrue prior to the acquisition oftitle-to the Residential Lot by the Institutional-Mortgagee. · 13.3 Payment of Taxes and Insurance; All il!J{es, ass!lssmeilts and charges that may become a lien prior to the lien c>f.iuiy First Mortgage shall be levied orily to the,individual Residential Lot and riot the Community as a whole. __ Institutional . Mc.rtgagees inay, jointly • or singly, pay taxes or other charges that are in default and that may or have become a\:harge ag11inst any Association Property or Improvements situated therep)l and may pay overdue pre,miums on pr(Jperty insurance policies or secure new property insurance coverage ort th(l lapse ofa policy for the AssoCiation Property. Institutional Mortgagees maldngsuch payments shall be owed immediate reimbursement for such expenditures from the Association and; on demand, the Association shall-execute an agreement in favor of all I11stitl!tional Mortgagees reflecting ·entitlement to reimbursement. . 13.4 Notice to. Eligible Holders. An Eligible Holder is entitled to timely written_ notice of the following events: 13.4,1 Any condemnation loss ~r casualty loss that affects· either .a material portion of the Community or the Residential Lot on which the· Eligiple I-lolder holds a First Mortgage; · · 13.4,2 Any delinquency in the payme!'lt of assessments or charges. owed -by the Owner of a Residential Lot that is sub jed to a First Mortgage held by the Eligible Holder if the delinquency is not cured within sixty (60) days after its due date; · 13.4.3 Any lapse, cance!Iation or mate~ial modification of any insurance policy or fidelity bond maintained by the Association; 13.4.4 Any -proposai to· take any action specified in. this Article or in the Article hereof entitled_ "Destruction of Improvements and Condemnation"; _ _ 13A5 Any default by the Owner-Mortgagor ofa Resid~ntial Lot that is subject to a First Mortgage held by the Eligible-Holder in the performance of his or_ her obligations under this Declaration or the Bylaws which is not cured within' sixty (60) days; or 13.4;6 Any proposed action that requires the consent of a specified percentage of the Eligible Holders. 101205925 .. 6/ 32544-00001 Toll/ Pinnacle at MoorPark Highlands CC&Rs 55 94 I j 1 1 I -1 i I ' . . · 13.5 Reserve Fund. . The Association shali maintain, as a reserVe fund, a res~rve account fund sufficient to pay for maintenance, repair and periodic replacement of A.ssociation Property and Association Maintenance Area Improvements thatthe Association. is obligated to maintain. ·This reserve fund·shall be funded by Regular Assessments of Owners that are payable in installtilents rather than by· Special Assessment;. provided, howeyer,. that this provision· shall not be de~med to limit the.power oftbe Association toleyy any other type of assessment or charge authorized by this Declaration. . 13A · InspectionofBooksand Records ... Upon request, anyOwnerorFirstMortg~gee shall be entitled to inspect the books, records and finanCial statements of the Asso.ciation, the Governing Documents and any amendments thereto during normal business •hours or under other reasonable circumstances. ·· · 13.7 Financial Statements. The Association, at its expense,-shall prepare an audited fll\ancial statement fo~the immediately preceding Fi,scal Year and make the same. available within one hundred twenty (120) days after the Association's Fiscal Year end to any Institutional Mortgagee that has submitted a written request for it. 13.8 Actions Requiring.· Eligible .Holder Aooroval. . Unless at least sixty-seven percent (67%) of the Eligible Holders (based. on one vote for each First Mortgage owned) and at least sixty-seven percent(67%) ofthe Owners other than Declarant have given their prior written approval, the Association shall not be entitled to: · 13.8.5 Fail to maintain fire and extended coverage. insurance. o:n insurable portions.of the Association Property on a current replacement costbasis in an amoimt. not less than one hundredpercent (100%) of the insurable value based on currimt replacement cost; and 13.8.6 Use h3Zatd insurance .proceed~ for losses to any property or Improvements owned by the Association other than for the repair, replacement or reconstruction of such property and lmprovements. 10120592$.6/. 32544-00001 Toll/ Pinnacle itt Moorpai"k Highlands CC&RS 56 95 I ·' I ' I ! 13.9 Self-Management.. Subject to the requirements ofSection4.4;14, the vote or approval by written ballot of at least sixty-seven percent (67%) ofthe total Voting Power ofthe Association and Eligible Holders that represent at least fifty,one percent (51%) of the Residential Lots that . are subject to Mortgages held. by Eligible Holders. shall be required to. assume self-management of the Community if professional·management of the Community lias been required by an Eligible Holderat anytime. 13.10 Mortgagee· Protection .. A breach. ofany of the conditions conl<tined in this Declaration .shall not defe~t nor render invalid the lien of any First Mortgage mil,de.in good faith and for value. as. to any Residential Lot in the ~ornmunity; provided, however, that the conditions contained' in this Declaration shall btl binding upon im\l.effective against any Owner of a ResidentialLot.if the Residential Lot is acquired by foreclosure; tru.st~e's sale or othel)Vise. 13J 1. Subordination ... The lien ofthe assessments; including .interest, costs (including attorneys' fees); and late charges subjectto the limitations ofCaliforniaCivil C~qe Section 1367, · provided for herein shall be sill) ordinate t 0 the lien of any First Mortgage with respect to any Residential Lots. Sale. or transfer of any Residential Lot .shall nofaffect the assessment lien. 13.12 Distribution ofinsuranceand Condemnation Proceeds. No Owner, or any other party, shaH have priority over .any right of il)stitutiori:al Mortgagees of R,esidenti.al Lots pursuant to their Mortgages in.¢ase of·~ distribution tp Owners of insuranceproc~eds or condemnation awards for l()sses to or a taking .of R.esidential Lots or Association Property. Any provision to the contrary in this Declaration or in the Bylaws or ot~er documents relating to the Community is to such ext~nt void. All applicable fire: and all physicalloss or extended coverage insurance policies shall cqntain loss payable clause$ ·acceptable· to the affected Institutional Mortgagees naming theMo.rtgagees, as their ip.terestsma.Y appear. 13.13 Voting Rights on Default. In caseofd~fault by any Ownerin any payment due under the terms ofany Inst(tutiorial Mortgage encumbering sue)! Owner's Residential Lot, or the promissory note secured ;by the Mortgage, the !v1ortgagee or its representative, on giving written · notice to such defaulting bwner or Owners, and placing of record' a noticeof.default, is hereby granted a pioxyand canexercise the votitig rights of ~rich defaulting Owner attributable to such Residential Lot at any regular or special meeting of the Members held during such time as.such default may continue. 13.14 Foreclosure. If any Residential Lot is encilll,lbered by a First Mortg11ge inade in good faith and for value; the foreclosure .of any lien created by any provision set forth in this Declaration for assessments, ot installments of assessmentS, shall not~ffect or impair the li~n of the Mortgage. On foreclosure of the Mortgage,the lien for a~sessments,. or installments, that has accrued up to the time of foreclo$\ll'e shal.I besuboroinate to the lien ofthe M.ortgage, with the foreclosure-purchaser taking title to the Residential Lot free of the · lien for assessments, including' interest, costs (inCluding attorneys' fees) and late charges !<;vied by the, Association with respect thereto or installments, ihat has accrued up to the tiine of the foreclosure sale. On taking title to the Residential Lot the foreclosure-purchaser shall only be obligated to pay asse.ssinents or other charges . levied · or assessed by the Association after the foreclosure-purchaser acquired title to the Residential Lot. The subsequently accrued assessments or other charges may include previously unpaid assessments provided all Owners, 101.205925.6 /'·32544-00001 Toll/ Pinnacle at MoCirpark -Highlands CC&Rs 57 96 1 I j ' including the foreclosure-purghaser, and its .successors and assigns .are required to pay their proportionate share as provided in this Section. 13.15 Non-Curable Breach. Ai:tyMortgageewho acquires title to a Residential Lot by foreclosure or by deed in lieu of foreclosure or assignment~in4i~u of foreClosure shall notbe obligated to cure any breach of this Declaration that is non-curable or that is not practical· or feasible to' cure. . . 13;] 6 Loan to Facilitate .. · AnyMortgage given to secure a loan to facilitate the. resale of a Residenti&l.Lot.afier acquisition by foreclosure or by a dee<i-in-lieu.offoreclosure or by an assigninent-in"lieu offoreclosure shall be deemed to be a loan nia<Ie in good faith and for value . and entitled to all of the. rights and protections of this Article; ·. q.17 Appearance at· Meetings. Beca;ps~ of its financia;Unterest in the Community, l!DY Mortgagee may appear (butcannotvote except as may he.providedfor herein) at meetings of . the Members and the Board to draw attention to violations of this Declaration that have not been corrected or made the subject of remedial proceedings or assessments, 13;18 Right to Furnish Information.· Any Mortgagee can furnish information to the Board concerning the statns of any Mortgage. . 13.19 Inapplicability of.Right of First Refusal toMortgagee. No rightoffirst refusal or sirnilar'restrictiort on the right of an Owner to sell, transfer or otherwise convey the Owner's Residenthil Lot shall be granted to the Associaiion without thewrittell consent of an:; Mortgagee of the Residential Lot. Any right of fits! refusal or option to purchase a Residential Lot that may be granted to the Association (or other persoll, iirnr or entity) Sha!J not apply to any conveyance or transfer of title to such Residtmtial Lot, whether voluntary or involuntary, to a Mortgagee which acquires title to or ownership of the.Residentia!Lot pursuani.to the. r!lmedies provided in its Mortgage or by reason of foreclosure of the Mortgage or dee.d or assignment in iieu of foreclosure. · · · · ARTICLE14 . AMENDMENTS Except as otherwise set forth ill this ARTICLE 14, this Article. shall not be amended, modified ·or rescinded .until Declarant bas conveyed. th¢ last Residential Lot within the Conrrnunity, including imy Phase which may be annexed to and made a part of the Community pursuant to ARTICLE 15 hereof with opt (i) the prior written coi:tsimt of Declarant and (ii) the recording of said written consent in the Office of the County Recorder. . .14.1 Amendment Before Close of Escrow for First Conveyance. Before close of escrow for conveyance of the frrst Residential ·Lot to a purchaser other than Declarant,. this Declaration. may be amended in any. respect or revoked bytlie execl!tli:m by Declarant and any Mortgagee of record of an instrument amending or .revoking ·the Declaration. The amending or revoking instrument shall make appropriate referenc(l to this Decll![atioli and its ~mendrnerits and shall b~ acknowledged and. recorded in the Office ofthe'CountyRecorder. t0120~925.6 r 32544-0ooot Toll/ Pinnacle at Moorpark Highlands CC&Rs 58 97 1 ; .l ., 1 l ' I I, I I 14.2 Amendments After Close of Escrow for First Conveyance, Except as may otherwise be stated in this Declaration, after· the close of escrow . for conveyance of the first Residential Lot in· the Community to an Owner other than Declarant and during the period of time prior to conversion of the Class B .membership iii the Association to Class A membership, this Declaration may be .amended at any tiine and from time to tilne provided that the vote or approval by written ballot ofat least a majority ofthe VOting Power ofea:clj class of Members of the Association has been obtained. After conversion of the Class B .membersl!ip in tile Association to Class Amembership,theDeclaration may be !lmended at anytime and froin tiine to time, provided that the vot(l or approval bywri*n ballot()fat least (a)am<tj~rity of the total Voting Power of tlje Association, (lnd (b) at least a majority of the Voting Power or the. Members of the Association other than beclarant, has been obtained. The vote on a. proposed amendment to the Decl~ration sl!all be held by secret written ball0tin accordance with the. ~tocedt!r¢s set forth in California Civil Code:: Section l363;Q3 and the:: rules adopted by the Board pursuant · thereto. Such amendment . shall become ceffective l)J)Oll the recording of a Certificate of Amendment signed ;mq acknowledged by the Pre~ideilf or Vice Pre.sident oftheAssociation and the Secretary or AssistaD.t.Secretary of tlie Associationsertil)iing that ~uclj vot~s or approval by written bal!otbave been obtaiiiedc F.or :the purposes of recording the Certificate ofA,menclment, the President or Vice-President and Secretary or A,ssistiint SecretilrY of the Association are hereby gr8.!ited an irrevocable power of attornl)y to act cor. and .on behalf of each and every Own.er in t;erti:fYing arid exequting and recqrding thl' Certifkate of Amendinentwith the Office of the County Recovder. ·In :addition to the foregohig, in the c~s<;>ofany ''Mat~rilll Amendment" (defined below), t])e vote ofl\ligible Holders thatrepresentat least fifty;one percent ($1 %) ofthe votes of Residential Lots that are subject to Mortgages hekl J>y Eligible :Hol<lets and at least . sixty~seven J)er~ent (67'Vo) ofrthe Voting Power of each cl~s cifMemJ>ers (?r 11tleast sixty-seven percent (67%) oft~e Owners) shall pls() be required. "Materhli Aln,endine~\1' shaH inean, (or the purposes of this Sec.ti!ln 14.2, any amendments to provisions of this Declaration governing any of the following subjects: · · · 14.2.1 The fundamental purpose for which the Commll1)ity. was created (such as a change from reside)ltial use to a different use); 14.2.2 Assessments, collection· of assessments, assessment· liens and subordination thereof; 14.2.3 The reserve for repair and replacement of the. Association Property and the Association Maintenance Areas; 14;2.4 Property maintenance obligations; 142.5 Casualty and liability insurance or fidelity bond requirements; 14.2.6 Reconstruction in the event of damage or destruction; 14.2.7 Rights to use the Association Property; 14.2.8 Reallocation of any interests in the Association Property; tOI20S925.6 r 32544-oooot T~ll/ Pi~nacle at Mo0rp8rk Highlands CC&Rs 59 98 I I I 'I I I I I ! ·'i I :'! I 'I l i I I I 14;2.9 Voting; 14.2.10 Any prqvision that, by its terms, is specifically for the benefit of Eligible Holders, or specifically confers rights on Eligible Holders; ' 14.2.11 Expansi()n or contraction of the Community or the addition, annexation or with<:lrawal of property to or from tbeCom,rrtunity (other than the addition or deletion of the . Additional Property), .the redefinition of Residential Lot boundaries or the conversion of a Resipential Lot or Residential Lots into Association Property; and · ' ' ' 14.2.12 Imposition of any restriction on any Owner's right to sell odransfer his or her Residential Lot. Any Eligible Holder Who receives written request to consent to acld.iti()ns or amendinents requiring consent under this provision who does.not deliver io the requesting party a negative response within sixty (60) days af):~r receipt of a. notice delivered by .certified or registered J;Ilail, return receipt requested, shall be deemed to have consented to such request, . If any provision of this Declaration requires a greater or lesser percentage of the voting rights of any class of Members in order to take affirmative or negative action under such provision, the same percentage of such class or classes of Members shall be req11ired to amend or ·re.voke such provision. Also, if the consent or approval of any.govel)lmentalauthority; Mortgagee or other person, firm, agency or entity is required uncle!" this DeClaration with respect to ariy amendment. or revocation of any provision of this Declaration, n~ s.uch amendment or revocll:tion shall· become effective unless such corisent or approval is obtained. , Any amendmentor revocation. subsequent to the close of.such first sale shall be evidenced by an instrument certified by the Secretary. or other duly autho~ed offic<;Or of the AssoCiation and shall J;Ilitke appropriate reference to this Declaration and its amendments ariel' shall· be acknowledged and recorded in the Office of the County Recorder. , · . 14.3 Conflict with Article 13 ·or· Other Provisions of This Declaration. To the extent any provisions of this Article conflict with. the provisions ofARTICLE 13 or ~y other provision of this Declaration, except those. contained in Section · 14.2, the . provisions of ARTICLE. 13 or the other provisiohs shall control. 14.4 Additional Approvals Required for Amendments. Notwithstanding anything to the contrary contaiJ}ed in thisi)eclaration, Sections 2.11, 2;36, 2.44, 4.3.13, 4.4.5, 4.4.10, 4.4.13, 8.1.2, 16.3 and 16.4 ofthis Declaratiqn shall not be. amendedwithoutthe vote or approval by written ballot of at least (a) ninety petcent{90%). of the Voting Power ofthe Members of the Association other than Declarant, and (b) at least ninety percent {90%) of the Mortgagees. 14.5 BusineSs and . Professions Code Section11018.7. All amendments or revocations of this Declaration sha11 comply with. the provisions of California Business arid Professions Code Section 11018.7, tothe extent such section is applicable. 14.6 Reliance on Ame~~;dments. Ariy amendments made in accordance with the terms of this Declaration shall be presumed valid by anyone relying on them in good faith. 1.01205925.6/ '32;544-00001 Toll/ Pinnacle at Moorpark Highlands CC&Rs 60 99 ARTICLE15 . ANNEXATION oF' AI)PlTIONAL PROPERTY 15 .l · Annexation. Any of the Additional Prbp~rty may .be annexed to and become subject to thisDechiration by any of the methods set forth hereinafter in this Article. DeClarant intends to sequentially develop the Additi~nal Property on a phased basis, However, Declarant may electnot to develop all or any part ofsuch real property to this Declaration in incrementS of any size whatsoever, or to .develop more than one such increment at any given time and in any given o~der ordevelop such rea!property·~ts a separate wmmunity. Although Declarant shall have the ability to annex the Additional Property as proyided in this Anicle; Declarant shall not be obligated to annex all or anY portion of the Additional Property,· and the Additional Property shall not .become> subject to· this Declaration unles.s and until a Silpplementary Declaration covering it has been recorded. · · 15.:;! Anrie.xation.Without Approval. All or. any part of the Additional Pmpertymay be annexed to and become subject to· tpis Declaration and subject to the jur.isdiction ·of .the. Association without the approval, assent or vote of the Association or itS Members; provided that: 15 .2.1 The proposed Annexation will not result .in a substantial and i:p.aterial overburdening of the common interests ofthe. then existing Owners; · · . 15.2.2 The proposed Annexation will not CalJSe a s~bstanti~l increase in assessments ~~gairst existing Owners. that was not disclosed In the Public Reports under· which pre-existing Owners purchased their interests; · 15'.2~3 For each Re.sidential .Lot in th.e Community to be annexed for which a rental program haS been in effect by the Owner for aperiodofatleast one (I) yearas ofthedate of closing of the. escrow for the first sale of a Residential Lot in the. annexed Phase, the Owner shall pay to the Association, before or concurrently with the close Of escrow frir the conveyance ofthe first Residential Lot within the annexed Phase, an ainount for .each month ot portion thereof during which the ~eside11tial Lot was occupied 11nder such rental. program that shall be established· by the Board for reserves for replacemen(or deferred maintenan9e of Association Property or Association Maintenance Area Improvements necessitated by or .arising out of the use and occupancy(;[ the Residential Lots .under· the reritalprogram; and · . . . 15.2.4 Each Supplementary Declaration effecting the Annexation contemplated under this Section must be executed by Declarant. · · · · · · For pu~oses of this Section, the issuance of a Public Report by 1:he DRE shall conclusively be deemed.to be satisfaction of the criteria set forth above. 15.3 CoyenantsRunning With the Land. Declarant may transfer all or any portion of the Property or theAdditional Property to abuilder under. a grant deed wher¢inDeclarant reserves the right to annex imch property and subjectit to this Declaration. The restriction on·the AdditionaLPropertywherein it may be made subject to this r:ieclarationiwon the recordation of a Supplementary Declaration is hereby declared to be lil1 equitable servitude upon the Additional 10.1205925.6/"32544~00001 ToU I Piililacle at Moorpark Highlands CC&Rs 61 100 ·j ' A .. ! I :_l Property in favor of the Property and any other real property owned by peclarant in the viCinity of the Community and shall run with the land and be bindingon and .inure to the benefit of all parties having or acquiring any right, title or interest, in such re.al property. 15.4 .• Supplementary Declaration. The Annexati.on authorized under the. foregoing Section~ shall .be. made by filing of record by Declarant of a Supplementary Declaration with respect to the Additional Property which shall extend the plan of this Oeclaration to such property. A SllpplementaryDecl~!fation may also be recorded by Declarant, without the consent of the Owners, for any of the purpose~ described in. Secti!Jn 2.68. 15.5 Association Property. Any portion of the property being annexed that is intended or required to be Association Property shall be qonveyed to the Association prior to the close of the first sale ~f any Residential Lot ill the annexed property to an Owner other than · Declarant. 15.6 Mergers or. Consolidations; Upoli a merger or consolidation of the Association with another association, the Association's properties, rights and obligations may, by operation of law, be transferred· to the surviviqg ()r consolidated association, or, alternatively, the properties, right and obligations ofanother association may, by operation of!aw, be added to th.e properties, rights and obligations of the Association as a survfvitig corporatii:in.l'ursuant to a merger. The surviving or consolidated associatioq may adlninister the covenantS, conditions and restrictions esta))lished by this Declaration within.the Community, together with the covenants and restrictimis established upon any other property as oneplaq. 15.7 De-Annexation; Declarant may delet.e all or any portionof the annexed land from the coverage ofthis De¢1aration and rescind any SupplementarY. De9laration, provided that (a) Declarant is the sole Owner of all of the real property described. in the SupplementarY Declaration to "e rescinded or obtains the consent ofthefee title Owner of the real property to be de.annexed (b) Declarant has notexercised any Association vote as an Owlier o(any·portiori of the real property to "e de,ann~xed, and {c) assessm(mts have not commenced with respect tq any portion .of the real prop.erty to be de~annexed. Such (!eJet\on. shall be effective upon !he recordation of a written instrument signed by Dedarant, in the same manner as the Supplementary Declaration to be rescinded was recorded. . . ARTICLE16 ENFORCEMENT 16.1 · Term. the covenants, conditions .and restrictions of this Declaration shall run with and bind the Property and shall inure to the benefit of and be enforceable by the Association, or any Member, .their respective legal representatives,. heirs, successors and assigns, for a term of sixty {60) years.from the date this Declaration.is recorded,aft!"r which time said covenants, conditions and restrictions shall j)e automatically extended for successive periods of ten (I 0) years each, unless an instrument, signed by at leastsixty·seven percent (67%) of the then Members has been recorded, at least one (1)yearpriorto the end of any such period in the manner r!"quired for a conyeyance of real property, in which it is agreed that this Declaration shall terminate at the end ofthe then applicable term. 101205925.6/_ ·32544-00001 Toll /'Pinna·cl~ at Moorpark Highlands CC&Rs 62 101 'J l I ! I I I ' .j 16.2 Enforcement and Nonwaiver. 16.2.1 Rights of Enforcement of Governing Documents. The Association, Declarant or any Owner shall have a right q:f action !lgainst any Owner,. and any. Owner shall have a right of action against the Association, to enforce by proceedings .at law or in. equity, all covenants, coriditions and restrictions, now or hereafter imposed .. by the provisions of the Governing Documents or ~ny amendment thereto, including the right to prevent the violation of such covenants, condiiions 6rrestrictions and the right to recover dain~ges or other: dues for such violation except that Owners shall !lOi have .any right. of enforcement concerning assessment liens. The Association shall Mve the exclusive right to enforce provisions relating to architectural control and the Association Rules, unless the Association refuses ,or .is unable.to effectuate such enforce!Dent, in which case any Owrierwh<i otherwise has standing ·shall have the right to undertake such .enforcement. Fiulure of the Association, DeClarant or arty Owner to enfoice any covenants or restrictions herein contained shall in no event be· deemed a waiver. of the right to do so thereafter: 16.2.2 .. Procedure for Enforcement;' Notv>'ithstal;lding an,Ything to the contrary set forth in Sectionl6.2.1, in enforcmg any actioll under the Govemingbocuments for inonet!lfy damages, the p~rties shall comply with the .notice and delivery req~ireriumts and other provisions of California Civil Code SectionJ350 et seq. relating to such enforcement action. 16.3 Notice of Actions Against Declarant. Subjecfto the provisions of Sectiim 16.4 hereof, the Associ11tion shall cm:nply with the. provisions of Civil Cod~ Section 1368.5 or any warranty or Governing Document that is provided prior to the filing of any .civil action by the Association against the Declarant or other dev;:loper of th.¢ (;ommunity for either. alleged damage to the Association Property ot other propeey within the Community th!\t the AssoCiation is obligated to maintain or reparr, or alleged damage to anY oiher portion of the Community that · arises out of, or is integrally related to, such·. d!)mage, to )h¢ Association Property or other property within the Community that the Association; is obligated to maintain or repair. 16.4 Alternative Dispute Resolution. Any claim, dispute or disagreement which may arise between. an bwner and the Community AssoCiation and Declarant after the close of escrow or other conveyance of any portion of the Community. by beclarani cOncern}ng. the Propeey (individually referred to herein as "Dispute" and coilectively as ''Disputes") must be resolved in accordance with the dispute resolution terms inch1ded in any warrartty provided by Declaran.t If the dispute resolution terms included in any WaiTl!nty provided l;>y Declarant are unavailable for any reason, then the Dispute shall be resolved in accordance with the claims process provided in the purchase agreement between the Declarant and Qwtier, as applicable. In the event that such dispute resolution terms are held invalid or inapplicable, or if the Dispute. cannot. be resolved between the parties in either of these manners, the Dispute V/ill be decided through the arbitration procedure: as set forth below. Alternatively, Decilirant,an Owner or the Association may elect to resolve such Disputes through a small claims coui"t'proceedi~g if (1) the dispute resolution terms in a.warranty provided by Declarant are held invalid or,inapplicable, (2) the Dispute cannot be resolved between the parties in the manner set fortil in' the warranty or by the claims process provided i.n the purchase agreement between Declarant and Owner, and (3) the claim is subject to the jurisdiction and monetary limits of small. claims court. TlijS PROCESS INVOLVES WAIVER OF THE RIGHT TO A JURY TRIAL. BY EXECUTING THlS 101205925.6-t :J2S44~oo0ot Toll/ Pinnacle at Moorpark Highlands CC&Rs 63 102 i I I I j j j I i I I I i i DECLARATION AND BY ACCEPTING A DEED TO ANY PORTION. OF· THE . PROPERTY, . RJ!;SPECTIVELY; DECLARANT, EACH . OWNER . ·.AND )'HE ASSOCIATION, AGREETO BE BOUND BY THJ!) PROVISIONS OF TIDS SECTION, 16;4.1. Mediation .. Subject to the provisions of Secti~n 16.4.2(h) below, and except for 11cti()ns. in sinall claims court or Dis~utes that have .already been mediatecJ; Owner, Association .ancJ DeClarant agree to submit any and all Pisp(ltes .to Jl.!)n-bincting mediation pursuant to the rules of Judicia! Arbitration .and Mediation Services' ("JAMS") )jefore commencing arbitration ... The • cost of mediation shall be paid by Declarant: Each party to the mediation. shall bear its own attorneys' fees and C()Sts in connection with such mediation .. The mediation shall take place in the county in which the Property is located .. I 6.4.2 • Arbitration. . . (a) . Agreement to Arbitrate; The Association; each Owner and Declarant.shall resolve anyi>ispute not resolved as provided a!)0ve exclusively through binding arbitration in the county in which the Property is located. This arpitnition provision shall.apply tO Disputes of any kind or nature regardless of when the Dispute flrst arose or the llature of the reliefsought. · · · . (b) . Waiver of Trial by Judge or Jutr. By agreeing to. resolve all Disputes through binding arbitration, the Association, eacli Owner and Declarant e;~ch give up the right to have their respective Claims and defenses decided bfajudge or a jury. All claims and Disputes shall instead be decided by the arbitrator . . (c) • Rules Appll~abteto All Cases. The arbitnttionwi)l be conducted by JAMS in accordance. with. the rules of JAMS in effect as of the .initiation of the arbitration ("JAMS Rules"), as supplemented by this Declaration.· The following supplemental rules shall apply to all arbitration proc:eedings and shall govern in the ev.ent ofa. conflict between the rules set forth below and the JAMS Rules. (d) Qualifications of Arbitrators. The arbitrator shall be neutral and impartial ,and either a retired judge or a me(llbet: or. fol1l1.er member of the California State Bar with at least 15 years experience as a practicing !a\yyer. (e) Appointment of Arbitrator. The arbitrator to preside. over the Dispute shall be selected in accordance with the JAMS Rules, but no later than sixty (60) days after a notice of claim is filed. (t) . .Exoenses. An feeschargt:d by JAMS and. the arbitraior shall be. advanced. by Declarant. IfDeclarantis the prevailing party in: the arbitration, the arbitratO:r may, in his or her discretion and. only to the exte11t permitted by law and the JAMS Mini.mum Standards of Procedural Fairness, direct the Owner or Associatio!) to. reimburs10 Declarant for Owner's 'or the Association;s, as applicable, pro rata share ofthe JAMS fee and arbitrator's fee advanced byDeclarant. 101205925.6/ 32544~00001 Toll I Pinnacle at Moorpark Hi'ghlands CC&Rs 64 103 I I I i I I i I I :1 i I I I I I i ' l . (g) Venue. The venue of the .arbitration :shall bdn the County where the Community is located unless .the parties agree in writing to another location. · (h) PrelimfnaryProcedure8. ··If state or federaUaw requites the Association .or an Owner or Declarantto-take steps or pmcedunis .before commencing an .action in court, then the Owner or J:)eclarll!lt must take such step~ or follow such procedures, as the case may be, before commencingthe arbitration. Nothing contained herein shall b~ deemed a waiver or .limitation of the provisions of California Civil Code Sections 1368.5, 1375, 1375.05 or 1375]. (i) Participation by. Other Parties. J:he Association, an Owner and Declarant, to the extent any such party is defending a claitnin the arbitration, may, if it chooses; have all necessary and appropriate parties included as parties tp the arbitration. · G) .·· Rules of Law. The arbitrator.must follow California substantive law (including statutes of limitations), bUt strict .confortni!)i with the rules of evidence is not required, except that the. arbitratorshall apply applicableJaw re1atingt() privilege and work product.·· The arbitrator shall be authorized to· provide all recognized remedies available at law or equity for any cause of action. · · · (k) Attorneys' Fees and Costs. ·Each party shall bear its own attorneys fees and costs (including expert witness costs) in the arbitration. 16.4.3 Additional Rules·· Applicable to Certaill Cases, In any arbitration in which a claim of ()wner, the Association. or Declarant exceeds $250;000 in value, the. following additional rules wi!I supplement the JAMS Rules and govern in the .event of a conflict between the following rules and the rules set forth above, the JAMS Rules, or both. · (a) Qualifications of Arbitrator. In addition to .the requirements of Section 16.4.2(d) ab()ve, the arbitrator shall be a retiredjudge ofthe California Superior Co11rt, a California Court of Appeal, or the California Supreme Court .. (b)· Rules ofLaw. The California Evidence Code shall apply.· . (c) Written Decision. Within thirty (30) days afterthe hearing is closed, the arbitrator must issue a written deCision. If either Owner or Declarant requests it, the arbitrator mrisi issue a reasoned award. (d) Additional DiscoveryRights. in addition to the discovery rights provided for in the JAMS Comprehensive Atbi\!"atiori Rules, the parties will have the following discovery rights: (i) Inspection, Examination and/or Test; The right to a reasonable inspection, examination and/or test of any site, defect, personal injury or property damage relevant to any claimr . (ii) Deposition of Opposing Party. The right to take. one deposition of each opposing party for tip to foul" hours. The deposition of a person 101205925.6/ 32544-0000l Toll/ Pinnacle at-Moofpark Highlands CC&Rs 65 104 1 i i ! j I I ! I j I I l I i I I I I ; designated by an entity or organi~ation as mostknowiedgeable, cir an individual.officer or employee of an entity or organization, shall count as the deposition of a party which is not a natural person. ·. · (iii) Denosition of Expert Witnesses. The l'ight to take the depositionof each expert witness designated by an opposing party for np to four (4) hours. · (iv) Additional Depositions. The arbitrator shall . have discretion to allow additional depositions and longer depositions upon a showing of good cause. 16.4.4 Procedure for Appeal of Certain Cases; In any arbitration in which a claim or arbitration award of Owner or Declarant exceeds $5dO,OOO in value, Owner and Declarant hereby adopt. and agree to the JAMS Optional· Appeal Procedure. ·. The following additional.rules will supplement the . .JAMS Optional Appeal Proceclure and govern in the event of a conflict between the following rules and the JAMS Optional Appeal Procedure. (a) RigltfofAppeal. Thereshallbe.no right to appeal unless the oral evidence received by the arbitrator was preserved in a manner such· that it can be converted to an accurate and reliable written transcript. (b) . ·.Appellate.Panel. .An appeal shall b~ decided.by OIJe (l).nentral appeal arbitrator unless either party, within the time permitted for the appciin(IJlent of the appeal arbitrator, elects to have tbe appeal decided by a panel ofthree (3) appeal arbitrators.·. Any party who elects to have an appeal decided b~ a panel ofthree (3) appeal arbitrators agrees to be solely responsible for the cost of having two(2} additional appeai arbitrators. The sole appeal arbitrator, or at least one meritberofany panel ofthree.(3)arbitrators, shall have prior experience as a member of an appellate panel of the California Coilrt of Appeal. (c) . . Issues on Appeal. The only issues that may be .considered on appeaiare: (1) the award of money was excessive; (2) the award of money vrasinsufficient; (3) the arbitrator a:warded non-monetary relief that was inappropriate; (4) a party who received non- monetary relief should have received other or .additional. relief. A majority of the appeal arbitrators may affirm the arbitration award or make any altefiJlitiveaward they find .to be just, but they must not reject the arbitrator's de~isions (a)tlia:t a particular party is entitled.to relief of some nature or amount or (b) that a particular party is responsible to provide relief of. some nature or amount. (d) Expenses and Costs on Appeal. The fees charged by JAMS and the appeal arbitrator(s) shaH be advanced by Declarant, except as provided in Section l6.4.4(b) · above. The party who files the appeal must, at its sole .expense, provide JAMS .and all non- appealing parties with a certified copy of the hearing transcript, and must provicle JAMS . .With copies of all documentary evidence and all other tangible evidence. received by the arbitrator. If morethan one party appeals, the appealing parties must share .equally the cost of the transcript a11d copies of all other documentary and tangible evidence received \Jy the arbitf;itor. The. appeal arbitrators may, within thirty{30) days oftheir det¢mlination award costs of the .nature provided 101205925.6/ 32!544-00001 TolU PiOnacle at Moorpark 'Highlands CC&RS 66 105 :i I I I 1 ' ! I ! I ! l I l j '1 .l I I I in the Federal Rules of Appellate Procedure. If Declarant is the prevailing party on appeal, the appeal arbitrator(s) may, in his, her or their discretion. and only to the e){tentpennitted by law an<! JAMS Minimum Standards Of Procedural Fairness, include the:non-prevailjngparty(ies) pro rata share oftheJAMS fee and arbitrator's fee advanced by Declarruitinthe award of costs on· appeal. (e) New Evidence. The appeal. arbitrators .must not receive new evidence. The appeal arbitrators must make their decision base<! only on the evidence that was presented to the arbitrator, except that the appeal arbitrators may visit any .site involved in the Dispute. 16.4.5 . Federal Arbitration· Act. Because many ofthe materials. aod prOducts incorporated into the home are manufactured in. other states, the development imd conveyance of · the Property evidenc.esa transaction invoiving interstate commerce and the Federal Arbitration Act (9 U.S.C. §1, .et seq.) now in effectarid as it may be hereafter amended will govern the interpretation and enforcement of the arbitration provisions ofthis Declaration: · 16.4.6 AGREEMENT TO ·ARBITRATE. BY" .EXECUTING THIS DECLARATION, DECLARANT, AND BYACCEP'I;INGA DEED TO ANYI'OR'fiON OF THE PROPERTY, EACH OWNER AND TilE ASSOciATION AGREE TO ·HA. VE ANY DISPUTE DECIDED BY NEUTRAL ARBI'UU.TiON IN ACcOliDANCE WITH. TilE FEDERAL ARBITRATION ACT AND '(HE CALIFORNIA. ARBITRATION ACT' TO THE EXTENT TilE CALIFORNIA ARBITRATION ACT IS CONSISTENT WITH. THE FEDERAL .. ARBITRATION< AcT> AI"iD ASSOciATION; 0\VNER. AND DECLARANT· ARE GIVING UP ANY RIGHTS DECLARANT,. OWNER AND THE ~~~~IA6~0~{G~~ss~:clfR!C"r o~:~~~EA:Sicib<;Zi:g>N ~· GIVING UP THEIR. RESPECTIVE JUI>ICIAL RIGHTS TO. DISCOVERY ANJ) APPEAL, UNLEss TIJ.osE RIGHTs ARE sPECIFICALLY INcLunED IN 'I;H.Is SECTION 16.4. ·IF DECLARANT, ANY.OW!"fE:R OR THE ASSOciATION REFUSES TO SU:BMIT TO ARBI'I;RATION A])'TER AGREEING TOTIDS PROVISION, SUCH PARTY • MAY BE coMPELLED TO. A:RBITRAJ;E. UNDER THF; Fj:J)ERAL ARBITRATION ACT ANp TilE CALIFORNIA ARBI'(JMTION ACT, TO TH.$; EX'I;ENT TilE CALIFORNJA ARBITRATION ACT IS . CONSISTENT WITH. 'fliE FEDERAL ARBITRATION ACT. 16.4. 7 Final and Binding Award. T\le decision of the arbitrator or, if an appeal is heard, the decision of the appealarbitrators, shall be final and binding. A petition to confirm, vacate, modifY or correct ari award may be. filed in any ~ouit of ~ompetent jurisdiction in the county jn which the Property is located, butthe. award may be vacated, modified or corrected only as permitted by the Federal Arbitration Act. . . 16.4.8 Severability. In addition to and ·without limiting the effect ofany general severaqility provisions of this Declaration,. if the arbitrator or any court detennines that any provision of this Section 16.4 is unenforceable for any reason, that provision shall be severed, and proceedings agreed to in this Section 16.4 shall be conducted under the · remaining enforc.eable terms of this Section 16.4. 101205925.6/ 32544-00001 Toll i Pinnacle lit Moo.rpark Highlands CC&Rs 67 106 I I I I I I l '] I I I i 'j .i ~1 l I .I ·I ·' ! I l I ·I . 16.4.9 Application of Award. Any proceeds awarded to the Association arising from any Dispute by settlement, award or otherwise shall be applied in accordance with the provisions ofSection 4.4.10 of this Declaration. ARTICLE 17 CITY REQriiREMENTS The Community and its development are subject to the requirements and. conditions of various g~vernmental approvals and permits, including without limitation, the following: (i) the Development Agreement by and between The City of Moorp~~rk and Agoura-Fountainwood for Moorpark. Highlands Specific Plan No. 2, recorded in the Office .0 fthe County.Recorder on November. 23., 1999 ,as Instrument No. l999-0211935(''Devel()l;iment Agreement"); (ii) Moorpark Highlands Spechic Plan No. 2,dated September 1999 andprepared by EDAW, Inc. ("Specific Plan"); (iii) the Conditions ofAppr()val for Tentative Tract No. 5045, attached as Attachment A to Resolution No. 2000-1767 adopted by the City .Council on August 2, 2000, and the Special and Standard. Conditions of Approval·for . Residential Planne<! ·Development Nos. 2004~01, 2004-02 and. 2004-03 (collectively "Conditions of Approval"); and (iv) .the Residential Planmid Development Perinit for the Community (''Development Permif'). The · following provisions are required by the Conditions of Approval to· be included in this Declaration. · 17 .I Compliance with Title 24. Any future Residences· constructed or modifications to existing Residences.shall coll1plywith Chapter :2-53 ofPart 2 and. Chapter 4-10 of Part 4, of Title24 of the California Code ofRegul~tions. 17.2 City-Required Disclosures. The followi~g disclosures .are required by the. City for the Community: . (a) Residences adjacent to Spring Road are subject to potential intrusive noise from traffic~ . . . (b) Arterial bypass roadwaysare.plat)ned for future development and Residences adjacent to these roadways will be subjectto intrusive noise from traffic. (c) A ptJblic park and roadway improvements are planned on the State Route 23 bypass, which roadway improvements are planned to be constructed immediately adjacentto the Community's eruitem boundllfY. Occupants of Residences in the vicinity of these improvements may experience noise, lights, odo~s and othe~ impacts as a result ()fthe proximity to such improvements. (d) Agricultural operations exist adjacent to the north boundary of the Community. Residences constructed in this area may be s~bject to. increased. nois\'; odors, arid impacts caused by aerial spraying and other agrictiltural tasks. (e) l.lecaus(l horses and other animals are aliowed to be kept Within certain areas in the Community, occupants of Residences may experience n()ise, odor, flies, horse droppings, and visual and other impacts resulting from the keeping of such animals. All 1Ql205925.6 / 32544~00001 Toll/ Pinnacle at Moorpark Highlands CC&Rs 68 107 i ) I J i· I I I I I ' i trails within the Community are multi-purpose Jrails, and horses and other ;tnima1s may be. present on trails at any time: Each Owner ofa Residential Lot agrees· for himself or herself .and his or her guests, licensees and invitees that he. or she is aware ofand consentsto theke.eping of horses and animals within the Community and to the m~ise, ()dor, flies, horse droppings, and visual and other impacts resulting .from the 'presence . of those animals in the Community, including but not limited to on Residential Lots _and on tralls. 17.3 Energy Saving Devices. The following energy saving devices or construction features shall be installed in each Residence: (a) tJltra"lowwater consumption plumbing fixtures .shall be installed consistent with CitY Ordinance No. 132. {b) Stoves, ovens and ranges, when gas-fueled, shall not have continuous burning pilot lights. . . (c) All thermostats cdnnected to the main space-heating source ·shall have night setback features. (d) Kitchen ventilation systems shall have 11utomatic dampers to ensure closure when not in use. . (e) For attenuation of interior noise levels of the Residences built 0n Residenti~l Lots abutting Spring Road, all window openings facing Spring Road. shall be equipped with acoustical windows. rated at STC; 30 or .better and shall be installed consistent with manufacturer dir~ctions. and to the satisfaction of the Direetor of Commmi.ity Development for the City .. An appropriate sized forced ,ventilation system shall be installed and fresh air or discharge ;Openings for gUCh a systeni. Sh!lll.be lO.oated on the side ofthe dwelling opposite Spring . Road . . . 17.4 Roofing Materials. Roofing materials !llade. of wood or !lsphalt shingles are prohibited. All roofing materials shall be made oftile and shall be authorized by .the City. · 17.5 Fencing Plan. The Comml!nity fencing.plan approved by the City's Director of. Community Development is on file with the City. 17.6 Noise Prohibitions; Garages. . Excessive noise shall nc.it .be generated by activities laking place in garages {i.€0., automobile repairs, woodworking or the playing of loud music). Garage~ ~hall remain permanently available forthe p\!rpose ofparkitig automobiles. 17,7 Graffiti Removal. The A~_sociation shall remove graffjti from the Association Property and Ass.ociatio!l Maintenance Areas and Owners shall remove graffiti from Residential Lot~ and Residences withinfive (5} days following .written notification from the City or such earlier time as is required by law. All such graffiii removal shall be acc0mplished to the satisfaction of the City. 10.1205925.6/ 32544·00001 Toll/ Pinnacle at Moorpark Highlands CC&Rs- 69. 108 1 ''i I I I l I I I I j j ! I 17.8 Maintenance. (a) Each Owner shall maintain the. owner's Residentiai Lot free of litter and debris. (b) The Association shall maintain th~ AssoCiation Property artd Association Maintenance Areas free a flitter and debris; (c) All on-site storm drains shall be cleared .at leasttwice a year, once immediately prior to October 15 (the start of the r~linpeason) and once in January. Additional cleaning may be required by the City Engineer. . (d) Private roads and drives shall be. maintained free of litter and debris. . Sidewalks,. parking areas (if any) and drives shall be. swept regularly to preyent tJie accumulation of litter and debris. ·When .swept or washed, debris. must be trapped and collected to prevent entry to. the storm diain system. No cleaning agent may.be discharged to. the stoim drain. If any cleanirtgagent ordegreaser is .used, wash water shall not be discharged tothe storm drains; wash water shall be collected and dis_charged to the sanitary sewer •. Discharges .to the sanitary sewer are subject to the revieW, approval and conditions of the. wastewater treatment plant receiving the discharge. · · (e) All exterior metal building surfaces, including roo[u\.g, shall be coated and sealed with rust inhibitive paint to prev~nt corrosion .and release of metal contaminants into the storm drain system. (t) Landscaping shall be properly l)iaintained with· efficient irrigation to. reduce runoff, promote surface filtration, and minimize the use of fertilizers and pesticides, which can contribute to irrban runoff pollution. I 7.9. . Association's Failure. to Maintain Certain Areas. If the Associati.on fai)s to maintain any Association Property that is subject to a rejected irrevocablt;l.offerof dedication to the City for lalidscaping and slope maintenance purposes in amannertha:t is consist~nt with .the approved plans therefor, the City m;ty, iri..its sole discretion, assume the 111ainte_nance ofsuch areas or place them within an assessment district-If the C:::ity. assumesinaintenance of such areas, the City may, in its sole discretion, inclUde the landscaping ruid. slope maintenance in an existing assessment district or any successor district. The total cost qfthe formation· of any assessment · disirict and the maintenance of the areas described above; including the cost ofconverting irrigation systems or other costs associated with the change in.IJ)aintell,;tnce responsibility~ shall be borne by the property owners, as determined by the City, within the' entire area encompassed by the Fina!Map. I 7.10 .. Limitation on Amendment; Notice to City .. This Declaration may he amended or modified only to the extent. that it does n()t conflict witJi .. the Gonditions of A,pptoval, Developmen!Permit, the Specific Plan or the Development Agreement. Sixty (60) days' notice must be given to the City of the intent to modify this Declarati.on: 101205925.6/32544·00001 TOll I PinnaCle ai M~orparkHighllinds CC&Rs 70 109 1 I I I I I I I ., ' I I I .i l ARTICLEJS· .GENERAL PROVISIONS 18.1 Headings; The headings used in this Declaration are for convenience orily and are not to be used to interpret the meaning ofany ofthe provisions ofthis Declaration. · 18.2 Severability. The provisions of this Declaration shall .lie deemed .independent and severable, and .. the invalidity or partial invalidity or unenforcc;,ability of any.provision. or provisions .of it shall no~ hi validate any othet' provisidns~ In tlie event that any phrase,· clause, sentence, paragraph, section, article or other portion of this.Declaration shall become illegal, null, void, against public policy ·or otherwise.· unenforceable,·,. for ariy reason, the remaining portions ofthis DeClaration shall not be affected thereby and shall remain in force arid effect to the fullesf.extent permissible by law. 18.3 Cumulative Remedies. Each remedy provided for in this Declaration shall be cumulative and not ex<;)lusive. Failure to .exercise any remedy provided for in this Declaration shall not, under any circumstances, be construed as a waiver. . 18.4. Violations as Nuisance. Every.act ol' omission in violation 6f'the provisions of this Declaration shall constitute a nuisanc'-' and, in addition to allpthet remedies herein set forth, !Ti~Y be abated or enjoined by any Owner, ariy Member of the . Bmird, the manager, or the Association. 18.5 No Racia!Restriction; No Owrier shall execute. or cause to be record~Jd any instrument which imposes a restriction upon thll' sale, leasing or occupancy of the OWner's Residential Lot on the basis ofrace, sex, color or creed. 18.6 Access to Books. Declarant may, at any reasonable time,and upon reasonable notice to the. Board or manager cause an audit or inspection to be made of the books and . fmancial records of the Association. . 18.7 Liberal Construction. . The provisionsof this Declaratio11 shall be liberally construed to. effectuateits purj)ose. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce.said provision thereafter. 18.8 Notification ofSale ofResidimtial 'Lot. Concurrently with the consummation of the sale of any Resiclential l,ot under circumstances whereby the transferee becomes an Owner thereof, or within five (5)business days theieafter, the .transfeJ'e!J shall notifY the Board in writing of such sale. Such notification shall set forth the na!Ile ofthe transferee and his or her. Mortgagee and transferor, the .. common address bf the Residential Lot purchased by the transferee, the transferee's and the Mortgagee's maiUng address, and the date of sale. Prior to the receipt of such notification, any and all COIDJl!Unications,required or permitted .to be given by the Association, the Board or the ll!anager shall be deemed to be duly made and given to the transferee if duly and timely made and given to said transferee's transferor. Maiiing addresses may be changed at· any time upon written notification to the Board. Notices shall be. deemed received forty-eight (48) hours,after mailing if,rnailed to the transferee, or to its transferor.ifthe Board has received no notice of transfer as above provided; by certified mail, r.etum receipt 101205925.6/ 32544-00001 Toll/ Pinnacle at Moorpark Highlands CC&Rs 71 110 I I I I I I I I I j . \ requested, at the mailingaddressabove specified. Notic.esshall also be, deemed received on the nextbusines& day after being sent by overnight courieror.upon ·delivery if delivered personally to any .occupant of a Residential Lot over the age oftwelve (12) years. · 18.9 Number; Gender. The singular shall include the plural and the plural the singular unless the context requires the contrary,. and thil masculine, femin:ine and.neuter shall each include the masculine, feminine or neuter, as.the context requires. 18:HJ Exhibit~. All exhibits referred to in this.J)eclaration are attached to this Declar.ation. and incorporated by reference. . .18.11 Binding Effect. This· Declaration shall. inure to the.bendit of and be binding on the successors and assigns of the Declarant, arid· the heirs, personal representatives, grantees, tenants, successors. and assigns ofthe Owners. · . . . .. . . . 18.12 Easements Reserved and Granted. ·Any .easements referred to in this . Declaration shall be deemed reserved or granted, or both reserved and granted, by reference to this Declar.ation in the frrst deed by which a ResidentialLotis:co!lveyedto anb\Vner otherthan Declarant. · 18.13 Statutory References. AU references in this Declaration to ~arious statutes, codes, regulations, ordinances and other laws shall be deemed to inclucle those.laws in effect as of the date of this Declaration and any sriccessorlaws as may be amended from tim¢ to time, · . . --. '. lN WITNESS WHEREOF, Declarant has exec~ted this instrument as of the date first written above. 101205925.6/.32544-00001 Toll/ P-innacle at MoorPark Highlands CC&Rs DECLARANT:. 'ToLL LAND XIX LIMITED PARTNERSHIP, a California limited parmership By: . Toll CA GP <;:oip., a California corporation, Its General Partner B~l.~~ Nam~.;t...._,_, 'i.:~~L· Its: J:>.~<' 72 ' -.~?~":fl'f.l' .-,"'"-""""''"~""'~".* ,·,•,·•-~_ ... ,,,.-r.:::,.,~:x,~, .. ~ .... , ~-,_ .: "'A--.-'fi-:·$5>{' ,,.;,._,,1 .>,~~H;,. ""lc" .li-·t·~P<i~.,., ~:;.-b .,.1 .. :"f'' !\!~~~<'i4VA-)· .. ;'."" ·-":· w,_: •;,-,.-., ~:""'~'71\'>'.~'"";''~'\"·:.'¢'i'h>-"·;_:;•v~ 111 1 I ·I 1 I 1 j ··.\ i :.:1 · STATE OF CALIFORNIA COUNTY OF VRi\htra ) } ss. ) On 53\ e\ro. · · · · , before me,DI).tan L. 2t<vac£4~Dtaz. . Notary Public; personaby appeared \(e !11 a · t;. Rossi f\..5 b who. p. r·o.v.ed to .... me o.nth· .. e ba:s.is of satis·f:.acto. ry eviden .. ce to. be .. th .... e.:~.· erssoonn1~.· .. w•h· ose·n·am.· ... e .. ~. subscribedtothe within .instrument and acknowledget;l to me tha~tl>ey executed. the same in~Peir authorized capacityQest and that by~/tkeir signature%on the instrument the person.ksf. or the entity upon behalf of which the persori®cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofth~ State. of Ca1ifomia that the foregoing paragraph is true and correct. IOI205925M 32544·0000! Toll/ Pinnacifat Moorpark Highlands CC&Rs (Seal) 73 112 I I j 1 I ··; I J I I I I I I I ., ! --l I EXHIBIT' "A" LEGAL DESCRIPTION OF THE PROPERTY Lots 1,2; ~, 94, 95 and 96 ofTRACT NO. 5045-8, in the CityofMoorpark,County of Ventura, State of California, as per Map recorded in Book 157, Pages 7. through 23, inciusive, of Miscellaneo)ls Records, in the Office of the Co)lnty R.ecorden>fVentUra County. 101205925.6) 32544-00001 To Ill Pinnacle at MOorpark lUghl3nds CC&RS EXHIBIT "A" 113 EXHIBIT "B" LEGAL DESCIUPTION OF ADDITIONAL PROPERTY Lots 4.through 93, inclusive, Lots 97 through. 132, inclusive, Parcels A~ B, C, D,. E,F, G, H, I, J, K, L, M, Nand 0 of TRACT NO. 5045-S,in the City of Moorpark, Collilty of Ventura, State of California, as per Map recorded in Book 157, Pages 7tlirough 23,)nclusive, ofMiseellaneous Records, in the Office ofthe County Recorder of VentUra County. ·· · 101205925.6/32544-00001 EXBJBIT ''B" Toll/ Pinnacle· at Moorpark Highlinds CC&Rs . 114 None. 101205925.6/32544-0000 I Ton I Pinnacle at Moo.rJ)ark Highlands CC&Rs BXHIBIT "C" ASSOCIATION MAINTENANCE AREAS EXHIBIT "C" 115 EXHIBIT "D" ·LiviD M:ArNTENANc:E A.R:EiA.s Those portions ofLots 2, 3 arid 5 through 32, inclusive, ofthe Final Map.thatare shown .on the Final Map as "EASEMENT FOR HikiNG AND EQUESTRIAN 1)WL PURPOSES BEING.DEDICATED HEREON TO THE CITY OFMOORFARK" 1 ot2oS925.6t32S44·0000J Toll/ PinnaCle e.t Moorpark Highlands CC&RS EXHIBIT "D" 116 EXHIBIT "E" ASSOCIATION ACCESS EASEMENT AREAS Parcels A and F of TRACT NO. 5045-8, in the City of"Moorpark, co11nty of Ventura, State of California, .as per Map recorded in Book 157, Pages 7 through 23, inclusive, .of Miscellaneous Records; inihe Office of the County RecorderofVentur~ County. · 101205925.6/32544-00001 Toll/ Pinn·aCie at Moorpark Highlands c.c&Rs EXHIBIT "E" 117 EXHIBIT "F" ASSOCIATION MAINTENANCE RESPONSIBILITIES (see attached three.(3}pages] . .·.. . .. ·. . .. All items and their locations shown on the attached exhioit are shown for informational purposes only and should ·not .be relied· upon for cont~nt, precise. design or .dimension. The actual conditions will control. The attached exhibit is for illustrative purposes only and the dimensioni are approximate.· 101205925.6/32544-00001 Toll/ Pfnnaclc at Moorpark Highl.ands CC&Rs EXHIBIT "F" 118 I I PINNACLEATMOORPARKHIGHLANOS 12 13 14 IS 16 17 18 19 20 2 1 22. II LEGEND - -HOA .MA I NTA 1 NED LAt-llSCAPE PINNACLE AT MOORPARK HIGHLANDS BY TOLL BROTHERS TRACT 5045-8 EXHIBIT F -LANDSCAPING ASSOCIATION MAINTAINED L.ANDSC~E AREAS PINNACLE ASSOCIATION PROPERTY ~ ~ I ' ; ~ ~ ~ m I 0 s CITY OF MOORPARK ~~~~~--~~~~~-,~~~~~-1~ '------------------1--..UD<OA.!!TE='-: _3"-L.!-19"-'-'1"'-0...L..S,C:.oA=>LE"-:_1,._".::=3,00"'--' _J._-"'SH'-"E"'E"-T --'1'-"'0F---'.1--lr 119 12 13 14 . IS 16 17 18 11 70 69 68 67 LEGEND -,------<>-' -HOA MAINTAINED GATE ~ -HOA MAINTAINED FENCES ------HOA MA.iNTAINEDWALLS -HOA MAINTAINED: FACE OF. WALLS ADJACENT TO HOA MAINTAINED LANDSCAPING -x--TEMPORARY RAIL FENCE MAiNTAINED SY HOA ~ PI.ANNIND • OUIBN • C<INBTflUCliON -·~ ,.=:":= CONSULTING Ma.m=• I'MII«l~ • W....FBI'bOtn 19 20 PINNACLE AT MOORPARK HIGHLANDS BY TOLL BROTHERS TRACT 5045-8 CITY OF MOORPARK 21 22 23 EXHIBITF-FENCING ASSOCIATION MAINTI\It.JED. WALLS.& FENCES PINNACLEASSOCLATION PROPERTY 120 I i i I I f i ! I I •I 1 I I .! : I I ' '' .. ,_ ''1"·,,c·i>·"•"··•_, ,·,>1-:·'·"'-.... , •.. '•-~.'--'-;_.,;,.;.;.,_;~.;.::_.l·",;,;;, .. .,,!<'·(~~.(:-..i,;,i,:S,~.;jg:~:.<~~~..;~~l.>.~6'ii.iii'&+"'c.':?,S'\¥i'~p-'ttJ;f;6'Ji.l:"''rl'M{"r<~;>:!ff:rl.li::r.r""""'fi'M(f' ~ ' ~e "!:tr ffl"'W'"'Zdh'"' · • I I. I PINNACLE ATMOORPARK HIGHLANDS 12. 13 14 15 16 17 -LOT B c LOT C -LOT D HOA MAINTAINED -LOT t STREETS c LOT F -LOT. G -LOT:H ----HOA MAINTAINED CURB, GUTTER, SIDEWALK AND STREET LIGHTS PINNACl-E ATII"OORPARK HIGHLANDS BY TOl-L BROTHERS TRACT 5045-8 "Q'" ~ ·~ a ·. ·:;; ~ I ' . ~ ~' ? l ; -----~-'--'--'--'-._,....,.,.--'--~-l~· r 7 EXHIBIT F-STREE:T$ ~. ~ ASSOCIATION MAINTAINED sTREET AREAS OVER o PINNACLI: ASSOCIATION PROPERTY ': hu~-n~"'T<~~~~~r-~~70r<~~ ~--~~----------------------~~--~D~AT~E~:~3~1~9~· 1~0~~SC~A~LE~:_1~·~=3~Do~·~~:~~~·~E~T~ .. 1~0F~1-J< ·CITY OF MOORPARK 121 CC ATTACHMENT 6 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 CC ATTACHMENT 7.A.159 CC ATTACHMENT 7.B. 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 CC ATTACHMENT 8 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 RESOLUTION NO. 2019- ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RE-APPROVING VESTING TENTATIVE TRACT MAP NO. 5437 AND A ONE-YEAR EXTENSION OF RESIDENTIAL PLANNED DEVELOPMENT (RPD) PERMIT NO. 2004-05 FOR 21 HOMES ON RESIDENTIAL LOTS AND 1 OPEN SPACE LOT ON APPROXIMATELY 42.4 ACRES ON THE EAST SIDE OF WALNUT CANYON ROAD AT CHAMPIONSHIP DRIVE, ON THE APPLICATION OF BIRDSALL GROUP, LLC WHEREAS, on May 17, 2006, the City Council approved Vesting Tentative Tract Map No. 5437 and RPD Permit No. 2004-05 for 21 homes on residential lots and 1 open space lot on approximately 42.4 acres on the east side of Walnut Canyon Road at Championship Drive. The Vesting Tentative Tract Map and Residential Planned Development Permit approvals have since expired; and WHEREAS, on January 16, 2018, an application was submitted by Birdsall Group, LLC (Scott Birdsall) requesting re-approval of Vesting Tentative Tract Map No. 5437 and a one-year extension of RPD Permit No. 2004-05; and WHEREAS, at its meetings of August 28, 2018 and November 27, 2018, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and on November 27, 2018 reached a decision on this matter recommending denial of the proposal; and WHEREAS, at its meeting of January 16, 2019, the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Community Development Director has determined this project is consistent with the Mitigated Negative Declaration adopted for the original project, in that there are no substantial changes to the project which will require revisions to the previously adopted Mitigated Negative Declaration, there are no changes to the circumstances under which the project is undertaken that would require revisions to the previously adopted Mitigated Negative Declaration, and there is no new information of substantial importance that shows that the project would have one or more significant effects not discussed in the previously adopted Mitigated Negative Declaration, or that significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration and that no additional environmental review is required. CC ATTACHMENT 9 195 Resolution No. 2019-____ Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council concurs with the Community Development Director determination that this project is consistent with the Mitigated Negative Declaration adopted for the original project, in that there are no substantial changes to the project which will require revisions to the previously adopted Mitigated Negative Declaration, there are no changes to the circumstances under which the project is undertaken that would require revisions to the previously adopted Mitigated Negative Declaration, and there is no new information of substantial importance that shows that the project would have one or more significant effects not discussed in the previously adopted Mitigated Negative Declaration, or that significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration, and that no additional environmental review is required. SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council finds the proposed one-year extension of RPD Permit No. 2004-05 is consistent with the original findings, because there have been no changes in the adjacent areas, the applicant has worked diligently towards use inauguration during the initial period of time, and the one-year extension will not change the findings in the original Mitigated Negative Declaration prepared for the project. SECTION 3. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the Vesting Tentative Tract Map, with imposition of the attached special and referenced standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance as amended by General Plan Amendment No. 2004-03 and Zone Change No. 2004-02 to allow for a Residential Planned Development at a density up to one (1) unit per acre. B. The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan as amended by General Plan Amendment No. 2004-03 and Zone Change No. 2004-03 for a Residential Planned Development to allow for a density up to one (1) unit per acre. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The site is physically suitable for the proposed density of development of one (1) unit per acre, in that all City Development standards would be met by the 196 Resolution No. 2019-____ Page 3 proposed project as conditioned while preserving 19.63 acres of the project site as open space. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that all potential impacts would be mitigated through project design or conditions of approval including restoration of a 2.2 acre area of Coastal Sage Scrub habitat. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that reciprocal access easements and a construction management plan for improvements between Tract 5045 (Pardee) to the east and the site have been identified and incorporated in the design of this project. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that it is located on a hilly site at elevations between 770 and 900 feet, away from any public waterways. SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 16th day of January, 2019. __________________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Maureen Benson, City Clerk Exhibit A – Standard and Special Conditions of Approval 197 Resolution No. 2019-____ Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5437 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2004-05 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Subdivisions and Planned Development Permits as adopted by City Council Resolution No. 2009-2799 (Exhibits A and B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS Planning Division Special Conditions 1. Vesting Tentative Tract Map No. 5437 is approved per the submitted vesting tentative map as modified by the referenced standard conditions and the special conditions contained in this resolution. 2. Up to a maximum of twenty-one (21) residential lots may be developed under this entitlement. 3. Prior to the occupancy of the first dwelling unit, the applicant shall pay $210,000.00 to the City as the pro-rata share of the street improvements along the east side of Walnut Canyon Road from the southern property line of the project site north to the northern city limits, including an improved transition area beyond the northern city limits. The Final Map shall include an irrevocable offer for dedication of right-of-way for the east side of Walnut Canyon Road as determined necessary by the City Engineer and Caltrans for the planned widening improvements. 4. The existing driveway off of Walnut Canyon Road shall be used solely for emergency access and shall have a decorative driveway entry and electric gate constructed and installed to the satisfaction of the Community Development Director and Fire Department that only opens out to Walnut Canyon Road. A plan for the design and operation of the gate shall be submitted for review and approval of the Community Development Director and Fire Department and shall be constructed prior to the issuance of any residential building permits. 5. The Tract Map shall show a 200’ deep setback between the residential development areas of Lots 1 and 17 and the agricultural land on the adjacent property to the north within the unincorporated area of the County of Ventura. The Final Map shall include a restricted use easement over this area which shall restrict the construction of any structures intended for human habitation prior to the approval of the Final Map. Structures for non-human habitation, including but not limited to patios, gazebos, horse barns, tack rooms, horse stalls and riding 198 Resolution No. 2019-____ Page 5 arenas; may be allowed upon the determination and approval of the Community Development Director on a case by case basis. The future property owners of Lots 1 and 17 shall be required to sign an acknowledgement of agreement of the above factors prior to occupancy of any approved residential dwelling unit. 6. The following lots of Vesting Tentative Tract Map No. 5437: One (1) through Nine (9) and lot Seventeen (17) shall be served with multi-purpose (hike/bike/equestrian) trails, which shall be placed along both sides of the private “A” Street, from the eastern project boundary to its intersection with “B” Street, and shall be constructed out of decomposed granite at a minimum of ten feet (10’) in width and shall also be placed to the back of lots Four (4) through Eight (8), to the north side of lot Nine (9) and in the front of lots One (1) through Three (3) and lot Seventeen (17). The Covenants, Conditions and Restrictions shall prohibit the keeping of equine, bovine and cleft hoofed animals on Lots Ten (10) through Sixteen (16) and lots Eighteen (18) through Twenty-One (21). The multi- purpose trail plan shall be submitted for review and approval of the Community Development Director, and the approved multi-purpose trail plan shall be shown on the Final Map prior to approval of the Final Map. 7. All future property owners of lots within Tract 5437 shall be required to sign an acknowledgement that all properties located within Tract 5437 have been created at substantial sizes which allow the accommodation of various forms of animal keeping, including but not limited to horse keeping, except for those lots restricted from horse keeping by condition 6 above. 8. All multi-purpose trails shall be separated from vehicular traffic by the construction of a tan concrete fence with wood grain appearance at a maximum height of five feet and with three horizontal cross members subject to the review and approval of the Community Development Director. 9. Prior to the approval of the Final Map, the applicant shall enter into an agreement to participate in the development and maintenance agreements of the Homeowners Association of Planning Areas 8&9 in Tract No. 5045 and contribute a pro-rated share towards the cost for streets and drainage purposes to the satisfaction of the City Attorney, City Engineer, and Community Development Director. The multi-purpose trails located throughout Tentative Tract Map No. 5437, shall be maintained by the Homeowner’s Association. 10. Concurrent with the recordation of the Final Map, a Conservation Easement to the City of Moorpark shall be granted to the satisfaction of the City Engineer and Community Development Director and pursuant to California Civil Code Section 815 et seq. over all areas shown as open space on the Tentative Tract Map No. 5437 project to preserve the natural, scenic and open space character of the property in an undeveloped condition. The Conservation Easement shall run with the property and be binding upon grantors and their successors and assigns. All development rights shall be dedicated to the City of Moorpark and no agriculture, extraction of subsurface mineral resources, excavation, drilling, pumping, mining, or similar activity shall be allowed in any portion of the Conservation Easement. The Conservation Easement shall be recorded on the Final Map to the satisfaction of the City Engineer and Community Development Director. 199 Resolution No. 2019-____ Page 6 11. The multi-purpose trail, trail fencing, private streets, driveway and driveway gate for the emergency access off of Walnut Canyon Road, fuel modification areas and common area slopes, drainage facilities including all NPDES requirements and dissipation and detention structures, and the open space slope areas shall all be maintained by the Homeowners Association. 12. All conditions of Residential Planned Development Permit No. 2004-05 shall apply to this Vesting Tentative Tract Map No. 5437. Engineering Department Special Conditions GRADING 13. Project soil quantities shall balance. No soil shall be moved to or from this project for grading purposes. 14. The soils report for this project specifies offsite grading for the remediation of geotechnical conditions. Letters of permission for offsite grading and any temporary construction and/or permanent easements shall be provided to the City Engineer prior to approval of the grading plans. 15. No buildings shall be constructed within 50 feet on each side of any known active or potentially active fault. 16. The developer shall submit a project specific geotechnical report for review and approval by the City Engineer prior to final map approval. PUBLIC AND PRIVATE STREETS 17. The existing driveway at the westerly portion of property off of Walnut Canyon Road shall be for the sole purpose of emergency access only, subject to the review and approval of the Fire Department. 18. The existing driveway to be used as emergency access only, shall have a decorative driveway entry and electric gate constructed, with the driveway entry and gate designed and located subject to the review and approval of the Community Development Director and Fire Department, and equipped with fire department approved locks, which shall be installed westerly of the proposed fire department turnaround. 19. The Streets “A” and “B” and the Street indicated as “C” Drive, on Vesting Tentative Tract Map No. 5437, must be designed and built to Ventura County Road condition standard plans to the satisfaction of the City Engineer and the Director of Community Development, and as approved by the Fire Department for emergency access purposes. DRAINAGE AND HYDROLOGY 20. A sump condition is proposed on “B” Street and must be designed for 100-year protection of habitable areas assuming the inlet catch basins in the street clogs 100%. This will require a secondary emergency outlet for the sump waters, 200 Resolution No. 2019-____ Page 7 which will provide a minimum of 1.0 foot freeboard between the maximum water surface elevation and the minimum adjacent finish floor elevation. This emergency outlet system must direct overflows to either a downstream street with adequate capacity or other acceptable downstream conveyance system. Point of discharge must be analyzed with regard to prevention of downstream problems. A sump condition exists whenever water ponds and the inlet is located at a low point and by-pass flow does not occur until right-of-way width flooding/ponding occurs in the street. 21. The proposed storm drain pipe system outletting easterly of proposed Lot 8 shall include a dissipater structure and rip-rap pad for hydraulic energy and velocity scour reduction. 22. The proposed trapezoidal channel located on the easterly boundary of the project shall be concrete channel or alternative channel design that addresses and mitigates erosive conditions and shall be approved by the City Engineer and shall be designed in accordance with Ventura County Watershed Protection District Standards. 23. The applicant must show legal ability to use and benefit from, and show mechanism to in part or in whole maintain the drainage basin known as existing Permanent Basin M-24 on Tract 5045 and associated facilities located for water quality and detention purposes, and these plans must be provided prior to approval of grading plan and filing of Final Map for review and approval. 24. All existing and proposed offsite drainage improvements intended to be used and benefited as part of this project must be shown capable of properly conveying all tributary flows and must be submitted for review to the City Engineer. 25. To avoid the sky-lining of houses and to protect the ridgeline viewshed as observed from valley floors, a building restriction setback shall be placed towards the rear of Lots 17, 18, 19, 20 and 21 indicting that there shall not be any above ground structures above ten (10) feet in height allowed within a 35-foot setback distance as measured easterly away from the finished elevation of 930 feet behind the custom lots. The Final Map shall include this restricted use easement over this area, which, shall restrict the construction of any above ground structures above ten (10) feet in height allowed within a 35-foot setback distance as measured easterly away from the finished elevation of 930 feet behind the custom lots, prior to the approval of the Final Map. The future property owners of Lots 17, 18, 19, 20 and 21 shall be required to sign an acknowledgement that they were provided information on the restricted use easement, including an easement description and map showing the easement, prior to occupancy of any approved residential dwelling unit. These restrictions shall be made a part of the CC & R’s. 26. Within thirty calendar days of submittal of the first plan check for Final Map, the applicant shall provide a copy of the Covenants, Conditions, and Restrictions (C.C.&R.’s) to the Community Development Director and the City Attorney for review and approval to ensure consistency with the Moorpark Municipal Code, Vesting Tentative Tract Map No. 5882 and Residential Planned Development 201 Resolution No. 2019-____ Page 8 Permit No. 2016-01, as conditioned. Submittal of the C.C.&R.’s shall include a $5,000.00 deposit to be used for the City Attorney’s cost of review. 27. CC&R’s and Landscaping Easement Requirements: Covenants, Conditions and Restrictions (CC&R’s) and by-laws establishing one or more Homeowners’ Associations for the residential development shall be prepared prior to Final Map Approval. CC&R's shall be subject to the review and approval of the Director of Community Development and City Attorney. Language shall be placed in the CC&R's indicating that any subsequent changes to the CC&R's shall be subject to the review and approval of the Director of Community Development and City Attorney. All applicable conditions of approval and mitigation measures shall be incorporated into the CC&R’s as requirements, including but not limited to the following provisions: a. Identification of all Common Maintenance Areas including maintenance of all multi-use trails, open space lots, detention basin landscaping, parkway landscaping for all streets, any shared driveways, private streets, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities. The draft CC&R’s shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to approval of the first phase of the Final Map by the City Council and the subdivider shall be required to pay all costs associated with such review. All applicable Tentative Map and Residential Planned Development (RPD) and conditions of approval shall be highlighted in the copies of the CC&R’s submitted for City review. Prior to the sale of any lots, the CC&R’s shall be approved by the State Department of Real Estate and then recorded. Approval of the City shall not be construed to mean that the City has any obligation to enforce CC&R’s. The Homeowners’ Associations may modify the CC&R’s only to the extent that they do not conflict with the terms of approval of the Tentative Tract Map, approved Residential Planned Development Permit or any approved Development Agreement. Sixty (60) days’ notice must be given to the City of the intent to modify CC&R's. Further, it is the sole responsibility of the Homeowners’ Associations to enforce the CC&R's. b. Language indicating that where feasible, the use of recycling materials shall be included in the construction of the project. c. Provisions that the Homeowners’ Association shall be responsible for implementing and maintaining the vegetation management requirements of the Fire Hazard Reduction Program in perpetuity. As required by the Fire Department fuel modification plan zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zones shall be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built 202 Resolution No. 2019-____ Page 9 environment and natural open space. Final approval of this Program by the County Fire Prevention District and Director of Community Development shall be required prior to the recordation of the first Final Map. Appropriate language shall be included on the Final Map indicating the boundary of all areas of fuel modification hazard zones. d. Provisions prohibiting human, domestic animal, agricultural, and motorized vehicle use in preserved designated natural open space areas, except that horses, non-motorized vehicles and pedestrians are allowed on designated trails. In addition, provisions shall be included prohibiting tree houses; play structures; vehicle parking or storage; agricultural use; wireless communication facilities; sale of easements for residential use purposes; extraction of subsurface mineral resources, excavation, drilling, pumping, mining, or similar activity; and all other development restricted by recorded easements. e. Provisions that individual front yard landscaping must include a minimum of one (1) 24” box tree as a part of private front yard landscaping. f. Provisions requiring that ultra-low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The CC&R’s shall also include a requirement for the following energy saving devices or construction features: • Stoves, ovens, and ranges, when gas fueled shall not have continuous burning pilot lights. • All thermostats connected to the main space-heating source shall have night setback features. • Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. g. Language restricting front and rear yard lighting to be consistent with the City's Lighting Ordinance. h. Language that any modifications to structures shall be designed in accordance with the approved RPD. i. Language to insure that no sheet flow of drainage occurs between lots located within or adjacent to the project. j. Language requiring the Homeowners’ Association to be responsible for the maintenance of drainage facilities including all NPDES requirements unless such structures or facilities are accepted into the master flood protection system by the Ventura County Flood Control District. k. Language prohibiting use of roofing material made of wood or asphalt shingles and requiring tile roofs as determined by the City as roofing materials for all structures. 203 Resolution No. 2019-____ Page 10 l. Language that discourages excessive noise generating activities in garages consistent with adopted community noise standards. Garages shall remain permanently available for the purpose of automobile parking. m. Language requiring the Homeowner's Association to remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. n. Language requiring that all property areas be maintained free of litter/debris. o. Language requiring that all on-site storm drains, swales and terrace drains be cleared at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. p. Language requiring that private roads and parking areas be maintained free of litter/debris. Sidewalks and parking areas shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval and conditions of the wastewater treatment plant receiving the discharge. q. Language requiring that all exterior metal building surfaces be coated and sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. r. Language requiring that landscaping be properly maintained with efficient irrigation to reduce runoff, promote surface filtration, and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. s. Language requiring compliance with the City approved fence/wall plan. t. Language requiring the Homeowners’ Association to be responsible for the maintenance of private streets, and emergency access roads, and private street lighting. u. Unless otherwise stipulated in the Special Conditions of Approval, all required on-site drainage improvements and/or stormwater quality [NPDES] features or facilities shall be maintained by the Homeowners’ Association. The Homeowners’ Association shall provide verification to the City Engineer that all on-site storm drains have been cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. The City Engineer may require additional cleaning depending upon site and weather conditions. 204 Resolution No. 2019-____ Page 11 28. Fence/Wall Plan: A fencing, perimeter, gate, and privacy barrier wall plan, complete with related landscaping details, identifying the materials to be used and proposed wall heights and locations shall be submitted to and approved by the Director of Community Development prior to the issuance of a Zoning Clearance for grading. The approved fence/wall plan shall be incorporated into the CC&R’s. All fences/walls along lot boundaries shall be in place prior to occupancy of each lot, unless timing for installation is otherwise stated in these conditions. Where applicable prior to approval of the final fence/wall plan, the Director of Community Development shall approve the connection of property line wall with existing fences and or walls on adjacent residential properties. The Developer is required at his/her sole expense to connect or reconstruct adjacent residential walls and or fences to the project perimeter wall utilizing the same type of material that comprises existing walls and or fences that are to be connected to the project perimeter wall. 29. Any Final Map identifying any landscape easement or drainage easement granted to a Private Responsible Party shall also be irrevocably offered for dedication to the City and shown on said Final Map. The City reserves the right to assume the maintenance of parkway landscaping, median landscaping or drainage improvements being maintained by a Private Responsible Party, should it be determined by the City, at its sole discretion, that the maintenance being provided by the Private Responsible Party is inadequate. 30. When, and if stipulated in the Special Conditions of Approval, that certain identified parkway landscaping and/or drainage improvements are to be maintained by the City, an Assessment District shall be formed to fund City costs for such maintenance. In such event, any required landscaping and/or drainage improvements shall be conveyed to the City in easements for such purposes. 31. Prior to issuance of a Zoning Clearance for the first building permit or the approval of any final map for the Project: the developer shall pay the City a Five Thousand Dollar ($5,000) Assessment District Formation Fee. The District shall be for the purposes of funding future costs for the maintenance of landscaping and irrigation of the landscaped area and related improvements including but not limited to block walls and hardscape adjacent to Walnut Canyon Road. The City shall administer the annual renewal of the Assessment District, and any costs related to such administration shall be charged to the fund established for such Assessment District revenues and expenses. 32. An Assessment District [herein “Back-Up District”] shall be formed to fund future City costs, should they occur, for the maintenance of parkway landscaping, median landscaping or drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back-Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor 205 Resolution No. 2019-____ Page 12 amount, possibly zero. The City shall administer the annual renewal of the Back- Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. 33. When it has been determined that it is necessary to form an Assessment District (including a Back-Up District), the applicant shall be required to undertake and complete the following: a. At least one-hundred-twenty (120) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, whichever comes first: i. submit the final draft plans for any irrigation, landscaping or Drainage Improvements [herein “Maintained Areas”] to be maintained by the Assessment District (including a required Back- Up District), along with any required plan checking fees; ii. submit a check in the amount of $5,000 as an advance to cover the cost of Assessment Engineering for the formation of the Assessment District [Note: Developer shall be required to pay for all final actual assessment engineering costs related to the Assessment District formation along with City administrative costs.]; b. At least sixty (60) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, whichever comes first, submit to the City the completed, “City approved” plans for the Maintained Areas (landscaping, irrigation and NPDES Drainage Improvements); c. Prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, whichever comes first, submit to the City a signed Petition and Waiver requesting formation of the Assessment District [Note: The Petition and Waiver shall have attached to it as Exhibit ‘A’ the City approved final draft Engineer’s Report prepared by the Assessment Engineer retained by the City.] 34. Prior to approval of any final map for the Project, the developer shall provide a Subdivision Improvement Agreement for review and approval by the City Council consistent with Section 66462 of the Government Code. 35. Improvements along Walnut Canyon Road shall include conduit behind the sidewalk for future use for broadband to the satisfaction of the City Engineer/Public Works Director. 36. Concurrent with map recordation, the applicant shall provide, as part of the street improvement plans, a public service easement within the private streets, subject to approval of the Community Development Director and City Engineer/Public Works Director. 37. Prior to the issuance of the first building permit, the Developer shall provide the City with a written request for the City to adopt a resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code. 206 Resolution No. 2019-____ Page 13 38. The Developer shall comply with all mitigation measures of the Mitigated Negative Declaration. Said mitigation measures are hereby adopted by reference and made Conditions of Approval. 39. Water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. 40. Prior to or concurrently with approval of the Final Map the applicant shall grant the City public access easements for future trail and recreational purposes. The exact location of said easements will be subject to the approval of the Community Development Director and the City Engineer. 41. Prior to filing the final map with the City Engineer, the applicant shall provide satisfactory evidence to the Community Development Director that Tract 5437 has permanent, non-construction access rights through Tract 5045-8’s (Pinnacle) private streets and gates and that an enforceable cost-sharing agreement is in place to compensate Tract 5045-8 for the proportional burden of Tract 5437’s use of such private streets and gates. Satisfactory evidence means either written confirmation from the Pinnacle Homeowners Association or a declaratory judgment or other court order. 42. Prior to filing the final map with the City Engineer, the applicant shall provide detailed drawings showing vehicular access through Lot 11 or Tract 5045-8 and across the existing trail. Such plans shall address safety of trail users as well as landscaping/screening and decorative details. Plans shall be subject to satisfaction and approval of the Community Development Director and City Engineer/Public Works Director. 43. Prior to filing with the City Engineer a final map for the project, the applicant shall provide the City with a construction management plan that states that private streets in Tract 5045-8 (Pinnacle) shall not be used for construction vehicles and construction traffic during the grading of lots and construction of homes and other public and private improvements in the project. The plan shall also provide measures to minimize noise and dust impacts to properties in Tract 5045-8 (Pinnacle). Such plan shall be subject to review and approval of the Community Development Director and City Engineer/Public Works Director. In addition, the project applicant shall submit to the City an irrevocable license agreement, temporary construction easement, or other instrument ensuring ongoing construction access until construction of the entire project is complete from one or more access points not from Tract 5045-8 (Pinnacle). - END – 207 208 Re -Approval of Vesting Tentative Tract Map No. 5437 and a One-Year Extension of Residential Planned Development (RPD) Permit No. 2004-05 Birdsall Group, LLC 209 Recommendation •1. Open the public hearing, accept public testimony and close the public hearing. •2. Adopt Resolution No. 2019-____ conditionally re- approving Vesting Tentative Tract Map No. 5437 and a one year extension to Residential Planned Development 2004-05. 210 Location Map 211 Aerial Photograph 212 Background •This map was previously approved on May 17, 2006 but has since expired. Approval was in conjunction with a Residential Planned Development, Zone Change, General Plan Amendment, and Development Agreement. The Development Agreement remains in effect until June 21, 2026. •Residential Planned Development 2004-05 was renewed by a modification on March 4, 2015, remaining in effect until March 4, 2018. •On January 16, 2018, an application was submitted requesting re-approval of Vesting Tentative Tract Map No. 5437 and a one-year extension of the Residential Planned Development concurrently with this application. •On August 28, 2018, the Planning Commission opened the public hearing and, due to the concerns of adjacent residents, continued the meeting with the public hearing open to the meeting of November 27, 2018 at which meeting they adopted a resolution recommending to the City Council denial of the application. •Applicant has continued working with Pinnacle HOA, City Attorney, and staff to resolve outstanding concerns regarding alternative construction access and ongoing access. •Applicant has obtained tentative approval from the adjacent property owner to the north for all construction access and prepared a draft construction management plan. 213 Vesting Tentative Tract Map No. 5437 214 Elevations 215 Floor Plans 216 Access •In October of 2004, the subdivision map for The Pinnacle project was approved, including an easement for the benefit of this project. This easement was shown on recorded map for Tract 5045-8 as an easement deferred to a separate instrument. •In April of 2005, the RPD for the Pinnacle was approved. A condition of approval required the provision of an access easement to the adjacent property to the west, allowing vehicular access through the private street system of the Pinnacle. •The Pinnacle Covenants, Conditions, and Restrictions, were adopted by Toll in August of 2010 and address the aforementioned easements and agreement. •Toll subsequently prepared an access and maintenance agreement. This document was not signed by the owner of lot 11 and was never recorded. In July of 2018, the owner of lot 11 signed a separate easement instrument granting access to Birdsall. 217 Analysis •No changes in site conditions since the project and VTTM were originally approved. •Some modifications to the conditions of approval are proposed. •When this project was originally approved, the City had not yet begun the use of standard conditions of approval for development projects. •Draft resolution adds several special conditions of approval by reiterating those original conditions specific to this project, and adopting the standard conditions of approval. •Several conditions of approval from the original standard conditions have been brought into the special conditions of approval and a few new conditions of approval have been added, consistent with conditions of approval from recently approved projects. 218 Added Conditions •41. Prior to filing the final map with the City Engineer, the applicant shall provide satisfactory evidence to the Community Development Director that Tract 5437 has permanent, non-construction access rights through Tract 5045-8’s (Pinnacle) private streets and gates and that an enforceable cost-sharing agreement is in place to compensate Tract 5045-8 for the proportional burden of Tract 5437’s use of such private streets and gates. Satisfactory evidence means either written confirmation from the Pinnacle Homeowners Association or a declaratory judgment or other court order. •42. Prior to filing with the City Engineer a final map for the project, the applicant shall provide the City with a construction management plan that states that private streets in Tract 5045-8 (Pinnacle) shall not be used for construction vehicles and construction traffic during the grading of lots and construction of homes and other public and private improvements in the project. The plan shall also provide measures to minimize noise and dust impacts to properties in Tract 5045-8 (Pinnacle). Such plan shall be subject to review and approval of the Community Development Director and City Engineer/Public Works Director. In addition, the project applicant shall submit to the City an irrevocable license agreement, temporary construction easement, or other instrument ensuring ongoing construction access until construction of the entire project is complete from one or more access points not from Tract 5045-8 (Pinnacle). 219 Recommendation •1. Open the public hearing, accept public testimony and close the public hearing. •2. Adopt Resolution No. 2019-____ conditionally re- approving Vesting Tentative Tract Map No. 5437 and a one year extension to Residential Planned Development 2004-05. 220 ATTACHMENT 8. REVISED CONSTRUCTION MANAGEMENT PLAN AS PROVIDED AT THE JANUARY 16, 2019 CITY COUNCIL MEETING BY THE APPLICANT'S REPRESENTATIVE, JOHN NEWTON CONSTRUCTION MANAGEMENT PLAN Tract No. 5437 Prepared 01/04/19 REVISED 1/9/19 This CONSTRUCTION MANAGEMENT PLAN ("CMP") represents the construction operations restrictions to be imposed and followed by the Developer/Builder during the completion of Tract No. 5437. The restrictions shall at a minimum comply with Federal and State laws as well as with City of Moorpark municipal ordinances and Conditions of Approval specific to the development of the tract. Additional restrictions will be self- imposed by the Developer/Builder in order to help minimize the impacts to the adjacent neighbors; specifically, the residents of Tract No. 5045-8 (aka Pinnacle at Highlands). Development Schedule The anticipated Development Schedule is estimated to be, as follows: " Month 1 -Grading ~ Month 2-Grading ) Month 3 -Grading Month 4 -Underground Utilities Month 5 -Underground Utilities Month 6 -Underground Utilities Month 7 -Streets Month 8-Model (1 home) Foundation Month 9 -Model Home Framing and Phase 1 (4 homes) Foundations Month 10 -Model Home Mechanicals and Phase 1 Framing Month 11 -Model Home Stucco & Roofing and Phase 1 Framing Month 12 -Model Home Drywall and Phase 1 Mechanicals Month 13 -Model Home Interior Finishes and Phase 1 Stucco & Roofing Month 14-Model Home Completion and Phase 1 Drywall Month 15 -Phase 1 Interior Finishes Month 16 -Phase 1 Completion and Phase 2 (6 homes) Foundations Month 17 -Phase 2 Framing Month 18 -Phase 2 Framing Month 19 -Phase 2 Mechanicals Month 20-Phase 2 Stucco & Roofing and Phase 3 (5 homes) Foundations Month 21 -Phase 2 Drywall and Phase 3 Framing Month 22-Phase 2 Interior Finishes and Phase 3 Framing Month 23 -Phase 2 Completion and Phase 3 Mechanicals Month 24-Phase 3 Stucco & Roofing and Phase 4 (5 homes) Foundations Month 25 -Phase 3 Drywall and Phase 4 Framing Month 26 -Phase 3 Interior Finishes and Phase 4 Framing Month 27 -Phase 3 Completion and Phase 4 Mechanicals Month 28 -Phase 4 Stucco & Roofing Month 29 -Phase 4 Drywall Month 30 -Phase 4 Interior Finishes Month 31 -Phase 4 Completion Note: The above monthly activities and completions are approximate. The activities may be affected (delayed or accelerated) by conditions beyond the control of the Developer/Builder, i.e. (but not limited to); market demand of the sales of the homes in each phase, weather delays, market labor conditions and governmental regulations not in effect as of the drafting of this CMP, etc. Work Hours Per City of Moorpark Municipal Code 15.26.01 O Construction Activity Restricted to Certain Hours, the allowed construction hours are Monday through Saturday from 7 AM until 7PM*. No work is allowed on Sundays*. The referenced code does not restrict work from progressing on Federal (national) holidays. The Developer/Builder will generally restrict the subcontractors to working between the hours of 7AM to 5PM Monday thru Friday. Saturday work (if necessary) shall be restricted to the hours of BAM to 5PM. The construction site will be closed on the following holidays*: • New Years Day • Presidents Day • Memorial Day * • 4th of July plus the Monday before if the 4th of July occurs on Tuesday, and on the Friday after if the 4th of July should occur on Thursday • Labor Day • Thanksgiving Day along with the immediate Friday following • Christmas Eve Day and Christmas plus the Friday after if the Christmas should occur on Thursday The construction site "closure" will not preclude construction management from utilizing the onsite construction office on the referenced holidays and/or on Sundays or after hours. Construction Access Most of the construction traffic onto the site will be accommodated via the existing concrete driveway on the western perimeter of the development site. The driveway is accessed off Walnut Canyon Road. Heavy equipment (i.e. earth movers, bulldozers, excavators, etc.) will be trucked onto and then off the site via a haul route thru the orchard to the north of the project. Tractor trailer combo's delivering lumber, drywall, etc. shall also gain access on the same orchard route when it is determined that the trucks will not be able to navigate the driveway. See attached Trucking Access Schedule. Dust Control Dust will be generated in due course as part of the construction operation. Fugitive dust control is mandated by Rule 55 as provided by the Ventura County Air Pollution Control District (APCD). See attachment. I addition to compliance with Rule 55, water shall be applied continuously during the grading operation of the site along with the excavation, stockpile and backfill operations of the underground utility installation. Construction traffic on dirt roads shall be restricted to 15 MPH maximum speed limit Most of the dust conditions will occur during the first 7 months of the construction activity which incorporates the grading, underground utility and street installations. Once the asphalt paving is installed on the streets there will be little necessity for any subcontractor to drive onto a dirt lot during the construction of the homes. Examples of exceptions are trenching for foundations and masonry wall footings, and for establishing the finish grade as the home nears completion; a total of approximately not more than 4-or 5-days' time during the entire construction cycle. For any lot not to be constructed upon for at least 6 months of completion of the grading operation, the Developer/Builder will stabilize the surface of that lot by applying an organic polymer binder which shall include a winter rye grass mix. The grass mix is intended to germinate without the application of irrigation water, and it should establish a shallow root system which will die off in warm weather leaving the root system in place and therefore greatly reducing dust emission. Additionally, all subcontractors will be contractually restricted from driving onto these lots until the Developer/Builder pulls construction permits and proceeds with the house construction. The Developer/Builder may designate a vacant lot within the development for the purpose of providing a location for an onsite construction office and/or temporary sales office. Also, vacant lot(s) may be designated from time to time for materials and equipment storage or as a staging area. These lots shall be stabilized for these purposes to the extent of the parking and/or storage areas by using crushed gravel or temporary paving materials. Compliance and Monitoring This Construction Management Plan shall be attached to all subcontractor construction agreements issued by the Developer/Builder and the conditions shall be strictly enforced as contractual obligations. The Developer/Builder's on-site construction manager shall monitor the compliance daily, and non-compliant events shall be logged and forwarded to senior development management to formally notify subcontractor owners and/or field supervisors of their violation. Contact Information The Developer/Builder shall provide a phone number and email address for specific contact with the appointed project manager who will be responsible for resolving any issues regarding non-compliance with this CMP. The contact information shall be provided to the Pinnacle HOA management representative for distribution to the homeowners. A sign shall be posted at the access easement at Elk Run Way advising that any concerns regarding construction impact issues may be addressed to the project manager along with the providing the phone number and email address for direct contact. The same contact information will be provided to designated City staff. The Developer/Builder will also provide immediate email notification to the designated City representative(s) regarding any complaints received from adjacent homeowners including the steps being taken to resolve the issue. Attachments CJ CJ )> -f -f J> ~ :c ~ ,, z -i H .. .. ._ ... • COUPM. SAtt' IOl'\.il. ~P'Qll.lr'lll)WAll[A • ""'. lf<Jl()Af ""°"' • ~COOWS1414"f?1 • l'f• ll'(1lf11.* ""'*"" ll'D. ~"' ... , ' liQY'lfl -z..,--... Jc.ML , •• .,. . -~ ~ ~.._ OPEN · "· ~SPACE---..... \ /~~.""0 (O/S) ~ TRAIL LOCATIONS .. .. n: NOTE. \ .. : ,~, I ·: ...... • . " .. .. •• . .. .. -.. Plr•llCI --.... ... -· ..... .. .. ....... -· .... flJ.f ... M.llll'.-C.. .... , .... .... ,,, -·-""'M IU» ... , Jt••• . .. , ,., ... ., ,,_,,,, .... , .... , ~,· -~· , ... ·-..... ...... .,. .. '•I<- N<""' ·----·---·· . "''""' -------·-.... , ~· ·-----·-.... I L / .... - g,n:w c .. ~ fe'J"S'!M lllM. LOTS 10-16 & ,;:;~ RES1TRICT£:0. NO HORS£$ ALLOWE:O VFSTIHC IClllllTl>f: . ~r Hf'· ~•J1 ~ .... , .. llMl:f\,,,,,ol!ICI ..,,.,..."~ .,... ,. .,., "...,.....," r.-rtrC# ~ .... , • •••Al.-t"""""'m ..... ,,,._..~ ~ w~ ::'.:; =-:..t: .. '::: :n~i::: :::::c:--..s, • ..... llt7V#llC'°""9'~01'WC\Vm'. e""''~" CDr1•t'"'''o" a•--._ ....,.._,eA,, ... I ~-.... -~ (telJ ,,, .. .,._. --.......... ·-·- [OU[STRIAN [XHl81T .S MOORPARK TRACT #5437 21 SINGLE FAMILY HOMES TRUCKING ACCESS SCHEDULE Starts> 21 2 1 TASK GRADING MOBILI ZE EQUIPMENT DEMOB ILI ZE EQUIPMENT UTILITIES MOBILI ZE EQUIPMENT PIPE DELIVERY DEMOBILIZE EQUIPMENT STREETS MOBILI ZE EQUIPMENT BASE AND AC MATERIAL DEMOBILIZE EQUIPMENT LUMBER DELIVERY TRUSS DELIVERY ROOF TILE DELIVERY DRYWALL DELIVERY TOTAL TRIPS TASK GRADING MOBILIZE EQUIPMENT DEMOBILIZE EQUIPMENT UTILITIES MOBILIZE EQUIPMENT PIPE DELIVERY DEMOBILIZE EQUIPMENT STREETS MOBILIZE EQUIPMENT BASE AND AC MATERIAL DEMOBILIZE EQUIPMENT LUMBER DELIVERY TRUSS DELIVERY RdOF TILE DELIVERY DRYWALL DELIVERY TOTAL TRIPS 358 GRADING April 2019 MONTH 1 GRADING May 2019 MONTH 2 GRADING June 2019 MONTH 3 UTILITIES July 2019 MONTH4 UTILITIES August 2019 MONTHS UTILITIES September 2019 MONTH8 WK1 WK2 WK3 WK4 WKS WK6 WK7 WKS WK9 WK10 WK11 WK12 WK13 WK14 WK1S WK16 WK17 WK18 WK19 WK20 WK21 WK22 WK23 WK24 15 STREETS October 2019 MONTH 7 MODEL MODEL HOME November 2019 MONTH 8 PH 1 4 MODEL HOME PHASE 1 (4 HOMES) December 20 19 MONTH 9 15 10 MODEL HOME PHASE 1 (4 HOMES\ January 2020 MONTH 10 MODEL HOME PHASE 1 14 HOMES) February 2020 MONTH 11 MODEL HOME PHASE 1 14 HOMES) March 2020 MONTH 12 10 WK 25 WK 26 WK 27 WK 28 WK 29 WK 30 WK 31 WK 32 WK 33 WK 34 WK 35 WK 36 WK 37 WK 38 WK 39 WK 40 WK 41 WK 42 WK 43 WK 44 WK 45 WK 46 WK 47 WK 48 3 3 3 3 162 Page 1 of 3 pages. This schedule is confident ial. The intended rec ipient hereby agrees that any redistribution to 3rd parties without the express written permission from R G Developme nt is strictly prohibited. MOORPARK TRACT #5437 21 SINGLE FAMILY HOMES TRUCKIN G A CCESS SCHE DULE TASK GRADING MOBILIZE EQUIPMENT DEMOBILIZE EQUIPMENT UTILITIES MOBILIZE EQU IPMENT PIPE DELIVERY DEMOBILIZE EQUIPMENT STREETS MOBILIZE EQUIPMENT BASE AND AC MATERIAL DEMOBILIZE EQUIPMENT LUMBER DELIVERY TRUSS DELIVERY ROOF TILE DELIVERY DRYWALL DELIVERY TOTAL TR IPS TA SK GRADING MOBILI ZE EQU IPMENT DEMOBILIZE EQU IPMENT UTILITIES MOB ILI ZE EQU IPMENT PIPE DELIVERY DEMOB ILI ZE EQUIPMENT STREETS MOBILIZE EQU IPMENT BASE AND AC MATERIAL DEMOBILIZE EQU IPMENT LUMBER DELIVERY TR\JSS DELIVERY ROOF TILE DELI VERY DRYWALL DELIVERY TOTAL TR IPS Starts> Starts> .. MODEL HOME PHASE 1 (4 HOMES) 1 MODEL MODEL HOME PHASE 1 (4 HOMES) PHASE 1 (4 HOMES) PH2 6 - PHASE 1 (4 HOMES) PHASE 2 (6 HOMES) PH 1 PHASE 2 (6 HOMES) PHASE 2 (6 HOMES) April 2020 May 2020 June 2020 July 2020 August 2020 September 2020 MONTH 13 MONTH 14 MONTH 15 MONTH 16 MONTH 17 MONTH 18 WK49 WK50 WK51 WK52 WK53 WK54 WK55 WK56 WK57 WK58 WK59 WK60 WK61 WK62 WK63 WK64 WK65 WK68 WK67 WK68 WK69 WK70 WK71 WK72 PHASE 2 (6 HOMES\ October 2020 MONTH 19 PH3 PHASE 2 (6 HOMES) PHASE 3 (5 HOMES) November 2020 MONTH 20 PHASE 2 (6 HOMES) PHASE 3 (5 HOMES) December 2020 MONTH 21 PHASE 2 (6 HOMES\ PHASE 3 (5 HOMES) January 2021 MONTH22 - PHASE 2 (6 HOMES) PHASE 3 (5 HOMES) February 2021 MONTH 23 PH2 PH4 PHASE 3 (5 HOMES\ PHASE 4 (5 HOMES) March 202 1 MO NTH 24 WK 73 WK 74 WK 75 WK 78 WK 77 WK 78 WK 79 WK 80 WK 81 WK 82 WK 83 WK 84 WK 85 WK 86 WK 87 WK 88 WK 89 WK 90 WK 91 WK 92 WK 93 WK 94 WK 95 WK 96 Page 2 of 3 pages. This schedule is confidential. The intended recipient hereby agrees that any redistribution to 3rd parties without the express wr1tten permission from R G Development is strictly prohibited . MOORPARK TRACT #5437 21 SINGLE FAMILY HOMES TRUCKING ACCESS SCHEDULE TASK GRADING MOBILIZE EQUIPMENT DEMOBILIZE EQUIPMENT UTILITIES MOBILIZE EQUIPMENT PIPE DELIVERY DEMOBILIZE EQUIPMENT STREETS MOBILIZE EQUIPMENT BASE AND AC MATERIAL DEMOBILIZE EQUIPMENT LUMBER DELIVERY TRUSS DELIVERY ROOF TILE DELIVERY DRYWALL DELIVERY TOTAL TRIPS TASK GRADING MOBILIZE EQUIPMENT DEMOBILIZE EQUIPMENT UTILITIES MOBILIZE EQUIPMENT PIPE DELIVERY DEMOBILIZE EQUIPMENT STREETS MOBILIZE EQUIPMENT BASE AND AC MATERIAL DEMOBILIZE EQUIPMENT LUMBER DELIVERY TRUSS DELIVERY ROOF TILE DELIVERY DRYWALL DELIVERY TOTAL TR IPS Starts> PHASE 3 (5 HOMES) PHASE 4 15 HOMES) April 2021 MONTH 2S PHASE 3 (5 HOMES) PHASE 4 (5 HOMES) May 2021 MONTH 26 - PHASE 3 (5 HOMES) PHASE 4 (5 HOMES) June 2021 MONTH27 PH3 PHASE 4 (5 HOMES) July 2021 MONTH 28 PHASE 4 (5 HOMESl August 2021 MONTH 29 PHASE 4 (5 HOMES\ Septanber 20 $.1 MONTH 30 WK 97 W K 98 WK 99 WK 100 WK 101WK102WK103WK1 WK 10S WK 106 WK 107 WK 108 WK 109WK110WK111 WK 112 WK 113WK114 WK 11S WK 116WK117WK118WK119WK120 - PHASE 4 (5 HOMES) June 2021 MONTH 31 PH4 WK 101 WK 10 2 WK 103 WK 104 Page 3 of 3 pages . This schedule is confidential. The intended recipient hereby agrees that any redistribution to 3rd parties without the express written permission from R G Development is strictly prohibited . Leav ens Ranches LLC December 21, 2018 John W. Newton & Associates, Inc. Professional Consultants 159 Moonsong Court P.O. Box 471 Moorpark, CA 93021 A Family Farming Company RE: Proposed Temporary Construction License Agreement APNs 502-0-070 -03 & 12 Dear John, In response to your letter from Dec. 14, 2018, regarding a proposed temporary construction license agreement, the J.G. Leavens Trustees have met today and give tentative approval to your clients, Canyon Crest Partners, LLC (Dr. DeeWayne Jones and The Birdsall Group, LLC) request for access to our property. We look forward to following up with you regarding the access plan. Sincerely, C. David Schwabauer Vice President/Moorpark Operations cc: Andrew P. Gilmour J. Link Leavens Paul David Carlson P.O. Box 4278 • Saticoy, CA 93007 • Phone: 80 5 -656-1568 12484 W. Telegraph Road • Santa Paula , CA 93060 • Fax: 80 5 -5 2 5-644 0 VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT RULE 55 -FUGITIVE DUST (Adopted 6110108) A Applicability The provisions of this rule shall apply to any operation, disturbed surface area, or man-made condition capable of generating fugitive dust, including bulk material handling, earth-moving, construction, demolition, storage piles, unpaved roads, track-out, or off-field agricultural operations. B. General Requirements -All Fugitive Dust Sources 1. Visible Dust Beyond the Property Line: No person shall cause or allow the emissions of fugitive dust from any applicable source such that the dust remains visible beyond the midpoint (width) of a public street or road adjacent to the property line of the emission source or beyond 50 foet from the property line if there is not an adjacent public street or road. 2. Opacity: No person shall cause or allow the emissions of fugitive dust from any applicable source such that the dust causes 20 percent opacity or greater during each observation and the total duration of such observations (not necessarily consecutive) is a cmnulative 3 minutes or more in any one (1) hour. Only opacity readings from a single source shall be included in the cmnulative total used to determine compliance. 3. Track-Out a. No person shall allow track-out to extend 25 feet or more in length unless at least one of the following three control measures is utiliz.ed: i Track-Out Area Improvement: Pave or apply chemical stabilization at sufficient concentration and frequency to maintain a stabiliz.ed stnface starting from the point of intersection with public paved surface, and extend for a centerline distance of at least 100 feet with an acceptable width to accommodate traffic ingress and egress from the site. 11 Track-Out Prevention: Check and clean the lllldercarriage and wheels on all vehicles before leaving unpaved surface or install a properly functioning and well-maintained track-out control device(s) that prevents track-out of soil onto paved public roads. m. Track-Out Removal: Remove track-out from pavement as soon as possible but no later than one hour after it has been deposited on the paved road. If a street sweeper is used to remove any track-out, only RULE55: 1 PMl 0-efficient street sweepers certified to meet South Coast AQMD Rule 1186 requirements shall be used. The make and model infonnation and certification docmnentation of any sweeper used shall be made available upon request. b. Notwithstanding the preceding, all track-out shall be removed at the conclusion of each workday or evening shift subject to the same condition regarding PM- 10 efficient street sweepers as outlined in Subsection B.3 .aiii The use of blowers for removal of track-out is expressly prohibited under any circumstances. C. Specific Activity Requirements 1. Earth-Moving: No person shall engage in earth-moving activities in a manner that creates visible dust emissions over 100 feet in length. 2. Bulk Material Handling Facilities Track-Out Prevention: No person shall conduct an active operation with a mon1hly import or export of 2150 cubic yards or more of bulk material witlnut utilizing at least one of the following measures at each vehicle egress from the site to a public paved road: a. Install a pad consisting of washed gravel (minimmn size: one inch) mainrained in a clean condition to a depth of at least six inches and extending at least 30 feet wide and at least 50 feet long. b. Pave the surface at least 100 feet long and at least 20 feet wide. c. Utiliz.e a wheel shaker/wheel spreading device, also known as a rumble grate, consisting of raised dividers (rails, pipe, or grates) at least 24 feet long and sufficient width to allow all wheels of vehicle traffic to travel over grate to remove bulk material from tires and vehicle nndercarriages before vehicles exit the site. d. Install and utilize a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the site. e. Any other control measure or device that prevents track-out onto public paved roads. 3. Trock Hauling: No person (including facility or site operator) shall load or allow the loading of bulk materials or soil onto outbound trucks unless at least one of the following dust prevention techniques is utilized: RULE 55:2 a. Use properly secured tarps or cargo covering that covers the entire surface area of the load or use a container-type enclosure. b. Maintain a minimum of 6 inches of freeboard below the rim of the truck bed where the load touches the sides of the cargo area and insure that the peak of the load does not extend above any part of the upper edge of the cargo area. c. Water or otherwise treat the bulk material to minimize loss of material to wind or spillage. d. Other effective dust prevention control measures. D. Exemptions 1. This rule shall not apply to: a. On-field agricultural operations. b. Oft: field agricultural operations necessary to minimize adverse effects on agricultural or horticultural commodities caused during officially declared disasters or states of emergency. c. Active operations conducted during emergency life-threatening situations, or in conjooction with any officially declared disaster or state of emergency. d. Active operations conducted by essential service utilities to provide electricity, natural gas, telecommunication, water or sewer during periods of service outages or emergency disruptions. e. Weed abatement operations provided that: i Mowing, cutting or other similar process is used which maintains weed stubble at least three inches above the soil, or 11 Any disking or similar operation where effective dust emission prevention control measures are used. £ Abrasive blasting operations meeting the requirements of Rule 74.1. g. Unpaved service roads having traffic volume of20 vehicle trips or fewer per day used by one or more public agencies for inspection of infrastructure and not used for construction or maintenance-related activity. RULE55:3 h. Motion picture, television, or video production activities when dust emissions are required for visual effects. In order to obtain this exemption, the APCO must receive notification in writing at least 72 hours in advance of any such activity and no nuisance results from such activity. L Temporary earth coverings of public paved roadways where such coverings are approved by a local government agency for protection of the roadway, and where such roadway is closed to through traffic and visible roadway dust is removed within one day following cessation of activities. J. Any paved road unless it has track-out or any publicly-owned unpaved road. k. Demolition operations using blasting explosives, which have been pennitted by the California Division of Industrial Safety. 1 The disturbance (i.e., disking, ripping, or scraping) of spreading ground lands in preparation for percolative groundwater recharge. Spreading ground lands are ponds, a system of ponds, or basins into which surface water is introduced for the purpose of allowing or enhancing the infiltration of water into underlying aquifers. 2. Frequently Traveled Private Unpaved Road Conditional Exemption: The requirements in Subsections B.1 (Visible Dust Beyond the Property Line) and B.2 (Opacity) shall not apply to :fugitive dust from frequently traveled (more than 20 vehicles per day passing in either direction) unpaved private roads if the operator has covered them with a low silt content material such as recycled road base or gravel to a minimum of four inches; or has implemented all of the following control measures: a. Control Speed: Control speed to 15 miles per hour or less on unpaved roads through worker notification, signage, and any other necessary means. b. Restrict Access: Restrict access to private unpaved roads currently used by the public either through signage or physical access restrictions. c. Road Treatments: Treat unpaved and uncovered frequently traveled roads with water, mulch, or a non-toxic chemical dust suppressant that complies with all applicable air and water quality government standards. If treated, roads shall be treated in a manner that will avoid the sticking of mud to tires 1hat will be carried onto paved public roads. 3. Lightly Traveled Unpaved Private Road Conditional Exemption: The requirements in Subsections B.1 (Visible Dust Beyond the Property Line) and B.2 (Opacity) shall not apply to :fugitive dust from lightly traveled unpaved private roads if the operator has implemented both of the following control measures: RULE55:4 a. Control Speed: Control speed to 15 miles per hour or less on unpaved roads through worker notification, signage, and any other neces.wy means. b. Restrict Access: Restrict access to private unpaved roads currently used by the public either through signage or physical access restrictions. 4. Storage Pile Conditional Exemption: The requirements in Subsectiom B.1 (Visible Dust Beyond the Property Line) and B.2 (Opacity) shall not apply to fugitive dust from storage piles if the operator has implemented at least one of the following control measures: a. Wind Sheltering: Enclose material in a three or four sided barrier equal to the height of the material. b. Watering: Apply water at a sufficient quantity and frequency to prevent wind driven dust. c. Chemical Stabilization: Apply a non-toxic dust suppressant that complies with all applicable air and water quality government standards at a sufficient quantity and frequency to prevent wind driven dust d. Covering: Install and anchor tarps, plastic, or other material to prevent wind driven dust. 5. High Wind Exemption: The requirements in Subsectiom B.1 (Vistble Dust Beyond the Property Line). B.2 (Opacity), and C.1 ( Earth-Moving) shall not apply to fugitive dust when on-site wind speed exceeds 25 miles per hour (mph) for at least 5 minutes in any one hour period as measured by an anemometer with a minimum resolution of 1.0 mph provided: a. Applicable control measures outlined in Table 1 have been implemented, and b. Daily records of specific dust control measures have been maintained. 6. Track-out Exemption: The provisions of Subsection B.3 (Track-Out) shall not apply to on-road vehicles (trucks and passenger vehicles) associated with agricultural operations that have caused track-out due to excessively muddy conditions resulting from rainfull. E. Recordkeeping Requirements I . Bulk Material Handling Records: Any operator handling bulk materials and having an APCD Permit to Operate shall keep a monthly log, available upon request, containing or referencing the following infonnation: a. Operator name, location of operation, and dates of operation. RULE55:5 b. Ammmt (in yards) of bulk material imported or exported per month c. Diagram or map of all egress sites to a public paved road and description of corresponding track-out control measure, if required by this rule. 2. Frequently Traveled Unpaved Road Exemption Records: Any operator or owner of an private tm.paved road claiming exemption from the requirements in Subsection B.1 (Visible Dust Beyond the Property Line) and Subsection B.2 (Opacity) shall keep the following records: a. Operator name, location of operation, dates when road is open to travel b. List and diagram of unpaved private roads that have more than 20 vehicle trips per day with corresponding method and description of fugitive dust control. If an tm.paved private road is being treated, then describe the method used to control speed and restrict access. 3. Storage Pile Exemption Records : Any owner or operator of a storage pile claiming the exemption from the requirements in Subsection B.1 (Visible Dust Beyond the Property Line) and Subsection B.2 (Opacity) shall keep the following records: a. Operator name, location of operation, dates of operation b. Description of control~ used to minimize fugitive dust including amotm.t of material applied and frequency of application if watering or chemical suppressants are used. 4. High Wind Exemption Records: Any operator claiming the high wind exemption in Subsection D.5 shall keep daily records of specific dust control actions taken. 5. Track-Out Area Exemption Records: Any operator claiming an exemption from track-out area requirements in Subsection B.3.a shall keep the following records: a. Operator name, location of operation, and dates of operations. b. Description of control measure used in the improvement of the track-out area or control measure used to prevent track-out. 6. Dust Suppressant Records: Any person using dust suppressants shall keep the following records: Description of dust control measure; Location and extent of coverage; Date, amotm.t, and :frequency of application of dust suppressant; and Manufacturer's dust suppressant product information sheets. RULE55:6 7. Any recordkeeping required by this rule shall be made available to APCD compliance personnel upon request Records shall be retained for a minimum of two years. F. Test Methods Compliance with the opacity limit in Subsection B.2 shall be determined using EPA Method 9 with the following modifications: 1. Position: Stand at least 16.5 feet from the plume(s) with the sun oriented in the 140° sector to your back. If feasible, make opacity observations so your line of sight is approximately perpendicular to the direction of plume travel. To the extent possible, position yourself to make opacity observations using a contrasting background. 2. Field Records: Note the following on a record sheet: a. Description and location of activity generating emissions, and method of control used, if any. b. Observer's name, certification data, and affiliation, and a sketch of the observer's position relative to the dust generating activity and the sun, including estimated distances and direction to the plume. c. Time that reading began, approximate wind speed and direction, description of the sky condition (presence and color of clouds), color of the plume, and type of background 3. Observations: For each reading, make the observation at the highest opacity in the dust plume starting at an elevation line 5 feet above the emission source. Do not look continuously at the source, but make momentary observations once every 15 seconds. Record each observation to the nearest 5 percent. Each reading represents a 15 second period. If multiple plumes exist, do not include more than one plume in the line of sight at one time. 4. Compliance Determination: If the observer records twelve (12) readings of20 percent or greater during a one-hour period, the source is not in compliance and observations may stop. The 20 percent or greater opacity readings are not required to be consecutive. 5. Only observers certified by the California Air Resources Board, or the U.S. Environmental Protection Agency may determine compliance with opacity limits. RULE55:7 G. Violations Failure to comply with any provision of this rule is a violation of this rule. H Definitions 1. "Active Operation": Any source capable of generating fugitive dust, including, but not limited to, bulk material handling, earth-moving activities, construction or demolition activities, or vehicular movement on unpaved swfaces. 2. "Bulk Material": Sand, gravel, aggregate material less than two inches in length or diameter, and other organic or inorganic particulate matter. 3. "Cons1ruction/Demolition Activities": Any on-site mechanical activities conducted in preparation of, or related to, the building, alteration, rehabilitation, demolition, or improvement of property, including, but not limited to, grading, excavating, loading, crushing, cutting, planing, or ground breaking. 4. "Disturbed Surface Area": This means a portion of the earth's swface which has been physically moved, uncovered, destabiliz.ed, or otherwise modified from its undisturbed natural soil condition, thereby increasing the potential for emission of fugitive dust. This definition excludes those areas which have: a. Been restored to a natural state, such that the vegetative ground cover and soil characteristics are similar to adjacent or nearby natural conditions; b. Been paved or otherwise covered by a permanent structure. 5. "Earth-Moving Activities": This means the use of any equipment for any activity where soil is being moved or uncovered, and shall include, but not be limited to the following: grading, earth cutting and filling operations, loadillg and unloading of dirt, adding to or removing from open storage piles, landfill operations, mining operations, and weed abatement operations. 6. ''Frequently-Traveled Unpaved Private Road": For the pmpose of defining the conditional exemption in Subsection D.2 , any private unpaved road where the count of vehicles traveling in either direction on the road exceeds 20 in any 24 hour period . 7. "Fugitive Dust'': Any solid particulate matter that becomes airborne, other than emitted from an exhaust stack, directly or indirectly as a result of the activities of any person( s ). 8. "Lightly-Traveled Unpaved Private Road": For the pmpose of defining the conditional exemption in Subsection D.3, any private unpaved road where the count of vehicles traveling in either direction on the road is 20 or less in any 24 hour period. RULE55:8 9. ''Off-field Agricultural Operations": Any activities excluding those considered by this rule to be on-field agricultural operations. 10. "On-field Agr£ultural Operations": Activities, excluding travel on field access roads, conducted solely for the purpose of preparing land for the growing of agricultural or horticultural commodities, tree fruits, or raising of fowl or animals, such as: a. Brush or timber clearing, grubbing, scraping, ground excavation, land leveling, grading, turning under stalks, disking or tilling. b. Thying, pre-cleaning, handling, or storing of agricultural commodity material on the field where it was harvested c. Handling of fowl, or animal feed materials at sites where animals or fowl are raised. d. Disturbing of cultivated land as a result of fallowing, seeding, planting, plowing, disking, fertilizing the soil, cultivating, irrigating, controlling weeds, thinning, heating, pnming, finnigating, spraying, dusting, or harvesting. 11. "Paved Road": A public or private improved street, highway, alley, public way, or easement that is covered by typical roadway materials including, but not limited to, asphalt paving or concrete. For this purpose of this rule, roads covered with recycled road base or gravel are not considered to be paved. 12. "PM-10 Efficient Street Sweeper": Any street sweeper certified by the South Coast AQMD to meet their Particulate Matter (10 microns and less) capture efficiency criteria outlined in SCAQMD Rule 1186 Appendix A. 13. "Source": A source includes all activities and operations that are located on contiguous property under common ownership or control, and includes associated facility-access and haul roads. 14. "Stabilized Surface": Any surface that has been treated, worked, or modified to increase soil stability in order to limit fugitive dust emissions. Methods used to stabilize surface include but are not limited to the following: watering, dust palliatives, vegetation, aggregates, and paving. 15. "Storage Pile": Any accumulation of bulk material or soil, which attains a height of 1hree feet or more and a total surface area of 150 or more square feet. 16. "Track-Out": Any material that adheres to and agglomerates on the exterior surface or tires of motor vehicles, haul trucks, or mobile equipment that have been released onto a RULE 55:9 named, nwnbered, or lettered public paved road and can be removed by a PM-10 efficient street sweeper under normal operating conditions. I. Compliance Schedule: The requirements of this rule shall become effective on October 8, 2008. J. Compliance Status Compliance with this rule shall not guarantee that a person will be in compliance with any other district rule or state regulation, including but not limited to, Rule 50 (Opacity), Rule 51 (Nuisance), Health and Safety Code Section 41700 (Nuisance), or Health and Safety Code Section 41701 (Opacity). Table 1 Control Measures Needed to Qualify for High Wind Exemption in Subsection D.5 FUGITIVE DUST CONTROL MEASURES SOURCE CATEGORGY Earth-Moving 1. Cease all active operations; OR 2. Apply water to soil not more than 15 minutes prior to earth-moving activities. Disturbed Surface 1. On the last day of active operations prior to any Sunday, 1-day holiday, or Area any other period when active operations will not occur for at least fom consecutive days, apply water with a mixture of chemical stabilizer diluted to not less than 5 percent by volwne of the chemical stabilizer or to chemical stabilizer manufacturer specifications; 0 R 2. Apply chemical stabilizers at least 30 minutes prior to the wind event; OR 3. Apply water to all unstabilized disturbed areas at least every 4 homs during the wind event. If trere is any evidence of wind-driven dust, water frequency is increased until wind-driven dust is minimized; OR 4. Establish a vegetative ground cover within 21 days after active operations have ceased. Ground cover must be of sufficient density to expose less than 30 percent of unstabilized ground within 90 days of planting, and at all times thereafter. Unpaved Roads 1. Apply chemical stabilizers prior to allowing traffic; 0 R 2. Apply water at least twice per hour during active operations;OR 3. Stop all vehicular traffic. Open Storage Piles 1. Apply water at least twice per hour during the wind event; OR 2. Install temporary coverings. RULE55: 10