misty ridge architectural standards

Approved by the Board of Directors on March 12, 2008

Adopted by the Board of Directors on June 11, 2008


Adopted by the Board of Directors on May 6, 2019

MISTY RIDGE

ARCHITECTURAL STANDARDS

December 17, 2003

Misty Ridge Architectural Standards

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MISTY RIDGE

ARCHITECTURAL STANDARDS

TABLE OF CONTENTS

Subject

Page No.

I. INTRODUCTION 1

A. Architectural Committee 1 B. Architectural Standards 1

C. Approvals (Does not exist) 2

II. REVIEW PROCEDURE 2

A. Process

New Residences and Additions/Remodels 2

1. Preliminary Review 2

2. Final Plan Review 2

Landscape Plan Review

1. Landscape Plan Review 2

2. Final Plan Review 2

B. Submission 3

C. Approvals and Denials 3-4

D. Enforcement and Inspection 4-5

E. Variances 5

III. MISTY RIDGE DEVELOPMENT CONCEPT 5

A. Architectural Style 5

B. Structural Relationship Between Building and Site 6 C. Building Massing and Site 6 D. Building and Views 6 E. Building and Climate 6

F. Building Transition to Site 7


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IV. ARCHITECTURAL DEVELOPMENT 7

A. Development Standards 7

1. Setbacks 7-8 2. Dwelling Size and Lot Coverage Building Height 8 3. Building Height 8 4. Parking 8 5. Driveways 6. Fencing and Walls 8 7. Landscaping 8 8. Grading 8 9. Streetscape 8

10. View Presentation 8-9 B. Building Material and Color Standards 9 1. Building Materials 9

2. Color Standards 9-10

C. Architectural Components 10

1. Address 10

2. Antennae 10

3. Awnings 10

4. Chimneys 10-11

5. Driveways 11

6. Flashing, Sheet Metal and Vents 11

7. Garages 11

8. Gutter and Downspouts 11

9. Meters and Service 11

10. Recreational Vehicle Parking 11-12

11. Roofs 12

12. Roof Decks 12

13. Skylights 12

14. Solar Equipment 12

15. Wall Openings 12

D. Site Structures 12

1. Flags Poles and Flags 12-13

2. Mail Boxes 13


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3. Mechanical Equipment and Storage Structures 13

4. Patio Structures 13

5. Sundecks, Patios and Pool Decks 13

Table of Contents - Continued:

6. Swimming Pools 13

7. Tennis and Game Courts 13-14

8. Trash 14

9. Utilities Meters 14

10. Walls and Fences 14

E. Landscape Standards 14-15

F. Fence Standards 15-16

G. Construction Hours 16

H. Site Conduct and Maintenance 16-17

EXHIBITS

1. Architectural Review Submittal Requirements

and Checklist 18-21

2. Architectural Review Application 22

3. Lot Development Guidelines 23

4. View Corridor Consideration Policy 24

5. Sample Mailboxes 25

6. Plant Palette 26-32

7. Availability Matrix 33


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MISTY RIDGE

ARCHITECTURAL STANDARDS 1. INTRODUCTION Misty Ridge is a custom home development consisting of 79 single-family lots within Tract 10579. The project area is located on a hillside ridge above San Clemente, east of the 1-5. Many of the homes enjoy either panoramic ocean views or vistas of San Clemente's "backcountry". Many of the lots within Misty Ridge have been developed and there are a few remaining vacant parcels. The Misty Ridge Homeowners Association believes that the best method of ensuring that quality products continue to be built on each and every lot is through the establishment of architectural standards. Architectural Review establishes a control mechanism which gives applicants the assurance that everyone must perform to the same high standards established by the Misty Ridge Homeowners' Association. This ultimately ensures the quality of the project and the Misty Ridge residential development as a whole. A. ARCHITECTURAL COMMITTEE In accordance with the Declaration of Covenants, Conditions and Restrictions (CC&Rs) an Architectural Committee is appointed to adopt and enforce Architectural and Landscape Standards including the Architectural provision of the CC&Rs. B. ARCHITECTURAL STANDARDS The following standards and guidelines are intended to guide the development of the remaining vacant parcels and improvements to existing residences in Misty Ridge. These Standards are adopted to establish a consistency of materials, colors and forms to ensure the high standards of appearance, the compatibility of all land and building developments and to protect and enhance the individual and overall value of the community while allowing for flexibility of expression. These Standards also form the basis and criteria for the evaluation of plans and specifications submitted to the Architectural Committee for review and approval. These standards are subject to amendment and any conditions or materials not defined within shall be a matter of judgment by the Architectural Committee unless described in the CC&Rs. In the event of conflict with the CC&Rs the CC&Rs will prevail.


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II. REVIEW PROCEDURE A. PROCESS (*Refer to Exhibit 7 - Application Matrix) New Residences and Additions/Alterations Prior to obtaining a building permit from the City of San Clemente, a lot owner is required to submit plans to the Association's management company and obtain approval from the Misty Ridge Architectural Review Committee. The focus of the architectural review is to ensure compliance with the Association's minimum standards; the siting of the home on the lot; the selection of colors and materials; and the exterior building elevations. Landscaping and fencing must be approved at the same time building plans are considered. A two-step submittal and approval process for new residences, additions and remodels is required to ensure consistency and compliance as follows:

1. Preliminary Review

This step involves review and approval of the proposed design.

2. Final Plan Review This step ensures that the construction documents are executed in accordance with the previously approved preliminary plan submission. The applicant shall provide a complete set of construction documents for review by the committee.

Landscape Plan Review

Landscape Plan Review is a two-step process as follows;

1. Landscape Plan Review

This step includes the submittal of a landscape plan; it includes pools, fences, walls, trellises, arbors, trees, ground covers, shrubs, exterior walks, patios, slope stabilization, grading, irrigation systems, dimensions, material, and sizes. 2. Final Plan Review This step ensures that the construction documents are executed in accordance with


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the previously approved preliminary plan submission. The applicant shall provide a complete set of construction documents for review by the committee. B. SUBMISSION All proposals for new buildings and improvements and alterations to existing improvements shall be submitted to the Architectural Committee for review and approval in accordance with the MISTY RIDGE ARCHITECTURAL REVIEW SUBMITTAL REQUIREMENTS AND CHECKLIST, (Exhibit 1 & 7). All architectural drawings shall be prepared and signed by an architect licensed in the State of California, except alterations (not including additions), and patio covers, which may be prepared by a landscape architect or structural engineer licensed in the State of California.

Unless otherwise designated, submissions are to be made to:

Misty Ridge Association

C/O Webb Community Management, Inc. 1221 Puerta Del Sol #100 San Clemente, CA 92673

(949) 498-1129

Applications and submittals which are incomplete or lack the required minimum submittal requirements, as outlined in the MISTY RIDGE ARCHITECTURAL REVIEW SUBMITTAL REQUIREMENTS AND CHECKLIST, (Exhibit 1 & 7) can be rejected at the discretion of the Architectural Committee. C. APPROVALS AND DENIALS Decisions rendered by the Misty Ridge Architectural Committee are final unless appealed by or to the Board of Directors in accordance with Article V, Section 5 of the CC&Rs, which states the following: The Architectural Committee shall have 30 days to render a decision on an application.

"In the event plans and specifications submitted to the Architectural Committee are disapproved thereby, the party or parties making such submission may appeal in writing to the Board. The written request shall be received by the


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Board not more than thirty (30) days following the final decision of the Architectural Committee. The Board shall submit such request to the Architectural Committee for review, whose written recommendations will be submitted to the Board. Within forty-five (45) days following receipt of the request for appeal, the Board shall render its written decision. The failure of the Board to render a decision within said forty-five (45) day period shall be deemed a decision in favor of the appellant"

Approval or disapproval by the Architectural Committee or representative thereof has no bearing on the integrity of the work to be done or the local code requirements. The City of San Clemente Planning and Building Department shall be contacted concerning municipal codes, ordinance and regulations. In the case of overlapping requirements the more stringent shall apply. If a plan has not been submitted to the next plan review stage or construction started within two years of final plan approval, it is then deemed void and disapproved and requires the re-submittal, re-approval and payment of the required fee consistent with current Architectural Guidelines. D. ENFORCEMENT AND INSPECTION Grandfather Clause: When implementing these Architectural Guidelines, the Association, through the Board, shall strive to act in the best interests of the Association as a whole, within the scope of its authority, in conformity with its recorded covenants and other governing documents, following reasonable investigation and in a non-arbitrary manner. However, it is acknowledged that architectural styles, color schemes and aesthetic attitudes change over time, and what may have seemed appropriate at one time may no longer be appropriate at a later time, or what appeared to be acceptable based on a concept presented in plans and drawings may have turned out to be unacceptable in hindsight once it was constructed. Thus, the fact that certain architectural improvements may have been approved by the Association or constructed by the owners in the past will not be deemed to establish a precedent or to be binding on any future Board or Architectural Committee. Furthermore, as provided in the Declaration, the failure by the Association to enforce any provision of the Architectural Guidelines in any certain instance or on any particular occasion shall not be deemed a waiver of such right for any such future breach of the same provision. Variances: The Association may grant variances from the terms found in these guidelines and in other governing documents of the Association only when, due to special


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circumstances applicable to the property in question, including size, shape, topography, location or surroundings, the strict application of the provisions in question deprive such property of privileges enjoyed by other property in the vicinity that are currently subject to identical guidelines or restrictions. Enforcement: Stop Work Orders: The commencement of construction prior to Architectural Committee approval or non-adherence to approved plans, shall be a violation of these guidelines and procedures and the Association is empowered to issue a Stop Work Order to the homeowner. Continuing work beyond the issuance of the Stop Work Order may subject the homeowner to fines and all other legal remedies, to which the Association may be entitled pursuant to the CC&Rs and the laws of the State of California. The delivering or posting of the notice at the job site and copy of the order mailed to the Homeowner will signify the Stop Work Order issued by the Association. Failure to obtain the necessary approval from the Architectural Committee, or failure to complete the improvements in conformity with the plans and specifications approved by the Architectural Committee, may constitute a violation and may require modifications or removal of any work of improvement at homeowner expense. If necessary, the City of San Clemente will be contacted to assist in enforcement of this policy. E. VARIANCES The Misty Ridge Architectural Committee strongly discourages applications for variances to the Architectural Standards due to our CC&Rs. However, there may be instances where unique circumstances or site conditions require special review. In the event an Owner wishes to seek a variance from the approved Architectural Standards, the Owner shall submit a letter describing the request and unusual circumstance or condition. The letter request shall be accompanied by a check for variance fee of $300.00.

III. MISTY RIDGE DEVELOPMENT CONCEPT

The conventional approach in most subdivisions is to place considerable effort into the design of a home and merely use the allowable setbacks to locate the home on the lot. In contrast, these guidelines establish important livability criteria and offer suggestions to the homeowner for the siting of the building. Application of these principles will result in more efficient land use, a high level of privacy for the residents and a varied and useable open space as well as offer a


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strong sense of identity within the community. By achieving these aspects in a development, the desirability of living in Misty Ridge will not only be maintained but also greatly increased. A. ARCHITECTURAL STYLE The architectural style within Misty Ridge can be described as one having the elements of a Classical European Village including English, Italian, Spanish and French, or contemporary refinements of these styles. Maintaining a complimentary style of architecture ensures a common bond of detailing and scale. High quality natural materials and finishes shall be used to distinguish this development from surrounding developments. B. STRUCTURAL RELATIONSHIP BETWEEN BUILDING AND SITE A key to a well-designed residential environment is careful attention to siting and outdoor living spaces. By giving attention to these aspects, the privacy, livability and relationship to the street can be greatly enhanced to offer benefits to the individual residents and neighborhood as a whole. Each building shall be designed and constructed in a manner that conveys a sense of solidity, stability and permanence. Buildings shall be perceived as supported by walls that are solidly anchored into the ground. C. BUILDING MASSING AND SITE Imaginative plan geometry increases the sense of individuality of the homes within Misty Ridge and provides visual interest from the street. Multi-faceted building shapes and interconnected forms are used to help maintain human scale and intimacy. Varied geometry is used in the most visible areas, with the use of walls to enclose courtyards and extend the form of the house. Building masses emphasize simple forms arranged in strong geometry. Two-story residences should have one-story elements to help break up the mass, as well as walls enclosing a courtyard to the front, rear or side of the house. Both one and two-story residences include variation along the roof ridgeline or ridgelines instead of one ridgeline for the entire structure. It is assumed that the homes will be seen from all angles and that there will be a continuity of colors, materials, and details on all elevations. The most articulated elevations are those which are in public view. Priority is given to those elevations visible from the street, private courtyards and walkways and less private hillsides. D. BUILDINGS AND VIEWS Much of the distinction attributed to Misty Ridge comes from the extraordinary views it


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has of the Pacific Ocean and "backcountry" open space. Each home should be designed and oriented to take advantage of the available view and natural sunlight, while at the same time minimizing the obstruction of view opportunities from neighboring residences. E. BUILDING AND CLIMATE The architectural design of a home shall consider how its construction and orientation relates to existing climatic conditions. Atriums, balconies, decks, loggias and courtyards shall be utilized to transition between interior and exterior living areas so as to take advantage of the Mediterranean climate of southern California. Outdoor terraces, exterior stairs, gazebos, pavilions and auto courts shall be utilized to gracefully extend a residence out in the building site. F. BUILDING TRANSITION TO SITE Homes shall be designed to gracefully transition from building structure to landscape. The transition sequence should follow from the building structure to exterior structural

features to structured landscape to landscape. The transition should be accomplished through the use of balconies, terraces, covered patio areas, exterior stairs, exterior

walls, planters, walls, trellises, accessory buildings and structured landscaped

planting. The architectural design should consider the integration of planting into the building design through the use of planters, vine wires and pergolas. Conversely,

architectural landscape, such as topiaries and manicured hedges, should also be used to soften the transition from building structure to landscape, Garden walls, which

organize the landscape should include openings which connect the exterior areas.

Terrace walls, which architecturalize the slope of terrain, should also be utilized.

IV. ARCHITECTURAL DEVELOPMENT

These standards shall be required: A. DEVELOPMENT STANDARDS 1. Setbacks: Setbacks shall be verified by the City in accordance with the Zoning Ordinance since unique situation may require more restrictive criteria.

• Front: The setback from the front property line shall be a minimum of 20 feet.

• Side: The setback from each side property line shall be 10% of the average lot width. for each lot, with a 6 foot minimum for interior lots. Corner lots shall have


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a minimum of a 10 foot setback from an adjacent street.

• Rear: The setback from the rear property line or top of slope shall be a minimum of 10 feet except that; Up slope lots shall have a rear yard building setback as determined by the height of the rear slope divided by the 2 with a maximum of 15'-0" as shown on Exhibit 3. Development of up slope areas beyond the building pad shall be limited to fencing, patios, decks, pools, gazebos, spas and landscape treatments, and shall be subject to the city zoning ordinance, and building codes. Development of upslope areas shall be subject to view consideration as shown on Exhibit 3 and 4.

Additionally, down slope lots shall have a building envelope that falls within a rectangle and a rear yard setback of 10'-0" minimum from the original line of top of slope as defined within the original grading plans for the development. Development of down slope areas beyond the building pad shall be limited to fencing, patios, decks, pools, gazebos, spas and landscape treatments, and shall be subject to the city zoning ordinance, and building codes. Development of upslope areas shall be subject to view consideration as shown on Exhibit 3 and 4.

• Exceptions: Roof eaves and fireplaces may encroach into the setbacks in

accordance with the City Zoning Ordinance. 2. Dwelling Size and Lot Coverage: The maximum lot coverage shall be 40% of the lot

area. The minimum building lot area shall be 6,000 square feet. The minimum residence size shall be 2,500 sq. ft.

3. Building Height: The maximum height of all buildings shall be 25 feet as measured

from the original grade as documented within the original grading plan of development.

- Exceptions: Chimneys may exceed the height limit in accordance with the City

Zoning Ordinance. 4. Parking: There shall be a minimum of two fully enclosed car parking spaces.

Separate garages may be permitted; however, all garages shall be incorporated in and made a part of the overall architectural concept.

5. Driveways: Driveways shall be finished in concrete, stone or terra cotta pavers or

brick. 66. Fencing and Walls: Fencing and walls shall be of substantial materials

complimentary to the architecture of the house. The primary finish shall be stucco


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with wood and or masonry accents. 7. Landscaping: Landscaping shall be provided on all pad and yard areas; It shall be

fully irrigated with sprinkler systems. The slope landscape shall be provided by the developer and maintained by the homeowner. All landscaping shall be limited in height. Pursuant to the CC&Rs, no trees, bushes, shrubs or plants shall be maintained on any residence which, without clipping or pruning thereof, in the reasonable opinion of the Architectural Committee, unduly impede or detract from the view of any residence (See Article V, Section 3(b).

8. Grading: All grading shall be in compliance with City of San Clemente grading

ordinances and regulations. 8. Streetscape: A maximum of two identical floor plans may be placed adjacent to each other provided they have different massing (i.e. variation in roof forms). 10. View Preservation: Every effort shall be made to preserve view corridors between

existing homes. It is not the intent of this subsection to limit the build-able area of a lot or otherwise restrict the build-able envelope of the lot. The architectural committee is charged with making a determination on a case-by-case basis as to what might constitute a view impediment within view corridors between homes.

B. BUILDING MATERIAL AND COLOR STANDARDS Exterior materials, textures and colors should conform to the materials generally well adapted to the coastal environment. Artificial or simulated materials shall be submitted for review and approval. Materials shall be continuous and consistent throughout the project. Materials shall not change in the same plane. Changes shall be made by offset or with an entirely different design element.

1. Building Materials:

• The number of exterior finishes shall be limited to three (3). • Where different materials meet one' another, they are to meet on inside corners

or in a different plane. • Acceptable exterior building materials include: stone, brick, wood siding and/or

smooth-textured stucco. • Roofs shall be constructed of clay, concrete, and/or slate roofing tiles. In

addition, limited use of copper roofing material, which is allowed to develop a natural patina, may be permitted. Clay and slate roofing materials shall be doubled and packed to accentuate the roof form at the ridgeline and the eaves.

• Permissible materials for terraces, decks include stamped concrete brick


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pavers, tile, textured concrete, exposed aggregate concrete, terrazzo, stone pavers and wood.

• Fascia boards and trim are to be solid wood stained or painted and compatible with siding colors.

2. Color Standards: Because it is a major element in conveying the project image,

the general color scheme is coordinated to blend well into this prominent setting. In traditional European villages, color was often related to the available materials. Iberian hill towns used on-site stone as a building material. Coastal cities applied light-colored finishes to protect construction materials, and to reflect the summer sun. Therefore, there are no abrupt color changes between adjacent homes.

Suggested colors for homes in Misty Ridge include:

• Soft pastels

• Warm earth tone colors, including:

- Beige

- Ecru

- Brown

• Stark or off-white colors typical of many European styles should be carefully

used to avoid glare.

• Pastel colors in green, blue, yellow or red may be used to accent window

frames and other recessed areas, but will not be composed into high visibility

graphics.

• Side yard and courtyard wall color will be compatible to building color.

• Soffits will be the same color as, or compatible with, the building siding

material.

C. ARCHITECTURAL COMPONENTS

1. Addresses: Address numbers are to be a minimum of four (4) inches high and of the approved type. The address location must be clearly visible from the street and may be on the front of the house, or an entry court fence or an approved sign.

2. Antennae: The Developer has provided an underground cable service and it

is suggested that all homes be pre-wired for this service.

Pursuant to the Federal Telecommunications Act of 1996 and State law, the Association cannot restrict owners from having antenna and satellite dishes of less than one meter in diameter. Antenna and satellite dishes greater


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than one meter in diameter shall be restricted to the attic and shall be subject to review and approval by the Architectural Committee. The Architectural Committee shall evaluate their installation on the basis of size and visual impact.

3. Awnings: Awnings must be consistent with the architectural design and

color of the residence. Awnings installed after the construction of the

residential structure must be removable. Awnings may be constructed only

of canvas, wood lattice or a copper or bronze alloy that is allowed to

develop a natural patina. No fiberglass or other metal awning materials shall

be permitted. All installations of awnings must be reviewed and approved by

the Architectural Committee prior to installation.

4. Chimneys: Chimneys should be designed to be compatible with both the

roof and building design. Chimneys should not unreasonably impinge upon

the views of adjacent sites; where possible they should be located toward

the rear of the building. Chimneys should be a refractory material, finished

in stucco, brick, stone or copper and should have City Fire Department-

approved spark arresters that are in scale with the rest of the chimney. All

flashing and miscellaneous metal associated with the chimney will be

painted to match the color of the roof or chimney material. Exposed metal

flues are not acceptable. The design and materials of all chimneys shall be

subject to the review and approval of the Architectural Committee.

5. Driveways: Driveways, walks and flatwork beyond the front setback may be

finished, in concrete, terra cotta pavers, brick, stone or other material

appropriate to the architectural concept

6. Flashing, Sheet Metal and Vents: Roof vents shall be consolidated where

possible and colored to match the dominant roofing material. Exposed sheet

metal to be colored to match the material to which it is attached or from

which it is projected.

7. Garages: The number of garage units shall be as per City requirements.

There shall be a minimum of two fully enclosed car parking spaces.

Separate garages may be permitted; however, all garages shall be

incorporated in and made a part of the overall architectural concept. In order

to minimize the visual impact of garage doors, separating columns,

overhanging eaves and other architectural elements to reduce the scale of

garage door areas should be used. The color should complement adjacent


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wall colors and be consistent with trim colors or finishes. Side windows and

doors should be provided to increase natural lighting for garage areas.

8. Gutters and Downspouts: Gutters must be concealed unless they are an

integral and continuous architectural feature of the residential structure.

Downspouts may either be concealed or exposed. If exposed, gutters and

downspouts shall be the color of the adjacent wall, or if constructed of

copper, shall be unfinished and allowed to develop a natural patina. Gutters

and downspouts should be located at the corners of buildings rather than in

the center of a wall.

All gutters, downspouts, etc. shall connect to a storm water collection

system and be completely conveyed to the street. No gutters will drain over

slopes.

9. Meters and Services: All utility meters and services shall be fully enclosed within the building or adequately screened.

10. Recreational Vehicle Parking: Pursuant to the CC&Rs, no trailer, camper or

boat shall be permitted to remain within the Association, including streets or

driveways, unless placed or maintained within a carport or enclosed area, or

unless obscured from view by adjoining residences or streets by a fence or

an appropriate screen. Such vehicles are not permitted to be parked, other

than temporarily, on any street. Such temporary parking shall mean

basically for loading and unloading purposes only (See Articles IX, Section

5).

11. Roofs: Roofs are a significant architectural component of any building

structure and affect views from adjacent sites. Consideration shall be given in the architectural design of any building structure to the style, shape and articulation of the roof and its various appendages. No mechanical equipment shall be located upon or incorporated within any roof.

The predominant roof forms shall be hip or gable with a minimum pitch of 3:12. Flat roofs and roof deck areas may be permitted providing their combined total area does not exceed 30% of the overall roof area. Flat roof must be color coordinated with the color of the rest of the roof. Historical roof types such as gambrel or mansard are not permitted.

12. Roof Decks: Decks must be centrally located to avoid the direct look-down into neighboring properties. Decks must be not be visible from ground level. Access stairways must be internal and not exposed to view. The deck area


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should represent a minor portion of the overall roof plan. 13. Skylights: Dormers, bay windows, atriums, clerestories, and vertical glazed

windows are preferable to skylights to bring daylight into buildings. However, if skylights are used, they must be designed as an integral part of the roof.

14. Solar Equipment: Every reasonable effort should be made to minimize the

visibility of solar equipment located on the roof or lot of any structure. Prior

to construction, the location, orientation, construction, materials, slope,

finish, color and installation shall be subject to review by the Architectural

Committee. The Committee may request changes to the proposed

installation providing those changes do not significantly increase the cost of

the system or significantly decrease its efficiency or specified performance.

15. Wall Openings: Wall openings, doors and windows shall be proportionately

designed to the wall surfaces in which they occur throughout the building

structure. All windows and doors shall be differentiated from the wall plane

in which they occur by being recessed, projected or adequately trimmed or

distinguished.

D. SITE STRUCTURES

1. Flag Poles and Flags: Flagpole installations are not permitted.

National and/or whimsical flags may be displayed within the front, side or rear yards providing they are attached to the primary residence and they are kept in reasonably good condition.

2. Mailboxes: Custom designed mailboxes related to the architecture of the

house and the community are encouraged. (See Exhibit 5 for prototype mailbox suggestions.) Mailboxes shall be located as per U.S. Postal Service regulation.

3. Mechanical Equipment and Storage Structures: All air conditioning, heating

and pool equipment shall be sited in accordance with the City Zoning Ordinance and shall be screened from view of neighbors and street. Air conditioning units are not permitted on roofs.

4. Patio Structures: Patio structures include, but are not limited to, trellises,

shade structures and gazebos. Patio structures must be consistent with the architectural expression of the residential structure and constructed of the same materials. Patio structures may be no higher than twelve (12) feet.


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5. Sundecks, Patios and Pool Decks: Sundecks are permitted on or over a roof, however, care should be taken to respect the privacy of others. The Architectural Committee will evaluate sundecks on the basis of visual impact from and onto adjacent properties as well as integration into the architectural design.

Decks must be sympathetic to the terrain of the site. All decks above grade are to be designed and constructed with a continuous screen wall that conceals all structural supports, substructure and underpinnings. Surface areas of decks or terraces must not provide glare to adjoining properties.

6. Swimming Pools: Swimming pools must be fully integrated into the terrain

and landscape design for the lot. All pool areas must be fenced or walled in a manner architecturally consistent with the residential structure and in accordance with City regulations. All pumps, heaters, filters and other related mechanical equipment must be screened from view.

7. Tennis and Game Courts: Courts for tennis and other games must be fully

integrated into the terrain and landscape design of the lot. The courts or any

necessary fencing must not overlap any slope or unreasonable obstruct the

views of adjoining properties. Tennis court fences must be covered with

green vinyl with posts painted to match. The location of tennis and other

game courts and the fencing required shall be in accordance with City

standards. Adequate landscaping must be provided to soften the visual

impact of fencing.

8. Trash: Each residence must have a designed, enclosed trash area which is screened from the view of neighbors and the street.

9. Utility Meters: Gas and electric meters shall be designed into the

architecture and screened from view (consult with local utility companies

and ordinances for restrictions).

10. Walls and Fences: Walls and fences shall be constructed and installed

according to City zoning requirements.

Walls and fences shall be of a similar material to the design of the main

structure. Solid walls shall contain an element of relief or visual interest

subject to approval by the Architectural Committee. Masonry walls with

stucco finish and detailing, pre-cast concrete moldings or masonry trip are

encouraged.


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Integration of planting into and onto walls is recommended. Walls along

streets shall be screened and softened with vines, hedges and other

landscaping.

Walls and fences shall be used at common property lines, front yard areas,

screening for trash, mechanical areas and pool areas. All wall and fence

materials shall conform to the material and color palettes established for

Misty Ridge. Unacceptable materials include chain-link, split-rail, poultry

wire, woven wire, sheet metal, reed or straw-like materials, and pre-cast

concrete panels. No barbed wire or deterrent security device may be

attached to the fence.

E. LANDSCAPE STANDARDS The lot owner shall be responsible for planting and maintaining all landscaping on the custom lot. Planting materials shall generally be selected from or be similar to the recommended Planting Palette (see Exhibit 6). These plants have been selected for drought tolerance and local microclimate. All homes must be irrigated by underground water efficient irrigation systems. Prior to the commencement of any planting complete landscape and irrigation plans shall be submitted for review and approval by the City and the Misty Ridge Architectural Committee. Submittals to the Misty Ridge Architectural Committee shall be in accordance with the Landscape Plan submission requirements. All landscape plans must clearly specify the height of trees and hedges at maturity. Please be aware that the City of San Clemente has a 25ft. maximum height limit. Landscape plans must be submitted to the Architectural Committee for approval prior to commencing any landscaping work. Any member may contact the Association to determine if a landscaping plan has been submitted and approved for any lot. The requirement to submit such plans is clearly specified in the conditional approval letters which each lot owner received at the start of his project. It is the policy of the Association to require that front elevation landscaping (visible from the street) be completed within 12 months of occupancy. Rear yard landscaping must be completed within 24 months of occupancy. Landscaping substantially impacts local property values, reflects a responsible sense of community and is appreciated by all neighbors. A landscape plan showing the location and mature heights of major trees, shrubs and


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delineating hardscape features is required of each lot owner prior to initiating these improvements. The future planting of additional significant shrubs or trees which have potential impact on the view from adjacent lots or are in evidence from the street will require normal architectural approval before the fact, as specified in the CC&Rs. This applies to the current lot owner as well as to any future owners of the property. Such approval can readily be obtained by simply submitting a plan indicating the type plant and accurately showing the location of the proposed addition on the site with the mature height noted for the tree or major shrub. Particular emphasis is placed on front elevation planting and on plants which are likely to impact views corridors. Failure to obtain such approval for significant trees or shrubbery will be considered a willful violation of the CC&Rs and will incur appropriate fines against the offending homeowner's account. The Association will assist any adjacent lot homeowner in his efforts to have UNAPPROVED or trees or shrubs removed which interfere with the beneficial use of his property. Astro Turf is a banned material for view areas and any non-view surface areas greater than twenty percent (20%) of a homeowner’s total square footage. Any Astro Turf that conforms to the above requirements must be maintained in like-new condition. F. FENCE STANDARDS Solid fences in the front setback are limited in height to 30 inches high. Solid fences in the rear setback area where view considerations are involved are similarly limited in height but may employ transparent glass or plexiglas panels, iron railings or similar enclosures that do not obstruct the view of adjacent lots. If plexiglas should become clouded as a result of exposure to weather, it is to be replaced.

Fence plans should show both the location and elevation of proposed fencing and should specify the materials and color to be employed. All plans for fencing should be verified with the City as requirements do change. As a matter of policy, members are urged to discuss their fence plans with their immediate neighbors to maximize the possibilities of cooperative fence plans. Fences must be finished on both sides in the manner specified on the approved fence plan. In the case of cooperative common lot-line fences, the side facing the lot still under construction may remain unfinished while work is in progress on that adjacent lot, with the understanding that the adjacent lot owner is responsible for finishing his side. Should the adjacent lot be vacant without an approved set of plans having been submitted, then the fence must be finished on both sides at the time of it's construction.


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Fence plans will not be approved unless an accurate site plan is submitted showing the location, height, material description and elevation of the proposed fence. Fences in excess of 30 inches high require a city building permit and as such are not a casual improvement. Fences which have been built without Association approval, violate the current architectural guidelines or deviate from the submitted plan will simply be reported in any escrow demand transactions as exactly what they are NOT APPROVED. Buyers and title companies as a rule are sensitive to the report of an unapproved fence as this may imply a potential property line infringement problem. The Association will assist any lot owner in having an UNAPPROVED fence removed from an adjacent lot where the fence obstructs his view or in any other manner encroaches on the beneficial use of his property. The fence will be removed at the expense of the homeowner. G. CONSTRUCTION HOURS Construction shall be limited in accordance with the City's Noise Regulations. These typically are: 7:00 a.m. to 6:00 p.m. Monday - Friday 8:00 a.m. to 5:00 p.m. Saturday H. SITE CONDUCT AND MAINTENANCE

1. The general contractor, his superintendent, employees and suppliers shall:

2. Not consume alcoholic beverages on site nor play radios or tape players to

be heard from adjacent lots or homes. 3. Take necessary precautions for the safety of all persons, materials, and

equipment on or adjacent to the site.

4. Maintain the site in a neat and clean condition immediately removing waste materials or debris generated by the work.

5. Keep the streets, gutters and adjacent property clean and free of dirt, trash,

debris or other material related to or caused by the work.

6. Not use property adjacent to lots, under construction for vehicle access,


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parking or equipment and material storage without written permission of the adjacent property owner. Such written permission must be on file with the Architectural Committee prior to usage. Adjacent property must be returned to its original condition at end of construction.

7. Properly muffle motorized construction equipment.


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Exhibit 1

MISTY RIDGE

ARCHITECTURAL REVIEW SUBMITTAL REQUIREMENTS AND CHECKLIST

SUBMITTAL REQUIREMENTS:

Projects submitted for Architectural Review shall include three sets of plans, drawings, illustrations, architectural elevations, a material/color board and any other detailed information required to determine compliance with the provisions of the Misty Ridge Architectural Guidelines. All architectural drawings shall be prepared and signed by an architect licensed in the State of California, except alterations and patio covers, which may be prepared by a landscape architect or structural engineer licensed in the State of California.

A. Application (See Exhibit 2)

Please submit an updated application with each submittal. Applications and submittals, which are incomplete or lack the required minimum submittal requirements as outlined in this document can be rejected at the discretion of the Architectural Committee.

B. Payment of Review Fee

1. Residences, additions, and alterations to the main structure (Required at

time of submittal).

$250.00 Non-refundable fee for the Preliminary Plan Submission;

$250.00 Non-refundable fee for the Final Plan Submission;

2. Landscape plans for new residence shall be submitted with preliminary plan

submission.

C. Submittal of Required Plans and Documents

The following is a list of plans and information that is required to be submitted for the review steps:


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NEW RESIDENCES AND ADDITIONAL ALTERATIONS:

All submissions must include the following:

1. Lot owner's name, mailing address and business and home phone numbers

2. Lot and tract number and street address of site of proposed construction 3. Name, address and phone number of architect or owner's representative 4. A list of drawings 5. Submission fee 6. All drawings shall be drawn to scale (min. 1/8" = 1') All plans to include

north arrow. Indicate date on all drawings and documents. 1. PRELIMINARY PLAN SUBMISSION A. Site Plan:

• Show and dimension property lines, building envelope lines and setbacks, toe and top of slope locations, easements, buildings, pools, game courts, walks, patios, drives, fences walls, and other improvements and dimensions.

• Show conceptual landscaping plan

• Show existing topography and proposed finish grades, drainage, etc.

• Include lot coverage calculations

• Indicate proposed grading/site drainage features including site flow lines. B. Floor Plans:

• Include balconies, decks, atriums, patios, carports, garages, storage buildings,

dimensions, etc.

• Building Tabulations to include a table indicating the square footage of each

• Roof Plan

• Provide a roof plan to indicate all roof slopes and materials

• Dimension overhangs


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• Show all skylights

• Indicate all roof gutters and downspout locations D. Elevations:

• Show all sides of proposed buildings.

• Indicate vertical dimensions, materials, colors, textures, natural and finish grade lines, roof heights, etc.

• Indicate downspout locations

E. Rendering:

• Although a perspective, isometric, rendering or model is not required, one of these may help the committee to understand the proposal more easily.

2. FINAL PLAN SUBMISSION

This step ensures that the working drawings are executed in accordance with the approved Preliminary Plan Submission.

A. Working Drawings:

• Include all drawings noted in Preliminary Submission with additional details, sections, and other material that is normally required for a building permit.

B. Grading Plan:

• Show contours, flow lines, finish grades, etc. C. Exterior Colors and Finishes:

• Include material color sample board

• Colored Elevations

D. Soils report:

• Provide one wet signed copy of the soils report for association record keeping


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3. LANDSCAPE IMPROVEMENTS The following is a list of plans and information that is required to be submitted for landscape improvements A. LANDSCAPE PLAN SUBMISSION

• Include a scale plan (min. 1/8" = 1 '-0") indicating hardscape, fences, walls, trellises, arbors, plant common names, trees, ground covers, shrubs, exterior walks, patios, slope stabilization, grading, irrigation system, dimensions, material and sizes.

• Indicate heights of plantings at planting and at maturity, walls, structures, etc.

• Provide elevations of all vertical walls, structures, etc.

• Provide a color and material palette sample board


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Name: Name:

Address: Firm:

Address:

Home Phone: Home Phone:

Work Phone: Work Phone: I

Fax: Fax:

Email: Email:

Signature: Signature:

Project Information

Project Name:

Project Address:

Legal Description: Lot Block Tract

Assessor’s Parcel No.

Project Description:

Colors:

Materials:

Misty Ridge Architectural Review Application

Recvd. By: Fee Enclosed: Date Received: For Office Use:

Final Plan Color Change

Application Type: Preliminary Plan Landscape Plan Remodel


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Exhibit 7 AVAILABILITY MATRIX

Improvements Proposed

Architectural Committee Approval Required

Preliminary Submittal Required

Final Review

Landscape Review

Preliminary Review Fee

Final Review Fee

New Residence Y Y Y Y $250 $250

Exterior Remodels and Additions

Y Y Y Y $250 $250

Grading Y Y Y Y $100

Pools & Spas Y N Y Y $100

Patios Y N Y Y $50

Gazebos Y N Y Y $50

Trellis/Arbors Y N Y Y $50

Property Line Walls & Fences

Y N Y Y $50

Major Landscape Renovation

Y N Y Y $100

Minor Landscape (less than 3' in max. height) *A

N N N N 0

Exterior Painting: Existing color N N N N 0 New color Y N Y N 0

Window & Door Replacement: New style N N Y N $50 Match existing N N N N 0 Variance Y Y Y Y 0 $250

*A - Landscape shall be limited to a mature height of 3' maximum and not obscure any


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views. An example would be annual color in the entry area.