The Lakes at Discovery Bay Homeowners Association

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1 The Lakes at Discovery Bay Homeowners Association ARCHITECTURAL AND LANDSCAPING IMPROVEMENTS SUMMARY OF RULES & PROCESS Approved 1/26/2011 The Association pursuant to the CC&R s Section 12.1 must approve all alterations and/or improvements to lots within the community PRIOR to installation of said alterations/improvements. It is highly recommended that every owner read that entire section of the CC&R s before beginning the application process for an improvement. Once you have determined that you would like to make an improvement to your lot you must complete the following process in order. 30 to 60 Days before you want to start the work Complete The Lakes HOA Home Improvement Request Application and submit it with 2 complete sets of plans drawn to scale. Plans must show the nature, kind, shape, location, materials, color and dimensions of existing structures, driveways, sidewalks and fences as well as the proposed additions. Color samples and or brochures must be provided for any painting or alteration that will be visible. Submit the Application to Managing Agent s Office via the following means: Regular Mail- 315 Diablo Rd,, Suite 221, Danville Ca or by to DO NOT DELIVER THE APPLICATION TO A COMMITTEE OR BOARD MEMBER. Processing the Application The Managing Agent will date stamp the application upon receipt and forward to the Architectural Review Committee (ARC) for review and determination. The Committee will review and make their determination. Owners may be contacted to answer any questions the Committee has. The Committee will return the application with determination to the Managing Agent for owner notification. Managing Agent will send official letter of determination with the application and 1 copy of the plans back to the owner. Performance of Improvement With written Approval or Conditional Approval received, the owner may commence the work as approved. Work should be completed within a reasonable time of the approval with a certificate of completion filled out and returned to the Managing Agent. All improvements must be completed within 6 months or a written request for a time extension must be submitted for and approved by the ARC. Installations not completed to plan as approved are in violation and may be subject to notice, fines, and require removal. General Guidelines:

2 No cutting into or encroachment upon a slope or hillside will be permitted without first obtaining approval from the Architectural Review Committee. All areas within any lot shall be maintained by the owner in a neat, orderly and safe condition and in such a manner as to enhance their appearance, prevent erosion and other problems and to facilitate orderly discharge of water through drainage systems. No structure, planting, debris or other materials shall be placed or permitted to remain or other activities undertaken which might damage or interfere with established slope ratios, create erosion or sliding problems or interfere with established drainage function or facilities. The homeowner is responsible for installation and maintenance of all landscaping within the homeowner s lot. Landscaping is to be fully completed one year from close of escrow or certificate of occupancy. These guidelines are general in nature. Each landscape plan will be reviewed individually, according to the process established by the project documents. Retaining Walls: Decorative retaining walls (including courtyard walls) or hedges may not be constructed more than four feet in height. Materials should conform to the general design and color of the home. Fences: Fences may not be painted but may only be protected with a clear or natural finish. Some previously approved redwood stains may be allowed. Trees: Trees which will grow to a large span shall be planted a minimum 5 foot from property lines Tightly spaced lines Italian Cypress or other spite tree applications which block light of adjacent neighbors are prohibited. The use of fruit trees at property lines is discouraged. Trellises: Trellises may be painted to match the trim or house color, white or left in natural wood, protected with a clear coating. Trellises shall be installed so that the supporting structure is a minimum of 5 feet from property lines and a maximum height of 10 feet. Materials extending from the supporting structure shall not be closer than 2 feet to adjacent properties. Vinyl materials are permitted, Bright or garish colors are prohibited. Patios/Decks/Gazebos Minimum setback from property line shall be five feet. (County requirements concerning setbacks may differ from these guidelines. It is the homeowner s responsibility to conform to the County s requirements as well as The Lakes. Thus, if the County s requirements are greater, this will be the standard. The Association does not and shall

3 not impose a standard that is in conflict with County Ordinances, Zoning and other governmental requirements.) Decks, patios and gazebos that allow a person to stand more than 24 inches above grade level should be set back a minimum of ten feet from property line. Building materials should be in harmony with the natural surroundings. Trellises may be painted to match the trim or house color or left in natural wood, protected with a clear coating. Corrugated building materials are prohibited. Second story decks are only allowed if they do not infringe on the neighbors privacy, i.e., with enough landscaping to shield. Utility Sheds Shall not be visible from the street and shall match fence materials or house color. Corrugated roofing is prohibited. Required setback for any structure greater than 120 square feet floor area and/or having a height greater than six (6) feet as measured from the ground is five feet from any fence, property line and existing structure. Small prefab sheds not visible from common areas, less than 36 square feet floor area and less than fence heights may be placed against fence lines with zero (0) setback. Under special circumstances a variance may be granted. Any building or container not meeting the above size or dimension shall be considered a structure and shall meet structure setback criteria. Pools/Spas/Ponds Plans must include all associated equipment, including, but not limited to, covers, canopies, diving boards, slides, equipment housing, solar devices (ideally hidden from view), etc. Minimum setback required is ten feet. Poll equipment shall be silent type or shall be located a minimum 15 feet from any windows of an adjacent home or structure. Due to the various shapes of the backyards a setback variance may be granted. Play Equipment No play or recreational structures including, but not limited to, tree houses, gym sets and slides shall be erected within ten feet of any fence between residential lots and the block end fences of end lots. Equipment materials should be in harmony with the natural surroundings. Plastic, metal or fabric covered equipment in bright colors should be screened with evergreen trees or shrubs. If fabric is used it must be replaced or removed when worn or torn. Platforms where a person or child can stand shall not be taller than 5 foot 6 inches or below the top of adjacent fence, which ever is lower. Other non-accessible features on play structures can extend up to 9 above ground elevation. A variance will only be granted if it does not adversely affect any neighbor. Lighting

4 Light posts over 30 inches in height must be submitted for review. Outdoor lighting is restricted to low voltage, incandescent type directed away from adjacent homes. Permanent motion detector lights are permitted provided they are shielded in such a way that the light does not intrude upon neighbors. Driveway Modifications: Driveway shall not extend to property line o 18 inches clear between driveway edge and property line is required AND this area must be planted and irrigated ( to avoid an ocean of concrete ) New concrete can have borders, ribbons, texturing and details, but color of the field on widened portion should match adjacent concrete color There shall not be more than 1 driveway per property Widening towards center of house is generally prohibited. All construction shall avoid the placement of utility boxes in the field of concrete. Owner is responsible for securing permits from serving utilities. Driveways aligned so that drainage catch basins or utility boxes must be or can be driven over are strictly prohibited. Front yard Landscaping Modifications: All homes in the community had front yard landscaping installed as part of the original construction. Replacement and substitution with like types of plant materials generally do not require plan submittal and ARC approval. Addition of hardscape & statuary or deletion of turf or groundcover does require plan submittal, review and approval. A minimum of 25% of front yard area must be planted in turf or a spreading ground cover which provides a green, neatly trimmed appearance. All construction shall avoid the placement of utility boxes in the field of concrete. Owner is responsible for securing permits from serving utilities. Satellite Dishes and Antennas One satellite dish or antenna per home is allowed only for reception of Direct Broadcast Satellite (DBS), Wireless Cable or Television Broadcast Stations (TVBS). Satellite dishes greater than one meter (39 ) in diameter are prohibited. Only antennas or dishes that are permitted under the Telecommunications Act of 1996 and regulations promulgated by the Federal Communications Commission may be installed. Installation by a professional satellite dish installer is recommended. If more than one satellite dish or a larger size is sought, submittal to and approval by the ARC is required prior to installation. Applicant must submit an application with a photograph of the house with the proposed satellite dish location indicated on the photo, as well as information on the size of the dish. Satellite dish shall not be installed on the ground in front yards, or on front porches. The preferred placement location is on the rear of the house, or at the least conspicuous location that is not visible from nearby streets and does not interfere with scenic vistas. The association requests that dishes not be placed on roofs in the front plane of the house unless no other location for acceptable service can be found.

5 No part of the satellite dish shall extend beyond the property line. All wires and cables running along buildings shall be painted to match the building colors along which they run. Other: Cutting into the ground to create a lower finished grade adjacent to or placing fill against perimeter fences and walls is prohibited. No hanging fountains, statuary, hardscape, structural or support Hangers or other attachment are permitted to be made on perimeter fences and walls. No garish, cartoonish, brightly colored or offensive statuary or other objects shall be placed in areas of lots visible from the common area. Owner is solely responsible for complying with all building, municipal, zoning and other code requirements which apply to owners construction. Owner is solely responsible for complying with all deed restrictions, easements and other property restrictions which might apply to the property. Developer installed Masonry or wooden fences adjacent to streets or common area shall be treated as a property line for the purpose of the measurement of any Architectural or Association Governing Document requirement.

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