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HomeMy WebLinkAboutMINUTES - 06172003 - D3 TO: BOARD OF SUPERVISORS Centra FROM: DENNIS M. BARRY, AICP «.,, Costa COMMUNITY DEVELOPMENT DIRECTORx; . ' County DATE: JUNE 17, 2003 SUBJECT: APPEAL OF THE EAST COUNTY REGIONAL PLANNING COMMISS'ION'S APPROVAL OF AN AMENDMENT TO A FINAL. DEVELOPMENT PLAN TO ALLOW A PRIVATE GANGWAY TO ACCESS A COMMUNITY DOCK AT 1730 AND 17401 ANCHORAGE WAY IN DISCOVERY BAY, GREG BI'RTCHET (APPELLANT); FRANK AND KIM MORGAN (APPLICANTS/OWNERS); AND DAVID AND LORRAINE SIMPKINS (OWNERS), COUNTY FILE #DP0 3072. (DISTRICT 111) SPECIFICREQUEST(S) OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION 1. RECOMMENDATIONS A. FIND that the,project is exempt from CEQA (Section 15303e) B. DENY the appeal of Greg Birtchet and uphold the decision of the East County Regional Planning; Commission baited on the findings included in 'Commission Resolution 15-2003; and C. DIRECT Community Development Department to file a Notice of Exemption with the County Clerk. CONTINUED 2N ATTACUM NT: ,L YES' NO SIGNURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ON JUne L APPROVED AS RECOMMENDED 'X OTHER""X *See attached addenum for Board action* VOTE OF SUPERVISORS i HEREBY CERTIFY THAT THIS IS A TRUE AND X UNANIMOUS(ABSENT..:) CORRECT COPY OF AN ACTION TAKEN AND AYES- NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABITAIN: SUPERVISORS ON THE DATE SHOWN **District III Seat VACMq** Contact: Michael Henn''(925)335-1204 ATTESTED .haze 17, 20013 cc: Mr.Greg Birtche# JOHN' SWEETEN, CLERK% OF THE BOARD 'OF Mr.and Ms.Morgan SUPERVISORS AND COUNTY ADMINISTRATOR Mr.and Ms.Simpkins Cypress Landing Community Association BY , -.DEPUTY June 17,2003 Board of Supervisors Bile#DP023072 Page 2 ll. FISCAL IMPACT: None. The applicant is responsible for the cost of processing the development permit request. lll. BACKGROUND: The Cypress Landing Subdivision, which was approved'in 1985, is a single family residential area with a common boat dock facility located in Clipper Bay. Instead of individual gangways, the project provided for three, landscaped access areas each of which contain a gangway that connects to the common boat dock facility. While some of the lots directly front the water, the majority of the homes are located on interior lots. All:residents, regardless of whether they have an interior or a waterfront location, access the common dock facility and the water area from the three, common access points. The two applicants, the Morgans and the Simpkins, propose to construct a single, private,joint access gangway from their rear yards to the deck in order to provide direct access. The Community Development department determined that this proposal was a'major modification to the final development pian, and a public hearing was required On February 24, 2003, the Zoning Administrator denied the application,finding that the proposal altered an original concept of the development, that being one in which all property owners have common boat facility and water access. This decision was appealed by Mr. Frank Morgan. The appeal was heard by the East County Regional Planning Commission on April 14, 2003. At that time, the Commission took testimony both in support of and in opposition to the project and determined, by a 5-0 vote, that the required'findings to approve the project could be made. While the purpose of the P-1 zoning district is to have a cohesive design, the Commission found that there was no significant inconsistency with changing the rules so that houses that backed to the water could have individual'gangways or ramps. This argument was supported by testimony that the majority of the Cypress Landing Community Association membership as well as the association's board favored the changes. The Commission's decision was appealed by Greg Birtchet a resident of the subdivision. IV. APPEAL'ISSUES: The letter of appeal fists a number of issues which are summarized below along with a staff response: Appeal Point: The community association's board of directors has the responsibility to protect all members against treatment that is unequal or benefits some more than others. The current gangway project is believed to unequally'benefit the waterfront lots and make second-class citizens out of the June 17,2003 Board of Supervisors File#OP02307 Page 3 non-waterfront lot owners. Response:: The appellant is correct that the approval of the project would allow the residents of the waterfront lots to have a private access to the common boat dock facility. The residents of the interior lots would continue to have the existing access via the common gangways. The East County Regional Planning Commission did not find that this change was substantially in conflict with the original project approval, and noted that individual boat docks are common in other areas of the Discovery Bay,.community. Appeal Point: The current board is weighted toward the waterfront members,who are therefore willing to disregard the requirements of the CC&Rs for design and appearance of lots, as well as in other ways„disregard the "mutually,beneficial" requirements of the CC&Rs. The management company hired by the current board is ineffectual and only represents the interests of the waterfront lot owners Res once The operation of the Homeowners Association is beyond the purview of this review. The relevant issue is whether the installation of private gangways is consistent with the intent and purpose of the original planned unit district and with uses in the vicinity both inside and outside the district. The applicant has submitted a large binder of information for consideration by the Board. This includes evidence of support by the homeowners'association as well as petitions in support of the project. The applicant has also provided evidence of a survey that shows that all parts of the ramp and landing occur on the applicants' lots, not in the common area. Obtaining a survey verifying that the gangway was located on the applicant's property was a condition of the project as approved by the East County Regional Planning Commission. V. FINDINGS &.RECOMMENDATION : A request to modify a previously approved Planned Unit District is subject to a finding (Section 84-66.1804)that the proposal is consistent with the Intent and purpose of the P=1 district and compatible with other uses in the vicinity, both inside and outside the district.The East County Regional Planning Commission,in approving the application, found that the proposed individual gangway or ramp is sufficiently consistent with the intent and purpose of the design concept of this Planned Unit District and is compatible with the surrounding land uses. ADDENDUM TO ITEM D.3 Jule 17, 2003 The Board of Supervisors considered the appeal by Greg B rtchet of the East County Regional Planning Commission's approval of an amendment to a final development plan to allow a private gangway to access a community dock at 1730 and 1740 Anchorage Way in Discovery Bay, Frank and Kim Morgan(Applicants/owners)and David and Lorraine Simpkins(Owners), County File#DP023072. Dennis Barry,Director, Community Development Department,presented the staff report and recommendations. The chair opened the public hearing and the following persons presented testimony; Greg Birtchet,(Appellant)2185 Breaker Court,Byron; Frank Morgan(Applicant&Owner), 1730 Anchorage Way,Discovery Bay; Dave Simpkins(towers), 1740 Anchorage Way,Discovery Bay;,; Lorraine Simpkins(Owners), 1740 Anchorage Way,Discovery Bay; Amanda Dove, 1820Anchorage Way,Discovery Bay; Bill Martin, 2076 Sandpoint Roast,Discovery Bay; Bert Tye,2040 Sandpoint Road,Discovery Bay; Neva Burdick,2056 Sandpoint,Discovery Bay; Doug Pacot, 1834 Anchorage Way,Discovery Bay; Ken Miller,2145 Breaker Court,Byron The Chair closed the public hearing and returned the matter to the Board for further discussion. Supervisor Glover moved to approved the staff's recommendations. Supervisor Uilkema second the motion and urged the homeowner association board to take a look at the issues raised today. Supervisor Gioia urged that both sides try to discuss the matter and worts out any differences to avoid litigation. The Board then took the following action: ■ CLOSED the Public Hearing; ■ FOUND that the project is exempt from CEQA(Section 15303e); • DENIED the appeal of Greg Birtchet; ■ UPHELD the decision of the East County Regional'Planning Commission based on the findings included in Commission Resolution 15-2003; • DIRECTED the Community Development Department to file a Notice of Exemption with the County Clerk. T'. SLLTTI(.N Resolution No. 15-2003 RESOLUTION OF THE EAST COUNTY REGIONAL PLANNIING COMMISSION OF THE COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA,REGARDING AMENDMENT TO A FINAL DEVELOPMENT PLAN TO CONSTRUCT A PRIVATE GANGWAY TO ACCESS`.AN EXISTING COMMUNITY BOAT DOCK, DEVELOPMENT PERMIT#023072,IN THE DISCOVERY BAY.AREA. WHEREAS, Can December 12, 2002 Frank and Kim Morgan, and David and Lorraine Simpkins filed an 'application with the Community Development Department for a modification to an approved Final Development Plan to construct a private gangway to access an existing' community boat dock at 1730 and 1740 Anchorage Way in the Discovery Bay area; and WHEREAS, notice of the public hearing having been lawfully given, the Zoning Administrator held a hearing on February 10, 2003 which was continued to February 24, 2€303 at which time the Zoning Administrator found that the proposal was not consistent with the intent and purpose of the P-�1 district since the original project was approved only with community access points with no individual access to docks, and denied DP023072; and WHEREAS,the Zoning Administrator's action was duly appealed by Frank Morgan on March o,2003,and that matter was then scheduled for action by the East County Regional Planning Commission; and WHEREAS, staff has determined that the proposed use is categorically exempt under CEQA, (Guidelines Section 15303,=(e), Accessory or.Appurtenant Structures); and WHEREAS, notice of the hearing having been lawfully given, the East County Regional Planning Commission held a public hearing on the applicant's appeal on April 14, 2003, and during the public hearings,the Commission considered comments from the appellant who was the project applicant, as well as from, members of the public who wished to speak both for and against the appeal; and WHEREAS, the East County Regional Planning Commission having fully reviewed, considered,. and evaluated all the testimony, evidence and comments submitted in this matter; and whereas the East County Regional Planning Commission determined that the required findings could be made as follows: 1. That the proposed modifications to the existing development permit were consistent with the planned unit district, and 2. That proposed amendments allowing the gangway'would' be compatible with the surrounding uses. NOW, THEREFORE,BE IT RESOLVED that the East County Regional Planning Commission, at its meeting of April 14, 2003 approved the appeal and granted'the permit to allow the requested gangway to the boat dock subject to conditions of approval. BE IT FURTHER RESOLVED that the Secretary of the East County Regional Planning Commission will sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors, all in accordance with the Government Code of the State''of California, AYES: Commissioners- MaeVittie,Harper,bay,Dell and Williams NOES: Commissioners- None ABSENT: Commissioners None ABSTAIN: Commissioner None Walter MaeVittie, CHAHUV AN Chair of the East'County Regional Planning Commission. County of Contra Costa, State of California ATTEST: DENLLVV�SLS M. BARRY, Secretary East County Regional PlanningCommission County of Contra Costa County, State of California StaffReports:DP023072eckeso4-14 2 CONDITIONS OF APPROVAL CONDITIONS OF APPROVAL FOR PROPOSED AMENDMENT FILE #DP023072 TO ALLOW A JOINT GANGWAY TO CONNECT TO A COMMUNITY DOCK IN THE DISCOVERY BAY AREA. (Morgans and Simpkins-- Applicants & Owners) AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION APRIL 14, 20}3 1. General Approval and Requirement for Revised Site Plan Prior to Issuance of Building Permit-Development shall be in general accord with the plans submitted with the application,subject to final review and approval of the Zoning Administrator prior to issuance of a building permit. Prior to issuance of a building permit, the applicant shall submit a revised site plan of existing and proposed development based on a survey prepared by a licensed surveyor that accurately delineates the location of the rear property line and both private mooring and slope easements within the rear of the two lots. 2. Evidence of Execution of across-Access Easement Between Two Lots- Prior to the issuance of a building permit the applicant shall provide evidence for the review and approval of the Zoning Administratorthat the proposed cross easements granting shared ramp access to Lots 11 and 12 have been recorded and will run with the land. 3 Building permits shall be obtained for the neve dock and ramp. 4. :Design ofRMp/Rar Ings and Landing;- The design,'specific colors and materials of the ramp, railings and landing shall be of a commercial-grade quality subject to the review and approval of the Zoning,Administrator prior to issuance of a building,permit. Prior to the submittal of the plans to the Community Development Department for building permit, the applicant shall provide written evidence that the Cypress Landing Homeowner's Association and the owner of the adjoining water body property containing the attached boat berths(APN'008-050-007,New Discovery Inc.)have been provided an opportunity to review and comment on those aspects of the project. 5. Maintenance Re§ponsibilities and Re uirement of Aplilicants to Offer to Enter.into Agreement with HC)A- The owners of Lots 11 and 12 shall be and remain responsible for the upkeep and maintenance of the ramp,railings and landing. Prior to the issuance of a building permit, the owners shall provide written 2 evidence for the review and approval of the Zoning Administrator that they have diligently pursued an agreement with the Cypress LandingHomeowner's Association to require the owners of the private lots to diligently and in perpetuity maintain these facilities as lung as they remain, and to allow such an agreement,if agreed to by the HOA,to be recorded to run with the land. The cost of preparing and processing such an agreement will be the exclusive> responsibility of the applicants. 6. Permitted Construction Hours -All construction activities shall be limited to the hours of 7:30'A.M.''to 5:00 P.M.,Monday through Friday, and shall be prohibited on state and federal holidays. 7. Payment of any Due SgMlemental Applications Fees—This application is subject to an initial application fee deposit of$1000, which was paid with the application submittal,plus time,and material costs if the application review expenses exceed the initial fee deposit. Any additional fee due must be paid prior to issuance of a building permit commencement or 60 days of the effective date of this permit,whichever occurs first. The fees included costs through permit issuance plus five working days for file preparation. The applicant or owner may obtain current cost by contracting the project planner. A bill will be mailed to the applicant shortly after permit issuance in the event that additional fees are due. 8. Permit Compliance Report and Processing,_Fee — At least 7 days prior to requesting a building permit, the applicant shall provide a report to the Community Development Department'for the review and approval' of the Zoning Administrator. The report shall indicate how the applicant has fulfilled each of the permit conditions of approval, and shall be subject to a fee covering all staff time and materials payable prior to issuance of a'building permit.'' An initial fee deposit' of $500 (checks may be made payable to the County of Contra Costa) shall accompany the submittal of the compliance report. 3 ADVISORY NOTES THE FOLLOWING INFORMATION DOES NOT CONSTITUTE CONDITIONS OF APPROVAL. IT IS PROVIDED TO ALERT THE APPLICANT TO LEGAL REQUIREMENTS OF THE COUNTY AND OTHER.PUBLIC AGENCIES TO WHICH THIS PROJECT MAY BE SUBJECT. A. NOTICE OF 90-DAY' OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et seq.,the applicant has the opportunity to protest fees,dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a 90 day period after the project is approved. The ninety(90) day period in which you may protest the amount of any fee or the imposition of any dedication, reservation, or other'exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the Community Development Department within 90 days of the approval date of this permit. B. Comply with the requirements of the Building Inspection Department. The Building Inspection Department has indicated the following for this project. 1) Building'permits will be required for the new dock and ramp. 2) All work must be done in compliance with 2001 CBC if available. 3) Plans and specifications shall be submitted for review and approval. 4) Structural design calculations may or may not be required depending on the complexity'of the structures. 5) If a soils report is available for the site, it'should be provided in the submittal for building permits, The Building Inspection Department may also require that the property be surveyed as part of the building permit requirements. C. Cmpfiance with Floodplain Management Ordinance - The proposed improvements lie within a special flood zone, Zone A-2. Prior to issuance of a building permit, you will be required to obtain a floodplain permit from the Floodplain Technician in the Application and Permit Center. Prior to requesting a building permit,it is recommended that you contact the Floodplain;Technician to learn the County requi7rements by calling 335-1375. D. Comply with the requirements of Reclamation District 800. APPEAL LETTER April 24, 2003 s: A To: TBE EAST COUNTY REGIONAL °PLANNING C(� P I l�C'3 hi OARD OF APPEALS SUBJECT: COUNTY FILE #DP023072, ;amendment to a final development plan to allow construction of a private gangway to access an existing community dock. Re: APPEAL OF DECISION I Greg''Bi tchet wish to appeal the decision of the board, regarding the aforementioned amendment, County File # DP023072 I reside at, 2185 Breaker Court, Discovery Bay, CA, and I am a member of the. " Cypress Landing Community Association". I spoke against this amendment during the public hearings dated February 14, and April 14,2003. I wish to appeal for, but not be limited to, the fallowing reasons, Subdivision #6628 (Cypress Landing.)is a"A Common Interest Development" and contains in the first pages of the "DECLARATION OF COVENANTS, CONDITIONS ANDRESTRICTIONS" Article I , II Tl�NTION OF DECLARATIt�N: which states things like "mutually beneficial restrictions, easements, assessments," 'and 'Tor the benefit of all of the Owners", and "All such CC&R's are>>declared to be in furtherance of the plan for the subdivision, improvement and sale of the Project as a Common Interest Subdivision". It even states that these Declarations are made in compliance of ,provisions of the "California Civil Code" and the "Davis- Sterling Common Interest Act". In reading the entire "PROJECT DOCUN4ENTS, this same "mutually beneficial" theme, appears to be prevalent throughout, including the access and use of the common areas be equal`to all members. Furthermore, I believe that the Board of Directors has not only a duty, but, an obligation to protect all of the members against unequal'or beneficial treatment, not to mention treatment which favors a few members at the expense of the others. I believe that the advent of private ramps will increasingly.',cause the land side owners to feel like they are encroaching onto the docks of.others and vvill give the perception of this to perspective buyers, thus affecting my property rights and values. While the appellant believes that this change enhances the value'of all'member properties, I can furnish any, number of experts that will dispute this contention. The "PROJECT DOCUII4ENTS" entrust to the Board, the duty to enforce the rules, by- laws, and amendments, and set architectural guidelines pursuant to those rules. It does not give diem the ability or the right to change or amend the rules without a 67%vote of the members (9.9.1,a and b). Under no circumstances;does it give the Board the right or the, ability to change' the "DECLARATIONS", especially the "mutually beneficial" Declarations that are the very basic foundation of the Association, and which fundamentally created the Association itself. In reviewing the "FINAL SUBDIVISION PUBLIC REPORT", file no. 024707SA-AO2,that was issued for the original subdivision, it also appears to reinforce the"common interest" intent of the subdivision. While the particulars of the following scenerio are not exactly correct, the details closely parallel the actual occurrences of the facts and results. This is a loose perception of what' has taken place regarding our association in the last''5 yews. For years we had a property manager that was tough and took a proactive roll in enforcing the CC&R's. They, continually wrote letters to members that brake the rules; including unkempt lawns, incorrect landscaping, parked campers, trailers, commercial vehicles, and boats, planks' from waterfront homes, to the common dock, etc., etc., the list is endless. I myself received letters from time to time when I parked my boat in my driveway. 'While these actions made a lot of members angry, it caused our neighborhood appearance to be maintained at a high and consistent level. About 5 years ago a waterfront member wanted` a ramp, and basically the member could not get approval from either the board or the property management co. The member then went about getting the ramp through a legal process based'loosely, and I believe mistakenly, on the persons with disability code. The association rather than spend our money to fight the ramp, allowed it to be approved, on the basis that it would be removed upon the sale of the property. Since that time there has; been a concerted effort to load the board with waterfront members and friends that are sympathetic to their cause, which happens to be the makeup of the current board. Most of my neighborsbelieved that even if the board was weighted towards the water members, that they still could not change the basic fundamentals of the CC# R's and by-laws on which our association is based. This board has even gone so far as to replace the property management co.with one that is ineffectual and does little to enforce any of the rules, but seems to represent only the wishes of the waterfront members. It would only take a,drive through our neighborhood to prove to you that the rules are not being enforced, especially in the areas of vehicle storage and landscape and architectural maintenance. Finally,the purpose of this appeal is not to forward a list of complaints, but to show how we arrived at this divisive issue. To show that this action violates the contract documents` of our association and that the board is not acting on behalf of all of the members of our association as intended by the Declarations.. It is acting in a manner that is dividing our community and favoring the waterfront members at the expense of the other members, and at the same time,undermining the very foundation of our association. Resp g Birt et Attachments;Certain pages of the PROJECT DOCUIVIENTS and certain pages of the original FINAL SUBDIVISION'PUBLIC REPORT with highlights. e DECLARATION; OF COVENANTS, CONDITIONS AND RESTRICTIO14S 4_ 01? CYPRESS LANDI A common Interest Development (Subdivision6628 THIS DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS 'OF CYPRESS LANDING ("Declaration") is made this day of 19.ff, by THE LUSK COMPANY, a California corporation ('"Declarant") ARTICLE I INTENTION OF DECLARATION 1 .1 FACTS: This Declaration is made with refer- ence to h ollowirig facts 1.1.1 Prapert Owned b.X Declarant: Declarant is the owner of all the Feal properhy anN Improvements: thereon located in the County of Contra Costa, ,Stag: of California, described as follows: n Lots 1 through 97, inclusive, and Lots .A, B and G and the parcel. designated "Private Street's as shown on the ._...- subdivision map filed for record on December 3 , 1985 , in Book 297 of Maps at Page -1 et seq. in the Offficial. Records of the County of Contra Costa, State of California 1 .1.2 Nature of Proect. Declarant intends to develop the Pry t as a planned development project within the meaning of ;California Civil : Code Section 1.351 (k) in conformity with the- provisions ' of the Davis-Stirling Common Interest Development Acct (California Civil Code,,` Section '1350 et seq. ),. To establish the planned development project, Declarant desires to impose on the Project, these mutually; beneficial restrictions, easements, assessments and liens under a comprehensive general plan of improvement and development for the benefit of all of the Owners , the Lots- and "Common Area within the Project. 1.2 APPLICABILITY OF RESTRICTIONS: Pursuant to Calif orn mull Code Sections 13S3 and 1354, Declarant hereby declaresthat the Project and all Improvements thereon are subject to the pro-visions of this Declaration The Project shall be held, conveyed,' hypothecated , encumbered, leased, rented, used, occupied and. Improved UTME S"UTO ICY 1.1 07/23/86 ATEORMS AT LAW 44 QUPJL COURT.SUITE 311 WA3 N!7"C'.faCFY t"'87 tT"119Nts GSCca subject to the covenants , cc nditiaita and restrictions : stated in this Declaration . All such covenants, conditions and restrictions are aecig rgd to be n fu!rtheranc' of tl a -P14n for the .ubdimprovement and sale of the Project as a Common in Brest Development. All of the limitations, easementar cases, ob iiat ons, covenants, conditions, and restrictions stated in this Declaration shah.': run with the project and shall inure to ' the benefit of and be all Owners and all other parties haring; or acquiring any .right, title or interest in any part of the Project. uTM&SAFUT AMANEYS AT LAW 44 t}UAi!COURT,SUITE all 1.2 07/21/86 1,.I K7l FT rVr.VW 1 AI%XnS A Cd ear. 9 .5 .2 Any delinquency in the payment of: assess- ments or charges owed by the Owner of aLot which is subject to a First Mortgagee held by the Eligible solder if the de_ linquency is not cured within slaty (SST ) clays after .iter' due date; 9 .5 .3 Any lapse, cancellation or material' modifi- cation of any Insurance policy or fidelity band maintained by the Association; 9.5.4 Any:. proposal to take any action specified in this Article or in Section 10 .1.2; or 9 .5.5 Any default by an Owner-mortgagor of a Lot in the performance of his obligations under;' this Declaration or the Bylaws which is not cured :within sixty (60) days . 9 .6` RESERVE FUND The Association shall maintain as reservefunds the Reserve Account which shall be suffi- cient to pay for maintenance,' repair and periodic replace- ment of Common Area improvements which the Association' is obligated to maintain. This reserve fund shall be funded by Regular 'Assessments of Owners which are payable in install- ments as specified in Section 6 .2 hereof, rather than by Special Assessments; ? provided, however, that ` this provision shah) not be deemed to limit the poorer of the Association to levy any other type of assessment or charge authorized' by this Declaration. 9 .7 INSPECTION OF BOOKS AND ' RECORDS: Upon re- quest, any Owner or First Mortgagee ss abbe entitled to is spect the books, records and financial statements of the Association* the Project Documents and any amendments there- to during normal business hours or under other reasonable circumstances 9 .8' FINANCIAL STATEMENTS: The Association, at its; expense, shall prepare=." an audited financial statement for the immediately preceding fiscal year and furnish the ;,same within one hundred twenty` (12'0) days after written- request from. any Institutional Mortgagee. 9 .3 vt TING RIS OFM# t'1' E For purposes of this section t a MoRgageye shall 5 to erre {l) vote> for each Lot encumbered by a First Mortgage owned by that Mortgagee. 9.9.1 Unless sixty-seven (67*) of the Institutional Mortgagees' or 'sixty-seven percent (67%) of the LrrrU&SAPUTO AtMRNEvs AT t,Aw f tf� 49 QUAIL CWET`.SUITE 311 9.2 Q����.t cJ ' WALNUT CREEK.CALIFORNIA 9'Z% owners , ether than beclarant have given their prior written approval , the Association shall not be entitled tot (a) By act or omission to abandon, par- tition, subdivide, encumber, sell' or transfer any property or improvements owned, directly or indirectly, by the Association for the benefit of the Lots and the owners (The granting of easements for public utilities or for ether public purposes consistent with the intended use of the property by the Association and Ovners shall not be deemed a transfer within the weaning 'of this Subsection) ; (b) . By ;act or omi ss icon change, waive or abandon any scheme of regulations, or enforcement thereof a pertaining to architectural design or exterior appearance of Lots, the exterior maintenance of Lots, the maintenance of party walls;, party fences or party driveways, or the upkeep of 'lawns , plantings or ether landscaping in the. Project.- (a) roject;(c) Fail to maintain fire and extended coverage insurance on insurable portions ;of the Common Area on a current replacement cost basis in an amount not .less than one hundred percent (100%) of the insurable value based on current replacement 'cost (d) Use hazard insurance: proceeds for losses to any property or Improvements owned by the Association other than for the repair, replacement or recon- struction of the property and Improvements, 9 .9.2 Any election to terminate the legal sta- tus of the Project as a. Planned Development Project shall requires. (at) The approval of fifty-one percent ( 51%) of the Eligible Holders, if the e':lebtion to terminate the legal status is a result of substantial destruction or a substantial, taking in condemnation of the property within the Project; or (b) The approval of sixty-seven percent (671) of the _ total voting power: of the Association and sixty-seven percent (67%) of the Eligible Holders . 9.9.3 The vote or written consent of sixty- seven percent (671) of the total voting power of the Association arA fifty-one percent (51*) of the Eligible Holders shall bee ' required to assume self-management of the Project , if professional management of the Project has been required by an Eligible Holder at any time. uME&s t o arMMrs At LAW +� / C s4 QUAIL Ct MT} SUITE 3II 9.3 Q f! 21 18 6 NAfu'7 T GREEK.CALIKYRNL&90% ARTICLE! X AMENDMENT'S 10 .l PROCEDURE Except as provided in the Declaration , these .Bylaws may be; amended at a meeting by fifty-one percent (51'x) of a quorum of the total voting power of each class of Members present in person or by proxy . If only one (1) class of Members is in existenceand Declarant is still a -Member, 'then, amendments may be Wade at a meeting by a vote of (i ) fifty-one percent (51%) of the total voting power of Members other than Declarant and (ii ) fifty-one percent (51%) of a quorum of the total voting power of all Members.. Cance Declarant is no longer a Member, amendments may be made at a ' meeting by fifty-one percent (51% ) of a quorum of the 'total voting power of Members". 10 .2 RECORDS OF AMENDMENTS: Whenever an amendment or a`. new By s�adcpted, iE shall be added in the appro- priate place in the Association'ts m nate bock. If any Bylaw repeals any portion of these original Bylaws , either the; date' of the meeting at which the Bylaws or portion thereof'' was repealed , or the date written consent wasfiled with the Secretary shall be stated' therein, .. ARTICLE XI CONFLICT In the case of any : conflict between the Articles ' and these Bylaws, the Articles .shall control. In the case of any conflict between the Declaration and these Bylaws , the Declaration shall control . LIME&sa7or- 01/14/87 ATTORNEYS A7't LAW LA3v s^s+vs+r ro¢cr ralacnaur:r..:..oe. _ This is a single project whichconsists of approximately 23. 03 acres divided into 97 lots in addition to the common area which consists of 'Lots A, B, G# and the private street. Common .facilities consisting of boat 'docks# gang planks, walkways, landscaping and perimeter wall will be constructed on the common area. MAMGER T AND OPERATION: The Cypress Landing Community Associ- ation, Inc. , which you must join, manages and operates the common area(s ) :in accordance with the Restrictions, Articles of Incorpor- ation, and the Bylaws. MAIINTEI ICB AND OF ATIOkM B"B9SES: The subdivider has sub- Fitted a budget or' the in-U tenance and operation of the common areas and for long--term reserves. This budget was reviewed by the Department of Real. Estate in February 1987. You should" obtain a -copy of this budget from the subdivider. under this; budget, the monthly assessment' against each subdivision unit ranges from ;41.27 to $51.83 of which $9.14 to $17.20 is a monthly contribution to long-term reserves and is not to Pay' for current.' operating expenses. IF THE BUDGET F'URNISH'ED TO YOU BY >>"THE DEVELOPER SHOWS MONTHLY ASSESSMENT FIGURE WHICH IS AT LEAST 20% MORE OR AT LEAST 10% LESS THAN THE ASSESSMENT.' .AMOUNT SHOWN IN THIS PUBLIC REPORT, YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE ENTERING INTO AN AGREEMENT TO PURCHASE. The association may increase or decrease assessments at any time in accordance with the procedure ``prescribed in the Cc&Rs or Bylaws. In considering the advisability of a decrease (or a smaller increase) in assessments, care should be taken not to eliminate amounts attributable to reserves for replacement or major mantena.nce... THE 'BUDGET INFORMATION INCLUDED IN` THIS PUBLIC` REPORT IS APPLICABLE AS OF THE BATE OF BUDGET REVIEW AS SHOWN ABOVE. EXPENSES OF OPERATION ARE DIFFICULT' TO "PREDICT ACCURATELY AND EVEN IF ACCURATELY ESTIMATED' INITIALLY, MOST INCREASE WITH THE AGE OF FACILITIES AND WITH INCREASES IN THE COST OF LIVING Monthly assessments will commence on all lets on the first day of the month immediately following the closing of the first sale of a lot. The remedies available to the association` against owners who are delinquent in the payment of assessments are set forth in the CC&Rs. these remedies are available against the subdivider` as well as against other'' owners. / ' Page -- File No. : 024707SA-AO2 r SPECIAL NOTES: (Continueii) 13. IF You PURCHASE , FIVE OR MORE SUBDIVISION INTERESTS (LOTS/UNITS, OR MBWSHIFS) FROM THE SUBDIVIDER, HE/SHE '- IS REQUIRED' TO NOTIFY THE REAL+ ESTATE COW4ISSIONER OF THE SAL:. IF YOU INTEND TO SELL YOUR INTERESTS OR LEASE THEM FOR MORE THAN ONE YEAR, YOU ARE REQUIRED TO OBTAIN AN AMENDED SUBDIVISION PUBLIC REPORT BEFORE YOU CAN OFFER THEM FOR SALE O LEASE. 14. MRSING WHEN YOU 'SELL YOUR LOT TO SOMEONE ELSE, YOU MUST GIVE THAT PERS014 A COPY OF °THE DECLARATION OF RESTRICTIONS, ARTICLES OF INCORPORATION, THE 'BYLAWS AND A TRUE STATEMENT CONCERNING ANY DELINQUENT ASSESSMENTS, PENALTIES, ATTORNEYS' FEES OR OTHER CHARGES, PROVIDED BY THE CC&R'S OR OTHER MANAGEMENT DOCUMENTS ON THE LOT OR UNIT AS OF THE DATE THE STATEMENT WAS ISSUED. NOTE: IF YOU FORGET TO DO THIS, IT MAY COST YOU A; PENALTY OF $500.00 -- PLUS ATTORNEY'S FEES AND DAMAGES (SEE CIVIL CODE SECTION 1368) . THIS CIVIL CODE SECTION 13+68 ALSO PROVIDES THAT SUBDIVIDERS MUST FURNISH A TRUE STATEMENT CONCERNING ANY DELINQUENT ASSESSMENT PENALTIES, ATTORNEYS' FEES, OR OTHER CHARGES PROVIDED BY THE CC&R'S, OR OTHER MANAGEMENT DOCUMENTS ON THE LOT OR UNIT AS OF THE DATE THE STATEMENT WAS ' ISSUED. 15. THE SUBDIVIDER ADVISES THAT THERE ARE 97 OPTIONAL MEMBERSHIPS' IN THE DISCOVERY BAY SWIM ' AND RACQUET; CLUB TO BE OFFERED TO PURCHASERS AT THE TIME OF SALE THESE MEMBERSHIPS HAVE BEEN FULLY: PAILS IN THE CLOSE OF ESCROW ON THE LAND PURCHASE By THE DEVELOPER THE PURCHASER WILL BE THIS FOR MONTHLY DUES, SHOULD eyy}{/r HE/SHE CHOOSE ,4•J .ACCEPT ��HIS' OPTION. THE DISCOVERY BAY SWIM` & RACQUET CLUES IS :NOT TO BE OWNED OR 'MAINTAINED BY THE LOT PURCHASERS OR BY THE CYPRESS i LANDING COMMUNITY ASSOCIATION. IT ' IS OWNED BY THE HOFMANN COMPANY` AND IS WITHIN THE NEIGHBORING COMMUNITY OF DISCOVERY ''BAY.'' INTRMSTS TO BE CON" You will receive fee title to 'a speci- Pied lot tosgether with a membership in the '`Cypress; Landing Community Association, Inc. , and 'rights to use the common ;area LOC 'TION AM SIZE: This subdivision is located in Contra Costa' County at Discovery Bad'` Boulevard approximately 5 miles east' of Byron, California. 1 f 1a a. r s ♦ iaP� ;.A v s ;nT�•�%r`.tp a $ `p � : tE<< � ;P.k. •$ C a w•o tr f:.. �# i P' ip 'p A _•+. - ; $ p k 1 i f Pap.. • :ile, p _ ,'$e' a}-a: fp � P P t _M # �: s P ,..2• P. R P - a. P_ s.# 'r. 'n • i ,i. • ,.P,p� - �h;iti p sa : i€ m _ � p.$ ai :•,„._ ems# #.. - .y-. - .# _.k_.# P• p.,'�.:. _ -i i• ._.m•aos s: p:. w - € r p{. # � ,#„ .:tf a _. p • # a a :. -` #' p P P=p •t p-. # =p •= o :� :. ! - $ s -' P - : � ;�.+.:-p$»r;S P` : ov -:.i,..c sA •i P # ri �i,p . :€ s �.i; - -. •,. -#+ ;. P la 4.�"T _t. i?# $ a a P .1;.:. ,_ `# - i�. = rp • - • _ :. •.d a� p t :sw^p�•$.p. #.a� ,f ..$ .# s+. ` p a R �# ;•.at ='.imaf _ #•: {:q aa€�. p; e$ � : p ::` �,�. �: "t. { .. .� _�_ - E '-.#. :, -. A i :. ,l::b.. #.a• ,.f ! P :. a P !�. R Y p .$ a: -p R':, s i $ ,#` :P P:P, p. _ e •; _j;..f -.P R E $s,'i � t ® aaD 4 w a a • P t � _ ! #.: su #o,._}€,.4.. ma;a �.. p� •. ,. ^§,.$ eii m # a. _ �.. A m i .� SP .sa `P $ i � • P •. _ 1 P- p...P ee0 pu•.. ® - d a 1 $. •� p • ,• a.: 4. ,•+!- a s$.�. � € *' e# $ - iP: _ �a - a.:. f-. �w � aas. p €. _ ! • oaa •, • ,� A a • t p $ - t # P - a a ! � • a r • $, i .pat. 'p • $.. $. • s- 6 - - ti i •• $ •� p t c • $ # .iaP. •. p � a tl!' PERTINENT STAFF REPORTS Agenda Items# Community!Development Contra Costa County EAST COUNTY REGIONAL PLANNING COMMISSION BOARD OF APPEALS MONDAYAPRIL 14,2003 7.00 P.M. L INT IODUCTIQN FR4NK MCRGA (Appellant)AND FRANK AND KIM MORGAN.AND DAVID ANIS LOR.RAINE SIMPKINS (C.1wnrersl,County File#DP023472; This is an appeal of the Zoning Administrator's denial of a proposed amendment to a final development plan to construct a private gangway to accessan existing community dock.The proposed gangway would be located along the common property line between 17,30 and 1740 Anchorage Way (Lots 11 &12 of Tract 6628), and includes a request to amend the conditions of the final development plan to allow construction of the gangway,which encroaches into the minimum 5 foot required side yards and. 15 foot gear yard bf each lot. The subject lots are located in the Discovery Bay area.(P-1) (ZA--N-28) ( T:3040) (Parcel#'008-051-043 &#008-051-002).MH II. RECO I NDAT t7N Sustain the Zoning Administrator's action and deny the applicant's appeal. T1I. BACKGRC) This matter was heard by the Zoning Administrator on February 10, 2003 and continued to February 24, 2003 for action.At the February 1 Oth meeting testimony was presented,in support of the proposal bey the applicant and in apposition by two area residents.At the February 24 meeting the Zoning Administrator denied the application and indicated that she found that the proposed individual gangway or ramp was not consistent with the original design concept of the P- . project. The original approval Tract 6628) and development plan for the Cypress Landing project in Discovery 13 ay was approved in 1985 for single-family residences with common doers located in Clipper Bay. The project was approved with no direct access from residences to the cluck area.Instead there were three coon access'ramps,to the docks. The concept for this project did not provide for direct access to the docks. The proposed amendment,is to provide a gangway or tramp to be shared by two residences to the common deck area. This was found by the Zoning Administrator to be contrary to the original approval. The purpose of the P-1 zoning district is to have a cohesive design. The proposed modifications to the concept of the project was found not to be consistent with the intent of'this P- I zoning and development plan. The applicant appealed the.Zoning Administrator's action by the attached tetter dated received March 6,2003. The applicant has submitted a large binder for each Planning Commission member. In the public testimony on February 1Oth,;two area residents objected to the proposal and alleged that an approval would have the following detrimental effects: • Undesirable neighborhood precedent, (although acknowledging that two other individual ramps exist) • Conflicts with the project CC&Rs, • Physical effect of the ramps on the docks, • Alleged property value depreciation, • Increased risk of theft and vandalism, • Increased liability, • Offensiveness, • That they,as members of their homeowner's association., did not receive proper notice that their'association had approved the ramps. In response to that testimony,the lengthy binder submitted-by-the-applicant - attempts to rebut the neighbors' objections.The binder also provides evidence of support by the homeowners association and includes petitions in support of the gangways containing, at the time of report preparation, 79 signatures representing 57 residences of the 97-lot subdivision. The staff report'prepared in advance of the February 10f Zoning Administrator meeting(attached)recommended conditional approval of the application. . However;the Zoning Administrator's action reconsidered the issues and in particular found that the original 1985 approval envisioned a different sort of planned development project where there was leas distinction between the on- water lots and the off-water lots. By that 1985 approval,all the residents would 2 0 access the docks by means of the coriamunity gangways.With the current proposal, and especially if more such ramps were to follow,there is the concern of creating,in effect,"second class.citizenship"for the off-water residents. This could be divisive in the.future.operation of the homeowner's association. IV. EI- DINGS LOR DENIAL Planned Unlit District Findings: A request to modify a previously approved Planned Unit.District is subject to a :finding(Section 84-66.1804)'that the proposal i consistent with the intent and purpose of the P-1 district and compatible with other uses in the vicinity,both inside and outside the district. The Zoning Administrator in denying the application found: The proposed individual gangway or ramp is not consistent with the intent and purpose of the original design concept of this P-1 project. The principal issue is the consistency finding of the project with the original P_1 approval.Ifthe proposed modifications to the Development Permit were approved;the request to allow the ramp to encroach into the required side and rear yard would need to be approved as well. V. ALTERNATIVE ACTION Asan alternative to denial,if the Commission determines that the proposed beat ramp is consistent with the original project approval,the Commission may want to approve the modifications to the Development Plan with the conditions of approval outlined in the staff report to the Zoning Administrator dated February' t 0 2003,which is attached. Wcurr-plan\Staff Rzports` PO230?2EC4-I4 3 r 4 C bRL,QPME T PLAID- � QVI �` REQUEST FO 94V12W FRANK MORGAN(Applicant)--.FRANK&ICU MORGAN ALM DAVID &L QRRAINE SSPK NS Owners),County pile#,,DP023072 Reasons)for appeal.- 1. ppeal:1. The findings by the Zoning Administrator were not supported by the evidence. 2. The conditions imposed on the applicant were unreasonable. At the February 10u' 2003.hearing conducted by the Zoning';Commissioner (Aruna Baht, Principal Planner) :there :Fere three people present.out of 97 'residences notified about the public hearing, myself aril two community residents in opposition to the proposed project. Danny parts of the testimony brought forth by the two gentlemen opposed to the project were inaccurate or misleadi ig at best The following will highlight the inaccuracies(that are a matter ofrecord and verifiable).,ana offer the.f n.dmgs and supportive evidence to the contrary. Additionally, I will show why,theproposed conditions on the project were unreasonable and 'how-the whole,process has be discriminatory (based on past practice)'because of nay current County employment status. Testi ony from Febr uaiI71 e Public Hearing:(Mr. -Greg Broshet) "This gentlemen's dock,unless he has traded with someone else is not behind his home." Findings. The dock that runs with the property deed when I purchased my home on. 1730 Anchorage Way is "33-2,V" (See attached boat assignments) and is located DIRECTLY behind my home. This is'a natter of record with the Cypress'Landing Home Owners .Association and I have attached.a list bf all assigned docks for your review.'Therefore,the testimony is incorrect. Testimony:Mr.Broshet _.__—"3 wron't-do- nythin _cin my do k-jtr ihterfere with.him iii.the common area or anywhere else, _ _ _ _ .. _... : Findings. Mr Broshet lives at 2185 Breaker Court, Lot #71 on the Discovery Bay subdivision'map number 6626. His home is located 'approximately 360' feet (as the crow fly's) from my residence and the proposed project. Mx Broshet's boat dock is number A-26(See attached boat assignments)!and is shown on map #01 that I have provided. The proposed project would in O WAY "interfere" with Mr Broshet's ability to freer use his personal boat dock or any other part of the common dock area that he has utilized in the past or wishes to utilize in the futme.'Therefore the testimony is misleading. Testim r- #r �,h_ pny: :-At the time we bought, it was made very,clear to us, at the time we purchased, if you want a Private dock;you have to.go outside Cypress Landing and buy a home with a private dock. hverybody,th4t bought in Cypress Landing chose not to do that, including myself and including eluding everybody on the water" Findings: Before,.1 purchased any home at 1730 Anchorage Way in June of 2002, 1 researched and evaluated many homes within Discovery Bay- What convinced me and any family to purchase .the aforementioned property was, the CONFUUvIATION by the C Ss,Landing Homeowners YPrP Association (See meeting minutes I have provided), Reclamation District 800 and the neighbors.to the subi 6ct property, that installing private gangways for waterfront lionies had been approved. Because of that infortnation and knowing',I would'have,the ability to install a private,gangway, I made thedecision to purchase my waterfront home m* the Cypress Landing Association. Therefore the.',testimony incorrect. Testimony:Mr.Broiliet `I feel that if he builds a private ramp to.that coxnm n dock,it will jeopardize the value of my dock", Findines: All docks in the community development are the same and each,homeowner has legal rights to the specific dock (Boat docks are numbered) that runswith the deed of each home in the ,association. Because the dock runs with the property deed and,you can not sell the dock by itself, the value of each dock is included in the home value and is not measurable to determine the increase or decrease of value, if any. Further more, r.Broshet's assigned boat,dock is more than 360 feet away fi-om the proposed proj ect.Therefore the testimony is misleading. Testimony:Mr.Broshet 4'Also, the-liability incurred because there is not community control now for access to those docks. There is privatepeople controlling access to those docks' and their guests, fhendsi and relatives which Ihave no control over and I thinkthat incurs additional liability to myself". Findings: Every legal homeowner in the Cypress Landing Association has rights to a key farthe three community gangways that access the common dock area. With that right any homeowner is able to give 'access to guests, friends, and relatives at his or her discretion. Access:to any association common area by guests, friends, or,relatives can only be controlled by the legal property owner, of the invited individuals and/or the Cypress Landing, Board of Directors. There is no implied or written agreement Ahat allows foTindividual property owners to control who utilizes the common association areas outside of their own guests, friends or relatives. Additionally all individuals that utilizes the association common areas are covered under the association liability insurance, (See attached insurance policies) and it holds all association homeowners harmless for common area claims unless caused by personal neglect. The cost of that policy does not change predicated on the fluctuation of guests, friends or relatives. Therefore the testimony was incorrect. 2 ............. Testimony:4fr. Broshet "11 feel by them beingable to make that dock private access to that dock it will lower the value my property". .Findings. According to the Contra Costa County Assessor, (See attached statement) home values are based on the past sale prices of comparable homes, in a determined area=surrounding the property being appraised. As home values increase for waterfront homes, soshall the values increase, to comparable homes within the community development on a proportional basis. Therefore the testimony is incorrect. Testimony:Mr.Broshlet feel if they do that they should notify ray insurance company for ray homeowners insurance and pay any increases or future increases. I also would like them to flu-nish a legal interpretation that I am not liable what soever for anything that happens on my dock or around itbecauseof their access,free access to the dock. And 1 would like them to-additionally insure my prpPefty- for them putting-up a dock". Fin dings: All common areas are insured through the Cypress Landing Home Owners Association for liability and no property owner in the association is personally liable for any actions of any person (excluding themselves) in or on the common areas. (Per the Cypress Landing Association liability insurance)Any additions or modifications to personal property such as the proposed gangway would be the personal liability of the property owner that modified or installed,it on their own property. For example, Homes not on the water have,room to install swimming pools and if a guest using the pool happens to drown,no other property owner in the association would he liable for that merely because they were an association resident. Therefore the testimony is irrelevant. Testimony:Mr. Breshet "Article 4 of our uses and restrictions says that each resident shall be used solely for residential purposes. No other use is allowed except as specifically, no residents shall be permanently go--ok;--No,-owp -m. ay-permit or cause 44ythin to be done prkppt upoi-4iu,or about-his lot-wibich-might-bbstruct-or interfere-with therigsofothers;other-owners or.which would be noxious,: harmful or -unreasonably offensive to other owners, to me that ramp is offensive. Because I there are public accesses with all the owners having keys to those docks, that's the way 1 feel it-should be". ZoningAdininistrator Question: "Is it in your CC&R"s,?" Testimony.Mr. Broshet "ryes itis" 3 ........... ...... ZoningAdministrator ator Question; aYMg that y u can't have a gangway onto the property`" Testimony:Mr. Brash& ;Yes it certainly is, yes" Zoning,Administrator,Question: 'It is in your CC&R's,but you understand the Homeowners Association approved this?" Testimony:Mr.Broshet 'Nobody asked me,nobody`advised me I'm a`.owner there and nobody has contacted us, this is the first time I heard about this, I received this in the mail,not very much notice, I think it was Thursday or.Friday and told to be here today,'I had to take off work, difficult to get here, not much time to prepare;" .Findings: In'the "Declaration of Covenants., Conditions and Restrictions" (CC&R.) of gess Landing Article IV covers `-Uses .And Restrictions.".(See attached copy of CC&,R's) .Article 4.1:that was referred to in the above testimony;(only partially read to the zoning administrator) deals with"Use And Occupanev Of Lots And Residents."The following is Article 4'.1 in its entirety. ➢ 4.1 list,An.d'Qggupancy Of Lots And''R.esidents. "Each residenice shall be used solely dor residential purposes. Nbother use is allowed except as specifically permitted by local ordinance. o residence shall be permanently occupied by any more than.two (2)persons per bedroom..No owner maygermit or cause anything to be dine or kept upon, in or about his lot which might obstract or interfere with the rights of other'owners or which would be noxious, harmful or unreasonably offensive to other .owners. Each owner. shall comply with all of the requirements of all governmental authorities, federal, state or local, and all laws, ordinances, rules and regulations applicable to his lot and residence." Auticl.e.4;- speaks to—`Z c parley o lets a °residences,,''not Its the``Use-o coo ou areas." The use of-common',areas are addressed inArt€cle 4.4-of the CCS;R. s and-states the following in its enttirety.>. ➢ 4.4 Use Of Con on ,Area: "All use of common area is subjected to the rules. There shall be no use of the common area except by owners and their invitees. All persons residing within the project may enjoy the use of all facilities in, the common area as `long as they abide by the terms of the project documents.There shall be no obstruction of any part of the common area. Nothing shall be stored or kept in the common area without the prior consent z of the Board. leo alterations or additions to common area shall be permitted without the approval of Ahe Board.Nothing shall be done or kept m the common area which will increase the rate of insurance on the common area without the prier consent of the Board. leo owner shall permit anything to be done or kept in the 'common area or any other part of the project which might result in the 4 cancellation of insurance on airy lot or any pa of the co�.mon..area, which,wpuld interfere with rights of other owners which would be noxious,li rmRil or unreasonably offensive to other owners or which would be in violation of:any goyenun ntal statute, ordinance, .mile or regulation.No waste shall be committed in the common area.. Article 4.4 clearly covers "alterations and additions"(See Attached CC&R's) to common areas and ispermitted with Board approval.Nowhere in the CC&R's:does it say that you can't have a 'gangway onto your Iproperty, as testified to above (See Attached CC&R's,) I;havc Board approval for the proposed project and the entire project is on.rny own private property,-(See attached letter from Assistant CountySurveyor) not over .any common area. (See attached architectural application and Board approval) Therefore the testimony-citingArticle 4 is incorrect and misleading. With aspect to NIr. Broshet's ftestim:ony regarding his lack of notification,cation, the published association. minutes (See 'attached minutes) clearly state that private gangways were tinder consideration and ultimately passed over a period of months, Also the 'Cypress Landing Association"news letter"(See attached)was mailed to all.assciciation members in the month of October 2002, which. clearly notifies all owners that spec�.catIions for private gangways had been developed anal the procedures .for installing a pA to gangway would be.ferthcoa"ing. Therefore Mr.Broshet's testimony regarding his lack ofnotification is misleading. El's OF TESTIMO1`Y aOM lir, BROSRET Testimony,frr am Februaq 1 er Public Hearing: (Mr. Ken Miller) "In the CC&R's I believe the Association and the Board overdid their,their'authorities stating in the C:C&R's of the Cypress Landing, You have no. right to -construct anything over a common area and if its done it has to be dobe by the Association or approval by the Board. Now in'back practice this has been voted by the people three times, ok first tithe after one year when we moved in there'. We did approve one ramp because it was mis-designed, and there were four or five owners on that project that paid for the projects and then which'deeded the right to their ramp over to the Association which was voted on by the members and approved. _.. Jniike' xeg3 a jest a little exvous.' just received_ .applicatio -in-the, i4 f'orfts,new - - ramp,-phoned. the,--Association-up--last-Thursday, -=d--she--exp a ed tci m IPiave-tic-i g ts, - because it is an extension of the exterior of their house.''According to the CC&R's this ramp would be going over a common area, which is from their property line, ah down to our docks which are twenty feet away from their.property Thies about. And um, their was no vote given and back practice, this has come up and we heed 51% of the voters to vote ciu it with a 66 and l3 passing on these individual'tamps which they',never'urn, was passed because of that. My train thing is I wasn't notified,maybe the Board members all live on the water,so they all just voted it in., but they overstepped their authority according to the CC' R's and the tun-, legal, what's that called Greg?. Legal practices, its two or three';sections you have to go around in the CC&R.'s, their kind of complicated'but fids is not an extension of their house or room addition." 5 .......... Findings: CC&R-.s tright ght to approve "aerations or According to Article 4.4 in.the he BOARD has the —6,r 6a t,he toifii the 'rlghi to do common,areas; W.'- additions" to the his in his testmony 4bovI ave.6 wdwproy four :the project attached Board approval). IS& Nfiller also admits in his testimony that other private homeowners have shared in the cost to put in a privategangway from their private homes to the common dock in the past. That private gangway and dock "extension once'completed was they. "deeded.to, the Association with the approval of the Board.All of 66se Jino� caOpnsJbthe onmon dock were done after the origmi 6velopheAt plane ' as .r66orced,with the County. To this day, neither the Association, nor any Association member (other,then the.private'.oWners who shared in the gangway installation),has a key to the,entry gate for the gangway that was deeded to the association. The fact is, the only people that.can-access that,gangw gy, are the private owners I that installed it. The Association is now responsible,for .e:liability.and maintenance costs of the gangwaywhile priv private haye,the exclusive. S. at onipaymIers,­ NIr.Miller also states,that the prooposedga;1gway.-would be.,goig over a cc on area..No part of the proposed ;gangway,_WoUK 9o .bYq,.,any common area (See attached letter from Assistant"County Surveyor.) 173 ..Anchorage Way is 1- ,tebt' deep by: fbet wide Per,the "As built.drawings" (see aiiacon fr6m,contra, Costa*jcQunty, rear,proll" the erty line of,my , e - property falls on top of the common dock byon6 foot seven inches. The c.01111non dock has an ity owners to utilize the common..dock area. easement on my property for other COMMUM I YuTthermore, the Board did not overstep its authority,because it has the right to approve "Alterations and additions to common.areas" under Article 4.4 in the Cypress Landing Association I CC&R's (See attached CC, Ws)without a votebf 51% of Association members. Therefore stating the Board overstepped its authority is incorrect. The testimony also shows precedent for private gangway and dock alterations for some association members, It also is incorrect with regards to the proposed gangway going over common area. Testimony..t r: Miller 49 1 in e if they do allow these ramps urn;you can jump the fence, I don't know if there is going to b any security gates on these ramps,um,we had to improve our security gates on our three gates that we:have now to keep people fronigoing over, there has been um,vandalism down their in the past but since, and theft but since they have controlled the security its been pretty decent --. for-the lastLeri-years." Findings: One of the conditions to receive approval from the Cypress Landing Association Board is to install a lockable gate at the top of the gangway for each property that has access to the gangway.Therefore this testimony is irrelevant. Testimony:Mr.Miller "'Nrow there was one person a couple of years ago that-dil fight us in court and he did win under the disability act, his name was Bert, I forget his last name and he was persistent on having his ramp, so he got his ramp, one in four,with the right that the ramp comes down if he ever moves,its under some disability act A." 6 ........... Finrlinggs; The private ramp in the,testimonyabove,does comiect t e.homeowner',-,private property to the common dock. is 6me.'ain Six x p currently! eminectmg t6 _the common cock. (See attached'photoa) The h6mooWllert has'.iepeived a..letter from the Cypress Landing homeowners .Association that removes the condition that required,him to remove his gangway upon the sale of his property (See'Association mi tes). The lipmoowner vas granted this permission from the Board shortly mer the Board approved private Gangways for waterfront homes. Therefore this testimony i pri vte.yawned.gangways to the common dock at the time of my.application (in addition to the three community gangways),and still.are. Also in spite of the following approvals or no com ments dor my pzopo ed project: ➢ Cypress IggdLmg Home Q:- ers Association:Recommended Approval CCC Bin!ldi hw ct*cn Approval with conditions Environrheital health: ci coaents ➢ CCC Fire Protection District:No,comments ➢ Reclamdtion Diiffiqt 8130:Recommended Approval pownfI)%scoueryBalo comments ➢ )elta R.esoIrce Protection commikion:No response ➢ California Department of Fish and Qgmg.No response 3. Shortly.after meeting at theproposed.job site with Mike Henn,the County Project Planner, he released a report (See attached report)recommending the proposed project be approved with eightcon.diti:ons. lvlr.'Henn also,,sent. out public he�g notices to -all. ninety seven homes in the Cypress Landi�rg Association ven tliougli'the requireniont is only 300 feet from the applicant property. If the .-nnotices were:sent to hoe .�vitlin 3013 feet 4fmy property, that would of included 35 hares, (non.of which,voiced any eoricerns about'th proposed project)not 97. 4. At the public 'hearingib. front of the Zoning Administrator on February lot", there were three people present to speak on the gangway issue, including myself. Both of the gentlemen that Oppose'tlle project live on Breaker Court(2185 &2145) approximately 420 feet and 600 feet.respectfully, from the project property. The testimony given by the two gentlemen that appose the project was fall of incorrect, (I have detailed above) misleading, and:completely inaccurate statements. I feel.I was subjected to this unnecessarily due to the over aggressive publicnotification.. 5. Because.of the comments at the public hearing the Zoning Administrator took the issue under submission for fourteen days (February 2e hung) to decide the matter. This has further delayed the project that had onlytwo opposing individuals out of the eight agencies nor# od_ d_9' _he cr vners-in th cc u ty-dev l pr ent.That-repre ents lessn 2- --th % 6, At the February 2e Zoning meeting,my application was denied..The reason for the denial was as follows: "Subdivision number 5528 and development plan for the Cypress Landing Project %n Discovery lay was approved in 1985 for single family residential units with common docks located-in.the Cypress Bay. The project was approved with no direct access from residences to the dick area, The proposed amendment to provide a gangway would provide direct access from two residences to the common dock area... This is contrary to the original approval. The purpose of the;P1 Zoning District'is to have a'cohesive design. Potentially each one of the property owners along the grater could have a direct correction to the common walk way easement 8 , 1 area. The proposed modification changes the concept of the project and is not consistent with the intent of the Pi zoning district." The denial is not consistent with the Planning Departments own stuff recommendation, eight solicited agency's,ninety-four homeowners that did not voice any,opposition to the proposed plan, and past practice of three other gangways (not including the community gangways) installed from private property to the common dock. Yet the testimony by two gentlemen that oppose'the project who had NO evidence to support their incorrect and misleading claims was the influence behind the denial. All supporting factors that showed C. VERWHELNUNG 'support for the proposed project appears to be discarded as irrelevant. The Zoning Administrators denial reasoning could have been expressed long before I submitted my application. and $1,400. If it was the intention of the Planning Department to deny any modifications to PI Zoning areas, there was no need for public hearings, or$1,000 fees. 7. VAile discussing the denial of my'project with the !Project Planner Mike Henn, he expressed to me that the Zoning Administrator (Aruna Bhat, principal Planner) "felt that this issue should be heard by a higher authority" (East County Planning Commission) and if I appealed the matter it would be referred to the East County Planning Commission. This is another indication to me'that because of my employment status with the County the Zoning Administrator didn't want to make a decision on the application that would look like preferential treatment. Now I will have to file an appeal at my expense. ($125.00 and could be more based on staff time and materials) The cost of this process and the projected dost of the conditions outlined in the staff report recommending approval, will total over $2,500 which is more that my total cost of the proposed project. Summery: It is clear that the findings to deny my proposed project by the Zoning Administrator'was not based on the evidence. The opposition testimony heard by the Zoning Administrator was largely inaccurate and misleading (See enclosed audiotape.)' Additionally the Zoning Administer never surveyed the project site to see for herself, the past practice of private gangways'within the Cypress Landing Association. I realize that surveying the project site is not'required, however, had she dune that she may have come to the same conclusion the Planning Department's Project Manager did. That the proposed project is consistent with the surrounding area and would have NO.adverse effect on the rights or the ability of Association -- -- ---homeowners too freely use-91-1-common-areas.- Since atl-common-areas:Since the denial by the Zoning Administrator, I have collected 54 signatures that represent 33 homes out of 97 homes (See attached.list, I still am in the process of collecting more) in the Cypress banding Association to further show the overwhelming' supper f:r the proposed project. Many of the signatures are from "Off water homes" which clearly shows the broad support for the project.; Th you for your consideration, Frank Morgan Applicant 9 Agenda Item'# Community Development Contra Costa County COUNTY ZONING ADMINISTRATOR MONDAY, FEBRUARY 10, 2003 L Il tTRC)DLTCTION FRANK 1vIC)RGAN(Applicant),FRAI`+KAND KJ--M MQRQAN ANf3 DAVID AND LQRRAINE SUNIPII'S(Owners), County File#DP023072: The applicant requests approval of.a proposed amendment to a final development plan to construct a privategangway to access an existing community dock.The proposed gangway would be located along the common property line between 1730 and 1740 Anchorage Way(Lots 11 & 12 of Tract 6628), and as proposed,a request to amend the conditions of the final development plan to, allow constructionof the gangway,which encroaches into the minimum 5 toot required side yards and 15 foot rear yard:of each lot. The subject lets are located in the Discovery Bay area.(P-1) (ZA:N-28) (CT:3040) (Parcel#008-051-003'&#008-051-002).'Mij II. RECOMlV1ENDATION Staff recommends: A. Approval of the proposed request with conditions_ B. The Zoning Administrator direct staff(the project planner)to request that the Cypress Landing Homeowner's Association propose an overall'amendment to the Final Development Plan to accommodate M. GENERAL,INFORMATION A. General Plan: The General Plan Designation'for the site is Single Family Residential Medium.. B. _Zoning: The site is zoned.Planned Unit]district(P=1). The P-1 is based on an approved Final Development Plan(File#3026-85)for S2 residential water-recreation development. The approved project constitutes the land use regulations. C. MA Status: The proposed use is categorically exempt under CEQA,' (Guidelines Section 15303,(e),Accessory or Appurtenant Structures). D. Previous Applications:None E. Regulatory Programs: 1. Flood HazardArea:..The portion of the site where development is proposed lies within,a special flood zone designated by the Federal.Emergency Management'Agency,Flood Zone `A-2'. It has been established that the base flood,elevation for that zone is 8 feet ADSL.' Prior'to issuance of a building permit;the applicant will be required to obtain a floodplain permit from the Floodplain Technician at the Application.and Permit)Center. IV. SITE/AR.EA DESCRIPTIfJN The site is within a water-oriented single-family residentialsubdivision within Discovery Bay. The 97-lot subdivision(Tract 6628, Cypress Landing)was approved in 1985 as part of a.larger planned development. The area is accessed from Discovery Bay Blvd. and'Sand Point Road. The focal point of the project is amanmade water lagoon on which some of the residences'within the project back onto. The project was conceived and initially developed to provide community access to the water via community walkways and floating docks that line the shore. While the docks are largely on privately held lots,they are located within.a 15-foot wide community easement. The docks provide access to boat berths further out in the water; these berths are located on a parcel that is retained by the subdivision developer,New Discovery Inc. Attached are copies of the subdivision final map and aerial photographs with superimposed property lines to show the -- - -division ofproperty-s'd location-o-f-easements:--- ______ Subsequent to the initial subdivision development,in two instances(one involving access for someone physically disabled),residents of lots backing unto the water have constructed private gangways to provide direct access onto the-.community dock. All other lets within the subdivision have access only from community walkways. The subject two lots have access to the water at the rear. S-3 V. PR0PSED PROJECT The adjoining lots owned by the applicants are located on the west side of Anchorage Way.'These lots back to the water,but they do not have their own' gangways to get to the floating dock,located further to the rear. Residents of these lots,like the others in.the area,must go to the community access ways at the ends of the block to access the docks behind their homes.The two applicants, the Morgans and the =ar ,propose to construct a single private joint access gangway frozyards out about 20 feet to the existing dock. This would provide direct access to the boat docks. The ramps would be metal with a landing of marine plywood with an all- weather, non-slip surface to match the existing dock. Because of tidal differences,the ramp,at the downhill end,must be able to roll back and forth several feet to reflect the changing water levels. So that the bottom of the ramp or,gangway, as it rolls back and forth, does not obstruct the existing dock, an extension,or landing of about4 feet zinust be added to the dock on the landward side to accept the gangway. VI. AGENCY COMMENTS A. Buildjag Inspection: See attached comments dated January 9,2003. B. Environmental Health:No comments. C Contra Costa Fire Protection District: No comments. D. Reclamation District 8€30: Recommend.Approval. E. Cress Landing Homeowner'sAssociation• See attached letter dated December 12,2€02,recommending;approval. F. Town.ofDiscovery Bav: No comments. - — - --- G.The-fo11O iAgl ncks-w-ere for-comment rquest but-ne - commentswere received about this ggplication: • Delta Resource Protection Commission # Califomia Department of Fish and Game VII, PUBLIC C�2MMENTS No comments'were received. VIII. STAFF'ANALYSIS/DISCUSSION S-4 A. Appro�riatemss ofUse: The proposed gangway project is small and designed to be visually compatible with the existing dock.As such it would have minimal impact but it does raise issues of precedent. Presumably,if this;application is approved,it is reasonable to expect other waterside lot owners would make the same request:Would a multitude of individual or joint gangways be detrimental to the overall project`? Would it create conflicts between the waterside lots and the interior lots that must depend on the community access ways? Staff suspects that there would not be a detriment from the project nor from there being additional gangways that are appropriately designed;and maintained. However, in the spirit of maximizing public participation in what is largely a private area,outside of public view or access, all property owners and residents of the affected Planned Unit Development are invited to provide their input. B. Encroachment into Setbacks: The conditions cif approval'ofthe' original 1985 subdivision.required that there be 5 foot Minimum side yard and 15 foot combined side yards,and 15 foot rear yards. The ramp,its railings and landing would encroach into the side and rear setback areas of both lots in question. Staff does not believe that this would have an adverse impact because of the small size of the encroaching structure and because,if the side yard encroachment was not granted, and access was approved,!there would be a necessity for two separated ramps. The co-location of ramps should be encouraged in order to minimize the potential number ofthem.Declamation District 800 wants shared ramps to minimize,'their potential number. The two project applicants have provided evidence of their willingness to provide crass easements to allow both parties to access the full ramp width.' Based on data in the County's digital library(aerial''photo'with superimposed property lines),the submitted site plan does not appear to be accurate in its placement of the rear property line. icor does it show the location of the existing 15-foot wide(community recreation) private mooring easement, or the 35-foot wide slope easement within - -- --the rear-yard-ofthe-affected-lots-as shote on-the- tal-map.-The property lines and easements should be delineated on a revised site plan based on a survey prepared:by a licensed surveyor prior to issuance of a building permit C. Ordinance Findings Required f� or Approval of a Proposed'Amendment to the Final Development Plan Before an amendment to a final development plan may be approved, the County must make two findings: A. That the proposed amendment meets the intent and purpose of the planned unit zoning district;and B. That the proposed amendment will be compatible with surrounding, uses. Based on the comments received to date from the community,and staff's review,the 'ect satisfies both ofthose required findings. PrOJ Ix. CONCLUSION Staff has determined that the proposed project is appropriate for the site and recommends approval subject to the following conditions of approval. , G-,Nc=lIan\SuCR.eports\DPO23072-b.sr,morgan CONDITIONS OF APPROVAL FOR PROPOSED AMENDMENT +IL #PP613072 TO ALLOW A JOINT GANGWAY TO CONNECT T€)A COMMITY DOCK IN TDISCOVERYBAY AREA (Morgans and SY�cnpins Applicants & fawners) l, General Approval and Requirement for Revised Site Plan Prier to Issuance l of a BuildingPert-Development shall be in general accord with the plans submitted with the application, subject to final review and approval ofthe Zoning Administrator prior'to issuance of a building permit. Prior to issuance of a building permit,the applicant shall.submit a revised site plan of existing and proposed development based on a survey prepared by'a licensed survey that accurately delineates the location of the rear property line and both private mooring and slope easements within the rear of the two lots. 2. Evidence dExecution of a Cross-Access Easement Between Two Lots - Prior to the issuance of abuilding permit the applicant shall provide evidence for the review and approval of the Zoning Administrator that the proposed crass easements granting shared ramp access to Lots 1'1 and 12 have been recorded and will run with the land. 3. Building permits shall be Obtained for the new dock and ramp. 4. Design of Ramp/Railings and Landing-The design..,specific colors and materials of the ramp,railings and landing shall be of a commercial-grade quality subject to the review and approval of the Zoning Administrator prier to issuance of a building permit.' Prior' to the submittal of the plans to the Community Development Department for building permit ,the applicant shall provide written evidence that the Cypress Landing Homeowner's Association and — - - - - --th-e-owner-of---the-adios triia"ater body pr-operty-eontai.'- g-#he -- -- attached boat berths (APN 048-050-007,New Discovery Inc.)have been provided an opportunity to review and comment on these aspects of the project. 5. Maintenance Resgonsibilities and Requirement'afAMlicants to Offer to Eater into Agreement with HOA- The owners of Tots 11 and 12 shall be and remain responsible for the upkeep'and maintenance of the ramp,railings and landing, Prior to the issuance of a building permit,the owners shall provide written evidence for the review and approval of the Zoning Administrator 2 that they have diligently pursued an agreement with the Cypress Landing Homeowner-s Association to require the owners of the private lots to diligently and in perpetuity maintain these facilities as'long as they remain, and to allow such an agreement,if agreed to by the HOA,to be recorded to run with the land. The cost of preparing and processing such an agreement will be the exclusive responsibility of the applicants. b. Permitted Construction Hours-All construction activities shall be limited to the hours of 7:30 A.M. to 5:00 P.M. Monday through Friday, and shall be prohibited on.state and federal holidays;. 7. Parnentof ggy Due.Suplemen,tal Applications Fees.—This application is subject to an initial application fee deposit of$1000, which was paid with the application submittal,'plus time,and material costs if the application review expenses exceed the initial fee deposit. Any additional fee due must bepaid prior to issuance' of a building permit commencement or 6i0 days of the effective date of this permit,whichever occurs first. The fees included costs through permit issuance plus five working days for file preparation. The applicant or owner may obtain current cost by contracting the project planner. A'bill will be mailed'to the applicant shortly after pest issuance in the event that additional fees are due. Pern2 it C ompliance R eport and P rocessin F ee-- At least'7 days prior to requesting a building permit, the applicant shall provide a report to the Community Development Department for the review and approval of the Zoning Administrator.,' The report shall indicate how the applicant has fulfilled each of the permit conditions of approval, and shall be subject to a fee covering all staff time and materials payable prior to issuance of a building permit. An initial fee deposit of $500 (checks .may be made payable to the County of Contra Costa) shall accompany the submittal of the compliance report. ADVISORY NOTES THE FOLLOWING INFORMATION DOES NOT CONSTITUTE CONDITIONS OF APPROVAL. IT IS PROVIDED TO ALERT TIRE APPLICANT TO LEGAL REQUIREMENTS OF THE COUNTY AND OTHER PUBLIC AGENCIES TO WHICH THIS PROJECT MAY BE SUBJECT. J A. NOTICE OF 00DAYOPPORTUN TY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, €)R OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERNUT This'notice is intended to advise the applicant that-pursuant to Governin t Cade Section 66000,et'seq.,the applicant has the opportunity to protest Fees,dedications, reservations, and/©r exactions required as part of this project approval. The opportunity to pretest is limited to a 90 day period after the project is approved. The ninety(90) day period in which you may protest the amount of any fee or the imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the d ate this p emit was approved. T o b e v alid,a protest must be in writing pursuant to Government ';Code 'Section 66020 and delivered to the Communityy Development Department within 90 days of the approval date of this permit. B. Comply with the requirements of the Building InspectionDepartment. The Building Inspection Department has indicated the''following for this project. 1) Building permits will be required for the new deck and ramp.'' 2) All work must,be done in compliance with 2001'CBC if available. 3) Plans and specifications shall be submitted for review and approval.' 4) Structural'design calculations may or may not be required depending o the complexity of the structures. S) If a soils report is available for the site, it should be provided'in the submittal for building permits. The Building Inspection Department may also require that the property be surveyed as part of the building penrit requirements. C. Cornuliance with Floodplain Managrement Ordim me - The proposed improvements lie within a special .flood zone, Zone A-2. prior to issuance of a building permit, you will be required to obtain a floodplain permit from the Floodplain Technician in the.Application.and Permit Center. Prior to requesting a building permit,it is recommended that you contact the Floodplain Technician to — -team the-Caunty r-equirements by-cal g 33-5-13-7-5-. - --- -._: . - - D. Comply with the requirements''of Reclamation District 800. GAcumntpiamingicarr-planlstaffreports\#023072.coa ` i- 3 'NIM.�'p!."' 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M � �� � � _ iaia� '"' i yarn S WWWLy� '#"ss«o + Z _i�a*1+ fiI =ii11♦I N1Mi{rY lyYMi� �� O Z��� ': ; Mir.}M�+F+i v6►Mraifyf�R i4�. � ia --. '�.•� !_ :N� `�It r #iaaialkiialal�iFaN iiiiiYYYYY `�����g�,r��`AI � ry `}-. ,• a 5 0 O • 5 B f> sd r { I E Arl Ri dt .' 19 � � e a �- ra 3Lt ' ' 1 w vi MOM jU 0 m :E a' o N z i fYs 4Ai �r W aaaoa�a a°i ! � f P 8 "P#`9P4T'y7X 177#y"#i �ee'a a>, .w� rswwar.� a i #� # a ' # ###i 6-03a3dSaeFs eY Jy '_— Yt�a{sd S Bep T A ydsiid R daa 0 SedB eaa33348t F4weQpdpaadd88� _ an e�dd88 � F 6 M dsa a a Q .k o i El c---t HI >rl 2A r� - CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT ENGINEER: Walter E. Eagle & Assoc., Inc. SUBDIVISION NO.- 6628 1380 Galaxy Way Concord, California 94520 ASS'ESSOR'S PARCEL NO. 09-230-06 OWNER: New Discovery, Inc. ZONING DISTRICT: P-1 P-. 0." Box 907 Concord, California 94522 APPROVAL, DATE: July 16 1985 This matter not having, been appealed within t-he time prescribed by law, the subdivision is hereby granted, subject to the attached conditions. �- ANTHON R. H SUS Dire r o C muni velepment By: a vey E'.' a' Vin, Assistant 'Director PLEASE NOTE TKAPPROVAL DATE, as no further notification will be sent by this office. Unless otherwise provided, you have 30 months from the approval date to file the FINAL MAP. CONTRA COSTA COUNTY COMMUNITY D'EVELOP'MENT DEPARTMENT APPROVED PERMIT APPLICANT. New Discovery, Inc. APPLICATION NO. '3026-85'' P. 0. Box 907 Concord, California 94522 ASS'ESSOR'S PARCEL NO. 09-230-06 OWNER: (Same as above) ZONING DISTRICT: P-1 EFFECTIVE DATE: July 26, 1985 This matter not having been appealed within the time prescribed by law, a permit for i-s hereby granted, subject to the attached conditions. ANTHO A. D A US Di' or of o unity vel°opment By: a ey E. do Assistant Director Unless otherwise provided, THIS PERMIT WILL E E ONE YAR fr the effective date`, if the use allowed by this permit is not established 'within th t time. P1 FASF Nr)TF THE EFFECTIVE DATE, as no further notification will be sent by this office. f. CONDITIONS FOR APPROVAL 3026-85 and TENTATIVE SUBDIVISION MAP.6628: 1. The Final Development Plan for 3026-85 and tentative Subdivision Map 6628, Cypress Landing is approved based upon the plans submittedMay 31, 1985 for 97 detached units which may be modified by these conditions. 2. Streets shall' be built to public streets standards having 32' in a 50' right-of-way, except for the private street serving late-.19 to 24 which 'may remain private as shown' and. shall be posted' for no parking tri be enf6rced by the Homeowner's Association. 3. The minimum front yard setback shall be 151, with all garage doers having automatic rollup door openers. Other dimension requirements for house 'location shall be 5' minimum sideyard: with an aggregate of I51, Rear yard shall be 15' minimum. Any deviation from then requirements shall be subject to Administrative 'review by the Zoning',Administrator. 4. Landscape plans shall be submitted for review by the Zoning Administrator prior to; the recordation of the Final Map. This Includes Lots A-F. 5. The maintenance of the common areas lots C, 17 (along Sand Point Road),'E and F shall be under the-jurisdiction of Discovery Bay:..maintenance District M-8. 6. The details of the maintenance and management of the mooring facilities:, shall be provided by a Manatory' Homeowner's Association. Copies of the C.C.& R. and Lots rA", 11111'I and south' portion of "D"" for the Homeowner's Association shall be submitted for Zoning Administrator review and approval prior to recordation fo the Final Subdivsion Map. 7. Street'nam es shall be submitted for review and approval of the Zoning Administrator prior to recordation of the Final Subdivision Map. 8. Comply with the provision of the Byron Fire Protection District. 9. Comply with drainage, road improvement, traffic and utility requirements as,follows: A. In accordance with Section 92-2.006 of the County Ordinance Code, this subdivision shall conform to the provisions of the County Subdivision Ordinance - - -- ---(Title-9}•--Any-==sacceptionslier_efrom must- be-- ecifcally listed in this conditional approval statement. B. The following exception to Title 9 is permitted for this subdivision: i. Section '98-6.404, "Grades'"- Minimum Limits" and Section 98-6.010 "Vertical Curves" subject to approval of the Public Warks Department C. As required by County Subdivision Ordinance (Title 9), construct''curb, 4-foot 6- inch sidewalk (width measured from curb face), necessary longitudinal : and transverse drainage, and necessary pavement widening on Discovery Bay Boulevard, Sand Point Road and Seal Way. The face of curb shalt be located as specified by the Public Works Department Page D. All interior, subdivision streets, as indicated on the Tentative Map, shall be dedicated '.to the County and constructed to County public road standards. The right of way for these streets shall be 50 feet. The radii for the cul-de-sac right: of way shall be 44 feet. E. Construct the private street serving Lots 19 through 24 - to private road standards. F. Prevent storm drainage, originating on the property and conveyed in a concen- trated manner, from draining across the sidewalks and driveways. G. Comply with the thoroughfare fee ordinancefor Mate Highway 4 as adopted by the Board of Supervisors. H. Comply with the drainage requirements of the Reclamation District'800 and the Discovery Bay Reclamation and Drainage District. I. Comply with the requirements of Sanitation District No. 19 Ordinance. NLHsvpl9sub 7111[85 n O „ ti +. �Ci iD W 0 A SA Akin 00000 y �J �f f r ;D U"M Uj 1 _ NWm ti� rc ��yt ` RVQ I;3• LJ! j� itonv Vi ifs d3�9i 5r zi - y p 13 --,j ID VI i �•9 in n BAT;? rO b nJ ., W. Z Dm,m �r•rre (� w e .n o ti h co . q!t��1 Y y s '.n -.• �� i79... necs� ���� �. �✓ m. �'m'-,5 F m ~ C-) sw CYI m Ul rn 1� rak 9 ♦� �A� x s c Fp pi� �� � c3� `-nw um •v i �° �1," 'umr'' �i.�1— a p g fy exp §#`- � -(� ul p_• ,•.r � fr•yy,^ a = ��� w F m y s vs ! a pY �M b g it fkA t�'a (� rFB7`OaD�'xStATE �`b s9 phi 9 9 rjo m A Dn n w„ ud f1 ar m 0 Z ` v ct y y 1iS iry �r+Q V {'. K PLANNING INQUIRY -- EN'T'ER PARCEL- NBR 008 '- 010 007 PCL NO 008-010-007-6 SITE NO ADDRESSDISBY USE CODE 87 100.0% I OWNR NEW DISCOVERY INC NOTF P O BOX 907 94522 C/O GOY,"FULLER, CONCORD CA PLANNING PLAN AREA TO **** TRA 60016 ** * SPEC/RED PLANT FROM 009-230-007-8 EAST DIABLO FIRE PARK DED LAND- EMS - 1 ZONE $ ZONING` IMPR EMS - 1 ZONE C CENSUS TRACT 3040.00 TOTL- EMS - 2 ZONE D SEISMIC ZN Co SERV AREA M-8' GENRL PLAN WA FLD HZD ZN EL CO SERV AREA P-6 SCHOOL 'FEE DRNGE FEE CC RES CONSV SUP DIST 3 ACREAGE MOSQUITO ABATE 1 DESC T06144 L B CYPRESS BAY DISC BAY COMM SVC **APPLICATIONS** EAST BAY REGNL PK AG DP PL NO. CD DESC LOT C 'APP RCVD HRNG/FNL ST EAST BAY REG PK BD LIBERTY HIGH LIBERTY BOND 2001 *BYRON' ELEM 01/30/2003 LFP2763 HIT PA1 FOR OVERFLOW LFF2763 Building ding nspection � r Carlos Bettodano Department Director of Bullchng Inspection Costa County Administration Building V�� � 651 Pine Street,3rd Floor, North Wing Martinez, California'94553-1295 (925) 646-41018 FAX (925)646-1219 January 9, 2003 Contra Costa County Community.Development Department 651 Pine Street' Martinez, CA 94553 Attn: Mike Henn Subject: File#DP023072 Dear Mr.Denison: The following are Building Inspection comments for file DP023072: 01. Building permits will be required for the new dock and ramp. 02. All work must be done in compliance with 2001 +CBC.if available 03. Flans and specifications shall be submitted for reviewed approval. 04. Structural design calculations',may or may not be required depending on the complexity of the structures. 05, If a soils report is available for the site it should be provided in the submittal. If you have any questions,please call me at 5-1165,. Sincerely, ., t '�/Z Deborah A. Sandercock, S.E. Senior Structural Engineer Cypress Landing;Homeowners Association;, Discovery Say, CA December 12,200 County of Contra Costa Planning Department 651 Pine Street—4th Floor Martinez, CA 94553 Re: CYPRESS LANDING HOMEOWNERS''ASSOCIATION Gangways Dear Planning'Department: The Cypress Landing Homeowners Association in Discovery Bay, Board of Directors approved to allow waterfront homeowners to install private gangways from their personal property to the existing community dock. There are currently community gangways that will not be .altered in any way by this request. All homeowners (waterfront or not) would continue:to enjoy the free and unrestricted access to the dock. There are three gangways that were installed as part of the original development to allow access from the common area to the community dock. In addition two gangways have been installed.One Is approved and recorded with the County under the American Disabilities Act and is solely used by the homeowner who installed it. The second is a::private gangway that is shared by multiple homeowners who all have recorded easements threw adjoining properties to access the shared private gangway. The Association has,approved two types of installations. The.first would be installed directly behind the homeowner's property for their personal and private use. The second type, and encouraged would be installed on the;property line dividing two adjoining properties. In this case, each neighbor'will be required to record an easement granting each other the right to access the shared gangway on the property line. This will reduce the number of total gangways and the cost to individual homeowners. In both installations, property owners must follow the Association's guidelines and specifications for gangways including a recorded addendum to the original deed of title. ___Bbltlh types of gangway installations will require the following approvals: Cypress Landing Homeowners Association, Reclamation District 800 approval, Town of Discovery Bay, and the Planning/Building Department of Contra'Costa:County. Thank you for your time and consideration. If you have any questions, you can reach Rosie Rivera at (925) 887=1855' x27 or mail to Cypress Landing Homeowners Association c/o Homeowners Business Management, Inc.,Attention: Rosie Rivera at 1855 Gateway Blvd., Suite 340, Concord, CA 94521. Sincerely, CYPRESS LANDING HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS OTIFICATION LIST SM0 th reed SheetSTM Use template for 51600 008 010 007 008 051001 New Discovery Inc Tom&Betty Sugimoto Jr. PO Box 907 170 Wortham Ct Concord.,'CA 94522 Mountain View,CA 94040 008 051 002 008 051003 008 051004 David&Lorraine Simpkins Frank&Kfinberli Morgan Michael&Diana Merizon 1740 Anchorage Way 1730 Anchorage Way 1724 Anchorage Way Discovery Bay,CA 94514 Discovery Bay,CA 94514 DiscoyeryBay,CA 94514 008 051005 008 051006 008 051007 Richard Tre Nelson Kenneth&Michele Hitch John&Laura Hansen 1710 Anchorage Way 1700 Anchorage Way 2096 Sand Point Rd Discovery Bay,CA 94514 Discovery Bay,CA 94514 Discovery Bay,CA 94514 008 05160-8' 008 051 009 008 051Old Louise Tre Massante Ronald&Sharon Ltre Martin David Cavgha PO Box 1925 2076 Sand Point Rd 2066 Sand Point Rd Discovery Bay,CA 94514 Discovery Bay,CA 94514 Discovery Bay,CA 94514 008 051 011 008 051 012 008 051013 William&Neva Burdick Norbert&Betty Tye Edward&Cynthia Smith 2056 Sand Point Rd 2046 Sand Point Rd 2036 Sand Point Rd Discovery Bay,CA 94514 Discovery Bay,CA 94514 DiscoveryBay,CA 94514 -008 051014---- 008 051015 - -008051016 Dale Bathel&'J Tre Marlanna Jason&Jennifer Liebreich David&Diana Dreif'ort 2026 Sand Point Rd 2016 Sand Point Rd 3601 Valley Oak Dr Discovery Bay,CA 94514 Discovery Bay,CA 94514 Brentwood,CA 94513 008 051 017 008 051018 008 05101-9 Calsale John Del Samuel James Tre Christoff Robert&Joyce Sutay 2071 Montauk Ct 5000 Cabrillo Pt 2651 Montauk Ct Discovery Bay,CA 94514 Byron,CA 94514 Discovery Bay,CA 94514 Cypress Landing Community 0080-51020 008.05.1021 Associates Hofmann Construction Co Hofmann Construction Co ._ 1$55 Gateway Blvd, Ste 340 PO Box 907 PO Box 907 Concord, Ca 94521 Concord,CA 94522 Concord,CA 94522 008-051-022 008 051 023 008 052 001 008 052 002 Landing Community Asso Cypress Ronald&Shirley Anderson Lawrence Moser 1185 2nd St#G-1-1 2041 Montauk Ct 2031 Montauk Ct Brentwood,CA 94513 Discovery Bay,CA 94514 Discovery Bay,CA 94514 008 052 003 008 052 004 008 052 005 Brian&Michelle Goodman Evelyn Tre Buckminster Jason&Jeannette Krassow 2021 Montauk Ct 2011 Montauk Ct 2001 Montauk Ct Discovery Bay,CA 94514 Discovery Bay,CA 94514 Discovery Bay,CA 94514 a(} 4 r slagel ssaippV OMM%f 0€}8 052 006 008 052 007 008 052 008 Michael&Gwendolyn Shipley Kent&Barbara Mckinnon James&Susan Heninger 2002 Montauk Ct 2012 Montauk Ct 2022 Montauk Ct Discovery Bay, CA 94514 Discovery Bay,CA 94514 Discovery Bay,CA 94514 008 052 009 008 052 010 008052011 Paris Sellers Daniel Vanhise Michael Shipley I 2032 Montauk Ct 2042 Montauk Ct 2052 Montauk Ct DiscoveryBay,CA 9451.4 DiscoveryBay,CA 94514 DiscoveryBay,CA 94514 008 052 012 008 052 013 008 052 014 John.&Monica Mccombs James-&Patricia Conley ( Frank&Jacqueline Castillo 2062 Montauk Ct 2065 Bowsprit Ct , ' 2055 Bowsprit Ct Discovery Bay,CA 94514 Discovery Bay,CA 94514 i Discovery Bay,CA 94514 008 052 015 t 008 052.016 008,052 017 Gerald Wayne Tre Duit Denise Thompson Larry&Sylvia Mayer 2045 Bowsprit Ct 2035 Bowsprit Ct 2025 Bowsprit Ct Discovery Bay,CA 94514 Discovery Bay,CA 94514 Discovery Bay,CA 94514 008 052 018 008 052 019 008052020 Scott&Carol Mccool Julio&Elza Hinostroza ; Gonzalo&June Chayrez Sr. 2015 Bowsprit Ct 2005 Bowsprit Ct I 2000 Bowsprit Ct DiscoveryBay,CA 94514 Discovery Bay,CA 94514 Discovery Bay,CA 94514 008 052 021 008 052 022 008 052 023— — — Russell Poffenberger Gerald&Dorothy Tre Sandlin Sylvia.Ahrens 2010 Bowsprit Ct 2020 Bowsprit Ct 2030 Bowsprit Ct Discovery Bay,CA 94514 Discovery Bay,CA 94514 Discovery Bay,CA 94514 00905202-4 008 052 025 '008-052 026 Daniel Mickelson Marion Chan&Richard Shep Woo Ronald&Staci Harpole 2040 Bowsprit Ct 2050 Bowsprit Ct 2060 Bowsprit Ct Discovery Bay,CA 94514 Discovery Bay, CA 94514 Discovery Bay,CA 94514 008 052 027 008 061001 008 061002 Lusk Company, Michael&Wanda.Tomaselli Douglas&Joelle.Pacos. 6250 Village Pkwy 1840 Anchorage Way 1830 Anchorage Way Dublin,CA 94568 Byron,CA 94514 Discovery Bay,CA 94514 008 061003 008061004- 008 06-100-5 Paul Chasteen Dave&Roxanne Ducheney Robert&Leslie Wielenga 1820 Anchorage Way 1810 Anchorage Way 1800 Anchorage Way DiscoveryBay,CA 94514 Discovery Bay,CA 94514 Discovery Bay,CA 94514 008 061 006 0080-61007 008 061 008 Nancy Wenske Donald Wells Ladonna Kay Whitaker 1790 Anchorage Way 1780 Anchorage Way 1770 Anchorage Vinay Byron, CA 94514 Discovery Bay,CA 94514 Discovery Bay, CA 94514 AnTf ini a-CIt YFit!-n-i zcn G'Ta7,6PA t'L'k t iE1('AR6liC' 519pl ssajppv aAU3AVjj 00.8 061009 008 061010 008 061 011 Anthony&Slerie Corsello Todd&Jackie Park Robert&Rita Luther 1760 Anchorage Way 2250 Biscay Ct 2260 Biscay Ct DiscoveryBay,CA 94514 Discovery Bay,CA 94514 Discovery Bay,CA. 94514 008 061012 008 061013 008 061014 Mark&Tracy Bradley Gene Lenfest Julie Garcia&Brian&Eli Granados 2270 Biscay Ct 2280 Biscay Ct ! 90 Madera Ct Discovery Bay,CA 94514 Discovery Bay, CA 94514 Danville,CA, 94526 008061015 ! 008 061016 008 061 017 Landing Community Asso Cyprus Landing Community Asso Cypress Hofmann Construction Co 11852nd St#G 1-1 1185 2nd St#G-1-1 PO Box 907 Brentwood,CA 94513 Brentwood,CA 94513 Concord,CA 94522 008 062 001 008062-002 008 062 003 j John Day Dale&Diane Davidson A M Celoui&L Tre Carole 2135 Largo Ct 2125 Largo Ct 2115 Largo Ct Discovery Bay,CA 94514 Discovery Bay,CA 94514 Discovery Bay, CA 94514 j 008062004 008062 005 008 062 006-- - - Gail Pinnell&Mary Vinciguerra Kyle&Shannon Morton M David Fletcher 2105 Largo Ct 2095 Largo Ct 2085 Largo Ct Discovery Bay,CA 94514 Discovery Bay,CA 94514 Discovery Bay,-CA 94514 008 062 a07 -008061008 '008 062 009 Michael Brown Daniel Matson Barton&Cynthia Buxton 2075 Largo Ct 2070 Largo Ct 2080 Largo Ct Discovery Bay,CA 94514 Byron,CA 94514 Discovery Bay, CA 94514 008 062 010 _1008 062 011. 008-062012 _ Wayne&Dena Fenin John&Suzan Kitching David Denser 2090 Largo Ct 2100 Largo Ct I 2110 Largo Ct Discovery Bay,CA 94514 Discovery Bay,CA 94514 Discovery Bay,CA 94514 i i 008 062 013 __ 008 062 014 00806201-5 Gerald,&Babriella Smith _ _ _ Art&Barbara Gonzales Jeremy&Tabatha-Roderick 2120 Largo Ct 2130 Largo Ct 2205 Breaker Ct Discovery-Bay,CA 94514 Discovery Bay,CA 94514 Discovery Bay,CA 94514 008-062016 008 062 017 .008 062 018 Patrick Canto Greg Tre Birtchet Mark&Jacque Cheng 2195 Breaker Ct 2185 Breaker Ct 2175 Breaker Ct Discovery Bay,CA 94514 Discovery Bay, CA 94514 Discovery Bay,CA 94514 008 062 019 008 0.62 020 008 062 021.. . Siino Anthony 7 Steven Pluta Kenneth&Ida Marie Miller 1101 Oakwood Cir 2155 Breaker Ct 2145 Breaker Ct Clayton,CA 94517 Discovery Bay, CA 94514 Discovery Bay, CA 94514 _AC1Tr IAC ZIM141itni mcm r•�-1R.c� na�. r cern r`atr p I S JO-Sel slaqel ssaa Ptf -008 062 022 008 062 023 008 062 024 Andrew&'Lorraine Cummings Benjamin Iv&Lorraine Smith i Shawn Oneal 2140 Breaker Ct 2150 Breaker Ct 2160 Breaker Ct Discovery Bay,CA 94514 Discovery Bay,CA 94514 Discovery Bay,CA 94514 008 062 025 008 062 026 .008 062 027 Jeffrey&Kathleen Greninger Bruce Burks&E Tre Dawn William&Debra Baughman 2170 Breaker Ct 2063 Windward Pt 2190 Breaker Ct Discovery Bay,CA 94514 Discovery Bay,CA 94514 Discovery Bay,CA 94514 008 062 028 008 062 029 008 062 030 Jerry&Lucille Tre Moreland Flynn Fujiwara&Kevin Wellman. Felly Thoe Moreland&Henry 2271 Biscay Ct 2261 Biscay Ct 2200 Breaker Ct Discovery Bay,CA 94514 DiscoveryBay,CA 94514 Discovery Bay,CA 94514 008 062 031 008 062 032 008 062 033 Timothy&Beverly Smith Garwood&Louise Jorgenson Edward Tre Arnow 2251 Biscay Ct 2241 Biscay Ct 2231 Biscay Ct Discovery Bay,CA 94514 Discovery Bay,CA 94514 Discovery Bay,CA 94514 008 062 034 008 062 035 008 062 036 Robert&Jodie Dale David Scott&Lisa Black Anthony&Judy Brizzi IH 2221 Biscay Ct 4875 Discovery?t 2210 Biscay Ct Discovery Bay, CA 94514 Discovery Bay,CA 94514 Discovery Bay,CA 94514 008 062 037 009 OQ 03,8 008 062 039 Scott&Linda Perkins William&Betty Walters f Hofmann Construction Co 2220 Biscay Ct 2230 Biscay Ct PO Box 907 Discovery Bay,CA 94514 Discovery Bay,CA 94514 f Concord,CA 94522 ii I i y 7 nnr r enr stn:rSetr�t +rn .... DEVELOPMENT PLAN: PUBLIC HEARING REBUTTAL TO APPEAL FRANK MORGAN (Applicant)--FRANK&KIMMORGANAND DAVID &LORRAINE SM'KINS (Owners), County File#DP023072 At the April 14t' 2003 public hearing conducted by the East County Regional Planning Commission there were approximately 30 people present out of 97 residences notified about the public hearing. Two community residents were in opposition to the proposed project and the rest were in favor of the project. After three and one half hours of testimony and discussion, the East County Regional Planning Commission voted unanimously to::grant the appeal before thein, which overruled the county zoning administrators decision on February 10E 2003. In doing so the planning commission found that installing:private gangways from waterfront homes in the Cypress Landing planed community development, is consistent with the original development plan and P-1 Zoning of the Cypress Landing Homeowners Association. In addition to the above finding of consistency, the commission was advised at the hearing by Mrs. Catherine Kutsuris, the Deputy Director of Community Development for Contra Costa County, that the county does not enforce private "Covenants, Conditions and Restrictions" (CC&Rs) of homeowner associations. Conunissioner Mac`Tittie: (See enclosed audio tape) "That will close the hearing." Mrs. Catherine Kutsuris: "Commissioner before you close the public hearing um may I male a couple comments?" Commissioner MacVittie: "Sou bet." Mrs. Catherine KutsLiris: "Ok, um the first is with respect to CC&Rs, urn CC&Rs as you may know are private instruments, ua am I tallying loud enough?'' Commissioner'MacVittie: "Ya." Mrs. Catherine Kutsuris: " "Ok sorry, ua there private instruments they are not enforced by the County, um. there are some usually in some unique subdivisions ua we will review a portion of CC&Rs prior to a map being recorded but they are in essence private documents, ua it is not uncommon at all in the county to have CC&Rs'that are sometimes more restrictive then County requirementsand sometimes County requirements are more restrictive then CC&Rs ua and so its important to understand we don't enforce those, that's a,private matter." Commissioner MacVittie: "Ok, um I guess just ua then 1 would ua um:make a motion to approve the appeal, overruling the zone administrator and the alternative action which is to urn implement the February 10"' um conditions of approval, one through eight as stated by the staff report." Mrs. Catherine Kutsuris: "Thank you, may I ask did you mean to include in there a finding that the proj ect is categorically„ Commissioner MacVit[[t++ie: CCYCS39 - Mrs. Catherine Kutsuris: "Exempt under the California Environmental Quality Act pursuant to section 15303 E." Commissioner MacVittie: 6'Yes Mrs. Catherine Kutsuris: `Thank you" Commissioner MaeVittie: "And that it is within the scope of the planned district, and in that motion to close the public hearing, do we Have a second?" Commissioner Williams: "I'll second it" Commissioner MacVitte: "All in favors, Commissioner Williams: Commissioner MacVittie: �rhs Commissioner Dell: Commissioner Harper: 4T„ Commissioner Day: 44T CommissionerMacVittie: "Apposed?„ Commissioner MacVittie: "Abstentions?" Cornmissloner MacVittie: "Passes unanimously, thanIc you!" Summary; Mr. Greg Birtcllet's appeal to the Contra Costa County, Board of Supervisors dated April 24"' 2003, is based entirely on the CC&Rs of the Cypress Landing Homeowners Association. According to the aforementioned testimony by the County Deputy Director of Community Development, (Mrs. Catherine Kutsuris)'the CC&Rs are a"private"matter that the County has no jurisdiction over. The delays and cost of the project have been: dramatically increased because two individuals (less than 2% of the entire Homeowners Association) have made unfounded, misleading,and incorrect statements and allegations. I respectfully request the Board of Supervisors to put all end to this endless process`and deny the appeal by Mr. Birtchet that will allow the proposed project to be completed as recommended by the East County Regional Planning Commission. Thank you for your consideration, Frank Morgan Applicant 3 Signatures From Supportive Association Home Owners 2 Cypress Landing Dock Assignments 3 Cypress Landing Board Of Director Minutes for May&July 4 Cypress Landing Board Of Director Minutes for September 5 Cypress Landing Board Of Director Minutes for Sept. &November 6 Cypress Landing Liability Insurance, Scottsdale Insurance Co. 7 Cypress Landing Insurance,Indian.Harbor Insurance Co 8 Cypress Landing Architectural Application Approval9 Cypress Landing CC&R's 10 Cypress Landing Homeowners October 2002'News Letter 11 e Cypress Lauding Original Development Plan& Current Plan Pictures 12 Gangway Pictures for six gangways 13 Contra Costa County Planning Department Staff Report 14 Proposed Language Change to Condition Number One 15 4D_LV tside Agencies Solicited For Project Input 16 MAP 7 polop, .> �3 t / $1,000. Application Fee 17 wkk t�Nr y ;.VT Public Hearing Notice 18 !t9 Zoning Administrator Meeting, February I Oth 19 Zoning Administrator Meeting,February 24th 20 Sub Division Map Showing 300 Foot Radius &Opposition Property 21 Cypress Landing Association Letter to The Planning Department 22 Diagram Of Proposed Project 23 f Gangway Diagram 24 i Grant Of Easement Between The Applicant &his Neighbor 25 Sub Division 6144 Map With Lot Dimensions 26 CCC Planning Department Application&Correspondence Letters 27 j Contra Costa County Surveyor Letter 28 Contra Costa County Assessor Letter 29 Gangway Specifications & Shared Gangway Procedures 30 Zoning Administrator's Denial Letter 31 DEVELOPMENT LAN: PUBLIC HEARINCI REQUEST FOR APPEAL FRANK.MORGAN(Applicant)—E &KIM MORGAN AND DAVID &LORRAINE SIMPKINS' (Owners), County File#DP023072 Reason(s)for appeal: 1. The findings by the Zoning Administrator were not supported by the evidence, 2. The conditions imposed on the applicant were unreasonable. At the February I e 2003 hearing conducted by; the Zoning Commissioner (Aruna Baht, Principal Planner) there were three people present out of 97 residences notified about the public Bearing, myself and two community residents in opposition to the proposed project. Many parts of the testimony brought forth by the two gentlemen opposed to the project were inaccurate or misleading at best. The following will highlight the inaccuracies (that are a matter of record and verifiable) and offer the findings and supportive evidence to the contrary. Additionally, I will show'why the proposed conditions on the'-project were unreasonable and how the whole process has be discriminatory (based on past practice) because of iray current County employment status. Testimony front Februarly 10'6 Public Hearing. (Mr. Greg Broshet) "This gentlemen's dock, unless he has traded with someone else is not behind his Borne." Findings: The dock that runs with the property deed when I' purchased nay home on 1730"Anchorage Way is, "R-24" (See attached boat assignnnents) and is located DIRECTLY behind my home. This is a matter of record with the Cypress Landing Home Owners Association and I have attached a list of all assigned docks for your review. Therefore, the testimony is incorrect. Testimony:Mn .Broshet'' "I won't do anything on my dock to interfere with him in the common area or anywhere else, and I don't expect him to do the Baine thing." Findings: Mr Broshet lives at 2185' Breaker Court, Lot #71 on the Discovery Bay subdivision map number 6626. His home is located approximately 30{1 feet (as the crow fly's) from my residence and the proposed project.Mr Broshet's boat dock is number A-26 (See attached goat assignments) and is shown on map # 01 that I have provided. The proposed project would in NO "SHAY "interfere" with. Mr. Broshet's ability to freely use his personal boat dock or any other pert of the common dock area that he has utilized in the past or wishes to utilize in the future. Therefore the testimony is misleading. Testimony:Mr. Broshet, "At the time we bought, it was made very clear to us, at the time we purchased, if you want a private dock you have to go outside Cypress Landing and buy a home with a private dock. Everybody that bought in Cypress Landing chose not to do that, including myself and including everybody on the water" Findings: Before I purchased my home at 1730 Anchorage Way in June of 2002, I researched and evaluated many homes within Discovery Bay. What convinced nye and my family to purchase the aforementioned property was,the CONFIRMATION by the Cypress Landing Homeowners Association (See meeting minutes I have provided), Reclamation District 800, and the neighbors to the subject property, that installing private gangways for waterfront homes had been approved. Because of that infoinlation and flowingI would have the ability to install a private>gangway, I made the decision to purchase my waterfront home in the Cypress Landing Association. Therefore the testimony incorrect, Testimony: Mn Broshet "I feel that if he builds a private ramp to that common dock, it will jeopardize the value of my dock". Findings: All docks in the community development are the same and each homeowner has legal rights to the specific dock (Boat docks are numbered) that runs with the deed of each home in the association. Because the dock runs with the property deed and you can not sell the dock by itself, the value of each dock is included in the home value and is not measurable to detenuine the increase or decrease of value, if any. Further more, Mr.Broshet's assigned boat dock is more than 360 feet away from the proposed project. Therefore the testimony is misleading. Testimony:Mr. Broshet "Also the liability incurred because there is not community control now for access to those docks. There is private people controlling access to those docks and their guests, friends, and relatives which I have no control over and I think that incurs additional liability to myself'. Findings: Every legal homeowner in the Cypress Landing Association has rights to a key for the three community gangways that access the common dock area. With that right any homeowner is able to give access to guests, friends,, and relatives at his or her discretion. Access to any association common area by guests, friends, or relatives can only be controlled by the legal property owner of the invited individuals and/or the Cypress Landing Board of Directors. There is no implied or written agreement that allows for individual property owners to control who utilizes the common association areas outside' of their own guests, friends or relatives. Additionally all individuals that utilizes the association common areas are covered under the association liability insurance, (See attached insurance policies) and it holds all association homeowners harmless for common area claims unless caused by personal neglect. The cost of that policy does not change predicated on the 'fluctuati'on of guests, friends or relatives. Therefore the testimony was incorrect. 2 Testiniony:Mr. Broshet "I feel by them being able to make that dock private access to that dock it will lower the value of my property" Findings: According to the Contra Costa County,Assessor, (See attached 'statement) home values are based on the past sale prices of comparablehomes in a determined area surrounding the property being appraised. As home values increase for waterfront homes, so shall the values increase to comparable homes within the community development on a proportional basis. Therefore'the testimony is incorrect. Testimony:Mr. Broshet "I feel if they do that they should notify my insurance company for my homeowners insurance and pay any increases or future increases. l also would like them to furnish a legal interpretation that I am not liable what so ever for anything that happens on my'dock or around it because of their access, free access to the dock. And I would like thein to additionally insure finny„property for therm putting up a dock". Findings: All common areas are insured through the Cypress'Landing Home Owners Association for liability and no property owner in the association is personally liable for any actions of any person (excluding themselves) in or on the common areas. (Per the Cypress Landing Association liability insurance)Any additions or modifications to personal property such as the proposed gangway would be the personal liability of the property owner that modified or installed it on their own property. For example, Homes not on the water have room to install swimming pools and if a guest using the pool happens to drown,no other property owner in the association world be liable for that merely because they were an association resident. Therefore the testimony is irrelevant. Testimony: Mr. Broshet "Article'4 of our usesand restrictions says that each resident shall be used solely for residential purposes. No other use is allowed except as specifically, no residents' shall be permanently occupied, ok. No owner may permit or cause anything to be done or kept upon, in or about his lot which might obstruct or interfere with the rights of others, other owners or which would be noxious, harmful or unreasonably offensive to other owners, to me that ramp is offensive. Because there are public accesses with all the owners having keys to those docks, that's the way I feel it should be". Zoning'Administrator Question: "Is it in your CC&R's?" Testimony: Mr, Broshet "Yes it is" 3 Zoning Administrator Question: "Saying that you can't have a gangway onto the property?" Testimony:Mr. Broshet "'Yes it Certainly is, yes" Zoning Administrator Question: "It is in your'CC&R's,but you understand the Homeowners Association approved this?" Testimony.Mr. Broshet "Nobody asked ire,nobody advised me,Tin a owner there and nobody has contacted us, this is the first time I heard about this,I received this in the mail, not very much notice, I think it was Thursday or Friday and told to be here today, I had to take off work, difficult to get here, not much time to prepare." Findings: In the "Declaration of Covenants, Conditions and Restrictions" (CC&R) of Cypress Landing Article IV covers "Uses And Restrictions." (See attached' copy of CC&R's) Article 4.1 that was referred to in the above testimony (only partially read to the zoning administrator) deals with "Use And Occupancy Of Lots And Residents."The following is Article 4.1 in its entirety. 4.1 Use And Occupancy Of Lots And Residents: "Each residence shall be used solely for residential purposes. No other use is allowed except as specifically peimitted by local ordinance. No residence shall be permanently occupied by any more than two (2) persons per bedroom. No owner may permit or cause anything to be done or kept upon, in or about his lot which might obstruct or interfere with the rights of otherownersor which would be noxious; harmful or unreasonably offensive to other owners. Each owner shall comply with all of the requirements of all governnental authorities, federal, state or local, and all laws, ordinances, rules and regulations applicable to his lot and residence." Article 4.1 speaks to "Occupancy of lots and residences," not to the "Use of common areas." The use of common areas are addressed in Article 4.4 of the CC&:R's and states the following in its entirety: - 4.4 Use Of Common Area: "All use°of common area is subjected to the rules. There shall be no use of the common area except by owners and their invitees. All persons residing within the project may enjoy the use of all facilities in the common area as long as they abide by the terms of the project documents. There shall be no obstruction of any part of the common area. Nothing shall be stored or kept in the common;area without the prior consent of the Board:.' No alterations or additions to common area shall be permitted without the approval of the Board. Nothing shall be done or kept in the common area which will increase the rate of insurance on the common area without the prior consent of the Board. No owner shall permit anything to be done or kept in the common area or any other part of the project which might result in the 4 cancellation of insurance on any lot or any part of the common area, which would interfere with rights of other owners which would be noxious, harmful or unreasonably offensive to other owners or which would be in violation of any governmental statute, ordinance, rale or regulation.No'waste'shall be committed in the common area. Article 4.4 clearly covers "alterations and additions (See Attached CC&R's)to conunon areas and is permitted with Board approval.Nowhere in the CC&R's does it say that you can't have a gangway onto your property, as testified to above (See Attached CC&R's.) I have Board approval for the proposed project and the entire project is on my own private property, (See attached letter from Assistant County Surveyor) not over any ,common area. (See attached architectural application and Board approval) Thereforethe testimony-citing Article 4 is incorrect'and misleading. With respect to Mr.' Broshet's testimony regarding his lack of notification, the published association minutes (See attached minutes) clearly' state that private; gangways were under consideration and ultimately passed over a period of months.: Also the Cypress Landing Association"news letter" (See attached)was mailed to all association members in the month of October 2002, 'which clearly notifies all owners that specifications for private gangways had been developed and the procedures for installing a private gangway would be forthcoming. Therefore Mr. Broshet's testimony regarding his lack of notification is misleading. .END OF TESTIMONY FROM Mr. BROSHET Testimony from Februaty I(1`"Public Hearing: (Mr. Ken Miller) "In the CC&R's I believe the Association and the Board over did their, their authorities stating in the CC&R's of the Cypress Landing, You have no right to construct 'anything over a common'area and if:its done it has to be done by the Association or approval by the Board. Now in back practice this has been voted by the people three times, ok, first time after one year when we,moved in there. We did approve one ramp because it was mis-designed, and there were four or five owners on that project that paid for the projects and then which deeded the right to their ramp over to the Association which was voted on by the members and approved.- Unlike Greg I am just a little nervous. I just received this applications in the snail for this new ramp, phoned the Association up last Thursday, and she explained to me I have.no rights, because it is an extension of the exterior of their house. According to the CC&R's this ramp would be going over a common area, which is from their property line, oh down to our docks which are twenty feet away from their property lines about. And um, their was no vote given and back practice, this has come up and we need 51%o of the voters to vote on it with a 66 and 213 passing on these individual ramps which they never urn, was passed because of that. My main thing is I wasn't notified, maybe the Board members all live on the water, so they all just voted it in, but they overstepped their authority according to the CC&R's and the um, legal, what's that called Greg? Legal practices, its two or three sections,you have to go around in the CC&R's, their kind of complicated but this is not an extension of their house or room. addition:" 5 Findings: According to Article4.4 in the CC&R's the BOARI? has the right to approve"Alterations or additions" to the common areas, 'Mr. Miller even concedes the Board has the right;to do this in his testimony above. I have Board approval for the project (See attached Board approval). Mr'Miller also 'admits`in his testimony that other private homeowners have shared in the cost to put in a private gangway from their private homes to the common dock in the past. That private gangway and dock'' extension once completed was thein deeded to the Association with the approval of the Board. All of these modifications to the common dock' were done after the original development plane was recorded with the County. To this day, neither the Association, nor any Association member (other then the private owners who shared in the gangway installation) has a key to the entry gate for the gangway that was deeded to the association. The fact is, the only people that''can access that gangway, are the private owners that installed it. The Association is now responsible for the liability and maintenance costs of the gangway while private homeowners have the exclusive access rights. Mr. Miller also states that the proposed gangway would be going over a common area. No part of the proposed gangway would go over any common area (See attached tetter from Assistal-it County Surveyor.) 1734 Anchorage Way is 117 feet deep by 60 feet wide. Per the "As built drawings" (see attachment) from. Contra Costa County, the rear property'lime of my property falls on top of the common dock by one foot seven inches. The common dock has an easement on my property'for other community owners to utilize the common dock area. Furthermore, the Board did not overstep its authority Because it has the right to approve "Alterations and additions to common areas" under Article 4.4 in the Cypress Landing Association CC&R's'(See attached CC&It's) without a vote of 51% of Association members. Therefore stating the Board overstepped its authority is incorrect. The testimony also shows precedent for private gangway and dock alterations for some association members. It also is incorrect with regards to the proposed gangway going over common area. Testimony:Mr. Miller' "If they do allow these ramps um, you can julep the fence,I don't know if there is going to be any security gates on these ramps,'urn, we had to improve our security gates on our three gates that we have now to keep people from going over, there has been um, vandalism down their in the past but since, and theft but since they have controlled the security its been pretty decent for the last ten years:,, Findings: One of the conditions to receive approval from the Cypress Landing Association Board is to install a lockable gate at the top of the gangway for each property that has access to the gangway. Therefore this testimony is irrelevant: Testimony:Mr. Miller "Now there was one person a couple of years' ago that did fight us in court and he did win under the disability'act, his name was Bert, I'forget' his last name and he was persistent on having his ramp, so he got his ramp, one in four, with the right that the ramp comes dawn if he ever moves, its under some disability act ok. 6 Findings: The private ramp in the testimony above does connect the homeowner's private property to the common dock. It is one in six ramps currently connecting to the common dock (See attached photos) The homeowner has received a letter from the Cypress Landing Homeowners Association that removes the condition that required hint to remove his gangway upon the sale of his property (See Association minutes). The homeowner was granted this permission from the Board shortly after the Board approved private Gangways for waterfront homes. Therefore this testimony is inaccurate with respect to the number of gangways connectedto the coronion dock. It is also misleading because of the permission given to the homeowner (See attached Association minutes) allowing the removal of the condition that required him to remove his personal ramp upon selling his home. Testimony:Mr. Miller "If this ramp is approved just not for this gentleman, theirs lets 'say twenty five homes, that would like to have an impact of what all that weight would do to a dock that is already fifteen years old, that we have to rebuild they calculate in tem more years, its going to ware down the dock faster." .Findings: The bump-outs needed for private gangways have'two 4'x3'xl2" polypropylene floats that support the entire weight of the gangway tip, which tests on top of the bump-out. Because the bump-out butts up to the side of the corninunity dock, and it supports its own weight along with the gangway, it will not adversely effect the common dock. Therefor the testimony that it will "ware down the dock faster"is inaccurate and misleading END OF TESTIMONY FROM Mr. MILLER Unreasonable procedures, Conditions and Cast: In an effort by the Contra Costa County`Planning Department to be fair and not show partiality to a fellow employee, I feel I have been subjected to unreasonable procedures, conditions and costs. 1.` I was told by the County Planning Department that there are two kinds of development plan reviews. The first is an "administrative review" if the project is determined to be a minor modification to the original development plan. The second would be a public hearing if it were determined that the project was going to be a "Major modification" to the original development plan. In either case, I would have to'submit an application along with a fee of $1,000 to find out what type of process would be necessary. 2.- After submitting the application and the$1,000 (It could be more money base on time and materials by county staff) fee, I was told that my project would have to go to a full hearing as an amendment to the "original development plan" in spite of the fact their was three 7 private owned gangways to the common dock at the time of my application (in addition to the three conti7-lunity gangways) and still are. Also in spite of the following approvals or no comments for my proposed project: > 'Cypress landing Home Owners Association: Recoirunended Approval CCC Building Inspection: Approval with conditions Environmental Health: No comments > CCC Fire Protection'District: No continents Reclamation District 800:Recommended Approval' > Town of Discovery Bay: No comments' > Delta.Resource Protection Commission: No response California Department of Fish and Game: No response 3. Shortly after meeting at the proposed job site with Mike Henn, the County Project Planner, he released a report (See attached report) recommending the proposed project be approved with eight conditions. Mr. Henn also sent out public hearing notices to all ninety.-seven homes'in the Cypress Landing Association even though the requirement is only ''300 feet from the applicant property. If the notices were sent to homes within 300 feet of my property, that would of included 35 hordes, (noir ofwl-ich voiced any concerns about the proposed project)not 97. 4 At the public hearing in front of the Zoning Administrator on February 10`x', there were three people present to speak on the gangway issue, including' myself. Both of the gentlemen that oppose the project live on Breaker Court (2185 & 2145) approximately 420 feet and 600 feet respectfully, from the project property. The testimony given by the two gentlemen that oppose the project was full of incorrect, (1 have detailed above) misleading, and completely inaccurate statements. I feel l was subjected to'tlhis unnecessarily due to the over aggressive public notification. 5. Because of the comments at the public hearing the Zoning Administrator took the issue under submission for fourteen days (February 24`x' hearing) to decide the matter. This has further delayed the project that had only two opposing individuals out of the eight agencies notified and 97 homeowners in the community development. That represents less than 2% opposed to the project. 6. At the February 24th Zoning meeting, my application was denied. The reason for the denial was as follows: "Subdivision nurnber 6628 and development plan for the Cypress' Landing Project in Discovery Bay was approved ii-1 1985 for single family residential units with common docks located in the Cypress Bay. The project was approved with no direct access from residences to the dock area. The ',proposed amendment to provide a gangway would'' provide direct access from two residences to the common dock area. This is contrary to the original approval. The purpose of the Pl Zoning District is to have a cohesive design. Potentially each one of the property owners along the'water could have a direct'connection to the common walk way easement 8 area. The proposed modification changes the concept of the project and is not consistent with the intent of the P1 zoning district:" The denial is not consistent with the Planning Departments own staff recommendation, eight solicited agency's, ninety-four homeowners that did not voice any opposition to the proposed plan, and past practice of three other,gangways (not including the community gangways) installed from private property to the common dock.. Yet the testimony by two gentlemen that oppose the project who had NO evidence to support their incorrect and misleading claims was the influence behind the denial. All supporting factors that showed OVERWHELMING support for the proposed project appears to be discarded as irrelevant. The<Zoning Administrators denial reasoning could have been expressed long before I'submtted my application and $1,000. If it was the intention of the Planning Department to deny any modifications to P I Zoning areas, there was no need for public hearings, or$1,000 fees. 7. While discussing the denial of my project with the Project Planner Mike Henn, he expressed to me that the Zoning Administrator (Aruna Bliat, Principal Planner) "felt that this issue should be heard by a higher authority" (East County Planning Commission) and if'I appealed the matter it would be referred to the East County Planning Commission. This is another indication to me that because of my employment status with the County the Zoning Administrator didn't want to make a decision on the application that would look like preferential treatment. Now I will have to file an appeal at my expense. ($125.00 and could be more based on staff time and materials) The cost of this process and the projected cost of the conditions outlined in the staff report recommending approval, will total over $2,500 which is more than my total cost of the proposed project. Summer}7: It is clear that the fundings to deny my proposed project by the Zoning Administrator was not based on the evidence. The opposition testimony heard by the Zoning Administrator was largely inaccurate and misleading (See enclosed audio tape.) Additionally the Zoning Administer never surveyed> the project site to see for herself, the past practice of private gangways within the Cypress Landing Association. I realize that surveying the project site is not required, however, had she done that she may have come to the same conclusion the Planning Department's Project Manager did. That the proposed project is consistent with the surrounding area and would have NO adverse effect on the rights or the ability of Association homeowners too freely use all common areas. Since the denial by the Zoning Administrator, I have collected 79 signatures that represent 55 homes out of 97 homes (See attached list, I still am in the process of collecting more) in the Cypress Landing Association to further shove the overwhelming support for the proposed project. Many of the signatures are from "Off water homes" which clearly shows the broad support for the project. Th you for your consideration, E =k Morgan Applicant 9 2/25/2003 `;ounty File#DPO23072 Application to install a private gangway on personal property to access the existingcommunity'dock. We the undersigned are legal property owners in the Cypress Landing Homeowner's Association and aware that Mr.and Mrs. Frank Morgan at 1730 Anchorage Way and Mr. and Mrs.Dave Simpkins at 1740 Anchorage Way are requesting the'plann ng Department of Contra Costa County to grant permission to install a shared private gangway on their personal property to the existing community dock. We have no objections to the proposed plans. PRINTED NAME' SIGN-ED NAME' ADDRESS 730 191-)C.4 o1211 .�= 7 4 Ti f 1-117 C AA r4AMhf 1 of 6 Z/25/2003 County File#DP023072 Application to install a private gangway on personal property to access the existing community dock. We the undersigned are legal property owners in the Cypress Landing Homeowner's Association and aware that Mr. and Mrs. Frank Morgan at 1730 AnchorageWay and Mr. and Mrs. Dave Simpkins at 1744 Anchorage Way are requesting the Planning .Department of Contra Costa County to grant permission to install a shared private gangway on their personal property to the existing community duck. We.have no objections to the proposed plans. PRINTED NAME SIGNED NAME ADDRESS V. ek 42 .2o i;1�2 1(uJ�44-44 C. ISr—,X- tea , - AS iJ I /1111 CC), J kt 10-" 19410A,"111 f Ez C1 s c�ttre"� �cll c ASeo u� r p I' 1 SNIP 2of6 2/25/2003 '7ounty File#DP023072 Application to install a priyate gangway on personal property to access the existing community docL We the undersigned are legal property owners in the Cypress Landing Homeowner's Association and aware that Mr. and Mrs. Frank Morgan at'1730 Anchorage Way and Mr. and Mrs. Rave Simpkins at 1740 Anchorage Way are requesting the Plana ng Department of Contra Costa County to grant permission to install a shared private gangway on their personal property to the existing community-deck. We have no objections to the.proposed plans. PRINTED NAGE' SIGNED NAl'1'IE ADDRESS tk r 7 7- 2,DL4,ram Ok-/&z" AKV O l NT o . t-:-T1%-Y YE- 41 Sei" ,�. 1 ' 3 of 6 2/25/2003 `county File#DP023072 Application to install a private gangway on personal property to access the existing community dock. We the undersigned are legal property owners in the Cypress Landing Homeowner's Association and aware that Mr. and Mrs. Frank Morgan at 1730 Anchorage Way and Mr.'and Mrs. Dave Simpkins at 1740 Anchorage Way are requesting the Planning Department of Contra Costa County to grant permission to install a shared private gangway on their personal property to the existing community dock. We have no objections to the proposed`' plans. PRINTED NAME SIGNED 'NANM ADDRESS: LFA 7Z tE V"V iG� Y1 J - ~ /^ jtJ J4yl CYf 0R4 f� l,wJ0 c3c,C 10 T AO` ✓r;7 lmo An AL rV9 FIN VA V cC-7C) 6 of 6 2/25/2003' 7ounty File#DPO23072 Application to install a private gangway on personal property to access the existing community dock. We the undersigned are legal property owners in the Cypress Landing Homeowner's Association and aware that Mr. and MV s. Frank Morgan at 1730 Anchorage Way and W. and Mrs. Dave Simpkins at 1740 Anchorage Way are requesting the Planning Department of Contra. Costa County to grant permission to install a snared private' gangway on their personal property to the existingcommunity dock. 'We'Dave no objections to the proposed plans: PRINTED '-NAME SIGNED NAAM ADDRESS hl,0�4 7-1 Dt ► CH-S)lq h1Vc. � LIr '` ��' ` ``` ^} y 4 of 6 CYPRESS LANDING DOCK ASSIGN vffiWrS' OfrI=I RA="k as 0'r01ar jaey 1-5 r DOCK LOT ADDRESS DUCK LOT ADDRESS DOCK LOT ADDRESS A-01 97 2290 Bis B-01 Guest Slip C-01 24 2016 San A-02 89 2211 Bis ,02. 75` 2.145 Pre l' C-02 47 2405 Bow' A-03 90 2210 Bis $=03 62 2070 La.r C-03 33 2001 Mon A-04'- 01 1840 Anc B-04 63 2080 Lar C-04 34 2002 Mon A-05 91 2220 Bis B-05' 61 2075 Las C-05 32 2011 Mon A-06 88' 2221 Bis B-06 08 1770 Anc C-06 23 2026 San A-07 92 2230 Bis' B-07 60 2085 Lar C-07 35 2012 Mon A-08' 86 2241 Bis' B-08 64 2090 Lar C-08 36' 2022 Mon A-09 87 2231 Bis B-09' 59 2095 Lar C-09 3>1 202I Mon A-10. 02 - 1830 Anc B-10 09 1760 Anc C-1 37 2032 Mon A-11 93' 2250 Bis B-11 6S 2100 Lar C=11 22 • 2036 San A-12 84- 2261 Bis B-12 58 2.105 Lar C-12 30 2031 Mon A-13' 85 2251 Bis B-13 57 2115 Lar C-13 38 2042 Mon A-14 03 1820 Anc B14 66 2110 Lar C-14 29' 2041 Mon A-15' 94 2260 Bis` B-15, 10 1750 Anc C45 21 2046 San A-16 95 -2270-Bis`` B-16 67 2120 Lar C-16 3-9- 205.2 Mon A-17 96 2280 Bis B-17 56' 2125Lar C-17 40 2062 Man A-18' 83 2271 Bis B-13 55 2135 Lar C-18 28 2051 Man - A-19` 04' 1810 Anc B-19 68 213(}Lar C-19 27 2061 Mon A-20 76 - 2140 Bre B-20 11 1740 Anc C-20 20 2056 San A-21' 82 2240 Bre B-21 48 2000 Bow C-21 262071 Mon A-22' 69 - 2243 Bre B-22 54 2060 Bow C-22 1g. - 2066 San A-23 81 21.90 Bre B-23' 41 2065 Bow C-23 18. : ,2076 San A-24' 05 1800 Anc B-24 12 1730 Anc C-24 17 1.2086 San Aa1c` B-25 42 2055Bow C-25 16 . 2096 San, B-26 53 2050 Bow' A-27` 80 2180 Bre` B-27 52 2040 Bow A-28 06 1790 Anc B-28 43` 2045 Bow A-29' 79` 2170 Bre B-29 13 1720 Anc A-30 72 2175 Bre B-3'0 51. 2030 Bow A-31 78 2160 Bre B-31 44 2035 Bow A-32 07 1780 Anc B-32' .50 2020 Bow A-33 77 2150 Bre B-33 14 1710 Anc A-34 73 2165 Bre B-34 45 2025 Bow A-35' 74 2155 Bre B-35 49` 2010 Bow B-36 46 2015 Bow B-37 15 1700 Ane B-38 Guest Slip B-39 Guest Slip' B-40 25 2081 Mit 1' zizoS1qE J MONTAU K VVY: SAND POINT ( ROAD 16 PRIVATE STAE z 17 18 19 20 -) 1 2^}2 23 ^^��b,7j�• 25 26 27 28 29 30 31 32 33 MONTAUK CT. rn V 4 t 15 40 39 .38 37 36 35- 34 G=quest 1 14 y vs Z3 13 41 42 43 44 45 46 O 3 520 47rn 53 12 yam, 70 -t f? � BOWSPRIT CT. 48 10 54 53 52 51 50 49 5 9 55 56 57 58 59 60 61 � 8 LARGO CT 62 , 4 LOT B 4 7 7 � 68 67 66 65 64 636 co 72 73 74 O 69 70 c- s1 m ow 3 82 81 80 79 78 77 93 2 83 84 85 86 87 88 89 97 L07 P. Blscxf CT 0 91 96 95 94 93 92 91 SEAL NAIAY BISCAY WAY , ;y z�iy$ •j.4��'a�., r:«'£�} t t.: -.i r kt;: *uS,T"`:i� t �.^G� �'�Mia i'u�. :.`'S 2't! t 7. c;�y"etu !N k } ... ::t' aryl, 4tu "';.. i-...r'�„fay..,rr+y'.�w<3--<..r.< �w._.&. ":ui.$:: .�<.:�......_�< r6:i '�:��.e..1.d.`�r�`+m:x:tVw,.v=`yi..s.-u:>�.iau.:<..au.tt6aS:._...:w....<...a..,J.�rr1..�:•r:'Aia-. i��,'w.'1.'....:4.u"E..._.1:-:rk�. HomEo NERS BusrNEss AIANAGEMENT INC. H O'ME.OMINEFL ASSOCIATIONMANAGEMENT CYPRESS"LANDING HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS MEETING Thursday, September 26, 2002 at 6:30 p.m: ` 2096 Sand Point Road, Discovery Bay AGENDA I. CALL MEETING TO ORDER II. APPROVAL OF MINUTES May 9, 2002 July 11, 2002 September 12, 2002 Annual—Review Only III'. HOMEOWNERS COMMENTS IV. MANAGEMENT REPORT i ACTION ITEMS A. Appointment of Officers B. Gangway Specifications C. Landscape Reimbursement/1840 Anchorage Way D. Landscape Upgrades V. TREASURER'S REPORT Vt. NEXT MEETING DATE- November 14, 2002 VII`. ADJOURNMENT KC CAP „C M«.. 1555 GATEMAX BLVD.,SUITE 340 CONC D,CA,94520 0� (,R7 1 figs T:&y C)s Aq7 nnz� Cypress Landing Homeowners Associadon Board of Directors Meetin€7 May 9,2002 Page f of CYPRESS LANDING HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS MEETING MINUTES May 9 2002' BOARD MEMBERS PRESENT. JR Rollins, Bill Martin, Tony Corsello, John Hansen, and Mike Weston BOARD MEMBERS ABSENT: None t MANAGEMENT PRESENT: Rosie Rivera of HBM, 'Inc. 1. CALL TO ORDER The meeting for the Cypress Landing Homeowners Association was called to order by President JR Rollins at 7:10 p.m. at 1475 Clubhouse Drive, Discovery Bay. Il. HEARINGS The'following homeowners were scheduled for a hearing this evening as noted. There were no homeowners in attendance. After review and discussion, there were no fines assessed due to compliance. a. 1810 Anchorage Way: Trailer in driveway/street b. 2080 Largo Court:Trailer in side yard r c.' 2031.'.Montauk Court: Various: storage, maintenance and animals 1 II{.' ADOPTION OF MINUTES A MOTION WAS MADE AND SECONDED (WESTONIHANSEN) TO APPROVE THE MINUTES OF THE MARCH 14, 2002 BOARD OF DIRECTORS MEETING. MOTION CARRIED. IV.' MANAGEMENT REPORT a. 2 46,.,SandAP,aimt-.Road./.Ganowa� ;The,praperty owners are not,subjectto the ADA lderki—d grid that the plans state that the gate must be.locked.,., Ib. Rules Booklet Review: A MOTION WAS MADE AND SECONDED' (MARTINfWESTON) TO APPROVE BERDING & WEIL: TO REVIEW THE ASSOCIATION°S' RULES AND INFORMATION BOOKLET FOR DISCRIMINATORY LANGUAGE AND ENSURE COMPLIANCE AND �i Cypress Landing Homeowners Association Board of Directors Meeting May 9,2002 Page 2 of 2 CONSISTENCY;WITH; THE;:CC&R'S AND APPLICABLE LAWS AND PROVIDE SPECIFIC COMMENTS AND RECOMMENDATIONS FOR A COST NOT TO EXCEED $720.00. MOTION CARRIED. V. NEXT MEETING DATE The next regular meeting of the Cypress Landing Homeowners Association is scheduled for Thursday, July 11, 2002 at 7:00 p.m. at 1475 Clubhouse Drive, Discovery Bay, CA. VI. ADJOURNMENT With business concluded,the Cypress Landing Homeowners Association was adjourned at 9:00p.m. Approved By Date l CYPRESS LANDING HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS MEETING. MINUTES July 11, 2002 BOARD MEMBERS PRESENT: Bill Martin, John Hansen, Tony Corsello and JR Rollins BOARD MEMBERS ABSENT: None MANAGEMENT PRESENT: o R sve Rivera of HBM ;lnc. I. CALL TO ORDER The meeting for the Cypress Landing Homeowners Association was called to order by President JR Rollins at 7:15 p.m. at 1475 Clubhouse Drive, Discovery'Bay. It. ADOPTION OF MINUTES The minutes of the May 9, 2002 were not available for approval as it was Management's understanding that the Board would prepare the minutes to avoid the recording secretary fee of $45.00. After discussion, the 'Board agreed to have Management prepare the minutes at each meeting for the cost of $45.00. Management will prepare the May. meeting.minutes for:approval at the.September meeting. Ill. MANAGEMENT REPORT' `... ck rarrt'p atC} hS bpe�l��� r ° ova he±Boar l^as all+ v/veydt�e ra to. e arri r�nt� /(/ant ap�y,II., t�• rs +� �qt of the rarr�p. The, wi. provl,%e a et7wnerw�'h�. .pecit�rcat:onS and'guldeClnes. b. Insurance Renewal: The Association's insurance premium has increased from $4,726.00 to $16,239.19. The Association is over budget by$11,513.19. In order to cover the costs, funds have been transferred from the reserves. A MOTION WAS MADE AND SECONDED (HANSENIMARTIN) TO ASSESS A SPECIAL ASSESSMENT TO EACH LOT .IN THE AMOUNT OF '$16.96 PER MONTH EFFECTIVE NOVEMBER 1,2002. MOTION CARRIED. IV. NEXT MEETING DATE The next meeting of the Cypress Landing Homeowners Association is .the Annual Meeting'scheduled for Thursday, September'''12, 2402 at 7.00 p.m. at 1475 Clubhouse Drive, Discovery Bay, CA.' V. ADJOURNMENT With business concluded, the Cypress Landing Homeowners Association was adjourned at;,8:55p.m. Approved BY Date m Hob,mowNERs BUSINESSMANAGEMENT INC. HOME0WNE.R A55'OCFATION MANAGEMENT CYPRESS LANDING HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS'MEETING September 26 2002 Prepared September 1`8, 2002 Th following ng rn ormatron is presented for_your review prior to the Board of Directors' meeting. The items on which we are requesting;a Board decision are listed on the Agenda. The other items are listed for your informatibn.;If you have any questions on any items, please contact us prior to the meeting. Please advise Management of non- attendance. 1. BOARD DISCUSSION AND DECISION A. APPOINTMENT OF OFFICERS: The Annual Meeting was held on September 12, 2002. The terms The Board' should determine. which offices they will hold. The positions are: President Vice-President Secretary Treasurer Member at Large B. GANGWAY ,S BCIFICA-TION:S:; Enclosed pT Board approval . is the finatk guidelinei and specifications for the gangways. ,,..: Page 1 C. LANDSCAPE REIMBURSEMENT 11840 ANCHORAGE WAY: The homeowner requested reimbursement for the plants that were damaged by the Association's ( irrigation system. The landscaper ,lose Espinoza has completed the repairs. ! The Board requested Management to obtain a bid from Jose to repiece the plants, which is enclosed for Board consideration. In addition, Management has received a verbal request from the homeowner to remove a palm tree in the front yard of the home that resulted from a "seedling" of the Association's palm tree. The homeowner was advised" to place this request in :,writing for Board consideration. Management has received no correspondence to date. Pages 2-3 MAC S 1855 GATEWAY Bimm,SUIT.340 CONCOM),CA.94S20 .......... ........... .............. ......................................... ......................................... .....................................-.... ....................................... ............ .................................... D. LANDSCAPE UPGRADES: Management met with landscaper Jose Espinoza to review the landscape area at the Biscay gate area. The following are proposals are as follows: Item 1 Remove juniper plants and dead tree $ 480 Item 2 Replace both sides of pathway with $ 670 Yellow gasenias ground cover Item 3 Replace shrubs at right side of walk $ 580 with oleanders Total Cost $1,730 Pages 4-5 II. LANDSCAPE GROUNDS MAINTENANCE E. MISCELLANEOUS MAINTENANCE: In addition to our site inspections, the following activity has occurred since the last Board meeting. Location Description Assigned To Status 2016 Sandpoint Hernandez& Unclog drain Road Associates Largo Gate Replace swing on gate CK Property Completed Docks Replace comer sections CK Property ... Completed ITEM CLOSED III. ARCHITECTURAL APPLICATIONS / CC&R VIOLATIONS F. ARCHITECTURAL APPLICATIONS: The following architectural application was received from the homeowner and approved by the Board. 2195 Breaker Court Install apool in the backyard ITEM CLOSED G. CC&R VIOLATIONS: The CC&R violation log for September 2002 is enclosed for Board review. All new incoming and outgoing correspondence is enclosed. ITEM CLOSED Page 6 IV. FINANCIALS H. DELINQ1jENT ACCOUNTS: There is currently one account in collections. Management continues to follow the Association's delinquency policy on past due accounts. A copy of the outstanding Summary Aged Trial Balance sheet is enclosed for the Board's information.' ITEM CLOSED Page 7 1. FINANCIAL STATEMENTS: The August 2002 financial statements are enclosed for the Board's information. The financials show a variance due to an increase in office expense for the year-end financial mailing and insurance premium. ITEM CLOSED Pages 8-30 J. RESERVES /SAND POINT ROAD: 'Treasurer Bill Martin has requested a recap of the repairs done for the Sand Point Road and the balance in the reserves for asphalt repairs. Management is researching the information. Once completed, we will forward the information to they;Board: IN PROGRESS V -OTHER.... ... K. NEWSLETTER: The next newsletter is scheduled for distribution with the October' billing statement. Articles addressing dock maintenance, Annual meeting results, gangway' guidelines'and specifications and insurance increase will be included in the newsletter. ITEM CLOSED �' END OF REPORT ................... ............. .......... ................................. .......... ..................... ...................... ............... S EP 19 auz for Homeowners Association approved walkway/gangway to QOMMUMty COCK. 1. Private walkway/gangway must closely resemble the existing community walkways, A. Structure must be made out of galvanized steel or treated aluminum no wood ramps will be approved by the homeowners association. B. Structure cannot be painted, it must remain the original steel or aluminum color. 2. PriV"at"e Walkway,ganqmust st have a locked'9 ate at the homeowner's end of the !"M P-n- vate walkway/gangway flooring dimensions must be no less than 3 feet l 36 inches or no greater than 4 feet/48 inches in width, 4. Private walkway/gangway rail dimensions must be no less than 4 feet or no greater than 4 feet high. 5. Private walkwa /gangway must have high quality rolling wheels to compensate for tide changes'), must rest on added flotation As to not impede current ff 6. PRV*t IWilk do' c ay, FIo4iation must be no less than 4 feet Aide no greater than 4 feet wide. The-floatation must be-no less-than-8 feet long nomore than 1-0 feet-long. B. Floatation must have 45 degree galvanized angle supports. C. Ploatation must be thru bolted or 14ged to existing dock D. Flokation must consist of pressure treated 2x6 and 3/ inch marine plywood. E. Floatation must consist, of at least (2) R4 polyethylene floats. ., 7. E e clops` tliiaddhf P , !4�v insurance policy at th 8. *Please see additional diagrams for requirements. 9. Cypress Landing Homeowners Association Application for Architectural submitted and approved before the Committee Approval and Agreement must be subn contract start date. APprrSvedvendors: California Boat Lift Sales, Tom Judge: 925-360-LIFT. Docks &Decks, Bob Anderson: 925-634-3128 01 ............. ...................................... HoMEowNERS BUSINESS MANAGEMENT INC. HOMBOWNEP, AsSOCIATION MANAGEMENT CYPRESS LANDING HOMEOWNERS ASSOCIATION BOARD-OF DIRECTORS MEETING Thursday, November 14, 2002 at 7:00 p.m. Discovery Bay Country Club 1475 Clubhouse Drive, Discover _y Bay, CA AGENDA 1. CALL.MEETING TO ORDER [I. APPROVAL OF MINUTES September 26, 2002 0I. HOMEOWNERS COMMENTS IV. MANAGEMENT REPORT A. Fire Hose Cabinets & Fire Extinguishers Inspection B. Foreclosure Authorization 1#29-2085-01 C. Gangway Stioulation/2046 Sand Point Road D. Sand Point Road Landscape Upgrade V. NEXT ME&ING DATE January 9, 2002 VI. ADJOURNMENT Fc�FA-]i f 101MI 1P';;rA-r-rWAYRTNM 1;tjrrE340C0NC0RD,CA.94520 HomvowNERs BUsINEss MANAGEMENT INC. HOMEOWNER ASSOCIATION MAN'AG8 . INT CYPRESS LANDING HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS MEETING November 14, 2002 The fallowing information is presented for your review prior to the Board of Directors' meeting. The items on which we are requesting a Board decision are listed on the Agenda. The ether items are listed for your information. If you have any questions on any items, please contact us prior to the meeting. Please advise Management of non- attendance. I. BOARD, DISCUSSIONAND DECISION A. FIRE HOSE CABINETS AND FIRE EXTINGUISHERS, INSPECTION: The free _ - ----ham ca #s ar�d re + fii gut her ra re r�ol b em nspe tel Sr h ar 2002-.-- The 002 The inspection will include a written report of any repairs ;that are required for compliance. Management, obtained a proposal from C&R Fireline td inspect the fire Base cabinets and fire extinguishers as follows: Fire hose cabinets $75 each Fire Extinguishers $15 each plus $45 trip charge Page 'I B. FORECLOSURE AUTHORIZATION I ACCOUNT #29.21185-41: account ##29- r 2085-01 was forwarded to collections. The Association'scollection agency Sunrise Assessment Services notified the Association that the l account.is due for foreclosure. Sunrise Assessment Service is requesting Board authorization to proceed with the foreclosure. Mages 2-5 C. G NI r SA p wa RS i( �, ,e itt'Lt'F F1F �+tr �fl"'�L��vw ,.. t e ha ' d wner off,;Ipger l�( f)Tt theopal �rf r Etn the cfeelopmnt' the,. orieiwner is T: t f Ipu n'. a remc��red' page 6 a>m, D. SAND POINT ROAD LANDSCAPE, UP RADE, :Dock Master Bob Luther 1 reported that a homeowner on Sand Point Road is requesting the Association upgrade the landscape area along the driveway. Management is requesting the Board discuss this request for consideration. � CPA � l MANAGER lOC[ r"....-....,.n..... c•....—nen rte..,...._»,_ .-,. n.rn II. LANDSCAPE / GROUNDS MAINTENANCE E. DOCK ID TAGS: The ID tags on the dock:slips,;are deteriorating;and should be r replaced. Management requested a proposal from CK Property to remove the existing tags and replace with the new tags. Once received, Management will forward to the Board fore consideration. ITEM PENDING F. GAI C�►If 4 ( �SPECI"FICATIONS The Bnard 86brov d the guldellnes and t Ea.o-e�a xap.+s�r ;vim rµP7 1m-r vv' tX, ^� ::.".,, Y s fico©i1�statrs" alf a s lil t e develo menl Rana ement will forward P 9 ,N y P g rained± guid'iCrnes "elbrig with' the a chitei�tu'rai application upQri r8 t o homeowner G. LANDSCAPE REIMBURSEMENT 11840 ANCHORAGE WAY: The homeowner requested reimbursement for the plants that were damaged by the Association's I� irrigation system that flooded the side yard. Management received a 'bid from Jose Espinoza to replace the plants for $285 and the Board agreed to pay for S half the cost. Management receiveda verbal request from the homeowner to remove a palm tree in the front yard of the home that resulted from a "seedling" _-.of-'the--l-►ssociation!s-palm--tree--and--advised-she-would-n-ot--accept fhe-5a%__ reimbursement of $142.507. The homeowner was advised to place her concerns in writing for "Board consideration. During the October site inspection it was observed that the palm tree was removed and Management has received no request from the homeowner to date. We will take no further action unless we receive correspondence in writing. ITEM CLOSED H. LANDSCAPE UPGRADES: Management obtained proposals to upgrade the ® landscape area at the Biscay gate area. The Board declined.;the proposals in the amount of$1,730 due to financial restrictions. ITEM CLOSED I. MISCELLANEOUSMAINTENANCE: In addition to our site inspections, the following`'activity has occurred since the last Board meeting. Location Description Assigned To Status 1770 Anchorage Way Forward dock key HBM Completed • 20l6 Saeid Point Road Unclog drain Hernandez&Assoc. Completed Repair support triangle and Biscay ramp CK Property Completed adjust rollers on ram Dock CK plexi-glass on fire CK Prort extinguisher boxes y Tightenlrepair loose triangle Dock A, slip 3 board CK Property Completed d III. ARCHITECTURAL I CC&R VIOLATIONS J. A.kb-­14I7fk TURAL: APPL'C 'TIONS. The following architectural application d fr`c>rnianedrrer end approved:=by-the.:Board;since ,the"last; I 1 SBC! tchore 11Va instal! gangway front rear exterior of home to dock 1780 Anchorage Way Install arbor at the backyard cbaWa1 array from rer sater�or ofd.{oik --V vlw-mo Wns. from rear exter►ot of hcime to dock wg,GLd S 6 K. CC&R VIQLATI NS: The CC&R violation log for October 2002 and reports from Bock Master Bob Luther are enclosed for Beard review. All new incoming and outgoing correspondences are, enclosed. ITEM CLOSED Pages 7-15 IV. FINANCIALS DELIN UEfTM� III S:._Themis cuurr..ently_.on"ccaunt_in-milecbons-which was referenced in item B. Management continues to follow the Association's _ delinquency policy on past due accounts. M. FINANCIAL STATEMENTS: The September and October 2002 financial statements are enclosed for the Board's information. The current financials show a variance due to an increase in dock maintenance expense and insurance premiums. ' ITEM CLOSED September Pages 16-43 October Pages 44-58 N. RESERVES f SAND POINT ROAD: Treasurer Bill Martin requested a recap of the repairs done for the Sand Point Road and the balance in the Reserves for Asphalt Paving. There were no repairs made since the year 2000. The balance of the Asphalt Paving account #3210 is $10,747.15 as of September 30, 2002. Management has reallocated the additional $10 paid by lots 19-24 to asphalt paving account#-3210 as of the October financial statements. 0. SPECIAL ASSESSMENT l INSURANCE INCREASE: The Association's insurance premium has increased by $11,513 due to the increase for "habitational" properties due to September 11 th bad investments by insurance companies and insurance lasses in the' industry overall. The Beard approved a special assessment in the amount of $16.96 per unit beginning November 1, 2002 through May 31, 2002 to cover the costs. A notice has been mailed to all legal owners of record. ITEM CLOSED Pages 59-60 t .......... .......... .......... ...... ...... ............. ............................ ...................... ....... V. OTHER P. APPOINTMENT OF OFFICERS: The Annual Meeting was held on September '12,'2002: The Board determined that they would hold the following offices, President Tony Corsello Vice-President John Hansen Secretary Frank Morgan Treasurer Bill Martin Member at Large Bob Luther ITEM CLOSED Q. NEWSLETTER: The next newsletter is scheduled for distribution with the December billing statement. Articles should be forwarded to Management by November 18th to be included in the newsletter. The October newsletter was forwarded to both homeowners and tenants. ITEM CLOSED Pages 61-62 13 '-x" HOMEOWNERS BVs1NESs MANAGEMENT INC. HOMEOWNE & ASS OCIATION M A N A C £ M E N T CYPRESS LANDING HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS MEETING Thursday, January 16, 2003 at 7:00 p.m. 1760 Anchorage Way, Discovery Bay AGENDA 7:00 P.M. I. CALL MEETING TO ORDER September 26, 2002 - November 94, 2002 7:03 P.M. III. HOMEOWNER COMMENTS 7:08 P.M. IV. MANAGEMENT REPORT A. Delinquency Policy B. Fire Hose Cabinets &Extinguisher Inspection C. Landscape Contract 7:58 P.M. V. NEXT MEETING DATE March 93, 2003 8:00 P.M. Vf. ADJOURNMENT RAC y 1555 G.A r]EWAV Uu'n..Surd.346 CONCOIU).CA.94520 Cypress Landing Homeowners Association Board of Directors Meeting Minutes cif September 26, 2002 Page 1 of 2 CYPRESS':LANDING HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS MEETING MINUTES September 26, 20€2 BOARD MEMBERS PRESENT: Tony Corsello, John Hansen, Bill Martin, Frank Morgan and Bob Luther BOARD MEMBERS ABSENT: None MANAGEMENT PRESENT: Rosie Rivera of HBM, Inc. 1. CALL TO ORDER The Board of Directors Meeting of the Cypress Landing_ Homeowners Association was called to order by President Tony Corsello at 6:30 p.m. at 2096 Send Paint Road, Discovery Bay, 11. APPROVAL OF MINUTES A MOTION WAS MADE AND SECONDED (HANSENIMARTIN) TO APPROVE THE MINUTES" OF THE MAY 9, 2002 BOARD OF DIRECTORS MEETING. MOTION CARRIED. A MOTION 'ktV`AS MADE AND SECONDED (HANSEN/MARTIN) TO APPROVE THE I MINUTES OF THE JULY il, 2002 BOARD OF DIRECTORS MEETING. MOTION CARRIED. l Ill. MANAG'ER'S REPORT a. Appointment of Officers: The Annual Meeting was held on September 12, 2002, The Board of Directors will hold the following positions: President Tony Corsello Vice President John Hansen Treasurer Bill Martin Secretary Frank Morgan Member at Large Bob Luther b. Gangway Soectficafjons.7 The Board approved the final guidelines and y Y sRkITE for s for the gangways c. Landscape Upgrades: The upgrades for the landscape area at the Biscay gate was declined to due the costs. Cypress Landing Homeowners Association Board of Directors Meeting Minutes of September 26,2002 Page 2 of 2 IV. NEXT MEETING BATE The next meeting of the Cypress LandingHomeowners Board of Directors scheduled for November 14, 2002 at 7:00 p.m. in the Discovery Bay Country Club at 1475 Clubhouse Drive, Discovery Bay. V. ADJOURNMENT With business concluded the Cypress Landing Homeowners Association Board of Directors meeting was adjourned at 8:40 p.m. Approved By Date Cypress Landing Homeowners Association Board of Directors Meeting Minutes of November 14,20012 ` Page 1 of 2 CYPRESS LANDING HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS MEETING MINUTES November 14 2002 BOARD MEMBERS PRESENT: Tony Corsello Bill Martin Frank Morgan and Bob Luther IBOARD MEMBERS ABS,ENT John Hansen MANAGEMENT PRESENT: Rosie Rivera of HBM, Inc. 1. CALL TO ORDER The Board of Directors Meeting of the Cypress Landing Homeowners Association was called to order by President Tony Corsello at 7:15 p.m. at the Discovery Bay Country Club at 1475 Clubhouse Drive, Discovery Bay. 11. MANAGER'S REPORT a. Fire Hose Cabinets & Fire Extinquisher Insoec#ion:- The Board declined the bid received from C&R Fireline to inspect the fire hose cabinets and fire extinguishers due to the costs and requested Management obtain another bid. b. Foreclosure Authorization: The Board approved the authorization submitted b pp y Sunrise AssessmentServices to proceed the foreclosure of account 329-2085-01. c. Gan , a Sti ulatio.n ./.20' '-$a,bd Point Ro The homeowner at 2045 Sand . #2 '+fit �F'tq .xqY! b dNf ,Ai,Y+t 'X }C f: i n a cs`�� ia e oar remove st1pulat�on elf themgahway cioc �. L'<+i64s41,r-xw.q..r«. ,x •+n rwF as the A socia�i to s'a� in gway.s t"o be installed A MOT OR V(AS MAF3E '434c. m"K `1mi I'#t �'c ..,.,, �, 11r , rt w'f Ida': Yt t"� ak "tv SL" 71i , R C1�) TC1(E 7`HE�PULA' ION THAT .r NUVVAr .ri rtovEa I T �LR ' 5L iiia 'rT11+1`'Gi I7 d. Sand Point Road Maintenance: A homeowner requested that the Board upgrade the landscape along the driveway at Sand Paint Road. As the Association is not clear if that area belongs to the Association, Board Member Frank Morgan will check with the county and notify Management. e. Tree Removal at Biscay Gate: A large branch of the tree has broken. The landscaper Jose Espinosa recommended that the tree be removed. After review, A MOTION WAS MADE AND SECONDED (MORGAN/MARTIN) TO APPROVE THE BID SUBMITTED BY ESPINONOSA LANDSCAPE TO REMOVE THE TREE AT THE BISCAY GATE FOR A COST NOT TO EXCEED $600. MOTION CARRIED. ........... ..................... ................. .................. ......................... ................... ............... ....... Cypress Landing Homeowners Association Board of Directors Meeting Minutes of November 14,2002 Page 2 of 2 Ill. NEXT MEETING DATE The next meeting of the Cypress Landing Homeowners Board of Directors scheduled for January 9, 2003 at 7:00 p.m. in the Discovery Bay Country Club at 1475 Clubhouse Drive, Discovery Bay. IV. ADJOURNMENT With business concluded the Cypress Landing Homeowners Association Board of Directors meeting was adjourned at 8:30 p.m. Approved By Date Homy wNERs RusiNms MANAGFmENT INc. HOMEOWNER A S S O G t A T I O N MANAGEMENT : CYPRESS LANDING HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS MEETING January 16,20031 The following information is presented for your review prior to the Board of Directors' meeting. The items on which we are requesting a Beard decision are listed on the Agenda. -The other items are listed for your information. if you have any questions on any items, please contact us prier to the meeting. Please advise iManagement of non-attendance. 1. BOARD DISCUSSION ANIS DECISION 2003. In order to complywith the requirements'of the hill, the Association's delinquency policy was modified and a letter dated December 16,- 2002 distributed to the member. We are requesting that the Board review the revised policy and confirm acceptance. Pages 1-5 B. FIRE HOE CABINETS AND EXTINGUISHER INSPECTION: The fire hose cabinets and fire extinguishers have not yet been inspected for the year 2002. There are a total of 8 fire hose cabinets that includes the storage of the fire extinguishers. Management observed one hose that is filled with water that may need replacement and two extinguishers missing. Management obtained the following bids to inspect and replace the fire hose cabinets and extinguishers: ins ion: $75.00 each ` $15.00 each C & R Fireline plus trip charge of $45.o0 International Fire Equipment $450.00 N/A $56.25 each.. Contra Costa Fire Equipment NIA $12.00 each rC A sC M, 1855 GA'rFIVAr iiLAT.,Sun-F.3�0 t;t��<:cntt�,C;:.a.94520 Re lacement: Six "We .{ 1 . C & R Fireline $175.00 each $45.00 each International Fire Equipment $110.00 each N/A Contra Costa Fire Equipment N/A $39.95 each Pages 6-7 C. LANDSCAPE CONTRACT: As reported at the last meeting a homeowner requested that the Association upgrade the landscape area along the driveway at Sand Point Road. It was unclear at the time if the area is the responsibility of the Association. Board Member Frank Morgan researched whether or not the area belongs to the Association and found that it is the Association property. Management obtained a new contract in the amount of $545.00 from Espinoza Landscape to maintain the area. Page 8 Prior to maintaining the area Espinoza Landscape g p ape submitted a proposal for the initial clean up of the area in the amount of$360. Page 9 If. LANDSCAPE/GROUNDSMAINTENANCE D. WILLOW TREE AT BISCAY GATE: A branch of the willow tree at the Biscay gate had broken off. After removal of the branch, Espinoza Landscape [ recommended that the tree be removed. The Board had previously approved i a bid of$600. The work has been completed. ITEM CLOSED Ill. ARCHITECTURAL APPLICATIONS f CC&R VIOLATIONS E. GANGWAY STIPULATION,,,L 2Q46 SAND. .PQINT;�RJr ;, The Board, approved the homeowners request to removestipulation allowing the, gangway to remain if the owner decides to ,sale the ,property or relocate �te y, l er was Torwarde to ornec�wner of the Board's!'s decision..; I Elul CLt SED` IV. FINANCIALS F. BUDGET YEAR 03 R 20_ 12003: Management is preparing a preliminary budget for the fiscal year June 1, 2003 through May 31, 2004. Once completed, we will forward to the Board' for review. and °comments. The Association is required by law to distribute the budget by 45-60 prior to the year-end. IN PROGRESS G. FINANCIAL STATEMENTS': The financial statements and variance reports for November and December 2002 are enclosed for Board review. ITEM CLOSED November Pages 10-36 December Pages 37-51 H. STATUS OF COLLECTIONS: There is currently one account in collection. A copy of the Summary Aged Trial Balance as of December 31, 2002 is enclosed for Board review. ITEM CLOSED Page 52-53 V. OTHER I. BOARD LISTING: Management updated the Board listing which is enclosed for the Board's information. Please forward changes to Management. ITEM CLOSED Pages 54 J. NEWSLETTER: The next newsletter is scheduled for distribution in February. Articles should be submitted to Management by January 27, 2003. ITEM CLOSED END OF REPORT - - COMMON POLICY DECLARATIONS NovPolicy Number SCOTTSDALE INSURANCE COMPANYv CL508313be Home Office ` One Nationwide Plaza - Col - `' Administrative Stella M. Bronstein AUG -3 Q 2002 8877 North Gainey Center Drive• Drlta Valley Insumnee Urney 1-800-423-7 MANPILGEMENT A STOCK COE` 40 F A R M S R.S` . ITEM 1. Named Insured and Mailing,,Address Aum-Home-Life.ausir,e'ss CYPRESS LANDING HOMEOWNER 8065 Brentwood Blvd.,#2$ ASSOCIATION, C/O HBM, INC, Brentwood.CA 94513-1169 1855 GATEWAY BLVD. , #340 $usincss(925)634 9999 Fax CONCORD, CA 94520, ;CA 94520 (925)634-9980 Email stella@delta-valley.com Agent Name and Address License#0572308 HOWARD- JAMES/BURNS & WILCOX I INSURANCE SERVICES 15760 VENTURA BLVD. , SUITE 1023 Agent No.: 04067 Program No.: NONE ENCINO CA 91436 ITEM 2. Policy Period From: 06/01/2002 To: 06/01/2003 Term: 365 DAYS 12:01 A.M.,Standard Time at your mailing address.:' Business:Description." HOMEOWNERS ASSOCIATION In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy.This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown,there is no coverage.This premium may be subject to adjustment. Coverage`'Part(s) Premium Commercial General Liability Coverage Part $ 8,245 Commercial Property Coverage Part $ NOT COVERED Commercial Crime Coverage Part $ NOT COVERED Commercial Inland Marine Coverage Part $ NOT COVERED Commercial Auto (Business Auto or Truckers) Coverage Part $ NOT COVERED Commercial Garage Coverage Part $ NOT COVERED Professional Liability Coverage Part $ NOT COVERED Total Policy Premium: $ 8,245.00 POLICY FEE (FULLY EARNED) $ 250.00 STATE TAX 3.0 $ 254.85 STAMPING FEE .2So $ 21.24 TOTAL $ 8,771.09 Form(s) and Endr rsemerit(s) made a,part of this policy at time of issue: SEE SCHEDULE OF FORMS AND ENDORSEMENTS THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATION(S),TOGETHER WITH THE COMMON:POLICY CONDITIONS;COVERAGE PART(S),COVERAGE FORM(S)AND FORMS AND ENDORSEMENTS, IF ANY, COMPLETE THE ABOVE NUMBERED POLICY. OPS-D-1 (12-00) INSURED opsd1q.fap A� SCOTTSDALE INSURANCE COMPANYO SCHEDULE OF FORMS AND ENDORSEMENTS r ulicy No. CLS0831399 Effective Date; 06/01/2002 12:01 A.M., Standard Time Named insured CYPRESS LANDING HOMEOWNER Agent No. 04067 UTS-246s 3-02 Amend Endts ,No Med Pay Excl CLS-J-2 11-95 Common Policy Jacket OPS-D-1 12-00 Common Policy Declarations UTS-SP-2 12-95 Schedule Of Forms and Endorsements. UTS-271.8 6-98 Year 2000 Exclusion CLS-SD-IL 8-01 GL Supplemental Dec CLS-SP-1L 10-93 GL, Ext Supplemental Dec CG 00 01 10-01 General Liab Cov CG 00 57 9-99 Amend Ins Agree-Know Inj-Dmg CG 20 '02 11-65 Al-Club Members CG 21 01 11-85 Excl-Athletic-Sports Partic GLS-83g 3-92 Subsidence Excl GLS-152s 12-96 Amend To other Ins Condition UTS-128s 2-02 optional Provisions Endt UTS-294g 7-01 Mold Exclusion (Liability) UTS-253-CA 1-97 CA-Amendatory Endorsement ADDITIONAL FORMS FORM D2 (01/99) NOTICE INSURED utssp2g.faP UTS-SP-2(92-95) . SCtTTS] ALE;INSTP~ ANCE COMPANY' ENDORSEMENT ' NO. ATTACHED Tq AN0 ENDORSEMENT EFFECTIVE DATE FORMING A PA9RT OP NAMED INSURED AGENT NO. POuCYNUMSER (12;01A.M..STANDAPDTIME) CLS0831399 06/01/2002CYPRESS LANDING HOMEOWNER 04067 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE HEAD IT CAREFULLY. AMENDATORY ENDORSEMENTS (Without Medical Payments Exclusion) This endorsement lists several endorsements that modify your policy as follows: IL 00 17 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions: A. Cancellation B. Changes 1. The first Named Insured'shown in the'Declarations This policy contains all the agreements between you may cancel this policy by mailing or delivering to and us concerning the insurance afforded. The first -us-,advar-Ice-vrltteR-netice-of-oa.neeliatlori-__—__.__W ___..: Na ed-]nsured-show-n-in-the-Daelarations-is-aautfleri-zed-_-_: to make changes In the terms of this policy with our 2. We may cancel this policy by mailing or delivering consent. This policy's terms can be amended or to the first Flamed`Insured written notice of cancel- waived only by endorsement issued by us and made a lation at least: part of this policy. a. 10 days before the effective date of cancella- C. Examination of Your Books and Records tion if we cancel for nonpayment of premium; or We may examine and audit your books and records as they relate to this policy at any time during the policy b. 30 days before the effective date of cancella- period and up to three years afterward. tion if we cancel for any either reason. D. Inspections and Surveys :' 3. We will mail or deliver our notice to the first Named I nsured's last mailing address known to us. 1. We have the right to: 4. Notice of:cancellation will state the effective date of a. Make inspections and surveys at anytime; cancellation. The policy period will end on that b. Give you reports on the conditions we find; date. and 5. If this policy is canceled, vire will send the first c. Recommend changes. Named Insured any premium refund due. If we 2. We are not obligated to make any inspections, sur- cancel, the refund will be pro rata: If the first vet's, reports or recommendations and any such Named Insured cancels, the refund may be less actions we do undertake relate only to insurability than pro data. The cancellation will be effective and the premiums to be charged. We do not make even if we have not made or offered a refund. safety inspections. We do not undertake to per- 6. If notice is mailed, proof of mailing will be sufficient form the duty of any person or organization°to proof of notice. provide for the health or safety of workers or the public.And we do not warrant that conditions: Includes copyrighted material of ISO Properties,Inc.,with its permission, Copyright,ISO Properties,Inc.,1998 Page 1 of 5 UTS-246s(3-02) INSURED This exclusion applies: (c) Employment-related practices, policies, (1) Whether the insured may be liable as an em- acts or omissions, such as coercion, de- ployer or in any other capacity and motion, evaluation, reassignment, disci- pllne; defamation, harassment, humiliation (2) To any obligation to share damages with or re- or discrimination directed at that person; pay someone else who must pay damages or because of the injury. (2) The spouse, child, parent, brother or sister of B. The following exclusion is added to Paragraph 2., Ex- that person as a consequence ,of "personal cluslons of Section I -"Coverage B Personal and and advertising Injury"to that person at whom Advertising Injury Liability: any of the employment-related practices de- scribed in Paragraphs (a), (b), or (c) above is This insurance does not apply to: directed. "Personal and advertising injury"to: This exclusion applies: (1) A person arising out of any: (1) Whether the insured may be liable as an em- (a) Refusal to employ that person; player or in any other capacity;and (b) Termination of that person's employment; (2) To any obligation to share damages with or re- or_ pay someone else who must pay damages because of the injury. CLS-74s (11-01) COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENT. COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM The CONDITION entitled When We Do Not Renew is deleted in its entirety. tL 00 21 0498 NUCLEAR ENERGY LIABILITY EXCLUSION (BROAD FORM) This endorsement modifies insurance provided under the following: COMMERCIALAUTO COVERAGE PARI COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART 1. The insurance does not apply: such policy but for its termination upon ex- A. Under any Liability Coverage, to "bodily injury" or haustion of its limit of liability,or °property damage": (2) Resulting from the "hazardous properties of "nuclear material"and with respect to which(a) (1) With;respect to which an "Insured" under the any person or organization is required to main- policy is also an insured under a nuclear era- twin financial protection pursuant to the Atomic ergy liability policy issued by Nuclear Energy Energy Act of 1954, or any law amendatory Liability Insurance Association, Mutual Atomic thereof, or (b) the"Insured" is, or had this poli- Energy Liability Underwriters, Nuclear insur- cy not been issued would be; entitled to in- ance Association of Canada or any of their successors, or would be an insured under any demnity from the United States of America; or Includes copyrighted material of ISO Properties,Inc.,with its permission. Copyright,ISO Properties,Inc.,1998 UTS-246s(3-02) Page 3 of 5 GLS-30s(6-98) CONTRACTORS SPECIAL CONDITIONS The following has been added to the policy: charge will be computed by multiplying the"total cost"of all CONTRACTORS SPECIAL CONDITIONS work sublet that falls to meet the above condition, by the rate per$1000 payroll for the applicable classification of the You will obtain certificates of insurance from all independ work performed, ent`contractors providing evidence of: If the policy does not:contain the applicable classification 1. Limits of Insurance equal to or greater than the limits and rate, we will multiply our usual and customary rate per provided by this policy;and $1000 payroll for that classification, by the net modification 2. Coverage equal to or greater than the coverages pro factor, if any,applied to the policy rates. vided by this policy. "Total cost" means the cost of all labor, materials and; equipment furnished, used or delivered for use in the exe Failure to comply with this condition dices not alter the cov- cution of the work and all fees, bonuses or commissions erage provided by this policy. However, should you fail to paid comply, a premium charge will be made. The premium UTS-74g(8-95) PUNITIVE OR EXEMPLARY DAMAGE EXCLUSION T i policy°Toes lot app- Ty to cCais li cid or inde�nnifficati � If suit is brought against any insured for a claim failing with- for punitive or exemplary damages. in coverage provided under the policy, seeking both corn 'unitive or exemplary damages also include any darnages com- pensatory and ,punitive or exemplary damages, then the awarded pursuant to statute in the form of double,treble or Company will afford a defense to such action. However,the other multiple damages in excess of compensatory darn- Company will have no obligation to pay for any costs;inter- ages. est or damages attributable to punitive or exemplary dam- ages. uTs-266g (5-98) ASBESTOS EXCLUSION This policy does not apply to: arising out of or involving asbestos, asbestos fibers or (1) damages in any way or to any extent arising out of or any product containing asbestos or asbestos fibers. involving asbestos,''asbestos fibers, or any product (3) Any fees,fines, costs, or expenses of any nature what- containing asbestos or asbestos fibers. soever in the investigation or defense of any claim or (2) Any economic loss, diminution of property value, suit arising out of or involving asbestos, asbestos bers, or any product containingasbestos or asbestos fi- : abatement costs, or any other loss; cost or expense in- fibers. cluding equitable relief, in.any way or to any extent AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties,Inc.,with its permission. Copyright,ISO Properties,Inc.,1998 A� ENDORSEMENT N Y E INSURANCE COMP D ENENDORSEMENT NO. ATTACHED TD AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12;OY A.M.STANDARD TIME) NAMED INSURED POLICY NUMBER AGENT NQ. CLS0831399 06/01/2002 CYPRESS LANDING HOMEOWNER 04067 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL?IT CAREFULLY. EXCLUSION -YEAR 2000 COMPUTER - RELATED AND OTHER ELECTRONIC PROBLEMS The following Exclusion is added to the policy: (f) Any other computerized or electronic equip- This insurance does not apply to any loss, claim, damages, Ment or.components;or cast, or expense arising directly or indirectly out of: (2) Any other products,and any services,data or func- A. Any actual or alleged failure, malfunction or inade- tions that directly or indirectly use or rely upon, in quacy of any manner, any of the items listed in Paragraph A. of this endorsement (1) Any of the following, whether belonging to any in- due to the inability to correctly recognize, process, __.�. ___cured r rtq otheryear 20M ande= (a) Computer hardware, including microproces- yond cors; B. Any advice, consultation, design, evaluation, inspec- (b) Computer application software; tion, installation, maintenance, repair, replacement or supervision provided or done by you or for you to ware; (c) are; ter operating systems and related`soft- determine, rectify or test for, any potential or actual problems described in Paragraph A. (d) Computer networks; (e) Microprocessors (computer chips) not part of any computer system; or AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Copyright,Insurance Services Office,Inc., 1997 UTS-271g(6-98) INSURED A SC=DALE INSURANCE COMPANT COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS Policy No. CLS0831399 Effective Date 06/01/2002 12:01 A.M., Standard Time Named Insured CYPRESS LANDING HOMEOWNER Agent No. 04067 Item 1.Limits of Insurance Coverage Limit of Liability Aggregate Limits of Liability Products/Completed $ 2,000,000 Operations Aggregate General Aggregate(other than $ 2,000,000 Products/Completed Operations) Coverage A'-Bodily Injury and any one occurrence subject Property Damage Liability to the Products/Completed Operations and.General $ 2,000,000 Aggregate Limits of Liability any one premises subject to the Coverage A occurrence and Damage to Premises Rented to You Limit $ 100,000 of Liability Coverage B-Personal and any one person organization Advertising Injury Liability' subject to the General Aggregate $ 2,G00,000 Limits of;,Liability Coverage C'-Medical Payments anyone person subject to the Coverage A occurrence and $, S'000 the General Aggregate Limits Item 2.Description of Business Form of Business: Individual ❑ Partnership ❑ Joint Venture ❑ Trust ❑` Limited Liability Company 13 Organization including a corporation(other than Partnership,Joint Venture or Limited Liability Company) Location of All Premises You Own, Rent or Occupy: DISCOVERY BAY BLVD!. BRYON, CA 94S14 Item 3.Forms and Endorsements Form(s)and Endorsement(s) made a part of this policy at time of issue: See Schedule of Forms and Endorsements Item 4.Premiums Coverage Part Premium: $ 8,24S Other Premium: $ Total Premium: $ 8,24S 'HESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND CHE'POLICY PERIOD. C 1 CCt1_il !c-nil TN7.,gT7PP..Tl rl coli o fsr SCOTTSDALE INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY COVERAGE PART` EXTENSION OF SUPPLEMENTAL DECLARATIONS Policy No. CLS0831399 Effective Date: 06/01/2002 12:01 A.M., Standard Time Named insured CYPRESS LANDING HOMEOWNER Agent No. 04067 Prem. No. Bldg. No. Class Cade Exposure Basis l l 41670 97 PER DWELLING` Class Description: Premises/Operations HOMEOWNER ASSOCIATION (SINGLE FAMILY) (INCLUDING PRODUCTS/COMPLETED OPERATIONS ARE Rate Premium SUBJECT TO THE GENERAL AGGREGATE LIMIT.) 7.00 679 Products/Comp Operations Rate Premium INCLUDED INCLUDED Prem. No. Bldg. No. Class Code Exposure Basis 1 1 1010S 97 PER DOCK Class Description: Premised/Operations ,OAT DOCKS Rate Premium 6S 6,30S Products/Comp Operations Rate Premium INCLUDED INCLUDED Prem. No. Bldg. No. Class Code Exposure Basis 1 1 48727 1 PER MILE Class Description: Premises/Operations' STREETS OR ROADS Rate Premium 261 261 Products/Comp Operations Rate Premium Prem. No. Bldg. No. Class Code Exposure Basis 1 1 FLAT Class Description: Premises/Operations TO INCREASE LIMITS To Rate Prernlurf! 2/2/2/2 FLAT 1, 000 Products/Comp operations Rate Premium CLS-SP-1L(10-93) INSURED COMMERCIAL GENERAL LIABILITY CGOgo11001 COMMERCIAL IAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Readb. This insurance applies to "bodily injury" and the entire policy carefully to determine rights,'duties "property damage"only If: and what is and is not covered. (1) The"bodily injuryor"property damage"is Throughout this policythe words"you"and "your" refer caused by an "occurrence" that takes to the Named Insured shown In the Declarations, and place in the"coverage territory";' any other person or organization qualifying as a (2) The "bodily injury" or "property damage" Named'Insured under this policy.The words"we", "us" occurs during the policy period';and and "our" refer to the company providing this insur- ance. ( ) Prior to the policy period, no insured listed The ward "insured" means any person or organization under Paragraph 1. of Rection 11 -Who 1s An Insured and no "employee!' authorized qualifying as such under Section I1--Who Is An Insureds by you to give or receive notice of an "oc- Other words and phrases that appear°in quotation currence" or claim, knew that the "bodily marks have special meaning. Refer to Section V - injury" or "property damage" had oc- Definitions. curred, in whole or in part. If such a listed SECTION I-COVERAGES insured or authorized "employee" knew; COVERAGE A BODILY INJURY AND PROPERTY prior to the policy period, that the "bodily DAMAGE LIABILITY injury„ or "property damage" occurred, then any continuation, change or resump- 1. Insuring Agreement tion' of such "bodily injury" or "property . a. We will pay those sums that the insured be' -__ - �daage" ttrirg car-after—tie policy-period- --_.__ carnes legally obligated to pay as damages wilt be deemed to have been known prior because of "bodily'injury" or "property'dam- age" to which this insurance applies. We will c. "Bodily 'injury or "property, damage" which have the right and duty to defend the insured occurs during the policy period and was not, against any "suit" seeking those damages. prior to the policy period, known to have oc- However,we wltl have no duty to defend the in curred by any insured listed under Paragraph sured'against any "suit" seeking'damages for 1.of Section 11 -Who Is An Insured or any"em "bodily injury" or "property damage" to which ployee" authorized by you to give or receive this insurance does'not apply. We may, at our notice of an "occurrence" or claim, includes discretion, investigate any "occurrence" and any continuation,change or resumption of that settle any claire tar"salt"that may result. But: "bodily injury" or "property damage" after the (1) The amount we will pay for damages is end of the policy period. limited as described in Section III - Limits d_ "Bodily injury" or "property damage" will be Of Insurance;and deemed to have been'known'to have occurred (2) Our right and duty to defend ends when at the earliest'-time when any insured listed under Paragraph 1. of Section 11 - Who 1s An we have used up the applicable limit of in- surance in thepayment of judgments or "employee"Insured or any employee authorized by you settlements under Coverages A ,or B or to give or receive notice of an occurrence" or medical expenses under Coverage C. claim: (1) Reports all, or any part,;of the "bodily in- No other obligation or liability tojury„ or ”property damage'.,pay sums or " to us or any perform acts=or services is covered unless ex- plicitly provided for under Supplementary Pay- ments-Coverages A and,B. (2) Receives e written or,verbal demand or claim for damages because of the "bodily; injury"or"property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. CG oo o1 10 o1 Copyright, ISO Properties, Inc.,2400 Page 1 of 16 .r 1K4 e,rTn vr+. f:. Pollution (d) At or from any premises, site or foca- (1) "Bodily injury" or "property damage" aris- tion on which any insured or any con- ing out of the actual, alleged or threatened tractors or subcontractors working discharge, dispersal, 'seepage, migration, directly or indirectly,on any insured's release or escape of"pollutants": behalf are performing operations if the °pollutants" are brought on or to the (a) At or from any premises, site or loca- premises, site or location in connec- tion which is or was at any time owned tion with such operations by such in- or occupied by, or rented or loaned to, sured, contractor or subcontractor. any insured. However, this subpara- However, this subparagraph does not graph does not apply to: apply to: (1) "Bodily injury" if sustained within a (f) 'Bodily injury" or "property dam- building and caused by smoke, age" arming out of the escape of fumes, vaporor soot from equip- fuels,lubricants or other operating'»' ment used to heat that building; fluids which are needed to per- (11) "Bodily'injury" or "property dam- form the normal electrical, hy- age"for which you may be held II- draulic or mechanical functions able, If you are a contractor and necessary for the operation of the owner or lessee of such prem- "mobile equipment" or its parts, if Ises, site or location has been such fuels, lubricants or other op- added to your policy'as an addi- erating fluids escape from a ve tional insured with respect to your hicle part designed to hold, store tangoing operations performed for or receive them. This 'exception that additional insured at that does not apply if the"bodily injury" premises, site or 'location and or"property damage"arises out of:. such premises, site or location is the intentional'discharge, disper tfi�e�#eels;-lubr-i-- cupied'by, or rented or loaned to, cants or other operating fluids, or any insured, other.than that add!- if such fuels, lubricants or other tional nsured;or operating fluids are brought on or (Iii) "Bodily injury or "property darn- to the premises, site or location age"arising out of heat, smoke or with the intent that they be dis= fumes from a"hostile fire" charged, dispersed or released as part of the operations being per (ti) At or from any premises, site or loca- formed by such Insured, contrac- tion which is or was at any time used for or subcontractor; by or for any Insured or others for the handling, storage, disposal, process- (iI) "Bodily Injury or "property dam - handling, or treatment of waste;` age" sustained within a building (c) Which are.or were at any time trans and caused by the release ofgases, fumes or vapors from ma- ported, handled, stored, treated, dis terials brought into that building in posed of, or processed as waste by or connection with operations being for: performed by you or on your be- (1) Any insureds or half by a contractor or subcon- (11) Any person or organization for tractor; or` whom you may be legally'respon- (111) 'Bodily injury" or "property dam- sible;or age„ arising out of heat, smoke or fumes from a"hostile fire". CG oo o1 10 01 Copyright, 150 Properties, Inc., 2000 Page 3 of 16 Paragraphs (1), (3) and (4) of this exclusion n. Recall Of Products,Werk Or Impaired do not apply to "property damage"(other than Property damage by fire) to premises, including the Damagesclaimed for any loss, cost or ex- contents,of such premises, rented to you fora pease incurred by you or others for the loss of period of 7 or fewer consecutive days. A sepa- use, withdrawal, recall,:inspection, repair, re- rate limit of insurance applies to Damage To placement,adjustment,removal or disposal of Premises Rented To You as described in Sec- tion III-Limits Of Insurance. (1) "Your product"; Paragraph (2) of this exclusion does not apply (2) "Yourwork";'or I the premises are"your work"and were never, (3) "Impaired property" occupied,rented or Feld for rental by you. if such product,work, or property is withdrawn Paragraphs (3), (4), (a) and (6) of this exclu or recalled from the market or from use by any sion do not apply to liability assumed under a person or organization because of a known or sidetrack agreement., suspected defect, deficiency, inadequacy or Paragraph (e) of this exclusion does not apply dangerous condition in it. to "property damage" included in the "prod o. Personal And Advertising Injury ucts-completed operations hazard".. "Bodily injury" arising out of"personal and ad- k. Damage To Your Product vertising injury" "Property damage" to "your product" arising' Exclusions c. through n. do not apply to damage out of It or any part of it. by fire to premises while rented to you or tempora I. Damage To Your Work My occupied by you with permission of the owner. A separate limit of insurance applies to this cover- "Property damage"to"your work"arising out of age as described in Section III - 'Limits Of insur- it or any part of it and included in the "prod- ance. ucts-completed operations hazard". ---------- -- -- - - -- This exclusion'does not apply if the damaged INJURY LIABILITY work or the work out of which the damage -arises was performed on your behalf by a sub- 1• Insuring Agreement contractor. a. We will pay those sums that the insured be m. damage To Impaired Property Or Property comes legally obligated to pay as damages Not Physically Injured because of"personal and advertising injury"to which this insurance applies. We will have the "Property darrrage" to "impaired property" or right and,,duty to defend the insured against property that has not been physically injured, any "suit seeking those -damages. However, arising out of: we will have no duty to defend the insured (1) A defect, deficiency, inadequacy or dan- against any "suit" seeming damages for "per- gerous condition in"your product"or"your sonal and advertising" injury to which this work"; or insurance does not apply. We may, at our dis- (2) A delay or failure by you or anyone acting cretion, investigate any offense and settle any on your behalf to perform a contract or claim or"suit"that may result. But: agreement in accordance with its terms. (1) The amount we will pay for damages:is This exclusion does'not apply to* the loss of limited as described in Section III - Limits use of other property arising out of sudden and Of Insurance;and accidental physical injury to "your product" or (2) Our right and duty to defend end when we "your work" after it has been put to its intended have used up the applicable limit of in- use. surance in the payment of judgments or se ttlements under Coverages A or B'or medi- cal expenses under Coverage C. ........... ........................... .......... ................................ .............................­­­­­­...... .. ........................................ .......... ....... ... ....... ............... I. Unauthorized Use Of Another's-Name or (2) Necessary medical, surgical, x-ray and Product dental services, including prosthetic de- "Personal and advertising injury" arising out of vices;and the unauthorized use of> another's name or (3) Necessary ambulance, hospital, profes- product in your e-mail address, domain name slonal nursing and funeral services. or metatag, or any other similar tactics to mis- 2. Exclusions lead another's potential customers. m. Pollution We will not pay expenses for"bodily injury": "Personal and advertising injury` arising out of a. Any Insured the actual, alleged or threatened discharge, To any insured, except"volunteer workers". dispersal, seepage, migration, release or es- b. Hired Person cape of'pollutants"at any time. To a person hired to do work for or on behalf n. Pollution-Related of any insured or a tenant of any insured. Any loss, cost or expense arising out of any: c. Injury On Normally Occupied Premises (1) Request, demand or order that any in- To a person injured on that part of premises sured or others test for, monitor, clean up, you own or rent that the person normally occu- remove, contain, treat, detoxify or neutral- pies. ize, or in any way respond to, or assess d. Workers Compensation And Similar Laws the effects of, "pollutants"; or To a person, whether or not an "employee" of (2) Claim or suit by or on behalf of a govern- any insured, if benefits for the "bodily injury" mental authority for damages because of testing for, monitoring, cleaning up, re- are payable or must be provided under a work- moving, containing,treating,detoxifying or ers' compensation or disability benefits law or n6utraiiiing, or in any way responding to, a,similar law.. ----e----Athliatics-Activities----- COVERAGE C MEDICAL PAYMENTS To a person injured while taking part in athlet- 1. Insuring Agreement ics. a. We will peiy medical expenses as described f. Prod ucts-Completed Operations Hazard Included within the "products-completed op- below for "bodily injury" caused by an acci- dent: erations hazard". (1) On premises you own or rent; g. Coverage A Exclusions (2) On ways next to premises you own or rent; Excluded under Coverage A. or h. War (3) Because of your operations; Due to war,whether or not declared,or any act provided that: or condition incident to war. War includes civil (1) The accident takes place in the "coverage war, insurrection, rebellion or revolution. territory"and during the policy period; SUPPLEMENTARY PAYMENTS-COVERAGES A (2) The expenses are incurred and reported to AND 13 us within one year of the date of the asci- 1. We will pay, with respect to any claim we investi- dent;and gate or settle, or any "suit" against an insured we (3) The injured person submits to examina- defend: tion, at our expense, by physicians of our a. All expenses we incur. choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap- plicable limit of insurance. We will pay reason- able expenses for: (1) First aid administered at the time of an ac- cident; CG0001 1001 Copyright, ISO Properties, Inc., 2000 Page 7 of 16 SECTION II-WHO IS AN INSURED (b) To the spouse, child, parent, brother ' ' 1. if you are designated in the Declarations as: or sisterof thatco-"employee" or"vol- unteer worker' as a consequence of a. An individual, you and your spouse are in Paragraph (1)(a) above; sureds, but only with respect to the conduct of a business of which you are the sole owner. (c) For which there is any obligation to b. Aartnershi joint venture, you are an in share damages with or repay some- one else who must pay damages sured.'Your members,your partners, and their because of the injury described in spouses are also insureds, but only with re- Paragraphs(1)(a) or(b) above; or spect to the conduct of your business. (d) Arising out of his or her providing or c. A limited liability company,you are an insured. failing to provide professional health Your members are also insureds, but only with care services. respect to the conduct of your business. Your managers are insureds, but only with respect' (2) "Property damage"to property: to their duties as your managers. (a) Owned, occupied or used by: d. An organization other than a partnership, joint (b) Rented to, in the care, custody or con- venture or limited liability company,you are an trol of, or over which physical control insured.Your"executive officers"and directors is being exercised for any purpose by are insureds, but only with respect to their you, any of your "employees", "volunteer duties as your officers or directors.Your stock- workers", an member holders are also insureds, but only with re- y partner you spect to their liability as stockholders. are a partnership or joinntt venture), or any any o member (if you area limited liability com- e. A trust, you are an insured. Your trustees are pany): also insureds,but only with respect to their du- b. Any person (other than your "employee" or ties as trustees. "volunteer'worker"), or any organization while' -----�;;_- hrof•thlFow •ls-alao•an-irrsgred ----------_----- ----actin _ ----- irrg' g-�s-your-real-estattrr�ager.-----_--- a. Your"volunteer workers"only while.:performing C. Any person or organization having proper tern- dudes related to the conduct of your business, porary custody of your property if you die, but or your "employees other than either .your only: "executive officers" (if you are an organization (1) With respect to liability arising out of the ether than a partnership, joint venture or lim- maintenance or use of thatro e ited liability company)or your managers(if you p p rrY;and are a limited liability company), but only for (2) Until your legal representative has been acts within the scopeof their employment by appointed. you or while performing duties related to the d_ Your legal representative if you die, but only conduct of your business. However, none of with respect to duties as such. That represen- these "employees" or "volunteer workers" are tative will have all your rights and duties under insureds for: this Coverage Part. '(1) "Bodily.injury"or"personal and advertising 3. With respect to "mobile equipment" registered in injury": your name under any motor vehicle registration (a) To you, to your partners or members law, any person is an insured while driving such (if you are a partnership or joint ven- equipment along a public highway with your per- ture), to your members (ff. you are mission. Any other person or organization respon- a limited liability company), to a co- sible for the conduct of such person is also an "employee" while in the course of his insured, but only with respect to liability arising out or her employment or performing du of the operation of the equipment, and only if no ties related to the conduct of your other insurance of any kind is available to that per- business, or to your other "volunteer' son or organization for this;liability. However, no workers" while performing duties re person or organization is an insured with respect "lated to the conduct of your business; to: a. "Bodily injury" to a co-"employee" of the per- son driving the equipment; or b. "Property damage"to property owned by, rent- ed to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. .................................................................................................. .......... ........... ................. ....... ....................................................................... b. If a claim is made or "suit" is brought against 4. Other Insurance any insured,you must: If other valid and collectible insurance is available (1) Immediately record the specifics of the to the insured for a loss we cover under Coverages claim or"suit"and the date received; and A or B of this Coverage Part, our obligations are (2) Notify us as soon as practicable. limited as follows: You must see to it that we receive written no- a. Primary Insurance tice of the claim or "suit" as soon as practica- This insurance is primary except when-b, be- ble. low applies. If this insurance''is primary, our c. You and any other involved insured must: obligations are not affected unless any of the other insurance is also primary. Then, we will (1) Immediately sendus copies of any de- share with all that other insurance by the meth- mands, notices, summonses or legal pa- od described in c. below. pers received in connection with the claim or"suit" b. Excess Insurance ; (2) Authorize us to obtain records and other This insurance is excess over information; (1) Any of the other insurance, whether pri- (3) Cooperate with us in the investigation or maty; excess, contingent or on any other settlement of the claim or defense against basis: the"suit";and (a) That is Fire, Extended Coverage, (4) Assist us, upon our request, in the enforce- Builder's Risk, Installation Risk or simi- ment of any right against any person or lar coverage for"your work"; organization which may be liable to thein- (b) That is Fire insurance for premises sured because of injury or damage to rented to you or temporarily,occupied which this insurance may also apply. by you with permission of the owner; -d--.—N-o--ins.ured—will,-excap.t.-at-th.at--Ins.ur-ed:�--- cost, voluntarily make a payment, assume any cover your liability as a tenant for obligation,or incur any expense,other than for property damage"to premises rented first aid,without our consent. to you or temporarily occupied by you 3. Legal Action Against Us with permission of the owner; or No person or organization has a right under this (d) If the loss arises out of the mainte- nance or use of aircraft, "autos" or Coverage Part: watercraft to the extent not subject to a. To join us as.a party or otherwise bring us into Exclusion g. of Section I -Coverage A a"suit"asking for damages from an insured; or - Bodily Injury And Property Damage b. To sue us on this Coverage Part unless all of its Liability. terms have been fully complied with. (2) Any other primary insurance available to A person or organization may sue us to recover on you covering liability for damag'es arising an agreed settlement or on a final judgment out of the premises or operations for which against an insured; but we will not be liable for you have been added as an additional in- damages that are not payable under the terms of sured by attachment of an endorsement. this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. Pagel 1 of 16 CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 3. "Bodily injury"means bodily injury,sickness or dis- 9. ."Insured contract"means: ease sustained by;a person, including death result a. A.:contract for a lease of premises. However, ing from any of these at any time. that portion of the contract for a lease of prem- 4. "Coverage territory"means: Ises thatindemnifies any person ,or organi- a. The United States of America (including its zation for damage by fire to premises while territories and possessions), Puerto Rico and rented to you or temporarily occupied by you Canada; with permission of the owner is not an"Insured b. International waters or airspace, but only if the contract"; injury or damage occurs in the course of travel b. A sidetrack agreement; or transportation between any places included c. Any easement or license agreement, except in in a.above-; or connection with construction or demolition op- c. All other parts of the world if the injury or dans erations on or within 50 feet of a railroad; age arises out of: d. An obligation, as required by ordinance, to in (1) Goods or products made or sold by you in de nify a municipality,; except in connection the territory described In a.above; with work for a municipality; (2) The activities of a person whose home is in e. An elevator maintenance agreement; the territory described in a. above, but is f. That part of any ether contract or agreement away for a short time on your business';or pertaining to your business (including an in (3) "Personal and advertising injury" offenses demnification of'a municipality in connection that take place through the Internet or sim- with work performed for a municipality) under liar electronic means of communication which you assume the tort liability of another provided the insured's responsibility to pay darn= party to pay for "bodily injury" or "property damage to a third person or organization.Tart ages is determined in a "suit"on the merits, in the liability means a liability that would be imposed - territory described in a.above or in a settlement we _._--mothe absence of w in an�r agree to. - -- ment. 5. "Employee"Includes a"leased worker". "Employee" Paragraph'..f. does not include that part of any: does'not include a"temporary worker". contract or agreement 6. "Executive officer" means a person holding any of 0 That indemnifies a railroad for "bodily in- the officer positions created by your charter, con jury" or "property damage" arising out of stitution, by-laws or any other similar; governing construction or demolition operations, document within 50 feet of any railroad property and T "Hostile fire"means one which becomes uncontrol- affecting any railroad . bridge or trestle, table or breaks out from where it was intended to tracks, road-beds, tunnel, underpass or be crossing; B. "Impaired property means tangible property, other (2} That indemnifies an architect, engineer o than "your product" or "your work",that cannot be surveyor for injury or damage arising out used or is less useful because: of: a. It incorporates "your product" or "your work" (a) Preparing, approving, or failing to pre that is known or thought to be defective, defi pare or approve, maps, shop draw cient, inadequate or dangerous;or ings, opinions, reports, surveys, field b. You have failed to fulfill the terms of a contract orders, change orders or drawings or agreement; and specifications; or if such property can be restored to use by: (b) Giving directions or instructions, or - failing to give them, if that is the pri- a. The repair, replacement, adjustment or remov- mary cause of the injury or damage;or al of"your product"or"your work"; or b. Your fulfilling the terms of' the. contract or (3} Under which the insured, if an architect, engineer or surveyor, assumes liability for agreement. an injury or damage,arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in (2) above and supervisory, 'inspection, ar- chitectural or engineering activities. 15. "Pollutants" mean any solid, liquid; gaseous or b. Loss of use of tangible property that is not thermal irritant or contaminant, including smoke, physically Injured:All such loss of use shall be vapor, soot, fumes, acids, alkalis, chemicals and deemed to occur at the time of the "occur- waste. Waste includes materials to be recycled, re- rence"that caused it conditioned or reclaimed. For the purposes of this insurance, electronic data 16. "Products-completed operations hazard": is not tangible property. a. Includes all "bodily injury" and "properly damp As used in this definition, electronic data means age" occurring away from premises you own information, facts or'programsstored' as or on, or rent and arising out of "your product" or created or used on, or transmitted to or from com- "your work"except: puter software, Including systems and applications (1)' Products that are still in your physical pos- software, hard or floppy disks, C[7-ROtvIS, tapes,, session;or drives, cells, data processing devices or any other media which are used with electronically controlled (2) Work that has not yet been completed or equipment. abandoned. However, "your work" will be 18. "Suit" means a civil proceeding in which damages deemed completed at the earliest of the p g g following times; because of "bodily injury" "property damage" or „personal and advertising injury" to which this in- (a) When all of the work called'for in your surance applies are alleged. "Sud"includes: contract has been completed: a. An arbitration;proceeding in which such dam- (b) When all of the work to be done at the ages are claimed and to which the insured job site has been completed if your must submit or does submit with our consent; contract calls for work at more than or one job site. b. Any other alternative dispute resolution ,pro- (c) When that part of the work done at a seeding in which such damages are claimed job,site has been put to its intended and to which the insured submits with our con er than another contractor or subcon- tractor working on the same project. 19. 'Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee"on heave or to meet seasonal'or short-term correction, repair or replacement, but . workload conditions. which is otherwise complete, will be treated as completed. 20- "Volunteer worker"means a person whois not your „employee" and who donates his or her work and b. Does not include "bodily "injury" or "property acts at the direction of and within the scope of du- damage'"arising out of: ties determined by you, and is not paid a fee, sat- (1) The transportation of property, unless the ary or other compensation by you or anyone else injury or damage arises out of a condition for their work performed for you. in or on a vehicle not owned or operated 21. "Your product": by you,and that condition was created by the "loading or unloading" of that vehicle a. Means:. by any insured; (1) Any goods or products, other than real (2) The existence of tools, uninstalled equip- property, manufactured, sold;' handled, ent or abandoned or unused materials; distributed or disposed of by: or (a) You., (3) Products or :operations for which the (b) Others trading under your name;or classification, listed in the Declarations or (c) A person or organization whose busi- in apolcy schedule, states that products- ness or assets you have acquired;and completed operations are subject to the General Aggregate Limit. (2) Containers(other than vehicles),materials, parts or equipment furnished in connec- 17. "Property damage"means: 'tion with such goods or products. a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or CG 00 01 10 01 Copyright, ISO Properties, Inc., 2000 Page 15 of 16 COMMERCIAL GENERAL LIABILITY CG 00 57 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT CSE INSURING AGREEMENT - KNOWN INJURIA OR DAMAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERALLIABILITY COVERAGE PART(OCCURRENCE VERSION) Paragraph 1. Insuring Agreement of Section I - "occurrence" or claim, knew that the Coverage A - Bodily Injury And Property Damage "bodily injury" or "property damage" had Liability is replaced by the following:' occurred, in"whole or in part If such 'a 1. insuring Agreement listed 'insured or authorized "employee" knew, ,prior to the policy period, that the a. We will pay those suras that the insured be- "bodily injury" or "property damage" oc comes legally obilgated to pay as damages because' of "bodily injury" or "property dam- carred, then any continuation, change or resumption of such bodily injury or age to which this insurance applies. We will "property damage" during or after the have the right and duty to defend the insured against any "suit" seeking those damages. policy period will be deemed to have been However, we will have no duty to defend the known prior to the policy period. insured against,any"suit" seeking damages for c. "Bodily injury' or"property damage"which oc- "bodily injury car ' rp o qq damage" to which curs during the policy period and was not, ----._.-_ - ------- ---------_ nor-to-the clic ericd-, }rrrowrrto•-have-oc= this insurance does not apply. We may, at our p � discretion, investigate any "occurrence" and carred by any insured listed under Paragraph; settle any claim or'suit"that may result. But: 1. of Section 11 Who Is An insured or any (1) The;amount we will pay for damages is "employee" authorized by you togive or re - or notice of an occurrence" or claim, limited as described in Section III - Limits includes any continuation, change or resump- Of insurance;and tion of that"bodily injury"or"property damage" (2) Our right and duty to defend end when we after the end of the policy:period. have used up the applicable limit of insur- d. "Bodily injury" or "property damage" will be ance in the payment of judgments or set deemed to have been known to have occurred tlements under Coverages A or B or at the earliest time when any insured listed medical expenses under Coverage C. under Paragraph'1. of Section II - Who Is An No ether obligation or liability to pay sums or Insured or any "employee" authorized by you perform acts or services is covered unless to give or receive notice of an"occurrence"or explicitly provided for under Supplementary claim: Payments-CoveragesA and S. (1) Reports all, or any part, of the "bodily in b. This insurance',applies to "bodily injury` and jury" or "property damage" to us or any "property damage"only if; other insurer (1) The"bodily injury" or "property damage" is (2) °Receives a written or verbal demand or caused by, an "occurrence" that takes claim for damages because of the "bodily place in the"coverage territory"; injury"or"property damage";or (2) The "bodily injury" or "property damage (3) 'Becomes aware by any other means that occurs during the policy period;and "bodily injury" or "property damage" has 3 .Prior to the olio occurred or has begun to occur. :( } policy no ins-tired listed under Paragraph 1. of Section If -Who Is e. Damages because of "bodily injury" include An Insured and no "employee" authorized damages claimed by any person or organiza by you to give or receive notice of an tion for care, loss of services or death resulting at any time from the"bodily injury" CG 00 57 09 99 Copyright, Insurance Services Office,Inc., 1998 Page 1 of'1 INSURED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 0211 85 ADDITIONAL INSURED - CLUB MEMBERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured any of your members, but only with respect to their liability for your activities or activities they perforin on your behalf. CG 20 02 11 65 Copyright,Insurance Services Office,inc., 1964 Paged of 1 INSURED THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 01 11 85 EXCLUSION-ATHLETIC OR SPORTS PARTICIPANTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of Operations: HOMEOWNERS ASSOCIASON (if -no entry ,appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) With respect to any operations'shown in the Schedule, this insurance does not apply to"bodily injury"to any person while' practicing for or participating in any sports or athletic'contest or exhibition that you sponsor. cG`2t at 11 as Copyright,insurance Services Office,Inc., 1984 Page 1 of t TNSTTR�1) ENDORSEMENT SCOTTSDALE INSURANCE COMPAIw ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF 12.01 A.M.STANC7ARD TIM NAMED INSURED AGENT NO. POLICY NUMBER CLS0831399 06/01/2002 CYPRESS LANDING HOMEOWNER 04067 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREADIT CAREFULLY. SUBSIDENCE EXCLUSION This policy does not apply to any claim of liability for Bodily Injury or Property Damage caused by, result- Ing from,attributable or contributed to, or aggravated by the subsidence of land as a result of landslide, mudflow, earth sinking or shifting, resulting from operations of the named insured or any subcontractor of the named insured. AUTHORIZED REPRESENTATIVE DATE GLS-83g(3-92) INSURED ENDORSEMENT A� SCOTTSDALE INSURANCE COMPANY" NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF i^m:D f A tdf.STANDARD TirutEi NAMED INSURED AGENT NO. POLICY1Vt1MBER d CLS083139906/01/2002 CYPRESS LANDING HOMEOWNER. 04067 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT TO OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Condition 4. Other Insurance of SECTION IV - (4) That Is valid and collectible insurance available to COMMERCIAL GENERAL LIABILITY CONDITIONS ;is you under any other policy. deleted in its entirety and is replaced by the following: When this insurance is excess, we will have no duty 4. tither Insurance under Coverages A or B to defend the insured against a. Primary Insurance any"suit" if any other insurer has a duty to defend the insured against that"suit" If no other insurer defends, - ___..:-Ihisr.murarlcs_.Is_-primary cept_wnen_-_b-bel .w.___: we.ws"Il. ndertake_to-do-sca-but-w"Ili-Ise-entatied4e-t-he--...--_ applies. insured's rights against all those other insurers. b'.Excess Insurance When this insurance is excess over other insurance, This insurance is excess over any other insurance, we will pay' only the amount of the loss, if any; that whether primary, excess, contingent or on any other exceeds the sure of: basis: (1) The total amount that all such other insurance (1) That is Fire, Extended Coverage, Builder's Risk,; Would pay for the loss in the absence of this Installation Risk or similar coverage for "your insurance; and work"; (2) The total of all deductible and self-insured (2) That is Fire insurance for premises rented to you amounts under all other insurance. or temporarily occupied by you with permission If a loss occurs involving two or more policies, each of of the owner; which states that its insurance will be excess, then our (3) If the loss arises out of the maintenance or use of policy will contribute on a pro rata basis.' aircraft, "auto" or watercraft to the extent not subject to Exclusion g. of Coverage A (Section 1); or AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of insurance Services Once,Inc.,with its permission, Copyright,Insurance Services Office,Inc.,199 . GLS-152s(12-96} TNl4TTP F.n ENDORSEMENT A SCOTTSDATsE INSURANCE COMPANY"' N0. ATTACHED TO ANO ENDORSEMENT'EFFECTIVE DATE FORMING A PART OF (12:01 A M.STANDARD TIME) NAMED INSURED POLICE"NUMBER AGENT i€O. CLS0831399 06/01/2002 CYPRESS :.SANDING HOMEOWNER 04067 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OPTIONAL PROVISIONS ENDORSEMENT The following special provisions(indicated by an"X")apply to this policy. SCHEDULE' ® Bodily Injury, Property Damage, Personal Injury and Advertising Injury Liability Deductible Endorsement Coverage Amount and Basis of Deductible , Bodily Injury Liability $ 5-00 per claimant Property Damage Liability $ 5 o o per claimant Personal and Advertising Injury Liability $ 500 per claimant - =---13---Setv-! e-of-S alt Clause- --'------_ _-__:_.- ------- _------- -- - - - -- Service of Process Will be accepted by: COMMISSIONER OF INSURANCE 45 FREMONT, 23RD FLOOR, SAN FRANCISCO, CA 94105 and Service of Process will be mailed to: MICHAEL L. HORSMAN 8877 N. GAINEY CENTER DR SCOTTSDALE, AZ; 85258 ® Minimum and Advance Premium Endorsement+ Minimum Premium ' 100 °fa. ® Minimum Earned Cancellation Premium Minimum Earned Cancellation Premium 25 %of the advanced premium, GLS-94s(12-99) BODILY INJURY,°PROPERTY DAMAGE, PERSONAL INJURY AND ADVERTISING INJURY LIABILITY'DEDUCTIBLE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART APPLICATION OF ENDORSEMENT 1. Our obligation under the Bodily Injury Liability, Prop- er y Damage Liability, Personal and Advertising Injury Enter below any limitations on the application of this en- Liability (Personal Injury and Advertising Injury) Cover- dors.ement. If no limitation is entered, the deductibles apply ages to pay damages on your behalf applies only to the to damages for all "bodily injury," "property damage, "per- amount of damages in excess of any deductible sonal and advertising injury," ("personal injury" and "adver amounts stated in the Schedule of this endorsement as ti sing injury") however caused: "O LIMITATIONS Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Copyright,Insurance Services Office,inc.,1998 Page 1 of 3 UTS-128s(2-02) INSURED Lts126-h fat) b. The advance premium for this Coverage Part is a ,Advance Premium -The premium that is stated in deposit premium only. The final premium shalt be the policy Declarations and payable in full by the subject to audit. At the close of each audit period first Named Insured at the inception of the policy. we will compute the earned premium for that pe riod. Any audit premiums are'.clue and payable to Earned Premium -The premium that is developed us on notice to the first Named Insured. If the Burn' by applying the rate(p) scheduled in the policy to o ' the actual premium basis for the audit period. f the advance and audit premiums paid for the policy term is greater than the earned'premium, we Minimum Premium-the lowest premium for which will return the excess to the first Named Insured,.. this Insurance will be-written for the Policy Period subject to the minimum,premium as defined'below.; stated in Item 2. of the Declarations,This minimum In the event the first Named Insured falls or refuses' premium is equal to 100% (unless a different per- to allow our representative to audit your books and centage(%) is shown In the SCHEDULE above) of records, we may unilaterally charge a final premi- the advance premium including any premium ad- um for the policy period at double the minimum or justments made by endorsement to this policy dur- advance premium, whichever is greater, and such ing the Policy Period.'Premium adjustments do not final premium shall be immediately due and pay- include the audit premium developed for the Policy able on notice to the first Named Insured. For Our- Period stated in Item 2.of the Declarations. poses of this policy, the terms advance premium, earned premium and minimum premium are de- fined as follows: MINIMUM EARNED CANCELLATION PREMIUM The following provision is added to the Cancellation Condition: If You request cancellation of this policy, We will retain not less than the percentage of the advance premium as stated in the Schedule. AUTHORIZED REPRESENTATIVE DATE`' Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Copyright,Insurance Services Office Inc. 1998 1 ITc.i 00�l7 n131 Pane hof A� ENDORSEMENT SCOTTSD.ALE INSURANCE COMPANY** NO. ATTACHED To AND ENDORSEMENT EFFt»CTIVE DATE FORMING3 A PART OF 12 OS 1LM.STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER ) CLS0831399, 06/01/2002 CYPRESS LANDING HOMEOWNER 04067 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REACH IT CAREFULLY'. MOLD EXCLUSION (LIABILITY) The following Exclusion is added to the policy and super- b. Claim or "suit" by or on behalf of a,governmental sed'es any other provision to the contrary: authority or any other person or organization for This policy does not cover any loss, damage, cost, claim or damages because of testing for, monitoring, clean- Ing up, removing, containing, treating, detoxifying expense, whether preventative, remedial or otherwise, di- or neutralizing, or in any way responding to, oras- sessing the effects of any mold, mildew, spores, 1. Any sums that the insured becomes obligated to pay fungus,wet or dry rot, or any materials containing as damages because of"bodily injury," "property dam- them. age,"or"personal and advertising injury" {„personal in- This exclusion also applies to: ---------- or "advertising 1nfr ryr from,caused by or contributed to by any mold, mildew, a. Any supervision, instructions, recommendations, spores, fungus, wet or dry rot, or their scent or byprr*d warnings or.atvice given or which should have ucts, or of any materials containing them, at any time. been given in-connection with the above;or The Company shall have no duty to investigate or de-' b Any obligation to share damages with or repay fend any claim or"suit"seeking such damages. someone else who must pay damages because of 2. Any loss, cost,or expense,arising out of any: such injury or damage,either in equity or in tort;or a. Request, demand, order, or statutory or regulatory c. The duty to defend or pay-sums, which may be requirement that any insured or any other person owed under the Supplementary Payments provi- or organization test for, monitor, clean up, remove, cions of this policy. contain, treat, detoxify, or neutralize, or in anyway respond to, or assess the effects of any mold, mil- All other terms and conditions remain unchanged. dew, spores, fungus, wet or dry rot, or any mate- rials containing them;or AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties,Inc.,with its permission. Copyright,ISO Properties,inc.,1998 UTS-294g(7-01) INSURED �! ENDORSEMENT _" SCOTTSDAALE INSURANCE COMPANY"' NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DA'T'E FORMING A PART OF {12 01 A.M.STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER . CLS0631399 06/01/2002 CYPRESS LANDING HOMEOWNER 04067 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT- CALIFORNIA Wherever the term AUTHORIZED REPRESENTATIVE appears beneath a signature line in this policy, it is removed and replaced by the term COUNTERSIGNATURE. For example: DATE AUTHORIZED REPRESENTATIVE Is replaced by: L DATE COUNTERSIGNATURE 1 COUNTERSIGNATURE DATE UTS-253-CA(1-97) INSURED INDIAN HAQbO policy No. Policy No. 500703 2500703 DEANS & HOMER, SURPLUS LINES BROKER 340 Pine Street, San Francisco, CA 94104 INSURED: PRODUCER(16231) Cypress Landing Homeowner Delta Valley InsuranceAgency Association 8065 Brentwood Blvd, ##2B C/O HEM, Inc Brentwood, CA 94513-1159 .1855 Gateway Blvd. , #340 Concord, CA 94520-3287 CONSTITUTE YOUR POLICY INDIAN HARBOR INSURANCE COMPANY Z/-Z44 r DEANS & HOMER PRESIDENT ro BY, SECRETARY Winnifred omer-Smith, President NOTICE 1 . THE INSURANCE POLICY THAT YOU HAVE PURCHASED IS BEING ISSUEDBY AN INSURER THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED "NON-ADMITTED" OR "SURPLUS LINE" INSURERS. 2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND ENFORCEMENT WHICH APPLIES TO CALIFORNIA LICENSED INSURERS. 3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED. 4. CALIFORNIA MAINTAINS A LIST OF ELIGIBLE SURPLUS LINE - INSURERS APPROVED BY THE INSURANCE COMMISSIONER. ASK YOUR AGENT OR BROKER IF THE INSURER IS ON THAT LIST. 5. FOR ADDITIONAL INFORMATION ABOUT THE INSURER YOU SHOULD ASK QUESTIONS 'OF YOUR INSURANCE AGENT, BROKER, OR "SURPLUS LINE" BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF INSURANCE AT THE FOLLOWING TOLL-FREE TELEPHONE NUMBER: 1-800-927- 4357. D-2 FORM (1/1999) INDIAN HAW) Policy No. Policy No 2500x703 ` 2500703 Policy Period From: 6/01/2602 DEANS & HOMER, SURPLUS LINES BROKER To.: 6/01/2003 340 Pine Street, San Francisco,CA 94104 At 12:01 A.M. Standard �Time INSURED: PRODUCER(16 231)„ CypressLanding Homeowner Delta Valley Insurance Agency Association 80:.65 Brentwood Blvd, #2B C/o RBM', Inc Brentwood, CA 94513-1169 2855 Gateway Blvd. , #340 Concord', CA 94520-3287 TERM '.PREMIUM: $5,346.00 . . . Premium Tax $160 .38 stamping 'Fee $13 .37 TOTAL . . . . . $5,519.75 LOCATION #1 C-I re s Landing xC Assoc on Discovery Bay Blvd Bryon, CA 945114 Coverage and conditions applicable" to location #1 COMMERCIAL FIRE COVERAGE LIMITS OF INSURANCE Building $900, 000 Building; covered by Forms'. CP 00 10 Building and Personal Property Form CP 10 30 Special Causes of Loss DEDUCTIBLE Deductible amount $1, 000 FORMS CP 00 10 (10-00) Building and Personal Property CP .00 9°0 (07-88) Commercial Property Conditions CP 10 30 (10-00) Causes of LOSS Special Foam' D-2 FORM (01-99) Surplus Lines D--2 Form DR 03-25 (03-85) Mandatory Arbitration Clause .DH. 04-80 (01.-99) Excl. of Certain Computer Related IL 00 17 (11-85) Common Policy Conditions IL 02 70 (0 -00) California Changes Cancellation SPECS PROVISIONS Coverage Amendment: it is hereby agreed that item h. of item`A. 2 . n'Dr+r 7\707\mTr)NTe 'Dnr I i /ftp 2500703 Page- 2 2500703 "Property Not Coveredff `section of form' CP 00 10'' : (06 95) is deleted in its entirety. It is further agreed that this policy shall pay no more than. $10,000 for loss or damage to any one dock or pier. Coverage Clarification: It is hereby agreed that this policy is providing coverage on docks, streets, walls, fences and gates . The following values are declared.. Docks $850, 000 Streets $ 25, 000 Walls $ 20, 000 Fences/Gates $ 8 , 000 LOCATION PREMIUM: $5,346 By: 'Encino # 1 -- DECLARATIONS PAGE 6/13/02 INTERLINE IL 02 70 03 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES -- CANCELLATION- AND AN ELLATIONAND NONRENEWAL This endorsement modifies insurance.provided under the following. '801LER ANIS MACHINERY,COVLRAGE PART BLJSI1ESSt71NNER5 PC7LICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERGIAL INLAND.MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE'E'AR� POLLUTION LIABILITY COVES' F PART PRODUCTSICOMPLETED-OPERATIQfNIS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Corn- 3. All Policies In Effect For More Than 60 Days mon Policy Condition aree replaced by the following: a. If this policy has been in effect for more 2. All Potibii7s In.Effect or 96155yi Or Uss than 60 days, or is a ref. wa l of a policy tr+e — If this-policy tial-been-in effect-for 60 days or issued, we may cancel this policy only upon less, and is'`6.6t a'renewal-of a policy we have the,occurrence, after;the effective date of previously issued, we may:cancel this policy by the policy, of arae or more of.the following: mailing or delivering to the first-Named Insured (i) Nonpayment of premium, , including at the mailing address'shown in the policy and payment due on a prior policy we issued to the producer of record, advance written' no- and due during the current policy term tice of cancellation, 'stating the'reasbn for can: covering the same:risks: cellation, at least: (2). Discovery of fraud'or material.misrepre a 10 days before the effective date of cancel- --sentation by: dation'if we.cancel for: (a) Any insured or his or her representa- (1) Nonpaymenfof premium;or tine in obtaining.this insurance; or (2). Discovery of;€gaud;-or materia[rnisrepre- (b) You or your representative i'n pursu sentation by: ,_': ing a claim under this policy... (a) Any insdred;sor his=or her represent@ (3).A judgment by.a court or an administra Live in obta[r ing-thi insurance; or five.tribunal that 'you have..violated a, (b) You or your representative in purse- California or Federal law,:having..as one ing a'clairri under this policy. of. its necessary elements an act which materially increases any'.of the risks in- b. 30 days'before the effective date of cancel- sured against. lation if we cancel for any other reason_ Discovery of willful or grossly.: ( } rY 9 Y.. acts or omissions,, or of any violations of state laws,, or regulations establishing safety standards, by you or your repre- sentative, which materbily increase any of the risks'insured'against. IL 02 70 03 00 Copyright, Insurance Services Office, Inc., 1999 Page 1 of 3 Cl (5) Failure by you or your representative to a. if such coverage has been in effect for 60 -implement reasonable loss control re- days or less, and is not renewal of,cover- quirernents, agreed to by you as a con- age we previously issued, we may.Cance!' dition of policy issuance, or which were this coverage for any reason except as conditions 'precedent to our use of,a provided in b. and c. below. . particular rate oe rating plan, if that fail b„Vile.may, not cancel thus policy solely be- y iricrease's`any of the risks] ,cause the first Narrted'Insured has: insured against. (6) A determination by the Commissioner of ,(1) aceceoed an offer of earthquake cover- Insurance that'the: g ' (2), Cancelled or did not, renewo..a policy (a) Loss of, or changes in, our reinsur issuedby the California Earthquake ance covering all or part of the risk Authority (CEA) that included an:.earth- would threaten our financial integrity quake policy, prerniurn surcharge - or solvency; or However, we.shall cancel this policy,if..the (b) Continuation of the policy coverage first Named Insured bas accepted�a,_66'w or would: renewal policy issued by the CEA'11#hat in (i) Place us in violation of California clUdes an earthquake;policy,premium sur- law or the laws of the state where charge but faifs'tgpay-{ho earthqual�e policy we are domiciled; or premium surcharge authohzediby the"CEA. (ii) Threaten our solvency. c. We may not cancel such -coverage solely` because corrosive soil conditions ezii` on (7) A change by you or your representative + in the activities or property of the Com ;" the prei rises:..This Restnctipn..(c.} applies mercial or industrial enterprise, which only if coverage is subject#o one of tile:faI results in a materially added, increased io'wing, which exclude) loss or cl6mage or changed risk, unless the added, in- caused by or resulting from corrosive soil conditions: - creased or changed risk is •included in - the policy. ('I) Businessowners Policy - Busmessown b.. We will mail or deliver a Vance wri en — --' '� plaP-wpetyueragcitm notice-.of cancellation, stating-the reason for (2) Commercial .Property CpveragegPart cancellation, to the first Named Insured, at Causes Of Loss-Special Form; the mailingaddress shown in the policy, and (3) Farm.Coverage'Part - Causes Of:loss to the producer of record,at leastForm. - Farm Property, Paragraph D. (1) 1D days`before the, -effective date of Covered Causes Of Loss:-Special, cancellation if .we cancel for a reason C: The fallowing is added andsupersedes any=provi- listed in Paragraph 3,a.(1)or 3.a.(2); or skins to the contrary: (2) 30 days before the effective date of NONRENEWAL cancellation if we cancel for any other - reason listed.in paragraph 3.a. 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to:renew this B. The following provision is-added to the Cancella- policy, we will mail` or' tlelrirer' written`notice tion'Common Policy Condition: stating the. reason for nonrenewal:to the first 7. Residential'Property: Named Insured shown..M.the�Deciarations and to the:producer of record, at least 60 days, but This provision applies to coverage on real property which is used predominantly for resi- not;more than 120 days,;before the expiration dential purposes and--consisting of not more or anniversary date. than four dwelling units, and to coverage on We will mail or deliver our notice to the first tenants household personal property in a resi- Narried Insured, and to the producer of recar`d, dential unit, if such coverage is written under at the mailing address shown in the policy_ qne.of.the following: Businessowriers.•Policy ' Commercial Property Coverage,Part Farm Coverage Part.- Farm,,Property - Farm Dwellings, Appurtenant=Structures And House- hold Personal Property Coverage Form Page 2.of 3 Copyright, Insurance Services Office, Inc., 1999 IL 02 70;03.00 C 2. Residential Property the Commissioner has approved a plan This provision applies to coverage, on real for the nonrenewafs that is fair and equi- property used predominantly for 'residential table, and that is responsive to the purposesand consisting of not more than flour changes in our reinsurance position. dwelling units, ;and to coverage on tenants' c. We will not refuse to renew such coverage household property contained in a (.residential solely because the first Named Insured has, unit, if such coverage is written under one of cancelled or did not renew a policy, issued the following: by the California Earthquake'Authority that Businessowners Policy included'an earthquake policy premium sur charge. .;, Commercial Property Coverage Part d. We will not refuse to renew such coverage' Farm Coverage Part - Farm Property - Farm solely because corrosive soil 'conditions ex- Dwellings, Appurtenant Structures And House- ist on the premises. This Restriction (d.) hold Personal_Property Coverage Form applies only if coverage is subject to one of a. We may elect not to renew such coverage, the following, which exclude loss or damage for any reason, except as provided in b., c. caused by or resulting from corrosive soil and d below: conditions: b. We will not refuse to renew such coverage (1) Businessowners Policy -;Businessown- solely because the first Named Insured has ers Special Property Coverage Form; accepted an offer of earthquake coverage. (2) Commercial Property Coverage Part However, the following applies only to in- Causes Of Loss-Special''Form;or surers who are associate participating in (3) Farm Coverage Part - Causes Of Loss surers as established by Cal. Ins. Code Form - Farm Property, Paragraph D. Section 10069.16. We may elect not to re- Covered Causes Of toss Special. new such coverage after the first Named 3. We are not required to send notice of nonce- Insured has accepted an offer of earth- quake coverage, if one or more of the fol- newal in the following situations: lowing reasons applies: a. If the transfer or renewal of a policy', without (1) The nonrenewal is based on sound any changes in errns conditi ons, or rates, underwriting principles that relate to the is between us and a member of our insur- coverages provided by this 'policy'and once group. that-are:consistent with the approved b. If the policy has been extended for 90 days rating plant and related documents filed or less, provided that notice has been given with the 'Department of Insurance as re in accordance with Paragraph CA. quired by existing law; c. If you have obtained replacement coverage (2) The Commissioner of Insurance finds or if the first Named Insured has agreed, in that the exposure to potential'losses will writing, within 60 days of the termination of threaten our solvency or place us in a the policy, to obtain that coverage. hazardous condition. A. hazardous con- d. If the policy is for a period of no more than dition includes,; but is not limited to, a 60 days and you are notified at the time of condition in which we make claims pay- issuance that it will not be renewed. ments for losses resulting from an e. if the earthquake that occurred within the pre- ceding, first Named Insured requests a ceding two years and that required a re- change'in the;terms'or conditions'or risks duction in policyholder surplus of at least covered by the policy within'60 days of the a 25/�for payment of those claims; or end of the policy period. (3) We have: f. If we have made a written offer to the first a Lost or experienced a substantial Tamed' Insured, in accordance with the ( ) p timeframes shown in Paragraph C1., to re- reduction in the availability or scope new .the policy under changed 'terms or of reinsurance coverage; or conditions or at an increased premium rate, (b') Experienced a substantial increase in when the increase exceeds 25%. the premium charged for reinsurance coverage of our residential property insurance policies; and C] IL 02 70 03 00 Copyright, Insurance Services Office, Inc.,.1999 Page 3 of 3 13 COMMON POLICY CONDITIONS All Coverage Parts included in thispolicyare subject to the following conditions. A. CANCELLATION D. INSPECTIONS AND SURVEYS 1. The first Named Insured shown in the We have the right but are not 'obligated to: Declarations may cancel this policy by 1. Make inspections and surveys at any time; mailing,or delivering to us advance written notice of cancellation. 2. Give you reports on the conditions we 2. We may cancel this policy by mailing or find; and delivering to the first Named Insured 3. Recommend changes. written notice of cancellation at least Any inspections; surveys, reports or rec- a. 10 days before the effective date of ommendations relate only to insurability and cancellation if we cancel for nonpay- the premiums to be charged. We do not ment of premium; or make safety inspections. We do not under- b: 0 dayys before the effective date of take to perform the duty' of any person or 330 d1 lotion if vee cancel for any other organization to provide for the health or reason. safety of workers- or the public. And we do not warrant that conditions: 3. We will mail or deliver our notice to the I. Are safe or healthful; or first Named Insured's last mailing address known to us. 2. Comply with laws, regulations, codes or 4. Notice of cancellation will state the ef- standards. festive date of cancellation. The policy This condition applies not only to us, but also period will end on that date to any rating, advisory, rate service or similar 5. If this policy is cancelled, we will send organization which makes insurance in- the first Named Insured an premium re- n e- sbections, surveys, reports or recommen- un due. 'T-ww-e �. --wtt� motions _ _._ be prorata. If the first Named Insured E PREMIUMS cancels, the refund may be less than pro The first Named Insured shown in the Dec- rata. The cancellation will be effective Iarations: even f we have not made or offered a refundf. Is responsible for the payment of all 6. If notice is mailed, proof of mailing will premiums, and be sufficient proof of notice. 2. Will be the payee for any return premi- ums CHANGES ums we pay. This olid contains' a#1 the agreements be- UNDER TRANSFER Cif` YOUR RIGHTS AND DUTIES policy 9 UNDER'THIS POLICY tween you and us concerning the insurance afforded. The first Named Insured shown in Your rights and duties under this policy may the Declarations is authorized to snake not be transferred without our written con- changes in the terms of this policy with our sent except in the case of death of an in- consent This policy's terms can be amended d victual Named Insured. or Waived only by endorsement issued by If you die, your rights :and duties will be us and made ,a part of this policy. transferred to your legal representative but C. EXAMINATION OF YOUR BOOKS AND RE only while acting within the scope of duties CORDS as your legal`representative Until your legal representative is appointed, anyone having We may examine and audit your books and proper temporary custody of your property records as they relate to this policy at any will have your rights and duties but only with time during the policy period and up to three respect to that property. years afterward. IL 00 17 11 85 Copyright Insurance Services Office, Inc. 1083, 1992 THIS ENDORSEMENT CHANGES THE POLICY-PLEASE READ IT CAREFULLY EXCLUSION OE CERTAIN COMPUTER RELATED LOSSES THIS., ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER EACH OF THE FOLLOWING COVERAGES THAT MAY BE AFFORDED BY THIS POLICY: COVERAGE FOR LOSS OF OR DAMAGETO PROPERTY COVERAGE FOR LOSS OF OR REDUCTION OF INCOME, PROFITS, OR RENTS COVERAGE FOR EXTRA EXPENSE: A. We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other:cause, event or accident that contributes concurrently or in any sequence to the loss or damage: 1.. The failure,; malfunction or inadequacy of any of the following whether belonging to you or to others and regardless of where the property is located or where the failure, malfunction or inadequacy takes place: a. 'electronic data processing equipment, computer hardware, microprocessors or computer chips;. b. microprocessors or computer chips that are part of or control the operation of any machine, appliance or electrical or mechanical device whether or not part of any computer system; c, computer operating systems; d. computer software or firmware e. computer application programs; f. computer networks;'' g. computerized or electronic equipment or components; h. any other product, service, data or function that directly or indirectly uses or relies upon or is affected in any manner any of the items listed in a. through g. above; due to the inability to correctly recognize, process', distinguish, interpret or accept one or more dates or times. An example is the inability of computer software to recognize the year 2000. If fire or explosion ensues, we will, subject otherwise to all of the terms and conditions of the policy to which this endorsement is attached, pay only for the loss from the ensuing fire or explosion; 2. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done to.determine, rectify or test for any potential or actual problems described in paragraph A.1. a. through h, of this endorsement, S. We will not pay for repair, replacement .or modification of any items in Paragraphs A.1. and A.2. of this endorsement to correct any deficiencies or change any features: DH 04;80(01'-99) MANDATORY ARBITRATION N LAUSE not applicable to third party liability coverage In case the Insured and the Company shall fail to agree as to the meaning or effect of any provision of this policy, or as to the amount payable for any loss covered by this policy, said disagreement shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration:Association;,or in accordance with the statutory runes and procedures of the state in which the property is located. Should an arbitration under the terms of this clause result in'a determination in favor of the Insured, the Company shall reimburse expenses actually incurred by the Insured with respect to arbitration, including reasonable attorneys' fees, in a sum to be determined by the arbitrator{s). The provisions of this clause are mandatory and not optional and may be enforced by either the Insured or the Company. OH 03-28(03.86) COMMERCIAL PROPERTY .ri CP 10 3010 00 CAU SE ' O LCIS -- S1.PEC1A . ,FC) . Words and phrases that appear in quotation marks have special meaning: Refer to Section'F:=Definitions. Covered Causes Of'Loss (4) Earth sinking (other than sinkhole col•- When Special is shown in thie 'Declarations,:Cov- lapse)E rising or shifting fncluding soil coed Cause's of 'Loss ''.means Risks'*Of Direct conditions r�rhlch�cat,fse settling; cracking Physical'Loss unlessthe'lost is:� or o#her disarrangement of`foundations or other parts of realty.'Soil conditions 1. Excluded in Section B., Exclu's' i6 is, or include contraction, expansion, freezing, 2. Limited 16 Section C.,Limitations, thawing, erosion, improperly-compacted that follow. soil and' the action of water under the ground surface. Exclusions But if Earth Movement, as described in 1. We will not pay for loss or damage paused 13,(1) through (4) above, results' in fire or dii€rectly. or indirectly.. by any o-f'the following. explosion; we will pay for.the loss or dam- Such loss or damage is excluded regardless of age'caused by that fire or explosion_ any other cause or event that cionth-butes con- (5) Volcanic eruption, explosl&r-or effusion. currently or in any sequence to`the loss: But if.volcanic elvption, explcision or ef- a. Ordinance Or Lavv fusion results in fire, building glass The'enforcement of any ordinance or law: breakage or Volcanic Action,,we will pay (1) Regulating the construction,,, use or for the loss or damage'caused by that fire, building glass breakage or Volcanic (2) Requiring the tearing down of any prop- Volcanic action means. direct loss ,or erty, including the cost of removing its damage resulting;from the eruption of a debris. volcano when the loss or damage is This exclusion, Ordinance Or Law, applies caused by. whether the loss results from:. ` (a) Airborne ,volcanic. blast or airborne (1) An ordinance or law that, is enforced shock waves.; even if the property has -not been dam- (b) Ash, dust or particulate matter; or aged..or (2) The increased costs'°incurred to comply (c) Lava flow. with an ordinance or law in the course of All volcanic eruptions that occur within construction, repair, .renovation, re- any 168 hour- period will constitute a modeling or demolition .of property, or single occurrence. removal of its debris, following a physical Volcanic action does not include the cost loss to that property.: to remove lask-dust or particulate matter b. Earth Movement that does not-cause direct physical loss (1) Earthquake, including.any .earth sinking, or damage to#he,described property. rising or shifting related.to such event; c. Governmenta,i Aetlon (2) Landslide, including .any earth sinking, Seizure or destruction of property by order rising or shifting related to such event, of governmental authority. (3) Mine subsidence,. meaning.subsidence But we will pay for loss or;damage caused of a man-made mine,­.whether or not by or resulting from acts of destruction or- mining activity has ceased,.: : `dered by governmental authority and taken at the time of a fire to prevent its spread, if the fire would be covered under this Cover- age Part. CP 10 30 10 00 Copyright, Insurance Services Office'; Inc.' 1999 Page 1.of 7 ❑ d. Nuciear Hazard But if Water, as described in g.(1) through Nuclear reaction or radiation, or radioactive 9.(4) above, results in fire, explosion or` contamination, however caused. sprinkler leakage, we will pay for the loss or damage caused by that fire,; explosion or , But if nuclear reaction or radiation, or radio- sprinkler leakage. active contamination, results in fire, we will Exclusions B.1.a. through B.1g. apply whether pay for the loss or damage caused by that fire. or not tfte loss event results in widespread damage or affects a`substantial area. e. Utility Services 2. We will not pay for loss or damage caused;by ,The failure of pourer or other utility service or resulting from any of the€ollowing. supplied to the described premises, how- a. Artificially' generated electrical",current, in- ever caused, if the failure occurs away from . the described premises. eluding electric arcing, that disturbs eiectri- cal devices, appliances or wires: But if the failure of power or other utility But If artificially generated electrical current we will pay for the loss or damage caused .. ..:service results in a hovered Cause of Loss, results in. fire, we will pay for the less or damage caused b by that Covered Cause of Loss. y that fire. This exclusion does not apply to the Busi- ness income coverage or to Extra Expense c. Smoke, vapor or gas from agricultural coverage, instead, the Special Exclusion in smudging.or industrial operations. Paragraph B4.a.(1)';applies to these cover- d.(1) Wear and tear, ages. (2) Rust, corrosion, fungus, decay, deteno- f. War And Military Action ration, hidden or latent defect or any (1) War, including;undeclared or civil war; quality in property that causes it,to dam- (2) Warlike action by a military force, includ- age or destroy itself; ing. action in hindering or defending (3) Smog; gal t-ata actual-or_expected a22acls�tzy (4)--SettIN7 G Gking;-.-shr-n.ki g—or_expan any government, sovereign or other sign; authority using military personnel or other agents; or , (5) Nesting or infestation, or >discharge or release of waste products or secretions; (3) Insurrection, rebellion, revolution, by insects, birds, rodents or other ani- usurped power, or action taken by gov- mals:' ernmental authority in hindering or de- fending against any of these. (6) Mechanical breakdown, including rup- ture. or bursting caused 1 by centrifugal g. Water' force. But if mechanical breakdown re- (1) Flood, surface water, waves, tides, tidal sults in elevator collision,,we will pay for waves, overflow of any body of water, or the loss or damage caused by that elery their spray, all whether driven by wind or vator.collision. not; (7) The following causes of loss to personal (2) Mudslide or mudflow, property: (3) Water that backs up or overflows from a (a) Dampness or dryness of atmos- sewer, drain or,sump; or phere; (4) Water under the ground surface press- (b) Changes in or extremes'of tempera- ing on, or flowing or seeping through: tune; or (a) 'Foundations, walls, floors or paved {c} Marring or scratching. surfaces; But if an excluded cause of loss that is (b) Basements,whether paved or not; or listed in 2.d.(1) through (7) results in a (c) Doors, windows or other openings. "specified cause of loss" or building glass breakage, we will pay for the loss or.dam- age caused by that"specified cause of lass" or building glass breakage. Paae 2 of 7 Copyright, Insurance Services Office, Inc„ 1999 CP 10 30 10 00 e. Explosion of steam boilers, steam pipes, 1. 'Discharge, dispersal, seepage, migration, steam engines or.''steam' turbines owned or release or escape of"pollutants" unless the leased by you, or;operated under your.con- discharge, dispersal,..seepage, migration, trot But,if explosion of steam boilers, steam release or escape is itself caused by any of pipes, steam engines br'stea'm'turbines re the "specified'causes of loss". But if the d'is- suits in fire 6r combustion explosion, we will charge, dispersal, seepage, .migration, re- pay,for the toss or damage caused by that lease or escape of."pollutants" results.in a fire or combustion explosion. We will also "specified cause of loss';'we will pay for the pay for loss or damage caused by or result- loss or damage caused:'by that "specked ing from the explbsidh} of gases or fuel cause of loss", _ within the furnace of any fired vessel or This Exclusion, 1.,.does not"apply to dam- within the flues or passages .through which age to glass caused by chemicals applied to the gases of cornbustion.,pass. the-glass. f. Continuous.or repeated seepage:or leakage m. Neglect of an insured #o+use.all reasonable of water Ahat occurs over, a period of 14 means'to.sane and preserve property from days or more_ further damage at and after.-the time of loss. g. Water, other liquids, powder>.or molten 3. We will not pay for loss or damage caused by material that leaks or flows from plumbing, or resulting from any of. the- following, 3.a. heating, air c6nditi6ning',or other equipment , through 3.c. But if an excluded cause of loss (except fire protective,systems) caused by that is listed in 3:a. through 3.c. results in a or resulting frorh freezing; unless: Cowered Cause of Loss,'we-will pay for the lass (1) You:do.,your best to,maintain heat in the or damage caused by that Covered Cause of building•or structure;or Loss.. (2) You drain the`equipment and shut off the a. Weather conditions. But this exclusion only supply if.the heat is not maintained. applies" if weather conditions contribute in h. Dishonest or criminal act by you,any of your any way with a cause or event excluded in partners: members; officers, managers, Paragraph 1. above to produce the loss or �leyees-(-inei�gs--l+rssed--ei-rtpiogees-}, damage- directors, trustees, authorized "representa- b. Acts or':decisions, including the failure to act tinesor anyone to whom you entrust the or decide, of any person, group, organiza- property for any purpose: tion or governmental body. (1) Acting alone or in collusion with others; c: Faulty,inadequate,or defective: or (1) Planning, zoning, development, survey- (2) Whether or not occurring during the ing, siting; hours of employment. (2) Design, specifications,, workmanship, This exclusion does notapply to acts of repair, construction, renovation, re- destruction' by your errtployees (including modeling, grading; compaction; leased employees); but theft by employees (3) Materials used in repair, construction, (including leased employees) is not cov- renovation or remodeling;or ered L Voluntary (4) Maintenance; parting with any property .by you or anyone else to whom you,have,entrusted of part or all of any property on or off the the property if induced to do so..by" any described premises. ' fraudulent scheme, trick; device. dr 'false 4. Special Exclusions pretense., The following provisions. apply only to the j'. Rain,snow,;ice or sleet to personal property specified Coverage Forms:. in the open. a. Business Incoma.(And-Extra Expense) k. Collapse, except as..provided below in the Coverage Form, Business income Additional Coverage for Collapse. But if (Without Extra Expense) C,*overa'ge Form, collapse results in a Covered Cause of Loss or Extra Expense Coverage Form at the described premises, we will pay for We ,,,ill not pay for.the loss car damage caused by that Covered Cause of Loss_ (I) Any loss caused directly,or indirectly by the failure of power or other utility serv- ice supplied to the described premises, however caused,"; if the failure occurs outside of a covered building. 1 CP 10 30 10 00' Copyright, Insurance Services Office, Inc., 1999 Page 3 of 7 CI But if the failure of power or other utility c. Legal Liability Coverage Form service results in aCovered Cause of (1) The following exclusions do not apply to Loss-., we will-pay for the, 'loss resulting insurance under this Coverage°Form: from that Covered Cause of Loss. (a) ;Paragraph B.1.a.,Ordinance Or Law; (2)-'Any loss caused by or resulting from: (b) Paragraph t3,1.c., Governmental (a) Damage or .destruction of „finished Action;' stock'; or (b) The time required to reproduce (c) Paragraph B.1.d.,Nuclear Hazard; "finished stock". (d) Paragraph B9.e., utility Services; This exclusion does not apply to Extra and Expense. (e) Paragraph B.1.f., War And Military (3) Any loss caused by or'resulting from Action'. direct physical loss or'damage to radio (2) The following.additional exclusions apply or television antennas.(including satellite to insurance under this Coverage Form: dishes) and their lead-in wiring, masts or (a) Contractual Liability towers. We will not defend any claim or (4) Any increase of loss caused by or result- "suit', or pay damages that you are ing from: legally'liable to pay, solely-by reason (a) Delay in rebuilding;_ repairing or re- of,your, assumption of liability in a placing the property or resuming contract or agreement. But this ex- "operations", due to interference at clusion does not apply to a written the location of the rebuilding, repair lease agreement in which you have or replacement..by strikers or other assumed liability for building damage persons; orresulting from an actual or attempted (b) Suspension, lapse or cancellation of burglary or robbery, provided that: any license, lease or contract. But if (i) Your .assumption of liability was thre susiersierr� ispse�r eneella#�o� ex,e priorthaccid�nt is directly caused by * the andcc "suspension" of "operations", we will (ii) The building is Covered Property cover such loss: that affects your under this Coverage Form. Business Income during the. "period (b) Nuclear Hazard of restoration" and any';extension of the 'period of restoration" in accor- We will not defend any claim ,or dance with the terms of the Extended °suit', or pay any damages, loss, } Business Income Additional Cover expense or obligation, resulting from age and the Extended Period Of In- nuclear._ reaction or .radiation, or demnity Optional:;Coverage or any radioactive contamination, however variation of these. caused. (5) Any Extra Expense caused by or result- C. Limitations Ing from suspension;' lapse or cancella- The following limitations apply to all policy forms tion of any license, lease or contract be- and endorsements,unless otherwise stated. yond the"period of restoration": 1. We will not pay for loss,of or damage to prop- (6) Any other consequential loss. erty, as described and limited in this:section. in b. Leasehold Interest Coverage Form addition, we will not pay for any loss that is a (1) Paragraph 8.1.a. Ordinance Or Law, consequence of loss or damage as described does not apply to insurance under this and limited in this section. Coverage Form. a. Steam boilers, steam pipes, steam engines i (2) Vile will not pay for any loss caused by: or steam turbines caused by or resulting , from any condition or event inside such, (a) Your cancelling the lease;`' equipment. But we will pay for :loss of or (b) The suspension; lapse or cancella- damage to such equipment caused by or ' tion of any license; or resulting from an explosion of gases or fuel within the furnace of any fired vessel or (e) Any other consequential loss. within the flues or passages through which the gases of combustion pass. Page 4 of 7 Copyright, Ins urance.Services Office, Inc., 1999 CP 10 30 10 00 b. Not water boilers or other:_water heating, (2) Containers of property held.for sale. ' equipment caused-by-or resulting from any d, Builders' machinery; tools'and. equipment cc�ridition or event.inside such bailers or owned by you or entrusted to you, provided 5 equipment,.other than.an explosion- . such property is Covered Property.. , c. The interior of any building or-stn,icture, or However, this:€imitation does not apply: to personal property in the i building or �tirig,front rain, (1) if the property is located on oc within, strucfure,.caused.by or resu snow sleet, ,ice, sand' or .oust, whether feet of the described premises; unless driven by ess wind or not;+unl :, the premises is..insured under the Build- (1)'The building or structure first..sustains ers Risk Coverage Fcirm,; or . damage by a Covered,Cause of Loss to (2) To Business Ahcome coverage or to its roof.o.r:walls t€trciugh which the rain, Extra Expense,coverage. snow, sleet, ice, sand or ddst enters; or3. The special limit shown for each category, a. (2) The loss.,or. daage is .caused by or through d.., is the total lirni# for loss of or dam- results frcrm'thewimng of snow,sleet'Or ice age to all properly in that category. The special on the bbildidg or stnictdi- limit applies to any one occurrence.of theft, re- gardless of the types or number o€articles that d. Building materials'and supplies' attached are lost or damaged in that.occurrence. The as part of the-Uildirig or structure, caused special limits are: by or resulting frcLm theft: a. $2,5170 for furs, fur garments and garments However, this.lirpitation does-.not.apply, to: trimmed with fur. (1) Biuilding rdaier-ials-and supplidg"held for b. $2 500 for jewelry, watches watch move- sale by'you;unless they are insured un- ment5;,jewels, pearls, precious and semi- precious the Builders Risk.Coverage Form; or precious stones, bulaion, gold, silver, piati- (2) Business `-t`nc me coverage, or Extra num and other precious:alloys or metals. Expense coverage. This limit does not apply,to jewelry and e. property thati°,is missing; where the only watches worth $1017,or less per[tem.. valence i of ". ,ase-sr- ege-is-a �c� c -$ 913-fer-fsat#�ri�ss;�Ms�alds and f�rrras= -- age.disciosed on taking inventory, or other d $250 for stamps,, tidkets, including lottery instances,where there is na: physical evi- tickets.held for sale, and.letters of credit. dense to show what happened:to the prop- %erty, These special limits are part of, not in addition f. Property that has beam transferred to a to, the Limit of insurance applicable to the person or to:a place. outside the described Covered Property. . premises on. the basis of unauthorized in This limitation, C.3,,does not appy to Business structions. Income coverage, or to Extra Expense cover- 2. We will not pay for loss of or da-rnage to the age following types of property unless_ caused by 4. We will not paythe cost to repair.any defect to the "spedf"red'cause' 'of lass" or building glass a system or appliance from which water, other t reakac9e: liquid, powder or molten material escapes. But a. Valuable., papers; and ,records, such as we will pay ttie cost to.repair or replace dam- boobs of accouii ,,,manuscripts, abstracts, aged parts'of fire extinguishing equipment if the wjn drags end,card index systeir s; including damage: those which &s`t'an.film, tape.,"disc, drum, a. Results in discharge of any'substance from cell or Tither.data' processing, recording or an automatic fire protection system;or storage media. Va"Iuable papers and rec- b. is directly caused by freezing. ords do not include prepackaged software However, this limitation does not apply to Busi- pragrarris. ness,Income, coverage' or to:.Extra 'Expense b. Animals, acid then only if they are killed or coverage. their-destruction is made necessary.~ c. Fragile articles such'as:statuary," marbles, chinaware ;,and porcelains, if broken.' This restriction does not apply to: (1) Glass; or CP 10 30 10 00 Copyright, Insurance Services Office, Inc., 1999 Page 5 of 7 .......... D. Additional Coverage—Collapse The criteria set forth in 1.a. through I.d. do not The term Covered Cause of Loss -includes the limit the coverage otherwise provided *under, Additional Coverage —'Collapse as described and this Causes of. Loss,Form for the.causes of loss listed in.2.a-.,2.d.and 2.e..- limited in DA.through D.S. below. 1. With respect to buildings: 3. With respect to.the following property: . a. Collapse means an abrupt failing down or aOutdoor radio or televisibn antennas caving in of a building or any part of a {i?cfudihg.,sts or towers;dishes and their lead-in building with the result that the building or wiring, ma part of the building cannot be occupied for b. Awnings, butters and downspouts, its intended purpose; c. Yard fixtures;. b. A building.or any part of a building that is in d. Outdoor-swimming.pools; danger of falling down or caving in is not e. Fences; considered to be in a state of collapse; c. A part, of.a building that is standing is not J. Piers,wharves and docks. considered to be in a state*of collapse even g. Beach or diving platforms, or appurte- if it has separated from another part of the nances; building; h. Retaining walls; and d. A building that is standing or any part of a I. Walks, roadways,and other*'paVed surfaces; building that is standing;is not.considered to be in a state of collapse even: if it shows if the collapse' is caused by a cause of lass evidence of cracking,, bulging, sagging, listed in 2.b.through 2J.,wewill pay for loss or - bending, leaning, settling, shrinkage or ex- damage to that property only if:. pansion. a. Such loss or damage is a direct result of the 2. We will pay for direct physical,loss or damage collapse of a,building insured_, -under this to Covered Property, caused by collapse of a Coverage Form; and. building or any part of a building that is insured b. The property is Covered Property under this Covered Property insured under this Coverage 4. If personal property abruptly falls:= down or Form, ff the collapse is caused by one or more caves in and,subh:collapse is riotthe result of of the following: collapse of a building,-we will -payfor loss or a,. The "specified causes of loss., or breakage damage to Covered Property caused by such of building glass, all only as insuredd-against collapse of personal property only€f: in this Coverage Part a. The collapse was caused by a. Cause of b. Decay that is hidden from view, unless the Loss listed-int a.through 21.abbve; presence of such d66ay is known to an in- b. The personal property which 'collapses is sated prior to collapse; inside a building; and c. Insect or vermin damage that is hidden from c. The'property which collapses,is I�not of a view, unless the presence of such damage kind listedin 3.' ,above; _1egar ess of is known to an insured prior to collapse; '-is 66nsidered whether that kind of property d. Weight of people or personal prop6 rty, to be personal property or rbtfl property- e. Weight of rain that collects on a roof; The cover.age stated in this Pargraph 4. does f. Use of defective material, or methods in not apply to personal property,tf*marring.and/or construction,.remodeling.or renovation if the scratching is the only darnag6,foihk personal collapse occurs during the course of the pro-perty.caused by thec6liapse.- construction, re'm o'dbling or *renovation. Collapse of personal property.. does not mean Howeverjf the collapse occurs-after con- cracking, bulgingi sagging, bending, leaning, struction, remodeling or renovation-Js com- settling, shrinkage or expansion._ plete and is caused in part by a cause of _1 loss listed in 2.a. through 2.e., we will pay S. This Additional' Coverage, Cioliapse, will not increase the Limits of Insurance provided in for the loss or damage even if use of defect- this Coverage Part. Live material or methods, in construction remodeling or renovation, contributes to the collapse. Page 6 of 7 Copyright, Insurance Services Office, Inc., 1999 CP 10 30 10 00 E. Additional Coverage Extensions 3. Glass 1. Property In Transit a. We will pay for expenses incurred to put up This Extension applies only to your personal temporary plates or board up openings if property to which this form applies. repair or replacement of damaged glass is a. You may extend the insurance provided-by delayed. this Coverage'Part to apply to your personal b. We will pay for expenses incurred to re- property (o#hE?r than property in the care, move or replace obstructions when repair- property or control of your salespersons}',in ing or replacing glass that is part of a build- transit more than 100 feet from the de- ing. This does not include removing or re scribed premises. Property must be in or on placing window displays. a motor vehicle you own, lease or operate This Coverage Extension,' E.3., does not in- while between points in the coverage terri- crease the Limit of Insurance. tory. F. Definitions b. Loss or damage must be caused by or "Specified Causes of boss" means the following: result from one of the following causes of Eire; lightning; explosion; windstorm or; hail; loss: smoke; aircraft or vehicles; riot or civil commotion ` (1) Fire, lightning, explosion, windstorm or vandalism; leakage from fire extinguishing equip- hail, riot or civil commotion, or vandal- menta sinkhole collapse; volcanic action; falling ism. objects weight of snow, ice or sleet; water'dam (2) Vehicle collision, upset or overturn. age• Collision means 'accidental contact of 1. Sinkhole collapse means the sudden sinking or your vehicle with another vehicle or ob- collapse of land :into underground empty ject It does not mean your vehicle's spaces created by the action of water on lime- contact with the road bed. stone for dolomite. This cause of loss does not (3) Theft of an entire bale, case or package include: by forced 'entry into a securely locked a. The cost of filling,sinkholes; or body or compartment of the vehicle. There must be 'visible' marks of the �b--S.igJcir�g�r cc�lla{ase of lanc�intsz�+�r�-mAdP forced entry. underground cavities. f c. The most we will pay for loss or damage 2. Palling objects does not include toss or damage to: under this Extension is$5,O00. This Coverage Extension is additional insur- a. Personal property in the open; or ance. The Additional Condition, Coinsurance, b. The interior of a building or structure, or does not apply to this Extension. property inside a building or structure, un- 2. Water Damage, Cather Liquids,Powder Or less the roof or an outside wall of the build- 2. or structure is first damaged by a,failing Molten Material Damage ' object. If loss or damage caused by or resulting from 3. Water'damage means accidental discharge or covered water or other liquid, powder or molten leakage of water or steam as the direct'result. material damage loss occurs, we will also pay of the breaking apart or cracking of a plumbing,' the cost to tear out and replace any part of the heating, air conditioning or other system or building or structure to repair damage to the appliance (other than a sump system including system or,appliance from which the water or other substance escapes. This Coverage Ex- 'its related equipment and parts, that is located on the described premises'and contains-water tension does not increase the Limit'of Insur- or steam. ance. CP 10 30 10 00 Copyright, Insurance Services Office, Inc., 1999 Page 7 of 7 CJ COMMERCIAL PROPERTY COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject,to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A. CONCEALMENT, MISREPRESENTATION F. NO BENEFIT TO BAILEE OR Fi"iAU[7 No person or organization, other than you, having This Coverage Part is void in any case of fraud custody of Covered Property will benefit from this by you as it relates to this Coverage Part at any insurance. time. It is also void if you or any other insured, G. OTHER;INSURANCE at any time, intentionallyconceal or misrepresent a material fact concerning; 1. You may have other insurance subject to the same plan, terms, conditions and provisions 1. This Coverage Part; as the insurance under this Coverage Part. If 2. The Covered Property; you do, we will pay our share of the covered 3. Your interest in the Covered Property; or loss or damage. Our share is the proportion 4. A claim under this Coverage Part. that the applicable Limit of Insurance under this Coverage Part bears to the Limits of In B. CONTROL OF PROPERTY surance of all insurance covering on the same Any act or neglect of any person other than you basis. beyond your direction or control will not affect 2, if there is other insurance covering the same this insurance. loss or damage, other than that described in The breach of any condition of this Coverage Part 1. above, we will pay only for the amount of at any one or moreocations wi not affect cov- covered—loss or damage in excess o"fte erage at any location where, at the time of loss amount die from that other insurance, or damage, the breach of condition does not ex whether you can collect on it or not. But we ist. will not pay more than the applicable Limit of C. INSURANCE UNDER TWO OR MORE Insurance. COVERAGES H. POLICY PERIOD, COVERAGE TERRITORY If two or more of this policy's coverages apply to Under this Coverage Part: the same loss or damage, we will not pay more We cover loss or damage'commencing: than the actual amount of the loss or damage. D. LEGAL ACTION AGAINST US a. During the policy period shown in the Declarations; and No one may bring a legal action against us under this Coverage Part unless b. Within the coverage territory.' 1. There has been full compliance with all of the 2. The coverage territory is terms of this Coverage Part; and a. The United States of America (including 2. The action is brought within:2 years after the its territories and possessions); date on <which the direct physical loss or b. Puerto Rico; and damage occurred. c. Canada. E. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without addi- tional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 1 of 2 ❑ RA1�15PER OF RIGHTS OF RECOVERY 1. Prior to a Ossa to your Covered Property or � x AGAINST OTHERS TO US Cohered Income'. If any person or organization to or for whom we 2. After a loss to your Covered Property or Cov. make payment under this Coverage Part has erect Income only if, at time of loss, that party rights to recover, damages from another, those is one of the following rights are transferred to I us to,the extent of our " a. ''Someone insured by this insurance; payment: 'That person or organization 'must do everythingnecessary to secure our rights and b. A business firm: must do nothing' after loss to impair them. But (1) Owned or controlled by you; or you may waive your rights against another 'party (2) That owns or controls you; or. in writipg: c. Your tenant. This will not restrict your insurance. CP 00 90 07 88 Copyright, ISO Commercial !Tisk Services, Inc., 1983, 1,987 Page 2 of 2 COMMERCIAL PROPERTY CP 00 '101000 BUILDING AND P=RSQ:RIAL. PROPERTY COVERAGE FORM Various provisions in this'policy restdct.couerage. Read the entire policy carefully to determine.rights, duties and what is and is not covered. Throughout this -policy the words "you".a'nd "your" refer to the Named Insured shown in the Declarations. The words"we", "us"and"our' refer to.the CpMpany providing this 'insurance. Other words and phrases that appear in quotation marks have specialmeaning. Refer to Section Ff Definitions. A. Coverage (b) Materials equipment, supplies and We will pay for direct,physical.loss of or.damage to temporary structures; on or within Covered Property,at the',premises described`°in the 100 feet of the:described premises, Declarations caused-by or resulting flam any Cov- used for making additions, altera ered Cause of Loss. tions or repairs to the` building or structure: 1. Covered Property b. Your Business Personal Property located Covered Property, as used in,this Coverage in or on the builijing'elescribed in the Della Part, means .th'e=.type,of property described in rations or in the open;(or in,a vehicle) within this Section, A.1 and limited ih A.2;, Property 100 feet of the described;premises, consist- Not Covered, if a Limit of Insurance is shown in ing of the following unlessiotherwise speci- the Declarations for that typeof PP,ro..ert . . Y fled in the Declarations'or on the Your Busi- a. Building, meaning the building or structure ness Personal Property = Separation of described in the Declarations° including: -Coverage forrri = (1) Completed additions;: (1) Furniture and fixtures; {2) Fixtures,_including:outdoor fixtures; (2) Machinery and equipment (3) Permanenflp installed: (3) "Stock"; (a) Mactiineiy,and (4) All.other personal property owned by you and used in your business, (b) Equipment; 4 Personal property owned b ou„that is (5) Labor, materials or services furnished or ( ) P p Y Y. Y. arranged by you on personal property of used to maintain or..service the building others; or structure or its premises, including: :. a Fire extinguishing equipment; (6) Your use. interest.as tenant in improve- ( ) g 9 . Improvements ments and betterments, (b) Outdoor furniture; and betterments are fixtures, alterations, (c) Floor cayerings; and installations or additions: (d) Appliances used far: refrigerating; (a) Made a part of the building or struc ventilating, cooking, :dishwashing or ture you occupy but do not:own; and laundering;: (b) ,You acquired or made at your ex- (5) If not coveredby other insurance: pense but cannot legally, remove; (a) Additions under construction, altera- (7) Leased personal..property, for which you tions and repairs to the building or have a contractual responsibility to in structure; sure, unless otl erwise'provided for un- der Personal Property of Others. CP 00 10 10 00 Copyright; Insurance Services Office, Inc., 1999 Page 1 of 13 6 r• c. Persona II Property Of Others that is: n. The cost to research,,replace o� restore the. (1) 1n ytrur care,custody or control; and information including thosehfcon valuable papers and r. _Vr -wh exist on eIect�nic or (2) Located in or on the building described magnetii rinedia,'except as provided tri the in the Declarations orcin the open (or it a Covera e•1 xtensions; �r vehicle)Within 100Jeet of the describedtkt;i . premises..' o. Vehicles or sel€propelled machines (including aircraft'orwatefcraft) that: However, our 'payment for loss of or dam- `' personal property of otherswill only, (1).Are-licensed'fclr rase,do public age to personal f0ds, orn be for the account of the owner of the prop- (2) Are operated plriiicipally,away from then erty. describad•premises. 2. Property Not Covered This paragraph does not apply to Covered Propertydoes-not include: (a) Vehlclii,or self propelled t ia'An s or. a. Accounts, bills, currency, deeds, food autos you manufacture, process or stamps or other evidences of debt, money, warehiuse; nates or securities. Lottery:tickets' held for (b) Vehicles- or "setf-pr'6peli1pd . machines, sale are not securities; otheruthan autos,you ho(d.fi}r sale;-; b. Animals, unless owned try others' and (c) RowI;bats''or-antaes out ofwater at the. . boarded by you, or if owned'by you, only las described prernises;or "Stockk'while inside of buildings; (d) Trailers, but only-to the ex`ent provided C. Autornobifes held for sale; for in..the Covgrpge. EXtension fob`Nati.- d. Bridges, roadways, walks, patios or other ©irt!rred detached callers paved surfaces; p. The ;following p€operty while outside of e. Contraband., or property ;in the course of buildings; k . illegal transportation or trade; (1) Crain, Fray, straw or other crops; The cost of excavations, grading, backfilling (2) Fencu,. radio ter television antonnas or ing; dfr� llrtisf erd tlaeiitl= g. Foundations of buildings, structures, ma- in wiring;:chaste or•towers, 'signs.(other chinery or boilers if their foundations ere than signs attache, 'to buiidmgs)1 trees, below: shrubs .thanstocl� of trees, shrubs or dents), all except as (1) The lowest basement floor;ort provide the C.6verage7Ektensions 2 The surface of the round, if there is.no { } g 3. Covered.Causes Of Loss: basement; See applicable Causes of bass Form as shciwn.. h. Land (including land ''on which the;property in the peoiarations. is located), water, growing crops or lawns; , 1. Personal roe 4. Additional Coverages property rty while airborne or water= borne;;' a. Debris Fd+emovaf; j. Bulkheads, pilings, piers,wharves or docks-, (1) Subject to Paragraphs (3);`and'`(4), we k. Property that is covered under another will pay your expense to,remove:debris { p rtY of Covered Property paused by orycesult- coverage farm of this or any other policy in ing from.a Covered:Cause',of.Loss that which it is more specifically described, ex- occurs during tyre policy period--:Tte ex- I sept for the excess of the amount dole pensee will be paid :only if",they are re- (whether you can collect on it or not) from ported'to us in writing withitl 18g-'.days of that other insurance; the date of'direct physical loss or;.c in 1. Retainirrg wails that are not part of a build- age- ng; m. Underground pipes,flues or drains; ,£• A K e Page 2 of'13 Copyright, Insurance Services Office, Inc., 1999 Cp oo 1;x;10 00 _2`r z fi i� (2) Debris Removal dries not apply to costs (5) Examples to: The following examples. assume that r . " (a) Extract ."pollutants" ffom land or there is'no coinsurance penalty. water; or; Example#1 } (b) Remove, .restore'.or.replace polluted land or.water. Limit of Insurance $ 90,00.0 .(3) Subject.to the.exceptions'in,,Paragraph Amount of Deductible. $ 500 {4}, the fa€lowrlg:prc?.rrsions,:apply: Amount of Loss $ 50,000 (a) The mosf:ince tniill'pay for the total of Amount of Loss Payable $ 49,500 direct physicat kiss W;damage plus ($50,000 -$500) debris removal expense="9 the Limit Debris Removal Expense. $ 10,000 of:€nsurance..applicablezto: the Cov- ered Property that has.sustalned loss Debris Removal"Expense or damage. Payable, $ 10,000 (b) Subject to.(a),above,,the amount we ($10,000 is 20% of$50,000) will pay for debris removal: expense is limited..to 25°!a of the sum of the deductible' plus .the amount that we The debris removal.expense is less than pay fb direct physical"loss or dam- 25% of-the sum of the loss payable plus age to tke Covered Property that has the deductible.*The sum:of the loss pay sustarned loss or'darnage; able and the debris removal expense (4) We will pay up to;an additional $10,000 ($49,500 + $10,000 = $59;500) is less for debris removal expense, for each lo- the the E imit,.of Insurance. -Therefore cation,ln;any one occurrence of physical the full amount;of. debiis removal ex- of Property, if pense is payable in,accordance with the loss or damage.to Co terms of Paragraph one or both 'of. the, following circum {3}: stances apply xapta#2 (a) The total of the actual%debris removal expense,pl;us the;amount we pay for Limit of Insurance $ 90,000 direct physkcal loss;or.damage ex- Amount of Deductible $ 500 reeds.the-Limit of Insurance on the Amount of Lass $ 80,000 Covered Property that.has sustained loss or damage. Amount of Loss Payable $ 79,500 .: :. 1 (b) The; actual: debrisi:removal expense ($80,000-$500) exceeds 25% of,the".spM of the de- Debris Removal Expense $ 30,000 ductible plus the amount that we Pay Debris Removal Expense for direct physical loss"'or damage to Payable the ;Covered Property that has sus- Basic Ioss''or damage. Basic Amount $ 1 D,500. Additional Amount $ 10,000 i Therefore, if (4)(a) andlor :(4)(b) apply, our total payment for direct physical loss or damage and debris rerrioval expense may reach but will'heves exceed the The basic amount payable :liar debris Limit of Insurance-on the Covered'Prop- Paragraph expense under the. terms of i -< ined loss or damage, Paragraph (3) is:calculated as follows: erty that hassusta plus $10,000. $80,000 ($79,500 +: $500) x .25 $20,000; capped' at $1;0;5(30: The cap applies because the sum of the loss payable ($79,500) and the basic amount payable- for debris removal expense ($10,500);cannot exceed the Limit of In- surance ($90,000). i CP 00 10;10 00 Copyright; Insurance Services Office, Inc., 1999 Page 3 of1'3 G7 The additional amount payable for debris This Additional Coverage does not apply to removat expense is ,provided in accor- costs to test for, monitor or assess the exis ` dance with the termsbf Paragraph (4), tence, concentration :or effects of because the debris. removal expense "pollutants''. But wewill'pay for testing which ($30,000) exceeds 25% of the loss-pay- is performed in the course of extracting.the able plus the :deductible. ($30,000 is "pollutants'°'from the lance-6'water. 37.5% of'' $80,000); and because 'the The most we will pay nn& this Additional sure of the loss payable and, debris re- Coverage.for each .described prarnises is moval expense ($79,5(}0 + $30,000 - $10,0(10-fdr,:the _sum'of ail -covered ex- $109,500) would exceed the Limlt of In penses arising ;out;;of Covered Causes of suranee ($90,00(}). The' additional Loss. occurring, during; each,separate 12 amount of covered debris removal ex= month period of this pcltcy, pense is $10,000, the maximum.payable under Paragraph (4),Thus the;total pay- e.' Increased.Cos#.flf-Construction able for debris rerriovai expense in this (1) This Additional Coverage applies-onfy to example is$20,500; $9,000 of tfie debris buildings to which the Replacement Cost removal expense-isnot covered. Optional Coverage.applies... b. 'Preservation Of Property (2) In. the event of darriage by a Covered If it is necessary to move Covered Property Cause of Loss to a building.that is Cov- from..the,described premises to preserve it ered Property, we wilrbay the increased from loss ar damage by a Covered Cause costs incurred to comply with. enforce- i of Loss, we.will pay for any Airect physical rnent ;of an ordinane or law ,in the loss or damage to that:property: iirse of repair; rebuilding or replace- j (1) While it is being moved or while tempo rnent of damaged parts oUthah property, 4 subject.to the limitations stated in e.(3) racily stored at ar either location; arid: through e.(9)'; of�'this Additional Cover- (2) Only,if tlie,loss or.damage`.occurs within age. 30 days after the property is first moved. (3) The ordinance,or [a w- referred to in e.(2) c. .Fire Department or-di When the fire department is called to save nance or law 'that:;regulates the con or protect Covered Property from a Covered struction or.repair.ofi.bnildings or estab- Cause of Loss, we will,pay,up to$1,000 for fishes zoning .orland:use requirements your Liability for fire department service at the described 'premises, ,and is in charges: force at the tme.of'loss; " (1) Assumed by contractor agreement prior (4) Under this Additional"coverage, we will to'#oss or not pay.any costs due to an-,ordinance or law that.' (2) Required by local ordinance. } No Deductible applies to this Additional (a),You were rI.egU;ired_ to comply with Pp before' the' loss, `even when the Coverage. -building was undamaged; and d. ;Pollutant Crean Up.And Removal' (b) You failed to comply with. We will pay your expense to extract (5) Under this Additiori.al Coverage,,we will "pollutants" from land or water at the de- not pay any: costs:associated with the scribed premises if fhe.discharge, dispersal, enforcement. of .an ordinance or law seepage, migration; release, or escape of which' requires any insured or others to the "pollutantsis caused by or results from test for, monitor,,,clean-,up, remove, a Covered Cause of Loss that occurs during contain, treat, d,etoxify"or neutralize, or in the poiicy period. The expenses will be paid any way respond to, or assess the ef- a only if they are, The to.: us in writing fects of"pollutants"' within 180 clays of the date on which the Covered Cause of Loss.occurs. a Page 4 of 13 Copyright, Insurance Services Office, Inc., 1999 CPM 10.1.0.00 (6) The most-we will pay under this Addi- (9). The costs addressed in the Loss. Pay- . . tionai "Coverage, for each described ment and Valuation..Conditions, and the building insured under,Ahis. Coverage Replacement Cost:-Optional Coverage, Form, is,$10,000 or 5°t 'of`the Limit of in this Coverage Form, do not include Insurance applicable to,,.that building, the increased costs attributable to en- wh cheweris'less..if a da'riiaged building %fgrcernent ofi an:_ordinance or law. The is.covered undery,a blanket..Limit of In- amount..,payabte� under.this Additional surance which•,appl€es to iiciie than one Coverage, as stated in'e:(6)of this Addi- building or _item of property, then the tionk d6verage,Is.:not subject to such most we +mill.,pay :under,';1his,Additional limitatlofi.. , Coverage, foo that damaged.building, is 5. Coverage Eictens€ons the lesser of: 410,000'or :5°lo times the value of the damaged building as of the Except"as otherwise .prov€ded, '.the following Extensions apply, time of loss timestheappl€cable coito.prapertlr, located in or on surance percentage. the building descr€ked in the Declarations or in The amount payable under this Addi the open (or in'a vehicle)within .100 feet of the described prernises tional Coverage is additional insurance. ; (7) Withrespect to this Additional Coverage: If a Coinsurance percentage of,,80% or more or, a Value Reportingpenod symbol, is shown (a) We;will not pay.:for the Increased in the Declarations, you,'may:1extend the insur- Cost•of Construction: ance prbvided'by alis C&drape Part as follows: (I) Llntil,the property is actually re- a. Newly Acgi redt.Or_=C.onstructed Property paired or replaced, at the same or (1) Buildings. . another premises; and. If this policy cgvers BuiJiding', y y Duma . (ii) Unless the repairs or replacement extend that€ntsiurance to apply to: are made as soon as reasonably possible after the loss or damage; (a) Your new,buildings:while being built not to exceed two years•'. We may on the described4premises; and xtenc#-this-period-ire:writ+nr-dur- ---(t) afelir�gsi€ arygt�€re-at-locations, ing.the two years other;•tharn the descriped premises', (b) If the building is repaired or replaced intended f©r:, ` at the same premises, or if you elect (i) Similar: use as -the building de- to rebuild at another premises, the scribed.inthe,Declarations; or most we will pay for the Increased a€ Use as a'vvarehcuse Cost of ;Construction, subject to the ( ) provisions. of e.(6) af.this' Additional The most we will.pay forioss,:or damage Coverage; is the increased cost of cinder this,Ext ension.is,$2.50,000 at each construction at the same premises. building: a (c) If the ordinance or law requires relo- (2) Your BusinessPers' 6 al'Pcoperty cation to`another premises,the most (a) if this policy covers Your Business we will pay for the Increased Cost of Personal Prt pelt you' May extend i Construction; subject t'o` the provi- that insurance to apply to: cions of e.(6) of this Additional Cov- erage is*the increased cost of con- (I) B €siness- Pers r"at property, in- I eluding such property that you siruction at the hew premises. newly acquire; at any location you i (8) This Additional.Coverage is not subject acquire other..than. at fairs, trade € to the terms of the Ordinance or Law shows or exhibitions; f Exclusion, to the extent that such Ex- clusion would conflict with the provisions of this Additional Coverage. OM00 10 00 Copyright, insurance Services Office, Inc, 1999 Page 5 of 13 ❑ } '1 (ii) .Business persona[ property, in- c. Valuable Papers.And Records - Cast Of cluding..such property that you Research newly* acquire; =located at your "You may extend the°inurance that applies newly, Constructed., or ' acquired to Your Business Personal Property to apply i buildings.at.the..location described til your costs to research, replace or or in the.D`eclarations;.or : " .tiie, lost 'information 'on lost`'or damaged i (iii)' Business-,personal-`property that valuable'-' papers and'" records, -including you €ipwly acgtirr .located at the those which exist on:eieclonic or magnetic described prerillses rod€a;:for which duplicate's'ado not exist. The most we will pay for loss or Thb most"we will pay under this Extension damage €"rider'-this��•�"Exterisiorr is is�$2,50t7 at each'descr€bed premises, un- $100,000.at ach building. :. less a higher l rr it Is shown in the Declara- (b) This Extension does'not apply to: taolis € Person 1 r d. Property-Off Premises l ( ) a p.ope€tyof,others that is (1). you may extend the insurance provided temporarily in_.your possession in the ;course of installing .or per- by, this Cavgrage,Foem'to apply to your forming work on such property; or Covered Property wh€le it is away from the described`prernises, €f itis: (ii) Personal property ofi others that is 1 temporarily.€n xpur-posspssion in (a) Temporarily a#`a loeatian.you do not the course of your manufacturing own, ase or opi~rate; or whol6sal€lig actrv€t€es. {b) in storage afi a location you lease, (3) Pere�d Of Coverage,-. prov€ded,the lease was executed af- ter the 6egtnning of the current policy [with respect tri)nsurance on or at each tenni[;or newly acqu€red' or constructed property, coverage will enol when any of the follow- (a) At any fair,`tradeshow or exhibition. ing:first occurs::,,, ::- (2) This Extension do es not apply to prop- (cl) Tfirs poITCy-expire , erty In or.onra'vehicle; or (b)' 30 days expire after you acquire the (a) property or be iri�'ccnstruction of-that (b) ln.the care;custody or-control of your part of the building that would qualify salespersons, .unless the property is as cornered.property;or in such,care,..custody or control at a (c) You reportwalues tows. Mair, trade show or.exhibition. s We will charge you additional premium (3); The most ore w€II`pay for loss or damage for...values reported from the date you under This Extens€on'is.$1 x;000. acquire the property',or.,begin, construc- e. "Outdoor.Property a, tion,of that part of.the building that would You may extend.:the €nsurance provided by qualify as covered property. this.Coverage Form,to apply.ta your outdoor .. b. Persona# Effects And Property Of Others fences, . radio and. television antennas You may..extend the;insurance that applies ;(including;satellite dishes),;signs (other than to Your.:Business.Personal Property to apply signs attached..to buildings), trees, shrubs to:. `1. and plants (other than _:"stock" of 'trees, shrubs or plar€ts), €t.o 1 debris removal ('1) Personal effects owned by you, your expense, caused b or resulting from an of p y, ... g. Y officers, your partners or members,your the following causes of: if they are Cov- managers or your:employees. Thi's ex- ered``Causes of Loss. tension does not",apply to loss or dam- age by theft. ([).,:Fire; (2) Personal propertyof others in,your care, (2) Lightning; custody or control. (3) Explosion; The most we will pay for loss or damage (4) Riot or Civil Commotion; or under this Extension is $2,500 at each de- (5) Aircraft. { scribed premises. Our payment for loss of or damage to personal property of others will only be for the account of the owner of the property. Page 6 of 13 Copyright, Insurance Services Office, Inc., 1999 CP 00 10'10 00 EF4.. The most wewill pay for loss,or damage The limits applicable to the Coverage Extensions under this Extension ,is $1;000, but not and the Fire Department Service Charge and Pol- more than $250 for any orae:tree, shrub or Eutarlt Clean Up and Removal Additional Ctver- plant. These limits apply to any one occur- ages are in addition to the Limits of Insurance rence, regardless,of the types or,number of Payments under the Preservation of Pro e Ad- items lost or damaged in.that occurrence. Y p dY .•.F ditional Coverage will not increase the appincaole f. Non-Owned Detached Trailers Limit of insurance. (1`) You may`6e tend the insurance that D. Deductible applies to..' Your Business 'Personal In any one occurrence of... loss. ,or, damage Property to apply to loss`ar damage to (hereinafter referred to as loss),_we will first reduce trainers that you do not;own, provided the amount of loss if required by the Coinsurance that: Condition or the Agreed Value Optional Coverage. (a) The trailer is used in your business; If the adjusted amount of loss is lass.than,or equal (b) The trailer is in your care, custody or to the Deductible, we will not pay for that loss. If control at the premises described in the adjusted amount of loss exceeds the Deduct- the Declarations;and ble, we will then subtract the Deductible from the adjusted amount of loss, and will pay the-resulting (c) You have a contractual responsibility amount or the Limit of Insurance, whichever is to pay,for loss or damage to the less trailer. ; When the occurrence•involves loss to,more than 2 We will not a' for an loss or damage ( P Y �' one item of Covered Property'gnd separate,Limits that occurs: 'of Insurance apply, the losses wlnl not be combined (a) White the trailer is attached to any in determining application of the Deductible. But motor veli€c(e or motorized convey- the Deductible will be applied only once per occur- ance, whe'ther-or not the motor vehi- rence. cle or motor€zed conveyance is in Example No. 1: mofaon (This example assumes there is no coinsurance (b� fit ate_ penalty.) _,_ tions, or when,a trailer becomes ac- 1 cideritally unhitched from a. motor Deductible: $ 250 vehicle or motorized conveyance. Limit.of'insurance—131dg.. 1': $ 60,000 (3) The most we will pay for loss or damage Limit of Insurance—Bldg.. 2: $ 80,000 under this Extension is $5,000, unless a Loss to Bldg:1: $ 60,100 higher limit is shown in the Declarations. (4) This insurance is excess over the Loss to Bldg. 2: $ 90,000 amount due (whether,you can collect on it or not)from any other insurance cover- The' amount of loss to Bldg; 1'- {$60,100) is less ing such property. than the sum ($60,250) of the 'Limit of insurance Each of these Extensions is additional,insurance. applicable to Bldg. 1 plus the Deductible. The Additional Condition, Coinsurance, does not The Deductible wiil'be subtracted'from the amount apply to these Extensions. of loss in calculating the loss payable for Bldg. 1: B. Exclusions And Limitations $ 60,100 Pee applicable Causes of,Loss Form as shown in the Declarations. — 250 C. Limits Of Insurance- $ 59,850 Loss Payable—Bldg. 1 The most we will pay for loss or damage in any one occurrence is the applicable Limit of Insurance The Deductible applies once per occurrence and shown in the Declarations.. therefore is not subtracted in determining the The most we will pay for loss or damage to out- amount of loss payable for Bldg. 2.""Loss payable door.signs attached to.buildings is:$1,000 per sign for Bldg. 2 is.the Limit of Insurance of$80,000. in any one occurrence. Total amount of loss payable: $59,850 + 80,000 = $139, 850,, ;p .. CP;Of}.1Q"10 0.0 Copyright, Insurance Services Office, Inc., 1999 Page 7 of.13 ® ' Example No,2; (4) Take all reasonable.steps-to.protect the (This example, too,.assumes there is no coinsurance Covered Property from further damage, penalty.) and keep .a fecord of. your, expenses `necessary.to:protect the.•Cowered Prop- The Dedgctible and,Limits of Insurance are the same ertyR for cbnsideratign in.the settlement S thaw in example 1`do.'1: of'the, clai .-This will not°•increase the Loss to Bldg. 1: $ 70,000 Limit of Insurance. 'Nta4wever,�we.wit! not 9 paji for any s ibsequent�loss,.ory damage (exceeds Lunt of Insurance plus Deductible) ' resulting from a cause.of loss that is not Lost to Bldg. 2: 90,000 _. . a Covered Cause of Loss; Also,;.if feasi- (exceeds.Limit of Insurance,plus Cledbctible�, tsle, set the tlarnaged property aside and : in the best possitiie order for examina- Loss Pa.;yable-Bldg, 1' $60,00!7: tion ;:to (Limit of Insurance) _ (�1`A# our`fequest, give'us complete inven- Loss Payable-Bldg,2: $80,000 tories, of the damaged and undamaged (Urnit of Insurance) `.' property, Include quantities, `costs, val- Total.amount of kiss,payable ues-and.amount of'Ioss claimed. $ 40;000 : :(6) As often as rnay.be reasonably required, Gross Conditions' ,r permit us.to inspect the property proving E. the loss or damage and examine your The-foliowing conditions apply in addif6&to the books and records, Com, : Policy Conditions-7 and them Comercial Also permit'us tq:.take samples of.dam- Property Con,dif{ons: aged, and. undamaged property,: for in- 1. Abandonment spec#ion,;' tpsfhg' ,, and analysis, and There can be no abandonment of any property permit .us, to malce,,copies from your tows. - books and.reco'ds. 3 (7') Send us a -signed,; sworn proof`of loss �. Appraisal -` 'ng tlp informaJlonar a wuestAp _ If we and you disagree on the vaiue:-of the investigate: the claim. You must do this property or the- amount of:loss, either may wi6in.60 days after our req uest.:We will make written demand for an appraisal off`the supply Youvriththie-:necessaryforms. loss. In this event, earch party w!II.select,,a com patent and lmpardal,:'appraiser, The two ap- (8) Cooperate,,with us in the,investigation or praisers will select an umpire.. If theyT cannot settlement of,the claim agree, either may request that selection be b.,We may examine: any insured under oath, made by a judge of a`court having jurisdiction. while not in the presence of any other in- The appraisers will state separately the value of surer! and Fat such times. as may be rea- the pr-op�rty and..amount of loss. If.theyy, fail to sanably recqujred, a6.out anylrnatter relating agree, they wilt submit their differences;to the to this insurance ar the claim, including an umpire:;.A decision agreed.to by any two will be insured's books grid recorcls. In the event of binding. Each party will: an eicaminatiori an insured'S':ar`swers must r - 4e signed. a. Pay its chasm appraiser; and' b. Bear the other expenses of the appraisal 4. Loss Payment and umpire equally. a, in the event of loss or damage covered by this:Coverage�Frirm; at our option,-we will If there is an appraisal, wie will still retain our ; J right to deny the claim. either: a 3. Duties In The Event Of Loss Or Damage (1) Pay the value of-lost or damaged prop- ` a. You must see_that the.following are done in arty; ~ the event of loss or damage to Covered (2) Paythe`cost of repairing or replacing the Pro e rtY• lost or damaged property; subject to b. P :- below; (1) Notify-the police if a law may..have.-been - broken. (3) Take-all or any part of the property at ars (2) Give us prompt notice of,.the kiss or agreed or appraised value;ar damage. Include a description of the (4) Repair, rebuild or replace the property property involved. with other property of like kind and qual'- , ity, subject to b. below. (3) As soon.as possible, give us a descrip- tion of how, when and where the loss or r damage occurred. Page 8 of 13 Copyright, Insurance'Services Office, Inc., 1999 CR oo 10.1-0--.661 We will determine the value of lost or dam- 6. Vacancy aged property, or the cost of its repair or replacement, in accordance with the appli a Description Of Terms cable terms of the Valuation Condition in (1) As used in'this Vacancy Condition, the this Coverage Form or any applicable,.pro- term building and..the term vacant have vision which amends or supersedes the the.,meanings set -forth. in ,(1•)(a) and Valuation Condition. ` (1)(b) below: b. The cost to repair, rebuild or replace does (a) When .this policyis issued to a ten- not:include:the increased.cost attributable,to ant, and with respect to.,that tenant's enforcement of any ordinance or-law regu- interest in Covered Property,building latin.g the construction, use or repair of any means the unit or suite.-rented or property. leased to the,tenant: Such,building is c. We will give notice of.our intentions within vacant when it does :not contain enough business personal property 30 days after we receive.the sworn proof of to conduct customary operations. loss. d. We will not pay you more than your financial (.b) When this policy, is. issued to the interest in the Covered Property. owner or general;lessee of a build- ing, building: means the:entire build- e. We may adjust losses with .the,owners of ing. Such building..€s vacant unless at lost or damaged property::€f:;other than you. least 31% of: ts total square footage if we pay the owners, such payments will is:. satisfy your claims against us for the own- (i) Rented to a lessee or sub-lessee ers' property. We will not.pay the owners and used 'by'the lessee or sub- more than their financial interest in the Cov- lessee to conduct its customary ered Property. -'and/oroperations - f. We may elect to.defend, you against suits (ii) Used by the'.building owner to arising from claims of owners of property. conduct custorriary operations- We will perations.We-will do this at our expense. g. We will pay for' covered loss or damage r --Ruitd.ings imd .r rnn. � ti ntar ren2a- -- within 30 days after we receive the sworn tion are not considered vacant: proof of loss, if you.have complied with all of b. Vacancy Provisions the terms of this Coverage Part and: if the building`where loss or damage occurs (1) We have reached agreement with you has been vacant for more than 60 conseeu- on the amount of loss; or tive days before that loss'or damage oc- (2) An appraisal award has been made. curs. 5. "Recovered Property (1) We will not pay for any loss or damage p Y caused by any of the following even if If either you or we recover any property after they are Covered Causes of Loss: loss settlement, that party. must give the other (a) Vandalism; prompt notice. At your option, the property will be returned to you. You must then return to.us (b) Sprinkler leakage, unless you have the amount we paid to you for the property.'We protected the system against freez- will pay recovery expenses and the expenses mg to repair the recovered.property; subject to the (c) Building glass breakage; Limit of Insurance. (d) Water damage; (e) Theft; or (f) Attempted theft. (2) With respect to Covered.Causes of Loss other 'than those listed in b.(1)(a) throughti.(1)(f)°above, we will reduce the amount we would. otherwise pay for the loss or damage by 15%. CI'01110 10 00 Copyright, Insurance Services Office, Inc., 1999 Page 9 of 13 Ci 7. Valuation (2) Labor to transcribe`or copy'the records We will determine the'values t PC-,overed Prop- when there is a duplicate. erty in the event of loss or damage as follows: F Additional Conditions a. At actual cash Value as-6f the time of loss or fe following :cantlitlnns apply an.addition to,.the damage,-except as'pravidedt in b., c., d., e. Common Policy. Condiliions',Qarid: the bomrnercial and(.'below.' ; Property Conditions. . .._ b. If the'Limit 6f'lnsurance`46r'Building satis- 1. Coinsuranc a fies the Addifi6nal-Condition, Coinsurance. -.1f, a Coih6urance,perceri#age!:Is.:sbownY in the and the cost'to repair"d6 replace the dam- : declarations, the t6llowing conn a ditiopplies. aged bulld`rng property i$12,500 or less, we _ W:.. will pay the cost of htjilding repairs or re- a. `Vile will"not pay the tull'�amdunt of'any loss if placement. the value of Covered Prop°arty at!he time of 16s9' times the :Coinsurance,,'percentage The cast rif t uildrng repairs or replacement shown for it lathe-Deblarat7�ns.is greater does not include the increased cost attribut- than the,Limit (Insurance for the property, able twenforcemerit of any ordinance or law ;regulating the construction:, use or repair of Instead; we gill'.deterrnine.`the:mostwe will any-pr6p6rty. However, th-e following prop- pay using the fallowing steps erty will be ualue-d gat the'actual cash value '(1); Mbftiply the rralue of-Covered Property at even when attaehed'to the building; thei'tirne of°loss':by the:-Coinsurance per- (1) Awnings or floor coverings, 1,c6ritagei, :a. �2) Appliance's f©r,'refrigerating, ventilating, ` (2) 0ividi the `Limit of tnsucarice of,. the coking,ng, dishwashing or laundering; or property by the figure'determiried in Step (3) Outdoor equipment or furniture. (�)► P. "StocK,,you have sold but not delivered at ( ).. Multiply the total amount of less,'before the a'}�pl$cation of Uy detluctible, by the the selling .price fess. discounts and ex- {gure:cfgtei limed in'Step'(2);and penses you otherwise would have,had. 4) triibla trGm-the-figure— d. — rSlass at the cost of.replacement with safety s _determined►n Step(3) glazing material if required by levo. Ah e. Tenant's Improvements and Betterments at: i/S/e w111,paY ties*imount determined iii.Step' „ LFA rt (4) or, the limit,.of,insurance, .whichever is 0) .4c al..cash.raluepf the ins# or demo ed Tess Forihs remainder, you will either have 9 property if you make repoirs promptly. to*rel y`on'other='irisurance or bsorb the loss (2) A proportion of your original•"cost if you yourself. dig not make.;repairss.,promptly. We will Example too. 1 (Cftderinsraiicej. F'" defin ine the proportfanate value as When: The value of tfie prop erty is $ 250,000 (a) >Multiply the original ccist by the num- The,Coinsiiranciv per ; ber of days (turn the loss or damagecentage for lt;is , 80aJ to the expiration of'the lease; and '(tie Limit of I'nsurah-1 .i. i inti �_ ,.. ,.. (b) Divide the dmount,detertnined in (a) for it is $ 1t}0,000 above by the.:number of days from The deductible is '$ _= 250 the installatibn & improvements to The arriciunt of loss is '40,0.0.0 the expitation of the lease: Step(1): $250,000 x 800%'-$200,0{}t If your lease contains-a'renewal option, (the minimum amount of insurance to the expiration,of,therenewal option pe- meet your Coinsurance requirements) riod will replace the expiration of the Step(2): $100,000_$200,000 = .50 lease in this procedure':' Step(3): $40,000 x.50 =$20;000 (3) Nothiing if others pay, for repairs or re- Step(4): $20,000-$250= $19,750' placement. We will pay no more than $19,750. The remaining l f. Valuable-Paper°s and -Records, including $20,250 is not covered. k those which exist on electronic or magnetic l media (other than prepackaged software programs), at the cost o€: (1) Blank materials for reproducing. the records; and Page 10 of 13 Copyright, Insurance:Services Office, Inc., 1999 CP 001G*10 0,0 Exarrinle No. 2 (Adequate Insurance): e. The mortgageholder has the right to receive When: The valine of the prop- loss payment even if the mortgageholder is $ 250 000 has started foreclosure or similar action on ertyThe Coinsurance per- the building or structure. s centage for itis 80%° d. If we deny your claim because of your acts The Limit of Insurance or because you have failed to 686ply with for it is $ 240,000 the terms of this Coverager Part, the. snort- The Deductible is $ 250 gageholder will still have the right to receive The amount of loss is $ 40,400 loss payment if the mortgageholder. (1) Pays any premium due;:under this Cov- The minimum amount of insurance to meet erage Part at our request if you have your Coinsurance requirement is $200,400 fated to do so; ($250,0{30 x 80%). Therefore, the Limit of (2) Submits a signed, sworn proof of loss A; Insurance in this:Example is adequate and within 60 days after receiving notice no penalty applies. We will pay no more from us of your failure to do so; and than $39,750 ($40,000 amount of loss mi- (3) Has noti#led us of any change in owner- 11Vnus the deductible of$250 : ' ,l ), ship, occupancy.or substantial change in b. If one Limit of Insurance applies to two or risk known to the mortgageholder. more separate items, this condition will aP- Alf of the terms of this Coverage ,Part will ply to the total of all 'property to which the then apply directly to the mortgageholder. limit{ applies. e. If we pay the'mortgageholder for any loss or Example No. 3: damage and deny payment to you because of your acts or because you have failed to When: The value of properly is: comply with the terms of this Coverage Part: Bldg. at Location No. 1 $ 75,000 Bldg.at Location No. 2 $ 100,000 (1) The mortgageholdees rights under the Persnnal Propelfy at mslrtgage wil[ be tr_arifrr�?d°to pis to the;- Location No. 2 $ 75,000 extent of the amount we pay; and $ 250,000 (2) The mortgageholder"s right ..to recover The Coinsurance per- thefull amount of the.mortgageholder s centa a for it is 90% g claim will not be impaired. The Limit of Insurance for Buildings and Per At our option, we may pay to the mortgage- sono! Property at Loca holder°the°.whole principal on the mortgage tion Nos. 1 and 2 is $ 180,000 plus any accrued interest.;In this event, your �s The Deductible is $ 1,000 mortgage and note will be-transferred to us and you will pay your,remaining mortgage The amount of loss is: Bldg. at Location No.2. $ 30,440 debt to us. Personal Property at f. If we cancel this policy; we will give written Location No. 2. $, 20,400 notice to the mortgageholder at least: $ 50,000 (1) 10 days before the effective date of Step (1): $250,000 x 90%_ $225,004 cancellation if we cancel for your non- (the minimum amount of insurance to payment of premium; or meet your Coinsurance requirements (2) 30 days before the effective date of and to avoid the penalty shown below) cancellation if we cancel'for any other j Step (2): $180i000_$225,000= .80 reason. Step (3) $50,000 x .80=$40,000 g. If we elect not to renew this policy, we will Step (4): $40,404—$1;004= $39,040 give written notice to the mortgageholder at least 10 days before the expiration date of We will pay no more than $39,040. The remaining this policy. $11,400 is not covered. 2. Mortgagehoiders a. The term mortgageholder includes trustee. b. We will pay for covered loss of or damage to buildings or structures to each mortgage- holder shown in the Declarations in their or- der of precedence, as interests may appear. CP 00 10 1000 Copyright, Insurance Services Office, Inc., 1999 Page 11 of 13 0 G. Optional Coverages Example: If shown as applicable in the Declarations, the fol- if: The applicable Limit of lowing', Optional Coverages apply separately to insurance is: 100,000 each item. The annual percentage 1, Agreed Valde increase is . 8% The numberof days a. `The Additional :Condition,, Coinsurance, 0I since the beginning of does not apply to.Covered-Property to which this Opt€ona! Coverege,applies:We will pay the policy yearIs. last no more for loss of or damage to that prop- policy change) is. T 146 . erty,th n the`proportiorl that the.''Limit;of In- The amount of increase surance under this. Coverage Part for the is$100,000 x.08 x 146 property bears to-6e Agreed Value shown -3 >= :` . 3,200 for it in the Declarations. b. if the expiration date_ 'for,this'Optional Cov- 3.'R lilacement Cast. erage shown'in the`ESeclaratioris is not ex- a. Replacement Cost (without`deduction for tended; the :Additional Condition, Coinsur- anee, is reinstated and this Optional Cover depreciation) replaces Actual Cash Value in age expires: the Loss Condition, Valuation; of this Cov- erage Farm. C. The terms of'this Options! Coverage apply b.. Tt is:Opt onal Coverage'db'6 rn.ot apply to: only to,loss or damage that.occurs: (1) On or after the effective wdate of this (1). Personal property of others;: Options!Coverage; and (2), Contents of a residence;. (2) Before the Agreed Value ekpirat€on date (3) Manuscripts; shown in the beclarations or the policy (4.) Works of art; antiques or rare article's; expiration date, whicheveroccurs first. including etchings,- p.idtures, statuary, ? 2. Inflation'Gu aid marbles,bronzes, porcelains and''bric-a- a, The Limit of Insurance for property to which this Optional Coverage applied, will auto- (6) "Stock", unless the Including "Stock" matical€y increase by the annaa!percentage option is shown in the Declarations. shown in the Declarations: Under the terms of this Replacement Cast b. The amount of increase will be Optional 'Coverage;_ tenants' improvements (1) The Limit, of lnsuraiice:that applied on and betterments are not considered to be the;,most recent of thee;policy inception the personal property of!others. date, the„policy anniversary:date, or any c. You may,'make.a claimafbi- loss or damage other..-policy change,amend€ng the Limit covered by this insurance on an actual cash of Insurance, times value basis instead of ion a replacement (2)! The. percentage of y annual increase cost basis. In the event you elect to have shown,in.the Declarationloss or damage sett€co' on an actual cash Declarations,.expressed as a decimal(example: 8% is .08) times value basis, you may still make a claim for the additional coverage this Optional Cove- (3) The:number of days since the beginning erage provides if=you notify us of your.injent of the.current policy.year or the effective to do so within 180 days atter the €ass or' date of the most recent,.policy change damage amending the Limit of insurance, divitled by 365. d. We will not pay;on a replacefnent cost basis for any loss or damage,. t (1) Until. 'the lost or damaged property is actually repaired or rep€aced, and'a ;” t Page 12 of 13 Copyright, Insurance Services Office, Inc., 1999 " A (2) Unless the repairs or replacement are 4. Extension Of Replacement Cast To made as soon as reasonably possible Personal Property Of Others {' after the loss or damage. a a. If the Replacement Cost Optional Coverage With respect to tenants' improvements and is shown as applicable in the Declarations, betterments, the following also apply: then this Extension may also be shown as (3) If the conditions in d.(1) and d.(2) above applicable. if the Declarations show this are not met, the value of tenants' im- Extension: as applicable, then Paragraph provements and betterments will be de- 3.b.(1) of the Replacement Cast Optional termined as a proportion of your original Coverage is deleted and all other provisions cost, as set forth*in the Valuation Condi- of the Replacement Cost Optional Cover- tion of this Coverage,Form; and age apply to replacement cost on personal property of others. (4) We will not pay for loss or damage to tenants' improvements and betterments b. With respect to replacement cost on the if others pay for repairs or replacement. personal property of others, the following e. We will not pay more for loss or damage on limitation applies: a replacement cost basis than the least of If an item(s) of personal property of others (1),(2)or(3), subject to f. below: is subject to a written contract which gov- erns your liability for loss or damage to that (9) The limit of Insurance applicable to the items), then valuation of that item(s) will be lost or damaged property; based on the amount for which you are li- (2) The cost to replace the lost or damaged able under such contract, but not to exceed property with other property: the lesser of the replacement cost of the (a) Of comparable material and quality; property or the applicable limit of Insur- and ance. (b) Used for the same purpose; or H. Definitions (3) The amount actually spent that is nec- 1. "Pollutants" means any solid,liquid, gaseous or scat -ta-repair—orepiace-tq.e 1oscu�___ thermal irritant or contaminant, including damaged property: smo e, vapor, cifslkatis _ chemicals and waste. Waste includes materials If'a building is rebuilt at a new premises, the to be recycled, reconditioned or reclaimed. cost described in e,(2) above is limited to ' the cost which would have been incurred if 2. "Stock" means merchandise held in storage or I for sale;' raw materials and 'in-process or fin- ished goods, including supplies used in their. j premises: packing or shipping. 1 f. The cost of repair or replacement does not include the increased cost attributable to enforcement of any ordinance or law regu- lating the construction,:use or repair of any property, f, a CP 00 10 10 00 Copyright, Insurance Services Office, Inc., 1999 Page 13 of 13 C7 ............. ........... ................................. .................................... MEW- 11W 'FilomEOWNEFS BUSINESS MANAGEMENT INC. OM E 0 W N tE it A s s 0 C I A T 1 0''N Alit N A G L M E N T November 19,:2002 Mr. & Mrs. Frank Morgan 1730 Anchorage Way Discovery Bay, CA 94514 Re: CYPRESS LANDING HOMEOWNERS ASSOCIATION 1730 Anchorage Way Dear Mr. & Mrs. Morgan, I am pleased to forward a copy of your apptoved Architectural Application to install a gangway to be owned with 1740 Anchorage Way at the rear of your home as presented on the attached application contingent upon a copy of the title including the gangway is received once recorded. The applig@t�ipl_��iil__�e__pLqqqo_.in_ypur uni�_file for future reference. Your patience and cooperation in this process is greatly appreciated. If you require additional information, or have any questions regarding this letter, please do not hesitate to contact our office at (925)687-1855 x27. Sincerely, HOMEOWNERS BUSINESS MANANGEMENT, INC. Rosie Rivera Association Manager cc: Unit File WC'� 1855 GATEWAy Bi.vn_SLTI F 340 CON dill);CA.94.S20 925.68T 1855 FAX 92-S.687.0332 CYPRESS LANDING HOMEOWNERS ASSOCIATION APPLICATION FOR ARCHITECTURAL COMMITTEE APPROVAL AND AGREEMENT NOTE:Your 'alteration/improvement must fall within the published guidelines to use this application; if not, you will need the Homeowners Association two (2) page application. '4.10/Z6f property owner(s)of (PRINT NAME) k�C0/�'A tt � l propose the fallowing (PRINT PROPERTY ADO S) external improvements and/or architectural alterations to our home: DESCRIPTIONS OF ALTERATIONS (Attach Any Brochures/Literatures) Check Applicable Box Type;of Change/Vendor Garage Doors I ] Windows [ } Roof [ ] -- - ---...Skylight [ ] Front'Door(s) Fences [ ] Other [ L.r-�`jt LwLCt �4 c 13 . 0'0 ,20pc12 L,,; , Signatures reggired of neighbors for fences if applicable' 1. Owner(s) ., „� tz Address ( � s '✓' � Jterii�y 2. Owner(s) � Address ' R 3. Owner(s) Address PAINTING (Attached Paint Samples) Stucco [ ] Vendor Paint# Color Trim [ ] Vendor Paint# Color Front Door [ ] Vendor Z Paint#f Color Garage Door I } Vendor: Paint# Color Shakes on ( } Vendor Paint# Color House Wood Siding I } Vendor Paint Co or Page 1 of INVe understand that this application will be presented at the next regularly scheduled Architectural Committee meeting, and I will be informed of the Committee's decision as soon as possible and not later than forty-five (45) days from their receipt of this application. ByjZA 10I< Pp,fZ64-A-) day Telephone# 0 2 5.1 R3- 53,Y4 By Eve. Telephone.# Mailing address if different from property address: nm - Dated: 2 BOX FOR ARCHITECTURAL COMMITTEE USE ONLY Architectural Committee Action/Comments: By Board or Architectural Committee Member By Board or Architectural Committee Member Association Board Action/Comments `fir I Preside t ; Date Slecretary Vate`' INVe understand and agree to all of the conditions/comments which the Board has listed in regard to this a li ion.` Homeowner's Signature date PLEASE RETURN APPLICATION TO. Attention: Rosie Rivera HOMEOWNERS BUSINESS MANAGEMENT, INC. 1855 Gateway Boulevard, #340 Concord, CA 94521 Page 2 of 2 ........................ GANGWAYS, 1.00"DiA.SS PIVOT SHAFT 2"DIA.PIPE HANDRAIL �.50 SPACING BETWEEN DECKING DECKING WITH TEXTURED SURFACE ti ALL FASTENERS - PIVOT PINS END CONNECTION ROLLER SHAFTS - 304 STAINLESS STEEL OUR STANDARD LIVE LOAD IS 75# PER SQUARE FOOT ! 1-H "2.;50 DA. SOLID RUBBER 100% WELDED MARINE GRADE ALUMINUM ROLLERS REMOVABLE HANDRAILS FOR EASY SHIPPING ................ ........... TIA 411 V�W14.0 A LIMITED PAITHERSHIP , 27 4�1 it - 11,111\I, t , I , � t 1 , s � p t fxr� �.�,,-• ,,--tom �,� ,/�r_-�'L-'c> Recorded"at`the Request of And When Recordod Return toe Fount'era TitleCompany 67 3477 + 300E Clayton Road AAfttlECf Ai Rfat1�S� OF Concord, CA 94539 I N D E XFOUNDERS TITLE CO Attn. D. Zapalar TO FEB 121987 UP DECLARATION OF, COVENANTS, 1241Y CONOtTION8 ANC) RESTRICTION -rt7iK '. Or `1 k1 CC!•r COtJtRA C{?t CYPRESS LANDING A PLANNED DEVELOPMENT PROJtCT C�1.1t�:t�tC:1Rt3IR ARTICLES t f e PACE + 1. INTENT",N'' OF DECLARATION 1.1 .... 1 .1 Facts 1.1' r 1.2' Applicability of Restrictions 1.1 21. DEFINITIONS 2.1 III. OWNERSHIP AND EASEM"NTS !.1 3.1, Non-Severability 3.1 t.4 3 .2 ownership of Lots 3.1' 3 .3 Ownership of Cummon Area and Poat Docks 3.1 3 .4: ownership of Party Fences 3.l 3.'j Zases*-"ts 3.1 3.6' Assignments of Boat 'DockK 3.3 IV. USES' AND RESTRICTIONS 4.1 4.1. Use and occupancy of Lots and Residence's 4.1 4 .7 Rental of Residences 4.1 4.4 Use;of Common Area 4.1 4.5 Parking 4.2 4.6 ' Signs 4.2 4.7 Storage of toast^_ Materiels 4.3" 4.9 ' Antenna~ `. 4.3 4.9 Invitee e 4.3' 4.10' Restriction ur. Burir,asa 4.'3' 4.11 Mineral Exploration 4.3 4.12' Machinery,' and Equipment 4.3 V. IMPROVEMENTS 5.1 5 .1 Maintenance of Common Area 5.1 5.2 Alterations to Co=on Arzi 5.1 5 .3 Maintenance of 'Lots and Residences 5.2 5 .4 Alterations to''Lnts and Residences 5.2' 5.5 Maintenance and Repair of Party Fences 5.3 5 .6 Land&,;aping 5.3 5 .7 Right of Maintenance' and Entry by Association ` 5.4` 5 .8 Damage and Destruction 5.4 LrrTLF It SAMrra ('i f 02/11/87 N CX'Att CIL 61 141Tl..tti wit}.Mi 0Y10 i . .. . ARTICLES PACE 5.9 Condemnation of Common Arex , 5.5 5.10 Ramage or Destruction to Residenc« s •ind/or Late 5.5 , VI. FUNDS AND MAESSMENTS 6.1 6.1 Covenants to Pay 6.1 LO 6.2 Angular AII1409nMents 6. 1 6.3 5pccini Agsesuments 6. 3 { ; 6.4 Roimburst-ment Assessmante 6.3 6.5 Accounts 6.4 6.6 Enforcrmf•nt of kssosAmentm 6.4 6.7 Statement of Assessment Lien G.6 4pft 6.8 Strbordinnti'on of Linn 6.7 Vii. MEMBFP SHIP IN THE ASSOCTATION 7.1 7.1 'Thr. organitaticn 7.1 7.2 Mombership 7.1' 7.3 'Classes of MemL-rship<< 7.1. Vill DEVELOPMENT RIGHTS 0.1 8.1 Limitations rf Restrictions, ` 8.1 8.2 tights of Accens and Completion of Construction 8.1 8.3 Size and Api carance of Project 8 t 8.4 Marktiting Rights 8.I 8.5 ;i4en3ment G.1 IX. RIGHTS'; Of 1140RTGAGEES 9.1 Conflict P.2 9.2 Liaoility for Unpai_* Asseasments 9.1 _ 9.3 Payment of Taxes and Insurance 9.,c 9.4 Termination of Contract-and Agreements 9.1 9'.5 Notices to Eligible Holders 9.1 9.6 Reserve fund 9.2 9.7 inspection of Books and Records 4.2 9.8 Financial Statements 9.2 9.9 V'ot#ng Rights of `Mortgagees9.2. 9.10 Mortv_age Protection 4.4 X. AMXNUMENT AND LPNrORCFMENT 10.1 10.1 Amendmants 10.1 10.2 Enforcement 10.2 utII snrirrr► t ii 1 10/22/86 .iiI-.'r.itr#R(#N .a i„M.Afl tftC iti M!!C/R1 ♦.r r,1.I t.iY (#tfh l''rfA N+w. ' 1gLMren s' X1. ARCHITECTURAL Rrvrew 11.1 11.1 Applicability 11:1 11.2 Duties 11.1 11.3 App,lica¢ion for Approval of , 1:;provem-n tis 11.2 11.4 Basis for Approval of Improvements 11.2 •11.5 Fore of Approvals and Denials 11.2 11 .6 Proceeding with work 11.2 C7% 11.7 Failure to Complete Mork 11.2 11 .8 Determination of Compliance 11.3 11.9 Failure to Remedy the tion-Compliance 11.3 11.10 waiver 11.3 11.11 Estoppel Certificate' 11.1 11.12 Liability 11. 11.13 tion-Applicability to D+rclarnnt ;, 11.4 X11, MISCELLANEOUS PROVISIONS 12.1 12.1 Tares of Declaration 12.1 11.2 Construction of Provisioned 12.1 12.3 Binding 12.1 12.4 Severab,.1'i ty of Provisions 12.1 12.5 Hensler, Number and Captions 12.1 12.6 Aedistributioi, ''of Management Documents 12.1 12.7 Exhibits 12.1 12.8 Enforcement of Bonded Obligations 12.1 12.9' Conflict 12.2 Lrrr-t 6 SAYVTO 111,*%1%s AI I.n (iii) 10/22/86 .NAr'R'it /I.1-.11-MA1111.`- DXCLARATION Or COVERANT.4, CONDITIONS A140 REST+r[UTION$`; or CYPRESS LANDING ACommon Tnterest Development . %l (Subdiv »ion , 2,6) I "is OWLARATION OF CftVENANT9, CONDITIONS AND IIKSTRICTIONS OP CYPRESS' LANDING {"Declaration") Is '' MAd+e t1iii 0 : '!4 day of ..Nx*4 .Iry-f , 19e by THE- LUSK' COMPANY, a California corp,)r;-Fl n f"Cte�irant") . ARTICLE 3 INTENTION OF DECLARATrON t 1.'1 FACTSr This Deselarfition in made with reefer I encer to the toilowing factut 1.1.1 Pro erty Owned kX declarant: Declarant in the owner of a the r,,!-&T property an Improvements thereon located in the County of Contra' Costa, Stene of California, described as follows, Lots l through 97, inclusive, snd Lots A, ;.It and G and the parcel des. gnated "Private Street" 13 shown on the rsubdivition map filed for retard on December' 3, 1985, in Book 297 of Maps at n+r e 1 et sag. in they Official Record:+s of the! County of Contra Cosi&, Stare of 1.1.2 mature of Pro ecta Declarant intendr. , to develop the Prc+ ect as a plannad' development project within the meaning of California Civil Code Section 135:fkI In ronformity with the provisions of the Dmvi*r-Stirling; Comm•-n Interest Development Act (California C1--Il Code, Section 1350 a' -*Pq.) . To establish the plani ed development project Declarant desizss to Impose on the Project, 'these mutually beneficial rextrictions, easement.;, as:;cssmP,,t.s and lions under a comprehensives general plan of improvement And development for the benefit of all of the Owners,': the Lots ant Common Area within the Project, l .2 'kPPLICABILIY`Y OF RESTRICTroNst Pursuant to California C- vi * C;S s Sections--' 3 and 1351,, Declarant hereby declares that the Project and s1"1 Improvements thereon rre subject to the provisions of this Derr.laraition.' The Project .%hall be held, conveyed,' hypothecated, encumbered, leewsed, rentell used, occupied and improved trait.k suyuro 1.I 07/23/85 M"t41WNs AT tAN ..c sin"1111 VMt4,ar WAUA i.-I11. a♦t1HAMA w�.. .ilk.W don lit subject to the covenants, conditions and restrictions etat+d L1 thi• Dec Isra'tLon.- All xuch uovenants, condition's and restrictions are declared to be in furtherance of the plan for the subdivision, improvement and sale of the project as A, COCOmOn Interest Dovelopmont. All of ;the liftitations aaseeents, uses, obligations, covenants, conditions, and restrictions stntsd in this Declaration' rhall tun with the t+rojett and shall inui . to f :e bgnafit.of :and ba bindinq on ail O ner# and all other iwrties having or acquiring any right, title ur intermrt in any pact of the Project. i LfrMI a IAT1fiTJ --(ZW-,..l Wm f,. 07121/86 b><rINLT10:fS Un1eaa the context laariy Ind€c++tas a ;,different *#an- �. €ng, the terms used in this Declaration, the ' !lap,; and any -- grant dsed to a Lot >shAll have the mannin2a spe►cifiad in 4 this Articles. cr: , 2.1 ADDMOt1A ARO81 The terra *Additional Chargees s to smean coats, ees, charges and exp-ndituras, including without limiraiion', attorn-y11 fees# late chargat, Interest;and raraordin2 and filing foot actually incurred: by cc the Unociation in collecting And/or enLorcing p.tymsnt of assessments, fines andfnr penalties.' t 2.2 ARTt LE9t The term 'Artie oaQ shall mean the Articles of____ wproration of CYPRESS LANDING c(IMMi1NITY ASsocLATIon, INC., which arptor shall be filed in the office cf tho 4-xiir.t•.Ary of State of the Etats of California 2.3 hSSOCTATIONt The term "Association" shall Sown \CYPA 9 LANDING COKMUNITY ASSOCIATION, INC., its successor* and assigns, a nonprofit mutual benefit corporation incorporated under the laws of the :hate of chl?ifornia. 2.4 BOAFLDt The.- term "Ek)ard* shall mead the Beard of DirectoL; f-'the Association. 2.5 BOAT DcrMt The terra *boat backs* shall nwen the: personaf P;ro© .ty '' dpscribe~d on ExhibilL "A" attachod hereto. 2.6' SYLAWS t The term *hyla i+: aFtxll "mean- t:h® lryl,aws of t1ie s4ociation and any amandments tnesroto. 2.7 cnMMC+N AREA: The terra `Common Area* shall mean Lotaq x, i , +e red Ci and the pa'rcesl designateed' *Private 8trert* as shown on the Map, the Boat Docks and the Pe>rdeatrian maeownt acroes Lot,, 24 which connects the PrivaLe Strfet to Lot O, and till improvements thereon, which are not owned or maintained by the City or a public or quasi-public agency or utility company. 2.8 COUR I The term *County*; shall mean the County of Centra costa, State of California. 2.9 DECLAPANTt The term "Declarant" shall rniran The Lusk Company, a r-lifornia corporation. The. term *Declarant* shall also mean' successors in interest of beclarant, if ii'I such' successor(s) In 'interest acquires all tTT.E a SArurO 2.1 01/26/87 10 1-Iiltl At I AK tY{SN[liik 14 4 k tNWMA..}y c t # it any portion of Declxrant's interest in this Project for the purpose of dervelop:uent and/or sale!, nn-1 (ii) a cnr- ti'f icate signed by Declaran, has been recorded' In the County in whi.h the successortesl .n interest asau}+res the 'rights and C. duties of Declarant to the portion of the Project so acquired. There mly be more than one Declarant. a 2.10 DLCLARATIONI Th* term "Declaration" shall Y. mean thin D cTnra on of Ccxt�r�antx,' Cor�c2iGtana nr�ci Cr. Restrictions of Cypress 'Landing and any amendments hereto, 2.11 LLIGISLE HOLDERI The term "Eligthle Sold-r" shall mean eny InstitulTona Mcrtgagoe who has delivered a written: notice to the Association containing its name, ad- dress and the number or address of the Lot enrunruered by the: Mortgage and requesting that the Association deliver written" r1 rtiA i�.n t:.. !t 1:t an all ..s tiW Section 9.5 2.12 tllis'T tLgRTGAGEs The terse "First Mortgage" shall mean a Mortgage which has priority under the recording ststutes' of the State of California over all other Mortgages encumbering a` specific Lot. 2.13 FIRST MORMAr.EEt The term "First Mortgagee'' shall mean th:a AorLgeaee'—oT a First Mortgage. 2.14 IMPROVEMENTS: The term "Improvement:s" shall swan builaTitga, Ta-cilrties, str*eta, driveways, fences, walla and other struc'_ires and all Landscaping constructed -upon-- -property ,,t3bect- to leis Declaration. 2.1t5 INSTITUTIONAL MORTC-AGEE: The term "TnsLitu'tional 1�o_tga_giie shall mean a First Mortgagee which is iii a bank, savings and loan association, insurance or mort+gAge company or other entity or institution chartered under err regulated by any federal and/pr state law; {ii} an insurNr or governmental guarantor of a First Mortgage in_ eluding without limitation the Federnt Housing Authority and the Veteran's Adminixtrationt '(iii)' the tate of California t; or (iv) Declarant. 2.15 IMIVITEEt The terra "Invitee' shall mean any person whose pre=sence. within the Project is reproved by o is at the rsquest of a particular tuner, including, but not limited to, lessees,s tenants, and the family;, guests,, employees, licensees or invitees of Owners, tenants or 1e� stsea: In-Ua SAP= 2.2 07/23/86 Na i,..1 -4in 111 W.U.I.1'1.414r i it 1H'MVS...I•+ t 370 3.17 LOT The term "L4t" shalt refer to sa g+*parate Interest as defined in California civil code Section 1351(1) and shall;mean Lott 1 through 97, Inclusive, as shown on the Map and all Improvements thew=)n. 2.18 MAPs The teras 'Map" shall mean the subdivi- #ion soap rsrcord­1 an December 3, 1985, in . Book 297 of Maps 4C Page 1, eto seq., in the Official Records of thv County. 2.19 MEMBER. The term *Member* shall mean an i Owner. 2.20 MORTGAGE: The germ 'Mortget;� " sh.e11 mean any duly recordP mo gaga or dried of trust encumbering a Lot. 2.21 MORTGAGELr The term' "Mor'tgagee' shall mean a Mortgages unera !Mortgage as well as a beenef iciary under a 2.22 NOTICE AND NRARINUt The term 'Notice and Rearing" shM mean die proc' Erewhich gives an Owner no- tice of an alleged violation of the Project Documents and the opportunity for a hearing before the Board. 2.23 OWNER The tRrez "'Owner'' shall mean the hold- er of :recor a title' to a Lot, including Declarant as to each Lot owned by Declar-Nrl-. If more than one person owns a single L-::,'the term ''Owner" shall mean; all owners of that Lot'. The term 'Owner" shall also m-an a contract purchaser (vendee) under an installment land con`ract but shall ex- clude __eny_.__persan_hav -!!'I_.an _i i .etti1t__a. rity for performances of an obligation. 2.24 PARlCI1VG AREA; The term `Parking Area"` nhall mean all park vherever located within the Project, .in- cluding driveways but :not including ancloped'gavages. 2.25 PEDESTRIAN EASEMENTr The term "Pedestrian Easement' shall mean that portion of Lot 24 which connects the Private Street to Lot G as, describ+-d'' on Exhibit "B" attached_ An easement over such property'shal.l; be cnnv*yed to the Association in accordance with Section 3.3 of this Declaration; 2.26 PREI,TEGTs The term; "Project" shall mean Logs 1 t,hrouah 3 Inclusive, Lots; A, 8, and G, the float Docks and the parcel designated "Private Street* as shown on the Flap and all improvements thereon. 2.27 PROJECT DO UMENi Sr The tocar "Project nocuments' shall mean thin P:ticlez, Bylaws this Declaration and the Rules. Urtt.e At sArUtcs 2.3 01/26187 ATTIW%l t o At 1 401 -A WT V its t i%At%III Lot 10 t At Ph W'.tA+toft ,tea..y..#Am e 3446not 37I ] .24ttsLT RCPC3RTt The term 'Public o0ort• sisall mean a �'7 al-IT'; Subdivision Public Report issued by the :Departecnt of Real Estate of the '$tate of California for the Project. 2.29 Ft1f82p!€?t Thi tear 'Residence• shall.: mean a " dwelling unIE GiigRed for human occupancy. 2.30.', RVLESt The teras "Rules" &hail mere the rules adc2ted by M Board, "including architectural guidelines, restrictions and procedures. urns a SAPUM 2.4 01/25/87 %11.VMVI AT SAM ..f SSM+pY0. T 1 I 3446rW 372 AR"fICLg III t3N' CAS tf I P AAD EAR N1kT# 3.1 ; NON-SEVERAZZLITYe The interest of each Owner in the uae a�ef4 tof the Common Area shall be ' appurte- nant to the Lot owned i by the Garner. No Lot shall be con- ve.yrd by the Owner separately from the Interest in the Canon area. Any conveyance of ant Lot shall automatically transfer the right to use; th-. Common Area ;without the neces- aity of expresa reference in the instrument of corveyance. There uhall be r.o judicial partition of the Comron Area. Each Owner, vhethor by deed, gift, devise or operation of law, for his own benefit and for the benafit of all other Owners, specifically teaivcs and abandorta all:.rights, Inter- *at$ and causes of action for judicial partition of any 'in- terest in the Comimon Area ano ages i'urther syLve Lhat: ran action for judicial partition shalt be instituted, pro4ecuL- ed or reduced to jud2nment. Ther ownership interests in the Common Area and Lots described in thin Articles are svb-ject to :the easements grante,a and r-served in this Declaration. Each of the easements reserved or granted herein shall be doegmed to be established upon the recordation of this Declnratidrr and shall thea-•cforth b,-! deemed to be covenants running with the land for t:hie us* and b+enstit of the owners anti theirLots 'cru-orle,r m., ^11 nther oncurcbranc_i app iea against or, in C. • :-r ;f-f An * portion of* the Project. 3.2 OWNERSSTP Or LOTS.* 'Title to each Lot in the _' _ - _-p��ect--nor"a�-ecansreye3--in'._f.ee__.ta�._an._i3mrnarrc,_ _.S.f ,a►ore,._tnan one person and/or entity come an undivided interest; in tht same UeL;, such persona and/or entities shall constitute one C#Vne r. 3.3 OWNERSHIP Or COMMON AREA AND `SCAT DOCKS3 Title to Lots A, B' and G en 6—sparce deatinat-ed ar "Priva:a Street" on the Map'; shall be conveyed in fee' by grant L1.1C ..-' L:i_ :,mat Books shall be conveyed by Bill of Sale,' and the Pedestrian Easement shall be conveyed by de^d of easement, all to the Asasoci ition and all prior to ur concurrently with the conveyance of the first List in the" Pra jest to an Owner. 3.4 OWNERSRIP 01P PARTY FGNCE3t Any fence orig- inally conatructt�ana- p 'ate upon a common lot boundary line shall be a "party fence'. Each `Own4r of a'Lot upon which a party fence is situated shall own to the center of the 'party fence. 3.5 P.ASrMrVTS: ' In3ivLoin: ?rant'' deeds to Lots ray, but shaf not be 'requirt-d to, Rc-t 'forth the easements specified in this ,Article,: Urrlf 4,;APIM 7 7 j p Af749.hIIt AI 14h 3.1 Oil 26ypV7 M 4>t' 1"A.t W Air FI.1 A4 Ai`rl.'C CMI II i Ai fi 4,4hIAMY. at hv(1k€ 3446 k61373 3.S.1 Easements On Mpt" The Common Area and Lots are subject to the'-easements and rights of way shown on the mop. 3.5.3 Easements For Common Areas Every Owner shall have a non- usirve rISht ant '+easement of use and sets- jo-hent in and to the Common 'Area which shall :.be appurtenant to .lsnd shall pass with thr. Utl'e to. every Lot, subj,.:ct to the' followin3 ,provision.;t (a) The right of the Board, after Notice aad Hesr'ing, .to suspend an "Owner's right to -`usn any recra- ational fhcilitiest and (b) Thr right of the Association to ded- icate and/or grant eAsements over all or any portion of the t s 3.5.3 Utilities t Taere are raise-vett and granted for the ane It of each Jot, as dominant trinement, over, under, across and through the Project ('including the Common Area and each other Lot, 'jointly), as the ser..ient tt;nement,r non-exclusive eaaements for utility services. 3.5.4 Encroachments There are reserved and granted for `he ;.c,n--fit 7 h; Lot, as dominant tene.aent. over, under and across each other Lrt ana the Common Area' as servient tenements, anJ for the nenef it of the Common Area, as dominant tenement, over, under and across each Lot, assent, support,' occupancy and use of !such portions of Lots and/or Common Area as sh�;.t be ---nrrai'checl upon, ticted and oc- cupied by the,', dominant 't.Rnement an a result of any,'origs.nnl constriction aesign,' accretion,, ecosion, ' .addition, deteri dation, decay, errors in - original construction, movement, settle"nt, shitting or .: ::,:.id€nce of any building or struc- ture or any portion th-r-of, or any other caune. In the event any ,portion of the Prr,ject is partially :ir Ltotally de- stroyed, the encroachmeic easement' :shall exist for any rj - placement structure which is rebuilt pursuant to the original 'confstructi(,n design. The easement for maintenance of the encroaching Improvement shall exist for as long as the encroachment exists;" provided,' however, ;.that no valid eas+pment for encroachment shall he creattl due to the will- ful aiSVOOduct° Of the Association or any Owner. hay case- went for encroachment may but need not be curet) by repair or restoration of the rstru`ru'r+. 3.5.5 support,_ Maintenance and Reprir: There Is hereby reservedgrant-et a non-exclusive easement ap- purtenant to the Common Ar ya and to all other Lots, an dom- [rM f,t SAPMD iit a.Vf1{U!All ya M♦:i t,4'Kr {I YS! `. 3.2 07/21/86.. V. SA`alt is-.t{I t,{)R'a:.4 it.w Nt PST J. 0091344beitt 374 inant tenements, through each Lot and the .Common Arra, as servient tenements, Eur the support, maintenance and repair of the Common Area and all Lots. 3.5.6 Additional Easements: Notwithstanding anything exprerse�"` :sr; LmpTiZ.-J ` Eo the. contrary, this Declaration shall be subject to All easements grantedby Declarant for the instdix ration and maintenance of utilities and.drainago facilities necedaary for the development of the Project. 3.5.7 Association''a Easements: There are hereuy reserved too the , Asaociat on armU�Tts duly authotixesi agents and represent3tives such easements as are recersaary to perform the duties and obligations of the Association' set forth in the Project Documents including without limitation r. .tr �., !.7. I­hA right- tri Anter '_inn lJots. 3.5.8 Party Fences t Each Owner of a Lot con- taining a party-" the Lot upon which such party fence is located shall have a reciprocal non-exclusive ease- ment over and at-togs such portions of the contiguous Lot as is necessary to maintain such rence. 3.6 ASSIG14MFNTS OF BOAT DOCKS: Concurrently with the conveyanc,- R a 1 t By �tseclairtM.. to a purchaser, the Board shall irrevocably,, assign one (1) boat Dock to each Lot for the exclusive use, posse-sion ,and enjoyment of the I Owners of that Lot and the.Lr invitees. once an assignment is ►na"de _sltered- without the consent. of ` t:l affected . Ownwrs. An Owner stta3l" be>" enrit'1sd-to_..rent "or lease his Boat Dock at arty time to any person(s} or entity as long as thea ryntal or leasing ac,reement provides Lhat: (a) there is a written rental or lease :agreement specifying that (t) the tenant shall' be subject to all provisions of the Project; [k�cuments and (ii) a failure' to comply with any provision of the Project Documents shall ` c,onttitute a default under the ,.agreewentf: and (b) the Owner; gives notice of the tenancy to the Board and has otherwise complied with the terms of the Project Documental and (c) the owner gives each Tenant a copy of all applicable provisions of the Project Documents. sxrTU m►SAMO hat\l ti r#,r t4l rk W`AAA. Is I I SIM i 1 E BUOL 1344611i,1375 ARTICLE IV USES AND RESTRICTIONS 4.1 USE AND OCCUPANCY ar LOTS AND RCBIDENCESt each Residence, s at�l be use3 aoTeiy o re�dent pur- poses., No ether use is allowed ezcppt as specifically per tatted by Io-,alordinance. No Residence shall he permanently occupied by any more than twn (2), persons par b+�dro=•;m. No Owner may ,permit or c. seg anything t be done or kept upon, in or about his, *,.it -hich might 'ubstruct or intert': r,- with the rights of other" ownrra or which would be noxious, harmful or unreasonably offensive to other Owners. tach timer shall comply with all of the requirements of all .10.1 and all 'lava, otdinancles, rules and regulations applicable to hi Wt and lieesi'dence', 4.2 RENtTAL OF RESIDSHCESt An Owner .;hall be enti- tled nti-t ed to rent or leasee h' a Ree Bence, if' 4.2.1 There is a written rental or lease agree- ment specifying that (i l the tenant :shall be sub jet 't1* all provisions o�* tltw' Project Documents and (ii') a failu'a to comply with any', provia l'on` of the Project Documents' shall: constitu't- 3' default under the ageeement7 4..2.2 The porind` of ' the rental or lease is not 4 .2.1 The towner gives notice of the tonan.;y to the ,'ural And ban otherwise complied with the terms of the Project Documents) and 4.2.4 The Owner gives each tenant a copy of the Project D4>cum•-ntss. 4 3 ANIPM A An Owner may keep two (2) dogs-, cats or other cus'tuuuarf ly uncageed household gets within his Mt. Each Owner may also maintain % .reasonable number of small'' caged animals, birds or f:sh. The Rules may increase the number and typeof animals which may be kept. The Board`' shall specifically have the right to prohibit the ma nten- a cc of any pot which, after Rot ce and Hearing, is found to be a nuisance: to other .;Own'erre 4 A i4 USE or. t'�?MMOR ARV• AJ I 5446 -s,� r•-moron Area is subject to the Rules. `ftter;shall' ba no use of the :uwt::on= Area except.' by Ownerr and their invitees.; All persons re- siding within e-siding 'within the Pv)jec.t may enjoy the use of N11 facil- ities in the Common Area n:, long as theyabide by the terms: trM.r a SAPM o AM*W11 Al t Mt wIx=ae a1xIKY 9 fit 111 4.1 07/21/86 MIXI4J1'M t1tl4# fAClk+�+a..... 14M ARM, of the ' Project Documents. 'There sh411 be no obstruction of � anypart of the Common Area. Nothing mall be storedor kept in the Common Area without the,prior: consent of the Board. No alterations or additions 'to Common Area '-hall be permitted without the approval of the Boar«?. Nothing *hail be -done or kept in the Common Area which' will increase the rate of insurance on the ebmmon Area without the prior con- sent of the Board. No owner shaill, permit anything to= be done or kept in the Common Arta nr any other part of; the Project which might>>result in the cancellation of insurance! on any Lot or any part of the C6ftion area, which ,would in- tert'ere with rights of other Owners,,which :roul%'t be noxious, harmful or unreasonably offensive; to ether Owners or which would be in violation of any governmental statute, ordl- nand •, rule or regulation. No waste shall be committed in the Common Area. 1.5 PAitKINGs vehicles shall not be parked any- where in the Pro ect except wholly within garages, Parking Areas and *ideyards of Lots. All Parking Areas shall be used solely for Lae parking anis storage of motor ' vehicles used for personal transportption. No tra l.ler, camper, motorcycle, commercial vthicle, mobile home,,, ±ether recreational vehicle or any inoperable vehicle shall be parked or stored in ar.,• Parking' Area. An Owner ;may park one t13' boat and boat trailer within the siJeyard of his Lot as lona as it is behind a gate and screened from vier of the street. Garage doors steal. remain closed, except`when ;the garage_l use. No part of the Common Area stall be used for repair, cons trirEEian­ irr`'-rtut=mtruct-ion -of -any--- boat or any other item or thing except in an emergency. As lung as applicable ordinances and laws etre observed, they hoard may; zause che: removal of any vehicl.; which in in viuldt.ion' of this Declaration. '' 4.6 SZGNSs All signs displayed in the Project shall . be attractive and compatible with the design of the P::{,)jest and shall comply with all applicable local or- dinasnr-ea. She only signs of any kind w%ich may be displayed to the public view on or from any Lot or the Common ,Area in the Project shall be: as follows': 4.6.1 une tiI s'igrr of reasonable dimensions may be placed on a Lot advertising the Lot for sale or rents 4.6.2 Signs may be displayed uy Declarant on Coum-in Area or unsold Lots, as P-clarant deems appropriate, a&r rtlsiny Lots owned by Declarant for sale or rents` 4 .6.3 Appropriate signs may be displayed by the i,zsscsci&tsuir to identity the Projects 4 .6.4 Other signs, posters and notic,-s approved by the Board or specified in the Rules or in this [TTM A ShPt1TX3 ArM*%I Al I AIA M"'AMf rtY Yt �I Yti NeivnnrrnE.;,0It,W-41A 4.2 0it/2'5/86 Det laratIon may be fsposted in ' locations designate' by the Boards and 4.6.5 Signs required by legal proceedings may be � displayed. e 4.7 STORAGE OF WAST,, MATi:kTAL5: All garbage, trash and accesmuTateJJwaste mater= hall be placed in ap- propriate covered trash containers which: may be placed on Common Area: or where visible :)n!7 .sn Lhr clay of the week that ;Dick-up is to occu=r. 4.8 ANTENNAS t Vxcept for those: erected or con- structed by Declarant or installed by a licensed public or quasi-public, itt!2 f by or ec,abl-. fzra ..zh:;.v or w;suws_ erection or he Board, no outside television construction is approved by t antenna, microwave or satellite dish, aerial or radio tower or any othAr such device shall oe erected, constructed or placedonany Lot 4,.9 INVITEESs Each Owner shall b^ --onnsible f-ir caiaplinncr tE the provisions of the Pro j;zt Documents by his Invitees. An Owner shall promptly pay ;any Reimbursement Assessment levied and/or any fine or nanslty imposed Aaainst such Owner for violations committed by his Invitee. 4.10 RESTRICTION ON BUSTN&Sst No business of any or constr=icted in any portion of the Project, except the business of Declarant in completing the development and sale of the L-Its in the Project And except au may be pprmitLed by local ordinance: 4.11 MINhNAL EXPid7R?r1TION: No Lot shall oe used to t:xploce far Ur to remove any water, oil, hydrocitrbois or minerals of any kind without the approval of the P,aard and onl.­ it permitted<< by local ordinances. 4.12 MACHINERY AND BQl9IFMEN'Tt No machinery or equipment any kl_U shill he maintained or „penrated upcaa any Loc exempt as is customary and necessary in connection with approved construction without the approval of the Board„ tmu&5Are.rro . 4,,actx-ot .,,},i, 4.3 07/21/86 }..:.slim, Ii+•+�i♦.i,w.:.. ' a1y..e art ARTICLE V IMPROVEMENTS 5.1 MAINT€NANCt OF COMMON A.RLAt Pxcapt as provided in dectlon 5.2.3,below, the a'saociation $hall be responsible for maintenance, repair, replacement, painting and upkeep of Common Area. Tne Association $hall- keep the 'Common' Area and Improvements thereon in good condition and tepair,, provide for all necossary services and cavae all acts to be done which may be necessary or proper to 'assure the maintenance of the Common Area in first class condition. 5.2 AL'T'ERATIONS TO COMMON AREA. 5.2.1 rc�v.. .I Except as provided in nCtirrt� 5.7..3, . r0o nnly th. :Ast%nciarion .0all cons:ttuct. reconstruct, refinish or alter any improvement situatedupon the Common' Area. A proposal for any construction of or al teratinn, maintenance or repair to an Improvement awy be made at any meeting. A' proposal may ;,be adopted by the board,; subject to the limit -ions contained an the Lyiawas. 5.2.2 Fundingi Expenditures for .a lterati ons, maintenance or regaa.rs to an existing capital improvement for which a reserve has been 'collected shall be mane from the Reserve Account. The Board may levy a Spe-cial Ass"sment to fund any construction:, alteration, repair or maintenance of an Improvement for which no re-,i+rve has been cc:lected or if the Reserve Account :e insufficient to cover th e--c�ovt--of th-r--propbsed _rmpravat nt;- ---- 5.2.3 Installation and Maintenance ref Hydro_hoistai Earl Owner wh: has an exclusive right to use a particular Haat Docx may', install And maintain a hydrohoist c_ the dock adjacent to his boat slip without the approv4l of the Board, if and only i, all of the fallowing requirements are and continue to be satisfied: (a) The width of the hydrohoist may not exceed:eleven (il) feet's (b) All costs of installation, taaintenance', repair and replacement of the hydrohoist are borne by the Own e r (c) The hydrohoist is installed in a proper and workm alike manner with nriniraal interference with the rights of tither Ownersa' urate it snrsmo 5.1 AM*?*T% f.w - « C 379 1d) Any damage Jonite to the Boat Dock as a result of the installation, maintenance, repair, replacement ana/OC Op,&-Lati0n, Or the hydrohuist Is immediately riapairetd by the owner without cost to other owners or th* Association? if, at any time, an Owr,rr failb to comply with any of the foregoing requirements, the AstiociatLon may, at its option and after Notice and Hearing, (L) require the Nner to remove tne hydrohoito (ii) remove the nydrohoist and assess the Ownar for the costs of removal and restoration of the affected Common Area, or WL) perform any necessary work and assess the costs therewf to the Owner. Any;. custs asaesseJ against an owner pursuant to chit Para;raph shall be assessed as a Reimbursement Asbattiament. If the A43ociAtion eleits to perform the WOZ & and assess the cc :ts theraot As a Reimbursement Assessment and the Owner tails to promptiy pay the assessment, the Association may tnen remove nr aequire the Owner Lo remove the nydroncist. 5.3 MAINTENANCE OF LOTS AND RESIDENCES: Each Owner shall ;axn a n and—,are-7—or hip ot -We`sDYe—nFe and all Improvement* locate,' In hio Lot in a manner consistent with the standards established by the Project Documents and other first clasx residential subdiviiiiions, in the C.:)unty. Special architectural design sLandards may be established in the 5.4 ALTERATIONS TO LOTS AND RF.qrDENCESt Owne-r-s-u Owners may alter or remodel the interiors of —Uilr Residences, if the alteratinns do not impair the bitructa. sl integrity of the Residence ane it the ti,-iier compl.Las with all las..: a z.-, VILilitianoes' regarding alterations and remodeling., Any proposals. for alterati�,ns, additions or other Improvements V:i the exteriors of Residenc-so and/or Lnta shall be made in accordance with the provisions of hrticle XI. Thc- costs of any alteration or addition shall tie paid by the owner who has ocitained the approval. 5.2.4 Alterations Initiated X District: Parsiant to the documenc enr7tled -,Sv4ina�nts and Relemse and Indemnification" (*Agreement I ) recorded on May, 15, 1986, as Recorders" Series No. 86-73961 , in the Official Records of the County, certain rights and dut-ies pertaining to the use and maintenance of liots I through 2,1 , inclusive, and Lot& A, 8: and G were imposed on the Owners of those Lott in condideration for Recla.aati-in Difttrict No. 800'1. approval to construct ano maintain tnic 8S-oat uoc xs. heCaU$e tnV V[CeAL Docks are owned by tne Association zor the use and benerit kA klttittl UME is SAMM At 1 44% .4 IX k, ,01L.1 Ad III Ni 1,AIW*l%*Ilk k AIMORMA 12/16/86 ........... 14 6 3150 of all owners t.t tilt Prt it, , the As4cj,;i...t2Ean here.;y asiumcB all ob1'tgations ;.'hat srN or :st:ty,,b% tr"posea 5y the Dt,trict on any one or tnjury o 1L he Owners under the Agreement, ', tnciuding rentorinq hIV a,t-t which a:, uamaged as a ret-at of the por'Lormar,t c ue ..1y .16LY LMPU.ei 4f Lite DLmtt tt•c _neer tale hgreemet,t or pet .ormea by the Dtas:rlct pursuant to the Agreement. The Asb«c1 sc'.on shall inut:mnxfy, dererntl and hold E each Owner of Loc.. i Lttrtau4.. r4, incluate:-, har t.!ess from 1 and against all cu:ts it,ra it-:abtitctt:a aasoc:iatera ' with ` the Ag eemen . two Owner "shall taKe or fail to '"take any action that will interferewith or prohibit the Association from ' discharging its obligat.oras ander the Aga eemcn'- which arc imposed or the association by virtue of this :;action 5.4.3. Any Owner who is contacted; by the District 'pursuant to the Agreement, either verbally or 'in writing, shrill immediately note ry the k'res Loten c oL the nafsuei.S L Lun. 5.5 MAINTPICANCCE AND RvVAIR OF PARTY PENCES: The Cw-.: of_;a party fence s`t;.zl Pse reaporns ble fae maint in- ing, repairing and replacing it. The costs of such mainten- ance, repair and/or replacement shhtl `be shares] squally by the Ownars; provided, howevr.r,' thar all costs of any main- tenance, repair or replacement necessitated by .he n�gli'gent or w.11ful action of an Owner shall 'bp borne by that Owner. In the absence of negligent or willful conduct, any ;v-ces- sary maintenance, repair or replazement performed by an Owner shall entitle that Owner to a right of ct*ntribution from the other Owners of the party fence. .. The right of con- trlbLtion shall be ppurtenant to the Lot and shall pass to th��_._Ru r r5r:{s.l..._in " -_titer` s* ._of --ktie - biinem i eitted to contribution. 5.6 LANDSCAPINGs All landscaping in the Project afir~, I bA maintaa.ned and cared for in a manner consistent with the standards of design and quality as originally es- Lablished by Declarant and ir. a condition comparabl'c to that of other first cixas residential subdivisions in the City. Specific restrictions on landscaping may be established in the Rulers . All laendecaping shall be maintained in a /teat and, orderly condition. Any weeds or diseased or dead lawn,- trees, ground cover or sbruL•vety shall be remov-d and te:- placed. All lawn arena shall be neatly mowed and trees and shr„abs shall be neatly trimmed: 5.6.1 Common Area: The Associai.ion shall be responsible for a endscn�g located on Common Area. : .6.3 Lotus Each sawner shall be responsible for all landscaping ocated within his^ Lot`. If lanttscaping,, within Lotz is . not installed' by Declarant, each (hitter st,ali Install, plant and complete perman{nt landscaping within ;his incur a smtrro kM'XWA—t7 EAM' M;X+Hl t:C**1 11T1 1.1 *%Af'N 14011.t ft SIYSRMA .411..4 Try 5.3 12/16/86 [ Bir 3446nGE 1 Lot within four (41 months after the close of escrow for the sale of the Lot to the owner. 5.7 RIGHT •)F MAINTENANCE AND ENTRY BY ASSOCIATIONt If an ow;7;ir ea to perform maintenance an or repair which he is obligated to perform pursuant to `.k his Declaration, and if the Board determines, after Notice and Rearing given pursuant to the provisions of the Bylaws. that such maintenance and/or r .pair is necessary to preserver the attractiveness, quality, nature and/or value of the Project, the Board may perform such maintenance and/or repair. The costs of such maintenance and/or repair shall be charged to the Owner of the Lot ars a Reimbursement Assessment. In order to effe:tuate the provisions of 1?tnA�rA may ontpr any Residence or Lotwhenever r,kl'y ;i^ nre:raq,ary in c,rnection with the „performance of any maintenance or ro[estruction wt.:ib the Hoard is authorized to , iJc-`.ake. Rkztry 4hali ba maue with as little Inconvenien-q to an owner 39 practicable and only after reasonable advance written notice of not leas than forty-eight (4") hours, except in emergency situations.' 5.8 DARAGE AND D>r$TRUCTION! The tern "restore* snall :near repairing, reb�vil ng or reconstructing damaged Common Area to substantially the same condition in which it existed prior to Eire or other casualty damage, with each Improvement, to the extent possible, having the same verb- cal_.._a.nc�.__la+xri=gn��l boundars_s, appearance and location :as bcfor'e. _5.8.1 Contract�iia3 to Restores if fire or other casualty du[nage"extends to any Common Area which is so insured, the Association shall ,proceed with the filing and adjustment of all claims arising under the existing in— surance policies. The insurance proceeds !shall be ,paid to and held .by the Association'. The Board shall obtain ni!ch bids from reunonsible licensed contractors to restore the Common Area as the Board deemq reas-inable and, if the total funds' avalaole without_ a vote of Members, as',deacr'ibed in Sec.-ion 5.8.2, is suffirscrit to rpwt.nre the da."npd Commpn Ar-a,.. the Rnar3, on b,,half of the'-Association, shctl1 con- tract with the contractor whose bid the Board deems to be the most reAsonablw. The convractor 'shall, provide a `°.c:omple- tion bond naming the Assoc. tion and each affected Owner as beneficiaries. If the n-urance proceeds exceed the costa or restoration, the excess proceeds shall be p^id to the Reserve Account and held for the Lenefit of the Association. 5.8.2 Priority in Lisa of Funis: The costs of reut,oration of Cormon ,.ea Miall 'ho>s�unas%d first hV any in- surance proceeds;, paid to the Association under existing in- U T U a SAPUrt7 [ w 5.4 12/16/86 r ` i ' 1447: "446,)rt 382 Lurance policies and than by any Reserve Account funds ties ynateJ ror the repair or replacement of ty- capital improvement which has been damaged. If the aggregate amount of funds is still insufficient to pay the total coats of restoratkon, a Sr-tial Assessment against All owners shall be leviedby the 14o-ird up.to the maximum permitted without a v-te of the Members in accordance with the limitations set forth in the Bylaws. 5.8.3 Insufficient rundsi if the total funds available' to redtore tie common Area pursuant to Si ::tion 5.8.2 is insufficient to restore the Common Azea, then a special meeting of the Members shr 1 be called for the pur- pose of voting whether to impose an additional Special Assessment and 'dectd ncg upon the amount thereof. -he Soard t.,t.``1 ♦#. ,.. .w+n+rx._.} f„r *ho: r„Rtoration of the Common Area as described above, ,making use of whatever funds are then available to it. 5.9 CONGFMNA'TION OF COMMON AREkt If all or any portion of the Common Area Ts 'taken-Tor ,any public or quasi- public use under any statute, by right of eminent domain'' or by purchase in lieu of eminent domain, the entire award shall be depot:'tfd inty the Current Opera`-ion Acccunt until dintrihuted. The Association shall distribute such funds proportionately to all Owners as their interests appea according to the respective fair market values of their Lots at the Litre of condemnation, as, determined by an independent ap-pa.isAt made' ,by an independent real estate appraiser with 1 a lSeusbe, of tt;d APPraiaal InsLit ute citif3ati z►r `the , eguivalant, seUtcte,l by the Aoard. The Association shall reps-sant'the interests of _11 Owners. 5.10 DAMJV39 OR CCESS FtLtCTION TO RESIDENCES AND R � LOTS: If all or &;' P- . =s.on cf a Lot or Res-Bence is ! damaged by fire or other canualty, the Owner dhell either (i) restore the damaged Improvements or (€i) remove all � d^maged Improvement., including foundations, and leave the Lot in A clean and safe conditior. Any restoration unde. (i) preceding must be performed so that the Improvemont= are . In wnhstantially the' same , condition, in which they existe3 prior to the damage, unleAs the provisions of Article xt .,are complied with by the Owner. The owner must commence such work within Sixty (60) days after the damage occurs and must complete thb work within -ne (1) year thereafter. If the Ansocixr.ion hold'.a ,t blanket policy oproperty insurd,,:.a for ;asidenccs when tf he demngt occurs, the Association Phali ass€qn its rights undsr the policy to the owner whose Residence has been damaged. Such owner shall then be anti t'led to proceed' wi th the f j 1 i ng ,and adjustment of all claims a'rtsing relating to his Res:dence under the existing_ innurance policy. 'Thr in3uran,:e prnreeds shall be paid to tr2 Owner who %as suff,•red the damage. i rrn F!t SAPCJTpSS w,.%IV,At.A-, 14- 01/16/87 r; 1 344bvj+f 4 t L slEed when the Board approves the budget for that fiscal year. Regular Assessments shall be leviod on a fiscal year basis. unless otherwi:ge specified by the Board, Regular Asnessnts shall be dueand payable in monthly installments on the first day of exch'- month during the tern of this Declaration. Re-_, i lar Assessments shall c-mm?nce for all lots in the Project on the first day mf the fir4L vonth fol- ;'wirj the month in which the first' Lot in the Project is conveyed to An C'wner and may counence prior; to that date at the option of DecLarant 6.7 .2 Budotin : Regardless of th« numbor of Members or the amount o assets of the ,Association, each yea-- the Board shall prepare, approve and snake available to each Member a pro forma' operating statement' (bu&jet) con- taining: (i) estimated revenue and expensef. in an accrual 5 f4Y lu j .:i.r t a .i=+wuw v+ the .r r ... Associationcurrently available for replacement or major re-'' i pair of 'Common Area and for contirgencieel (iii ) an itemized estimate of the remaining life of, and the methods of fundr- ing to defray repair, replacement or additions to major components of the Common Area; and (iv) a general statement setting forth the procedures used by the Board in the caWcu_< lation an.i establishment cf reserves to defray the costs of repair, ;replacement or additions to major cl-mponents of; the; Common Area. With the exceptl.on of the operating ar, reserve costs for the parcel designated "Privet!% Street" on the Map, the total amount shall' be charged equally against all Lots as Regular Asseissacnts, subject to the limitations' Ebrt__!O.--the_.. _QY.1aw �_.'__ All_ 5�st nescrci tCd_with_ tit«!_' Private Street shall be assessed to �T.nts 1p through: 24, inclusive. For the first fiscal year, the budget shall be based upon the budget AcrOpted by the Department of Renal - ,Estate of the State of California and shall be approved by the board no later than the daite = on whirl► Regular' Assessments are scheduled to commence. Thereafter,, the Board shall annually prepare aAd' approve the budget and d1atribute a copy thereof to each member, together with written 'notice of the amount of the; Regular Assessment to be levied ,'against the owner's' Lot, not less than forty"-five (4(5) and not more than sixty i6(i) days prion to the beginning of the fiscal year. 7.3 Exam ter ions from Regular Assessmerite Notwithat ancaing the provisional oT Section a.2, eaCfs Uwner of a 'Let which satisfies one or both of the following two. exemptions shall: be entat ed to tin �xenptlon from the payment of a portion -.1f the Regular Assessement levied against«tnet Lot. LrrTU#SAP(7707 6.2 09!25185 \r1F:'w\411 Al tA% M l'ltt t{1e-T itff!!i f (�r 1 34 y sb,ria,i (a) Rea idencoff An Ownerof a Lot is exemia from payment of that ;..urtion of thf Regular." Assensment which' In allocated for defrayinq operating expenses and :reserves directly attributable to the existence And use of ;the Residence on his Lot until the first to occur of the following ovents: (i) a notice of completion of construction of the Reiidence has been recordedt (ii)' than Residence is occupied or -+herwise used; or (iii) the structural cbinpoAents of the.Residence which the Association' in ablig'at"d to maintain are complete. (b) Common Area: An towner of a Lot to exempt from payment of thni portion; of the Regular AXAesssnV,nt which is allocated` for defrayirct operating expenses and reserves directly attributable to'' the existence and use of a common facility (inciu:rting: landscaping) that is not complete at the time Regular Assessments commence until tie 111sr, to occur of tie uvziLDi i.'I a' :,vL1'cr cf completion of the common facility ix recordedt or (ii)' this common rxuility has been placed into use.; 6.2.4 Ron-Waiver ' of Assessments: If before` the expiration of any fiscal year theiAssocliation fails to:: fix Regular Asneagments for the next fiscal year, the Regular Assessnitnt established f*r the; preceding year shall continues until a new Regular A:sseRsment is fixes!. 6.3 SPECIAL ASAESSMEENTS: Subject to the limita- tions in the Bylaws, S 1 ..Rsessmentec' may be levied' in ddttior to Regular Assessments for ti) construction capital _. "Ir:iproe«rieritss,- Ckil co-rrecting-xn inadequacy. -in the.-Cur--rent Operation Account, (fil) de(raying, in whole or in part, the cost of any construction, rec nstrucLion# unexpected -pair or replacement of Improvements in the Common .rea; or r(iv) , haying for such ether : matter:, as the. Board may deem appropriate for the Project. Special Assessments shall be levied in the same man-et as Regular' Assessments. 6.4 REIMIBURSEMEWT ASSESSMENTS: The Association shall levy a Reimburseatent Assn;sment against any Owner and his Lot if a failure to comply with the Project nocum`mte has fi) necessitated an expenditure of monies by the Associmtion to brim the Owner or his Lot into compliance or tips resulted in the impositin-, of a fine nr' penalty. A RAimburssement Assessment shah be due and payable to the Association when levied. A Primbursement skssessmcnt shall not lx-- levied by the Association until Notice and Hearing has been ''given. Notwitha'tanAing any other provision in the Project Documents expressed :or implied to the contrary, . Rei-bureement Assessments' are assessments but they may not be enforced by any lien righty provided in this Declaration. ..rTTLF a It•PUl CI 6.3 08/25/86 3J t 34461`1{i#3 6 6.S ACCOUNTS t 6.5.1 T'.�Pes Of cr�untes Assessments rot- leete.1 y the Assocfa�on �be deposited Into at least two 12t separate accounts with a responsible financial institution, which accounts shall be clearly daaignated as (i) the Current operation Account and (£i ) the Reserve Account. The Board shall deposit thosr portivits o4 'tne assessor-nts collected for current .;r intenance and operation into the current Operation ;Account and shall deposit those portions of the assessments collected as °reserves for repl',acettlent and de-ferred maintenance of capital Improvemrenta , into the Reserve Account.'` 4 6.5.2 Reserve X► o;unti The Association shall pay out of the 'Res+eive recount only -hose coats that are at- LribUta!:I. _z the m=d n#:t-,~-c,a, r-nP4i r nr rpolacompnt of cap- ital Improvements for which reserves have been `.collected and held. No fonds collected foe' the Reserve Accuunt may be used for ordinary current maintenance and operation purposes 6.5.3 Current ;operation Account: All other costs may be paid r m the Current Operation Account 6.6 ENFORCEKENT Oen ASSZSSFWNTSs 6.6.1 Eatabl ishment of Lipn t Thr.-- is a present lien, wit pacer of sale,against etch Ln* to recurs Assew.iments) levied' against the Lot pursuant to this _ D-clar-Ation, all Witicnal Charges and all sums which ';bn- cumet due and pal*able in accordmnce with this beclAration af- ter the date of records--:on of a notice of assessment (*Notice*). Except for the transfer of a Lot pursuant to a foraclo>ure Proceeding, t:e tale or transfer of a Lot shall not affect such a lien. The. priority of ail assessment liens shall be in inverse order so Thar , upon furerclosurr_ of the lien for a rxrtioular assessment, any foreclosure sale will be subject to all assessment liens previot=sll levied on such Lot. Any lien recorded` shall be in favor of the Association. Each Owner, including Declaranr, 4ereby 'aap- points tate Association as his trustee' and ' empowers ,the Attsociation, as trustee, to enforce: the lien and to fors- close thu: lien =hy Vt. r- -t-e' power of sale provided in Section 1357 and in Divisi,- 111, Part !, Title XIV, Chapter 2, Article t of thr Civil Code of the State of CalifornLa as each may be revised, amended or altered from time tr, time, # or by judici,tl 'foreclosure. each owner further grants t8 the Association, an trustee, the power and authority to sell 1 I Lrrnl 6 SAl UTC) . •rte...-AS....' b.# 08/25/86 ...-..n. %.1 4.t�)r, nA3 +'i rifii.....4f lex+itl+1..M : 1 i 1i t back I WbIP12 387 the Lot of any defaulting owner to the highest bidder to satisfy such lien. Each Owner hereby waives the ! benefit of any homestead or exemption laws of this State of Californiot now or then in eff^ct regarding any lien created pursuant to this r)eclara'tion« 6.6.1 Lnforcement: In addition to -11 other remedies provide'3 y ' aw, tfre Association, or its authorire4 repreaentative, may enforce the obligations of the; owners to pay each assessment provided for in this Declaration ;,in any manner'provided by law or by, either or 'both of the following proceduresa a) 'EX Suitt The Association may m comence And maintain a aunt at law;against any Owner pyr- sonally obligated to 1. , a delinquent assessment. The suit snati tie marntainea in the none ot. the Association. Any j;udgmenL rendered' in any action shall include the.' amount of the delinquency, Additional Charges and any other amounts ns the court may award. A proceeding .to rpcov^r a judgment for unpaid assessments may be maintained without the necessity of foreclosing or waiving the lien established herein. (b) PI Lien: ' The Association may commence and maintain proceedin' s to foreclose the lian es- tablished herein. No action shall be brought to foreclose a " lien until n" Notice authorized by the Beard and signed by an .uthori zed argent thereof, or by any Owner if the Board fails or refuses to act, has bean recorded in the Official Records of_----the._.-Carr ty-an`d-a copy' of_ zd"Ncitie KES 644ii .de- livered to the O%mf:r(s) named in the Notice. The Notice shall state' the amount of the delinquent z—_sesssEent(a), the Additional Charges incurred to date, a de!`:ription of tho. 14t, the namets:) of the record Owner(s) thereof and the name and ,address of the trustee authorized by the Association, if any, to enforce the lien by sale, and shall be .signed by the President and Chief Financial C;fficer of the Association. Once {i) thirty: 00) days' )las elapsed since the recordation of the Notice And (ii) ',ten (ld ) days hrc clapksad .11ace the railing or delivtry of a copy of thee.recorded Notice to the Owner,'an action in the name` of the Association may then be commenced to foreclose the lien for the delinquent assessi- anent(!). The lien recorded shall continue for a period of one (1) year unless extended for a period: of. one (1)' addi- tional year by t',.e recording of a vrittex, extension by the fssot ieation.' when a Notice has been recorded, such assess- ment shall constitute at lien an each respe'ctite Lot prior and superior to all other liens, except- ;i) all taxes, bonds, assessments and other levies which, by lav, would be uri'n.E a SAPM a .M-NI,..1 tAIA 6«5 08/25/86 i i,x-k134461 JQ 388 superior thereto, and (ii ) the lien or charge of any First Mortgage. 6.6.3 Additiondl Charce_st In addition to any other amounts due or any ogler relief or remay obtained against an owner who is delinquent in the paymentof any as- sessments, each owner agrees to pay such additional costs, fees, charges and expet,Ji:urea (•Addit'ional Charges`) as the Association' say incur or levy in the process of collecting from "that Owner ;monies due and delinquent.' All !`d itional Charges shall be included' in any judgment in any suit or ac- tion 'hrought to `'enforce collection of delinquent' Assessments or may be levied against a Lot as a Reimbursement Assr.ssmant . Additional charges shall' include, but not be limited to, the following: (a) Attorneys' Feesr Reasonable at- torneys' fees and costa 1nFurred 7n—the event an attorney(sl is employed to ccllect any asspgsment `or sum due, Whether by suit or otherwise) (b) Lat++ _Charges- A late charge in an amounts to be fixe7f—y' turd 1 , accordance with cavil Cod-i `.Section 1166 to 'compensate the Association for addi- tional collection costs incurred in the event any assessment rind ,established by lax (c) Costs of Suits Costs of suit and court cosws incurred as aro', allwea-6y the court,, (dY InLere:t: Interest on the Additio^nl Charges at a >> rate fixed by the: Beard in accordance' with th+t'. then current "laws of the State of California; and (e) others Any +such:' other additional` costs that the Association ray incur in the process of collo.cting;, delinquent' assessments or sums. 6.6.9 ' Certificate of Satisfactiow of Liens Upon payment of a delinyuun_i aase-gament;or other sati s?_ac-- tion 'thereof, the Association shall; record s`. certificate stating the satisfaction and release of the assessment' lien 6.7 STATEMENT of 1►q."ESS14ENT LI'EN.* Within ten (1.0) days of a re lest from an owner li=me for assetsments, the Association shall furnish to that owner a written certif- icate signed by an officer or authorised agent of the Association stating the amount of any assessment and any Additional" Charges sec"red by', the lien upon his Lot. A L[ n.F a%Anna) 11 IMI 6.6., 08/25/86 it Y14 Ylla .?41►\f ...••y. A - vat 6tgZ charge, not to excAed the reasonable cont- of preparation and reproduction of the certificate] may be levied by the Board for thn issuance of such certificate. 6.8 SUBORDINATION OF LIEN, Notwithstanding any provision to the contrary, the liens for assessments created by this Declaration shall be subject and subordinate to and shall not affect the rights of the holder of a First Mortgage made in good faith and for value. Upon the fore- closure of any first Mortgage on a Lot. any lien for assessments which became due prior to such foreclosure shall beextinguishedl provided, however, that after such foreclo- sure theirs shall be a lien on the interest of the purchaser at the foreclosure sale to secure all assessments, whether Regular or Special, charged to asich Lot after the date of such foreclosure sale, which lien shall have the sacra effect and shalt be enforced in the same manner as pr-%vlded herein. For purposes o'f this Subsection, a Mortgage may be given in good faith or for value even though the Mortgagna has cos►- structfve cr actual knowledge of the assessment lien profi- :.0 larntic" ITTTLE k S&M7L 08/25/86 ♦i '++1/141114!4 V+l ++.�+4 a4vi cyn ell W41.y r akak Liu 7rll"4%+1!+4 p1�lK�J�W�Pt+�E ARTICLE VIZ NDMERSHIP IN THE ASSOCIATION 7.1 T'iis ORGANIZATION: The Association is a non- profit mutual be,efi t corporation. its affairs shall be governed by an.l it shall hive such powers ad are set forth in the Project Documents. 1.2 MEMBER$HIPs Eacis Owner (including Declarant for so long As D/ Grant is -in Owner), by virtue of being an Owner, shall be a Mrmher of the Association. No other per- son shall be acceptedas a Member. Association membership is appurtenant to an' may not be separated from the o4ner- ship of a Lot. Membership shall terminate upon termination of Lot ownership. nwner.Ahip of. A Lot shall be the sola vualificntion for Association membership. Membership shall not be transferred, pledged or alienated in any tray except upon tr_:.ufer of title to the Owner's Lot (and then unly .a the transferee of title to such Lot). Any attempt to make a prohibited transfer is void. The rights, duties, privileges and obligations of all Members shall be as provided in the Project Documents. 7.3 CLASSES OF MEMBERSHIPS Thp Association shall initially have two (IT) claasea of Members. 7.3.1 Class `A* Mesa`:-ret: Each Owner, except Declarant, shal.. rhe a Clxss A Member. 7.3.2 Class 'B. Members Declarant shall be .. th-e sole Clrsas 'B tttesibershi.ii -expire and shalk be converted to `'lass A member-ship on the first to occur of the following events: (a) When the total number of Class A votes equals the total number of Class B vutesi or (b) The date which is the second (2nd) anniversary of the original issuance of the Public Report for the Project. Lr 7`E A SAY= ATS+*4 5 AT 1 An ,.ow!1,.xr vin ,1, 7.1 n7/21/86 +w.ow -_ .� ......ww...�1ew.l./�.�• srf.v.w�l.� wet (,3446x39! ART'fCLE VIII rWELOPNEN'T RIGHTS 8.1 LrmrTATT^NS OF R'STRICTIONSt Declarant is un- dertrking the worry of devel�=ntng Lots and other Improvements within the Project. The completion of the development work and the marketing an9 sale, rental and other disposition of the Lott i:s essential: to th,_ establishment and we:_are of I the Project as a residentini community. In order that the j work my bq completed and the Project be establtshed as a fuliv occupied residential community ns rapidly as postlbl;e, nothing in this Declaration shall be interpreted to deny Declarant the rights set forth in this Article. A.2 R Tr.FM.R np 11'rV'q:4 % n ^1'Wx+r 9"Tr% na CONSTRUCTION: Until—the third (3rd} anniversary �of the originalissuance of a Public Report for the Project, Declarant, its contractors and subcontractors shall have the eight to: 8.1.1 Obtiin reasonable access over and across the Common Area of the Project and/or do within any Lot owned by it whatever is reasonable necessary or advisable in connection with the comploLlon of the Projectl and 8.2.2 Erect, construct and maintain on the Common Araa of the Project and/or within any Lot owned by it such structures as may be reasonably necessaiy for the conduct of J.1-d -businese_ .to_, _,completa. the_..work,.est 5lish_: tPro ject as r residentidl camunity and dispose of the Project in par- cels by sale, lease oa otherwise. 8.3 SIZE AND APPEARANCE OF PROTECT: Declarant shall not be ,prevented 'trom changing the exterior appearance of Common.Area structures, the landscaping or any other mat- ter directly or indirectly connected with the Project in any meaner deemed desirable by. Declarant, it Declarant obtains governmental consents required by law. 8.4 HARKE'rTNG RIGHTS: D-clarnnt shill have the right to: til maintain model homes, sales offices, stn!rage areas and related facilities in any unsold Lots or Common Area within the Project as aru necessary or reasonable, in the opinion of Declarant, for the sale or disposition of the Lotal (ii) rake reasonable use of the Commaon Area and facilities for the sale of Lots, and (iii) conduct its business of di,s?osing of Lots by sale, lease or otherwise. 8.5 AMENDMENT: . After the expiration of Claes B membership, the provisions of tr"s Article may not be amend- s urn.Fs:norm At 1,9%I-..41 i%.. Mvt c..9'.t .+n S.1 07/21/86 bAt!t{'1t�l,t tai 1H Y1`.t�.ay a�•;�j 3446 Wi ed without the consent of Declarant until either til all of the Lots in the Project owns! by Declarant have been sold or (ii) three Fal y ars after the original issuance of the Public Report for the Project, whichever occurs first. t i cent.snruro 'Tr,tlut l•.-if lex •,X a:ta'n -A.n „ 8.2 07/21/86 Wu\I'itCfit tHnKY\I4.4.4 j t BOA 34451'!.f 393 ARTICLE IX aIGNTS OF MORTGAGEES 9.1 coNrLICT: Notwithstanding any contrary provi- sion contained Irl 3whern in the Project Documents, the pro v1sione of this A,rLicle shall ^ontrol with r{aspect to the right., and obligations o`_ institutional MbrL3ac e!J SI)Ccified herein. 9,2 LIABILITY FOR UNPAID ASSESSMTS t Any Institution& 'MorLgayee who o tains Litle to n Lot pursuant to the remedies provifled in the First Mortgage (except upon a voluntary conveyance to the Institutional Mortgagee) or by foreclosure of the First Mortgage shall take the property free of any claims for unpaid assessments or charges against ..a•. 4s.aLh riw++rtic 3:+at+J1 Lo hitt.. n4`CjUtylLion OL title to the Lot by the Institutional Mortgagee. 9.3 PA:°MElI'i` OF TAXES AND INSURANGEs Institutionil Mor'tgageei— may, aintly oFaingty r pay taxes or other chargees -hich are in default and which may or have become a charge against any Common Area or Improvements thereon and may pay overdue premiums on hazard insurance policies or secure new hazard insurxnco coverage on the lapse of a policy for such Common Area. Institutional Mortgagees inaking such payment3 shall be owed `;_mediate re- imbursement for such exnenditurws from the Association and, on demand, the A3sociation shall execute An agreement'. in fa- vor of all Institutional Mortgagees r^fleeting entitlement to re tabursement. 9.4 TERMliat►TroN of CONTRACTS MW AGREEMENTS: Any agreement. Lar prcprcEess' onxl managementof the Proect or any agreement providing -fnr services of Declarant shall be for a term riot to exceed one (1) year without the consent of fifty-rine Percent (511) of each class of Membersl provided, hcweve , that in no event shall such an agreement exceed a term of three f3? year: . Any Lich agreement shall provide that the :agreement may be terminated by either party v thout cause and without payment of a termination fee upon not moK- than ninet.v (90) days written notice. 9.5 NOTICES TO ELIGIBLE POLDERS: The Association shall prow de timeTy written not c''—o each of the following events to each Eligible Roldert 9.5.1 Any condemnation loss or casualty loss whir's affects either a material portion of the Project or tate Lc*t on whirr the Eligible Holder holds a First Mortgagee Lrr rU A.sAn= nrnv Vt1♦Al I Nt V 1 9.1 07/21/86 t.(„K•AI!'t. .1t 111 tt M W%l fAii4 tAt iii**A rtA N!.. 134460!4 J-94 9.5.2 Any delinquency in the payment of asness- ments or chargees owed, by the Owner of a Lot which is subject to a First Mortgage held by the Eligible Holder if the do - lfnguency is not cured within sixty (60) days after its due date; 4.5.3 Any lapse, cancellation or material ,nodifi cation-of any insurance policy or fidelity bond mai'n'tained' by the Associations 9.5,4 Any proposal to take any action npecified in this Article or in Section 10.1.2= or 9.5.5 Any-default by an Owner-mortgagor of a Lot in the performance of his obiigattnne under this Declaration or the Bylaws which is not cured within sixty (60') days. 9.6 RESERVE FEWDi The Association shall maintain as reservelunan the Reser•re Account which shall be suffi- cient to pay for maintenance, repair and periodic replace- ment of, Common Area Improvements which the Association is obligated to maintain. This reserve fund shall be funded by Regular Assessments of Owners which are payable in install- ments, as specified in Sect'on 6.2 hereof, rather than by Special Assessments; provIO gid, however, that this prevision shall not be deemed to limit the power of the Association to Levy any other type of assessment or charge authorized by this Declaration. 9.7 INSPECTION OF BOOKS AND RECORDS. Upon re- gu+� Yrrhet -or-:V1 Mortgagee- sh� -be en-titled to -n _ spdct the books, rpt-nrds and financial statements of the Association, the project Documents and xny amendments C„ere- to during normal business hours or under ether reasonable circumstances. 1..8 FINANCIAL STATEMENTS- The Association, at its expense, shall prepare an audited financial statement for the immediately preceding fiscal year and furnish the same viEhin one hundred twenty (12'0) 'days after written request from any Institutional`Mortgagee. _ 9.4 VCTING RIGHTS OF MORTGAGEES: For purposes of this Section; a Mort-jagee ssralI be entitled to one (1) vote for each Lot encumbered by a First Mortgage owned by that Mortgagee. 9.9.1 Unless sixty-raven (671) of the Institutional Mor'tgagpes or sixty-seven percent (671) of the L-rrU 4 SAPLfCC7 ♦TTGRWIV 4T.l All ..IY An tti-C stv.m, 9.2 07/21/86 t41V 4!61O r Owners other than Declarant -have given their prier written approval, the Association shalt not be entitled tot (a) By act or omission to Abandon, par- tition, subdivide, encumber, sell or transfer any property or Improvements owned, directly or indirectly, by the Association for the benefit of the Lots and the Owners;. (The granting of* easements for public utilities or for other public Purposes consistent with the intended use )f the property by the Association and owners shall not be deemed a transfer within the meaning of this Subsections (b) By act or omission change, waive or abandon :sny *; _heme of regulations, or enforcement thereof, pertasn,ing to architectural design or exterior appearance of Lots, the exterior iintena:nce of Lots, the maintenance of party walls, party fent.os or party driveways, or the upkeep ­>f lawns, plantings or other landscapinn in the Project; (c) Fail to maintain fire and extended coverage insurance on insurable portions of the Common Area .on n cu.c-ant ,replacemer.= cost basis in an amount not less than one hrndred percent (1001) of the insurable value based � on current replacement cost? (d) Use hazard insurance, proceeds for losses to any property or improvemcnts owned by the Association otner than for the repair, replacement or: recon- f struction of the property and improvements. 9.9.2 Any election to terminate the legal sta- tus of the Project as a Planned Development Project shall requires (a) The a-rproval of fifty-one percent ;51t) of the Eligible 'Solders, if the election to ter'ninate the legal stratus is a ree-11: of substantial destruction or a substantial taking in condemn.i i:on of the property within the Projects or w (b) The approval of sixty-maven percent 1671) of the total voting' mow-- of the Association and sixty-seven percent (671) of the Eiigible Holders. 9.9.3 The vote or written consent of sixty- seven percent (6711of the total voting power of toe Association and fifty-one parcent (511) of the El-igible Holders shall be required' to assume self-management of the Project,, if professional management of time Project has been required by an Eligible Holder at any time. UTTU swPrt O 4rtl*R Mt 4t i MN f»oArrrtxst �rTr +r 9 .3 07/21/86 415,"1 1W «. .,.... AV: boot 13446PjrA396 9.10 MORTGAGI PROTEC"PIOHs A breach of any, of the conditions cont+= ned in tr zs vlaration shAll not defeat or ronder invalid the lien of any First Mortgage made in good faith and for value as to any Lot in the Projretj provided however that the conditions:contained in this Declaration *hall be binding upon and effective against Any Owner c a Lot if the Lut is acquired by fureclo:surm-, tcJstee's sale or otherwise. i urru t SAmurro A"EV" At i At% »q�kn{t„1t.4ni .t, 9.4 07/21/86 AM W"5 arm i At ilt*,.'I 1t1MI ulll" t v44brju397 A.R".'.'.CLE x AMENDMENT AND ENFORCEMENT 10.1 AMENDMENTSt Prior to the conveyance of the firm Lot, any Pro ect Document may be aAaendal by Declarant +clone. After the con vance of the first Lot, the Project Documents may be amended n accordance with the following provisions: 10.1.1 With respect to any actions to be t_.en under this Section 10.1 which is also governed by provisions of Article TX that require ar ,specified, vote of Owners and/or Nor'tgagee-s, the require►menu-of Article TX must he satisfied {n. �+@:';i p.{nr }n ihn .Y i rarw •.F. a.:� n.a o�;� :.�. w. 10.1.2 The vote or =iritten consent of sixty- seven percent (671) of each class of Members and fifty- one percent (51%) of the Eligible holders, based on one (1) votes for each Lot encumbered by a First Mortgage owned bi that mortgagee, shall be required to amend any provision of this DQclaration or the Bylaws which establish—, provides for, governs or regulates any of the fallowing subjects: (a) 'Voting rights) (b) Assessments, Assessment liens or subordination of assevsment lienal -°.(-c-) ---Reserves—for mainttnance;- vepair Arid replacement of Common Areal (d) lisurnncq policies cr fidelity bond:; (e) Rights to use the Common Areal i (f) Responsibilities for maintenance and repair of any portion of the Project; (q) Thai botindAr4?c (h) The interest of an owner in Common Area; (i) Convertibility of Lots is.to Common Area or of Common Area into Lots; (ji Leasing of Lots; iJT7t F i,sA!"Ir0' . ptAn-t Rt stAn%I.1 10.1 sZ7/2i/85 II l cu,6� �f b i1Gt (k) imposition of any ririht of first re- fusal or simile- restriction on the rignt of an Owner to sell, transfer or otherwise convey his Lotf (1) The provisions of Section 6.8, Article ZX and this SecLion 10.1.2. Any amendment or addition to rhP Declaration or Bylaws re- garding any of the foredoing subjects shall not be consid- ero.d m.iterial and need not be approved by Eligible Holders if the amendment or addition is solely for the purposes of correcting technical errors or for clarification. A.*iy Prnl o-r who f^('!gives A wLitte.r request to approve an addition or amendment and who dots not deliver or have its response postmarks-d w°thin thirty (30} day¢ of the dt,te con- tained within the written request shall be deemed to approve the addition or amendment. All notices or other communica- tions made pursuant hereto shall be in Writing and shall be deemed properly deliver-jv, given of served when (i} person- ally delivered againSL receinted copy: or (ii) mailed by certified or registered mail, postage prepaid, in either case ('i) or (ii) to the parties at ths;r last known address. 10.1.3 Other Provisions ._f neclaraLionz Any other provision ok'this I)ec aration may bamended by the vote or written consent of record Owners constituting -- .. nevent,y-five _percent (751) of each class of members. 10.1.4 Reccrdation of Amendments Any amend- ment shall be ef£ecti't,e upon the rico ion in the Official Records of the County of an instrument setting forth the teras of the amendment and a sta tx. ment executed by the Pr+esidert and Secretary of the Association whxcn certifies that the required percentage of Owners have apprived the amendment. 1:0.2 ENPORCEMENTc 10.2.1 Rights to Enforce: The Association and/or any owner shall have the '`power to enforce the provi- sions of they Project Documents in any manner provided iry law or in equity and in any manner provided in this �.claration. The Association may' institute appropriate legal action, ss:#ianend an 4ner's use of the recreation facilities or his voting rights fora period not to exceed thirty (30) days and.,/or levy a fine against an Owner in a .standard amount to b determined by the Board from time to time; provided, however, that Reimbursement Assessments are not enforceable- by any lien provisions of this r. eclaration. No determinationof whether: a violation has occurred shall be made until Notiwe and Hearing has been provided to the Owner. In the event legal action is institute, by the urrt>`, SAM;TO k,,: . 10,2 07/21/86 Association., any judgment rendered shall include all appropriate 'Additional Charges. Notwithstanding anything to the contrary containo4d in this Declaration,, the Association :shall not have the power to cause a rorCeiture or abridgement of an Owner"s right to the full use and enjoyment of his .ndividually owner! Lot, including access thereto over and across thn Common Area, due to the Owner's failure to comply with the provisions of the i,roject Documents, unless the loss or Corleiture to the result of the judgment of a court, an arbitration decision, a foreclosure proceeding or a sale conducted pursuant to this Declaration; The provisions- of this Declaration shall be equitable servitudes-, enforceable by any Owner anis/or tha Association against the Association and/or any other owner, tenant or occupant of the Project. Except a:: otherwise pro- vided, tueclarant, the Association or any Owter(s) shall have ..t t. r. nr in. the right to enforce., til arty Iwn.s+ia ,:raiwa_.,.�.b'.r b la equity, any and all of the provisions of the Project Documents, incluAing any � pcision made by the, Association, upon the Owner's, the Association or upon any property in the Project. 10.2.2 Violation of Lav: Ttie Asnociation may treat any nwner'-s�vv olntionof any state, munic�.pal or local law, ordinance or regulation, which violation creates a nuisance to the other Owners in the Project or to the Association, in the same manner as a violation by an Owner of the Project Documents by making such violation subject to ai y or all of the enforcement procedures set' forth, in this Declaration, provided that the Association complies with the Notice and_ Hearing- ii6gairements-herein-. 10.2.3 Remedies Cumut4tives Each remedy provided by "his 'Declarations cumulative and not exclusive. 10.2.4 2vonwaiver: The failure to enforce the provisions of any covenant, condition or restriction contained 3n this Declaration sh-21 not constitute a waiver of any right to enforce any such provisions or any other previsions of this Declaration, tmT.SAPMO ,.cx'Alf-t.'RT-Atli +tt 10.3 07/21/86 .ALM'f tRM I AIIKWMc ws. •fit. 1 344bl-11*400 ARTICLE X11 ARCHITECTURAL REVIEW 11.1.' APPLICABILITY: All architectural review shall be perlocmed by the Board, or n connittee appointed by the Boar3, in accorda,,ce with the ' provisions of this Article. If the Board appoints A committee to, perform the arcU tectural review functions, there shall be no fewer than three (3) members and no ,nor, than five (5) members, all of whom must be Owners or officers, directors, or employees of an Owner. Declarant r-zst?rves the right to appoint all member, ai the ArchitY Lxiral Committ,±e and all replacements until either ti) the fifth (5th.) anniversary of the original issuance of the Public_ Report for the Proj^^t or (ii) the sale of ninety percent (gat) of all Lots in the Project, whichever ` first occur%; prov ded hov+ever, that the Board shall nave the rightto Appoint one memoer of the Coaanittee beginning on the date ane (1) year following the date of the original issuance of the Public Report for the Project. The terms of office shall be as designated by the Board. Any Owner who wishes to make �an,yalteration or - addition which will affect the exterior of hie Residence or Lot is required to obtain the approval of the Board pursuant to this Article, prior to making any such alteration or addition. Any owner' who makes An alteration or addi*ion w',hout the prior ' approval of the Board shall be deemed to by in violation of this Declaration; and the Board, upon its own motion, shall proceed am though the Owner gave the no- tice of o-tice"of completion AS spec>.f.ied in Section 11.8.1. Nothing in this Article shall be deemed to relieve any owner from ot�tafning i1t'Csnesen'ts encs permi-ts_. -and__otherw se� -complying with all applicable State and local laywh and ordinances. 11.2 DUTIES: The Board shall conaider and act up- or, rrr pnign1m,' rnii/or plans nubmitt:ed purs.ias:t to this Article. The Board,, from tirn., to time and in its sole dis- cretion, may adopt architectural rules, regulations and guidelines ("Architectural Standards') The 'Architectural Standards shall interpret vid implement the provisions of this Declaration by setting forth the standards and proce- dures for architectural review and guidelines for architec- tural des' gn, ' placement of buildings, color schemes-, exterior finishes and materials and similar featiires which may be used in the Pro,ectl provided, however, that the Architectural Standirds shall not be in derogation of the minimum standards established by this Deel._ration. The Architectural Standards shall he accepted as Rules when adopted in accordance with Lhe provisions of the Bylaws. ;;TYLE A SAMM ,..,,'. . XT1 41:i U1 11.1 07/21186 YtiAt\I'1 tMt tAt.Xl Ut Mc\IXW� Z(xx13446i•IL4401 11.3 4PPLICATION FOR APPROVAL of IMPROV�EMEnSi Any owner, exc :pt Dc.»-lWi_nt lnXi its deslgnatac��acjen'rs, who wants to perform any alt-�r.stiori or addition for which ap- proval is required shall notify the Board in writing of the # nature of the propo3nd work and shall furnixh such { inf;t-mation As may he required by the Arch t+,wcturnt Standards or reasonably ruegsleat#,�cl by the Board. 11.4 BAUls FOR APPROVAL OF IMPROVEMENTS; The Board may appiove the proposal only IT the 8oac Undo that (i) the piano and spe_cifiaatiotis conform to this Declair-,tion and to the Architectural Standards in effect at the time the proposal was submitteu and (ii) *he proposed alteration or addition will be consistent with the standards of the Project and the provisions of this Declaration as to quality vi wVlS.ixldt{.n iltA aiici m4Lk-i.i'ils, narmoiiy or exterior aesign. visibility with respect to existing structures and environ- i, ment, and location With reupect tc}- topography and finished grade elevation. 11.5 FORM OF APPROVALS AND DENIALSs All Approv- als and do-51-Ali- s'FiaTT`iie in w`riti ng. Any denial of a pro- posal must t state the reasons for the decision to be valid. Any proposal wl-ich hiA not been rejected in writing within forty-.five (45) .Says fro-A the (late of submission shall be deemed approved. 11.6-- P-ROEBEDI-NG--WrTH- -MORIS-s. - -UPoh- '400 val -6f the Board', the Owner shall xligently proceed with the commence- menL ecsd completion of all. work so approved. Work must be commenced -within one '(1) year ,from the date o' the approval. if the Owner fails to comply with the provisions of this Section, the approval given shall be deemed revoked unless the Board extends the timi= for <-rymmpncement. Any request for an extension shall be in writing. No extension "shall be ,granted unless the Board finds that there has been no change in the circumstances under which the original approial was granted. 11.7 FAILURE TO COMPLETE WORK: Completion of the work approved must oc—cur­ in the twelve (12) month period following the approval of the work unless the Board de- termines that completion is impossible or would result in great hardship to the Owner dae to >3trikes, fires, national emergencies, natural calamities or other supervening forces beyond the control of the owner or his agents. -If ,the Owner fails to complete the work WiLhin the one (1) year period, the Board shall proceed in.accordance with the rirovisions of Section 11.8.2, 'below. urrtf a's+Artcs i f t,*%k t w At t Alt J ,•.,,..t,"'OkIi %X'111 tit 11.2 07/21/86 j ' %1'1 1#tf9,t At tM*X1A MY... .i XiW Hi.6kU 134451.Aw 402 11.8 DETERMINATION OF C€MPLIANCEt Any work per- formed, whether or not `t-he Owner obtained proper approvers, shall he inspected and a determination of "compliance shall { be made as follows: 11..8.1 Up,n the completion of any work per- formed by an owner for 'which approval was required, the Owner shall give written notice of completion to the Board If the owner fails to calve Lhe notice of compr.etion of work performed for whichapproval was required, the Board may proceed upon its own motion. 11.8.2 Within sixty (60) ' days, the Board shall inspect the work perform-ad and determine whether it was per- formed in substantial cc...pli:rnce with the approval granted. If the Hoard finds that the work was not performed - a.ti a.in sub- stnntihl compl i-1— with ri,n rnn.r..�1 r w.te r+cd .1 the t' Board finds that the approval required wai notobtained, the Board shall notify the Owner in wric.ing, .;( the non- compliance. The notice shall specify the particulars of non-compliance and shall require the Owner to remedy the non-compliance. 11`.4 FAILURE TO REMEDY THE NON-COMPLIANCE: if the Board has determ nine ed that an Owner has not constructed an Improvement consistent with tare spec ficationt of the ap- proval granted and if the owner fails to remedy such nor.- compliance in accordance with the provisions of the notice of non-cgmpl:.ance s,_the s_ of ter_.the...:expiration - -of---.-th-i-rty-- (.30) days from the date of such notification, the Board shall provide Notice and He -ring to confider the Ownpr's contin- uing non-compliance. At the, Bearing, if the Board 'finds that there is no valid reason for the continuing non- compliance, the Trnmrd shalt det,irmine the estimate--» costs of correcting it. The Board shall then require the Owner to remedy or remove the same within a period of not more than forty-five (45) days from the date of the 3oard's determina- tion. If the owner does not comply With the Board's ruling within such period or withinany extension of such period as the Board', in its discretion, may grant, the .Board may ei- ther remove the non-complying Improvement or remedy the non- aomplia'nce. The costs of such action shall be ashessad agai'.at the owner as a Reimbur';ement Assessment. 11.10 WAIVER: Approval of any plans, drawinga or spec ificatians for any work proposed, or for any other mat- ter requiring approval shall not be deemed to constitute a +' xaivcr:o€ any right todenyappre,vdl of any similar plan, drawing, specification or matter subsequently submitted for approval. 1.1.3 07/21/86 Ln,nr SAM= to Vt{, t.X•Pii/MT1.tit .tAt'at'3 t P.t i AttM IONIA"i— t .P.V . 't titer Lit, 1 " 46rjau 11.11 SSTOPPLL CERTIFICATES Within thirty (30) days after wrxtten�denu(nd _T`sdel�vered ;to the Board by any Owner,; and upon payment to the Association of a reaitonable fee (an fined froi.. time to time by the Associdtion), the Hoard shall record an estoppelcertificate, executed by any two {2) Directors, certifying that As of the date thereof, either:: (a) the worn% completed compliex with this Declaration,or (b) the work completed clops not 'comply.. In the latter xituation, the certificate shall also identify the particulars of the -non-compliance'. Any successor in in. terest of. the Owner sha?1 be entitled to rely an the crrtif- cats with respect to the matters set forth. The certificates shall be conclusive as between the Associatiot., Declarant and all owners and such persons deriving any in- 11.12 LIABILITYr tt Directors have acted in good faith on the a_gTs of such information possessed by them, neither the &,aM nor any Director shall be liable to the tasociation or tit any owner for any damage, lass or preju- dice suffered or claimed due to: (a) the approval or dia- approval of any plans, drawings and specifications, whether or not defective; (b) ' the construction or performance of anv work, whether or not pursuant to approved plans, draw- ings, and specifications# ( ) the development of any prop- erty within the Projectr or (d' the execution and fil4ng of .xrry,estoppel certificate, whether or not the facts therein are correct. _ _ 11..13 NON-APPLICABILITY' TO DECLARANT: The provi- sions of Ma Rrtic e shall— not appy to any Lot owned by Declarant or prior to the first conveyance of a Lot to an rnrner., . 11 1U a SxFR M «.,.+n txr1111 .11T1+, 11.4 07/21/86 KAl. `'.t VFFK C At Ilii W.NIA Nyw j...,:,13d 4 b 405 tmprovement.a, the following provisions sh`gi'i apply to initiating action 13 enforce the obli-lati -ns -f Declarant and the suraty under the Bond. 12.8.1 Action ty Boards The Bon rd shall consider And vote'- on the qu"tion of action by the Association to enforce the obligationP under the 'Bond with respect to any Improvements for which a notice of Completion has not been filed within' sixty (60) days after the completion date specificd for that Improvvement in the planned construction statement appended to ;.he Bond., If the Association has given a written rY't?ne°on Pyr the completion of any Common ArHa' Improvements, the Board shall consider ari4 vote whether to tdkY action is a nuLLCe or comp eLion has not been filed within thirty (30) clays after the expiration of the most recent extension. 12.8.2 Action �j Members If the Board decides not to act or a to it7itTate action to enforce bonded obligations, then upon receipt by thr board of petition for a special meeting signed by Members representing f,.ve percent '_511 or ;sore of the total votinq` power of the Association, the Board shall caul a special meeting of the Memhars'. If the Board has Entled to initiate action, the FSamLjrs shall determine whether they wish to initiate action. , If the Board has decided not to initiate ackion, the Members shall determine whether to ^verride the Board's decaision`. The meeting shall be held not .Iess ..than thirty five 05) nor more than forty-five (45) days after receipt of the petition by the Board At the meeting, the vote cf fifty-one percent, ,5110 of the total votinq power of they Association residing in Members other than Declarantto take action to enforce the ob`.jdtiuns under the Bond ahall be deemed to be the decision of the . Association. The Board sh311 th=reaf'ter implement Lhe 'decision by initiating and pursuing appropriat;. action in Lhe name of the Assowiation. 12..9 CON'PLlCTs In the evenc of a conflict, the provisions of this. 'Declaration' shall pY^vail over the Bylaws and the 'Rules. IN 'WITNES'S WHEREOF the undersigned has executed this Declaration cn the date first Above written. DECLARAN,rt THE LUSK COMPANY, a California corporation B !left E s SAPVTO ,,t. .�.,11At s. 12.2 07/2)/E$ +'AT H" Mta fiC YT.t +�, �+»�tn ! II •1�1f+.�;A��p1r tt ! ►u,t..eCAin all T1COR TITLE INSUF1, ACF fC:t#ryrt+raikin{ 7C.J t til Al l M t %1'1h i nk t POt•� l - flit ti} ttf .� •.� I„. t hrt,Hr ri#f,the ta+#dtn n . a Notary f ubinr in and for 3 6110 SION perwinal3# aftl r a _ prm } known t+. tri of pr,«#r.S ter"atu.n#the b:tt+ .If asti#fsatort•ratdrrx'r ,t:1.1 thr.prr#ttn wht+r+trnttr,l the within#no»urgent as thr ,�-,Lt-i+F t !' "Je»t,snit L t r 1r .�.R T�7"%t�` ru naih known iu me ..r r pinarth it»rttr•#n till I.asn-rrf tat ttt.it t,yv -."3,.n.0 tO lit' D.MLA VAUE K t the prrr#n wh,# r%rrutrJ til+ wohi- nntttumrnt as thr, >wwicyte<t+rwt+• sertrtarr ..t thr t:trrrrt•atntn mum that eseruirJ the within ifttiunirm and Adrowfrtljr.. ew t"m I.,Mr rhP- ♦{trh r++rTW,r%tw+n rtr.writ thr rdhin mttru trent f*utsuant iu Its hy'-h"swa or a rrttwlwom of vs ` board ttf di rrmwm. W!1"VfSSmr an 2X", I �/ ' fit natutr (This ttta for uf'firitit naavtsirts!{ " K. Exti i rT3 A BOAT Dry KS btn`►t 1344bi'It4-AT flv'tt { D LEGAL DL"5CPrr'TlOh OF PL"DEATRIAN tXbiZ.%M1qT U1 tLf t sAMM 12.3 01/26/87 101.1-01Y�Al I V1 "a LM'Kl alit Ill xAi:h'i a PICk CAI IKXNFA.-43% i w t 1 Wit t 344bPlif 406 ' s 1 Ira V ANCHORAGE - irt - o I ttt rrl ul r n C: I BISCAY ATI C ell all � jnr i 1 V } I w 4 r = b15COVE RY SAY t_ �aJa 1.f r • .. �j i tli-A Ir I t t €-tet , ti • TTT N T. WAY 1 � tt77oJ i b r ICN N cl��-y_MO_NTAUK 's' WAY In C'1 r X S! i p n !( C 1 f Y --- --_ ee ,LEvA,eo _—._.--_......_ �_�._JJ h yr7L h3 JANUARY22, 1997 19700.73 PEDESTRIAN 'EASEMENT'. REAL PROPERTY SITUATED IN THE COUNTY OF CONTRA COSTA, STATE 00 CALIFORNIA, DESCRIBED AS FOLLOWS: -- BEING A PORTION OF LOT 24 OF SUBDIVISION 6628, FILED DECEMEEi 3, 1985 IN ' BOOK ;297 0f MAPS PAGE 1, RECORDS OF CONTRA COSTA COUNTY, . CALIFORNIA FURTHER DESCRISEO AS FOLLOWS: SE:GIHNING AT THE NORTHEAST CORNER :OF THE ABOVE MENTIONED LOT 24 OPC SUBDIVISION 662814 628 THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 24, NORTH 78I46'00- WEST 11.76 FEET; THENCE FROM A TANGENT OF THE CURVE SEARING SOUTH 26'SS'49' WEST 'ALONG THE ARC OF A 74 FOOT RADIUS CURYE :.TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 3'14'40', A DISTANCE Of 4.19 FEET: THENCE SOUTH 78'45'00'' EAST` 19.00 FEET:: TO THE EAST LINE OF SAID LOT 24;; THENCE ALONG LAST SAID LINE NORTH 11•15'00' -EAST 4.00 FEET TO THE POINT Of BEGINNING. CONTAINING 73' SQUARE FEET, MORE OR LESS. 60632 EXHIBIT "B" Page I of 2 Pages ' E 1 �I.... �4 • � xt a•r,K�' x 1 y f x' - ;FaY��w`6 -.'E?ti S ;�* s i 207.600 12-5 ld5 WXAV LOT D 0,4 T 7 rr 1 `AMA ., ` i lt� 1 a tC) rj roo /1,017 LLL t..; MUM rA c6 CNJ cr EXIST. 10` -- SDE vinl �w lC) U3 Ml 42Y t 1ST. 2 ` 3EcE \NJDNTAUI� s1 Q0 �S. so 7� En rff'vdT1t/!)E OFO£STRI�fNsr ,� �� zoo ;�4 3f34{y1V�R�1'O*m.swift Tol ++ +are CrWan�i�ft688-a Wit - ✓�r✓�r,9IVJ�.�ley'"• d' 1JISC`dvE.pY`, d�Y X,/ ,4t F. fl•''N*. EXHIBIT "B" ,.17p.073. Page 2 of °ages ^F gpCU:„c;di 1 { '5yv `. ?, •,--•. ..>.:., �N ':•.:"snna. .Y "t :•1' .�0.+rya, s•",,. F ,. ttECCllctDlrl} AT'f`► IRtIQk S'r OF AND '4I n #.6 Y•.• t N RCCO"Del) PI EASE MAIL roe A $OCIAIION'MANAGEMENT' SERVICE. INC. y,. �u 7�' :{Y £+ 400 KomtgomarY street,- 'Suite 41-12 r of � n San Fratic icCo, CA 941oil Ct... � �..::::r gar+ i o ti YR2- rt4 contra rP SUPPLEMENT TO DECLAJ4rAT _N COVENANTS. CONDI71ON5 AND RESTRICTION The umdg;-sitMned. - CYPRESS LANDING COMMUNITY A9SOCIA1ION,- a C41iforn'ta non-profit corporation. hareby notifies all persons. ;,that it is nail '41, the ksmrcr+v*Yers Association pursuant to that certain Dec,Iaraition:-1of Coaunants, £andi"tions andRertricti;n3 for CYPRESS LANDING COMMUNITY ASSOCIATION recorowd February 12, 1497 as Instrumemt No. 87-32770, in the Official Frecoeds of Contra"'Costa County. State of California and cover'1mg.. all units in the tollnwLmg stardivlsinns SEE EXHIBIT "A,. { THAT ALL PERSONS art hereby further notified that communication with said CYPRESS LANDING COMMUNITY ASSOCIATION, nay be made by contactlnq its duly appointed enjnay inti at7+►r,t, as. fai lowers CYPRCSY LANDING COMMUNITY ASSOCIATION c/o Aesctiation MAn.tgrment Servicars Inc. 400 Mor,tgom►ry Streets Su:te 407` j San FranCisGo, CA 94104 i4151 9$7-N445 with respect to all matters *at forth ir• said Covenants, Conditions, and Restrictions', for which said Association is responsible, including, but not r; limited to Association records and status .3f assessment-'t:uws. DATEDI-February LO. 1989 CYPRESS LANDING COMMUNITY ASSOCIATION a California non-profit corporation, VY it* lAwfUl att0rney-in-1ACt ar"I' managing agentt ASSOCIATION MANAGEMENT SERVICE, INC. 404 Montgomery Street, Suits 402 San FFrnrfttc CA 94104 By r itrGt r s. AVID F. KNAPP, Pre dent x3 STATE OF CALIFr)RNIA ) "' :n CITY AND COUNTY OF SAN FRANCISCO) t 4 On this 10th` day of February, 1989, bivfora ewe. a Notary Public in and for the City and County of San Francisco, Stat] of California, duly j. commissioned` and sworn,. personally appeared DAVID F. KNAPP known to me to be the person who executed the within instrument on beahatf of said <; ASSOCIATION MANAGEMENT SERVICE, INC., the corporation that executed and whose name is subscribed to the within instrument as the attorney-in-fact of CYPRESS LANDING COMMUNITY ASSOCIATION and acknowledged to me that he ut:: subscribed the name of CYPRESS LANDING C.MMUNITY ASSOCIATION thoreto 'as y^t. principal and the name of ASSOCIATION MANAGEMENT SERV-ICE, INC. as attorney-in-fact for slid CYPRESS LANDING COMMUNITY ASSOCIATION, and that snit! ASSOC IATION'MANAtEMENT SERVICE. INC. executed' the same as such !r CrI��.*=.AL is 46 11r+01..,,ce-a"0°10` tar P lie. tate of C414fornia' CII RA cm ODUNTt Y s,room"t~Its 1.M r Commission Expires August 6, 1499' S'TAIE Or CALIFORNIA ) CITY AND COUNTY OF SAN' FRANCISC01 DAVID ,F F . ►".JAI—, owing t i­st 7uly :wnrr., dgpoues ,Arid %ayt, That )►r 1.1 the dlwrl a,ant 1,• t►m I_.r ;Io It g Soo, '.f''11LN1 Tri DI;'r'Lr.RA7IfJrt OF COVENANTS,' CONDITIONS AND RESTRICTIONS that he has read the same game krows the canFents thereof and that the matters stated thrre are true of his own knowledge. I declare "under nrnait� of v Jury that trio foregoing is true 10AR lEE RA3M1lSSfM t . �5t,r..'t• ''t�s.r+c: '. 21- DAVID F. KNAPP C€l vtA CUTA G7t.t Tv 'Softs xi - ri bfCi x; C '.'.rn tC7 t7tlipr., me this loth day of rwbr.,ary,. :1QRe. ••ice - �Y `. • -yam SA.a 4 ear 1411791'V 70. . , ! EXHIBIT "A^ , Lots _1 through 970 inclusive. and Lots A, S and G and th* '.pa 1 designated "Private Street" as Shawn on the subdivision a~aF^ filid - for ;x record on Qecwmbe'r 31 1983, in Book 297 of Maps at .Page l et seq';, in the Official Records of the County of Contra Cost&, State of California. ; r k C � Y t } C ' Y .PRE. .S $ LANDING Homeowners&socladon Newsle&er P 41L'M. }- r;� m 7tnks' to the:cnditE: ;tmowner who: ttierided 'and h�pei, collect bal�zcto,cx4Eh a+ utrutn it`s�ipreciad ltOur:t3oa's � � rs far the 01. a t Ake x�. ansem � IItiNlain M;' atL "i' edab Luther, a , V1 w,ygultfi Iike iwhank alt ward members olt me ng tfie�r bri a to serve on the'Board aril t f tt tion*.. prW and trtamtaln thk�`CC��nriCur�Itj/. tr �� •? [[i1oC1�leown,a J' i E&�S�' tS9Ae L!ie t�rCit' ruh the Beget fi betr uncl, r �c yi+uhr your dues are al located: pbn nce tcx#fie �d or nagelm nt should tie mailed directly to: HQMF trlC - f�tterttcsn. Rosie Rivera 1855 �tp�ay glad , Suite 34{� ConcE rid, ,.A 94521 or email to rove a@hbmcorp com, ' pl eAo.not send ariy torr sp�intlences with yciur,payrnents are tF are sent to a bank lock bc�3c.; Q r Y rt#and t=uvnace butt Cleantnv a tires tf -- ---- C�erfi gent anrl, Snaer� t cleaning are important maintenance items for homeowners. tpy.clned clurwiill'pride. Dryer Vents. shorter drying time; } Rdl.rs' 333w� '4Jt Vi w�sr U11 5 r, , t � k � hningemmers plantol e exteno� o the,'r home such as n � ,� �� �� a 'dunt or repir1� wnbws that% �n etwri 's>.v ftr ,4 a rr�t s $r ` intro ? toe �rr1 of D�r� �rdb#�n an �Cem r`t 4 e� r p L Y k. �� rtk� rimae at Hit; Inc An appl� atan% `f lie rna�e� ou'and answer.ariy T rq p r.xs, The �Oart! ia5 Bevel fications for . s) ,'sped pnvate gangways (Ramps) that will allow asscciatioii fT1fi1 'Si srriit plan"s flu- tie cacsrttiti�m iF thieir ciwri gigv�ray'to the ;o�mun dock. filed ity procedures outlining the for.. applying and installing an approved gangway vrtill be forthcoming to all water front association members r ' e �s � i EohSUr as clock mastery f ion; will morntong the docks do e dtys eint! enfotang tte'dcc rle,�. IS gsn .111 hanegement 3. t ne� ta�ep� ks safe and dean we woulc`lrke%to ietnd.everyone of the follorrvrng; a l�l up�rocrr w,atr hese ltGk up and Bis of arba e ', Do not lend out your gate keys Association mernber should be present when guests utilize the community dock: C►ue to t�f of'the insurance premium a special a meet was needed to t6ver tl'e �: , i,� Vie,hlo rerntier 1, 2002 there u�il be a spe gal a :srr ent in,. a amount of $16.36 per tnrtaper mpt�th Please nate= If are on automatrc payment (ACH} rnethotl to pay your dues, you will Nt ►T neem to take aCbon, tie Asscatioia will zirtfy.your brisk of ire change. .. Muirt� r able TV aT&`T �8oi7)g45-288. w �Fi,�� ,�S4J��Y 5 (V����310 �,✓„ _ t pa a 44 � ( � } Q6Y. 34-0 4 k13-1P�b ��{Pet1t t .Ct Sury yV�t�i''�+ces ��2;5j 634$81$ t 1 Teen u� x t at E', held tt'e send.Thursdays every tither mcar , Tete rrtezt x / /��yy� �y� y ��IW��i I€ i I� � 2�: 2 at / bo o:ir. ThL" lM�dyi � drn3�ri' Please tta� -fcs�e at �3 } f 8 '" c2 . AI("homrr�ers,,aid ec �irage=to aferd. 'Published BY= Homeowners Business.Management,Inc. 2855 CTatewaY Boulevard, Suite NO Concord, CA 9ltno (925) 6872855 (925)687-0332 Fax Management Questions-Rosie Rivera, Ext.27 email: rrltera@hbmcorp.com Billing QUeStions-Xu[ie Morgan, Ext.22 emai.E='morgan@hbmcorp.cottt ro �✓ ip" ft h-°�.' � �F`�. �YmJ+•m9�tl�Li'.w'�£ Ja«J4n'n.wa*+u: Z � 4n��lw Y� v P `+ � x 1 reg. #' 7t" P y P -7 17 t.- ppppp �' r u = f x d 1 11 B I t t l sgF Ya NO .y y A y. t ► I INAL DEVELOPMENT PLAN (Three Common Gangways) i 4x 4 rL {, w a ` ,. s d t �: r ,'�•ir+a+ t.}uxon�,+O+mr9s! �,� � & q{5 , 1 t f �2 d dt a:,}a `~• 4`f k .', '"W,+^4zw,ariw. :1 a'.,. y.:P'.1+ :.Ai. a ,o . `" 7 ' -saw a _a ,.si # v� 'F � ;'� �4#. yP \ b1U h;� d S ICO,a 5f r ��` ,P •i -N.�'P .x �JA qqft ;R R v r sa. sioft . y j nou WaNF v j x S .� '� �.. i � v 0.�, "'- •`} }' a 1 rr xl d tit - �...,: $ 4 •, $L+ Ali UP };\ ,.�,rtl- zt � ,+ '�.:v '� i211 :^-`we CN e.. � ``Yt•:�y `i' .5A,: ,� ! k •{ \;, +� wSt`1 a9,Ily; ad i 7t",,,5 a �.. •..� r 1, k� .v r ��, t�,t`_ � a''A,P � -www`°. .1 � , r� �r�"`,�: �t 'S 1 1 � r ra,t �vM1 fr n r. } a y �yy t yf. e.•e,:� na 31 qw'3 rl�.��� fit,*' i r4• :f t i M A �w.yirW- NyRVF..«,d r 2 +tet 1 Y c, t a t/ ' � x 3� +.,�x�. �g � ,...:. .� ?��� i�,_�s�lf�5 �'�''•'`�t g4�'h�,Ytt:,. �A'$'r��+ �� <.: r � .y y,� � � z��F" s s x+ GANGWAY - COMMON a .M $ x � d �'E , # l x '4 t .- .w z Nx { u + h y ,amu,,�.> �� ,a, a#�r z� e "r"�C'•+*� q-41 l r �� � �� ,���a�r 7a� ����,,r-. y.✓�'s �� y �, ,� �.k'�r�"��'',T,. .:+w��, t,`�§'i'�e�'*� � a�'a,� t��x ' 61 k 1 �xN': ry A3 X 11 1 .."` P t E tZ, � ` WE ism ago .v A• o � s c v��� Y � ! �A A� � X ! y ! � { ;�.� �, �„":. � �:. ��r'�.�-S ',,r}� � : � d?r t•�"`f k �'Y t {� 'S + z. y °x,�}�i 'S#J � 'q �, r1 ,✓ `� �*�-�`F# }s'�'ufi s "Y .;,.3 'c.3�tC A'r 'E`e�� ��6 "`. �'�..+r °>;i�2i 1? 5+w i t Sr P t u� u�-� 'rr �'� rig '� ,�� � tas� •���� � w � �. � � �� t r u t . i F i f.. 1 } s6F'� -v.'v"'•a i5' a"„Ryiq fi �,qz # 4 t-AN AY - COMMON ENI ANCE y F x s F 3 , k• t �K r. r o-yz t w ! 1 h GANGWAY -- P"n" ATE �'• � :. 'S'•* - �j "N yy�' y1A •� 3fl.f�w�G'+ ''� '0b.r�'�A�"�'dj '� Y.., � ..`i ytf 'qf��a'�' S 4�.: n.t lid .� k 4 '4 5'� .,�+''Hb {-�y, � .`x- Fu;.. �.�� ''• :.tai,j,- ��t x��',� '` +�t 4t''^�7.a3 a'-h; �� �7&""Y�."t� �, a`�t# T g9�w��'c�4� a�!" ,*E c�x+S'f R2�'d�.'F,:} '�*�+5���4,�'"�F'�n ' k=•; ��^�,Y:3��sh�a �lh st�r �y�a�'� )��-[?-�r�""i-:,� '�a�i�. '�'�d ES'�cr�-.'✓u -�� �A � 4�^rs r H` d�i'� E 6 h A` d-:• t. t 'P��k..D�r���,� k �v�irq �"x m�il�.n."'S. � ��'. +��" �'��t.�- } q_ p € y a r F a .r N' *r : qi�wt I. :,.. .txtb .p3` ".4Q'S' a�TA. � �4B r �� t lkt O � rA, ab t t` k F } "rg�Ax s r i 7 i ! &VNAVA N W RIVA i s, �,� a � �G��t ,�.'e -� � -s {`� i �• e :�' ��z�`,,n a .� y���" # GANGWAY -- P'III ATE 7 iyt i A� { 3 f° id k �- F; ° m Ask e ` n kit" F �tns,r� i Agenda Item Community Development Contra Costa County COUNTY ZONING ADMINISTRATOR MONDAY .FEBR:UARY 10 2003 1. INTRODUCTION FRAIL K MOR GAN(Applicant), FRANK AND KIM MORGAN AND r � DAVID AND LORR RINE S1.11'KWS (Owners), County File#DP023072: b The applicant requests approval of a proposed amendment to a final development plan to construct a private gangway to access an existing. " community dock. The proposed gangway would be located along the common property line between1730 and 1740 Anchorage Way(Lots 11 &';.12 of Tract 6628), and as proposed, a request to amend the conditions of the final development plan to allow construction of the gangway,which encroaches into the minimum 5 foot required side yards and 15 foot rear yard of each lot. The subject lots are located in the Discovery Bay area. (P-1) (ZA:N-28) (CT:3040) (Parcel# 008-051-003 &#008-051-002).MEI 11 RECOMMENDATION Staff recdmmends: A. Approval of the.proposed re ueg with conditions: B. The Zoning Administrator direct staff(the project planner)to request that the Cypress Landing Homeowner's Association propose an - overall amendment to the Final Development'Plan to accommodate and facilitate similar proposals within the project. III. GENERAL INFORMATION A. General Plan: The General Plan Designation for the site is Single Family Residential Medium. B. Zoning: The site is zoned Planned Unit District(P-1). The P-1 is based on an approved Final Development Plan(File#3026-85) for ........... .................... ................................................. ..................... ............... .............. ......................... ..................... ........... ..... . .......... S-2 residential water-recreation development. The approved project constitutes the land use regulations. C. CEQA Status: The proposed use is categorically exempt under CEQA, (Guidelines Section 15303,-(e), Accessory or Appurtenant Structures). D. Previous Applications:None E. Regulatory Programs: 1. Flood Hazard Area: The portion of the site where development is proposed hes within a special flood zone designated by the Federal Emergency Management Agency,Flood Zone 'A-2'. It has been established that the base flood elevation for that zone is 8 feet AMSL. Prior to issuance of a building permit,the applicant will be required to obtain a floodplain permit from the Floodplain Technician at the Application and Permit Center. IV. SITE/AREADESCRIPTION The site is within a water-oriented single-family residential subdivision within Discovery Bay. The 97-lot subdivision(Tract 6628, Cypress Landing)was approved in 1985 as part of a larger planned development. The area is accessed from Discovery Bay Blvd. and Sand Point Road. The focal point of the project is a manmade water lagoon on which some of the residences within the project back onto. The project was conceived and initially developed to provide community access to the water via community walkways and floating docks that line the shore. While the docks are largely on privately held lots, they are located within a 15-foot wide community easement. The docks provide access to,boat berths further out in the water, these berths are located on a parcel that is retained by the subdivision developer,New Discovery Inc. Attached are copies of the subdivision final map and aerial photographs with superimposed property lines to show the division of property and location of easements. Subsequent to the initial subdivision development,in two instances (one involving access for someone physically disabled),residents of lots backing onto the water have constructed private gangways to provide direct access onto the community dock. All other lots within the subdivision have access only from community walkways. water at the rcar. The subject two lots have access to the ........................... ............................ .............................. ......................... S-3 V. PROPOSED PROJECT Theadjoining lots owned by the applicants are located on the west side of Anchorage Way. These lots back to the water,but they do not have their own gangways to get to the floating dock, located farther to the rear.Residents of these lots, like the others in the area,:must go to the community access ways at the ends of the block to access the docks behind their homes.The two applicants, the Morgans and the Simpkins,propose to construct a single private joint access gangway from their rear yards out about 20 feet to the existing dock. This would provide direct access to the boat docks. The ramps would be metal with a landing of:marine plywood with an all- weather,non-slip surface to match the existing dock. Because of tidal differences,the ramp, at the downhill end, must be able to roll back and forth several feet to reflect the changing water levels. So that the bottom of the ramp or gangway,as it rolls back and forth, does not obstruct the existing dock, an extension or landing of about'4 feet'must be added to the dock on the landward aide to accept the gangway. VI. AGENCY COM l NT A Buldinginspectian: See attached comments dated January 9, 2003. B. l✓nyironmentaf Health:No comments. C. Contra Costa Fire Protection District: No comments.' D. Reclamation District 800: Recommend Approval,. E. Cypress Landing Homeowner's Association: See attached letter dated I3ece�nbbf 2,2'002,recommending approval. F. T2M ofDiscovery Bay: No comments. G The followin. a envies were contacted for corriinent L uest but no c°m_maents were received,about this a; lication: l7eltaResoi regi Protection Commission California Department of Fish and Game NM. PUBLIC COMNMNTS No comments were received. VIE. STAFF ANALYSIS(DISCUSSION S-4 A. Appropriateness of Use: The proposed gangway project is small and designed to be visually compatible with the existing dock.As such it would have n,iinimal impact but it does raise issues of precedent. Presumably, if "s application is approved, reasonable to expect p yed,it is other waterside lot-,owners would'maie.the same request..Would a multitudeof individual or joint pfigw , s.bed6trimeirtaltp the overall Won d it 'ifflicts bel Itween,the waterside lots and the dipa"tebo laccess ways? Staff iriterior ots 8: must, q( y, suspects I � MIPA'M Uess, all p rcipetywners and resxdepts of the affected Planned Unit I7e�e�opirient are navited to pro`vicle their input. B. Encroachment into Setbacks: The conditions of approval of the original 1985 subdivision requiredthat there be 5 foot minimum side yard and 15 foot combined side yards, and 15 foot rear yards..The ramp, its railings and landing would encroach into the side and rear setback areas of both lots in question. Staff does not believe that this would have an adverse impact because of the small size of the encroaching structure and beeause, it-the—side yard enerddtl mnt was not grgqted, and access Was 4p necessity for proved,there would beal 'i s. Th _16cation6rramps�sh6ul twoseparatede co- db­eencouraged in order to minimize the potential number of them.Reclamation District 800 wants shared ramps to niiiiiiiii zib,their potential number. The two,proj ect applicants have provided evidence,of their willingness to proW"ide"cib's's easements t6'a)lb'w-"both parties"t6 access the full ramp width. Based on data in the County's digital library(aerial photo with superimposed property lines), the submitted site plan does not appear to be accurate in its placement of the rear property line. Nor does it show the location of the existing 15-foot wide(comrnunit�,recreation) private mooring easement, or the 35-foot wide slope easement within the rear yard of the affected lots as shown on the final map. The property lines and easements should be delineated on a revised site plan based on a survey prepared by a licensed surveyor prior to issuance of a building permit. C. Ordinance.Findings Reguired for Approval of a Pro osed Amendment to the Final Development Plan Before an amendment to a final development plan may be approved, the County must make two findings: S-S A. That the proposed amendment meets the intent and purpose of the planned unit zoning district; and B. That the proposed amendment will be compatible with surrounding' uses. Based on the comments received to date from the community, and staff s review,the project satisfies both of these required findings. IX. CONCLUSION Staff has determined that the proposed project is appropriate for the site and recommends approval subject to the following'conditions of approval. Wcarr-pian%Staff Reports\DP023072-b.sr,morgan CONDITIONS OF APPROVAL FOR PROPOSED AMENDMENT FILE #DP0230 72 TO ALLOW A JOINT GANGWAY TO CONNECT TO A COMMUNITY DOCK IN THE DISCOVERY BAY AREA (Morgans and Simpkins —Applicants & Owners) 1. General Approval and Requirement.forRevlsed Site Plan Prior to Issuance of a Building Permit-Development shall be in general accord with the plans submitted with the application., subject to final review and approval of the Zoning Administrator prior to issuance of a building permit: Prior to-issuanceof a building permit, the applicant shall submit a`revised site plan of existing and Pr6'o 't evelopment based`on a survey prepared by a licensed survey that saccu ately d"elineates the location cif the rear property hne°and both privafe inooriiig'aid slope`easements within the rear ofthtw two' offs; 2. Evidence of Execution of a Cross-Access Easement Between Two Lots;- Prior to the issuance of a building permit the applicant shall provide evidence for the review and approval of the Zoning Administrator that the proposed cross easements granting shared ramp access to Lots 11 and 12 have been recorded and will run with the land. 3. Building permits shall be obtained for the new clock and ramp. 4. Design of R.amplRai'lings and Landing-The design, specific colors and materials of ramp, railings and landing shall be of a commercial-grade quality subject to the review and approval of the Zoning Administrator prior to issuance of a building permit. Prion to the submittal of the pians to the Community Development Department for building permit, the applicant shall provide written evidence that the Cypress Landing Homeowner's Association and the owner of the adjoining water body property containing the attached boat berths (APN 008-050--007,New Discovery Inc.)have been provided an opportunity to review and comment on those aspects of the project. 5. Maintenance Responsibilities and Requirement of Applicants to Offer to Enter into A 'eement with HOA- The owners of Lots 11 and 12 shall be and remain responsible for the upkeep and maintenance of the ramp, railings and landing. Prior to the issuance of a building permit,the owners shall provide written evidence for the review and approval of the Zoning Administrator ................................... ........... .............. .......... ............... ................. ...... ........................................................ ............ 2 that they have diligently pursued an agreement with the Cypress Landing Homeowner's Association to require the owners of the a private lots to diligently and in perpetuity maintain these facilities as long as they remain, And to allow such an agreement, if agreed to by the HOA, to be recorded,to run with the land. The cost of preparing and processing such an agreement will be the exclusive responsibility of the applicants. 6. Permitted Construction Hours-All construction activities shall be limited to the hours of 7:30 A.M. to 5:00 P.M.,Monday through Friday, and shall be prohibited on state and federal holidays — 7. Payment of any.Due Supplemental Applications Fees This applic,ationis subject to an initial application fee deposit of$1000, which was paid with the application submittal,plus time, and materialcosts if the application review expenses exceed the initial ep , -prior to issuance fee d osit. Any additional fee due must be paid of a building permit commen ement or 60 days of the effective date of this permit, whichever occurs first. The fees included costs through permit issuance plus five working days for file preparation.The applicant or owner may obtain current cost by contracting the project planner. A bill will be mailed to the applicant shortly after permit issuance in the event that additional fees are due. 8. Permit C oMpliance Report and P rocesdingg F ee— At least 7 days prior to requesting a building permit, the applicant shall provide a report to the Community Development Department for the review and approval of the Zoning Administrator. The report shall indicate how the applicant has fulfilled each of the pennit conditions of approval, and shall be subject to a fee covering all stafftime and materials payable prior to issuance of a building permit. An initialfee deposit of $500 (checks may be made payable to the County of Contra 'Costa) shall accompany the submittat -of the compliance report. ADN71SORY NOTES THE FOLLOWING INFORMATION DOES NOT CONSTITUTE CONDITIONS OF APPROVAL. IT IS PROVIDED TO ALERT THE APPLICANT TO LEGAL REQUIREMENTS OF THE COUNTY AND OTHER PUBLIC AGENCIES TO ' qUCH THIS PROJECT MAY BE SUBJECT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, ` DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THI'S PE 1MT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000,.et seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as partof this project approval. The opportunity to protest is limited to a 90 day period after the project is approved. The ninety (90) day period in Which you may protest the amount of any fee or the imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the d ate this p ermit w as approved. T o b e valid, a protest' must` be in writing pursuant to Government Code Section 66020 and delivered to the Community Development Department within 90 days of the approval date of this permit. B. Comply with the requirements of the Building' Inspection Department. The Building Inspection Department has indicated the following for this project. 1) Building permits will be required for the new dock and ramp. 2) All work must be done in compliance with 2001 CBC if available. 3) Plans and specifications shall'be submitted for review and approval. 4) Structural design calculations may or may not be required depending on the complexity of the structures. 5) If,a soils reportis available for the site, it should be provided in the submittal for building permits. The Building Inspection Department may also require that the property be surveyed as part of the building permit requirements. C. Compliance with Floodplain Management Ordinance - The proposed improvements lie within a special flood zone, Zone A-2. Prior to issuance of a building permit, you will be required to obtain a floodplain permit from the Floodplain Technician in the Application and Permit Center. Prior to requesting a building permit, it is recommended that you contact the Floodplain Technician to` Learn the County requirements by calling 335-1375. D. Comply with the requirements of Reclamation District 800, GAcurrent planning\curr-plan\staffreports\#023072.coa In�ytw► 'fig `' �,. 1F :.� � i _ S3 I {yRe -9 i�F.� 4'•�� fig.,g 4 iprA sip ISO, - 5j tt f 1 �,........-e---"..°"' _ ' °j +4 r tic's }� ;f��1E � a f k✓ y? ref+✓ ��r 'C fl f {� L r3"` r x� a ✓� �"1 Far e � s r�q� �{ytA►� �"ix l� a �`,��' a �;— �-� „� �'==4} lam '` ` 6 ....... V G W hit ca t O CO #... 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Sidewalk Levy Water Property.Line - - ----- - - -= --�,nf- -- -- - ------------- 3 Water y 1740 Anchorage Deck o; Le 11 w Dock — Q U 7 � ' /UCT Tb s� HDiscovery Bay\Plot Ilan Proposed.doc a J J1 JD off, ila .t a a�` CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT ENGINEER,: Walter E Eagle & Assoc., Inc. SUBDIVISION NO. 6628 1380 Galaxy Way Concord, California 94520 ASSESSOR'S. PARCEL NO. 09-230.-06 OWNER: New Discovery, Inc. ZONING DISTRICT: P-1 P. 0. Box 907 Concord, California 94522 APPROVAL DATE: July 16, 1985 This matter not having been appealed within the time prescribed by law, the subdivision is hereby granted, ,subject to the attached >conditions . -- ANTHON A. H SUS Dire' r o un i velopment By: qa vey E.` a Vin, Assistant 'Director PLEASE NOTE THE APPROVAL DATE, as no further notification will be sent by this 'office. Unless otherwise provided, you have 3O months from th;e approval date to file the FINAL MAP. CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: New Discovery, Inc. APPLICATION NO. '3026-85 P. 0. Box 907 Concord, California 94522 ASSESSOR'S PARCEL NO. 09-230-06 OWNER: (Same as above) ZONING DISTRICT: P-1 EFFECTIVE DATE: July 26 1985 This matter not having been appealed within the"time prescribed by law, a permit for is hereby granted, subject to the attached conditions. ANTHO A. D A US Di or of om unity velopment By. a ey 'E. do , Assistant Director Unless otherwise provided, THIS PERMIT WILL E E ONE. Y AR fr the effective date, if the use allowed by this permit is not established within th t time. { CONDITIONS FOR APPROVAL 3026-85 and TENTATIVE SUBDIVISION MAP.6628: I. The Final Development Plan for 3026-85 and tentative Subdivision Map 6628, Cypress Landing is approved based upon the plans submitted May 31, 1985for 97 detached units which may be modified by these conditions. 2. Streets shall be built to public streets standards having 32' in a 501 right-of-way, except for the private street serving late. 19 to 24 which 'nay remain private as shown. and shall be posted for no parking to be enforced by the Homeowner's Association. 3. The minimum front yard setback shall be 151, with all garage doors having automatic rollup door openers. Other dimension requirements for house location shall be 5' minimum sideyard with an aggregate of 151. Rear yard shall be l5' minimum. Any deviation from then requirements shall be subject to Administrative review by the Zoning Administrator. 4. Landscape plans shall be submitted for review by the Zoning Administrator prior to the recordation of the Final Map. "This includes Lots A-F. 5. The maintenance of the common areas lots C, D (along Sand Point Road), E and F shall be under the•jurisdiction of Discovery Bay maintenance District Irl-8. 6. The details of the maintenance and management of the mooring facilities shall be provided by a Manatory Homeowner's Association. Copies of the C.C.& R. and Lots "A", "B" and south portion of I'D":for the Homeowner's Association shall be-submitted for Zoning Administrator review and 'approval prior to recordation fo the Final Subdivsion Map. 7. Street names shall be submitted for review and approval of the Zoning Administrator prior to recordation of the Final Subdivision Map. 8. Comply with the provision of the Byron Fire Protection District. 9. Comply with drainage, road improvement, traffic and utility requirements as follows: A. In accordance with Section 92-2.006 of the County Ordinance Code,, this subdivision shall conform to the provisions of the County Subdivision Ordinance (Title 9). Any exceptions' therefrom must be specifically listed in ,this conditional approval statement. B. The following exception to Title 9 is permitted for this subdivisions 1. Section 98-6.004, „Grades - Minimum Limits" and Section 98-6.010 "Vertical Curves" subject to approval of the Public Works Department. C. As required by County Subdivision. Ordinance(Title 9), construct curb, 4-foot 6- inch sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, and necessary pavement widening on Discovery Bay .Boulevard, Sand Point Road and Seal Way. The face of curb shall be'located'as specified by the Public Works Department. Page 2 D. All interior 'subdivision streets, as indicated on the Tentative Map, shall be dedicated to the County;,and constructed to County public road standards. The right of way for these streets shall be 50 feet. The radii for the cul-de-sac right of way shall be 44 feet. E. Construct the private street serving Lots 19 through .24 to private road standards. F. Prevent storm drainage, originating on the property and conveyed in a concen- trated manner, from draining across the sidewalks and driveways, G. Comply with the thoroughfare fee ordinance for State Highway 4 as adopted by the Board of Supervisors. H. Complywith the drainage requirements of the Reclamation District 800 and the Discovery Bay Reclamation and Drainage District. 1. Comply with the requirements of Sanitation District No. 19 Ordinance. NLH:vpl9'sub 7/11(85 7 MAO W my Cil : Sy �iD n fy O7 D 'iyo N6 SA ca.a �'C1NV RD, a -0 - n- 0 'rt7 ZJ"t7LA (Lo CJI r I � � �,� �5.�wroa 5L'{{°.', o �`r e, ap� �., � '�3s .�' �•} N � � { 1L a iR C3co a * rT'ia v n a rn x {. \ T µ y - .• it 3 A T7 t31 K K _ c•. C etiM1 mg a N LYI u in LP 0 t n m AM S ATE 'o n � 'tYe7 ou'3Aw n r`M' LA CD Lit;w "r. ^'1 117 k f17 7 � �lu aii V$:m r LII .4d F l USN r r: _ .............................-.......................-.... ...... . ... .... ...... ................................. ............. ........................... ......... .......... .... ........ PLANNING INQUIRY ENTER PARCEL NBR 008 010 007 PCL NO 008-010-007-6 SITE NO ADDRESS DISBY USE CODE 87 100.0% 1 OWNR NEW DISCOVERY INC NOTF P 0 BOX 907 94522 C/O COY FULLER CONCORD CA PLANNING PLAN AREA TO TRA 60016 SPEC/RED PLAN FROM 009-230-007-8 FAST DIABLO FIRE PARK DED LAND- EMS - 1 ZONE B ZONING IMPR- EMS - 1 ZONE C CENSUS TRACT 3040.00 TOIL- EMS - 1 ZONE D SEISMIC ZN CO SERV AREA M-8 GENRL PLAN WA FLD HZD ZN EL CO SERV AREA P-6 SCHOOL FEE DRNGE FEE CC RES CONSV SUP DIST 3 ACREAGE MOSQUITO ABATE I DESC T06144 L B CYPRESS BAY DISC BAY COMM SVC **APPLICATIONS** EAST BAY REGNL PK AG DP PL NO. CD DESC LOT C APP RCvD HRNG/FNL ST EAST BAY REG PK ED LIBERTY HIGH LIBERTY BOND 2001 *BYRON ELEM 01/30/2003 LFP2763 HIT PAl FOR 07VERFLOW LFF2763 Building InspectionContra Carlos Baltodano Department Director of Building inspection Cost '''ounty Administration Building County ' Pine Street,3rd Floor, North thing ,. artinez, California 94553-1295 (925) 646-4108' FAX (925) 646-1219 , rA cc3vi January 9, 2003 Contra Costa County Community Development Department 551 Pine Street Martinez, CA: 94553 Attn: Mike Henn Subject: File#DP023072 Dear Mr. Denison: The following are Building Inspectioncomments for file DP023072: 01. Building permits will be required for the new dock and ramp. 02. All work must be done in compliance with 2001 CBC.if available 03. Plans and specifications shall be submitted for review and approval. 04.' Structural design calculations may or may not be required depending on the complexity of the structures. 05.` If'a soils report is available for the site it should be provided in the submittal. If you have any questions, please call me at 5-1165. Sincerely, , Deborah A. S andereock, B E. Senior'Structural Engineer Cypress Landing Homeowners Association Discovery Bay, CA December 12, 2002 County.of Contra Costa Planning Department 651 Pine Street—4th Floor Martinez, CA 94553 Re: CYPRESS LANDING HOMEOWNERS ASSOCIATION Gangways Dear Planning Department: The Cypress Landing Homeowners Association in Discovery Bay, Board of Directors approved to allow waterfront homeowners to install private gangways from their personal property to the. existing community dock. There are currently community gangways that will not be altered in any way by this request. All homeowners (waterfront or not) would continue to enjoy the free and unrestricted access to the dock. There are three gangways that were installed as part of the original development to allow access from the common area to the community dock. In addition two gangways have been installed. One is approved and recorded with the County under the American 'Disabilities Act and is solely used by the homeowner who installed it. The second is a private gangway that is shared by multiple homeowners who all have recorded easements threw adjoining properties to access the shared private gangway. The Association has approved two types of installations. The-first would be installed directly behind the homeowner's property for their personal and private use. The second type, and encouraged would be :installed on the property line dividing two adjoining properties. In this case, each neighbor will be required to recordan easement granting each other the right to access the shared gangway on the property line. This will reduce the number of total gangways and the cost to individual homeowners. In both installations, property owners must follow the Association's guidelines and specifications for gangways including_a recorded addendum to the original deed of title. Both types of gangway installations will require the following approvals: Cypress Landing Homeowners Association, Reclamation District 800 approval, Town of Discovery Bay, and the Planning/Building Department of Contra Costa County. Thank you for your time and consideration. If you have any questions, you can reach Rosie Rivera at (925) 687-1855 x27 or mail to Cypress Landing Homeowners Association c/o Homeowners Business Management, Inc., Attention:.Rosie Rivera at 1855 Gateway Blvd., Suite 340, Concord,'CA 94521. Sincerely, CYPRESS LANDING HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS Jan 10 G3 02: 23p CR & VK 925-513--2705 p. 1 rrsBAY TOWN OF DISCOVERY BAY 1037 Discovery Bay Boulevard, Discovery Bay, CA 94514 - Telephone: (925) 634-1131 Fax: (925) 513-2705 Board Members President-Ray Tetmault (925)516-2155 V_President-Bob Doran (925)634-5137 Treasurer-Maureen Murray (925)634-2170 Director-David Piepho (925)516-2358 Director-Gary Hess (925)634-5114 January 10,2003 Mile Henn,,'Planner Contra Costa County Community Development Dept. 651 Pine Street, 4`h Floor, N. 'Wing Martinez, CA 94553-0095 R.E. County File Number: DP023072 Property Address: 1730 Anchorabe Way,Discovery Bay, CA Dear Mr.Henn: The Board of Directors of the Towm of Discovery Bay discussed the above-mentionedfile at their meeting oa Wednesday,January 8, 2002- The Board has no comments on this application If you have any questions, please do not hesitate to call me at my office at 634-113 L Sincerely, Virgil Koehne, General Manager Town of Discovery Bay VK/ca +COUi'+l'T'Y ZONING ADIVMSTRATOR MONDAY,FEBRUARY 10, 2003 Recommended language change: Condition# l under"Conditions of approval for proposed amendment File#DPO23072 to allow a joint gangway to :connect to a community dock'in the Discovery Bay area (Morgans and Simpkins---Applicants& Owners) I. General'Approval and Requirement for Revised Site Plan Prior to Issuance of a Building Permit — Development shall be in general accord with the plans submitted with the application, subject to final review and approval of the Zoning Administrator prier to issuance of a building permit. If it is determined by the Building Inspection Department that the proposed Bump-out to the existing dock'is not clearly within the applicants privatepropey lte .,.The appl%ant,shall be required to,-submit a revised site plan of existing'and proposed development based on a survey prepared by a licensed survey that accurately delineates the location of the rear property line and both private mooning and Slope easements within the rear of the two lots. yrs1�-�--------- -----.. Frank Morgan, Applicant nammeati 14!.17!GrJr.J:G 1zi.:L+j �ZZ)b-.UIt5.fj:e HBM INC PAGE :01 ICP Community Conan poem it DavearM�,ma Community bsvetr3pmenc Director Development Costa M. Department1. CC�1..11'"ILY ! County Administration Building ���. 651Fine Street 4th Floor,North Wing Martinez,California 94553-0095 ,��,,�► Phone: (925)335-1210 � Dates � a� AGENCY CO.NM ENT REQUEST` We request your comments regardi2g regardingthe attached applicatio.D currently;ander review. DISTRIBUTION Please submit your comments as follows Binding Inspection i . j f 118D,Environmental Health,Concord Project Plannerr ,! r HSD,Hazardous Materials PIW Flood Control(Fun Size) County File ____.PM-Rivgineering Svcs Tull-Size). Nair r:...... Date Forwarded r-- ._.._PIW'Traffic(Reduced) Prior To: ,t 0 kj-• fr PIW-<Special Districts(Reduced) U Comiprehensive Planning We have found the following special programs Redevelopment Agency apply to this application: Hist�ricai�l�.esciur€�sIi:€�'ornuaiion 5yste�, CA.Native Amer.Rer.Comm. �Redevelopment Area CA Fish &Game,Region IIS Fish&WBdlife ery c Active Fault Zone l~me X}istrict G.S► D1. , Sanitary District �'Flood Hazard Area,Panel# Water District City 60 dB.t1..Noise Control School District Sheriff Office-Admin. &Comm.Svcs. � CA EPA Hazardous Waste Site Alamo Improvement Association El Sob a MAC Plg.&Zoning Committee Traffic Zone AC - Q, DOT.T-D>rp.firector aid titins CEQA Exempt CAC R 7A Alamo Categorical Exemption Section Comrnut#ity Or- �pzations Please indicate the code section of recon mendntions that itre reg iired by law or ordinance. Please send copies of your response to the Applicant &Owner. No comments or+this application. Our Comments are attached Comments: Signature Agency S:ctirrentplanningftemplates/fOrW/aFcnCycornnicnlrejttesi Date REQUEST TO RECEIPT r Planner: Date; L-- Payer: Application Nbr: Concurrent App Nbr(List All) hf f Prefix'Code' Purpose of Deposit (S-Code) Amount _ 6-3C) CLERK'S POSTING FEE (F& G) T078 $55�DQ ADMIN FEE (F&,G) 048E $2 CASH/CHECK TOTAL: $ Imp, --- PLEASE ATTACH COPY OF APPLICATION FORM" SITIt'P. }-IAI�,B,t7R - z FRANK ALBERT MORGAN179 1730 ANCHORAGE WAY(925)383-5346 r DISCOVERY BAY,CA 94514 -- DATE/ •' .t°J ,.. 16-66/i$ TH CIO C7tZI3E�OF ` Bank"hfAtn-016. 6 $�txn�4p$eacfi C,A ,�+ 1: 12 2000& 6 0:0 179111089LIrmuto 19C. 3111 '' w^. It S"�5i ((-- �i'a`J�,i:W y '. p ✓X .fi .1 Jt ,e . 77 7 1 M b W� Y, h @' v`i� •wt .+•' S ( �`,4 .� Ff` il.6 R 4f�A� iYba' L Y f � K oilh �ar Y sYF '{,.•. •.., n, � t 4 -��� r s[,�r��v. '"Vt.S�s v'�f "� '4��" �w (�. �, , 'h4•.$. '- ! ,y' t �:.o 7. '.§;3+ ' '�, `5?r9r,ix Ink- w� i s "MRS. C et+ �� � � r kE*,"ii 1�FC3 '{ten lop +`1+'�Ltj y�-�`" rin '" >Y ' yCi] 1 Ems MW E Igo Y' � � J F+- �, u ,,� � ,: y' �z, r.yy�2"�•����1 'e'!(� } �W ��F xk IYt3w r; # Yr + 3• ,ruX'�,y, Cet F _�'c¢.3=y,,,t } '2�� xk z"L ill6r� t �* Er '' ,m + i i 7` �, i�J sem"" n Lzy y$y'rY �31z C9 V r.�rd�AA'�'*y� C ( _ l � t �A/ � J 1. Ys Soo LD f 3 'fr L7"r t p�srt ad'a "F ; .12 YP•,�{6-' i"1"MyV+ 8 3 �M'm ._ . .,i•t'{,�+ Y'' H+t -i. y'. d lit . ..<7� 4 ,, _ 0�„ {". •.. ' � i r '� 5t i d rY y 7gt ?t S7 �ar1u rr'u 77 a YS U c �;.'3�'.a r4 it t a +a x, T !: � rs trd }� v � rG a ills 2 at 4g�T 3a 4uroa5+nn 7..mwwu v� a i NOTICE OF A PUB IC HEARING You are hereby notified that on MONDAY, FEBRUARY 10 2003 at 3:30.p.m. in Room 107, McBrien Administration Building,651 Pine Street,Martinez, California,the County Zoning Administrator will consider an DEVELOPMENT PLAN AMENDMENT application as described as follows: FRANK MORGAN (Applicant) FRANK & KIM MORGAN AND DAVID & LORRAINE' SIMPKINS(Owners), County File#DP023072: The applicant requests approval of an amended development plan to construct a private gangway to access an existing= community dock.The proposed gangway would be located along the common property line between 1730 and 1740 Anchorage Way (Lots 11 & 12 of Tract 5628), and as` proposed, a request to amend the conditions of the final development,plan to allow construction of the gangway, which encroaches into the minimum 5 foot required side yard and 15 foot rear yard of each lot. The subject lots are located in the Discovery Bay area. (P-1') (ZA: N-28) (CT 3040) (Parcel 4408-051-003 & #008-051-002) If you challenge the project in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Forfurther details, contact the Contra Costa County Community Development Department, 651 Pine Street, Martinez, California, or Mike Henn at 925-335-1204. Dennis M. Barry, AICD Community Development Director ZA: C. KUTSURIS A.BHAT STAFF: D.FOLEY,A.CHENG,M.HENN PW: F.FAHY CONTRA COSTA COUNTY ZONING ADMINISTRATOR FEBRUARY 10,2003 McBRIEN ADMINISTRATION BUILDING ROOM 107 PINE'&ESCOBAR STREETS MARTINEZ,CA ***1:30 P.M.*** NOTICE The Zoning Administrator may alter the order of agenda items at the meeting. Environmental Impact Reports have been prepared for each of the agenda items indicated by an asterisk(*). I. PUBLIC COMMENTS: NONE 2. DETERMINATION OF EASEMENT RIGHTS: NONE DEVELOPMENT PLAN: CONTINUED PUBLIC HEARING APPROVED WITH 3. CHRIS CUNAN<(Applicant) — MARK VASEY TOWER ENERGY GROUP (Owner), County File MODIFICATION TO #DP023047:The applicantrequests approval of a development plan'for the addition of 1,820 sq.ft.to the east COA'S#4,-10, 11, 12, 13, side of an:existing gas station mini-mart,removal of two landscape'trees,and for the addition of three signs 18b 26. on the edge of the gas canopy. In addition the applicant seeks approval of a land use permit for take-out food. (CIC) The station is located on the southeast comer of Willow Pass Road and Loftus Road, in the Bay Point community of east Contra Costa County. (R-B)(ZA: El 8)(CT:3141.02)(Parcel#095420-037)(Continued from 1/27/03: CK). AMC LAND USE PERMIT: PUBLIC HEARING CONTINUED TO 2/24/03 4. GREG AND SANDRA 'MOORE (Applicant & Owners), County Fite #LP012065: The applicant is AT APPLICANT'S requesting approval for a land use permit to allow an existing manufactured home as a second residence on a REQUEST. substandard lot. The subject site is located at 7400 Johnston Road,in the San Ramon area (A-20)(GP: AL) (CIS) (ZA: V-21)(CT:3551.03)'(Parcel#204-170-043). DAB RECONSIDERATION REQUEST: LAND USE PERMIT: PUBLIC HEARING GRANTED 5. FAHRAD & SUSANN GHAEMMAGHAMI (Applicants & Owners) ANDREW JOHNS (Appellant), RECONSIDERATION, County File#LP022051 i A motion for reconsideration by the Zoning Administrator of its decision to approve CONTINUED TO 2/24/03 a land use pemvt and design review to allow the establishment of two additional 1,188 square foot 3:30 PPM. manufactured residences on a substandard lot that is currently occupied by one single-family residence, (CK) located at#640 La Paloma Road,in the Et Sobrante area. (R-7)(ZA:H-6)(CT:3630.00)(Parcel#425-072- 002). WN ***3:30 P.M.*** 6. PUBLIC COMMENTS: NONE DEVELOPMENT PLAN: PUBLIC HEARING APPROVED AS 7. AMY C.BORJA(Applicant&Owner),County File#DP023048: The applicant is requesting that the Zoning RECOMMENDED'BY Administrator approve her request for reconsideration in order to remove conditions of approval required by STAFF. the Public Works Department that do not pertain to a residential care facility operation for six (6) elderly. (CK) The subject property is addressed 2218 Tice Valley Boulevard in the Walnut Creek area. (R-20)(ZA: P-14) (CT: 3420.00)(Parcel#.188-031-002). RMP ............ ...... .. ... ... ... ................................................................. ............... ................................................................... Contra Costa County Page 2 February 10,2003 Zoning Administrator DEVELOPMENT PLAN: PUBLIC HEARING TOOK TESTIMONY, 8. FRANK MORGAN (Applicant)—FRANK & KIM MORGAN AND DAVID & LORRAINE SIMPKINS CLOSED PULIC (Owners), County File#DP023072: The applicant requests approval of an amended development plan to HEARING FOR construct a private gangway to access an existing community dock.The proposed gangway would be located DECISION 2/24/03. along the common property line between 1,730 and 1740 Anchorage Way(Lots 11 &.12of, Tract 6628), and (AMB) as proposed, a request to amend the conditions of the final development plan to allow construction of the gangway, which encroaches into the minimum 5.foot required side yard and 15 foot rear yard of each lot. The subject lots are located in the Discovery Bay area.(P-1)(ZA:N-28)(CT-3040)(Parcel#008-051-003& #008-051-002). MH PLEASE NOTE: THE. NEXT MEETING OF THE CONTRA COSTA. COUNTY ZONING ADMINISTRATOR WILL BE ON MONDAY,FEBRUARY 24 2003. The Planning Commission and Zoning Administrator at hearing on zoning matters, variances or land use permit applications, must base their decision on competent evidence. Letters will be received and filed but cannot,in general, be considered competent evidence unless personally presented at a hearing by a witness, subject to examination. Recordings of this hearing are available for reviewing or copying purposes at the Community Development Department,651 Pine Street,2d Floor-North Wing,during normal business hours- We are open continuously from 7:30 a.m.to 5:00 p.m. Monday through Thursday and the second and fourth Friday. Weare closed on the first,third and fifth Friday of each month. Advance arrangements may be made by calling 335-1210. ZA C.KUTSURIS,A.BHAT STAFF: R.HERNANDEZ PUBLIC WORKS: J.FARM M.MORTON CONTRA COSTA COUNTY ZONING ADMINISTRATOR FEBRUARY 24,2003 McBRIEN ADMINISTRATION BUILDING ROOM 107 PINE&ESCOBAR STREETS MARTINEZ,CA ***1:30 P.M.** NOTICE: The Zoning Administrator may alter the order of agenda items at the meeting. Environmental Impact Reports have been prepared for each of the agenda items indicated by an asterisk(*). I, PUBLIC COMMENTS: NONE 2. DETERMINATION OF EASEMENT RIGHTS: MS020013 SUBDIVISION: CONTINUED PUBLIC HEARING CONTINUED OPEN 3. JEAN HARRIS AND THE HARRIS FAMILY TRUST(Applicant and Owner); County File#0998350: PUBLIC HEARING TO The applicant requests approval of a Tentative Subdivision Map to subdivide the existing 4.25 acre site into 7 3/10/03. single.family residential lots. There are currently two. residences on the site.Development of (AMB) the subdivision and homes would require the removal of approximately 86 trees,to include the eucalyptus trees fronting the-property;and some oak trees.A variance is requested to at low for the proposed pair of 6-foot retaining walls in'a side yard with`a 0' setback where 15' is required (lots 6&7); and two 6-foot retaining walls with 0'setback where 25'is normally required(lots 4&5). A'variance is also required to allow for the use of 3' side setbacks where I5'is normally required for the house that will remain temporarily on lot 5. The subject site is located at 1944 Meadow Road in the Walnut Creek area. (R-20)(ZA: Q-14)(CT 3420) (Parcel#188-210-050)(Continued from 1/27/03:AMB). RMP LAND USE PERMIT: CONTINUED PUBLIC HEARING CLOSED PUBLIC 4. GREG AND SANDRA MOORE (Applicant & Owners), County File #LP012065: The applicant is HEARING,CONTINUED requesting approval for a land use pennitto allow an existing manufactured home as a second''residence on a TO 3/10/03. substandard lot. The subject siteis located at 7400 Johnston Road in the San Ramon area (A-20)(GP: AL) (CK) (ZA: V=21)(CT:3551.03)(Parcel#204-170=003)(Continued from 2/10/03: CK). DAB MINOR SUBDIVISION: PUBLIC HEARING CONTINUED OPEN 5. DEBOLT CIVIL ENGINEERING (Applicant)-TOM ARMSTRONG (Owner), County File#MS010010: PUBLIC HEARING TO The applicant requests vesting tentative map approval to subdivide a'.73-acre parcel into two lots,remove one 3/10/03. pine tree(24-inch diameter),and work within the dripline of 24 trees on the subject property and an adjacent (CK) property (#221 Shady Glen Road)for the installation of drainage improvements. Parcel"A will be 15,500 square feet and Parcel"B"will be 16,500 square feet. A variance to the average lot width will be required for Parcel"B", 73 feet proposed(100 feet required). The site is located at 50 El Camino Terrace,in the Walnut Creek area.(R-15)(ZA:N-14)(CT 3430.01)(Parcel#180-070-003). RLH APPROVED,DELETE 6. THOMAS & KATIJY BALDOCCHI (Owner), TOM BALDOCCHI (Applicant), County File#MS020009: COA#8. The applicant requests approval of a tentative map to subdivide a.57.95-acre parcel into Parcel A with a (CK) Remainder. The project site is occupied with a single-family residence and is located at 3921 Delta Road in the Knightsen area.(A-3)(ZA:J-28)(CT:3040)(Parcel#020-160-002). JO CONTINUED OPEN 7. TONY CALDERON (Applicant),JUAN &TERESA CALDERON(Owners),County File#MS020001: A PUBLIC HEARING'TO request to subdivide 0.27 acres into three parcels. The project site is a vacant parcel fronting on the south side 3/10/03. of Center Avenue between Deodar Drive and"C" Street approximately 800 feet west of Contra Costa Blvd. (CK) in the Pacheco area.(M-29)(ZA:H-13)(CT:3212.00)(Parcel 4125-071-012). CG Contra Costa County Page 2 February 24,2003 Zoning Administrator DEVELOPMENT PERMIT: PUBLIC HEARING CONTINUED OPEN 8. TONY CALDERON(.Applicant),JUAN &TERESA CALDERON(Owners),County File,#DP023034: A PUBLIC HEARING TO request for development plan approval for development of a three parcel single family residential 3/10/43. development on land zoned Multiple Family Residential, M-29,with the following variances: 1)Required (CK) parcel size minimum of 6,000 square feet, proposed parcels as small as 3;627 square feet; 2)Required front yard setback minimum of 25 feet,with a proposed setback as close as I I feet to adjoining public road rights- of-way;3)Required side yard setback minimum of 20 feet,proposed to be 5 and16=feet,excepting Parcel A with a I foot front yard to adjacent proposed private road;and 4)Required building height maximum of 20 feet for development within 50 feet of property zoned single family residential,2 story residences proposed to be 26 feet maximum height. The project site is a vacant parcel fronting on the south side of Center Avenue between Deodar Drive and"C"Street approximately 800 feet west of Contra Costa Blvd.in the Pacheco area. (M-29)(ZA:H-13)(CT:3212.40)(Parcel#125-071-012). CG LAND USE PERMIT: PUBLIC HEARIIgG CONTINUED AT 9. PHILIP EUBANKS (Applicant)— THOMAS/DeNOVA L.L.C. (Owner), County File, #LP012108: The APPLICANT'S REQUEST applicant requests approval of a Land Use Permit to allow construction of a cine-story 98,404 sq. ft. TO 3/24/03. distribution center for the Frito-Lay Company.The facility will consist of a warehouse,office and a vehicle (CK) maintenance garage. The project will be comprised of three phases (Phase 1 — 57,678sq: ft., Phase 11 18,167;sq. ft.,Phase III — 22,559 sq. ft.), located on a.graded 15.4-acre lot. The subject site is located northwest of the Highway 4/Willow Pass Road interchange,north ofwhere'Evora Road ends on the east side of the Contra Costa Canal,in the;Bay Point area. (LI)(ZA:F>16)(CT:3150.00)(Parcel#Portions of 099- 160-021 and 022). LV APPROVED WITH 10. JOEL AGNELLO(Applicant)—GRACJ `SERPA;(Owner) County File#LP022002. The applicant requests MODIFICATION TO approval-of a development plan/land use permit to construct a three-unit apartment building fronting Parker COA#4, 11,22,DELETE Avenue and an 11-unit apartment building in the rear of the site. The request includes a variance to allow COA#21, tandem:,parking and a driveway of 25 feet(28 feet required). The request also includes a permit to remove'9 (CK) trees. The site is located at 535 Parker Avenue,in the Rodeo area of West Contra Costa County.(R-8)(ZA; E-7)(CT:3580)(GP:MI)(ParcelM 357-140-034,035). KS APPROVED ON 11. ROBERT KINCEIELOE(Applicant&Owner),County File#LP022060: The applicant requests approval of CONSENT AS a second residence and a tree permit to remove a'cluster of Eucalyptus trees on 14.3 acres in the A-2 zoning RECOMMENDED BY district. The subject property's address is 4901 Briones Valley Road in the Brentwood area of the County. STAFF WITH (A-2)(ZA:N-23)(CT:3551.02)(Parcel ##007-020-021). LV MODIFICATION TO FINDINGS 11 B,C&F; MODIFICATION TO COA #1 &12. (CK) MODIFICATION: DEVELOPMENT PLAN: PUBLIC HEARING APPROVED WITH 12. GAGEN MCCOY MCMARON & ARMSTRONG (Applicant)»CLYDE MILES (Owner), County File MODIFICATION TO COA #DP023074: The applicant requests a modification to the Amended Final Development Plan (County File #2. #DP013061)to reconfigure the existing scenic easement by expanding the building,envelope for Lots 7 and 8 (CK) in Subdivision 7744. The subject site fronts on the north side of Legacy Drive approximately one-half mile north of the northern terminus of Las Quebradas'Lane,in the Alamo area.(P-1)(CT: 3461.02)(Parcel#193- 010-020). CM Centra Costa County Page 3 February 24,2003 Zoning Administrator **3:30 P.M.*** 13. PUBLIC COMMENTS: NONE DEVELOPMENT PLAN: CLOSED PUBLIC HEARING DENIED'` 14. FRANK MORGAN.(Applicant)>—FRANK&KIM MORGAN AND DAVID &;LORRAINE SIMPKINS (AMB) (Owners), County File##DPO23072: The applicant requests approval of an amended development plan to construct a private gangway to access an existing community dock.The proposed gangway would be located along the common property line between 1730 and 1740 Anchorage Way(Lots I I & 12 of Tract 6628), and as proposed, a request to amend the conditions of the final development plan to allow construction of the gangway, which encroaches into,the minimum 5'foot required side yard and 15 foot rear yard of each lot. The subject lots are located in the Discovery Bay area.(P-1)(ZA:N-28)(CT:3040)(Parcel#008-051--003& #008-051-002)(Closed for decision on 2110/03:AMB). MH LAND USE-PERMIT: PUBLIC HEARING APPROVED WITH 15. J.CARLOS ZEPEDA(Applicant&Owner),County File#LP022084 A request for approval of a land use MODIFICATIONS TO permit to allow the establishment of a second manufactured residence on a 12.9-acre parcel.The site address COA#4&5. is#5600 Sellers Avenue in the Oakley area. (A-3)(GP: AL) (ZA: H-26) (CT: 3020.02)(Parcel#020-040- 0) 001). RLH APPROVER ON 16. DOUGLAS PETERSON(Applicant and Owner),County File#LP022092: The applicant requests approval CONSENT AS of a land use permit for a residential second unit. This is an existing structure to be.converted into.a second RECOMMENDED BY unit that is located in the rear yard behind the;primary residence. The subject site is located at #1273 STAFF. Mountain View Boulevard in the Walnut Creek area. (R-15) (ZA: P-15)(CT: 3430.03)(Parcel#182-080- (CK) 018). DAB APPROVED ON 17. KENT& JENNIFER RANDALL(Applicants&'Owners),County File#LP022094: A request to establish CONSENT AS land use permit approval to construct a 859 square foot detached residential second unit. Subject property is RECOMMENDED BY addressed#21 Fallen Oak Lane, in the Martinez area. (R-40)(ZA: J-12)(CT: 3560.02)(Parcel#365-110- STAFF. 024). DF (CK) DEVELOPMENT PLAN: PUBLIC HEARING CONTINUED OPEN 18. WEST COAST'HOME BUILDERS INC. (Applicant & Owner), County File #DP013061: A hearing to PUBLIC HEARING TO consider architectural design of a proposed residence for Lot ,1 in Subdivision 7744 per Condition of 3/14103. Approval #11:B of amended Final Development Plan DPO13061. The subject site is located at 10 Legacy (CK) Court in the Alamo area,(P-1)(ZA:Q-15)(CT 3461.02)(Parcel# 193-010-018). CVM RECONSIDERATION: LAND USE PERMIT: PUBLIC HEARING APPROVED WITH 19. FAHRAD & SUSANN GHAEMMAGHAMI (Applicants & Owners) - ANDREW JOHNS (Appellant), MODIFICATION TO COA County File#LP022051:A motion for reconsideration by the Zoning Administrator of its decision to approve #12, a land'use permit and design review to allow the establishment of two additional 1,188 square foot (CK) manufactured residences on a substandard lot that is currently 'occupied by one single-family residence, located at#640 La Paloma Road,in the El Sobrante area. (R-7)(ZA:H-6)(CT:3630.00)(Parcel#425-072- 002): WN Contra Costa County Page 4 February 24,2003 Zoning Administrator PLEASE NOTE: THE -NEXT MEETING OF THE CQNTRA COSTA COUNTY ZONING ADMINISTRATOR WILL BE ON MONDAY' MARCH 10 2003 The Planning Commission and Zoning Administrator at hearing on zoning matters, variances or land use permit applications,must base their decision on competent evidence. Letters will be received and filed but cannot, in general,be considered competent evidence unless personally presented at a hearing by a witness, subject to examination. Recordings of this hearing are available for reviewing or copying purposes at the Community Development Department,651 Pine Street,2"d Floor--North Wing,during normal business hours.-We are open continuously from 730 a.m. to 5.00 p.m. Monday through Thursday and the second and fourth Friday. We are closed on the first,third and fifth Friday of each month. Advance arrangements may be made by calling 335-1210. 1 v � 144C4t tot- in If) in r I-- LLI tol -- - w w w w s x x x N �� tt.,. •~� OtbCOYERY bAY bOULEYARC ^�•a - r , lip to O LL f Sj } # W ° 5+0rjXfy IK Z WAY '' b ia3NS W a � �� CLI g R3 ! R! N •+ �, {11 ! ��� M't { k Ul w g w w CC VE y O GbiP N my 1 �k '- # R S S CC J G ,w J Oppb' RV! to b � � Z.t— r • � ® m a k # s � �, ac � u {i g h z0 V 06 S v• AttB, Ab3A00830�� r- 6'a W { I i rto o 9 a 1•, 4 Cypress Landing Homeowners Association Discovery Bay CA December 12, 200 County of Contra Costa Planning Department 651 Pine Street--4th, Floor Martinez, CA 9455 ' Re: CYPRESS LANDING HOMEOWNERS ASSOCIATION , Gangways Dear Planning Department: The Cypress Landing Homeowners Association in Discovery Bay, Board of Directors approved to allow waterfront homeowners to install private gangways from their personal property to the existing community dock. There are currently com nunitygangways that will not be altered in any way by this request. All homeowners (waterfront or not) would continue to enjoy the free` and unrestricted access to the dock. There are tnri~a ga7rtz,way thrat were installed- as .part of the;original development to allow access from the common area Ito the community dock. In addition two gangways have been installed. One is approved and recorded with the County under the .American Disabilities Act Y and is solely used by the homeowner who installed'it. The second is a private gangway that,is shared by multiple homeowners who all have recorded easements threw adjoining properties to access the shared private gangway.' The Association has approved two types of installations. The first would be installed directly behind the homeowner's property for their personal and private use. The second type, and encouraged would be installed on the property line dividing two adjoining 'properties. In this case, each neighbor will be required to record an easement granting each other the right to access the shared gangway on the property line. This will reduce the number of total gangways and the cost to individual homeowners. In both installations, property owners must follow the Association's guidelines and specifications for gangways including a recorded addendum to the original deed of title. Both types of gangway installations will require the following' approvals:-Cypress Landing Homeowners Association, Reclamation District 800 approval, Town of Discovery Bay, and the Planning/Building Department of Contra Costa County. Thank.you for your time and consideration. If you have any questions, you can reach Rosie' Rivera at (925) 687-1855 x27 or mail to Cypress Landing Homeowners Association c/o Homeowners Business Management, Inc.,Attention: Rosie Rivera at 1855 Gateway Blvd., Suite 340, Concord, CA 94521 Sincerely, CYPRESS LANDING HOMEOWNERS ASSOCIATION BOARD Of DIRECTORS PROPOSED SITE Deck 1730 Anchorage Sidewalk Levy Water Property Line Water Deck 1740 Anchorage Levy Dock F:1L7iscovery BaylPlot Plan Proposed dac - -- 2 5 7 3 , 3 ca z VIE CM-N]l M CK GANGWAYS 4. 4y.v .r 1,00"DIA.SS PIVOT SHAFT 2"Dik PIPE HANDRAIL .50 SPACING BETWEEN DECKING DECKING WITH TEXTURED SURFACE wbN END CONNECTION L FASTENERS-PIVOT PICAS OLLER SHAFTS'- 304 OUR STANDARD LIVE LOAD IS 75# PER SQUARE FOOT STAINLESS STEEL 2.50'DIA,SOLID RUBBER 100% WELDED MARINE GRADE ALUMINUM �f ROLLERS REMOVABLEHANDRAILS FOR EASY SNIPPING QUANTITY DEPENDS ON WIDTH STANDARD SIZES G-310 3'°X 10" GANGWAY G-410 4' X 1 C1' GANGWAY G-315 3` X 15' GANGWAY G-415 . 4' X 15' GANGWAY G-•320 3' X 20' GANGWAY G-420` 4' X 20' GANGWAY G-325 3' X 25' GANGWAY G-425 4' X 25` GANGWAY G-330 3' X 30' GANGWAY G-430 4' X 3D' GANGWAY 2 07 G-335 3' X 35' GANGWAY G-435 4' X 35' GANGWAY -340 3' X 40' GANGWAY G-440 4' X 40' GANGWAY WE ENGINEER, DESIGN AND MANUFACTURE OUR OWN GANGWAYS IF YOU HAVE ANY SPECIAL SIZE OR DESIGN 'CRITERIA, LET US KNOW WE WILL BUILD TO SUIT YOUR 'NEEDS. t I3omEowNERS BUSINESS MANAGEMENT INC H O Al T' 0 15' N-C it A S N 0 C 1 A T 1 0 N M a-N.A (; li AI I N "f. November 19, 2002' Mr.;& Mrs. Frank Morgan 1730 Anchorage Way Discovery Bay, CA 94514' Re: CYPRESS LANDING HOMEOWNERS ASSOCIATION 1730 Anchorage Way Dear Mr. & Mrs. Morgan: I am pleased to forward a copy of your approved Architectural Application to install a gangway to be owned with 1740 Anchorage Way at the rear of your home as presented on the attached application contingent upon a copy of the title including the gangway is received' once recorded. The application_will be placed in your unit file for future reference. Your patience' and cooperation in this process>is greatly appreciated. If you require additional information, or have any questions 'regarding this letter, please do not hesitate to contact our office at (925),.687-1855 x27. Sincerely, HOMEOWNERS BUSINESS MANAN'GEMENT, INC: Rosie Rivera Association Manager cc: Unit File I y 1555 GiAHI AI, 111 Vn,SUI F1, 40(:ONc iiku,C.:C.944-20 1)2S.6,1,7.155n E925a)S7 0.',32 Recording requested bv. 09/13/02 And when recorded mail to: RECLAMATION DISTRICT NO. 800 P.O, BOX 262 DISCOVERY BAY, CA 94614 GRANT OF EASEMENT' OR RIGHT OF'ENCROACHMENT AND RESTRICTIVE COVENANT The undersigned,being all of the owners of Lot f ,Tract (Contra Costa County, California)do herby grant to ArJ 1 _f 't ', the present owner(s)of Lot - ,Trac` �6,2 (Contra Costa County, California)and the successor owners the perpetual right to: Construct and maintain a'gangway (ramp) on or behind Grantee's lot,which will extend half the width of the gangway on each of the above properties. The extension from the common property line of the above lots shall not exceed three feet: Grantee agrees that no obstruction placed on or alongside of the gangway on Lot , shall impede the free and unrestricteduse of the gangway or encroach over the property lute of Lot The Grantee and the Grantor shall have fifty percent(5Oofo)ownership of the gangway and share at the same rate,the repair, and maintenance costs. This covenant is made by the Grantee and binds Grantee's heirs, successors, assigns, and permitees:' The rights granted herby concern the use of said Grantee's lot and shall run with the ownership of the same. The above restrictive covenant runs to the benefit of the adjoining property owners,and Reclamation District No. 800. Dated: - Grantor: S. �/ff rpt) Dated: 17 - Grantor: (Print) Dated: 1 '_ �,F j Grantee: - -- ---- (Signed) _ (Print) Dated:, 1 C y o Grantee: 4'gledl) J , o` Grantor(s) and Grantee(s) must be notarized. (Print) STATE OF CALIFO �y y COUNTY OF :�Z'J ►�� " �47i I On t _ L(J i V befor =, Elizabeth J. S ooys personally appeared I { )personally Mown to me—OR— roved to me on the b f satisfactory evidence to be the person(s)whose names) i �subscribed to the within instrument and ackuow dged to l me that helshe ne executed the same in his/her/ eir thorized ! capacity(ies),and that by h sJher tr ignanue(s)on the instrument the person(s),or the 6-nTtry upon behalf of which the ELIZABETH J. ���$ person(s)acted,executed the instntment. COM%j.#1348526 r� o t4OTARY PLIDLIC-CAUFORNI l SS my hand and official s CONTRA C05TA GOluNTY 0 1 CQMiuS,EXP.MARCH 26.2003'b / f ('Phis area f o£ncial notarial seal) DESCRIPTION OF ATTACHED DOCUIdIENT DESCgPTION OF DOC T(OPTIONAL) STATE OF CALTFOF_NII � i COUNTY OF on ,before me, - personally appeared J <P1V'F--1/us � Lo !'`t-jl � ( )personally known to me—OR'—( )proved to me on the bas�atisfactory evidence to be the persons)whose name(s) is are scribe the within instrument and ac"edged to me that hefsheexecuted the in his/herlf.;=iAuthorized capacity(ies),and that by hislh. Ittte" signatures)on the instrumdnt the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. i t3 ty r, ELIZA$ETN J.ST(�OfS S my hand and offici )+ COMM.ik 13-08526 f NOTARY PUBLIC-CALIFORNIA CONTRA COSTA COUNTY 0 " r COMM.EXP.MARCH 26,2006 j ('Phis area for offi al notarial seal) DESCRIPTIO OF AT TAGIiED DOCUMENT 17ESC TION OFDOC T(OPTIONAL) Recording requested by. 09/131G2 .And when recorded mail to RECLAMATION DISTRICT NO 800 F.O. BOA' 262 DISCOVERY BAY,CA 9451 GRANT OF EASEMENT OR RIGHT OF ENCROACHMENT AND RESTRICTIVECOVENANT The undersigned,being all of the owners of Lot / ,Tract 6- 2 � rr1l��tr15 y grant r'� Jca'21 p (Contra Costa County, California do herb ant to. �uL: ��r �'�'�' the resent owner(s) of Lot // Tract -2 9' — (Contra Costa County, California)and the successor owners the perpetual right to: Construct and maintain a gangway(ramp)on or behind`Grantee's lot,which will extend half the width of the gangway on each of the above properties. The extension from the common property line of the above lots shall not exceed three feet. Grantee agrees that no obstruction placed on or alongside of the gangway on Lot �� , shall impede the free and unrestricted use of the gangway or encroach over the property line of Lot ' The Grantee and the Grantor shall have fifty percent(50910)ownership of the gangway and share at the same rate,the repair, and maintenance costs. This covenant is made by the Grantee and binds;Grantee's heirs, successors, assigns,and permitees. The rights granted herby concern the use of said Grantee's lot and shall run with the ownership of the same. The above restrictive covenant runs to the benefit of the adjoining property owners,and Reclamation District No. 800: Dated: /2 "" 02 Grantor: —'""--- ./�"%�'/3i'-✓h ,/moi[i�tGa✓9 t Dated: `L��' U d, Grantor: 1 (stVi,d) (print) Dated: 1Z D Grantee: Dated. _ 2- (Sigried) GoyykIK7cl�is Grantor(s) and Grantee(s) must be notarized. iPrmt) STATE OF CALTFt — COUhT 'OF n— r, tLI —,before= Elizab �h J. SL-acar)s Pe soQaily appeared ` __ Y__ ! L) t ( )personally dawn to rue—C3 t- jTrroved to me on the bass' of satisfactory evrdcnce to be the person(s)whose names) ar subscnbcd to the within instrument and ac mowledpd to m that he/sh the executed the s in his/hc e authorized capacityEies),and that b}hisftte etc- siguature�s on the inst uratnt the person(s),or the eat ry upon behalf of which the person(s)acted,c=cuted the insmnnent 11 ELIZABETH J.STOOPS ru hand and offici s`al. (} ct�no.# 134B52b y ( sea NOTARY PMC_CALFORN1 ' CONTRA tOSfA COUNTY I ; COMM.EXP.MARCH 26,2t)(6 . i (Ihzs a for official notarial sea]) DESCPJ?nON OF ATTACHED DOCUMENT DESCP PTION OF DOCUMENT(OPTIONAL) STATE Y CAI.T P_ftA&� COUNTY OF } ,{ �^ before roc, t��� G ,?� Personally appeare(L `� �� . r ( )personally Imown to —OR- roved to me on the basis �s�atisfactory evidence to be the person(s)whose name(s) is bscaibe the within instruurcnt and acku wicaged to Me:That lie/sh t3icxecuzed the las/herlf authorized capacity(ics),and that by Mas/he tlu gn fure(s)on the insm=nt the person(s),or the entity upon behalf of which the person(s)acted,exccumd the insmuncnt. S my hand and official s j,, ELIZABETH J. STOOPS CON IM#k 334852 I ,@ + 'NOTARY PUMI -C UfORNIA C©NTi�A COSTA COIL NTY C1 � .{ COMM.EXP.MARCH X 2U.& (This area for official otarial seal) DESCRIPTION OF ATTACHED DOCUMENT DE.SCIt pf bN OF DOCUh ENT(OPTIONAL) PERMIT RECLAMATION DISTRICT NO. 840 . 4D DISCOVERY BAY RECLAMATION AND PERMIT DRAINAGE MAINTENANCE DISTRICT LOT: ter TRACT; �. ADDRESS: t �; /)-ry Shu{ P.O. Box 262, BYRON, CA 94514 (510) 834-2351 OWNER: MD BUILDER; Please accept this as approval from the above Districts to proceed with construction of your House Deck Derck, (Other) Plans. The approval granted herewith is subject kthe following; That no structural wood members be used below elevation 8.2 MSL, other than treated piles. Thatquarry stone;riprap be installed to provide slope,surface protection.. The riprap must extend from election minus (-) 2,0 MSL to elevation 7.0 MSL along the entire Slope Control Area. That finished floorelevation be at least elevation 9.2 MSL. That quarry stone riprap be carried to the top of slope due;to the coverage of the deck over the slope. That styro€barn,fiberglass or concrete floats be utilized for floatation. That all irrigation, precipitation and other on-lot surface flows be collected and conveyed to the bays and lakes without wetting of the Slope Control Area. Interior Lot. No special requirements. --' Review for negative impacts only. No fee. Note: Reclamation District Elevation Control Easements (R.D.E.C.I .)are for the purpose of maintaining,a minimum ground or structural elevation. All structures or other encroachments within this area may from time to time be required to be removed by the owners or at the owner's expense: Slope Control Areas (S.C.A.) are subject to erosion from wavewash tidal action, surface runoff,floodflows and other sources and are subject to instability due to tidal action,vegetation, rodents,varying soil conditions, and varying water conditions. The Slope Control Areas require continuous access for maintenance and therefore no principal structures should be placed thereon. All structures or other encroachments within this area will from time to time be required to be removed by the owners or at the owner's expense: Reclamation District No. Boa's approval does not include review or evaluation of the adequacy of the structural design. The applicant should engage appropriate engineers, contractors,and other experts to analyze available information and/or conduct test upon which to base conclusions and to determine the actual conditions to be encounteredand to design and construct the structures as appropriate. Lateral earth pressures associated with slope movement as well as vertical loads should be considered. Design should include provisions for collection and conveyance of irrigation, precipitation,and other on-lot surface flows to the bays and lakes without wetting of the Slope Control Area. Decks and other structures located on or near the slopes and water areas are subject to differential movement both in the horizontal and vertical direction. Design and use of lightweight concrete and other rigid deck coverings should anticipate more noticeable reflection of movement in the form of cracking and gaping. The owner assumes all risk of damage or loss to the structures permitted hereby and agrees to hold Declamation District No. 800 harmless with regard to any such damage: This permit is conditioned upon proper execution and recordation of the Reclamati istrict N91800'Covenants, Release and Indemnification document. )ate Issued: I x--10 l 0 "x IS Itt WANA R; RECLAMATION IC 800 (Revised March 30, 1995) 2q`a�N lj C7 n 4Z J 27 7 77 f Ma0alt{ Urjj 489 IvanaOs!p J4 UMO_.(g tmv 009 'ON 10PIsIC] uoi��zue1aa� (Z pr ax n�slaalzxra4Xzt CYt ,���r.,,sr ;t1ci)uttzr.,aad ploq m s�,,a.n pun Ar;:� oq p^,),II;.unj saattp1u)s uoja!0ossv,sjaunnp atuoH buipue-j ssaadAo [c-ljuo.-) odoj c. ) JO, `0131";3M MW!111 9011,31 1i,. 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X Yes El No If you answered`No'please tell us in which City it is located. City Please cheat all of Lh�dn that µ: °`�t}6'1.1;-t-�✓l-# ` lit want to obtain a ItIznee(i.e.Addition,Elect.,Water Heater,Plmb.'Re Roof) I am the(Circle on 3s ner or ontractor Contractor's O If your building pen-nitrequestccis subject to a planning permit(i.e.small lot review,variance,etc) what'is the file#? File C�I.-I yoking for Zonin' lana' Information ❑ I am making a Planning Application Submittal for: Type: Minor or Major Subdivision Development Plan Small Lot Review Lot Line Variance or Land Use Rezoning Application Extension Certificate Of Tree Permit �X Other 13 I need to see Public Works Department representative regarding: y Permit: Road Encroachment Flood plain Flood Control Erich. Drainage Transportation Road Closure House Move Iv Information: Floodplain Other ❑ 1 would like to see a representative from Redevelopment,Fire or Health Department(Circle one) b� Q Document Request (i.e.Purchasing a General Plan,Title g&9(Subdivision.Ord.) ❑ Other IN Y b �6. '�,fir' „� ��g�x R."'x-' �"r- '' 3x��e-�� ���x -�.Fa—' sF�:•�;- � .-��5."•,_`�a��"H:...:)i'� Planning nvo ENG 4/17!41 CARLOS BAI.TODANO,DMCTOR APPLICATION PER2�-4I CENTER 651 PINE STREET 2M'FLOOR N.WING MARTINEZ,CA 94553-1295 CONTRA COSTA COUNTY APPLICATION FOR PERMIT PERMIT CODEJNO: TYPE PCL NO: TRACT: CONST: NEW: ADD'N. ALT. MOVE: LOT MPR GRADING PLMB ELE.0 MECH LOT MPR FEE FEE FEE LOT MPR LUT MPR VALUATION LOT MPR LOT NTR TERMITE RE ROOF L-O CATION SOLAR Cs' STREET ADDRESS _12-SO f*- ;;5 Lt,),4x FIRE-REPAIR CROSS STREET A n 7-AK OTHER CITY(AREA ZY'Scoo!F ZONE SET SIDE YD AGG REAR YD GRADING;CU. YD. N0.STORIES _HEIGHT SUPERVISED PARK DED SCHOOL DIST SEISMIC ZONE FLOOD ZOITE ENERGY PKG. OWNER f- Z/40 A1&j7INFOPMATION REQUIRED TO BE ON FILE Com' ADDRESS /7.3D 1. AUTHORIZED SIGNATURE ON IFTL.E PHONE NT-TI BER 2, WORKERS COMP.INSURANCE ON FILE ('}d-N�7 7-� 3. CALIF.CONTRACTORS LIC:CURRE'1 T7 RACTO V1 LICENSE CLASS &NO. DOCUMENTATION 1. 3 or 4 COPIES OF PLOT PLANS PHONE NO. 2- 3 or 4 SETS OF CONSTRUCTION PLAN 3. ENERGY COWL.DATA ON EACH LOT ENGINEER 4. HEALTH DEPT.&/OR SANITARY CLRNC. LICENSE 5. DRAINAGE FEE AREA 6. GRADING PAD CERT)SOIL REPORT BRIEF DESCRIPTION OF JOB: 2, TO FOR INTERNAL T.ISE: DESCRIPTION OCCUPANCY SQ.FT. SIG (O NNTERlAPPLICANTT) PLA_N'NII\TG DEPT. SIGNATURE- DATE IGNATUREDATE / "aJ'L'`" DATE ENG 5/9roi CONTRA COSTA COUNTY APPLICATION AND PERMIT CENTER PROJECT SUBMITTAL FORM Note: For projects on the same property, and on the same plan', customer only needs to submit one(1) Project Submittal Form. FOR CUSTOMERS USE ONLY PleasePrint Applicant#Name1 ✓ Jrtl Pro}ect Address �> , USC : "L l ,. � Assessors Parcel Numbers(s) Contact Person t f� Telephone Number 9'25 3G� .:- " s ; FAX Numbers 4 FOR APC STAFF USE ONLY A. TYPE OF PERMIT (Check At Least One)`' AD---Grading? — 'AL — GL — OF---Grading? RR ` _.__ AU — GS P CT _ `CA---Grading? HE PL — CG IN---Grading?` PZ —CO _ M _r R---Grading? CP _ MA RH — CR MC RP - Q MH RT E _ Ml---Grading? _ S---parading? EC _ MP SIJ — FD MR---Grading? _ SP — G MV---Grading? T B. CONFIRMATIONS Check LIS _ School Receipt Required San Ramon.Fire District ` Identification .._ Owner Builder 1 Farms � 'License Number Contractor Check Authorization — 'Argent Authorization _ Power of Attorney — Articles of Incorporation Checked Expired Permit Box .._ 'Deed (Recorded) PROJECT SUBIAMAL FORIVLREJ.5/21/02 .............................. .................. ............................ ...........- ....... ............................................ ....... . ........... C. CAPS NUMBER D. Documents Required for Plan Review with Permit Application. (Circle One) A. Plans Yes No N/A (3 or 4 sets) B. Energy.Calculations Yes No N/A (2 sets) C. Soils Report Yes No N/A (2 or 3 sets) D. School Receipt Yes No N/A E. Structural Engineering Calculations Yes No N/A F. State Approved Plans (Mobilehome, 3 sets) Yes No N/A D. Additional Information/ Remarks: E. Required Approvals. o Community Development Department (Planning). o Sanitary District o Environmental Health Department u City Approval Plan Checker's Signature Date Plan Checker's Signature Date Plan Checker's Signature Date PROJECT SUBMITTAL FORM.REV.5/21@2 Dennis M. Barry,ACCP Community Contra Community Development Director Development Cost Department Count County Administration Building' 551 Pine Street 4th Floor,North Ming Martinez,California 94553-0095 Phone: (925)335-1210 as December 18, 2002 Frank Morgan 1730 Anchorage Way Discovery Bay, Ca 94514 Dear Applicant:' This letter is to confirm your recant submittal to our department of application for a Development Plan. Your application has been assigned County File Number DP023072. Please refer to this number whenever you communicate with us concerning the application. Your application is currentlybeing reviewed for completeness. You will be notified of the result of that review by letter within the next 30 days. 1 have been assigned to work on your application. if you have a question, desire information, or have any need to contact us concerning the application, please feel free to call me at (925) 335-1210 for assistance. If you wish to discuss your'application in person, please call for an appointment first. i am only available for meetings during limited hours. Sincerely, 2 ��Vl Mike Henn Project Planner cc: DP023072 same Office Hours Monday - Friday 8:00 a.m. 5:00 p.m nn,h month ... Dennis M.Barry,AlCP Community Contra pme (, Community Development Director DevelopmentCOSic Department County County Administration Building 651 Pine Street ; 4th Floor,North Wing Martinez,Cali€omia 94553-0095 Phone: 925-335-1210 January 29, 2003 Frank Morgan 1730 Anchorage Way Discovery Bay, Ca 94514 Dear Mr. Morgan: On December 12,2002 youfiledan application for a development plan permit. Apublic hearing before the County Zoning Administrator, at which time your application will be considered, will take place on Monday, February 10, 2003 at 3:30 P.M. at the McBrien Administration Building Room 107 at Pine&Escobar Streets in Martinez, Califoinia. Either you or your representative must appear at this hearing to present reasons why your application should' be approved. Your failure to be represented at the scheduled hearing may result in a continuance of the hearing'or even a denial of the project if you are not;,: present to rebut objections raised concerning your application. Your application may be eligible for consideration on the consent calendar if you have no objections to the recommended conditions and if no public testimony is anticipated.' .After reviewing your staff report (which should be received no later than two days after receipt of this letter), please call me at (925) 335-1204 to discuss whether your application should be placed on the consent calendar. In addition, if you have any questions concerning the forthcorlring hearing, or do n of r eceive y our s taff r eport,please d o n of hesitate to call. Sincerely yours, DENNIS M. BARRY, AICP Director of Community Development By: Mike Henn Project Planner cc: file# DP023072 Office Hours Monday- Friday: 8:00 a.m. -5:00 p.m. llffi n is rrtncatl thc= i ct 'In-1 R rith Fridiv� nf PArh mnnth DennisCP Community Contra Community Development n# Director Development Costa Department Coin County Administration Building, 651 bine Street 3 4th Floor,North Wing ''± ' Martinez,California 94553-009 Phone: (925) 335-1210 March'6, 2003 Frank Morgan 1730 Anchorage 'Way Discovery Bay, Ca 94514 Dear Mr. Morgan This letter acknowledges receipt of your letter of appeal dated March 6, 2003 for application DP023072,°which was denied by the Zoning Administrator at the February 24, 2003 hearing. Requested Pa3ment of$50 Pasting Fee In the event that the County ultimately approves this project, an approval may be subject to legal challenge. The legal exposure can be reduced by the timely posting of a Notice of Exemption (from the California Environmental. Quality Act). The Notice is posted by the Community Development Department following a final project approval decision. Pasting of a Notice of Exemption will allow for a 3 -day statute of limitations period for filing a legal challenge against the project. If no Notice of Exemption is posted, then the'statute of limitations for filing of legal; challenges against the approval extends 180-days from the project approval date. In order to be in a position to post a Notice of Exemption at the earliest possible date, the request payment of a $50 posting fee to cover the charge of the County Clerk's office. Cheeks for the $50 fee should be made payable to the County of Contra Costa and submitted to the Community Development Department with the other requested materials. Office Hours Monday-Friday: 8:00 a.m.-5:oo p.m. Office is closed the 1 st; 3rd &5th Fridays of each month Your appeal will be heard by the East County Regional Planning Commission. This office will notify you, by letter, when the appeal has been scheduled for hearing before the East County Regional Planning Commission. You should be aware that you or your representative should be present at the hearing. Provision of Copies of Document in Notebook In addition to your appeal letter, you provided us with a notebook of documents. If you would like us to provide copes of the notebook document to the Planning Commission, we request that you produce and submit five (5) additional copies of the document yourself, and submit them to the project planner. Alternatively, we may be willing to produce copies for the Commission, but the reproduction would be at the County rate and charged to your account. If you have any questions regarding this matter, please contact your project planner, Mike Henn, at (925) 335-1.204. Sincerely yours, Alf Robert H. Drape Principal Planner MH/kp cc: Michael Henn Town of Discovery Bay Public Works Attn: Heather Ballenger File Computer 2 Contra Public Warps Department Maurice M.Shiu Public ZNorks Director Costa 255 Glacier Drive R Mitch Avalon f--IDeputy Director Martinez,CA 94553-4825 Telephone: (925)313-2000 Julia R.Eueren FAX: (925)313-2333 Deputy Director Website:iv%,.tw.co-coiitra-costa.ca.us/depai,t/p%.%, March 4, 2003 Patiicia R.McNamee Deputy Director Frank Morgan Dear Mr. Morgan, Per your request I have reviewed the improvement plans for subdivision 6628. The typical section for Anchorage Way shows a 50-foot in width right of way. The dimension from the face of curb to the westerly right of way Line of Anchorage Way is nine (9) feet. Per the recorded map of subdivision 6628 filed in Book 297 of Maps at 'pages 1-6, the dimension for Lot 12 is one hundred seventeen (117.00) feet westerly of the right of way line of Anchorage Way. Very truly yours, Ray Zwemmer Deputy County Surveyor RZ:mm G:1GrpData0esignlRAYZ\Itr Frank Morgan.doc;` Frank Morgan +rom Gus Kramer fgkrarn assr.co.contra-costa.ca.us] _4ent; Wednesday, March 05,200312:53 PM To: Frank Morgan Subject: Re: Private Gangways interesting question.....fiat i will not answer the question as the county assessor..... but as a licensed real estate professional with over 29 years of experience in appraisal and real estate transactions!_ also'i have served 9 years as a.planning commissioner for the city of martinez.....any ' 1 mprovement in your,access to the water or water related recreational cl-ditips.-wilt add resale value to your,proper „ a �a� Waftw.3 44k,V ° ur-neipboM Roth on the water and inland will benefit from any increase in"your resale value:....it's the whole basis for which comparable sales thoery is based ...............any questions please call or e-mail...gus kramer __Original Message---- From: "Frank Morgan"<fmorggsd.co.contra-costa.ca.us> To: <gkramimassr.co.contra-costa.ca.usy Sent: Wednesday, March 05,200312:32 PM Subject: Private Gangways > Hi Cllr. Kramer; > Bark Gilbert recommended I get your opinion on the following question: } > I live at 1730 Anchorage;Way, in Discovery Bay(Lot#12 per the recorded nap of subdivision 6,628 filed in Book 297 of Maps at pages 1-6) and am trying to >get approval from Contra Costa County to install a private gangway in my > rear yard,to a common dock that has a easement to be on my rear property > line,Their are 97 homes in the Association development and some of the "Off >Water"homeowners are concerned that if I install the private gangway from • my home to the commondock,their property value will go down. >As the Contra Costa County Assessor, Can you please give me your opinion as > to what-effect the"off Water"homes would experience if my"waterfront" > home value went up because of the direct access from my home to the common >dock. > Your quick response would be greatly appreciated. > > Thank you! > Frank Morgan 1 SEP 9 au? S.pec�fic ut lines for Homeowners Association approved walkway/gangway to community dock. 1. Private walkway/gangway must closely resemble the existing community walkways. A. Structure must be made out of galvanized steel or treated aluminum; no wood ramps will be approved by the homeowners association. B. Structure cannot be painted, it must remain the original steel or al'anninum color. 2. Private walkway/gangway must have a locked gate of the homeowner's end of the ramp as�as���'e�aiidrail. 3. Private walkway/gangway flooring dimensions must be no less than 3 feet/ 36 inches or no greater than 4 feet 148 inches in width. 4. Private walkway/gangway rail dimensions must be no less than 4 feet or no greater than 4 feet high. 5. Private walkway/gangway must have high quality robing wheels to compensate for tide changes. 6 P'ffi wallcway/gangway must rest on added flotation as to not impede current dt}c S wa�tN3y• A. Floatation must be no less than 4 feet wide no greater than 4 feet wide. The floatation must be no less than 8 feet long no more than 10 feet long. B. Floatation must have 45 degree galvanized angle supports. C. Floatation must be thru bolted or lagged to existing dock; D. Flotation must consist of pressure treated 2x6:and 3/'inch marine plywood: E. Floatation must consist of at least (2) 3x4 polyethylene floats. 7 Each hk,` er c 6�9p M64' innafa pnvatea»a /gang vay must 1 {1,000.00 urnbi-ella olicy on current insurance policy at the listed address 8. *Please see additional diagrams for requirements. 9. Cypress'Landing Homeowners Association Application for Architectural , Committee Approval and Agreement must be submitted and approved before the contract start date. Approved vendors: California Boat Lift Sales, Tom Judge: 925-360-LIFT. Docks&Decks, Bob Anderson: 925-634-312$ 01 SHARED RAMP PROCEDURES 1. Request an"architectural approval application"and a copy of the"approved gangway specifications"from the Cypress Landing Homeowners Association. To do this, contact Rosie Rivera at Homeowners Business Management Inc. 2855 gateway Blvd., Suite 3411 Concord, CA 94520 (925) 687-1855 Ext. 27 Fax(925) 687-0332 E-Mail rosiest ibmeorp.com 2. Make a copy of the application, one for you and one-for your neighbor that will be sharing the gangway. Both property owners must complete an application(see attached sample) and return both signed and dated applications with the following paperwork for:approval by the Cypress Landing Homeowners Association Board of Directors: r Drawings of the proposed gangway that shows all dimensions and materialsused to construct the gangway. A Drawings of the proposed deck extension that will support the gangway: Show all dimensions, connections to the existing dock,materials used, and tyke of flotation. (See the attached sample). p Buff drawings of the"Existing Site"plan(see attached:sample)for both properties involved in the request This drawing should'show the common property line,bath homes, and the addresses of both properties. No dimensions are needed on this drawing. Drawings of the"Proposed Site"plan(see attached sample)that shows all dimensions, setbacks,dock extension, gangway, and locking gates at the top of the gangway for each property with access to the gangway. The drawings must also include the addresses, lot numbers, and track numbers for both properties. 'Profile" drawing(see attached sample)that shows all dimensions, connection of gangway to levy and dock, lot number,track number, and address of the property owner that will be applying for the County permit,: 3. After the Cypress Landing Homeowners Association, Board of Directors reviews your request and plans; you will receive a letter notifying you of approval or of any corrections that must be made to your request before approval can be granted: 4. Once you receive an approval from-Cypress Landing Homeowners Association, you will need to have a "Grant of easement"(see attached samples)notarized for EACH property involved. One form grants your neighbor an easement and the other form grants you an easement from your neighbor. Both Grantee and Grantor must sign in front of the notary on both forms. (The cost to have these forms notarized at the North American Title Company in the Discovery Bay shopping complex, was$10.00 per signature, which totaled $40.00 forty dollars for each property). 5. Make four copies of each notarized easement and attach them along with four copies of your Cypress Landing Homeowners Association approval letter, to four copies of your plans (Plot Plan and Profile Plan with dimensions on paper that is at minimum, eleven by seventeen inches in size (this is so that there is room for the different agencies to stamp your plans). 6. Present the ALL FOUR packets of plans to the"Reclamation-District No. 800". Upon there approval,they will stamp all four of your plans and will take care of recording your easements with the County Recorder for a fee of$20.00. They are located at: 1540 Discovery Bay Blvd., Suite"A" Discovery Bay, CA 94514 (925) 634-2351 Fax: (925) 634-2089 Email: jdc@dbaccess.net 7. Reclamation District No. 800 will keep one packet of plans and you need to take the remaining three packets of plans to the"Town of Discovery Bay"office. The Town of Discovery Bay office will check to make sure your plans do not interfere with any underground piping or utilities. Upon there approval,the Town of Discovery Bay office will also stamp your plans (all three sets) and sign off on them(the Town of Discovery Bay office will not keep any plans). There is no fee for this but the office is hard to find if you have never been there before. They are located on the South side of Discovery Bay Boulevardbetween the addresses of 1030 and 1035 Discover Bay Boulevard. From the street it is just a driveway entrance that leads to there office. 8. Contact any Cypress Landing Homeowners Association Board Member to initial your plans in the box provided by the Reclamation District No. 800. President Tony Pimp Daddy(925)xxx-xxxx 9. Take all three packets,of approved plans and accompanying papers to the Contra Costa County Building Inspection Department to apply for your building permit. They are located at: 615 Pine St.,4`a floor of the North Wing Martinez, CA Community *+ Dennis M. Barry,ACCP Contra Community Development Director DevelopmentC:USS DepartmentCoLjnl- .ry County Administration Building' 651 Pine Street 4th Floor,North wing Martinez,California 94556-0095 Phone' $>�-f-" . 925 10 Felbruai'y 25. 00 Mr. Frank Morgan 7-11 A,71t YSf`I-IG'i: lir Discovery.day,CA .. .l e.ar.'lr. Morgan: Re: Zoning Administrator DeDial of Development Perwit Applicatiov File #DP0230 7?' -P posed Joint gangway,E iscov�ery Bay axe: This E::izi iizfi10liU; 06/17/2003 88:13 FAX 9258205592 HERDING & WEIL 2001 HT, 1 ATT0RWEYS ' A. T, LA-W FACSEWLE TRANSMTTAL Foram. David J.Larsen,Esq. plate: June 1,7,2003 D&'W'Matter#: 4104-01 Total Pages: 6 Fax Number: Recipient's Dame 925-687-0332 Board of Dimaors Cypress Landing Homeowners.Association c/o Rosie Rivera Homeowners Business Management,Inc. Re: Private Gangways Comments: Please review the attached correspondence which is in final farm.. Tbaulc you. Problems receiving this fax?Dial(925)838-2090 and ask for Maree A.Kingen This document being faxed is intended only for the individual or entity to which it is addressed,and may contain Information that h.privileged,confidential,and exempt from disclosure under applicable taw. If the reader of this m"SW Is not the:lateuded recipient,or the employee or agent responsible for delivering the message to the intended recipient,you an hereby notified that any disselofnation,distributiba©r topying of this communleation is strictly Prohibited. If you have received this communication in error,please notify as Immediatoly by telephone and return the or gWAl message to as at the below address via the U.S.Postal Service. 3240 Stene Valley Road west+Alamo,Celifk)mia 94507 a 9251838-2050+FAX 925/820-5M 0$/17/2003 08:14 FAX 9288205592 BER?ING & WEIL 0002 ATTORNEYS AT LAW www.bordin g-w eT l.coni DAVID 1.LARSEN dlmen@berding-w6l.aom REPLY To ALAmOFFics June 17,2043 " A MGM-AR MAEL ANIS►EAC—MMEAVAIN87-433 Boardof Directors "Cypress banding Homeowners Association c/o Rosie Rivera Homeowners Business Management,Inc. 1855 Gateway Blvd., Suite 340 Concord,CA 94520-°3283 Re: private Gangways Dear Board Members; You have a kkrA whether the Board may allow the construction of private gangways that access a common area dock. That is the subject of this opinion.letter. BalrQa�rC The Board has allowed the construction of private'gangways to access a common area boat dock which also has membership;access. In fast, it has developed Association Guidelines with respect to private gangways. Currently,there are three private gangways serving a total of eight private housch lds, and three membership gangways that are accessible by all Association members,their guest and invitees. One member of the Association claims Haat the Board has no authority to allow individual members to arrange construction of these private gangways. In order to determine whether that claim is correct,the Board has requested this opinion The preferred type of gangway consists of a ramp walk-way that rolls back and forth as the title comes in and out. In order to avoid the ramp wheels taking up space on the common area dock, an appendage is added to the common area clock which acts as a landing for the 140 Hoary Street 23.19 Cold Meadow Way 6909 E.arecnway Parkway .1240 Stone valky Road Weg Ninth floor Suite 220 Suite 245 Alamo,CA 94507--1353 San Frpnci%ca,CA 94108.5610 Sacramento,CA 95670-4443 Scotudalc,AZ 35254 Tolephonc:475.8181000 Telophonei 415.782.2680 Telephone!910 851,1910 Tolaphone 40.9227357 Fax:92.5.820 5592 F4c:415.732.2576 f1m:910.851,1914 Eat:480.922.7737 06/17/2003 08:14 FAX 9258205592 BERDING & WEIL Q003' Board of Directors Cypress Landing Homeowners Association June 1 7,2003>. Page 2 private,gangway. The ramp wheels roll back and forth on the private landing or appendage rather than on the conunon area dock. Aar�lysis' This matter essentially involves the interpretation of the CC&Rs, The primary,questions are: (1)whether the addition of the appendage to the common area dock constitutes an alteration of a common area improvement; and if so; (2) whether the Board can authorize a member to enter into a contract to alter improvements situated in a common area. .Is A.naendage an Alteratltin of a Common Area Imnrovemen# The prohibition states- "(0)nly the Association shall ...alter any improvement situated upon the Common Area. While the dock itself can be construed as an improvement upon the common area, the appendage is on (or in this case over) private property owned by a member of the Association. However, the fact that the appendage is attached to the common area dock, which dock is itself located upon (or in this case over) common area, lends credence to the argument that attaching the appendage constitutes an alteration of an improvement situated upon the common area. Is thl Awd AWAMEW tO 1 It WMAffs ja Enterhto Contracts to After Common Area 1'mor{ovementsP Section 4.4 of the CC&Rs states.' , . There shall be no obstruction of any part of the Common Area.. Nothing shall be stored or Rept in the Common Area without the prior consent of the Board. No alterations or conditions to Common Area shall be permitted without the approval of the Board. . . . " Based on the above-language, it is logical to conclude that a member may contract for alterations to common area improvements,once he or she obtains permission from the Board. Recall,however,that Section 5.2 states: .`Except ars provided in Section 5.2.3., below, only the association shall construct, reconstruct, refinish or alter any improvement situated upon the Common Area. A proposal for any construction of or,alteration, maintenance or repair of an ATTORNEYS AT LAW WW%V 1f CTding-wt+ii.rOm 06/17/2003 08:14 FAX 9238205592 BERDING & WEIL 0004 Board of Directors CypressLanding Homeowners Association June 17,'2003 > Page 3 hnprovement may be made at the meeting. A proposal may be adopted by the Board, subject to the limitations contained in the Bylaws." The limitation'of"only the Association"arguably precludes.members from contracting to have work performed in the common area under any circumstances. However, the second sentence allowing proposals'to be presented to the Board may be interpreted to allow a member or membem to propose improvements in the common area to be constructed by a contractor after the Board has approved the plans,- Whether the contract is let by the Board or by a'member would not seem to be critical once the Board has approved the plans,method of construction and design. Soction 5.2 also arguably lands credence to the interpretation that members may contract to construct improvements with Board permission,as it provides in the exception to the rule that owners may const hydrohoists'on common area ducks under specified circumstances " without the approval of the Board. . . " (which arguably implies that if the exception were not in existence,the owners'could only construct hydrohoists on common area docks with the approval of the Board). Fortunately,the law does not require us to definitively determine which interpretation of the CC&Rs was intended by the drafters,as more fully''discussed below. olicss ofJudkW RestraintAtrttlicdle There is a longstanding policy of judicial restraint that precludes courts from substituting their judgment concerning the interpretation of an association's governing documents for that of the Board's unless the challenged action "plainly contravenes" the association's bylaws or covenant, conditions and restrictions. C7ZA v Superior Court(1986) 187 Cal.App.3d 575, 580, 231 Cal.Rptr. 725. "This reluctance to'intervene in internecine controversies,the resolution of which requires that an association's constitution,bylaws, or renes be construed, is premised on the principle that the ,judiciary should' generally accede to any interpretation by an independent voluntary organization of its own rules which is not unreasonable or arbitrary. (See Williams v. Inglewood Board',of Realtors (1963)'219 Cal.App.2d 479, 486-488 [33 Call.Rptr.2891!)" Id. at 580. Recall that ars Section 4,A of the CC&Rs no alteration of the common area is allowed without the approval of the Board, whereas in Section 5.2 only the Association is allowed to construct, reconstruct, refnish or=.alter any improvement situated in the'common area. These sections seem to contradict each other. BES ' WCL [P ATTORNEYS AT LAW www.Gerd'-ins-we iI.totti 06/17/2003 08:15 FAX 8268205502BERDING & WEIL Q 005 Board ref Directors Cyprus Landing Homeowners Association .bane 17 2103 Page 4 By contrast, there is no contradiction with respect to the board's''having to approve the construction.of an improvement in the common area. That is consistently required throughout the CC&Rs(with one exception dealing with hydrohoists). The Board has adopted a practice of allowing private members to:contract with builders to construct gangways, includipg the appendage or private landing that connects to the common area clack, but only after the Board approves`the plans, method of construction and design. Accordingly, the question becomes whether allowing a member to contract with the builder under specified circumstances,rather than the Association contracting with the builder, "plainly contravenes"the Association's reginreznent that only the Association can make alterations to the common area. White you can argue both sides of this question, I believe that it is not unreasonable or arbitrary to interpret the CC&Rs as allowing a member's contractor to perform the work rather than requiring the contract be let by the Association, s0 long as the Board approves the plans, methods of construction and design, beforehand. It would arguably be wasteful to require two separate contractors under the circumstances, one to construct the gangway and the other to construct the dock. For these reasons, I do not believe the Board's interpretation''"plainly contravenes"the intent or substance of the CC&Rs. Therefore,the court should in due deference let the Board's interpretation stand. �5'u- The CC&Rs seem to have contradictory provisions with respect to who is allowed to construct alterations in the common area. The CC&lis consistently maintain that the Board's Prior approval is required for such improvements. The CC&Rs intent - -that the Board control what occurs in the common areas - seems to be met regardless of whose contractor performs the work, as long as the gangway plans, method of construction and'design are approved beforehand, by the Board. Therefore, in accordance with the applicable policy of judicial restraint, the Board's'interpretation of the CC&Rs that they allow a member's contractor to construct the appendage or landing after obtaining approvals,should stand. If the Board is concerned that a court could fIind that its private gangway policy"plainly contravenes"the CC&Rs,it always has the option of placing'a CC&R amendment on the ballast for the members' consideration. ATTORNEYS AT LAW www.bei,ding-wel1.coni 06/17/2003 08:15 FAX 92582055e2 BERDING & WE1L zoo$ Hoard of Directors Cypress Landing Romeowners Association June 17,2003 Page 5 Z hope this opinion letter is helpful.Feel free to call with questions or concerns. l can be reached at 925/838-2090. Very truly yours, HERDING WEIR,,LLP David J.Larsen DJL:mak cc: Steven Weil,Esq. 0-\WD=\4104\01 irttWW33a354,DOC F i A T T O R N 'E Y S ,A T LAW www.berding-wei!.corn 06/17/2003 08:13 FAX 9258245592 BERDING & WEIL [ 001 A T T0 'R-:N E Y S 'A T L A .t+V FACSIMILE TRANSWTTAL From; David J.Larsen,Esq. Date: June 1"7,2003' MW Natter#c 4104-01 Total Pages: 6 Fax Number: Recipient's Name 925-683-0332 Board of Directors Cypress Landing Homeowners Association c/o Rosie Rivera Homeowners Business Management,Inc, Re: Frigate Gangways Counts: Please review the attached correspondence which is in final form. 'hank you Problems receiving this fax?Dial(925)838-2090 and ask for Maree A Kingen This document being faxed is intended only for the iud'ividnal or entity to which it is addressed,and may contain information that is privileged,confidential,and exempt from disclosure under applicable law. If the reader of this mesup is not the intended recipient,or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication Is strictly probibited. If you have received this communication in error,piease notify as immediately by telephone olid return the or%tttal immane to us at the below address via the U.S.Postal Service. 3240 Stant Vailty Road west.Alamo,Califomia 94507 925/838-2090•FAX 925/920-5592 06/17/2003 08:14 FAX 9268205592 BERDING & WBIL Q002 ATTORNEYSW111 lip AT LAW www.berding-weil.com DAVID 3,LARSEN dIatsarta-)W41ng-waii.eom REPLY TO ALAM00MC$ June'17,2003 &T—XO-MY-CLIENT COMM lwi'CA'TION VIA REGULAR MAIL�1'�M FACSEMILE fg2*WmO332 Board of Directors Cypress Landing Homeowners Association cto Rosie Rivers Homeowners Business Management,Inca 1855 Gateway Blvd.,Suite 344 Concord,CA 94520`-3283 Re: private Gangways Dear Board Members: You have asked whether the Board may allow the construction of private gangways that access a common area dock. That is the subject of this opinion letter. Background The Board Inas allowed the construction of private gangways to access a common area boat dock which also has membership access." In fact, it has developed Association Guidelines with respect to private,gangways. Currently,there are three private gangways serving a total of eight private households, and three membership gangways that are accessible by all Association members,their guest and invitees': One member of the Association claims that the Board has no authority to allow individual Members to arrange Construction of these private gangways.' In order to determine whether that claim is correct,the Board has requested this opinion. The preferred type of gangway consists of a ramp walls-way that rolls back and forth as the tide comes in and. out, In order to avoid the ramp wheels taking up space on the common area dock, an ,'appendage is added to the common area dock which acts as a landing for the 140 Gcary Street 2339 Cold Meadow Way 6909 E.Greenway Parkway 3240 Stone Valley Rosi Wegt Ninth Floor Suite 220 Suite 243 Alamo,CA W07-1558 Son Franeisco,CA 94108.5630 Sacramento.CA 95670-44433 Scottsdaie..AZ 85254 Tolvphone:',925.$382000 Telephone. 415.782.2680 Telephone!916.851,1910 Telephones 486.922.7357 Fax:925.820.5592 Fux;415.782.2676 Fax:9I6.851.1914 Fax.480.923.7787 06/17/2003 08;14 FAX, 9258205592 BERDING & WEIL 0003 Board of Directors Cypress Landing Homeowners Association June 17,',2043 Page private gangway. The ramp wheels roll back''and forth on the private 'landing or appendage rather than on the common area.dock. Analysis This matter essentially involves the interpretation of the CC&Rs. The primary questions are: (1)whether the addition of the appendage to the common area dock constitutes an alteration of a common area improvement; and if so; (2) whether the Beard can authorize a member to enter into a contract to alter'improvements situated in a common area. Is A yvAndow an Alteration of a Common Area Improvement? The prohibition states: "(0)nly the Association shall ...alter any improvement situated upon the Common Area." While the dock itself can be construedas an:improvement upon the common area, the appendage is on (or in this case over) private property owned by a m anber of the Association. However, the fact that the appendage is attached to the common area dock, which dock is itself located upon(or in this case over) common area, lends credence to the argument that attaching the appendage constitutes an alteration of an improvement situated upon the common area. Is At„8 d Autl-tgdW&AAm MMMW W,Enter Into Contracft to41w!!QL=_mgg Area Imnrovements? Vection 4.4 of the CC&Rs states- ” . .;Then shall be no obstruction of any part of the Common Area. Nothing shall be stored or kept in the Common Area without the prier consent of the Board. No alterations or conditions to Common Area shall be permitted without the approval of the Board. . . . Based on the above language, it is logical to 'conclude that a member may contract for alterations to common area improvements,once he or she obtains permission from the Board. Recall,''however, that Section 5.2 states: Except as provided. in Section-<5.2.3., below, only the Association shall construct, reconstruct, ref;ntsh or alter any 'improvement situated upon the Common Area. A proposal for any construction of or alteration, maintenance or repair of an 1HDING ' will tip A F T O R N $'Y 5 AT LAW www,bvrd ing.weii.rom 0611712003 08:14 FAX 9258205592 BERUING & WEIL 0004 Board`.of Directors'' Cypress Landing Homeowners Association June 17,200 3?age : Improvement may be made at the meeting. A proposal may be adopted by the Board, subject to the limitations contained in the Bylaws." The limitation of"only the,Association!'arguably precludes members from contracting to have work performed in the common' area under any cirou rnstanices. However, the second sentence allowing proposals to be presented to the Board may be interpreted to allow a member or members to propose improvements in.the common area to be constructed by a contractor after the Board has approved the plans: Whether the contract is let by the Board or by a member would not seem to be critical once the Board has approved the plans,method of construction and design. Section 5.2 also arguably lends credence to the interpretation that members may contract to construct improvements with Board permission, as it provides in the exception to the rule that owners may construct hydrohoists on common area decks under specifier)circumstances without the approval p,f the Board. . . 11 (which arguably implies that if the exception were not in existence,the owners could only construct hydrohoists on common area Clocks with the approval of theBoard), Fortunately, the law does not require us to definitively determine which interpretation of the CC&Rs was intended by the drafters,as more fully discussed below, ;Poft ofJud cial RReskaint.Agplicable There is a longstanding policy ofjudicial al rest nt that precludes courts from substituting their judgment concerning the interpretation of an association's governing documents for that of the Board's 'unless the challenged action "plainly contravenes" the association's bylaws or covenant,conditions and restrictions. CTLA v. Superior Court(1986) 187 Cal.App.3d:$750 5813, 231 Cal.Rptr'.725. "Thus reluctance to intervene in internecine controversies,the resolution of which requires that an association's constitution, bylaws, or rales be constn9A is premised on the principle that the judiciary should generally accede to any interpretation by an independent' voluntary organization of its own rules winch is not unreasonable or arbitrary. (See Williams v Inglewood Board of,Realtors (1963) 219 Cal.App.2d 479, 486488 [3�Cal.pptr.289].)" Id at 580. Recall Haat in Section 4.4 of the CC Rs no alteration of the common area is allowed without the approval of the Beard, whereas in Section 5.2 only;the Association is allowed to construct, reconstruct, refinish or alter'any improvement situated in the common area. These sections seem to contradict each other. BF0011910 Ut ATTORNEYS AT LAW tv oar s.,'.F)t'Yt}Fti�`-WdkLCOTYi,. 08/1712003 08:15 FAX 9258205592'' BERDING & WEIL 191o05 Board of Directors Cypress Landing Homeowners Association June 17,2003' Page 4, By contrast, there is no contradiction with respect to the Board's having to approve the construction of an improvement in the common area. That is consistently rewired throughout the CC&Rs(with one exception dealing with hydrohoists), The Board has adopted a practice of allowing private members to contract with builders to construct gangways,including the appendage or private landing that connects to the common area dock, but only after the Board approvesthe plans, method of construction and design. ,Accordingly, the question becomes whether allowing a member to contract with the guilder under specified circumstances, rather than the Association contracting with the builder, "plainly contravenes"the Association's requirement that only the Association can make alterations to the common area. While you can argue Moth sides of this question, I believe that it is not unreasonable''or arbitrary to interpret the CC&Rs as allowing a member's contractor to perform the work rather than requiring the contract be let by the Association,;,so long as the Board approves the plates, methods of construction and design, beforehand. it would arguably be wasteful to require two separate contractors under the circumstances, one to construct the gangway and the other to construct the dock. For these reasons, I do not believe the Board's interpretation "plainly contravenes"the intent or substance of the CC&Rs. Therefore,the court should in due deference let the Board's interpretation stand. Summa mart The CC&Rs seem to have contradictory provisions with respect to who is allowed to construct alterations in the common area. The CC&Rs consistently maintain that the;,Board's prior approval is required for such improvements. The CC&Rs intent- -that the Board control what occurs in the common areas - - seems to be met regardless of whose contractor performs the work, as long as the gangway plans, method of construction and design are approved beforehand, by the Board. Therefore, in accordance with the applicable policy of judicial restraint, the Board's interpretation of the CC&Rs that they allow a member's contractor to construct the appendage or landing after obtaining approvals,should stand. If the Board is concerned that a court could find that its private gangway policy"`plainly contravenes"the CC&Rs, it always has the option of placing a CC&R amendment on the ballot for the members' consideration. 8 ' WE1 [ lip ATTORNEYS AT LAW www.lie rdinS-wei1.ccm 06/17/2003 08:15 FAX 9258205592 BERDING & WEIL 1006 Board of Directors Cypress Landing Homeowners Association June 17,200 ' 'age S` X hope this opinion letter is helpful.Feel free to call with questions or concerns. Z can be reached at 9251838-2090. Very truly yours, BERDING WEILt LLP David I Larsen DJL:mak cc: Steven Weil,Esq. a:lW D=14104W TtleuerU334359.Doc ATTORNEYS AT LAW ivww.berding-wei'1.cnxn 06/17/2003 08:13 FAX 9258205582 BERDING & WEIL 0001 A. T `T0 'R11 'E' Y5 AT. LAi+V FACSIMILE TRANSMITTAL From: David I Larsen.,Esq Date: June_]7,2003 $&W Matter#; 40401`' Total Pages; 6 Fax Numbsn ReoWent's Nam 925-687-03,32 Board€fDirectors Cypress LandftHomeowners Association c/o Rosie Rivera Homeowners Business Management,Inc. Re Private C,angways Comments; Please review the attached correspondence which is in final form. 'hank you. Problems receiving this fax?Dial(923)839-2090 and ask for Maree A.Kingen This document being fluted is intended only for the individual or entity to which it is addressed,and may costa n Information that is privileged,confidential,and exempt&OW disclosure under applicable law. If the reader of this mesage is not the Intended d reteplft,or the employee or agent respaae ble for delivering the miiessags to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this cotemmunkation is strictly prohibited, If you have received this commanalextion in,error,please notify its immediately by telephone and return the original/message to us at the below add s vhf the U.S.Postal Service. 3240 Stone'Valley Road West•Alamo,California 94507;925/838-2090+»FAX 925/8,20-3592 06/17/2003 08:14 PAX 9258205592 DERDING & WEIL Q002 HBO ING 61W[11 ILP ATTORNEYS AT LAW www.bordiiig-weil.com DAVID 1,LARSEN diarsen@Wdtng-wcil.coTn REPLY TO ALAMO OFFiCS June 17,2003 AZT Y- X IiI' `CQNMMCATION A REGULAR MAEL AM FAS 2 7- 33Z Board of Directors., Cypress Landing Homeowners Association c/o Rosie Rivera Homeowners Business Management,Inc, 1855 Gateway Blvd., Suite 340 Concord,CA 94520-3283 Ire: Private Gangways ` Bear Board Members: You have asked whether the Board may allow the construction of private gangways that access a common area dock. That is the subject of this opihiou.letter. Ba,�k�rQunrX The Board has allowed the construction of private gangways to access a common area boat deck which also has membership access. In fact, it has developed Association Guidelines withh respect to private gangways. Currently,"there are three privato gangways servrng a total of eight private households, and three membership gangways that are accessible by all Association members,their Suest and invitees. One member of the Association claims that the Board has no authority to allow individual members to urange construction of these-private gangways. In order to determine whether that claim is correct,the Board has requested this opinion. The preferred type of gangway consists of a ramp walk way that rolls crack and forth as the We comes in.and. out. In order to avoid;the ramp wheels taking up space on the common area dock, an appendage>is added to the common area dock which acts as a landing for the 40 Gcsry Strect` 2339 Gold Meadow Way 6909 E.Grccnway Parkway 3240 Stone V"311ey Road Wvtt Muth floor Suite 220 Suite 243 Alamo,CA 94307.1558 Saa Francisca.CA 941.08»3630 Sacra onto,CA 95,670.4443 5comsdatt.AZ 85254 Ucphaoc:025.83"000 Tolephonrc: 415.7821680 TaTe0one!9t6.851,1910 Telephone 480.922.7*57 Fax.925.820.5592 Faar..4151 782.2676''' Fax:916.851.1914 ftx,4W.922.7787 06/17/2003 08:14 FAX 9288208592 BERDING & WEIL Board of Directors Cypress Landing lloraeowners'Assotiation June 17,2003 Page 2 private gangway. The ramp wheels roll back and forth on the private landing or:appendage rather than on the common area dock. l sls>> This matter essentially involves the interpretation of the C &Rs. The primary questions are: (1)whether the addition of the appendage to the common area dock'constitutes an alteration of a common area:improvement; and if so; (2) whether the Board can'authorize a member to enter into a contract to alter improvements situated in a common area. T Aend'a an Iteraddn v a mman r rovet?' The prohibition states: "'(0)nly the Association shall ...alter any improvement situated upon the Common Area." Vlhile the dock itself can be constnied as an improvement upon the common area, the appendage is on (or in this case aver)private property owned by a member of the Association. However, the fact that the appendage is attached to the common area dock,which dock is itself located upon(or in this case over) common area, lends credence to the argument that attaching the appendage constitutes an alteration of an improvement situated upon the common area. I th 8 rd rs ft Enter Into Contra cly t-AkerC �rert lvemertts? Section 4A of the CC&Rs states: GL . . There shallbe no obstruction of any part of the Common area. Nothing. shall be stored or kept in the Common Area without the prier consent of the Board. No alterations or conditions to Common,area shall be permitted without the approval�a,f the Board. . . . " Based, on the above language, it is logical to conclude that a member may contract for alterations to common area improvements,once he or she obtains permission from the Board:' Recall,however,that Section 5.2 states: . Except as provided. in Section 5.2.3:, below, only the Association shall construct, reconstruct, refrnfsh or atter any improvement situated upon the Common Area, A proposal for any construction of or alteration, maintenance or repair of an 01001INd will I[? A T? O R N'E YS ' AT LAW www,berd ing=wFril.com 08/1712003 08:14 FAX 9258205592 BRRDING & WEIL Q004 Board of Directors Cypress Landing Homeowners Association June 17,2003 1?age 3 hapmvement may be made at the meeting. ;A proposal may be adopted by the Board, subject to the limitations contained in the Bylaws." The limitation of"only the Association"arguably precludes members from contracting to have work performed in the common area under any circumstances. : However, the second sentence allowing proposals to be presented to the Board may be interpreted to allow'a member or members to propose improvements in the common area to be constructed by a contractor ager the Board has approved the plans, Whether the contract is let by the Board or by a member would not seem to be critical once the Board has approved the plans,method of construction and designw Section 5.2 also arguably lends credence to the interpretation that members may contract to construct improvements with Board permission, as it provides in the exception to the rude that owners may construct hydrohoists on common area does under specified.circumstances " without the approval of'the Poard. . . " (which arguably implies that if the exception were not in existence,the owners could only construct hydrohoists on common area Clocks with the approval of the Board) Fortunately,the law does not require us to definitively determine which interpretation of the CC&p swas intended by the draft=,as more fully discussed below. &hd a a LLTrc&d d Restrtxdat AggLM e There is a longstanding policy of judicial restraint that precludes courts from substituting their judgment concerning the interpretation of an association's governing documents:for that of the Board's unless' the challenged action "plainly contravenes" the association's bylaws or covenant,conditions and restrictions. CTLA v Superior Court(1986) 187 Cal.App.3d 575, 580, 231 Cal.Rptr. 725. "This reluctance to intervene in internecine controversies,the resolution of which requires that an association's constitution, bylaws, or rules be construed, is premised on the principle that the judiciary should generally accede: to any interpretation by an independent voluntary organization of its own rules which is not unreasonable or arbitrary. (See Williams v- inglLrwood Board of Realtors (1953) 219 CaLApp.2d 479, 486-488 [33 Cal.Rptr.289j.Y, Id at 580. Recall that in Section 4.4 of the CC&Rs no alteration of the common area is allowed ;without the approval of the Board, whereas in Section 5.2 only the Association is allowed to construct, reconstruct, refinish or alter any improvement situated, in the common area. 'These sections seem to contradict each other. ATTORNEYSBROM 01", W111 Itp AT LAW` w w w.b erd's erg-we ileo nt 08/17/2003 08:15 FAX 9258205592 BFRUING & 'WEIL X1005' Board of Directors; Cypress Landing Homeowners Association June 17,2043 Page 4' By contrast, there is no contradiction with respect to the Board's having to approve the construction of an improvement in the common area. That is consistently required throughout the CC&Rs(with one exception dealing with hydrohoists). The Board has adopted a practice of allowing private members to contract with builders to construct gangways,including the appendage or private landing that connects to the common area dock, but only after the Board approves the plans, method of construction and design. Accordingly, the question becomes whether allowing a member to contract with the builder under specified circumstances, rather than the-Association contracting with;the builder, "plainly contravenes"the Association's requirement that only the Association can make alterations to the common area. While you can argue both sides of this question, I believe that it is not;unreasonable or arbitrary to interpret the CC&Rs as allowing a member's contractor to perform the work rather than requiring the contract be let by the Association, so long as the Board approves the plans, methods of construction and design, beforehand. It wouldarguably►ly be wasteful to require two separate contractors under the circumstances, one to construct the Mgway and the other to construct the duck. For these reasons, I do not believe the Board's interpretation "plainly contravenes"the natant or substance of the CC&Rs. Therefore,the court should in due deference let the Board's interpretation stand. &M— The CC&Rs' seem to have contradictory provisions with respect to who is allowed to construct alterations' m the common arca. The CC&Rs consistently maintain haat the Board's prior approval is required for such improvements. The CC&Rs Ment - -that the Board control what occurrs isn the common areas - - sterns to be met regardless of whose contractor performs the work, as long as the, gangway Plans, method of construction and design are approved beforehand, by the Board. "Therefore, in accordance with the applicable policy of judicial restraint, the Board's interpretation of the CC&Rs that they allow a member's contractor to construct the appendage or landing after obtaining approvals,should stand. If the Board is concerned that a court could fund that its private gangway policy"plainly contravenes"the CC&Rs,it always has the option of placing a CUR amendment on the ballot for the members' consideration. DIRRING Ut � ATTORNEYS AT LAW www.berd ing-weil.coni 06/17/2003 08:16 FAX 92458205592 BERDING & WEIL 0006: Board of Directors' Cypress Landing Homeowners Association` June f 7, 200 Page 5 S hope this opinion letter is helpful. Feel free to call with questions or eonoems. I can be reached at 9251838-2090. Very truly yours, BURRING& NMIZj LLP' AF It 40a David I Larsen DJL:mak cc: Steven Weil,Esq, 0-\WDOCSt4104'0VttteM334339.DOC WfIt [i ATTORNEYS AT LAW www.berdit%g-weil.com 06/17/2003 08:13 FAX 9258205592 BERDING & WEIL 2001 W.:I 001 I ATT0R :WEY5 AT 1. A';W FACSIMILE TRANSMITTAL Tram. David J.Larsen,Esq. Date: June 17,2003 B&W Matter#; 4104-01 Total Pages: 'd Fax Plumber: Reef-pient's Name 925-687-0332 Board of Directors Cypress Landing Homeowners Association c/o Rosie Rivera Homeowners Business Management,Inc. Re: Private Gangways Comments: Please review the attached correspondence which is in final farm. Thank you, Problems receiving this fax?Dial(925) 838-2090 and ask for Margie A.-Kinge This document being faxed is intended only for the individual or entity to which it is addressed,and may contain informadlon that,s privileged,confidential,and exempt from disclosure ander applicable law. if the reader ofthis message is not the intended recipient,or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. i`f you have received this communication in error,please notify us Immediately by telephone and return the original message to us at the below address via the U.S.Postal Service. 3240 Stone Valley Road West•Alamo,California 94507*425/938-2090 a FAX 9251820-5392 06/17/2003 08:14 FAX 9258205392 BERDING;. & WEIL x002 fil ATTORNEYS AT LAW www.b erd i n'g-w a 11.corn DAVID].LARSEN d1vscas'a berding-wcii.com REPLY'TO ALAMO OFFICE June 17,2003 A.TTQM Y CLKNT COMIVIUIYICATION VIA REGULAR MAIL STD FACSD?ILE X925)687-U332' Board of Directors Cypress Landing Homeowners Association c/o Rosie Rivera Homeowners Business Management,Inc. 1855 Gateway Blvd.,;Suite 340 Concord,CA 94520-3283 Re: Private Gangways Dear Board]Members: You have asked whether the Board may allow the construction of private gangways that access a common area flock. That is the subject of this opinion letter. Background The Board has allowed the construction of private gangways to access a common area boat dock which also has membership access. In fact, it has developed Association Guidelines with respect to private gangways. Currently, there are three private gangways serving'a total,of eight private households, and three membership gang-ways that are accessible by all Association members,their guest and invitees. One member of the Association claims that the Board has no authority to allow individual members to azrange construction of these private gangways.. In order to determine whether that claim is correct,the Board has requested this opinion. The preferred type of gangway consists of a ramp walk-way that rolls back and forth as the tide comes in and out. In order to avoid the ramp wheels taking up:.space on the'common area Block, an appendage is added to the common area dock which acts as a'landing for the 140 Geary Street 2339 Geld Meadow Wary 6009 E.Greenway Parkway 3240 Stone Valley Road Wesr, Ninth Fluor Suite 220 Suite 245 Alanto,CA 945t17-1553 ,San Feaaci.,=,CA'W08,5630 Saeramento,CA 95670-4443 Scottsdale,AZ 85254 Telephone:925.8-58.2090 Telephone! 415x782.2680 Telephone:916,851,4910 Tolephone;480,922,7#57 FMx.925.820.5592 Fax.415,782.2676 Fax;1)16,851.1914 Fax.480:922.77B7 06117/2003 08:14 FAX 9258205392 BERDING & WEIL Q003" Board of Directors Cypress Landing Homeowners Association June 17,2003 Page 2 private gangway. The ramp wheels roll hack and forth on the private landing or'appendage rather than on the common area.clock A oat sc,,s This matter essentially involves the interpretation of the CC&Rs The primary questions are; (1)whether the addition.of the appendage to the common area dock constitutes an alteration of a common area improvement; and if so; (2) whether the Board can authorize a member to enter into a contract to alter improvements situated in a common.area. Is A ends„ a an Alteration g a'Common A rea ImpM_v hent The prohibition states: `(0)nly the Association shall ...alter any improvement situated upon the Common Area.." While the dock itself can be construed as an improvement upon the common area, the appendage is on (or in this case'over) private'''property owned by a member of the Association. However, the fact that the appendage is attached to the common area: dock, which dock is itself located upon(or in this case over) common area, lends credence to the argument Haat attaching the appendage constitutes an alteration of an improvement situated'upon the common area. I rile 8 h n w rs to Enter Into Contract•ta' ter CpmgM Arealogyroymegts? Section 4.4 of the CC&Rs states: " . . There shall be no obstruction of any part of the Common Area. Nothing shall be stored or?dept in the Common Area without the prior consent of the Board. No alterations or conditions to Common Area shall be permitters without the approval of the Board. . . . Based on the above language, it is logical to conclude that a member may contract for alterations to common area improvements,Once he or she obtains permission fro the Board. Recall,however, that Section 5.2'states. Except as provided in Section 5.2.3., below, only the Association shall construct, reconstruct, refinish or alter any improvement situated upon the Common Area. 'A proposal for any construction of or alteration, 'maintenance or repair of an FROM Will to ATT O R N E Y 5 AT LAW www.hgrdifig—WHIxCIm 06/17/2003 08:14 FAX 9258205592 BERDI'NG & WEIL Q004 Board of Directors Cypress Landing HomeownersAssoclatiorx June 17, 2003 Page 3 Irnprovement may be made at the meeting. ;;A proposal may be adopted by the Board, subject to the limitations contained in the Bylaws." The limitation of"only the Association"arguably precludes members from contracting to have work performed in the common area under any circumstances. However, the second sentence allowing proposals to be presented to the Board may be interpreted to allow a member or members to propose improvements its the common area to be constructed by a contractor after the Board has approved the plans: "t'hether'?the contract is let by the Beard or by a member would'not seam to be critical oixe the Board has approved the plans,method of construction and design. Section 5.2,..also arguably lends credence to the interpretation that members may contract to construct improvements with Board permission, as it provides in the exception to the rule that owners may construct hydrohoists on common area docks under specified circumstances " without the approval of the Board. . . " (which arguably implies that if the exception were not in existence,the owners could only construct hydrohoists on common area docks with the approval of the Board). Fortunately,'the law does not require us to definitively determine which interpretation of the CURs was intended by the drafters,as more fully discussed below. PcrH e-V oLAAC iaal Restraint Applicably There is a longstanding policy of judicial restraint that precludes courts from substituting their judgment concerning the interpretation of an association's governing documents for that of the Board's unless the challenged action "plainly contravenes" the association's bylaws or covenant, conditions and restrictions. CTLA v. Superior Court(1986) 187 Cal.App.3d'57S, 580, 231 Cal.Rptx. 725. "This reluctance to intervene in internecine controversies,the resolution of which requires that an association's constitution, bylaws, or rules be construed, is premised on the principle that the judiciary should generally accede to any interpretation by an independent voluntary organization of its own rules which is not unreasonable or arbitrary. (See Williams ;v Inglewood.hoard tx,f Realtors (1963) 219 Cal.A.pp.2d 479, 486-488 [33 Cal.Rptr. 289].)" Id. at 550. Recall' that in Section 4.4 of the CC&Rs no alteration of the common area is allowed without the approval of the Board, whereas in Section 5.2 only the Association is allowed to construct, reconstruct:, refinish or alter any improvement situated in the common area. These sections seem to contradict each other, W11 ATTORNEYS AT LAW www.bording-weil.com 06/1712003 08:15 FAX 9258205592 RERDI'NG & WEIL Q005' Board of Directors Cypress Landing Homeowners Association June 17,2003 Page 4 By contrast, there is no contradiction with respect to the Boar(f s having to approve the construction of an improvement in the common area. That is consistently required throughout the CC& s(with one exception dealing with hydrohoists). The Board has adopted a practice of allowing private mernbers to contract with builders to constrict;gangways, including the appendage or private landing that connects to the common area dock, but only after the Beard approves the plans, method of construction and design. Accordingly, the question becomes whether allowing a member to contiwt with the builder under specified cireurnstances, rather than the:Association contracting with the builder, "plaHy contravenes"the Association's requirement that only the Association can make>alterations to the common area. While you can, argue both sides of this question, I believe that it is not unreasonable or arbitrary to interpret the CC&Rs as allowing a member's contractor to perform the work rather than requiring the contract be let by the Association, so long as the Board approves the plans, methods of construction and design, beforehand. It'would'arguably be wasteful to require two separate contractors under the circumstances, one to construct the gangway and the other to construct the dock. For:.these -reasons, I do not believe:: the Board's interpretation "plainly contravenes"the intent or substance of the CC&Rs. Therefore,the court should in due deference let the Board's interpretation stand. &U—MM rrr; The CC&Rs seem;to have contradictory provisions with respect to who is allowed to construct alterations in the common arca. The CC&Rs consistently maintain'that the Board's prior approval is required for such improvements. The CC&Rs intent - -that the Board control what occurs in the common areas - - seems to be met regardless'of whose contractor perforans the work, as long as the, gangway plans, method of construction and design are approved beforehand, by the, Board. Therefore, it) accordance with the applicable policy of judicial restraint, the'Board's interpretation of the CC&Rs that they allow a member's contractor to construct the appendage or landing after'obtaining approvals,should stand. If the Board is concerned that a court could find that its private gangway policy"plainly contravenes"the CC&Rs,it always has the option of placing a CUR amendment on the ballot for the members' consideration. ` URDING WEI [ [[P ATTORNEYS AT LAW www.Herding-weil.com 06/17/2003 08:15 FAX 9258205592 BERDING & WEIL 2006 a Burd.of Directors Cypress Landing Romeowvners Association June 17,2003 Page 5 1 hope this opinion letter is helpful.Feel free to call with questions or concerm. I can be reached at 925/838-2090. Very truly yours, BERDING WEIL,LLP i � David J.Larsen' DJL.mak cc: Steven Weil,Esq 0:1VAMS14104W1uetter\00334359,DOG EIfG EII 11P ATTORNEYS AT LAW www.berding-welLcom