Background, Guiding Principles and Intent of Guidelines

Bel Air Ridge is a planned development composed of attached town homes and detached single-family homes that are part of the Bel Air Ridge Homeowners Association (“the Association” or “Bel Air Ridge”), each of which is bound by and subject to the First Restated Declaration of Covenants, Conditions and Restrictions (CC&Rs).  Pursuant to the CC&Rs, the Architectural and Landscape Committee (“ALC”) has been appointed by the Board of Directors (the “Board”) to carry out the Association’s obligation to exercise architectural and landscaping control over the Bel Air Ridge Community, and to do so in a clear, consistent and equitable manner.  The ALC’s objective is to facilitate the efficient and orderly review and approval of proposed repairs, improvements or modifications consistent with the Bel Air Ridge Governing Documents and applicable law.

1.0        Prior Approval Required

No repair, alteration, improvement, construction or remodeling may commence on the exterior of any Detached Dwelling, on the exterior or interior of a Townhouse, or in any Exclusive Use Common Area, until the Owner thereof has applied for and received prior written approval of the ALC, if such work is related to or could potentially affect any of the following: (i) The electrical, HVAC, or plumbing systems in any other location within the Development, (ii) any Unit's resistance to water intrusion, (iii) the drainage, landscaping, or hardscape in any other location within the Development, (iv) the foundation or structural integrity of another Unit or Exclusive Use Common Area, (v) the geological integrity of any slopes, (vi) the exterior uniform appearance of any Unit, Yard, or other component of the Exclusive Use Common Area, (vii) any exterior wall, fence, driveway, walkway or other structure, (viii) the level of noise transference to another Unit, Exclusive Use Common Area, or Common Area, (ix) the right to quiet enjoyment of any other Owner, or (x) the right of any other Owner to the full ownership, occupancy, and use of his or her Unit and Exclusive Use Common Area.

2.0        No Approval Required

Prior approval from the ALC is not required for 1) repainting of Unit or Exclusive Use Common Area a pre-approved color; 2) replacing flowers or shrubs with the same or similar type and size; 3) adding drainage in an Owner’s Exclusive Use Common Area without removing, stopping or altering the existing drainage flow; 4) modifications within the interior walls of a Unit that does not impact the structural components of the Unit and is not visible from the exterior; and, 5) roof repairs to address roof leaks, or reroofing with the same roof tile or roofing material. 

3.0        Committee Decision Process

a. Any decision rendered by the ALC shall be in writing and communicated to the Owner.  No work on any application shall proceed without prior written approval from the ALC to do so.  Any disapproval will specify the reasons why the application was disapproved.
b. In reaching a decision on any application, the ALC may consider the following:

i. Its subjective belief that the plans are or are not consistent with the general design, construction, appearance, and harmony of other improvements in the Development;
ii. Any precedent, or custom and practice in the Community for the proposed work;
iii. The long-range aesthetic goals of the Community even if such goals depart from or conflict with precedent;
iv. The extent to which the proposed plan complies with the Governing Documents; and,
v. The potential impact of the proposed plan on property values, the residents’ quiet enjoyment, and use and enjoyment of the other Units and Exclusive Use Common Areas, including traffic impact, noise impact, air quality and other possible inconveniences to neighbors/neighborhood while construction is underway.

c. No landscaping shall be installed which could impede or render more costly the Association’s access to any area necessary to perform maintenance responsibilities required under the Governing Documents, without ALC approval.  Common Area drainage patterns, pipes or channels shall not be obstructed, blocked or altered at any time by any Owner or resident.

4.0        Notice to Neighbors; Input

The ALC will provide notice of an application received to neighbors in the immediate radius of the applicant’s residence of all architectural and landscaping improvement applications.  “Immediate radius” means the neighbors on both sides, the three neighbors across the street, and the three neighbors in back of the applicant’s property, if applicable.  In addition, the Association will provide General Notice to all Members, in accordance with Civil Code Section 4045, by posting notice in the location designated in the Association’s Annual Policy Statement (currently the Fitness Center and the Clubhouse).  The ALC at its discretion may notify additional neighbors in the broader vicinity of the applicant, including but not limited to any instance in 6(e) requiring Board approval.  Input from any neighbor will be considered by the ALC, but shall not be binding upon the ALC in reaching its decision. 

5.0        City Approval/Compliance with Laws

Applicant or Owner is advised that compliance with the City Building Codes is separate and apart from Association approval.  In addition to the ALC approval, applicant is responsible for securing all necessary permits from the City for the work performed.  Applicant or Owner must also comply with City Building and Safety requirements for those modifications in Section 2.0 above that do not require ALC approval.  Applicant or Owner is responsible for ensuring that the approved project complies with all applicable laws and regulations and the Governing Documents.

6.0        Approval Conditions

Approval of an application should be subject to the following conditions, among others:

a.Compliance with applicable local, state and federal laws.
b. Compliance with applicable building codes.
c. Providing permits for all work to be performed, as applicable.
d. Exterior Construction activity of any kind shall be limited to the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday.  No exterior construction shall take place on Saturday or Sunday; however, Interior construction work may take place on Saturday between 8:00 a.m. to 5:00 p.m.  No work may take place on Sundays or national holidays, unless to address an emergency in which case the repair work shall include only that work necessary to address the emergency.  Any restoration or remediation work must take place within the construction hours set for the above.
e. Any use of, or access into, through or on Association Property, Common Area or amenities in connection with any project submitted for approval shall be approved by the Board.
f. The ALC shall consult with the Board of Directors prior to making a decision on any project that calls for construction of a building, or an addition to an existing building, in excess of 500 sq. ft., or for grading in excess of 1000 sq. yds. of cubic earth material.

Additional conditions may be added to any approved application, as necessary.

7.0        Completion

The ALC reserves the right to inspect the Applicant’s residence, upon completion, to verify that the work was performed as approved. The ALC may condition any approval on the requirement that the Owner submit an “as built” plan at the completion of their property modification, to confirm that the modification was completed as approved, without deviation.  Owners who deviate from the approved plans without obtaining prior approval of the ALC may be required to remove any unapproved deviations and restore the modification to the plans as approved.

8.0        Exclusive Use Common Area ("EUCA" Improvements)

EUCA refers to the area immediately outside of the walls of each home, such as front, side and back yards.  An Owner may construct or install a EUCA improvement provided that the improvement is approved by the ALC and complies with all applicable laws and regulations.  The ALC’s decision will be based upon the Rules as set forth throughout this document.

The following sections list some common EUCA improvements:

a. Exterior Decorative Objects, Lighting, and Grills:  Owners may install these items without ALC approval unless the improvements are visible from outside the EUCA.  Other improvements which do not require ALC approval include exterior lights or fixtures included with original structures, low voltage or solar landscape lighting, flagpole staffs less than six feet (6’) in height, house numbers and sign posts that are either attached to a mailbox or do not exceed 4” in height and 12” in length.  If the improvements are visible from outside the EUCA and do not fall within the specifically pre-approved Rules, ALC approval is required.  These improvements include but are not limited to exterior decorative objects, birdbaths, wagon wheels, sculptures, fountains, pools, freestanding poles of all types, and flagpoles.
b. Swing Sets and Play Houses: Swing sets and playhouses may be installed without ALC approval in the rear EUCA.  Where possible, swing sets and play houses should be located within EUCA so as not to be visible from the street.
c. Landscaping:  Within the EUCA that is not visible from outside the EUCA may be installed without ALC approval.ALC approval is required if the improvement is visible from outside the EUCA.
d. Decks:  All deck installations require ALC approval, subject to the following:

i. Plans submitted to the ALC must detail the design, color and materials to be used, along with a rendering depicting the finished deck in the proposed location.  The plans must show the position of the deck on the property and its relation to the Owner’s Unit, the neighboring houses and property lines.
ii. Decks must be placed on the property such that no part of the deck or support structure touches or penetrates Common Area.
iii. Footings and posts are not permitted in or on the slope, and nothing can rest on the slump-stone walls on the top of the slopes.
iv. Deck designs must be consistent with the general design, construction, appearance, and harmony with surrounding structures and landscaping.
v. Decks must be constructed of Fire Retardant materials.
vi. Fencing or screening material on projecting decks must be approved by the ALC.  Fencing and screening must not block the side views of neighbors.

e. Fences and Walls:  Fences and/or walls require prior ALC approval.  Fences may be either grape-stake, of the style used in the development, or of wrought iron.  All fences must be constructed using fire retardant material.  Walls may be of slump stone, stucco, or brick, or any combination thereof.  Chain-link fences are prohibited anywhere within the Community.  Fences generally must be no higher than six (6) feet; however, approval to exceed 6 feet in height will be considered upon a showing of exceptional circumstances and City approval.  All fences and walls must provide access through gates to adjoining lots and to Association property necessary for emergencies and Common Areas maintenance.  In the townhouse areas, access to adjoining lots must be maintained by the Owners.  Gates must be kept clear and operable at all times by the adjoining lots.
f. Basketball Hoops/Poles:  Installation of basketball standards or backboards, or other sports device or equipment shall not be constructed, erected, installed or maintained without ALC approval.  This does not apply to portable basketball hoops which may be used without ALC approval, provided they are removed from view from Common Area when not in use. 
g. Front Doors:  Owners may install up to “double width” size doors in an Association Approved Paint color or a Natural Wood Stain color without ALC approval. 
h. Garage Doors:  Pre-approved garage door styles have been selected and do not require ALC approval. Photos of the pre-approved garage doors can be viewed in the Management Office or online at www.belairridgehoa.com/pages/pdf/Pre-Approved-Garage-Doors.pdf   Garage doors must be in an Association-approved paint color.  All other garage door styles or colors require prior ALC approval. 
i. Mailboxes:  Pre-approved mailbox designs have been selected and do not require ALC approval.  Photos of the pre-approved mailboxes can be viewed in the Management Office or online at www.belairridgehoa.com/pages/pdf/Pre-Approved-Mailboxes.pdf All other mailbox designs, styles and/or colors require prior ALC approval.
j. Satellite Dishes:  To the extent these rules do not conflict with any Federal, State or local law, regulation or code, satellite dishes which do not exceed 1 meter (39”) in diameter and which are professionally installed in an area which is not visible from the Common Area or street do not require ALC approval.  All other installations require ALC approval, which will be processed in accordance with applicable State and Federal law governing satellite dish installations.
k. Solar Energy Panel Systems:  California law permits associations to “impose reasonable restrictions on solar energy systems” without significantly impacting the system’s cost or performance efficiency.  Since the ALC is charged with preserving the external uniformity, aesthetic quality and design of the structures in the Community, and in order to expedite the review and approval process of plans/requests to install solar energy panel systems, all such plans/requests shall include, but not be limited to:

i. A letter “explaining” the components of the proposed solar energy panel system, explaining where the components will be installed on the house and/or property, and explaining how the components will be installed.
ii. Drawings/plans/renderings “illustrating” the components of the proposed solar energy panel system (including material, shape, measurements, color, etc.), illustrating where the components will be installed on the house and/or property, and illustrating how the components will be installed.  The drawings/plans/renderings shall also include a sufficient number of elevations of the house and/or garage with the proposed panels installed in place to show the entire installation in context.
iii. Written documentation from the solar energy panel company that details the test results when determining the proposed system’s installation location, as well as the percentage difference in the system’s performance efficiency, if any, if the panels were placed in less obvious/obtrusive locations on the house and/or property.
iv. Written documentation from the solar energy panel company that details the difference in the cost of the system, if any, if the panels were placed in less obvious/obtrusive locations on the house and/or property
v.Documents establishing that the solar installation contractor and all subcontractors performing work are licensed and insured.

l. Approved Paint Colors:  The approved paint colors that do not require ALC approval in accordance with these Rules are located on the Approved Color Chart below.  Additional approved colors may be selected from time to time and be available in the Management Office.  ALC approval is required for non-approved colors.  Owners may use any brand of paint so long as the paint is color matched to the approved paint color. Colors shall be in the indicated finishes.  With regard to “shared wing walls,” the Owner performing the most recent painting shall paint the front of the “shared wing wall(s).”

Approved Color Chart

1. = ICI Dulux (formerly Sinclair Paints) Stock Name

2. = Dunn Edwards Stock Name

3. = Benjamin Moore Stock Name

4. = Wood Stain Requires Prior ALC Approval, which will be given on a case by case basis

The following color “Schemes” for Benjamin Moore paint colors for houses, house trim, wrought iron fences/gates, shutters, and front doors shall be added to the Approved Color Chart.  The colors within each “Scheme” shall only be used with other colors within the same “Scheme:

The following Dunn Edwards paint colors for house trim shall be added to the Approved Color Chart, and shall only be used with Stucco colors, “Swiss Coffee,” “Bone White,” or “Cool December:”

House Trim
                       
            “Weathered Brown” (DEC756 – LRV 8)
            “Espresso Macchiato” (DET680 – LRV 7)
            “Black Bean” (DE6385 – LRV 7)

“Weathered Brown,” “Black Bean,” and Espresso Macchiato” are approved for wood gates/fences, wrought iron gates/fences, shutters, garage doors, and front doors, as well. 

Procedure for ALC Approval

a. The ALC meets regularly at 7:00 P.M. on the third Monday of each month at the Claray Clubhouse, unless notice is provided otherwise.  The meeting schedule is subject to change due to schedule conflicts and/or holidays.
b. All property improvement applications should be submitted for approval no later than 12 noon, eleven (11) calendar days prior to the meeting to ensure it will be on the agenda.  A cover letter explaining the plan/request should be included.  If an application is submitted less than eleven (11) calendar days prior to the meeting, the ALC will use its best efforts to review and vote on it at its next meeting, but cannot guarantee it.
c. Complete applications with all plans and specifications should be delivered to the ALC at the Association Management Office in Claray Clubhouse, 2760 Claray Drive.
d. Twelve (12) copies of all applications must be submitted (maximum size 11” x 17” if possible – for photocopying purposes) and to the extent reasonably practicable to show size and dimensions of all improvements proposed (including but not limited to, fences and patio covers).  Applications should also include location of the proposed improvements in relation to the existing improvements, property lines and the plot plan of the lot showing all streets abutting the property and other perimeter structures such as slopes, with an indication, by arrow, at the direction of any existing view from the property.

i. Landscaping Plans:  The plan/request shall include the common name and photographs of all the proposed trees, flowers, shrubs, and grasses to be planted and the placement of such trees, flowers, shrubs, and grasses on the property.
ii. Spas and/or Pools:  The improvement plan/request shall show the proposed location of the pool/spa and related equipment in relation to the plot lot lines, the proposed pool/spa’s dimensions, and the location of existing and proposed new drain lines.  The plan/request shall also include the sound absorption specifications for the pool/spa’s equipment.  A completed geotechnical soils report shall accompany all requests/plans submitted.
iii. Paint:  The application shall contain a color sample, and if possible the brand and color of the paint or other covering.

Upon receipt of the complete application, the ALC may visit your property to compare the specifications depicted on the plans with the actual property.  The ALC will review each property improvement plan/request received and render a decision based upon a majority vote of the ALC members present at the meeting.  You will thereafter receive written notice from the ALC regarding its decision on your submitted application.

In connection with the ALC determining that expert consultation is required to review an application for which the applicant will have to reimburse the Association, the applicant shall have the opportunity to be heard on the merits about the need for expert consultation, prior to the decision being made by the ALC to retain the consultant.

The ALC shall have no authority to consider any application submitted by an Owner who is in violation of the Governing Documents or is otherwise not in good standing.  Any application by such Owner shall be deemed denied and the Owner shall be so notified in writing.  Once the Owner is in good standing, or the pending violation resolved, the Owner may submit a new application which shall be considered by the ALC in accordance with the Governing Documents and these Rules.

Owners submitting applications are encouraged to attend meetings at which their applications will be considered.  After a question and answer period, the ALC will meet in a closed session for further discussion and evaluation of each application, and reach its decision on the application.

If your application is approved, you will receive one of your submitted application packages bearing the ALC’s stamped approval.  If the ALC rejects an application, the Owner may appeal that decision to the Board of Directors pursuant to Civil Code Section 4765 which provides that if an application is disapproved, the applicant is entitled to reconsideration by the Board, at an open meeting of the Board, unless that decision was made by an ALC comprised of the same membership as the Board,

(Amended January 2018)

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