The Sea Ranch Restrictions Articles 2 and 3
Article II.
The Sea Ranch-
Property Subject to The Sea Ranch Restrictions.
Section 2.01. The Sea Ranch Initial Development.
Grantor hereby declares that all of the real property located in the County of Sonoma, State of California, described as follows:
The Sea Ranch No. 1, all as shown on that certain subdivision map entitled “The Sea Ranch No. 1, Tract No 342 ,” filed in the Office of the Recorder of the County of Sonoma, State of California, on the 10th day of May, 1965, in Book 104 of Maps at page 5. is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved, subject to The Sea Ranch Restrictions, meaning the limitations, restrictions, covenants and conditions set forth in this declaration, all of which are declared and agreed to be in furtherance of a plan for the subdivision, improvement and sale of said real property and are established and agreed upon for the purpose of enhancing and perfecting the value, desirability and attractiveness of said real property and every part thereof. All of The Sea Ranch Restrictions shall run with said real property and shall be binding upon and inure to the benefit of Grantor, the Association, each Owner of said real property, or any part thereof, and each successor in interest of such Owner. Said real property, together with such other real property from time to time annexed thereto and made subject to The Sea Ranch Restrictions pursuant to section 2.02 shall constitute The Sea Ranch.
Section 2.02. The Sea Ranch: Annexation of Subsequent Developments.
Grantor may, pursuant to the following provisions of this section, from time to time and in its sole discretion, annex to The Sea Ranch all or any part of the real property (not then constituting a part of The Sea Ranch) described in that certain deed from Elmer Ohlson, Ernest Ohlson, Edward J. Ohlson, individually, and Edward J. Ohlson, Executor of the Will of Chester L. Ohlson, Deceased, as grantors, and Oceanic Properties, Inc., as grantee, dated February 27, 1964, and recorded in the Office of the Recorder of the County of Sonoma, State of California, on February 28,1964, in Book 2025, page 870, of Official Records of said County of Sonoma, and such other real property from time to time acquired by Grantor.
(a) The annexation of any such property shall become effective when and only when, the last of each of the following events occurs:
(1) Grantor shall have recorded a declaration which may consist of more than one document arid which shall, among other things,
(aa) described the real property which is to be annexed to The Sea Ranch,
(bb) set forth or refer to such additional or other limitations restrictions, covenants, conditions, applicable to such property as provided in paragraph (d) below,
(cc) declare that such property is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved, subject to The Sea Ranch Restrictions, and
(dd) state that the provisions of paragraph (b) below have been complied with; and
(2) With respect to the real property described in said declaration, Grantor shall have filed a subdivision map.
(b) Prior to the annexation of any such property Grantor shall estimate the maintenance assessment that would be assessed for the first full fiscal year following annexation pursuant to paragraph (b) of section 6.02 assuming such property were annexed to The Sea Ranch. If such estimated maintenance assessment exceeds the limit set forth in paragraph (e) of section 6.02 (such limit also to be determined as if such property were annexed to The Sea Ranch), then such property shall not be annexed unless and until such annexation has been approved by the vote or written consent of Owners other than Grantor, owning not less than 51% of the lots then within The Sea Ranch, exclusive of any lots owned by Grantor
(c) Upon any annexation becoming effective the property covered by such annexation shall become and constitute a part of The Sea Ranch, and the Association, subject to the provisions of section 9.05 with respect to common area or restricted common area, shall have and shall accept and exercise jurisdiction over such property as a part of The Sea Ranch.
(d) Any provision herein to the contrary notwithstanding, the declaration referred to in paragraph (a) above may, with respect to all or any part of the property described in said declaration, provide for, or refer to one or more documents creating any or all of the following:
(1) Such new land classifications not then provided for in section 3.01, and such limitations, restrictions, covenants and conditions with respect to the use thereof as Grantor may deem to be appropriate for the development of such property;
(2) With respect to the land classification then provided for in section 3.01, such additional or different limitations, restrictions, covenants and conditions with respect to the use thereof as Grantor may deem to be appropriate for the development of such property; provided, however, that such additional or different limitations, restrictions, covenants and conditions applicable to common areas and restricted common areas lying within such property shall not discriminate between Owners and Guests or between Owners of such property and other Owners of any other property within The Sea Ranch; and/or
(3) A declaration of restrictions, subordinated to The Sea Ranch Restrictions and applicable exclusively to a project.
The Sea Ranch Restrictions as applicable to such property upon the annexation thereof into The Sea Ranch, shall be deemed to include any and all additions and modifications thereto authorized by subparagraphs (1) and (2) above and set forth or referred to in said declaration.
Article III.
Land Classifications, Use and Restrictive Covenants
Section 3.01. Land Classifications.
All land within The Sea Ranch has been classified into the following areas:
(a) private area, (b) restricted private area, (c) common area, (d) restricted common area, and (e) project area.
Section 3.02. Private Area: Uses; Restrictions.
The private area of each lot shall be for the exclusive use and benefit of the Owner thereof, subject, however, to all of the following limitations and restrictions:
(a) The Association, or its duly authorized agents, shall have the right at any time, and from time to time, without any liability to the Owner for trespass or otherwise, to enter upon any private area for the purpose
(1) of maintaining such private area. as provided for in paragraph (e) of section 5.04,
(2) of maintaining restricted private area, common area and restricted common area,
(3) of removing any improvement constructed, reconstructed, refinished, altered or maintained upon such private area in violation of paragraph (a) of section 3.03,
(4) of restoring or otherwise reinstating such private area as authorized by paragraph (b) of section 3.03, and
(5) of otherwise enforcing, without any limitation all of the restrictions set forth in this section and in section 3.03.
(b) No improvement, excavation or other work which in any way alters any private area from its natural or improved state existing on the date such private area was first conveyed in fee by Grantor to an Owner shall be made or done except upon strict compliance with, and within the restrictions of, the provisions of section 3.03.
(c) The private area of each lot shall be used exclusively for residential purposes, and no more than one family (including its servants and transient guests) shall occupy such private area; provided, however, that nothing in this paragraph (c) shall be deemed to prevent
(1) any artist, artisan or craftsman from pursuing his artistic calling upon private area if such artist, artisan or craftsman
(aa) also uses such private area for residential purposes,
(bb) is self employed and has no employees working in such private area, and
(cc) does not advertise or offer any product or work of art for sale to the public upon or from such private area;
(2) any medical doctor from using the private area of the lot described as Parcel 1 as shown on that certain parcel map entitled, “Parcel Map No 61”, filed in the Office of the Recorder of the County of Sonoma, State of California, on October 9, 1969, in Book 136 of Maps at page 43 (being a portion of Lot 6, Block 6, as shown on that certain subdivision map entitled, “The Sea Ranch No. 1, Tract No 342”, filed in the Office of said Recorder on May 10, 1965, in Book 104 of Maps at page 5) as a medical office so long as said medical doctor also uses said private area as his residence;
(3) the leasing of any lot from time to time by the Owner thereof, subject, however, to all of the restrictions of The Sea Ranch Restrictions; or
(4) subject to the provisions of paragraph (f) of this section, non-commercial agricultural uses of the private area of lots of three acres or more.
(d) Each private area, and any and all improvements from time to time located thereon, shall be maintained by the Owner thereof in good condition and repair, and in such manner as not to create a fire hazard to The Sea Ranch, or any part thereof, all at such Owner’s sole cost and expense.
(e) No noxious or offensive activity shall be carried on upon any private area, nor shall anything be done or placed thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to other Owners in the enjoyment of their private or restricted private areas, or in their enjoyment of common, restricted common and project areas. In determining whether there has been a violation of this paragraph recognition must be given to the premise that Owners, by virtue or their interest and participation in The Sea Ranch, are entitled to the reasonable enjoyment of the natural benefits and surroundings of The Sea Ranch. Without limiting any of the foregoing, no exterior speakers, horns, whistles, bells or other sound devices, except security devices used exclusively to protect the security of the private area and improvements located thereon, shall be placed or used upon any private
(f) No domestic animals or fowl other than a reasonable number of generally recognized house or yard pets shall be maintained on any private area; provided, however, that subject to the provisions of paragraphs (c) and (e) above, and subject to such limitations as may from time to time be set forth in The Sea Ranch Rules,
(1) horses may be maintained within an enclosed private area, or any part thereof, of any lot of three acres or more, provided that there shall not be more than one such animal for each one acre of private area,
(2) cattle may be maintained within an enclosed private area, or any part thereof, of any lot of ten acres or more, provided that there shall not be more than one such animal for each two acres of private area,
(3) sheep or goats may be maintained within an enclosed private area, or any part thereof, of lots of ten acres or more, provided that there shall not be more than one such animal for each one acre of private area, and
(4) fowl may be maintained within an enclosed private area, or any part thereof, of lots of ten acres or more.
(g) No tree or shrub shall be planted within any private area and be permitted to grow to a height in excess of eight (8) feet unless such tree or shrub was at the time of its planting an indigenous specie.
(h) No signs whatsoever, including but without limitation, commercial, political and similar signs, visible from neighboring property, shall be erected or maintained upon any private area, except
(1) such signs as may be required by legal proceedings,
(2) residential identification signs of a combined total face area of three (3) square feet of loss for each residence,
(3) during the time of construction of any residence or other improvement, job identification signs having a maximum face area of six (6) square feet per sign and of the type usually employed by contractors, subcontractors and tradesmen, and
(4) not more than one “for sale” or “for rent” sign having a maximum face area of three (3) square feet, provided that if at the time of any such desired use the Association is providing “for sale” and “for rent” signs for the use of Owners, the sign provided by the Association and no other shall be used.
(i) No house trailer, mobile home, permanent tent, or similar facility or structure shall be kept, placed or maintained upon any private area at any time; provided, however, that the provisions of this paragraph shall not apply to temporary construction shelters or facilities maintained during, and used exclusively in connection with, the construction of any work or improvement permitted by section 3.03.
(j) No trailer of any kind, truck camper, or boat shall be kept, placed or maintained upon any private area in such a manner that such trailer, truck camper or boat is visible from neighboring property; provided, however, that the provisions of this paragraph shall not apply to temporary construction shelters of facilities maintained during, and used exclusively in connection with, the construction of any work or improvement permitted by section 3.03.
(k) No accessory structures or buildings shall be constructed, placed or maintained upon any private area prior to the construction of the main structure of the residence; provided, however, that the provisions of this paragraph shall not apply to temporary construction shelters or facilities maintained during, and used exclusively in connection with, the construction of the main structure of the residence.
(l) No trailer, vehicle or boat shall be constructed, reconstructed or repaired upon any private area in such manner that such construction, reconstruction or repair is visible from neighboring property.
(m) Except as otherwise permitted by paragraph (o) below, all garbage and trash shall be placed and kept in covered containers. In no event shall such containers be maintained so as to be visible from neighboring property. The collection and disposal of garbage and trash shall be in strict compliance with The Sea Ranch Rules.
(n) Outside clotheslines or other outside clothes drying or airing facilities shall be maintained exclusively within a fenced service yard and shall not be visible from neighboring property.
(o) The maintenance of accumulated waste plant materials is prohibited except as part of an established compost pile which shall be maintained in such manner as not to be visible from neighboring property.
(p) There shall be no exterior fires whatsoever except barbecue and incinerator fires contained within receptacles therefor and such other fires as may from time to time be permitted by The Sea Ranch Rules.
Section 3.03. Private Area: Construction and Alteration of Improvements; Excavations; etc.
The right of an Owner to construct, reconstruct, refinish, alter or maintain any improvement upon, under or above any private area, or to make or create any excavation or fill thereon, or to make any change in the natural or existing surface drainage thereof, or to install any utility line (wire or conduit) thereon or thereover, or to destroy or remove any tree therefrom, shall be subject to all of the following limitations and conditions of this section.
(a) Except to the extent permitted by paragraph (g) below, any construction or reconstruction of, or the refinishing or alteration of any part of the exterior of, any improvement upon any private area is absolutely prohibited until and unless the Owner of such private area first obtains the approval therefor from the Design Committee as herein provided and otherwise complies with all of the provisions of this section. The Association shall remove any improvement constructed, reconstructed, refinished, altered or maintained in violation of this paragraph and the Owner thereof shall reimburse the Association for all expenses incurred in connection therewith.
(b) Except to the extent reasonably necessary for the construction, reconstruction or alteration of any improvement for which the Owner has obtained approved plans pursuant to this section,
(1) no excavation or fill which would be visible from neighboring property shall be created or installed upon, and
(2) no change in the natural or existing drainage for surface waters upon, and
(3) no power, telephone or other utility line (wire or conduit) which would be visible from neighboring property shall be installed upon, and
(4) no living tree having a height of six (6) feet or more and having a trunk measuring six (6) inches or more in any diameter at ground level shall be destroyed or removed from, any private area until and unless the Owner of such private area first obtains the approval therefor from the Design Committee as herein provided and such Owner otherwise complies with all of the provisions of this section. The Association shall, in the event of any violation of clause (1) or clause (2) above, restore such private area to its state existing immediately prior to such violation, in the event of any violation of clause (3) above, remove all unauthorized power, telephone or other utility lines (wires or conduits) and, in the event of any violation of clause (4) above, replace any tree which has been improperly removed or destroyed with either a similar tree in type and size or with such other tree as the Association may deem appropriate. The Owner of such private area shall reimburse the Association for all expenses incurred by it in performing its obligations under this paragraph; provided, however, that with respect to the replacement of any tree the Owner shall not be obligated to pay an amount in excess of the expenses which would have been incurred by the Association had it elected to replace the destroyed or removed tree with a tree similar in type and size.
(c) Any Owner proposing to construct or reconstruct, or to refinish or alter any part of the exterior of, any improvement on or within his private area, or to perform any work which under paragraph (b) above requires the prior approval of the Design Committee, shall apply to the Design Committee for approval as follows:
(1) The Owner shall notify the Design Committee of the nature of the proposed work, and the Design Committee shall thereupon furnish such Owner with a building guide which summarizes the ecological factors relevant to the design, construction and maintenance of improvements at The Sea Ranch and the various design controls and restrictions applicable to the Owner’s private area The Owner shall acknowledge by letter that he has read and studied the contents of the building guide, as shall any architect employed by the Owner to design the proposed work. If the Design Committee shall so request within ten (10) days following its receipt of said letter of acknowledgement, the Owner and his architect, if any, shall meet with a member of the Design Committee in order to benefit from such member’s knowledge of and experience with The Sea Ranch Restrictions, the Design Committee Rules, and the ecology of The Sea Ranch. Such meeting shall be at a mutually convenient time not to exceed sixty (60) days following the Design Committee’s request therefor, and shall be held at the office of the Association at The Sea Ranch or at some other mutually convenient place.
(2) Following receipt by the Design Committee of said letter of acknowledgement and following said meeting, if any, the Owner shall submit to the Design Committee for approval such plans and specifications for the proposed work as the Design Committee may from time to time request, including, when deemed appropriate by the Design Committee, but without limitation, the following:
(aa) a plot plan of the lot showing
(i) contour lines,
(ii) the location of all existing and/or proposed improvements,
(iii) the proposed drainage plan,
(iv) the proposed sanitary disposal facilities,
(v) the location of all existing trees having a height in excess of six (6) feet and having a trunk measuring six (6) inches or more in any diameter at ground level,
(vi) such trees which the Owner proposes to remove, and
(vii) the location of all proposed utility installations;
(bb) floor plans;
(cc) drawings showing all elevations;
(dd) description of exterior materials and color, with samples;
(ee) working drawings and construction specifications; and
(ff) the Owner’s proposed construction schedule.
The Design Committee shall require that the submission of plans and specifications be accompanied by a reasonable plans inspection fee in an amount not to exceed One Hundred Dollars ($100).
(3) If at any time following an Owner’s notification of the Design Committee pursuant to clause (1) above of his proposed work the Design Committee shall determine that it would be in the best interests of The Sea Ranch for such Owner to employ an architect to design any improvement involved in the proposed work, the Design Committee shall inform such Owner in writing of its determination, whereupon all plans and specifications submitted pursuant to clause (2) above must be prepared by an architect.
(d) Subject to the provisions of paragraph (e) below, the Design Committee shall approve the plans, drawings and specifications submitted to it pursuant to paragraph (c) only if the following conditions shall have been satisfied:
(1) the Owner and the Owner’s architect, if any, shall have strictly complied with the provisions of paragraph (c) above; and
(2) the Design Committee finds that the plans and specifications conform to The Sea Ranch Restrictions, particularly to the requirements and restrictions of this section and to the Design Committee Rules in effect at the time such plans were submitted to the Design Committee.
All such approval shall be in writing and may be conditioned upon the submission by the Owner or the Owner’s architect, if any, of such additional plans and specifications as the Design Committee shall deem appropriate for the purpose of insuring that the construction of the proposed improvement shall be in accordance with the approved plans; provided, however, that plans, drawings and specifications which have been neither approved nor rejected within forty-five (45) days from the date of submission thereof to the Design Committee shall be deemed approved. One set of plans as finally approved shall be retained and maintained by the Design Committee as a permanent record.
(e) Notwithstanding the provisions of paragraph (d) above, if within the forty-five (45) day period referred to in said paragraph (d) the members of the Design Committee, in their sole discretion unanimously find that the proposed work would, for any reason whatsoever (including the design, height or location of any proposed improvement and the probable effect thereof on other Owners in the use and enjoyment of their private, restricted private, common restricted common or project areas) be incompatible with The Sea Ranch then the Design Committee shall not approve the plans, drawings and specifications submitted to it pursuant to paragraph (c) above and shall so notify the Owner concerned in writing setting forth the reasons for such disapproval.
(f) Grantor shall, upon the timely request of the Design Committee, file with the Design Committee copies of such of the plans and specifications described in paragraph (c) above which have been prepared by Grantor and which are deemed by the Design Committee to be necessary for the purpose of maintaining a permanent record of all improvements constructed or being constructed by Grantor upon any private area at the time such private area became a part of The Sea Ranch.
(g) Any provision herein to the contrary notwithstanding, any Owner may at any time, and from time to time, without first obtaining the approval of the Design Committee and without otherwise complying with paragraph (c) above, reconstruct or refinish any improvement or any portion thereof, excavate or make any other installation, in such manner as may be set forth in the last plans thereof approved by the Design Committee and not revoked pursuant to paragraph (i) below or in the plans and specifications filed pursuant to paragraph (f) above.
(h) Upon receipt of the approval from the Design Committee pursuant to paragraph (d) above, the Owner shall, as soon as practicable, satisfy all conditions thereof and diligently proceed with the commencement and completion of all construction, reconstruction, refinishing, alterations and excavations pursuant to the approved plans.
(i) With reference to paragraph (h) above, Owner shall satisfy all conditions and commence the construction, reconstruction, refinishing, alterations or other work pursuant to the approved plans within one (1) year from the date of such approval. If the Owner shall fail to comply with this paragraph any approval given pursuant to paragraph (d) above shall be deemed revoked unless upon the written request of the Owner made to the Design Committee prior to the expiration of said one (1) year period and upon a finding by the Design Committee that there has been no change in circumstances, the time for such commencement is extended in writing by the Design Committee.
(j) With further reference to paragraph (h) above the Owner shall in any event complete the construction, reconstruction, refinishing or alteration of the foundation and all exterior surfaces (including the roof, exterior walls, windows and doors) of any improvement on his private area within one (1) year after commencing construction thereof, except and for so long as such completion is rendered impossible or would result in great hardship to the Owner due to strikes, fires, national emergencies or natural calamities. If Owner fails to comply with this paragraph, the Design Committee shall notify the Association of such failure, and the Association, at its option, shall either complete the exterior in accordance with the approved plans or remove the improvement, and the Owner shall reimburse the Association for all expenses incurred in connection therewith.
(k) Upon the completion of any construction or reconstruction of, or the alteration or refinishing of the exterior of, any improvement, or upon the completion of any other work for which approved plans are required under this section, the Owner shall give notice thereof to the Design Committee, and within sixty (60) days thereafter the Design Committee, or its duly authorized representative, may inspect such improvement to determine whether it was constructed, reconstructed, altered or refinished in substantial compliance with approved plans. If the Design Committee finds that such construction, reconstruction, alteration, or refinishing was not done in substantial compliance with approved plans, it shall notify the Owner of such non-compliance within such sixty (60) day period and shall require the Owner to remedy such non-compliance If upon the expiration of sixty (60) days from the date of such notification the Owner shall have failed to remedy such non-compliance, the Design Committee shall notify the Association of such failure, and the Association, at its option, shall either remove the improvement or remedy the non-compliance, and the Owner shall reimburse the Association for all expenses incurred in connection therewith. If for any reason the Design Committee fails to notify the Owner of any such non-compliance within sixty (60) days after receipt of said notice of completion thereof from the Owner, the improvement shall be deemed to be in accordance with said approved plans.
(l) The following standards and restrictions are applicable to the construction, reconstruction, alteration and refinishing of any and all improvements from time to time existing upon private areas:
(1) No more than one residence shall be constructed on any lot; provided, however, that two residences may be constructed on lots containing three or more acres if
(aa) such residences are designed as a single visual element and are visually connected by fences, berms, or other major landscape elements, and
(bb) the main structures of such residences are separated by not more than two hundred fifty (250) feet.
A guest suite or like facility, without a kitchen, visually attached to the main residence structure with a minimum connecting structure of a wall or fence not less than six (6) feet high or a covered walk, shall be deemed to be included as part of the single residence.
(2) No corral, barn or other improvement to house horses, and no tennis court shall be constructed or maintained on any lot containing less than three (3) acres, and no structure to house sheep, goats, cattle or fowl shall be constructed or maintained on any lot containing less than ten (10) acres.
(3) All improvements shall be constructed in accordance with applicable building line, setback, and height provisions set forth on the subdivision map; provided, however, that with the consent of the Design Committee and if permissible by law, a carport or garage may be constructed on a property line if such carport or garage
(aa) is designed together with, and as an integral part of the carport or garage of an adjacent property owner, and
(bb) is detached from any part of the main residence structure by a minimum distance of twenty (20) feet.
Height shall be measured from the natural grade on the highest side of the improvement to the highest point of the roof or any projection therefrom.
(4) No reflective finishes (other than glass) shall be used on exterior surfaces (other than surfaces of hardware fixtures), including but without limitation, the exterior surfaces of any of the following: roofs, all projections above roofs, retaining walls, doors, trim, fences, pipes, equipment, mailboxes and newspaper tubes.
(5) The colors of all exterior surfaces shall be shades of grey or brown of values between black and white or shades of grey-greens or brown-greens (such as russet, citrine, and olive) of values between black and medium, and the value range for each lot shall be further limited by the applicable letter key, if any, set forth on a subdivision map, as follows:
(aa) the value range for “A” lots shall be white to medium;
(bb) the value range for “S” lots shall be medium light to medium dark; and
(cc) the value range for “C” lots shall be medium to dark.
(6) No roof shall be finished with built up tar and gravel; provided, however, that built up tar and dark gravel of values between brown and black may be used to finish that flat roof or a carport if in the opinion of the Design Committee such carport is designed an integral part of a high fence,
(7) Except for nails, bolts, other approved connecting devices and hardware fixtures used in connection therewith, all fences, screens and similar exterior structures shall be constructed solely of wood; provided, however, that subject to the provisions of subparagraph (4) above, retaining walls, fences used to enclose animals and fowl as contemplated by paragraph (f) of section 3.02, and tennis court fencing may be constructed of other material.
(8) Each residence shall contain parking space within the private area for at least two automobiles by one of the following means:
(aa) a garage either attached to or detached from the main structure of the residence;
(bb) a carport enclosed on not less than two sides, either attached directly to the main structure of the residence or connected by a roof or major fence;
(cc) an exterior parking area enclosed on not less than two sides by a five (5) foot fence or planted berm; or
(dd) an exterior parking area not visible from neighboring property.
(9) Each residence shall contain a fenced service yard enclosing all above-ground trash and garbage receptacles, exterior incinerators, clotheslines and other maintenance and service facilities used by the Owner.
(10) Each residence shall contain a sewage disposal system approved by the Design Committee and the public authority, if any, having jurisdiction. In no event shall sewage be discharged directly or indirectly, into the ocean, any creek, marsh, river, sound or beach or shoreline or bank thereof.
(11) All fuel tanks, water tanks or towers, or similar storage facilities shall either be constructed as an integral part of the main structure of the residence or shall be installed or constructed underground.
(12) No water well or other independent water supply works or facility shall be constructed or maintained within any private area of less than one (1) acre as long as there is available to such private area a source of water supplied through one or more water distribution systems owned and maintained by the Association, a public utility corporation, a mutual water company or any governmental entity or organization.
(13) There shall be no exterior lighting of any sort either installed or maintained, the light source of which is visible from neighboring property.
(14) There shall be no antenna of any sort either installed or maintained, which is visible from neighboring property.
Section 3.04. Restricted Private Area: Uses, Restrictions.
The restricted private area of each lot shall be for the exclusive use and benefit of the Owner thereof, subject to all of the following limitations and restrictions, the major purpose of which is to assure that restricted private area is maintained in its natural state, visually indistinguishable from adjacent common area:
(a) The Association, or its duly authorized agents, shall have the right at any time, and from time to time. without any liability to the Owner for trespass or otherwise, to enter upon any restricted private area for the purpose
(1) of maintaining such restricted private area, as provided for in paragraph (d) of section 5.04,
(2) of maintaining private area, common area, and restricted common area,
(3) of removing any improvement constructed, reconstructed or maintained upon such restricted private area in violation of paragraph (a) of section 3.07, and
(4) of otherwise enforcing the restrictions set forth in this section and section 3.07.
(b) No improvement, excavation or other work which in any way alters such restricted private area (including the vegetation growing on such restricted private area) from its natural or existing state on the date such restricted private area was first conveyed to an Owner in fee shall be made or done except upon strict compliance with, and within the restrictions and limitations of. the provisions of section 3.07.
(c) There shall be no use of restricted private area whatsoever except
(1) any use contemplated by any improvement permitted under paragraph (b) above, and
(2) natural recreational uses which do not injure or scar the restricted private area or the vegetation thereon, increase the cost of maintenance thereof, or cause unreasonable embarrassment, disturbance or annoyance to other Owners in their enjoyment of their private and restricted private areas, or in their enjoyment of common and restricted common and project areas.
Section 3.05. Common Area: Uses; Restrictions.
The exclusive use of common area shall be reserved equally to all Owners and to Guests, subject, however, to the following limitations and restrictions:
(a) The use of common area shall be subject to The Sea Ranch Rules.
(b) The use of common area shall be subject to such easements and rights of way reserved therefrom at the time of the conveyance thereof by Grantor to the Association, to such road and public utility easements and rights of way as may from time to time be taken under power of eminent domain and to such other road and public and private utility easements as may from time to time be granted or conveyed by the Association pursuant to the provisions of paragraph (d) of section 5.05.
(c) No improvement, excavation or other work which in any way alters any common area from its natural or existing state on the date such common area was conveyed by Grantor to the Association pursuant to section 9.05 shall be made or done except upon strict compliance with, and within the restrictions and limitations of, the provisions of section 3.07.
(d) Any portion of common area reserved on a subdivision map for development of a recreational facility may be developed into one or more recreational facilities pursuant to the provisions of Article VII. Such portion shall be used as common area until such time as any such recreational facility is developed. Upon the development of any public recreational facility by the Association pursuant to the provisions of section 7.02 such facility may be used by any Owner or Guest, subject to the provisions of The Sea Ranch Rules with respect to such use. Upon the development of any private recreational facility by Owners pursuant to the provisions of section 7.03, such facility shall be used exclusively by Owners who become permitted users, subject to the provisions of The Sea Ranch Rules with respect to such use.
(e) Except to the extent otherwise permitted pursuant to the provisions of paragraph (d) above and section 3.07, there shall be no use of common area, exclusive of roads, except natural recreational uses which do not injure or scar the common area or the vegetation thereon, increase the cost of maintenance thereof, or cause unreasonable embarrassment, disturbance or annoyance to Owners in their enjoyment of their private and restricted private areas, or in their enjoyment of common, restricted common and project areas. Without limiting the generality of the foregoing,
(1) there shall be no camping in common area except in areas developed therefor by the Association or by Owners pursuant to paragraph (d) above,
(2) there shall be no tires started or maintained on common area except
(aa) fires started and controlled by the Association incidental to the maintenance and preservation of property within The Sea Ranch, and
(bb) cooking and campfires in picnic and other areas within recreational facilities developed therefor by the Association or by the Owners pursuant to paragraph (d) above, and
(3) no animals shall be permitted on common area except
(aa) generally recognized house or yard pets when accompanied by and under the control of the Owners to whom they belong,
(bb) sheep, cattle or horses when used for grazing purposes by the Association, and
(cc) horses upon paths and other areas from time to time designated as bridle paths by the Association and upon such areas developed as equestrian recreational facilities by the Association or Owners pursuant to paragraph (d) above.
Section 3.06. Restricted Common Area: Uses, Restrictions.
The exclusive use of restricted common area shall be reserved equally to the Owners of condominiums within projects which are contiguous to such restricted common area, subject, however, to all of the following limitations and restrictions:
(a) All of the limitations and restrictions set forth in paragraphs (a), (b), (c) and (e) of section 3.05 with respect to the use of common area by Owners and Guests shall be applicable to the use of restricted common area by Owners of condominiums within projects which are contiguous to such restricted common area.
(b) Any portion of restricted common area reserved on the subdivision map for development of a recreation facility which is contiguous to common area may be developed into one or more recreational facilities pursuant to the provisions of Article VII. Such portion shall be used as restricted common area until such time as such recreational facility is developed. Upon the development of either a public recreational facility or a private recreational facility, such facility shall be used as if such recreational facility had been developed on common area, as provided for in paragraph (d) of section 3.05. Any portion of restricted common area reserved on the subdivision map for development of a recreational facility which is not contiguous to common area may be developed into one or more private recreational facilities pursuant to the provisions of section 7.03, but only by Owners who are entitled to use the restricted common area involved. Until such development such portion shall be used as restricted common area.
Section 3.07. Common Area, Restricted Common Area, and Restricted Private Area: Construction and Alteration of Improvements; Excavations; etc.
No improvement, excavation or work which In any way alters any common or restricted common area from its natural or existing state on the date such common or restricted common area was conveyed by Grantor to the Association pursuant to section 9.05, or which in any way alters any restricted private area (including any vegetation growing thereon) from its natural or existing state on the date such restricted private area was first conveyed to an Owner in fee, shall be made or done except upon strict compliance with, and within the restrictions and limitations of the following provisions of this section.
(a) Except to the extent otherwise provided in paragraphs (d), (e) and (f) below, no person other than the Association or its duly authorized agents shall construct, reconstruct refinish, alter or maintain any excavation or fill upon, or shall change the natural or existing drainage of, or shall destroy or remove any tree, shrub or other vegetation from, or plant any tree, shrub or other vegetation upon, restricted private area, common area or restricted common area.
(b) Except to the extent otherwise provided in paragraph (c) below, if the Association proposes to construct or reconstruct, or to refinish or alter the exterior of, any improvement located or to be located upon common area or restricted common area, or if the Association proposes to make or create any excavation or fill, or to change the natural or existing drainage of surface waters, or to remove any trees, shrubs or ground cover, or to plant any trees, shrubs, or ground cover upon any restricted private area, common area or restricted common area, the Association shall submit to the Design Committee for approval two sets of final plans and specifications for any such work in such form and containing such information as the Design Committee may from time to time require. The Design Committee shall approve the plans and specifications submitted to it pursuant to this paragraph only if all of the following conditions have been satisfied:
(1) If the plans are to construct any new improvement, including any alteration of the exterior appearance of any existing improvement, upon any common area or restricted common area, the Design Committee finds that such improvement complies with the standards and restrictions which are set forth in subparagraphs (4) through (7), inclusive, of paragraph (1) of section 3.03, with respect to private area, which standards and restrictions shall apply to common area and restricted common area, and that such improvement
(aa) is reasonably necessary for any utility installation serving any property within The Sea Ranch or any participating facility,
(bb) is desirable in order to provide or improve access to or enhance the use and enjoyment of any property within The Sea Ranch,
(cc) is desirable to protect, support or preserve any property within The Sea Ranch, or
(dd) is reasonably necessary for the construction of a recreational facility pursuant to the provisions of Article VII;
(2) If the plans are to make any excavation, or to remove any trees or shrubs, or to plant any trees or shrubs upon any restricted private area3 the written consent of the Owner of such restricted private area has been obtained; and
(3) The Design Committee finds in its sole discretion that the proposed work shall not materially prejudice The Sea Ranch or any Owner in the use and enjoyment of his property.
All such approval shall be in writing; provided, however, that plans which have neither been approved nor rejected within forty-five (45) days from the date of submission thereof to the Design Committee shall be deemed approved. One set of plans as finally approved shall be retained and maintained by the Design Committee as a permanent record. Rejection of plans by the Design Committee shall be in writing and shall set forth with particularity the reasons for such rejection. If plans which relate to the construction of a recreational facility pursuant to the provisions of Article VII are rejected for failure to satisfy the conditions set forth in clause (dd) of subparagraph (1) above or in subparagraph (3) above, such plans shall be deemed approved by the Design Committee if the Association reaffirms its approval of such recreational facility pursuant to paragraph (e) of section 7.02 or paragraph (e) of section 7.03.
(c) The Association may at any time, and from time to time
(1) reconstruct, replace or refinish any improvement or portion thereof upon common area or restricted common area in accordance with
(aa) the last plans thereof approved by the Design Committee pursuant to paragraph (c) above,
(bb) the plans fled by Grantor with the Design Committee pursuant to paragraph (g) below, or
(cc) if neither of the foregoing clauses is applicable and it such improvement existed upon common area or restricted common area when such common area or restricted common area was conveyed by Grantor to the Association, then in accordance with the original design, finish or standard of construction of such improvement when such common area or restricted common area was conveyed by Grantor to the Association;
(2) construct, reconstruct, replace or refinish any road improvement upon any portion of common area or restricted common area designated on a subdivision map as a private road;
(3) with respect to restricted private area, common area and restricted common area, replace destroyed trees or other vegetation, and, to the extent that the Association deems necessary for the conservation of water and soil, plant trees, shrubs and ground cover which at the time of such planting are of indigenous species; and
(4) place and maintain upon common area and restricted common area such signs and markers as the Association may, in its sole discretion, deem necessary for the identification of The Sea Ranch and of roads, the regulation of traffic, including parking, the regulation and use of common area, restricted common area and restricted private area, and for the health, welfare and safety of Owners and Guests.
(d) An Owner may at any time, and from time to time,
(1) install and maintain within common area, restricted common area or his restricted private area any subsurface sewage disposal or other utility system approved by the Design Committee pursuant to the provisions of section 3.03;
(2) construct or reconstruct on common area or his restricted private area a way which provides access between a road and his private area and which has been approved by the Design Committee pursuant to the provisions of section 3.03; provided, however, that if the Design Committee shall so require, such way shall be paved; and provided further, that no more than one driveway shall be so constructed for any lot unless the Design Committee finds that one or more additional driveways are reasonably necessary for the use and enjoyment of the lot and will not adversely affect The Sea Ranch; and
(3) construct or reconstruct on common area, restricted common area or his restricted private area, as the case may be, any improvement which may be necessary to protect, support or preserve his private area or restricted private area; provided, however, that
(aa) such Owner shall comply with the provisions of section 3.03 as if such improvement were to be constructed or reconstructed on private area, and
(bb) the Design Committee may require as a condition of its approval of such construction or reconstruction the submission, at the cost and expense of such Owner, of one or more opinions from such professional consultants as it deems to be appropriate in order to establish the necessity for such construction or reconstruction.
(e) A Project Committee may at any time, and from time to time,
(1) construct or reconstruct on common area and restricted common area a way which provides access between a road and the project area involved and which has been approved by the Design Committee pursuant to the provisions of section 3.09; provided, however, that if the Design Committee shall so require, such way shall be paved; and provided further, that no more than two driveways shall be so constructed for any project area unless the Design Committee finds that one or more additional driveways are reasonably necessary for the use and enjoyment of the project area and will not adversely affect The Sea Ranch; and
(2) construct or reconstruct on common area or restricted common area, as the case may be, any improvement which may be necessary to protect, support or preserve the project area involved; provided, however, that
(aa) such Project Committee shall comply with the provisions of section 3.09 as if such improvement were to be constructed or reconstructed on project area, and
(bb) the Design Committee may require as a condition of its approval of such construction or reconstruction the submission of one or more opinions from such professional consultants as the Design Committee deems to be appropriate in order to establish the necessity for such construction or reconstruction.
(f) At any time, and from time to time, within two (2) years following conveyance of common area or restricted common area, as the case may be, by Grantor to the Association pursuant to section 9.05, Grantor may construct, reconstruct, refinish or alter any improvement upon, or make or create any excavation or fill upon, or change the natural or existing drainage of, or remove or plant any trees, shrubs or ground cover upon, such common area or restricted common area if Grantor shall determine that any such work
(1) is reasonably necessary for any utility installation serving any property within The Sea Ranch or any participating facility,
(2) is reasonably necessary for the construction of any public recreational facility,
(3) is desirable in order to provide or improve access to or to enhance the use and enjoyment of such common area or restricted common area, or
(4) is desirable to protect, support or preserve any property which constitutes a part of The Sea Ranch.
(g) Grantor shall from time to time file with the Design Committee such plans and specifications as it may have in its possession and as the Design Committee may deem necessary for the purpose of maintaining a permanent record of improvements constructed by Grantor on common area or restricted common area prior to or within two (2) years following the time such common area or restricted common area was conveyed by Grantor to the Association.
Section 3.08. Project Area: Uses; Restrictions.
Project area shall be for the exclusive use and benefit of the Owners of condominiums within the project involved, subject, however, to all of the following limitations and restrictions:
(a) The Association, or its duly authorized agents, shall have the right at any time, and from time to time, without any liability to the Project Committee or to the Owner of any condominium within the project for trespass or otherwise, to enter upon any project area for the purpose
(1) of maintaining all or any part of the project area, as provided for in paragraph (e) of section 5.04,
(2) of maintaining private area, restricted private area, common area and restricted common area,
(3) of removing any improvement constructed, reconstructed, refinished, altered or maintained upon such project area in violation of paragraph (a) of section 3.09,
(4) of restoring or otherwise reinstating such project area as authorized by paragraph (a) of section 3.09 and
(5) of otherwise enforcing the restrictions set forth or incorporated in this section or in section 3.09.
(b) No improvement, excavation or other work may be made or done to or upon any project area except upon strict compliance with, and within the restrictions and limitations of, the provisions of section 3.09.
(c) Project area shall be used exclusively for residential purposes, and no more than one family (including its servants and transient guests) shall occupy a unit; provided, however, that nothing in this paragraph (c) shall be deemed to prevent
(1) any artist, artisan or craftsman from pursuing his artistic calling within his unit if such artist, artisan or craftsman
(aa) also uses such project area for residential purposes,
(bb) is self-employed and has not employees working in such project area, and
(cc) does not advertise or offer any product or work of art for sale to the public upon or from such project area or
(2) the leasing of any condominium from time to time by the Owner thereof, subject, however, to all the restrictions of The Sea Ranch Restrictions.
(d) Each project area, and any and all improvement from time to time located thereon, shall be maintained by the Owners of all the condominiums therein, in good condition and repair at such Owner’s sole cost and expense.
(e) No noxious or offensive activity shall be carried on upon any project area, nor shall anything be done or placed thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to other Owners in the enjoyment of their condominiums or their private or restricted private areas, or in their enjoyment of common and restricted common areas. in determining whether there has been a violation of this paragraph recognition must be given to the premise that Owners, by virtue of their interest and participation in The Sea Ranch, are entitled to the reasonable enjoyment of the natural benefits and surroundings of The Sea Ranch. Without limiting any of the foregoing, no exterior speakers, horns, whistles, bells, or other sound devices, except security devices used exclusively to protect the security of the project area and improvements located thereon, shall be placed or used upon any project area.
(f) No domestic animals or fowl other than a reasonable number of generally recognized house or yard pets shall be maintained on or within any project area.
(g) No tree or shrub shall be planted within any project area and be permitted to grow to a height in excess of eight feet (8) feet unless such tree or shrub is of an indigenous specie.
(h) No signs whatsoever, including but without limitation, commercial, political and similar signs, visible from neighboring property, shall be erected or maintained upon any project area, except
(1) such signs as may be required by legal proceedings,
(2) project identifications signs of a combined total face area of two (2) square feet or less for each condominium,
(3) during the time of construction of any condominium or other improvement, job identification signs having a maximum face area of six (6) square feet per sign of the type usually employed by contractors, subcontractors and tradesmen, and
(4) for each condominium within a project, not more than one “for sale” or “for rent” sign having a maximum face area of three (3) square feet, provided that if at the time of any such desired use the Association is providing “for sale” and “for rent” signs for the use of the Owners, the sign provided by the Association and no other shall be used.
(i) All of the limitations and restrictions set forth in paragraphs (i) through (p), inclusive, of section 3.02 with respect to the use and enjoyment of private area shall be applicable to the use and enjoyment of any project area by Owners of condominiums within the project; provided, however, that all references therein to section 3.03 shall be deemed to be references to section 3.09.
(j) Anything visible from neighboring property stored, maintained or planted in, placed upon or removed from the ground surface of project area lying between the exterior of the perimeter walls or foundations of any improvement constructed within such project area and contiguous common area or restricted common area shall be deemed to be an improvement, and the storing, maintaining, planting, placing or removal thereof shall be subject to the restrictions and limitations of section 3.09.
Section 3.09. Project Area: Construction and Alteration of Improvements; Excavations; etc.
The right Of an Owner or Project Committee of the project involved to construct, reconstruct, refinish, alter or maintain any improvement upon, under or above any project area, or to make or create any excavation or fill thereon, or to make any change in the natural or existing drainage thereof, or to install any utility line (wire or conduit) thereon or thereover, or to destroy or remove any tree therefrom, shall be subject to all of the following limitations and conditions of this section:
(a) All of the limitations, restrictions and conditions set forth in paragraphs (a) through (k), inclusive, of section 3.03 with respect to private area shall apply to project area; provided, however, that all references in said paragraphs to the Owner shall include either the owner of the project area or the Project Committee of the project involved, whichever the case may be.
(b) The following standards and restrictions are applicable to the construction, reconstruction, alteration and finishing of any and all improvements from time to time and existing upon project areas:
(1) No reflective finishes (other than glass) shall be used on exterior surfaces (other than surfaces of hardware fixtures), including but without limitation, the exterior surfaces of any of the followings roofs, all projections above roofs, retaining walls, doors, trim, fences, pipes, equipment, mailboxes and newspaper tubes
(2) The colors of all exterior surfaces shall be shades of grey or brown of values between black and white or shades of grey-greens or brown-greens (such as russet, citrine, and olive) of values between black and medium, and the value range for each project area shall he further limited by the applicable letter, if any; set forth on a subdivision map, as follows:
(aa) the value range for “A” project areas shall be white to medium;
(bb) the value range for “B” project areas shall be medium light to medium dark; and
(cc) the value range for “C” project areas shall be medium to dark.
(3) No roof shall he finished with built-up tar and gravel; provided, however, that built-up tar and dark gravel of values between brown and black may be used to finish the flat roof of a carport if in the opinion of the Design Committee such carport is designed as an integral part of a high fence.
(4) Except for nails, bolts, other approved connecting devices and hardware fixtures used in connection therewith, all fences, screens and similar exterior structures shall be constructed solely of wood; provided, however, that subject to the previsions of subparagraph (1) above, retaining walls may be constructed of other material.
(5) Each project shall contain parking space within the project area for at least one automobile for each condominium within the project by one of the following means:
(aa) a garage either attached to or detached from the main structure of the project;
(bb) a carport enclosed on not less than two sides, either attached directly to the main structure of the project or connected by a roof or major fence; or
(cc) an exterior parking area enclosed on not less than two sides by a five (5) foot fence or planted berm.
(6) Each project shall contain a fenced service yard enclosing all above-ground trash and garbage receptacles, exterior incinerators, clotheslines and other maintenance and service facilities.
(7) Each project shall contain a sewage disposal system approved by the Design Committee and the public authority, if any, having jurisdiction. In no event shall sewage be discharged directly or indirectly, into the ocean, any creek, marsh, river, sound or beach or shoreline or bank thereof.
(8) All fuel tanks, water tanks or towers, or similar storage facilities shall either be constructed as an integral part of the main structure of the project or shall be installed or constructed underground.
(9) No water well or other independent water supply works or facility shall be constructed or maintained within any project area as long as there is available to such project area a source of water supplied through one or more water distribution systems owned and maintained by the Association, a public utility corporation, a mutual water company or any governmental entity or organization.
(10) There shall be no exterior lighting of any sort either installed or maintained, the light source of which is visible from neighboring property.
(11) There shall be no antenna of any sort either installed or maintained, which is visible from neighboring property.
Section 3.10. Presumption of Compliance.
All of the following improvements, excavations, tills and other work shall, for all purposes of The Sea Ranch Restrictions, be conclusively presumed to be in compliance with, and within the restrictions of, the provisions of this Article III:
(a) Those existing or maintained within or upon any property within The Sea Ranch at the time such property became a part of The Sea Ranch;
(b) Those existing or maintained within or upon any private area or restricted private area at the time such private area or restricted private area was first conveyed to an Owner by Grantor;
(c) Those from time to time constructed, reconstructed, refinished, altered, installed or maintained within or upon any property within The Sea Ranch by Grantor or pursuant to plans and specifications which have been approved by the Design Committee and which approval has not thereafter been revoked; and
(d) Those specified as complying with The Sea Ranch Restrictions in the estoppel certificate recorded by the Design Committee pursuant to section 4.06.