Valencia Homeowners Association

Rules and Regulations

 

 

Including Procedures and Forms

 

 

 

 

 

 

 

 

 

 

Please review this document before making any changes to the exterior of your home

 

 

 

 

 

 

 

 

 

 

 

 

15 April, 2004

Table of Contents

Introduction____________________________________________________________ 4

Exterior Appearance_____________________________________________________ 5

Front Yard Maintenance__________________________________________________ 6

Parking and Safety_______________________________________________________ 7

Nuisances______________________________________________________________ 8

Refuse and Recycling_____________________________________________________ 8

Owner / Association Maintenance Responsibility_______________________________ 9

Table Ð Division of Maintenance Responsibility_______________________________ 9

Exterior Changes / Additions / Alterations / Applications_______________________ 10

Outdoor Lighting Regulations (Front Of House)_____________________________ 10

Garage Modifications____________________________________________________ 10

Exterior Front Doors____________________________________________________ 10

Screen Doors__________________________________________________________ 11

Front Door Stain Colors_________________________________________________ 11

Approved Stains______________________________________________________ 11

House & Trim Paint Colors_______________________________________________ 12

Approved House Trim Paint Color Palette__________________________________ 12

Garage Doors__________________________________________________________ 13

Approved Garage Door Designs__________________________________________ 13

Garage Door Colors_____________________________________________________ 13

Approved Colors for Metal Garage Doors Painted by Manufacturer_____________ 14

Windows______________________________________________________________ 14

Solar Panels___________________________________________________________ 14

Satellite Antennas_______________________________________________________ 15

Entry Gates and Codes___________________________________________________ 15

Architectural Improvements / Approval______________________________________ 17

Design Regulations - Front Yard__________________________________________ 17

Design Regulations - Courtyard___________________________________________ 18

Design Regulations - Yard Rear Area_______________________________________ 18

Design Regulations - Other_______________________________________________ 19

Procedure For Obtaining Architectural Approval_____________________________ 20

Violations and Fines____________________________________________________ 21

Appendix A Ð Forms____________________________________________________ 22

Garage Door Replacement Application Form_______________________________ 22

Antenna Installation Application Form_____________________________________ 24

Improvement Application Form__________________________________________ 25

Neighbor Notification Form_____________________________________________ 27

Appendix Ð B Graphics of Approved Designs_________________________________ 28

Appendix C - Authority__________________________________________________ 30


Introduction

 

Purpose:  The purpose of this document is to provide residents with a clear definition of the Rules and Regulations of our community. 

Goals:  These rules were formed to maintain and update property values and to provide residents a safe, tranquil, high-quality community.

Authority:  The authority of the Board of Directors to define and change the rules is based on the Valencia By-laws and the Valencia Declaration of Covenants, Conditions, and Restrictions (CC&Rs) (see Appendix C).

Compliance:  Compliance with these rules is the obligation of homeowners and their tenants and guests.

Coverage:  These rules and regulations are used in conjunction with the CC&Rs, they do not cover all the topics in the CC&Rs.

Precedence:  In the event of a conflict between these rules and the CC&Rs, provisions in the CC&Rs shall prevail.

Effective Date:  These Rules and Regulations are effective on 15 April 2004.

Prior Versions:  This version replaces all previous versions of the Rules and Regulations

Feedback:  Comments or questions about these Rules should be given to the Property Manager.


Exterior Appearance

 

Exterior Changes:  All exterior changes are subject to review and approval of the Valencia Architecture Committee and the Valencia Board of Directors (BOD).

 

1. Signs:  Commercial signs shall not be displayed to the public view, except for Real Estate Signs and Security Signs.

For-Sale / Lease Signs:  One (1) sign advertising the sale or lease of a home may be displayed.

Sign Placement:  A Sale / Lease sign shall only be allowed to be displayed from a window facing the street.

Open House Sign:  One "Open House" sign may be located at the front of the home and at the entry gate.

Sign Display Times:  Real Estate-related signs may be displayed only on Saturdays and Sundays between the hours of 10:00 a.m. and 4:00 p.m.

Directional Signs:  ÔOpen HouseÕ Signs directing traffic to homes-for-sale may be displayed inside the community.

Permission to Display Signs:  Signs may not be displayed in front of homes from which permission of owner has not been given.

Standards for Signs:  Signs are subject to review and approval of the Architectural Committee and the Valencia Homeowners Association (VHOA) Board of Directors (BOD). 

Security Signs:  Signs pertaining to security services will be allowed. 

One Sign:  One (1) security sign may be displayed outside the perimeter patio wall.

Sale or Lease Sign Size:  Sale or Lease signs shall be no larger than standard Real Estate signs.

Flags, Banners and Non-commercials Signs:  Flags, banners and non-commercial signs must be approved by the Architectural Committee and the Board of Directors.

 

2. Garbage:  Garbage containers shall be placed for collection and returned to storage according to the schedule and constraints in ÒRefuse and Recycling,Ó

 

3. Property:  Property shall be kept in ÔgoodÕ repair and condition.

Definition: ÔGoodÕ is the quality of the appearance and physical condition as determined by the Architectural Committee or BOD. Quality is measured on basis of cleanliness, paint condition, foreign material buildup, structural integrity, mold, mildew, rot, chipping, peeling, rust, debris, clutter and other conditions. Source: Resolution of Architectural Committee.

Debris:  Residential lots shall be kept free of debris. 

Exterior clotheslines:  Exterior clotheslines are not permitted. 

Laundry:  Laundry or other similar items shall not hang or extend from patios, balconies, windows, walls or fences. 

Party Walls:  Party Walls visible from the street shall be kept in ÔgoodÕ repair and condition.

Definition:  Party Walls are walls between residences, and walls between homeowners and the HOA.  e.g.: Wood fences and other fences between side yards, rear yards and courtyard walls.

 

Owner Maintained:  The property owner shall maintain interior and exterior courtyard walls in good repair and condition. 

Dense Shrubbery:  Courtyards must be neat and uncluttered by dense, overgrown shrubbery and trees. 

Plant Growth:  Courtyard vegetation must be within property walls.

Umbrellas:  Umbrellas that are compatible with the exterior colors and design of the community are approved for use in front courtyards.

Definition: Compatible Umbrellas are umbrellas without logos or advertising, in either a Beige, Off-White, Tan, or Dark-Green solid color that, in the opinion of the Architecture Committee, are compatible with other colors approved for  Valencia.

 

 

4. Closed Garage Doors:  Garage doors shall be closed at all times except when moving vehicles in or out or when continued access is required.

Definition: Continued Access is when ingress and egress is required at least every half hour, and no other access is available.

 

5. Window Coverings:  All window coverings facing the exterior shall be compatible with the exterior colors and design of the community, as determined by the Architectural Committee.

Window Covering Materials:  No windows may be covered with aluminum foil or similar material.

Window Tinting:  Windows may be covered only with approved window tinting.

Window Tinting Approval:  Applications for window tinting shall be submitted to the Architectural Committee using the Improvement Application Form, Appendix A.

Decals:  Decals, window stickers and other affixed signs are not permitted on or in windows.

 

6. Garage/Moving Sales:  Garage and Moving Sales are prohibited unless held in conjunction with the community garage sale organized by the VHOA.

 

7. Roof Debris:  Roofs shall be kept free of debris

 

 

Front Yard Maintenance

 

Landscape Alteration:  Front-yards are maintained by the VHOA.  No parts of front yards shall be removed, replanted or altered without the prior written approval of the Architectural Committee. 

Planter Boxes:  All potted plants or planter boxes shall be appropriately maintained. 

Maintenance Conditions:  Conditions of maintenance are subject to the review of the Architectural Committee.

Damages/Repair:  Repair costs of damage or destruction deemed the result of negligence and/or abuse by the resident to the common area, front yard, or courtyard walls will be the responsibility of the owner.

Maintenance Performance:  Complaints, requests or suggestions concerning the landscape maintenance company shall be addressed to the Property Manager.

Written Requests:  Maintenance requests shall be submitted in writing or email to the Property Manager.

 

 

Parking and Safety

 

Streets & Driveways:  Vehicles shall be parked in garages, driveways or streets. 

Blocking Sidewalk:  Vehicles parking in driveways shall not block the sidewalk or extend into or over the sidewalk.

Definition: The Sidewalk is the 42Ó wide paved pedestrian walkway between the street and lawns; sidewalks are continuous across driveways; sidewalks interrupt driveways.

Blocking Emergency Vehicles:  Vehicles parked in the street or the cul-de-sac shall not block access for emergency vehicles or water hydrants.

Cul-de-sac Parking:  Vehicles shall not park in the center circles of Cul-de-sacs.

Park Parallel, with Traffic:  Vehicles shall be parked (in accordance with city ordinances), parallel to the curb facing the direction of traffic and not parked across any (not even the residentÕs) driveway.

72 -hour limit:  Vehicles shall not park in the same street location longer than seventy-two (72) hours.

Trailers, Campers, Boats, Commercial and Recreational Vehicles:  Except for vehicle loading, trailers, campers, boats, motor-homes, recreational vehicles or residentsÕ commercial vehicles shall be parked within an enclosed garage.

Damaged Vehicles:  Vehicles with noticeable physical damage such as: dents, chipped paint, oil leaks, broken glass, loose parts, or rusty, busted, melted, moldy, mildewed, warped, rotted, cracked, chipped, peeled surfaces must be parked in garages.

Vehicle Loading:  Trailers, campers, boats, motor-homes, commercial or recreational vehicles or other large vehicles are permitted to be parked on any street, driveway or common area only for the purposes of loading or unloading for a temporary time period not to exceed 6 hours in any 24 hour period.

Vendor, Commercial and Service Vehicles:  Except in an emergency, service vehicles and vehicles of suppliers, and vendors may be parked no longer than eight daylight hours while performing services.

15-mph Speed Limit:  Vehicles are required to adhere to a 15 M.P.H. speed limit.

Car Covers:  Car covers are not allowed on vehicles while parked on streets or driveways.

Overnight Parking:  In order to park a car on the street overnight, at least one car must be parked in a respective residentÕs two-stall garage, or at least two cars in a respective residentÕs three-stall garage.

Definition:  Overnight is the time period from 12-Midnight to 6-a.m.

 

 

 


Nuisances 

 

Nuisances:  Any behavior or activity in the common area that unreasonably interferes with residentsÕ use of their private space is not allowed.

Pet Control:  Dogs are to be leashed at all times while outside the owner's home or fenced yard or open garage. 

PetÕs Owner is liable:  A petÕs owner is liable for damages to persons or property by their respective pet/animal.

Pet Waste Removal:  Pet owners shall be responsible for the immediate removal and cleanup of their animal's waste.

Pet Disturbance:  A pet owner shall ensure that their pet/animal does not create a nuisance or disturbing noise.

Fixed, Permanent Basketball Goals:  Fixed or permanent basketball goals (backboards, hoops and stands) are not permitted.

 

 

Refuse and Recycling

 

Refuse and Recycling Program:  Valencia participates in the City of San Diego's mandatory refuse collection and voluntary recycling programs.

City Provided Containers:  All refuse or recycling shall be placed in City-provided black or blue-colored containers for automated collection.

No Other Containers:  Refuse will not be picked up from any other containers.

Closed Lid:  Refuse must fit within the container with the lid closed.

Collection Residue:  Residents are responsible for cleanup of residue left after collection in the zone around their respective bins.

Packing Peanuts/Popcorn:  Packing and wrapping granules and materials and other easily airborne materials must be contained in separate sealed containers (bags/boxes) inside collection bins to prevent their release into the environment.

Containers Out Of View:  Except during the collection period, refuse containers must be kept from street view at all times (stored in the garage or behind the household's side gates, walls or fences).

Definition: Collection Period is the period during which placement of containers and collection occurs: the time period from 7p.m. during daylight savings time, or from 5p.m. during standard time of the day before collection, until 11pm of the following day.

Wheels to Curb:  The refuse container must be placed in the street with the wheels against the curb, and with the handle facing the residence. 

3-Foot Separation:  Containers must be at least three (3) feet from other containers, parked cars, lampposts, trees, and mailbox posts.

Re-Stowing Containers:  The refuse container should be moved out of sight as soon as possible after pickup, but in no instance shall it remain out or visible after 11:00 p.m. the day of pickup. 

Holiday Delay:  Delay setting-out refuse or recycling containers by one day during weeks in which there is a State or Federal holiday.

Donation Materials:  Materials intended for other recycling, donations or charities must be placed out of sight (in the garage or behind walls or side fences), not curbside. 


Owner / Association Maintenance Responsibility

 

Identification of Maintenance Responsibility:  This section identifies which physical componentsÕ maintenance is the responsibility of individual owners and which is the responsibility of the Association.

 

Table Ð Division of Maintenance Responsibility

 

Responsibility of:

Physical Component

HOA

Front Yard Landscaping, Irrigation and Trees

Owner

Courtyard, side yard, & rear yard Landscaping, Irrigation and Trees

HOA

Valencia Slope (Located between Valencia and Las Palmas)

LJCCA

Rose Canyon Slope (Located south of Cassis, adjacent to Rose Canyon)

Owner

Individual Slopes (Located behind homes on north side of Cassis)

Owner

Driveways

Owner

Side-walks and walk-ways in front of individual homes

HOA

Sidewalks in front of or adjacent to CaminitoÕs Grimaldi, Braga, & Franche

Owner

Individual Domestic Water lines from home to street

Owner

Exterior and Interior of Home

Owner

Courtyard Gate

Owner

Courtyard walls both interior and exterior

Owner

Side yard Wood Fences, Wrought Iron Fencing and Masonry Walls between owners or where fencing does not abut common area

Owner

Wood fences and masonry walls facing Caminito Terviso & Caminito Cassis

Owner, HOA

Masonry walls facing common area; specifically: walls located along Palmilla Drive, La Jolla Colony Drive, Caminito Grimaldi, Caminito FrancheÕ and Caminito Braga

Owner, HOA

Wrought Iron Fencing facing common area; specifically: fencing located along the Valencia Slope

HOA

Perimeter fencing located along Rose Canyon Slope

 

 

 


Exterior Changes / Additions / Alterations / Applications

 

Architectural Control:  All exterior changes require approval of the Architectural Committee. (See Appendix A or Click here to view a form, or click here to download a form).

 

 

Outdoor Lighting Regulations (Front Of House)

 

Electrical Code:  All wiring shall meet local electrical codes.

Wiring:  No wiring and conduit shall be visible from the street. or sidewalk.

Unapproved Fixtures:  All lighting fixtures not matching or consistent with architecturally approved Valencia lighting fixtures shall be installed so as not to be visible from the street or sidewalk.

Definition: Unapproved Fixtures are those used in commercial, or utility applications or those which display features dissimilar to architectural styles not approved by the Architectural Committee.

 

Bulbs:  All bulbs or lamps in industrial lighting fixtures shall not be visible from the street or sidewalk.

Fluorescent Bulbs:  Fluorescent bulbs shall not be visible from the street.

Three Bulbs:  No single fixture shall have more than three bulbs or lamps.

Total Wattage:  The total wattage of all bulbs or lamps used in a single fixture shall not exceed 200 watts.

Lamp Wattage:  The power rating of any single bulb or lamp shall not exceed 100 watts.

Sodium Vapor Lamps:  Mercury, Xenon, Sodium vapor or other gas discharge lamps are not permitted.

Motion Sensors:  Motion sensors are acceptable if the sensors or associated industrial fixtures are not visible from the street or sidewalk.

 

 

Garage Modifications

 

Garage Office or Living Space:  No portion of a garage shall be converted into office or living space.

 

 

Exterior Front Doors 

 

Door Alterations:  All exterior door changes, additions or alterations require approval of the Architectural Committee.

Stained Front Doors:  Exterior Front Doors shall be stained according to the approved stain palette 

Door Designs:  Acceptable designs include three to twenty-four-panel wood or fiberglass single or double doors, with or without glass panels.

Glass Panels:  Glass panels in doors shall be textured, un-colored, translucent, and square or rectangular in shape: not more than 25% of door area shall be in glass panels.

Number of Glass Panels:  The number of glass panels per door is subject to the approval of the Architectural Committee.

Glass Designs:  Mullion and glass designs are subject to approval of Architectural Committee.

 

 

Screen Doors

 

Security Screen Door:  Installation of a metal security screen door is approved for front and rear doors only. 

Kitchen Screen Door:  Metal security screen doors are not approved for single story kitchen doors. 

Screen Door Design:  Screen door designs are subject to approval of the Architectural Committee. 

Screen Door Color:  Screen door color is subject to approval of the Architectural Committee. 

 

 

Front Door Stain Colors

 

Approved Front Door Stain Colors:  An approved stain must be used

Approved Stains

 

Sherwin Williams

SW3117-K Golden Oak

Sherwin Williams

SW3118-K Fruitwood

Sherwin Williams

SW3127-K Culinary Cream

Sherwin Williams

SW3134-K Weathered Teak

Zar

110 Salem Maple

Zar

114 Provincial

Zar

120 Teak Natural

 

Front Door Stain Approval:  An Improvement Application identifying the proposed stain colors, must be submitted for review by the Architectural Committee.

Front Door Painting:  Front doors cannot be painted.


House & Trim Paint Colors

 

Approved Paint Palette:  Homes must be painted in accordance with the approved House Trim Paint Color options shown in the Palette below.

Color Palette Book:  Color Palette Books are available from the Property Manager. (Color Palette).

Three Colors:  Any one, two or three colors within each option may be used for trim.

 

 

Approved House Trim Paint Color Palette

Please refer to Valencia Color Palette Books.

 

Option 1

381 Mesa Tan

 

8734M Bark Mulch

8704D Stratford Brown

Option 2

393 Sonoma

8243M Amber Waves F29

8284D  Falling Leaf

Option 3

527 Market Basket

 

8694M Wood Cut

8764M Lava Rock

Option 4

534 Sisal

8223M Sienna Sand F27

8234M Daplin

Option 5

545 Crown Point

8253M F30 Swept Plains

8274M Festoon

Option 6

8241W Tenderfoot

8262W Peanut Shell CGI

539 Casita

Option 7

390 Western Beige

8724M Meadowlark

8754D TomorrowÕs Taupe

Option 8

213 Travatan

8254M Cinnamon Spice

8265A Basque Brown

Option 9

8802W Threshold Gray CGI

115 Cape Cod Gray

8774M Tankard

Option 10

8695D Thatch Roof

534 Sisal

180 Sand Dune

Option 11

212 Spanish Brown

390 Western Beige

8234M Daplin

Option 12

8835D Pawnee

381 Mesa Tan

551 Woodrose

Option 13

533 Cilantro

8694M Wood Cut

8692W Bauhaus Buff CG1

Option 14

8254M Cinnamon Spice

213 Travatan

8724M Meadowlark

Option 15

 

399 Terrazzo

527 Market Basket

181 White Shadow (not as Garage Door Color)

8222W Desert Fawn

8201W Burma Buff

 

 

Stucco Color:  Exterior stucco, if it is to be painted, must be painted Arizona White (Frazee #182).

Doors And Trim:  French doors and side (pedestrian) garage doors and their respective adjacent trim, must be painted Arizona White (Frazee #182) and not a contrasting trim color.

Architectural Approval:  Architectural approval is required for exterior painting. (See Appendix A, or download a form by clicking here: Improvement Form.)

 

 

Garage Doors

 

Garage Door Replacement Approval:  Architectural Committee approval is required for garage door replacement, except for identical door replacement.

Garage Door Form:  Submit replacement application on a Garage Door Replacement Form.  (See Appendix A, or download a form by clicking here: Garage Door Replacement Form)

Single or Double Doors:  These requirements apply to single or double garage doors

Sectional or Pivot-Hinge Doors:  Garage doors may be sectional or pivot-hinge doors

Wood or Metal Doors:  Garage doors may be replaced with wood or metal doors

Insulated Doors:  Metal doors must be insulated

Garage Door Color:  The color of garage door(s) must conform to the Garage Door Color Palette; Garage Door Color Palette.

Windows And Vents:  Windows or vents in garage doors are not permitted

Replace All Doors:  All doors must be replaced at the same time

Door Panels:  Panel designs must generally conform to one of the patterns shown below:

 

 Approved Garage Door Designs

 


 


Garage Door Colors

 

Garage Door Painting Approval:  Architectural Committee approval must be obtained prior to commencement of painting a garage door. (Garage Door Replacement Form)

Garage Door Colors Painted by Owner:  Wood or metal doors, if painted by the owner, must be painted in a single, approved color from the House & Trim Color Palette, or they may be painted Arizona White (Frazee #182).

14-Day Painting:  New garage doors requiring painting must be painted within 14 days of installation.

Metal Garage Door ManufacturersÕ Colors:  Metal garage doors in manufacturersÕ colors must be selected from the approved Palette shown below and must be used only with approved house trim color combinations.

 

Approved Colors for Metal Garage Doors Painted by Manufacturer

(must be coordinated with House Trim Color Palette)

Martin

Amarr

Wayne-Dalton

Clopay

Door Tech

Raynor

Light Almond

 

Almond

Almond

Almond

Almond

Clay Tone

Adobe Stone

 

Gray

Taupe

 

Gray

Almond

 

Sandtone

 

Sandtone

 

Approved Metal Door Ð House Trim Color Combinations:  Metal Garage Doors in approved manufacturerÕs colors must be selected from approved Garage Door & House Trim Color Combinations (Use the guide provided in the Color Palette book, or click here to view the guide on the Valencia website: Metal Garage Door Ð House Color Combinations).

Metal Garage Door Color Approval:  A Garage Door Replacement form must be submitted to the Architecture Committee for approval of colors for any new metal garage door. (See Appendix A or Click here to view a form, or click here to download a form).

 

 

Windows

 

Window Approval:  Architectural Committee approval must be obtained prior to commencement of replacing or adding any windows. (See Appendix A or Click here to view a form, or click here to download a form).

Frame Color:  White, Bronze and Black Frame Vinyl Windows are permitted, subject to review & approval of the Architectural Committee.

 

 

Solar Panels

 

Solar Panel Approval:  Architectural Committee approval must be obtained prior to commencement of installation of solar panels. (See Appendix A or Click here to view a form, or click here to download a form).

Below Fence:  Rear-yard solar panels shall not extend above the fence.

Panel Visibility:  Rear-yard solar collectors shall not be visible from ground level of adjoining lots.

Rooftop Panels:  Solar collectors may be mounted on the roof only if no other reasonable (as determined by CA Civil Code 714(b)(1)) location can be used

Terra-Cotta Solar Collectors:  Terra cotta colored collector panel are approved for rooftops.

Limited Street View-lines:  Rooftop solar panels shall be minimally visible from street level.

View-line Neighbor Notification:  All neighbors with view-lines of a rooftop installation must be notified using the Neighbor Notification form.

Debris Accumulation:  Solar panels and surrounding roof areas shall be kept free of debris and in good condition.

 

 

Satellite Antennas

 

Definition:  Antenna means wire-array, satellite dish or other structure used to receive electromagnetic signals.

Definition:  Transmission Antenna means any antenna, satellite dish or structure used to transmit electromagnetic signals.

 

Antenna Application Form:  Written notification of intent to install the antenna must be provided on the Antenna Installation Advice Form.

Type And Size:  The application must include a description of the type of antenna to be installed and its size.

Mast:  The application must identify whether a mast will be used, and if so, its size.

Location:  The application must include a description of the location of the antenna, including a diagram or drawing depicting the exact location.

1 meter Diameter:  Antennas shall not be larger than 1 meter (39.37 inches) in diameter.

On Owner's Property:  Antennas must be located on the applicant owner's property.

Not Visible From Street:  Antennas shall not be visible from the street.

Below Lowest Party Wall Height:  Antennas should be positioned below the lowest side or rear-yard party wall, unless such a position prohibits the best possible signal to be received.

Preferred Locations:  Preferred locations include rear yard, side yard adjacent to other equipment, or screened by shrubbery, on a roof - adjacent to a chimney or on a rear roof area, not visible from the street.

Antenna Landscape Screening:  When landscaping is used for screening, it should match existing landscaping materials to the extent possible.

Transmission Antennas Prohibited:  Transmission antennas are prohibited unless approved in writing by the Board of Directors.

 

 

Entry Gates and Codes

 

Forcing Gates Open:  Gates shall not be forced open.

Gate Damage:  Damage to the gates caused by forced opening is the responsibility of the person forcing the gate.

Vendor Codes:  Residents shall use a specific code provided for distribution to vendors and service persons. 

Responsible Use:  Residents must be security-conscious and distribute the vendor code only to responsible vendors.

Code Posting Fine:  There is a fine of $250 for the posting of the gate codes. 

Code Security:  If a code has been given to an individual or party that should no longer have access, the Property Manager must be notified in writing.

Code Distribution:  Care must be exercised when distributing the security codes to individuals outside the community.

 

Notice: In the event of a power loss or need to manually release the gates or to hold the gates open, contact the Property Manager who has a list of owners with keys. 
In an emergency, call:

 

858.495.0900

 

 


Architectural Improvements / Approval

 

Approval Required By Article 17 Of CC&Rs:  Article 17, below, of Valencia CC&R's requires approval of exterior improvements or alterations before work begins.

Article 17  - Project Architectural Control

 

17.1 Approval Required.  No building, improvement, grading, fence, wall and/or other structure, including but not limited to landscaping (except landscaping within the rear yard of Residential Lots), swimming pools, patios, lights, shall be commenced, erected, placed maintained or altered within the Project, nor shall any exterior addition to or exterior change, alteration, or exterior improvement be made until the complete plans and specifications showing the nature, kind, shape, height, color, materials, and location of the same shall have been submitted and approved in writing by the Community Architectural Control Committee (ÒCommitteeÓ), and the owner has obtained a building permit as may be required by local government authorities.

 

 

Architectural Committee Approval:  For any exterior change or alteration, written approval from the VHOA Architectural Committee is required.

Repainting Exception:  Approval is not required for exterior repainting in the existing color.

BOD Approval:  After Architectural Committee approval, the approval of the VHOA Board of Directors must also be obtained.

LJC ACC Approval:  Approval is also required from the Architectural Control Committee of the La Jolla Community Homeowners Association.

Improvement Application Form:  Approval shall be requested using an Improvement Application Form.  (See Appendix A or Click here to view a form, or click here to download a form).

Neighbor Notification Form:  All contiguous side and rear-yard neighbors must be identified on a Neighbor Notification Form.  (See Appendix A or Click here to view a form, or click here to download a form).

Submit Forms to Property Manager:  Forms must be submitted (keep a copy!) to the Property Manager.  (Electronic submission is acceptable, or fax or U.S, Mail)

Design Regulations:  Approval is subject to Design Regulations, listed below.

 

 

Design Regulations - Front Yard

 

Definition:  Front Yard is the area outside courtyard walls that is the responsibility of the owner, and is maintained by the association.

Front Yard Changes:  No changes to the front yard area are permitted without the express written consent of the Architectural Committee. 

Walkway Elevation:  There shall be no change in walkway elevation.

 

 

Design Regulations - Courtyard

 

Permanent / Temporary Structures:  No permanent or temporary structures shall be constructed to extend above or beyond courtyard walls. 

Awnings And Shades:  Awnings, sunshades, bamboo screens, and lattice works are not permitted in courtyards.

Spas And Tubs:  Jacuzzis/spas/hot tubs are not permitted in courtyard areas.

Ornamental Trees:  Ornamental trees may be kept in movable pots or planter boxes in courtyard areas. 

Courtyard Plantings:  Trees shall not be planted in the ground in courtyard areas, with the exception of the following trees, unless approved by the Architectural Committee.

Approved Plantings:  Approved for courtyard ground planting are:

 


 

Hymenosporum flavum (Sweetshade)

Melaleuqa quinquenervia (Cajeput Tree)

Raphiolepis indica "standard" (India Hawthorn)

Photinia fraseri "standard" (no common name)

Betula alba (European White Birch) Eriobotrya deflexa (Bronze Loquat)

Ilex altaclarensis "Wilsonii" (Wilson Holly)

 

Feijoa sellowiana (Pineapple Guava)

Pinus thunbergiana (Japanese Black Pine)

Pyrus Kawakamii (Evergreen Pear)

Arecastrum Romanzoffianum (Cocos plumosa)

Lagerstroemia indica (Crape Myrtle)

 


 

Tall Landscaping:  Location, size and species of any landscaping that may ultimately extend above the courtyard wall must be shown on a plan submitted to the Architectural Committee.

Courtyard Gate:  If a gate is to be installed at the courtyard wall, it must conform to an approved gate design.

Approved Gate Designs:  Approved designs are shown in Appendix B.

Gate Color:  Gates must be painted black or to match the stucco color of the house.

 

 

Design Regulations - Yard Rear Area

 

Overhead Structures:  Any structures or overhead construction visible over side fence and/or rear yard fence height shall be painted in same color as house structures, fascia or trim color.

Tree Plan:  Location, size and species of trees must be shown on plan submitted to the Architectural Committee, before planting.

 

 

Design Regulations - Other

 

Drainage:  Courtyard areas are presently designed to maintain a minimum 1 % positive drainage away from the building foundation and all improvements must conform to this specification.

Drainage Water Flow:  Water must be directed to flow toward area drain or under the courtyard wall. 

Area Drains:  Drains are not to be obstructed. 

Courtyard Drainage:  Drainage under courtyard walls shall not be obstructed.

Existing Area Drains:  Water must be directed to flow toward existing area drains or to street. 

Redirecting Water:  Water may not be directed to adjoining lots or open space areas.

Overspray:  All irrigation systems shall be adjusted to prevent overspray onto walks, at fences, buildings and courtyard walls.

Responsible for Damage:  The owner making improvements shall be responsible for damage caused to the streetscape common area, or neighboring property as a result of construction improvements. 

Construction Debris:  The owner making improvements shall be responsible for cleanup of construction debris and other materials from affected property.

Debris Removal:  All construction debris shall be removed from common areas, front lawns and from view from the street.

Dirt Placement:  Dirt shall not be placed against fences on property lines or against courtyard walls. 


Procedure For Obtaining Architectural Approval

 

1. Fill-out an Improvement Application Form:  Requests for all exterior changes shall be submitted on an Improvement Application Form.  (See Appendix A or Click here to view a form, or click here to download a form).

 

2. Submit Neighbor Notification Form:  Owner shall identify names and addresses of side and rear yard neighbors and across-the-street neighbors using the Neighbor Notification Form. (See Appendix A or Click here to view a form, or click here to download a form).

 

Provide Form to each neighbor:  Provide (Mail or Hand-Carry) a Neighbor Notification Form copy to each affected neighbor.  (An applicant may provide a Self-Addressed, Stamped-Envelope to facilitate return of the Neighbor Notification Form to the applicant).

 

3. Submit Forms to the Property Manager:  Submit the Improvement Application Form and the Neighbor Notification Forms to the Property Manager.

 

Sixty-Day Lead Time:  Forms shall be submitted to the Property Manager at least Sixty, (60) working days prior to anticipated start of construction.

 

4.  Submit Plans

Two Copies of Drawings:  Two copies of a detailed, dimensioned drawing (preferably accompanied by design brochures, photos and graphic aides) must accompany the Improvement Form

 

Design Drawing Detail:  Drawings should show existing and proposed structures, lot lines, slope banks, fences, courtyard walls, locations of doors, gates, existing area drains and all proposed modifications of the existing area drains. 

 

Materials, Colors And Size:  Improvement Forms shall also list materials, colors and sizes of proposed improvements.

 

5. Temporary Storage:  If the front yard area is to be used for the temporary storage or assembly of building materials during the improvement process, the location shall be stated on The Improvement Application Form.

 

6. Applications Forwarded:  Improvement Application Forms may be forwarded to the La Jolla Colony Community Association Architectural Control Committee for consideration. 

 

7. Compliance:  Improvements shall be completed in compliance with the submitted request and plans.


Violations and Fines

 

Observation of a Violation:  Residents or the Property Manager may report violations,

Definition: A Violation is a breach of the Valencia Declarations of Covenants, Conditions and Restrictions and/or of these Rules and Regulations.

Report to Property Manager:  Violations shall be reported to the Property Manager.

Evidence of Violation:  A Board Member or the Property Manager must conduct an on-site inspection to observe and possibly record evidence (e.g. a photo) as proof of a violation.

Verification by Board:  The VHOA BOD must review and verify reported violations and associated proof before remediation is requested and before enforcement begins.

Written Notice of Violation:  A written Notice of the Violation (NOV) will be sent requesting remediation.

Opportunity for Consultation:  The NOV shall advise the recipient of the opportunity to consult with the Property Manager or with the BOD if there are questions about the violation or concerns over the validity of the violation.

Remediation:  Remediation of violations is required and notification of the remediation to the Property Manager is requested.

Confirm Remediation:  A Board Member or the Property Manager must conduct an on-site inspection to confirm the remediation.

Second NOV:  The Board may initiate a second NOV if, after the first NOV, the violation is not corrected.

Mandatory Hearing:  If, after issuance of a second NOV, remediation fails to occur, a hearing shall be scheduled requiring the responsible homeowner to explain the failure to remediate and to inform the owner of pending disciplinary enforcement and fines.

Definition: A Hearing is an opportunity to conduct an in-person, vis-ˆ-vis communication between the BOD and the Homeowner.  The hearing allows each to present a case for or against the violation, to understand the basis of the violation, the reasons for failure to remediate the violation, to set a schedule for remediation and the imposition of fines if applicable..

Alternative Dispute Resolution:  Residents, or the BOD may seek alternative dispute resolution (ADR) if agreement is not reached as a result of a hearing. (For more info: follow this link, then scroll to CA Civil Code Section 1354)

Ombudsman:  The homeowner may use the services of an Ombudsman anytime during the violation process.

Disciplinary Enforcement:  If remediation fails to occur or if the Mandatory Hearing has not been attended, enforcement in the form of Fines and subsequent Legal Action may be initiated

First Fine:  The first fine for failure to correct a violation is $50.00

Second Fine:  The second fine for a failure to correct a violation is $75.00.

Third Fine:  The third fine for continued failure to correct a violation is $100.00.

Subsequent Fines:  The board may impose additional fines if the violation continues.

Legal Action:  Following a third fine, the Board may exercise the option of initiating legal action in which case the homeowner may be responsible for attorneyÕs fees..

Gate Code Posting Fine:  There is a fine of $250 for the posting of the VHOA security gate codes.

 

 


Appendix A Ð Forms

Text Box: 7/3/03

 

Garage Door Replacement Application Form

 

Instructions:  Please refer to Rules & Regulations pages 13 & 14.  Please review Frequently Asked Questions on back of this page.  Fill-out the form; Check all appropriate boxes; Fill-in requested information; Make a copy for your records, and submit to the Property Manager.  Please do not write in the shaded area. 

Neighbor notification is not required for garage door replacement.

Windows and vents in doors are not permitted.

 

DATE: _____________________

 

NAME OF HOMEOWNER: ________________________________________________

ADDRESS: _____________________________________________________________

E-Mail: _______________________ PHONE Number: __________________________

 

Description of Proposed Garage Door(s): Check or fill-in appropriate items.

Size:

Single

Double

Material:

Wood

Insulated Steel

Type:

Sectional

Pivot-Hinge

Panel Style:

Short Panel

Long Panel

Color:

Door Color

Frame Color

Door Manufacturer

 

Current House Trim Colors:

 

Proposed Date of Installation: _______________________________________________

Proposed Date of Painting, if applicable: ______________________________________

Installer: ________________________________________________________________

 

This section for Architectural Committee, BOD and Property Manager Use Only:

Property Manager Receipt Date:

 

Architectural Committee

Approval/Date

Disapproval Reason/Date:

 

 

Board of Directors

Approval/Date

Disapproval Reason/Date:

 

 

Architectural Committee Final Inspection

Approval/Date

Disapproval Reason/Date:

15 April 2004


Frequently Asked Questions

 

Do I need to get approval to replace a garage door? Ð Yes.  Architectural Committee approval is required for garage door replacement, except for identical door replacement.

Submit replacement application on this form.  Submit the form to the Property Manager.

 

Can the door have Windows And Vents? - Windows or vents in garage doors are not permitted.

 

Can I replace just one of two doors? - All doors must be replaced at the same time

 

What kinds of doors are allowed? - Single or double garage doors, Sectional or pivot-hinge doors, Wood or Metal doors; but metal doors must be insulated.  Metal door designs must generally conform to the long panel or short panel designs below:

 




Raised Short Panel styles in 2x4, or 4x4 pattern or Raised Long Panels styles in 4x4 or 8x4 pattern are approved.  Flush Panel Styles are not approved.

 


What about color? - The color of garage door(s) must conform to either the House Trim Color Palette (if the doors are wood or if the doors are metal and are re-painted by the owner), or the Garage Door Color Palette (if the doors are metal and painted by the manufacturer.  Wood or Metal doors, if painted by the owner, must be a single color from the House Trim Color Palette.  Metal doors supplied in colors painted by the manufacturer may be used, but must be selected from a special color palette (Garage Door Color Palette), because not all manufacturersÕ colors are compatible with our house trim colors.  A Color Palette Book containing sample metal color chips is available from the Property Manager.  Please be advised that colors on the web or in printed documents may not be Ôtrue.Õ  Only the VHOA Color Palette Book provides Ôtrue-colorÕ and the most up to date color information available.

 

Can I install a metal door without painting it? Ð Yes, if you select one of the approved manufacturerÕs colors from the Garage Door Color palette.  See the Color Palette Book for the approved house trim color combinations for various metal door manufacturers.  If your house trim is not compatible with your choice of metal garage door color, you may select an alternate approved door color or you may paint your house trim an approved color.

 

How soon must I paint my door? Ð Within 14 days of installation.


VALENCIA HOMEOWNERS ASSOCIATION
 

Antenna Installation Application Form

 

Use this form for requesting approval of an antenna or satellite dish installation.  Please refer to Rules and Regulations on page 15.  Attach a diagram of proposed antenna location.  Include alternate locations.  Mail this form and attachments to the Property Manager.  Please do not write in shaded areas.

 

 

Date Submitted:

 

 

 

Homeowner Name:

 

 

 

 

Street Address:

 

 

Day

Phone:

 

Evening Phone:

 

 

Type of Antenna:

 

Antenna Size:

 

Mast Height:

Location of Antenna (Cannot be visible from street):

 

 

Alternate Location:

 

 

Date of Installation:

Installer / Vendor Business Name:

 

This section for Architectural Committee, Board of Directors and Property Manager Use Only

Property Manager Receipt Date:

 

Architectural Committee Approval/Date:

Disapproval Reason/Date:

Verification Date:

 

Board of Directors Approval/Date:

Disapproval Reason/Date:

Verification Date:

 

La Jolla Colony Architectural Control Committee Approval/Date:

Disapproval Reason/Date:

Verification Date:

 

Architectural Committee Final Inspection Date:

 

15 April 2004


 

VALENCIA HOMEOWNERS ASSOCIATION

 

Improvement Application Form

 

Use this form for all exterior modifications to your home (there are some exceptions). Refer to Rules and Regulations pages 10 - 20.  Check all appropriate boxes and provide all requested information.  Submit this form at least 60 days prior to intended start of project, accompanied by a Neighbor Notification Form to the Property Manager.  See instructions on page two.  Please do not write in shaded areas.

 

Homeowner Name:

First:

Last:

Address:

 

San Diego, CA

92122

Daytime Phone:

 

Evening Phone

 

Floor Plan / Model

 

e-mail

 

Date Application Submitted:

Date of Modification to Original Application:

 






 

Description of Improvement:

 

 

 

 

 

 

 

 

Proposed Start Date:

Proposed Completion Date:

Component Painting Plans Included?

Paint Palette Option Chosen (indicate option number & colors to be used):

Two (2) Copies of Design Drawings Included?

 

This section for Architectural Committee, Board of Directors and Property Manager Use Only

Property Manager Receipt Date:

 

Architectural Committee Approval/Date:

Disapproval Reason/Date:

Verification Date:

 

Board of Directors Approval/Date:

Disapproval Reason/Date:

Verification Date:

 

La Jolla Colony Architectural Control Committee Approval/Date:

Disapproval Reason/Date:

Verification Date:

 

Architectural Committee Final Inspection Date:

 

15 April 2004


Instructions.

 

Please fill in the form completely and provide requested drawings and information so the Architectural Committee can quickly approve and submit this application to the BOD.  The following Frequently Asked Questions should be helpful in deciding whether to fill out this form and what to include, assuring it will be processed without delay.

 

Frequently Asked Questions

 

What modifications require use of this form?  The form must be submitted for all exterior landscaping, architectural, structural or appearance-related modifications to your home.  This includes, but is not limited to: house painting, wall hangings, lighting, trellises, shade-structures, pools, spas, fences, trees, shrubbery, awnings, decking, paving, planters and play structures.  Any modification requiring the breaking of ground or the penetration of a surface or wall requires approval.  If there is any doubt, ask the Property Manager.

 

What about painting and colors?  You must use this form if you plan to paint the exterior of your home.  Colors are regulated by the Rules and Regulations on pages 12 to 14.  You should consult one of the Color Palette Books available from the Property Manager.

 

What about just redoing the plantings in my back yard?  No.  Only front courtyard plantings must be approved.  Rear yard hardscaping must be approved, but not plantings Ð with the exception of trees that might interface with structures, walls and gates, or that might interfere with overhead electrical power lines.

 

IsnÕt a building permit enough?  It is if your modifications affect JUST the interior of your home, but any exterior modification requires Architectural Committee approval and may require a building permit as well.

 

What level of detail must I include?  The Architectural Committee needs to be able to see enough detail to determine if the proposed modification meets all the requirements and standards in the Rules & Regulations pages 10 - 20.  Sufficient detail is required to determine if colors in combination will be acceptable; if structures, materials, grades, and drainage conform to precedence and standards; if departures from accepted, past standards are acceptable and if the overall look and feel of the modifications will, in the committeeÕs judgment, conform to the aesthetic envelope of Valencia.

 

What drawings are required?  Design sketches are the minimum acceptable level of detail.  Design drawings are the highest level of detail required (Blueprints are not required).  The painting plan for all trim components must be identified.  The style, color, construction and material of all doors and windows must be identified.  Standard building plans: framing, electrical, plumbing, irrigation, drainage (sewage and landscaping), flashing, gutters, and coatings (stucco, roof tile and paving), drawn to scale and provided along with materials lists Ð are not required.  Photo examples, brochures, specifications and product design descriptions are helpful.

 

Must I submit this form if I plan to redo my garage door?  Submit only the Garage Door Replacement Form, unless you are also changing the color or structurally altering the trim, fascia or stucco around the garage door.

 

And after IÕm done, What?  After completion, notify the Property Manager of the actual completion date.

 


VALENCIA HOMEOWNERS ASSOCIATION

 

Neighbor Notification Form

 

Please advise all your adjacent neighbors of your proposed improvements.  Enter the names and addresses of all your immediate (rear-yard and side-yard, and in some cases, across the street Ð depending on the visibility of the improvements) neighbors.  Submit a form to each neighbor, accompanied by a copy of the filled-in Improvement Form.  You may include a Self-Addressed Stamped-Envelope for your neighbor to return to you.

 

 

Dear Neighbor:

Please indicate your awareness of, and your concurrence or concern with the planned project with a signature and a checkmark or comment in the Agree/Disagree Column.  After indicating your response, please return the form in the enclosed stamped envelope.

 

Name

Address

Signature

Agree / Disagree

Phone / email

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

15 April 2004

 

LACK OF CONCURRENCE OF A NEIGHBOR DOES NOT MEAN REOUESTS WILL BE DENIED.

 

This form is not required for garage door replacement.

 


Appendix Ð B Graphics of Approved Designs

 

Courtyard Gates

Gate Option A

 

 

Gate Option B

 

 

 

 

 


Gate Option C

 

Gate Option D

 

 

 


Appendix C - Authority

 

The authority to change the rules is based on the Valencia By-laws and the Valencia Declaration of Covenants, Conditions, and Restrictions (CC&Rs).

 

Valencia By-laws provide that:

Article 2.27 "Project Rules" shall mean the rules and regulations adopted by the Project Board for the governance of the Project                         

 

Article 7 - Powers, Duties and Limitations of Project Board of Directors, Section 7.1.15 - Rules, gives the Board the duty and power to form rules for the operation of the Project, Project Common Area, and facilities owned or controlled by the Project Association.

 

Valencia CC&Rs provide that:

Article 3.29 "Project Rules" shall mean the rules and regulations adopted by the Project Board for the governance of the Project                         

 

Article 9 - Powers, Duties and Limitations, Section 9.1.16 - Rules, gives the Board the duty and power to form rules for the operation of the Project, Project Common Area, and facilities owned or controlled by the Project Association.

 

Article 11 - Rule and Regulations, states "The Project Board shall have the right, from time to time, to adopt reasonable rules and regulations not inconsistent with the provisions of this Project Declaration governing the use of the Project Common Area, by the Owners of the Residential Lots and their occupants and guests, and to the conduct of such persons thereon, including rules relating to pets and animals, vehicular parking, speed limits, and any other activities as to which such conduct might adversely affect the Project or its appearance or might offend, inconvenience or endanger the Owners or their occupants and guests.