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HomeMy WebLinkAboutSupplemental Information Item M Received during Public HearingVJ J W PA20 1 �,, L. L! NG4.:!EiJ. CI.Grr,i?5r n!;u *!=. 1{03N M Notice o-,f kx_em_Oldh hecorciecl in officiai Decerde, Orange County Mu h Nguyen Clerk- 'ecordes Eii lillil l ►il' 111' Ii'Ilil 11111 Ill Jill 11!111i! 11 II NO FED *$ R 0 0 0 7 3 2 0 0 0 2$ 201585000157 8; 22 am 02/26115 2P2 " Z01, 0.00 59.00 0.0113 4.90 9.00 0100 0.00 0.00 County Clerk I City of Newport Planning Division County of Orange i 100 Civic Center Drive P.O. Box 1768 Public Services Division Newport Beach, CA 92658 -8915 Santa Ana, CA 92702 (949) 54A -3200 Project Titles Lido Partners Settlement Agreement project Applicant: City of Newport Beach, 100 Civic Center Drive ilevdport Beach, CA 92660, (949)6443210 Project Location — Specific: Former City Nall site located at 3300 l,leevport Blvd.; Via Lido Plaza located at 3415- 3461 Via Lido; and the southerly ±175 feet of Via Oporto pulzlic right of way north of 32 ,d St. (See attached maps) Project Location — City: Newport Beach' Project Location — County: Orange D"dription of Nature, Purpose and Beneficiaries of Project: Settlement agreement leading to the modification delivery truck access to an existing shopping center (Via Lido Plaza) that requires the modification and realignment offparking .spaces, landscape planters, and drive aisles within Via Lido Plaza and a new driveway for delivery truck access to.Via Oporto approximately 175 feet north of 32nd Street. The portion of Via Oporto from the new driveway t6'32nd5treetwill be converted to 2 -way traffic. The purpose of the project is to discontinue delivery truck access to Via Lido Plaza across the former City Nail site by providing access by Via Oporto. Beneficiaries: City of Newport Beach, 100 Civic Center Dr., Newport Beach, CA 92660 and Lido Partners, 3425 Via Lido, Ste. 250, Newport Beach, CA 92663 Name of Public Agency Approving Name of Person or Agency Carrying out Project: Citv of Newport Beach ° " ' -- Exempt Status: (check one): FED 2 5 20f5 rl Ministerial (Sec. 21080(b)(1); 15268); pFn, eceuarr 'c�rrx- nsnor�rabernats!snt Declared Emergency (Sec. 21080(b)(3); 15269(x)); t7Eauri ❑ Emergency Project (See. 21080(b)(4); 15269(b)(c)) categorical Exemption. State type and section number— 15301 9, 15303 d Statutory Exemptions. State code number Reasons why project is exempt• The action is exempt from the California Environmental Quality Act ('CEQA ") pursuant to Section 15301 (Existing Facilities) and Section 15303 (NeVj Construction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Approval of this Settlement Agreement will lead to the partial reconfiguration of an existing parking lot within Via Lido Plaza and a new driveway approach for delivery vehicles to Via Oporto and the conversion of approximately 175 feet of Via Oporto to 2 -way traffic. 5 cticn 15301 exempts minor alteration of existing public or - rivate facilities involving negligible or no expansion of use. The changes to the parking lot involve restnpmg parking - spaces and minor changes to parking lot landscaping. The minor reduction of off -street parking for Via Lido Plaza (seven spaces) does not reduce parking below the minimum required. The change from one -way to two -way traffic for a portion of Via Oporto required no physical change to the •_tree; other than new striping and signs. Section 15303 exempts the construction of limited new small facilities or structures such as a drive approach within an exi{", #street. w 0 x w x 0 O W O \� .i Q J W s W 0 x 0 J Q 5 S z U° I- <_ 3< U-9ccA—i la�i I t (a r� 6ta 1) �Ca Pb �1 « k , �► P. O. BOX 235 • SURFSIDE, CALIFORNIA 90743 OFFICE (562) 592 -2352 • FAX (562) 592 -2687 www.surfsidecolony.org • surfsidecolony @vedzon.net RULES AND REGULATIONS COLONY HISTORY GENERAL INFORMATION • 2015 0 Table of Contents • Page # Service Telephone Numbers 1 Introduction 2 Surfside Colony History 3 Surfside Colony Tax Districts 3 Physical Description of Surfside Colony 4 Board of Directors Meetings 5 Architectural Guidelines 6 -14 Assessment 15 A -Row Frontage Lease /Fees 15 Basketball (standing hoops) 16 Beach Regulations 16 Catamarans 16 Colony Owned Property 17 Complaints 18 Construction 19 Decals 19 Dogs 20 Easements 20 Entry to the Colony 21 Fences 22 Fireworks 22 Flooding 22 Page # Garage (Yard) Sales 22 Golf Carts 22 Security 23 Guest Passes 23 Library 24 Newsletter 24 Noise 24 Painting/Resurfacing, Exterior 24 Parking 24 Post Office & Post Office Parking Lot 26 Red Zones and /or Fire Lanes 26 Vehicle Restrictions 26 Parties 27 Playground 27 Process Service 28 Razors, Scooters /Motorized 28 Renters 28 Sale of Property 29 Scaffolding 29 Signage 29 Solicitation 29 Speed Limit 30 • Skateboard Ramps 30 Page tt Storage Side yards, Rooftops and Decks 30 Towing 30 Transponders 31 Traffic Cones /Other Types of Markers 31 Trampolines 31 Trash — Containers and Pick Up 31 Volleyball Courts 32 Wading Pools, Children's 32 • • TELEPHONE NUMBERS llte following numbers may be of use to Surfside Colon), residents. Unless otherwise noted, the area code is 562. • FIRE EMERGENCY ........................ ................... ............................... 911 POLICEEMERGENCY ............................................................. .............................91 1 POLICE - NON- EMERGENCY ................... ...................................................... 799 -4100 SURFSIDE COLONY OFFICE ............... ............................... ............................592 -2352 Box 235, Surfside CA 90743 SURFSIDE COLONY FAX LINE ............ ............................... ............................592 -2687 SURFSIDE COLONY FRONT GATE GUARD .. ............................... .......................592 -2325 SURFSIDE COLONY E -MAIL ................................................... surfsideco Ion y4 6crizon.net SURFSIDE COLONY WEBSITE ............................................ .........www.surfsidecolony.ore SURFSIDE POST OFFICE ............. ................592 -4679 .................... ............................... ANIMAL CONTROI_ ................................ ............................... .......................570 -7387 ANIMAL RESCUE— BIRDS AND MARINE ......... ...........................866 - 945- 3911(WILD911) . ww w.awTe.ore CITY OF SEAT_ BEACH ............................. ............................... .......................431 -2527 AREA SCHOOLS: MCGUAGH K-5 T11 — SEAL BEACH. CA .... ............................... .......................799 -4576 MCAULIFFE MIDDLE SCHOOL — LOS AI.AMITOS. CA ........................ .......... 714 - 816 -3320 OAK MIDDLE SCHOOL — LOS ALAMITOS. CA ... ............................................... 799 -4740 LOS ALAMITOS HIGH SCHOOL, LOS ALAMITOS. CA ............. .......................799 -4780 UTILITIES: GAS COMPANY .................................... ............................... ...................800 - 427 -2200 EDISON ELECTRIC ................................ ............................... ...................800 - 684 -8123 FIMF. WARNER CABLE ................... ............................... ...........................888 - 892 -2253 VERIZONFIOS ..................... ........................................... ........................ 800 - 837 -4966 VERIZ.ON PHONE .......................... ............................... ...........................800 - 483 -5000 • WATER (SEAL BEACH CITY) ..... ............................... ............................431 -2527 Ext. 309 INTRODUCTION Surfside Colonv. Ltd. has a birthdate of 1929. It was officially incorporated in the State of California on April 17, 160. Since that time it has developed a unique system of tax districts, a land -use plan which combines corporate and shareholder land, and a Board of Directors which administers the day -to -day affairs of ,this complex blend. As a self - reliant community always blending, patching and fixing in its own individualistic way, Surfside Colony, Ltd. has emerged as a collage of entities and diverse ownerships of land which works as a whole. Colony rules, regulations, policies, budgets and problem - solving procedures have been created overtime, some by the Board of Directors, some by the Shareholders. The purpose of this booklet is to create a better understanding oE. 1. The history of Surfside Colony, Ltd., its tax districts and its use of land. 2. The rules and regulations which create and maintain the Colony's quality of life. This booklet is intended as a reference guide. Inevitably, some questions will arise or, in some instances, clarification may be required. The Board of Directors welcomes any inquiries and stands ready to advise shareholders with regard to the interpretation of any of the rules and regulations contained herein. Board of Directors Surfside Colony, Ltd. 0 SURFSIDE COLONY HISTORY 0 SURFSIDE COLONY, LTD. Surfside Colony was originally founded in 1929 by the Phillips and Ilambaugh Realty and Development Company. The corporation was created for the purpose of developing and managing property which had originally been developed by the Ord Land Company and then purchased by the First National Bank of Los Angeles in 1929. The Colony was incorporated as a non -profit corporation on April 17, 1930. Property owners are shareholders in the corporation. The governing body is a Board of Directors consisting of 5 members elected by the shareholders. Each Director serves a 2 -year term without pay. The Colony employs an Administrative Manager and maintenance personnel. A list of the current Board of Directors is posted on the Colony bulletin board along with a list of Board Meeting dates. The Board meets on the second Tuesday of every month in the Colony office. Annual Shareholder Meetings are held within the Colony on the last Sunday of July. SURFSIDE COLONY ADMINISTRATION COLONY OFFICE The Colony office performs all administrative and accounting processes for the Colony. All Shareholder questions and concerns are handled through the office. TAX DISTRICTS There are two special tax districts within Surfside Colony. These tax districts are funded directly by the County of Orange via individual Shareholders property tax assessments. COMMUNITY SERVICES TAX DISTRICT is regulated by the Government Code of the State of California and the five Trustees are elected by voters of the district at regularly -held elections. Trustees must be residents of the district which is composed only of Surfside Colony. The Trustees are not paid for their services. This tax district contributes to ordinary bills such as street lighting and electric service, water, gas. gardening, street striping and security - related expenses. A list of current Trustees is posted on the Colony bulletin board. STORM WATER PROTECTION TAX DISTRICT is regulated by the Government Code of the State of California and the five Trustees are elected by voters of the district at regularly -held elections. Trustees must be property owners or freeholders of district which is composed only of Surfside Colony. The Trustees are not paid for their services. This tax district contributes to sand erosion projects, the sand replenishment program and related storm water control projects. A list of current Trustees is posted on the Colony bulletin board. SUNSET SANITATION DISTRICT is a third district serving Surfside and Sunset'Beach and is listed on your property tax bill. This district pays for trash and sewage disposal. There are 5 elected officials serving on this board, with one current member from Surfside Colony. SURFSIDE COLONY PHYSICAL DESCRIPTION Surfside Colony, Ltd. is located on a strip of land which is approximately- 7110 of a mile long, just east of Seal • Beach Boulevard in the City of Seal Beach. The Colony is bordered by the Pacific Ocean on the south, Seal Beach Naval Weapons Station on the west, Sunset Beach on the east and Pacific Coast Highway on the north. The Colony is divided into three rows designated as A, B and C, A -Row being the closest to the ocean. As of October 1, 2012, all Surfside Colony homes were assigned new physical addresses. All A and B Row homes are on Surfside Avenue ie 89 B Surfside Ave., Surfside. CA. All C Row homes are on Pacific Avenue ie 17 C Pacific Avenue, Surfside. CA. The streets are private and owned by the Colony. While retaining status as a private community, Surfside was annexed to the City of Seal Beach in 1968. Fire, Paramedic. Police and Lifeguard services are provided by the City of Seal Beach. Children in the community attend the Seal Beach and Los Alamitos schools. The main parking area is located adjacent to Pacific Coast Highway east of the main entrance gate at Phillips Street. This area is provided for visitor and over -flow parking. The Colony owns approximately 100 feet of sandy beach in font of the Colony (to the Mean High Tide Line): the remainder of the beach to the ocean is public and is owned by the City of Seal Beach. The Colony retains ownership of several lots. A -89, A -90 and A -91 are maintained as open property and playground area: B -89 is maintained for the administrative office and the Post Office and the Colony maintenance yard and building, known as D2. As a private community, access is restricted by a guard service at the Phillips Street entrance. Entrance at Anderson Street is controlled by a transponder. Surfside Colony is zoned R -i, Single Family Residence. There are 280 homes and six "grandfathered" apartments in the Colony COLONY OFFICE The Surfside Colony office is located at 89 B Surfside Avenue, Surfside, CA 90743. The mailing address is P.O. Box 235, Surfside, CA 90743. The office hours are Monday, Wednesday. Thursday and Friday 7:00am — 3:30pm. Tuesday hours are 9:30am — 6:00pm. POST OFFICE Surfside Colony has its own Zip Code - -- 90743. The Colony leases space for the Post Office to the Government, including a parking lot which is located directly in front of the Post Office building. This space is for the EXCLUSIVE USE of the Post Office and parking is limited to 20 minutes for the conduct of postal business. There is also a handicapped parking space within this lot which is for the exclusive use of Post Office customers. Courtesy parking in the lot is extended to Colony office visitors. The Post Office hours are currently 9:00 a.m. to 1:00 p.m. Monday through Friday. There is mail distribution to the boxes on Saturday mornings: however, there is no window service available. 0 4 BOARD OF DIRECTORS MEETINGS The Surtside Colony Board of Directors meets on the second Tuesday of every month. A listing of the meeting is dates is posted on the Colony bulletin board. Meetings are at 6:30 p.m. in the Surfside Colony office. Shareholders are welcome at any meeting and your participation in these meetings is appreciated. ANY SHAREHOLDER MAY REQUEST THAT A SPECIFIC ITEM BE AGENDIZED FOR DISCUSSION. HOWEVER, SUCH REQUESTS MUST BE RECEIVED ONE WEEK PRIOR TO THE MEETING DATE -- AND THE REQUESTOR MUST BE PRESENT FOR THE DISCUSSION. The Surfside Colony Annual Meeting is traditionally held on the last Sunday in July. Any homeowner officially listed on the corporate records may run for office. E I* ARCHITECTURAL GUIDELINES COMMUNITY GOALS • The purpose of these architectural guidelines is to set forth for the owners or their agents a set of standards to achieve prior to designing their home. The design and treatment is recognized as the owner's individual right. As it relates to the environment of Surfside and property values, it is of concern to the community. Therefore, prior to designing a new home or remodeling an existing home, the owners should review these guidelines and make certain their agents or architects have also reviewed them. Incorporation of these guidelines into the design will be reviewed by the Architectural Committee and the Board of Directors before submission for approval by the City of Seal Beach. Criticul elements for nets or remodeled homes are .rite sur•vevs to insure proper set - bucks, site drainage to insure all is uter remains on site, not on the street, and that height restrictions are adhered to. Code compliance with garage requirements and onsite parking are critical for all projects. ARCHITECTURAL STANDARDS AND PURPOSE GUIDELINES STREET SCENE: The residence should be designed to relate to adjacent homes and should not disrupt the continuity of the residential character as structures appear from the street. 2. UNIQUENESS AND DIFFERENCE: While striving for compatibility or residential character, the design should not be a mirror image of other structures. Creativity is encouraged and architecturally "stylish" homes are what we hope to see. . 3. ARCHITECTURAL. RELIEF: Specifically, a flat -front design is discouraged and the use of some relief at the street scene is a condition of approval. 4. LANDSCAPING: Where possible, the applicant should strive for some on -site landscaping. OFF -SITE COMPATIBILITY: Review of existing criteria on decks, walkways and windscreens shall also be conditioned upon approval.t Decks shall- not - obstruct`. the. view- of:adjoiriin igh ors::A_copy. the Scal "Be`ach CitV-'Code dni - 0rdinances'rs'available in the Colony office. ARCHITECTURAL PLANS - POLICY AND REQUIREMENTS A Shareholder intending to build or remodel ANY structure in Surfside Colony SHALL, PROVIDE SURFSIDE WITI I A SURVEY OF THE I.OT prior to approval of plans for such structure. Prior to demolition or for construction work to commence, all plans must be approved by the Architectural Committee and the City and City permits acquired. A copy of the City permit must be returned to the Surfside office and will be attached to the approved plans. 2. Any new construction or remodel of existing structures in Surfside Colony will provide Aj Survey and foundation certifications showing the foundation built on owner's lot. 10 6 13) Lot survey showing all required setbacks and fences C) As built plans (if required) D) Demolition plan (if required) F,) Lot drainage plan F) Detailed construction plans with minimum scale of 1/8" to F G) Color board showing exterior materials and colors 3. All costs for survey, lot line adjustments. recordation. and foundation certifications, etc. will be paid by the Shareholder. 4. Submit (3) sets of full size (3' X 4') plans to Surfside Colony for review by the Architectural Committee. Plans must include elevations and show off -site engineering details. This is to include a cross - section of the garage floor showing that the driveway approach does not disturb the street elevation. All proposed changes to the exterior of the property during construction shall be resubmitted to the Architectural Committee. Two (?) sets of plans will be returned after approval. The final plans stamped "Approved by Surfside Architectural Committee" will be the same plans that will be submitted to the City of Seal Beach (Seal Beach will not approve any plans without Colony review and stamp of approval). One set of plans will remain in the Colony office. ARCHITECTURAL PLANS - APPROVAL No construction or remodeling plans will be approved by the Architectural Committee and the Board of Directors where irregularities or violations may exist with regard to any Colony rules and regulations or • City /State codes. This would include but not limited to: A) Illegal use of the beach in front of A -Row homes B) Encroachments into any adjacent property including Colony owned streets or easements or other private property C:) Any rooftop structures in excess of the 35' allowable maximum height D) Deck lease structure violations F) Improper drainage F) Anything in conflict with the so stated architectural standards and guidelines Correction of any such violations will be a condition of approval and may be required prior to the start of construction. Approval of construction or remodeling plans does not release the applicant from obtaining the necessary building permits from any and all agencies involved. Any construction or remodeling work found to be in process without required approval from the Colony and/or without obtaining required permits from the City of Seal Beach will be subject to immediate "stop work" orders. ARCHITECTURAL GUIDELINES - NEW HOME and REMODEL CONSTRUCTION All plans must be final construction documents. Preliminan, architectural plans may be submitted for review and pre- approval. The following are the minimum requirements to be shown in these plans. a. Site plan showing setbacks, drainage. casements, property lines and any planned fences or walls. b. Plans should show the building of side -yard walkways and decks in such a manner that water can drain from decks and roofs into side -yards and be contained on site in an approved collection device. C. Plans should show a cross- section of the building driveway apron as it meets Surfside Colony's gutter. Any type of encroachment into the public right -of -way is prohibited. Cross - section must indicate owner property line location. d. Plans should show the building of any driveway apron is in a manner which does not obstruct surface water from draining laterally along Surfside Colony gutters. to apron may be built within the existing concrete gutter or beyond the owner's property line. In those areas where street parking is non - existent, owners are encouraged to increase their first floor setback to allow for such parking. e. Plans should incorporate the removal of any previously existing side -yard obstruction which had precluded proper drainage and access into side -yard. No air conditioning units or permanent structures may be kept in side -yard setbacks. After connection of sewer laterals, Surfside Colony will require inspection by the Sunset Beach Sanitary Water District prior to backfilling. g. Any refund deposits will be withheld until (I ) City inspection is complete and Surfside receives verification from the Sanitary Water District and a copy of the final inspection signed b} City of Seal Beach Building Inspector and (2) Surfside Colony inspects to ensure that any damage to gutter, street or beach • has been satisfactorily repaired and there are no violations to either City Code or Surfside's Architectural Guidelines. h. Exterior stairs should adhere to City Code Exterior staircases are the only permanent type of installation allowed on A -Row decks. In cases of major remodels, homeowners may be required to bring older staircases up to code or in line with Surfside Colony Architectural. Guidelines, depending upon the extent of the remodel. Plans must be full size with a 1/8" to 1' minimum scale and include the Surfside Colony lot number and the owners name and must incorporate floor plans, sections showing height of structure (35' maximum), exterior elevations and the following: A) Survey and foundation certifications showing the foundation built on owners lot. B) Lot survey showing all required setbacks and fences C) As built plans (if required) D) Demolition plan (if required) E) Lot drainage plan F) Detailed construction plans with minimum scale of 1/8" to 1' G) Color board showing exterior materials and colors Any other documents which may he required or requested for plan approval will be handled individually. • 8 ARCHITECTURAL GUIDELINES - REMODELING OF EXISTING HOMES •Dependent upon the extent of the construction, applicant may also be required to bring garages up to code to provide parking capabilities where none existed previously. and in those areas where street parking is non- existent, may be requested to increase the front setback to provide for such parking. Also, in some cases existing non- conlorming structures may be required to he brought up to current standards. 9 SEWER SERVICE FOR SURFSIDE COLONY 0 NOTICE Projects in Surfside Colony may require a Sewer Connection Permit from the Sunset Beach Sanitary District (SBSD) in accordance with SBSD Ordinance No. 12 -01. SBSD charges a connection fee for each new residential and for the remodel of an existing house costing $100.000.00 or more. All existing sewer laterals must be video inspected for all permitted new construction or remodels. Substantial costs may be incurred, for replacement or repair of defective sewer laterals. You are urged to contact the SBSD at 562493 -9932 for more information. R'hen you submit your plans for architectural review to Surfside Colony. please submit a copy of this notice stating you have contacted SBSD regarding their permit requirements. A permit, if needed. must be obtained from SBSD prior to starting work. NAME: PROJECT ADDRESS: TO BE FII.I.ED OUT BY StTNSET BEACH SANITARY DISTRICT: • _No permit is required because the project will cost less than $100,000.00 _1 have or will get a SBSD permit and have my lateral inspected before work starts. BY: Superintendent. Sunset Beach Sanitary District 10 CONSTRUCTION DEPOSITS/INSURANCE REQUIREMENTS Surfside Colony. Ltd., in its review of plans for construction, tear -down, remodeling and /or major repair of homes within the Colony, may require one or all of the following to be furnished. PRIOR TO THE START OI' ANY WORK. INTERIOR- 1. Interior remodel work with no trash dumpster; no exterior work 2. Interior remodel work with trash dumpster; no exterior work EXTERIOR- .3. Painting. stucco work. window replacement- no scaffold 4. Painting, stucco work, window replacement- with scaffold 5. New home construction or interior remodel greater than 50% of existing 6. Add: A -Row deck addition, remodel or replacement 7. Add: Street. underground utilities or driveway repair or replacement $ 1.000 $ 1,500 $ 2,500 $ 5.000 $10,000 S 1,500 $ 1,500 If Exterior Items 43, 94 or #5 apply then no Interior deposits will be added on top of these. If Items # 1, 02. #6 or 97 apply then these would be added together (i.e maximum deposit would be $4,500 by adding 92, 96 and 97) Maximum deposit would he $13.000 by adding Exterior Items 45 thru iiT LIABILITY INSURANCE COVERAGE ......... Minimum amount of* $1,000,000.00 This coverage, naming Surfside Colony as additional insured COMMERCIAL AUTO COVERAGE ..............Minimum amount of $1,000,000.00 PROOF OF WORKMAN'S COMPENSATION INSURANCE DEPOSIT OF FUNDS: Applicant acknowledges that all funds will be deposited until work is completed. Initials • 11 • CONSTRUCTION DEPOSIT AGREEMENT This agreement is entered into between hereinafter referred to as "Principal' and Surfside Colony, Ltd. to ensure the completion of work as required by Surfside Colony at the following address NOW. THEREFORE. IT IS AGREED THAT: I . Principal does herewith post cash deposit in the amount of for which Surfside Colony acknowledges receipt. 2. Principal does herewith provide proof of insurance naming Surfside Colony as additional insured. 3. If Principal complies with the provisions of Surfside Colony to the satisfaction of the Board of Directors, this deposit shall be released. 4. If Principal fails to comply in full, with the aforementioned requirements, the Board of Directors may order the work to be completed or put in a condition acceptable to the Colony. The deposit shall be used as necessary to pay for the completion of this work. After completion of the work. any funds remaining shall be refunded to the Principal. If the cost of the work exceeds the amount of this deposit, the Principal hereby agrees to reimburse Surfside Colony, Ltd. for any excess costs. 5. Principal agrees that any dispute arising from collections of monies for the work contemplated by this agreement will. per By -Laws of the Corporation. be submitted to arbitration and the terms of arbitration shall prevail. 6. All areas in Surfside and around construction site would be put back to original condition, including beach, streets, gutters and storm drains jffil 7. It is agreed that al l street work and/or street damage must be saw -cut and sub grade must be compacted back to 95 %. All asphalt paving must be 2" thicker than existing street. The sub grade shall be machine - compacted back and watered properly. Surfside Colony requires a compaction test at the expense of the contractor. The Architectural Committee must inspect the sub grade before any asphalt is installed. R. Thirty -five (35) days after the Surfside Colony office receives notice of completion. the deposit will be returned with a full accounting of any charges against that deposit which may have been required to be made. If any dispute arises between Surfside Colony and the contractor or homeowner for any reason, all monies will be held until the dispute is resolved to the satisfaction of the Board of Directors. If the dispute cannot be resolved, then it shall be submitted to binding arbitration per the Colony arbitration rules. Inspected for the Board of Directors by: Date Inspected: Signature Date Deposit Released: Initials • 12 CONSTRUCTION DEPOSIT FORM DATE: CONSTRUCTION SITE,: Deposits and/or insurance, as indicated. must be furnished prior to the start of any work: I. General /Damage Deposit Required: 2. General construction Deposit Required: I Beach Damage Deposit Required: 4. Liability Insurance Required: • Y\\\\\ Y\\\\\\\\\\\\\\\\\.\\\\\\.\\\\\\\\\\\\\.\\\\\\\\ O\\\ Y .. \ \1\\ / \ \. \ \ \ \\ \ \ \ \ \\ \ \ \ \\ \ \ \I APPLICANT: I have read of this Agreement and agree to all of these requirements. NAME: (Print) SIGNATURE: DATE;: FIOUSE4 ................................ ............................... a. a . . a . . a.... a. a . . . . . . . . . a.. SURFSIDE COLONY, LTD.: All deposit /insurance requirements indicated above have been met. FOR SURFSIDE: DATE: A copy of this agreement has been returned to applicant. • 13 CONSTRUCTION DEBRIS AND CLEANUP RULES & REGULATIONS CONSTRUCTION CLEANUP - DAILY "rhe Colony will not allow accumulation of any type of construction debris at any location throughout the Colony. All construction debris must be cleared from streets, side yards, beach and all other areas as rapidly as possible ON A DAILY BASIS. Any construction excavation dirt or debris resulting from work on A -Row homes CANNOT BE ACCUMULATED ON THE BEACH. Any such debris must be removed from the beach on a daily basis. All construction sites must be swept clean at close of working hours, on a daily basis. Colony trash bins may not be used for disposal of debris. It is the responsibility of the individual homeowner or builder to supply their own bins. Should debris accumulation occur, or if the work site is not maintained in good condition, the Colony reserves the right to stop work on the construction site until it is brought to acceptable condition, or such cleanup will be performed by the Colony and billed against the construction deposit. CONSTRUCTION CLEANUP - DRYWELLS Workmen. construction crews, or any resident may not wash or hose concrete paint stucco plaster, motor oil cleanine solvents or any other types of waste material /debris directly down into the drnwells or Colony torm Drains. This is not only against Surfside Colony rules and regulations but it is illegal under the City of Scal Beach Civil Code. Colony drywells cannot handle this type of usage and it is the personal responsibility of the 40 homeowner to ensure that Colony' drywells are not utilized for this purpose. Should this occur and damage results, it will be necessan• to have remedial cleaning performed. Homeowners will then be billed for the extensive time and labor involved CONSTRUCTION CLEANUP - FINAL AND INSPECTION The Colony reserves the right to delay return of any construction deposits until construction sites are inspected and found to be in acceptable condition. If debris is found on the sand it must be removed. If necessary, sand should be sifted until all debris is removed from below the surface of the sand. THE BEACH MUST BE RETURNED TO FT'S ORIGINAL CONDITION. In addition, all stucco, concrete, paint and other construction material must be cleaned from Colony streets, gutters and curbs. Any damage, including cuts and grooves must be repaired to original condition to the satisfaction of the Board of Directors. • 14 ^%b+ pro c ry, cJ GC!'` /JLf C/]O44` Y4 P. O. BOX 235 • SURFSIDE, CALIFORNIA 90743 OFFICE (562) 592 -2352 • FAX (562) 592 -2687 www.surfsidecolony.org • surfsidecolony @verizon.net RULES AND REGULATIONS COLONY HISTORY GENERAL INFORMATION 2015 Table of Contents Service Telephone Numbers Introduction Surfside Colony History Surfside Colony Tax Districts Physical Description of Surfside Colony Board of Directors Meetings Architectural Guidelines Assessment A -Row Frontage Lease /Fees Basketball (standing hoops) Beach Regulations Catamarans Colony Owned Property Complaints Construction Decals Dogs Easements Entry to the Colony Fences Fireworks Flooding Page # 1 2 3 3 4 5 6 -14 15 15 16 16 16 17 18 19 19 20 20 21 22 22 22 Painting/Resurfacing, Exterior Page # Garage (Yard) Sales 22 Golf Carts 22 Security 23 Guest Passes 23 Library 24 Newsletter 24 Noise 24 Painting/Resurfacing, Exterior 24 Parking 24 Post Office & Post Office Parking Lot 26 Red Zones and /or Fire Lanes 26 Vehicle Restrictions 26 Parties 27 Playground 27 Process Service 28 Razors, Scooters /Motorized 28 Renters 28 Sale of Property 29 Scaffolding 29 Signage 29 Solicitation 29 Speed Limit 30 Skateboard Ramps 30 Storage Side yards, Rooftops and Decks Towing Transponders Traffic Cones /Other Types of Markers Trampolines Trash — Containers and Pick Up Volleyball Courts Wading Pools, Children's Page # 30 30 31 31 31 31 32 32 TELEPHONE NUMBERS The following numbers may be of use to Surfside Colony residents. Unless otherwise noted, the area code is 562. FIREEMERGENCY ............................................................. ............................... 911 POLICE EMERGENCY ............................... ............................... ............................911 POLICE - NON - EMERGENCY ................... ............................... .......................799 -4100 SURFSIDE COLONY OFFICE .................... ............................... .......................592 -2352 Box 235, Surfside CA 90743 SURFSIDE COLONY FAX LINE ................. ............................... .......................592 -2687 SURFSIDE COLONY FRONT GATE GUARD ................. ....................................... 592 -2325 SURFSIDE COLONY E -MAIL ................................................... surfsidecolony@a verizon.net SURFSIDE COLONY WEBSITE ......................... ............................ www.surfsidecolon .or SURFSIDE POST OFFICE .......................... ............................... .......................592 -4679 ANIMAL CONTROL ................................ ............................... .......................570 -7387 ANIMAL RESCUE —BIRDS AND MARINE .................................... 866- 945- 3911(WILD911) ww,w.awre.ore CITY OF SEAL BEACH ............................. ............................... .......................431 -2527 AREA SCHOOLS: MCGUAGH K — 5T" — SEAL BEACH, CA ............................................... ........... 799 -4576 MCAULIFFE MIDDLE SCHOOL — LOS ALAMITOS, CA ........ ..........................714 -816 -3320 OAK MIDDLE SCHOOL — LOS ALAMITOS, CA ........................... .......................799 -4740 LOS ALAMITOS HIGH SCHOOL, LOS ALAMITOS, CA ........ ............................799 -4780 UTILITIES: GASCOMPANY ............................ ............................... ...........................800 - 427 -2200 EDISON ELECTRIC ........................ ............................... ...........................800 - 684 -8123 TIME WARNER CABLE ................... ............................... ...........................888 - 892 -2253 VERIZONFIOS ...................... .................................................................. 800 - 837 -4966 VERIZON PHONE .......................... ............................... ...........................800 - 483 -5000 WATER (SEAL BEACH CITY) ................... ............................................. 431 -2527 Ext. 309 Surfside Colony, Ltd. has a birthdate of 1929. It was officially incorporated in the State of California on April 17, 1930. Since that time it has developed a unique system of tax districts, a land -use plan which combines corporate and shareholder land, and a Board of Directors which administers the day -to -day affairs of this complex blend. As a self - reliant community always blending, patching and fixing in its own individualistic way, Surfside Colony, Ltd. has emerged as a collage of entities and diverse ownerships of land which works as a whole. Colony rules, regulations, policies, budgets and problem - solving procedures have been created overtime, some by the Board of Directors, some by the Shareholders. The purpose of this booklet is to create a better understanding of: 1. The history of Surfside Colony, Ltd., its tax districts and its use of land, 2. The rules and regulations which create and maintain the Colony's quality of life. This booklet is intended as a reference guide. Inevitably, some questions will arise or, in some instances, clarification may be required. The Board of Directors welcomes any inquiries and stands ready to advise shareholders with regard to the interpretation of any of the rules and regulations contained herein. Board of Directors Surfside Colony, Ltd. SURFSIDE COLONY HISTORY SURFSIDE COLONY, LTD. Surfside Colony was originally founded in 1929 by the Phillips and Hambaugh Realty and Development Company. The corporation was created for the purpose of developing and managing property which had originally been developed by the Ord Land Company and then purchased by the First National Bank of Los Angeles in 1929. The Colony was incorporated as a non - profit corporation on April 17, 1930. Property owners are shareholders in the corporation. The governing body is a Board of Directors consisting of 5 members elected by the shareholders. Each Director serves a 2 -year term without pay. The Colony employs an Administrative Manager and maintenance personnel A list of the current Board of Directors is posted on the Colony bulletin board along with a list of Board Meeting dates. The Board meets on the second Tuesday of every month in the Colony office. Annual Shareholder Meetings are held within the Colony on the last Sunday of July. SURFSIDE COLONY ADMINISTRATION COLONY OFFICE The Colony office performs all administrative and accounting processes for the Colony. All Shareholder questions and concerns are handled through the office. TAX DISTRICTS There are two special tax districts within Surfside Colony. These tax districts are funded directly by the County of Orange via individual Shareholders property tax assessments. COMMUNITY SERVICES TAX DISTRICT is regulated by the Government Code of the State of California and the five Trustees are elected by voters of the district at regularly -held elections. Trustees must be residents of the district which is composed only of Surfside Colony. The Trustees are not paid for their services. This tax district contributes to ordinary bills such as street lighting and electric service, water, gas, gardening, street striping and security- related expenses. A list of current Trustees.is posted on the Colony bulletin board. STORM WATER PROTECTION TAX DISTRICT is regulated by the Government Code of the State of California and the five Trustees are elected by voters of the district at regularly -held elections. Trustees must be property owners or freeholders of district which is composed only of Surfside Colony. The Trustees are not paid for their services. This tax district contributes to sand erosion projects, the sand replenishment program and related storm water control projects. A list of current Trustees is posted on the Colony bulletin board. SUNSET SANITATION DISTRICT is a third district serving Surfside and Sunset Beach and is listed on your property tax bill. This district pays for trash and sewage disposal. There are 5 elected officials serving on this board, with one current member from Surfside Colony. SURFSIDE COLONY PIIYSICAL DESCRIPTION Surfside Colony, Ltd. is located on a strip of land which is approximately 7/10 of a mile long, just east of Seal Beach Boulevard in the City of Seal Beach. The Colony is bordered by the Pacific Ocean on the south, Seal Beach Naval Weapons Station on the west, Sunset Beach on the east and Pacific Coast Highway on the north. The Colony is divided into three rows designated as A, B and C, A -Row being the closest to the ocean. As of October 1, 2012, all Surfside Colony homes were assigned new physical addresses. All A and B Row homes are on Surfside Avenue ie 89 B Surfside Ave., Surfside, CA. All C Row homes are on Pacific Avenue ie 17 C Pacific Avenue, Surfside, CA. The streets are private and owned by the Colony. While retaining status as a private community, Surfside was annexed to the City of Seal Beach in 1968. Fire, Paramedic, Police and Lifeguard services are provided by the City of Seal Beach. Children in the community attend the Seal Beach and Los Alamitos schools. The main parking area is located adjacent to Pacific Coast Highway east of the main entrance gate at Phillips Street. This area is provided for visitor and over -flow parking. The Colony owns approximately 100 feet of sandy beach in front of the Colony (to the Mean High Tide Line); the remainder of the beach to the ocean is public and is owned by the City of Seal Beach. The Colony retains ownership of several lots. A -89, A -90 and A -91 are maintained as open property and playground area; B -89 is maintained for the administrative office and the Post Office and the Colony maintenance yard and building, known as D2. As a private community, access is restricted by a guard service at the Phillips Street entrance. Entrance at Anderson Street is controlled by a transponder. Surfside Colony is zoned R -1, Single Family Residence. There are 280 homes and six "grandfathered" apartments in the Colony. COLONY OFFICE The Surfside Colony office is located at 89 B Surfside Avenue, Surfside, CA 90743. The mailing address is P.O. Box 235, Surfside, CA 90743. The office hours are Monday, Wednesday, Thursday and Friday 7:00am — 3:30pm. Tuesday hours are 9:30am — 6:00pm. POST OFFICE Surfside Colony has its own Zip Code - -- 90743. The Colony leases space for the Post Office to the Government, including a parking lot which is located directly in front of the Post Office building. This space is for the EXCLUSIVE USE of the Post Office and parking is limited to 20 minutes for the conduct of postal business. There is also a handicapped parking space within this lot which is for the exclusive use of Post Office customers. Courtesy parking in the lot is extended to Colony office visitors. The Post Office hours are currently 9:00 a.m. to 1:00 p.m. Monday through Friday. There is mail distribution to the boxes on Saturday momings; however, there is no window service available. BOARD OF DIRECTORS MEETINGS The Surfside Colony Board of Directors meets on the second Tuesday of every month. A listing of the meeting dates is posted on the Colony bulletin board. Meetings are at 6:30 p.m. in the Surfside Colony office. Shareholders are welcome at any meeting and your participation in these meetings is appreciated. ANY SHAREHOLDER MAY REQUEST THAT A SPECIFIC ITEM BE AGENDIZED FOR DISCUSSION. HOWEVER, SUCH REQUESTS MUST BE RECEIVED ONE WEEK PRIOR TO THE MEETING DATE -- AND THE REQUESTOR MUST BE PRESENT FOR THE DISCUSSION. The Surfside Colony Annual Meeting is traditionally held on the last Sunday in July. Any homeowner officially listed on the corporate records may run for office. ARCHITECTURAL GUIDELINES COMMUNITY GOALS The purpose of these architectural guidelines is to set forth for the owners or their agents a set of standards to achieve prior to designing their home. The design and treatment is recognized as the owner's individual right. As it relates to the environment of Surfside and property values, it is of concern to the community. Therefore, prior to designing a new home or remodeling an existing home, the owners should review these guidelines and make certain their agents or architects have also reviewed them. Incorporation of these guidelines into the design will be reviewed by the Architectural Committee and the Board of Directors before submission for approval by the City of Seal Beach. Critical elements for new or remodeled homes are site surveys to insure proper set - backs, site drainage to insure all water remains on site, not on the street, and that height restrictions are adhered to. Code compliance with garage requirements and onsite parking are critical for all projects. ARCHITECTURAL STANDARDS AND PURPOSE GUIDELINES 1. STREET SCENE: The residence should be designed to relate to adjacent homes and should not disrupt the continuity of the residential character as structures appear from the street, 2. UNIQUENESS AND DIFFERENCE: While striving for compatibility or residential character, the design should not be a mirror image of other structures. Creativity is encouraged and architecturally "stylish" homes are what we hope to see. 3. ARCHITECTURAL RELIEF: Specifically, a flat -front design is discouraged and the use of some relief at the street scene is a condition of approval. 4. LANDSCAPING: Where possible, the applicant should strive for some on -site landscaping. 5. OFF -SITE COMPATIBILITY: Review of existing criteria on decks, walkways and windscreens shall also be conditioned upon approval. Decks shall not obstruct the view of adjoining neighbors. A copy of the Seal Beach City Code and Ordinances is available in the Colony office. ARCHITECTURAL PLANS - POLICY AND REQUIREMENTS A Shareholder intending to build or remodel ANY structure in Surfside Colony SHALL PROVIDE SURFSIDE WITH A SURVEY OF THE LOT prior to approval of plans for such structure. Prior to demolition or for construction work to commence, all plans must be approved by the Architectural Committee and the City and City permits acquired. A copy of the City permit must be returned to the Surfside office and will be attached to the approved plans. 2. Any new construction or remodel of existing structures in Surfside Colony will provide A) Survey and foundation certifications showing the foundation built on owner's lot. B) Lot survey showing all required setbacks and fences C) As built plans (if required) D) Demolition plan (if required) E) Lot drainage plan F) Detailed construction plans with minimum scale of 1/8" to 1' G) Color board showing exterior materials and colors 3. All costs for survey, lot line adjustments, recordation, and foundation certifications, etc. will be paid by the Shareholder. 4. Submit (3) sets of full size (3' X 4') plans to Surfside Colony for review by the Architectural Committee. Plans must include elevations and show off -site engineering details. This is to include a cross - section of the garage floor showing that the driveway approach does not disturb the street elevation. All proposed changes to the exterior of the property during construction shall be resubmitted to the Architectural Committee. Two (2) sets of plans will be returned after approval, The final plans stamped "Approved by Surfside Architectural Committee" will be the same plans that will be submitted to the City of Seal Beach (Seal Beach will not approve any plans without Colony review and stamp of approval). One set of plans will remain in the Colony office. ARCHITECTURAL PLANS - APPROVAL No construction or remodeling plans will be approved by the Architectural Committee and the Board of Directors where irregularities or violations may exist with regard to any Colony rules and regulations or City /State codes. This would include but not limited to: A) Illegal use of the beach in front of A -Row homes B) Encroachments into any adjacent property including Colony owned streets or easements or other private property C) Any rooftop structures in excess of the 35' allowable maximum height D) Deck lease structure violations E) Improper drainage F) Anything in conflict with the so stated architectural standards and guidelines Correction of any such violations will be a condition of approval and may be required prior to the start of construction. Approval of construction or remodeling plans does not release the applicantfrom obtaining the necessary building permits from any and all agencies involved. Any construction or remodeling work found to be in process without required approval from the Colony and/or without obtaining required permits from the City of Seal Beach will be subject to immediate "stop work" orders. ARCHITECTURAL GUIDELINES - NEW HOME and REMODEL CONSTRUCTION All plans must be final construction documents. Preliminary architectural plans may be submitted for review and pre - approval. The following are the minimum requirements to be shown in these plans. a. Site plan showing setbacks, drainage, easements, property lines and any planned fences or walls. b. Plans should show the building of side -yard walkways and decks in such a manner that water can drain from decks and roofs into side -yards and be contained on site in an approved collection device. C. Plans should show a cross- section of the building driveway apron as it meets Surfside Colony's gutter. Any type of encroachment into the public right -of -way is prohibited. Cross - section must indicate owner property line location. d. Plans should show the building of any driveway apron is in a manner which does not obstruct surface water from draining laterally along Surfside Colony gutters. No apron may be built within the existing concrete gutter or beyond the owner's property line. In those areas where street parking is non - existent, owners are encouraged to increase their first floor setback to allow for such parking. e. Plans should incorporate the removal of any previously existing side -yard obstruction which had precluded proper drainage and access into side -yard. No air conditioning units or permanent structures may be kept in side -yard setbacks. After connection of sewer laterals, Surfside Colony will require inspection by the Sunset Beach Sanitary Water District prior to baekfilling. _ g. Any refund deposits will be withheld until (1) City inspection is complete and Surfside receives verification from the Sanitary Water District and a copy of the final inspection signed by City of Seal Beach Building Inspector and (2) Surfside Colony inspects to ensure that any damage to gutter, street or beach has been satisfactorily repaired and there are no violations to either City Code or Surfside's Architectural Guidelines. h. Exterior stairs should adhere to City Code Exterior staircases are the only permanent type of installation allowed on A -Row decks. In cases of major remodels, homeowners may be required to bring older staircases up to code or in line with Surfside Colony Architectural Guidelines, depending upon the extent of the remodel. j. Plans must be full size with a 1/8" to 1' minimum scale and include the Surfside Colony lot number and the owner's name and must incorporate floor plans, sections showing height of structure (35' maximum), exterior elevations and the following: A) Survey and foundation certifications showing the foundation built on owner's lot. B) Lot survey showing all required setbacks and fences C) As built plans (if required) D) Demolition plan (if required) E) Lot drainage plan F) Detailed construction plans with minimum scale of 1/8" to 1' G) Color board showing exterior materials and colors Any other documents which may be required or requested for plan approval will be handled individually. ARCHITECTURAL GUIDELINES - REMODELING OF EXISTING HOMES Dependent upon the extent of the construction, applicant may also be required to bring garages up to code to provide parking capabilities where none existed previously, and in those areas where street parking is non- existent, may be requested to increase the front setback to provide for such parking. Also, in some cases existing non - conforming structures may be required to be brought up to current standards. 0 SEWER SERVICE FOR SURFSIDE COLONY NOTICE Projects in Surfside Colony may require a Sewer Connection Permit from the Sunset Beach Sanitary District (SBSD) in accordance with SBSD Ordinance No. 12 -01. SBSD charges a connection fee for each new residential and for the remodel of an existing house costing $100,000.00 or more. All existing sewer laterals must be video inspected for all permitted new construction or remodels. Substantial costs may be incurred for replacement or repair of defective sewer laterals. You are urged to contact the SBSD at 562- 493 -9932 for more information. When you submit your plans for architectural review to Surfside Colony, please submit a copy of this notice stating you have contacted SBSD regarding their permit requirements. A permit, if needed, must be obtained from SBSD prior to starting work. PROJECT ADDRESS: TO BE FILLED OUT BY SUNSET BEACH SANITARY DISTRICT: No permit is required because the project will cost less than $100,000.00 I have or will get a SBSD permit and have my lateral inspected before work starts. M Superintendent, Sunset Beach Sanitary District 10 CONSTRUCTION DEPOSITSANSURANCE REQUIREMENTS Surfside Colony, Ltd., in its review of plans for construction, tear-down, remodeling and /or major repair of homes within the Colony, may require one or all of the following to be furnished, PRIOR TO THE START OF ANY WORK. INTERIOR- 1. Interior remodel work with no trash dumpster; no exterior work 2. Interior remodel work with trash dumpster; no exterior work EXTERIOR- 3. Painting, stucco work, window replacement- no scaffold 4. Painting, stucco work, window replacement- with scaffold 5. New home construction or interior remodel greater than 50% of existing 6. Add: A -Row deck addition, remodel or replacement 7. Add: Street, underground utilities or driveway repair or replacement $ 1,000 $ 1,500 $ 2,500 $ 5,000 $10,000 $ 1,500 $ 1,500 If Exterior Items #3, 44 or 45 apply then no Interior deposits will be added on top of these. If Items # 1, 42, 96 or 97 apply then these would be added together (i.e maximum deposit would be $4,500 by adding #2, 46 and 47) Maximum deposit would be $13,000 by adding Exterior Items 95 thru #7. LIABILITY INSURANCE COVERAGE ......... Minimum amount of $1,000,000.00 This coverage, naming Surfside Colony as additional insured COMMERCIAL AUTO COVERAGE ..............Minimum amount of $1,000,000.00 PROOF OF WORKMAN'S COMPENSATION INSURANCE DEPOSIT OF FUNDS: Applicant acknowledges that all funds will be deposited until work is completed. Initials 11 CONSTRUCTION DEPOSIT AGREEMENT This agreement is entered into between , hereinafter referred to as 'Principal' and Surfside Colony, Ltd. to ensure the completion of work as required by Surfside Colony at the following address NOW, THEREFORE, IT IS AGREED THAT: I . Principal does herewith post cash deposit in the amount of for which Surfside Colony acknowledges receipt. 2. Principal does herewith provide proof of insurance naming Surfside Colony as additional insured. 3. If Principal complies with the provisions of Surfside Colony to the satisfaction of the Board of Directors, this deposit shall be released. 4. If Principal fails to comply in full, with the aforementioned requirements, the Board of Directors may order the work to be completed or put in a condition acceptable to the Colony. The deposit shall be used as necessary to pay for the completion of this work. After completion of the work, any funds remaining shall be refunded to the Principal. If the cost of the work exceeds the amount of this deposit, the Principal hereby agrees to reimburse Surfside Colony, Ltd. for any excess costs. 5. Principal agrees that any dispute arising from collections of monies for the work contemplated by this agreement will, per By -Laws of the Corporation, be submitted to arbitration and the terms of arbitration shall prevail. 6. All areas in Surfside and around construction site would be put back to original condition, including beach, streets, gutters and storm drains It is agreed that all street work and /or street damage must be saw -cut and sub grade must be compacted back to 95 %. All asphalt paving must be 2" thicker than existing street. The sub grade shall be machine- compacted back and watered properly. Surfside Colony requires a compaction test at the expense of the contractor. The Architectural Committee must inspect the sub grade before any asphalt is installed. 8. Thirty-five (35) days after the Surfside Colony office receives notice of completion, the deposit will be returned with a full accounting of any charges against that deposit which may have been required to be made. If any dispute arises between Surfside Colony and the contractor or homeowner for any reason, all monies will be held until the dispute is resolved to the satisfaction of the Board of Directors. If the dispute cannot be resolved, then it shall be submitted to binding arbitration per the Colony arbitration rules. Inspected for the Board of Directors by: Date Inspected: Date Deposit Released: Signature Initials 12 CONSTRUCTION DEPOSIT FORM DATE: CONSTRUCTION SITE: Deposits and/or insurance, as indicated, must be furnished prior to the start of any work: 1. General /Damage Deposit Required: 2. General construction Deposit Required: 3. Beach Damage Deposit Required: 4. Liability Insurance Required: ............................................................. •.............................1 APPLICANT: I have read of this Agreement and agree to all of these requirements. NAME: (Print) DATE: SIGNATURE: HOUSE# ....................................... ............................... a . . . . . . . . . . . . . . . . . . . . SURFSIDE COLONY, LTD.: All deposit/insurance requirements indicated above have been met. FOR SURFSIDE: A copy of this agreement has been returned to applicant. DATE: 13 CONSTRUCTION DEBRIS AND CLEANUP RULES & REGULATIONS CONSTRUCTION CLEANUP - DAILY The Colony will not allow accumulation of any type of construction debris at any location throughout the Colony. All construction debris must be cleared from streets, side yards, beach and all other areas as rapidly as possible ON A DAILY BASIS. Any construction excavation dirt or debris resulting from work on A -Row homes CANNOT BE ACCUMULATED ON THE BEACH. Any such debris must be removed from the beach on a daily basis. All construction sites must be swept clean at close of working hours, on a daily basis. Colony trash bins may not be used for disposal of debris. It is the responsibility of the individual homeowner or builder to supply their own bins. Should debris accumulation occur, or if the work site is not maintained in good condition, the Colony reserves the right to stop work on the construction site until it is brought to acceptable condition, or such cleanup will be performed by the Colony and billed against the construction deposit. CONSTRUCTION CLEANUP - DRYWELLS Workmen, construction crews, or any resident may not wash or hose concrete, paint, stucco, plaster, motor oil, cleaning solvents or any other types of waste material /debris directly down into the drvwells or Colony Storm Drains. This is not only against Surfside Colony rules and regulations but it is illegal under the City of Seal Beach Civil Code. Colony dtywells cannot handle this type of usage and it is the personal responsibility of the homeowner to ensure that Colony drywells are not utilized for this purpose. Should this occur and damage results, it will be necessary to have remedial cleaning performed. Homeowners will then be billed for the extensive time and labor involved CONSTRUCTION CLEANUP - FINAL AND INSPECTION The Colony reserves the right to delay return of any construction deposits until construction sites are inspected and found to be in acceptable condition. If debris is found on the sand it must be removed. If necessary, sand should be sifted until all debris is removed from below the surface of the sand. THE BEACH MUST BE RETURNED TO ITS ORIGINAL CONDITION. In addition, all stucco, concrete, paint and other construction material must be cleaned from Colony streets, gutters and curbs. Any damage, including cuts and grooves must be repaired to original condition to the satisfaction of the Board of Directors. 14 ASSESSMENTS HOMEOWNER ASSESSMENTS Homeowner assessments are billed twice annually: Bills for the assessment period of January 1 to June 30 are mailed in January each year. Bills for the assessment period of July I thru December 31 are mailed in July each year. A ROW — FRONTAGE LEASE/FEES A Row Frontage Lease fees are billed on an annual basis from July thru June of each year and mailed in July. A strip of land 10' in depth, the width of the house, and extending from the front of the A -Row property line onto the beach, may with Surfside Colony prior approval be used solely for the construction of an unroofed deck to be attached to the residence. Below -grade decks are not permitted. There will be no retaining walls. Should a 10' elevated deck be requested in addition to the deck on grade, the ground level deck may be: 1. Win depth if unscreened 2. 5' in depth if screened AnA -Row frontage lease must be completed by the homeowner prior to any construction. This lease is available in the Colony office for review prior to architectural planning and construction so that the owner, architect and builder will be aware of the specific rules and regulations governing such decks. Failure to comply with all the terms of the frontage lease, or failure to maintain a valid frontage lease or failure to make required frontage lease payments may result in lease termination by the Colony and require eviction from Colony property, requiring, at homeowners sole expense, removal of any and all deck structures encroaching on Colony owned property. No decks or other structures may be built on the premises except with the prior approval of the Architectural Committee and the Board of Directors, and in accordance with such regulations as Surfside Colony may issue from time to time. Any deck shall be built in accordance with the building regulations of the City of Seal Beach. In addition to the conditions set above in regards to structures the following are items specifically permitted to be placed on the Leased structure: movable patio furniture & umbrellas, portable gas barbeques, movable planters and potted plants, plastic kiddy wading pools no larger than 48" diameter by 12" high all of which shall be of proper weight as to not exceed the design limits of the structure. The following are items specifically not permitted to be placed on the Leased structure: any fixed walls or structures not associated with the safety rail system; charcoal or wood barbeques; fire pits or chimneys of any kind (gas, wood or charcoal); fixed or portable spas; fixed or built -in furniture, benches, shade structures, planters or awnings. All decks must be kept in an orderly, clean and maintained condition and not used for storage. The determination as to what is an acceptable item or condition of this space is at the sole discretion 15 of the SS board of directors. BASKETBALL (STANDING HOOPS) No standing basketball hoop structures may be positioned on Colony streets. They must be placed so as to be entirely in a setback or on private property, and in such a manner that there will be no interference with traffic. BEACH REGULATIONS In addition to specific rules and regulations contained herein, all City of Seal Beach municipal codes apply to the private as well as the public portions of the beach. CAMPING, FIRES AND OVERNIGHT SLEEPING Camping, fires and overnight sleeping are not allowed on the beach. VEHICLES ON THE BEACH Only emergency, City of Seal Beach and Lifeguard vehicles are permitted on the beach in addition to Colony maintenance vehicles. All others are subject to citation and should be reported to the Seal Beach Police Department. BOAT LAUNCHING Power boat and Jet Ski launching is prohibited by law. All surfing, swimming, sailboat, and any other type of equipment launching rules are controlled by the City of Seal Beach Lifeguard staff and they may be consulted with any questions as to allowable activities. CATAMARANS Catamarans may be placed on the beach only by homeowners and only in accordance with the following prerequisites: L The catamaran must carry a current CF registration. 2. Insurance must be posted with the Colony. 3. Halyards and any other lines which might cause a disturbance or danger to children must be tied off. 4. Boats may not be placed on the beach in such a manner as to become a visual barrier or a nuisance to neighbors. Owners should store their boats at or near their own residences to preclude any view obstruction of other homes. B -Row or C -Row catamaran owners must make arrangements with an A- Row owner for proper storage of their boats. 5. Owners must move boats if required for beach cleaning. Notice will be given in advance; however, if the owner is not present or has failed to move the boat in a timely manner, the Colony will do so and bill the homeowner for time and labor charges. 6. The catamaran must be maintained in good, usable condition. Should it become derelict in appearance or condition, it must be removed from the beach. 7. Owners are prohibited from storing their catamarans on Navy property. 16 COLONY OWNED BEACH PROPERTY The controlling factor with regard to use of Colony owned beach property is THAT THE BEACH BELONGS TO ALL HOMEOWNERS AND IS THERE FOR THEIR MUTUAL ENJOYMENT AND PLEASURE. Please note: Shareholders are required to sign an indemnification release form which is to be kept on file. RULES AND REGULATIONS Nothing shall be placed on the beach which denies free access to Colony property by all residents. 2. There shall be no deliberate change in the natural grade of the land. Personal or "forced" reshaping of the natural contour of the beach is prohibited. 3. Nothing shall be placed out on the beach to create the impression or appearance of encircling any area or creating a "private area" in connection with an A -Row house. This includes plants, landscaping, decks, fences, walkways, windbreaks, and any other type of installation. 4. A -ROW OWNERS MAY PLANT OR LANDSCAPE IMMEDIATELY ADJACENT TO their front decks, but only to a forward depth of 3' in such a manner that it becomes an integral part of that deck. No plants may exceed 36" in height in front of the deck. Nothing that sheds leaves is allowed. 5. Should an A -Row homeowner allow the growth of ice plant in front of his home, it is that homeowner's responsibility to maintain the ice plant in such a manner that it does not become a "catch -all" for beach debris. The ice plant must also be trimmed so that it does not exceed the width of the house and encroach into neighboring property. 6. Palm trees are not to be installed in a way which blocks the view of neighbors, including B & C Rows. There must be agreement among all parties concerned and all parties should try to resolve such a matter amongst themselves, neighbor -to- neighbor, before referring the matter to the Board of Directors for resolution. 7. Pilings are to be restricted to a group of not more than 3 pilings not to exceed 15" in diameter or width, nor more than 3 -1/2' above grade level in height, and limited to I cluster or group of pilings per dwelling. NOTE: PILINGS WERE PREVIOUSLY ALLOWED OUT ON THE BEACH. ANY SUCH INSTALLATIONS MUST NOW BE PULLED BACK INTO THE T DEPTH ALLOWANCE IN FRONT OF THE A -ROW HOME. Horizontal pilings may not be used at any time in any manner. 8. Anything placed on the beach must be capable of being easily removed by two people in no more than 15 minutes for any reason at the discretion of the Board, and particularly for beach cleaning. 9. Any furniture, shade awnings, tables, chairs, etc. may not be left out on the beach for extended periods of time, WHEN NOT IN REGULAR USE. This rule applies to B and C -Row owners as well as A -Row owners. Any items used only on weekends must be removed from the beach by Monday morning. If a homeowner does not reside in Surfside full -time and utilizes their Colony home only occasionally, prior 17 to their departure they are requested to remove all shade awnings, tables, chairs, etc. which may have been placed on the beach during their visit to the Colony. Any items seemingly "abandoned ", i.e., broken, rusty, etc., will be removed by the Colony maintenance crew immediately. 10. The Board of Directors will inform a homeowner of any infractions of any of the rules listed above and the owner will be requested to correct the situation within a specified amount of time. Failure to do so will result in correction by the Colony and the owner will be billed back for time and labor involved. COLONY OWNED STREETS Colony -owned streets are striped for parking in accordance with Fire Department requirements for access and ALL PARKED VEHICLES MUST BE WITHIN THE WHITE LINES. Red zones and other non - parking areas have also been marked either for necessary emergency use, access considerations, or for specific Colony needs and safety concerns. Parking lanes and easement entryways are Colony -owned property and may not be used as "patios ". Nothing of a permanent nature may be placed in these areas. if tables, chairs, barbecues, etc. are placed in these areas, they must be removed from the Colony street immediately after use. This is a matter of liability and any such items left out on a prolonged basis will be removed by the Colony. Benches and/or chairs set out in front of B and C -Row homes very often enhance the look of the house. These may be set out under the following conditions: (1) they must be set back out of the parking lane and the Colony Street; (2) they must be maintained in good condition and not take away from the over -all appearance of the Colony. Any items which present a discarded, abandoned appearance will be removed by the Colony. COMPLAINTS Common complaints such as noisy parties, barking dogs, fires or camping on the beach, fireworks, etc. are to be reported to the Police at the non - emergency number 562- 799 -4100. Dead seals or dogs running free on the beach should be reported to the Animal Control Center at 562 -570 -7387. Illegally parked vehicles in front of homes, garages or in reserved parking spaces may be towed at the direction of the homeowner. The Colony guard should be called with exact information as to the decal or visitor pass information so that, as a courtesy, an attempt can be made to contact the owner before towing, Residents are reminded that the Colony is patrolled by the Seal Beach Police Department as well as private security. IN THOSE CASES WHERE CITATIONS ARE ISSUED BY EITIlER A SECURITY PATROL OR COLONY PATROL FOR VIOLATION OF COLONY RULES, ONE WARNING WILL BE ALLOWED. REPEATED INFRACTIONS MAY RESULT IN TOWING. ku CONSTRUCTION HOURS Surfside Colony rules restrict any EXCESSIVE NOISE ACTIVITIES such as pile driving, electric saws, pounding, etc. to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday. In accordance with Seal Beach City Code, noise associated with the construction, repair, remodeling or grading of any real property is restricted to the hours of 7:00 a.m. to 8:00 p.m., Monday through Saturday, and prohibited any time on Sundays, local, State and Federal holidays. CONSTRUCTION, STREET BLOCKAGE When construction work requires the blocking of a street in the Colony, the homeowner must ensure that the construction workers notify residents as appropriate, AT THE VERY LEAST, ONE DAY PRIOR. Any construction work is extremely difficult in the Colony due to the space restrictions but residents are very cooperative and understanding of these difficulties when they are informed ahead of time of any problems they may encounter when driving through the Colony. There are many areas in the Colony where a vehicle, upon finding the street blocked, cannot turn around but must back up a considerable distance. Advance notification of a planned street blockage will help avoid this situation. DECALS Decals include the numbered are a numbered sticker and are used to identify your vehicle and allow entrance into Surfside. Decal it is mandatory that a Transponder be purchased as well. Each Decal and Transponder purchase includes an annual year's sticker. OWNER DECALS The annual owner decal fee is $25.00 per decal. A numbered decal, which doesn't change and a current year sticker will be issued for each registered vehicle. Homeowners are allowed 3 decals per house. All decals over the basic allotment cost $50.00 each. Exception: The basic allotment at $25.00 each may be increased depending upon additional space available; i.e., ability to park more than 3 cars at the house; empty lot ownership allowing for additional parking; reserved parking. RENTER DECALS Renters decals are issued on an annual basis at $100.00 per decal. A numbered decal, which doesn't change and a current year sticker will be issued for each registered vehicle. The number of decals issued will be limited to the number of parking spaces available at the property but no less than 2. Additional decals may be purchased if the homeowner can provide additional parking ie a reserved parking space. The six authorized apartments in Surfside Colony are allotted 1 decal each at $100.00 per decal. Additional decals may be purchased if the owner can provide additional parking ie a reserved parking space. Any decals over the basic allotment may be purchased for $200.00 each/year with Board approval. To register a renter's vehicle, the homeowner must contact the office to request a registration form which must then be signed by the homeowner. The homeowner is responsible to pay for the renter's decal and transponder. 19 It will be the homeowner's responsibility to collect the parking fees from the renter. All vehicles listed on the Colony registration form must supply proof of registration the first time they are issued decals. DECALS - PLACEMENT Decals and annual stickers must be permanently placed in the lower left -hand corner of the vehicle windshield. No other placement is allowed and parking patrols will look for decals and annual stickers in this position only. Any vehicle not displaying a current decal and annual sticker in the proper position is subject to tow. All other Colony parking decals must be removed from windshields; only the current decal and annual sticker is to be displayed. All decals must match office records and no transfer of decals is allowed without office approval. Any vehicles with decals not matching the Colony master register are subject to tow. The Colony assumes no responsibility for vehicles towed due to inability to either identify the proper decal, or inability to establish proper identification and/or ownership. DOGS Dogs are not allowed on the beach in accordance with City of Seal Beach City Code and Surfside Colony rules and regulations. Seal Beach animal laws are enforced by the Long Beach Animal Control Department and infractions should be reported to that department at 562 -570 -7387. All dogs must be leashed when outside of homes anywhere in the Colony (including open gateways, decks and garages). OWNERS ARE REQUIRED to pick up after their dogs and are expected to utilize their own trash barrels (not those of other residents) when disposing of such trash. EASEMENTS The Colony maintains easements to provide access through all rows of the Colony and to the beach. These easements are for the benefit of all residents and, in addition, provide access for emergency personnel and maintenance workers. These easements are Colony property and are to remain clear at all times. They may not used for storage, plantings, or piling up of construction or any type of debris. They may not be used as "patios" by adjoining residences. A -Row access easements are an extension of the beach and dogs are not permitted. ENTRY TO THE COLONY VEHICULAR TRAFFIC, RESIDENT PHILLIPS STREET ENTRANCE Every car must come to a complete stop. 2. Admittance is automatically allowed if the vehicle displays a CURRENT parking decal and transponder. Vehicles which do not display current decals /transponders or visitor passes may be denied entry and may be towed if found parked in the Colony by security patrols. (Please see "PARKING REGULATIONS" for further details.) ANDERSON STREET ENTRANCE All vehicle entry through the Anderson. Street gate is by Transponder only. 2. In the event a resident allows a guest to follow through this gate, the visitor MUST GO TO THE FRONT GATE AND OBTAIN A VISITOR'S PASSES Parking within the Colony with no decal or visitor pass will result in towing. VEHICULAR TRAFFIC. VISITOR GUEST LISTING OR EXPECTED GUESTS Guests, service people, constructions workers, etc., who are listed on the resident's security file or who have been called ahead to the guard will be admitted after they identify themselves. Residents who call in their guests will be expected to provide their security code. The driver must indicate to the guard the resident expecting him, and give the guard the resident's name and house number. The guard will verify that the visitor is listed or that the resident has called ahead and will allow entry. When calling in to the guard, the resident should indicate where the visitor is to park. VISITORS NOT LISTED AS GUEST OR NO GUARD NOTIFICATION The driver must inform the guard whom he will be visiting, stating name and house number. The guard will call the resident for permission to admit the visitor. IF THERE IS NO ANSWER, THERE WILL BE NO ADMITTANCE. Under no circumstances may a visitor ask the guard to call a series of homes in an attempt to gain admittance. Ibis not only causes a delay in the admittance of other cars but causes security concerns. DESTINATION UNSPECIFIED If a visitor requests admittance but is unable to furnish a name or house number to be called, he is to be denied admission by the guard. 21 DELIVERIES UPS and FedEx and food delivery drivers in marked vehicles are admitted routinely. In cases of any other types of deliveries, the driver must tell the guard where he will be making a delivery, stating house number and name. The guard will call for admittance. If there is no response, admittance will be denied. The guard may not accept or assume responsibility for packages, keys, envelopes, etc. ENTRY TO THE COLONY, PEDESTRIAN TRAFFIC Owners and residents are admitted along with listed guests or those called ahead to the guard; however, they may be asked for some type of identification if they are unknown to the guard. Pedestrian visitors who park in the Navy courtesy lot must obtain a pass for their vehicles to avoid towing. All other pedestrian traffic will be informed that Phillips Street is a private entrance. Surfers, fishermen, beach visitors and all other pedestrian traffic will be directed to the Anderson Street access to the public beach. FENCES The Board of Directors and the Architectural Committee must be informed of any planned fencing to ensure the adherence to all codes, either during the initial construction, remodeling, or any time after. The use of open- work gates is strongly encouraged in order to maintain breezeways, ocean views from B -Row homes, and an "open" atmosphere throughout the Colony. Home owners are also encouraged to install such gates where solid wood gates now exist when replacement of wood gates is required. Seal Beach City Code as well as Colony rules and regulations prohibit fireworks on the beach -- the private portion owned by Surfside as well as the public portion owned by the City of Seal Beach -- at any time. Fireworks constitute a particularly dangerous fire hazard to Colony homes and their use should be reported to the Police immediately. FLOODING The combination of high tides and high surf increases the possibility of flooding. It is important to keep objects off the beach that may float or act as battering rams when there is high water. Decorative pilings and boats can be dangerous. Please have these objects and others firmly secured (or preferably off the beach entirely) during the winter months. The most threatening time, historically, has been between November and April. GARAGE(YARD)SALES Garage (or yard) sales are not permitted in Surfside Colony. GOLF CARTS Only licensed drivers are allowed to independently operate golf carts and other similar types of motor -driven vehicles in the Colony. Any unlicensed drivers must be accompanied by an adult. All rules and regulations with regard to stop signs, speed limits and all other posted rules must be observed at all times. Golf carts may not be parked in the Colony parking lot at any time. 22 GATE GUARD SERVICE - SECURITY Gate guard services are provided by Universal Protection Service. Gate guard service is provided at Phillips Street 24 hours /day, 7 days a week. Duties of the gate guard are limited to screening vehicles and pedestrian traffic entering the Colony at Phillips Street; monitoring Colony parking areas outside of the Colony gate; and being alert to any unusual situations which may occur within their assigned area. They will call for towing when instructed to do so by a homeowner. In other situations they will call for Police assistance when requested if the homeowner is unable to do so; however, homeowners are expected to place such calls (and others such as Animal Control) themselves when specific situations warrant such action. The gate guard may not leave his post to go to a home for any reason; may not be used as a message center; and is prohibited from accepting deliveries and/or holding documents, keys or any other items for pickup. Since Surfside is a private community, visitors must be logged in. To facilitate this process, you may list guests or services not requiring advance notice on your security information sheet. If a visitor is not listed on your guest list, you may call ahead to the guard and indicate they are to be admitted. If the visitor is not listed, or if the resident has not called ahead, it is mandatory for the guard to call the resident. If the guard is unable to reach the resident, access to the Colony will be denied. Any complaints with regard to the guard's performance should be directed to the office. SECURITY INFORMATION It is the responsibility of all residents to supply the Colony office with information to be included in their security records. It is also the responsibility of residents to inform the office of any changes in this information as they occur. Surfside Colony is not responsible for any incidents, such as towing, which may occur due to our inability to make contact as necessary. Only the Colony office may make changes in security information or enter such changes into the computer. Upon request, the guard will supply the resident with a form to be completed and returned, or the office may be contacted directly to update records. No new resident in the Colony, either homeowner or renter, can be included in the security computer for contact by the guard unless the necessary information has been supplied to the office. GUARD SERVICES, PATROL The Security Company also provides daily parking patrol. They will tag any vehicles not displaying current decals /transponders or visitor passes; vehicles parked in violation of red zones or other no- parking allowed areas; and any other infractions. The Colony will authorize towing for repeated violations. GUEST PASSES All visitors receive a daily pass which lists the date and number of house being visited. This pass must be visibly displayed on the dashboard of the visitor vehicle in such a manner as to allow for proper owner identification and location. Placement on the car seat, on the floor, or wrong -side up on the windshield does not 23 allow for identification. Parking in the Colony lot is limited to 48 hours, but guests must be sure to renew their daily 24 -hour pass as necessary to avoid towing. If you have a visitor staying for several days, or a construction worker who will be in and out for an extended period of time, a long -term pass should be discussed with the office. The guard cannot issue long -term passes. Contractors are not allowed to park in the Colony overnight even though they may be issued a long -term pass. LIBRARY The Colony office library is for use by all residents. There is no check -in or check -out procedure. The security guard has a key to the library for use by residents after hours. Donations are welcomed. NEWSLETTER Newsletters are mailed and/or emailed to all homeowners a few times a year. Please contact the office for submission of general items which may be of interest or importance to the readers. We urge all homeowners to read these newsletters when they arrive. Newsletters are mailed or emailed to each homeowner at their address of record and the Colony assumes no responsibility for lack of awareness regarding specific announcements or general information contained in the newsletters. The Colony encourages all residents/homeowners to submit their current email to the office to further enhance communication. Please note, emails are occasionally sent in between formal newsletters. NOISE In consideration of all residents, Surfside Colony maintains a 10:00 p.m. excessive noise curfew. Noise violations should be reported to the Police. For information regarding construction noise, please see "Construction Hours." PAINTING/RESURFACING, EXTERIOR Exterior house painting or resurfacing which utilizes scaffolding requires deposit of a $5,000.00 to cover possible damage to the street, beach or, when applicable, easements. See "Construction Deposits ", Page 11, for additional information. Spray painting requires the use of plastic sheeting to prevent paint from reaching neighboring houses..Painters must notify the neighbors in advance when such work is planned to allow them to take any necessary precautionary measures and for cars to be moved away from the area. In any cases where cars have not been moved, it is the responsibility of the workers to shield those cars. PARKING RULES AND REGULATIONS PARKING DECALS/RESIDENT VEHICLES ALL owner and renter vehicles must display current parking decals /transponders. Owner and renter decals are purchased annually in January and /or throughout the year as necessary. Vehicles may be towed if found in violation of any of the following rules: 24 Decals and annual stickers are to be permanently placed in the lower left -hand comer of the windshield. No other placement is acceptable. 2. Decals and transponders are to be applied to windshield by the office — no exceptions. 3. All previous Colony decals must be removed so that security patrols can easily identify the correct decal. 4. All decals must match the office records with regard to the vehicle. Decals and transponders may not be transferred from one vehicle to another unless done by the office. Otherwise, if a new car is purchased, a new decal and transponder must be obtained. Surfside Colony and any security service employed will not be responsible if vehicles are towed due to violation of any of the rules listed above. STREET PARKING Parking spaces adjacent to a property shall be for the exclusive use of that resident. The boundary shall extend from property line to property line, including side yards. Vehicles must be parked within the white lines. These lines were placed at the direction of fire authorities to ensure the unobstructed passage of emergency vehicles and any vehicles parked over these lines may be cited and/or towed. Vehicles parked in front of any property or blocking a home or garage without specific owner permission may be towed. Vehicles parked in front of or in empty lots without the permission of the owner may be towed. There is no parking in front of or in beach easements at any time. COLONY PARKING LOT - OPEN PARKING The Colony parking lot is common ground primarily intended for guests and occasional overflow parking for residents with current parking decals and transponders, or vehicles with current visitor passes. The frequent habitual use of open parking spaces by a few residents denies the majority of the Colony from access when occasional guest or overflow parking is needed, especially on weekends. Residents should not continually park 2 or 3 vehicles in the lot, moving them around as necessary to avoid the "storage" time limit. This is not fair to all other Colony residents, and represents a manipulation of the rules. Depending upon the circumstances, these residents must either register for a leased parking space; clear out garages that are being used for storage to free up parking space; or utilize outside available parking space in Sunset Beach or other locations.) Residents who depend on common ground parking on a continuing basis must register for the next lease space available (see following section, 'RESERVED PARKING "), or park their vehicles outside of the Colony. Parking in the Colony parking lot is limited to 48 hours. Any guests with a daily pass must renew that pass as necessary. Vehicles parked over 48 hours will be considered stored and are subject to tow. The parking lot is for operable automobiles only, and disabled vehicles may be towed. There may be no maintenance or mechanical work performed on any vehicles parked in the Colony lot (with the exception of flat fire replacement.) 25 COLONY PARKING LOT - RESERVED PARKING Certain parking spaces in the Colony open parking lot are rented to residents. These spaces are clearly marked. Any vehicles parked in a reserved space without permission may be towed. The 48 -hour parking limit does not apply to these spaces, but vehicles must display a current decal /transponder or pass. Rules with regard to operable vehicles and no maintenance work, etc. will also apply. In addition, should vehicles parked in such spaces become "derelict" or "abandoned" in their appearance, the owner will be requested to move them from the lot. You may call the office for information regarding reserved spaces. If none are available, you may request that your name be placed on the waiting list. POST OFFICE & POST OFFICE PARKING LOT A full - service U. S. Federal Post Office is located within Surfside Colony. Since there is no mail delivery to homes within Surfside Colony, residents must register for a no- charge Post Office box to receive their mail. The Post office parking lot is leased to the Post Office and cannot be used for any reason other than Post Office business. Visitors conducting business in the Colony office are allowed to park there as a courtesy. Any violators will be cited and may be towed. The red zones alongside the Post Office on Phillips Street and on the opposite side of the street alongside the Post Office cannot be used to "just run in and pick up mail." These areas are clearly marked for safety purposes and parking there creates a very serious traffic hazard for vehicles driving into or through the street. Violators will be cited and may be towed. The Post Office parking lot includes, by law, a handicapped parking space. You may not park in that space unless displaying a handicapped parking card or license plate, and ONLY FOR POST OFFICE BUSINESS. Violators will be cited and may be towed. RED ZONES AND /OR FIRE LANES There is no parking allowed at any time for any reason in red zones and designated fire lanes. Vehicles parked in violation will be cited and/or towed. VEHICLE RESTRICTIONS The limited parking available within the Colony, including the street areas adjacent to each property and the parking lot, warrants the restriction of these areas to parking of OPERABLE VEHICLES ONLY. No boats, trailers, or campers may be parked on Colony streets or in parking lot spaces, reserved or otherwise. Note: As a courtesy, a boat or camper may be brought into the Colony for the express purpose of loading for a vacation trip and again for subsequent unloading. In such cases, a special pass must be obtained from the office; the boat or camper MUST. BE ABLE TO BE PARKED LEGALLY AT THE OWNER'S RESIDENCE; and such parking is restricted to 24 hours. Oversized vehicles (over 18' long and 6 -1/2' wide) are requested to park outside of the Colony since such 26 vehicles make it difficult for cars in adjoining spaces to enter or leave their slot. Vehicles belonging to contractors working in the Colony may not park overnight in the Colony parking lot. There is to be no maintenance or repair of vehicles, boats, etc.. on Colony streets or in any of the Colony parking areas. PARTIES. BEACH Any parties requiring extensive use of the Colony beach by A -Row owners may be held only with the consent of neighbors (2 houses on each side). In the case of B and C -Row owners this consent must include that of the A- Row owner in front of whose house the party will be located. Extensive use shall mean entertainment such as bands, temporary boardwalks and/or platforms, or the erection of tents or other types of structures. After the adjacent neighbors have approved in writing, a request for approval must be submitted to the Board of Directors. This request should include date of party; area to be used (must be 50 feet from the house); party hours; number of people expected; number of visitor cars; parking arrangements. Please note: Shareholders are required to sign an indemnification release form which is to be kept on file. Renters requesting the use of the Colony beach for a party must fulfill all of the requirements listed in the preceding paragraph and obtain the necessary indemnification from the owner of their rental property. The 10:00 p.m. "quiet" rule must prevail and should the party continue after that time, it must be moved inside off the beach. In the case of children's parties, if a "Moon" or "Bouncing" tent will be set up, or any other type of major play structure, the notice to the Board must also include a statement that an adult will be present supervising its use at all times. All such structures must be dismantled immediately (same day) after the party. Trampolines are not allowed on Colony property at any time. All party debris must be cleared within 24 hours and the beach cleaned to its original state. Large parties for under aged guests must have adult supervision and or security as well as additional bathroom facilities. Should any of these requirements not be met, Surfside Colony, Ltd. will provide security and bill the homeowner responsible for the party. PARTIES, HOME Residents planning a home party should provide a list of expected guests to the guard, indicating where the guests should park. The host must give advance notice of 15 days if more than 5 parking spaces are to be utilized, indicating what parking arrangements have been made. The 10:00 p.m. "quiet" rule must be observed. PLAYGROUND A playground is maintained by the Colony for the enjoyment of residents' children and their guests. A copy of the posted rules regarding the use of the playground follows: PLAYGROUND RULES • No beach furniture, boogie boards, skateboards, rollerblades, "Razors ", beach balls or other toys on or under the play equipment. 27 • Fighting and rough or boisterous play is not allowed on this equipment. • No glass on, under or around the play equipment. • No night time use. • Use of play equipment is not permitted before dawn or after sunset. • Do not use the play equipment if you are alone. • Do not use the play equipment if you are wearing a scarf, towel or very loose - fitting clothing • One person at a time on each slide and on each swing. No doubling up. There is no use of the playground after dark. Older children and teenagers in the Colony are advised that this area is not to be used as a "hang -out, partying" spot. Any curfew laws in effect in the City of Seal Beach apply to the Colony. PROCESS SERVICE Uniformed officers of the court (Marshals, Federal Officers, etc.) as well as any other duly authorized and licensed process servers are automatically admitted to the Colony by law. RAZORS, SCOOTERS/MOTORIZED The use of gas- powered razors, scooters, and any similar equipment is prohibited from use in the Colony. Electric- powered equipment of this type is allowed with the proviso that all rules and regulations with regard to helmets, stop signs, speed limits, and all other posted rules are observed at all times. RENTERS, LONG TERM Surfside Colony is not a property manager nor is it responsible for renters: actions. Owners or their agents are responsible for their tenants' adherence to rules and regulations. In any instance where a letter must be written to a renter regarding any violation of rules and regulations, the homeowner will be notified by copy of that letter and will be expected to ensure that their renter takes the necessary action to correct the problem. It is the responsibility of the owner or the agent to come into the office to fill out security information sheets, to pay for parking decals /transponders, and to supply any other information which might be necessary. It is also the responsibility of the homeowner or agent to inform their tenants of the various rules and regulations, and parking restrictions. Homeowners or their agents should include in their lease forms the requirement that all Colony rules and regulations must be observed by the renter, and should maintain a copy of the Surfside Colony Rules and Regulations in every rental home. The Colony reserves the right to ban renters or their visitors from parking inside the Colony when there are repeated violations of the Colony rules and regulations such as failure to purchase decals in a timely manner; continuous parking in the P.O. lot by the renters or their visitors; illegal use of reserved spaces; obtaining decals for persons not in residence; and any and all other rules. RENTERS, SHORT TERM The City of Seal Beach ordinance 1619 -U states that short term rentals are illegal in Surfside Colony. Short term rentals are defined as 29 days or less. m SALE OF PROPERTY When a property is sold and an escrow opened, a written request must be forwarded to Surfside Colony by the escrow company for information regarding any unpaid assessments, A -Row Frontage lease fees, and any other unpaid charges. Surfside Colony will also inform the escrow company at this time of any violations of rules and regulations which must be corrected (such as illegal beach installations, illegal plantings, etc.) Any such violations must be corrected and paid for prior to or at close of escrow or, if necessary, will be corrected by the Colony (in which case there would be a charge for the work involved.) In addition, Surfside Colony, Ltd. requires payment of a $300.00 Processing and Stock Transfer Fee. A stock certificate in the new owner's name cannot be issued until this and all other charges are cleared. It is the responsibility of the seller, the agent and/or the escrow company to ensure that any assessments and all other such charges are fully disclosed to the buyer through escrow proceedings. Surfside Colony assumes no responsibility for lack of disclosure. SCAFFOLDING Scaffolding for work other than new home or remodeling construction may require a $5,000.00 deposit and possibly, depending upon the location and type of work to be done, a $1,500.00 beach damage deposit. The office should be notified any time scaffolding will be installed so that the proper amount of necessary deposit may be determined. SIGNAGE Temporary signs advertising real estate agencies, construction companies or political elections may be placed on a Shareholder's property. No other types of signs will be allowed. The signs may not exceed 24" in height and 36" in width and must be placed either directly on the house or surrounding scaffolding no higher than 10 feet off of the adjacent street level. Signs may be staked into the ground if personal landscaping is available. The signs must be removed within 15 days after the sale of the house, completion of construction or close of election. Real Estate Signs: A maximum of two (2) real estate signs may be placed on Colony property for the purposes of advertising an Open House. One (1) sign may be placed in the planter area just north of the playground easement and adjacent to the street. One (1) sign may be placed at the Anderson Street entrance gate in the planter area adjacent to the entrance. In addition one (1) Open House sign may be placed on the private property of the advertised house. The signs may not exceed 36" wide by 24" tall and may include a flag attached no taller than 24 ". All signs and flags shall be in moderate colors consistent with standard real estate practice; no bright neon or flashy signs shall be permitted. All signs shall be installed no sooner than two (2) hours before the scheduled Open House and the signs must be removed each day no later than one (1) hour after the scheduled close. In no event shall they be allowed to remain overnight and they will be subject to removal by Colony personnel after the one hour deadline. The private property owned by Caltrans or the Cities of Seal Beach and Huntington Beach (highway guardrail, posts, planters, etc.) shall have no more than one (1) real estate sign placed within 200' of both of Surfside's entrances. SOLICITATION No solicitations or distributions of materials are allowed on Colony property at any time. 29 SPEED LIMIT The speed limit while driving in the Colony is 9 miles per hour. SKATEBOARD RAMPS Skateboard ramps may not be placed in the streets at any time. STORAGE /SIDEYARDS, ROOFTOPS AND DECKS The close proximity of homes in Surfside requires that all residents remember that the side yard of their home may be the entry way for their neighbor. Therefore, there should be no unsightly storing or stacking of old lumber, discarded barbecues, rusty tables and beach chairs, old ladders, etc. in the side yards. This same rule applies to decks and roof tops which are also clearly visible to your neighbors. The Board of Directors, as part of its duties and responsibilities, will notify a homeowner of any exterior accumulations which may be unsightly and disturbing to neighbors and ask that the problem be corrected. TOWING — GENERAL STATEMENT Various reasons for towing are interspersed throughout this booklet. It is unpleasant for the Colony (or a resident) to tow a vehicle and, therefore, the general policy is to give one warning to violators so that they may correct the situation. However, any repetitive and/or continuing violations will, be towed with no further warning. In any instances where the owner of a car cannot be contacted, and the need to move the vehicle is essential, then towing may result immediately. In any instance where a car is parked within the Colony without a guest pass or decal, the vehicle will be towed without warning. The security guard will tow upon instruction and authorization from a resident. TRANSPONDERS Transponders are required for entry through both Phillips Street and Anderson Street. They are available in the Colony office for a one -time fee of $25.00 and are mandatory when purchasing a decal and annual sticker. Transponders may only be purchased by homeowners. Should a transponder stop working, please contact the office. TRANSPONDERS - PLACEMENT Transponders are to be permanently placed in the middle top portion of the windshield and will be applied by the Surfside office. 30 TRAFFIC CONES /OTHER TYPES OF MARKERS Traffic cones and other types of area markers cannot be placed on Colony streets by residents to denote personal parking spaces, to act as protective markers for vehicles, or for any other type of personal reason. Construction companies may, of necessity, place these markers but only for valid reasons such as an open ditch, street repair, street closure etc., and they are to be removed as soon as possible. TRAMPOLINES Trampolines are prohibited from use on Colony property at all times. TRASH CONTAINERS AND PICKUP SUNSET BEACH SANITARY DISTRICT is responsible for the Trash service in Surfside. Trash pickup days are Monday and Friday, very early morning. Seal Beach Code and Colony rules and regulations require that all trash containers be covered. Sunset Beach Sanitary District code (see below) states that trash containers must be returned to side yards or garages after pickup, or as soon as possible that same day. Containers- location - Property owners and tenants are each responsible for the placement of Residential Carts and any accumulation of Refuse which is for collection, and which shall be kept or placed in such a manner as not to be visible from any street or alley, whether public or private, except from noon on the day preceding collection to 10 p.m. on the day of collection. During the period of collection, Residential Carts and any accumulation of Refuse shall be placed, outside of any enclosures, no later than 6:30 a.m., as follows, unless otherwise directed by the Superintendent: (a) On alley. On the premises, at the rear property line, where there is a through alley in the rear of the premises; (b) Access from side entrance. On the premises at an accessible point adjacent to any side entrance thereto where no through alley exists; (c) At curb. At the curb in front of the premises, where no through alley or side entrance exists. (d) Unless otherwise directed, each Residential Cart shall be placed for collection in the roadway portion of the street with such minimum clearance area as to provide clear and safe lifting for collection. Again, bear in mind that your side yard may be your neighbor's entry way and your consideration is requested. If there is no fence, where possible, trash containers should be stored on the side of your house which does not face your neighbor's entry way. In the event you will be gone for a period of time and therefore unable to retrieve your trash containers promptly, it is suggested that you make arrangements with your neighbor to have your trash containers put away so that you can avoid having your containers out on the street for any length of time. Two or three times a year, an extra large dumpster is brought in to assist residents in the disposal of large items. At all other times, such discards are the personal responsibility of the residents. 31 No construction debris may be deposited in Colony dumpsters at any time. No flammable or hazardous material may be discarded in the Colony dumpsters. VOLLEYBALL COURTS No volleyball court may be erected without the written approval of adjacent property owners within 50' and the approval of the Board of Directors. Any volleyball court erected without these approvals may be removed at the discretion of the Board. Colony policy with specific regard to volleyball courts is as follows: A request in writing must be submitted to the Board of Directors, signed by the requestor and the neighbors on each side of the requestor's residence. In the case of B or C -Row owners wishing to install a volleyball court, permission must be obtained from the homeowner in front of whose residence the court will be set up, as well as the neighbors on each side. 2. No permanent boundary lines are allowed. 3. The outermost pole shall be a minimum of 75' from the adjacent front deck. 4. Volleyball net poles shall not exceed 9' in height and may not be more than 6" x 6" square or 8" around. They must be maintained in good condition, painted white or gray and be free of any decorative items that would detract from an unobtrusive appearance. Telephone poles are not permitted. If the requestor of the volleyball court moves, the Colony office must be informed in writing of the name of the person who will be assuming responsibility for the maintenance of the court or the installation will be removed. 6. Any resident installing a volleyball court must bear in mind that allowing a volleyball court to be installed is a privilege and that it does not constitute "ownership" of that section of the beach. All volleyball courts are available for use by all residents. WADING POOLS, CHILDREN'S Any wading or small plastic pools set up for children to play in on the beach or anywhere on Colony property must be completely emptied and put away immediately after use. Their use must be attended by an adult at all times. They may not be left out even though covered since they are extremely attractive to children and can create a life - threatening situation when unattended. 32 INDEX Anderson Street Entrance ..................................................................................... ............................... 21 ArchitecturalGuidelines ......................................................................................... ............................... 6 Architectural Guidelines - New Home and Remodel Construction .................. ............................... 7 Architectural Guidelines - Remodeling of Existing Homes ................................ ............................... 9 Architectural Guidelines - Sewer Connection .................................................... ............................... 10 Architectural Plans Policy and Requirements ..................................................... ............................... 6 Architecural Plans - Approval ................................................................................ ............................... 7 Architectural Standards and Purpose Guidelines ............................................... ............................... 6 Assessments- Deck Lease Fees ............................................................................ ............................... 15 A -Row Frontage Lease ........................................................................................... ............................... 15 Basketball (Standing Hoops) ................................................................................. ............................... 16 BeachRegulations .................................................................................................. ............................... 16 Board of Directors Meetings ................................................................................. ............................... 5 BoatLaunching ....................................................................................................... ............................... 16 Camping, Fires and Overnight Sleeping ............................................................... ............................... 16 Catamarans............................................................................................................. ............................... 16 ColonyOffice ........................................................................................................... ............................... 3 Colony Owned Beach Property ............................................................................. ............................... 17 ColonyOwned Streets ........................................................................................... ............................... 18 Colony Parking Lot - Open :Parking ....................................................................... ............................... 25 Colony Parking Lot - Reserved Parking ................................................................ ............................... 26 CommunityGoals ................................................................................................... ............................... 6 Complaints............................................................................................................... ............................... 18 Construction Cleanup - Daily ................................................................................. ............................... 14 Construction Cleanup - Drywells .......................................................................... ............................... 14 Construction Cleanup - Final and Inspection ...................................................... ............................... 14 Construction Debris and Cleanup Rules and Regulations ................................. ............................... 14 Construction Deposit Agreement ......................................................................... ............................... 12 Construction Deposit Form ................................................................................... ............................... 13 Construction Deposits - Insurance Requirements .............................................. ............................:.. 11 ConstructionHours ................................................................................................ ............................... 19 Construction, Street Blockage .............................................................................. ............................... 19 Decals....................................................................................................................... ............................... 19 Decals, Owner ......................................................................................................... ............................... 19 Decals, Placement .................................................................................................. ............................... 19 Decals, Renter ......................................................................................................... ............................... 19 Deliveries................................................................................................................. ............................... 22 Depositof Funds ..................................................................................................... ............................... 11 DestinationUnspecified ........................................................................................ ............................... 21 Dogs.......................................................................................................................... ............................... 20 Easements............................................................................................................... ............................... 20 Entryto the Colony ................................................................................................ ............................... 21 Entry to the Colony, Pedestrian Traffic ............................................................... ............................... 22 Fences...................................................................................................................... ............................... 22 FireLanes ................................................................................................................. ............................... 26 Fireworks................................................................................................................. ............................... 22 Flooding................................................................................................................... ............................... 22 INDEX Garage(Yard) Sales ................................................................................................ ............................... 22 General Construction Deposit .............................................................................. ............................... 11 GeneralDamage Deposit ....................................................................................... ............................... 11 GolfCarts ................................................................................................................. ............................... 22 GuardServices, Patrol ................................................................................:........... ............................... 23 Guest Listing or Expected Guests ......................................................................... ............................... 21 GuestPasses ........................................................................................................... ............................... 23 HomeownerAssessments ..................................................................................... ............................... 15 Introduction............................................................................................................ ............................... 2 Liability Insurance Coverage ................................................................................. ............................... 11 Library...................................................................................................................... ............................... 24 Newsletter............................................................................................................... ............................... 24 Noise........................................................................................................................ ............................... 24 OwnerDecals .......................................................................................................... ............................... 19 Painting /Resurfacing, Exterior .............................................................................. ............................... 24 Parking Decals- Resident Vehicles ........................................................................ ............................... 24 Parking Rules and Regulations .............................................................................. ............................... 24 Parties, Beach :........................................................................................................ ............................... 27 Parties, Home ......................................................................................................... ............................... 27 PhillipsStreet Entrance .......................................................................................... ............................... 21 Playground.............................................................................................................. ............................... 27 PlayroundRules ...................................................................................................... ............................... 27 PostOffice Parking Lot ........................................................................................... ............................... 4,26 ProcessService ....................................................................................................... ............................... 28 Razors, Scooters /Motorized ................................................................................. ............................... 28 RedZones - Fire Lanes ........................................................................................... ............................... 26 RenterDecals .......................................................................................................... ............................... 19 Renters, Long Term ..........................................................:..................................... ............................... 28 Renters, Short Term ............................................................................................... ............................... 28 Saleof Property ...................................................................................................... ............................... 29 Scaffolding............................................................................................................... ............................... 29 Scooters................................................................................................................... ............................... 28 SecurityInformation .............................................................................................. ............................... 23 Security, Gate Guard .............................................................................................. ............................... 23 ServiceTelephones ................................................................................................ ............................... 1 SkateboardRamps .................................................................................................. ............................... 30 SpeedLimit .............................................................................................................. ............................... 30 Storage /Sideyards, Rooftops and Decks .............................................................. ............................... 30 StreetParking ......................................................................................................... ............................... 25 Sunset Beach Sanitation District ................... ..: ................................................................................... . 3 Surfside Colony Administration ............................................................................ ............................... 3 Surfside Colony Community Service District ....................................................... ............................... 3 SurfsideColony History ......................................................................................... ............................... 3 Surfside Colony Physical Description ................................................................... ............................... 4 Surfside Colony Storm Water District .................................................................. ............................... 3 Surfside Colony Tax Districts ................................................................................. ............................... 3 Towing- General Statement ................................................................................. ............................... 30 INDEX Traffic Cones - Other Types of Markers ............................................................... ............................... 31 Trampolines............................................................................................................ ............................... 31 Transponders......................................................................................................... ............................... 30 Transponders- Placement ................................................................................... ............................... 30 Trash - Containers and Pickup ............................................................................. ............................... 31 Vehicleson the Beach ........................................................................................... ............................... 16 VehicleRestrictions ............................................................................................... ............................... 26 Vehicular Traffic, Resident ................................................................................... ............................... 21 VehicularTraffice, Visitor ..................................................................................... ............................... 21 Visitors Not Listed as Guest or No Guard Notification ..................................... ............................... 21 VolleyballCourts .................................................................................................... ............................... 32 WadingPools, Children ......................................................................................... ............................... 32