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PLANNING
DEPARTMENT
Memorandum
To: Milt Stein
Mayor and Members of the City Council
Attention: John B. Bahorsld, City Manager
Terence Bogs, Assistant City Attorney
Department of Development Services
wFrom: Lee Whittenberg, Director of Development Secvi
Date: December 19, 2001
SUBJECT: Status of Architectural Review Committees -
Bridgeport
A question has come up regarding the status of the architectural review committees
established by the recorded Declaration of Covenants, Conditions, Restrictions, Reservations
and Easements (CC&R's) for the Bridgeport area. In reviewing those documents, the
following sunset dates for the various tracts that comprise Bridgeport are indicated:
Tract Number Recording Date of CC &R's Sunset Date
6345 May 31, 1968 May 31,1998
6346 December 11, 1968 December 11,1998
9814 December 29, 1977 January 1, 2008
It should be noted that the sunset dates for Tract 6345 and 6346 are 30 years from the date of
the recording date of the CC &R's pursuant to Paragraph 9 of those recorded CC &R
documents. For Tract 9814, the sunset date is established as January 1, 2008 pursuant to
Paragraph 2 of the recorded CC &R document.
All of the CC &R's have common language in the applicable paragraph indicating:
AATW 6345,6346 &9814 CC .MemoAoc WU2 -19411
Memorandum re: Tract 6345, 6346 & 9814
Status of Architectural Review Committees
December 19, 2001
"Thereafter a written instrument shall be executed by the then
record owners of a majority of the lots herein described,
approved by the City of Seal Beach, and duly recorded,
appointing a representative or representatives who shall
hereafter exercise the same power as previously exercised by
said committee."
The City does not have in its possession any written instrument executed by the record owners
of a majority of the lots, approved by the City of Seal Beach, and duly recorded, appointing a
representative or representatives who shall hereafter exercise the same power as previously
exercised by said committee. Absent this recorded instrument, it would appear as though the
architectural review committee functions for Tract 6345 and 6346 are no longer effective.
If you are aware of an action previously taken by the "record owners of a majority of the lots,
approved by the City of Seal Beach, and duly recorded, appointing a representative or
representatives who shall hereafter exercise the same power as previously exercised by said
committee', please provide such documentation to the Department of Development Services,
to my attention.
Until the above actions have been taken, the provisions of the CC&R's would indicate that the
architectural review functions for Tract 6345 and 6346 are no longer in force.
Attachments: (3)
Attachment 1:. Declaration of Covenants, Conditions, Restrictions,
Reservations and Easements, Tract No. 6345, Orange County
— recording date, May 31, 1968
Attachment 2: Declaration of Covenants, Conditions, Restrictions,
Reservations and Easements, Tract No. 6346, Orange County
— recording date, December 11, 1968 ,
Attachment 3: Declaration of Covenants, Conditions, Restrictions,
Reservations and Easements, Tract No. 9814, Orange County,
California — recording date, December 29, 1977
. • < s
Tree 6345, 6346 & 9814 CC&RsMmw
Memorandum re. Tract 6345, 6346 & 9814
Statue ofArchitecwral Review Committees
December 19, 1001
ATTACHMENT 1
DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS,
RESERVATIONS AND EASEMENTS, TRACT
NO. 6345, ORANGE COUNTY - RECORDING
DATE, MAY 31,1968
Tres 6345, 6346 & 9814 CC&R .M.
:corded -iic} 34, 1963
Book 8617, Pages 524 -530
"DECLARP.TION OF COVENANTS, CONDITIONS
REMUCTIONS, RESERVATICNS AND EASE ;'NTS
TRACT NO. 6345n- ORANGE COUNTY
—P A.,p
,APOLLO DEVELOPMENT COP.EORATION, a California corporation, hereinafter referred to
w
as "Declarant ", the oimer of the real property described as:
Lots 1 -41 inclusive and Lots 43 -66 inclusive of Tract No. 6345
as shown on a Map recorded in Book 243, pages 27, 28 and 29
of Niscellancous Maps, records of Orange County, California. ,
For the purpose of establishing.a general plan for the development and improvement
of said lots, does hereby declare that all *of said real property shall be held,
occupied, sold and conveyed subject to the covenants, conditions, restrictions,
reservations and easements hereinafter set forth, all of which shall run with the
land, and shall be binding on all parties having or acquiring any right, title
or interest in said real property, or any part thereof, and shall inure to the
i
benefit of each owner thereof; and all of which are imposed upon said land, and
every part thereof, as a servitude in favor of each and every parcel thereof as
the dominant tenement or tenements, as follows:
1. No building site on said property shall be used for any purpose other
than single family,.residence purposes, and the designation "R -1- 3000 ", as adopted
by the City Council of Seal .Reach shall govern.
2. No garage, basement, outbuildings, shack, barn, . tent, trailer or
temporary structure placed or,iaintained on any lot in said tract shall at any
time be used or occupied as a residence, either temporarily or permanently; nor
shall any structure of a temporary character be used ns a, residence. No dwelling
on any lot in said Tract shall be occupied while in course of construction.
3. No derrick, rig or other structure designed for use in boring, mining .
or quarrying 'for water, oil., natural gas or other hydrocarbon substances or
precious 6;inerals shall ever be erected, maintained or permitted upon said property
or any part hereof.
1
�. B. .In. the event of the death or resignation of any member of said committee,
the remaining member or members shall have full authority to approve or disapprove
such style, design, appearance and location, or to designate a representative with
,like authority. Neither the %embers of such committee, nor its designated
representative shall be entitled to any compensation for services performed pursuant
to this covenant.
9. The powers and duties of such committee sad of its designated
-representatives shall cease on thirty (30) years from the date hereof. 'Thereafter
a written instrument shall be executed by the then record owners of a majority of
the lots herein described, approved by the City of Seal Beach, and duly recorded,
appointing a representative or representatives who shall thereafter exercise the
same power as previously exercised by said committee.
10. All buildings erected or constructed on any lot shall conform to the
i
ordinances and statutes pertaining thereto.
11. Each dwelling house may have a sideline setback of zero (0) feet from
any one sideline of the building site on which it is located, provided that the
setback on the other side of the lot shall be a minimum of six (6) feet, except
on-corner lots the setback shall be a minimum of three (3) feet on that side
nearest the street.
12. No building shall be located on any lot nearer than eight (8) feet to
the front lot line or nearer fhan two (2) feet to the rear lot lines, with the
exception of Lot 30 and 31, which shall have a six (6) foot set back from the
front lot line. 1
13. No residence shall be erected or maintained on any lot in said
tract except a single - family dwelling house of not more than two (2) stories in
height above'the main floor level, which must have a ground -floor level of not -
less than 1250 square feet, or a second story level of.not less than 300 square
.feet and no more than 800 square fee.
• 3
Memorandum m: Tract 6345, 6346 & 9814
Status ojArchhecMral Review Committees
December 19, 2001
ATTACHMENT 2
DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS,
RESERVATIONS AND EASEMENTS, TRACT
NO. 6346, ORANGE COUNTY - RECORDING
DATE, DECEMBER 11, 1968
Tact 6345, 6346 &9814 CC&ft.M.
E
'ttMS;L.RF,CORDED MAIL T0C�
SURIIRBIA. INC.
1104 FAST 17TH STRFF.T
SANTA ANA., CALIFORNIA
eoR9S 12 uLt 140
SLOPOEO AT PEOUs ST OF
TITLE INS. hTAG>T Co.
IN OFFI EIAL "con" OF
OPANLo COUNTY, LALIF.
d a:maa DEC 11 1969
J. "LIE WITH. Cwrry R.,&
DECLAItA.TION OF COVEN:.NT3, CONDITIONS
RESTRICTIONS, RESERVATIONS AND EASUMM
TRACE 10. 6346 - ORANOE COUNTY
APOLLO =CV°ELOp ENT CORPORATION, .a California corporation, hereinafter
referred to as "Declarant ", the owner of the real property described
as:
Lots 1 -76 inclusive of Tract 6346 as shown
on a Map recorded in Book 251 , Pages
8. 9. 10 of Miscellaneous Maas,
records of Orange County, California.
Far the purpose of establishing a general plan for the development and
improvement of said lots, does hereby declare that all of said real
property shall be held, occupied, sold and conveyed subject to the
covenants, conditions, reatrictions, reservations and easements herein-
after set forth, all of which shall run with the land, and shall be
binding on all parties having or acquiring any right, title or interest
in said real property, or any part thereof, and shall inure to the bene-
fit of each owner thereof; and all of which are imposed upon said land,
and every part thereof, as a servitude in favor of each and every parcel
thereof as the dominant tenement or tenements, as follows:
1. Mo_buildingsite_ on said property shall be used. for any
purpose other than single f m'T =idence purposes, and the designa-
tion "R -1- 3000 ", as adopted by the City Council of Seal Beach shall
govern.
2. No garage., basement, outbuildings, shack, barn, tent,
trailer or temporary structure placed or maintained on any lot in said
tract shall at any time be used or occupied as a residence, either
temporarily or permanently; nor shall any structure of a temporary
character be used as a residence. No dwelling on scy lot in said Tract
shell be occupied while in course of construction.
01
Q BOOK 88 ) 2 IIaE 150
7. In the event said committee or its designated representa-
tive fails to jappXqve or disapprove such style, design, appearance and
location within. thirty (30), days after said plans_ and specifications
have been submitted to it, or in any event if no suit to enjoin the
erection of such building or making of such alterations has been commenced
prior to the completion thereof, such approval will not be required and
this covenant will be deemed to have been complied . vith fully.
8. In the event of the death or resignation of any member of
said committee, the remaining member or members shall have full authority
to approve or disapprove such style, design, appearance and location, or
to designate a representative with like authority. Neither the members
of such committee, nor its designated representative shall be entitled
to any compensation for services performed pursuant to this covenant.
9. The Power and duties of such committee and of its
designated representatives sball cease on thirty _(30) years from the
date hereof. Thereafter a written instrument shalt be executed by the
than record owners of a majority of the lots herein described, approved
by the City of Seal Beach, and duly recorded, appointing a representative
or representatives who shall thereafter exercise the same power as pre-
viously exercised by said committee. _
10. A11 buildings erected or constructed on any lot shall con-
form to the ordinances and statutes pertaining thereto.'
11. Each dwelling house may have a sideline sct_back. 9f . seN..
(0) feet fawn any one sideline of the building site on which it is
located, provided that the setback on the other side of the lot shall
be a _feet, except on gornar lots the setback shall
be s minimum of three (3) feet on that side nearest the street.
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Memorandum re.: Tract 6345, 6346 & 9814
Status of ArchitecturalRmv Committees
December 19,1001
ATTACIUMENT 3
DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS,
RESERVATIONS AND EASEMENTS, TRACT
NO. 9814, ORANGE COUNTY, CALIFORNIA -
RECORDING DATE, DECEMBER 29,1977
TW 6345, 6346 & 9814 CC&, M.
.;_
WHE10 RECORDED, MAIL TO:
Bt 1251 GPE 14 1 1
37623 RECORDING REWESTED 9R
CITY CLERIC FIRST AM/ERICAN TITLE INS CO.
CITY OF-SEAL BEACH R,,.1 Ea IN DniaAC RECORDS
211 - 8th Street DE D.Axc[ couxn. aura....
Seal Beach, California
90740 -1 10 AMgFr 291911
3 FL
WYVE CARLYLL County Reamer
3
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS, RESERVATIONS AND EASEMENTS
TRACT NO. 9814
ORANGE COUNTY, CALIFORNIA
IRIS DECLARATION, made this , e day of (i. -� � ,
197 by THE CITY OF SEAL BEACH, a municipal Co rporation here -
ina�ter referred to as "Declarant "), the owner of the real,
property described as:
Lots 1 through 35, inclusive, of Tract
9814, in the City of Seal Beach, County
of Orange, State of California, as per
map recorded in the Office of the County
Recorder of Orange County,, on December 22
1977, in Book -421 , Pages 75----t Trough
46 , inclusive Miscellaneous Maps,
for the purpose of establishing a general plan for the deve-
lopment and improvement of said lots, does hereby declare that
all of said real property shall be held, occupied, sold and
conveyed subject to the covenants, conditions, restrictions,
reservations and easements hereinafter set forth, all of which
shall run with the land, and shall be binding on all parties
having or acquiring any right, title or interest in said real
property, or any part thereof, and shall inure to the benefit
of each owner thereof; and all of which are imposed upon said
land, and every part thereof, as a servitude in favor of each
and every parcel thereof as the dominant tenement or tene-
ments, as follows:
1. permitted Use. Lots described above shall be known
and dascr1 a a`b�s res3ential lots. No structure shall be
erected, altered, placed or permitted to remain on any resi-
dential building plot other than one single - family dwelling
not to exceed two stories in height as to all lots except
Lots 1, 3, 7, 11, 18, 22, 24, 25 and 28, and one story in
height as to said excepted Lots. Said structures shall have
a ground floor level of not less than 1,20a square feet, ex-
clusiveof garages, and a second story level, where permitted,
and if t
consructed, of not less than 300 square feet.
2. Architectural Control. No building shall be erected,
placed or a tere oT� n any building plot described herein, nor
any fence, wall, tent, pipe, conduit, swimming pool, plumbing
fixture or structure erected, placed or altered on any such
building plot, until the building plans, specifications, and
plot plan showing the location of such building have been ap-
proved in writing as to conformity of external design with
811251051412
existing structures in the tract, and in surrounding tracts,
and as to location of the building and with respect to topo-
graphy and finished ground elevations by an Architectural
Committee comprised of three (3) members to he appointed by
Declarant, or by a representative designated by a majority
of the members of said Committee. In the event of death,
resignation or removal by Declarant of any member of said
Committee, Declarant shall appoint a successor to such deceased
or resigned member. Until such appointment has been made, the
remaining member or members shall have full authority to act.
Said Committee shall approve or disapprove such design and
location within thirty (30) days after said plan and specifi-
cations have been submitted to it; or, in any event, if no
suit to enjoin the erection of such building or the making
of such alteration has been commenced prior to the completion
thereof, such approval will not be required, and this cove-
nant shall be deemed to have been fully complied with. No
member of such Committee, nor its designated representative,
shall be entitled to any compensation for such services per-
formed pursuant to this covenant. The powers and duties of
such Committee, and of its duly designated representative,
shall cease on and after January 1, 2008. Thereafter, a
written instrument shall be executed by the then record owners
of a majority of the lots herein described and duly recorded
appointing a representative or representatives who shall there-
after exercise the same powers previously exercised by said
Committee.
3. Compliance with Applicable Law. All buildings erected
or constructed on any lot shall conform to the provisions of
Ordinance No. 1012, as adopted by the City of Seal Beach, on
May 23, 1977, and all other ordinances and statutes pertaining
thereto.
4. Sideline Setbacks. Each dwelling house may have a
sideline setback of zero-TO) feet from the northwesterly
sideline of the building site on all lots except Lots 12 and
35 which shall have a sideline setback of three (3) feet.
The setback on the southeasterly side of the lot shall be a
minimum of six (6) feet for all lots except Lots 1, 24 and
25 which shall be six (6) feet from the thirteen. (13) foot
easement on said lots, as shown on the tract map of Tract
9814.
S. Front Setback. The front yard building first floor
setback shall be:
12 ft. for Lots 1, 4, 6, 9, 15, 17, 20, 24,
25, 27, 29, 31 and 33;
10 ft. for Lots 2, 5, 8, 10, 12, 16, 19, 21,
23, 26 and 30;
8 ft. for Lots 3, 7, 11, 13, 14, 18, 22, 28
and 32;
6 ft. for Lots 34 and 35.
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