Section 6.1
Architectural Review Committee
It is the intent of this section to protect, enhance, and maintain the residential character which exists within the Community. Prior to undertaking (i) construction, assembly or installation of a new structure upon a Lot, and/or (ii) any additions or substantial modifications to the exterior Improvements on a Lot, undertaking re-landscaping of the front yard of a Lot, the Owner shall
obtain the prior written consent of the Association. Examples of new structures include, but are not limited to, accessory buildings, garages, fences, tennis courts, and swimming pools. This includes changes in house color or other alterations which change the aesthetic appearance. It also includes changes to the footprint, height and roof lines of the Residence. Routine maintenance, repairs, or replacements that do not alter the original design, appearance, or structure of the property do not require approval. Pre-Approval guidelines for alterations, including color palettes, may be approved and distributed by the Committee at any time, directing changes that do not require approval.
Section 6.3
Architectural Review Committee
The Architectural Review Committee shall be composed of not more than five (5) Owners appointed by the Board. At least one Committee member shall be a Board Member. If a decision on an application has been rendered by the Architectural Review Committee, there is a right of appeal to the Board. The determination of the Board is final. A written explanation for such determination shall be provided to an Owner upon request. Members of the Architectural Review Committee shall not receive any compensation for services rendered. The Board may approve reimbursement to Architectural Review Committee members for reasonable out-of-pocket expenses incurred by them in connection with the performance of any Architectural Review Committee functions. The Board shall always maintain the ultimate authority to overrule the Architectural Review Committee.
Section 6.4(d)
Front Yards
Concrete slabs and pads that are not related to “hardscape” or or a driveway connecting the garage to the street and pedestrian paths for normal access to the Residence, are expressly prohibited in the areas in front of the Residence between it and the front property line unless behind a permitted fence. Such prohibition applies to all areas in front of the Residence line as it is extended to the side property lines.
Section 6.4(e)
Set Backs
The following set backs shall be observed for all structures:
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Front |
Side |
Rear |
Corner Lots |
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Peacock Lagoon Unit One
|
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15' |
5' |
15' |
10' |
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Peacock Lagoon Unit II
|
|
10' |
5' |
15' |
10' |
|
Marin Bay Unit 1
|
|
15' |
5' |
15' |
15' |
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Marin Bay Unit 1, Lots 1-48
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|
15' |
5' |
15' |
10' |
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Marin Bay Unit 2
|
|
15' |
5' |
15' |
10' |
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Marin Bay Unit 2, Lots 86-102
|
|
15' |
5' |
25' |
10' |
The City of San Rafael Planning Division regulations shall apply, and in the event of overlap of conflict, the more restrictive shall be applied.
Section 6.8(a)
Notice of Noncompliance
If the Board has determined that an Owner is not in compliance with the architectural procedures, standards or conditions of approval, then the Board may send notice of such noncompliance to the Owner. The notice of noncompliance shall include a specific description of the architectural violation, as well as a proposed remedy and/or course of action. For purposes of this section, noncompliance includes, but is not limited to, failure to obtain Association approval, failure to follow the approved plan (including any conditions), failure to comply with architectural guidelines, and/or failure to properly maintain Improvements.
Section 5.8(a)
Fences
No chain link fence shall be installed on a Lot without the prior written consent of the Association or as may be required by local, state or federal law enforcement. No fence or wall shall be erected or maintained on any Lot if it unreasonably obstructs or impairs the view from any other Lot.
5.8(b) Restrictions. Construction of a wall or fence in the front yard of a Lot is permitted only if:
5.8(b)(1) it conforms to City of San Rafael height restrictions;
5.8(b)(2) conforms to the setback requirements in
Section 6.4(e); and
5.8(b)(3) it has been approved in advance by the Association, as provided in
Section 6.1(a).
Section 5.22
Trees and Views
No Person shall plant, maintain, or permit to grow any tree, hedge, or other planting which unreasonably obstructs the view from, or sunlight reaching, the primary living area or active use area of any other Lot. In the event of any dispute arising between Owners and concerning a tree or view issue, the affected neighbors shall utilize the Mediation/Arbitration provisions described in
Article VII, Section 7.3(c)(2). The view protected by this section is limited to (i) views of Mt. Tamalpais, San Francisco, San Pablo Bay, San Francisco Bay, Peacock Gap Golf and Country Club, neighboring hills, and the lagoon located within the Neighborhoods; and (ii) the view as it existed when the Lot was acquired by the Owner as documented by any party at the time of purchase by the Owner. The view protected by this section is not intended to be a completely unobstructed or unimpeded panorama of the listed scenes or vistas.