The Architectural Review Committee

The Declaration of Restrictions (CC&R's) establishes the requirements for the Architectural Review Committee (ARC). Upon retirement of the Declarant from the ARC, the members of the ARC will be elected by the Owners per the procedure defined in Article 4 of the CC&R's.

The ARC consists of five members selected by the Owners. Each member serves a one-year term. Members of the ARC receive no compensation.

Approval

Owners must obtain prior written Approval from the ARC prior to construction, installation, landscaping, replacement, alteration, grading, excavation, placement of temporary structures, etc. as detailed in Article 4, para. 4.2 of the CC&R's. A majority vote of the ARC members is required for approval.

Any proposed revisions to Approved plans must be submitted to the ARC for review and Approval. If the changes do not substantially alter the Approved plans, no additional fees will be required.

Professional Services and Fees

The ARC may seek the professional services of an architect and/or landscape architect as appropriate to review plans and report to the Committee. This review will help ensure that the review process is thorough, consistent and considers all requirements and Guidelines. The fees must be uniform and are required to cover the professional and administrative cost of the review process. Deposits are required for major improvements to ensure that the improvements are completed substantially in compliance with the Approved plans.

Review Guidelines

The ARC will review plans for compliance to the specific requirements of the CC&R's and and Guidelines. The review will carefully and objectively consider the proposed improvement(s) in relationship to the subject lot and public view. Buildings, structures, and all proposed elements shall be designed in harmony with the subject lot, adjacent lot(s) and neighborhood.

Meetings

The Architectural Review Committee (ARC) meets twice a month. Meetings will be held as needed on the first and third Mondays of each month at the offices of Focus Real Estate and Investment, Inc.

Plans received prior to a meeting will be reviewed by the ARC to verify that the plans are complete. If the plans are complete and all fees and deposits received, the ARC will place the plans in the review process. The plans may be forwarded to the appropriate architect(s) for review and report to the ARC. Incomplete plans will be returned to the Owner with notation of the missing data. The ARC Application Form contains a checklist of the data required with each submission. The ARC will endeavor to complete its review of complete submissions and return Approved plans or Unapproved plans with comments within 15 days of the first meeting after receiving the complete plans. In some cases the review process may require up to 30 days.

Owners wishing to schedule a preliminary discussion with the ARC may do so for the meeting on the first Monday of the month The ARC can answer questions and provide preliminary advice at this meeting, but this is not a review for Approval. To schedule a discussion, please submit the plans with an application before the first Monday of the month. No fee or deposit is required with this application. However, a formal submission of plans with an Application and appropriate fee/deposit is required to initiate a review for Approval.

Appeal

In the event that an Owner and the majority of the ARC cannot agree on conditions that result in Approval of the proposed plans, the Owner may request that the Board of the Fountaingrove II OSMA act as non-binding arbitrator. The Owner and the ARC may submit the disputed plans to the Board for review of the disputed features and endeavor to seek a solution that is Approved by the majority of the ARC.

These Guidelines have been developed to supplement the Fountaingrove II East Declaration of Restrictions (CC&R's). The purpose of the Guidelines, as with the CC&R's, is to promote architecture and landscaping that enhances and protects the value, desirability, and attractiveness of the development while respecting the natural beauty of Fountaingrove. At the same time, application of the CC&R's and Guidelines will recognize the right of each Owner to use the owner's lot for their enjoyment, creativity and purpose so long as that Owner does not violate the CC&R's or Guidelines or rights of the other Owners.

These Guidelines have been Approved by the Architectural Review Committee and, as such, are enforceable under the provisions of the Fountaingrove II East Declaration of Restrictions.

General

1. Buildings, structures, and all proposed elements shall be designed in harmony with the subject lot, adjacent lot and neighborhood.

2. The placement and height of proposed structures and landscape materials shall consider the effect on adjacent lots and dwellings.

3. Grading and drainage plans shall consider the effect on adjacent lots and open space. The alteration of existing drainage patterns and runoff to adjacent lots is prohibited. Upslope lots shall intercept and control excessive runoff to the down slope lots or open space.

Architectural Design

1. All driveways shall be constructed of poured concrete.

2. Driveway gates may be considered by the ARC on an individual basis. Gates and fencing shall not be installed within the front yard in front of the building structure, except where special conditions, such as flag lots, may be considered on an individual basis.

3. Fencing guidelines are attached. These have been extracted from the approved Design Program. Variations to these general guidelines may be submitted for ARC Consideration.

4. Decks shall be integrated with the architectural design of the building. For decks elevated 3 feet or more above finished grade, screening that is architecturally consistent shall be provided at the underside of the deck.

5. Retaining walls may not exceed 5 feet in height from exterior finished grade. Terracing should be considered.

6. All accessory structures, buildings, play structures, etc. shall be subject to the same height restrictions as gazebos (Declaration of Restrictions. Article 3.5,para xxxiv). Accessory structures up to 16 feet maximum height as measured to finished grade directly below the point of the structure may be considered on an individual basis where there is not an adverse impact on the adjacent lot(s).

Landscape Design

1. Unsuitable landscape material - AII plant material specified in the Design Program, Appendix B - Unsuitable/Invasive Plant List (attached) is prohibited in Owner lots. Exotic plant species that are not harmonious or consistent with the Design Program should be avoided.

2. Selection and placement of plant material shall consider its mature height and the effect on adjacent lots.

3. Landscaping for front, rear, and side yards requires prior written ARC approval. Landscaping of front, rear, and side yards is required.

4. Modifications to the landscaping requires prior written ARC approval except for the following:

A. Replanting designated flower or vegetable beds.

B. Replacing dead or unsightly plant material with similar healthy plant material. Note: Tree removal or replacement is subject to the regulations of the City of Santa Rosa.)

C. Planting or replanting containers or Planters consistent with the overall landscape scheme.

Declaration Of Restrictions (CC&R's)(pdf)

Architectural Review Application(pdf)

Use Permit Provisions (pdf)

Architectual and Landscape Guidelines (pdf)

Fountaingrove II East Architectural Review Committee Members

Curtis Baldwin MD -----> Crown Ridge
Dan Cummins ----->Vistara
James Finn MD ----->Crown Ridge
John Seaton ----->Fox Ridge ll
Harold R. Mancusi-Ungaro MD ----->Fox Ridge ll