Summary Of Preliminary Declaration Of Covenants, Conditions And Restrictions For The Vistas at Sopori Ranch

USE RESTRICTIONS

Section 1. Residential Use, Size and Height. All of the Lots in the Development shall be known and described as, and limited in use to, residential purposes. No building shall be erected, placed, altered or permitted to remain on any Lot, or portion thereof, other than a single level unit (excluding any basement), containing a minimum of 2,000 livable square feet, and normal outbuildings and a guest house as and if allowed by governmental zoning. Livable square foot area of a residence shall be exclusive of carports, garages, breezeways, patios, terraces, and porches. The maximum height of any building may not exceed 24 feet, measured to the top of the surrounding parapets on flat roofs or the ridge line on pitched roofs. Height shall be measured from the highest adjacent natural grade at each building. Chimneys shall be no more than five feet above the highest point of the roof. Each Lot shall be limited to one (1) single family detached residence.

Section 2. Construction. All Units and structures on the Lots shall be of new on-site construction and no buildings or structures shall be moved from any other location onto any of the Lots. All Units and structures, including any walls, must be constructed within the setback areas as shown on the Plat, and must be located within the graded area limitation as referred to in Paragraph __ of "Notes" on the Plat, or any amendment thereto. Erection of modular, modular type construction or manufactured housing shall not be permitted on said Lots. This shall not prevent the use of manufactured components in the construction of the single family structures.

Section 3. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used as a living quarters on any Lot at any time either temporarily or permanently.

Section 4. Completion. Upon commencement of construction, such construction shall be diligently pursued to completion. The Unit and any other structures shall be completely finished within nine (9) months from the issuance of the Building Permit for the Unit.

Section 5. Business or Offensive Activities. No trade business of any kind may be conducted in or from any Lot except that an owner may conduct a business activity within a dwelling unit located on a Lot so long as the existence or operation of business activity (i) is not apparent or detectable by sight, sound, or smell from the exterior of the dwelling unit; and (ii) is consistent with the residential character of the real property subject to the Declaration and does not constitute a nuisance or a hazardous or offensive use including, without limitation, excessive or unusual traffic or parking of vehicles in the vicinity of a Lot, as may be determined in the sole discretion of the Board. The terms "business" or "trade", as used in the previous sentence, shall be constructed to have their ordinary and generally accepted meanings and shall include, without limitation, any occupation, work or activity undertaken on any ongoing basis which involves providing goods or services to persons other than the provider's family and for which provider receives a fee, compensation or other form of consideration regardless of whether (i) such activity is engaged in full or part-time; (ii) such activity is intended to or does generate a profit; (iii) a license is required therefore. No Lot shall be used or maintained as a dumping ground for rubbish, or storage of non-operating vehicles. Lots, walls, ditches, road rights of way shall be kept free of weeds and unkempt grasses, so as not to become a fire hazard or a nuisance to adjacent properties. There shall be no outside toilets. All permitted plumbing shall be connected to a septic system or some other similarly governmental-approved disposal or central system.

Section 7. Outside Lighting. Except as may be initially installed by Declarant, all outside lighting, except porch lights and other customary, indirect, low intensity, non-colored lighting, shall be subject to the prior written approval of the Architectural Control Committee pursuant to Article VIII below, and shall also comply with Section ____ of the Santa Cruz County Zoning Ordinance, as from time to time amended.

Section 8. Animals, Pets. No animals, other than a reasonable number of generally recognized house or yard pets, shall be maintained by any owner on any lot, and then only if they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes. Notwithstanding the foregoing, no horse, ponies, mules, ostriches, swine, chickens, turkeys, cows, goats, sheep, geese, ducks or other barnyard animals shall be kept, bred, or raised on any Lot and no pet of any kind may be kept which in the opinion of the Board results in an annoyance or are obnoxious to the Owners or occupants of other Lots in the vicinity.

Section 9. Fences and Walls. All walls shall be subject to Architectural Control Committee approval and must be constructed of masonry in a workmanlike manner. No fences are allowed. Maximum wall height shall not exceed six (6) feet. No front wall shall be more than 3 ft. in height. No walls shall interfere with the natural drainage. No additional or replacement walls of any kind shall be erected, placed or permitted to remain on any Lot except as otherwise approved in writing, pursuant to Article VIII.

Section 11. Trucks, Trailers, Campers, Boats and Motor Vehicles. It is the intent of the Declarant to eliminate on-street parking as much as possible; motor vehicles shall be kept in garages or driveways. No overnight parking shall be permitted on the streets shown on a Plat. No motor vehicle exceeding a 3/4 ton manufacturer's rating, travel trailer, 5th wheel, camper shell, detached camper, all terrain vehicle, boat, boat trailer or other similar equipment or vehicle shall be parked, maintained, constructed, reconstructed or repaired on any Lot unless screened from view from the neighboring Lots, street or Common Area, in a manner approved by the Architectural Control Committee. Temporary facilities may be used by Declarant in connection with the construction of the Property, as more fully provided for in Section 26 below. No automobile, motorcycle, or other motor vehicle shall be constructed, repaired or, if inoperable, stored upon any street, nor on any Lot so as to be visible from a neighboring Lot, the Common Area or a street, (The use of all terrain type vehicles on community streets is expressly prohibited.

Section 12. Garages. Each Unit shall include, which may be detached, an enclosed garage for at least 2 cars, which garage shall be constructed in conjunction with the construction of the Unit. Garages shall be used only for purposes of storage of automobiles and similar vehicles and such related purposes for which garages are customarily used. Garages shall specifically not be converted for use or otherwise used as additional residential living space unless there is a replacement garage as approved by the Architectural Control Committee.

Section 13. Windows, Awnings and Solar Panels. No reflective materials, including, but not limited to aluminum foil, reflective screens or glass, mirrors, or similar type items shall be permitted to be installed or placed on the outside or inside of any windows or any other part of a Lot which can be seen from the outside of the Property or from any other portions of the Property. Visible solar panels are allowable provided they are ground mounted and approved by the Architectural Control Committee. The coloration of the exterior side of all drapes, curtains or other window coverings shall be approved by the Architectural Control Committee.

Section 14. Screening Areas. All screening areas shall be enclosed by hedges, or walls which shall be maintained upon the Lot in accordance with their original construction or installation, except as otherwise approved in accordance with Article VIII.

Section 15. Accessories. Except as may be initially installed by Declarant, no clotheslines, service yards, wood piles, freestanding mailboxes or newspaper receptacles, exterior storage areas, sheds or structures, heating or air conditioning equipment, evaporative coolers and pre coolers, or other exterior fixtures, machinery or equipment shall be permitted except with the prior written approval of the Architectural Control Committee pursuant to Article VIII below. Any such use or equipment as is approved and authorized shall be attractively screened or concealed (subject to all required approvals as to architectural control). All heating and air-conditioning systems shall be ground mounted.

Section 16. Waste Disposal. No incinerators shall be permitted on the Property or any part thereof, nor shall trash be burned on any part of the Property. No garbage, rubbish, trash or debris shall be placed or allowed to accumulate on the Property. Owners shall keep their Lots free of all garbage, rubbish, trash and other debris.

Section 17. Underground Utilities. All electric, gas, power, telephone, water and other service and utility lines, pipes and/or other structures and media for transmission thereof shall be placed and maintained underground, except above-ground service pedestals and switch cabinets, and except to the extent (if any) such underground placement may be prohibited by law, and except for such above-ground structures and/or media for transmission as may be originally constructed by Declarant or as may be otherwise approved in writing by the Architectural Control Committee.

Section 18. Noisy Equipment. No equipment which emanates disturbing sounds or loud noises will be allowed. All speakers, amplifiers, radios and other means of emitting sound, whether located inside or outside of a Unit, shall be subject to regulation by the Association as to noise levels.

Section 19. Antennas. No radio, television or other antennas or satellite dishes (except for dishes not to exceed 18 inches in diameter) of any kind or nature shall be placed and maintained upon any Lot or the Premises or any part thereof (or the improvements located thereon) unless approved in writing by the Architectural Control Committee pursuant to Article VIII below.

Section 21. Subdividing. None of the Lots shall be subdivided into smaller Lots or conveyed or encumbered in less than the full original dimensions as shown on the Plat of the Development.

Section 22. Building Walls. The walls of any buildings or improvements constructed on any Lot shall not exceed the height of the original construction unless approved in writing by the Architectural Control Committee. Setback lines shall be maintained in accordance with the original construction on each Lot unless otherwise permitted by written approval of the Architectural Control Committee.

Section 24. Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate upon any portion of the Property and no odors shall be permitted to arise there from so as to render any portion of the Property unsanitary, unsightly, offensive or detrimental to any other portion of the property or its occupants. No noxious, destructive or offensive activity or any activity constituting an unreasonable source of annoyance shall be permitted to be conducted, exist or operate upon any portion of the property. The Declarant or the Board, in its sole discretion, shall have the right to determine the existence of any of the activities described herein.

Section 25. Additional Restrictions. All fireplaces, chimneys and outlets from stoves, heating appliances and outside fireboxes must be protected from the emission of sparks by capping or screening. No campfires are allowed.

(These Preliminary Conditions, Covenants, and Restrictions for Vistas at Sopori Ranch are subject to change and revision in their entirety or in part at any time without notice.)