ARTICLE VII
ARCHITECTURAL RESTRICTIONS -
ARCHITECTURAL CONTROL COMMITTEE
7.1. No structure shall be erected, altered, placed or permitted to remain
on any Lot within the Project other than one (1) single family dwelling not to exceed two
(2) stories in height, and a private garage and other outbuildings incidental to single
family residential use of the Lot. No structure shall be moved onto any Lot within the
Project from another location and all construction within each Lot shall be new. The
foregoing notwithstanding, dwellings within the Lots abutting Valley Circle Boulevard on
the west, shall not exceed one (1) story in height.
7.2. No residence shall be erected or permitted on any Lot within the
Project which contains less than eleven hundred (1100) square feet of floor area. Such
area shall be exclusive of attached garage and open entries, porches, patios or basements.
The minimum required floor area shall be deemed to include the total enclosed floor area
of the residence, building measurements to be taken from the outer facing of exterior
walls.
7.3. Each Owner of a Lot shall, within ninety (90) days after acquiring
title thereto, cause the front yard of said Lot to be fully landscaped, subject to reasonable
growing times, and shall thereafter cause said landscaping to be maintained in a neat and
orderly manner, replacing any plant materials which die or are otherwise destroyed. No
weeds, rubbish, debris, objects or materials of any kind, plants or seed infected with
noxious insects or plant diseases shall be placed, grown or permitted to accumulate on any
portion of a Lot which renders such portion of the Lot unsanitary, unsightly, offensive or
detrimental to any Lot in the vicinity thereof, or to the occupants of any such Lot. In the
event of the default in performance of this provision, Declarant, the Association, or any
Owner shall have the right to enter upon such Lot and remove all such weeds, plants,
rubbish, debris, objects or materials and do all the things necessary to place said Lot in a
neat and orderly condition including the installation of front lawns and landscaping and
any expenses therefor shall become due an p e by e owner of said Lot to
Declarant within five (5) days after written demand therefor.
7.4. Each Owner of a Lot shall, within one hundred eighty (180) days after
acquiring title thereto, cause the sides and rear of his Lot to be fenced. All such fences .
are to be constructed at the property lines, with the exception of those Lots abutting
Valley Circle Road. The design, height, and color of the proposed fences shall be
submitted to, and approved by, the Architectural Control Committee under the procedure
hereinafter set forth in this Article VII prior to the construction thereof.
7.5. No building, fence, wall, or other structure shall be commenced,
erected or maintained upon the Project, nor shall any exterior addition, change or altera-
tion therein, be made until the plans and specifications showing the nature, kind, shape,
height, materials and location of the same shall have been submitted to and approved in
writing by the Architectural Control Committee. In the event said Committee or its
designated representatives, fails to approve or disapprove such design and location within
thirty (30) days after said plans and specifications have been submitted to it, approval will
not be required, and this Article will be deemed to have been fully complied with.
7.6. Substantial changes to the exterior color of any dwelling within the
Project from the original color created by Declarant, will require the prior written
approval of the Architectural Control Committee.
7.7. No fences, hedges, or walls shall be erected or maintained or any Lot
other than those of the same location, design and materials as are initially installed by
Declarant or as are approved by the Architectural Control Committee.
7.8. (a) No building nor any ancillary building or facility, such as tool
sheds, gazebos, cabanas, room additions, swimming pools or jacuzzis (or spas) shall be
located on any Lot nearer to the front lot line or nearer to the side street line than the
minimum building setback lines as set forth in the Zoning Regulations of the City of Los
Angeles for the appropriate zone. In any event, no building shall be located on any Lot
nearer than eighteen (18) feet to the front lot line, or nearer than five (5) feet to any side
street line, or nearer than five (5) feet to an interior lot line. No dwelling or other
building shall be located on any interior Lot nearer than twenty (20) feet to the rear lot
line. No such ancillary building or facility shall be located in the front yard of any Lot.
No privy (other than temporary ones during erection of a structure) shall be erected or
maintained within any Lot. Any lavatory or toilet in existence or used upon a Lot shall be
enclosed within a building permitted under this Declaration and shall be properly
connected with an underground septic tank or other method of disposal which is
constructed and operated so that no offensive odor shall escape therefrom.
(b) For the purposes of this covenant, eaves, steps, and open porches
shall not be considered as a part of a building; provided, however, that this shall not be
construed to permit any eaves or overhangs to encroach more than three (3) feet into any
setback otherwise required by law.
(c) No more than one (1) ancillary building within each Lot may be used
as separate living quarters. Any such building may not contain a kitchen, and may only be
used by non-paying guests, servants, or members of the Owner's family.
7.9. No treehouse, tool shed or other ancilliary building or facility shall be
erected or maintained in any Lot if the top of such structure is visible from any adjacent
Lots or from any public street.
7.10. Patio covers, gazebos and cabanas shall be constructed of wood or
other materials, and shall be of a design, which is consistent with the materials and design
of the residential building. Roofs and patio covers made of metal or fiberglass are
expressly prohibited.
7.11. The committee for the control of the structural and landscaping
architecture and design (Architectural Control Committee) within the Project shall
consist of three (3) Members. Declarant may and hereby does appoint all of the original
Members of the Architectural Control Committee as follows:
(1) Theodore E. Cox, 6767 Forest Lawn Dr., Los Angeles, California 90068
(2) Ronald A. Gallagher, 6767 Forest Lawn Drive, Los Angeles, California 90068
(3) Bayne A. Sparks, 6767 Forest Lawn Drive, Los Angeles, California 90068
From and after one (1) year following the date of recordation of this
Declaration, a majority of the Owners of Lots within the Project, excluding Declarant,
may, by signed instrument recorded in the office of the County Recorder of Los Angeles
County, replace one (1) of the three (3) Members of the Architectural Control Committee.
From and after the earlier of (i) the recordation of sales by Declarant of two hundred
forty-four (244) Lots within the Project, or (ii) three (3) years from the date of
recordation of this Declaration, a majority of the then Owners of Lots within the Project
may, by a signed instrument recorded in the office of the County Recorder of Los Angeles
County, California, replace any, or all, of the Members of the Committee. In the event of
death or resignation of any Member of said Committee, the remaining Member or
Members shall have full authority to approve or disapprove such design and location within
thirty (30) days after said plan and specifications 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 within one (1) year of the completion thereof, such approval will not
be required, and this covenant 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 performed pursuant to this covenant
7.12. All plans and specifications submitted to the Architectural Control
Committee pursuant to this Declaration shall be submitted in duplicate and delivered,
with the address of the submitting party, to the Committee at the address set forth
below. Any approval, disapproval or other action by the Committee pursuant to this
Declaration shall be by certificate stating the Committee's action as having been joined in
by at least the majority of its Members and shall be signed by such joining Members (with
signatures acknowledged for recording). The action so certified shall constitute the
action of the Committee, and the Certificate shall promptly be mailed, postage prepaid,
to the address specified by the submitting party. One set for the duplicate sets of
material submitted to the Committee may be retained by it and the other set shall have
the action of the Committee endorsed thereon and shall promptly be mailed, postage paid,
to the address specified by the submitting party unless such party shall elect to accept
delivery thereon in person or by agent The address of the Committee is 6767 Forest
Lawn Drive, Los Angeles, California 90068, or such other place as may from time to time
be designated by the Committee by a written instrument recorded in the Office of the
County Recorder of Los Angeles County; and the last instrument so recorded shall be
deemed to be the Committee's proper address.
7.13. Each Member of the Architectural Control Committee, Declarant
and any agent or employee of the Committee or Declarant shall at all reasonable hours
have access to any building site and structures being built or completed thereon for the
purpose of inspection relative to compliance with this Declaration.