RANCHO SANTA FE PROTECTIVE COVENANT
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Par. 96. No building or premises nor any portion of said property shall be used or structure erected to be used thereon for any purpose other than a use permitted in the use district of the class in which such building or premises or property is located.
Par. 97. Section 3. Residence Districts of Class A - Single Family Dwellings and Farming. In Residence Districts of Class A, no building, structure or premises shall be erected, constructed, altered or maintained which shall be used or designed or intended to be used for any purpose other than that of one detached single family dwelling on any building site, and of farming and the raising of orchards, produce or crops.
Par. 98. Section 4. Residence Districts of Class B - House Courts, Flats and Dwellings. In Residence Districts of Class B, no building, structure, or premises shall be erected, constructed, altered or maintained which shall be used or designed or intended to be used for any purpose other than that of a house court, two family dwelling, and/or single family dwelling, flat, boarding house, and/or fraternity house.
Par. 99. Section 5. Residence Districts of Class C - Apartments and Other Kinds of Dwellings. In Residence Districts of Class C, no building, structure or premises shall be erected, constructed, altered or maintained which shall be used or designed or intended to be used for any purpose other than an apartment house, hotel, private school, fraternity dwelling, club, dormitory, boarding house or lodging house, flat, multiple dwelling, two-family dwelling and/or single family dwelling.
Par. 100. Section 6. Business and Public Use Districts of Class D - Retail Business, Offices and Dwellings. (a) In Business and Public Use Districts of Class D no building, structure or premises shall be erected, constructed, altered or maintained which shall be used or designed or intended to be used for any purpose other than those specified for Residence Districts of Classes A, B and C hereof, or a retail business office, professional office, retail trade, telephone exchange, fraternal society, printing office or store with the exception of those uses of property specifically prohibited by paragraphs (b) and (c) of this section.
Par. 101. (b) In any Business and Public Use District of Classes D, E, F, G, H, J, K, or L, no building or premises shall be used or erected to be used or maintained for any trade, industry, or use that is obnoxious or offensive by reason of the emission of odor, smoke, gas, dust or noise.
Par. 102. Businesses Prohibited in Class D Districts. (c) In Business and Public Use Districts of Class D, no building or premises shall be used or be erected to be used, for any of the following specific trades, industries or uses, viz.: amusement park, assaying by the furnace method with more than one furnace of a capacity of two (2) cubic feet; blacksmithing or horseshoeing; building for treatment of insane or feeble-minded, carpet cleaning or beating, car barn, coal yard; construction material yard, cotton mill, creameries, dog pound, door factory, distillation of coal, wood or bones, dyeing or dry cleaning; electric station, power plant; fire house, feed yard for cattle, fertilizer manufacture, fish cannery, foundry, public garage other than a salesroom where motor vehicles are kept for sale or for demonstration purposes only; gas (illuminating or heating), manufacture or storage plants or tanks with a capacity of over five hundred cubic feet of gas; glue, size or gelatine manufacture; gun powder, fireworks or explosives, manufacture or storage; hay or grain barn or warehouse; hides or skins (uncured); hospital or sanitarium, junk, scrap paper or rag storage or baling shop or yard, livery stable, laundry or wash-house; lumber yard, machine shop; milk bottling station; monument works; moving picture studio or theater, nursery or greenhouse; oil or gasoline supply station; packing house or plant; petroleum refinery or storage; planing mill or sash or door factory; pickle, sauerkraut, sausage or vinegar manufacture; quarry, railroad freight yard, tram, track, freight depot or shed, shops or roundhouse, rawhide or skin storage, curing or tanning; repair shop for motor vehicles; riding academy; roller or ice skating rink; rock, sand or gravel loading, distributing or receiving station; saw mill; public school; sheet metal works; silk or cotton mill; shoddy manufacture or wool scouring; stable; stone or monument works; stone crusher or quarry; crushed stone yard or bunker; stoneware or earthenware factory; saddle factory; storage warehouse; warehouse for storage of household goods; theater, undertaking parlor; veterinary hospital; wholesale business; wool pullery; wood yard; or any other plant, works or factory, where power is used to operate any such plant, works, or factory, except that this shall not prohibit any machine operated by two horsepower or less, and except as provided in paragraph (d) of this section.
Par 103. (d) In any Business or Public Use District of Class D, no building or premises shall be used or be erected to be used for any kind of manufacturing except that any kind of manufacturing of garments or food products, not included within the prohibition of paragraph (b) of this section, may be carried on; provided not more than twenty-five percent of any one store or of the ground space of the total floor space of the building is so used. The printing of a newspaper, or a printing shop, shall not be deemed manufacturing.
Par. 104. Section 7. Business and Public Use Districts of Class E - Business, Theaters and Dwellings. In Business and Public Districts of Class E, no building, structure of premises shall be erected, constructed or maintained, which shall be used or designed or intended to be used for any purpose other than those specified for Business or Public Use Districts of Class D, or a theater, moving picture theater, or dance hall.
Par. 105. Section 8. Business and Public Use Districts of Class F - General Business, Garages and Dwellings. In Business and Public Use Districts of Class F no building, structure or premises shall be erected, constructed, altered or maintained which shall be used or designed to be used for any purpose other than that permitted in Residence districts of Classes A, B or C, or in Business and Public Use Districts of Class D, hereof, and that of an undertaking parlor, public garage, automobile repair shop, gasoline or oil supply station, dyeing or dry cleaning establishment or plumbing shop.
Par. 106. Section 9. Business and Public Use Districts of Class G - Wholesale and Material Business. In Business and Public Use Districts of Class G, no building, structure of premises shall be erected, constructed, altered or maintained which shall be used or designed or intended to be used for any purpose other than that of a business permitted in Business and Public Use Districts of Class F, hereof, and that of a blacksmith shop, building material yard, car barn, coal yard, creamery, feed or fuel business, laundry, lumber yard, milk bottling or distributing station; railroad freight depot, yard, tram, track or freight shed; roller of ice skating rink; warehouse for any business permitted Class G Districts; wholesale business or wood yard; provided that the approval of the Association thereto and the issuance by it of a temporary, revocable permit therefor, may permit temporary planing mills; and provided further that in Business and Public Use Districts of Class G, no building or structure of any part thereof shall be designed, erected, altered or maintained for any single or multiple dwelling, sleeping or human habitation purposes, except that in connection with any warehouse or business building one single family dwelling quarters for one watchman employed on said building may be used by him, and his family only.
Par. 107. Section 10. Business and Public Use Districts of Class H - Public and Semi-Public Uses. In Business and Public Use Districts of Class H, no building, structure or premises shall be erected, constructed, altered or maintained which shall be used or designed or intended to be used for any purpose other than that of a public or private school, playground, park golf course, public art gallery, museum, library, firehouse, nursery or greenhouse or other public or semi-public building, or a single family dwelling.
Par. 108. Section 11. Business and Public Use Districts of Class J - Religious Edifices. In Business and Public Use Districts of Class J, no building, structure or premises shall be erected, constructed, or maintained, which shall be used or designed or intended to be used for any purpose other than that of a church, religious edifice, parish house, or a single family dwelling.
Par. 109. Section 12. Business and Public Use Districts of Class K - Hospitals and Institutions. In business and Public Use Districts of Class K, no building, structure or premises shall be erected, constructed, altered, or maintained which shall be used or designed or intended to be used for any purpose other than that of a public or private hospital, sanitarium (except an establishment for the care or cure of persons afflicted with tuberculosis, or for the care, cure or restraint of the mentally impaired, or of victims of drink or drugs, which are prohibited by Article I hereof), clinic, day nursery or charitable institution or a use permitted in a Residence District of Classes A, B or C.
Par. 110. Section 13. Business and Public Use Districts of Class L - Riding Academies and Polo Fields. In Business and Public Use Districts of Class L, no building, structure or premises shall be erected, constructed, altered or maintained which shall be used or designed or intended to be used for any purpose other than that of a riding academy, stable, polo field or residence or lodging for persons employed on said premises.
Par. 111. Section 14. Accessory Buildings. Subsection (a) repealed in 1939.
Par. 112. (b) Location of Accessory Buildings. (as amended in 1939). Private garages may be built separately from the dwellings on building sites provided that the area, yard, and court requirements of this Covenant be complied with and provided that the plans and specifications therefor are submitted to the Art Jury for approval the same as in the case of dwellings.
Par. 113. (c) Except as otherwise provided in further restrictions applicable thereto, filed for record with said County Recorder accessory buildings in Residence Districts of Classes A, B, C, H, J, K and L shall conform to the following regulations as to their location upon the lot, excepting a gate-lodge, provided, however, that where the slope of the lot seems to warrant it or for other unforeseen conditions which may work hardship in certain cases, accessory buildings may, with the written approval of the Association, and the Art Jury, be built nearer to the street. In general the Association and the Art Jury shall not approve plans and structures with garage door openings facing toward the street on which the lot fronts.
Par. 114. (1) In the case of an interior lot fronting upon only one street, no accessory building shall be erected or altered so as to encroach upon that half of the lot depth nearest the street.
Par. 115. (2) In the case of an interior lot fronting upon two or more streets, no accessory building shall be erected or altered so as to encroach upon either fourth of the lot depth nearest such streets.
Par. 116. (3) In the case of a corner lot fronting upon two streets, no accessory building shall be erected or altered so as to encroach upon the area between such respective streets and lines drawn parallel to such streets respectively in a manner to divide the lot into two equal areas.
Par. 117. (4) In the case of a corner lot fronting upon three or more streets, no accessory building shall be erected or altered so as to encroach upon any fourth of the lot depth nearest such streets.
Par. 118. (5) No accessory building shall be located within ten feet of its rear or side lot line when such line forms part of the front half of the side line of an adjacent interior lot, or the front quarter of an adjacent lot whether the latter be an interior or corner lot.
Par. 119. (6) Notwithstanding any requirement in this section, the foregoing rules shall not prohibit any accessory building where otherwise permitted by this covenant seventy-five (75) feet or more from the street bounding the block.
Par. 120. (7) The limitations imposed by this section upon the location of an accessory building shall be waived when the accessory building is incorporated as an integral part of, and attached by enclosing walls to the building to which it is accessory.
Par. 121. Section 15. Height Limitations. For the purpose of regulating and limiting the height and bulk of buildings hereafter erected, no building or structure shall be erected, constructed, altered or maintained on said property with a height in excess of two stories, no more than thirty-five (35) feet, except as provided in Section 16 hereof; provided that hotels may be erected, constructed, altered or maintained with a height not in excess of three stories, nor more than forty-five (45) feet, except as provided in Section 16 hereof.
Par. 122. Section 16. Special Height Provisions. (a) The height limitations hereof shall not apply to gables, spires, flagpoles, chimneys, and wireless aerials and supports, provided same are approved by the Association and the Art Jury, and provided further that where the slope of the lot is greater than one foot rise in six (6) feet of run an additional story may be permitted by the Association on the downhill side of the building.
Par. 123. Towers, Tanks and Penthouses Above Height Limit. (b) Towers, penthouses or water tanks closed in with walls down to the ground or to main part of the building, may with the approval of the Association and the Art Jury be built and used to a greater height than the height limits herein established; provided that no tower shall be erected, constructed, altered or maintained with rooms used or designed or intended to be used for sleeping rooms on more than three stories.
Par. 124. Section 17. General Area Requirements. For the purpose of regulating and determining the area of yards, courts and other open spaces for buildings erected on said property the following area requirements are hereby established:
Par. 125. No building or part of a building shall be erected except in conformity with the area regulations herein prescribed for Use District in which said building is located. Unless otherwise expressly provided herein the terms “rear yard,” “side yard,” “outer court” or “inner court” when used herein shall be deemed to refer only to a rear yard, side yard, outer court or inner court required herein.
Par. 126. Section 18. Percentage of Lot Occupied. No building or structure shall be erected, constructed or altered which shall occupy either alone or with other buildings, a greater percentage of the area of the lot than as follows:
Par. 127. (a) In Residence Districts of Class A not more than twenty (20) per centum.
Par. 128. (b) In Residence Districts of Classes B and C and in Business and Public Use Districts of Classes H, J, K and L, and for multiple dwellings in any use district where permitted, not more than fifty (50) per centum.
Par. 129. The measurements shall be taken at the ground level; except that in the case of hotels the measurement may be taken at the floor level of the lowest bedroom story and in the case of other multiple dwellings where there are stores or shops on the entrance story, the measurements may be taken at the story above the top of such entrance story. No measurements of lot area shall include any portion of any street or alley. Any portion of a corner lot distant more than sixty (60) feet from the corner line measured along the front line of the lot, shall be treated as an interior lot.
Par. 130. Section 19. Rear Yards. (a) Immediately behind every dwelling erected in any Use District there shall be a rear yard extending across the entire width of the lot. Such yard shall be at every point open and unobstructed from its lowest level to the sky, except for balconies approved by the Art Jury, and shall be of the depth prescribed in Section 21 hereof. Every part of such yard shall be directly accessible from every other part thereof. The depth of said yard shall be measured at right angles from the extreme rear part of the dwelling:
Par. 131. (1) to the middle line of the alley where an alley immediately abuts a lot and extends across its entire width;
Par. 132. (2) To the rear lot line, where there is no such alley;
Par. 133. (3) To the nearest wall of the building, where there is another building at the rear as permitted herein.
Par. 134. The provisions of this Section shall not apply to hotels nor to Business and Public Use Districts of Class G.
Par. 135. (b) If a lot extends through from one street to another street, public alley, walk or court or public park one-half of the narrowest street, alley, walk, court or public park on which such lot abuts may be considered as a part of the lot in computing the size of the rear yard required, provided that in no event shall the open and unoccupied space on the rear of the lot be less than five feet in depth.
Par. 136. (c) In Business and Public Use Districts of Classes D, E and F, the lowest level of the rear yard shall not be above the sill level of the second story windows nor in any case more than 18 feet above the curb level.
Par. 137. (d) In Residence Districts of Classes A, B, C and in Business and Public Use Districts of Classes H, J, K and L, the lowest level of a rear yard shall not be above the curb level, except that a private garage or other outbuilding not more than one story in height may be built in the open space required for the rear yard if the required rear yard area be not thereby diminished, and egress from said rear yard to rear lot line be provided and maintained open and unobstructed to the sky of width equal to the minimum width of required rear yard, and provided further that not more than one private garage may be built upon any one lot in a Residence District of Class A.
Par. 138. Section 20. Courts. If a room in which persons live, sleep, work, or congregate receives its light and air in whole or in part directly from an open space on the same lot with the building, there shall be at least one inner court, outer court, side yard or rear yard upon which a window or ventilating skylight opens from such room. Such inner court, outer court or side yard shall be at least of the area and dimensions herein prescribed for an inner court in use districts of Class G. Such inner court, side yard or rear yard shall be at least of the area and dimensions herein prescribed for a court in such district. The unoccupied space within the lot in front of every part of such window shall be not less than five (5) feet measured at right angles thereto and not less than thirty five (35) square feet in area. Courts, yards and other open spaces if provided in addition to those required need not be of the area and dimensions herein prescribed.
Par. 139. Section 21. Area Requirements in Business and Public Use Districts of Classes D, E, F and G. (a) In Business and Public Use Districts of Classes D, E, F and G, yards and courts shall not be required except where windows are required, in which case the provisions of Sections 19 and 20 hereof shall apply and the dimensions of said yards and courts shall be the same as required in a Class C District by paragraph (b) hereof; provided that said provisions shall not apply to windows opening under or upon an open porch or arcade.
Par. 140. Area Requirements in Classes A, B, C, H, J, K and L Use Districts. (b) In Residence Districts of Classes A, B, C and in all Business and Public Use Districts of classes H, J, K and L, and for each multiple or single dwelling erected in any Use District, the minimum width of outer courts, inner courts and rear yards shall be as follows: (Height of building based on full number of stories in the building measured upward from and including the lowest story in which there is an apartment or bedroom).
And
Side Court
on
Inside Lot
Court
Area
Width
DepthStories Rear Yard on Corner Lot
The minimum depth of a rear yard on a corner lot shall be as follows:
Depth of Corner Lot Depth of Rear Yard Not exceeding 100 feet. Not exceeding 100 feet.Not less than 10% of the depth of the lot nor less than five feet, nor less than the minimum width required for an outer court, based on the number of stories in such building. a Exceeding 100 feet. Not less than twelve (12) feet. Par. 141. (c) In Districts of Classes A, B, H, J, K and L along each side lot line there shall be a side yard of a minimum width of five (5) feet, provided, however, that upon the presentation of a duly executed party wall agreement between owners of two adjoining lots and with the written approval of the Art Jury, this requirement shall not apply as to said lot line, provided that this shall not reduce any free space of sideline setback requirement elsewhere established. In Residence Districts of Class C and in Business and Public Use Districts of Classes D, E and F, side yards shall not be required except where windows are required.
Par. 142. Section 22. Additional Buildings on Same Lot. (a) No building for residence use shall be built nearer in any part than fifteen (15) feet from any other building for single or multiple residence use on the same lot, except where a common party wall more than eight (8) feet in length is used as an integral part of such dwelling.
Par. 143. (b) If a building is erected on the same lot with another building, the area of the several buildings taken together shall for the purpose of this agreement be considered as a single building in computing area requirements. Any structure, whether independent of or attached to a building, shall for the purposes hereof be deemed a building or a part of a building.
Par. 144. (c) No building or structure of any kind shall be placed upon the same lot with an existing building or structure so as to decrease the minimum size of courts or yards as herein prescribed, excepting a one-story accessory private garage or outbuilding, as provided in Section 19 hereof.
Par. 145. (d) In Residence Districts of Classes A and B, on a corner lot, no fence, wall or structure more than three and one-half feet in height above the plane of the established curb grades of said corner shall hereafter be erected or constructed or altered that is included within the street lines of the intersecting streets and a straight line connecting said street lines at points which are respectively twenty feet distant along each street line from their common point of intersection, and no planting or foliage shall be placed or maintained within such area that in the judgement of the Art Jury will materially obstruct the view of a driver of a vehicle on a roadway approaching said street intersection, and provided that in case of steep lots the Art Jury may waive this requirement.
Par. 146. Section 23. Area Requirement Exceptions. (a) The area required in a court or yard at any given level shall be open from such level to the sky unobstructed, except for the ordinary projections of skylights, and parapets above the bottom of such court or yard, except for the ordinary projections of window sills, belt courses, cornices and other ornamental features to the extent of not more than four inches, and except for balconies approved by the Art Jury. And provided also that in a Residence District of Class A, a single family dwelling having a side yard of a clear and unobstructed width of not less than five feet may have a cornice or eave projecting not more than two feet into the side yard on the opposite side.
Par. 147. (b) A corner of a court or yard may be cut off between walls of the same building provided that the length of the wall of such cut-off does not exceed four feet.
Par. 148. (c) An offset to a court or yard may be considered as a part of such court or yard provided that it is no deeper in any part than it is wide on the open side and that such open side be in no case less than six feet wide.
Par. 149. Section 24. Interpretation. In interpreting and applying the provisions of this covenant they shall be held to be the minimum requirements adopted for the promotion of the health, safety, comfort, convenience and general welfare of the owners and occupants of said property. It is not intended by this covenant to interfere with any provisions of law or ordinances or any rules, regulations, or permits previously adopted or issued or which may be adopted or issued pursuant to law relating to the use of buildings or premises; nor is it intended by this covenant to interfere with or abrogate or annul easements, covenants or other agreements between parties; provided, however, that where this covenant imposes, creates or establishes greater, different, or more stringent restrictions, conditions, covenants, reservations, liens or charges than are imposed or required by such provisions of law or ordinances or by such rules, regulations or permits, or by such easements, conditions, reservations, covenants or agreements, then and in that case the provisions of this covenant shall control. The State Housing Laws shall be enforced in and apply to all said property as if said property were within the boundaries of an incorporated city.
Par. 150. Section 25. Alterations. No building or structure erected or constructed or premises used on any part of said property shall at any time be altered so as to be in violation of this covenant.
Par. 151. Section 26. Building Permits. No building permit shall be issued by the Association for the erection or alteration of any building or structure contrary to the provisions of this covenant and the building commissioner shall annually or oftener inspect all buildings and premises in said property and report to the Association and the Art Jury any and all violations hereof in the maintenance of said buildings and premises.
Par. 152. Section 27. Use Prior to Issuance of Certificate of Completion and Compliance. No owner or lessor of any portion of said property shall use or permit the use of any building or premises or part thereof created, erected, changed, or converted wholly or partly in its use or structure until a certificate of completion and compliance, to the effect that the building or premises or the part thereof so created, erected, changed or converted and the proposed use there of conform to the provisions of this covenant, shall have been issued by the Association and the Art Jury.
Par. 153. Section 28. General Requirements as to Architecture. (a) To preserve the attractiveness of the said property and to prevent the erection, alteration or maintenance of buildings of undesirable and inharmonious design that would depreciate neighboring property, there are hereby established and defined for said property certain districts combining the usual architectural forms as follows:
Type I - Architecture Districts
Type II - Architecture Districts
Type III - Architecture Districts,as herein further defined and limited, with locations, extent and boundaries thereof as herein defined or as may be defined and established in supplemental declarations or restrictions hereafter filed for record with said County Recorder. No building or structure shall be erected, constructed, altered or maintained on said property or any part thereof, except in conformity with the regulations herein provided for the Type of Architecture District in which said building or structure is located.
Par. 154. (b) A design must be reasonably good in order to be approved by the Art Jury. A poorly designed example of architecture, regardless of its proposed cost, shall be disapproved.
Par. 155. (c) Materials, color and forms must be used honestly, actually expressing what they are, and not imitating other materials (such as tin, tile, wood and sheet metal, shamming stone, etc.), as for instance, wood being treated frankly as wood and not in imitation of stone, wherever it is used. In this hilly country, roofs will be much seen from above, and their form and color are important to the success and attractiveness of the property. The design of the building must be such as will, in the opinion of the Art Jury, be reasonably appropriate to its site and harmonize with its surroundings. The word “type” is used rather than “style” because attempts to reproduce “archaeological” or “period” styles shall be discouraged.
Par. 156. Section 29. Type I Architecture Districts. In Type I Architecture Districts buildings or structures shall conform to the following general requirements and definitions, subject to the discretion of the Art Jury:
Par. 157. Type I shall be that distinctive type of architecture which for several decades has been successfully developing in California, deriving its chief inspiration directly or indirectly from Latin types, which developed under similar climatic conditions along the Mediterranean or at points in California, such as Monterery.
Par. 158. Color: Generally light in tone (of shades to be approved for each individual case).
Par. 159. Materials: Plaster, adobe or stucco exterior wall surfaces of a durable construction or concrete, stone or an approved artificial stone are to be preferred. Texture and finish of plaster or exterior to be approved by the Art Jury for each individual case.
Par. 160. Roofs: Low pitched roofs are desired in Type I districts, preferably not steeper than thirty (30) degrees and never to exceed thirty five (35) degrees maximum. Roofs shall be of tile, shingles or shakes of a color and type approved by the Art Jury. Roof, if flat, enclosed by parapet walls. Paper or other prepared roofings of these flat roofs to be sprinkled with gravel or other material generally light in tone, approved by the Art Jury.
Par. 161. Section 30. Type II Architecture Districts. In Type II Architecture Districts, buildings and structures shall conform to the same general requirements as in Type I Architectural Districts, provided that the main roof of all structures in Type II Architecture Districts shall be burned of clay tile of a color, shape and texture approved by the Art Jury.
Par. 162. Section 31. Type III Architecture Districts. In Type III Architecture Districts all buildings or structures shall conform to the requirements of Type I, and of a general group design and color scheme prepared under the direction of the Art Jury, for any and all buildings and structures to be erected in said Type III District, which said design shall indicate the general spacing of bays or openings, exterior facades, roof lines, gables and towers. No building or structure shall be erected, constructed, altered or maintained on any lots in said District except in conformity with said design color scheme, as interpreted by the Art Jury.
ARTICLE V
Duration, Enforcement,
AmendmentPar. 163. Section 1 (As amended in 1930). Duration of Restrictions. All of the restrictions, conditions, covenants, reservations, liens, and charges set forth or provided for in this covenant shall continue and remain in full force and effect at all times against said property and the owners thereof, until January 1, 1950, and shall as then in force be continued automatically and without further notice from that time for a period of twenty years, and thereafter for successive periods of twenty years each without limitation, unless within the six months prior to January 1, 1950, or within the six months prior to the expiration of any successive twenty-year period thereafter a written agreement executed by the then record owners of more than two-thirds in area of said property, exclusive of streets, parks and open spaces, be placed on record in the office of said County Recorder, by the terms of which agreement any of said conditions, restrictions, covenants, reservations, liens or charges are changed, modified, or extinguished in whole or in part as to all or any part of the property subject thereto, in the manner and to the extent therein provided. In the event that any such written agreement of change or modification be duly executed and recorded, the conditions, restrictions, covenants, reservations, liens and charges as therein modified shall continue in force for successive periods of twenty years each unless and until further changed, modified or extinguished in the manner herein provided. The provisions of this section shall be subject at all times to the right of change or modification in the manner set forth in Sections 2 and 3 of this Article.
Par. 164. Section 2 (As amended in 1930). Modification of Basic Restrictions. Amendment, change, modification or termination of any of the conditions, restrictions, reservations, covenants, liens or charges set forth and established in any part of this instrument except in Article VI hereof may be made by mutual written agreement between the then owners of record of not less than two-thirds in area of said property and lot less than two thirds in number of all of the then owners of the record title of said property, and the Association, duly executed and placed of record in the office of said County Recorder.
Par. 165. Section 3 (As amended in 1930). Modification of Other Restrictions. Any of the conditions, restrictions, covenants, reservations, liens or charges set forth in Article VI hereof, or hereafter established in any declaration, acceptance or covenant of additional restrictions or deed, contract of sale, or lease approved by the Association as herein provided, and filed for record with said County Recorder, applicable to any part of said property, unless otherwise provided therein, may be changed or modified by written instrument duly executed and placed of record, with the written approval of the Association and the owner or owners of record of two-thirds in area of the property directly subject to said change or modification; provided, however, that no such change or modification shall be made without the written consent duly executed and recorded of the owners of record of not less than two-thirds in area of all of said property held in private ownership within five hundred (500) feet in any direction from the property concerning which a change or modification is sought to be made, and provided further that this shall not be construed as requiring the consent of the owners of any property not under jurisdiction of the Association; and also provided that any approval given thereto by the Association shall not be valid unless and until the Board of Directors shall first have had a public hearing thereon. The phrase “property directly subject to said change or modification,” as used in this paragraph, shall be taken to mean only the parcel or parcels of said property described in the application for amendment presented to the Association for approval.
Par. 166. Section 4 (As amended in 1930). Records and Reports. (a) provisions thereof; and the Association and/or of the Art Jury may at any reasonable time after reasonable notice enter, inspect and report upon any property subject to the jurisdiction of the Association and/or the Art Jury as to its maintenance or improvement in compliance with the provisions hereof; and the Association, the Art Jury and/or any agent or officer thereof shall not thereby be deemed guilty of any manner of trespass for such entry or inspection. The Association and/or Art Jury may issue upon request of the owner a certificate of completion and compliance as to any property so inspected and make and collect a charge for such certificate.
Par. 167. (b) For the purpose of making a search upon or guaranteeing or insuring title to, or any lien on and/or interest in any lot or parcel of said property, and for the purpose of protecting purchasers and encumbrancers for value and in good faith as against the performance or non-performance of any of the acts in this covenant authorized, permitted or to be approved by the Association and/or Art Jury, the records of the Secretary of the Association and/or the Art Jury shall be prima facie evidence as to all matters sown by such records and the issuance of a certificate of completion and compliance by the Association and by the Art Jury showing that the plans and specifications for the improvements or other matters herein provided for, or authorized, have been approved and that the said improvements have been made in accordance therewith, or of a certificate as to any matters relating to the Association or to the Art Jury by the respective secretaries thereof shall be prima facie evidence and shall fully justify and protect any title company or persons certifying, guaranteeing, or insuring the said title, or any lien thereon and/or any interest therein, and shall also fully protect any purchaser or encumbrancer in good faith and for value in acting thereon, as to all matters within the jurisdiction of the Association and/or the Art Jury. In any event after the expiration of one year from the date of the issuance of a building permit by the Association for any structure, work, improvement or alteration, the said structure, work, improvement or alteration shall, in favor of purchasers and encumbrances in good faith and for value, be deemed to be in compliance with all the provisions hereof unless actual notice executed by the Association and/or the Art Jury of such non-completion and/or non-compliance, shall appear of record in the office of the County Recorder of said County, or legal proceedings shall have been instituted to enforce completion and/or compliance.
PO Box A, Rancho Santa Fe, CA 92067 Email: info@rsfassociation.org