I. INTRODUCTION
III. APPLICATION REVIEW PROCESS
I. INTRODUCTION
The Architectural Guidelines are for the purpose of executing the design review provisions of the PGA WEST Residential Association, Inc. (Association) as described in the Declaration of Covenants, Conditions and Restrictions (CC&R’s). If any discrepancy exists herein, the CC&R’s supersede this document. An Architectural Variance Application and in most cases, a Maintenance and Indemnity Agreement must be completed: submitted and approved for any change, addition or alteration to the exterior of any unit or the limited common area adjacent to the unit. The Maintenance and Indemnity Agreement is required to shift future maintenance costs and risks associated with the changes from the Association to the individual homeowner. There is no obligation, nor should there be any expectation that a variance will always be granted.
The intention of the guidelines and the burden of the application is to ensure that all applications and/or all work be in conformance with the most current Uniform Building Code enforced by the City of La Quinta, and/or The PGA WEST Residential Association, Inc. Architectural Guidelines, whichever is more restrictive.
A. COMMITTEE PURPOSE
The Architectural Committee is governed by Article VIII, Section 1 of the CC&R’s for the purpose of maintaining and implementing the Architectural Rules, to review and approve prior to the commencement of work, improvements to a property and any subsequent changes to those improvements. Enforcement policies will be established and adhered to.
Following is a summary of the CC&R’s as they pertain to the Architectural Committee and its duties:
- To develop and maintain the Association’s Architectural Guidelines. Based on the CC&R Architectural Rules, the Guidelines will be used to establish a uniform appearance within the property and will periodically be amended to incorporate new technology and design concepts.
- To consider and act upon any and all proposals or plans submitted to the Architectural Committee as an application request.
- To ensure any improvements constructed in the Association conform aesthetically to plans and specifications approved by the Architectural Committee.
- Homeowners must submit a complete Architectural Variance Application and receive approval in writing before beginning any alteration, addition, grading, excavation or any other modification of an Association unit. The Architectural Variance Application is deemed complete when it includes fees, performance deposits, plans, specifications and samples showing the nature, kind, shape, height, width, color, materials and location of the improvement, contractor identification including license(s), required insurance certificates and all applicable forms as provided in the Architectural Variance Application Packet (short or long application forms).
- In accordance with the CC&R’s, the Architectural Committee may, in its own name or on behalf of the Association, exercise all available legal and equitable remedies to prevent or remove any unauthorized and unapproved improvements (any item placed or constructed) on the Project or any portion thereof.
- When the Architectural Committee becomes aware of undocumented and or unapproved Architectural installations, the Architectural Committee may require that the unapproved installation be made to meet current guidelines.
- The Architectural Committee shall adopt, amend or repeal, by majority vote or written consent, the provisions of the Architectural Guidelines.
B. GUIDELINE PURPOSE
The intent of the Architectural Guideline is to clarify the Architectural Rules as defined by the CC&R’s and:
- Assist the homeowner in designing their proposed improvement and in determining how to apply for approval.
- Provide criteria for consistent decisions by the Architectural Committee.
- Assist both the Architectural Committee and the Homeowner in the ongoing process of conformance to the community design.
C. GOAL
With the successful implementation of the Guidelines, the Architectural Committee and the Homeowner will:
- Preserve the harmonious relationship between the property structures, landscaping, and topography.
- Keep the community attractive for the enjoyment of the residents.
- Preserve and enhance the property values of the community.
D. CRITERIA
The Architectural Committee will evaluate each Homeowner’s Architectural Variance Application on its individual merits. The Association has no duty to ensure that building codes or proper construction are met. Besides evaluation of the particular design proposal, the Committee will consider the characteristics of the plan type and location, since what may be an acceptable design in one instance may not be acceptable in another.
- CONFORMANCE WITH CC&R’s: All applications are reviewed to determine that the proposed improvement is in conformance with the Association’s governing documents. All building codes must be met and permits obtained where applicable.
- DESIGN COMPATIBILITY: The proposed improvement must be compatible with the established architectural characteristics and standards of the development. Design compatibility is defined as similarity in architectural style, quality of workmanship and materials, color and construction details. The proposed improvement concept must be sound and appropriate to its surroundings and to the community in its entirety.
- LOCATION AND IMPACT ON NEIGHBORS: The proposed improvements should be compatible with or relate favorably to the landscape, the existing structure and the architectural quality of the community. The primary concerns are safety, visual harmony, access, ventilation and drainage. Proposed improvements may have significant impact on adjacent and/or facing properties if applicable, therefore, the Architectural Committee requests the homeowner to contact the adjacent neighbor(s) for comment and written response on the “Neighbor Form”. Should neighbor(s) provide reasonable objections to the proposed improvements, the Committee may, but shall not be obligated to, consider this a valid reason for the denial of the application.
- COMMON AREAS: Common areas damaged during construction, if any, shall be returned to the original state by the homeowner’s contractor or an appropriate contractor will be hired by the Association and the cost billed to the homeowner. All restoration work performed to restore common areas must be to the satisfaction of the Association.
- SCOPE: The scope of the proposed improvement must include harmony to the adjacent structures and the community as a whole.
- COLOR: All proposed exterior improvements must be similar building materials and be painted the same color as the adjacent stucco and trim color. Within the guidelines, certain items are required to be finished in a neutral color. Neutral color is defined as off-white, tan, light brown, i.e., earth tones compatible with the community color scheme. All color samples submitted are subject to Committee approval.
- CONTRACTORS AND WORKMANSHIP: All work of any nature, performed by contractors employed by homeowners, or work done by individual homeowners must conform to applicable building codes and standards. The Association has NO obligation to ensure that building codes are met. All contractors will be required to furnish a copy of their contractors’ license and proof of liability, auto and workers compensation insurance, naming PGA WEST Residential Association, Inc. as additionally insured and in compliance with our insurance requirements, which are provided in the Architectural Variance Application Package. Homeowners shall provide a signed copy of the Association’s Construction Regulations with the Application Request. Homeowner assumes all responsibility for contractors employed by the homeowner for quality of workmanship, safety and adherence to all Rules and Regulations of the Association. Building materials, equipment, trash, trucks and trash containers, dumpsters or portolets shall not be left in streets or common areas at the end of each day. The jobsite shall be maintained in a clean and orderly manner and dust shall be abated daily. At the completion of the project, all building materials, trash, trash containers, etc. shall be removed from the driveways, streets, patios and common areas and hauled out of the Association and disposed of at proper waste dumps or haul stations. Construction debris is not to be disposed of in the Association’s dumpster.
- COMMENCEMENT AND COMPLETION OF WORK: All work to be commenced within 90 days of receipt of written approval, and progress continuously until completed on a timely basis. Work hours are limited to Monday through Friday, 7:00 am to 5:00 pm; Saturdays 8:00 am to 5:00 pm and no work on Sundays or holidays. The quiet enjoyment rule applies for work being done on Saturdays. The quiet enjoyment rules states, “To ensure quiet enjoyment of the premises, residents or their tenants, family, guests, or vendors may not engage in an activity, which produces noise, vibration, music or any other sounds that emanate throughout any portion of the common area or into another unit.”
- MAINTENANCE OF HOMEOWNER ALTERATIONS: The homeowner is responsible for painting; repair, upkeep and any expense incurred in short and long term maintenance of any approved application. Architectural addition or change becomes the maintenance obligation of the owner/applicant and subsequent unit owners. A new buyer accepts these conditions with or without notice as part of the conditions of their purchase. All changes approved by the Architectural Committee will be recorded in a permanent file maintained at the Association’s office and where applicable, recorded with the County of Riverside.
- CONDITIONS OF APPROVAL AND DISCLAIMER: The homeowner shall as part of the application affirm that they have independently reviewed and confirmed that the proposed plans are correct from a legal, structural, architectural, engineering, and/or landscaping standpoint and will not in any way, other than that which has been disclosed in the application, negatively impact the Association or cause damage or additional maintenance to Association owned and/or maintained property.
E. DESCRIPTION OF TYPES OF CHANGES REQUIRING ARCHITECTURAL COMMITTEE APPROVAL
The following is a description of the types of changes requiring prior approval of the Architectural Committee.
Short Architectural Variance Application
* Require Maintenance & Indemnity Agreement
Garage Doors |
Golf Ball Protection Screens |
Portable Fences |
*Site Walls |
Color of Patio Furniture |
Windows and Doors |
Exterior Window Treatments |
Satellite Dishes/ Antennas |
Barbecues, Smokers, Islands, Wet Bars |
*Hardscape Surface &/or Color Changes |
*Artificial Turf and Putting Greens |
Indoor/Outdoor Carpeting |
Outdoor Lighting Fixtures |
Address Identification |
Cabinets |
Speaker Systems/ Outdoor Video Equipment |
Murals |
Statues/ Sculptures |
Roof Mounted HVAC Units |
Attic Ventilation Equipment |
*Evaporative Coolers |
Fireplaces & Chimneys (*fixed or portable) |
*Fire Pits |
Umbrellas |
Gutters |
Down Spouts |
Planters |
Visually Obtrusive Objects |
Portable Water Features and Fountains |
Landscaping/Irrigation |
Long Architectural Variance Application
* All Require Maintenance & Indemnity Agreement
Custom Homes |
Atrium Enclosures |
Room Additions or Alteration of |
Installations that require |
Casitas |
Golf Cart Garage |
Interior Structural Additions or Changes |
Built In Water Features |
Exterior Tile or Masonry Veneers |
Painting |
Patio Enclosures |
Pools & Spas |
Trellises/ Patio Covers |
Patio Deck Extensions |
Exterior Shutters/ Awnings |
Patio/ Deck Installations |
Solar Energy Systems |
Skylights & Sola Tubes |
Gates |
Misting Systems |
