Design Review Guidelines (Revised May 2021)

Owners Association of Boulders Scottsdale

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TABLE OF CONTENTS Page APPLICABILITY OF DESIGN GUIDELINES AND INVOLVEMENT OF THE DESIGN REVIEW COMMITTEE 1 1.0 OVERVIEW AND PHILOSOPHY OF OABS 1 2.0 REVIEW AND APPROVAL PROCESS 2

2.1 Design Review Committee 2

2.1.1 Organization of the DRC 2 2.1.2 Appointment 2 2.1.3 Resignation 2 2.1.4 Duties 2 2.1.5 Meetings 3 2.1.6 Compensation 3 2.1.7 Amendment of Design Guidelines 3 2.1.8 Non-Liability 3 2.1.9 Non-Liability of DRC and OABS 3 2.1.10 Construction 4 2.1.11 Enforcement 4

2.2 Design Review Process 4

2.3 Phase I: Orientation 5

2.3.1 Owner Orientation 5 2.3.1.1 Neighbor Notification 5 2.3.1.2 General Conditions 6 2.3.2 Design Team Orientation 6

2.4 Phase II: Design Review 7

2.4.1 Conceptual Design/Site Usage Submittal 7 2.4.1.1 Drawing Requirements 8 2.4.2 Schematic Design Submittal 8 2.4.2.1 Drawing Requirements 9 Figure 15 Lot Survey 10 Figure 16 Perspective Sketch 13 2.4.2.2 General Conditions 13 2.4.3 Design Development Submittal 14 2.4.3.1 Drawing Requirements and Material Board 14 2.4.4 Working (Final) Drawings Submittal 18 2.4.4.1 General Requirements 19 2.4.4.2 Landscape Plan 22

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2.4.4.3 Hydrology Report 22 2.4.4.4 Natural Area Easement 23 2.4.4.5 On-Site Material Samples 23

2.5 Phase III: Work-In-Progress Certification and Inspections 23

2.5.1 Building Location, Setback and Envelope Inspection 23 2.5.2 Roof Height Certification 23 2.5.3 Framing Inspection 23 2.5.4 Landscape Inspections 24 2.5.5 DRC Plan Final Conformance Inspection 24

2.6 Non-Waiver 24

2.7 Right of Waiver 25

2.8 Estoppel Certificate 25

3.0 SITE PLANNING CONSIDERATIONS 26 3.1 Desert Washes 26 Figure 1 Wash Development Guidelines 27

3.1.1 Scenic Vista Wash Corridors 27 3.1.2 Major Washes 27 3.1.3 Minor Washes 28

3.2 Natural Area Preservation 28

3.2.1 Protection of Natural Areas During Construction 28

3.3 Native Plant Preservation 29

3.3.1 Native Plant Ordinance 29 3.3.2 Salvage, Revegetation and Landscape Installation 29

3.4 Site Grading and Drainage 30

3.4.1 Building Pads 30 Figure 2 Guidelines for Developing Elevation of Building Pad 30 3.4.2 Roads 31 3.4.3 Access Drives and Driveways 31 3.4.4 Drainage Patterns 31

4.0 LANDSCAPE DESIGN STANDARDS 32

4.1 Site Classifications 32

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4.1.1 Building Envelope 32 4.1.2 Patio Envelopes 33 Figure 4 Site Classifications 33 4.1.3 Maximum Total Developed Area for 33 Custom Residential Lots

4.2 Landscape Zones 34

4.2.1 Natural Area 34 4.2.2 Transitional Area 34 Figure 5 Landscape Zones 35 4.2.3 Private Area 36

4.3 Irrigation 36

4.4 Landscape Palettes 36

4.4.1 Natural/Native Plant Palette 37 4.4.2 Transitional Region Plant Palette 37 4.4.3 Prohibited Plant Materials 37 4.4.4 Maintenance 37 4.4.5 Landscape Requirements for Custom Lots 37

4.5 Signage 39

4.6 Exterior Lighting 39

4.7 Hardscape Elements 41

4.7.1 Wall Treatments 41 Figures 6,7,8 Wall Treatments 42 Figure 9 Patio Walls as Flood Barrier 43 Figure 10 Walls Adjacent to Golf Course 44 4.7.2 Wash Stabilization Treatments 44 Figure 11 Wash Stabilization Techniques 45 4.7.3 Paving Treatments 45

5.0 ARCHITECTURAL DESIGN STANDARDS 45

5.1 Air Conditioning Equipment 46

5.2 Barbecues 46

5.3 Basketball Backboards 46

5.4 Building Heights 46

Figure 12 Building Mass & Heights 47

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5.5 Building Massing 48

5.6 Building Motif 48

5.7 Building Projections 49

5.7.1 Chimneys 49

5.8 Building Sizes 49

5.9 Colors 49

5.9.1 Color Approval Process 50

5.10 Columns 50

5.11 Driveways and Parking 50

5.12 Exterior Art, Sculpture and Special Features 51

5.13 Exterior Surface Materials 51

5.13.1 Reflective Finishes 52

5.14 Fire Pits and Fireplaces 52

5.15 Flagpoles and Flags 52

5.16 Foundations 52

5.17 Garages and Carports 53

Figure 13 Garage Placement 53

5.18 Guest Houses 54

5.19 Lighting 54

5.19.1 Interior Lighting 54 5.19.2 Wall-Mounted Lighting 54

5.20 Mailboxes 54

5.21 Outdoor Furniture 55

5.22 Patios and Courtyards 55

Figure 14 Courtyard Development 55

5.23 Radon Gas Protection 56

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5.24 Refuse Containers 56

5.25 Roofs 56

5.25.1 Flat Roofs 56 5.25.2 Roof Gutters 56 5.25.3 Roof Materials and Colors 56 5.25.4 Skylights 56 5.25.5 Sloped Roofs 56

5.26 Roof Decks 58

5.27 Satellite Dishes 58

5.28 Screen Walls and Retaining Walls 58

5.29 Screens, Sun Shade Devices, Trellises 58

5.30 Second Floor Rooms and Balconies 58

5.31 Signage 59

5.32 Solar Collectors 59

5.33 Swimming Pools and Spas, Equipment and Enclosures 59

5.34 Tennis Courts 59

5.35 Wall Finish Termination 60

Diagram. Wall Finish Terminations 60

5.36 Windows 60

6.0 CONSTRUCTION PERFORMANCE STANDARDS 60

6.1 Construction Regulations 61

6.1.1 Blasting 61 6.1.2 Construction Access 61 6.1.3 Construction Trailers 61 6.1.4 Dust and Noise Control 61 6.1.5 Fencing 61 6.1.6 Insurance and Bonding 61 6.1.7 Native Plant Conservation 62 6.1.8 Occupational Safety and

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Health Act Compliance (OSHA) 62 6.1.9 Operating Hours and Seasons 62 6.1.10 Permits 62 6.1.11 Repairs – Streets and Other Property 62 6.1.12 Sanitary Facilities 62 6.1.13 Temporary Construction Signage 62 6.1.14 Trash, Debris, and Excavation Materials 63 6.1.15 Vehicles and Parking Areas 63 6.1.16 General Practices 63

6.2 Construction Program 64

6.3 Construction Authorization Certificate 64 6.4 Construction Deposit and Trust Account for New Construction 64 7.0 DEFINITIONS 64

7.1 “Architect” 66 7.2 “The Owners Association of Boulders Scottsdale” 66 7.3 “Board” 66 7.4 “Builder” 66 7.5 “Building Envelope” 66 7.6 “CC&Rs” 66 7.7 “City” 66

7.8 “Construction Deposit” 66 7.9 “Design Guidelines” 66 7.10 “Design Review Committee” 66 7.11 “Estate Lots or Parcels” 66 7.12 “Excavation” 67 7.13 “Fill” 67 7.14 “Guest House” 67 7.15 “His or Him” 67 7.16 “Improvement” 67 7.17 “Lot” 67 7.18 “Native Species” 67 7.19 “Natural Area” 67 7.20 “Natural Area Easement” 67 7.21 “Open Space” 67 7.22 “Owner” 67 7.23 “Patio Envelope” 67 7.24 “Parcel” 68 7.25 “Private Area” 68 7.26 “Protected Plants” 68 7.27 “Residence” 68 7.28 “Restored Natural Area” 68 7.29 “Structure” 68

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7.30 “Tennis Court” 68 7.31 “Transitional Area” 68 7.32 “Visible from Neighboring Property” 68

8.0 APPENDICES 69 A-1 Natural Zone and Transitional Zone Plant Palette 70 A-2 Semi-Private Zone Plant Palette 72 A-3 Prohibited Plant Materials 82 A-4 Native Plant Inventory 83 B Maximum Lot Coverage Worksheet 84

C Wash Channelization Techniques 85 D Design Review Application 87

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APPLICABILITY OF DESIGN GUIDELINES AND INVOLVEMENT OF THE DESIGN REVIEW COMMITTEE These revised guidelines are adopted in accordance with the provisions of the Master Dec-laration of Covenants, Conditions and Restrictions (CC&Rs) for the Owners Association of Boulders Scottsdale (OABS). They apply to all Owners who construct, add, refinish, alter or maintain any Improvements on their property, or make any change in the natural or existing surface, drainage, or plant life. Application for original construction and changes to proper-ties must be made to the Design Review Committee (DRC) and approval must be obtained before construction or changes are started.

Examples of changes requiring approval are modifications to the exterior paint color or ar-chitectural features, changes to hardscape such as walls, gates and exterior patios, chang-es to exterior lighting, and changes to grading. Minor revisions to landscaping not related to the above examples do not require approval. The Design Guidelines may be amended from time to time and it is the responsibility of each Owner to obtain a copy of the most recent revision. Contact the on-site management office for more information. Capitalized terms throughout are defined in 7.0 Definitions. 1.0. OVERVIEW AND PHILOSOPHY OF OABS

The OABS welcomes you to the unique Master Planned Boulders Resort Community, encom-passing approximately 1,336 acres, 353 acres in the Town of Carefree and 983 acres in the City of Scottsdale. The OABS has jurisdiction for those properties within the City of Scottsdale. OABS was a pioneering venture when construction began in 1969 and the land was still within the County, separated from Scottsdale by many miles of unplanned desert. Aware of its ex-traordinary setting, the OABS established a precedent of high-quality planning and design de-velopment that responds to the sweeping views, boulder outcrops and native vegetation. The Boulders Community provides a wide range of residential, cultural, recreational and commercial facilities, including the world class Boulders Resort. In the early stages of development, extensive environmental studies were performed to assess slopes, native vegetation, hydrology, visual impacts, geology and soils. These ecological anal-yses provide OABS with insight and respect for its fragile desert setting. It is with this apprecia-tion for the desert that the OABS philosophy of commitment to the peaceful co-existence of man and nature was born. We continue to study the environment and to shape the techniques we use for transforming this delicate land into a unique living environment where wildlife, flora, and fauna can flourish in harmony with man.

Because of the unique constraints faced when developing within the desert environment, and in order to share the expertise gained through previous development efforts, these Design Guide-lines have been prepared to provide direction to Owners in planning, designing, constructing, and improving their Residences. In this way we can ensure compatibility and a quality living en-vironment for existing and future residents. While these Design Guidelines establish standards for architectural style, colors, materials, landscape and planning concepts, they are not intended to discourage individuality and creativity.

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The intent of the Design Guidelines is to encourage a high level of design quality and consisten-cy while enhancing the existing southwest Pueblo Architectural Style of the Boulders Communi-ty. The overriding goal is to have homes that blend into the natural terrain with minimal visual impact, rather than standing out in contrast to it.

The Design Guidelines are organized to walk you through the design process. First, the Guide-lines provide details about the DRC and the design review process. Subsequently, they ad-dress some of the issues one faces when developing in the desert environment. The Guidelines conclude with specific landscape and architectural standards for the community.

2.0. REVIEW AND APPROVAL PROCESS In order to expedite the planning and design process of each Residence and to assist the Owner in recognizing the unique opportunities inherent to each Lot or Parcel, a comprehen-sive design review process has been established. The design review process provides the Owner the opportunity to draw upon the expertise and knowledge, which has been acquired during the planning and development of OABS. The DRC is charged with the responsibility of keeping the vision of OABS intact and to ensure sound design principles are demonstrat-ed in all phases of development.

2.1. DESIGN REVIEW COMMITTEE The DRC has been created to oversee the development of OABS. The DRC, which reviews proposed designs to ensure compliance with these Design Guidelines, will recommend ap-proval of plans, with or without stipulations, or disapprove the plans submitted to them for review and will notify the applicant directly of its decision.

2.1.1. Organization of the DRC: The DRC shall consist of a minimum of three (3) members and a maximum of seven (7). The Chairman and pref-erably at least one other member should be members of the OABS Board. Each member shall hold his office until such time as he has resigned or been removed or his successor has been appointed as set forth herein or in the OABS CC&Rs.

2.1.2. Appointment: Members of the DRC will be appointed in accordance with the Master CC&Rs.

2.1.3. Resignation: Any member of the DRC may resign at any time with written notification in accordance with the Master CC&Rs.

2.1.4. Duties: The DRC will consider and act upon any proposals or matters sub-mitted to it in accordance with the Design Guidelines; perform other duties delegated to it within the structure of the OABS CC&Rs; and amend the De-sign Guidelines when necessary, and in the manner considered appropriate by the DRC, to maintain the philosophy of OABS or to enhance OABS as an outstanding and successful community. With the approval of the Board, the DRC may set a schedule of fees to cover the cost of review and approval of plans, and of the inspection and approval of construction in accordance with those plans. With the approval of the Board, the DRC may set a schedule for Construction Deposits. After a hearing before the DRC, it may assess fines

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for violations of the Design Guidelines, but is limited by the authority granted by the Board. Such fines may be appealed to the Board.

2.1.5. Meetings: The DRC shall meet whenever necessary to properly execute its duties. The vote or written consent of a majority of the members shall consti-tute an act by the DRC unless the unanimous decision by its members is re-quired. The DRC shall keep and maintain a written record of all actions taken by it at its meetings.

2.1.6. Compensation: Members of the DRC will receive no compensation un-less authorized by the OABS Board of Directors. All members shall be enti-tled to reimbursement for reasonable expenses incurred by them in con-nection with the performance of their duties or functions. Professional con-sultants hired by the DRC shall be paid compensation as determined by the DRC.

2.1.7. Amendment of Design Guidelines: With the approval of the Board, the DRC may adopt and repeal by unanimous vote, rules and regulations to be incorporated into the Design Guidelines, which among other things, in-terprets, supplements, or implements the provisions of those guidelines. All rules, regulations or amendments may be adopted, amended or repealed and may be appended as part of the Design Guidelines and shall have the same effect as if they were an original part of the Design Guidelines.

2.1.8. Non-Liability: The DRC and its members are not liable to the Master As-sociation or to any Owner or other person for damage, loss, or prejudice suffered or claimed due to the approval or disapproval or any drawings or specifications whether or not defective; the construction or performance of any work, whether or not it is in accordance with approved drawings and specifications; the development or manner of development of any property within OABS; or the execution and filing of an estoppel certificate [a con-tract clause in which one party asserts that mortgage debt, collateral pledged, and so on, is correct on the date the agreement was made. This prevents the borrower from claiming differently at a later date. Also called an estoppel clause], whether or not the facts contained are correct; provided however, that the member has, with the actual knowledge possessed by him or her, acted in good faith. The DRC may at its discretion meet with the Master Association or any Owner or other person with respect to any drawings, specifications or any other proposal submitted to it.

2.1.9. Non-Liability of DRC and OABS: Neither the DRC nor OABS or their successors or assigns shall be liable for damages to anyone submitting drawings or specifications to them for approval, or to any Owner or other person by reason of mistake in judgment, negligence, or nonfeasance aris-ing out of or in conjunction with the approval or disapproval or failure to ap-prove any drawings or specifications. Each Owner or other person who submits drawings or specifications to the DRC for approval agrees by sub-mission of those drawings that he will not bring any action or suit against the DRC, any of its members or the Owner to recover damages. Approval by the DRC, or any of its members, or the Owner shall not be considered to

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be a representation or warranty that the Owner's drawings or specifications or actual construction of a Residence or other Improvements comply with applicable governmental ordinances or regulations. Compliance with these regulations is the sole responsibility of the Owner or other person perform-ing any construction or submitting drawings or specifications to the DRC.

2.1.10. Construction: The provisions as set forth in the OABS CC&Rs applicable to design are incorporated into this document by reference and have control over provisions contained herein in the event of conflict. Capitalized terms used in this document, but not defined here, have the same meaning as in the OABS CC&Rs.

2.1.11. Enforcement: These Design Guidelines may be enforced by the DRC and the OABS Board of Directors as provided in this document or in the OABS CC&Rs.

2.2. DESIGN REVIEW PROCESS In order to assure every resident of OABS that proper standards of development will be ensured and maintained to everyone's benefit, the practice of design review has been established by the DRC. The review process provides adequate checkpoints dur-ing development progress to minimize time and money expended on designs that do not adhere to the Design Guidelines or maintain the spirit of OABS. Each Owner is re-sponsible for adherence to the Design Guidelines and all other applicable provisions of the CC&Rs, as well as to all rules of any governmental authority. Strict compliance will ensure timely and satisfactory completion of the design review process.

The DRC will conduct reviews of projects during their regular meetings or at other times deemed appropriate. In order to provide neighbors adequate notification time to review submitted plans, all plan submittals must be submitted to the on-site office of the DRC two weeks prior to the scheduled design review meeting. The DRC will re-spond in writing no later than fifteen (15) day after the plans have been reviewed by the DRC. Owners may attend these meetings after a request has been submitted to the DRC. Results of the reviews will not be discussed by Committee Representatives by telephone with either the Owner or his Representative. Any response an Owner may want to make in reference to issues contained in the DRC's notice following re-view of submittals are to be addressed to the DRC in writing.

The DRC is established to complement the City of Scottsdale's review process. Own-ers should receive approval from the DRC prior to submissions with the City of Scotts-dale in order to avoid processing design and site planning solutions that are not com-patible with OABS Design Guidelines.

The design review process comprises three (3) phases: Orientation, Design Review and Work-in-Progress and Final Inspections, and applies to new construction, as well as to additions or Improvements.

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2.3. PHASE l: ORIENTATI0N The DRC recommends that Lot Owners who use professionals not intimately familiar with the requirements of building at OABS request an orientation meeting before and/or after their pro-fessionals have been selected. These sessions can help the design process run smoothly. An integral part of the success of the design process is the active involvement by the Owner. Whether or not orientation meetings are requested, it is the responsibility of the Owner to un-derstand and comply with the provisions of these Design Guidelines as outlined in the follow-ing material, and also to assure that all his consultants understand and comply with all Design Guidelines.

The requirements and material available to be covered in Orientation meetings follows:

2.3.1. Owner Orientation: If a Lot Owner requests an Orientation meeting before selecting his or her professionals, the session provides the Owner with an op-portunity to:

1. Review the entire process of designing and building a home at OABS and to understand his or her role and responsibilities in that process.

2. Review professional consultant requirements.

3. Review any architectural and landscape goals and philosophy specifical-ly written for the Subdivision.

4. Have any questions about the review and approval process answered including mention of the City of Scottsdale's review process and the im-portance of compliance with codes, and regulations, including those ap-plying to Native Plants, Natural Area Open Spaces, and Washes.

5. Take a tour of the site with the DRC representative.

The Orientation session provides the DRC representative an opportunity to meet each Lot Owner and understand each Owner's thoughts and desires about the kind of house he plans to build.

2.3.1.1 Neighbor Notification:

Before Schematic Designs are submitted, and preferably before a Conceptual Site Usage submission, Owners must provide written no-tice about their plans to any neighbors who might be impacted by the project. Letters to neighbors and their responses, if received, must be copied to the Community Association Manager. Comments directed to the Committee from neighbors may include facts that would be appro-priate for the DRC to consider during the approval process. The DRC may also contact neighbors directly during the Conceptual Site Usage, or the Schematic Design, phases when in their opinion the project may impact a neighbor.

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2.3.1.2. General Conditions:

Professional consultant requirements and responsibilities:

1. The Owner must use licensed and bonded professional consult-ants (Architect, Landscape Architect, land surveyor and engi-neer). The DRC encourages the use of local consultants that are familiar with designing and building in the desert environment and the City submittal process for building in hillside areas.

2. It is the Owner's responsibility to make sure that his licensed pro-fessionals process through the DRC any exterior architectural and/or landscape revisions to the Residence or Lot under con-struction.

3. The Owner is responsible for ensuring that licensed and bonded professionals and contractors construct his or her Residence in conformance with approved plans and revisions.

4. The Owner is to provide to the DRC chairman the names, ad-dresses and license numbers of all consultants once they are se-lected.

2.3.2. Design Team Orientation: After the Lot Owner has chosen his or her Architect and Landscape Architect, the DRC recommends a consultants’ Orientation meeting with a DRC representative. The Owner should also attend the meeting if a prior Owner’s Orientation meeting was not held.

An Orientation session provides the professional an opportunity to:

1. Review the entire process of designing and building a home in OABS and to understand his or her role and responsibilities in that process.

2 Review professional consultant requirements.

3. Review architectural and landscape goals, philosophy of OABS and any other materials specifically prepared for the subdivision.

4 Have any questions about the review and approval process answered, including the City of Scottsdale's review process and the importance of compliance with codes, and regulations, including those applying to Na-tive Plants, Natural Area Open Spaces, and Washes.

5. Take a tour of the site with the DRC representative for a first-hand look at the opportunities and constraints specific to the Owner's Lot: access, setbacks, Building Envelope, view corridors, solar orientation, natural vegetation to be protected and any other issues specific to that site.

During an Orientation Session, a number of important DRC requirements and conditions can be reviewed. These include:

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1. Drawing submittals and Design Review Applications (see Appendix D) must be complete and conform to the Design Guidelines require-ments before the DRC formally accepts them for review.

2. A project Architect and Landscape Architect who are actively involved with the design of the Residence must be assigned to be the only rep-resentatives to the DRC during the plan submittal and building pro-cess.

3. Review site maps and supplementary information necessary to start design work. This includes:

a. Tract map showing official survey and legal status of the Lot. b. Set-back map. c. Design Review Application. d. Soils engineering report for the Lot if available. e. Status and plans of adjacent Lots including the most recent

plans for built or proposed Improvements. f. Other applicable materials

2.4. PHASE II. DESIGN REVIEW There are four (4) drawing submittals: Conceptual Design/Site Usage, Schematic Design, Design Development and Working (Final) Drawings. Requirements for each submission are outlined below. As a general requirement, each consultant shall submit drawings in a 24" x 36" sheet format and shall include an information block on all submittal sheets containing:

1. North arrow. 2. Street names and Lot address. 3. Submission date. 4. Date of each revision, change or plan re-issue. 5. Name, address and phone number of the Lot Owner. 6. Name, address and license number of the professional consultants firm, and

name and office telephone number of the project Architect, Landscape Archi-tect, etc.

7. Sheet number and description.

2.4.1 Conceptual Design/Site Usage Submittal: Owners have the option of making an initial Conceptual Site Usage Submittal to the DRC, or to by-pass this step, and make the more complete Schematic Design Submittal described in 2.4.2. The pre-liminary Conceptual Site Usage submittal is encouraged when the project proposes changes to existing building foot prints, Building Envelopes, building heights, or vari-ance from existing standards or regulations. The advantages to an Owner of selecting this route is that professional fees are minimized until it can be established that any desired changes are authorized. The disadvantage of this step is that it requires an-other submittal and approval from the Committee that will somewhat delay projects that are not potentially controversial.

The purpose of this submittal is to describe to the DRC how any existing and proposed Improvements relate to the surrounding properties. The fundamental relationships be-tween the Owner's Residence and the surrounding environment of neighboring

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homes, landscaping, Natural Areas and the golf course will be considered. The DRC may consider comments that the Owner has solicited from neighbors during this phase.

2.4.1.1. Drawing Requirements:

The DRC requires three (3) sets of the following conceptual site usage draw-ings for review:

1. Aerial photograph and other photographs that show existing Improve-ments, large vegetation, and other features on the property and its sur-roundings, including homes, roads, common areas and golf courses.

2. Schematic site, grading and floor plan (1/8-inch or 1/10-inch scale). 3. Schematic elevations (1/8-inch or 1/4-inch scale) and site section (1/4-inch). The requirements for the above drawings are listed below in Section 2.4.2. The DRC, however, will not need all of that information in order to assess many Conceptual Site Plans. Professionals may ask the Committee what in-formation can be eliminated, which will depend upon the nature of the project. At the discretion of the Committee, marked up and updated original construc-tion drawings may be used for minor Improvement project submissions at this phase.

An aerial photograph and other current photographs of existing Improvements to the property and the surroundings can help the Committee evaluate the pro-ject at this phase.

Should an Owner decide to begin the design review process with this phase, a Design Review Application and payment of a fee in an amount specified by the DRC is required. The normal Design Review fee due with the future Schematic Design submittal will be reduced by the amount paid with this Schematic Site Usage submittal.

2.4.2. Schematic Design Submittal: The schematic plans give the DRC a more complete look at the design of the Owner's Residence. At this stage, the Com-mittee will focus on architectural form. Unless previously approved in a Conceptual Site Usage submission, the Committee will also consider the fundamental relation-ships between the Owner's Residence and the surrounding environment of neighbor-ing homes, landscaping, Natural Areas and the golf course. The DRC does not focus on detail at this point, but the choice of basic materials and their relationship to one another. The DRC is looking to see if the Architects are presenting a home with sub-stance that complements the spirit of OABS and conforms to the Design Guidelines.

Plans must be accompanied by a Design Review Application, along with a Design Review Fee in an amount specified by the DRC.

Upon receipt of a Schematic Design submittal, the Committee will notify neighbors to in-form them of the proposed project, tell them that plans are available to review, and ask for comments for the consideration of the Committee.

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The DRC requires three (3) sets of the following schematic design drawings for re-view:

1. Topographical survey of Lot and surroundings (1/8-inch or 1/10-inch = 1'). 2. Schematic site, grading and floor plan (1/8-inch or 1/10-inch scale). 3. Schematic elevations (1/8-inch or 1/4-inch scale) and site section (1/4-

inch). 4. Schematic perspective. 5. Native Plant Inventory and relocation program.

2.4.2.1. Drawing Requirements:

1. Topographical survey of Lot and surroundings (1/8-inch or 1/10-inch = 1') prepared by a registered land surveyor.

This survey provides contour information on the Lot and surrounding areas to the DRC and the Owner's design consultants. It should be used to explain to the DRC how proposed grade transitions will be made between the street and Residence, between the Residence and the golf course or Open Space tract and from the Owner's Lot to adja-cent Lots. It also shows where utilities are located and gives the con-sultants other information that will affect design decisions. Figure 15.

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The plan should show:

a. Existing one-foot (1') contours covering: entire Lot plus twenty-five feet (25') beyond all property lines. If adjacent Lot or Lots are developed and information is provided on such during the Orientation meeting, elevations and locations of existing walls should be shown. Existing contours shall be shown with dashed lines.

b. Property lines, with bearings and distances, easements, build-ing and Improvement set-back lines, building and Patio Enve-lopes.

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c. Utility locations including electric transformer, electric pull box, water meter box or stub out, telephone and television pull box or stub out, gas and sewer laterals serving the Lot.

d. At least two (2) spot elevations evenly spaced along curb as well as Lot corner elevations.

e. Major terrain features such as boulder outcrops and washes. If washes have flows of 50 cfs or greater, indicate the 100-year storm line calculated using the City of Scottsdale's current hy-drology requirements.

f. Location and species of all Protected Plants on the site.

g. Topographical survey must be signed by a registered profes-sional land surveyor or civil engineer. All grades must be mean elevation above sea level.

The plan should also include an aerial photograph and other photo-graphs that show existing Improvements, large vegetation, and other features on the property and its surroundings that supplement the topo-graphical survey.

2. Schematic site, grading and floor plan (1/8-inch or 1/10-inch).

This plan should include all information from the topographical survey along with:

a. Proposed floor plan (designate rooms by name) and outline of the roof overhang. If roofs are sloped, indicate with dotted lines hip, ridge and valley lines. Include all buildings or Structures.

b. Schematic site design concept for Lot, including driveways, walk-ways, patios, pools, spas, and walls.

c. Illustratation of proposed grades with solid lines. Show proposed fin-ished floor elevations for all buildings and Structures and spot eleva-tions on hardscape areas, walls, pool, spas, and planter areas to un-derstand fundamental grade changes and grade transition treat-ments.

d. Native plants that will be undisturbed.

e. Proposed utility service routes.

3. Schematic elevations (1/8-inch or 1/4-inch scale) and site sections (1/4-inch scale).

This drawing should show the following:

a. At least four (4) building elevations identified as north, south, east, west. Elevations must extend twenty-five feet (25') beyond property

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lines. Show existing (dashed) and proposed (solid) grades, and any Improvements that fall within those areas.

b. All exterior materials and colors on elevations.

c. Two (2) 1/4-inch sections extended beyond the property line;

1. Front yard section taken from an exterior house wall to the street which best shows house/site relationship. Please show all existing grades with dashed lines, proposed grades in sol-id lines, and include all Improvements.

2. Rear yard section taken from an exterior house wall extended twenty-five feet (25') into the golf course or common area. Show all existing grades with dashed lines, proposed grades in solid lines, and include all Improvements.

Note: Please indicate all section cut lines on schematic site, grad-ing and floor plan.

4. Schematic perspective or study model.

a. Present a schematic drawing or computer simulation in two-point perspective from a point above the house on the street side or golf course side with an angle of approximately forty-five degrees (450) to the face of the house. Illustrate all visible pro-posed driveways, walkways, patios, pools, walls, planting and grading treatments and how they relate to the adjacent land. Figure 16.

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2.4.2.2. General Conditions:

Each Owner submitting drawings for approval to the DRC is responsi-ble for the accuracy of all information they contain.

All accessory Improvements contemplated for a Parcel must be shown on the Schematic Design Submittal.

To assist the DRC in its evaluation of the Schematic Design Submittal the Owner shall, if requested, provide preliminary staking at the cor-ners of the property or at major Improvements and at such other loca-tions the DRC may request.

The DRC will review the submittal for conformance to the Design Guidelines and make its recommendations to the Owner within ten (10) working days and no later than thirty (30) days from receipt of the completed submittal. After the comment period and any staking of the Parcel, the Schematic Design phase will be considered complete.

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2.4.3. Design Development Submittal: The design development submittal is meant to provide the Owner and DRC with drawings that illustrate and communicate a fully developed design concept that is well integrated with the site and surroundings.

The DRC will review the design development drawings after it has reviewed the schematic design and issued its letter of approval.

After the DRC reviews and approves the design development submittal, the DRC representative will sign and stamp one (1) set of drawings "Approved' and return them to the Lot Owner or his representative with a written notice of the Committee's approval.

The DRC will need three (3) sets of Design Development Drawings, a digital file of the submittal and one (1) materials board for review purposes.

2.4.3.1. Drawing Requirements and Material Board:

1. Site and floor plan (1/8-inch or 1/10-inch scale). This plan should include: a. Building Envelope. b. Building and Improvement setback lines. c. Easements. d. Approved pad elevation including adjacent pad elevations. e Floor plan and roof overhang lines. Show overhangs in dashed lines. f. Finished floor elevations including garage and Guest House if applicable. g. All service and equipment yards including trash areas. h. All hardscape including materials and color designations. (parking,

driveways, patios, etc.). i. All utility service locations and routes for the Lot and residential

meter locations. j. Mailbox location. k. Retaining or free-standing walls and gates. Note their finishes and wall el-

evations. I. Spot elevations that indicate finished grades throughout the Lot.

2. Exterior elevations (1/8-inch or 1/4-inch scale). This drawing should show the following:

a. All four (4) exterior elevations must include twenty-five feet (25') beyond property lines. Show existing and proposed Im-provements in these areas.

b. Proposed exterior materials and finishes on walls and roofs.

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c. Proposed special architectural elements such as skylights, clerestory windows, solar panels, covered patios, etc.

d. Maximum height of finished Structure from approved pad ele-vation.

e. Typical fascia and soffit details, door head and jamb details, window head, jamb and sill details and typical wall details.

f. The outline of all walls with dashed lines as they impact the

house elevation. g. Mailbox design.

3. Architectural Detailing. Provide architectural detailing demonstrating compliance with architectural guidelines. Details should include, but not limited to, parapet details, roofing details, scupper detaisl, soffit detaisl, column details, exposed timber details, window details, head-er detaisl, sill detaisl, railing details, trellis details, foundation details, etc.

4. Minimum two (2) 1/4-inch cross-sections extended twenty-five feet (25') beyond property lines.

a. Indicate existing (solid) and proposed (dashed) grade lines on the site.

b. Indicate location of Building Envelope and setback lines. c. Show one (1) section running from front to rear to accurately

portray the relationships between Structure and the topogra-phy and to illustrate building heights in relationship to existing topography.

d. Show one (1) section running from side to side to accurately portray the relationships between Structure and the topogra-phy and to illustrate building heights in relationship to existing topography. Include all Improvements that occur within the section lines.

The DRC may require additional cross-sections if needed to portray the building heights in relation to existing topography.

5. Roof Plan (1/8-inch scale). Show:

a. Roof Massing Plan should be superimposed over existing to-pography. Roof Massing Plan should include heights of all parapets and ridge lines. (This plan should indicate height of all roofs above natural grade.)

b. Flat and sloped roof areas and how they are drained. c. Trellis areas, skylights, clerestory windows.

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d. Location of all vents, drains, etc. and their height above the roof.

e. Location of exterior walls and columns or posts in relation to

the roof edge. A transparent roof plan overlay to be used along with the site and floor plan is encouraged but not re-quired. Only one (1) copy would be required for review pur-poses.

6. Finish grading and drainage plan (1/8-inch or 1/10-inch scale). Us-ing all information from the design development site and floor plan, also illustrate:

a. All existing contours with dashed lines (one-foot (1') contour intervals), taken from the existing topographic survey on the Lot, adjacent Lots, golf course, common areas and streets within twenty-five feet (25') of all property lines. Illustrate proposed grades in one-foot (1') contour intervals with solid lines.

b. Indicate means of achieving positive drainage from all loca-tions on the Lot to an approved drainage location.

c. Location of all area drains and dry wells. d. Building Envelope line. e. Wash stabilization details if applicable.

7. Preliminary landscape plan (by Landscape Architect at 1/8-inch or 1/10-inch scale). Using all information from the design development site and floor plan and the grading and drainage plan, also illustrate:

a. Building Envelope and all setback lines. b. Existing vegetation and rock features from the Native Plant

Inventory to remain undisturbed on the site. c. Proposed trees, shrubs, groundcovers, berming and boul-

ders. Identify plant materials with common and botanical names, size and character (i.e., multi-trunk). Indicate plant materials that are salvaged versus purchased.

d. Existing plant materials on adjacent developed Lots within twenty-five feet (25') of all property lines. Secure planting plan of approved adjacent Lot landscaping from the DRC and, if necessary, verify information in the field. If golf course is adjacent to a property line, illustrate golf course feature such as cart paths, sand traps, tees, greens, etc. that fall within twenty-five feet (25') of the property line.

e. Method of irrigation and provide emitter schedule, irrigation zones and watering schedule.

f. Location of all site lighting fixtures. If attached to a building or Structure give height of fixture above finished grade. If at-

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tached lighting is an integral part of the architecture, details should be shown on Design Development Exterior Elevation Drawings. The Landscape lighting should indicate position of light, i.e., uplight, downlight, spot, etc., manufacturer’s name, color and wattage.

8. Materials board. Design Development drawings should be accom-panied by a board no larger than 18” x 24" at least I/8” thick show-ing samples of the proposed finishes. Show materials, textures and colors of the building and walls, fascia, hardscape and roof. Actual material samples are preferable. Board must be clearly marked with general information required under Paragraph 2.4. Additionally, all samples must be identified with manufacturer's name, color and/or number.

9. A Study Model of the proposed Improvements, at not less than 1/8” = 1’-0”, showing the relationship of all proposed Improvements. Care must be taken to accurately represent the massing of all struc-tures and roof forms. The model must clearly show all windows, ex-terior doors and skylights. The model must include contours, exist-ing and proposed, of the entire Lot and Lot lines/property lines must be shown on the model, unless otherwise approved by the Commit-tee in advance. The model shall include thw Onwer’s name, Archi-tect’s name, Lot number, subdivision name, street address and scale of the model.

The Design Review Committee encourages the use of a physical model, but will consider substitution of a computerized simulation. A computerized simulation shall be a realistic representation of all building massing, grading, exterior building material, and landscap-ing. The submittal shall include at least six (6) colored printouts, and a CD viewable on laptop computer with no additional special software requirements. It is recommended that the appli-cant/architect provides a sample of another typical computerized simulation for review to determine if the submittal will meet the nec-essary requirements.

10 Construction program to include:

a. Site Plan at a scale of not less than 1" = 20' that illustrates: b. Approved Building Envelope. c. Construction area, including size and location of construction

material storage, parking areas, sanitary facility locations, dumpster locations or trash containment areas, equipment cleaning areas, stockpile locations.

d. Sign locations. e. Construction operating hours. f. Schedule for blasting (if applicable). g. Dust and noise control measures.

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h. Proof of insurance. i. Trash, debris and Excavation materials removal. j. Natural Area protection. k. A timeline indicating dates for start-up, critical path items,

completion of construction, utility hook-up, completion of landscape work, and/or anticipated completion date. Con-struction must start within one year of anticipated final plan ap-proval and must be completed within two years of construction start date.

11. Native Plant Inventory and relocation program indicating salvage status of all Protected Plants. All Protected Plant materials shall be tagged and color-coded with flagging material according to

a. Yellow: Plants proposed for transplanting. b. Blue: Plants that are proposed for destruction. c. Florescent Orange: Plants to remain undisturbed that fall within

twenty feet (20') of proposed Improvements.

12. Hydrology report, prepared by a licensed civil engineer, if requested by the DRC during Schematic Design Review.

13. Any staking of building comers, driveway locations, walls, etc. that may have been requested by the DRC during Schematic Design Review.

Within thirty (30) days after receipt of the complete Design Development Submittal, the DRC will review the submittal for conformance to the Design Guidelines and Addendum's, if applicable, and report its finding to the Owner.

I f the DRC disapproves either a Schematic or Design Development Sub-mittal, the Owner must resubmit drawings following the same procedures as outlined in these Design Guidelines.

2.4.4. Working (Final) Drawings Submittal:

The Lot Owner or professional consultants can submit the Working Draw-ings of the proposed design once the Owner has received the DRC's ap-proval of the Design Development plans.

I f the DRC does not approve the Working Drawings, it will return them with a written request for corrections and resubmission. The Architect and/or Landscape Architect must provide all additional drawings and de-tails that the DRC requires to fully understand the design.

The DRC will act on all Working Drawing submissions within ten (10) days and no later than th i r ty (30) days after receipt of the complete submittal.

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Additional construction, landscaping or other Improvements to a Lot or Parcel or Residence and/or any changes after completion of approved Working Drawings must be submitted to the DRC for approval prior to making such changes and/or additions.

The format for the Working Drawings is left up to the design professional's discretion as long as certain requirements are met. The DRC will require three (3) sets of Working Drawings and associated documentation for its review.

After final approval and before a Construction permit is issued, the Com-mittee will require one (1) half-sized set of the approved final Working Drawings and a CD containing the final Working Drawings, the final Schematic Drawings, and the final Design Development Drawings. If the Working Drawings were approved with stipulations that required changes to the drawings or other documentation, one (1) set of full-sized Working Drawings, reflecting those changes is also required.

2.4.4.1. General Requirements:

1. All specifications must be grouped in a separate specification book in an 8 1/2" x 11" format and should not appear on the Working Drawings.

2. Working Drawings must have complete symbol and abbreviation legends.

3. Working Drawings and specifications are to be in accordance with the Design Development Drawings as approved by the DRC. Drawings should integrate Standard Architectural Notes which can be obtained from the Community Association Manag-er’s office. Construction shall not commence until all of the re-quirements are satisfied.

4. Architectural Plans. Minimum Working Drawing sheet require-ments include:

a. Cover sheet Site or vicinity map.

b. Site plan (1/8-inch or 1/10-inch scale). Adjacent Lot numbers. All proposed and existing architectural and land-

scape Improvements twenty-five feet (25') into ad-jacent Lots.

Easements. Building Envelope. Dimensioned building and Improvement setback

lines from property lines. Roof overhang line and dimension from property lines.

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All service yards, trash areas, pool, air condition-ing, irrigation, pool and other equipment locations.

All walls and gates. Utility service locations from the Lot, and all utility

service entrance locations at the house. Natural Area Open Space calculations. Locate and describe all control and expansion

joints on exterior hardscape. c. Grading and drainage plan (1/8-inch or 1/10-inch scale).

Include all information from the Design Develop-ment Site and Floor Plan.

Indicate all existing grade contours, taken from the existing topographic survey on the Lot, adjacent Lots, golf course, community areas and streets within twenty-five feet (25') with dashed lines at one-foot (1') contour intervals and all proposed grades on Lot with solid lines at one-foot (1') con-tour intervals.

Show locations of all area drains and dry wells. Indicate drainage flows with arrows to property

line. Spot elevations on drain inlets and outlets. Locate and include typical details relating to drain-

age facilities including drainage inlet and outlet Structures, dry wells and area drains and wash stabilization/diversion details.

Indicate means of achieving positive drainage from all locations on the Lot in the event all drain-age Improvements fail.

d. Foundation and details. Indicate all finished floor elevations. Reference

and include all details required for the construction of the foundation system and installations of the concrete.

e. Floor plan and details (1/4-inch scale). f. Exterior elevations (1/8-inch scale or 1/4-inch scale) illus-

trating: All exterior materials and finishes. Main entry door, garage overhead door, garden

gates, columns, ornamental iron work, exterior trim and special architectural features such as skylights and solar panels.

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Items that will be evident on the exterior of the fin-ished building including louvers, vents, roof drain and gutter outlets, access openings, file boxes, electrical fixtures, expansion joints, flashing, tile or masonry feature strips, etc.

Roof pitch and maximum height of the finished Structure.

g. Cross sections (minimum 1/4-inch scale). h. Framing plan and details.

Overhangs and exterior trim including fascia, sof-fits, frieze boards, columns, trellis and plant-ons.

i. Roof plan (1/8-inch scale). Roof penetrations including plumbing, and HVAC

vents, fireplace and miscellaneous equipment flues, skylights, roof access doors.

Roof-mounted equipment and accessories as permitted including solar panels and HVAC fans.

Gutters, roof drains, scuppers, flashings and relat-ed sheet metal.

Roof slopes and water flow to drains or gutters or both with directional arrows.

Roofing materials including manufacturers' names and methods of installation.

Roofing plan details including but not limited to roofing installation sections, equipment or acces-sories mounted on the roof, metal flashing and counter flashing.

j. Electrical. Show all exterior and interior lighting and provide

fixture schedule. k. Plumbing. I. Reflected ceiling plan.

Complete ceiling systems for exterior overhangs. m. Glazing, door and finish schedules.

Provide all details necessary for the DRC's under-standing of the design and all other details neces-sary to describe the design and construction ele-ments to the Owner, Builder, Contractors, Subcon-tractors, Tradespeople and City officials.

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2.4.4.2. Landscape Plan:

Indicate all information from the Design Development Site and Floor Plan, and Grading and Drainage Plan. Incorporate in the plans Standard Landscape Notes (See 4.4.5. of these Guidelines).

a. Landscape/Revegetation Plan Show proposed trees (note multi- or standard trunk),

shrubs, espaliers and ground covers, noting size, loca-tion, quantity and species in common and botanical name.

Provide plant legend and key material to legend. Show all details and specifications for landscape installed

including header boards, strips, staking details, etc. Provide sections and details through all garden and re-

taining walls (unless already shown on the Architectural Site Plan).

Show and describe all hardscape including material, color and finish (unless already shown on the Architectural Site Plan).

b. Irrigation Plan

Show location of all irrigation equipment including clocks, valves, shutoffs, backflow preventers and me-ters. Indicate planned irrigation zones.

Note all irrigation standards on plan.

c. Pool, Spa, Fountain Plans and Details

Provide plans, sections and details for pools, spas, foun-tains and all other water treatments to be located on the Lot. At least two (2) cross-sections of swimming pools/spas/fountains and adjacent hardscape showing their relationship to the golf course and/or adjacent prop-erty where applicable.

d. Landscape Lighting Indicate location of any site lighting fixtures. If attached to

a building or Structure, give height of fixture above finished grade. If attached lighting is an integral part of the architec-ture, details should be shown on Working Drawing Devel-opment Exterior Elevation Drawings. The landscape light-ing should indicate position of light, i.e., uplight, downlight, spot, etc., manufacturer’s name, color and wattage.

2.4.4.3 Hydrology Report: Provide a report prepared by a licensed civil engineer, if requested by the DRC, during Schematic Design Review.

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2.4.4.4 Natural Area Easement: A fully executed and notarized original copy of the Natural Area Easement, including a legal description of the Natural Area, which will be delivered to the City of Scottsdale for re-cording upon final approval by the DRC. Indicate percentage of Natu-ral Area required for the Parcel (figured on the gross area) and the per-cent of Natural Area provided.

2.4.4.5: On-Site Material Samples: Unless the materials are the same as those already used on an existing home on the site, the Owner/Contractor shall provide on-site samples of all exterior building materials for the Committee to review. Materials to include: (a) 4’ x 4’ sample wall of stucco texture and color; (b) 4’ x 4’ sample of stonewall, if any; (c) roofing materials; (d) wood stain; (e) driveway material.

2.5. PHASE Ill: WORK-IN-PROGRESS CERTIFICATIONS AND INSPECTIONS

After the construction of the Lot Owner's Residence begins, the following certifications and formal inspections by the DRC are required. It is the general contractor's responsibility to call for the inspections at the proper time and coordinate with the DRC. These inspec-tions require one-week advance notice and shall be at a time established by the DRC. Dur-ing the duration of the construction phase, any number of informal inspections of the house and its surrounding Improvements may be made by the DRC.

2.5.1. Building Location, Setback and Envelope Certification: When the slab formwork is in place but before the house slab is poured, the general contractor must provide a certification by a licensed civil engineer to confirm the location of the Structure is according to plan and within the Building Envelope and setback area. Distances between overhangs or trel-lises and property lines should also be confirmed as being according to plan.

2.5.2. Roof-Height Certification: At completion of framing for new construc-tion, the Owner shall provide the DRC with a Roof Certification prepared by a licensed surveyor. The certification shall illustrate all parapet, roof and chimney heights. If the survey does not conform to the approved massing plan, all work will be terminated until corrections have been made and veri-fied.

Unless waived by the Committee in writing, a Roof Certification is also re-quired for second-story additions and any room addition for which the roof is planned to be higher than the existing Structure.

2.5.3 Framing Inspection: At the completion of framing for new construction and significant remodels, the contractor shall request a framing inspection by the DRC with the Owner or the Contractor on site. The On-Site Material Board, the Roof-Height Certification, and the Building Location, Envelope and Set-Back Certification must be available for this inspection.

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If the project is new construction or a rebuild, this inspection is the first on site formal review required by law. The DRC shall issue within 5 days of this formal review a written report of any deficiencies, violations, or unap-proved variations from the approved plans

2.5.4. Landscape Inspection: Once the Owner has notified the DRC the landscape is complete, a final landscape inspection will be conducted. The inspection will include preservation and relocation of Native Plants; grading and drainage; irrigation system; plant size, species and densities; and landscape lighting.

2.5.5. DRC Final Plan Conformance Inspection: After completion of the landscape inspection, another inspection will be made to determine if the house and/or surrounding Improvements have been built according to the approved plans and revisions. This inspection will be made prior to the call for occupancy permit inspection. This inspection requires one-week ad-vance notice. If there are no deficiencies; violations, except for past due amounts; or unapproved variations from approved plans, the Construction Deposit will be returned, less any past due amounts owed.

If the project is new construction or a rebuild, this inspection is the second on site formal review required by law. The DRC shall issue within 5 days of this formal review a written report of any 1) deficiencies, 2) violations, including past due amounts; or 3) unapproved variations from the approved plans, the Construction Deposit will be returned, less any any past due amounts owed.

If it is found that the work was not done in strict compliance with the ap-proved Working Drawings, the Owner will be notified by the DRC in writing within thirty (30) days of receipt of the notice of completion specifying those areas of non-compliance. The Owner will be required to correct the dis-crepancies.

If the Owner fails to implement the corrections required within thirty (30) days of receipt of notification by the DRC, the Committee shall notify the Owner and may take action to remove the non-complying Improvements at the Owner's expense as provided in these Design Guidelines or the CC&Rs, including without limitation, injunctive relief or the imposition of a fine.

If after receipt of written notice of completion from the Owner, the DRC fails to notify the Owner of any non-compliance within the stated period after the DRC's inspection, the Improvement shall be considered to be in accord-ance with the approved Working Drawing.

2.6. NON-WAIVER The approval by the DRC of any drawings or specifications for any work done, proposed, or in connection with any other matter shall not constitute a waiver of any right to withhold approval of any similar drawing, specification, or matter whenever subsequently or additionally submitted for approval.

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2.7. RIGHT OF WAIVER The DRC reserves the right to waive or vary any of the procedures or standards set forth herein at its discretion upon presentation of substantive arguments that give merit for the change.

2.8. ESTOPPEL CERTIFICATE Within thirty (30) days after written demand is delivered to the DRC by an Owner, and upon payment to the DRC of a reasonable fee, the Committee shall record an Estoppel Certificate executed by any two (2) of its members, certifying with respect to any Parcel of the Owner, that as of the date of filing all Improvements and other work made or done on the Parcel by the Owner comply with the Design Guidelines or the Improvements and/or work does not comply, in which event the certificate shall also identify the non-complying Improvements and/or work and indicate the cause or causes for such non-compliance. Any purchaser for the Owner or mortgagee or other encumbrancer shall be entitled to rely on the Estoppel Certificate with respect to the matters it addresses, with those matters being conclusive as between OABS, the DRC and the Owner.

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3.0. SITE PLANNING CONSIDERATIONS The Sonoran Desert is a distinctive and unrivaled landscape. Our first glimpse of the desert may induce images of a barren, lifeless landscape, but once we look beyond the surface, we expose its complexity and innate beauty. The desert allures us to observe, it fascinates us with its pow-er and amazes us with its remarkable ability to flourish despite adversity. Seasonal washes that occasionally spring to life, timeworn rock outcroppings, plant materials that survive with scarce rainfall, a fascinating array of wildlife, the brilliant nighttime sky and panoramic views are but a few of the sensational experiences common to the desert lifestyle. Extensive efforts to preserve the desert's unique character have been initiated by government agencies and are reinforced by the OABS Design Guidelines. The City of Scottsdale has estab-lished special ordinances for native plants and environmentally sensitive lands. Every effort has been made to have these Design Guidelines be consistent with municipal regulations. Each Owner is responsible for reviewing applicable City regulations and making sure to comply therewith.

Because the desert landscape is fragile, it takes years to naturally mitigate impacts to the site and vegetation. These Design Guidelines are intended to enforce minimal disruptions to the de-sert environment. Sensitive site planning should embrace the natural constraints of a site as op-portunities for design. When dealing with issues such as siting, grading and Excavation, one must consider the many facets of the natural landscape and some of the techniques implement-ed to protect Natural Areas within the desert landscape. The following section presents im-portant issues to be examined prior to design and construction such as desert washes and drainage patterns, preservation of Natural Areas, native plant protection, and site grading is-sues.

3.1. DESERT WASHES Washes are a frequent occurrence in the desert landscape, some carry small amounts of local run-off while others carry flows from off-site water sheds. Washes are classified by their capaci-ty to handle flows during a 100-year storm. Capacity is identified as cubic feet per second or cfs.

Special setback and development requirements are in force for Lots or Parcels that adjoin Sce-nic Vista Wash Corridors and Major Washes. This information will be addressed during the ori-entation meeting. Improvements should be designed to avoid these drainage ways or construct-ed to bridge washes without obstructing 100-year storm flows. In these cases, designs must be accompanied by a backwater flood analysis prepared by a licensed civil engineer to ensure the safety and feasibility of the design.

There are three (3) classifications of washes within OABS. Figure 1.

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3.1.1. Scenic Vista Wash Corridors: As designated by the City of Scottsdale,

these washes are large and usually picturesque with significant flows of 750 cfs or greater. These washes must be preserved in their natural state. Drainage easements encompassing the Scenic Vista Wash Corridors have been estab-lished and must be recorded as such where they occur within the Owner's Lot or Parcel.

3.1.2. Major Washes: These washes have 100-year storm flows of 50 cfs or great-er, and should remain in their natural state by incorporating these drainage ways into a site's Open Space. If construction is impeded and measures must be taken to redirect the water, channelize or stabilize the wash corridor, any and all such Improvements shall be approved by the DRC. Improvements may be

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sited at the edge or may bridge these easements. Access Improvements utiliz-ing bridges, culverts or dip sections shall provide for the flow of 100-year storms and include means for sedimentary and debris removal. Drainage easements will be required to protect these natural corridors.

3.1.3. Minor Washes: Minor washes are those classified under fifty (50) cfs. Alt-hough Improvements within these washes are not restricted, they should avoid these drainage ways whenever possible. If Improvements are made that require wash flows to be redirected, the flow of water should exit the property at the same location it did prior to development.

3.2. NATURAL AREA PRESERVATION The fragile habitat of the Sonoran desert requires special development considerations. Too of-ten the concern in developing an area is to do it as cost effectively as possible at the expense of damaging the natural environment. These Design Guidelines will ensure that future develop-ment in OABS harmonizes and blends with, rather than dominates, the natural environment. A minimum of twenty-five (25%) percent of the gross acreage for each Lot or Parcel shall be re-tained as Natural Area. Custom Lots are required to maintain an even greater percentage of undeveloped area as specified in section 4.2.1. Natural Area Easements must be recorded and filed with the City of Scottsdale to ensure protection of these areas. Natural Area Easements ensure the City of Scottsdale that the Owner agrees to maintain the designated area in its natu-ral state and as such, contributes to an Open Space system throughout the OABS. Land within the easement is available for the enjoyment of the Owner; however, Improvements or additional landscaping are not permitted. Some exceptions apply for revegetating Natural Areas but re-quire previous approval by the DRC and the City of Scottsdale.

To realistically maintain natural desert areas, the land must not be significantly altered to ac-commodate Improvements. Roadways must, to the extent practical, follow the natural terrain. Washes and drainage ways must be left free and unimpeded in their natural state wherever possible. Every effort must be made to incorporate natural topographic features such as slopes, ridges, knolls and rock formations in the design of all Improvements. Density of development will be restricted in an effort to preserve substantial Open Spaces and view corridors.

The siting of a Residence should take advantage of natural features, mature stands of vegeta-tion and views. Existing scars within the desert shall be utilized for construction areas and roads where possible. The Native Plant Salvage Inventory should be used as a tool in the site planning process. Washes, rock outcroppings and native stands of vegetation should guide placement of site Improvements. Avoidance of rock outcroppings and protection of mature stands of vegetation represents a savings of time and money during the construction process while simultaneously fulfilling the goal of making all Improvements appear as though they grow from their natural settings.

3.2.1. Protection of Natural Areas During Construction: To protect the Natural Area of a Lot from damage due to construction operations, a chain link fence at least five-feet (5') high shall be installed to completely enclose the Building Envelope. The fence shall follow the alignment of the Natural Area Easement line, shall have a single entrance located at the driveway entrance, and shall be maintained intact until the completion of construction. Construction limits are encouraged to be no larger than necessary to carry out construction and storage activities. All parties involved in the Improvement of a Lot or Parcel

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shall be made aware of these construction limits and their significance. It shall be the Owner's responsibility to maintain these construction limits throughout the construction process. In the event of a violation of the above, the DRC or the OABS Board of Directors may cause such Lot to be restored to its state ex-isting immediately prior to such violation. If the violation involves damage to or removal or destruction of Protected Plants, the DRC may cause such plant ma-terials to be replaced with either a similar plant in type and size or with such other plant as the DRC deems appropriate. The Owner of such Lot shall reim-burse the DRC or the OABS Board of Directors for all expenses incurred by their performing their obligations under this paragraph; provided, however, that with respect to the replacement of any plant the Owner shall not be obligated to pay an amount in excess of the expenses which would have been incurred by the DRC or the Association had it elected to replace the damaged, destroyed, or removed Protected Plant with a plant similar in type and size. In addition, there are fines which might be imposed under the Native Plant Ordinance of the City of Scottsdale. A convenient way to access applicable codes, procedures, and other information about Natural Areas is at the City of Scottsdale web site, www.scottsdaleaz.gov/codes/nativeplant.

3.3. NATIVE PLANT PRESERVATION

3.3.1. Native Plant Ordinance: Both the City of Scottsdale and the State of Ari-zona have native plant preservation ordinances. These ordinances require cer-tain species of plants to be inventoried and transplanted prior to construction. the OABS endorses these ordinances. Existing plant materials are an invalua-ble source for restoring disturbed desert areas. Owners may familiarize them-selves with these policies and their responsibilities at the scotts-daleaz.gov/codes/nativeplant web site

3.3.2. Salvage, Revegetation, and Landscape Installation: A Native Plant Salvage Inventory and Relocation Program is included as a part of the design review process. We strongly recommend that a Landscape Architect or qualified contractor be consulted early in the design process as each site must be evalu-ated independently. The transplanting operation can be a timely process and should be given consideration early in the planning process to allow adequate time to relocate these Protected Plant materials before any other site work be-gins.

The OABS suggests that Owners make every effort to relocate shrubs and cacti that may not appear on the City of Scottsdale's required list. This in-cludes certain shrubs, small trees and cacti. In some cases, these plant ma-terials are difficult or costly to purchase. If an Owner chooses not to salvage their non-protected plant materials, the OABS reserves the right to transplant these plant materials for their own use. Notice of this decision by the Owner shall be given to the DRC upon approval of the Working Drawings to allow sufficient time for removal of the salvageable vegetation, before any other clearing or salvage work is scheduled to begin.

Revegetation and landscape installation shall begin immediately upon completion of construction and no later than thirty (30) days after completion of construction. Emphasis is placed on returning the site to its pre-construction condition, requiring

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a combination of seed mixtures and purchased or transplanted plant materials. Densities and species should reflect those found in the surrounding landscape. Arti-ficial over-planting, creating the look of a botanical garden instead of natural growth, must be avoided. Revegetation plans are to be submitted as a part of the Landscape plans for each Lot or Parcel.

3.4. SITE GRADING AND DRAINAGE To minimize the impact of grading and preserve the character of the natural environment, careful consideration must be given to existing site features and surrounding terrain. Build-ing pads and roads should closely follow natural contours. Cut and Fills shall not exceed four-feet (4'). Variations in these grading restrictions are subject to approval by the DRC and will only be accepted if natural conditions justify the need. All cut and Fill treatments must be approved by the DRC and shall incorporate architectural and/or landscape design solutions appropriate for arid environments.

3.4.1. Building Pads: The height of building pads should be based on the existing topography and should allow a minimum of one-foot (1') of elevation above the 100-year storm line. Because cut and Fills are restricted to a maximum of four-feet (4') and because building height allowances are based on exist-ing topography, the elevation of the pad is critical. Owners are encouraged to step the pad elevations to follow the contours across the site. The DRC will carefully review finished grade elevations. Figure 2.

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3.4.2. Roads: Road alignments shall follow the natural terrain, meandering around major rock outcrops and significant stands of vegetation. Occasionally medians can be used as an effective tool for circumventing natural features. Grading shall be limited to roadways and the immediate area around culverts. The DRC shall approve road profiles.

3.4.3. Access Drives and Driveways: Shall be limited to one (1) point of ac-cess per Lot or Parcel and where feasible, shared driveways will be encour-aged. In any event, driveways must be sited to minimize grading and disturb-ance to native vegetation, washes and rock outcrops. Maximum width for single drives is twelve feet (12') and common drives is twenty feet (20').

3.4.4. Drainage Patterns: Surface drainage shall neither drain to adjoining Par-cels or Open Spaces, except as established by natural drainage patterns, nor cause a condition that could lead to off-site soil erosion on Open Spaces. Any Improvements that intercept or impede ANY natural drainage course must be identified on design documents. Solutions for redirecting the flow, stabilizing banks, etc. must be provided. As discussed in Section 3.1, the Owner may be required to provide engineering approval.

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4.0. LANDSCAPE DESIGN STANDARDS To ensure the preservation of the natural desert for the enjoyment of all residents of the OABS and to meet the City of Scottsdale regulations regarding Natural Area preservation, the concept of a maximum allowable building area, called the "Building Envelope," has been utilized.

4.1. SITE CLASSIFICATIONS

4.1.1. Building Envelope: The Building Envelope is the legal unit established for each Lot and/or Parcel and designates the area within which ALL Improvements must be made and any alterations to the existing landscape must occur. A Building Envelope has been identified for each Lot and/or Parcel by the Owner and Owner's Consultant based upon the natural features, views, topography and relationships to adjacent de-velopment. The Building Envelope must be identified on all Design Review Submit-tals. Slight modifications to the Building Envelope may be made upon application of an Owner as a part of the design review process.

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4.1.2. Patio Envelopes: Patio Envelopes have been defined in addition to Build-ing Envelopes and are shown in areas where development of patio type ele-ments is acceptable but building or accessory buildings would not be allowed. Acceptable patio elements include the following landscape elements: walls, pools, patios, barbecues, spas, fire pits or fireplaces and decking. The Building and Patio Envelopes are composed of Transitional and Private Areas, each of which have their own landscape and irrigation requirements as described be-low. Figure 4.

4.1.3. Maximum Total Developed Area for Custom Residential Lots: All City of Scottsdale Type A Lots in Palo Brea I and II, The Reserve, Boulders Estates, The Crossing, Adobes de la Tierra, El Deseo, Acacia and Altura are custom Lots subject to the Lot coverage worksheet as outlined in this Section.

This guideline considers the original Building Envelope, but provides a reason-able, set amount of flexibility, so the aggregate Open Space at buildout can be predicted and ensured.

Total Developed Area shall not exceed 40% of the gross Lot area. Lot cov-erage, which includes all areas under roof, shall not exceed 22% of the gross Lot area. Development outside of the original envelope shall not ad-versely impact a view corridor in excess of the impact of development inside the original envelope.

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The Total Developed Area shall include: all areas inside house walls, low walls, patio walls, retaining walls, auto courts, guest parking, a 5’ buffer around all de-veloped areas, and a 16’ wide driveway (12’ hardscape and 2’ on each side) and any other graded areas that are not restored to natural grade and revege-tated as outlined in these Guidelines. Any existing vegetation located in the envelope expansion area will be relocated or replaced with like kind and size of vegetation. Any areas disturbed outside of the developed area shall not exceed 10% of the gross site area, and must be restored to the criteria for Native Plant revegetation as outlined elsewhere in these guidelines.

Prior to any Lot Owner submitting Conceptual Site Usage or Schematic Plans for approval that expand the original Building Envelope, a Lot Coverage Work-sheet, Appendix B, should be completed and submitted to the DRC to assure that the maximum Total Developed Area of 40% is not being violated.

4.2. LANDSCAPE ZONES

4.2.1. Natural Area: That portion of a Lot or Parcel which lies outside of the Building Envelope and must remain as natural desert in accordance with the City of Scotts-dale's regulations. After the DRC approves the Design Development Submittal, the Owner will be required to execute and record a Natural Area Easement with the City of Scottsdale. The Natural Area Easement shall include a satisfactory legal descrip-tion of the Natural Area which may require the preparation of a survey of the Lot or Parcel, at the Owner's expense, and which can be amended after recording, only with the approval of the DRC and the City of Scottsdale. All Natural Areas must be adequately protected to avoid damage during construction (See Section 3.2.1)

Landscaping within Natural Area Easements is restricted. Cleaning of debris and lim-ited trimming are allowed and in certain cases supplemental landscaping is permit-ted, but only where existing vegetation has been destroyed previously. This repair is the responsibility of the property Owner and approval from the DRC must be granted prior to performing any work in the Natural Area. Plans for improving Natu-ral Areas must be submitted as a part of the landscape plan requirements. Figure 5.

4.2.2. Transitional Area: That part of the Building Envelope which lies between the Natural Area and the wall of a Residence or Improvement and is visible from adja-cent properties, streets, or public spaces. Upon completion of construction, this ar-ea must be restored using plant materials and densities common to the site. The Natural Area and the Transitional Area Plant Palette (see Appendix A1) is suitable for Transitional Areas, as well as a few other plants if approved in advance by the DRC. However, when using plants from the Transitional Area Plant Palette, care should be taken to avoid considerable contrast with the Natural Area. The Transi-tional Area is designed to transition between the native plant materials of the Natu-ral Area and the approved non-native plant materials permitted within the Private Area.

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Semi Private Zone: Areas that are generally contained behind low walls and/or within 15 feet of architectural edges, generally located near guest parking and entry walkways and driveways may be landscaped with plants from Appendix A-1 or the Semi Private Zone Palette, A-2. See figure 5. Other plant materials, provided they do not appear in the Prohibited Plant Materials in Appendix A-3, are allowed if first approved in writing by the DRC.

4.2.4.

4.2.1)

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4.2.3. Private Area: That part of the Building or Patio Envelope, which is not visi-ble from the adjacent properties, streets, public spaces, or Common Areas be-cause it is hidden behind walls or Structures. Although the OABS encourages the use of arid or xeriscape landscapes, Private Areas are the least restrictive in terms of what plants, shrubs, and trees can be planted therein. Approved plant materials include those listed in Appendices A-1 and A2. Other plant materials, provided they do not appear in the Prohibited Plant Materials in Appendix A-3, are allowed if first approved in writing by the DRC. The Private Area includes, for example, a courtyard or atrium, or the area behind a wall where non-native plants might be appropriate.

4.3. IRRIGATION Underground drip irrigation systems are recommended for all landscape zones, including Restored, Private and Transitional. Drip systems require minimal pressure and because they water the plant at the root zone; drip systems can be run at night, thereby decreasing water loss from evaporation. Spray irrigation shall be avoided because of its inefficiency and the effect it has on the micro-climate. It is highly recommended that drip systems be zoned so that at a minimum Native Plants in Natural Areas be on one zone, trees on another zone and non-native plants within walls that require more water be on their own zone.

Irrigation of the Natural Area is not permitted (unless needed to establish restored areas as ap-proved by the DRC). Native vegetation does not require additional water and irrigating these areas can lead to disease and death of the native plants, particularly cactus, and aid in the spread of un-desirable plant species or weeds.

A temporary drip system may be installed to maintain Transitional and Restored Natural Areas. Ma-ture trees that have been transplanted require irrigation for three (3) to five (5) years or until estab-lished. The irrigation-watering schedule must be decreased over a two (2)- to three (3)-year period to condition the plant to nature’s irregular watering schedule. Other small plant materials may be ir-rigated for a year or until established. It is critical that these systems be monitored to avoid over watering the native landscape. A qualified Landscape Architect or horticulturist should as-sist with seasonal requirements for the plant materials and provide an irrigation schedule.

Irrigation plans are to be included in the landscape plan submitted to the DRC. If irrigation systems are not proposed, a maintenance plan for establishing the plant materials and a re-placement policy shall be submitted. The replacement policy will ensure that the Owner will be responsible for restoring the disturbed areas. If plant materials fail from lack of irrigation, maintenance, etc., they will be replaced at the expense of the Owner.

4.4. LANDSCAPE PALETTES The native landscape within the OABS contains lush desert vegetation including Palo Verde trees, both Blue arid Foothills variety; Acacia; Canotia; Mesquite and Ironwood. Various cac-ti native to the Sonoran Desert are also plentiful, providing a magnificent plant palette with which to work. Because of the diversity in the Natural/Native Plant Palette and its adaptabil-ity to extreme environmental conditions, OABS has chosen to retain and utilize the native plant materials in all development projects. We have compiled two (2) landscape palettes designed to meet the landscaping needs for any Improvement; a Natural and Transitional Plant Palette and the Semi-Private Zone Plant Palette for accent areas (see Appendices A-1 and A-2). A list of Prohibited Plant Materials is also included (see Appendix A-3).

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If and when a sub-association has more restrictive design guidelines requirements, those guidelines shall take precedence over these Design Guidelines. Landscape plans for all ar-eas, including Natural, Transitional and Private areas, must be submitted to the DRC for re-view and approval only if landscaping part of new construction or related to changes in the building envelope. A complete plant list shall accompany all plans indicating plant species, quantities and sizes.

4.4.1. Natural and Transitional Zone Plant Palette: Contains plant materials common to OABS and includes a seed mix to aid in re-establishing smaller grasses, shrubs, and wildflowers. Although this palette is recom-mended for all areas, its use is only required within Restored Natural Areas. And Transitional Areas. Typical situations where this palette would apply are right-of-ways, streetscapes, construction scars, drainage tracts, Restored Natural Areas and Transitional Areas. Restoring Natural Areas requires at-tentiveness to the surrounding Natural Areas exercising care to replicate natural densities arid species relationships.

4.4.2. Semi-Private Zone Plant Palette: Is a broader palette available for use in key accent areas within OABS, such as project entrances, behind low walls, and within 15 feet of architectural edges such as pathways. The Semi- Private Zone Plant Palette includes introduced species and other and region plants that perform well in our climate and provide supplemental color to the Natural and Transitional Zone Plant Palettes. Because it is difficult to name every acceptable plant material available, the DRC will accept requests for plant materials not listed on this palette, provided it is not on the list of Pro-hibited Plant Materials and is a drought tolerant, arid region plant. The DRC reserves the right to refuse any plant material it feels will not be beneficial to the environment of the OABS.

4.4.3. Prohibited Plant Materials: A list of Prohibited Plant Materials is provided in Appendix A-3. These plant materials are not permitted under any circumstance. These materials are potentially destructive to the Native Spe-cies because of their weed like growth, pollen, and excessive heights and water use.

4.4.4. Maintenance: Maintenance of landscaped areas is the responsibility of the Owner and should be performed in a manner consistent with the quality of the OABS. If an Owner fails to properly maintain a landscape on a Lot or Parcel and does not respond to a request by the DRC Chairman to correct the problem, OABS will take corrective measures at the expense of the Owner.

4.4.5. Landscape Requirements for Custom Lots: The following require-ments are in addition to other Design Guideline provisions and should be in-cluded as notes or otherwise referenced on the detail and elevation sheet of all Landscape Submittals for Custom Lots.

1. All disturbed areas will be revegetated at a density of thirty (30) plants per thousand (1,000) square feet. The plants used for revegetation should match the species of those existing naturally within the closest adjacent undisturbed area.

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2. All introduced plants must be irrigated with an automatic drip irrigation

system that is completely buried and connected to an electrical controller. 3. All wall-mounted equipment shall be painted to match the wall the equip-

ment is mounted on. 4. All drip emitters will be trimmed and adjusted to the level of finished

grade. 5. All finished grades will be adjusted to one (1) inch below the top of side-

walks and driveways. 6. All drainage patterns established and approved on the grading plan will

be maintained throughout the landscaping process. 7. All disturbed areas outside of walls should be top-dressed to emulate the

natural desert floor. No imported decomposed granite shall be used in the natural or transitional zones. Granite shall be confined to the semi-private and private areas.

8. There shall be one (1) tree per 20 square feet that is a minimum of 15

gallon and 4” in caliber that is mearsured 12” above grade. The maxi-mum mature tree height shall not exceed 20’.

9. All trees requiring support shall be staked properly, utilizing double stake

assemblies or guy assemblies. 10. All salvaged trees that do not survive the construction period must be re-

placed with like types and sizes. 11. In an effort to minimize the visual impact of the Residence and other im-

provements, a minimum of five (5) mature trees will be required to be lo-cated within the Building Envelope. These mature trees shall be of a species native to the site and shall be a minimum of twelve feet (12’-0”) in height with a minimum canopy of twelve feet (12’-0”) in diameter at the time of initial installation. Trees shall be located in a natural pattern, which will be subject to approval by the Committee.

12. All riprap stone shall be natural in color. Provide type and/or sample for prior approval. Riprap shall be used to mitigate erosion at all drains, scuppers and erosion prone areas. All riprap must be integrated into the adjoining grades.

13. Any noxious weeds or parasitic plants shall be removed from the prop-erty.

14. All disturbed areas as a result of construction shall be restored, re-vegetated and re-seeded to match the undisturbed desert.

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4.5. SIGNAGE Every Owner shall provide an address sign for each residential unit, which must conform to the approved design for that particular subdivision or phase of development.

No additional signage, detached or attached to the Residence, will be permitted except tempo-rary construction signs (See 6.1.13.), real estate signs and political signs (See 5.31.), or others as permitted by the CC&Rs and approved by the DRC, or as required by law.

4.6. EXTERIOR LIGHTING The Boulders’ philosophy of the predominance of undisturbed desert extends to nighttime as well as daytime views. In order to preserve the dramatic views of the night sky and city lights, which tend to be obscured by excessive local lighting, the Committee has established the following guidelines for residential site lighting. Additional lighting regulations that may be imposed by the City of Scottsdale shall also apply.

Site lighting is defined as lighting mounted on the ground, in trees or on site walls for the pur-pose of providing security or decorative accent lighting. Building-mounted lighting is defined as lighting built into or attached onto buildings, walls, ceil-ings, eaves, soffits, or fascias for the purpose of providing general illumination, area illumination or security illumination. Where exterior lighting is desired, the Owner shall submit lighting plans to the DRC for approval. Lighting plans shall include lighting specifications, i.e., type, number, material, color, in addition to locations and construction details. The DRC may request that the Owner provide an on-site demonstration of proposed site lighting techniques.

a. No overhead or pole lighting will be used to illuminate the streets within OABS. b. Site lighting must be directed onto vegetation or prominent site features such as

boulders and may not be used to light walls or building elements, except to illuminate residential address signs.

c. Building-mounted lighting must be directed downward and may not be used to light

walls or building elements for decorative purposes, except to illuminate residential address signs.

d. All exterior lighting must provide for significant shielding to ensure that light sources

and lamps are not visible from Neighboring Property, common areas, streets, or Open Space. No bare lamps will be permitted. Recessed lights in exterior soffits, eaves or ceilings shall have the lamp recessed a minimum of three inches (3”) into the ceiling and include a pin hole type trim.

e. Bulbing: The maximum total lumens of exterior shall be: 250 Lumens for Landscape

lighting and 350 Lumens for bulbs in wall mounted sconce lights and recessed patio ceiling cans. Wall mounted sconce lights must completely cover the light source and all light must be direct down. Patio ceiling can lights must be deeply recessed cans and have “pin hole” trim. Only white lights are allowed for exterior lighting.

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f. No lighting will be permitted in Natural Areas. Site lighting must either be confined to areas enclosed by walls, or be in the immediate vicinity of the driveway or pathway to the main entrance to the Residence and be of very low wattage. Pathway lighting must utilize approved light bollards to minimize daytime visibility and may be com-bined with landscape lighting.

g. Lighting of driveways and parking areas is discouraged, but may be approved by the

Committee, except where houses are in close proximity with short driveways, such as in the Fifth Green. If approved, the lighting is subject to the following restrictions: Pole-mounted or wall-mounted light fixtures may be no higher than eighteen inches (18”) above the driving surface. Tree-hung lights are allowed but may be no higher than seven feet (7’-0”) above the driving surface. The light source of all fixtures must be recessed and fully shielded, including any light leak from the top of the fixture. Driveway and parking area lights must be very low wattage and only light the borders of the driveway surface and not retaining walls or landscape. Up lighting of land-scaping along driveways is discouraged. Cut sheets and photometric charts of any proposed light fixtures for driveways and parking areas must be submitted with the Final Design Submittal.

h. In an effort to minimize unnecessary light pollution, all exterior lights should generally

be turned off by manual or automatic methods by midnight, and driveway lights should generally be turned off completely during extended times in which the Resi-dence is not occupied.

i. Exterior lights installed for the specific purpose of security are discouraged, but

may be allowed subject to specific approval by the Committee and subject to a fi-nal inspection after installation. Security specific lighting must be activated by motion detectors and stay lit for no longer than a maximum of ten (10) minutes. Security lights must still meet the requirements of shielding of the light sources described previously in these guidelines. If problems, including complaints about these lights, occur, the Committee and the Association reserve the right to de-mand that the fixtures be disconnected. If allowed, they must be installed and maintained to avoid setting off the detector by the motion of vegetation and the movement of wildlife. These lights are not allowed to operate for the purpose of general illumination.

j. The color of the light fixture and its shield, housing or trim, including exterior soffit

lights, shall be compatible with the building color and must meet the Light Reflec-tance Value (LRV) requirements of these Guidelines. Landscape lighting fixtures shall be metal and colored dark bronze or black.

k. Holiday lights are allowed from November 20 to January 15 subject to the following

stipulations: White miniature lights (i.e., Christmas lights) are permitted during this period as long as they are not twinkling or blinking. No more than a very few trees, cacti or plants may be decorated with lights. Lights are not allowed to outline an en-tire Residence or to be located on ridges or gables of pitched roofs. No exposed spotlights are allowed. Luminaries are allowed along driveways and patios, but not on roofs or parapets. Paper luminaries with candles are not allowed due to potential fire danger.

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l. Gas flames should not exceed 9 inches in height, unless shielded so as not to be Visible from Neighboring Property, common areas, streets, and Open Space.

m. Landscape lighting is permitted at entrances into individual residential projects to il-luminate project signage and as focal points in the landscape. Accent lighting shall be minimal. Lighting standards are to be discreetly placed among plant materials and are to cast a low-level glare-free light.

4.7. HARDSCAPE ELEMENTS

4.7.1. Wall Treatments: Walls shall be constructed of native materials or finished to blend with the surrounding desert. Walls used to define Building Envelopes or Lot or Parcel lines shall not be permitted. Only accent walls and patio walls that visually extend from the Residence for the purpose of creating intimate spaces are acceptable. A planting buffer of at least eight feet (8') must occur between any wall or rear yard Improvement and the property line. The buffer shall be revegetated with native plant materials only.

Walls should follow natural contours and when crossing drainage channels, should provide for the flow of water through the wall. The DRC encourages wall heights no greater than four and one-half feet (4'6") with a maximum wall height of six feet (6'), except for special circumstances that require the written approval of the DRC.

Wall height is measured from natural grade along the exterior side of the en-closure except where a wall crosses a wash where the height shall be meas-ured from natural grade at the top of bank. Figures 6, 7 and 8.

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Construction specifications and details, color samples and finishes for walls shall be included with the Design Review Submittal. Stucco must be applied to wall surfaces to completely cover all masonry joints and CMU block. A minimum of a two (2)-coat application is required.

Other setback and height requirements are specified in the amended devel-opment standards that accompany the zoning stipulations. The DRC may re-quest that wall alignments be staked prior to approval.

Exceptions to the above guidelines are walls constructed on Fairway Lots, along a Scenic Vista Wash Corridor and project entry walls. Project entry walls that are visible along project boundaries and circulation corridors shall be in keeping with the character of existing walls along the boundary of the

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OABS. Walls should vary in height and thickness following the local topogra-phy, integrating rocks and trees to create a natural appearance. Continuous project boundary walls will not be permitted. Walls constructed along a Sce-nic Vista Wash Corridor must be compatible with those adjacent to or across the wash. Wall height shall be a minimum of one foot (1') above the water level of a 100-year storm if it is to serve as a retaining wall for floods. Wall details are to be prepared by a registered Architect or engineer. Walls along washes must adhere to special setback requirements. Along Scenic Vista Wash Corridors, a four-foot (4') setback is required for every one foot (1') of vertical height. Figure 9. Wall and/or berm alignments should follow the to-pography and make full use of existing vegetation and rocks to create a nat-ural appearance. Slopes shall be tapered to match existing grades. Sug-gested methods for containing and treating wash edges are available in Ap-pendix C although alternative construction methods will be considered by the DRC.

Special wall requirements apply to Fairway Lots to avoid the appearance of a hard edge along the golf corridor. Wall heights shall not exceed four and one-half feet (4'6") when adjacent to a golf course and shall be set back from the property line a minimum of two feet (2’) for every one foot (1') of vertical height. In most cases the Building Envelope or Patio Envelope defined for a Lot will determine wall locations. However, it is the Owner's responsibility to ensure that walls meet the minimum requirements established in these guidelines and by the City of Scottsdale. Figure 10. Walls should not be used to define the setback line or Building Envelope but should be designed to create intimate spaces in relation to the architecture. A minimum of eight feet (8') of planting between walls and other Improvements and the property line or cart path shall occur.

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4.7.2. Wash Stabilization Treatments: Guidelines for wash treatments are provided for Owners whose Lots or Parcels justify altering or improving wash corridors to gain access or provide necessary bank stabilization. Di-version, channelization and/or stabilization techniques for washes shall blend harmoniously with the surrounding desert and should be unobtrusive to developments adjacent to or across washes. Diversion of washes shall be conducted to prevent impact to other properties. Owners who divert washes are responsible for damages occurring to adjacent land or Struc-tures as a result of the change in the water flow.

Stabilizing materials such as concrete, gunite, grout and stucco should be integrally colored with a modified Davis mix San Diego Buff or painted with Dunn Edwards color "Boulders Beige." Pit run or other rock/granite that is not weathered naturally is to be treated with Eonite, or an equivalent pro-cess to ensure color compatibility. Walls used to retain 100-year flows, both buried or above ground, shall also be colored or finished in compatible de-sert tones. Design drawings, color and material samples must be submitted to the DRC for review. Figure 11.

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4.7.3. Paving Treatments: Paving materials that do not complement the nat-ural surroundings will be restricted in their use. Bomanite™ and Bo-machron™ are prohibited. Pavers are acceptable, with design and color subject to approval by the DRC. San Diego Buff-colored concrete with exposed natural aggregate is recommended as a paving accent. Soil cements mixed with on-site decomposed granite will be permitted for use on individual driveways. Any on-grade concrete or exposed concrete surfaces shall be integrally colored with Davis mix modified San Diego Buff, including, but not limited to driveways, ribbon curbing and sidewalks.

5.0. ARCHITECTURAL DESIGN STANDARDS Because each Lot or Parcel within OABS is unique in terms of its natural opportunities and constraints, different approaches in design and construction will be necessary in each case. Innovative use of materials, design and construction techniques are encouraged to make full use of a site’s attributes, provided the final result is consistent with the vision of OABS. Key architectural concerns include building height, massing, color and abstinence of stylistic de-vices that are inappropriate to the Southwest. These architectural standards and design re-strictions are intended to preserve, protect and enhance the special environment of OABS.

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5.1. AIR CONDITIONING EQUIPMENT All air conditioning equipment, unless it is completely screened by parapet walls and approved in writing by the DRC, must be ground mounted and screened behind permanent solid masonry walls or permanent landscaping high enough to completely screen the equipment. Other screening de-vices may be considered, but must be approved in writing by the DRC before construction. 5.2. BARBECUES The DRC encourages the design of barbecue units that are an integral part of the design of the Res-idence rather than freestanding. 5.3. BASKETBALL BACKBOARDS Special permission from the DRC is required to construct a freestanding basketball back-board. Backboards must be contained architecturally so as to be completely screened from view of other Lots or Parcels, streets or Common Areas. Backboards attached to the face of a garage are not permitted.

5.4. BUILDING HEIGHTS The DRC encourages, where possible, low-profile, single-story building units. The DRC dis-courages and has the right to prohibit the construction of any Residence or other Structure that would appear excessive in height when viewed from the street or other Lots anywhere in The Community. Horizontal profiles with variances in building masses, which emphasize floor levels rather than tall, two-story massing, will be emphasized. This restriction is im-portant due to the nature of the low desert landscape which rarely reaches two stories. Buildings that extend above the tree canopy will not be as energy efficient and may block view corridors for other Residences. Unless otherwise specifically approved by the Commit-tee, the required three or four visual masses shall vary in height vertically by a minimum of two (2) feet from any adjacent mass or masses. Building height is to be measured by passing a plane vertically through the building at any point from existing natural grade to the highest point of the Structure at that plane. This di-mension shall not exceed nineteen feet (19') in height, except that a maximum of one-third of the enclosed living area may exceed nineteen feet (19') but not exceed twenty-two feet (22'). Second story elements should be set back from the property setback lines wherever possible to create a stepped appearance and to avoid two-story, uninterrupted surfaces. Figure 12.

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In no case shall a wall have an unbroken height of more than sixteen (16) feet measured vertically from the finished grade at its lowest point along the wall to the top of the wall. Ad-ditional wall height may be achieved if another wall or site wall is created and separated by a minimum of four (4) feet. Door and window penetrations and applied banding or textured relief in a wall plane do not change the measurements of an unbroken wall height. Building heights are also subject to regulations established by the City of Scottsdale's Zon-ing Ordinance. Every Owner is responsible for compliance therewith.

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5.5 BUILDING MASSING Massing is the arrangement of three-dimensional solid building elements that form the exterior of the Residence. The reduction of an otherwise large home into multiple masses adds shadow and texture to the hillside as well as reducing the overall scale of the residence. The design of each elevation of each residence must consist of at least three distinct building masses.

Massing designs should draw upon the Pueblo-style traditions of simple, geometric compositions that emphasize the horizontal nature of the desert and create a dramatic play of light and shadow against buildings. To increase the textural quality of the masses, varied building projections and deep recesses should be used to create another layer of varied light, such as trellises, arbors and/or deep set windows and doors.

• Each building shall be constructed as a series of visual building masses.

• Each residence shall be constructed with a minimum of 3 Visual Building Masses and residences larger than 5,000 sq. feet under roof shall have a minimum of 4 Visual Building Masses.

• To be classified as a Visual Building Mass, the mass shall have a minimum depth and width of 15 feet and be a minimum of 750 square feet in area and be offset by 2 feet horizontally and vertically.

• Where the ends of parapets are visible, they shall be a minimum of 16” in width.

• Exposed vertical plane larger than 8 feet horizontal shall not be taller than 16 feet in height without being broken by an intervening mass with a minimum 2 foot offset.

• Building masses shall not exceed 40 feet in one direction without a change in roof alignment, wall offset or elevation.

• Parapets shall surround roofs not less than 10” wide, and not more than 48” above the adjacent roof surface. Parapets must return and end in an intersection with a building mass.

5.6. BUILDING MOTIF The North Scottsdale/Carefree area has been developed as a community of low-profile, de-sert-oriented buildings with the exterior Southwestern architectural style, fully oriented to the sun and capitalizing on the dry climate. The exterior, Southwestern style materials and col-ors should reflect the surrounding area. Contemporary lifestyles can be accommodated within the interior space design.

Buildings are to be designed so they blend harmoniously with the environment, rather than calling attention to themselves. Terrain, predominant colors, existing vegetation and the shapes and textures of rock formations are to be incorporated in any building design. It is expected that in the hands of sensitive designers, these criteria will not be restrictive but ra-ther will enhance our standard of excellence by minimizing man's impact on the desert.

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5.7 BUILDING PROJECTIONS All projections for a building including, but not limited to, chimney caps, vents, gutters, scuppers, downspouts, utility boxes, porches, railings, and exterior stairways, shall match the color of the surface from which they project unless otherwise approved by the Commit-tee. All building projections must be contained within the Building Envelope.

5.7.1 Chimneys: Chimney elements often provide architectural interest if they are singularly tall. One (1) chimney on each roof may be constructed not to exceed twenty-two feet (22'). Chimney caps shall be designed to be in har-mony with the architectural character of the home. Exposed metal rain caps shall not be approved.

5.8. BUILDING SIZES Refer to the Development Plan and the Amended Development Standards for the allowable building sizes.

5.9. COLORS The three sub-associations, the Boulders Casitas Condominium Association, the Fifth Green Owners Association, and the Pueblo Owners Association, have restricted color palettes.

The Boulders Casitas has two color schemes. Scheme 1 includes Dunn Edwards Fievel, DE3039, paint; Spice Brown, Okon 608, stain; and Redlands Clay Baja Two-Piece Mission (Bacon Blend) tile. Scheme 2 includes Dunn Edwards Jamaican Earth, DE 3183, paint; Spice Brown, Okon 608, stain; and Redlands Clay Baja Two-Piece Mission (Bacon Blend) tile.

The Fifth Green has six approved Dunn Edwards paint colors, Hickory DEC759, Wooded Acre DE6130, Colorado Trail DE6117, Mesa Tan DEC718, Carved Wood DE6125, and Boulders Beige, custom color. All walls facing common area property such as the golf course and/or property belonging to the common area, shall be painted Boulders Beige (custom color) on the exterior side, including the top rolled cap area and the interior of the wall may be painted the house color up to the point where the rolled top begins. All walls must be painted concur-rently with the Residence.

In the Pueblos, only one paint color is approved, Dunn Edwards Express DE3029 with Evershield.

Elsewhere in the Boulders, colors must be muted tones chosen to blend with the natural colors of the desert vegetation and mountains as seen from a distance. Colors must have a Light Reflective Value (LRV) between 15 and 35. Color palettes that are representative of muted desert colors are encouraged. Colors leaning toward the yellow, orange, red or blue hues are prohibited. Darker rather than lighter colors are preferred and may, under certain circumstances, be required. Subdued accent colors may be used pending DRC approval on a case-by-case basis. Pre-approved colors for the OABS are provided in the HOA office for review and reference. Should any of the pre-approved colors be selected, an application form is required and approved administratively by association management. However, any color that is not on the pre-approved list must be approved by the DRC.

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Color and material samples for all project elements (walls, roofs, trim, fascia, etc.) must be submitted to the DRC for approval during the Design Review Process. It is recommended that larger paint samples (8 ½ x 11) be submitted to the DRC for initial approval. Colors can vary greatly when exposed to sunlight during different times of the day. Alt-hough colors may look acceptable in the shade, they can be highly reflective in sunlight. Choose exterior colors in natural light rather than indoors under artificial lighting, as shades selected under artificial lighting do not represent their actual color value.

5.9.1. Color Approval Process: All wall and roof colors will be preliminarily approved as part of the review process but are not considered approved until an area 4 feet x 4 feet is painted on the final texture mock-up sample on-site or a portion of the residence. A sample of the roof material must be adjacent for the on-site review of both wall color and roof color. Any wall painted or roof installed without a specific written final approval of such from the Com-mittee is at risk of noncompliance and may require repainting walls or re-selection of the roof color at the owner’s expense.

Approval to Repaint: Approval is required for all exterior paint projects. If a preapproved color is selected, an application is still required listing the preapproved color and approval will be provided administratively by associa-tion management. There are no fees required for exterior paint projects.

5.10. COLUMNS Column proportions are critical in achieving visual strength in the architectural design. Tall, thin columns may tend to appear visually weak. Columns must have a minimum dimension of twelve (12) inches in diameter or width in both directions, and have a minimum slender-ness ratio of 1 to 8 (i.e., an eight (8)-foot-tall column must be one (1)-foot wide and a twelve (12)-foot-tall column must be eighteen (18) inches wide). The DRC may grant exceptions to this guideline if it is determined appropriate to the specific design. 5.11. DRIVEWAYS AND PARKING Overnight street parking is not permitted within The Owners Association of Boulders Scottsdale, which results in the standard requirements for covered and/or totally enclosed parking spaces depending on Lot or Parcel size and building type. Each residence shall contain parking space within the Lot for at least two (2) automobiles in an enclosed garage either attached to or de-tached from the main structure of the residence. A minimum of two (2) additional exterior park-ing spaces must be provided to accommodate guest parking; that for custom Lots cannot be lo-cated directly in front of the two required primary garage doors. No exterior storage of recreation vehicles or boats will be permitted. No overnight on-street parking will be permitted for resi-dents' vehicles or vehicles of their guests. Views of guest parking from adjacent Lots or streets must be minimized on custom lots by depressing the parking area, or by using screen walls. Where screen walls are used, the walls should be between thirty-six (36) inches and forty-eight (48) inches high above the guest-parking surface.

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Entrance driveways should be located to minimize their visual impact on important natural fea-tures of a Lot such as large, significant plant materials, washes, rock outcrops or drainage paths. Driveways shall be a maximum of twenty (20) feet wide and preferably no more than twelve (12) feet at the property line. Each driveway shall intersect the street preferably at a right angle, but at a minimum angle of 70 degrees. Driveways should also be located in such a way as to not interfere with drainage in the right-of-way or the street. Only one driveway entrance off of the street will be permitted for each Lot. Driveways shall not be gated. Ornamental gates en-closing a motor court are discouraged, but may be considered on a case-by-case basis. Colored and stamped concrete, colored and exposed aggregate concrete, colored and textured concrete, decomposed granite, pavers, flagstone or other types of natural stone are all ap-proved driveway materials, provided colors are compatible with the adjacent landscape context. Uncolored smooth concrete may not be used for driveway surfaces. Feature strips of a different material and special aggregates in exposed concrete will be reviewed on a case-by-case basis. Decomposed granite used as a driveway surface shall be a maximum size of one-half (½) inch or less and shall match the color of the existing native granite specific to the Lot. If decomposed granite is selected, a minimum of a ten (10)-foot approved hard-surface apron shall be provided at the street. Decomposed granite driveways shall be stabilized and include an approved boarder to define the driveway area. 5.12 EXTERIOR ART, SCULPTURE AND SPECIAL FEA-TURES Exterior artwork and sculpture will only be allowed within the Private and Semi-Private Area of the Lot and must conform to the color standards of these Guidelines. The Committee reserves the right to not approve any exterior artwork or sculpture that it deems inappropriate for reasons of subject matter, height, color, size, reflectivity or proposed location.

• Exterior artwork and sculpture shall be limited in height to no higher than three feet above courtyard walls and eight feet above adjacent finished grade, includ-ing any stands or pedestals.

• Colors for exterior artwork, sculpture or any other special features should be muted tones chosen to blend rather than contrast with the Residence and its surroundings. Colors leaning toward the yellow, orange, red or blue hues are prohibited. Highly reflective finishes are prohibited. Other colors that meet the criteria of this section may be approved by the Committee on a case-by-case basis.

• Exterior artwork may not be illuminated by light fixtures (which illuminates the Art as seen from any area outside of the home or private patios).

5.13. EXTERIOR SURFACE MATERIALS Consideration is to be given by the Owner/Designer to the weathering capability of all exte-rior surfaces, materials and items of construction. The Arizona sunlight can be extremely destructive, with ultra violet rays not only fading colors, but also causing major deterioration of certain materials and construction systems.

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Stuccoed surfaces are the predominant wall treatment in OABS with lightly textured stucco approximating the surfaces of the granite boulders found in the area. Heavily textured stuc-co surfaces are out of place, but some degree of texturing to minimize hairline fractures and cracks is acceptable.

Natural building materials like stone are a logical selection for exterior surfaces, but if stone is proposed, it must be indigenous to the North Scottsdale/Carefree area regardless of its inherent beauty. The use of concrete or concrete masonry without approved color additives is not allowed.

Wood, when exposed to the sun, requires considerable maintenance and special finishes. It may crack or warp even when properly finished, so its use should be limited, with the char-acter of weathered wood being carefully considered wherever it is used.

Large decorative windows, special wall patterns or trim treatments shall be approved by the DRC during the early development of the design.

5.13.1. Reflective Finishes: No highly reflective finishes, except glass, which may not be mirrored or opaque, shall be used on any exterior sur-faces including exterior artwork and sculpture. Extensive use of glass panel rails at balcony and deck areas are not permitted. The DRC will consider limited use of glass rail based upon unobtrusive locations, limi-tation of areas in length and the use of non-reflective glass only. The glass must be consistent with that used on the house.

5.14. FIRE PITS AND FIREPLACES Fire pits and fireplaces should be contained within the patio and should be an integral part of the design of the Residence. Fireplaces built into patio walls require approval by the DRC, as the chim-ney element must be sited to avoid obstructing views from adjacent properties. As set forth in 4.6.l, gas flames shall not exceed 9 inches in height, unless shielded so as not to be Visible from Neigh-boring Property, common areas, streets, and Open Space.

5.15. FLAGPOLES AND FLAGS Flagpoles proposed for new or existing homes must be submitted to the DRC for approval. On-ly one pole per house is permitted, and the pole should be attached to the house, not exceed the height of the mass to which it is attached, be painted to match the house and not be lighted. Flags, as allowed by Arizona state law, must be maintained in good condition; frayed, faded or damaged flags must be replaced immediately. 5.16. FOUNDATIONS All exterior wall materials must be continued down to finish grade thereby eliminating unfin-ished foundation walls.

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5.17. GARAGES AND CARPORTS It is the intention of OABS to minimize the impact of garages and carports on the overall streetscape; therefore side entry garages will be encouraged. Note should be taken of the special requirements for setbacks of parallel or perpendicular entrances established in the amended standards for OABS and approved by the City of Scottsdale.

Garage doors, if constructed of wood, shall be painted or stained to match or harmonize with the wall surfaces of the main building. Special pattern designs for garage doors repre-sent an important element of the building elevations and are to be approved by the DRC. Where carports are proposed, all equipment (cars, storage items, etc.) must be completely screened from public view. Figure 13.

Plain painted metal garage doors are not permitted on custom homes.

The apprearance of the garage door must blend with the home design. Glass garage doors or garage doors with glass windows must be opaque and not transparent or translucent. Ornate garage doors are strongly discouraged. The face of garage doors must be recessed a minimum of eighteen inches (18”) from the adjacent wall plane, unless otherwise approved by the Committee.

Oversized garage doors, defined as garage doors taller than eight feet (8’-0”) or wider than eighteen feet (18’-0”), shall not be allowed on any Residence, unless otherwise approved by the DRC.

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5.18. GUEST HOUSES Guest Houses are only permitted within certain areas of OABS, with approval from the DRC and the City of Scottsdale, when required. The architectural character and detailing of the Guest House must be consistent with the main building. Guest Houses must be sited within building setbacks and other roofed Structures. Materials, finishes and color are to match the main building unless special approval is granted in writing by the DRC. The Guest House should be visually connected to the main building with walls, courtyards, trellis or other ma-jor landscape elements. No Guest House or suite may be leased or rented, separate and apart from the lease or rental of the main house. All guest facilities must comply with the zoning regulations of the City of Scottsdale.

5.19. LIGHTING

5.19.1 Interior Lighting: Windows can create glare at night if interior lighting is not properly designed or installed. If clerestory windows are combined with soffit lighting, the light source must be directed away from the window and not visible from outside, including views from higher elevations. Soffit and interior lighting can also create “hot spots” when the light reflects off of walls or ceilings. These “hot spots” must not be visible from the adja-cent property. Interior lighting may not be directed up into any skylights or clerestory windows.

5.19.2 Wall-Mounted Lighting And Equipment: The positioning and

screening of wall- or fence-mounted features such as lights, electrical or mechanical control items as well as other equipment mounted after the completion of basic construction, is considered an integral part of finished building elevations. The Owner is to include screening for all fence-mounted equipment with screen walls and/or landscaping, while still allow-ing access or partial visibility to such things as electrical meters.

5.19.3 Large Screen TVs: Shall be located and/or screened such that they

are not visible from neighboring properties after sunset.

5.20. MAILBOXES Standard mailboxes on posts are not acceptable. In areas where mail service is provided to individual properties, custom designed mailboxes that relate to the architecture of the house are encouraged. Eve-ry Owner shall provide an address sign for each residential unit that is incorporated into the design of the mailbox. Care should be taken to design mailboxes as low as possible and to integrate them in with the planting design. Mailboxes should not compete with or be in conflict with the residential architecture and should recede into the background. In semi-custom home subdivisions or patio homes, mailboxes must follow existing configurations approved for the subdivisions. No mailbox shall violate U.S. Postal regula-

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tions, exceed eighteen (18) square feet nor be higher than four and one-half feet (4' 6") from the final grade.

5.21. OUTDOOR FURNITURE AND ACCESSORIES All outdoor furniture, including TVs, and umbrellas, should be muted tones chosen to blend rather than contrast with the residence and surroundings. White or brightly colored furni-ture and accessories will not be allowed if visible from other properties. Colors leaning to-ward the yellow, orange, red or blue hues are prohibited. Highly reflective finishes are not permitted. This section intends to ensure that, as seen from off-site, all furniture incorpo-rated into any outside area visible from adjoining property blends with the house or sur-roundings and does not visually attract attention to its location.

5.22. PATIOS AND COURTYARDS Patios and courtyards should be designed as an integral part of the architecture of the Residence so they can be shaded and protected from the sun by the walls of the Residence. These open areas should take advantage of natural air flows to produce cooler temperatures. All elements of the patios and court-yards (flooring materials, landscaping, fountains, lighting, etc.) must be properly screened from adjacent property to enhance privacy. Fencing, screen walls and gates are considered a part of the finished build-ing elevation and approval is required from the DRC before beginning construction. Figure 14.

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Details showing how patio or courtyard vegetation will be controlled within this space are to be included in the landscape design plans. Certain species of plants and lawns are allowed within enclosed Private Areas which are not allowed in other spaces (See Section 4.2.3). 5.23. RADON GAS PROTECTION Although there has been no indication that significant amounts of radon gas are present in the soil of OABS, the Committee recommends that each individual Lot be tested for the presence of such gas. If it is then determined that a radon gas ventilation system is desired, the architect or design professional should be advised so provisions for such a system are included in the design for the residence.

5.24. REFUSE CONTAINERS The Owner will identify the size and type of required refuse containers through coordination with the company providing refuse collection. Details for location of concealed containers will be provided by the Owner prior to completion of the design. Containers shall be either below the surface or appropriately concealed by walls.

5.25. ROOFS Roofing surfaces, visible to adjacent properties or from roads and drives, fall into two cate-gories: 1) sloped roofing, and 2) visible flat surfaces behind building wall parapets, with both types partially or completely visible.

5.25.1. Flat Roofs: Parapets must return and end in an intersection with a building mass. Flat roofs should be surrounded by parapets a minimum of twelve (12) inches above the highest adjacent roof surface. Flat roofs that do not have parapets are discouraged, but may be approved by the Committee if such roofs are free of any skylights, roof penetrations, roof vents, plumbing vents, etc., and if, in the opinion of the Committee, add to the overall design character of the residence. All roofs designed without a parapet must have a fascia design clearly concealing the roof edge and flashing on adjacent walls. Roof vents must be clustered and concealed as much as possible.

5.25.2. Roof Drains, Scuppers and Gutters: Exposed gutters and downspouts are not allowed. Roof gutters, when installed, shall be constructed into the roof structure with downspouts being run inside the exterior walls and roof drain lines shall run under slab and through footing draining to daylight. Roof drains that exit above grad shall have case metal tongue no more than 8” above grade and drain into a stone splash pad. Scuppers are acceptable if they are constructed as an integral part of the architecture.

5.25.3. Roof Materials and Colors: Sloped roofs are to be constructed of non-reflective materials which are commonly used in the area, colored in earth tones that complement rather than compete with the natural envi-ronment. Red clay tiles are not acceptable; however, clay or concrete roof tiles are acceptable provided they are mottled, desert earth tones. No “flat”

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one piece “S” tile will be allowed. Metal roofs will be approved by the DRC only if exact samples of the finished, weathered materials are supplied and are consistent with the criteria set forth in these standards. Designers are encouraged to make full use of newly developed roofing materials as long as they are consistent with the intent of this document.

Except in the Fifth Green subdivision, which has been given a blanket waiver, flat roof surfaces should be colored to harmonize with the natural desert surroundings. They may match the building wall color, but in no case shall flat roofs have a color with an LRV higher than 30. The DRC may make exceptions on a case-by-case basis and grant a variance based upon visiblity from neighboring properties. Caution is suggested regarding the selection of material, color and its ability to weather for roof fascia and edge material. Roof flashing is to be of weathered copper or metal painted to match the wall or roof. The flashing detail must be a vis-ually pleasing detail as viewed from higher elevations. All built-up roofs shall be ballasted in a material and color approved by the DRC uniformly covering all lap joints seams or patches.

Naturally colored granite roofs are acceptable but are not always recom-mended by roofing contractors. Artificially colored gravel is usually incon-sistent with natural colors and a sample of the proposed material must be approved by the DRC before the design is finalized. Painted surfaces are acceptable as long as the colors complement the color scheme of the building, but it should be noted that extra maintenance is normally re-quired given the extreme weathering of exposed surfaces.

Vents, skylights, curbs and flashing and other acceptable equipment are to be painted to match the roof.

5.25.4. Skylights: Skylights are not recommended, but if approved, must be installed in a manner that avoids reflecting light in the day, or emitting undesirable light at night. Skylights can be approved for installation in a flat roof with a parapet wall high enough to conceal the fixture. On flat roofs, lens materials must be clear, bronze or gray, but not white. Skylights should not be installed on sloping roofs unless it can be demonstrated that they are not in prominent view from the street or adjacent neighbors. If used on sloped roofs, care should be taken to select darker glass tones that blend with the roof. Skylights must use a minimally reflective lens to avoid glare during the day. Interior lighting around skylights must be oriented in a downward direction to prevent emitting light upward into the night sky. Clerestory windows are recommended over skylights for their cooling principles and solar effectiveness.

5.25.5. Sloped Roofs: It is recommended that exposed sloped roofs be used in combination with flat roofed areas with parapet walls to avoid extensive use of tile or metal. Pitched roofs must not exceed a four (4)-in-twelve (12) pitch. Each design will be reviewed on its own merit.

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5.26. ROOF DECKS Roof decks must be designed such that there are no views into neighboring properties. Stairs to roof decks must be totally enclosed. Open stairs are not permitted. Roof decks must be en-closed with solid wall at a minimum of 42” high. Open wrought iron railings are not permitted, except on second floor balconies. 5.27. SATELLITE DISHES All satellite dishes and internet connectors must be mounted in the most inconspicuous lo-cation and manner possible and must be painted or colored to match the background behind them as seen from the most visible location. The dish should not be silhouetted against the sky when viewed for neighboring properties or public areas including the golf course.

5.28. SCREEN WALLS AND RETAINING WALLS Screen walls shall be of permanent construction. All screen walls and exposed retaining walls are to be stuccoed and/or finished to match the other wall surfaces of the building and both sides of the screen wall must be finished. The walls are to be high enough to screen the objects and/or equip-ment located behind them. The use of wood screen walls is discouraged and requires approval in writing from the DRC. Screen walls are to be designed and presented as a part of the final building elevation and should be a visual extension of the architecture of the Residence. Retaining walls that are partially below the finished grade or walls used as planters are to be properly moisture proofed to avoid unsightly water staining. In some cases landscaping may be used as a substitute for re-quired screen walls. All screen wails must be located within the Building Envelope but may not de-lineate the Building Envelope or setback lines. (See Section 4.7.1. for other wall design criteria.)

5.29. SCREENS, SUNSHADES, TRELLISES Approval from the DRC is required for special screening or shading devices. These elements are considered an integral part of each building elevation even though they may be installed after the building is completed or occupied. Installation of these devices without prior approval of the DRC may require their removal at the Owner's expense. Colors shall blend with the color of the house. Brightly colored awnings, window shading, steel or plastic shutters or wall mounted shading devices (inside or out) are not permitted. 5.30. SECOND FLOOR ROOMS AND BALCONIES Second floor rooms and balconies must conform to Architectural Design Standards, Section 5, regarding height, massing, etc. Windows or balconies that provide views into neighboring prop-erties are not allowed. Exterior stairs must be enclosed. 5.31. SIGNAGE Signs offering any property for sale/rent/lease shall not exceed the industry standard of 18 x 24 inches. The sign rider shall not exceed 6 x 24 inches. Political signs are permitted 71 days before an election and 3 days afterward. The total square footage of all political signs on a property can not exceed nine square feet.

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5.32. SOLAR COLLECTORS Active solar collectors will be approved on a case-by-case basis. The DRC will consult with the Owner to design an installation that is energy efficient and is consistant with the architectural standards of the community. A variance in building height may be approved so that parapets may be raised to hide the installed panels from views from neighboring properties, or public areas including the golf course. 5.33. SWIMMING POOLS AND SPAS, EQUIPMENT AND ENCLOSURES Consideration should be given in designing pool and spa areas to provide for privacy for both the Lot Owner's neighbors and golfers. Pools and spas should also be screened from the street or adjacent properties or Natural Areas. Pools must be properly enclosed and constructed according to City and County regulations. The pool, patio, any perimeter walls, fences and gates should be considered an integral part of the building elevations. Pool drains must connect to the street; pools cannot be drained onto adjacent property. Pool pa-tios and landscaped areas must conform to the considerations described in Section 5.16 of this section as well as Section 4.2.3. A minimum of fifteen feet (15’) of planting between all hardscape and the property line shall be provided in rear yard setback areas. Negative-edge pools will only be approved where natural site conditions will allow. The Committee will not approve negative-edge pools that require signigicant grading immediate-ly adjacent to the pool nor will they approve the grading of a trench, ditch or other excava-tion immediately adjacent to the pool as a method of meeting the pool safety-barrier re-quirements. If a negative-edge pool is desired, it must be carefully planned to work with the existing site conditions. The color or exposed tile on a negative-edge pool must be dark or match the building color. No light or bright tile colors will be permitted on negative-edge pools. The overflow trough for a negative-edge pool shall not drop more than one foot (1’-0”) vertically from the water surface and the trough shall not be wider than one foot (1’-0”), unless otherwise approved by the Committee. 5.34. TENNIS COURTS

Tennis Courts are not allowed except in certain situations on large Lots or Parcels with ap-proval by the DRC. Tennis Courts should be fenced and sited for minimal vision impact from the street or from neighboring properties. Construction of Tennis Courts below grade will be encouraged as this reduces the need for fencing. All chain-link fencing must be vinyl coated or treated with Eonite. Only one (1) of the four (4) sides of a Tennis Court may be enclosed in part by a practice backboard, which must be approved in advance by the DRC. Tennis Court lighting is not allowed.

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5.35. WALL FINISH TERMINATION All exterior finish materials, including stucco on all building walls, site walls and screen walls, must be continued down to below the finish grade in the same plane, or outward, offset from the wall above, thereby eliminating unfinished foundation walls. (See Diagram). 5.36. WINDOWS Windows should be located and sized to limit heat gain to the Residence’s interior and cause no objectionable glare, day or night. Overhangs, deep window opening recesses and other shad-ing devices are encouraged. The plane of the glass must be recessed a minimum of six (6) inches from the exterior wall face for all windows and 8 inches for assemblies over 30 square feet that are not under a patio roof.. “Pop outs” around windows will not be allowed unless, in the opinion of the Committee, the window surround is treated as a mass element. Glass block has the same constraints as listed above for windows. Glass block is generally not allowed in decorative patterns or shapes. Colored or bronze reflective glass block is not al-lowed. Draperies and other window coverings should be installed with those areas seen through win-dows colored in a manner that will make them visually unobtrusive. Large areas of light-colored backing material, which, when closed, appear in conflict with the exterior wall surfaces around it, are prohibited when visible from any adjoining property.

6.0. CONSTRUCTI0N PERFORMANCE STANDARDS The following Construction Regulations are to be included as a part of the construction con-tract documents for each Lot or Parcel or any other Improvement. All Builders and Owners are to be bound by the Regulations and any violation by a Builder shall be considered to be a violation by the Owner of the Lot or Parcel. These regulations are established to preserve the desert environment and to maintain an atmosphere in which the guests of The Boulders

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Resort Hotel, the members and guests of The Boulders Resort and Club, and the home-owners within OABS and their guests shall be kept substantially free of annoyance from construction activity.

6.1. CONSTRUCTION REGULATIONS

6.1.1. Blasting: If any blasting is to occur, the DRC must be informed far enough in advance to allow it to make such investigation as it deems ap-propriate to confirm that all appropriate measures, including protective ac-tions, have been taken prior to the blasting. No blasting or impact digging causing seismic vibrations may be undertaken without the approval of the DRC. Applicable governmental regulations should also be reviewed prior to any blasting activity.

6.1.2. Construction Access: Construction access will only be over roads designated and approved by the DRC or its representative for such purpos-es. A maximum of one (1) entrance road into the construction site will be al-lowed with a maximum width of twenty feet (20'). The Owner will be re-sponsible for restricting construction traffic from all other areas, including the Main Gate on Tom Darlington Road for the purposes of both ingress and egress. Owner shall be responsible for maintaining all access roads in a clean and dust-free manner. In the event the construction access road is used by more than one (1) developer other than the Owner, the expense of maintenance and dust control shall be pro-rated. If off-hour access is re-quired, it will be subject to prior approval by the DRC. The DRC must ap-prove in writing any construction access through the common areas.

6.1.3. Construction Trailers: Construction trailers are not allowed on any Lot during the construction process. Storage containers may be ap-proved on a case-by-case basis.

6.1.4. Dust and Noise Control: The Owner shall be responsible for con-trolling dust and noise from the construction site. No radios or other audio devices are permitted on the site. Dust control measures shall be reviewed by OABS.

6.1.5. Fencing: A chain link fence at least five feet (5’) high shall be installed to enclose completely the construction site in order to protect the Natural Area of a Parcel from construction damage. (See Section 3.2.1.) The fence shall have a maximum of one (1) entrance with maximum widths of twenty feet (20'), shall follow the construction limits boundary and shall remain intact until con-struction is complete. The specific method of fencing, entrance locations and construction limit boundaries shall be addressed in the construction program and must be approved by the DRC.

6.1.6. Insurance and Bonding: Prior to start of any construction activity, the Owner shall obtain insurance, and ensure that the contractors and professionals on the job are licensed and bonded.

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6.1.7. Native Plant Conservation: Because OABS contains valuable vegeta-tion, topsoil and boulders, it is essential that they be protected and preserved. OABS enforces the City of Scottsdale's Native Plant Preservation Policy and the standards set forth shall be strictly followed. Penalties against the Owner will be enforced in cases of noncompliance.

6.1.8. Occupational Safety and Health Act Compliance (OSHA): All applicable OSHA regulations and guidelines must be strictly observed at all times.

6.1.9. Operating Hours and Seasons: Construction shall not be permitted outside of the following hours, except with the prior approval of the DRC:

Monday Through Friday

May 1 – September 30 6:00 AM – 5:00 PM October 1 through April 30 7:00 AM – 5:00 PM

Saturdays until 2:00 PM No construction is permitted on Sunday.

No floodlights or nighttime construction activity will be permitted unless ap-proved by the DRC.

6.1.10. Permits: The Owner is responsible for securing and displaying all building

permits required by the City of Scottsdale or other applicable municipalities.

6.1.11. Repairs—Streets and Other Property: If damage to or scarring of roads or other property occurs, including but not limited to streets, driveways, parking lots or Parcels, golf courses, open areas, vegetation, rock outcroppings, signs, gates or other property, it must be repaired or restored immediately by the Owner or the person causing the damage, or restored promptly at the expense of the Owner. If at the discretion of the DRC, after one (1) week, the damage has not been restored or repaired, the DRC may have the damage repaired and the ex-penses billed to and paid by the Owner.

6.1.12. Sanitary Facilities: The Owner shall be responsible for providing adequate sanitary facilities for construction personnel. Portable or similar temporary toilet facilities shall be located only on the site itself or in areas approved by the DRC.

6.1.13. Temporary Construction Signage: To maintain the residential charac-ter of The Boulders and to minimize the visual clutter that unlimited construc-tion signage can cause, all temporary construction signs must meet the follow-ing criteria:

a. Signs, if any, shall be single-faced, panel type, with a maximum area of

six (6) square feet. No additional signs may be attached to the main sign or be suspended below it, although separate sign panels that link together to form a single visual sign and meet all the requirements of this section will be acceptable. No lighting of construction signage is allowed. The design and placement of signs is subject to the approval of the DRC.

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b. Only the following information may appear on a construction sign: 1. Builder’s name and phone number 2. Architect’s name and phone number 3. Owner’s name and address or Lot number. 4. The two (2) phone numbers noted above are the maximum phone

numbers allowed on the sign. c. Information such as “For Sale”, “Available” or similar language, or de-

scriptive phrases such as “3-bedroom” may not appear on any con-struction sign.

d. Colors of sign backgrounds should be muted earth tones that harmonize with the desert colors rather than sharply contrast with them. Letter col-ors should relate harmoniously with the background colors while providing sufficient contrast to enable the sign to be read from approximately twenty feet (20’) away.

e. Temporary construction signs are not allowed to face any golf course.

f. Temporary construction signs must be removed at the time the house is substantially complete or when the Committee directs the sign to be re-moved.

6.1.14. Trash, Debris and Excavation Materials: The Owner shall accumu-

late and contain all trash and debris on the construction site by the end of each day. Trash and debris shall be removed from OABS at least once a week. Lightweight materials shall be weighted down to prevent the wind from blowing materials off the construction site.

6.1.15. Vehicles and Parking Areas: Vehicles shall be parked only within the construction site or in areas designated by the DRC and shall be parked so that traffic is not inhibited. Parking is prohibited on any other Parcels or Open Spaces.

6.1.16. General Practices: All Owners will be absolutely responsible for the conduct and behavior of their agents, representatives, Builders, contractors and subcontractors while on OABS property. The following practices are prohibited:

a. Allowing concrete suppliers and contractors to clean their equipment, other than at a location designated for that purpose by the DRC.

b. Using disposal methods or units other than those approved by the DRC. c. Removing any rocks, plant material, topsoil, or similar items from any

property of others within OABS, including construction sites. d. Careless treatment or removal of any desert plant materials not previ-

ously approved by the DRC. e. Careless disposition of cigarettes and other flammable materials. f. Carrying any type of firearms on the property. g. Bringing any pets onto the property.

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h. Use or transit over the golf course areas. i. Allowing spouses, friends or children into any construction area. j. Operating loud radios. k. Dumping debris. l. Parking of vehicles so traffic is inhibited or vegetation is damaged.

Vehicular traffic is not allowed in the desert areas or on the golf course without prior written permission.

m. Open fires on the Boulders property. n. Smoking in homes after they have been dry walled. o. Failing to observe all posted speed limits. p. Failing to close construction fencing when no workers are present on

the job.

The following standards of behavior are also expected:

a. Be especially cautious at all golf crossings throughout The Boulders.

b. Be on alert for residents that walk or bicycle on the roadway and yield to all golf carts.

c. Implement barricades and traffic control when needed.

6.2. CONSTRUCTION PROGRAM The Construction Program is a part of the Design Development Submittal and is ap-proved at that time.

6.3. CONSTRUCTION AUTHORIZATION CERTIFICATE

Before construction may commence, the Builder must arrange for a pre-construction meeting with the Community Association Manager. All supporting documents, in-cluding the CD of final approved plans and the reduced-size drawing set called out in 2.4.4., and the Construction Deposit will be required at that time.

6.4 CONSTRUCTION DEPOSIT AND TRUST ACCOUNT FOR NEW CONSTRUCTION If the project is new construction or a rebuild, the Construction Deposit must be placed in a trust account. The costs are shared between the Owner and the DRC, and interest earned is deposited into the account. If the second formal on site review reveals no deficiencies, violations or de-viations from approved plans, the Construction deposit will be promptly returned to the Owner, less any unpaid amounts due the OABS.

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If the second review reveals non-complying issues, the deposit will re-main in trust until re-inspection establishes that there are no outstanding issues, except that if after 180 days, the project is still out of compliance, the deposit must be released from the trust account to the OABS. The DRC may decide to release a portion of the deposit to the Owner while there are still outstanding issues

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7.0: DEFINITIONS

7.1. Architect: A person appropriately licensed to practice architecture or landscape architecture in the State of Arizona.

7.2. The Owners Association of Boulders Scottsdale: The home owners association for the Master Planned Community within the City of Scottsdale. Property boundaries are formed by Scottsdale/Tom Darling-ton Road, Westland Road, Hayden Road and generally the northern boundary of the City of Scottsdale.

7.3. Board: The Board of Directors of the OABS.

7.4. Builder: A person engaged by an Owner for the purposes of constructing any Improvement on the Owner's Lot or Parcel. The Builder or Owner may be the same person or entity.

7.5. Building Envelope: That portion of a Lot or Parcel which encom-passes the maximum allowable developable area of the Lot or Parcel.

7.6. CC&Rs: The OABS Declaration of Covenants, Conditions and Re-strictions.

7.7. Construction Deposit: A potentially refundable security deposit from the Owner to ensure compliance with the approved plans, to pay for any damage to the Common Area., and to pay for other moneys due the association associated with the construction, such as fees, expenses, fines, and assessments. Section 11.3.2 of the CC&R’s contain a more complete list of the items that can be charged against the de-posit. . Moneys due the OABS in excess of the deposit remain the responsibility of the Owner.

, 7.8. City: The City of Scottsdale, Arizona, in the State of Arizona.

7.9. Design Guidelines: The restrictions and procedures relating to the entire Boulders project and published separately, as adopted and enforced by the DRC, and as amended from time to time by it.

7.10. Design Review Committee: The Design Review Committee (DRC) established pursuant to the OABS CC&Rs.

7.11. Estate Lots or Parcels: Lots or Parcels designated as such by the DRC, which have been specifically approved to accommodate Guest Hous-es.

7.12. Excavation: Any disturbance of the surface of the land (except to the extent reasonably necessary for planting of approved vegetation), including any

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trenching which results in the removal of earth, rock or other substance from a depth of more than twelve inches (12") below the natural surfaces of the land, or any grading of the surface.

7.13. Fill: Any addition of earth, rock or other materials to the surface of the land, which increases the natural elevation of such surfaces.

7.14. Guest House: A Structure separate from the main Residence to pro-vide sleeping facilities for one (1) or more guests.

7.15. His or Him: All references to his or him are not meant to be gender spe-cific.

7.16. Improvement: Any changes, alterations or additions to a Lot or Parcel including any Excavation, Fill, Residence or buildings, outbuildings, roads, driveways, parking areas, walls, retaining walls, stairs, patios, courtyards, hedges, poles, signs, and any Structure or other Improvement of any type or kind.

7.17. Lot: A subdivided Lot or Parcel or other building site as shown on the Plat or record for the various units.

7.18. Native Species: A species of plant, whether ground cover, shrub, cactus, or tree, which is listed in Appendix A–1, or from time to time referenced in the Design Guidelines.

7.19. Natural Zone: That portion of the natural desert that must remain un-disturbed.

7.20. Natural Area Easement: The Easement required by the City of Scottsdale to preserve the Natural Areas of a Parcel.

7.21. Open Space: All land, Improvements, and other properties now or hereafter designated as such on the Plat, or the CC&Rs or the Association Rules.

7.22. Owner: The Owner of a Lot or Parcel. For the purposes herein, the Owner may act through his designated agent, provided that such agent is authorized in writing or by law to act in such capacity.

7.23. Patio Envelope: The portion of any Lot or Parcel that is limited to ar-chitectural and landscape elements such as walls, pools, patios, barbecues and spas. All such Improvements and any alterations to the existing landscape must occur within the Envelope. Buildings or accessory buildings are not permitted. Walls that enclose patios must comply with the Amended Development Stand-ards written for OABS for that unit type and zoning district.

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7.24. Parcel: A portion or plot of land.

7.25. Private Area: That part of the Building Envelope which is surrounded by walls as described in Section 4.2.3 and in which plants not contained in Ap-pendix A–3 may be planted.

7.26. Protected Plants: Those Native species of trees or cacti of a certain size as protected by Arizona and City of Scottsdale law. See www.scottsdaleaz.gov/codes/nativeplant.

7.27. Residence: Any building or buildings, including any garage or other ac-cessory building used for residential purposes, constructed on a Lot or Parcel, and any Improvements constructed in connection therewith. Unless otherwise defined, "Residence" shall mean a single-family Residence.

7.28.Restored Natural Area: Areas damaged by previous construction that are restored to a natural state by transplanting and/or planting native mate-rials in densities that replicate natural conditions.

7.29.Structure: Anything constructed or erected on a Lot or Parcel, the use of which requires location on the ground or attachment to something having loca-tion on the ground.

7.30.Tennis Court: Tennis Courts are defined as the playing surface and the area in which the tennis ball must fall in order to be in play. The Tennis Court for singles and doubles play shall be construed as the in-play area for doubles. The end of the court means the baselines of the Tennis Court parallel to the net.

7.31.Transitional Zone: That part of the Building Envelope adjacent to a Natural Zone as described in Section 4.2.2 and in which only plants contained in Appendices A–1 and A–2 may be planted.

7.32.Visible from Neighboring Property: An object or activity on a Lot or Parcel which is or would be in any line-of-sight originating from any point six feet (6’) above any other property, including other Lots or Parcels.

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8.0 APPENDICES

Appendix A–1 Natural Zone and Transitional Zone Plant Palette

Appendix A–2 Semi-Private Zone Plant Palette Appendix A-3 Prohibited Plant Materials Appendix A-4 Native Plant Inventory Appendix B Maximum Lot Coverage Worksheet Appendix C Wash Channelization Techniques Appendix D Design Review Application

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APPENDIX A-1 NATURAL ZONE AND TRANSITIONAL ZONE PLANT PALETTE

Botanical Name Common Name

TREES:

Acacia greggii Catclaw Acacia, Devil’s Claw Cercidium floridum Blue Palo Verde Cercidium microphyllum Foothills Palo Verde, Little Leaf Palo Verde Chilopsis linearis Desert Willow Canotia holacantha Crucifixion Thorn Olneya tesota Ironwood Prosopis velutina Native Mesquite SHRUBS:

Ambrosia ambrosioides Canyon Ragweed Ambrosia deltoidea Bursage Atriplex canescens Four-Wing Salt Bush Calliandra eriophylla Fairyduster, False Mesquite Celtis pallida Hackberry Dalea formosa Feather Dalea Encelia farinosa Brittlebush Ephedra trifurca Mormon Tea Eriogonum fasciculatum Desert Buckwheat Haplopappus laricifolius Turpentine Brush Hymenoclea salsola Cheese Weed Hyptis emoryi Desert Lavender Justicia californica Chuparosa Krameria parvifolia Ratany Larrea tridentata Creosote Bush Lotus rigidus Desert Rock Pea Lycium andersonii Lycium Lycium fremontii Wolfberry Simmondsia chinensis Jojoba Trixis californica Trixis Viguiera deltoidea Goldeneye Ziziphus obtusifolia Graythorn

CACTI & YUCCA:

Camegiea gigantea Saguaro, Giant Cactus Echinocereus englemannii Hedgehog Cactus, Strawberry Cactus Ferocactus wislizeni Barrel Cactus, Fishhook Barrel Fouquieria splendens Ocotillo

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Mammillaria microcarpa Pincushion Cactus, Fishhook Cactus Opuntia acanthocarpa Staghorn Cholla, Buckhorn Cholla Opuntia bigelovii Teddybear Cholla Opuntia fulgida Chainfruit Cholla, Jumping Cholla Opuntia leptocaulis Christmas Cholla Opuntia phaeacantha Pricklypear Yucca baccata Banana Yucca, Blue Yucca, Datil Yucca elata Soaptree Yucca, Palmilla, Spanish Bayonet WILDFLOWERS & GROUNDCOVERS:

Abronia villosa Desert Sandverbena Argemone plicantha Prickle Poppy Baileya multiradiata Desert Marigold Berlandiera lyrata Chocolate Flower Dyssodia porophylloides Dyssodia Erigeron divergens Spreading Fleabane Lupinus spairi lorus Lupine Melampodium leucanthum Blackfoot Daisy, Desert Daisy Orthocarpus purpurascens Owl Clover Phacelia campanularia Desert Bell Psilostrophe cooperi Paperflower, Paper Daisy Rafinesquia neomexicana Desert Chicory Salazaria mexicana Bladder Sage Sphaeralcea ambigua Globe Mallow, Desert Mallow Verbena gooddingii Native Verbena Zinnia grandiflora Little Golden Zinnia, Desert Zinnia

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APPENDIX A- 2 SEMI-PRIVATE ZONE PLANT PALETTE The DRC has found the plants included in the following list to be inherently compatible with the natural desert existing within OABS and encourages their use. Any species not contained herein or, not found within the Natural Area and Transitional Area Plant Palette may not be planted or installed within the Semi-Private Areas of the OABS community without written ap-proval from the DRC, after which the species may be included as an approved species for that submission only. All species of cacti are acceptable for use within the Semi-Private Areas of the OABS community, as are any species not listed below which have been found to be indig-enous to the area of OABS.

Botanical Name Common Name

TREES:

Acacia abyssinica Abyssinian Acacia Acacia aneuria Mulga Acacia Cavenia Acacia cavenia Vachellia caven Acacia constricta White Thom Acacia, Mescat Acacia Acacia ebumia Needle Acacia Acacia farnesiana Sweet Acacia, Huisache Acacia greggii Catclaw Acacia, Devils Claw Acacia millefolia Santa Rita Acacia Acacia Pennatula Acacia occidentalis Acacia schaffneri Acacia smallii Sweet Acacia Acacia willardian White Bark Acacia Acacia pennatula Fern-Leaf Acacia Acacia salicina Cooba Acacia stenophylla Shoestring Acacia *Juniperus monosperma One-seed Juniper Caesalpinia cacalaco Cascalote Caesalpinia mexicana Mexican Poinciana Caesalpinia platyloba Bird-of-Paradise Caesalpinia pumilla Copper Bird-of-Paradise Chilopsis linearis 'Art's Seedless' Desert Willow Chilopsis linearis 'Bubba' Desert Willow Chilopsis linearis Lucretia Hamilton Lucretia Hamilton Desert Willow Chilopsis linearis Warren Jones Desert Willow Warren Jonea Celtis pallida Desert Hackberry Celtis reticulata Netleaf Hackberry, Palo Blanco, Sugarberry Cercidium “Desert Museum” Hybrid Palo Verde Cercidium floridum Blue Palo Verde Cercidium microphyllum Foothill Palo Verde, Little-Leaf Palo Verde Cercidium praecox Palo Brea, Sonoran Palo Verde Chilopsis linearis Desert Willow, Desert Catalpa Havardia pallens (P. Pallens) Sierra Sparkler™ Tenaza Lysiloma candida Desert Fern Lysiloma thornberi Fern-of-the Desert Olneya tesota Ironwood Nicotiana glauca Tree Tobacco

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Pithecollobium brevefolium Apes Earring Pithecollobium flexicaule Texas Ebony Pithecollobium mexicana Mexican Ebony Pittosporum phylliraeoides Willow Pittosporum Prosopsis alba White Mesquite, Argentine Mesquite Prosopsis chilensis Chilean Mesquite Prosopsis glandulosa Texas Honey Mesquite Prosopsis juliflora Common Mesquite, Honey Mesquite Prosopsis pubescens Fremont Screwbean Rhus ovata Sugar Sumac Sambucus nigra ssp. Cerulea (S. Mexicana) "Elder, Elderberry, Black Elder, Sophora secundiflora Texas Mountain Laurel European Elder" Sophora affinis "Eve’s Necklace, Texas Sophora" *Ungnadia speciosa Mexican Buckeye Vitex agnus castus Chaste Tree, Monk’s Pepper *Zizphus obtusifolius Graythorn SHRUBS: Abutilon incanum Indian Mallow Abutilon palmeri Indian Mallow Abutilon pringlei Indian Mallow Acacia angustissima Fern Acacia, White Ball Acacia Acacia craspedocarpa Leather Leaf Acacia Agave Species Century Plants, Spanish Bayonets Aizoaceae Species Ice Plant Aloe Species Aloe Alyogyne huegelii Blue Hibiscus Aloysia lycioides White Brush Aloysia wrightii Wright's beebrush; oreganillo Anisacanthus quadrifidus v. brevilobus Mountain Flame Anisacanthus quadrifidus v. wrightii 'Mexican Flame' TM Flame Honeysuckle Asclepia subulata Desert Milkweed Atriplex canescens Four-Wing Salt Bush, Cenizo, Chamiso, Atriplex hymenelytra Desert Holly Atriplex lentiformis Quail Brush, Lens Scale, White Thistle Atriplex

mulled Atriplex mulleri Mueller's Saltbush Atriplex nummularia Old Man Salt Bush Atriplex polycarpa Desert Salt Bush, Cattle Spinach, All Scale Atriplex

rhagodioides Atriplex rhagodiodes "Silver Saltbush, River Saltbush" Atriplex torryi Desert Salt Bush (Atri Lex Lentiformis var. Torryi) Berberis haematocarpa Red Barberry, Red Mahonia Bougainvilla species Bush Bougainvillea Buddleja marrubifolia Wooly Butterfly Bush, Summer Lilac Bulbine frutescens Bulbine Bursera microphylla Elephant Tree Bursera fagaroides Elephant Tree Caesalpinia gilliesii Yellow Bird Of Paradise Caesalpinia mexicana Mexican Bird of Paradise Caesalpinia paraguariensis Tranquility Tree

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Caesalpinia pulcherrima Mexican Bird Of Paradise Calliandra califomica Fairy Duster Calliandra eriophylla Fairy Duster, False Mesquite Calliandra penninsularis Fairy Duster Canotia holacantha Crucifixion Thorn Cassia artemisioides Feathery Cassia Cassia biflora Texas Cassia Cassia candoleana New Zealand Cassia, Cassia circinnata Cassia circinnata Cassia Cassia goldmannii Cassia Leptophylla Cassia leptophylla Gold Medallion Tree Cassia nemophylla Green Feathery Cassia Cassia oligophylla Outback Cassia Cassia philodinea Silver Cassia, Cassia purpussiae Cassia purpussiae Foothill palo verde Cassia stirtii Sturts Cassia Cassia wislizeni Shrubby Cassia Cercocarpus montanus Mountain Mahogony Chrysactinia mexicana Damianita Cleistocactus candellila Candellilla Clianthus formosus Sturts Desert Pea Cordia boissieri Texas Olive Cordia parviflora Cordia Dalea bicolor Indigo Bush Dalea capitata “Sierra Gold” Sierra Gold Dalea Dalea formosa Feather Dalea Dalea frutescens “Sierra Negra” Sierra Negra Dalea Dalea pulchra Gregg Dalea Dalea spinosa Smoke Tree, Smoke Thorn Dalea wislizeni Indigo Bush Dasyliron texanum Green Sotol Dasyliron wheeled Desert Spoons Dicliptera suberecta Velvet Honeysuckle Dondonaea viscosa Hopbush Drosanthemum speciosum “Rosa” Red Spike Ice Plant Encelia farinosa Brittlebush, Incienso Eremophilia glabra Valentine *Ephedra nevadensis Grey Mormon Tea *Ephedra species "Green Mormon Tea, Green Ephedra, Indian Tea,

Mormon Tea" Eriogonum fasciciulatum Flat Top Buckwheat Brush, California Buckwheat Eysenhardtia polystachya Kidney Wood Euphorbia rigida Gopher Plant Fallugia paradoxa Apache Plume Forestiera neomexicana Desert Olive Fourquieria splendens Ocotillo Gaura lindheimeri Gaura Hamelia patens 'Sierra Red' Firebush Haplopappus laricifolius Turpentine Bush Hesperaloe funifera Hardenbergia comptoniana Lilac Vine Hesperaloe parviflora Coral Yucca

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Holacantha emoryi Crucifixion Thorn Hymenoclea monogyra Singlewhorl Burrobrush Hymenoxis acaulis Angelita Daisy Hyptis emoryi Desert Lavender Jatropha cardiophylla Limber Bush, Sangre De Christo *Jojoba simmondsia Jojoba (regular & compacta) Justicia candicans Firecracker Bush Justicia californica Chuparosa Justicia ghiesbreghtiana Desert Honeysuckle Lantana camara Bush Lantana Lantana montevidensis Trailing Lantana Larrea tridentata Creosote Bush Laucaena retusa Golden Lead Ball Tree Leucophyllum All Species Lobelia laxiflora Lobelia Lotus rigida Deer Vetch Lycium andersonii Anderson Thornbush Lycium brevipes Thornbush *Lycium exsertum Arizona desert-thorn Lycium fremontii Wolf Bent, Tomatillo Mattenus phyllanthioides Gutta Percha Mayten Mimosa biuncifera Wait-a-Minute, Wait-a-Bit Mimosa dysocarpa Velvet Pod Mimosa Mimulus cardinalis Monkey Flower Muhlenbergia Species Deer Grass, Regal Mist Nolina bigelovii Bigelow Nolina Nolina microcarpa Bear Grass, Sacahuista Oenothera Species Mexican Evening Primrose Pedilanthus macrocarpus Lady Slipper Penstemon Species Beardtongue Plumbago auriculata Cape Plumbago Plumbago scandens “Summer Snow” Summer Snow Plumbago Quercus turbinella Scrub Oak Rhamnus californica Coffee Berry, California Buckthorn, Pigeon Berry Rhamnus crocea Redberry Buckthorn Rhus microphylla Litteleaf Sumac *Rhus ovata Sugar Bush Ruellia brittoniana “Katie” Katie Ruellia Ruellia califomica California Ruellia Ruellia pernninsularis Baja Ruellia Salvia farinacea Mealy Cup Sage Salvia greggii Texas Red Salvia Salvia chamyoriodes Blue Sage Salvia clevelandii Chaparral Sage Salvia leucantha Mexican Bush Sage Salvia leucophylla Purple Sage Senecio salignus Willow-leaf Groundsel Senna goldmannii Goldmann's Senna Senna wislizenii Shrubby Senna Simmondsia chinensis Jojoba Sophora arizonica Arizona Sophor

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Sophora secundifolia Texas Mountain Laurel Tagetes lemmoni Mount Lemmon Marigold Tecoma stans Arizona Yellow Bells, Trumpet Bush Tecoma hybrid Solar Flare Solar Flare Esparanza Tecoma X 'Orange Jubilee' "Orange' Bell, Esperanza" "Tecoma X 'Mnstapbe' Sierra Apricot® Esperanza Tecoma X Sunrise Sunrise™ Esperanza Tecoma species Tetracoccus hallii Vauquelinaia califomica Arizona Rosewood Verbena peruviana Peruvian Verbena Verbena pulchella Moss Verbena Verbena rigida Sandpaper Verbena Viguiera tomentosa Goldeneye Yucca Species Spanish Bayonet, Soap Weed, Datil Zauschneria latifolia Hummingbird Trumpet Zizyphus obtusifolia Greythorn, White Crucillo

MEDIUM AND SMALL SHRUBS: Acacia schottii Schott Acacia Acourtia wrightii Perezia *Ambrosia deltoidea Bursage Anigozanthos flavidus Kangaroo Paw Anisacanthus thurberi Desert Honeysuckle Aristolochia watsoni Arrow Root Artemisia filifolia "Silver sage, Sagebrush, Sand sage, Sand Sage-

brush" Artemisia frigida Fringed Sage Artemesia ludoviciana Silver Wormwood Artemisia powis castle Wormwood Astragalus praelongus Locoweed *Baileya multiradiata Desert Marigold Bebbia juncea Chuckawalla's Delight Brickellia coulteri Coulters Bricklebush Caryopteris X Clandonesis 'Dark Knight' Bluebeard Castilleja chromosa Indian Paint Brush Ceanothus greggii Buckthorn Chrysactinia mexicana Damianita Clianthus formosus Sturts Desert Pea Conoclinium Betonicifolium Betonyleaf Thoroughwort Crossosoma bigelovii Bigelow Ragged Flower Delphinium scaposum Barestemmed Larkspur Dichelostemma pulchellum Blue-dick Equisetum laevigatum Horsetail Eremophila X Summertime Blue Summertime Blue™ Eremophila glabra 'Mingenew Gold' Outback Sunrise Emu Ericameria laricifolia 'Aguirre' Aguirre™ Turpentine Bush *Eriogonum fasciculatum V. Poliofolium Flattop Buckwheat *Erigeron species Fleabone Daisy *Eriogonum inflatum Flat-topped Buckwheat *Eriogonum wrightii Wright Buckwheat

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Euryops pectinatus 'Viridus' Euryops Daisy Galium (Relbunium) microphyllum Bedstraw Gaura lindheimeri 'Siskiyou' Gaura Siskiyou pink Gaura lindhiemieri 'Pink Cloud' Gaura Pink cloud Gazania rigens 'Sun Gold' Sun Gold Gazania Glandularia bipinnatifida - Lavender "Dakota Mock Vervain, Dakota Verbena" *Gutierrezia sarothrae Snakeweed Hedeoma species Mock Pennyroyal Herissantia crispa Indian Mallow Hibiscus coulteri Desert Rose-mallow Hymenoclea monogyra Singlewhorl Burrobrush Hymenoclea salsola "Burrobrush, Burro Brush, Cheeseweed" Isocoma acradenia Alkaline Bush Keckiella antirrhinoides Yellow Bush Penstemon *Krameria grayi White Ratany *Krameria parvifolia Ratany Lantana camara 'Dallas Red' Dallas Red Lantana *Lotus rigidus Deer Vetch/Desert Rock Pea Machaeranthera species Aster Marah gilensis Marah Maytenus phyllanthioides Gutta Percha Mayten Maytenus phyllanthioiides Mangle Dulce *Melampodium leucanthum Blackfoot Daisy Menodora scabra Menodora Mentzelia species Stickleaf Mirabilis bigelovii Wishbone bush Nicotiana trigonophylla Wild Tobacco Perovskia atriplicifolia 'Longin' Russian Sage Porophyllum gracile Odora *Psilostrophe tagetina Wooly Paperflower Punica granatum 'Nana' Dwarf Pomegranate Rosmarinus officinalis 'Tuscan Blue' Rosemary Rhus trilobata Lemonade Bush Ruellia brittoniana 'Blanca' White Dwarf Ruellia Ruellia brittoniana 'Katie' Purple Dwarf Ruellia Russelia equisetiformis Coral Fountain Russelia X St. Elmo's Fire Red Coral Fountain Rumex hymenosepalus "Canagre, Wild Rhubarb" Salvia coccinea Cherry Red Sage Salvia coccinea 'Apple Blossom' Apple Blossom Salvia Salvia greggii sierra Linda Autumn Sage Salvia microphylla Salvia Salvia raspberry delight Raspberry Delight Hybrid Bush Sage Salvia X Trident Trident™ Sage Senecio douglasii Groundsel *Senna covesii Desert Senna *Sphaeralcea ambigua Apricot Mallow *Sphaeralcea ambigua Globe Mallow Sphaeralcea ambigua Louis Hamilton Louis Hamilton Apricot Mallow Teucrium fruticans 'Azurea' "Teucrium fruticans ""Azurea""" *Trixis californica Trixis *Verbena (Glandularia) Vervain

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*Viguiera deltoidea Golden Eye *Viguiera parishii (V. Deltoidea) Goldeneye Viguiera stenoloba Skeleton-Leaf Goldeneye *Yucca baccata Banana Yucca *Yucca elata Soap Tree Yucca Zexmenia hispida 'Devil's River' Zexem CACTI AND ACCENTS: Bulbine frutescens Hallmark Bulbine frutescens Yellow Bulbine Bulbinella floribunda Bulbine Tiny Tangerine Cereus hildmannianus Hildmann's Cereus Cereus hildmannianus v. monstrose Curiosity Plant Cereus peruvianus Night Blooming Cereus Cycas revoluta Sago Palm Dasylirion longissimum Toothless Desert Spoon Dietes bicolor Fortnight Lily Dietes vegeta Evergreen Iris Euphorbia myrsinites Euphorbia Euphorbia tirucalli Pencil Bush Ferocactus acanthodes Fire Barrel Fouquieria diguetii Adam's Tree Fouquieria formosa Tree Ocotillo Fouquieria macdougalii Mexican Tree Ocotillo Gelsemium sempervirens Yellow Flowering Jessamine Hesperaloe nocturna Night-Blooming Hesperaloe Hesperaloe parviflora hybrid "Redflower False Yucca, Red Yucca " Hesperaloe parviflora (yellow) Yellow Hesperaloe Hesperaloe parviflora - 'Brakelight' Brakelights Red Yucca "Hesperaloe X ""Perfu" Brakelights Yucca Lophocereus schottii Senita Cactus Lophocereus schottii v. monstrosus Totem Pole Cactus Manfreda maculosa Texas Tuberose Manfreda V. 'Silver Leopard' Avent Optunia species Prickly Pear Opuntia basilaris Beavertail Prickly Pear Opuntia chlorotica Pancake Prickly Pear Opuntia engelmannii Native Prickly Pear Opuntia imbricata Tree Cholla Opuntia microdasys Bunny Ears Opuntia phaeacantha Tulip Prickly Pear; Desert Prickly Pear Opuntia robusta Silver Dollar Prickly Pear Opuntia santa-rita Santa Rita Prickly Pear Opuntia spinosior Cane Cholla Opuntia violacea v. 'Santa Rita' Purple Prickly Pear Opuntia violacea v. 'Tubac' Santa Rita Tubac Pedilanthus macrocarpus Lady's Slipper Stenocereus marginatus Mexican Fence Post Stenocereus thurberi Organ Pipe Cactus Trichocereus species Trichocereus Yucca species

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Yucca baccata Banana Yucca Yucca dicipiens Palma China Yucca brevifolia Joshua Tree Yucca constricta Buckley's yucca Yucca elata Soaptree Yucca Yucca faxoniana Faxon Yucca; Spanish-dagger Yucca linearifolia Linear Leaf Yucca Yucca pallida "Pale-leaf Yucca, Pale Yucca" Yucca rupicola "Twistleaf yucca, Twisted-leaf yucca, Texas yucca" DWARF ACCENTS: Portulacaria afra minima "Porkbush, Elephants Food " PERENNIALS: *Baileya multiradiata Desert Marigold Coreopsis lanceolata Lanceleaf Coreopsis *Dyssodia porophylloides Dyssodia *Psilostrophe cooperi (tagetina) Paperflower GROUNDCOVERS/GRASSES/HERBACEOUS PLANTS: Acalypha monostachya raspberry fuzzies Raspberry Fuzzies Aizoaceae species Ice Plant Bouteloua curtipendula Sideoats Grama Bouteloua gracilis Blue Grama Bouteloua gracilis 'Blonde Ambition' Blonde Ambition Grama Grass Calylophus Hartwegii v. Fendleri Fendler's Sundrops Calylophus harwegii 'Sierra Sundrop' Calylophus Cooperia drummondii Rain Lily Coreopsis bigelovii Desert Coreopsis Cuphea llavea Bat Faced Cuphea *Erigeron 'Profusion' Profusion Fleabane Daisy Eupatorium greggii 'Boothill' Eupatoria Euphorbia myrsinites Euphorbia Festuca ovina 'Glauca' "Grass, Blue Festuca" Gaillardia 'Arizona Sun' Arizona Sun Blanketflower Gaillardia arizonica Arizona Blanketflower Gaillardia pulchella Indian Blanket Melampodium leucanthum Blackfoot Daisy Muhlenbergia dubia Pine Muhly Muhlenbergia dumosa Bamboo Muhly Muhlenbergia emersleyi El Toro El Toro™ Muhlenbergia lindheimeri Autumn Glow Autumn Glow™ Muhlenbergia rigens 'Regal Mist' Deer Grass Muhlenbergia rigida Nashville Nashville Deer Grass Muhlenbergia X 'Pink Flamingo' Pink Flamingo Muhly Nassella tenuissima (Stipa T.) Mexican Feather Grass Nolina microcarpa Bear Grass Nolina nelsoni Blue Nolina Nolina texana "Sacahuista, Bear Grass" Oenothera caespitosa White Evening Primrose

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Oenothera speciosa (O. Berlandiera) Mexican Evening Primrose Rosmarinus officinalis 'Huntington Carpet' Huntington Carpet Rosemary Rosmarinus officinalis 'Prostratus' Dwarf Rosemary Salvia sp. 'Quicksilver' TM Quicksilver Salvia Santolina virens Green Santolina Scutellaria sp 'Starrfire' Scarlet Skullcap Sedum species Stonecrop Senecio douglasii Threadleaf Groundsel *Senna covesii Desert Senna Senna lindheimeriana Lindheimer Senna Stachys byzantina Lambs Ears Stachys coccinea Betony Tetraneuris acaulis (Hymenoxys A.) Angelita Daisy Teucrium chamaedrys 'Prostratum' Creeping Germander *Thymophylla pentachaeta (Dyssodia P.) Golden Dyssodia; Dogweed Zephyranthes candida White Rain Lily Zephyranthes sulphurea Rain Lily Zephyranthes X 'Prairie Sunset' Peach Rain Lily Zinnia acerosa Desert Zinnia VINES: Antigonon leptopus Queen's Wreath Bougainvillea species Bougainvillea Campsis grandiflora 'Morning Calm' Chinese Trumpet Creeper Campsis radicans Trumpet Vine; Trumpet Creeper Cissus trifoliata Native Grape Ivy Ficus pumila Creeping Fig Hardenbergia comptoniana Lilac Vine Hedera canariensis Algerian Ivy Hedera helix English Ivy Lonicera X Americana 'Pam's Pink' Pam's Pink Honeysuckle Macfadyena unguis-cati Cat's Claw Vine Marah gilensis Wild-cucumber Mascagnia lilacina Lilac Orchid Vine Mascagnia macroptera Yellow Orchid Vine Maurandya antirrhiniflora Snapdragon Vine Parthenocissus sp. Hacienda Creeper Rancho Viejo Creeper Podranea ricasoliana Pink Trumpet Vine Rosa banksiae 'Alba Plena' White Lady Bank's Rose Rosa banksiae 'Lutea' Yellow Lady Bank's Rose Vitis arizonica Arizona Grape ANNUALS: Amsinckia intermedia Fiddleneck Amsinckia tessellata Fiddleneck Cryptantha Cryptantha Datura meteloides Sacred Datura Emmenanthe penduliflora Whispering Bells Eriogonum deflexum Buckwheat Sleltonweed Erodium cicutarium Filaree Erodium texanum Filaree

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Eschscholtzia mexicana Mexican Poppy Euphorbia species Gilia flavocincta Gilia Lysinius concinnus Lysine Lysinius sparsiflorus Lysine Oenothera species Evening Primrose Phlox tenuifolia Phlox Plantago species Plantain Rafinesquia species Desert Chicory

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APPENDIX A-3 PROHIBITED PLANT MATERIALS The following plants are objectionable and my not be planted for aesthetic reasons, their excessive pollen production, or their ability to dominate the desert plant commu-nity. NOTE: OABS reserves the right to change or amend this plant list at any time.

1. Any species of tree or shrub whose mature height may be visible above building walls or free-standing walls from adjacent properties, streets, public spaces or common areas unless it is on the Approved Plant List or is approved by the DRC (see Appendices A–1 and A–2).

2 All palms (Palmae) whose mature height may be visible above building walls or free-standing walls from adjacent properties, streets, public spaces or common areas.

3. All pines (Pines), cypress (Cupressus), false cypress (Chamaecyparis), juniper or cedar (Juniperus), whose mature height may be visible above building walls or free standing walls from adjacent properties, streets, public spaces or common areas.

4. Olive trees (Olea europaea).

5. Oleanders (Nerium oleander) and Thevetia (Thevetia species), whose mature height may be visible above building walls or free standing walls from adjacent properties, streets, public spaces or common areas.

6. Fountain grass (Pennisetum setaceum).

7. All varieties of citrus whose mature height may be visible above build-ing walls or free standing walls from adjacent properties, streets, public spaces or common areas.

8. Common bermuda grass (Cynodon dactylon).

9. Mexican palo verde (Parkinsonia aculeata).

10. Desert Broom (Baccharis sarothroides).

11. Red Bromegrass (Bromus rubens).

12. Buffel Grass (Pennisetum ciliare).

13. Tamaris/Salt Cedar (Tamarix spp.).

14. Malta Starthistle (Centaurea melitensis).

15. Saharan Mustard (Brassica tournefortii).

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APPENDIX A-4 NATIVE PLANT SALVAGE INVENTORY

Lot No: ___________________ Date Inventory Performed: ____/____/___

Inventory Performed By: _________________________________

Salvageable (Yes/No)

Plant ID # Species Cacti Height/Trunk

Diameter

Disposition (Salvage, De-

stroy or, To Re-main)

Comments

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APPENDIX B MAXIMUM LOT COVERAGE WORKSHEET

Date _____________________________________

Parcel _____________________________________ Lot _____________________________________ Address _____________________________________ Owner _____________________________________ 1. Gross Lot Area _______________ Sq. Ft. 2. Original Building Envelope __________________ Sq. Ft. 3. Lot Coverage ________________ Sq. Ft. ______ % (#3/#1) 4. Total Developed Area _____________ Sq. Ft. _____ %

(#4/#1) Definitions: Lot Coverage includes all area under roof (ground floor). Total Developed Area includes the house (Lot Coverage) and

areas enclosed by low walls and all hardscape surfaces out-side of walled areas (driveways and sidewalks).

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APPENDIX C WASH CHANNELIZATION TECHNIQUES

Many washes traverse the Owners Association of Boulders Scottsdale (OABS) from east to west. Two (2) washes have been designated as Scenic Vista Wash Corridors within the proper-ty. Both washes present a variety of conditions along their course, requiring the need for site-specific design standards. However, we have several alternatives for wash channelization that have been pre-approved by the City of Scottsdale. Building Site Filled Above Flood Line In some cases, the density or style of the housing type may warrant removal of a majority of the on-site vegetation during construction. For this and other reasons, it may be feasible to raise the building pads and rear yards to a minimum level of one foot (1’) above the 100-year-storm level. The transition back to a natural grade would be stabilized to retard erosion. Depending on the depth of the Lot and/or location of the building pad, some desert may remain untouched between the toe of the slope and the corridor boundary. In all cases, construction would not en-croach on the corridor boundary. After construction is complete, revegetation must be under-taken to bring the disturbed areas of the site back to a natural state. Building Site Outside Flood Plain In many cases, the flood plain is fairly well confined within the corridor boundary. Additionally, the site conditions and type of unit proposed may make building outside the flood plain the best solution. A typical scenario might involve a single-family, detached house on a deep Lot on which the ideal building site happens to fall outside the flood line. In this instance, no contain-ment or additional Fill to bring the site above the 100-year-storm line would be necessary. Ex-isting desert between the building pad and the wash boundary would be left completely intact. Continuous Masonry Wall as Flood Barrier Some locations along the wash pose extensive braiding problems and require narrowing of the wash boundaries to achieve road crossings or to permit any building. In this instance, a berm would be constructed between the wash boundary and the adjacent Parcel. The berm would be trenched and an integral desert-colored concrete wall would then be poured into the form. The dirt would be removed from the face of the wall along the wash side leaving a rough-formed, desert-colored masonry Structure. The top of the wall would be a minimum of twelve inches (12”) above the 100-year-storm line and in most cases should not exceed a height of two feet (2’) to three feet (3’) feet across the front. The berm would be left intact on the inside of the wall to serve as support and to preclude any visual barrier from the building site out across the wash—similar to a ha-ha wall. The wash proper will not be disturbed; therefore, vegetation ex-isting within the wash and along the opposite bank would immediately serve to obscure and sof-ten the wall from development across the wash. Where existing vegetation is sparse, it would be supplemented with additional materials transplanted from other construction areas. Addi-tionally, the wall would be designed in response to specific site conditions, undulating both verti-cally and horizontally with the terrain and around natural features.

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APPENDIX C WASH CHANNELIZATION TECHNIQUES CONT’D.

Road as Flood Barrier The situation may arise in which a portion of a private road is designed to parallel the wash. This condition is appropriate as the road can be designed to serve as a dike for the braided wash. A typical 4:1 sloped berm would be constructed from the boundary of the wash toward the adjacent property, leaving the wash proper untouched. The road would drain toward the wash, theoretically increasing the height of the berm. Water depth along the center of the road would not exceed a height of twelve inches (12”) during a 100-year storm. The road would be designed to meet City requirements. Patio Walls as Flood Barrier A final design solution would be the use of individual patio walls as a barrier to flood waters. Patio walls constructed to a minimum height of twelve inches (12”) above the 100-year-storm level would protect the rear yard from flooding. In side yards between houses, the flood waters would rise to their normal height. Drainage openings in the wall would occur wherever the wall is outside of the flood plain, or the rear yard would be designed to accommodate occasional flood water. If any portion of the house proper falls within the flood plain and is unprotected by a patio wall, the finished floor of the house would be a minimum of twelve inches (12”) above the 100-year-storm level.

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APPENDIX D DESIGN REVIEW APPLICATION (revised 5/2021)

Please complete this application and file it along with your plans and the appropriate fees. Please check the boxes below to indicate what type of review you are submitting. Please up-date the on-site manager regarding any changes to your Architect and/or contractor. By signing below, you agree to abide by the provisions of the Design Review Guidelines, including any amendments. Please make sure the contractors and the professional staff you engage for this project have copies of the Guidelines, including the amendments, and agree to abide by them.

SCOPE PHASE □ New Construction □ Building Envelope Modification □ Major Remodel > 500 sq.feet □ Conceptual Design □ Minor Remodel < 500 sq.feet □ Schematic Design □ Major Landscape/Hardscape/Pool □ Design Development □ Driveway □ Final Drawings □ Small Misc. Project Design Review Fee Included $____________________ Due at time of initial submittal Construction Fee Included $____________________ Due at start of construction Road Use Fee Included $____________________ Due at start of construction Make checks payable to: OABS (Owners Association Boulders Scottsdale). Homeowner Information _______________________________ ___________________________________ Homeowner’s Name (printed) Homeowner’s Signature _______________________________ ___________________________________ Boulders Address/Lot Number Date _______________________________________________________________________ Mailing Address

_______________________________________________________________________ City, State, Zip Code _______________________________ ____________________________________ Telephone Number (include Area Code) E-Mail Address

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Architect Information Contractor Information ___________________________________ _____________________________________ Architectural Firm Contractor ___________________________________ _____________________________________ Phone Number Phone Number ___________________________________ _____________________________________ Project Architect License Number ___________________________________ _____________________________________ E-Mail Address E-Mail Address ___________________________________ ____________________________________ Address Address ___________________________________ _____________________________________ City, State, Zip Code City, State, Zip Code Design Review and Construction Fee Schedule:

Payments Due Due at Plan Submittal Due at Start of Construction

Non-Refundable Refundable

Design

Review Fee Construc-tion Fee

Road Use Fee

Construction Deposit

New Construction $ 5,000 $ 2,000 $ 1,000 $ 10,000 Concept Design Review Only $ 500 Major Remodel > 500 sq. ft. $ 3,000 $ 1,500 $ 500 $ 2,000 Minor Remodel < 500 sq. ft. $ 1,500 $ 400 $ 300 $ 1,200 Major Landscape and Hardscape (with or without Pool) $ 750 $ 200 $ 800

Driveway $ 250 $ 100 $ 400 Small Miscellaneous Project $ 250 Plan Resubmittal Fee (each beyond the 2nd) At Cost

Paint No Charge Example: New construction total is $8,000 Non-Refundable, $10,000 Refundable if no penalties are incurred.

The above-referenced Design Review fees are based on projects following the usual review pro-cess. Additional costs incurred by the Design Review Committee regarding a specific project, such as review of repeated submissions, project revisions after approval, and repeated re-inspections, are the owner's responsibility and may be deducted from the construction deposit.

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Construction Deposits (Refundable) The refundable deposit is returned pending review of any possible damages to roads, curbs, in-frastructure, desert, and landscape surrounding the site; or in the event, the project is not built per the approved plans. The refundable deposit may also be used for any fees which exceed the initial DRC Fee amounts. Fines First Offense …..……………………………………… Written Notice and Warning Second Offense ……………………………………………. $200.00 per Occurrence Additional Offenses ….. Accrual of $10.00 per day/per offense on top of initial $200.00 per the

OABS enforcement policy. Neighbor Notification (Applicable on New Home Construction, Major Remodels, Addi-tions, Walls & Fencing) The Association will send written notification to neighbors who may be affected by your submit-tal, giving them the opportunity to view the submittal and respond to the OABS Design Review Committee with any questions or concerns prior to approval of the final set of plans. Comments directed to the DRC from neighbors may include facts appropriate for the DRC to consider dur-ing the approval process. If deemed necessary by the DRC, the letters will be sent by the OABS via Certified Return Receipt to lots within 300 feet of your lot; the USPS postage costs will be added to your account for reimbursement. Construction Schedule Anticipated Start Date of Project: ___________________________ Please indicate the number of days needed to complete the project: ______________________ FEE & DEPOSIT DEFINITIONS Fees are used to cover Association expenses, including, but not limited to, normal architect fees for reviewing plans, legal costs, secretarial/administrative services, wear and tear on roads and other facilities outside of the construction site, and damage to common areas. MAJOR REMODELING: Any redesign or modification involving 500 square feet and over. MINOR REMODELING: Any redesign or modification involving less than 500 square feet. DESIGN REVIEW FEES: A non-refundable amount to be paid to the OABS upon submitting the application and first set of plans for a project. These fees are necessary to reimburse The Own-ers Association of Boulder Scottsdale for expenses that the Association incurs to cover the cost of the services of the Association's consulting Architect for virtually every modification. The Design Review Fee schedule was established to cover up to three (3) reviews of a set of plans; (1) Conceptual, (1) Design Development, and (1) Final. However, any additional charges shall be added to the owner's account and/or deducted from their Construction Deposit. Ensuring your first set of plans is detailed, complete, and accurate will help save time and money. If the project(s) require additional reviews or site visits from the DRC architects, those fees shall be added to the owner's balance. All requests shall be initially directed to the association manager. PLAN RESUBMITTAL FEE: A non-refundable amount to be paid to the OABS upon any addi-tional submittal following the usual plan review process. Fees will be applied to any revised submittal (for each beyond the second) and charged to the homeowner account when the hired

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Architect fails to respond to required revisions on any previous submittals. Any plan resubmittal fee will be charged to the homeowner based on the time invoiced by the consulting architects. CONSTRUCTION DEPOSITS: A refundable amount to be paid to the OABS at the time that the written letter of approval is given to the owner for construction work. The deposit guarantees that all rubbish and waste materials are properly disposed of and guarantee that all damage to streets, utilities, and neighboring properties has been satisfactorily repaired and that all fines have been paid. All or a portion of the deposit will be used by the OABS to correct any deficien-cies if they are not properly corrected by the owner within (10) days following completion of the construction work. The balance of the deposit will be refunded by the OABS upon application of the owner, following completion of the construction work. Checks for the deposit shall be made payable to The Owners Association Boulders Scottsdale and submitted to the Community Man-ager for the Association. ROAD USE FEE: A non-refundable fee due at the time of construction which covers the wear and tear on the common area roads during the construction project. CONSTRUCTION FEE: A non-refundable fee due at time of construction. This fee covers the cost of construction site visits (typically three reviews), gate management cost, and additional administration and security costs.