Skip to content
Rio del Oro CC&Rs

Article VIII — Use of Property Within the Development and Restrictions

In addition to the restrictions established by law or by Association Rules promulgated by the Board of Directors (consistent with this Master Declaration), the following restrictions are hereby imposed upon the use of Lots, Separate Interests, and other Parcels within the Development:

Section 8.01 — Residential Property Use Restrictions

(a) General Restrictions.

(i) All residential Separate Interests within the Development shall be occupied solely for Single Family Residential Use. In no event shall a Separate Interest be occupied by more individuals than permitted by applicable law, zoning or other local governmental regulation. However ADAs and JADAs shall be permitted so long as they comply with all local ordinances and are approved, in advance, by the Architectural Review Committee, such approval not to be unreasonably withheld.

(ii) Notwithstanding the foregoing, the Declarant and its successors or assigns or any Merchant Builder shall be entitled to use the Lots or Separate Interests owned by the Declarant or by a Merchant Builder, and the residential Separate Interest located thereon, as model homes, sales offices or construction headquarters for the purpose of constructing residential Separate Interests and marketing Lots or Separate Interests within any portion of the Development until all Lots or Separate Interests owned by the Declarant or by the Merchant Builder are sold.

(iii) Each Lot and Separate Interest shall be conveyed as a separately designated and legally described fee simple estate, subject to this Master Declaration. All Lots, Separate Interests, and the Residences and other Improvements erected or placed thereon (including, without limitation, landscaping) shall at all times be maintained in such a manner as to prevent their becoming unsightly.

(iv) No more than one kitchen facility shall be installed or maintained within any Residence, other than within an approved ADU or JADU.

(b) Business Activities. No business or commercial activities of any kind whatsoever shall be conducted in any Residence, garage, or outbuilding or in any portion of any Lot or Separate Interest without the prior written approval of the Board; provided, however, the foregoing restriction shall not apply to the activities, signs or activities of the Master Association in the discharge of its responsibilities under the Governing Documents or the Declarant’s activities in connection with the Development, sale and marketing of Lots, Separate Interests, and Residences within Rio Del Oro. The business or commercial activities contemplated by the foregoing sentence expressly include, but are not limited to, any home occupation operating in violation of RCMC § 23.901.030. Furthermore, no restrictions contained herein shall be construed in such a manner so as to prohibit any Owner from: (a) maintaining his or her personal library in his or her Residence; (b) keeping his or her personal business records or accounts therein; (c) handling his or her personal or professional telephone calls or correspondence therefrom; (d) engaging in other activities related to the resident’s business profession that can be conducted from a Residence using computers and other technology so long as the home or business activities generate no traffic, noise, or involve other employees or contractors in the Residence; (e) leasing or renting his or her Residence in accordance with Section 2.02, above; or (f) conducting any other activities on the Owner’s Lot otherwise compatible with residential use and the provisions of this Master Declaration which are permitted under applicable zoning laws or regulations without the necessity of first obtaining a special use permit or specific governmental authorization. The uses described in (a) through (f), above, are expressly declared to be customarily incidental to the principal residential use and not in violation of this Section 8.01(b).

(c) Parking and Vehicle Restrictions.

(i) All driveways and garages shall be maintained in a neat and orderly condition and garage doors shall be kept in a closed position except as necessary to permit ingress and egress of vehicles or to clean or work in the garage area. Garages are to be used for the parking of standard passenger vehicles and trucks not to exceed three-quarter tons in gross weight, boats or the storage of similar items of personal property so long as such storage of personal property will not necessitate or result in the parking of vehicles on streets or regularly on driveways within the Development. Furthermore, garages shall not be converted to living quarters or workshops which will preclude the parking of vehicles.

(ii) No motor vehicle shall be constructed, reconstructed or repaired within the Development and no dilapidated, unregistered or inoperable vehicle, including vehicles without wheel(s) or an engine, shall be stored on any Lot within the Development; provided, however, that the provisions of this subparagraph (b) shall not apply to emergency vehicle repairs. If a vehicle is being repaired in a garage, the garage door shall remain closed while the repairs are ongoing.

(iii) Campers, boats, trailers, motorcycles, and trucks in excess of three-quarter tons are not to be parked in any garages or other parking areas, including driveways and public streets, within the Development, except for the purpose of loading and unloading, unless in the sole discretion of the Architectural Review Committee the Owner has an appropriate location on his or her Lot where the type of vehicle or trailer listed in this subparagraph can be parked so as to be adequately screened from view from other neighboring Lots, Separate Interests, or streets. In accordance with RCMC § 23.719.130(I), commercial vehicles shall not be parked on any residential Lot. For purposes of this restriction, a recreation vehicle shall include any van, bus, motor home or vehicle designed for off-road or recreational use which cannot be parked entirely within a garage so that the garage door can be returned to a fully-closed position or adequately screened from view at some other location on the Owner’s Lot that is approved by the Architectural Review Committee as to both screening and location.

(iv) The Board shall have the authority to promulgate as part of the Master Association Rules such further rules and restrictions regarding parking and vehicles within the Development as may be deemed prudent and appropriate.

(d) Household Pets. The following restrictions regarding the care and maintenance of pets within the Development shall be observed by each Owner and resident:

(i) A reasonable number of more common household pets may be kept on each Lot so long as the same are not kept, bred or maintained for commercial purposes. No other animals, including horses, cattle or other livestock, or poultry of any kind shall be kept, bred or raised on any Lot, Separate Interest, or in any Residence.

(ii) Dogs shall be leashed and otherwise under the supervision and restraint of their Owners when they are outside the Owner’s Lot or Separate Interest.

(iii) No household pet shall be left chained or otherwise tethered in front of a Lot or Separate Interest. Pet owners shall be responsible for the prompt removal and disposal of pet wastes deposited by their pets in the Development.

(iv) Each person bringing or keeping a pet to any Lot, Separate Interest or Residence within the Development shall be solely responsible for the conduct of the owner’s pets. The Master Association, its Board, officers, employees and agents shall have no liability (whether by virtue of this Master Declaration or otherwise) to any Owners, their family members, guests, invitees, tenants and contract purchasers for any damage or injury to persons or property caused by any pet.

(v) The Board of Directors shall have the right to establish and enforce additional rules and regulations, defining in a uniform and nondiscriminatory manner, what constitutes a “reasonable number” of pets depending on their size, disposition and/or maintenance requirements and imposing standards for the reasonable control and keeping of household pets in, upon and around the Development to ensure that the same do not interfere with the quiet and peaceful enjoyment of the Development by the other Owners and residents.

(e) Garbage. No rubbish, trash, or garbage shall be allowed to accumulate on Lots or Separate Interests. Any trash that is accumulated by an Owner outside the interior walls of a Residence shall be stored entirely within appropriate covered disposal containers and facilities which shall be located in the residence or garage or at some other location on the resident’s Lot that is screened from view from any street or neighboring Lot. In accordance with RCMC § 23.731.080(A)(6), trash containers may be placed for pickup at a reasonable time not to exceed twelve (12) hours prior to trash collection and shall be stored (and screened) as provided herein not more than twelve (12) hours after collection. Any extraordinary accumulation of rubbish, trash, garbage or debris (such as debris generated upon vacating of premises or during the construction of modifications and Improvements) shall be removed from the Development to a public dump or trash collection area by the Owner or tenant at his or her expense. The Master Association shall be entitled to impose reasonable fines and penalties for the collection of garbage and refuse disposed in a manner inconsistent with this section.

(f) Prohibition of Noxious Activities. No illegal, noxious or offensive activities shall be carried out or conducted upon any Lot nor shall anything be done within the Development which is or could become an unreasonable annoyance or nuisance to neighboring property Owners. Without limiting the foregoing, no Owner shall permit noise including, but not limited to, barking dogs, stereo amplifier systems, television systems, motor vehicles or power tools to emanate from an Owner’s Lot, which would unreasonably disturb any other Owner’s or tenant’s enjoyment of his or her Lot. The following non-exhaustive examples are expressly deemed a nuisance in violation of this subparagraph (f):

(i) Prohibited accessory structures and portable storage containers (RCMC §§ 23.734.035, 23.922.030(A)(4)).

(ii) Commercial vehicles parked upon any residential Lot (RCMC § 23.719.130(I)).

(iii) Any Owner that creates, causes, or permits any of the conditions itemized in RCMC § 16.18.1703 to exist upon his or her Lot or Residence when such conditions are visible from public property.

(g) Signs. No signs whatsoever (including, but not limited to, commercial, political and similar signs) which are visible from neighboring property shall be erected or maintained on any Lot except:

(i) signs required by legal proceedings;

(ii) no more than one identification sign for individual Residences;

(iii) no more than one “for sale” or “for rent” sign for the individual Lot on which the sign is located. The Board of Directors shall have the authority to adopt uniform rules regarding the color and appearance of signs, so long as the name and logo or other identification of a realty company is permitted to be displayed;

(iv) other signs, such as open house or garage sale signs, or signs advising of the existence of security or surveillance services, or “no solicitation” signs, the nature, size, number, and location of which have been approved in advance and in writing by the Architectural Committee or are in accordance with written guidelines which may be developed and approved by the Board of Directors;

(v) signs of the Declarant or any Merchant Builder located on any Lot or Separate Interest owned by the Declarant or a designated Merchant Builder; and

(vi) signs pertaining to political campaigns or ballot measures; subject to such reasonable rules and regulations relating to the placement and/or manner to displaying political signs or the duration for which the signs may be displayed as may be adopted by the Board of Directors.

(h) Storage. Storage of personal property on any Lot shall be entirely within enclosed storage areas or areas that are screened from view from adjacent streets, Lots or Separate Interests. There shall be no woodpiles nor storage piles accumulated on top, or outside, of any enclosed storage area.

(i) Clotheslines. No exterior clothesline shall be erected or maintained and there shall be no drying or laundering of clothes on any Lot in a manner which is visible from any neighboring Lot.

(j) Burning. There shall be no exterior fires whatsoever except for the following: (i) barbecue fires located only upon Lots or Separate Interests and contained within receptacles designed for such purpose; and (ii) outdoor fire pits located upon Lots or Separate Interests and powered by propane or natural gas. No Owner or resident shall permit any condition to exist on his or her Lot, including, without limitation, trash piles or weeds which create a fire hazard or is in violation of local fire regulations.

(k) Sports Apparatus. No basketball standards or fixed sports apparatus shall be attached to any Residence or garage or erected on any Lot or streets within the Development, unless the location of the standard or other sports fixture is in the rear-yard area of the Lot. It is the intent that this restriction also applies to portable basketball standards. When such standards are not in use, they shall either be stored out of view or, if located in the rear-yard, retracted so as not to be visible over the rear yard fence.

(l) Machinery and Equipment. No power tools, machinery or equipment of any kind shall be placed, operated or maintained upon or be adjacent to any Lot except such machinery or equipment as is usual or customary in connection with the use, maintenance or repair of a private Residence or appurtenant structures within the Development.

(m) Diseases and Pests. No Owner shall permit anything or condition to exist upon his or her Lot or Separate Interest which shall induce, breed, or harbor infectious plant diseases, rodents or noxious insects.

(n) Activities Affecting Insurance. Nothing shall be done or kept on any Lot or Separate Interest which will increase the rate of insurance relating thereto without the prior written consent of the Master Association and no Owner shall permit anything to be done or kept on his or her Lot which would cause any Improvements to be uninsurable against loss by fire or casualty or result in the cancellation of insurance on any Residence.

(o) Restriction on Further Subdivision and Severability. No Lot or Separate Interest shall be further subdivided nor shall less than all of any such Lot be conveyed by an Owner thereof. No Lot or Separate Interest, as shown on a final Subdivision Map for any portion of the Development, shall be combined with any other Lot or Separate Interest.

Section 8.02 — Commercial Use Restrictions

Any uses and limitations imposed on the use of Lots or Separate Interests that are zoned for commercial, retail and/or industrial uses shall be set forth in the Supplemental Declaration that is subsequently Recorded with respect to that Phase of the Development. In addition to the foregoing, No Owner shall create, cause, or permit any of the conditions itemized in RCMC § 16.18.1704 to exist upon the Commercial Lot and/or Buildings thereon when such conditions are visible from public property.

Section 8.03 — Visibility Restrictions at Driveways and Intersections

Areas at street corners and adjacent to driveways shall be free of obstructions to visibility in accordance with the attached Exhibit “D”.

Section 8.04 — Variances

Upon application by any Owner, the Board of Directors shall be authorized and empowered to grant reasonable variances from the property use restrictions set forth in this Article VIII, if specific application of the restriction will, in the sole discretion of the Board, either cause an undue hardship to the affected Owner or fail to further or preserve the common plan and scheme of development contemplated by this Master Declaration. In considering and acting upon any request for a variance, the Board shall follow the procedures set forth in Section 5.14 for the granting of variances from the Architectural Rules.

Section 8.05 — Enforcement of Property Use Restrictions

The objective of this Master Declaration shall be to promote and seek voluntary compliance by Owners and tenants with the environmental standards and property use restrictions contained herein. Accordingly, in the event that the Master Association becomes aware of a Design Review or property use infraction that does not necessitate immediate corrective action under Section 12.06, below, the Owner or tenant responsible for the violation shall receive written notice thereof and shall be given a reasonable opportunity to comply voluntarily with the pertinent Governing Document provision(s). Such notice shall describe the noncomplying condition, request that the Owner or tenant correct the condition within a reasonable time specified in the notice, and advise the Owner or tenant of his or her right to be heard on the matter.