Introduction
Aarchitectural Review Committee Mission Statement
Basis for Approval or Rejection
Guidelines
Definitions
Improvements that Require ARC Review and Approval
The ARC and Views
The ARC Review and Approval Process
Final Thoughts

Introduction:
This set of guidelines and useful information has been prepared by the current Architectural Review Committee (“ARC”) for Corona Highlands and approved by the Corona Highlands Property Owners Association (“CHPOA”).  We are sure you have seen numerous letters like this over the years but we think it is important to update the guidelines every couple years especially if there have been any changes to the guidelines or how they are being administered.  Please review the information at your leisure and feel free to contact any one of the ARC members with any questions or comments:

Michael Tyre               (949) 760-0556
Scott Tomlinson         (949) 759-9375
Carl Jeremias             (949) 720-9086

Please use us as a resource!  We want to help you optimize how you use and live in your residence and we will work with you to find solutions that meet your needs and also meet the guidelines presented below. Back to top

Architectural Review Committee Mission Statement:
The Declaration Concerning Restrictions and Improvements (recorded May 3, 1949, in Book 1837, Page 452 of Official Records of Orange County, California), hereinafter referred to as the “CC&R’s”, establishes the ARC.  Please note that the CC&R’s are valid and enforceable although there has been some sentiment expressed to the contrary.  The CC&R’s are a document recorded against all the properties in Corona Highlands, they “run with the land” and they continue through successive ownership of each property. 

The ARC is a body comprised of three persons, appointed by the Board of Directors of the CHPOA, who are homeowners in Corona Highlands. The ARC’s mission is to review and either approve or reject, by majority vote, any plans for structures, as defined below, to be erected on the lots of the Corona Highlands tract. Back to top

The Guidelines and Definitions sections below outline the basic criteria and methodology for determining whether proposed plans will be approved or rejected. Back to top

Guidelines:
Height Limit & Number of Stories – The CC&R’s define this guideline so that any residence, except lots 176-180 inclusive and lots 159-164 inclusive, should not be “over one story in height and the highest ridge or point thereof shall not be over sixteen (16) feet above the Finished Grade Level (defined below) of that point of said lot.  The lots referenced above are located on Isabella Terrace or Seaward Road and the residences built on those lots can be up to twenty-two (22) feet above the Finished Grade Level and have up to two stories. 

Based on the most recent legal action successfully negotiated by the CHPOA the ARC has been given some latitude to approve new construction, remodeling and/or alterations that exceed the Height Limit subject to evaluating the effect of such approval on specific neighbors and the neighborhood in general.

Please note that certain homes in Corona Highlands were constructed during a period when the height restriction was enforced without regard to the number of stories, provided that the sixteen (16) foot height limit was met.  These homes are considered “grandfathered” to comply with the current guidelines. 

Also, pursuant to Paragraph 22 of the CC&R’s, some twenty (20) homeowners elected, in 1974, to “opt out” of the CC&R’s.  This was a one time opportunity to withdraw from the CC&R’s and cannot occur again. These twenty homes do not have to comply with the CC&R guidelines but are still governed by the height limitation of the City of Newport Beach.  A list of the opted out properties by street number is available by request from the ARC chairperson. 

With the exception of the “opt out” lots, therefore, any new construction, remodeling and/or alteration must adhere to the current CC&R guidelines. Back to top

Definitions:
In order to better understand if a proposed plan meets the guidelines, it is imperative to understand how the different concepts in the guidelines are currently defined. 

Finished Grade Level – This is probably the most important definition and it has also been the one that has created the most confusion.  Hopefully we will be able to give you a straightforward definition of this concept for a couple different lot conditions.

As background, the highest Finished Grade Level of a lot was defined in 2000 by the Orange County Superior Court to be “at the center of any wall (foundation) of the original building on the lot”.  While this is an acceptable definition in theory it is impractical to use as a basis for determining the Finished Grade Level for an existing residence because it is very hard to survey such a point.  In practice the ARC has recently used the finished floor elevation of the slab of the main living area of the original house that was built on a lot in Corona Highlands as an acceptable proxy to the Superior Court’s definition.  Please note that we are purposely using the concept of the original home rather than the existing home because it is possible that a new home built here could possibly have a finished floor elevation that is higher than the original house and the use of a new home’s finished floor to determine the Finished Grade Level would not follow the intent of the Superior Court’s ruling. 

This would be the basis for determining Finished Grade Level for all residences including those properties where the slab of the living area is actually below the elevation of the curb.  Those properties with the living area below the curb elevation would be able to rebuild a garage within the same building envelope of the existing garage if that existing garage was built at the curb elevation.

Grade Plane – Grade Plane is a concept used by the city to explain the difference between a basement and a story of a building or residence.  Grade Plane is defined as “a reference plane representing the average of finished ground level adjoining the building at exterior walls.  Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line, or where the lot line is more than 6 feet from the building, between the building and a point 6 feet from the building.”  This is a fairly complicated concept to convey in writing but the visual depictions above show our best understanding of how to calculate the Grade Plane. 

Basement – According to the Building Code of the City of Newport Beach Building Code a basement is defined as “that portion of a building that is partly or completely below Grade Plane.” 

One Story – According to the Building Code of the City of Newport Beach Building Code one story of a building is defined as the portion of that building between the upper surface of a floor and the upper surface of the floor or roof next above.

That is the simple part of the definition.  The more important concept is how the city delineates between a two story residence and a one story residence with a basement, cellar, or unused under floor space. Currently, the city states that “a basement shall be considered as a story above grade plane where the finished surface of the floor above the basement is:

1. More than six (6) feet above Grade Plane; or
2. More than twelve (12) feet above the finished ground level at any point.

As many of you will notice, many residences in Corona Highlands are built on lots that are steeply sloped and, although they appear to be a two story residence from the lower street, they are in fact considered one story plus basement homes given the current definitions.
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Improvements that Require ARC Review and Approval
You will need ARC review and approval for any structures to be erected, modified, refurbished, remodeled, altered or changed in any way that affects the existing structural outline or appearance of such structure located on lots within Corona Highlands.  The term structures includes, but is not limited to, any buildings, sheds, garages, perimeter walls, fences, chimney stacks, or hardscape features, whether attached to the main structure or free standing on the subject property.  If you are unsure if something you are planning to do to your property fits any of the definitions above please feel free to call one of us and we will work through it together with you. Back to top

The ARC and Views
The ARC does not have the authority to preserve ocean or other views blocked by structures that meet the Height Limit and Number of Stories guidelines.  We are very hopeful, however, that property owners in Corona Highlands will respect the value of the views their neighbors currently enjoy and minimize the effect any work they propose to do will have on those views.  Corona Highlands is a very special community and it remains so because most of the homeowners here respect their neighbors and believe in upholding the principles contained in the CC&R’s. Back to top

The ARC Review and Approval Process
If you are considering doing any work on your property that requires ARC review and approval, please follow the steps outlined below:

Final Thoughts
Although we have stated it many times in this document, we want to reiterate that the ARC is here to be both a resource and a governing body that will strive to protect the interests of all the residents of Corona Highlands.  This is a strong community that is held together by a common desire among most of our residents to live in an environment where neighbors respect one another without the need for an obtrusive, overbearing and costly homeowners association like many of the neighboring communities.  The CHPOA, like the ARC, is a body made up of your peers who volunteer their time to help maintain the community as it was originally conceived without asking for excessive dues or trying to over-reach its authority.  We would ask that every resident of Corona Highlands should strive to remember why this is such a special community and support the actions of the ARC and CHPOA. Back to top