Edition:
January 21, 2005
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Notices - DBA Info
Changes to shoreline policy proposed The following are proposed changes to Shorezone Policy/Lake and Marina Rule B-30 (proposed new language is printed in bold face and Proposed new rule (Rule 6.200.C) Canyon Lake residents hve 30 days to comment on this proposal.
I. Lake and Marina Rule B-30
The strip of land owned by EVMWD between the water (lake) and the rear property line of individual lots (“Shorezone”) may be used for the following purposes only:
1. For installation and maintenance of lakefront improvements (docks, seawalls, etc.) and other improvements which have been expressly approved by the Association in writing in accordance with the requirements and procedures of section 6.200 of these rules dealing with waterfront lots and for which the Association has issued a written encroachment permit;
2. For the adjacent lakefront lot residents’ (and other residents with lake access easements rights created at the time of the original subdivision of their tract) access to the lake for purposes of boating, swimming, fishing and water-sports activities;
3. Where an emergency threatening life, health or safety condition (e.g. beaching a disabled boat) requires such access;
4. Authorized users of Association lakefront access facilities, such as the Association’s beaches, docks and launch ramps, in the area of the Shorezone appurtenant to the Association access facility.
Except as provided above, no other use or access is permitted. Violation of this rule is subject to imposition of a progressive fine as follows:
1st Offense $50
2nd Offense $100
3rd Offense $200
II. Section X Special Provisions Applicable to Waterfront Lots 6.200.C
The following is a proposed new section.
6.200.C. SWIMMING POOLS AND RELATED IMPROVEMENTS (PUMPS AND POOL EQUIPMENT, FENCES, AND POOL DECKS)
1. General. Owners of waterfront lots may apply for approval to install a swimming pool and related improvements located in whole or in part on EVMWD property (the “Shorezone” as defined at Lake and Marina Rule B-30). Upon receipt of an application that satisfies all the following requirements, the ACC may consider issuing an encroachment permit that would allow the owner to install and maintain such improvements subject to any conditions imposed by the ACC and the understanding that the Owner may be required to modify or remove the swimming pool and related improvements at some future date.
2. Application Requirements. An application for ACC approval/encroachment permit for a swimming pool and related improvements upon EVMWD property will be deemed completed and submitted upon receipt by the ACC office of the following:
a. A completed application form signed by all the owners of record of the lakefront lot (form available from the ACC office).
b. Submission of an Agreement and Covenant (Running with the Land) (referred to as the “Covenant” a form of which is available from the ACC office) that has all the blanks filled in with the required information, that has a plot plan (prepared by a licensed land surveyor or licensed civil engineer) attached as an exhibit depicting the proposed improvements, their proposed location and distances from the proposed improvements to: the boundary of the lakefront lot closest to the lake; existing improvements on the lakefront lot; the nearest improvements on the lakefront lots directly adjacent to the applicant’s lakefront lot; existing improvements on the EVMWD property within 300 feet of the proposed improvements; and the 1383 msl contour. The Covenant must also have the original signatures of all owners of record of the lakefront lot accompanied by completed original notary acknowledgments for each signature sufficient to allow recordation of the document, as well as the original signatures of the EVMWD officials specified on the Covenant, again accompanied by original notary acknowledgments for those signatures sufficient for recording purposes.
c. Submission of proof of the insurance coverages required by the Covenant.
d. Subordination agreements executed by the holders of any security interest in the applicant’s lakefront lot whereby the holders of those security interests would subordinate their interests to those of the Association created by virtue of the Covenant.
e. Payment of the applicable application fee, a portion of which may be refunded if the application is not approved by the ACC. (The Association may use a portion of the application fee to obtain a title insurance policy securing the priority of the Covenant in the chain of title to the applicant’s lot.)
f. Plans, prepared by a licensed civil engineer, of the proposed swimming pool and all related improvements, detailing all proposed changes to be made to the EVMWD property. Said plans must include a description of proposed grade changes and the how any grading is to be performed. The plans must also include detailed drainage plans as well as a description of how water will be drained, pumped and diverted from the pool to the street sewer system.
g. The applicable construction deposit and completion of a Construction Conformance Agreement (form available from the ACC).
3. ACC Review. Once all the application requirements are satisfied, the ACC will review and consider the application. The ACC shall deny the application if it believes, in its sole discretion: the proposed improvements, in whole or in part, will not be in harmony with the general surroundings or adjacent buildings and structures; the proposed improvements, or any part thereof, will be contrary to the interest, welfare or rights of other lots or lot owners; there is not enough space for the proposed improvements and the anticipated future potential use(s) of the EVMWD property by owners of surrounding lakefront lots for installation of seawalls, docks and related improvements; the proposed improvements are not consistent with prudent lake management; or the proposed improvements are not consistent with the Association’s governing documents, including these rules. The ACC may also deny the application if the application is incomplete in any way or if the Association does not believe it will be able to obtain an adequate title insurance policy as contemplated by subparagraph 2(e) above.
4. Related Improvements. The ACC may approve installation of improvements typically related to and installed in connection with swimming pools. That includes pumps, pool decks and fencing. When considering whether to approve such improvements, the ACC will employ the same criteria described in paragraph 3 above. In general, habitable structures and bathrooms will not be permitted to be installed in the Shorezone.
5. Maintenance. Any swimming pool and related improvements installed in whole or in part upon the Shorezone must be maintained in a neat, attractive and sanitary condition. Failure to do so may result in the Association revoking the encroachment permit for the improvements, in which case the improvements would have to be removed from the Shorezone and the Shorezone restored to its previous condition. If the owner of the lakefront lot fails to so remove the improvements and restore the Shorezone, the Association may have that work performed in which case the owner will be responsible for reimbursing the Association for its out-of-pocket expenses, including attorneys’ fees and costs.
6. No Commercial Use. No swimming pool or related improvement upon the Shorezone may be used for any commercial purpose. This includes, but is not limited to, professional photography, movies, commercials, television, business parties and event rentals, such as where the swimming pool and related improvements or surrounding area are rented out for a wedding, seminar, anniversary party, etc.
7. Lake Protection. There shall be no contact between waters/chemicals from a swimming pool or related improvements located in whole or in part upon the Shorezone and the lake waters. The swimming pool and related improvements must be designed and built with this requirement in mind and include protections and fall backs to keep waters or chemicals from the swimming pool and related improvements from entering the lake.
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