Proposed Parking Rules Update
DATE: OCTOBER 9, 2023
TO: LYON MONTERREY HOMEOWNERS
FROM: MARTHA BRYAN, COMMUNITY MANAGER
RE: PARKING RULES UPDATE
Pursuant to Civil Code §4360, the Board of Directors will be considering the proposed operating rule changes at the Board of Directors meeting to be held at the via Zoom, on Tuesday, December 19, 2023, at 6:30 pm. If you wish share your opinion regarding the proposed operating rule changes, please send your written comments to management’s office so it can be delivered to the Board prior to the Board Meeting. Alternatively, if you can attend the Board Meeting, your constructive comments will be considered by the Board of Directors prior to its making a decision on the proposed rule change. Any and all comments made at the Board Meeting will be subject to the standing rules of the Board related to member comments at Board meetings.
- The proposed rule changes are as follows:
The proposed rule change is to update the existing Parking Rules and Regulations, specifically as depicted by highlights in the document attached.
- The purpose and effect of the rule change:
The purpose of the rule change is to remove rules that are no longer applicable or enforceable, and change specific rules for uniformity with the California Vehicle Code, should enforcement be required.
- Member Comments: If you wish to provide written comment, please send your comments to Lyon Monterrey Maintenance Corporation, c/o Action Property Management, 2603 Main Street, Suite 500, Irvine, CA 92614. Please date, identify your property address, print your name and sign. Anonymous/unsigned comments will not be considered.
Please review the actual document which was also emailed, as the yellow highlights in the document below may not be visible.
Professionally Managed By Action Property Management, Inc.
2603 Main Street, Suite 500, Irvine, California 92614-4261
(949) 450-0202 (800) 400-2284 (949) 450-0303 fax
www.monterreyestates.com
Proposed Parking Rules Update
The Association’s recorded CC&R’s establish many parking restrictions, primarily within Article X, Section 10.5 Section 10.5 (d) also authorizes the Board to establish additional rules regarding parking on the private streets, including designating “parking” and “no parking” areas. These Parking Rules and Regulations supplement the parking restrictions contained within the CC&R’s and supersede all previous Board adopted parking rules.
Overnight Street Parking Restricted: Parking in the streets is primarily reserved for the use by guests. All (authorized) vehicles owned, leased and/or driven by residents and guests that are parked overnight on a street within the community (with overnight parking being defined as any time between the hours of 12:00 a.m. and 6:00 a.m.) must be parked with the flow of traffic, not parked in a no parking zone (defined as a fire lane [red curb]), in front of any driveway, at a curb corner, or within 15 feet of a fire hydrant, or in such a manner that the vehicle prohibits visibility of pedestrians and vehicles.
The main purpose of the overnight street parking restriction is to specifically encourage compliance with the CC&R requirement of using the garages for parking of vehicles and not for other purposes. Section 10.5(c) of the CC&R’s expressly states that resident vehicles must be parked in the garage.
Street Sweeping Parking Rules: No person shall park or leave standing any motor vehicle on the street during the designated street sweeping days (twice a month) during the designated hours.
Parking in Front of Owner’s Residence: To the extent possible in conjunction with these rules when using the street for parking as authorized by this section, Owners should utilize the community curb space that is closest to their home. Vehicles not parked in this fashion, will be considered in violation of the rules.
1. All vehicles owned by or within the control of an Owner or resident of an Owner’s Lot and kept in the properties must be parked in the assigned garage of that Owner to the extent of the space available; provided each Owner shall ensure that any such garage accommodates at least two (2) Authorized Vehicles having four (4) or more wheels.
2. The following vehicles are “Authorized Vehicles”: standard passenger vehicles, including automobiles, passenger vans designed to accommodate (10) or fewer people, and pick-up trucks having a manufacturer’s rating or payload capacity of 3/4 ton or less. Authorized vehicles may be parked in any portion of the properties intended for parking of motorized vehicles; however, no Owner may park a vehicle in a manner which the Association determines will restrict the passage of pedestrians or vehicles over driveways, streets or sidewalks in the properties, or extends beyond the limits of the space where the vehicle is parked.
3. The following vehicles are “Prohibited Vehicles”: (i) “recreational vehicles” (as defined in the SAMLARC Declaration), (ii) “commercial vehicles” (as defined in the SAMLARC Declaration), (iii) buses or vans designed to accommodate more than ten (10) people, (iv) vehicles having more than two (2) axles, (v) trailers, inoperable vehicles or parts of vehicles, (vi) aircraft, other similar vehicles or any vehicle or vehicular equipment deemed a nuisance by the Board,
If the vehicle qualifies as both an Authorized Vehicle and a Prohibited Vehicle, the vehicle is presumed to be a Prohibited Vehicle, unless expressly classified as an Authorized Vehicle by the Board.
Prohibited Vehicles may only be parked in an Owner’s fully enclosed garage with the door closed so long as their presence on the Properties does not otherwise violate the CC&Rs. They may be parked on the street or driveway for brief periods only to load, unload or make emergency repairs.
The applicable Public Agency shall be allowed to impose and enforce all provisions of the applicable California Vehicle Code sections or local ordinances on any private streets contained within the Properties.
4. No vehicle parked in the community shall display a “FOR SALE” sign of any kind.
5. All vehicles parked on the street must be parked parallel to the curb with the flow of traffic and no more than 18 inches from the curb from either axle.
6. Parking in designated fire lanes or within 15 feet of any fire hydrant (red zones whether they are marked or not) is a fire code violation and therefore strictly forbidden. Parking in disabled spaces and white zones is also forbidden. Violators may will be towed at the vehicle owner’s expense. No notice or warning will be given.
7. Repairs or maintenance on cars, trucks, boats or any recreational vehicles shall be completed inside the garage provided that such activity is not undertaken as a business. Such activity may be prohibited if the Board determines it to be a nuisance.
8. Owners of vehicles, which drip automotive fluids on Association property (gasoline, oil, coolant, etc.), will be required to remove the vehicle from the common area and reimburse the Association for the cost of cleaning and/or repairs. Permits will be withheld or revoked for such vehicles. All driveways must be kept free of oil/fluid and rust stains. Oil catching devices may be used under the vehicle, but must be removed from the view of the common area when the vehicle is not present.
9. Parking in front of mailboxes is discouraged and is in violation if it responsibly interferes with mail delivery or pick-up. Vehicles may not be parked within 3’ of the mailbox center post.
10. Maximum parking time on the street is limited to 96 72 hours at any one time.
11. The speed limit in the community is 10 25 miles per hour. Please obey the speed limit within the community at all times.
Parking Enforcement
Violations to the above referenced rules will be subject to the Association’s Enforcement Policy.
Violations Subject to Immediate Tow Away: Any vehicle parked in a marked fire lane, within fifteen feet of a fire hydrant (whether marked or not), blocking the flow of traffic on community streets, or in any manner which interferes with any entrance to, or exit from any lot, parcel or area owned by a member of the Association may be towed without prior notice of violation or notice of intent to tow.
With respect to all other parking and vehicle violations, the following policy shall apply:
First Offense:Warning Notice posted on the vehicle;Second Offense(within 180 days of the First Offense): The levy of a fine in accordance with the Association’s policy and procedures of fines and penalties;Third Offense:(within 180 days of the First Offense):The levy of a fine in accordance with the Association’s policy and procedures of fines and penalties; and/or
Vehicle tow away.
Fourth Offense and Subsequent Offenses: (within 180 days of the Third Offense):The levy of a fine in accordance with the Association’s policy and procedures of fines and penalties; and/or
Vehicle tow away.