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ke'a!ohikai Table of Contents

1.0 INTRODUCTION 2

1.1 KE'ALOHIKAI 2-

1.2 DESIGN PHILOSOPHY 2

1.3 LIMITATION OF LIABILITY 3

1.4. BUILDING CODES, LAWS, STATUTES AND ORDINANCES 3

1.5 MODIFICATION OR ADDITION TO THE GUIDELINES 3

1.6 REVISIONS AND APPROVALS IN RELATIONSHIP TO PRIOR ACTIONS 3

1.6 SITE INFORMATION 4

2.0 DEFINITIONS 5

3.0 DESIGN REVIEW 7

3,1 DESIGN REVIEW COMMITTEE 73.2 PRIOR TO SUBMISSION 7

3.3 APPLICATIONPROCEDURES 7

3.4 FAILURE TO OBTAIN APPROVAL 9

3.5 APPROVAL EXPIRATION PERIOD 103.6 DESIGN VARIANCES 103.7 AT COMPLETION 10

4.0 SITE WORK 11

4.1 GENERAL 11

4.2 GRADING Ii4.3 TREES AND PLANTING MATERIALS 11

4.4 STREET TREES (including lanes) 124.5 EXTERIOR LIGHTING 124.6 EXTERIORPAVING 12

5.0 ARCHITECTURAL 14

5.1 ARCHITECTURAL DESIGN CRITERIA 145.2 MATERIALS AND COLORS 145.3 SETBACKS 145.4 EXTERNAL STRUCTURES 145.5 SCREEN DOORS 165.6 SECOND STORY ADDITIONS 165.7 ROOFS 165.8 GRANNY FLATS 165.9 GRANNY FLATS 16

6,0 APPENDIX A— DETAILED GUIDELINES 18

Design Guidelines Version 1.07— December 2,2004 Page 1 of 28

Ke'alohi Kai

1.0 INTRODUCTION

1.1 KE'ALOI-ll KftJ

The Ke'alohi Kai neighborhood is part ofthe third phase of the Ocean Pointe CommunityDevelopment, a master-planned community thatencompasses approximately 1,100 acres in

Ewa, Hawaii. The neighborhood consists of aresidential neighborhood with a mix of singlefamily and paired homes.

The purpose of the overall Ocean PointeCommunity Development is to providecompatible residential, commercial andrecreational facilities within the overalldevelopment. Design guidelines are necessaryto promote the community's evolution in a

manner consistent with the original planning anddesign principles.

The purpose of these Design Guidelinesis to preserve the special character of Ke'alohiKai, which has been attained throughconscientious planning, design and integrationwith Ocean Pointe. The Design Guidelines areillustrative of acceptable improvements andprovide an overall framework for futuremodifications and expansion. The guidelinesalso establish a sense of community identity,and balance the freedoms of the individual withthe neighborhood's collective good.

These Design Guidelines are bothprescriptive and restrictive, The residential unitsthat make up Ke'alohi Kai are permitted certainbuilding and landscape improvements based ondwelling type, available lot area, and location onsite. Other home modifications described in thisdocument include repair and renovation.

The Design Guidelines are authorizedby the Master Declaration of Covenants forOcean Pointe. Also influencing theseGuidelines are the Ocean Pointe Urban DesignPlan (UDP) and permits issued by the City andCounty of Honolulu, including the Department ofPlanning and Permitting (DPP). Thesedocuments may be amended from time to time.Documents are available for viewing through theDesign Review Committee.

Should conflicts occur between the

1.0 fritroduction

Design Guidelines and those listed above, themore restrictive shall control.

1.2 DESIGN PHILOSOPHY

Kealohi Kai is based on subdivisionmaps with specific model units located on eachlot by the master developer. Each model has aunique combination of standard floor planlayouts, mirrored floor plans, alternate elevationtypes, home options, garage options, colors andother standards that enhance the individualcharacteristics of each lot and model type.These model specific combinations andindividual site characteristics are preservedthroughout these design guidelines.

Kealohi Kai is developed as a plannedcommunity under the City & County of HonoluluLand Use Ordinance for Planned Development-Housing (PDH File No. 2003/PDH3).Requirements of the PDH have beenincorporated into subdivision maps, legaldocuments and these design guidelines.Additional PDH requirements may apply prior toor at the time of other permitting actions by theCity & County of Honolulu, limiting the ability tochange or modify existing conditions.

Each individual lot and model create anunique home package that is part of aninnovative neighborhood that has been plannedwith influences by both the master developerand the City & County of Honolulu. As part ofthe PDH approval, Ke'alohi Kai has re-introduced desirable elements of traditionalneighborhoods that include a greater emphasison neighborhood cohesiveness, tree lined

streets, pedestrian walking routes, trafficcalming, privacy in rear yards and the aestheticsof homes in relation to the overall outdoor publicspace.

Streets, sidewalks, and landscaping arearranged to provide a pedestrian friendlyenvironment. An important element of theplanning is the use of private lanes that enhancethe views and pedestrian routes along the treelined public street. Garages for certain homesare located along lanes, allowing the fronts ofmany homes to have covered front porches orlanais and windows facing the internal publicstreets. The garage location eliminates thepredominant two walls' of garages borderinginternal streets that are currently in most

Design Guidelines version 1.07— December 2,2004 Page 2 of 28

Ke'&ohi Ka! 1.0 ntroduction

subdMsions. The streetscape of Ke'alohi Kaiconsists of an interesting variety of homefacades, covered anais and shade trees.

-The home and garage arrangement

provides a rear yard environment with enhancedprivacy that has greater separation fromneighboring rear properties while providing theopportunity to meet and know property ownerson all sides of your home.

Ke'alohi Kai is a master plannedneighborhood that has common area facilities,common parks, parking, landscaping and streettrees that provide common use, shade, shelterand visual interest.

The Kealohi Kai planning and design isthe culmination of a careful balance of goodplanning and architecture. It is cohesivelydeveloped by a single entity, using a consistentvocabulary of materials, shapes, forms andspaces. The Design Review Committee (DRC)is committed to assuring that futureimprovements are fully compatible with theoriginal design intentions, from functional andaesthetic standpoints.

These Design Guidelines are anexpression of that commitment.

1.3 LIMITATION OF LIABILITY

The DRC is authorized by the MasterDeclaration of Covenants for Ocean Pointe andis initially set up by the Master Developer.

The DRC's approval of an Applicationfor Design Review reflects its review forcompliance with these Design Guidelines in

terms of appearance only. The Owner isresponsible for the structural soundness ofconstruction and compHance with all governingcodes and laws. The Master Developer, Boardand the DRC are not responsible for theconstruction, or any work that does not complywith applicable laws.

In the review and approval of proposedimprovements, the Master Developer and theDRC are not warranting that improvements willbe:

a. lndMdually pleasing to all parties:

b. Architecturally sound;

c. Structurally sound;

d. Economically sound;

e. Fit for its intended purpose:

f. Useful for any purpose; or

g. In compliance with any buildingcodes or other laws, regulations, rules,or ordinances including, withoutlimitation, the provisions of the FairHousing Act or Americans withDisabilities Act.

1.4. BUILDING CODES, LAWS, STATUTESAND ORDINANCES

DRC approval of any addition oralteration does not relieve the Owner of theOwner's responsibility to comply with applicablelaws. Structural additions must be designed tocomply with the building and zoning codes of theCity and County of Honolulu in effect at the timeof the intended work. The Owner is responsiblefor obtaining all the necessary permits from theappropriate agencies prior to thecommencement of any proposed work.

1.5 MODIFICATION OR ADDITION TOTHE GUIDELINES

These Design Guidelines coverimprovements and items that the MasterDeveloper and Developer anticipate may bepresented to the DRC for approval. However,the Design Guidelines do not attempt to coverevery possible improvement or item that couldbe presented to the DRC. Accordingly, the DRCmay modify, clarify or enhance these DesignGuidelines from time to time, includingpromulgating additional guidelines to coverimprovements or items not currently covered bythese Design Guidelines.

1.6 REVISIONS AND APPROVALSRELATIONSHIP TO PRIOR ACTIONS

IN

Prior actions or approvals by the DRCdo not guarantee approvals or consideration forany other application. Changes in DRC orgovernmental interpretations or regulations thatnecessitate changes in DRC policy and reviewprocedures shall be strictly enforced.

Design Guidelines version 1.07— b ber 2, 2004 Page 3 of 28

Ke'alohi Kai

1.6 SITE INFORMATION

Location: Intersection of Kapolei Parkway andKaileole'a Drive, Ewa Beach, Oahu, Hawaii.

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County: Honolulu

District: Ewa

Zoning: A-i, R5

1.0 !ntroduction

Design Guidelines Version 1.07 — December 2,2004 Page 4 of 28

2.0 Definitions

results in the removal of earth or rock.

2.0 DEFNBTONS

Air Conditioners. Air handlers, compressors,ductwork and all associated piping areconsidered part of the air conditioners.

Board of Directors or Board. The Board ofDirectors of the Master Association.

Building Area. Area of the building 'footprintas defined by the City LUO and/or BuildingDivision for the purpose of calculating lotcoverage.

Building Code. The Building Code of the City.

City. The City & County of Honolulu.

Declaration of Covenants, Conditions, andRestrictions. The Declaration of Covenants,Conditions and Restrictions for Ke'alohi KaiCommunity Association.

Design Review Committee (DRC). DesignReview Committee created pursuant to theMaster Declaration of Covenants, whose duty itshall be to consider and act upon all

construction, repair and other improvementactivities in Ocean Pointe.

Design Alteration Package (DAt'). The DAP isa restrictive covenant on file with the City thatlimits the allowable building location, area andheight for additions for each lot.

Developer. Ke Noho Kai Development, LLC, alimited liability company, and any of itssuccessors, successors-in-title, or assigns.

DPP. The City's Department of Planning andPermitting.

Dwelling Unit (DU). A single family residenceor an individual single family component of apaired home with a single kitchen, constitutingan independent housekeeping unit for a family.

Easement. Private or common lands dedicatedfor a specific use, in which other uses are limitedor not permitted.

Enclosed Private Yard. An Enclosed PrivateYard is the fenced area between the garage anddwelling unit on lots that are accessible througha rear lane. It also means the fenced rear orpartial side yard areas of dwelling units that arenot serviced by rear lanes.

Excavation. Any disturbance of the surface ofthe land (except temporary for planting) which

Existing Grade. The topography of ihe Lot atthe time the lot is conveyed from the Developerto the original purchaser.

Fill. Fill is the addition of rock or earth materialsto the surface of the land, which increase theprevious elevation of such surface.

Finish Grade. The finish grade is the elevationas certified on grading plans.

Granny Flat. An option available on a limitednumber of lots identified on City subdMsionmaps as GF (Granny Flat). These lots allow akitchen area in expanded rooms that areseparated by a fire rated wall from detachedgarages provided lot areas and utilities areadequate.

Improvements. The result of any and all workto improve real property including, but not limitedto, buildings, patios, garages, driveways, fences,retaining walls, swimming pools, landscaping,and utilities.

Ke'alohi Kai Community Association.Ke'alohi Kai Community Association, Inc., thecommunity association for Ke'alohi Kai.

Landscape. Completed improvements thatmeet the Landscaping section of theseGuidelines.

Lot. Any legally subdivided parcel of land,together with all improvements constructedthereon.

Lot Coverage. The percentage or ratio of theLot covered by building area (as defined in theLUO).

LUO. The most current Land Use Ordinance ofthe City and County of Honolulu.

Pointe Residentialorganized underHawait, and its

Master Declaration of Covenants.Declaration of Covenants, Conditions,Restrictions for Ocean Pointe (Residential).

Owner. The person, persons or legal entitywhich hold the record fee simple title to any

Design Guidelines VersIon 1.07 — December 2,2004 Page Sot 28

Ke'a!ohi I(ai

Master Association. OceanCommunity Association, Inc.,the laws of the State ofsuccessors or assigns.

Theand

Master Developer.Hawaii corporation,successors-in-title, orOcean Pointe,

Haseko (Ewa), Inc., a

and its successors,assigns, developer of

ke'a!ohi Ks! 2.0 Definitions

Dwelling Unit but excluding in all cases anyentity holding an interest merely as security forthe performance of an obligation. Owner shallnot include the Master Developer concerningany Lots owned by the Master Developer.

Paired Homes (Duplex). A duplex unitcomprised of two attached single family homes.

Plot Plan. The plan indicating the lot,surrounding properties and streets, metes andbounds, easements, locations of buildings, andother improvements thereon. The ApprovedPlot Plan shall be that which is duly stamped asapproved by the City as pad of the buildingpermit for any Lot.

Private Yard. Yard arees, including EnclosedPrivate Yards, located on lots that haveresidential units.

Property Line. The line separating the propertyfrom other properties, streets, and othereasements.

Retaining Wall. Any structure used for thepurpose of containing or supporting anyembankment, fill or other earthen form.

Service Lane. Also Rear Lanes, Private Lanes.Easements to the sides of and behind dwellingunits that are dedicated for vehicular andpedestrian access and utility purposes.

Standard Options. These are options offeredto the original buyer and are described in theoptions package for each type of building, asapproved by the City and Developer. StandardOptions are only approved for exact match inmanufacturer, design, dimensions, texture,color, and installation.

Total Area. The total area of all floors of allstructures on lots measured to the outer face ofwalls, supports and balconies. Unroofedstructures flush with finished grade shall not beconsidered part of total area.

Traffic Sight Line Distance Area of Control.The area at street intersections or bends whichis controlled by the Honolulu Department ofTransportation Services. Construction andlandscaping in the prescribed Area is limited inheight to allow adequate sighilines for motorists.

Design Guidelines Version 1.07— December 2.2004 Page 6 ci 28

Ke'a!ohi Kal 3.0 Design Review

3.0 DESIGN REVIEW

3.1 DESIGN REVIEW COMMITTEE

3.1.1 The Master Declaration ofCovenants authorizes the formation of the DRC,which is charged with preserving the visualcharacter of developments within Ocean Pointe.It regulates all improvements which affect visualcharacter—primarily the exteriors of buildingsand landscaping—to maintain consistency withthe intentions of the original designs. Approvalrequirements, methods and procedures may berevised at the sole discretion of the MasterAssociation or DRC. All applications mustcomply with the Design Guideline requirementsin effect at the time of submittal.

3.1.2 The DRC shall consist of three tofive members and may, but need not, includearchitects, engineers or similar professionals.

3,1.3 The DRC has jurisdiction over allconstruction, additions, alterations or repairs onany portion of Ke'alohi Kai. The DRC isresponsible for reviewing all applications forconstruction, additions, modifications, and siteimprovements visible from streets or neighboringproperties.

3.1.4 Notwithstanding the provisions ofParagraph 3.1.3, the DRC shall not havejurisdiction to review improvements to a DwellingUnit that are installed or constructed by theMaster Developer or Developer for the originalpurchaser of the Dwelling Unit. In addition, theDRC shall not have jurisdiction to review anyimprovements to a Dwelling Unit, the plans forwhich are submitted by the Master Developer orDeveloper to the DRC on behalf of the originalpurchaser of a Dwelling Unit prior to the closingof the sale of such Dwelling Unit to the originalpurchaser (the "Pre-Approved Plans"). All PreApproved Plans submitted to the DRC shallmeet the documentation and size requirementsof Paragraph 3.3.7 hereof but shall otherwise beexempt from the provisions of Sections 3.2, 3.3,and 3.4 of these Design Guidelines. Forpurposes of Section 3.5 of these DesignGuidelines, the "official date of approval" of anyPre-Approved Plans shall be the closing date ofthe conveyance of the Dwelling Unit to theoriginal purchaser.

3.1.5 The Master Association is

empowered to enforce the provisions of theMaster Declaration with respect to requiringcompliance by any Owner, who must rectify anyviolations at the Owner's own expense. If theOwner fails to do so, the Master Associationmay enforce the provisions of these DesignGuidelines at the Owner's expense, includingcosts of rectification, removal, and attorney'sfees.

3.2 PRIOR TO SUBMISSION

3.2.1 Before submitting an Applicationfor Design Review, the Owner or the Owner'sdesign professional shall ascertain ascompletely as possible that the proposed workcomplies with the Master Declaration ofCovenants, the LUO and the Building Code, aswell as requirements of other permits issued bythe City or other agencies.

3.2.2 The DRC's approval must beobtained before any submittal to the City. Failureto do so may result in the rejection ofapplications of permits by the City until DRCapproval is granted.

3.2.3 [Reserved.]

3.2.4 The DRC will not consider anyapplication from an Owner who is not in goodstanding, i.e., has outstanding violations ol theMaster Declaration of Covenants, Declaration ofCPR, or of these Design Guidelines.

3.2.5 All applications for Minor and FullPermits require the consent of adjoining propertyowners prior to acceptance by the DRC forreview. For the purposes of this section, theterm 'adjoining property owners" shall be limitedto those adjoining owners that share a comrrionwall or in the case of end units, a side yard withthe applicant and shall not include owners thatshare a rear yard with the applicant.

3.3 APPLICATION PROCEDURES

3.3.1 Application. Owners must submitone completed copy of the Application forDesign Review for each proposed improvement(or group of improvements to be implemented atthe same time), together with the documentsoutlined in this section. Application forms canbe obtained from the representativemanagement company agent for the Ocean

Design Guidelines Version 1.07— Decernber2, 2004 Page 7 of 2e

ke'alohi kal 3M De&gn Review

Pointe Master Association.

3.3.2 Prehminary Review. In specialcircumstances, where a proposed improvementis uniquely different or not covered under theseDesign Guidelines, a preliminary review may berequested. Such applications shall beprominently marked For Preliminary Review oneach sheet of drawing or other attacheddocument and be accompanied by one half ofthe appropriate fee prescribed in this section.

3.3.3 The required documentation forpreliminary review shall be prepared at aconceptual or schematic design level sufficientto illustrate the general nature and scope of theproposed work, including information onmaterials, finishes and colors.

3.3.4 The DRC will approve ordisapprove Applications for Preliminary Reviewat its sole discretion. Upon approval, the Ownermay proceed with the full application bysubmitting the balance of the required reviewfee, together with the required documents.

3.3.5 Fees. Each application must beaccompanied by the appropriate review fee.

A. Standardized Permit:$25.00. Replacing or adding gutters, screendoors, flagpoles, antennas or gates.

Permit: $50.00.B. Maintenance and Repair

No fee will be charged if thework replaces existing materials and colors withidentical materials and colors.

C. Minor Permit: $100.00.For site improvements and structures as listedbelow:

4. Driveway slabs.

5. Lanai/patio slabs

6. Landscaping.

7. Storage Cabinet.

6. Any other structure orby the DRC to require

P. Full Permit: $200.00. Forbuilding and structural work entailing additionsand modifications to the building or structure andgarage, regardless of construction cost:

1. New consiruction.

2. Any improvements orstructures not previously described, or deemedby the DRC to require a major permit.

E. Resubmittal. There is nocharge for the initial resubmittal in response tothe DRC's comments. An additional 50% of theoriginal fee will be charged for any subsequentresubmittal, or for any resubmittal involvingchanges substantial enough to be considered anew design.

F. Consultants' Fees. If theDRC determines that an Application for DesignReview requires the review of e professionalconsultant, including architects, engineers andother professionals, the DRC may charge theconsultant's fees to the Owner (in addition to theDRC's basic review fee); provided that beforeany consultant review is commenced, anestimate of the consultant's fee shall bedetermined and approved by the Owner in

writing. The consultant may be a member of theDRC.

G. DRC Expenses. The DRCmay charge any costs that are incurred by theDRC or its members in connection with theDRC's review of an Application for DesignReview. Such costs or expenses shall be inaddition to the DRC's basic review fee and anyconsultant's fee.

3.3.6 Review. The DRC reviewprocess begins when the application and all

required drawings and documents are receivedby the DRC.

3.3.7 Documentation Requirements.

A. Maintenance and RepairsPermit. Even if no fee is required, submit:

Design Guidelines Version 1.07 — December 2,2004 Page 8 of 25

improvement determineda minor permit.

1. Roofing.

2. Painting.

3. Siding and trim.

4. Windows and doors.

5. Planting.

6. Driveways

7. Paving.

8. Fences or walls.

1. Walls, fences.

2. Retaining walls.

3. Pools, Spas.

ke'a Job! Kai 3M Design Review

1. Three copies of a PlotPlan (scale: 1 inch = 20 feet or es otherwiseacceptable to the DRC) indicatingdiagrammatically the extent of the proposedFvleintenance and Repair work.

2. Material and colorsamples, mounted on8 1/2" xli" cards.

B. Minor Permit—Architectural.Submit three copies of the following documents:

1. Plot Plan (scale: 1

inch = 20 feet). The location of proposedattachment or structure must be clearly indicatedon the Plot Plan. Submit a roof plan showing thelocation of proposed roof attachments, ifapplicable.

2. Drawings and/ormanufacturers' product brochures. Detail designdrawings must be submitted for any customdesign of any permanent structure. The originalproduct brochures are required for any ready-to-install products.

3. Material and colorsamples, mounted on 8 1/2" xli" cards.

C. Minor Permit—Landscaping. For landscape improvements,three copies of the following are required:

1. Plot Plan (scale: 1

inch = 20 feet). The location of all landscapeand paving work, with names of new plantingmaterials, must be shown. In addition,information concerning irrigation systems,drainage, lighting or any changes in utilityservices shall be submitted as applicable. Ifgrading work requires drawings signed by alicensed professional, such drawings shall alsobe submitted.

0. Full Permit. Submit threecopies of the following documents:

1. Plot Plan (scale: 1

inch = 20 feet). The footprint of proposedaddition or alteration must be clearly indicatedon the Plot Plan. Any change in grading mustalso be indicated.

2. Building Plan (scale:1/4 inch = 1 foot). Drawings, at the 'schematicdesign /design development" level of detail,properly drafted, showing any structuralmodifications, square footage additions,electrical work, drainage and any other pertinentinformation necessary for the DRC to review the

proposed changes. If such modification requiresthe signature of a licensed professional to befiled with the City and County of Honolulu'sDPP, the drawings submitted to the committeemust also bear the signature of the samelicensed professional.

3. Building Elevations

(scale: 1/4 inch = 1 foot). Drawings of allexterior elevations of addition showing roofpitches, eave height, overall roof height,materials and colors. The color scheme oforiginal structure must be indicated.

E. Size of Drawings.

1. All Specifications,

warranties, product literature, correspondenceand similar information: 8 1/2" X 11" (U.s. lettersize) paper.

2. Applicantssubmit the remaining drawings andin one of the following sizes:

8-1/2" x 11"

11" x17"

24" x 36"

30" x 42"

3.4 FAiLURE TO OBTAIN APPROVAL

3.4,1 Written approval from the DRCmust be obtained prior to the start of any work.A building permit issued by the governmentdoes not constitute DRC approval.

3.4.2 If an Application for DesignReview is submitted after work has commenced,the Application Fee shall be two times thenormal fee.

3.4.3 If an Application for DesignReview is subsequently refused by the DRC dueto the Owner's failure to comply with theseGuidelines, the Owner shall remove any workdone at the Owner's own cost, pursuant to theMaster Declaration of Covenants. The DRC willnot modify the approval process or thestandards in the Design Guidelines solelybecause an Owner has started work, arrangedfinancing, entered into construction orinstallation contracts, or received approvals fromother agencies.

Design Guidelines Version 1.07— December 2,2004 Page 9 o128

shalldocuments

Ke'a!olii kal 3.0 Design Review

3.5 APPROVAL EXPIRATION PERIOD

3.5.1 Once an Application for DesignReyiew is approved, the applicant must startconstruction within six calendar months of theofficial date of approval, or the approval will bevoid and a resubmittal will be required. All siteand building work shall be completed within onecalendar year of the date of Approval, or anextension is required to be filed with the DRC.

3.5.2 If the commencement of work orconstruction completion is delayed, the Ownermay submit an Application for a six monthExtension of Time. The total amount of time tocomplete improvements, including timeextensions, shall not be greater than eighteencalendar months from the official date ofapproval.

3,5.3 No further extensions of timewill be permitted.

3.6 DESIGN VARIANCES

3.6.1 An Owner may submit anApplication for Design Review that consists ofproposed improvements that are not specificallycovered in these Design Guidelines, but thatfollow the spirit and intent of the DesignGuidelines

3.6.2 Procedures and fees indicatedfor Preliminary Review shall apply.

3.6.3 If the proposed improvementhas significant merit, the DRC may issue anapproval together with a Variance Approvalnotice.

3.6.4 The DRC may use suchprecedents to update these Design Guidelinesfrom time to time.

3,7 AT COMPLETION

3.7.1 The Owner is required tocomply with all applicable building permitrequirements including providing certification tothe DRC, if requested or required as a conditionof approval by the DRC, that the permit hasbeen closed within 30 days of such notice.

3.7.2 All work both in progress andcompleted must substantially comply with DRCapproved documents including providingcertification by the Owner, if requested or

required as a condition of approval by the DRC,that the completed work substantially complieswith DRC approved documents within 30 days ofsuch notice.

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Ke'alohi Kai

4.0 SITE WORK

4.1 GENERAL

4.0 Site Work

adverse effect on the Owner's private yard andany affected adjacent private yards.

4.3 TREES AND PLANTING MATERIALS

4.1.1 All landscaping must beapproved by the DRC, in compliance with theMaster Declaration of Covenants. Owners mustmaintain their property drainage andlandscaping to the standards and conceptsestablished by the original design.

4.1.2 Private Yards fronting the mainpublic street, parks or easements shall bemaintained in a manner consistent with itsoriginal design, so that the appearance of thestreetscape is kept consistent. The lawn areashall remain in the same location.

4.1.3 The Owner shall accept thecondition of the lot "as is and shall beresponsible for making required landscapeimprovements within the period stipulated in thegoverning documents.

4.1.4 The Owner or occupant shallchoose plant materials from the PlantingMaterials List contained in these DesignGuidelines. When landscape improvementsrequire extensive grading and time beyondthose specified herein, a formal application fortime extension and grading permit must besubmitted to the DRC.

4.2 GRADING

4.2.1 All grading, excavation, fill andsite work shall be done only in accordance withapproved drawings and at the expense of theOwner. Excavation, footings or drainage areasextending beyond property lines will require thewritten permission of the affected adjacentproperty Owner(s) and are normally not allowed.All fill materials brought to site must be free oftermites and deleterious matter.

4.2.2 Whenever excavation or fillcreates an unstable bank condition, the Ownershall take appropriate action to control andretain the embankment. All retaining wallscreated shall comply with the requirementsspecified in these Design Guidelines. If gradingcauses the destruction of existing drainageswales or alters the natural drainage patterns, itshall be the Owner's responsibility to correct any

4.3.1 Trees shall not be planted withinthree feet (3') of property lines and utility lines,walls, building foundations and overhangs.Ke'alohi Kai perimeter lots shall have additionaltree setback requirements. Perimeter lotsinclude those lots adjacent to Papipi Road,Papipi Drive, ocean park areas, proposed golfcourse lots, and other lots with rear yards orlanes that are adjacent to external boundaries.Perimeter lot tree setbacks shall be as follows:five foot (5') side yard setbacks and fifteen foot(15') rear yard setbacks, measured from theproperty line. Care should be taken in plantingyoung trees near side and rear fences orproperty lines. As trees mature, the canopies ofbranches and foliage grow dramatically and caneasily infringe on neighboring properties.Property owners are responsible for limiting theheight and canopy of mature trees to preventoverwhelming neighboring properties orunnecessarily closing them in, Please exercisegood judgment and be mindful and considerateof your neighbors.

4.3.2 Root barriers shall be installedwhere trees are planted in the vicinity ofadjacent properties, building foundations orwalls, Trees with aggressive root systems, largeor high canopies, or which drop large quantitiesof leaves or fruit, such as Monkey Pod, Banyan,Autograph Tree, Breadfruit and Mango, shall notbe planted in Private Yards. Poisonous plantsand vegetable gardens are also not permitted.

4.3.3 Unless required by the City, nptrees shall be planted in Traffic Sight LineDistance Area of Control.

4.3.4 Trees shall be kept trimmed andin good condition. All trees within a Private Yardare the Owner's responsibility to maintain andreplace if they become diseased or die. Treeswithin common areas will be maintained by theapplicable community association. Trees shallbe pruned to avoid foliage touching any part of adwelling unit or structure. Trees in Private Yardareas shall not exceed 25 feet. Except for treesprovided by the Developer in private rear lanes,tree canopies may not extend across fence linesinto adjacent properties or common areas.Common area trees shall generally be limited to

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Ke'alohi kai 4.0 Site Work

a height of 25 feet, except for larger treesplanted by the Developer of Ke'alohi Kai.Regular maintenance and trimming will helpkeep trees healthy and in compliance of theseDesign Guidelines.

4.3.5 Shrubs or hedges along fencelines are to remain in place. It is theresponsibility of the Owner to maintain theplanting materials to the standards required byDPP. The hedges are to be at least 30 inchestall and not higher than the top of the fence line.

4.3.6 Rear service lane landscaping.Trees, grass areas, ground cover and hedgesare to be maintained in the original locations andquantity as originally provided by the Developer.

4.3.7 Hardscape in rear service lanes.The rear service lanes and roadways in Ke'alohiKai have been carefully designed to provide anaesthetically pleasing environment forpedestrians and others using the lanes. In orderto preserve the original intent of the design,paving is only allowed for the width of garagedoors or gates. All spaces or intervals betweengarage doors or gates shall remain landscaped.

4.3.8 Fences and retaining walls. Allfences provided to the Owner shall remain.Fences and wall guidelines are primarily forreplacement purposes. No additional fencing isallowed. All replscement fences are to match theoriginal material, finish and color. No chain linkfences or metal fences are allowed. Solidexterior walls or retaining walls shall comply withAppendix A — Wall and Fence DesignGuidelines.

4.4 STREET TREES (including lanes)

4.4.1 Street trees are located withinthe main public street and along lanes to provideshade, control solar radiation, promote walkableneighborhoods, moderate the climate, buffertraffic and bther noise, provide habitat for birds,and to enhance the architectural character of aneighborhood by softening the effect ofstructures, promote visual formality andaesthetic interest, and screen undesirable views.Street trees along the main public road arerequired by governmental regulations. Additionor removal of street trees are generally notapproved and may require both DRC andapplicable government approvals.

4.4.2 Trees that are planted in rear

service lanes or roadways serve a similarpurpose as street trees within the public right ofway. Trees are required planting according tothe City approvals. Trees within the rear servicelane and roadway areas are to be maintained ata height limit of 25 feet.

4.4.3 No trees planted by the MasterDeveloper shall be removed or cut down withoutprior approval by the DRC.

4.5 EXTERIOR LIGHTING

4.5.1 No light source (i.e.,shall be visible from the streetneighboring dwelling units.

4.5.2 All exterior lighting shall besubdued or shielded to prevent glare onsurrounding properties end streets. Fixtures withfull cutoff shields are preferred.

4.5.3 The following types of lightingare permitted: low voltage, low-to-the-groundlighting installed for landscaping accents;security lights, provided that any security light,including motion-sensitive lighting, must be ofresidential grade (not industrial or commercial)and must match the color of the house or trim;and fluorescent lighting, provided that thesefixtures must have an apron around the outsideof the light which matches the surface to which itis attached and must block the light I glare toneighboring units and must restrict the lightsource to the Owner's Dwelling Unit. All relatedwiring must be furred or hidden from view.

4.5.4 Mercury vapor and low/highpressure sodium lamps are prohibited.

4.6 EXTERIOR PAVING

4.6.1 Paving materials shall benatural concrete, natural stone or tiles in earthtones. Owner is responsible for assuring thatdrainage patterns remain unaltered.Recommended materials:

A. Uncolored concrete withsand, trowel or broom finish; stamped concretein earth tones; brick paving tiles in earth tones.

B. Other permanent paving

materials, natural stone, or tiles with mattefinishes, in neutral or muted earth tones,

4.6.2. Stairs and pathways may be

Oesign Guidelines Version 1.07— Oecemher 2,2004 Page 12 cr28

the lamp)or from

Ketalohikai 4.0 Sfte Work

tiled subject to DRC review.

4.6.3 Asphaltic concrete is notpermitted except in rear service lanes androadways as provided by the Developer.

4.6.4. Carpeting, artificial turf, paintedsurfaces, metallic or other similar materials andnon-earth tone colors are not permitted.

4.6.5. Private Yard (Front) Paving.Paving materials in Private Yards cannot exceedthe width of an approved front fence gate, and isto extend parallel to the side yard. Pavingmaterials are limited to the planter area onlyand are not to extend into the predeterminedlawn or grass areas.

4.6.6. Enclosed Private Yard (Rear)Paving. Paving materials in Enclosed PrivateYards are allowed subject to DRC review.

4.6.7. Drain Inlets. Rear lane draininlets and other drainage inlets connected to therear lane drainage system are commonelements. No connection or alterations areallowed and drainage patterns must bemaintained.

Design Guidelines Version 1.07— December 2,2004 Page 13 of 28

Ke'alohi !Cai SM Arch!tectura

5.0 ARCH}TECTURAL

5:1 ARCHITECTURAL DESIGN CRITERIA

5.1.1 Introduction. The design criteriaare organized in two parts. The Section 5guidelines are general and conceptual, whileAppendix A contains detailed guidelines.

5.1.2 Standard Options are onlypermitted when approved and constructed aspart of the original construction.

5.1.3 An application for design reviewmust be submitted in all cases.

5.1.4 Applications for designs that

vary in layout, materials and square footagefrom the original construction will be consideredon their individual merits. Owners seekingvariances are to submit a written description ofthe specific issues in addition to the submissiondrawings specified herein.

5.2 MATERIALS AND COLORS

5.2.1 Your neighborhood has beencarefully designed as a planned housingdevelopment with the same high qualitymaterials for all the units regardless of the pricerange. For this and other reasons, all structuraladditions, alterations and new construction mustuse materials that are substantially similar tothose in the materials section in theseguidelines. All materials used for improvementsshall be termite and fungus-free and shall not bepreviously used.

5.2.2 Exterior colors have beenapproved by the DRC and, if applicable,governmental authorities. In general, variationsfrom color are not allowed. A variance in

material or color will be considered at thediscretion of the DRC if an approved material orcolor is discontinued, or if a proposed newmaterial will enhance the aesthetic appearanceof each development subject to DRC approval.

5.2.3 Once an approval has beengranted by the DRC, no substitution of materialsor colors is permitted. Changes must besubmitted with a new Application.

5.2.4 Other than routine maintenanceand touch-up (less than 10% of the total surface

area), including repainting with an existingoriginal color, approval is required for painting,including painting to match existing colors.When a building addition is required to matchthe existing structure, the Owner will be requiredto carry the new paint to a natural breaking pointin the building such as a corner, change inplane, or a change in materials, in order to blendwith the existing paint. Gloss paint or reflectivefinishes are not allowed. All paints are to be flat,satin or semi-gloss finishes.

5.2.5 When replacing existing roofingor repainting the exterior of a unit, the originalcolor scheme combination must be preciselymatched. No 'mix and match" of colors fromdifferent color schemes will be permitted.

5.2,6 Exterior wiring, plumbing,piping, ductwork or concealed chases shall notbe attached to the exterior of any dwelling unit orstructure. All wiring, plumbing, piping orductwork shall be installed within the interior ofthe building, in concealed attic spaces or withinexisting wall cavities.

5.3 SETBACKS

5.3.1 All setbacks that apply to theoriginal construction also apply toimprovements. The Owner cannot erect anyaddition that encroaches into any setback,easement or other restricted area shown onapproved building permit plot plans or DesignAlteration Package (DAP) on file at the DPP.

5.3.2 Additional Paired HomesSetbacks. Additions, building extensions, lanaiextensions, vents and external attachments forPaired Homes shall be located a minimum offive feet from common property lines unlessinstalled as part of the original construction.

5.4 EXTERNAL STRUCTURES

5.4.1 Items visible from NeighboringProperties and Streets. All items visible frcmneighboring properties end streets shall followthe criteria stipulated in this section. Any itemnot covered by this guideline shall be subject toreview and approval by the DRC.

5.4.2 Dog Houses and StorageCabinets, Dog houses, storage cabinets andother improvements are only permitted n

Enclosed Private Yards. Dog houses and

Design Guidelines Version 1.07— December 2,2004 Page 14 ot 26

ke'a!ohi Kai 5.0 Architectural

prefabricated, non-metallic storage cabinetslocated in Enclosed Private Yards are to complywith all applicable building codes, are not bevisible from the street or pedestrian walkways,?nd are to be less than 6 feet in height.

5.4.3 Laundry and Clothes Drying

Areas. Cotheslines may be used in fencedEnclosed Private Yards provided they are lessthan 6 feet in height and not visible fromadjacent units.

5.4.4 Barbecues. Barbecues shall beconcealed from view from streets and commonareas. The applicable setbacks for the propertyshall also apply to built-in structures. Thefollowing features are prohibited:

A. Open flame barbecue pits.

B. Smokeannoyance to adjacent residents.

that causes

C. Storage of tanks of cookinggas that may be a fire hazard or prohibited bycode.

5.4.5 Lanai Drop Blinds. Lanai dropblinds are allowable on rear lanai areas only.Blinds shall be uniform in manufacture, stylecolor and pattern. Individual property Ownersare responsible for ensuring that the blinds aremaintained in proper working condition and aretied down in high winds to avoid ceusing noiseor visual annoyance to adjacent residents.

5.4.6 Mail Boxes and Other DesignElements. All mailboxes and exterior designelements shall remain as originally provided bythe developer. Reflective matedals may not beused for house numbers. All other materials andsurface must be finished with paint orspecialized coatings to withstand the elements.

5.4.7 Solar Units and Exhaust Vents.The following installations are permitted:

A Solar units are to be

installed on the roofs of detached garages.Solar Units are to be installed flush to the roofsurface, below the peak of the roof and shallproject no greater than 12" from the surface ofthe finished roofing materials. Paired Homeinstallations shall not be installed closer than twofeet from the common property line.(Exceptions: Only in the event that solar unitscannot be installed on Paired Home garages,due to the roof configuration on commonproperty line garages, solar units can beinstalled on the rear half of second floor roofs

that are sloped toward the common propertyline).

B. Exhaust Vents are allowedprovided they are no greater than 12" above theroof plane, below the peak of the roof andlocated to the rear of the home.

5.4.8 Signage. Signage is subject tothe LUD as well as signage guidelines.

5.4,9 House Numbers and Signage.All signs shall comply with applicable signagelaws. The following signs within Lots arepermitted:

A. House numbers thatcomply with City ordinances. The type of housenumbers shall be the same for all units andmatch the numbers provided.

by legal proceedings.B. Signs that may be required

C. "For Sale" or "For Rent"signs having a maximum face area of foursquare feet each, referring only to the propertyon which it is located. Only one sign perdwelling unit is permitted.

5.4.19 Window Tinting and ReflectiveSurfaces. Non-opaque, nonreflective, windowtinting installations are permitted provided theymeet guidelines established by the DRC. Noreflective finishes or paints shall be used on theexterior of a house visible from the street oradjacent properties. Owner is responsible formaintaining tinting and that it is aestheticallypleasing.

5.4.11 Tents ard Temporary Structures.Tents and temporary structures are not allowedexcept as described within the Declaration ofCovenants. Tents and temporary structuresshall not be attached or fastened to snycommon area element or fence.

5.4.12 Lanai and Entry Enclosures.Lanai and entry enclosures are not allowedexcept in the rear yard areas of EnclosedPrivate Yards. Screened lanais are allowed inEnclosed Private Yards, provided the addition orexpansion complies with the design guidelinesfor permanent structures.

5.4.13 Air conditioners. Wall mountedair conditioning units are not permitted except inenclosed rear yard area of Enclosed PrivateYards provided they are installed below 3 feet inheight and comply with building code. No air

Design Guidelines VersIon 1.07— Decernber2, 2004 Page 15 or2a

Ke'aloh! Kal 5.0 Architectural

conditioner may be installed in any window.Free standing air compressors for central airconditioning are allowed only as provided in theoriginal construction.

• 5.4.14 Antennas and TransmissionReception Dishes. Antennas or dishes may beinstalled in the rear yard portion of EnclosedPrivate Yards or to the rear of the home.Installations in the rear yards should be installedat a haight that does not exceed the height ofthe fence line. Installations on the home shouldbe installed on the eaves of the lowest roof. TheDRC will allow additional height allowances tothe extent an acceptable quality signal cannotbe obtained from these locations. Plansshowing the type of antenna (includingdimensions and specifications), the location ofthe proposed antenna or disk, and the name ofthe television service provider shall be submittedto the DRC.

5.4.15 Pools. In ground pools areallowed in rear yard areas of Enclosed PrivateYards. Above ground pools are not allowed.

5.4.16 Hot tubs. Above ground, pre-manufactured hot tubs are allowable in rear yardareas of Enclosed Private Yards. Should hottubs be approved, Owner is responsible formaintaining hot tub in working condition and thatit is aesthetically pleasing. Owner is responsiblefor determining that the hot tub complies withelectrical service requirements.

5.4.17 Flag Poles. A maximum of two 3foot by 5 foot U.S. or Hawaii State flags may bedisplayed on a single projecting (angled)flagpole (not to exceed 6 feet) on the front orrear of a home over a porch, door or otherappropriate location at or below the roof eaveline. Flagpoles are not permitted on detachedgarage structures. The top of the flagpole maynot be higher than 9 feet above the front doorentry slab elevation. Freestanding flagpoles arenot permitted on residential lots.

5.5 SCREEN DOORS

5.5.1 Screen doors shall be a

traditional conservative design generallystraight, with clean vertical and horizontal designwithout any ornamentation and must be of anon-reflective surface matching the paint trimcolor of the door jamb or white in color. Thescreen door design shell be as indicsted in

Appendix A. Absolutely no security screendoors are approved.

5.6 SECOND STORY ADDITIONS

5.6.1 To preserve the architecturalcharacter of Ke'alohi Kai, existing view planesand sight lines for each property, second flooradditions or height increases are not permitted.Covered and uncovered second floor decks areallowable expansions subject to DRC approval.

5.7 ROOFS

5.7.1 New roofs must replicate theoriginal design in form, material and color. Theroof pitch shall match that of the Dwelling Unit.Roofs made of fabrics (canvas, PVC tarpaulins,etc.) are not permitted.

5,7.2 Downspouts must be located soas to discharge the runoff entirely within theproperty as original designed. Downspouts areto be located at the corners of buildings. Guttersand Downspouts attached to paired homes areallowed to be located and to discharge intoadjacent Paired Home lot areas only as providedfor in the original construction or as specified inmaintenance documentation. All gutters anddownspout locations must be clearly shown onthe roof plan and Plot Plan submitted with theapplication.

5.8 GRANNY FLATS

Lots identified on City subdivision mapsas 'Granny Flat" or "GF" units are allowed tohave kitchen areas within living areas sharing acommon wall with a detached garage structure,provided they comply with Design Guidelinesand City requirements, and offsite utilities areadequate. The maximum area for the GrannyFlat shall be the lesser of 500 square feet,maximum building area or other limitsattributable to the configuration of a specific lot.

5.9 ADDITIONAL PARKING STALL

Additional Parking Stall. An additionalparking stall may be constructed on certain lotsat Ke'alohi Kai depending on the garage typeand options selected for the lot. In order topreserve the architectural character of Ke'alohi

Pesign Guidelines Version 1.07— Oecember 2,2004 Page 16 of 28

ketalohi ICai 5O Architectura

Kai, an eligible lot must be accessible by a rearservice lane and any additional parking stall mayonly be located at the rear of the eligible lot(adjacent to the garage structure). Any suchparking stall shall be constructed of pouredconcrete. Notwithstanding the foregoing, for any170 and 200 series lots, such lots shall have aminimum lot width of 35 and 37 feet,respectively, as measured along the rear fenceline at the location originally constructed byDeveloper as shown on the plot plan.

Design Guidelines Version 1.07— December 2,2004 Page 17 of 2a

Ke'alohiKai GM Appendix A

6.0 APPENDIX A— DETAILED GUIDEUNES

Design Guidelines Version 1.07— December 2,2004 Page 18 of 28

Ke'a!ohilCai 6.0 Appendix APlanting Guidelines Page 1 of 3

Trees Under TreesFlowerhie and Noti Flowering Flowering and Non Flowering

Bottle Brush-Red A]k-piceButton Wood HarpuTha-TulipwoodCoral Tree Hong Kong Orchid TreeDwarf Poinciana-TB. Italian CypressFalse Olive KouHawaiian ICou MbKalamona-S crambled Eggs Silver Button TreeKou-Haole-Geiger Tree Silver Trumpet TreeL,icrnum Vitae-TH. Stemmadenia-Gardenia TreePak Lan Tecoma-VarietiesPink TecomaPlwneria-Vafieties-T,H.Podocarpus-YH.Pony TailPua KerñkeniRed Spnrge-T.H.S frawberry GuavaWiliwili

Fruit Trees Grasses AllBananaCifrus-Variefies-T.H. BermudaDwarf Banana-T. H. CentipedeJaboticaba El ToroPapaya-T.H. Seashore PaspalumPomeanate St. Augustine

SyngoniwnWalking hisZoysia- El Toro and Z-3

Many ground covers and iiines require regular maintenance to prevent over growth and invasionto adjoining properties -

Design Guidelines Version 1.07— December 2,2004 Page 19 of 25

ke'alohiKai 6O Appendix APlanting Guidelines Page 2 of 3

Ground Covers Vines

African IrisAgapanthusAloe Vera Asparagus FernFalse Heather Bleeding Heart VineFoxtail Asparagus Fern Cats ClawGolden Glory Clero denclrum VineHearts and flowers Creeping FigHeather iphimiaHemigraphis HaupalaHinahina Jasmine-VarietiesImpatients — V arities l4aude'ffla-V ariefiesJoyweed MonsteraLantana - Trailing Orange Trumpet VineLillies — Varities Stephanoti.sLiriope — Varieties Thunbergialvi aryg oldsMondo Grass-Varieties BromeliadsNeheNeomarcia Varieties-Under 10 SpreadOyster Plant - VarietiesPansies Ferns -PortulacaPothos Birds Nest FernRhoeo Fishtail FernRuellia Kupukupu FernShore Juniper Lacy Hare's Foot FernSociety Garlic —Varieties Laua'e FernSpider Plant Narrow Sword FernSprenger Asparagus Palapalai FernWalking Iris Southern Maidenhair FernWedlia

Benothas-Varieties-T.HCaladiums-Varieties-T.H.Orchids-Varieties-T,H.Roses-V ariefies-T.H.

Design Guidelines Version 1.07 — Decernber2, 2004—

Page 20 of 28

ke'alohiKai GM Appendix APlanting Guidelines Page 3 of 3

Small Shrubs 2'- 4' Medliun Shrubs LarEe Shrubs

Boungainvillea — Varieties Bird ofParadise EldoradoDusty Millei Century Plant Elephant EarDwarf Bottle Brush Croton — Varieties Ginger — VarietiesFirecracker Plant Dragon Tree Heleconia — VarietiesGardenia — Varieties Gardenia— Varieties KokutanGeranium Hawaiian Cotton LeeaHeleconia — Varieties Ixora — Varities Lollipop PlantHibiscus varieties Showboat Mock OrangeJade Plant Shrimp Plant PlumbagoNatal Plum Spider Lily SnowbushPikalce Spider PlantSnake Plant Ti-VarietiesSpathiphyllum — Varieties XanaduThai Dwarf LxoraUmbrella PlantYellow Adler

Palm Trees Under: Palm Trees Palm Trees

Areca Palm Alexandra Palm Alexander PalmBottle Palm Cabada Palm Giant Bird of ParadiseCardboard Palm Clustering Fishtail Palm Joannis PalmDwarf Date-Pho enix Fiji Palm Kentia PalmLicuala Palm Foxtail Palm Princess PalmManila Palm Lonln Fan Palm Queen PalmOld Man Palm MaCarthur Palm Travelers PalmRed Sealing Wax Palm Montgomery PalmRliapis Palm Silver PalmSago Palm Spindle PalmSpindle Palm Triangle PalmThatch Palm

Design Guidelines Version 1 07 — December 2,2004 Page 21 of 28

ke'a!ohi FCc! 6.0 Appendix AWindow Film Guideline

General

Window film shall be compatible with theoriginal window system(s) provided in

Ke'alohi Kai including, but not limited to, theoriginal maintenance, performance anddurability requirements. In no case shallwindow film alter the basic properties of theoriginal window system(s) that provide forspecific performance warranties.

The window film must be neutral in color(not black, bronze, green, purple, silver orblue); contain no dyes or pigments, (theseeventually turn pink or purple); beconstructed of 100% metal with very lowreflectivity; have no more than 16% VisibleLight Reflectance on the exterior; no morethan 12% Visible Light Reflectance on theinterior surface; and have a Visible LightTransmittance of no less than 47%.

Window film shall only be installed on oneor more complete single family or pairedhome building elevation. Individual unit,partial window, single window or otherpartial applications are not allowed. DRCreserves the right to allow windows that areshaded and setback from the main entranceat its sole discretion to the extent that itdoes not alter the appearance of a buildingelevation. All film must be the samemanufacturer, product, style and color.

Approved product and style include VistaWindow Film Nuance (V.48 SR CDF) orothers as approved by the DRC that meetthe requirements of these guidelines oramendments. DRC reserves the right tomodify these guidelines at its solediscretion.

Durability & Performance

All window systems shall be Scratch-Resistant on the interior surface. Film must

have certification that proves 5.0%maximum haze increase when tested toASTM 01044, using 100 revolutions, as CS-1OF Taber abraser and 500 g weights.

Window film shall not utilize pressure-sensitive adhesive. Only water activated"CDF" (Clear Distortion Free) type dry-adhesive is allowed.

Evidence that the window film does not alterthe basic properties provided by the windowsystem shall include (window film)manufacturer's backed Lifetime Warranty onmaterial & labor and have (window film)manufacturer's extended warranty thatreplaces the window manufacturers originalwarranty of the dual glazing unit against anyfuture failures. This warranty must replacethe terms and conditions of the originalwindow warranty verbatim.

Installation & Maintenance

Window film shall be installed without visibledefects, bubbling, wrinkling or otherimperfections. Home Owner is responsiblefor replacing any defective material due toinstallation or maintenance at the sole costof Home Owner. Replacement must matchthe original manufacturer, style, color andother specifications. Should replacementfilm not be available Home Owner isresponsible for replacing all window film.

september 13,2004

Design GudeIiries ver&on 107— Oecernber 2, 20Ô4 Page 22 o128

Ke'a!ohi Kal

CAPISTRANO #860

Rugged 1" Roll Formed Steel Pranie witha Pull Size Colonial SZyle Extruded Grille,15 Alumimnn Lites and a 12" DiamondEmbossed Kickplate. Shrink W3-appedcomplete with Air Close; Push ButtonLock Latch, all necessary Screws and Easy"Do-It-Yourself' Instuctions. For left orRight Hand Installation.

Available Sizes: 32" or 36"

6.0 Appendix AScreen Door Guidelines

--

1111

Design Guidelines Version 1.07— December 2, 2004- —

Page 23 of 28

ke'alohi kal

NOTE: This section subject to Fence MasterPlan approvals by the Department of Planningand Permitting (DPP) for low retaining wails thatwill limit installation to corner lot conditions.

SITORTRflAINING WALL

6A3 Appencflx A

Waif and Fence Guidelines

PaMied _____pthsr

!i:I, radkisodrarest

OMUorConnote

SOflTh WU.L(whcepennittedby the guidelines)

All new and replacement fences must bewhite vinyl to match the existing fencematerial andlocalion.

Solid WallsSolid exteriorwalls, ifpernñttedby theDRC and governmental agencies, shall beof a. painted cement plastex flnith, fitedwith stone or coral.

Retaining Walls

The Project is located on relatively flatground. and the need for tall retaining wallsis unlikely. Retaining walls are pennittedbetween minor grade differences and shallbe of the materials pennitted for solidvalls.

The Oiaeris responsible for ensuring thatretaining walls are stucturally sound andthat changes in grade willnot have anyadverse effect on the drainage of the Lotor that of adjacent lots. The Owner willbe responsible for dranage causedby thereadbg of the Lot

Design Guidelines Version 1.07— December 2,2004 Page 24 of 28

PaintedAs

required

if.or s2htcolore

Ke'a!ohi I(ai SM Appendix AVinyl Gate Design Guidelines

1?PflNT (&TR (1 /" = 1

Mafria1s:PVC Fencing Product:Westech Fence Building Product TI).

Provided by:Gtvffl Vmyl,Inc.5 Sand Island Access Road

API'RCX. I

A!! P ROX.2 TO 4

HIHOE

Design Guidelines VersIon 107 — December 2,2004 Page 25 of 28

RACk GATE

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ke's/ohi Ks! 6OAppericHxACovered WeIk's'y Design Guidelines

Design GLñdenes Version 107—December 2,2003 Page 26 of 28

Ke'alohiKa! 6.0 Appendix ATrellis Walkway Design Guidelines

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1—Woodbim______ IF 9 Fisho Concreteri leveloihouse slab on gxade

Design Guidelines Version t07 — December 22004 Page 27 of 28

Ke'äiohi Kai 6M Appendix AEnclosed Private Yard Paving

Walkway theWidth of GetoOnty In PleniarAxes.

garane).

Vasiance for Paslng hoes ilowa Mbiinvm ot25 tram PropertyLine.

r conaete or Hotcape Setheck LinesMoasurad From Properly Line (side yardfence locations are epprorjrnately 5 frompropertytne). Malntalnelle9allngdrainage peitens.

Property Line(typical)

Planter Strip

Typical Enclosed Yard Hardscape Guideflries3/1O/&4 -Not to Scale. This Is onty to be used eec guide. All herciscape end landscape

requires Design Rn-view Cornrnitiae Review end Approval. Subjedto change.

Design Guidelines Version 1.07— December 2,2004 Page 28 of 28

Rear Lane/Easement

Garage

Variance on Neriow Side ofGerage to tliow for 3-0 WideWalkway (measured from aide of

Sidewalk

Street

OCEAN POINTEPre-Approved Tile Selections

Febnway 22, 2005

The following tile selections from "datile" have been pre-approved by the Design ReviewCommittee on February 77nd 2005.

The owner is still required to complete the Design Review Application however, theyneed only list the tile selection to be used (in Section 2 of the application) — an actualsample/color brochure is not required.

The pre-approved tiles are:

Asian Black (CS53)Autumn Mist (S772)Brazilian (CS52)Bruno (TAO3)California Gold (S700)Celeste/Grigio (TAO4)China Apricot (S782)Copper (S776)Deco (CS7I)Egyptian Beige (CSSO)FlagstoneGolden Sun (S783)Imperial Forest (S780)Indian Mulitcolor (S771)Indian Red (CS5I)Mongolian Spring (S78l)Oro (TAO 1)Rosso (TAO2)Sunset Glory (S775)Versailles Pattern

If the proposed tile to be used is not on this list, an actual sample/color brochure ofthe file is to be submitted along with the design review application.

Egyptian BeigeCS5O

Ocean PointePre-Approved Tile

DecoCS7I

Indian RedCS5 I

Asian BlackCSS3

BrazilianGreen

BrunoTA 03

OroTAO 1

Celeste/GrigioTAO4

RossoTAO2

S780

Autumn MistS772

California GoldS700

Indian MulticolorS771

Versailles CopperPattern S776

Sunset GloryS775

Imperial Forest

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Ocean PointeDesign Review Criteria for Lockable Mailbox

(Updated July 12, 2005)

The Design Review Committee has approved the following lockable mailboxes foruse in Ocean Pointe. Submit your design review application indicating whichlockable mailbox will be installed in Section 2 (Comments) of the application.There is no application fee.

Lockable Mailbox - Option #1 (pg. 2 & 3)Website: www.thesolargroup.comModel: RSKWColor: WhiteAvailability: Can be purchased via their website or locally at Home Depot.

Lockable Mailbox - Option #2 (circled in blue on page 4)Website: http://wnAnw.oreQontrailbox.com!Model: Regular Duty Standard SizeColor: WhiteAvailability: Can only be purchased at their website.

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Lockable Post Mount Maflboxes Page 2 of 2

US. POSTMASTER GENERAL APPROVEDMeels New Postal Regnhtbns

Available Colors:

BLACK jJ 1lTE MOCHA

MOOELt jj COLOR / DC-SCRIPTIOI4 UPC

RSKB mack 11046462002459

(RSKW jjWiIle j046462002473

(RSKM }046462002406

DIMENSIONS CARTON DIMENSIONS CUBE PlC Dfl. IRK WT

(9 lIZi-Ix 1YWx23 I/tO 11° 3/4Hx 13 I14'VJ 240 II jJ14 lbs.

DCI Ia rep

02004 solar Group Inc All RIphIs Reserved Modilied: 3/25104

hftp://wwwthesolargroup coni/securitypm html 4/6/2004

Lockable Mailbox: Option #2 (circled in blue below)Website: http://wnv.oreontrailbox.com/Style: Regular Duty Standard SizeColor: White (Must be ordered in white)

-

A2tDv&d ByUNITED ST4TES

-r POST,3LSERVIc&

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In the fluture, almost everyone will secure their incoming mail. Unfortunately. after thefirst time their mail is stolen. We hope that you have found our lockinp ailboxes before -

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DPS LLC210 Ward Avenue Suite 210 Mailing Address: P0 Box 11479, Honolulu, HI 96828Honolulu, Hawaii 96614T 808 5998499F 808 366.0234

November 1, 2005

Ms. Geri UngUrban Design BranchDepartment of Planning & Permitting650 South King Street 71h FloorHonolulu, HI 96813

Re: Ke'alohi Kai CommUnity DevelopmentOcean Pointe Area hUB — PD-ElFence Master and Design Guideline Appendix

Geri:

The Ocean Pointe Design Review Committee (DRC) is seeking approval of the Area hUBFence Master Plan that incorporates: I) decorative front porch fences as indicated onpreviously submitted Area III Master Tract drawings; and 2) retaining walls within theKealohi Kal community development, subject to them being no higher than 6" below thefinish floor elevation of the applicable lot. As previously required for Area lIlA, Hasekohas identified the proposed locations for the low retaining wails within the Kealohi Kaicomxrnmity development. Fence master plans for future Area III phases will be submittedupon the final subdivision approvals.

Ke'alohi Kai is a PD-H subdivision that provides for common area open space byallowing for smaller lots and private enclosed yards. However, due to roadway and rearlane civil engineering requirements on corner lots (including those with lanes or guestparking along the side yard), the identified yards have a down slope that either limits theiruse or in the case of townhomes requires low retaining walls for accessibility purposes.Allowing homeowners an option of building low retaining walls will provide theopportunity to create a level, more usable side yard The benefits of providing the lowretaining walls include:

I) The design of the low decorative retaining wall with a matching vinyl fenceprovides for a more pleasing side yard view of the home that eliminates theawkward mowing strip at the base.

2) The slightly elevated fence softens the long side view of the building andprovides these residences needed privacy along side yards that have exposureto public areas.

3) The Ocean Pointe project is designed to be pedestrian and street friendly,thereby locating the front of buildings closer to the street to create a more

architectural outdoor space character. Along with this there are conditionsthat require site specific, small-scale retaining walls in areas such as in thefronts of some of the townhome units. This has also been done in small areasaround FIECO transformers to meet their requirements.

4) As indicated on the attached photos certain townhomes require low retainingwalls to meet accessibility requirements.

5) The retaining walls are located in a limited number of locations and have verystringent design requirements. The design guidelines for Ke'alohi Kai requirethat the retaining walls be of a stucco-like finish, natural lava rock, naturalcoral or a Keystone wail system. The standard vinyl fence is to be installed ontop of the wall, consistent with original approvals as well as LUOrequirements.

6) The identified areas have a positive effect on the community since the projectis relatively "flat" and they add some refleshing variety to the project. Smalldifferences such as the retaining walls add character to the project when theyare done according to the design guidelines.

7) The retaining walls are generally allowed on the side yards of corner lotconditions and where required for accessibility to townhome units. Locationsother than those indicated on the attached Fence Master Plan will not requirelow retaining walls. Other locations have sufficient separation fromroadways, lanes and parking areas to provide for a gradual transition that donot require the use of low retaining walls.

The attached photographs were taken in previously developed areas within Ocean Pointeand are representative of the conditions that will exist with Area 11113. If you have anyquestions, please feel free to contact me at 721-0660.

Sincerely,

1/i_Paul Jordan

attach: Low Retaining Wall & Porch Railing Illustrative PhotosFence & Retaining Wall Guidelines, dated October 28, 2005Area HIA Fence Master Plan, dated June 20, 2005Area 1118 Fence Master Plan, dated October 28, 2005

cc: Richard Dunn, Kealohi Kai Design Review Committee

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SHORT RETA1MNG' WALL

6M Appendix A

Fence Design Guidelines

SOUl) WALL(w1ue pnilled by the gthddine)

AD new and replacement fences must be white vinyl tomatch the existing fence material and location.

Solid Walls

Solid exterior walls, if permitted by the DRC andgovernmental agencies, shall be of a painted cementplaster finish, faced with stone or coral.

Retaining Walls

Retaining walls shall be restricted to the specific lots andlocations indicated on Area Ill Fence Master Plans. Thosespecific lot locations where retaining walls are permitted areas follows (the location, height and design of ExistingTiered Retaining Walls are as indicated on approvedsubdivision drawings):

STREET NAME MASTER PLAN EXHIBIT AlKAPOLE PARKWAY Al, A2aKAILEOLE'A ORIVE Alil, AlSO, AISIKAIMALIE 5TREEr A73, AflKAIE'E STREET A78. A66

KAl fcuKuMA STREET A60, A64, Ml, MI. A92, AllOKA! AWAE STREET A21, A36, A37, A48Ml WANA STREET A49, A59, A65, A72

STREET NAME MASTER PLAN EXHIBIT A2KAPOLE! PARKWAY 81, BIDKAIMALIE sTREET Big, 823, 884, 870, B71 • B83MI KALA STREET 824,828,829.831 884,895gge,8107MI MOANA STREET 83B,839.844846847,850,654,8108,81i6KAI0PuA STREET 832,835KAIOHEE SWEET 855,B63

Ke'alohi Kai is located on relatively fiat ground, and theneed for tall retaining walls is unlikely Therefore, retainingwalls shall be limited to a maximum height of 36 inches asmeasured from the adjoining sidewalk. Only fences ofapproved materials shall be permitted above any retainingwall, and in compliance with Land Use Ordinance fenceand wall height provisions. Retaining walls shall be of thematerials permitted for solid walls.

Oesign GuidelInes — October 28, 2005

PinL'dFleslei

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Front Porch Railing Design Guidelines

Fta R,20QE oR Fit PootMoIv,flt, F;im Yard Sarnork Raca)

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I, rEact rao:z SHALL BE CooL .5 SISAl; RI DCRALImOS Ill 111:5 ECIR 5300 EARLINRI 003. rIOT REI'CRTLDOI

9. TIEACLOPER GLIl 5025111130 roa F.ZI.RIS 51)115OCIOtElI '3hZ ELEVATIOn cr113215 1301 WIIIOFR1AOFOR lIE lOUSE 5551311

0. I,oatflz100I5 SIRS'? ME COCEF1UAS. f210 3011)12502020 Vt flARE r,SERRRR1G 10 1112 FOOt P2/315

Design Guidelines — October 28, 2005

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KEALOHI KM

ELEVATION OPTIONS'FRONT PORCH FENCE RAILING -TYPICAL PLAN AND ELEVATION

ELEVATION OPTION CFRONT PORCH PENCE RAILING -TYPICAL PLAN AND ELEVATION

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DEPARTMENT OF PLANNING AND PERMITTING

CTY AND COUNTY or HONOLULU650 SOUTH KING STREET 7' FLOOR HONOLULU HAWAII 96613

TELEPHONE: (BOO) S23443Z • FAX: (009) SZ7643DEPT INTERNET; wwwJ,EnoIuIrdppoi — INTERNET: wwwhonolulu 9SR

'(UP) HAN(EMAHH HENRY ENG. FAICPMAYOR DIRECTOR

DAVID K. TANOUEDEnnY DIRECTOR

2005/ELOG-2607(GU)2003IPDH-3

November 17, 2005

Mr. Paul JordanDPS LLC210 Ward Avenue, Suite 210Honolulu, Hawaii 96814

Dear Mr. Jordan:

Re: Fence Master PlanPlanned Development Housing No. 2003IPDH-3Ocean Pointe Area 11113Ke'alohi Kai Community DevelopmentBetween Kaimalie Street, Kavolei Parkway and Papipi Road — Ewa

This responds to your November 1, 2005 request, on behalf of the Ocean Pointe Design ReviewCommittee and Haseko, for approval of a Fence Master Plan (FMP) for Ocean Pointe Area 11113,ICe'alohi Kai. The FMP would permit a combination low retaining wall with a vinyl fence incertain areas of Area hUB. Generally, the walls would be located in the side yards of corner lotsand/or where required for accessibility to townhome units.

The Department of Planning and Permitting (DPP) has reviewed your request, and deems it to bereasonable. Therefore, the DPP hereby APPROVES the Fence Master Plan for Ocean PointeArea lflB, K&alohi Kai, dated October 28, 2005.

The proposed FIvIP, including a portion of the proposed Ke'alolzi Kai Feizce and Wall Guidelines(Retaining Walls and Front Porclz Railing Design Guidelines, October 28, 2005,), contains a listof the lots where the walls would be allowed, the specific locations of the walls, and sectiondrawings of the retaining walls, plus the front porch railing design guidelines. As specified inthe FIvIP, the maximum height of the retaining walls would be: 36" as nzeasuredfrom theadjoining sidewalks or 6" belowfinish floor elevation (whichever is lower,).

In support of the FMP, you state that due to roadway and rear lane civil engineeringrequirements on corner lots (including those with lanes or guest parking along the side yard), anumber of lots have a down slope that either limits their use or, as in the case of towuhomes,requires low retaining walls for accessibility purposes. Other lots do not require the use of low

Mr. Paul JordanNovember 17, 2005Page 2

retaining walls because there is sufficient separation from roadways, lanes and parking areas toprovide for a gradual transition. You further state that benefits of allowing these walls include:

I) A more pleasing side yard view of the home would be provided by the design of thesmall retaining wall with matching vinyl fence;

2) The slightly elevated fence would soften the long side view of the building, and add ameasure of privacy along side yards with exposure to public areas; and

3) Addressing accessibility issues for certain townhomes that necessitate at-grade walkwaysat the unit level (as illustrated in an accompanying photo).

Please be further advised that the Declaration of Covenants for Kealohi Kai, Area IIJB, mustinclude this approval, the approved EMP and relevant pages from the Ke'alolziKai Feiice andRetaining Wall Guidelines (Retaining Walls and Front Porch Railing Design Guidelines),October 28, 2005. A certified copy should be provided to the DPP upon recordation.

We also request two additional sets of these materials for use by the DPPs Zoning Plans ReviewBranch for reviewing fence and wail building permit applications. All copies should besubmitted to our Urban Design Branch.

We hope this addresses your concerns. Should you have any questions, please contact Geri Ungof our staff at 527-6044.

Very truly yours,

Henry Eng, FAJCP, DirectorDepartment of Planning and Permitting

HE:nt

POS5E Doe 409728

MoMUARA LAU & FONG LLPA LIMITED LIABILITY LAw PARTNERSHIP

MEMORANDUM

TO: Mr. Richard Dunn

FROM: John K

DATE: July 10, 2006

RE: Area Ill Fence Master Plan Amendments

Attached is the execution version to the Area Ill Design Guidelines incorporating therevised Fence Master Plans for Areas Ill A, B, C and D, The attached follows the form which youhave previously reviewed. Also attached is the suggested draft cover memo for the propertymanager to send to the homeowners in each project once the Amendment has been formallyadopted. We would appreciate your assistance in processing the Amendment as follows:

1. The Amendment should be executed by Haseko (Ewa) pursuant to the rightsreserved under the Master CCRs, note that the Amendment is drafted such thatthe effective date will be the date when the Amendment is adopted.

2. Once the Amendment has been adopted, it should be provided to the propertymanager who I assume will be tasked with mailing copies to all homeowners.The attached cover memo is just a suggestion and can be modified asappropriate. All homeowners within Area Ill should be mailed a copy of theAmendment.

3. Once the Amendment has been mailed to the homeowners, a copy of themailing package (Amendment and cover memo) together with the executedoriginal of the Officers Certificate (also enclosed) should be forwarded to ouroffice (we need to be able to deliver copies of the mailing package to DPP witha cover letter explaining compliance with DPP's requirements as set forth intheir approval letters).

Please let me know if you have any questions.

Enclosures

lu es RwiUc Cenlr • 811 Bishop Stnxl • Honolulu. I1woii 9sS13 TIep1oiie (SOS 5S—12ll1 • Foodmile 151$) 531-81o(' • UIL wwn imligroup corn

AMENDMENT TO KE'ALOHI KAI DESIGN GUIDELINES

WHEREAS, in connection with the development of the Ke'alohi Kaisubdivision project (the "Project"), Ke Noho Kai Development, LLC ("Developer"), preparedthe Ke'alohi Kai Design Guidelines (the "Design Guidelines") for the purpose of complyingwith the requirements of the Declaration of Covenants, Conditions, and Restrictions forOcean Pointe (Residential) (the "Declaration"); and

WHEREAS, Section 7.5 of the Declaration provides that HASEKO (Ewa). Inc.("Master Developer"), shall have the right to amend the Design Guidelines withoutobtaining the approval of the Ocean Pointe Design Review Committee or any other thirdparty; and

WHEREAS, the Developer previously requested the adoption of Fence MasterPlans for the Project to permit the construction of retaining walls within Areas lilA, 1118,lllC, and HID, copies of which are attached hereto as Exhibits Al, A2, A3, and A4, andmade a part hereof (collectively, the 'Area IIIA-IIID Fence Master Plans"); and

WHEREAS, by letters dated September 15, 2005, November 17, 2005, andApril 3, 2006 copies of which are attached hereto as Exhibits 81, B2, and 63 and made apart hereof (the "DPP Approval Letters"), the Department of Planning and Permitting of theCity and County of Honolulu approved the Area lIlA-hID Fence Master Plans; and

WHEREAS, Developer has requested that Master Developer amend theDesign Guidelines as more particularly set forth below to satisfy the requirements of theDPP Approval Letters.

NOW, THEREFORE, Master Developer does hereby amend the DesignGuidelines as follows:

1. The following documents are hereby incorporated into and made apart of the Design Guidelines: i) the DPP Approval Letters; and H) the Area lIlA-HID FenceMaster Plans.

2. Version 1.07, dated December 2, 2004 of "Appendix A — Wall andFence Guidelines" of the Design Guidelines is deleted in its entirety, and The Fence DesignGuidelines (6.0 Appendix A) dated March 28, 2006, a copy of which is attached hereto asExhibit Cl and made a part hereof, is substituted in place thereof. In addition, the FrontPorch Railing Design Guidelines (6.0 Appendix A) dated March 28, 2006, a copy of whichis attached hereto as Exhibit C2 and made a part hereof is hereby incorporated into andmade a part of the Design Guidelines.

IN WITNESS WHEREOF, Master Developer hereby adopts this Amendmenteffective as of this 13th day of July , 2006.

HASEKO (EWA), INC.,a Hawaii corporation

Name: Toru NagayarnaTitle: President

OFFICER'S CERTIFICATE

I hereby certify that I am a duly appointed and acting officer of HASEKO(Ewa), Inc., ("HASEKO"), and that a true and correct copy of the Amendment to KealohiKai Design Guidelines dated and effective as of July 13, 2006, is attached to this

Certificate.

DATED at Honolulu, Hawaii, July 13 , 2006.

HASEKO (EWA), INC.,a Hawaii corporation

Name: Toru NagayarnaTitle: President

Ocean Pointe Design Review Committee91-1001 Kaimalie Street, Suite 205 • Ewa Beach, Hawaii 96706-5005

Telephone (808) 689-7772 • Fax (806) 689-5757

MEMORANDUM

TO: Kealohi Kai Community Association Homeowners

FROM: Ocean Pointe Design Review Committee

DATE: July I g 2006

SUBJECT: Revised Fence Master Plan No. 2003/PDH-3 (Ke'alohi Ka!)

Dear Owner:

Enclosed you wit! find an amendment to the Design Guidelines for Keatohi Kai thatincorporates the Fence Master Plans for Areas lilA, IllS, ttlC, and hID of the project thatwere recently approved by the City and county of Honolulu Department of Planning andPermitting.. This revision replaces any and alt previous versions of 6.0 Appendix A—Fence Design Guidelines and Front Porch Railing Design Guidelines of the Kealohi KaiDesign Guidelines.

Please keep these documents with your homeowner files for future reference.

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DEPARTMENT OF PLANNING AND PERMITTING

CaTY AND COUNTY OF HONOLULU650 SOUTh RIflE STREET 7' FLOOR - HONOLULU hAWAII 06013

aEpHoNE 16051 5a3.4431 • Fat, loan, 5276743DEPT INThPNEt .wMmSubJdPP4hr INTERNET ntaUoJ4E'

HENRY ENG FAICPMUFIHANNEMANN OIRECTOR

MawR

DAVID K. TANDUEScion INIICC'OR

2005IELOG-1479(gu)

September 15, 2005 2003IPDH-3

Mr. Paul JordanDI'S LLC210 Ward Avenue, Suite 210Honolulu, Hawaii 96814

Dear Mr. Jordan:

Re: Fence Master Plan-. File No. 2003/PDH-3Kealohi Kai Community Development

— Ocean Pointe Area IJIA — Ewa

Tbis responds to your letter of June 27, 2005, requesting, on behalf of the Ke'alohi Kid DesignReview Committee and Haseko, approval of a Fence Master Plan (FM?) for Ocean Pointe AreaIII, Ke'alohi Kid. The FM? would pennit low retaining walls with a matching vinyl fence incertain areas of Area lilA; generally, the walls would be located on the side yards of corner lotsand wbere required for accessibility to townhome units.

You have submitted a proposed FM? with the specific locations of these walls identified, as wellas proposed pages from the Ke'alohi Kid Fence and Wall Guidelines (Retaining Walls and FrontPorch Roiling Design Guidelines), which includes a section on retaining walls with a listing ofthe lots where the walls would be allowed, and a section on front porch railing design guidelines.As noted on the proposed FM?, the maximum height of these retaining walls would be: 36" asmeasured from the adjoining sidewalk

In support of this request, you state that due to roadway and rear lane civil engineeringrequirements on corner lots (including those with lanes or guest parking along the side yard), theidentified locations have a down slope that either limits their use or, in the case of townhomes,requires low retaining walls for accessibility purposes. Other locations do not require the use oflow retaining walls because there is sufficient separation from roadways, lanes and parking areasto provide for a gradual transition. You further state that benefits of allowing these wallsinclude:

I) A more pleasing side yard view of the home would be provided by the design of thesmall retaining wall with matching vinyl fence;

EXHIBIT BiPage 1 of 2

Mr. Paul JordanSeptember 15, 2005Page 2

2) The slightly elevated fence would soften the long side view of the building, and add ameasure of privacy along side yards with exposure to public areas; and

3) Addressing accessibility issues for certain townhomes that necessitate at-grade waUcwaysat the unit level (as illustrated in your accompanying phOto).

The Department of Planning and Permitting (DPP) has reviewed your request, and deems it to bereasonable. Therefore, please be advised that the DPP hereby APPROVES the Fence MasterPlan for Ocean Pointe Area lilA, Ke'alohi Kal, dated June 20, 2005.

Please be further advised that the Declaration of Covenants for Ke'alohi Kal, Area lilA, mustinclude this approval, the approved FMP and accompanying pages from the Ke'alohi Kai Fenceand Retaining Wall Guidelines (Retaining Walls and Front Porch Railing Design Guidelines). Acertified copy should be provided to the DPP upon recordation. We also request two additionalsets of these materials for use by the DPP's Zoning Plans Review Branch when reviewing fenceand wall building permit applications. All copies should be submitted to our Urban DesignBranch.

We hope this addresses your concerns. Should you have any questions, please contact (3eri Ungof our staff at 527-6044.

Very truly yours,

Jbv Henry Eng, FACPI DirectofI Department of Nst(ning and Permitting

HE:pl

Dot 9657g

EXHIBIT 81Page 2 of 2

AMENDMENT TO KE'ALOHI KAl DESIGN GUIDELINES

WHEREAS, in connection with the development the Ke'alohi Kai subdivisionproject (the "Project"), Ke Noho Kai Development, LLC ("Developer"), prepared the Ke'alohi KaiDesign Guidelines (the "Design Guidelines") for the purpose of complying with the requirementsof the Declaration of Covenants, Conditions, and Restrictions for Ocean Pointe (Residential)(the "Declaration"); and

WHEREAS, Section 7.5 of the Declaration provides that HASEKO (Ewa), Inc.("Master Developer) shall have the right to amend the Design Guidelines without obtaining theapproval of the Ocean Pointe Design Review Committee or any other third party; and

WHEREAS, the Department of Planning and Permitting of the City and County ofHonolulu ("DPP") has required that certain restrictions governing the alteration of the dwellingunits within the Project (the "Specified Alteration Restrictions") no longer be reflected in therevised Design Alteration Package (DAP) which was approved by DPP for Project on October14, 2005, even though the Specified Alteration Restrictions continue to govern the alteration ofthe dwelling units within the Project; and

WHEREAS, Developer has requested that Master Developer amend the DesignGuidelines to ensure that homeowners within the Project continue to have notice of and besubject to the Specified Alteration Restrictions.

NOW, THEREFORE, Master Developer does hereby amend the DesignGuidelines as follows:

1. Paragraph 5.3.1 of the Design Guidelines is hereby amended in itsentirety to read as follows:

5.3.1, All setbacks that apply to the original construction also apply toimprovements. The Owner cannot erect any addition that encroaches into anysetback, easement, or other restricted area and all original construction andimprovements shall also be subject to the limitations and restrictions as areshown on i) the approved building permit plot plans, ii) the Design AlterationPackage (DAP) on file at the DPP, and Hi) as otherwise set forth in Appendix Battached hereto and made a part hereof.

2. This Amendment shall be effective as of October 14, 2005 (the "EffectiveDate").

IN WITNESS WHEREOF, Master Developer hereby adopts this Amendment onthis 22 day of November, 2005, effective as of the Effective Date.

HASEKO (EWA), INC.,a Hawaii corporationBy__

Name: ThR.-c AJ&ncz4oJfliQTitle:

"

REQUIREDYARDSETBACKUNE

-PROPERTYUNE

AREA FORALTERA11ONS OREXPANSIONS ATTHE SIDE OFHOUSE MUSTHAVE A 5'—O"MIMMUM WIDTHAT NELOCATION OFTHE ALTERATIONOR EXPANSION

MEASUREDFROMFRONTWALL OFHOUSE

1. Alterations or expansions of the dwellingunit or garage shall be permitted onlywithin the shaded area, PRO'vD, thatalterations and expansions (including.but not limited to uncovered patios,decks, and slabs), may be constructedwithin the non—shaded area of theenclosed fenced area to the extentpermitted by the City and County ofHonolulu Land Use Ordinance, as maybe amended from time to time CUJOD.(Chapter 21 of the Revised Ordinancesaf Honolulu 1999, as amended). Theenclosed fenced area refened to hereinshall be as shown in the approved PlotPlan.

2, Only single story alterations orexpansions shall be permitted. Additianalfloors may net be constructed an anydwelling unit or garage.

3. The shaded area shown is far illustrativepurposes only and depicts the area atpennitted expansion in relation to asample house, garage and propertylines. The actual area of permittedexpansion will vary with each lotdepending an the actual size andconfiguration af the lot and the lacationand layout of the house and garage.The actual property lines, setbacks, andlocution and layout of the house andgarage far each lot are shown on theapproved Plot Plan.

HOT TO SCAII

KE'ALOHI KAI DESIGN GUIDELINES

APPENDIX B(Page 1 of 2)

ACCESS AND UTILITY EASEMENT

(SERviCE LANE)

EASEMENT SETBACKUNE AS REQUIREDBY THE PDHPERMIT

REQUIREDYARDSETBACKUNE

+

PROPERTYUNE -j

5'—O" REQUIRED

SINGLE FAMILY HOME

(MODEL 501 SHOWN)

MINIMUM

MEASUREDFROMFRONTWALL OFHOUSE

REQUIREDFRONT YARDSETBACK LINE

RECURED SIDESEIBACI( LINE

NO QANSI0H ISPEIJ FrIED WOWN 5 FEEl'OF THE PROPERTY LINE,EXCEPT FOR OPTIONSCONSIRIJCTW BY THE0CINP1. OEUOPER

AREA OF D(PNSSION ISLIMITED TO FENCE LINE ASOFGINA&LY PERMITTED ANDCONSTRUCTED BY ThEDEVElOPER

REQUIRED FRONT YARDSElBA< LINE

1 Alterations or expansions of the dwelling unitor garage shall be permitted only within theshaded area, PROVIDED, that alterations andexpansions (ineluding, but not limited touncovered patios, decks, and Sobs), may beconstructed within the non—shaded area ofthe enclosed fenced area to the extentpermitted by the City and County ofHonolulu Lond Use Ordinance, as may beamended from time to time ('LUOD.(Chapter 21 of the Revised Ordinonces ofHonolulu 1999, as amended). The enclosedfenced area referred to herein shall be asshown in the approved Plot Plan.

The shaded area shown is for illustrativepurposes only and depicts the area ofpermitted expansion in relotion to twosample dwelling units, their garage buildingand property lines. The actual oreo ofpermitted expansion will vary with each lotdepending on the achial size andconfiguration of the lot and the locationand layout of the building, garage, andfences. The octoal property lines, setbacks,and locotian and layout of the building endgarage for each lot are shown an theapproved Plot Plan.

- AREA OF DQANSION IS LIMITED TO FENCELINE AS ORIGNAU.Y PERPJII1ED BY ThEOEVaPER

AREA OF D(PMIS1ON IS LJMITED TO FENCELINE AS ORIGINAXJ,Y PERMITTED BY THEDEVflOPER

—AREA FOR ALIERA11ONS OREXPANSIONS AT THE SIDE OF HOUSEMUST R&',E A 5—0' MUSMUM v.iDThAT THE LOCATION OF THEALTERATION OR EXPANSION

2. Only sthgle story olteratians or expansion,shall be permitted, Additional floors may notbe constructed on any dwelling unit orgarage.

APPENDIX B

NOT TO SCALE(Page 2 of 2)

1-

ACCESS AlSO tJ1lLITY EASEMENT (SERVICE LRIE) I

I EASEMENT SEIBACS( UNE AS REQUIRED

4__ IBYTHEPON PERMIT

REOtARED SiDE YARD SETBACK LINE

FENCE

PROPERTY LINE

—'—PROPERTY LINE

TYPICM P14ISS BUILnIMUTWO ATTACHED SlNOLr—FAISLY OWWJNG UNITS

(BtJILDING PHI l43WN AS EXMIPLE)

DWEIJNG UNIT(PLAN Ill SI-SOWN)

OWELIJNG UNIT

(PLAN ¶72 SHOW?

N__PROPERTY UNE

-

OF EXPANSION IS LIMITED TO FENCEut AS ORIGINALLY PETWIITED MID

CSTRUC1EDBY THE DEVElOPER

-—-U I

—r REOIRRED FRONT YARD SETBACK LINE

3.

DEPARTMENT OF PLP,NNING AND PERMFflNG

CITY AND COUNTY OF HONOLULU650 SOIJTh KING STREET. 7' FLOOR • HONOLULU, HAWAII 96913

TELEPHONE 1809) 523-4432 • FAX: (808) 527-6)43DEPT. INTERNET, wahoaoluksdp9.o,9 . INTERNET: wm.hIIuI,9ov

-WEt HANNEMANN HENRY ENG. FAICP

DAVID K. TANOUE

2OO6IELOG26O5(GU)2003/PDH-3

November 9, 2006

Mr. Stephen SangQuad Design Group, Inc.1164 Bishop Street, Suite 1010Honolulu, Hawaii 96813

Dear Mr. Sang:

Subject: Ocean Pointe Area IllE - Fence Master PlanPlanned Development Housing No. 2003/PDH-3Ke'alohi Kai Community — Ewa

This responds to your October 12, 2006 request, on behalf of the Ocean Pointe DesignReview Committee and Haseko, for approval of the Fence Master Plan (FMP) forOcean Pointe Area lilE, Ke'alohi Kal. The FMP would permit a combination lowretaining wall with a vinyl fence in certain areas of Areas IllE. As with the previouslyapproved FMPs for Areas lilA, B, C and D, the walls would generally be located in theside yards of corner lots,

The Department of Planning and Permitting (DPP) has reviewed your request, andhereby APPROVES the Fence Master Plan for Ocean Pointe Area lIlE, Ke'alohi Kai,dated October 12, 2006.

Please be further advised that the Declaration of Covenants for K&alohi Kai, Area IllE,must include this approval, the approved FMP, and relevant pages from the Ke'AlohiKaiFence and Retaining Wall Guidelines, which will be updated to include these approvedFMPs. A certified copy should be provided to the DPP upon recordation.

We also request two (2) additional sets of these materials for use by the DFP's ZoningPlans Review Branch for reviewing fence and wall building permit applications. Allcopies should be submitted to our Urban Design Branch.

EXHIBIT B(Page 1 of 2)

Mr. Stephen SangNovember 9, 2006Page 2

We hope this addresses your concerns. Should you have any questions, pleasecontact Geri Ung of our staff at 527-6044.

Very truly yours,

Pp1.] LttHenry Eng, FAICP, DirectorDepartment of Planning and Permitting

HE:pl

Doc. 493174

EXHIBIT B(Page 2 of 2)

DEPARTMENT OF PLANNING AND PERMITTING

CITY AND COUNTY or HONOLULU650 SOUTH UNG STRET. 7' FLOOR - HONOLULU HAWAI 966)3

TEISPHOHE .806) 523-4fl2 • FAX 606) 5176743OEPT INTEONOr Cflt;ol.CPQ.)6 * INT6RNCT *nMnau)3g.

HENRY ENG. FAIOPJJUF) HANHEMANN

1* ATOP

OAUD K. TAHOUK0PutY ei*ttT0q

200SIELOG-2607(GU)20031PDH-3

November 17, 2005

Mr. Paul JordanDPS LLC210 Ward Avenue, Suite 210Honolulu, Hawaii 96814

Dear Mr. Jordan:

Re: Fence Master PlanPlanned Development Housing No. 2003/PDH-3Ocean Pointe Area 1118Kealohi Kai Community DevelopmentBetween Kaimalie Street, Kapolei Parkway and Papini Road — Ewa

This responds to your November 1,2005 request, on behalf of the Ocean Pointe Design ReviewCommittee and Haseko, for approval of a Fence Master Plan (FMP) for Ocean Pointe Area 1118,Kealohi Kai. The EMP would permit a combination low retaining wall with a vinyl fence incerlain areas of Area IIIB. Generally, the walls would be located in the side yards of corner lotsand/or where required for accessibility to townhome units.

The Department of Planning and Permilting (DPP) has reviewed your request, and deems it to bereasonable. Therefore, the DPP hereby APFRO YES the Fence Master Plan for Ocean PointeArea 1118, Kealohi Kai, dated October 28, 2005..

The proposed fliP, including a portion of the proposed .Ke'alohi Kai Feiice and Wall Guidelines(Retaining Walls and Front Pore/i Railing Desigi Guidelines, October 28, 2005), contains a listof the lots where the walls would be allowed, the specific locations of the walls, and sectiondrawings of the retaining walls, plus the front porch railing design guidelines. As specified inthe FMP, the maximum height of the retaining walls would be: 36" as meas ured from dieadjoining sidewalks or 6" below finish floor elevation (whichever is lower).

In support of the EMP, you state that due to roadway and rear lane civil engineeringrequirements on corner lots (including those with lanes or guest parking along the side yard), anumber of lots have a down slope that either limits their use or, as in the case of townhomes,requires low retaining walls for accessibility purposes. Other lots do not require the use of low

EXHIBIT B2Page 1 of 2

Mr Paul JordanNovember 17, 2005Page 2

retaining walls because there is sufficient separation from roadways, lanes and parking areas to

provide for a gradual transition. You thither state that benefits of allowing these walls tnclpde:

1) A more pleasing side yard view of the home would be provided by the design of the

small retaining wall with matching vinyl fence;

2) The slightly elevated fence would soften the long side view of the building, and add ameasure of privacy along side yards with exposure to public areas; and

3) Addressing accessibility issues for certain townhomes that necessitate at-grade walkwaysat the unit level (as illustrated in an accompanying photo).

Please be further advised that the Declaration of Covenants for Ke'alohi JCai, Area 1[IB, mustinclude this approval, the approved FMP and relevant pages from the Ke'alohi Kal Fence andRetaining Wall Guidelines (Retaining Walls and Front Porch Railing Design Gi,idelinesLOctober 28, 2005. A certified copy should be provided to the DPP upon recordation.

We also request two additional sets of these materials for use by the DPP's Zoning Plans ReviewBranch for reviewing fence and wall building permit applications. All copies should besubmitted to our Urban Design Branch.

We hope this addresses your concerns. Should you have any questions, please contact (Jeri Ungof our staff at 527-6044.

Very truly yours,

jjsfl. Henry Eng, FAICP, DirectorDepartment of Planning and Permitting

HE:nt

POSSE Doe 409722

EXHIBIT 62Page 2 of 2

DEPARTMENT OP PLANNING AND PERMITUNG

CITY AND COUNTY OF HONOLULU550 SOUTh KING SThEET 7" FLOOR HONOLULU HAWAII 55513

TZLEPHONE: 005) 5Z2•44]Z • FAX. 50053 5a7.67oDEPT IIflERNEI; t, )wnsIu54p ISO • ISflERNET, WW1353W52Y

MUFI HANNERANH ,,E,UOEtSc.r&ICPMAY05

DAVID N. 1•AI:DUEDCPIS1Y OIRCCtDI\

20061EL0C3-676(GU)2003/P OH-)

Mr. Stephen SangQuad Design Group, Inc.1164 Bishop Street, Suite 1010Honolulu, Hawaii 96813

Dear Mr. Sang:

Re: Fence Master PlansPlanned Development Housing No. 20031PDH-3Ocean Pointe Area IIIC and Area JIB)Kealohi Kai Community - Ewa

This responds to your March 24, 2006 request, on behalf of the Ocean Pointe Design ReviewCommittee and Haseko, for approval of Fence Master Plans (FMP) for Ocean Pointe Area ftCand Area HID, Kealohi Kai. The FMPs would permit a combination low retaining wall with avinyl fence in certain areas of Areas IIIC and D. Generally, the walls would be located in theside yards of corner lots.

The Department of Planning and Permitting (DPP) has reviewed your request, and herebyAPPROVES the Fence Master Plans for Ocean Poiyite Area IHC and Area BID, Ke'alohi Kai,dated March 24, 2006.

Please be firther advised that the Declaration of Covenants for Kealohi Kai, Area HIC and AreaHID, must include this approval, the approved FMPs, and relevant pages from the Ke'Alohi KatFence and Retaining Wall Guidelines, which will be updated to include these approved FMPs.A certified copy should be provided to the DPP upon recordation.

We also request two (2) additional sets of these materials for use by the DPP's Zoning PlansReview Branch for reviewing fence and wall building permit applications. All copies should besubmitted to our Urban Design Branch.

EXHIBIT B3Page 1 of 2

April 3, 2006

Mr. Stephen SangApril 3, 2006Page 2

We hope this addresses your concerns. Should you have any questions, please contact Geri Ungof our staff at 527-6044.

Very truly yours,

t4LiMkcr Henry Eng, FAICP, Director

Department of Planning and Permitting

l-IE:cs

POSSE Doc 439073

EXHIBIT B3Page 2 of 2

Ke'alohi Kai

SHORT BErAINING WALL

6.0 Appendix A

Fence Design Guidelines

SOLID WALL(wh&e pennined by the gtdeBn)

All new and replacement fences must be white vinyl tomatch the existing fence material and location.

Solid Walls

Solid exterior walls, if permitted bygovernmental agencies, shall be of aplaster finish, faced with stone or coral.

Retaining Walls

Retaining walls shall be restricted to the specific lots andlocations indicated on Area Ill Fence Master Plans. Thosespecific lot locations where retaining walls are permitted areas follows (the location, height and design of ExistingTiered Retaining Walls are as indicated on approvedsubdivision drawings):

STREET NAME MASTER PLAN EXHIBIT AlKAPOLEI PARKWAY Al, A20MJLEOLE'A DRIvE A1I1.A130, A131KAIMAUE STREET A73, AlTKAIEE STREET Ale, Ae5KAl KLJKUMA STREET A60, A64, A87, A9l. A92, AllO(Al 'ANAE STREET A21, A36, A37, A48MI WAWA STREET A49. A59, A65, A72

STREET NAME MASTER PLAN EXHIBIT A2KAPOLEI PARKWAY 81. 818KAIMALIE STREET 819,823, 864, 870,871.883KM KALA STREET a24.828,829,831,864.895.8g6.alolKM MOANA STREET 838,e39,844,846,847,55o,a54,aloa.a1 16MI0PUA STREET 832,835KAIOHEE STREET 855,863

Ke'alohi Kai is located on relatively flat ground, and theneed for tall retaining walls is unlikely. Therefore, retainingwails shall be limited to a maximum height of 36 Inches asmeasured from the adjoining sidewalk. Only fences ofapproved materials shall be permitted above any retainingwall, and in compliance with Land Use Ordinance fenceand wall height provisions. Retaining walls shall be of themalerials permitted for solid walls.

For affected lots in Areas DIG and lID, see Master PlanExhibits A3 and A4, respecflvely

Design GuidelInes — MaIth 26, 2006

EXHIBIT Cl

the DRG andpainted cement

P,istd

lWbI0I IbbicobrO)

Ke'alohi Kai 6.0 Appendix A

Front Porch Railing Design Guidelines

TDfl P/Ut PEIUP/5.,iC cau*s 130: l4aEPtg.s)

Design Guidelines — - MarCh 28,2006

Ertz Ri1çs :1 Fr0 Pett*aArti P0:4 YwO Sct hIs)

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EXHIBIT C2

ELEVATION OPTIOWSFRONT PORCH FENCE RAILING -TYPICAL PLAN AND ELEVATION

ELEVATION OPTION 'CFRONT PORCH FENCE RAILING -TYPICAL PLAN AND ELEVATION

13:1133 1033 Pbqt04 000*115 110004

— POllEE'P404P0*0,

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H

AMENDMENT TO KE'ALOHI KAl DESIGN GUIDELINES

WHEREAS, in connection with the development the Ke'alohi Kai subdivisionproject (the "Project"), Ke Noho Kai Development, LLC ("Developer"), prepared the Ke'alohi KaiDesign Guidelines (the "Design Guidelines") for the purpose of complying with the requirementsof the Declaration of Covenants, Conditions, and Restrictions for Ocean Pointe (Residential)(the "Declaration"); and

WHEREAS, Section 7.5 of the Declaration provides that HASEKO (Ewa), Inc.("Master Developer") shall have the right to amend the Design Guidelines without obtaining theapproval of the Ocean Pointe Design Review Committee or any other third party; and

WHEREAS, the Developer previously requested the adoption of a Fence MasterPlan for the Project to permit the construction of retaining wails within Area Il IE, a copy of whichis attached hereto as Exhibit A5 and made a part hereof (the "Area tilE Fence Master Plan');and

WHEREAS, the Department of Planning and Permitting of the City and County ofHonolulu, by letter dated November 9, 2006, a copy of which is attached hereto as Exhibit B andmade a part hereof (the "DPP Approval Letter"), approved the Area lIlE Fence Master Plan; and

WHEREAS, Developer has requested that Master Developer amend the DesignGuidelines as more particularly set forth below to satisfy the requirements of the DPP ApprovalLetter.

NOW, THEREFORE, Master Developer does hereby amend the DesignGuidelines as follows:

The following documents are hereby incorporated into and made a part of theDesign Guidelines: i) the DPP Approval Letter; and U) Area lIE Fence Master Plan.

IN WITNESS WHEREOF, Master Developer hereby adopts this Amendmenteffective as of this /ct day of OcceJr,b4r- 2006.

HASEKO (EWA), INC.,a Hawaii corporation

By ____Name: 7;-t 7b, 7ez.—..Title: _____________________________

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Ocean PointeExpiration Period for Approvals

Pertains to Front Yards and Service Lane Landscape AreasApproved December 13, 2005

This policy pertains to the time frame to complete work for changes approved for front yardlandscaping and rear service lane landscaping. The purpose of the addition to the designguidelines is due to the areas in question are in public view. As such, modifications to theseareas should be completed in a timely fashion to ensure the aesthetic value of the community ispreserved.

The addition of the text below pertains to Section 3.5.1 of the Design Guidelines for Ke AmaKai, Mariners Place Townhomes, Ke Noho Kai, Spinnaker Place Townhomes, and Ke'alohi Kai.

Front Yard/Rear Sen'ice Lane Landscaping Mod j/Ications — All approvedchanges to the front yard and rear service lane landscape areas shall beginwithin one calendar year of the official date of approval and be completed withinsixty (60) dayc from beginning said change(sf

AMENDMENT TO KE'ALOHI KAI DESIGN GUIDELINES

WHEREAS, in connection with the development the Kealohi Kai subdivisionproject (the "Project"), Ke Noho Kai Development, LLC ("Developer"), prepared the Ke'alohi KaiDesign Guidelines (the "Design Guidelines") for the purpose of complying with the requirementsof the Declaration of Covenants, Conditions, and Restrictions for Ocean Pointe (Residential)(the "Declaration"); and

WHEREAS, Section 7.5 of the Declaration provides that HASEKO (Ewa), Inc.("Master Developer") shall have the right to amend the Design Guidelines without obtaining theapproval of the Ocean Pointe Design Review Committee or any other third party; and

WHEREAS, the Developer previously requested the adoption of a Fence MasterPlan for the Project to permit the construction of retaining walls within Area IIIE, a copy of whichis attached hereto as Exhibit A5 and made a part hereof (the "Area IlIE Fence Master Plan");and

WHEREAS, the Department of Planning and Permitting of the City and County ofHonolulu, by letter dated November 9, 2006, a copy of which is attached hereto as Exhibit B andmade a part hereof (the "DPP Approval Letter"), approved the Area lIlE Fence Master Plan; and

WHEREAS, Developer has requested that Master Developer amend the DesignGuidelines as more particularly set forth below to satisfy the requirements of the DPP ApprovalLetter.

NOW, THEREFORE, Master Developer does hereby amend the DesignGuidelines as follows:

The following documents are hereby incorporated into and made a part of theDesign Guidelines: i) the DPP Approval Letter; and ii) Area IllE Fence Master Plan.

IN WITNESS WHEREOF, Master Developer hereby adopts this Amendmenteffective as of this / t day of i7cce b-r , 2006.

HASEKO (EWA), INC.,a Hawaii corporation

By ____Name: 7t- tn, r5aTitle: fr. ci?

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DEPARTMENT OF PLANNING AND PERMITrING

CITY AND COUNTY OF HONOLULUt—' L

650 SOUTH KING SThCEI. 7" FLOOR • HONOLULU. HAWAII $6813TELEPHONE: (808) 523-4432 • FAX: (BOB) 527-6743

DEPT. INTERNET: w.ihcnoluIIsdpp.oIg . INTERNET: nwbuIu8ov

MUFI HANNEMANN HENRY ENG. FAICPMAYOR DIRECTOR

DAVID K. TANDUEOEPIJTY DIRECTOR

2006/ELOG-2605(GU)2003/PDH-3

Mr. Stephen SangQuad Design Group, Inc.1164 Bishop Street, Suite 1010Honolulu, Hawaii 96813

Dear Mr. Sang:

Subject: Ocean Pointe Area IllE - Fence Master PlanPlanned Development Housing No. 2003/PDH-3Kealohi Kai Community— Ewa

This responds to your October 12, 2006 request1 on behalf of the Ocean Pointe DesignReview Committee and Haseko, for approval of the Fence Master Plan (FMP) forOcean Pointe Area IIIE, Ke'alohi Kai. The FMP would permit a combination lowretaining wall with a vinyl fence in certain areas of Areas lIlE. As with the previouslyapproved FMPs for Areas lIlA, B, C and D, the walls would generally be located in theside yards of corner lots,

The Department of Planning and Permitting (DPP) has reviewed your request, andhereby APPROVES the Fence Master Plan for Ocean Pointe Area lllE, Ke'alohi Kai,dated October 12, 2006.

Please be further advised that the Declaration of Covenants for Kealohi Kai, Area IllE,must include this approval, the approved FMP, and relevant pages from the Ke'Alohi KaiFence and Retaining Wall Guidelines, which will be updated to include these approvedFMPs. A certified copy should be provided to the DPP upon recordation.

We also request two (2) additional sets of these materials for use by the DPPs ZoningPlans Review Branch for reviewing fence and wall building permit applications. Allcopies should be submitted to our Urban Design Branch.

EXHIBIT B(Page 1 of 2)

November 9, 2006

Mr. Stephen SangNovember 9, 2006Page 2

We hope this addresses your concerns. Should you have any questions, pleasecontact Geri Ung of our staff at 527-6044.

Very truly yours,

Henry Eng, FAICP, DirectorDepartment of Planning and Permitting

HE:pl

Dcc. 493174

EXHIBIT B(Page 2 of 2)

OCEAN POINTESATELLITE DISH INSTALLATION NOTIFICATION FORM

Last Name Fist Name Home Phone:Work Phone:Email:

Address Residing Area (check one)El Mariners Place Townhomes[ Ke Aina Kai TownhomesEl Ke Aina Kai Community Assoc.El Ke Noho Kai Townhomes

Unit/Lot Number: Date of Home Purchase: El Ke Noho Kai Community Assoc.El Ke'alohi Kai Community Assoc.] Spinnaker Place Townhomes

Projected Antenna/Satellite Dish Installation Date: _ _•_ _

Location of Antenna/Satellite Dish:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Service Provider(s):

Number of Antenna/Satellite Dishes to be installed? ____. ...

This form is to be used exclusively for notifyig the Ocean Pointe Design Review Committee (DRC)/yourrespective sub-Association you are installing an antenna/transmission reception dish ("dish") and that theinstallation will be performed in accordance with your Associations installation policy. The particular guidelinefor each Association is provided on the reverse with supporting photos on enclosed pages for your review andconvenience, There is no fee for any antenna or satellite dish installation. Multiple dishes are permissible.

The DRC has worked closely with the Federal Communications Commission and local dish providers to ensureAssociation rules are consistent with federal law and the preferred location of a dish does not cause the antennauser unreasonable delay, unreasonable costs or, from receiving an acceptable quality signal. The size of any dishinstalled may not exceed 1 meter in diameter in accordance with FCC's Antenna Rule (47 C.F.R. Part I, SubpartS, Sec. 1.400 et.seq.).

By signing this form, you are acknowledging your understanding of the antenna/transmission reception dishinstallation guideline for your Association and, that the dish will be installed in accordance with the guideline.

Please send your completed form to: Ocean Pointe, c/o Certified Management, Inc., 3179 Koapaka St.Honolulu, HI 96819. Or by fax at 808-839-9430.

Questions? Contact Barbie Hatcher at 837-5281 ([email protected])

Dated:

Ocean Pointe Satelite Installation Fof'n (Oct 2006)

Signature:

Ke Aira Kai Community AssociationSection 4.19. Antenn- ciDishes PLEASE ALSO REFER TO PICTURES #1A & #1B ENCLOSED."On/y antennas or dishes permitted under the FCC's Antenna Rule (47 C.F.R. Part 1. Suhpart S, Sec. 1.400 et. seq.) may be installed, Ir should be installedat the rear of all Dwelling Units at the highest peak of the roof eve or on the side of garages of Single Family Homes facing te Dwelling Unit ("PreferredLocations"). If the installation at the Preferred Locations is deemed to cause the antenna user unreasonable delay or unreasonable costs and to the ertent anacceptable quality signal cannot he obtainedfrom these locations, the antenna may be installed in an alternate location A notification form describing ritetype of antenna (Including dimrensions and specifications), the location of the proposed antenna or dish, and if not at a Preferred Location, the reason(s) forinstalling the antenna or dish in an alternate location, shall he submitted to the DRC. Notwithstanding provisions of these Design Guidelines to the contrary,submission of an application and the prior written approval of the DRC is not required for antennas or dishes permitted under the above-referenced FCCAntenna Rule."

Mariner's Place TownhomesSection_4.18. Antennas and Transmission Rgeption Dishes

-4.19.1 Only antennas or dishes permitted under the FCC's Antenna Rule (47 C.F.R. Part l, Subpart S, Sec, 1.400 etseq.) may be installed. Tne device maybe irstalled provided it is not attached to the buiding or exceed the height of thefence. A notification forin describing the ope of antenna (includingdimensions and specifications), and the location of the proposed antenna or dish shall be submitted to the DRC Notwithstanding provisions of these DesignGuidelines to tire contrary, submission of an application and the prior written approval of the DRC is not required for antennas or dishes permitted undertire above-referenced FCC Antetna Rule.

Ke Noho Kai Communit AssociationSection 5.4.14 Antennas and Transmission Reception Dishes - PLEASE ALSO REFER TO PICTURES #1A & #1B ENCLOSED.Reception Dishes. Only antennas ordishes pernitted under the FCC's Antenna Rule (47 C.F.R. Part 1, Subpart 5, Sec. 1,400 et seq.) may be installed, Itshould he installed at the rear of all Drelling Units at tie highest peak of the roof eve or on the side of garages of Single Family Homes facing tire DwellingUntir ("Preferrei Locations"I. If the installation at tire Preferred Locations is deemed to cause the antenna user unreasonable delay or urreasonable costsand to tie extent ani acceptable quality signal cannot be obtained froor these locations, tie antenna ntay be installed in an alternate location A notificationforn describing the type of antenna (including dimensions and specifications), tie location of rte antenna or dish, and if nor at a Preferred Location, tirereason(s)for installing rite antenna or dish in an alternate location. shall be submitted to tire DRC Notwithstonrding the provisions of Sections 3.3. 1 and3.4,1 of these Design Guidelines. submission of an application and the prior wr'ritten approval of tre DRC is not required for anennas or dishes peririttedunder tre above-referenced FCC Antenna Rule.

Spinnaker Place Towihorme AssociationIF YOUR UNIT DOES NOT HAVE AN ENCLOSED REAR YARD, YOU ARE REQUIRED TO CONTACT HASEKO CUSTOMER SERVICEAT 689-4400 TO COORDINATE INSTALLATION OF TIlE DISH ON THE TOWNHOME BUILDING. PLEASE ALSO REFER TOPICTURES #2 ENCLOSED.

Section 5.4.14 Antennas and Transmission Reception Dishes"Only antennas or dishes perritted under the FCC's Antenna Rules (47 C.F.R. Part t, Subpart , Sec. 1.400 et seq.) and the A OAO may be installed in tirePrivate Yards of Derached Garage Townihonnes ("Preferred Location"). Tire devices must ire installed onfreestanding poles that do no attach to either tiredetached garage or duelling unit. It shoud he inrstalled at a height that does not exceed that height of the fenceline. f thie installationi at tie PreferredLocation is deemed to cause tire antera user unreasonable delay or unreasonable cost and additional height allowances are required to tire extent anacceptable quality signal cannot be obtained from the Preferred Location, tire antenna tray be installed in an alternate location or ruith an additional heightallowance. A notification form describing the type of antenna (including dimensions and specifications), tire location of tie proposed antenna or dish, itd ifnot at tire Preferred Location or at a height that does rot exceed tire height of the fenceline, tire reason(s)or installing the antenna or dish in an alternatelocation or with an additional height allowance, shall be submitted to the DRC. Installation on the Detached Garage Townhores are subject to availabilityof suitable monting locations and/or devices provided by tile AOAO, Nonrirhstarding provisiors of these Desigr Gidelres to tie contrary, srbrissio ofan application atd tire priorwritten approval of tie DRC is tot reqired for antetinas ar dishes permitted utnder tire above-referenced FC Aitetna Rule."

Ke'alohi Kai Community AssociationSection 5.4. 14 Antennas and Transmission Reception Dishes -PLEASE ALSO REFER TO PICTURES #IA & #tB ENCLOSED."Only aintennas or dishes permitted under tire FCC's Antienna Rule (47 C.F.R. Part 1, Subpart 5, See. 1.400 et seq.) may be installed in tire rear yard portionof Enclosed Prirate Yards or to the rear of the hoime ("Preferred Locations"). Installation in tie rear yards should e installed ar a height that loes notesceed tlre heigt of tie fence lire. Irstallation on tire hione should be installed on the eaves of the lowest roof If tire istallatir at a Preferred Location isdeemed to cause tie antenna user unreasonable delay or unreasonable cost and additional height allowances are required to tire extent an acceptablequality signal cannot re obtained from a Preferred Location, the antenna may be installed in an alternate location or wvith an additional height allowaice.A notification forir describing tire type of antenna (incruding dimensions arid specifications). tire location of rite proposed anterrnno or disk. and if niot a aPreferred Location or at a height that does trot exceed tire height of the fence line, the reason(s) for installing tire antenna or dish in an alternate location oriith air additional height allon ance, shah be submitted to tire DRC Notivitrhstanding provisions of these Design Guidelines to the contrary, submtission of

air application atd tire prior wvritten approval of tire DRC is not required for antennas or dishes peritnitted under the above-referenced FCC Antenna Rule."

The Town Homes at Fairway's EdieIF YOUR UNIT DOES NOT HAVE AN ENCLOSED REAR YARD OR IF YOU LIVE IN A GOLF COURSE UNIT, YOU ARE REQUIRED TOCONTACT HASEKO CUSTOMER SERVICE AT 689-4400 TO COORDINATE INSTALLATION OF THE DISH ON THE TOWNHOMEBUILDING. PLEASE ALSO REFER TO PICTURES #2 & #3 ENCLOSED.

Section 5.4.14 Antennas and Transmission Reception Dishes"Only antennas or dishes permitted under the FCCs Antenna Rides (47 CF.R. Part , Suhpart 5 Sec. 1.400 et seq.) and tire AOAO may he installed in thePrivate Yards of Detached Garage Townhoies ("Preferred Location"). 77re devices must ie installed on freestanding poles that do not attach to either tiredetached garage or dinelling unit. It siold be itstalled at a heiglit tiat does tot exceed that height of the fenceline If tie irstallation attire PreferredLocation is deemned to cause tie antenna user rn reasonable delay or unreasonable cost and additional height allowances are required to the extent anacceptable quality signal cannot he obtained fron the Preferred Location, the antenna may be installed in ar alternate location or writh an additional heightalloanarce. A notificationfornn describing the type of antenna (inclding dimensions arid specifications), tire location of the proposed anrtenna or dish, and ifriot at the Preferred Location or at a height that does not exceed tire height oftiefencelinre, tire reason(s)for installing tire antenna or dish in air alternatelocation or with air additional height allowance, shall be submitted to the DRC. Installation on tire Detached Garage Towniibotres are subject to availabilityaf siitable mounting locations antlor devices provided by tire A OA 0. Notwithstanding provisionts of these Design Guidelines to tire contrar, submission ofair application and tire prior written approval of tie DRC is not required for antenas or dishes permitted under the above-referenced FCC Antenna Rule."

Ocean Pointe Satelite Installation Form (Oct 2006)

Ocean Pointe - Satellite Dish InstallationPreferred Satellite Dish Locations

Picture #1A Picture #1B

Pi4imro Af1 Picture #3

The Townhomes at Fairways Edge -Golf course townhome unitspreferred satellite dish locations.

Ocean Pointe Satelite Installation Form (Oct 2006)

Note: Each single-family home hasan access plate to the attic wherethere is RG-6 cable junction feedingall rooms of the home.

Townhome units without backyards -preferred satellite dish locations.