1.0 ITTIXODUCTSON 1. I Ke Noho Kai 1 ;2 Design Philosophy 1.3 L i t a t i o n of Liability 1.4 Building Codes, Laws, Statutes and Ordinances 1.5 Modification or Addition to the Guidelines 1.6 Document Versions 1.7 Site Information

3.0 DESIGN REVlEW 3.1 Design Review Committee 3.2 Prior to Submitting an Application 3.3 Application Procedures 3.4 Failure to Obtain Approval 3,5 Expiration Period for ~ ~ ~ r o v a l s 3.6 Design Variances 3.7 At Completion

4.0 S I ~ AND WSCMI[PJG DESIGN ~ J R I A 4.1 Genera1 4.2 Grading 4.3 Trees and PIanting Materials 4.4 Public Street Trees (including lanes) 4.5 Exterior Lighting 4.6 Exterior Paving Materials

5.0 ARCETlXCTUUL DESIGN GUID-S 5.1 Architectural Design Criteria 5,2 Materials and Colors 5.3 Setbacks 5.4 MisceUaneous External Attachments and Structures 5.5 Lanai, Entry Enclosures, Screen Doors 5.6 Second Story Additions 5.7 Roofs

Appendix A - Design Guideline Worksheets

Version 1.4 July ZOO2 Ke Noho Kai Design G l l i d e h e ~

1.0 introduction

Ke Noho Kai is the second phase of Ocean Pointe, a master-pImed community encom- passing approximately 1,100 acres, in Ewa, Hawaii. The developer of Ocean Pointe is Haseko (Ewa), Inc* The developer of Ke Noho Kai is a sister company, Ke Noho Kai Development, U C . Ke Noho Kai is planned to consist of a mix of single family detached homes and multi-family units, as well as mini-parks, and other c o m o a areas.

As the purpose of a master-planned commu- nity is to optimize the relationships among aIl its constituent parts-from industrial and commercial areas, to individual homes, to shared thoroughfares and remeation areas- developmental guidelines are necessary to promate the community's evolution in a rnamer consistent with the original design principles, as approved by the City and other governmental agencies.

Because Ke Noho Kai is a Planned Devel- opment (PDH as dehned by theZand Use Ordinance of the City and County of HonoIuIu), special restrictions and conditions are applicable to its design and modification.

The purpose of these Design Guidelines is to preserve the special character of Ke Noho Kai, which has been attained through conscientious design and which ultimately contributes to the value of all properties in the development n e

Guidelines are intended to be illusmtive of acceptable improvements and seek to an overall h e w o r k for future modifications and expansion, achieve and maintain a sense of community identity, arid balance the free- doms of the individual with the community's collective good.

These Design Guidelines are both prescriptive and resrrictive. The s i n g l e - f d y homes and bwnbomes which make up Ke Noho Kai are permitted a limited number of buiIding addi- tions based on dwelling type, available lot area, and location on site. These additions are shown in t b i s document. Other home modifi- cations described in this document inciude repair, renovation, decoration, landscaping and detached structures.

These Design Guidetines are authorized by M c i e 7 of the Declaration of Covenants for Ocean Pointe. Also influencing these Guidelines are the Ewa Marina Urban Design PIan (UDP) approved in 1994 and the PDH Housing Pennit issued by the Department of Piannlog and Permitting (DPP) of the City and County of HonoluIu in 2001. These documents may be amended from h e to h e . Most of these documents are avaiIabie for viewing at the office of the Design Review Committee.

Should conflicts occur between the Design Guidelinesad those listed above, the more restrictive shall control.

Version 1.4 July 2002 KE Nwho Kai Derim Guidelines

1.0 introduction

1.2 DESIGN PHILOSOPHY

Ke Noho Kai is a planned development, that allows for more closely-spaced structures, primarily single family homes and multi- family buildings, in exchange for common areas to be enjoyed by the entire commllnity. The resulting building dmsity and resulting lot shes increase the need for architectural cohesiveness. Modifications are also limited by available lot area.

Ke Noho Kai is planned with some of the principles of t~aditional urtsan design. The design attempts to recreate the best aspects of tmditional neighborhood developments com- bined with modern planning that improves interaction between residents, and reduces the automobile's influence on house design and day-to-day living. Streets, sidewalks, and landscaping are arranged to calm traffic and provide a gendly pedestrian environment

Ki Noho Kai features a plan consisting of a network of interconnected public streets and private lanes at the rears of houses and townhome buildings. Garages are located at these rear lanes, allowing the fronts of homes to open directly onto the public street. Uniquely, rather than having two "walls" of two-car garages bordering the

street (predominant in most subdivisions), the streetscape of Ke Noho Kai consists of an interesting variety of house facades and shade trees, a ta t ing an ambiance reminis- cent of tree-lined neighborhoods of early twentieth century towns.

The houses, being detached from their respective garages, enjoy window views on all sides. Each grouping of garage, house, and fences form private outdoor spaces to be enjoyed by Owners. The easy visual and physical availability of the front door to the street allows for more neighborly interaction and accessibility to visitors. Street trees provide shade, shelter, visual interest and living sense of place.

Ke Noho Kaiys design Is the culmination of a careful balance of good planning, good architecture, and affordability. It is cohesive- ly developed by a single entity, using a consistent vocabulary of materials, shapes, f o m and spaces. The developers are com- mitted to assuring tbat future improvements are fully compatible with the orighal design intentions, from functional and aesthetic standpohts,

These Design Guidelines are an expression of that c o m m i ~ e n t.

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1.0 introduction

1.3 LIMITATION OF LIABILITY

The Design Review Committee @RC) is autho&ed by the Covenants, Conditions and Restrictions (CC&R'sf for Ocean Pointe and is initiaIIy set up by the Master Developer. The DRC's approvaI of an Application for Design Review reflects its review for compli- ance with thcse GuideImes in terms of a p p e m c e only. The Owner is responsible for the stnrcturaI soundness of construction and cornpIiance with all governing codes and laws. The Master DeveIopa, Board and the DRC (a11 as defined in Section 2.0) are not responsible for the construction nor any work that does not comply with appIicable laws.

In approvhg proposed improvements, the Master Developer and the DRC are not w m h g that improvements will be:

a. Lndividually pleasing to all parties;

b. ArchitecturaIly sound;

c. Structurally sound;

d. Economically sound;

e. Fit for its intended purpose;

f. Useful for any purpose; or

g. In compliance with any building codes or other laws, regulations, rules, or ordinances including, without limi- tation, the provisions of tbe Americans with Disabilities Act.

1.4. BUILDING CODES, LAWS, STATUTES AM) ORDINAlVCES

The DRC's approval of any addition or aIteration does not relieve tbe Owner of the Owner's responsibiIity to comply with appIicabIe Iaws. Smchual additions must be designed to comply witb the building and zoning codes of the City and County of HonoIuIu in effect at the time of the intended work. R e Owner is responsibIe fur obtaining alI the necessary permits fiom the appropri- ate agencies prior to the commencement of any proposed work.

1.5 MODIFICATION OR ADDITION TO THE GUIDELTNES

These Design Guidelines cover improvements and items that the Masta Developer and Developer anticipate may be presented to the DRC for approva1. However, the Design Guidelines do not attempt to cover every possible improvement or item that couId be presented to the DRC. Accordingly, the DRC may modify, cl& or enhance these Guidelines from h e to time, incIuding promulgating additional guideline to cover improvements or items not currently covered by these Guidelines.

1.6 DOCUMENT VERSIONS

JuIy 2002 Version 1.4. Initial pubIication and adoption,

Version 1.4 July 2002 Kc Noho Kai Design Guidelines

1.7 SITE INFORMATION

Location: Intersection of Keoneula Boulevard and Fort Weaver Road, Ewa Beach, Oahu, Hawaii

County: Honolulu District: Ewa Zoning: A- 1R-SIT-2

Occupancy @er the BuiIding Code):

Single Family Houses: Group R, Division 3

Townborne Buildings: Group R, Division I Gamges: Group U, Division 1

Location Mop

I

Location Plan me depicrian of Ocean Poinre is concepeaf and ir d j e c r to change).

Version 1.4 July 2002 Ke Noh0 Kai Design Guidelines

f i a e dgfiniriom arepmvidedfor use in this document only. Refer to the Muter Declaration $Coven anrr for addiiional d~jnitiuns.

Air Conditioners Air handlers, compressors, duct work and all associated piping are considered part of the air conditioners.

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

Building Area Area of the building "footprint" as defined by the LUO for the purpose of calculating lot coverage.

Buiiding Code The Building Code of the City.

City The City and County of Honolulu.

Declaration of CPR The Declaration of Condominium Property Regime applicable to a Townhome Unit

Design Review Committee @RC) Design Review Committee created pursuant to the Master Declaration of Covenants, whose duty-it shall be to consider and act upon all construction, repal. and other improvement activities in Ocean Pointe.

Developer Ke Noho Kai Development, LLC., a limited liability company, and any of its successors, successors-in-title, or assigns.

D PP The City's Department of Planning and Permitting,

DPP Declaration of Covenants The Declaration of Restrictive Covenants recorded against the Lot or Townhome Unit restricting improvements.

Dwelling Unit (DU) A collection of rooms, containing a single kitchen, constituting an independent house- keeping unit for a family. A Single Family home or Townhome Unit.

Easement: Private or common lands dedicated 'for a specific use, in which other uses are Iimited or not permitted.

Excavation Any disturbance of the surface of the land (except temporary for planting) wbich results in the removal of earth or rock for a depth of more than 18 inches.

Existing Grade The topography of the Lot at the time the Lot is conveyed from the Developer to the original purchaser.

Fill Any addition of rock or earth materials to the surface of the land, wbich increase the previous elevation of such surface by more than 18 inches.

Finished Grade Final gmde as approved by the DRC and the City and County of Honolulu.

Floor Area The enclosed building area as defined in the LUO for the purpose of calculating floor area ratios, and maximum floor area allowed by the Cluster Housing Permit.

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Front (of the building) The side of the building facing the public street used for its address.

Front Yard The area between the front of the building and public rights-of-way, not including service and access easements.

Improvements The result of any and all work to improve real property, including but not limited to buildings, patios, garagks, driveways, fences, retahing walls, s-g pools, landscap- ing, and utilities.

Ke Notto Ksi Declaration of Covenants The Declaration of Covenants, Conditions and Restrictions for the development.

Landscape Completed improvements that meet the Landscaping section of these Guidelines.

Lot h y legally subdivided parcel of land, togeth- er with all improvements constructed thereon.

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

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

Mnster ~ssocia t ion Ocean Pointe Residential Community Association, Inc., organized under Ihe laws of the State of Hawaii, and its successon or assigns.

Mnster Declaration of Covenants The Declaration of Covenants, Conditions and Restrictions (CC&Rs) for Ocean Pointe.

Master Developer H&eko (Ewa), Inc., a Hawaii corporation, and its successors, successors-in-title, or assigns; developer of Ocean Pointe.

Owner The person, persons or legal entity which hold the record fee simple title to any Dwelling Unit but excluding in all cases any'entity holding an interest merely as security for the performance of an obligation. "Owner" shall not include the Master Developer concemiag any Lots owned by the Master Developer.

Planned Development Housing (PDBC) A flexible plgmhg p a t administered by the Department of Planning and Permirting which allows a mixing af housing types and unique plaaniag that is not possible utilizing standard zoning ordinances. Ke Noho Kai is a location and site specific PDH implementa- tion that gives the development its distinctive neighborhood, open space and pedestrian quality Several design requirements of the PDH are reflkted in these Design Guidelines and other project documents including the use of open spaces, lanes, building design and landscape standards.

Ptot Plan The plan indicating the lot, surrounding properties and streets, metes and bounds, easements, locations of buildings, and other improvements thereon. The Approved Plot Plan shall be that which is duly stamped as approved by the City as part of the building permit for any Lot.

Version 1.4 = July 2002

Properly Line The imaginary line separating the p ropeq from otherpmperties, street, and other easements.

Retaining Wall Any structure used for the purpose of contain- ing or supporting any embankment, fill or other earthen form.

Sen i re Lane Easements to the sides of and behind dwelling units that are dedicated for vehicular and pedestrian access and utility purposes.

Single Family Home A detached building or buildings used for residential purposes for one nucIear family, together with any garages, or similar out- building, whether or not part of the same structure.

Standard Options These are options offered to the original buyer and described either in the options package for each type of buiIding, approved by the City and Developer. Selected Standard Options are shown diagrammatically in this document in Sections 9 and IO. Stkndard Options are only approved for exact match in manufacturer, design, dimensions, texture, color and installation.

Total Area n e total area of a11 floors of a11 structures on the Lot measured to the outer face of waIls, supports and balconies. Unroofed structures flush with finished grade shaIl not be considered part of total area.

Townhome Building A building containing three or more attached dwelling units.

.Tctwnhome Unit A Dwelling Unit in a Townhome BuSdipg.

Traffic Sight Line Distance Area of Control The area at street intersections or bends which is controlled by the HonoIulu D e p m e n t of Transportation Services. Construction and landscaping in the prescribed h a is limited in height to allow adequate sightlines for motorists.

Vcrsion 1.4 July 2002 KC Noho Kai Design Guidelines

3.0 Pesim Review

3.1 DESIGN REVIEW COMMITTEE

3.1.1 The Master DecIaration of Covenants authorizes the formation of the DRC, which is charged with presenhg the visual character of developments within Ocean Pointe, It regu- Iates a11 improvements which affect visual character-primarily the exteriors of buildings and Iandscaping-to maintain consistency with the intentions of the original designs. Approval requirements, methods and proce- dures may be revised at the soIe discretion of the Master Association or DRC. AlI appIica- tions must comply with the Design GuideIine requirements in effect at the rime of submittal.

3.1.2 The DRC shall consist of three to five members and may, but need noc incIude architects, engineers or simiIar professionaIs.

3.1.3 The DRC has jurisdictioa over alI construction, additions, alterations or repairs on any portion of Ocean Pointe, including Ke Noho Kai. The DRC is responsible for review- ing a11 applications for construction, additions, modifications, and site improvements visible from streets or neighboring properties. .

3.1.4 The DRC shaII not be required to review improvements to a DwelIing Unit that are instaIIed or constructed by the Master Developer or DeveIoper for the original pur- chaser of the DweIIing Unit Such improve- ments shall become standard options.

3.1.5 The MastmAssociation is empowered to enforce the provisions of the M a s k D e c W o n with respect to ~ c p k h g compliance by any Owner, who must r e c a any violations at the Owner's own expense. Ethe Owner fails to do so, the Master Associiation may enforce the provisions of these Design Guidelines at the Owner's expense, including costs of ~ectifi- cation, removal, and artorney's fees.

3.2.1 Before s u b m i a g an Application for Design Review, the Owner or the Owner's design professional shall ascertain as com- pIetely as possible that the proposed work compIies the Master and Ke Noho Kai DecIarations of Covenants, the LUO, the DPP DecIaration of Covenants, the Building Code, and the Declaration of CPR (if applicable), as well as requirements of other permits issued by the City or other agencies. Most of these documents are available for review at the office of the DRC.

3.2.2 The DRC's approval must be ob-bed before any submittal to the City. Fdure to do so may result in the rejection of applications of permits by the City untiI DRC appmval is granted.

3.23 All appIications &om condominium associations must be accompanied by condo- minium board approvals prior to acceptance by the DRC for review.

3.2.4 The DRC wilI not consider any appli- cation kom an Owner who is not in good standing, i.e., has outstanding violations of the Master DecImtioa of Covenants, Ke Noho Kai Declaration of Covenants, or of these Design Guidelines.

32.5 AlI applications for Minor and FulI Permits require the consent of adjacent property owners prior to acceptance by ,the DRC for review.

Version 1.4 July ZOO2 Ke Noho ffii Desiw Guidelines

5.0 Desim Review

3.3 APPLICATION PROCEDURES

3.3.1 Application. Owners must submit one completed copy of the Application for Design Review for each proposed improvement (or group of improvements to be impIemented at the same time), together with the documents outlined in this section. AppIication forms can be obtained fiom the DRC, whose ofice is Iocated at 820 MiIiIani Street, Suite 820, Honolulu, Hawaii 968 13. Contractors, consul- tants, or design professionals may not submit an Application on behalf of an Owner.

33.2 Preliminary Review. In special ckcum- stances, where a proposed improvement is uniquely different or not covered under these Guidelines, a preIiminay review may be requested, Such appIications shall be promi- nently marked T o r Preliminary Review"

- on each sheet of drawing or other attached document and be accompanied by one half of the appropriate fee prescribed in this section.

3.3.3 The requked documentation for prelim- inary review shaII be prepared at a conceptual or schematic design Ievel suBcient to iI1us- &ate the general nature and scope of the proposed work, incIuding information on materials, finishes and colors.

33 .4 The DRC will approve or disapprove Applications for Preliminary Review at its sole discretion. Upon approval, the Owner may proceed with the %I1 application by submitting the balance of the required review fee, together with the required documents.

33.5 Fees. Each application must be accom- panied by the appropriate review fee.

A. Standardized Permit: $25.00 I . Replacing or adding gutters. 2. Adding screen doors or other

fencing such as gates.

3. Maintenance and Repairs Permit. No fee wilI be charged if the work replaces existing materials and colors with sub- stantiaIIy identical materials and colors.

A $50.00 fee will be charged for the foIiowing types of maintenance and .repairs not described above. I . Re-roofing. 2. Repainting. 3. Replacing siding and trims. 4. Replacing windows and doors. 5. Replanting. 6. Re-surfacing driveways and

exterior paving materials. 7. Repairing or placing fences

or wa1l.s.

C. Minor Permit: $100,00. For sik improvements and structures as listed beIow: 1 Walls, fences, retaking &Is. 2. Swimmiog pools, spas, ponds. 3. Driveway slab, patio slab, other

hardscaping. 4. ZnstalIation of solar panels,

(where permitted). 5. Landscaping other than replace-

ment and replantiag. 6. Any doghouse, tool shed, barbecue

pit, mailbox or any other pema- nent structure.

7. Any other type of site improve- ments or structures determined by the DRC to require a minor permil

Version 1.4 July 2002 Ke Noho hi Design Guidelines

3.0 Design - Review

D. Full Permit: $200.00. For building and structural work entail- ing additions and modifications to the building or structure of the original dwelling and garage, regardless of construction cost. 1. New building or structure. 2. Garage extension. 3. Lanai extension. 4. Roof extension. 5. Covered walkways, trellises,

gazebos.' . 6 Any other type of site improve-

ments or stfuctures not previ'ously described, or deemed by the DRC to require a major permit.

E. Resubmittals. There is no charge for the initial resubmittal in response to the DRC 's comments. An additional 50% of the original fee will be charged for any subsequent resubmittals, or for any resubmittal involving changes substantial enough to be considered a new design.

F. Consultants' Fees. EF the DRC determines tbat an Application for Design Review requires the review of a professional consultan4 including architects, engineers and other professionais, the DRC may charge the consultant's fees to the Owner (in addi- tion to the DRC's basic review fee); provided that before any consultant review is commenced, an estimate of the consdtant's fee shaU be determined and approved by the Owner in writing. The consdtant may be a member of the DRC.

G. DRC Expenses. The DRC may charge any costs incurred by the DRC or its members in connection

with the DRC's review of an Application for Design Review. Such costs or expens- es s h d be in addition to the DRC's basic review fee and any consultant's fee,

33.4 Review, The DRC review process begins when the application and all requited drawings and documents are received by the DRC.

3.3.5 Documentation Requirements.

A. Mabtenance and Repairs Permit. Even if no fee is required, submit: 1. Threg copies of a Plot Pt an

(scale: I inch = 20 feet) indicating diagrammatically the extent of the proposed Maintenance and Repair work

2. Material and color samples, mounted on 8 1/2" x I I" cards.

3. Minor Permit-Architecml. Submit three copies of the following documents: I . Plot Plan (scale: 1 inch = 20 feet)

Tbe location of proposed attach- ment or structure must be clearly indicated on the Plot Plan. Submit a roof plan showing the location of proposed roof attachments, if applicable.

2. Design drawings andfor manufac- turers product brochures. Detail design drawings must be submitted for any custom design of any per- manent structure. Manufactwen' original product brochures are required for any ready-to-install products.

3. Material and color samples, mounted on 8 10" x I I " cards.

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Ke Noho bi Design Guidetines

3-0 Desip;n -. Review

Minor Permit-Landscaping. For land- scape improvements, three copies of the following are required: 1. Plot Plan (scale: I inch = 20 feet)

The location of all landscape and paving work, with names of new planting materials, must be shown. Lo addition, information concerning irrigation systems, drainage, light- ing or any changes in utility services shall be submitted as applicable, If grading work requires drawings signed by a licensed professional, such draw- ings shall also be submitted.

D. Full Permit. Submit three copies of the following documents: I . Plot Plan (scale: I inch = 20 feet).

The footprint of proposed addition or arteration must be clearly indi- cated on the Plot Plan. Any chmge in grading must also be indicated.

2. Building Plan (scale: 1 / 4 inch = 1 foot). Drawings, at the "schematic design /design development" level of detail, properly drafted, showing any structural modifications, square footage additions, electrical work, drainage and any other pertinent information necessary for the DRC to review the proposed changes. If such modification requires the sig- nature of a licensed professional to be filed with the City and County of Honolulu's Department of Planning and Permitting, the draw- ings submitted to the committee must also bear the signature of the same licensed professional.

3. Exterior Building Elevations (scale: 114 inch = I foot). Drawings of all exterior elevations of addition showing roof pitches, eave height, overall roof height, materials and colon. The color scheme of original structure must be indicated.

33.6 Size of Drawings.

I. Specifications, warranties, product literature, correspondence and sirnilar infornation: 8 112" x 1 I" (W.S. letter size) paper.

2. Applicants shall submit the remain- ing drawings and documents in one of the following sizes: 8112" x 11" 11" x 17" 24" x 36" 30" x 42"

3.4 FAILUIiE TO OBTAIN APPROVAL

3.4.1 Written approval from the DRC must be obtained prior to the start of any work. A building permit issued by the government does not guarantee DRC approval.

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

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3.0 Design - Review

3.4.3 If an Application for Design Review is subsequently refused by the DRC due to the Owner's failure to comply with these Guidelines, the Owner shall remove any work done at the Owner's own cost, pursuant to Article 7 of the Master Declaration of Covenants. The DRC will not modify the approval process or the standards in the Guidelines solely because an Owner has started work, aranged Pmiincing, entered into construction or installation contracts, or received approvds fioopl other agencies.

improvements that are not specifically covered in these Guidelines, but that follow the spirit and intent of the Guidelines,

3.6.2 Procedures and fees indicated for Preliminary Review shall apply.

3.63 If the proposed improvement has significant merit, the DRC may issue an approval together with a Variance Approval notice.

3.6.4 The DRC may use such precedents to update these Guidelines corn t h e to time.

3.5 EXPlRGTION PERIOD FOR APPROVALS

35.1 Once an Application for Design Review is approved, the applicant must start construction within one calendar year of the oEcial date of approval, or the approval will be void and a resubmittal will be required. Al l site and building work should be completed within two calendm years of the date of Approval, or an extension is required to be filed with the DRC.

3.5.2 If the commencement of work is delayed, the Owner may submit an Application for Extension of Time prior to the expiration of the initial one year. This extension will be valid for six d e n d a r months a k the original one year. The time to complete the improvements will also be extended by six calendar months.

3.5.3 No Eurther extension of time will be permitted.

3.6 DESIGN VARIANaS

3.6.1 An Owner may submit an Application for Design Review that consists of proposed

Version 1.4 July ZOO2

3.7.1 Within 30 days after the work is sub- stantially completed, the Owner shall certify on the form provided that the completed 'work substantially complies with DRC-approved documents.

3.7.2 If a building permit was required, within 30 days after the work is substantially completed, the Owner shall certiQ on the form provided that the completed work complies with DRC-approved documents and City-approved documents.

3.73 If a building p d t was required, along with the stamp and signature of a licensed professional, within 30 days after the work is substantially completed, the Owner and the licensed professional shall certify that the completed work complies with DRC approved and City-approved documents, the Iarter being the "JOB SITE'' set of drawings, specifications and other calculations, as stamped by the City.

Kr: Noho Kai Design Guidehes

4.0 site and ~ a n d s c a ~ i n ~ a Desigp criteria

4.1. GENERAL

4.1.1 All landscaping must be approved by the DRC, in compliance with the Master DecIamtion of Covenmts and the Ke Noho fCai Declaration of Covenants. Owners must maintain their properties' Iot drainage and Iandscaping to the standards and concepts established by the ori@ design.

4.1.2 Tfie yard eonling public streets shall be maintained in a manner consistent with its original design, so that the appearance of the streetscape is kept consistent. This design is specifically approved in the PIanned Development Housing approval by the City.

4.1.3 The Owner shall accept the condition of the Owner's b t or Townhome Unit "as is" and shall be responsible for m h g required iandscape improvements withj~ the period stipulated in the governing documents,

4.1 "4 The Owner or occupant shaIl cboose plant materials Erom the Planting Materials List contained in these Design Guidelines, When landscape improvements require exten- sive grading and time beyond those specified herein, a formal application for t ime exten- sion and grading permit must be submitted to the DRC,

4.2.1 AII grading, excavation, fill and site work shall be done o d y in accordance with approved drawings and at the expense of the- Owner. Excavation, footings or drainage areas extending beyoad the subject property Iine

wilI require the written permission of the affected adjacent property Owner(s). All hU materials brought to site must be free of termites and deleterious matter.

4.2.2 Whenever excavation or Bl creates an unstable bank condition, the Owner shall take appropriate action to control and retain the embadupent. All retaining walls created shall comply with the requirements specified in these Design Guidelines. E L f d k g causes .

the desmction of existing drainage swales or alters the natural drainage parteras, it sM1 be the Owner's responsibility to correct any adverse effect on the Owner's lot and any affected adjacent lots.

43.1 Trees shall not be pIanted within three feet (33 of property lines and utility lines, walls, bugding foundations and ov&angs.

Care should be taken in planting young trees near side and rear property lines. As trees mature, the canopies of branches and foliage grow dFamaticaIly and can easily infjtinge on neighboring properties. (The foIIowing paragraph clearly states the gxidelines for tree planting). Property o w n m should be cautious about allowing height of matwe trees to overwhelm neighboring properties, unnecessarily closing them in. Please exer- cise good judgment and be mindful and considerate of your neighbors

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4.0 Site and ~ a n d s c a ~ i n g Design Criteria I - -

43.2 Root barriers shaU be instdIed where trees are planted in the vicinity of adjacent properties, building foundations or walls. Trees with aggressive root systems, large or high canopies, or which drop large quantities of leaves or h i t , such as Moakey Pod, Banyan, Autograph Tree, B r e a m i g Litchi and Mango, shall not be planted. Poisonous plants and vegetable gardens are also not pemrirted,

4 3 3 No. trees shalI be planted in the TraEc Sightfine Distance Areas of ControI.

4.3.4 Trees shall be kept b e d and in good condition. A\i bees on the lot are the home- owner's responsibility to maintain and replace if they become diseased or die. (The parkway strip bees are in a common m a except that the adjacent lot owner irrigates them.)

Trees shaIl be pruned to avoid foliage touch- ing any part of the home. A tree canopy may have a maximum width of eight feet (8') and a maximum height of twelve feet (12').

cover as ori@naIIy provided by the DeveIoper up to the edging ships.

4.3.7 Hardscape in rear lanes. The rear lanes in Ke Noho Kai have bem carefully designed to provide an aes the t idy pleasing envkon- mmt for pedestrians and others using the lanes. In order to preserve the original intent of the design, paving is only allowed for the width of garage doors or gates. All spaces or intervals between garage doors or gates shall remain landscaped. Should a gate be removed, the Owner is required to replace any concrete or hardscape with landscape material.

4.3.8 Fences and retaining wdls. All fences provided to the Owner shaII remain* No additional fencing is allowed, AfI replace- ment fences are to match the orighaI materi- al, Einish and color. No chain link fencers or metal fences are allowed. Solid exterior wd l s or retaining walk shall comply with Appendix A- Fence & Retaining WaIi Design Guidelines.

ReguIar maintenance and trimming will help keep kern healthy and in compliance of these 4.4 PUBLIC STREET llU3ES guidelines. (including Ianes)

4.3.5 S h b s or hedges dong fence Iines are to remain in place. It is the Owners responsi- bility to maintain the planting materials to the standards required by DPP. The hedges are to be at least 30 inches fiom the ground and not higher than the top of the fence line. If a gate is added the shrub or hedge can only be removed for tbe width of the gate subject to DRC approvaI.

4.3.6 Front yard and rear lane landscaping. h d s c a p i n g in these areas require that the Owner maintain the area of grass or ground

4.4.1 Street trees are Iocated within public right of ways according to governmental re,dations to provide shade, controI solar radiation, promote walkable neighborhoods, moderate the climate for entire neighbor- hoods, buffer t raEc and other noise, provide habitat for birds, and to enhance the architec- ml character of a neighborhood by soften- ing the effect of structures, promote visual formality and aesthetic interest, and screen undesirable views. Addition or removaI of street trees require DRC and appIicable govenunmtal approvaIs.

4.0 site and ~ a n d s c a ~ i n ~ I - Desigp - Criteria

4.4.2 Trees planted in rear lanes serve the same purpose as street trees'within the public right of way and are required planting accord- ing to the DPP PDR approval. Trees within the rear lane areas are to be maintained by the property owner at a height limit of 25 feet.

4.43 No trees planted by the Master Developer shall be removed or cut down without prior approval by the DRC. Property Owners shall observe the rules established by the City's Depament of Transpofiation Services or its successors.

4.5.1 No light source (i.e., the lamp) shall b~: visible &om the street or h m neighboring dwelling units.

4.5.2 All exterior lighring shall be subdued or shielded to prevent glare on sunrounding properties and streets. Fixtures with full cutoff shields are preferred.

4.5.3 The following types of lighting .are permitted: low voltage, low-to-the-ground lighting installed for landscaping accents; security fights, provided that any security light, hcluclbg motion-sensitive lighting, must be of residential grade (not industrial or commercial) and must match the color of the house or trim; and fluorescent lighting, pro- vided that these fixtures must have an apron around the outside of the light which matches the surface to which it is attached and must block the light / glare to neighboring units and must restrict the Light source to the Owner's Dwelling Unit. AU related wiring must be furred or hidden from view. If not possible, then wiring and conduits shall be painted to match the surfaces on which they are fastened.

4.5.4 Mercwy vapor and lowhigh pressure sodium lamps are prohibited.

4.6 EXTERIOR PAVlNG MATERJALS

4.6.1 Paving materials shall be e a r d tones.

4.6.2 Recornrnended paving materials:

a. Uncolored concrete with sand, trowel or -broom finish.

b. Brick paver tiles in earth tones. c. Stamped concrete; in earth tones. d. Other permanent paving materials

with matte Finishes, in neutral or muted earth tones.

e. Staiss and pathways may be tiled as long as the above is followed.

4.63 Paving Materials Not P d t t e d

a. Asphdtic concrete is not permitted except in rear lanes and Public Rght of Ways as provided by the Developer.

b. Carpeting, artificial huf or other similar materials.

c. Painted surfaces.

Version 1.4 July 2002 Kc Noho Kai Design Guidelines

3.0 ~rchitectural I3esi.q - ~uideI ines

5.1 ARCfIl[rTECTURAI, DESIGN cmFUA

5.1.1 Introduction. The design criteria are organized in two pa-. The Section 5 Guidelines are general and conceptual, while Appendix A are detaiIed guidelines for Re Noho Kai.

5.13 Standard Options are pre-approved designs, provided that the rules of the LUO, Building Code and other codes are met

5.13 An application for design review as described in Section 3.0 must be submitted ia all cases (inctuding Standard Options).

5.1.4 Applications for designs that vary in layout, materials and square footage fiom those of the Standard Options will be consid- ered on their individua1 merits. Owners seek- ing variances are to submit a written description of the specific issues in addition to the submission drawings specxed herein.

5.1.5 Owners are advised to review and com- ply with the DPP Declaration of Covenants for the Owner's Lot or Townhome Unit.

5.2 MATERIALS AND COLORS

5.2.1 Ke Noho '&ti has been carefully designed as a planned housing deveIcrprnent with the same high quality rnateriaIs for a11 the units regardless of the price range. For h i s and other reasons, all structural additions, alterations and new construction must use materials that are substantially similar to those in the Materials section in these guide- Iines. MI materials used for improvements shall be termite and fungus-fiee and shall not be previously used,

5.2.2 Exterior colors have been approved by DPP as a part of the PDH requirements. In general, variations fiom color are not allowed. A variance in material or color wiII be considered at the discretion of the DRC if an approved material or color is discontinued, or if a proposed new material will enhance the aesthetic appearance of each sub-develop- ment subject to DPP approval.

5.2.3 Once an approval bas been granted by the DRC, no substitution of materials or colors'is permitted. Changes must be submit- ted with a new Application.

5.2.4 Other than routine maintenance and touch-up (less than 10% of the total surface area), including repainting with an existing original color, approv a1 is required for paint- ing, including painting to match existing colors. When a building addition is required to match the existing structure, the Owner wiII be required to cany the new paint to a natural breaking point in the building such as a corner, change in pIane, or a change in materials, in order to blend with the existing paint.

5.2.5 When replacing existing roofing or repainting the exterior of a uaif the original color scheme combination must be kept intact. If the Owner wishes to select another color scheme combination, approval must be obtained fiom the DRC. No "mix and match" of colors &om different color schemes wiII be permitted,

Version 1.4 Juty 2002 Ke Nobo Kai Design Guidelines

5.3 SETBACKS

M setbacks that apply to the original construc- tion also apply to improvements. The Owner cannot erect any addition that encroaches into any setbacks or easements shown .on the Approved Plot Plan on file at the'DPP.

5.4 MISCELLANEOUS EXTERNAL ATTACEEMXNTS AND STRUCT-S

5.4.1 Items visible fiorn Neighboring Properties .and Streets. All items visible hrn neighboring properties and streets shall fol- low the criteria stipulated in this section. Any item not covered by this guideline shall be subject to review and approval by the DRC.

5.4.2 Dog Houses and Tool Sheds. Dog houses and tool sheds visible f b r n the street are not allowed. Permanent tool sheds will be reviewed with the same criteria as other structures. Prefabricated tool sheds will be considered for review if the Owner provides evidence that they comply .with all applicable building codes, are not visible &om the street, are less than 8 feet in height and adjacent neighbors approve their use.

5.4.3 Laundry and Clothes Drying Areas. Only portable clotheslines may be used, and only in the fenced rear yard of any Dwelling Unit. No iaundry or clothesline shall be hung on or fiom any second story.

5.4.4 Built-in Barbecues. Permanent barbe- cues shall be concealed fiom view fiom streets and common areas. The applicable setbacks for the property shall also apply to built-in stsuclres. The foIlowing features are prohibited:

a. Open flame barbecue pit. b. Smoke that causes annoyance

to adjacent residents. c. Storage of tanks of cooking gas

that may be a fire hazard or prohibited by code.

5.4.5 Lanai Drop Blinds. A11 designs and colors for lanai drop blinds visible fiom the street or neighboring properties shall be approved by the DRC. Blinds for all lanais of an individual t o d o m e building shall be . uniform and agreed upon by all Owners of such building prior to seeking approval fiom the DRC. Individual property Owners are responsible for ensuring that the blinds are maintained in proper working condition and are tied down in high winds to avoid causing annoyance to adjacent residents.

5.4.6 Mail Boxes and Other Design Elements. All mailboxes and exba-ior design elements shall remain as originally provided by the developer. Reflective materials may not be used for house numbers. All other materials and surface must be h i shed with paint or specialized coatings to withstand the elements.

Version 1.4 * July 2002 Ke Noho bi Design Guidelines

5.4.7 Solar Uoits. Solar units shall meet the foUowing aiteria:

a. Except as may othmvke be parnit- ted under the townhome's Declaration of the Condominium Property Regbe, sofar paneb are not allowed on towhome buildings or garages.

b. To the maximum extent possible, solar units shall be mounted on detached garages.

c. To the maximum extent possible, solar units must be integrated into the architecture and design of the buildings. No part of the solar panels, piping or any exposed part of the insfallation, including the roof-mounted tank of the system, may be higher than the nearest roof peak

d. Reflective surfaces are not permit- ted for any exposed parts. Exposed surfaces must be painted to match the surface on which it is mount- ed. Owners shall ensure that all surfaces are properly maintained to prevent the peeling and crack- ing of paint.

5.4.3 Signage. Signage is subject to the LUO as well as signage guidehes.

5.4.9 House Numbers and Signage. All signs shall comply with applicable signage laws. The following signs within hts are permitted:

a. House number complying with City ordinances. For Townhome Units, the type of house numbers shall be the same for all units.

b. Signs that may be required by legal proceedings.

c. +Tor Sale" or T o r Rent" signs having a maximum face area of four square feet each, referring o d y to the property on which it is located. Only one such sign per Lot is pamirted at any given time.

5.4.10 Window Tinting and Reflective Surfaces. Non-opaque, non-reflective, window tinting installations are permitted provided they meet guidelines established by the DRC, No reflective finishes or paints shall be used on the exterior of house visible from the street or adjacent properties. Owner is responsible for maintaining tinting and that it is aesthetically pieasing,

5.4.11 Party Tents and Temporary Structures. f arty tents and temporary structures for a special event may be erected ao more than 48 hours prior to the event Tbe Owner is responsible for the removal of such structures within 48 hours after the event. Placement of any temporary structures on any property for any purpose longer than four days wiIl require DRC approval. Any structure aot defined as a temporary structure in the C C & k shall be subject to DRC approval.

5.4.12 Lanais and Entry Enclosures. Front entries may not be enclosed. Rear lanais may be enclosed, and the proposed design of .

enclosure are subject to review by the DRC.

5.4.13 Air conditioners. WaU mounted air conditioning units that are visible &om the exterior are not permitted. No air conditioner may be installed in any window. Free s t a d - ing air compressors for central air condition- ing or "split units" are alIowed provided they meet applicable side yard requireineats and height limitations. Compressors are to mounted on ground and are not to be visible from the street.

Version 1.4 * July 2002

5.4.14 Antennas and Transmission Reception Dishes. Only antemas or dishes

under the FCC's Antema RuIe (47 C.F.R Part 1, Subpart 5, Sec, 1.400 et. seq.) may be instaIled. It should be insta1Ied at the rear of a11 Dwelling Units or on .the side of garages of Single Family Homes facing the Dwelling Unit. It should be installed at a height that does not exceed that of the eaves (gutter line) of the h t floor. The DRC may allow alternative locations to the extent an acceptable quality signal camot be obtained from these locations, subject to compliance with certain antenna guidelines, which may be obtained from the DRC. Plans showing the w e of antenna (incIuding dimensions and specifications), the location of the pro- ~ o s e d antenna or disk, and the name of the television service provider sha1I be subrnit- ted to the DRC no later than seven (7) days prior to installation.

5.4.15 Pools, Hot Tubs. Above ground pooh are not allowed. Above ground, premanufac- m e d hot tubs will be reviewed for consisten- cy with the Design Guidelines. ShouId hot tubs be approved Owner is responsible for maintaining hot tub in working condition and that it is aestheticdly pleasing.

5.5 LANAI, ENTRY ENCLOSURES, SCREEN D O O M

5.5.1 Entry porches may not be enclosed Rear yard lanais on single family residences may be enclosed, subject to appro& by the DRC.

5.5.2 Single famiIy screen doors shall be a traditional conservative design generally straight, with clean vertical and horizontd design without m y ornamentation and must

be of a non-reflective surfaces matching the paint trim coIor of the door jamb or provide a tastehl contrast. AbsoluteIy no skcurity screen doors are approved.

5.53 Townhome screen doors shall be reviewed subject to prior approval by the appIicabIe condominium association utiIizing the guidelines in Section 5.5.2 above.

5.6 SECOND STORY ADDITIONS

5.6.1 To preserve the a r c h i t e c m character of Ke Noho Kai and existing view planes and sight lines from each property, no second floor additions or height increases are permitted.

5.7 ROOFS

5.7.1 .New roofs must replicate the o r i m design in form, material and color. The roof itch shall match that of the Dwelling Unit Connections between existing roofs and new roof additions must preserve the overall form and archtectllral style. Flat or W a r d roofs are not permitted, except at covered walk- ways (as shown herein). Roofs made of fabrics (canvas, PVC tarpaulins, etc.) are not permitted.

5.7.2 Downspouts must be located so as to discharge the runoff entirely within the proper&. AlI gutters and downspouts location must be cIearIy shown on the roof ~ I a n and Plot Plan submitted with the application.

Version 1.4 - Juiy 2002 Ke Noho Kai Design Guidelines

APPROVED LANDSCAPE MATE- LIST

Small Canopy Trees Allspice Coral Tree False OIive HarpuUia Hawaiian Kbu Hong Kong Orchid Jaboticaba Kalamona Lignum Vitae Pink Tecoma Plumeria varieties Podocarpus Puairmikeni Silver Trumpet Strawberry Guava

Fruit Trees Banana Citrus Papaya Pomegranate

Palms Areca Palm Bottle Palm Coconut Palm Fiji Fan Palm Fishtail Palm Kentia Palm Licuala Palm MacArthur PaIm Manila Palm Rhapis Palm Royal Palm

Shrubs African I r i s Bird of Paradise Dwarf Cycad Dwarf Date PaIm Gardenia varieties Ginger varieties Heleconia varieties Hokum Monstera Philodendron Plumbago Spathyphyllum varieties Spider Lily Ti Leaf

Hedges Cmton Eldorado Hibiscus varieties Leea Mock Orange Natal plum Podocarpus Snowbush

Vines Allamanda Bougainvillea varieties Cats Claw Creeping Fig Galphhia Huapala Jade Mandevilla Stephanotis Tbuabergia

Ground Cover A g a p d u s A s p m g s Fern Hernipaphis Joyweed Lankma Laua'e F a n Mondo Grass Neomarcia P o d a c a Pothos Rhoeo Ruellia WedeLia

Grass Bermuda Centipede Seashore Paspalurn S t Augustbe Zoysia Syngoaiflium Wallring Iris

Version 1.4 July 2002 Ke Noho Kai Desim Guidetines

The Owner should verify that the proposed improvement does not encroach into any easement or setback in or near the Lot. Allowable building areas are limited to 50% lot coverage. No two-story improvements are allowed.

The Building Code requires a minimum one-hour frre rated separation between dwelling units (R1 or R 3 occupancy) and garages (Vl occupancy). Fire rated separations are not required if the distances behveen building are minimum distances, For example, the distance between the Townhome Unit and its garage should be 14' apart (the eaves would be 10' apart). A closer spacing m y require the fire-rating or shortening of the roof eaves, or creation of an occupancy sepmtion wall with the appropriate Ere-rating (or any combination of these). Consult your design professional for a fdl interpretation of the relevant codes.

Ssrvlce lane elrsamnt

Version 1.4 July 2002 Ke Noho Kai Dffiigo Guidelines

~ p p e n d i x A - Corner Lots Design ~ u i d e l i n e s (Notto scale)

Traffic Sightline Distance Area of Control. In order to ensure the safety of ~notorists, the City's Department of Transportation Services controls the nature and height of aU improvements at street corners and sheet bends.

The most common way to determine the area.of control is by creating a line joining the two points along the iDtmectiag property Hedge IiDes, measured 30 feet from the natural intersection point of the two property lines.

For typical lots at ri&t-angled street intersections, this line coincides with the chord of the propeFty line corner arc. Consult the City for interpretations in special situations 'or for alternate definitioe of ibis area of control.

Setbacks. The setback line at the intersection of public streets at comer lots is determined by the following formula (Owner to verify current regulations at the time of submittal):

Radius of serback line = (Rodius of Properp line) - (the grearer of rhe side yard serback and rhefionr yard serbacu.

Typically, this is Serbock R a d i w ( 3 0 '- 10 3 = 20 '

f lanting in Area of Control shall be less than 30" high, measured &om the sidewalk.

Version 1.4 July 2002 Ke Noho Kai Design Guidelines

~ ~ ~ e n d i x I I A - c o v e r e d w ~ I kwaq ,d Des ~ u i d e l i n e s ( ~ o t to scale)

Covered waIkways may be designed to connect a single family house with its garage.

Version 1.4 July 2002 Ke Noho Kai Design Guidelines

~ ~ ~ e n d i x A - T ~ ~ I I ised w ~ I kwaq Desi,e;n ~uidelines mot to scal~l I I " -

Treiiised walkways may be designed to coenect a singie-family house with its garage.

Version 1.4 : JuIy 2002 Ke Noha Kai Design Guideiines

~ ~ ~ e n d i x A - Fence &J Retaining wall D e s i , ~ ~ u i d e l i n e s W O ~ ~ O S C ~ ~ I 1 1

SHORT RETAWING WALL

with radiused corner

s o m WALL (where p d t t e d by the guidelines)

Fences All new and replacement fences must be white vinyl to match the existing fence material and location.

Solid Walls Solid exterior walls, ifpermitted by the DRC and governmental agencies, shall be of a painted cement plaster finish, faced with stone or coral.

Retaining Walls Ke Noho Kai is located on relatively flat ground, and the need for tall retaining walls is uolikeIy. Retaining walls are permitted between minor grade differences and shall be of the materiais permitted for solid walls.

The Owner is responsible for ensusing that retaining walls are strucrurall y souad and that changes in p d e win not have any adverse effect on the drainage of the Lot or that of adjacent lob. The Owner will be responsible for darnage caused by the regradiog of the Lot

-- -

Vcrsion 1.4 July 2002 Kt Noho Kai D s i p Guidelints

~ p p e n d i x A - Screen Door Desim ~uidelines wet to s ~ ~ I ~ )

Rugged 1" Roll Formed Steel Frame with a Full Size Colonial SVIe Ertmded Grille, 15 AI&um Lites and a 12" Diamond Embossed Kickplars. Shrink Wrapped complete with Air Closer, Push Button Lock Latch, all necessary Screws and Easy "Do-It-Yourself' Inshctions. For left or Right Hand Installation.

Available in White Finish. Available Sizes: 32" or 36"

Version 1.4 July 2002 Ke Noho Kai Dcsign G u i d e h a

~ ~ ~ e n d i x A - VmqI Gate Design ~uidel ines NO*. sm,ei

FRONT GATE (112'' - 1')

Materials: PVC Fencing Product: ~ e s t e c h Fence Building Product ?a.

Provided by: GMB' VinyI, Inc., .

5 Sand Island Access Road

BACK GATIT (112" = 1')

Version I .4 July 2002 Ke Noho Kaj Design Guidelines

AMENDMENT TO KE NOH0 KAI DESIGN GUIDELINES

WHEREAS, in connection with the development the Ke Noho Kai subdivision project (the "Project"), Ke Noho Kai Development, LLC ("Developer"), prepared the Ke Noho Kai Design Guidelines (the "Design Guidelines"] for the purpose of complying with the requirements of 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 the approval of the Ocean Pointe Design Review Committee or any other third party; and

WHEREAS, Master Developer desires to amend the Design Guidelines as more particularly set forth below to accommodate certain changes requested by the Developer.

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

1. With the wrirten consent of Developer, PurchaserIsf of any Unit under a binding sales contract with the Developer will be permitted to submit applications for approval from the DRC of any proposed construction, additions, or alterations of such Unit ("Pre-Closing Applications"). Pre-Closing Applications shall be subject to all of the provisions of the Design Guidelines including without limitation, plans requirements, fees, third party approvals, permit and construction requirements, and all other requirements except that the provisions of Paragraphs 3.2.4 and 3.2.5 shall not be appficable to any Pre-Closing Applications. Any fees paid in connection with the submittal of any Pre- Closing AppIications shall be non-refundable if the sale of the Unit to the Purchaser does not close for any reason.

2. Paragraph 3.1,4 of the Design Guidelines is amended in its entirety to read as follows:

3.1.4 Notwithstanding the provisions of Paragraph 3+1.3, the DRC shall not have jurisdiction to review improvements to a Dwelling Unit that are installed or constructed by the Master Developer or Developer for the original purchaser of the Dwelling Unit. In addition, the DRC shall not have jurisdiction to review any improvements to a Dwelling Unit, the plans for which are submitted by the Master Developer or Developer to the DRC on behalf of the original purchaser of a Dwelling Unit prior to the closing of the sale of such Dwelling Unit to the original purchaser (the "Pre-Approved Plans"). All Pre-Approved Plans submitted to the DRC shall meet the documentation and size requirements of Paragraphs 3.3.7 and 3.3.8 hereof but shall otherwise be exempt from the provisions of Sections 3.2, 3.3, and 3.4 of these Design Guidelines. For purposes of Section 3.5 of these Design Guidelines, the "official date of approval" of any Pre-Approved Plans shall be

the closing date of the conveyance of the Dwelling Unit to the original purchaser,

3. Paragraph 3.2.5 of the Design Guidelines is amended in its entirety to read as follows:

3.2.5 All applications for Minor and Full Permits require the consent of adjoining property owners prior to acceptance by the DRC for review. Notwithstanding the foregoing, applications for the approval of Standard Options shall not require the consent of adjoining property owners. For the purposes of this section, the term "adjoining property owners" shalt be limited to those adjoining owners that share a side yard boundary with the applicant and shall not include owners that share a rear yard boundary with the applicant.

4. The definition of "Standard Options" is hereby amended in its entirety to read as follows:

Standard Qptions These are options offered to the original buyer and are described in the options package for each type of building, as approved by the City and Developer. Standard Options are only approved for exact match in manufacturer, design, dimensions, texture, color, and installation.

5. This Amendment shall be effective as of January 1, 2003 ("Effective Date").

4 IN WITNESS WHEREOF, Master Developer hereby adopts this Amendment on this N a a y of July, 2003, effective as of the Effective Date.

HASEKO (EWA), INC.

Its

Ke Noho Kai Community Association Appendix A-Planting Materids Design Guidelines

Revised and Approved June 30, 2004

This revision was prepared to allow the use of more varieties of locd plants available and as seen planted at Ocean Pointe* The plants suggested are adaptrtble to the Ewa Beach area and are rated non-toot aggressive, At the same time it was prepared to discontinue certain plants that are not suitable for Ocean Pointe, and last, to include plants appropriate for Town Homes in Ocean Pointe. Tfiese plant choices can be planted in either setting, single famiIy home or town homes, except where noted with T,H,. indicating Town Home Acceptable, Categories have been added for more clarity on types of plants, A11 names are a mix of scientific and common name where more recognizable,

All trees, palms, and plants listed are, to the best of our knowledge, categorized as non- aggressive. Growth and mature size will vary due to a variety of environmental. conditions, If unsure about mature height, width, proper spacing at planting, tolerances, aggressiveness and adaptations, and maintenance requirements, check with a nursery or landscape professional before planting, Lot size should always be considered before planting your landscape choices. All trees marked with T.H. (Town House Acceptable) will require periodic pruning,

Kc Noho Kni - Approved b n d s ~ n p e Mnrtrin! List Pnge 2 of 4

Trees Under 30 ' Feet flower in^ and Non Flowering

Barrle Brush-Red Button Wood Coral Tree Dwarf Poinciana-T.H. Fdse Olive Hawaiian Kou Kafamona-Scrambled Eggs Kou-Haole-Geig er Tree Lignum Vitae-T.H. Pak Lan Pink Tecoma Plumeria-Varieties-T.H. Podocarpus-T.H. Pony Tail Pua Kenikeni Red Spurge-T.H. Strawberry Guava Wiliwili

Fruit Trees Banana Citrus-Varieties-T.K Dwarf Banana-T.H. Jaboticaba Papaya-T.R. Pomegranate

Frees Over 30' Feet Flowering and Non Flowering

Allspice Harpullia-Tulipwood Hong Kong Orchid Tree Italian Cypress Kou Milo Silver Button Tree Silver Trumpet Tree Stemmadenia-Gardenia Tree Tecoma-Varieties

Grasses All T.H.

Bermuda Centipede El Toro Seashore Paspdum St. Augcistine Syngonium Waking Iris Zoysia- El Toro and 2-3

Many ground covers and vines require regular maintenance to prevent over growth and b a s i o n to adjoining properties.

KeNoha Kai - Approved Landscape Maltrial List Page 3 of 4

Ground Covers Ml T.H,

&can lrisAgapantbus Aloe Vera False Heather Foxtail Asparagus Fern Golden Glory Hearts and Flowers Heather Hernigraplks Hinahha hpatients - Va-ities Joyweed Lantana - Trailing Lillies - Vafities Liriope - Varieties Marygolds Mondo Grass-Varieties Nehe Neomarcia Oyster Plant -Varieties Pansies Portulaca Pothos Rhoeo Ruellia Shore Juniper Society Garlic - Varieties Spider Plant Sprenger Asparagus Walking Iris Wedlia

Vines AII T.H.

Allamanda Asparagus Fern Bleeding Heart Vine Cats Claw Clerodendm Vine Creeping Fig Galpfiimia Haupala Jasmine-Varieties Mandevilla-Varieties Monstera Orange Trumpet Vine Stephanotis Thunbergia

Varieties-Under 10' Spread

Ferns -All T.H.

Birds Nest Fern Fishtail Fern Kupukupu Fern Lacy Hare's Foot Fern Laua'e Fern Narrow Sword Fern Palapalai Fern Southern Maidenhair Fern

K t Noho Kni -Approved Landscnpe Malcriol List Png t 4 of 4

Small Shrubs 2' - 41 All T.M,

Boungainvillea - Varieties Dusty Miller Dwarf Bottle Bmsh Firecracker Plant Gardenia - Varieties Geranium Weleconia - Varieties Hibiscus varieties Jade Plant Natal Plum Pi kake Snake Plant Spathiphyllurn - Varieties Thai Dwarf Ixora Umbrella Plant Yellow Adler

Palm Trees Under 20' A 1 T.H.

Areca Palm Bottle Palm Card board P d m Dwarf Date-Phoenix Licuala Palm Manila Palm Old Man Pafm Red Sealing Wax Palm &pis Palm Sago PaIrn Spindle PaLm Thatch Palm

Medium Shrubs 5' - 8' A11 T.W.

Bird of Paradise Century Plant Croton - Varieties Dragon Tree Gardenia - Varieties Hawaiian Cotton kora - Vaities Showboat Shrimp Piant Spider Lily Spider Plant Ti-Varieti es Xanadu

PaIm Trees 20' to 30' None for T.H.

Alexandra Palm Cabada Palm Clustering Fishtail Palm Fiji Palm Foxtail Palm Loulu Fan Palm M a C d u r Palm Montgomery Palm Silver P h Spindle Palm Triangle Palm

Large Shrubs 8' - 12' ~ l i TOW.

Eldorado Elephant Ear Ginger - Varieties HeIeconia - Varieties Rokutan Leea LolIipop Plant Mock Orange Plurnbago Snowbush

Palm Trees Over 30' None for T.H.

Alexander Palm Giant Bird of Paradise J o m i s Palm Kentia Palm Princess Palm Queen PEtlm Travelers Palm

Ocean Psinee Design Review Committee 91-1001 Kairnalje Sireet, Suite 205 Ewa Beacfi. Hawaii 967065005

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

MEMORANDUM

TO: Ke Noho Kai Community Association Homeowners

FROM: Ocean Pointe Design Review Committee

DATE: April -I 9, 2005

SUBJECT: Revised Fence Master Plan No. 2000lPDH-3 (Ke Noho Kai)

Dear Owner:

Enclosed you will find an amendment to the Design Guidelines for Ke Noho Kai that incorporates revisions to the Fence Master Plan for the project that were recently approved by the City and County of Honolulu Department of Planning and Permitting. This revision replaces any and all previous versions OF 6.0 Appendix A - Wall and Fence Guidelines of the Ke Noho Kai Design Guidefines.

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

AMENDMENT TO KE NOH0 KAI DESIGN GUlDELlNES

WHEREAS, in conneclion with the development the Ke Noho KEli subdivision projecl (the "Project"), Ke Noho Kai Development, LLC ("Deve!opeP), prepared the Ke Noho Kai Design Guidelines (!he "Design Guidelines")or the purpose of complying with the requirements of the Dedaration of Covenants, Conditions, and Restrictions for Ocean Pointe (Residential) (the "Declaration"); and

WERE4S, Section 7.5 of the Declaration provides that HASEKO (Ewa), Inc. ("Master Developer") shall have the right to amend the Desfgn Guidelines without obtaining the approval of the Ocean Pointe Design Review Committee or any other third party; and

WHEREAS, the Developer previously requested certain revisions to the Fence Master Plan for the Project lo permit the construction of retaining wafls within certain portions of the Project; and

WHEREAS, the Department of Planning and Pemittjng of the City and County of Honolulu, by letter dated September 22, 2004, a copy ofwhich is attached hereto as Exhibit A and made a part hereof (the 'DPP Approval Letter"), approved the requested revisions to the Fence Master Plan for the Project and

WHEREAS, Developer has requested that Master Developer amend the Deslgn Guidelines as more particularly set forth below to satisfy the requirements of the DPP Approval Letter.

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

f . The following documents are hereby incorporated into and made a part of the Design Guidelines: i) the DPP Approval Letter; and ji) revised Fence Master Plan for the Project entitled "Ocean Pointe Area !I Fence Master Plan" dated August 17, 2004, a copy of which is attached hereto as Exhjba B and made a part hereof.

2. Version f .4, dated July 2002 of "Appendix A - Fence & Retaining Wall Design Guidelines" of the Design Guidelines is deleted in its entirety, and The Wall and Fence Guidelines (6.0 Appendix A) dated August 17, 2004, a copy of which is attached hereto as Exhibit "C" and made a part hereof, is substituted in place thereof.

3, This Amendment shall be effective as of September 22, 2004 ("Effectbe Date").

IN WlTNE S WHEREOF, Master Developer hereby adopts this Amendment on this / 3 A d a y o f , 2005, effective as of the Effective Date.

HASEKO (EWA). INC., a Hawaii corpomtion

BY D ~ L 52 Name: T s u t o m u Sagava Title: E x e c u a v e Vice Pres ident

DEPARTMENT OF PLANNING AND PERMfrTlNG

@iTY AND C O U N T Y O F HONOLULU 650 sotln~ KING SmEm - trahiarutu. W.Y~II 96113

TWHDNE: tan03 SU-dd54 - FAX: rnoar 527.G7.13 I ~ H E T ~.&n.funchhJLxs

September 22,2004

Mr. Paul Jordan DPS LLC 210 Ward Avenue, Suite 210 HonoluIu, Hawaii 968 I4

Dear Mr, Jordan:

Revised Fence Master Ptan File No, 2000PDH-3 Ke Noho Kai Ocean Pointe, Area fl - Ewa

This responds to your letter of A u p t 23,2004, requesting, on beEalf of Haseko, apppval of a revised Fence Master Plan (TMP) for Ocean Pointe .Area 1l, Ke Noho Kai, The revised FMP would permit low retaining walls in certain areas of Area TI; generally, the walls would be located on the side yards of corner lots and where required for accessibiIity for fownhome unifs.

You have submitted a proposed revised FMP with the specific locations of these walls, as well as a proposed revised page of the Ocean Poinfe Fence and Wall Guidelines, to which a section on retaining walls and a listing of the lots where the walls would be alIowed have been added. As noted on the proposed FMP, the maximum height of these retaining walls would be: 36" as measured from the adjoining sidewalkr or 6" belowfinishj7oor eievation (whichever is lower).

In support of this request, you state that due to roadway and rear fane civil engineering requirements on comer lots (incIuding those with Ianes or guest parking along the side yard), the identified locations have a down slope that either Iimits their use or, in the case of townhomes, requires low retaining wails for accessibility purposes. Other Iocations do not require the use of low remining walls because there is sufficient separation Erom roadways, lanes and parking areas to provide for a gradual transition. You krther state that benefits of allowing these walls include:

1) A more pleasing side y x d view of the home would be provided by the design ofthe small retaining wall with rnatching vinyl fence;

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

EXHrBIT A Page 1 of 2

Mr. Paul Jordan Page 2 SeptEiibsr 22, 2004

3) Addressing accessibiIity issues for certain townhomes that necessitate at-grade walkways at the m i t leveI (as illustrated in your accompanying photo).

The Department of PIanning and Permitting @PP) has reviewed your request, and deems it to be reasonable. Tbcrefore, please be advised that the DPP hereby APPROVES the revised Fence Master PIan for Ocean Pointe Area II, Ke Noho Kai, dated August 17,2004.

Please be fbrther advised that the Declaration of Covenants for Axea TI must be amended to incIude this approval and tbe revised FMP, A certified copy should be provided to the DPP upon recordation. Also, please inform the DPP on the manner in which Haseko will apprise Area.D homeowners of this amended FMP.

We hope this addresses your concerns. Should you have any questions, please contact Geci Ung of our staff at 5274044.

Sincerely yours,

irector of PIanniag and Permitting

EGC:pl

Doe. 322555

EXHIBIT A Page 2 of 2

~e N O ~ O Kai 6.0 A ~ ~ e n d i x A Wall and Fence Guidelioes

Fences

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

SoCid Walls

Solid exbriar walls, if permitted by the DRC and governmental agencies, shall be of a painted cement p l d e r finish, faced with stane or coral.

Retaining Walls

Regning walk shall be resEricteci to the specific lots and locarions indicated qn -the amended Fence Master Plan for W a n Pointe, dated August 17, 2004 and approved by a e Department of ~lanning and Permitting. Tfiose specific lot locations where retaining walls are permitted are as follows:

I STREETNAME I LOT NUMBER K E O N B W BLVD 138,139,209

21(11C), 23[11B), 100, YO?, 105,107, 123 KIULEOLE4 DRIVE 69, 137(iE), 135{11C), 194, 205, 207,

UIKO STREET 1, 12, 57, 63, 68, 173, 193, 223, 227, 228.231.232

W P V SfREET ( 13,31,124, l38 W E STREET ( 139,150,151,t60 KA~KO'ELE STREET ( I61,165,183 WUH STREET 22(11C), 24(118). 40(11Cf, 43, 75, 76, 92,

9fi

Ke Noho Kai is lacated on relatively fiat ground, and the need ior tall retaining walls is unlikely. Therefore, retaining walls shall be limited to a maximurn height of 36 inches as measured from the adjoining sidewalk. Only fences of approved materials shall be permitted above any retaining wall, and in compliance with Land Use Ordinance fence and wall height pmvisfons. Retaintng walls shall be of the materials permitted far solid walls.

1

WKOHOLA STREET WEE STREET WilHDl STREf3 W O STREET '

MlAKUA STREET W H O L O STREET KAfAniVlLOD STREET WHOHONV STREET KAlAPELE STREET

D@n Guidelines Appendix- August 17,2004 1Ce Nnho Kai Df?+ign Guidelines

-- 65.72.131,134 96.10(] 44.67,58, 59 73.B1,82.91 97,306, 107, 319 117, 124 i27,12& 137 101,107. l0B, 116,136, 77,95,86,87 41.60.61.72

Ocean Pointe Expiration Period for Approvals

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

This policy pertains to the time frame to complete work for changes approved for front yard landscaping and reas service lane landscaping. The purpose of the additioa to the desim guidelines is due to the areas in question are in public view. As such, modifications to these areas should be completed in a timely fashion to ensure the aesthetic value of the community is preserved.

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

Front YardRear Service Lane Landscqing Modifxations -All approved changes to theff-oniyard and rear service lane landscape areas shall begin within one calendar year of the oflcial date of approval and be completed within six& (60) days from beginning said change fs).

Ocean Pointe Area I 1 - KeNohoKai Window Film Design Guidelines

911 0/2003

General

Window Film shall be compatible with the original window system(s) provided in KeNohoKai including but not limited to the original maintenance, performance and durability requirements. In no case shall Window Film after the basic properties of the original window system(s) that provide for specific petformance warranties.

The Window Film must be neutral in color (not black, bronze, green, purple, silver or blue); contain no dyes or pigments, (these eventually turn pink or purple); be constructed of 100% metal with very low reflectivity; have no more than 16% Visible Light Reflectance on the exterior; and no more than 12% Visible Light Reflectance on the interior surface.

Window Film shalf only be installed on one or more complete building elevations of a home. Partial window, single window or other partial applications are not allowed. DRC reserves the right to allow windows that are shaded and setback from the main entrance at its sole discretion to the extent that it does not alter the appearance of a building elevation. All film must be the same manufacturer and product.

Approved product and style include Vista Window Film Nuance (V-48 Sf? CDF) or others as approved by the DRC that meet the requirements of these guidelines or amendments. DRC reserves the right to modify these guidelines at its sole discretion.

Durability 8 Performance

All window systems shall be Scratch-Resistant on the interior surface. Film must have certifjcation that proves 5.0% maximum haze increase when tested to ASTM D1044, 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 Distofiion Free) type dry-adhesive is allowed.

Evidence that the Window Film does not alter the basic properties provided by the window system shall include (Window Film) manufacturer's backed Lifetime Warranty on material 8 labor and have (Window Film) manufacturer's extended warranty that replaces the window manufacturer's original warranty of the dual glazing unit against any future failures. This warranty must replace the terms and conditions of the original window warranty verbatim.

Installation & Maintenance

Window Fiim shall be installed without visible defects, bubbling, wrinkling or other imperfections. Home owner is responsible for replacing any defective material due to installation or maintenance at the sole cost of Home Owner. Replacement i-nust match the orginal manufacturer, style, color and other specifications. Should replacement film not be available Home Owner is responsible for replacing ail Window Film.

Ocean Poiinte Design Review Criteria for Lockable MaiIbox

(Llpdared July 12, 2005)

The Design Review Comlnittee has approved the following loclcabIe 1naiIboxes for use in Ocean Pointe. Submit your design review applicatio~l indicating which Ioctcable mailbox will be installed in Section 2 (Cormnents) of the application. There is no application fee.

Lockable Mailbox - Option #I (pg. 2 & 3) Website: www.tI~esolargroup.co~n Model: RSKW Color: White Availability: Can be purchased via their website or locally at Horne Depot,

Lockable Mailbox - Option #2 (circled in blue on page 4) Website: http://www.ore~ontrailbox.com/ ModeI: Regular Duty Standard Size Color: White Availability: Can only be purchased at their website.

Lockable Past Mount Mailboxes Page f of 2

HiJldf

SOL;.R STORY

QUAliTS STATfC!EItT

CUSTQJ.152 BEEVICE

'.\'HERE TO i3lt7

Wall M o u n t Mollboxos O?J:>& S3bllllti:l$

C351 Altl!tli%lum

LcrlJir??

G~IVPI ICC~ SICPI

Post M o u n i Mallboxcs

Ct:l ~Lilltntrlln Colnlm

cnsl; S l ~ s r

Pl-.slie CDIIIIIII:

Plarl!t

Larlln?

4lilllw%ilm

Gnlvnrutv~r Sl;al

CCd.v

M a l l b ~ x Posts cast c f xl~ullcil ;.li#narnzl!>

PI2:llz

soro;ittlm~il~tn

G;iIr~n!xrl Slcct

' f i t 9 dcn

OIllar Product Llnes OATtl C;,BIIlEfS

BUILDinS II:.F?D'N;.RE

for incornlng and Outgoing Mall

Extra Wide Ma3 Sloe - meets and exceeds Postal Repfations

Slide-Out M d Sitpal -. alerts M d Carrier of outgoing m d

Concealed kac lkg Access Door - for easy mail retrieval

Outgoing Mail Clip - for easy access co oougoing mail

Loclcable Post Mount Mailboxes Page 2 of 2

U.S. POSTMASTER GENERAL APPROVED

Avallnbln Coiors:

BLACI< I 1 WHITE I I MOCHA

- NODEL:: I I COLOR I DESCRIPTlOld I l urc::

nacli lo Top

I WSKM

02004 Solar Emup Inc All Rlglrls Reserved ModiTied: $25109

Whlle

Mocha

- 10 46462 00247 3 o 46462 00246 8

DIMEMSIONS / CARTON DIMENSIONS

0 11274 x 13W x 23 1 1 2 3 ) 0 314'H x 33 1M"W x 2 4 9

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