Annex - B Portofino Hts-South-North-Ph8 - 4.24.2013 PDF
Annex - B Portofino Hts-South-North-Ph8 - 4.24.2013 PDF
Annex - B Portofino Hts-South-North-Ph8 - 4.24.2013 PDF
Heights-North-
Ph8-South
DEED OF RESTRICTIONS
ANNEX B
2013
I. HOUSING UNITS
V. SPECIAL RESTRICTIONS
1. Utility Connection
2. Water Supply System
a. Water Cistern/Reservoir
b. Booster Pumps
c. Wells
3. Solar Water Heater
4. Electrical System
5. Generators & Generator Rooms
6. Sewerage System
a. Septic Tank
b. Sewerage System
c. Solid Waste
7. Other Provisions
a. Aerial Antennae
b. Open Garage Doors
c. Decorations
VII. APPENDICES
I. HOUSING UNITS
1. Single Detached Houses - contains only one dwelling unit and is completely
separated by open space on all sides from any other structure, except its own
garage or shed.
2. Single Attached Houses - contains only one dwelling unit with a firewall that abuts
one side of the property line. Construction of a single attached dwelling unit is
only allowed on Subdivision phases or enclaves with existing structures of the
same type.
The Master Plan of PORTOFINO HEIGHTS 1-4, PORTOFINO NORTH (Courtyards 2-3,
Widelots), PORTOFINO PHASE 8 & PORTOFINO SOUTH 1-4 (hereinafter referred to
as the “SUBDIVISION”) was designed with a grading plan that is in conjunction
with the road network and drainage system design. The finished contour line
turned over to the Lot Owner is already considered ready for construction.
Therefore, any major alteration to the lot grading and physical condition of the
site is not allowed.
Filling and cutting of lots for landscaping, construction and other purposes shall
be allowed provided that:
a. Lot cut and fill shall not exceed one (1) meter measured from the natural
grade line. However, cut and fill fronting any Street is only allowed up to 0.50
meter measured from the top of the sidewalk. From a maximum of one (1)
meter lot cut/ fill, the grade line shall slope to a maximum of 0.50 meter
towards street frontage. (See Illustrations II-1-A to II-1-D)
b. Lot fill shall not result in obstructing views, and/or cause probable damage to
the area as originally planned by the Developer constitute an aggravation or
nuisance to adjoining properties.
c. Filling beyond one (1) meter shall be subject to the approval of the
Developer. The drainage and other facilities must be installed to prevent the
water from flowing or seeping into adjacent lots or to the street.
d. The Homeowner shall provide proper and necessary drainage measures for
any lot cut made within their property below the sidewalk level. Drainage line
shall always flow towards the common area sewer line.
2. Slope Protection
a. No retaining wall fronting any Street shall be higher than 0.50 meter measured
vertically from the top of the sidewalk line to the top of the retaining wall or
slope protection. No retaining wall at the sides and rear shall exceed one (1)
meter measured from the lower natural grade line of either the Homeowner’s
lot or property adjacent the concerned wall.
b. Cutting of lots shall be limited to the extent that it does not in any way affect
or weaken the structural stability of any adjacent lot and/or structure. In cases
where cutting is unavoidable, proper structurally designed soil protection
measures must be submitted by the Lot Owner for the Developer’s approval.
Furthermore, the Homeowner shall also be liable should there be any
damage caused by the cutting and filling of the lot.
c. Road embankment or side slopes road protection located inside the Lot shall
not be removed without providing the necessary erosion control measures
such as vertical concrete retaining walls or rip-rap walls. The cost of which
shall be for the sole account of the Homeowner.
Any alteration to the physical condition of the site including erosion control
measures are subject to the approval of the Developer.
3. Soil Treatment
The total aggregate area of the building footprint, inclusive of auxiliary structures
shall not exceed 50% of the lot area excluding expansions as specified in Section
V.1 Allowable Footprint Expansion.
A maximum of 25% of the lot area is allowed for paved areas such as driveway,
laundry/drying area, court, path walk, pool, slope protection and other outdoor
paved areas.
Each Lot Owner is required to allocate 25% of the lot as green space, exclusive
for softscape planting.
2. Setbacks
a. Main Structure
The minimum required setback shall be measured from the property line to
the nearest finished exterior wall of the structure excluding carports. The
minimum setbacks are as follows:
Consolidated Lots - must follow the same setback requirement and Plot
ratio according to the size of the two adjacent lots purchased or
combined. The setback requirement on the adjoining property line
between the consolidated lots may be disregarded. (See Illustration III-2-B)
Through Lots - (lots with two road frontages but are not corner lots), only
one frontage shall have the corresponding front setback, similarly the
location of the driveway establishes the lot frontage.
Should there be a conflict between the Plot Ratio and the prescribed
setbacks, the Plot Ratio shall prevail. Special setback requirements will apply
on Planned Unit Developments and Enclaves assigned by the Developer to
succeeding and annexed Phases.
b. Carports / Garages
Only designated carports/garages can abut the front and one of the side
property lines. The wall that abuts the side property line should be a firewall
and finished with the same texture and color as of the exterior wall of the
house. Open carports may be allowed but are subject to required setbacks
and firewall restrictions specified in the Design Guidelines.
c. Balconies
Balconies should observe a minimum of 0.80 meter setback from the property
line. However, balconies that are directly on top of a garage or carport may
abut the front and side property line.
Balconies at the second and attic floor shall have a total aggregate floor
area that does not exceed 25% of the total 2nd floor area.
Other similar overhangs with protective enclosures are also bound by the
restrictions specified herein. (See Illustration III-2-C)
Construction of roof eaves, canopies and other similar structures at the sides
and rear portion of the property are subject to minimum setback of 0.80
meter from edge of the canopy to the property line. (See Illustration III-2-C)
f. Trellises
Trellises are situated in outdoor open spaces, pocket gardens and lanai to
serve as support for climbing plants or vines which is mainly for decorative
purposes. It is not intended to replace permanent roofing or canopies since it
does not provide adequate protection from weather.
Trellises situated on the sides and rear portion of the property should have a
clear minimum distance of 0.80 meter from the edge of each member to the
property line.
details are set by the Developer to properly execute the design intent. (See
Illustration III-2-C)
Roofed pedestrian gates along the frontage are allowed provided no part of
the roof shall extend beyond the property line. The width or opening of such
entry shall not exceed 1.50 meter while its roof coverage shall have a
maximum of 0.80 meter depth.
h. Auxiliary Structures
Auxiliary structures should follow the building line and roofline setbacks as
specified in Section III.2 of the Design Guidelines
• Gazebos
• Cabana
• Maids’ or Driver’s Quarters
• Service / Utility Areas
• Storage Rooms
• Generator House
• Playhouse
• Pump rooms (for pools) & Booster Pumps
Water Tanks and Cisterns
Solar Water Heaters
• Any enclosed structure exceeding 1.20m in height
The plans and specifications of all auxiliary structures shall be subject to the
approval of the Developer.
i. Swimming Pools
Swimming pools, Jacuzzis, and the like may be constructed within the Lot not
directly fronting a street and it shall be constructed or installed conforming to
the required front setback (See Figure III-2-A) and at a distance of not less
than two (2) meters on both rear and sides of the property line the interior
face of the pool.
j. Basements
Basements entirely below grade may be allowed within the Property following
minimum setback specified at the front by Section III-2 the Design Guidelines
and a minimum of two (2) meters at the sides and rear from the property line.
Partially above grade basements shall comply with the setback requirements
and plot ratio specified under Section III of the Design Guidelines. Ramps and
access staircase to the basement may occupy the setbacks subject to
setback restrictions under Section III. of the Design Guidelines.
Basements shall always be provided with proper drainage and shall always flow
towards public drainage lines. Basements walls shall always be provided with proper
soil protection and waterproofing by the Homeowner.
The minimum Gross Floor Area of a House exclusive of auxiliary structures and
house expansion shall be 246 square meters.
2. Building Materials
The Developer envisions the structures to be built shall enhance the general
theme, aesthetic appeal and contribute to the property value appreciation.
Color, roofing material, fences and walls are design elements that establish the
overall theme and character of the Subdivision. (See Section VII.1 for Subdivision
theme reference images)
In order to maintain the Subdivision’s overall theme and enhance its character,
the use of new and innovative materials, finishes, color schemes and other
construction materials which are similar / equivalent to the existing approved
materials and exterior theme shall be subject to the approval of the Developer.
a. Roofing Materials
1) Only S & J-type clay, ceramic and pre-painted concrete roof tiles are
allowed as roofing materials. (Refer to Section VII.3 of Appendices for
approved color range and material design profiles)
4) Skylights and other reflective rooftop elements (e.g. solar water heater)
shall be designed and installed in a manner that prevents producing
reflective glare.
Variations and equivalents on material profile, color, roofline, pitch of the roof
shall be subject to the approval of the Developer.
Exterior wall colors are pre-assigned by the Developer to harmonize the over-
all Subdivision color scheme. Introduction of new color schemes are subject
to the Developer’s approval. Exterior walls shall always be in stucco finish.
(Refer to Section VII.3 of Appendices)
In order to maintain the Subdivision’s Italian theme and character, all houses
to be constructed shall have Italian inspired window moldings, wall trimmings
and accents (shutters, wall accent for example) on the house exterior. Italian
decorative grill work details are required for grill worked balconies, fences,
windows and other accents. All exterior details are subject to the approval of
the Developer.
Any type of modern design for the house exterior is not allowed.
3. Building Height
Maximum building height is defined as the height measured from the top of the
sidewalk to the apex of the roof. All structures to be constructed must not
exceed a maximum height of twelve (12) meters. Attics and third levels are
allowed provided the floor plate of the attic or third level does not exceed 30%
of the building footprint.
For lots with two frontages (i.e. through lots or corner lots), the side where the
driveway is located is considered the lot frontage and shall be the basis for
establishing the maximum building height.
For lots with sloping frontage (i.e. lots fronting uphill or downhill roads), the top of
the sidewalk along the midpoint of the property line’s frontage shall be the basis
of establishing the maximum building height.
A House or structure to be constructed on any lot cut and fill shall not
compromise the maximum allowable building height as specified in this section
unless specified by the Developer.
The design of walls, fences and gates should be in harmony and consistent with
the overall aesthetic character of the Subdivision.
The Developer encourages Homeowners to leave their front yards open, and
with landscaping, instead of having front fences. (See Section VII.4 for approved
Fence Design Images)
The construction of walls and fences shall conform to the following restrictions:
a. Construction of fences or walls directly fronting a Street shall not exceed two
(2) meters in height measured from the top of the sidewalk to the topmost
part of the fence including columns and grill works.
b. The front fence or wall may either be designed without a base or with a base
having a maximum height of one (1) meter (measured from the top of the
sidewalk) and shall be of solid material, fully enclosed. While the upper part of
the fence/wall shall be a combination of solid and see-through (i.e. grilles)
material. Only 20% of total width will be constructed of solid material, the
remaining 80% shall be of grille work or other see-through materials. (See
Illustration IV-4-A)
c. The front fence may also be designed with a solid base only with a maximum
height of one (1) meter without grills on top but must contain stone cladding
or design details that should reflect the Italian character of the Subdivision.
Over-all design shall be subject to Developer’s approval.
d. The construction of a solid wall to cover the building service area shall be
subject to the provisions in this Section, Section V.1 and the Developer’s
Approval.
e. No metal sheets, plates, wood planks or any solid enclosures shall be installed
within the see through portions of the fence or gates.
g. The side and rear property walls shall have a maximum height of two (2)
meters measured from the lowest natural grade line given the property of the
Homeowner’s lot and property adjacent the concerned wall to the topmost
part of the fence.
h. Fencing of Corner Lots with its sides or rear facing the street shall maintain the
two (2) meter height restriction but shall comply with the 20% total width solid
material and 80% grille work or see-through material. (See Illustration IV-4-A)
i. Stone cladding accents and wall finishing shall be subject to the Developer’s
approval.
j. Gates when opened should not obstruct pedestrian traffic on the sidewalk.
k. Fence walls adjacent to vacant lots or is visible from Common Areas or Open
Spaces should not be left unfinished and should be painted according to the
approved fence color scheme.
m. Any perimeter wall to be constructed on any lot cut and/or fill shall not
compromise the maximum allowable height of perimeter walls as specified in
this Section unless specified by the Developer.
A Homeowner shall not use, alter, remove or install any attachments on the
Subdivision perimeter fences installed or constructed by the Developer. The
Homeowner may opt to construct within his Property a perimeter wall parallel to
the Subdivision perimeter fence subject to the restrictions specified by the Design
Guidelines.
6. Service Areas
No firewall shall be allowed on all floor levels above the ground floor other than
those specified in this Section and Section V.1.
a. Carport Firewall
The maximum height of a carport firewall with balcony directly above shall be
4.20 meters (See Illustration IV-7-A). Carports with sloped roofing shall have an
additional 1.60 meter firewall but shall be sloping parallel the roof. (See
Illustration IV-7-B)
House expansion firewalls shall have a maximum height of three (3) meters.
As a general rule, houses on the main road should front the main road. Houses
located on park lots should front the adjacent road facing the park. In case of
through lots and corner lots, the frontage shall be towards the bigger or wider
road unless specified otherwise by the Developer.
No vehicular entrances or exits shall be allowed along five (5) meters from the
center of the curve at street intersections.
The driveway must have a maximum width equivalent to 45% of the length of the
side where the driveway entrance is designated, however, driveways of lots with
frontage in a cul-de-sac are allowed up to 100% of the frontage provided the
gate used is 50% see-through, 50% concealed.
In no case shall the Homeowner alter any portion of the sidewalk fronting the Lot.
Illustration IV-8-B Standard Ramp Design Location Plan and Section for Vehicular
Access
PLAN VIEW
SECTION
9. Landscaping
Front yard landscape shall further emphasize and enhance the project theme
concept. It should therefore be consistent with the overall Portofino landscape
design. Plant material and species are subject to the Developer’s approval. The
individual landscape design for each lot as well as the type of plant species;
landscaping ornaments; water features and the like; is subject to the approval of
the Developer.
V. SPECIAL RESTRICTIONS
House extensions beyond the 50% footprint are allowed but shall always abut the
property line, occupy the setback adjacent the carport firewall and reduce the
25% allowable paved area. The house extension may only occupy the whole
length of the wall of the house adjacent the carport firewall but must be
provided with a firewall following the height restrictions as specified in Section
IV.9 Firewall and Abutments unless specified otherwise by the Developer. (See
Illustration V-1-A)
The expansion footprint shall be inclusive of the firewall offset required as shown
in Illustrations IV-9-C & D.
House extensions may only be applied to one (1) side of the house adjacent an
existing carport firewall.
2. Subdivision Masterplan
a. House / Carport Orientation – All house and carport orientation shall subject
to the Masterplan layout and/ or designation by the Developer.
1. Utility Connection
The Lot Owner is required to verify the actual location of underground utilities
and its maximum allowable provision provided by the Utility Company prior to
planning their house. Permits are required from the Developer and/or the
Homeowners Association prior to tapping to any utility line.
Each Lot Owner is allowed only one connection for each utility line except for
telephone, which allows a maximum connection of two (2) telephone lines per
lot.
Repair cost and/or relocation costs of any drainage line, water supply line, roads
and/or other utilities affected by any house expansion or building of auxiliary
structures shall be for the Lot Owner’s account.
a. Water Cistern/Reservoir
The Developer represents to the Lot Owner that the water system shall
adequately serve their requirements. However, in order to efficiently distribute
the water supply during high demand periods, the Lot Owner may install an
underground cistern or reservoir, the capacity of which should not exceed a
maximum of four (4) cubic meters.
Overhead tanks are allowed but must be concealed from street &
neighbors’ view by perimeter walls subject to the restrictions specified in
Section IV Walls and Fences.
The maximum diameter of the water lines shall be one (1) inch.
Water meters must be installed outside the property fence/gate to allow
monitoring and inspection.
Plans and details of the cistern or reservoir shall be subject to the approval of
the Developer.
b. Booster Pumps
Booster Pumps are not allowed to tap directly to the main water supply
system. No booster pump/s shall be allowed in the individual internal
plumbing system without a cistern or reservoir of adequate capacity between
the main water supply and said booster pump.
c. Wells
The Homeowner shall verify and utilize only the maximum electrical load
capacity provided by the Utility provider per lot. Request for additional load shall
be for approval by the Developer where all additional expenses for the revision
shall be at the Homeowner’s expense.
a. Septic Tank
All houses shall have a minimum three (3) chamber septic vault conforming to
the specifications provided by the Developer. Boring through concrete
gutter for tapping to the drainage system shall not be allowed. The septic
vault shall have a minimum design capacity of eight (8) cubic meters and a
minimum detention time of 36 hours.
Plans and details are subject to the approval of the Developer and/or the
Homeowners Association. PVC, fiber glass and other septic vault
construction/design is subject to Developer approval.
b. Sewerage System
All waste system shall be discharged into the three (3) chamber septic tank.
All drainage lines including discharge from the three (3) chamber septic tank
shall be connected to the main drainage system. No installation of any
drainage line shall be allowed outside the property without the written
approval of the Developer and/or the Homeowners Association.
c. Solid Waste
Garbage receptacles/bins are not allowed placed outside the property line.
It should be placed in appropriate trash bags, stored in a dry area within the
property. Trash shall be directly brought of out the house only during the
scheduled garbage collection period.
7. Other Provisions
a. Aerial Antenna
In keeping with the vision to ensure harmony with the surrounding landscape
and preserve the aesthetic value, desirability and attractiveness of the
Subdivision, no visual exposed aerial antennae will be allowed throughout the
entire Subdivision.
satellite/parabola dish
radio masts
professional/commercial radio based antennae
c. Decorations
VII. APPENDICES
DISCLAIMER
THE DEVELOPER SHALL EXERT BEST EFFOR TO CONFORM TO THE
SPECIFICATIONS AND PLANS SPECIFIED HEREIN. HOWEVER, THE
DEVELOPER RESERVES THE RIGHT, WITHOUT PRIOR NOTICE, TO
ALTER THE PLANS AS MAY BE DEEMED NECESSARY IN THE BEST
INTEREST OF BOTH THE PRODUCT AND THE CLIENT.
Portofino Courtyards 3-4 & Widelots Subdivision Plan & Amenity Areas
DISCLAIMER
THE DEVELOPER SHALL EXERT BEST EFFOR TO CONFORM TO THE
SPECIFICATIONS AND PLANS SPECIFIED HEREIN. HOWEVER, THE
Portofino Phase 8 Plan & Amenity Areas DEVELOPER RESERVES THE RIGHT, WITHOUT PRIOR NOTICE, TO
ALTER THE PLANS AS MAY BE DEEMED NECESSARY IN THE BEST
INTEREST OF BOTH THE PRODUCT AND THE CLIENT.
A. IMPORTANT REQUIREMENTS:
B. IMPORTANT REQUIREMENTS:
d) Existing utilities should have been verified on site by the Homeowner prior
to the submission of the proposed Home Improvements.