Historical Documents and Information

Historical Summary of Legal Documents for Fountaingrove II OSMA

 
The following is a summary of the legal documents that govern the responsibilities and obligations of the Fountaingrove II Open Space Maintenance Association (OSMA). These documents have been publicly recorded. Homeowners purchasing property in FGII are made aware of these documents by Preliminary Reports at the time they purchase their home in FGII. Click the legal document below to view its contents. 
 
1. April 17, 1992 Use Permit that provides protection for native plants, wildlife preservation and allows public access to Open Space.
 
2. FGII Planned Community District Policy Statement adopted per Ordinance No. 2905 in August 1991 and amended per Ordinance No. 3113 in March 1994. This document appears to be a linking document to the FGII Design Guidelines for Opens Space Management and the EIR Report, and it states on page 5 that native species are required in all major open space areas
 
3. The original Design Program and Guidelines for Open Space Management adopted April 17, 1992, that establishes a Plan for managing, monitoring and funding the management of open space in Fountaingrove II, and highlights the preservation of sensitive plants – stating “Long term management will involve ongoing commitment by the administrative entity to actively monitor and protect the sensitive plant management areas. The open space areas, including the sensitive plant management areas, will be owned and managed by a local homeowner’s association or some public entity such as a Lighting and Landscape District administered by the City of Santa Rosa.”  (See Amended Design Program on Item #5)
 
4. FGII East, West & Summit Open Space Maintenance Declaration recorded June 26, 1996 that appears to have a purpose of linking the Summit to the terms of the Open Space Design Guidelines and governing documents. It includes a paragraph 9.5 that requires City of Santa Rosa’s approval to anything that affects the duties of the Open Space Management Plan. 
a. Amendment No. 1 dated  March 18, 1997 regarding the Czeikowitz Open Space Easement granted to OSMA, and the obligations of OSMA regarding this easement, including the maintenance of certain fencing on the open space easement.
 
5.     Design Program for Open Space Management, amended April 15, 2010 by Zoning Administrator Resolution No. CUP09-083 that amended and restated the original document dated April 17, 1992 to update the management of open space and clarify the original document, and the Design Program for Open Space Management,  Amendment #1 to Zoning Administrator Resolution No. CUP09-083 dated July 7, 2011.
 
6. Zoning Administrator Resolution No. CUP09-083 dated April 15, 2010 that clarified the Open Space Maintenance Associations responsibilities of the 1992 Design Program for managing open space.
 
7. Articles of Incorporation of Fountaingrove II adopted October 7, 1996 and endorsed by a California Secretary of State filing on October 8, 1996. These Articles established the Fountaingrove II Open Space Maintenance Association as a special purpose nonprofit corporation and limited its significant financial role to the maintenance of open space in Fountaingrove II.
 
8. Bylaws of Fountaingrove II adopted after the Corporation was formed in 1996.