A. The provisions of the UDO are not intended to affect any deed restriction, covenant, easement or any other private agreement or restriction on the use of land; provided, that where the provisions of the UDO are more restrictive or impose higher standards than any such private restriction, the requirements of the UDO shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of the UDO, such private restrictions shall control if properly enforced by a person having the legal right to enforce such restrictions; the Director of Development Services (hereinafter "Director") retains the right to reject any project on the basis that approval has not been obtained pursuant to a valid common interest community (CIC), however the Director is required to notify an applicant, when relevant, that a proposed project is located within a CIC; before submitting a matter to the consideration of the City Council, the Director is required to obtain from the board of directors of the relevant CIC a statement of position regarding compliance with CIC requirements of a proposed project; this statement of position shall be included in all applications submitted to the City Council; the City Council retains the right to reject any project on the basis of the position statement of the CIC; private restrictions shall not be enforced by the City. (Ord. 545, 9-25-2018, eff. 10-16-2018)