Declaration of Architectural Guidelines 2007-0416535
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RE€ORBINGR.E~UESTED BY
AND WHEN RECORDED MAIL TO'
PowayRedevelopment Agency
POBox 789
Poway, California 92074-0789
Attn: Executive Director 11 0 4 8
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2007 -0416535
pursuant to Govemment Code Section L'/Y/.SJ.._ _ _
DECLARA nON OF ARCHITECTURAL GUIDELINES
THIS DECLARATION OFARCHITECTURAL GUIDELINES (the "Declaration") is
hereby approved as of May .25,2007, ("Declaration Date") by and between the POWAY
REDEVELOPMENT AGENCY, a public body corporate and politic (the ""Agency") and A LA
CARTE CORP, a California corporation (the "Commercial Developer").
REelT ALS
A. The Agency and, the Commercial Developer have executed a Disposition and
Development Agreement (the'''Commercial DDA"), dated asof June 28, 2005, which provides for
the development of an oftice building,on approximately 0.289 acres of real property located at the
southwest comer of Community Road and Hillemy Place in the City of Po way, County of San Diego,
State ofCalifomia (the ""Commercial Site"). The Commercial Site is legally described on Exhibit
"" A" hereto, which is incorporated herein.
B Pursuant to theCorTunercial DDA, the Agency and the Commercial Developer have
entered into a Declaration of Covenants, Conditions and Restrictions (the "CC&Rs") with respect to
the improvements.located on the Commercial Site (the ""Commerciallmpruvements"). The CC&Rs
were recorded in the OfticiarRecords of San Diego County on May 25, 2006, as Document No.
2006-0370629
C Pursuant to 'Section I of the CC&Rs, Commercial Developer and Agency are
required to record this Declaraiion setting forth design and architectural requirements with respect to
the Commercial Site and the Commercial Improvements.
D The general purpose of this Declaration is to,ensure that the Commercial Site remain
an aesthetically pleasing and attractive development by-assuring that all huildings and other
structures located on the Commercial Site will he complementmy to the basic ,irchitectural character
of the' surrounding area, including the real property located adjacent to the Commercial Site which is
owned by the Agency and leased to CommUliity Road Housing Associates, L.P, a California liluited
partnership ("CRHA"},and developed with a fifty'six (56) unit rental housing complex for persons
and families oflow and moderate income (the "Housing Site"),
E. This Declaration is in addition to the requirements of the City of Poway and any other
local government approvals that may be required in connectiOll with the Commercial Improvements,
The Commercial Developer will need to comply with alllocalgovemment requirements governing
the Corrimercial Improvements,
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11049
NOW"THEREFORE, Agency and Commercial Developer hereby declare and agree as
,follows:
l. Plan Review. Commercial Developer shalfhotpermit or cause the Commercial
Improvemeiitsto be altered, installed,.constructed, reconstructed,placed, assembled, relocated,
removed, or demolished on the Commercial Site, unless the Coriunercial Improvements conform to
all requirements iinposed by ofthe City of Po way (the "City") with respect to the same and until the
following submittals have been approved in writing, or have been deemed approved, by the Agency
a. Two (2) sets of conceptual drawings.
b. Two (2) sets of schematic plans and preliminary specifications, consistent
with the ,conceptual drawings previously approved by the City, including, but not limited to, grading
plans and site,plans showing in reasonable detail the proposed type of use, size, land coverage, gross
floor area, shape, height, location, material, color scheme and elevation of each proposed
Commercial Improvement, all utilities and service connections, and all landscaping, parking areas,
exterior lighting and signs.
c. Two (2) sets of final working drawings aud'specifications, based on approved
design concepts and schematic plans and preliminary specifications, shall be submitted prior to
commencing work on 'any Commercial Improvements.
2. Partial Submittals; Preparation Of Submittals. Partial submittals maybe made
and approved, but work on the Conunerciallmprovements; may not proceed beyond the scope of the
approval received. All plans and specifications submitted shall be prepared by an architect or
engineer licensed to practice iri,Califomia, and signed by the Commercial Developer or by an agent
authorized by the Commercial Developer in writing.
3. Time For Approvals. The Agency shall becoiiclusively deemed to have given its
approval to a submittal unless within thilty (30) calendar days after such submittal has been received,
it delivers written notice specifying)n reasonable detail each item which has been disapproved or in
connection with which additional infom1ation is required.
4. Basis Of Approval. If the Agency approves a submittal, it shall endorse its approval
on one set of submitted documents and return the set to the person from whom the documents were
received. The Agency may disapprove any submittals which are not in confOlmity with (a) other
existing or proposed improvements located on the Commercial Site, or (b) the requirements nfthe
City, or (c) the general aesthetic'or architectural plans and criteria for the Commercial Site and
Housing Site. Without limiting the generality of the foregoing, the Agency may evaluate such
matters as adequacyof Commercial Site and the dimensions of proposed Commercial Improvements
orextemal structural appearance, relatiou'oftopography, grade and elevation of the Commercial Site
as improved with the Conunerciallmprovements and,neighboringsites and any improvements
thereon and with nearby streets, and the effect of the location an,j use of proposed Commercial
Improvements on neighboring sites, existing improvements, or operations,
5. Certificates Of Compliance. Prior to ~ommencing any work on a Conunercial
Improvement, the Conunercial Developer shall, upon thereqti'est of the Agency, deliver a
certification by a licensed civil engineer or land surveyor verifying that according to the linal plans
and specifications for the proposed CommerCial Improvement, the ,proposed Commercial
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11050
Imp'rovenletlt wiHbe-located'in accordance with the approved submittals. Upon completion of the
CoinmerciaUmproveinent, Commercial Developer shall, upoh the request of the Agency, supply it
with a certification by alicensed or registered architect that the Commercial Improvement as
designed by such architect was completed in accordance with the approved final working drawings
ahd,specifications.
6. Presumption Of Compliance. Upon expiration,of one (I) year after either (a) the
date the City issued a certificate of occupancy for the Commerclal Improvement, if applicable, or (b)
the recordingdate,of a valid notice'of completion with respect to such Commercial Improvement, the
COminercial Improvement shall,in favor of purchasers and mortgagees in good faith and for value
without knowledge of the noncompliance and non-completion, be ,deemed to be in compliance and
completed in accordance With all provisions of this Section, unless either (i) actual notice of
noncompliance 'or non-completion executed by the Agency isrecorded, or (ii) legal proceedings are
instituted by the Agency to enfbrce compliance or completion. The Agency hereby acknowledges
that the ConuherciaUmprovements,erected on the Commerciar:~iteas of the Declaration Date have
been approved by the Agencyandhave,been built in compliance with the requirements hereunder
7. Identical Replacemei1tsand Maintenance. Notwithstanding the foregoing, the
Agency shall consent.to any replacement of a Commerciall1nprovement for which submittals were
previously approved as provided,ibove, but only if the replacement' Commercial Improvement is
substantially identical to the Commercial Improvement previously approved. AnyCommercial
Improvelnent may be repainted without the approval of the Agency or the ,submittal ofplahs pursuant
to Section I hereof provided the Commercial Improvement is painted the identical color it was first
painted. In addition, nothing herein shall be construed to require tlpt theConunercial Developer
obtain approvals Ii'om the Agencyto,take such actions as are reasohably necessary to keep the
Conunerciallmprovements in a wellcmaintained, safe, clean and attractive condition at all times.
8. Architectural Review Fee. As a condition of reviewing submittals, the Agency may
charge a reasonable'architectural review fee to be paid at the time preliminary plans and
specifications are submitted fhrapproval.
9. CommencementAnd Completion Of Improvements. The Commercial Developer
shall have a period of three (3) months after the date of approval by the Agency within which to
commence work on the Commercial Improvement in accordance with the approval. Commercial
Developer shall give the Agency and CRHA (or its successors and assigns under the ground lease) at
least fifteen (15) days prior written notice before commencing Work on any Commercial
Improvement. Approval of a,submittal shall expire six (6) months after the date such,approvalis
given. If Commercial Developer fails to commence the work covered by such submittal in
accordance with the approved document or documents within such period, any previous approvals
for such work shall be invalid, and Commercial Developershaii be obligated make a new submittal
prior to commencing such work. As used in this section, the word "commence" with respect to a
building shall mean aU east the completion of grading and the pouring of foundations. After work is
commenced'by COInmercial Developer, Conllnercial Developer shall diligently pursue such work to
cojl1pletion.
10. Removal Of Liens. Commercial Developer'shall.not perhlitany mechanics, or
materialmen, or other similar liens to be maintained against tbe Commercial Site upon which labor or
material has been perfOlmed or furnished in connection with'the construction of a Commercial
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.IlIlpr9~elIlf!1t, Commercial Developer may post a bond and contest any such lien at the Commercial
DeVeloper's, s61 e, expense.
n. Governmental Approvals. Commercial Ownersl1all also obtain all required permits
and approvals from the City for any Commercial Improvement.
12. Severability. If any provision of this Declaration or portion thereof, or the
application to any person or circumstances, shall to any extent be held invalid, inoperative or
unenforceable; the remainder ofthis,Oeclaration, or the application of such provision or portion
thereof to any other persons or circumstances, shall, not be affected thereby; it shall not be deemed
that any such invalid provision affects .the consideration forthis Declaration; and each provision of
this Declaration shall be valid and enforceable to the fullest extent permitted by law
13. Applicable Law. Tliis Declaration shall be construed in accordance with the laws of
the State of California.
]4. Runs With Land. This Declaration shall run with the land and shall be binding upon
and inure to the benefit of the successors and assigns of the Commercial Developer and the Agency
Upon the Commercial Developer's'conveyance of the Commercial Site, the Commercial Developer
shall not be responsible for compliance .with any of the requirements of this Declaration arising from
and after the date of the conveyance.
]5. Attorney's Fees. In the event action is instituted to enforce any of the provisions of
this Declaration, the prevailing party in such action shall be entitled to recover from the other party
thereto as pmt.of the judgment, reasonable attorney's fees and costs.
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11052
IN WITNESS WHEREOF, the parties hereto have executed this Declaration the day and
year first hereinabove written.
AGENCY:
POW AY REDEVELOPMENT AGENCY, a public
body, corporate and politic
By' ~ze
ATTEST:
Agency Secretary
APPROVED AS TO FORM.
Stradling Yocca Carlson & Rauth,
Agency Special Counsel
COMMERCIALDEVELOPER:
By
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11053
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
County of S:>.n \:)i e.j ()
On MA..J 4S.:J.OO7
.~ Date
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personally
appeared
before me, ("\
Name and TiUe of Officer (e.g.. "Jane Doe. Notary
~Dcl. GCXJ \d
Name(s}of Signer(s)
bliG ,
~ personally known to me
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I Noby NlIIc - CalIIomIa f
j San DIago County -
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n Pr'Q\lorl tn rnn Qf;J tt.lg t?2t~iG sf s.....l;vfuvtvl} a.ieeASC
to be the person~ whose nam~~re subscribed
to the within instrument and acknowledged to me that
heisRIl'tR&Y executed the same in hisii'le~~Reir
authorized capacity(M), and that by hisil:ler/tR~il
signature~ on the instrument the person~ or the
entity upon behalf of which the person18) acted,
executed the instrument.
Place Notary Seal Above
WITNESS my han:tJ:.;j:eal.
~ ~O
Signatureo! Notary Public
OPTIONAL
Though theinformation below is not required by law. it may prove valuable to persons relying on the document
and Gould prevent fraudulent removal and reattachment of this form to another document.
Description of Attache!! Document .1
TitleorTypeofDocument:~~1aAJ1I::k~ ~ fu{'..hd~O -..DI{/~~P.vr.a&
Document Date: 1'f'Ir'<l."\ .:l..5, :lOO7 Number of Pages: ~
Signer(s) Other Than Named Above: ..su.c.n ('\ rI\. ((1' II (\0 Ids .
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
D Guardian or Conservator
o Other.
TOp of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
D Guardian or Conservator
o Other'
.
Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
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@2004 National No:ary Association. 9350 De SOlO Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Ilem No. 5907 Reorder: Call Toll-Free 1-800-676-6827
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11054
ST ATE OF CALIFORNIA
COUNTY OF ~S)JC"O
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On .:rlllV~ ,C;\WO-q. ,before me,
personally appeared c:; CA SA 1\)
{\~\"\9:cV~INA-D 0 , Notary Public,
(PriiJ.tName bt~Notary Public)
1>1. ReXNDL-D..!>
7 personally known to me
-or-
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proven to me on the' h~<;;:l<:: ,.,.f' ~atigfuBtEllJ I..<V~J'-'Hv\'" to be the person.kBrwhose narne<;.sr'is/Pf'C
subscribed to the within instrument and acknowledged to me that h.e1'Sli.e/1hey executed the same
inh~/tI)lliniuthorizedcapacity(j.es),'amI that by J)isfller/tbeir signature(Mon'the instrument the
person(~or the entity upon' behalf of which the person(.l;)1lcted, executed the instrument.
WITNESS rnYh&~L _ I ~
Slgnatu>eOfNotmy _~
. CRUZ PEINADO t
' CommIaIcn # '" 6a9O
Nolary PIlbIJc . CaIIIomIa I
San DIego COUn1y -
MyComrn. ExpIres 0CI28; moJ,
OPTIONAL
Though the data l1e1ow is not required, by law, it may prove valuable to persons relying on the document and could prevent
fniudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o
o
Individual
Corporate Ofticer
Title(s)
~U1~1IE5
~c.~tlcn e\- ~1'ec1'lA. (Dll
Title Or Type Of ocul11t:nt
o
Partner(s) 0
o
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other'
Limited
General
NumbelofeJ-s
o
o
o
o
Signer is repre~enting:
Name OfPerson(s) Or EJitity(ies)
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Signer(s) Other Than Named Above
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EXHIBIT "A"
LEGAL DESCRIPTION OF COMMERCIAL SITE
[Attached.]
11055
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Order No.. 73012376-U]6
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LEGAL DESCRIPTION
11056
PARCEL "D"OFCERTIFICATE OF COMPLIANCE RECORDED JULY 6, 2005 AS FILE NO. 2005-
0566608 OF OFFICIAL RECORDS AND DESCRIBED AS FOLLOWS.
THAT PORTION OF LAND CONVEYED TO JEFFRIES,ET AL DOCUMENT NO. 1991'0468067,
OF OFFICIAL RECORDS, RECORDED SEPTEMBER 12, 1991, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ALSO BEING A PORTION OF THE NORTHEAST CORNER OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14
SOUTH, RANGE 2 WEST, SAN' BERNARDINO MERIDIAN, IN THE COUNTY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNrA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS,
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF'SAID SECTJON; THENCE WESTERLY ALONG THE NORTH LINE
OF SAID SOUTHEAST QUARTER NORTH 89000'02" WEST 344.90 FEET, THENCE SOUTH
080]8'07" WEST 14477 FEET, TtlENCE SOUTH 26003'03" WEST 82.70 FEET, THENCE SOUTH
25035'34" WEST 167.66 FEET TO A POINT ON THE WESTERN PROLONGATION OF THE
NORTH LINE OF LAND CONVEYED TO ERNEST H. PEACOCK ET AL, BY DEED RECORDED
SEPTEMBER 2, 1953 IN BOOK 4974, PAGE 78 OF OFFiCIAL RECORDS, COUNTY OF SAN
DIEGO; THENCE EASTERLY ALONG THE PROLONGATION OF THE NORTH LINE OF SAID
PEACOCK'S LAND FEET SOUTH 89000'02" EAST 2,86 FEETTO THE NORTHWEST CORNER OF
SAID PEACOCK LAND; THENCE EASTERLY ALONG THE NORTH LINE OF SAID PEACOCK
LAND, NORTH 88000'02" WEST 408;44 FEET TO THE WESTERLY RIGHT OF WAY OF
COMMUNITY ROAD; THENc;E NORTHERLY ALONG SAID RIGHT OF WAY NORTII 01.53'32"
EAST 106.97 FEET, THENCE SOUTH 89000'02" EAST 1.00 FEET, THENCE NORTH 1053'32" EAST
60.0 1 FEET, THENCE NORTH 89000'02" EAST 1.00 FEET TO THE WESTERLY RIGHT OF WAY
OF COMMUNITY ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY NORTII
1053'32" EAST 46.43 FEET TO HIE TRUE POINT OF BEGINNING, THENCE NORTH 89.00'21"
WEST 112.09 FEET, THENCE NORTH 01053'31" EAST 104:51 FEET, THENCE SOUTH 88.06'29"
EAST 6.45 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE
NORTHWEST, HAVING A RADIUS OF 37.50 FEET, THENCE ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 39051'23" AN ARC DISTANCE OF 26.09 FEET, THENCE NORTH
52.02'08" EAST 23.26 FEETTOA POINT ON THE SOUTHERL YRIGHT OF WAY OF HILLEARY
PLACE, AS DESCRIBED IN EASEMENT FOR RIGHT OF WAY AND INCIDENTS FOR A PUBLIC
STREET DOCUMENT 1992'0093381, OFFICIAL RECORDS., RECORDED FEBRUARY 21, 1992,
SAID POINT IS ALSO THE BEG.INNING OF A NON TANGENT CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 75.00 FEET A RADIAL TO SAID POINT BEARS ,S
37034'04" WEST, THENCE SOUTHEASTERLY ALONG THE SOUTHERLY RIGHT OF WAY THE
FOLLOWING, TWO COURSES, THENCE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF
35035'48", AN ARC DISTANCE OF 46,60 FEET, THENCE SOUTH 46.01'05" EAST 27.09 FEET,
THENCE SOUTH ALONG THE WESTERLY RIGHT OF WAY OF COMMUNITY ROAD SOUTH
OJ .S3'32"WEST 94 14 FEET TO THE TRUE POINT OF BEGINNING.
APN: 317-101-54
END OF LEGAL DESCRIPTION
Cl TA Preliminary Report Form (Rev 1/1/95)
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