| The Association has an active Architectural Committee. The
members are appointed by the Board of Directors and are usually
members of the Board. This committee is responsible for reviewing
and approving, subject to the CC&Rs, any new development
on unimproved lots or remodeling of existing buildings.
Prior to the commencement of any new construction,
a $10,000 bond, letter of credit, or cash escrow in favor
of the Association is required for common area landscape or
other improvements created or disturbed during construction.
GUIDELINES: The Association is registered with the City and
will be notified when any building permit is applied for in
the Square. It should be noted that the City can not and will
not enforce any Association CC&R requirements. However,
the Association will take an active part in the permit process
and will require compliance with the rules and regulations.
It is recommended that the owner/developer review the appropriate
paragraphs of the CC&Rs regarding new construction.
Excavation: Before any excavation takes place, the
Association’s property management firm should be contacted
to address existing irrigation lines, power lines, common
area signs, etc. This is in addition to the normal “blue
stake” requirements.
Dues Change: At the date construction begins (usually
the placement of the limits of disturbance fencing), the member's
dues will immediately be increased from that of a vacant lot
to that of a lot with improvements. The size of the improvements
will be estimated from the plans provided to the Association
for review, and will be re-measured upon completion of the
building. For example, for a 3,000 square foot lot with a
proposed two story building, constructed lot line to lot line,
the total square footage used for dues calculations will be
9,000. The increased dues will be effective on the first day
of the next quarter (the first day of July, October, January
or April).
A detailed landscape plan surrounding the building lot
is required. The plan should provide specifics for disturbed
areas, re-vegetation, and new landscape. It should also address
any needed connecting sidewalk(s) to existing common area
sidewalks and/or to parking lots.
Common Area Irrigation: The Association will consider
connecting its existing irrigation system to a new or extended
system if the connection is financially and functionally feasible
(water pressure, existing or new zones, timers, heads , etc.).
If it is not possible to maintain the performance level of
the existing system, the owner/developer will be responsible
for installing and maintaining a separate irrigation system,
run from the lot's water connection and power source.
Common Area Landscape Maintenance: The Association
must approve the proposed landscape plan. If the maintenance
of the proposed landscape is not labor intensive, such as
sod or bark covered areas, the Association will assume maintenance
responsibility (mowing, fertilizing, etc.) after the area
is established. If the area has extensive ornamental planting
of annuals, perennials, ground cover, etc., the individual
lot owner will be responsible for maintaining the area.
Common Area Encroachment: The City and the Association
have an approved procedure to allow most types of encroachments
into the common area. The Association and the property owner
execute a “Party Wall Agreement” that is prepared
jointly by our legal counsel and the City to allow such encroachments.
Use of the terms “party wall” and “sale
and leaseback” do not have the customary meaning but
were selected by both parties as the most appropriate and
enforceable language. To view the full text of the agreement,
click below:
PROSPECTOR
SQUARE PARTY WALL AGREEMENT
Roof Drains: The Association has a drain system running
through the interior of the walking mall. If it is at all
possible, the owner/developer is required to connect the building's
roof drains to this system. If this is not possible, the affected
area of the roof drain(s) must be approved by the Association.
Construction Staging: The Association and the City
require a construction staging plan. This plan needs to include
the placement of garbage containers and portable restrooms,
and location designations for materials delivery and parking
during construction, in addition to other items as deemed
site appropriate. It is common to allow the use of parking
stalls or a portion of the building's parking lot frontage
for staging. The repair of any disturbance or damage to the
common area will be the responsibility of the owner/developer.
All efforts will be taken to ensure safe and reasonable use
of the Association's common areas for both the new construction
activity and for the operation of surrounding businesses.
Additional information on the roles and responsibilities
of the Architectural Committee are specifically outlined in
the CC&Rs.
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