SAMUELSON NATIONAL v. Kaiser Aetna

Opinion

KINGSLEY, Acting P. J.,

Plaintiff appeals from orders dismissing its complaint after orders sustaining without leave to amend the demurrers of the two defendants. We affirm the orders.

Since the case comes to us on demurrers, and those demurrers admitted (so far as we are now concerned) the facts, but not the conclusions, of the complaint, we set forth, as facts, the essential allegations of that complaint.

1

Defendant Kaiser-Aetna is the developer of a large tract of land in Los Angeles County, known as the “Warner Center.” It subdivided the tract (some 1,100 acres) into various subtracts, with the intent and purpose of developing an industrial complex. As a part of that development, it executed and recorded an elaborate declaration of covenants, conditions and restrictions, of which the following provisions are herein pertinent;

“Article III

“Regulation of Improvements

“Section 3.1 Approval of Plans

“A. Approval Required No improvement shall be erected, placed, altered, maintained or permitted to remain on any land subject to this Declaration until final plans and specifications showing that plot layout, all exterior elevations with materials and colors therefor, signs and landscaping shall have been submitted to and approved in writing by Grantor. Such final plans and specifications shall be sub

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mitted in writing in duplicate over the authorized signature of the owner, lessee, licensee or other occupant of the site or his authorized agent. Under no circumstances shall the Grantor approve metal-clad buildings of any type or design other than ‘curtain wall’. Changes in approved plans which materially affect building size, placement or external appearance must be similarly submitted to and approved by Grantor.

“B. Basis for Approval Approval shall be based, among other things, on adequacy of site dimensions (a minimum lot size of 40,000 square feet will be required for Tracts 27192, 30615, 30715 and five acres for Tract 27894), conformity and harmony of external design with neighboring structures, effect of location and use of proposed improvements on neighboring sites, the nature. of improvements on neighboring sites and the types of operations and uses thereof, relation of topography, grade and finish ground elevation of the site being improved to that of neighboring sites, proper facing of main elevation with respect to nearby streets, adequacy of screening of mechanical air conditioning or other rooftop installations, and conformity of the plans and specifications to the purpose and general plan and intent of this Declaration. No plans will be approved which do not provide for the underground installation of powerlines from the lot lines to buildings. Grantor shall not arbitrarily or unreasonably withhold its approval of said plans and specifications.