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TT 4489 PAINTERS PATH WEST OF HIGHWAY 111 1978
INTEROFFICE MEMORANDUM City of Palm Desert TO: Honorable Mayor and Members of the City Council FROM: Director of Public Works SUBJECT: Tract No. 4489 (Bond Exoneration) DATE: March 23, 1978 RECOMMENDATION: Ad t a tion to release the 'Improvements Bonds for Tract No. 4489 n the Morgan-Mitsibishi Development. DISCUSSION: This tract originally was zoned R-2 .and a development was bonded therefore, but in the ensuing period of time no improvements were ever completed.on the Morgan-Mitsibishi property: The existing zoning is now PCR-4, planned commer- cial . The old development plan is not is conformance with the new zoning therefore, we recommend the bonds be exonerated. , The new owner of the land has presented to the Planning Department a new development plan in accordance with the zoning EAGLE DEVELOPMENT �- OMPANY 4800 CAMPUS ORIVE NEWPORT BEACH,CALIFORNIA. D2660 (714) 667-2001 March 7 ,11978 Mr . Clyde Beebe Department of Public Works City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 2260 Re : Trac #4489 and 4489-1 Dear Mr . Beebe : Enclosed is our request for exoneration of certain bonds posted with your City pursuant to Tract #4489 .and 4489-1 . This letter also is to advise you that Mr. Dick Arnold, of Desert Enterprises , Inc . , 73-190 El Paseo , Suite 5 , Palm Desert , Ca. , is authorized to act in behalf of us as our agent relative to matters pertaining to said T property. If you have any questions , please give us a call . Ver truly yours , euber . 7LgLharn III , � Project Coordinator cc ; � Paul A. Williams , Department of Environmental Services HFLdc f REGISTERED CIVIL ENGINEERS ` ENNINGS • HALDERMAN • HOOD i 1 J � A CORPORATION 540 NORTH GOLDEN CIRCLE DRIVE, SUITE 111, SANTA ANA, CALIFORNIA 92705 (714) 835-3611 3 MARCH 1978 MR. HUNTER COOK CITY ENGINEER CITY OF PALM DESERT 45-275 PRICKLY PEAR LANE PALM DESERT, CA 92260 JOB NO.. 1860 - TRACT NO. 4489 ON BEHALF OF THE SUBDIVIDER, . MORGAN—MITSUBISHI, WE REQUEST THAT THE CITY OF PALM DESERT EXONERATE THE IMPROVEMENT BONDS FOR TRACT NO. 4489. HUG E. HALDERMAN HEH:.I 1 ASSOCIATES: JES\I\Gs Eva.Co.,Los Angeles•JEN\ISGs-McDER-,tOTT&HEtss ENG.CO.,San Jose GIBSON, DUNN a CRUTCHER LOS ANGELES LAWYERS JAS.A.GIBSON,1652.1922 SI SOUTH (LOWER STREET W. E.DUNN,1661-1925 LOS ANGELES,CALIFORNIA 90071 660 NEWPO RT CENTER DRIVE ALBER7 CRVTC HER,1850-193I (213) 488-7000 POST OFFICE BOX 2490 BERT A.LEWIS MAX EDDY UTT NEWPORT BEACH, CALIFORNIA 92663 of CWNSEL B EVER HILLS (714) 644-2071 EUROPE 4 RUE SAINT FLORENTIN 9601 WILSHIRE BOULEVARD BEVERLY HILLS,CALIFORNIA 90210 TELEX' 67-4930 75001 PARIS,FRANCE f2131 273-6990 260-3905 CABLE ADDRESS:GIBTRASX CABLE ADDRESS:GIBTRASN PARIS TELEX:210805 SAN DIEGO September 1, 1977 600 B STREET SAN DIEGO,CALIFORNIA 92101 (714) 231-I100 OUR FILE NUMBER CX 4377-1-2 City Council City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: Tract 4489 Gentlemen: This letter is written on behalf of our client, Morgan-Mitsubishi Development Co. , the owner of Tract 4489 in the City of Palm Desert. In July 1977 plans were filed for design review for a planned unit residential project on a portion of Tract 4489 in accordance with Conditional Use Permit No. 1371 originally issued by the County of Riverside. Through the design review process and at the Planning Com- mission questions were raised concerning the validity of Conditional Use Permit No. 1371 and the ability to go forward with the proposed project under the City Zoning Ordinance. We understand the status of the proposed project will be considered at the City Council meeting to be held on September 8, 1977. Our client considers these questions to be of a most serious nature, particularly in light of the history of the proposed project both before and after the incorporation of the City. We believe it would be helpful to review this history. 1. In December of 1971 Eagle Development Company submitted applications to the Riverside Planning Commission for approval of a Conditional Use Permit, Variance and Tenta- tive Tract Map for a planned unit residential project. 2 . In March of 1972, after numerous public hearings and changes to the proposed development plan, Conditional Use Permit No. 1371, Variance No. 1171, and Tentative Tract Map 4489 were approved. This approval encompassed approval of the City Council September 1, 1977 page 2 precise plat plan, layouts, elevations and building plans submitted to the Design Review Board on July 6 , 1977 . 3. On November 30, 1972 a challenge was made to the Conditional Use Permit and Variance in a case entitled Concerned Citizens of Palm Desert, Inc. v. Riverside County Board of Supervisors . In March of 1974, an opinion in that case was issued upholding the validity of the Conditional Use Permit and Variances. 4. On November 2 , 1973 Final Tract Map 4489-1, covering a .portion of the property, was recorded. 5. On November 26, .1973 the City of Palm Desert was incorporated. 6. On November 26, 1973 Ordinance No. 12 of the City of Palm Desert was adopted which, in effect, revoked all conditional use permits, variances and tentative tract approvals "unless substantial construction has been commenced. " . 7 . On March 28 , 1974 our client filed for an ex- tension of time on the balance of Tract 4489 and also refiled the balance of Tract 4489 for tentative map approval without prejudice to any rights they may have had with respect to the original tentative tract map. 8 . On April 5, 1974 the City Manager advised our client that all existing subdivisions were made null and void by the above referenced ordinance and that no action would be taken on the request for an extension for the balance of Tract 4489 . 9. On August 13, 1974 a second request for extension of Tract 4489 was filed with the City. 10. At the meeting of the City Council on September 26, 1974 a one-year extension of time for the balance of Tract 4489 was approved in accordance with .the staff recommendation. That recommendation included additional conditions which were complied with. It is pertinent to note that by a memorandum City Council September 1, 1977 page 3 dated September 23, 1974 the City staff expressed the opinion that the existing Conditional Use Permit had been made per- manent because of substantial construction and that the developer should not be required to revise its project. This was in essence the finding made by the City Council in granting the extension. 11. In October of 1974 the refiling of the balance of Tract 4489 was withdrawn. 12. At the meeting of the City Council on September 11, 1975, the Final Tract Map for the balance of Tract 4489 was approved. This approval encompassed the finding that all conditions of approval to Tract 4489 were met. Included within these conditions is the fact that "a valid Conditional Use Permit shall be in effect as of the time of recording the final map. " 13. On September 18, 1975 a Final Tract Map for the balance of Tract 4489 was recorded. A condition to Conditional Use Permit No. 1371 is that it be used within 3-1/2 years and "use" is defined as "recordation of a subdivision map and substantial construction of the development contemplated. " Section 25 . 5-3 of the City Zoning Ordinance provides that no new or additional permit will be required for any land use heretofore authorized by the City of Palm Desert or the County of Riverside by variance, con- ditional use permit or tentative tract map provided there has been substantial reliance on such approval and that substantial construction has begun on a portion of the project. As can be seen, the concept of substantial construction is important to the validity of the approvals previously granted for the proposed project. In fact, under California law, the whole question of vested rights turns on substantial construction. If substantial construction had not occurred prior to November 26, 1973, the conditional use permit, variance and tentative tract map approval would have been revoked by Ordinance No. 12 and if substantial construction had not occurred prior to September 11, 1975, the City Council could not have made the finding approving Final Map 4489. City Council September 1, 1977 page 4 Substantial construction has occurred in connec- tion with the proposed project. The developer spent sub- stantial amounts in reliance on the Conditional Use Permit and other approvals. This included not only grading of the entire site, but also installation of public street improvements required in connection with Tract 4489 and the dedication of such improvements to the County, but also the installation of on-site utilities specifically designed for the proposed project. The City Council has made a finding on at least two occasions that substantial construction did occur and, accordingly, the rights in the conditional use permit had become vested. These findings occurred at the September, 1974 City Council meeting both by adopting the staff position as outlined in the City Manager' s memo of September 23, 1974 and by extending a Tentative Tract approval which would have .been revoked by Ordinance No. 12 had substantial construction not taken place. Again, at the September 1975 City Council meeting the City found that Conditional Use Permit No. 1371 was valid and this permit by its terms would have expired had substantial construction not been undertaken, and also would have been revoked by Ordinance No. 12. Given this background, it is not surprising that our client became greatly concerned when they received the July 5 , 1977 letter from Mr. Paul A. Williams, Director of the Department of Environmental Services taking a contrary position. The reason for this concern is even more evident when considered in the light of the fact that in June of 1977 a meeting was held with Mr. Williams and the City Attorney, Mr. Erwin, wherein the City Attorney expressed the opinion that the approvals had become final and that the project could go forward. The apparent dilemma now posed by the staff is that the proposed project is in conflict with the zoning map and the City' s Zoning Ordinance. , It is clearly not in conflict with the Zoning Ordinance because Section 25..5-3 clearly recognizes the validity of approvals such as those in effect for the project as well as nonconforming uses under Section 25. 40-11. This section provides that nonconforming uses which are existing under a variance or conditional use permit City Council September 1, 1977 page 5 shall be permitted to continue in accordance with such use permit. Since there are vested rights with respect to the project which cannot be altered by a zone change, it cannot be held to be determinative that the City, on its own motion, changed the zoning map to be inconsistent with these vested rights. In preparing this letter we have intentionally omitted references to the various legal precedents establishing the validity of the Conditional Use Permit and the project. We are unaware of any controlling precedents to the contrary and the City Attorney has not indicated to us that his opinion is to the contrary. We are, however, available to discuss any legal issues relating to the project with the City Attorney or the City Council. In light of the foregoing, we hereby request on behalf of our client that the City Council (i) instruct the Zoning Administrator to issue a Use Certificate in accordance with Section 25 . 42-2 upon a finding that the proposed project con- forms to the requirements of Conditional Use Permit No. 1371 and Variance No. 1171 and (ii) find that under Section 25. 5-3 of the City Zoning Ordinance design review is not necessary in this instance as all matters which would normally be con- sidered by the Design Review Board were approved in connection with Conditional Use Permit No. 1371. Respectfully submitted, RCW:pko Ralph C. Wintrode of GIBSON, DUNN & CRUTCHER Enclosures: 1. Ordinance No. 12 2. Transmittal letter to City Council, dated March 28 , 1974 3. Transmittal letter to City Council, dated March 28 , 1974 4. Letter from City Manager, dated April 5, 1974 5. Letter from Gibson, Dunn & Crutcher to City Council, dated August 13, 1974 6. Memorandum from City Manager, dated September 23 , 1974 7. Letter to City Clerk, dated September 3 , 1975 8 . Section 25. 5-3 of the City Zoning Ordinance 9. Section 25. 40-11 of the City Zoning Ordinance 10. Section 25. 42-2 of the City- Zoning Ordinance 11. Letter from Paul A. Williams to . Walter R. Gayner of 7/5/77 12. Letter from Ralph C. Wintrode to David J. Erwin of 7/14/77. 1 I ORDINANCE N0. 12 2 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT RESTRICTING DEVELOP%1ENT AND 3 AMENDMENT TO COUNTY ORDINANCES �VITH REGARD TO ISSUANCE OF PERi':iITS AND USES PER%11ITTED. 5 The City Council of the City of Palm Desert, California, DOES HEREBY RESOLVE as follows: 6 7. SECTION 1 . That Section 18.30 of the Riverside County Ordinance No. 348 be and the same is hereby amended to read as 8 follows: 9 "Section 18. 30. Approval of a Plot Plan. Notwithstanding any other provisions of this Ordinance, the following procedure and standards 10 are established for all "Uses Permitted" in all zones and for the approval of a plot plan that is required by any section of this ordinance. Any such approval 11 granted prior to the effective date of this ordinance is hereby declared null and void if the use authorized has not obtained permit therefor and construction 12 been commenced. 13 (a) Application. Prior to issuance of a building permit and prior to any use permitted, applications for approval of 14 a plot plan shall be made to the Planning Commission on the forms provided by the Planning Department and shall 15 include such information and documents as may be 16 -' required, in addition to the following: (1) Name and address of the applicant and all persons 17 that oven any part of the subject property, including evidence that all owners agree to the application. 18 (2) Location or address, and legal description of subject property. 19 (3) A plot plan, drawn to 'scale, that shoves the following: 20 a. Boundary and. dimensions of the property. b. Existing topography of the property and 21 proposed grading c. Location of adjacent streets, easements, drainage, 22 structures, utilities, buildings, signs, and other __features that may affect the use of the property. 23 d. Proposed development, including planned buildings and structures, access, drainage, 24 yards, drives, parking areas, landscaping, signs, and walls or fences. 2' e. Building elevations. f. Floor- plans. 25 g . Strut and road improvements. 27 (b) Approval of Plot Plan. The Planning Commission shall approve conditionally approve or disapprove a plot plan within 30 23 days after receipt of a completed application and they shall give notice of their decision, by mail, to the applicant, .29 together with anti required conditions of approval, based 30 upon the foI lo.;ing standards. (1 ) The pre^oscd use must conform to all the requirements 31 �I of t;,:. zone in which it is locate-{ and all outer appli- cable requirements of this ordinance. 32 (2) Tile over-all development of the land shall be designed r i I to insure the protection' of the public health, safety, and general welfare, to conform to the logical development 2 of the Kind and to be compatible %%,ith the present and future logical deve►opmcnt, character, and design 3 of the surrounding property, including the consid-oration of the location of streets, th` avoidance of traffic congestion and topographical, drainage conditions, and architectural appearance. 5 (c) Appeals. An applicant may appeal from the decision of the 6 Planning Commission by the following procedure: 7 (1) Appeal to the City Council. %:1ithin 30 calendar days after- the date of the mailing of the Planning S Commission's decision, the appellant may appeal the decision, in writing, to the City Council, 9 on the forms provided by the Planning Department. Upon receipt of a completed appeal , the Clerk of the 10 City shall set the matter for hearing before the City Council not less than 5 days nor more than 30 days 11 thereafter and shall give written notice of the hearing to the appellant and the Planning Director. The City 12 Council shall render its decision within 30 days 13 following the close of the hearing on the appeal .. (d) Transfer to City Council . The decision of the Planning 14 Commission shall be final unless an appeal is filed or unless within 7 days of the date of mailing of the Commission's 15 decision, the City Council or any member thereof request, 16 the application transferred to the Council for public hearing- (e) Approval Period. The approval of the plot plan shall be 17 valid for a period on one year from its effective date, within which time the construction authorized must be substantially 1S begun or the occupancy authorized be in use; otherwise . 19 the approval shall be void and of no effect. - 20 SECTION 2. All permits issued by the County of Riverside, includinc but not limited to conditional use, variance, zoning, grading, building or Plot 21 Plans, unless substantial construction has been commenced, are hereby declared null and void and of no further effect. Approval thereafter must be by permit 22 under Section 1 above. 23 SECTION 3. The City of Palm Desert being incorporated this date, the City Council determines this matter to be of extreme urgency and is required 24 to preserve the immediate peace, health, safety and welfare of the City of Palm Desert.. By reason of the foregoing, this ordinance shall take effect immediately 25 upon its adoption and the same shill be posted as prescribed by law, 26 PASSED, APPROVED and ADOPTED this 26th day of November f 973, by the following vote; 27 23` AYES: :Mayor Cl-ark , Coun._i.l�-,onan p,� - _nson, Councilmen Aston, Brusi1, 'icPherson 29 NOES: do^.e 30 ABSENT: 'No n e 1 N f J i I rc1` J.. 111 1 I I _2_ I finnry f(. Mirk iMayor 2 City of Palm D`s'�rt, California . 3 A _=ST, City Clerk 5 City o: Palm Desert, California 6' . S 9 10 11 12 13 14 15 16 17 1S 19 20 21 22 23 24 25 26 27 23 29 30 31 , 32 �! ,1 -3- RECEIVED MAR 2 8 1974 MORGAN-MITSUBISHI DEVELOPMENT CO. c/o Morstan Development Company , Inc. PAUA DESERT CITY HALL 1251 Avenue of the Americas' New York, New York 10020 March 28 , 1974 City Council Palm Desert, California Gentlemen : Morgan-Mitsubishi Development Co. is the owner of Tract No. 4489-1 and the remainder of Tentative Tract No. 4489 . In accordance with Article 5 , Section 5. 16 of the Riverside Subdivision Code , as adopted by the City of Palm Desert , we hereby request an extension of one additional year for the tract map regarding Tentative Tract No. 4489 . We understand that if this approval is granted, the expiration date of the remainder of Tentative Tract No. 4489 will be September 21 , 1975 . MORGAN-MITSUBISHI DEVELOP1.tENT CO. By: MORSTAN DEVELOPKEENT COMPANY, INC. by Thomas C. Melzer MORGAN-MITSUBISHI DEVELOPMENT CO. C/o Morstan Development Company, Inc. 1251 Avenue of the Americas New York, New York 10020 March 28 , 1974 City CouncilfiQ 'u r Palm Desert, California C/o Planning Department '" ' PVIAR 2 8 19, E County of Riverside Gentlemen: PLANNING DESERT Morgan-Mitsubishi Development Co. is the owner of tract no. 4489-1 and the remainder of Tentative Tract No. 4489. Enclosed is one original Tentative Tract Map for Tract 4489 which is being filed with you for processing with respect to the arrangements not covered by Tract Map No. 4489-1. Eight additional copies of the Tentative Tract Map will be delivered to you shortly. The enclosed Ten:ative Tract Map is being re-filed without prejudice to any rights which Morgan-Mitsubishi Development Coy may have to continue the processing of Tentativa Tract No. 4489 as originally filed with th9 County of Riverside and approved by the Board of Supervisors of the County of Riverside, including but not limited to its right to require that final Tract Map be approved by the appropriate governing body if . . the conditions imposed with respect to Tract 4489 are complied with. Very truly yours, MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTAN DEVELOPMENT C014PAIIY I INC. by _ TFornas C. Melzer TCM/m j cc: ter. David J. Erwin Erwin, Anderholt & Scherotter City Attorney of Palm Desert 73-021 EL PASEO PO.Box 1648 Palm Desert Co.92260 Ph. 346-0611 April 5, 1974 Morgan-Mitsubishi Development Co. °fo Morstan Development Company, Inc. 1251 Avenue of the Americas New York, New York 10020 Dear Mr, Melzer: In answer to your letter of March 28, 19.74 regarding an e1-tenslon of time for Tract 4489 we wish to advise that at the time the City of Palm Desert was incorporated all existing subdivisions were made null and void unless substantial construction -was started. I am sure you are aware of this as I am told that you have applied for a new Tentative Map to be processed through the City of Palm Desert and have filed the necessary form with the County of River- side Planning Office in Indio, California, The County Staff is processing our subdivision maps at this time. No action will be taken on your request. Very truly yours, HARVEY L. HURLBUltT City .Manager HLII:cd Cf� 4373at Imgust 13 e 1974 ce d Alta a1:t cn: yy'yyid e Paul A. }111ie�,,,'.Maras t. 9 Servicas 4-4e'Y2 v.bL;u�Il l ,ro:..r.a"'1 �subluM. I:r.v lopnent Co;:ipany, Which is t.he Lam':-1i.er Gi I-P.—act4-IM"1 a1d s"c'Y ai. dcr a'» No. 44139. We s;arebSY &n v"a�`�IrW�.4:12 of one 3G�:$i:Y>f)51�� �, �.� 'fir 'i �.."'e.S:i';' a Li a:racK. map '.'1$."a°2 nf�£.ct, to "Al`. v 3 j?©Y;ojC}Tl o`w ild -,,a- J1 -1-14 mi e—,zt>'a35icn is Va1-•1 t ru,I y a CU3 a . MENI O.R A i'i_-LIU%I September 23 , 1974 City Council To : 1 onc.,T able Mavor and of tho C`L From: liarve,-y L. Huriburt , City Mana:-er Re: REQUEST FOR A_X EXTE -S!C.;)xT OF TI ,TE -RACIT NO. 4,'_,S9 A reques-t for a second extension o.I t mi for Tract No. C..1. - Devello�onlent" , is sched,,.ile I u'-lic hearin- on Sc7te:n- "Ea .: c d 'n r _71 ber 26, 1974. T 11:e -r)u r 1)c 53.D o-f, Tili7 i.ri e rli o is to e s t a b I i s h a c, z i o n a 1 rect-_,Ci,-tieded conditicrs to be attached to this reoues' ed -_xtension . .When 'U'r.is ;utter was ori.gj..nal.ly approved by the Board cf Super- ,visors oil 'arc* ah 1 21 , 1972 , the attced 1-0 condi w e tions er appl, A to tlatl aP.,,)r(_)v,a1. . Subsequent to that approval , the Co;_(!,-_y Planning Co-jp,,i S�S 4 .-- ., granted an c.xtension of time for the tentative map to Se!Dtc,m',,-,er ';31 . 191-4 . This e..tcnsio e w gane ! i 9 7 - tcug , In .larch, 19 7 t"n e o,,,-n e r s of u h_J i r o,) t r e C.u e s t e d Pan e e S iC I I Of Ll I i S. 4,r c 1, -1-o t h e City n d 1 11,e S C!en v,"1t.i1 et C'r ca-, 7 nc- 4 that all cul:,,divislo-13 �:*ere null and V0_Ld in t",.e co Sul• s S� underslandin��r l, t-ar4 al , t 1,11c t i on- T. as tarted. It vas my ev tentatJi,e tract would be processed thi- Ioug n tt_ C j o 4-hF,4, It was found that t-,e fi-_--si unit o � Tract No. 4.489 had been recorded on 'No-vei-,iber 2 , 1973 and g r a d_J n had been com-leted on the site and utilities had been extendz-d in o t lie trac,,- . rased upon this sur-istantial constructicn, It vas dee,iied. t"'C, i-y -C.riji 0 thatl -cho ��ulbdivision v,7as n t null and void a:--af a tilne extension on the remnainder of the tract cou-;,_d be cons_:_de-l-ek-.", by the City of Pala. Desert . Attached is a copy of the recorded unit of this subdivision . On Ai:gust 1-3 , the Director of En-v-:Lron- rn e n- c e:3 r e i v e d -2. 1 e t r r eq u,es-t g �n o. t e s -f t is tract for ,,n additicna.1 one-year period. Under x-h(-- -n-- evis ioil of the S-c:-Ite �.1,a Act w! en a cons4dernt -ic-n o� a t a.7,11 c. c:,:ronz s I on otn a t(r ta t.l.v c; ,,,i a,." o c c u.-s t 11i e C o u n c 11 "Ma v C On-- sider add;.tfonal conditions io be att?.ched to the apprc): al of t�--e time. e.x"ension. On that basis , I would recommend approval of the extension of time for an additional one-year period to SeDternbe,_- 12 , 1975 for recordation of the final r-iiap Q11 this pro jeCt subject to the orizinal conditions of approval and the follo, _Jnc; c o n d 4L i-.i c n s Justi-ficat"on for thiss v;ould be coo -;_0 i an,. Of tlie -nap 'cc, tile existing olf 11-2-,"3000 and co., forrl,vic 0 C. the tentative trap to the adop-L.-c-,(.1 General Plan and to all require- ments of tl-le Subdivision Ordinance of the City. Recently , the Director of Environmental Services ri-,et with t.he re*,)::--,,-:, ilt-1.'• 1vc,s Of the o%vners Of EELS Prope::tv to discuss the e:,:-. tension of this tentative fi,,,ap . ' The main concern of this discussion was t-e conformance of tkis tentativ_- map to the recentl%- adopted l Mayor and City C:rIunc: it c�1)tcT.r r "' 1 Core Area Plan . The discussion revealed that the applicarrt , in to the first phas('- of this- tract , Had also in- :�t:'.�.J.�. i Lit J-:iq)ro'.-- t_^.Lnts on the adjacent pubil.c st-1--e ts, completely graded and established pacts for the proposed units on the total property, and have installed all utility lines within the total nroj=oct . Based upon these improvements, the applicants are of the opinion the e::istin- Conditional Use Permit on this property has been made permanent . However , due to markeE condi- tions , the applicant feels that the project as approved, does not appear feasible and is therefore, proposing at some later date to revise the total develoP:nent . Since the applicant has install,d 5Ub�4Ui:LiL'_'1 iiiip.rove—Tients , they feel i,ila.t tne�, nlust retiu�-lst Lhe ex- tension of the tentative flap at this time to guaraI:t?'e the monies that I::,Lve been spent hereto, on this project. The City Staff is of the opinion that the developer has a valid point and should not , unless t`�e applicant proposes , be required to totally revise their praj e ct . Hof;ever, kith regards to the Core Area Plan , the applicant should be required to t.ro:-ide for the installation of the il;dicaled bi- cycle landscape buffer along High�',Tay 111. The applicant appears to be %;tilling to do this at his own expense. Therefore , the recom- mended ac'ditiunal conditions of approval do specify the insta_lla- tion of the bicycle path and landscape buffer along HiL h�tiay 111 as a part of a_y _: . uenic phase. a t,-t i it . cc : 2. �t introde* Gibson , D;,,nn S: Crut^her Center L;rive I�e1":llCrt Beach, C_ilifornia C-2''0 r ADDITIONAL CONDITIONS OF APPROVAL , TRACT NO. 44S,9 16 . T1_.e deVCI�:,; " I' .,'� .Il enter into a future a ;rt'c ,;�ent with the City of Palm Desert to pay for l/4 of the cost of the in- stalla.tion of a traffic signal system at the intersection of ?Ii�-. ;rr.v 1"l and 4,lth Avenue. Said abreement shall be wr:;.tt^n in a manner acceptable to the City 'Attorney. Said shall be filed and acce :ted ;%ith the City prior to the reccrci,,.tion of any subsocluent units of this tract . ,A . In to t :e City Traffic En-ineer and as a part of the public improvements of any subsequent phase , the developer shall install standard stop signs ac all in- ter Secr_i(_-.ns of tiiE' p-ivate d:i:%ci.ays with public stl eet8 . 18. In z manner acceptable to the City Road Department , all driveway intersections with public streets shall be perpen- dicul:,,r tc the public streets and adequate line-of-site shall be established at all intersections . 19. In .a manner acceptable to the County Road Department and as a pert of any subsequent unit , the required public improve- ments shall include a temnorary cul-de-sac to be installed at the easterly terminus of Painters Path. 20. As a part of the development of any subsequent phase of this ter_t:tire map, the developer shall provide plans and construct a bicycle path and landscape buffer including mounding as ap- proved b`. the architectural Review Board within the unused right-cf-;°:a.y and the area betxeen the northerly property; line of tL.? s>tbi^ct property and the street shown as street "c" on t .e tentative :;nap for the full frontage of the subject property on Highway 111 . Said bicycle path and landscape buffer shall also be extended along the HJ.,—h-way 111 frontage i.?nci.uciin ; t['e unused ri ght c-of-- 'uy for depth U- 20 feet in the proposed vehicle storage area located at the northeast cor- ner of the; s_11bject property . In no event shall the required bicycle path and landscape buffer be a minimum of 22 feet in depth. Tlie plans for the proposed system (bicycle patio/ landscape buffer) shall be submitted as a part of the plans for the first building permit application on the subject prop- erty. 21 . An easement in the form acceptable to the Cite Attorney shall be granted to the City as a part of any subsequent phase of this tentative map for the public use of - the required bicycle path d-escribed in Condition No. 20, when said path is located on any portion of the subject property . 22 . The applicant and/er any subsequent Home Owners Association shall be responsible for the maintenance of the bicycle path __ _any Landscane buffer to be installed alone- fiighway 111 . r September 3 , 1975 City Clerk City of Palm Desert Palm Desert, CA 92260 Re : Tract 4489 Gentlemen: The undersigned, Morgan-Mitsubishi Development Co. , hereby requests that the matter of the approval of the final subdivision map for Tract 4489 be placed on the agenda for the meeting of the City Council on the llth of September, 1975 . The final map is filed for approval pursuant to Section 6645.7 of the Government Code. The final map was submitted to the City Engineer for approval in accordance with Section 66442 of the Government Code on August 1, 1975 . It is anticipated that the final map, together with the certificate of the City Engineer, will be transmitted by the City Engineer on September 5, 1975 , or shortly thereafter. All other conditions to the tentative map have been fulfilled. The foregoing was discussed with the City Attorney, David Erwin, who indicated that the matter should be placed on the agenda pending receipt of the final map from the City Engineer. The undersigned would appreciate your confirmation that this matter will be set for hearing at the September 11 , 1975 City Council meeting and included on the agenda for such meeting. Very truly yours, MORGAN-MITSUBIS11I DEVELOPMENT CO. By: MORSTAN DEVELOPMENT CO. by ARTICLE 25.5 APPLICATION 25.5-1 All Lands within the Corporate Limits The provisions of this Chapter are declared to be in effect upon all ' land within the incorporated jurisdiction of the City of Palm Desert as exist or is hereafter changed by annexation. 25.5-2 Relationship to Prior Ordinances Any building for which a building permit has been issued and valid under the provisions of earlier Ordinances of the City which are in conflict with this Chapter, may be continued and completed in accordance with the plans- and specifications upon which the permit was issued. 25.5-3 Continuation of Previously Granted Variances, Conditional Use Permits , Permits, Licenses Notwithstanding the provisions of this Article or any other provisions of this Ordinance, no new or additional variance, conditional use permit or license shall be required for any land use heretofore authorized by the City of Palm Desert or the County of Riverside by a variance, conditional use permit, building permit, license, or tentative or final tract map, provided there has been substantial reliance upon the above mentioned governmental entitlement, and provided further that conditions thereof are complied with and that substantial construction has begun on a portion of the project. 25.5-4 Procedure Regarding Pending Procedures The repeal or substitution of any Ordinance shall not affect any prosecution which may be pending in any court for the violation of any provision of said ordinance at time of said repeal or substitution. 25.5-5 Violation of Previous Ordinances The substitution or repeal of any Ordinance shall not be deemed to ratify or legalize any violation of any provision of such ordinance nor to affect the prosecution or punishment of any person, firm or corporation for any act done or committed in violation of any provision of said ordinance prior to the taking effect of this Chapter. 25.5--6 Conviction of Crimes Continued . Any Ordinance to be repealed or substituted by this Chapter shall be deemed to continue and be in full force and effect for the purpose of prosecuting and meeting punishment for any violation presently pending in any court. 25.5 (1) 25.40-10 Abandoned Use C ' Where no use of a non-conforming building or improvement shall be made for a period of one (1) year, said non-conforming building or improve- ment may be used only for the particular use or uses in their zoning dis- trict which requires the least amount of off-street parking. 25.40-11 Non-Conforming Uses Under Variance or Conditional . Use Per- mit The non-conforming uses and buildings which are existing under a Variance or a Conditional Use Permit granted under this or any previous Ordinance, shall be permitted to continue under the conditions and regulations im- posed in said permit or variance. f _ 25.40 (5) - r ' ARTICLE 25.42 CERTIFICATES OF USE AND OCCUPAPICY 25.42-1 Intent and Purpose In order to assure that each new or expanded use of a structure or site or alteration of an existing structure complies with all applicable provisions of this Ordinance, a use certificate is required before any building permit may be issued or any structure or site is used. A Certificate of Occupancy as required in the Building Code shall be issued only for a structure that conforms with the Use Certificate. 25.42-2 implication and Issuance of Use Certificate Applications for a use certificate shall be made on a form prescribed by the Planning Commission and shall be accompanied by plans and additional information as necessary, in the opinion of the Zoning Administrator, to demonstrate conformity with this Ordinance. The Zoning Administrator shall check the application and all data submitted with it and shall issue a use certificate if he finds that all applicable provisions of this Ordinance will be complied with. 25.42-3 Issuance of Building Permit The Building Official shall not issue a building permit until the Zoning Administrator has approved a use certificate for the structure which is the subject of the building permit. 25.42-4 Issuance of Certificate of Occupancy 25.42-4.01 Conformance to Reouirements The Building Official shall not issue a certificate of occupancy for a structure or alteration until he has found that the structure or alteration conforms with the use certificate, until all required screening and landscaping and off-street parking and loading facilities are complete, and he has found that all conditions attached to a use permit, a variance, and design review have been met, provided that the Building Official may issue a certificate of occupancy prior to the fulfillment .of all require- ments of this Ordinance if a faithful performance bond in an amount determined by the Building Official to be sufficient to complete the i.rork necessary to meet the requirements is filed with the City. Cash in the amount of the faithful performance bond may _ be deposited with the City in lieu of the bond. 25.42 (1) 1;; �I�`•Y CK5�t�Xr Off IFI�nmnc1 45-275 PRICKLY PEAR LADE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-061.I July 5, 1977. Walter R. Gayner President Eagle Development Company 4262 Campus Drive Newport Beach, Ca. 92660 Re: Tract 4489 and County C.U. #1371 Dear Sir: Since our meeting on June 27, 1977, I have reviewed all the previous actions of the City regarding the property owned by Morgan-Mitsubishi known as Cases Tract Not. 4489 & 4489-1 and County C.U. #1371 . Since I am going to be out of town on vacation and will not be able to review this research with Dave Erwin for a month, I thought that I would forward my thoughts to you while Dave is .investigating the matter more fully. The following represents what I believe to be the relevant outcor.e of this survey: 1 . A valid recorded. tract exists encompassing the property in question.- 2. C.U. #1371 is null and void for the following reasons : a. Non-compliance to original County -Conditions of Approval No. 10 b. Incorporation of the City on November 26, 1973 and related actions. c. Adoption of City Zoning Ordinance on December 11 , 1975, particularly Sec. 25.5-3 (page 25. 5(l )) . d. Adoption of the City Zoning Map on February 12, 1976 designating the property as, Planned Commercial Resort. On the surface it would appear to me that all previous actions by the City on the Tract Map was on the basis of conformance to the City's Subdivision Ordinance or the State Map Act. Said actions never dealt with what ultimate use of the property would be pursuant to the City's Zoning Ordinance. Please note Attorney General Opinion (43 OPS. , Atty.__ Gen.. 144,.4-7-64)which seems to relate to this matter. `-Based upon the-present zoning, a condominium development is not permitted in the Planned Commerical Resort Zone District. Therefore, no such use can be granted by the City. I am certain that the City Attorney will be researching this matter more fully and will notify you of his opinion in a relatively short time. If my opinion holds true, it would be meaningless to file for Design Review of the original project at this time. If you have any questions regarding this matter, please feel free to con- tact ter. Ralph Cipriani. during my absence. Very truly yours, Paul A. Williams , Director Dept. of Environmental Services PAW/ks cc: Ralph C. Wintrode City Attorney July 14, 1977 CX 4377-1 a,_., David J. Lrwin, Lsq., Erwin, Anderholt of Scherottcr 74133 El Paseo Pala Desert, CIS 92260 Re: '"Tact No. 4439 Dear Dave: 1 1-lave ravietued Paul :+illi airs' letter of July 5, 1977 and certainly disagree with the opinion he expresses, particularly his poin`s wiE:l respect to the Conditional Use Permit 1371. Con;iition UO of the Con itio_hal Use-- Permit required that the approval i_)e "used" within t'h_—ee cane. a .half years after the final proceedings before tie Dour i of Supervisors and defined use as recording o : a subdivision map and substantial construction of the developh,ient contemplated. Variance 10117.1 had a similar condition. The developer in this case has complied with that- condition and his cc:-Lipliance is evidenced by action taken by the City Council on a nur ,)ar of occasions. You will note that conditions to the recording of a final map are that a valid conditional use permit and variance shall be in effect at the time of recording. The City Council found in September of 1975 that all conditions regarding the final map on the second phase of the project had been iaet and the nap was subsequently filed. In addition, at the City Council meeting of Ueptember. 2G, 1974, when the City extended for one year the date in which a final map could be rucordc.d, the City accepted the developer' s position that the conditional use permit on the property had become final, and granted the extension with certain conditions with which the developer has complied. There would seen little question that the conditional use Permit has become final and the developer is entitled to go forward with the project as originally contemplated. The actions taken by the City on incorporation and in con- nection with adopting the City zoning ordinance in 1975 and the zoning map in 1976 would have little effect on the validity of the conditional use permit. As you may recall, upon incorporation, the David J. En-iin, Esq. Page Two July 14, 1977 City adopted an ordinance revoking all conditional use permits, variance and tentative tract map approvals, except in this case where the developer had obtained vested rights in the approval in question. Subsequently, the City recognized the fact that the developer had a ve:3ted right in the tentative tract map approval for the remainder of Tract 4489 (those portions of which the final tract nap 4489-1 did not cover) . The conditional use permit and variance would be subject to the sane test as the tentative tract map approval, and, accordingly, the City' s own actions have in effect validated these approvals. .4r. Williams cites Attorney General Opinion (43 OP5. , Atty. Gen. 144,4-7-64) , a copy of which I have enclosed. The opinion does not seem to be relevant to the issue of validity of the conditional use permit, but encompasses an entirely different Natter_. Accord- ingly, I coo not see why Mr. Williams seeks to rely on this opinion. As you know, the developer has spent substantial time and effort in preserving the approvals obtainer: for this project. This includes t:ie litigation brought by the concerned cititieri s. The decision in that lawsuit by the Appellate Court in effect held that the develo-:er tiad obtained all necessary J_inal approvals to go for- ward with the project, and that these ware no longer subject to attack. see Conce-r-neda Citizen:; of Palm Desert, Inc. vs. Boar" of Supervisors, (1974) 38 Cal. 3d 2j7. 5ubso-quent to the incorp- oration o. the City, the developer took. all steps necessary to preserve the previous approvals and complied with all conditions imposed on it by the City of Palm Desert. It would seen to me absolutely outrageous for the City. to attempt to reverse its position. . at this time. Certainly the City has no authority to coo so under existing case law, and in any event would be estopped from assert- ing that position because of their previous actions. We have continued the design review of this project to July 26, 1977. 11opefully the viability of the proposed project will have been established and accepted by the Planning Commission, and again by the City Council, at that time. We would also hope that at that meeting the Design Review Board would limit their inquiries. to those: matters with which they may properly be concerned, con- sidering the approvals obtained to date by the developer. Please call ne after you have had an opportunity to review this letter and the Attorney General' s opinion so that we may dis- cuss the natter further. Very truly yours, RC'.1:pc enc. cc: R. Bruce Robertson Ralph C. Wintrode .. Walter R. Gayner 16; The developer shall enter into a future agreement with the City of Palm Desert to pay for 1/4 of the cost of -the installation of a traffic signal system at- the inter- section of Highway Ill and 44th Avenue. Said agreement shall be written in a manner acceptable to the City Attorney. Said agreement shall be filed and accepted with the City prior to the recordation of any subsequent units of this tract . 17 . In a manner acceptable to the City Traffic Engineer and as a part of the public improvements of any subsequent phase, the developer shall install standard stop signs at all intersections of the private driveways from public streets . 18. In a manner acceptable to the City Road Department, all driveway intersections with public streets shall be - perpendicular to the public streets and adequate line- of-site shall be established at all intersections . 19. In a manner acceptable to the County Uoad Department and as a part of any subsequent unit , the required public improvements shall include a temporary cul-de-sac to be installed at the easterly terminus of Painters Path. 20. As a part of the development of any subsequent phase of this tentative map, the developer shall provide plans and construct a bicycle path and landscape buffer in- cluding mounding as approved by the Architectural Review Board within the unused right-of-way and the area between the northerly property line of the subject property and the street shown as street "C" on the tentative map for the full frontage of the subject property on Highway Ill . . Said bicycle path and landscape buffer shall also be extended along the Highway 111 frontage including the unused right-of-way for depth of 20 feet in the proposed vehicle storage area located at the northeast corner of the subject property. In no event shall the required bicycle path and landscape buffer be a minimum of 22 feet in depth. The plans for the proposed system (bicycle path/landscape buffer) shall be submitted as a part of the plans for the first building permit application on the subject property. 21. An easement in the form acceptable to the City Attorney shall be granted to the City as a part of any subsequent phase of this tentative map for the public use of the required bicycle path described in Condition No. 20, when said path is located on any portion of the subject property. 22. The applicant and/or any subsequent Home Owners Associa- tion shall be responsible for the maintenance of the bicycle path and landscape buffer to be installed along Highway 111. Mr. Bruce Robertson, representing the developer, said this was a request for an extension of the tentative map which has been approved. They are not now in a position to proceed so are asking for the extension. They agree to participate in the bicycle path program but requested exemption from liability for injuries as a result of the path. He would like to work this out with the attorney. They are reviewing the concepts to make the project better but have not reached an agreement with the developer. There were no opponents , and the Mayor closed the hearing. 3 There was discussion over Painters Path being closed and the possibility of a bridge across . Staff will pursue this further through the County Road Commissioner and Wilsey & Ham. Councilman Brush moved that, the extension to September 12 1975 be granted.- Motion seconded by Councilman Aston and carried by the following vote: AYES : Aston; ,Benson; Brush; McPherson; Clark NOES : None B. Zoning Ordinance Amendment - 01-74-PD - To consider an amendment to the Palm Desert Zoning Ordinance which would establish revised parking standards in the City, Section 18 . 12 The Mayor opened the hearing. Mr. Williams went over the proposed Ordinance No. 54 in detail. Bernie Leung, architect , objected to the parking area space. There was further discussion on irrigation and parking stalls . Councilman Brush moved that further reading be waived and that Ordinance No. 54 be passed to second reading subject to the following changes : Section . 03 (1) "10 feet" shall be changed to "9 feet" ; (5) "Landscape and irrigations plans" shall be changed to "Landscape and automatic irrigation plans and (6) shall be eliminated. Motion second e by Councilwoman Benson and carried unanimously. IX. ; RESOLUTIONS A. RESOLUTION NO. 74-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING AN OPERATING BUDGET FOR THE PERIOD OF JULY 1 , 1974 THROUGH JUNE 30, 1975 Councilman Brush moved, Councilman McPherson seconded that Resolution No. 74-71 be continued to the next adjourned or re9 e meeting. Motion carried unanimously. B. RESOLUTION NO. 74-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING POLICY FOR THE UNDERGPOUNDING OF UTILITIES THROUGH THE USE OF UNDERGROUNDING DISTRICTS AS PROVIDED FOR IN CITY Councilman McPherson moved, Councilman Aston seconded that further reading be waived and that RESOLUTION NO. 74-72 be adopted. Motion carried unanimously. C. RESOLUTION NO. 74-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING STOP CONTROL AT EL PASEO AND PORTOLA Councilman Brush moved, Councilman McPherson seconded that further reading be waived and that RESOLUTION NO. 74-76 be adopted. Motion carried unanimously. D. RESOLUTION NO. 74-77 .- A RESOLUTION OF THE CITY 9 COUNCIL OF THE CITY OF PALM DESERT,URGING A NO VOTE ON PROPOSITION 17 BY ALL CITIZENS OF THE STATE Councilman Aston moved, Councilman Brush seconded that further reading be waived and that RESOLUTION NO. 74-77 be adopted. Motion carried unanimously. 4 VI . APPROVAL OF MINUTES A. Minutes of the Regular City Council meeting of September 12 , 1974 were approved as submitted. B. Minutes 'of the Adjourned City Council meeting of September 17 , 1974 were approved as corrected. C. Minutes of the Adjourned City Council meeting of September 20, 1974 were approved as submitted. VII . CONSENT CALENDAR A. Written Communications 1. Appeal of Case No. P.P. 1035 - City National Bank Action: Set for Public Hearing on 10/10/74 2. Case No . Tract 4442 - ENVIRONMENTAL DEVELOPMENT CORPORATION for MOUNTAINBACK - Consideration of a revised map for Tract 4442 for the third and final phase of the Mountainback development , with 209 con- dominium units on 33 . 6 acres located west of State Highway 74 and south of the westerly extension of Homestead. Action: Set for Public Hearing on 10/10/74 3. Case No. CUP No. 1357 - ENVIRONMENTAL DEVELOPMENT CORPORATIO14 for MOUNTAINBACK -. Consideration of an amendment of CUP No. 1357 to permit a redesign of the site plan for the third and final phase of the project encompassing 33 . 6 acres located west of State Highway 74 and south of the westerly extension of Homestead Action: Confirmed the action of the Planning Commission 4. Case No. Change of Zone 01-73-PD - GERALD MOSS PROPERTIES - Consideration of final EIR for a proposed project located west of Painters Path and south of the westerly extension of Avenue 44 (W-2 and R-2-5000) Action: Set for Public Hearing on 10/10/74 ACTION: Councilman. Brush moved, Councilman Aston seconded that the Consent Calendar be approved. Motion carried unanimously. VIII. PUBLIC HEARINGS A. Case No. Tract 4489 - MORGAN-MITSUBISHI DEVELOPMENT CO. Request for second extension of time (until September 1975) to file final map on a 248-unit condominium project on 30. 5 acres of land bounded by Avenue 44 on the north, Painters Path on- the west , -Palm Valley Channel on the south, and State Highway 111 to the east. Mayor opened the hearing. Mr. Williams said this request is for a second extension of time approved under the County in March 1972 subject to 15 conditions . Subsequently in August 1973 the County granted a second extension of time. This is the second request for an extension of time to September 1975 . In re- viewing this request the staff felt consideration should be given to the relationship between the developer and the core area plan. Staff recommended approval of the extension of ' time subject to the original 15 conditions and the following additional 7 conditions : 2 • . .• J.Vs. 9.t: _ - •V v _ I'eb ua iy 23, I�'2 to o:!.,2r t_:nn ^ _^•irtt wed of ^a^. :t. i .:-. ..:� r.�._.I �':-.; c. �_ in pz, l :r.:sti1 ::? f:.,r �: :� J.:. _ i� .:s•.. j Yi.:. `v'J i;t:� ._i:::i :1' ;5.: A:"T::1��;�:a]% CC•c'i_d::� T. a Thera no ice Van 2 1/2 r2r%in s_raec:j rroviclel for enc_i unit b. Prior t0 f i.Jl ?::1 .,.1 a2li: 7t:Cld'_:.IIi./, Ls f'].:'C_:1^.i 1, Cali• •� 1-=- 'i'tt or c�..�t::l z cconr; i:all chill be ino ta.22cl al :n;; the entiree bcunda nj of t:a c. Do --ity s's)=ll not Cxzeed t'swat per-milLtec' b a (2 , Ordinance I Y S..ct;�4n 1 .5 ) 8. Strca-; trcac s:,nll be r'.znted a]. n ; all county ro._d :'r:jntnra in accordance with SIzeot lfaC xlr_ntinr, Or,1 _r,2nee ii • 45•T.19. A londccc 2:70, gred_nfr, ' J� 1iS:?tin ac^Z,zry ties, v:lt.::;:y 1;y:;ut, and i rriOL cion r lu:i cY:all be sub::itteu to t_le �D,irector f'o;. errro of rr-o: to i.scuar.ce of a buildin:; Fernit. j ws lan dn. :u-.o. Flan c'_11 a Il'<a. ,,,<er Of full-Ci^.c trCes, as ircic::tc;_- by ele atioa vials cub;:it:t_-3 and imde a rar't of '.-his airroval. A ii'ulni:"um- of .^,.m true] rc;^ Unit, ac m-teller tl':.on t a licieat of the uni%; r-djace 1t thoreto, ci:all te j lcint-cd a:+d rmintni and_ r ^11c shall be no le-as t zna the he-IL;ht C a%r air corl.litior,l._^sg e'3^Li..T=�.�n j+�t.."..C:d on -th roof£, of tt a units. The i '� .t � ):? 9�•.^ n s;... l it �� a ?Y•^ { 7 4 lC�T1 ilI V113._._._�1. p�,Y'.:iZl.r, Aw...�l i ul<.LLf J..ul �:1LC: tI. V_..l�l..�v, I.I.�tI L�__:.i, ��• ;V.., and Z.T.ri d :l )C ^fI +r ,. • r 7y , t�t�0_. .J..v�..... Iti0 fi. :..._ _ at:j'..Ct:_.f:l :.i: C►;:C 'aurn:;� aS3.�Ll 't,.. �i'....s by t',. LU'llinG •GCS this iproj:TCt L';ii•il -1-1he a"o=_z?ntionx:�d ajrro-;cJ -Lanr i and Con3t_r ._'.''.13n sli.-l? 'lave bcenli C�:t`'_@ .off. .carticu1ar e!IThisi: _,. iould ba (rfivell to t:L-- ba+sh inisiu-3 and outs£*.de the realuirk--1 orna-ce-ntal 9. _ .:c ..;�,. <1__.., .: �. ;1;;^aG.'-.:J 6f..71l 1;•3 dLz..:_�;::cd S:? c.3 to XE'a ;i1f fccilitlate CGjlXZ!,:tJ.:l7 ?i:.,!i c C::..:-,x:try tru _. iLnz, Dry ^►G is:'$ al zil . be k:r:'•.:.?llcd if feael-b•_'.3 ac :ir' s ri1n , y a CC l c?la t lc ryCo t ::^ a ;,t ,,:...,_. ; c b Ilc cc l.._ 1_..,t �,,.:.•1�.f t; r _�._^'Lricz O: .CZ—. r C�: _ _ lz: i:i.?'�r'.irC; with V:,,'. a-1 i• ?-.,,, a''cr T' tru:_I:c -� ('J-3Lil Lo �a:l.._ � �:0. w_ �l5�I iC:, 1i--, at _.'1 .:u" 1V:: ':�C .^. d '.�li i.0 iiv .':�5' �rC,^_ n__1. 0. rc:..._s: '�: _C'...? ._.._-1 1;3 -Uz d w1;,:._. 2 i:1=? Z:%::._- Cli «^ C2". 3'=, v ... _..`.F_'_, it, rl-Mll SC`e Z1U3.1 v void of no By is _._cr_: recoi'ts -i.on of t? and G•^,.. .:..^.1 c:G.'.. ';;UC :7_nn o. i13 co7z-a13i. --nt :cat e`->?£'tC:i .:o uz2 tie thi t'Gt'rirt 01' a`ulC:'t t y tD C^. T.?� with_� _ } J tt:..._. L�_ u' ••1.L�... .`:J:. 1.:� <'�. .:..`..�1C..:sj s��1:l7 cif or al.l.�.i VC,,:.�{ ?r vJ V;1 l.�l� tZ,if t' ::?.'`.•, _ 3C1 C _i_- .lon, n Q'adl�:r!J.cai:C; 't' aw .�,�0:1 - ,.C+AN ...._.:a_-ly• ::l usz !, �]ry L-y• i s:-e .� ._ ._.� ATpliccnt`s Siirl.3ture T'Et= Ct?n�:r's Sim Lure Dui • �, 2T 1 c t _ '-�� 3• 2�"l1 C�ct;:v�.G�.'rT+, 'Jl Li2G rr -� elo 1. CG,Iaforn', rp'o-t z..rj •i^.ijy Ll:'riI uhat cs Chjw— JL t, is.J 1.~il i :1 _..: i , _11v:.1: ^i.. i Co Aim z 1T iI we ' 1 _ o. c___ G�ill..a . 1•i .,r 0 11 , C SSiQ'Iy L'12 G::j G�:.1.•.4 iL4 LZ;. .:a.d Jy. t 1J3':; I.F! C J:ZCI:T._G^m C. Prior to Viej.•...`...I:'^.... Oi 1_; i z�. .i, 'iG_tlw C'._3 .�rixL'r1 .rit':'. l:;ii='.v., & Silifii'I_: ::P:Z�^::.. i.+�+ .' r JJiC'C l ~i ^:1::J2"iliac s^.ti3:'. Mit, i-L;� - 4'.i GII211 1?1).i"i. 1;fi:l B 81:_ ti at J.l-i ..dt1Zn; .lt,! for not i-=_C' t::c.a. four !J A 4d V.A�Uu t.c a.c.;j {►.` .'! :rOr irGClL'S S T:Y for to muci1 Yt.'l Ut3 i,l:i�i and Qrly of per ., te.—itat-Iva cubdivieio:; r�i- ims been erg-roved by the F2--,- dA-i-- MEMORANDUM September 23, 1.974: To : Honorable Mayor. ird Mombers of the City Council From: Harvey L. Huriburt , City Manager Re: REQUEST FOR. AN EXTENSION OF TIME TRACT NO. 4489 A request for a second extension of time for Tract No. 4489, "Eagle Development" , is schedule('. for public hearing on Septem- ber 26 , 1974. The purpose of this memo is to establish additional recommended conditions to be attached to this requested extension. When this matter was originally approved by the Board of Super- visors, on ''..arch 21 , 1972, the attached 15 conditions were applied t", th:, t ^'pruval . Ctfl),;equc.�nt to that ap])r.oval , the County Planning Cor-lmi: =.ion granted an extension of time for the tentative map to September 21 , 1974. This extension of time was granted August 9, 19 i;,. In March, 1974 , the owners of this property requested an extension of this tract to the City and I responded with a letter indicating that all existing subdivisions Isere null and void in the City unless subst.anti.al construction was started. It was my understanding at that time that a new tentative tract would be processed through the City. Subsequent to that time it ,�,as found that: the first unit of Tract No. 4489 had been recorded on November 2 , 1973 and grading had been completed on the site and utilities had been extended into the tract . Based upon this substantial construction, it was deemed by the City Attorney that the subdivision was not null and void and a time extension on the remainder of the tract could be considered by the C V of Balm Desert . :'_-i,l acilr U is a copy of t..e -recorded unit of this subdivision. On August 1"' , the Director o:= Environ- mental Services received a letter requesting an extension of this tract for an additional one-year period. Under the provisions of the State J'1ap Act , i-O,en a consideration of a time extension one a tentative map occurs, the Council may con- sider additional conditions to be attached to the approval of the time extension. On that basis , I would recommend approval of the extension: of time for an additional one-,year period to September 12, 1975 for recordation of the final map on this project subject to the original conditions of approval and the following additional conditions . Justification for this approval would be conformance of the map to the existing zoning of R-2-5000 and conformance of the tentative map to the adopted General Plan and to all require- ments of the Subdivision Ordinance of the City. Recently, the Director of Environmental Services met with the representatives of the owners of this property to discuss thu ex- tension of this tentative map. The main concern of this discussion was the conformance of this tentative map to the recently adopted Mayor and City Council; -2- rhor 23 , 1914 1' I T 11 C t 4 addition Lo recordin,,' thj h pase o."'L t h i-s tract , had ;,..i:�o i.n stalled all required improvements on the adjacent public streets, completely graded and established pads for the proposed units on the total property, and have installed all utility lines within aL -upon these improvements, the applicants the total project. Based k' are of the opinion the existing Conditional Use Permit on this property has been made permanent . However, due to market condi- tions , the applicant feels that the project as approved, does not appear feasible and is tlierefOre, proposing at some later date to revise the total development . Since the applicant has installed substantial impro�ements, they feel that they must request the ex- tension of the tentative map at this time to guarantee the monies - that have been spent hereto, on this project . The City Staff is of the opinion that the developer has a valid point and should not , unless the applicant proposes, be required to totally revise their project . However, with regards to the Core Area Plan , the applicant should be required to provide for the installation of the indicated bi- cycle/landscape buffer along Highway -1-11. The applicant appears to be willing to do this at his own expense. . Therefore , the recom- mended additional conditions of approval do specify the installa- tion of the bicycle path and landscape buffer along Highway 111 as a part of any subsequent phase. HLH/kcw attach. cc : R. Gibson, Dunn & Crutcher 550 Newport Center Drive Newport Beach, California 92660 ADDITIONAL CONDITIONS OF APPROVAL 'I'i'S,cT �:n. 1,,4.89 16. The devel opoz- : h,, 1 1 ent,�r into a future a. re(-�ment with the City of. Palm .I)c ;e;r1 to pray for 1 /4 o f th-e c:c, t of �n-- stallation of a traffic signal system at the intersection of Highway 111 and 44th. Avenue. Said agreement shall be written i.n' a manner acceptable to the City Attorney. Said agreement shall be filed and accel)ted w.1-1k h Liie to the record_4tio_, e az.y subsequent units of this tract . 17. In a manner acceptable to the City Traffic Engineer and as a part of the public improvements of any subsequent phase, the developer shall install standard stop signs at all in- tersections of the ,private driveways with public streets. 18 . in a minner to the City Road Department , all driveway intersections with public streets shall be perpen- dicular to the public streets and adequate line-of-site shall be established at all intersections. 19. In a manner acceptable to the County Road Department and as a part of any subsequent unit , the required public improve- ments shall include a temporary cul-de-sac to be installed at the easterly terminus of Painters Path. 20. 'As a part of the development of any subsequent phase of this tentative map , the developer shall provide plans and construct a bicycle path and landscape buffer including, mounding as ap- proved by the Architectural Review Board within the unused right-of-way and the area between the northerly property line of the subject property and the street shown as street "c" on the tentative map for the full frontage of the subject property on Highway 111 . Said bicycle path and landscape buffer shall also be extended along the Highway 111 frontage including the unused right-of-way for depth of 20 feet in the preposecT vehic� : ::;;c area located at the northeast cor- ner of the subject property. In no event shall the required bicycle path and landscape buffer be a minimum of 22 feet in depth. The plans for the proposed system (bicycle path/ landscape buffer) shall be submitted as a part of the plans for the first building permit application on the subject prop- erty. 21. An easement in the form acceptable to the City Attorney shall be granted to the City as a part of any subsequent phase of this tentative map for the public use of the required bicycle path described in Condition No. 20, when said path is located on any portion of the subject property . 22. The applicant and/or any subsequent Home Owners Association shall be responsible for the maintenance of the bicycle path and landscape buffer to be installed along Highway 111. CITY OF PALM DESERT STAFF REPORT TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL REPORT ON: REQUEST FOR DETERMINATION OF WHETHER THE APPLICANT HAS SUFFICIENT VESTED RIGHTS TO CONTINUE AS AN ON-GOING PROJECT. APPLICANT: MORGAN MITSIBISHI DEVELOPMENT COMPANY BY: EAGLE DEVELOPMENT CASE NO. 81 MF I. REQUEST: The Planning Commission has referred a request for Design Review approval of ' final construction plans for a 74-unit condominium project to the City Council for a determination as to whether the applicant has sufficient vested rights to construct regardless of the fact that the existing zoning does not allow residential development. The property is located at the northwest corner of the intersection of Avenue 44 and Highway 111 . The total property contains approximately 29.3 acres and the first phase contains approximately 10.889 acres. II. STAFF RECOMMENDATION: By Resolution No. 77-98, assume jurisdiction over Case No. 81 MF and determine that a vested right to development does not exist due to the lack of substan- tial construction, and reject the application for Design Review known as Case No. 81 MF due to non-compliance of the proposed use to the requirements of the zone in which it is located. Justification is based upon: 1 . The review of conditional use permit deals with the physical development of the property which is reflected by plans which describe buildings in terms of design and relation and other physical modifications such as driveways, landscaping and recreational amenities. Those items related to the subdivision process are considered ancillary at the CUP stage of the review process. The applicant has pursued the subdivision portion of the subject development but not the conditional use permit portion, with one exception which is grading of the pads for the units in the first phase of development. Staff does not believe that grading of the pads is sufficient substantial construction to justify ignoring the existing zoning on the property. 2. The original conditions of approval by the County, in their action on CUP-1371 , particularly Condition No. 10, makes a clear distinction between the subdivision process and substantial construction. The pro- ject reviewed was a planned residential development which, by definition, is the development of physical facilities in which people may reside. No such facilities have been developed on the subject property within the time constraints applied by the original approval . 3. The precise writing of Condition No. 10 of the original approval would further imply that building permits would have to be issued and physical construction underway within the 3-1/2 year period. Since this never occured, the vested right .in the project is null . and void and of no effect. 4. Because of the expiration of CUP-1371 , the provisions of Section 25,5-3 of the City's Zoning Ordinance cannot be met. III. PROPOSED RESOLUTION (Page 2 of this report) -1- RESOLUTION NO. 77-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ASSUMING AUTHORITY OVER CASE NO. 81MF, ANNOUNCING ITS FINDINGS AND REJECTING THE REQUEST BY EAGLE DEVELOPMENT COMPANY FOR APPROVAL OF FINAL CONSTRUCTION DRAWINGS FOR A PLANNED RESIDENTIAL DEVELOPMENT. WHEREAS, the City Council of the City of Palm Desert, California, has assumed authority, at the request of the Planning Commission, over Case No. 81MF, EAGLE DEVELOPMENT COMPANY, Applicant, at the request of the Design Review Board, pursuant to Sec. 25.39-2.15 of the Palm Desert Zoning Ordinance; and, WHEREAS, pursuant to Sec. 25.39-2.05 of the Palm Desert Zoning Ordinance, r the Design Review Board or any body assuming the authority of the Board must make a mandatory finding that the proposed use must conform to all the requirements of the zone in which it is located and all other applicable requirements before approv- ing any project; and, WHEREAS, the City Council cannot make the mandatory finding required in Sec. 25.39-2.05 of the Palm Desert Zoning Ordinance in the case of EAGLE DEVELOPMENT COMPANY'S proposal to construct the first phase of a 248-unit planned residential development within the P.C. (4) , S.P. (Planned Commercial Resort, Scenic Preserva- tion Overlay District) ; and, WHEREAS, after hearing all the testimony regarding this matter did find the following facts to exist to deny the request by EAGLE DEVELOPMENT COMPANY: 1 . The proposed use is not in conformance with all the requirements the P.C. (4) , S.P. (Planned Commercial Resort, Scenic Preserva- tion Overlay District) zone in which it is to be located. 2. No vested right exists for the project due to the lack of substantial construction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. The proposed request is hereby rejected for cause. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council , held this day of 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: i i EDWARD D. MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA B. Discussion of Issues (Continued) : 2. Alternatives a) If the Council determines that substantial construction was secured prior to 09/21/75, the applicant then has a vested right and may simply apply for building permits. b) If the Council determines that substantial construction has not occured, then no vested rights exist. The applicant has the option to apply for a General Plan Amendment and a rezoning to residential to permit a modified condominium project in compliance with all City requirements , or develop a commercial complex under the existing zoning. 3. Additional Information The final decision on this issue requires a great deal of analysis of the legal ramifications which the City Administrative Staff should not give. Therefore, the City Attorney has been reviewing this matter and will be prepared to give his analysis at the meeting of September 8, 1977. V. ATTACHMENTS 1 . Application for Use Certificate Received August 30, 1977. 2. County of Riverside Conditional Use Permit No. 1371 Dated February 23, 1972. 3. Riverside County Planning Commission Letter Dated March 9, 1972. -4- APPLICATION FOR USE CERTIFICATE - . To: Zoning Administrator 1977 City of Palm Desert 45-275 Prickly Pear Lane �MVI(AojWLNIAL SERVICES Palm Desert, CA 92260 0I7y OF PALM DESERT Re: Use Certificate - Tract 4489-1 Dear Sir: Eagle Development Company hereby makes application for a Use Certificate under Section 25. 42-2 of the Zoning Ordinance of the City of Palm Desert. Tract 4489-1 is located southwesterly of Highway 111, northeasterly of Painter' s Path and easterly of Avenue 44. The proposed use is a planned residential development in accordance with Conditional Use Permit No. 1371 and Variance No. 1171 granted by the County of Riverside. Plans for this project were submitted to the Design Review Board with an application filed July 6, 1977. The proposed use of the project is in conformity with the Zoning Ordinance of the City of Palm Desert for the following reasons. Section 25. 5-3 provides : "Notwithstanding the provisions of this Article or any other provisions of this Ordinance, no new or addi- tional variance, conditional use permit or license shall be required for any land use heretofore authorized by the City of Palm Desert or the County of Riverside by a variance, conditional use permit, building permit, license, or tentative or final tract map, provided there has been substantial reliance upon the above mentioned governmental entitlement, and provided further that conditions thereof are complied with and that substantial construction has begun on a portion of the project. " In March of 1972 the County of Riverside issued Conditional Use Permit No. 1371 and Variance No. 1171 and approved all of Tract. 4489, a Final Tract Map encompassing Tract 4489-1 having been filed in November of 1973. Since the issuance of the Conditional Use Permit, Variance and approval of Tentative and Final Tract Maps there has been substantial reliance on those government entitlements and substantial construction has begun on a portion of the project. r Zoning Administrator Page Two ' In September of 1974 and again in September of 1975 the City Council of the City of Palm Desert made findings to this effect and found that the Conditional Use Permit and Variance referred to were valid and in effect. All of the conditions to the Conditional Use Permit, Variance and Tract Map for Tract 4489-1 have been complied with and the proposed project as delineated on the plan submitted to the Design Review Board is identical to the one in the plans approved in connection with the grant of the Conditional Use Permit and Variance in all material respects. Accordingly, the proposed project conforms with the Zoning Ordinance of the City of Palm Desert by virtue of Section 25. 5-3 and the applicant requests that the Use Certificate be issued as required by Section 25. 42-2. Respectfully submitted, EAGLE DEVELOPMENT Q.MPANY C(j uvc"Y-..v) iu.z ci, G il riebruary 23, 1972 "Cho Of the prorert" chill conform tubLtnnUall, tJJ i.11 that as chmin oil Plo'k-, to fA_Lo wit"I CO-ji%jojjcl U ;c Case No. 1371 in o:Cj,_cc of the Riverside CO11n'CY P1-:1nni11 G Co, mission, unlGooOthr, jj-Q 0,110:1cicd by. tee foLLowina cundi.Aonc: 2. prj.or to the of a bu41d 1�in-, per--aitu i'or any condovninium ctMIC* 12 1 , a 'id �'Z'11 "A jadivisioij cliu reco 'El ll be 'ded r_C__%Dr)jdn j, not morc t1ion "B" alla cir. ;:,wised 2-22-'f2' c_-,xO-L-t t1lat buildinr,,- p0n-�! W iour iZY '- jzzucd for -,,Odc1c 7.r3.or To iuuvi-L recuwdictAWL alid only ufter o cubdivis-101-1 m..33) hnL bccjj arprcvcd by the CowxLisslon- 3. D vi,.Acw. 11 C, 1:; 01:1.n 37 4. 7, 1. M. nn Cr,;.-,.wa".:v-. the in .,:c '-ni:: n1.61 ch 7; y Yk. 1C CO4;m i1Gi.;11, UOM CNIZ U0. 1371 En-le J:wclopy:=t Co. & J• T. Gil.1.f!:;)i•e , February 23, 1>T2 Page -2-- lien shmll nr„ to eul;ordin.jtc to ,.ny encu:n'urance otht:r than P. Firit );..ccl. of Trust; 1 rovic;ed Cuch Dccu' of I,_-uo: is n•.ac'_e in good faith and for value zand is oa record Irior to "tile lie of ;:110 cllava�':::ucilt coudl:Wdy- T. social Corcl:i Lions: R a. There shah be no :fens t1:an 2 14/2 j:arlLina space::-- Provid0d for eac11 unit b. Prior to 'i,+01 in:,-occ-3. 0;1 cnd occlrpwacy oin�c_.e11tal II:a onrfA%•,all chop_l ac installed• aJ_:,nG t,11L entire botmdary Q;t tho project, c. Denci•ty shall not cxcced ncrjni';.te:d by cction 13.5(2), Ordi.;;arwO No. 343. 8. StrC::4 'tTc!co si!--Ill lh: PJOTl'cCi P�::i1�; 011 collnty 1'C;^d :i."3'JiT'i1e;:: ill accorU.,,nt:c vittl 016reat 1rc,c lztni::ir1'.,I Orr y,,,mcc 'AI ... 2�5 •�.�• tf l:]T:C1LCC+f`lil�, (i:.t'1(1j;1;�, UiE;ati.nr, r1I!lonitics, 1;2ci : 3"i(f_=tiorl ;71111 :I;c1J:L t.c r�lzb:,:i ttcd to ti2'a Plai�E hij, Director :i0;' ;11.^ rovaj. :?riot• t0 ]f:uU33�CC Oi fl 1i11t.�_Cl�%1!; 'jrh-a Jzndaca;:e I.-Iri 1 ol-oll i�lC:_3Ci'`. u .,;ll'JG'va:itZal IIuailJor of full-c .::.c 'tTccu, Ct^ indicc:"Led! by '41-1 ^ e-I.O..'d,?.'1:].00T vl.L'::lfs' rwiw.i_t`.'+`Cd 1i1d 1,1,ado, a yart, of t1lif, tlj'jxovo,_L, vainililutll of ona t:roc :1'c ui2it, ?2L O"OU.lci' thzrt the licio"a Of the Vaik. �;Cl,j':cc;3t: ti,,ex-ct.o, Cili3l! lac Tla;2tcd J id iz:intnL;-:,d• i' I*I:Irc'u :;r.11r chall 'ci^ no 1coli than the hei&t; of any air cor.'UU—i^M-:l.ng, j,1--c0d On the roofC of 'i;:li: Unitu- 11-he bu3..!c3iii rc:rLiit wh3 n .il:_..1.1 i ncludc tac ir:adiwr, and it ri.pti.oii S?yCi,c:AC. NO I:.:.1.�1 incr ecti on or o,Cmrpan(cy fit:'il1 ba ;ivr,rx 011 Lll:' Duildin,; 1Dc-oaf'tn-miL to this 71x'Jj::ct t!iatil 'l.110 ai'o::.�i ?:l:iC)ilad aj:r roved i 1111^ and conGtruc:t:Lon Ehr11 11ave be n coy.,_'.ci,cct. ax•ticl:.lcl;c c:l+r? h.ts{.s r Alou?d be ' '' ^ `' "in- both i31:iidc and outuid4 u11C: rcUtl:lro' i Liven to trl� j.••r�.n. .cr 7,] _:1� . kJ 1mr,orlrJ wall. 9. _ ,,.,w:..,,... :; L-ie u r to readily fcc-i i J.tci c.c `! le GLiJc:r::,,�. cls_7oaa1. ,,,} (.,.�1 st:aJl 1;:: d::.�:t.0 c.d o o, -' n 9 f CCfllll.�::tt.il with cT t:Jc ir:Llel?."t:y 't:lliii: �f.i:C.. D-,,-1 .3G. ,�;':1 :7i2:13.3. u� ?.i1.i' . 11 t_ 1.. t^ J.({� f;; '+ + 'a t;f 11,'}..1 }'' + Lv� i.�t,�l� •w'f 7.I;1 :1{R 5!�'j'�•1'.]''.% %p Cts :1 a�.i,llo Llli d i[11111i C1 l,.�f 4} �y - r5.4v'• .� tf coder^: c1m.11 Le i;Cnn,-::ctcd 17'! Co. :°Tier Dioj;rie4 trunI: 14-ne at fi0il'i-:li:(:y nven-Lic and 1,•1iJ.'GGiiR?.-;::a C.�!/<^..;"1cicl. 10. `Ai12£; cljif;l'OV:]� CiLa11 be uCcd it:1---Tl 3 1/2 scar-s VSICer :f'Yva bo:coic till: Bonrd of ui'aery ccx.c, oti? �,1'.^c, it zh-1.l born= null and void ci2d Uf no effect oiila tsocve•r +,• liy c:::c' it :::.'ant a'acordL.ti.Cll UA n c1lb6ivisJ.o31 cl:..d substantial coredzx`cion of the davelormi nt .:Ontcr,:- platcd. acccl)t vind C!"::',ec, ju:iO:' ::o 1;.cc of 'i,Cl+;.i t'erwit or r+;i�orO,�1l, t0 COi ii1�/ 1•!?.'U11 all o the uca:�clit..onN c;cL 1oxth a?wl u,..:;c:rctznd -Lll,)t Lha office of ,lli.ld:in„ cl' d Cofo.ty will. noi, 1.i,tl tl ;l;i.lt�:i.l:(; �%rl:l l:`L, o:i +11.lCf:i OCCtIl'9}1L'y Oil 'f;i1C LIrc »crini:i,tcd u,'1'i;il. +.ili.0 :J9.C7-cd co—, 'ln ctlaaru�l3.(F�te, llac U;:cn .:,eccivcd by tho P1L:rmi:7, C-' -r-lirSi M1- Date �`,J 121icttilt'l� 53LY Date Ct1..R'i': •`".�i'matture- I R ' Y M� f .. i t � 1 1. Tract No. 4489 Board of Supervisors -2- The subdivider is further advised that road improvement standards have been adopted by the County. These stand:xds are on file in the cffice of the Co=lcsion, the Surveyor, and with various engineers and contractors through- out the County. Before entering into any contract or perfor-odng any work, the subdivider should review the current standards. The subdivider is further advised that no improvement work will be approved except as it is executed according to specific plans and filed with and approved by the Road Corr'dssioner prior to the commencement of any work. Very truly yours, RIMSIDE CMITV,"X PLPOU�'G COMMISSION Wm. R. LiviT,"rlto;t .. Pia.nirg Director KRL:es cc: Supervisor McCandles Subdivider EaZle Development Co. Engineer Jennings-Haldermar.-Hood St. Div. of Forestry St. Div. of Peal Estate P. Stout (2) Riv. Co. Hea'!th Dept, Riv. Co. Bldg. Dept. Riv. Co. Land Use Div. (3) Title Co. Flood Control C.V.C.W.D. Clerk of the Board Board Agenda Copy File Copy Desert Office l � '. r.'� PLANNING COMMISSION . A ELF E M. KATZENSTE!!d, 17:einaan, RuMdeus Ex•0(F:elo .'�: :_ � +, __�•s•� . i A1AUR.IrE A. FF.RF.Y,V;zs.•Cftm.,►Israst A.C.KEiTH,County Swysyer%w! RIVE17Sl1I JESS E. LILLiBRIDGE,Caron% RoadCWMi,t,ioagr { KAY H.OLESEN, Palm Does" FRANK C. SEELEY, County Assessor T.MILFORD HARRISON, Rivetslds RAY T.SULLIVAN.JR., County Counsel 5 HORACE MILLER, Blythe RORERT T.n'DO'.'trl.L,Hsr.o HAZEL 1. EVENSCN, Sseret%ry wpp.- 18207 WM. R. 'LIVINGSTONE PLANNING DIRECTOR 4090 LEMON STREET, ROOM 101. RIVERSIDE, CALIFORNIA 92501 T ftLCPN 9NF± 17/0 T&UgualEMU March 9, .1972 00 MAR 13 1972 Board of Supervisors RIVERSIDE COUNTY County of Riverside PLANNING COMMISS10N Court House DESERT OFFICE Riverside, California SUBJECT: Tract No. 4489 SUBDIVIDER: Eagle Development Co. SCHLII.SLE: "A" SUPEPVISOR.%AL DISTRICT: Fourth BOARD OF SUPE TSOR'S AGENDA DATE: 3-14-72 Gentlemen: The above-listed slabdivision, subject to the attached conditions, was recois>tnended for approval by the Planning Commission at its regular meeting of March 8 1972 L",cl.osed is the tentative map, the proposed conditions and copies of the Health Department and Flood Control District letters on the subject matter. This clatter must be set for public hearing at 10:00 A.M. on the Board's agenda of March 21, 1972 , at which time the Board must approve, conditionally approve or disapprove the tentative: map, unless the time limit is extended by mutual consent of the subdivider and the Board. The Subdivision Map Act provides that approval of a tentative map shall terminate 18 months after the date of approval by the Board of Supervisors unless an extension of time is subsequently granted by the Board. If the subdivider is unable to record a final map within the 18 month period, he may file a request with the Clerk of the Board of Supervisors for a one year extension at least 20 days prior to the lsst Board meeting prior to the expiration date. If he is unal►le to record a final trap within the one year extension, he may request a eccond extension of titre by fallowing this same procedure. The subdivider is advised by copy of this letter, that the transfer of ownership of any tentative map or portion thereof or the creation of an easement on any area contained vithin the boundaries of a tentative map as approved by the Board of Supervisors is a violation of Section 11538 through 11540 of the Business and Professions Code, End is subject to the penalties contained therein. Such transfer or creation of an easement will be considered a breach of the conditions attached to the filing of a final map of any of the area contained within the tentative map. 06djjx-klojs3 APPROM BY PGA COSUSSIM TRACT wo. 4469 H=h 8, 1972 10 A3.1 imp-TOVeMn-ts sheal COPZorm With CE"MtY SadiVisir-M SUVIdarda Sal,"dula "A" Un3gas modified by the-s& conflitious. 2. a. All Stmg� i=-MVeme-Ats ahmU be d'a-sioled Md M. natr-ueted in Hi'vwaide Cc-,m%y RuwA Irmp:m"Vemmat b. Othoior strtot mid requireimats aball be as. follomB.. 1. Paintem Path Shall' be imormted %4-1th Witch-= t%on- *ret,* Va-,rj.-,,g Evict M� ac;mim curb an&'gmtter located 32 fecit fma the con'terlina vithin a 44 root half width ftaceted r1ght of wky. 2. Accea3- to let.* r-long Stehq Eigh,,rky 1111 be reatricted abd ao mted on the. fifes gip. 3. 44th Mot mm olmll be bsproved v4th e.&,*a-njt at;zerets pwving and conaml.,;e curb and gumter %ocat(,.,,d ?,2 feet the *aaZm-rLitr,% within a 69 foot dedicev--Ad right of way as a0proved by the Rce-d- Ccm-do4ianer. "me asnitorUme of 1-:41th Avve. ebxALL be locatW. 15 feoet eouth of nor�h boundary of Section 19. . 4. Stew jiigh%W 3,n r,,,,,All aa 1.qyj"�,,72,a 171th con""rete curb and guttmr localted 43 feat frcm, emterline v-1th imateh-up pwing within a 55 fcot hAf vidth dqaca�d right of wear. 3- If the subdiviemr does- eAy lot �_q4jng he ghall rubaAit me mprodwible brova:Lna &nd fow Prints of a cv--jwehe=iv-- grad-Ing pl= to the Rimrsido County Suvmyor"s Of-vice. Prints of t1he 'pnadim- pi he rjurveyo Ps Office ---a v,'11 sjjbseqavzAtj49, b*-n trallsmicted -fron t r to the Flood ftatrol District &xd DLT4,%v-tQ*nt- Of Building and Safety for mview and 8"M-Fa Qnd Shall be in 00MIUume with the Uniform Building Code, ChAyjter 70, awndmd by Ordinance 457. 4. The aubdivi&r shall mfkmit for &Vpz--vp-j a soils rmp-mll, for stability and goologic.a study to MIS R-awrZida Coo- ty &x-i-vey-or's Office,, prior to recordation of t1A finial pup., Imlese walv&d by tbe Director of Building and Safety, 5. At the tim of first ft7jxg of the fines r.=, for ehmeklng in the offie* of vw Cownty Surve.,--or, the m-abdi-Ader Shall make aliplication for chaft-e of soma to --or form with tha pmr---eed luad nwa wA lot size. rt�e epVrvraj1. of the tentative mq-,T &QB not include Mroval of a ahan7,a of zone,, or tkply tha vVVrwoa of auy pe-9weed chnnge of zone shmi on the ten'bative mo. 6. Street mmes for the rxoposad subdivision shall be ambj4mt to approval by th* County Road Ctsmianioner. T-k Wat-Ar and domatic she diGposal for indiviftal lots sb&U be izwtallad in &*Qord&w:* with the provit3lorg "t foj:-th in thq pivwr,side County HegjLth Departm=t latter d%tAA- Jamaw-f 3. 19T2, a copy of which Is enclosed. C ( J Page -2- 8. Prior to recordatsor2 of the Mr-al Subdivision map ti7.'? _ a llcant sty. s�rait, to Comission the foilloving docnwqf* ",s qf: h s,-j-31 dQ�..�m-trev;t to 7�i:he salci�sf€ ction of the CG_a fission that tiw to-Wl— �i`ro' eat �d ll be cli elad -nd c,?-i ne d in aaeordance -i th the intent, and -Tas9z of th2 & `-Ta do,ra nt to c:mwey tit! . b. Covan&nts rand restrictions to bs record--d. e. Hanagemnt and caint-env=ta egremnent to be coat:emd jlmto with the oumrs of the Units of the pro eat. The approved deca nt3 stae g. be es the lama tins that the subdivision Is xored. 9. A mmagament ecopany tir�th t.a rFght tic) aassesa ths cx+2a-ams of tray indiAduej units for r*&mva&h2j9 r ?nt,7—"n x oasts end continmus',14,- ='Int-ained. The r4kmgem=t owipmy s'ate'l lnw 4 the right to 11"On trwe nits of the cwaiw3 who rtf It in the paymwt of their azzaamme ts. Such Mien ah5ill not be mibv--di tnate to emy encumbrmee other tj e ftrat teed of tsumt ymmrided -amca dead of trust is v--aeio in good faith end for vabz-a mid- is of zword prior to the loan of t1v mmnetmnt copy. 20. !wide eae is for facilities wad irUUtiea acid delicate on the fi If Within tr;'-t boundary. 11. In regard to flood armt_ol prateetrlm,, tho mqui ea is as out?Lased in ttm CoaabQ I..a Valley County ester W strict let`mr dated Dscember 29, 1971 shall apply. 12. Ths subd3vi&r shall provide Schedule "A"' fire pmtoatioa. The California Divisim Of Forestry snail, rwiev and apporne the water plan kvp r-s3ative to locativnj, settin:-5s sWi ng and imtallation of firm hydrz ats ;wior to rft�orr,atlon of the final st*disri-gfon 13. A *tn2id variwee sba-!A b* in off eet at tiw of meordgtion of the final tea. 14. A vvalLd condi.tlon ., vws a"a sUall bo In sffadt at tha `i,,w of'reco ition of thefiml MOO 1S. An aMlleation ell be pmcasood through 79A.F.C. for a nw Comty Serylea Area or for awlw-mticn .to an S`a' ng wide arev: if strap$ lighting is requirad. r Planning C-Mmiss$ion -2- January 3, 1972 Zract 4439 This Department will pesmit domestic sewage dispoaal from the individual lots in this AubdiviaiOn ?s par a percOl.atiasn report aubmitted by Cecatlac nical Consult t€a, Inc, as follows; For each 100 gallons of aepl is task capacity, 20 ark. it. of betty-M area of leaching g line only. The aboure soil worm- tien. LSD an indication of ttim 'type of sewaf,,a diapos al syGten based epan ground elevation: at the t1me tite tests were conWuctad. Any gradiag, Compaction, cutting, etc. could materially chime the above rues, therefore, if arty ga&di*abs wmpaction, cutting, etc. is close, additional swags disposal information will be required. Ths Bite of the. ,peptic tank s;aad effluent disposk.�1 area shall be detera ned, based upon the ocupancy of each individual lot. there s3Imll be an u-noccupied area oa eacu lot where sewage dispoval, as required above, may be installed in conf'o-:mrsnea with tie currant iinifmrra Plumbing Cade. There t lI be an additioral Unoccupied area equal, to 50% of tlae above-roquired sewage di.aposal systama for sewage djapoaal Lustal,lation in case of failnse. Fibimver, savage silsposal s>lystems are Conaideared temporary =d if saeu-aga I'Desa of a s;t-wer district become availabl a, con aectioa to the system alwu ld bz made at that time. It is our understanding that tite sewage disposal systea far loth within- this cub-• cliviGion will be Installed in the comon !areas. An acceptable covenant hwiring to do wide this zaizatenance and opar ation of s0vage disposasl. Justal.l.a.tis;ns and reare- agional. facilities zsact be filed wick this Department--. He will accept tiais cove=nt an a tentative agreez-ant and it wai.X..l. be necess.ary to record all coven'nts or aga;eement.3, etc., Involving tue recreational. and Sanitation facilities with thy: recQrder, G0UUty of Ui eXside, and as copy of file recorded sagr'eem� nt filed with this 3apsartsment concurrent ly with the retarding of the final MP of this sub-- ,Very truly yours, p.AktOLD I.I. X-alCti+14%, aQD.,.'s..la.li. Director of Public Hpalth 7 7 J. PaulB-a-gq-ay, 11-S., Asslb. DirectorT�jp Env{a:CtL�T r,;-.ntal : , :�`th JPB:t.-I'D cat Water Quality C;oiatral, Board January 3, 1972 kiverside County Pia=ing Commission 4080 Le2ava Street hiv-arsWa' cal.lfo=la llttasntlon: wiui=- E. fteavvtck, Associate Planner rg: TACT NO. "89 (Pl.satmed Lait Development); Ti:at caztain property a?-ao=gin on Record of Survey filed in ',Pj 41d51., aloo Parcel. 2, Iecord of Survey, Book 41., Page 49, Records of iverei.cle County, taa ifornia; 292 Lots. Geutle=en: Lie iiep rtmaat of Pel:Uic ::ealth kas reviewed lentative Aap lio. 4463 and recotamend, t rep t s A water syst:z ahaU be installed according to playas and specifi- cations as arp'soved by the water company and the iealth .1epa.rtm-ant. Permanene prints of the plans Of the vrater syztera slaall be sa-Mitted in triplicate, trith a nitt.em= tsca a not Iris than one inch equals 200 meet, mlon„ wit;t flee crigisal drawing, to the County Suin eyor. Elie pronta shall Show the iinter:nal pipe diameter, location. of valves and fire hydrants pipe and joust spealficatioara and the size of toe main at tine Junction of the net~ system to tine existing sy4ter,,,. Tile plaIM sl;awU canPly in all resl)eets with 6iv. 5, Part 1, Chapter 7 of tine Calif*rnia licalti; awl Safety Code, Water*u-irks Standards (A.W.W.A.) and General. Orele r :io. 103 of toe Public balitles Commission of t!te State of California, wiien appItcable. The pla ups shall be signed by a registexed eztUi.neer and kaMer company wi.t=t t1te JE'o lowing r erti.fies-tion< "I caa:ti.fy tLkat the design of the tmL'er systmt in Tact v4o. 4489 is in accalyda ace vith "e water system expansion plans of the Coachella Valley County t?ater uistrict and t-atat the water source, storage, and distri.butione systems are adaquate to ccnnapl,y with i.iveraide County Orelinanep- i40. 4W.' This certification sitall be siv-ned by a re- sponsible Official of toe water company. 'iite plans must be submitted to the Cotmty Surveyor's Office to review at least two weeks paaor to the request for tits recordation of tite final rat;. ^sibs ,jepartment line a aLa-%:.e=mt fra in the Coachella Valley County t:ater District agreeing to gereve domestic crater to each and every lot In the satibdivislon on deed pr©vidiag satisfactory flxsancial arrangements are completed with -the subdivider. It will be tzecescary for the financial, arra:agements to be made prior to tic recor- dation of the final map. i!Gi.�sti h '1J 1 '� '�� � 0�%9a^3 � �'71fG��'b►"af� 0 1� 141 $1SfajCn� CO C IELLM VALLEY C UNM WATER DISTRICT r< em e .ate err &MAIL aCU s ZWn rMwn FI IQ: Riverslemunty Planning . &OW Levee Street Riversidoo California 92501 At tn; VI I 1 iota P. Paadav i ch Re: Storprater Condi t lar:s &e:ntln: The above tract tics On tiles Desd 1 nd i an Canyon and Otep Cwn}on debr i s cone. This are& Is protected frw starrms,ater f1cws by a system of channtls and dikes built and maintiined by this District. This tract may bO considered safe from stonnaater flows except In rare lostances. nva Interfor drainage shalt conform to the provaslosas Indicated in "C& prahensive Plan for Surfer Water Drainage for Pala Desert" approved by thQ 00ard of Supervlours In I. . The Coachella Valley County 'Vat:"-r District is able and willing to furnish ftms'tic water and sanitetion service to smid tract In accordance with . Me currently prevsilirg Regulations of this District. Wei have Plans to extend a water t 9 ns *long the north sift of this property an4 will require an e*ser ent for this purpose. Vlary truly yours Lowe 1 p. Meeks General Hanagesr-Chief En Ine"or SC sly¢ �' ►�„ i 972 ' I,V. BACKGROUND A. History of Project DATE CASE ACTION MAJOR AFFECTS 03/21/72 CUP-1371 County Bd. of Supv. Approved a CUP for 248-unit condo- minium subject to ten conditions 03/21/72 Tract County Bd. of Supv. Approved Tract Map for project sub- 4489 ject to 15 conditions. 08/09/72 Tract County Ping. Comm. Extended the Tentative Tract to 4489 09/21/74 11/02/73 Tract Applicant First unit of tract recorded 4489-1 12/13/73 Ord. City Council Adopted interim zoning map desig- No. 14 nating property in question R-2-5000 09/26/74 Tract City Council Granted Tentative Tract a one-year 4489 extension to 09/12/75 09/11/75 Tract City Council Approved Final Tract Map 4489 09/21/75 CUP-1371 ------------ CUP expired due to non-compliance to original approval . 12/11/75 Zoning City Council Requires substantial construction. Ord. 02/12/76 City City Council Designated property as P.C. (4) , S.P. Zoning Map O U N Ty ESTABLISHED IN 1918 AS A PUBLIC ;Cy 14 DISTRIC" POST OFFICE BOX 1058 COACHELLA, CALIFORNIA 92236 E(;cFw IV12D DIRECTORS ICERS LEON KENNEDY, PRESIDENT LOWELL O, R ]L ;1-G1I EF ENGINEER RAYMOND R. RUMMONDS,VICE-PRESIDENT OLE J, NORDLAND,SECaETARY G EORGE H. LEACH September 1 1 , 1975V]! LTE AUDITOR C. J. FROST � OhNATTORNEYS WILLIA,M B, GARDNER State of California File No. 0421 . 1 and Division of Real Estate 0721 . 1 107 South Broadway, Room 8003 Los Angeles, California 90012 Re: Domestic Water and/or Sanitation Service For area described as Tract 4489 Located in Sec, 19 , T 5 S, Rom, S.B.B.&M. The information contained in the paragraph(s) checked below is/are applicable to the above described area. X 1 . The Coachella Valley County Water District, in accordance with the District's currently prevailing regulations will furnish these services to this area: !XjWater KiSanitation - 2. The area must be annexed to these Improvement Districts to obtain services: 'Water I .D. No. ! Sanitation I .D. No,- - 3. Financial arrangements have been made with for the construction of these facilities: C)Water j rSanitation 4. In accordance with the standard specifications of the District, construction has been completed for the required facilities to furnish the fallowing service(s) to this area: 1 __'lWater I_-1 San i tat Ion Service(s) will be supplied in accordance with the District's currently prevailing regulations governing such service(s) . X 5. The monthly sewer service charge will be $5.00 per lot. This Is the pre- vailing charge throughout the District. 6. other Very truly yours, d au Lowell . Weeks DVB;sak & eral Manager-Chief Engineer cc: Department of Public Health Safeco Title Insurance Company Morgan-Mitsubishi Riverside, California 92501 P.O. Box I11 Development Co. P,iverside, California 92502 C/o Morstan Development Department of Public Health 1251 Avenue of Americas Indio, California 92201 City of Palm Desert New York, New York P.O. Box 1648 10020 Palm Desert, California 92260 I CITY OF 'PALM DESERT STAFF REPORT To: CITY COUNCIL Report On: Approval of Final Map for Tract 4489 Applicant: MORGAN-MITSUBISHI Case No. : TRACT 4489 I. REQUEST: That the City Council approve the final map for Tract 4489 and accept the offers of dedication, approve the agreements , approve and accept the bonds, approve and accept the title company's check, and authorize the City Clerk to' sign the agreements and the map. Ii. RECOMMENDATION: Approve the request as presented by Resolution No. 75- 90 III. JUSTIFICATION: 1 . The project conforms to the requirements of the Tentative Map. 2. , The bonds are adequate and valid. 3. The applicant has met all necessary requirements for the approval of a final map. IV. BACKGROUND: A. Location: West of Highway 111 , south of 44th Avenue and north of the Palm Valley Channel . B. Size: 30 acres C. Existing Roads: Painters Path, 44th Avenue and Highway 111 . D. Existing Land Use: Vacant E. Existing Zoning: R-2-5000 F. Surrounding Zoning: CPS on the east, south and north, R-2-5000 on the west. G. General Plan Elements: The General Plan indicates the vicinity as medium density residential with 5-7 du/acre. H. Previous Actions: Originally filed December 20, 1971 . Tentative Tract approved by Riverside County March 14, 1972. Tentative Tract extended August 14, 1973 by Riverside County. Tentative Tract extended September 30, 1974 by the City of Palm Desert. I. Environmental Assessment: The Environmental Impact Report was cir- culated as a part of the consideration of the amended CUP and Tentative Tract and approved September 30, 1974. No further environmental considerations are required. I1 • RESOLUTION NO. 15-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING FINAL SUBDIVISION MAP OF TRACT NO. 4489 AND APPROVING AGREE- MENTS RELATING THERETO. CASE NO. TRACT NO. 4489. WHEREAS, there has been submitted a final subdivision map of Tract No. 4489 for property located within the City of Palm Desert, California which complies with the requirements of Ordinance No. 1 of the City of Palm Desert, California. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Desert as follows: 1 . That the final subdivision map of Tract No. 4489 in the City of Palm Desert, California, be and the same is hereby approved as the official subdivision map of said Tract No. 4489, and the streets and public utility easements, if any, as shown thereon, are accepted as public streets and public utility easements. 2. The City Clerk, upon receipt of the fully executed agreements here- inafter referred to, together with the bonds hereinafter referred to, is hereby authorized and directed to attest to said map by signing his name thereto as City Clerk of the City of Palm Desert; and to affix the official seal of the City thereto. 3. That the certain agreement respecting the improvement of streets and drainage and surety bonds for the faithful performance of said agreement in the sum of and surety bond in the sum of securing payment to contract, his subcontractors and to persons renting equipment or furnishing labor or materials, are hereby approved. 4. That certain agreement relating to the extension of sewer and water lines, and surety bond for the faithful performance of said agreement in the sum of $142,500, and surety bond in the sum of $142,500 securing payment to contractor, his subcontractors and to persons renting equipment or furnishing labor or materials, are hereby approved. 5. That the certain agreement respecting the installation of survey monuments and surety bonds for the faithful performance of said agreement in the sum of $5,000 as attached. I RESOLUTION NO. 75-90 6. That the certain agreement respecting the inspection costs, for the faithful performance of said agreements in the sum of $4,425 are hereby approved. 7. That the certain agreement respecting the payment of all taxes and assessments in the amount of and .a surety bond in the sum of securing payment, are hereby approved. 8. That the certain agreement respecting the overall performance and surety bonds for the faithful performance of said agreement in the sum of $151 ,925 and surety bond in the sum of $151 ,925 securing payment, are hereby approved. PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert, California, this llth day of September, 1975, by the following vote: AYES: NOES: ABSENT: HENRY B. CLARK, MAYOR ATTEST: HARVEY L. HURLBURT, CITY CLERK City of Palm Desert, California -2- September 3 , 1975 City Clerk City of Palm Desert Palm Desert, CA 92260 Re: Tract 4489 Gentlemen: The undersigned, Morgan-Mitsubishi Development Co. , hereby requests that the matter of the approval of the final subdivision map for Tract 4489 be placed on the agenda for the meeting of the City Council on the llth of September, 1975 . The final map is filed for approval pursuant to Section 66457 of the Government Code. The final map was submitted to the City Engineer for approval in accordance with Section 66442 of the Government Code on August 1, 1975 . It is anticipated that the final map, together with the certificate of the City Engineer, will be transmitted by the City Engineer on September 5, 1975 , or shortly thereafter. All other conditions to the tentative map have been fulfilled. The foregoing was discussed with the City Attorney, David Erwin, who indicated that the matter should be placed on the agenda pending receipt of the final map from the City Engineer. The undersigned would appreciate your confirmation that this matter will be set for hearing at the September 11, 1975 City Council meeting and included on the agenda for such meeting. Very truly yours, MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTAN DEVELOPMENT CO. by Z".. r September 2 , 1975 City of Palm Desert City Hall Palm Desert, California Gentlemen: The undersigned has delivered or is about to deliver to the County of Riverside certain documents in connection with the approval of Tract 4489 including certain improve- ment agreements, bonds with respect to such agreements and monument bonds and has delivered or is about to deliver to you an agreement with respect to payment of costs in connection with a traffic signal at the inter- section of Highway 111 and 44th Avenue and the installation of certain standard stop signs. These documents have been delivered on the condition that if Tract 4489 is* not recorded within the time permitted by law, these agreements will be of no further force or effect and the surety under such bonds shall be released from all further liability. Very truly yours, MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTAN DEVELOPMENT CO. by The conditions set forth above are hereby agreed to. CITY OF PALM DESERT By September 2 , 1975 City of Palm Desert City Hall Palm Desert, California Re: Tract 4489 Gentlemen: The undersigned is the owner of all the land comprising Tract 4489 . In connection with the filing of a final subdivision map for the remaining portions of Tract 4489, the undersigned agrees with you as follows. 1. The undersigned, as the owner of such property, agrees to pay 25% of the cost of the installation of a traffic signal system at the intersection of Highway 111 and 44th Avenue at such time as the traffic signal system is installed. 2 . The undersigned agrees to install standard stop signs at all intersections of private driveways within Tract 4489 (except those portions within Tract 4489-1) with public streets in a manner acceptable to the City Traffic Engineer. These standard stop signs shall become part of the public improvements and shall be installed at such time as the private driveways are completed. 3. This agreement shall be binding upon the undersigned and all future owners of the land comprising Tract 4489. 4 . The undersigned further agrees to execute such other instruments which may be reasonably required by you or by the City Attorney to further confirm the foregoing agreements, including without limitation a covenant in recordable form. This letter agreement is submitted in fulfillment of conditions No. 16 and 17 of Additional Conditions to Tract 4489 as enacted by the City Council of the City of Palm Desert on September 26 ,1974. Very truly yours, MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTAN DEVE PMEN CO. by ?J444- W*4,4y�� The foregoing agreement is accepted in satisfaction of Additional Conditions No. 16 and 17 to Tract 4489. CITY OF PALM DESERT By CITY OF PALM DESERT STAFF REPORT To: CITY COUNCIL Report On: Approval of Final Map for Tract 4489 Applicant: MORGAN-MITSUBISHI Case No. : TRACT 4489 I. REQUEST: That the City Council approve the final map for Tract 4489 and accept the offers of dedication, approve the agreements , approve and accept the bonds, approve and accept the title company's check, and authorize the City Clerk to sign the agreements and the map. II. RECOMMENDATION: Approve the request as presented by Resolution No. 75- 90 III. JUSTIFICATION: 1 . The project conforms to the requirements of the Tentative Map. 2. . The bonds are adequate and valid. 3. The applicant has met all necessary requirements for the approval of a final map. IV. BACKGROUND: A. Location: West of Highway 111 , south of 44th Avenue and north of the Palm Valley Channel . B. Size: 30 acres C. Existing Roads: Painters Path, 44th Avenue and Highway 111 . D. Existing Land Use: Vacant E. Existing Zoning: R-2-5000 F. Surrounding Zoning: CPS on the east, south and north, R-2-5000 on the west. G. General Plan Elements: The General Plan indicates the vicinity as medium density residential with 5-7 du/acre. H. Previous Actions: Originally filed December 20, 1971 . Tentative Tract approved by Riverside County March 14, 1972. Tentative Tract extended August 14, 1973 by Riverside County. Tentative Tract extended September 30, 1974 by the City of Palm Desert. I. Environmental Assessment: The Environmental Impact Report was cir- culated as a part of the consideration of the amended CUP and Tentative Tract and approved September 30, 1974. No further environmental considerations are required. RESOLUTION NO. 75-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING FINAL SUBDIVISION MAP OF TRACT NO. 4489 AND APPROVING AGREE- MENTS RELATING THERETO. CASE NO. TRACT NO. 4489. WHEREAS, there has been submitted a final subdivision map of Tract No. 4489 for property located within the City of Palm Desert, California which complies with the requirements of Ordinance No. 1 of the City of Palm Desert, i California. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Desert as follows: I . That the final subdivision map of Tract No. 4489 in the City of Palm Desert, California, be and the same is hereby approved as the official subdivision map of said Tract No. 4489, and the streets and public utility easements, if any, as shown thereon, are accepted as public streets and public utility easements. 2. The City Clerk, upon receipt of the fully executed agreements here- inafter referred to, together with the bonds hereinafter referred to, is hereby authorized and directed to attest to said map by signing his name thereto as City Clerk of the City of Palm Desert; and to affix the official seal of the City thereto. 3. That the certain agreement respecting the improvement of streets and drainage and surety bonds for the faithful performance of said agreement in the sum of , and surety bond in the sum of securing payment to contract, his subcontractors and to persons renting equipment or furnishing labor or materials, are hereby approved. 4. That certain agreement relating to the extension of sewer and water lines, and surety bond for the faithful performance of said agreement in the sum of $142,500, and surety bond in the sum of $142,500 securing payment to contractor, his subcontractors and to persons renting equipment or furnishing labor or materials, are hereby approved. 5. That the certain agreement respecting the installation of survey € monuments and surety bonds for the faithful performance of said agreement in the sum of $5,000 as attached. RESOLUTION NO. 75-90 6. That the certain agreement respecting the inspection costs , for the faithful performance of said agreements in the sum of $4,425 are hereby approved. 7. That the certain agreement respecting the payment of all taxes and assessments in the amount of and a surety bond in the sum of securing payment, are hereby approved. 8. That the certain agreement respecting the overall performance and surety bonds for the faithful performance of said agreement in the sum of $151 ,925 and surety bond in the sum of $151 ,925 securing payment, are hereby approved. PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert, California, this llth day of September, 1975, by the following vote: AYES: NOES: ABSENT: HENRY B. CLARK, MAYOR ATTEST: HARVEY L. HURLBURT, CITY CLERK City of Palm Desert, California -2- September 3 ,. 1975 City Clerk City of Palm Desert Palm Desert, CA 92260 Re: Tract 4489 Gentlemen: The undersigned, Morgan-Mitsubishi Development Co. , hereby requests that the matter of the approval of the final subdivision map for Tract 4489 be placed on the agenda for the meeting of the City Council on the llth of September, 1975 . The final map is filed for approval pursuant to Section 66457 of the Government Code. The final map was submitted to the City Engineer for approval in accordance with Section 66442 of the Government Code on August 1, 1975 . It is anticipated that the final map, together with the certificate of the City Engineer, will be transmitted by the City Engineer on September 5, 1975, or shortly thereafter. All other conditions to the tentative map have been fulfilled. The foregoing was discussed with the City Attorney, David Erwin, who indicated that the matter should be placed on the agenda pending receipt of the final map from the City Engineer. The undersigned would appreciate your confirmation that this matter will be set for hearing at the September 11, 1975 City Council meeting and included on the agenda for such meeting. Very truly yours, MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTAN DEVELOPMENT CO. by September 2 , 1975 City of Palm Desert City Hall Palm Desert, California Gentlemen: The undersigned has delivered or is about to deliver to the County of Riverside certain documents in connection with the approval of Tract 4489 including certain improve- ment agreements, bonds with respect to such agreements and monument bonds and has delivered or is about to deliver to you an agreement with respect to payment of costs in connection with a traffic signal at the inter- section of Highway 111 and 44th Avenue and the installation of certain standard stop signs . These documents have been delivered on the condition that if Tract 4489 is not recorded within the time permitted by law, these agreements will be of no further force or effect and the surety under such bonds shall be released from all further liability. Very truly yours, MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTAN DEVELOPMENT CO. by The conditions set forth above are hereby agreed to. CITY OF PALM DESERT By y September 2 , 1975 City of Palm Desert City Hall Palm Desert, California Re: Tract 4489 Gentlemen: The undersigned is the owner of all the land comprising Tract 4489 . In connection with the filing of a final subdivision map for the remaining portions of Tract 4489 , the undersigned agrees with you as follows . 1. The undersigned, as the owner of such property, agrees to pay 250 of the cost of the installation of a traffic signal system at the intersection of Highway 111 and 44th Avenue at such time as the traffic signal system is installed. 2 . The undersigned agrees to install standard stop signs at all intersections of private driveways within Tract 4489 (except those portions within Tract 4489-1) with public streets in a manner acceptable to the City Traffic Engineer. These standard stop signs shall become part of the public improvements and shall be installed at such time as the private driveways are completed. 3. This agreement shall be binding upon the undersigned and all future owners of the land comprising Tract 4489 . 4 . The undersigned further agrees to execute such other instruments which may be reasonably required by you or by the City Attorney to further confirm the foregoing agreements, including without limitation a covenant in recordable form. This letter agreement is submitted in fulfillment of conditions No. 16 and 17 of Additional Conditions to Tract 4489 as enacted by the City Council of the City of Palm Desert on September 26 ,1974 . Very truly yours, MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTAN DEVE PMEN CO. by The foregoing agreement is accepted in satisfaction of Additional Conditions No. 16 and 17 to Tract 4489. CITY OF PALM DESERT By CITY OF PALM DESERT STAFF REPORT To: CITY COUNCIL Report On: Approval of Final Map for Tract 4489 Applicant: MORGAN-MITSUBISHI Case No. : TRACT 4489 I. REQUEST: That the City Council approve the' final map for Tract 4489 and accept the offers of dedication, approve the agreements , approve and accept the bonds, approve and accept the title company's check, and authorize the City Clerk to sign the agreements and the map. II. RECOMMENDATION: Approve the request as presented by Resolution No. 75- 90 III. JUSTIFICATION: 1 . The project conforms to the requirements of the Tentative Map. 2. , The bonds are adequate and valid. 3. The applicant has met all necessary requirements for the approval of a final map. IV. BACKGROUND: A. Location: West of Highway 111 , south of 44th Avenue and north of the Palm Valley Channel . B. Size: 30 acres C. Existing Roads: Painters Path, 44th Avenue and Highway 111 . D. Existing Land Use: Vacant E. Existing Zoning: R-2-5000 F. Surrounding Zoning: CPS on the east, south and north, R-2-5000 on the west. G. General Plan Elements: The General Plan indicates the vicinity as medium density residential with 5-7 du/acre. H. Previous Actions: Originally filed December 20, 1971 . Tentative Tract approved by Riverside County March 14, 1972. Tentative Tract extended August 14, 1973 by Riverside County. Tentative Tract extended September 30, 1974 by the City of Palm Desert. I. Environmental Assessment: The Environmental Impact Report was cir- culated as a part of the consideration of the amended CUP and Tentative Tract and approved September 30, 1974. No further environmental considerations are required. September 5, 1975 Honorable Mayor & Members of the City Council The figures missing from items 3 and 7 of City Council Resolution No. 75-90 will be submitted during Study Session on Thursday, September 11 , 1975. Harvey RESOLUTION NO. 75-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING FINAL SUBDIVISION MAP OF TRACT NO. 4489 AND APPROVING AGREE- MENTS RELATING THERETO. CASE NO. TRACT NO. 4489. WHEREAS, there has been submitted a final subdivision map of Tract No. 4489 for property located within the City of Palm Desert, California which complies with the requirements of Ordinance No. 1 of the City of Palm Desert, California: NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Desert as follows: 1 . That the final subdivision map of Tract No. 4489 in the City of Palm Desert, California, be and the same is hereby approved as the official subdivision map of said Tract No. 4489, and the streets and public utility easements, if any, as shown thereon, are accepted as public streets and public utility easements. 2. The City Clerk, upon receipt of the fully executed agreements here- inafter referred to, together with the bonds hereinafter referred to, is hereby authorized and directed to attest to said map by signing his name thereto as City Clerk of the City of Palm Desert; and to affix the official seal of the City thereto. 3. That the certain agreement respecting the improvement of streets and drainage and surety bonds for the faithful performance of said agreement in the sum of'� and surety bond in the sum o 41A p securing payment to contract, his subcontractors and to persons renting equipment or furnishing labor or materials, are hereby approved. 4. That certain agreement relating to the extension of sewer and water lines, and surety bond for the faithful performance of said agreement in the sum of $142,500, and surety bond in the sum of $142,500 securing payment to contractor, his subcontractors and to persons renting equipment or furnishing labor or materials, are hereby approved. 5. That the certain agreement respecting the installation of survey monuments and surety bonds for the faithful performance of said agreement in the sum of $5,000 as attached. RESOLUTION NO. 75-90 6. That the certain agreement respecting the inspection costs, for the faithful performance of said agreements in the sum of $4,425 are hereby approved. 7. That the certain agreement respecting the payment of all taxes and assessments in the amount of C 42 ?� 0 , and a surety bond in the sum off`' [14L a tz securing payment, are hereby approved. 8. That the certain agreement respecting the overall performance and surety bonds for the faithful performance of said agreement in the sum of $151 ,925 and surety bond in the sum of $151 ,925 securing payment, are hereby approved. PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert, California, this llth day of September, 1975, by the following vote: AYES: NOES: ABSENT: HENRY B. CLARK, MAYOR ATTEST: HARVEY L. HURLBURT, CITY CLERK City of Palm Desert, California -2- T� DATE: 9-3-75 v Fees and Securities Tract No. 4489 Streets and Drainage - 0 - Water CVCWD = $74,500 Sewer CVCWD $68,000 Haterial & Labor (100%) $142,500 Attorneys fees - 0 - Maintenance Retension - 0 - Monument $ 5,000 InIN694,Q MITSUBISHI DEVELOPMENT CO.$ 4,425 MORSSTVAN DEV ELOPMENT COMPANY, INC. To: R. BRUCE ROBERTSON, Vice President Securities in the amount of $2,500 or less must be cash, cashier's check or money order. September 2, 1975 City of Palm Desert City Hall Palm Desert, California Gentlemen: The undersigned has delivered or is about to deliver to the County of Riverside certain documents in connection with the approval of Tract 4489 including certain improve- ment agreements , bonds with respect to such agreements and monument bonds and has delivered or is about to deliver to you an agreement with respect to payment of costs in connection with a traffic signal at the inter- section of Highway 111 and 44th Avenue and the installation of certain standard stop signs . These documents have been delivered on the condition that if Tract 4489 is not recorded within the time permitted by law, these agreements will be of no further force or effect and the surety under such bonds shall be released from all further liability. Very truly yours, MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTAN DEVELOPMENT CO. by The conditions set forth above are hereby agreed to. CITY OF PALM DESERT By September 2 , 1975 City of Palm Desert City Hall Palm Desert, California Gentlemen: The undersigned has delivered or is about to deliver to the County of Riverside certain documents in connection with the approval of Tract 4489 including certain improve- ment agreements, bonds with respect to such agreements and monument bonds and has delivered or is about to deliver to you an agreement with respect to payment of costs in connection with a traffic signal at the inter- section of Highway 111 and 44th Avenue and the installation of certain standard stop signs. These documents have been delivered on the condition that if Tract 4489 is not recorded within the time permitted by law, these agreements will be of no further force or effect and the surety under such bonds shall be released from all further liability. Very truly yours, , MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTAN DEVELOPMENT CO. by The conditions set forth above are hereby agreed to. CITY OF PALM DESERT By September 2 , 1975 City of Palm Desert City Hall Palm Desert, California Gentlemen: The undersigned has delivered or is about to deliver to . the County of Riverside certain documents in connection with the approval of Tract 4489 including certain improve- ment agreements , bonds with respect to such agreements and monument bonds and has delivered or is about to deliver to you an agreement with respect to payment of costs in connection with a traffic signal at the inter- section of Highway 111 and 44th Avenue and the installation of certain standard stop signs. These documents have been delivered on the condition that if Tract 4489 is not recorded within the time permitted by law, these agreements will be of no further force or effect .and the surety under such bonds shall be released from all further liability. Very truly yours, MORGAN—MITSUBISHI DEVELOPMENT CO. By: MORSTAN DEVELOPMENT CO. by The conditions set forth above are hereby agreed to. CITY OF PALM DESERT By c•� 9 T w� September 2, 1975 City of Palm Desert City Hall Palm Desert, California Re: Tract 4489 Gentlemen: The undersigned is the owner of all the land comprising Tract 4489 . In connection with the filing of a final subdivision map for the remaining portions of Tract 4489 , the undersigned agrees with you as follows . 1. The undersigned, as the owner of such property, agrees to pay 25% of the cost of the installation of a traffic signal system at the intersection of Highway 111 and 44th Avenue at such time as the traffic signal system is installed. 2 . The undersigned agrees to install standard stop signs at all intersections of private driveways within Tract 4489 (except those portions within Tract 4489-1) with public streets in a manner acceptable to the City Traffic Engineer. These standard stop signs shall become part of the public improvements and shall be installed at such time as the private driveways are completed. 3. This agreement shall be binding upon the undersigned and all future owners of the land comprising Tract 4489 . 4 . The undersigned further agrees to execute such other instruments which may be reasonably required by you or by the City Attorney to further confirm the foregoing agreements, including without limitation a covenant in recordable form. This letter agreement is submitted in fulfillment of conditions No. 16 and 17 of Additional Conditions to Tract 4489 as enacted by the City Council of the City of Palm Desert on September 26,1974 . Very truly yours , MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTA DEVEL MENT CO. by The foregoing agreement is accepted in satisfaction of Additional Conditions No. 16 and 17 to Tract 4489 . CITY OF PALM DESERT By September 2 , 1975 City of Palm Desert City Hall Palm Desert, California Re: Tract 4489 Gentlemen: The undersigned is the owner of all the land comprising Tract 4489. In connection with the filing of a final subdivision map for the remaining portions of Tract 4489 , the undersigned agrees with you as follows . 1. The undersigned, as the owner of such property, agrees to pay 25% of the cost of the installation of a traffic signal system at the intersection of Highway 111 and 44th Avenue at such time as the traffic signal system is installed. 2 . The undersigned agrees to install standard stop signs at all intersections of private driveways within Tract 4489 (except those portions within Tract 4489-1) with public streets in a manner acceptable to the City Traffic Engineer. These standard stop signs shall become part of the public improvements and shall be installed at such time as the private driveways are completed. 3. This agreement shall be binding upon the undersigned and all future owners of the land comprising Tract 4489 . 4 . The undersigned further agrees to execute such other instruments which may be reasonably required by you or by the City Attorney to further confirm the foregoing agreements, including without limitation a covenant in recordable form. This letter agreement is submitted in fulfillment of conditions No. 16 and 17 of Additional Conditions to Tract 4489 as enacted by the City Council of the City of Palm Desert on September 26 ,1974 . Very truly yours , MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTAN DEVELCAIRMENT CO. by The foregoing agreement is accepted in satisfaction of Additional Conditions No. 16 and 17 to Tract 4489 . CITY OF PALM DESERT By September 2 , 1975 City of Palm Desert City Hall Palm Desert, California Re: Tract 4489 Gentlemen: The undersigned is the owner of all the land comprising Tract 4489. In connection with the filing of a final subdivision map for the remaining portions of Tract 4489 , the undersigned agrees with you as follows . 1. The undersigned, as the owner of such property, agrees to pay 25% of the cost of the installation of a traffic signal system at the intersection of Highway 111 and 44th Avenue at such time as the traffic signal system is installed. 2 . The undersigned agrees to install standard stop signs at all intersections of private driveways within Tract 4489 (except those portions within Tract 4489-1) with public streets in a manner acceptable to the City Traffic Engineer. These standard stop signs shall become part of 'the public improvements and shall be installed at such time as the private driveways are completed. 3. This agreement shall be binding upon the undersigned and all future owners of the land comprising Tract 4489 . 4 . The undersigned further agrees to execute such other instruments which may be reasonably required by you or by the City Attorney to further confirm the foregoing agreements, including without limitation a covenant in recordable form. This letter agreement is submitted in fulfillment of conditions No. 16 and 17 of Additional Conditions to Tract 4489 as enacted by the City Council of the City of Palm Desert on September 26 ,1974 . Very truly yours, MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTAN DEVEL K�l O. by The foregoing agreement is accepted in satisfaction of Additional Conditions No. 16 and 17 to Tract 4489 . CITY OF PALM DESERT By AGREEMENT TO BE DATED WHEN BO:"% APPROVES e AGREUVIENT THIS AGREEMENT, made and entered into in triplicate on the day of by and between the COUNTY OF RIVERSIDE, a political division of the state of California, having corporate powers, hereinafter referred to as the County,'and MORGAN-MITSUBISHI DEVELOPMENT CO. hereinafter referred to as the Contractor. (subdivider): m WITNESSETH: WHEREAS, the Contractor(s) the owner(s) and subdivider(s) of Tract 4489 41 c and (has) (have) filed the tentative map of said subdivision, which has been approved by the Riverside County Plan- ning Commission in accordance with the provisions of Riverside County Ordinance No. 460 ; and O WHEREAS, water mains and their accessories are to be installed as part of the improvements of the said sub- division, and the plans, profiles and specifications for said water mains and their accessories have been approved $4 3 by the County Health Department pursuant to the provisions of said Ordinance; and p, > WHEREAS, under the provisions of the said Ordinance the Contractor(s) is (are) required to enter into an agree- ,♦ dment to make certain minimum improvements prior to the approval of the final map of the said subdivision by w44 IV the Board of Supervisors of Riverside County; ce NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: s� cc 1. ThersContractors) agree(s), at own cost and expense, to furnish all equipment and material necessary to perform and complete m 1 41 within 1G_ months from the date hereof,^tn a good and workmanlike manner, the work and improvements hereinafter generally described, y0) pursuant to the plans, profiles and specifications filed in the Office of the County Surveyor, and to do all work incidental thereto, to-wit: 0 q Instal( on Tract 4489 +a 60 Cd 4.1 c0 a water distribution system, complete with all necessary pipe, valves, connections and appurtenances necessary to the satisfactory operation of said .1 W distribution system; 4) Extend main or mains from the existing supply system maintained and operated by Coachella Valley County Water District d to connect with the distribution system as described; all pipe shall be laid at such depth as to provide a full thirty (30'1 inches minimum cover from s t C the top of the pipe to street grade, unless otherwise specified by the County Surveyor; all work to be according to plans, subdivision improvement r-s iJ standards and written specifications on file in the Office of the County Surveyor. W aD' 41 The estimated cost of the said work and Improvements is the sum of $----74,900.00--- and the said work shall be done to the satisfaction of the Health Department of the County of Riverside and shall not be deemed complete until approved and accepted as completed by ye the Board of Supervisors of the county, and the acceptance of said work into its system by Coachella Valley a C011T1 }rlt'isai r erDagrree� FiaT the said Contractor(s) shall at all times give good and adequate warning to the traveling public of each and Cd V ,every dangerous condition existent upon any of the streets and highways mentioned herein, and will take all steps reasonably necessary to protect $4 cJ -0 the traveling public from such defective dangerous condition. i.s td d 9: X 3. It is further agreed that the said Contractor(s) shall forthwith file with the said County a good and sufficient bond in an amount not VG -N less than the estimated cost of said work and imorovements, as above specified, for the faithful performance of the terms and conditions of this ton- al r.tract, and shall keep such bond in full force and effect with security and sureties satisfactory to the County, to long as this Agreement may remain 41 kin effect. It is further agreed that any extension of time granted to the Principal(s) by the Obligee shall not relieve the Surety on the Bond that v 0 w the PrincipalWand Surety on this Bond have read and are familiar with all the provisions of the Agreement entered into between the Principal($) Q •.4 and the Board of Supervisors of the County of Riverside, and said Priniclpai(s) and Surety have read the provisions of Ordinance No. 460 and amend- ments thereto of the County of Riverside. to M $4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate,the County acting through the Chairman of the Board ell E 0 f Supervisgrs, pursuant to a resolution author'zing the same, apd t e,Contractor(s) acting through its officers regularly authorized. o +j°Extensions of time for per�oriaance oz t�ixs ,I u c agreement may be granted only by the Board Of COUNTY OF RIVERSIDE, a political division of the State of California, .IC d Supervisors. Notice of extension or extensions corporate powers L of time is waived by the surety. By i.s Chairman of its Board of Supervisors „ ,,, UATTEST: DONALD D. SULLIVAN, Clerk $4b� 0BY: 82,c 10 Deputy a w o MORGAN-MITSUBISHI DEVELOPMENT CO. * or within any extensions thereof BY: DEV PM COMPANY, INC. s granted by the Board of Supervisors. BY: BRUCE ROBERTSON Vice President axeaeed In Quadruplicate RD FORM 42 a i AGREEMENT TO BE DATED WHEN BOARD APPROVES AGREEMENT This Agreement, made and entered into in triplicate on the day of by and between the County of Riverside, a political division of the State of California, having corporate powers, hereinafter referred to as the County and MORGAN-MITSUBISHI DEVELOPMENT-IC-9-hereinafter referred to as the Contractor: WITNESSETH: WHEREAS, the Contractor is the owner and subdivider of Tract 4489 and has filed the tentative map of said subdivision which has been approved by the Riverside County Planning Commission in accordance with the provisions of' Riverside County Ordinance No. 460; and WHEREAS, sewer mains and their accessories are to be installed as part of the improvements of the said sub- division, and the plans, profiles, and specifications for said sewer mains and their accessories Nave been approved by the County Surveyor and County Health Department pursuant to the provisions of said Ordinance; and WHEREAS, under the provisions of the said Ordinance the Contractor is required to enter into an agreement-to make certain minimum improvements prior to the approval of the final map of the said subdivision by the Board of Supervisors of Riverside County; NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. The Contractor agre s, a its own cost and a pense, t furPish all equi m t and ateri I nec sary to perform nd complete within �_or �' h ar��t e�xte ,sons timein�te�' bry tie oar of Suerv�sors months rom he to ereoY in a goo and wor m i e manne , the wor an improve ents hereinafter generally described, pursuant to the plans, profiles and specifications filed in the Office of the County Surveyor, and to do all work incidental thereto, to-wit: Install on Tract 4489 a sanitary sewer system, complete with all necessary pipe, connections and appurtenances necessary to the satisfactory operation of said sanitary sewer system: Extend main or mains from the existing sewer system maintained and operated by the rtlachal1a Va11Ing f_n„nt3; Wator,Dist to connect with the sewer system as described; all work to be according to plans and specifications on file in the Office of the County Surveyor: Contractor shall maintain the work for a period of one year following the completion and acceptance thereof against any defective work or labor done or defective material furnished The estimated cost of the said work and improvements is the sum of $------------68,000.00------------ and the said work shall be done to the satisfaction of the Health Department of the County of Riverside and shall not be deemed complete until approved and accepted as completed by the Board of Supervisors of the County, and the acceptance of said work into its system by Coachella Valley County Water_District __—_—• 2. It is turther agreed that the said Contractor shall at all times give good and adequate warning to the traveling public of each and every dangerous condition existent upon any of the streets and highways mentioned herein, and will take all steps reasonably necessary to protect the traveling public from such defective dangerous condition. 3. It is further agreed that the said Contractor shall forthwith file with the said County a good and sufficient bond in an amount not less than the estimated cost of said work and improvements, as above specified, for the faithful performance of the terms and conditions of the contract, and shall keep such bond in full force and effect with security and sureties satisfactory to the County, as long as this Agreement may remain in effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate, the County acting through the Chairman of the Board of Supervisors pursuant to a resolution authorizin th same, and the Contractor acting through its officers regularly authorized. Extensions of time for performance o this agreement may be granted only by the Board of Supervisors.000NTY OF RIVERSIDE, a political division of the State of Cali- Notice of extension or extensions of time is waived by the surety• fornia, having corporate powers. DONALD D. SULLIVAN ATTEST: , County Clerk and Ex-officio Clerk By, of the Board of Supervisors of the County of Riverside, State of Chairman of its Board of Supervisors California. By: _ MORGAN-MT_TSURTUT nFVFI nPMFNT rn_ Dep"ty BY: I DE��LPMEK COMPANY, INC. - - _ BY: R. B UCE ROBERTSON Vice President Executed in Quadruplicate t ADDENDUM TO AGREEMENTS Everywhere the words "COUNTY OF RIVERSIDE" appear, on the attached agreements, by this addendum it shall , in fact, mean "CITY OF PALM DESERT". Everywhere the words "BOARD OF SUPERVISORS" appear, on the attached agreements, by this addendum, it shall , in fact, mean "CITY COUNCIL". Everywhere the words "COUNTY SURVEYOR" appear, on the attached agreements, by this addendum, it shall , in fact, mean "CITY ENGINEER". ADDENDUM TO AGREEMENT This Agreement shall expire and no longer be in effect, and the bond or bonds securing this performance agreement shall be released upon (i) the filing of a petition to revert to acreage all of the land within Tract 4489 meeting the requirements of Section 66499 .11 of the Government Code of the State of California or (ii) approval of another final subdivision map for all of the land within Tract 4489 as provided in Section 66456 of the Government Code of the State of California. In either such event the surety under such bonds shall be released from all further liability. Initials: AGREEMENT W BE DATED WHEN BOARD APPROVES AGREEMENT THIS AGREEMENT, made and entered into this day of 19 _, by and between the COUNTY OF RIVERSIDE, State of California, acting by and through its Board of Supervisors, hereinafter called the COUNTY, and MORGAN-MITSUBISHI DEVELOPMENT CO. the Subdivision Map Act hereinafter called the CONTRACTOR: pursuant to the provisions of E>X9t3C>t[�SRx�ci�Xxiti4$�E3sYb5iQisxBl� and Section 6.14 of Ordinance 460 of the County of Riverside. (Cormtencing with Section 66410 of the G�Vvffglgy�TWde) 4 FIRST: That the CONTRACTOR, for and in consideration of the approval of the Board of Supervisors of the final map of that certain tract known as TRACT 4489 hereby agrees, at the CONTRACTOR'S own cost and expense, to furnish all labor, material, and equipment necessary to perform and complete, and within twelve (12) months from the date of recordation of said tract, to perform and complete in a good and workmanlike manner for the County of Riverside for public use, the following work, to wit: Setting of survey monuments and tie points and furnishing to the County Surveyor of said County tie notes for said tract, according to the provisions of Section 6.14 of Ordinance No. 460 of the County of Riverside regulating subdivision and mapping of land. That said work shall be done to the satisfaction of the County Surveyor and shall not be deemed complete until approved and accepted as completed by the County Surveyor on behalf of the Board of Su- pervisors of the COUNTY. That the estimated cost of said work is the sum of Five Thousand and 00/100---- -------------------------------- Dollars ($---------59000-----------).Contractor shall pay the Engineer or Surveyor performing the work, in full, within 30 days after completion. SECOND: That the COUNTY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss, or damage happening or occurring to the work specified in this agreement prior to the comple- tion and approval of same, nor shall the COUNTY, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work or by reason of the acts or omissions of the CONTRACTOR, his agents or employees, in performance of said work, but all of said liabilities shall be assumed by the CONTRAC- TOR. The CONTRACTOR further agrees to protect and hold harmless the COUNTY, its officers and employees, from any and all claims, demands, causes of action, liability, or loss of any sort because of, or arising out of, the acts of omissions of the CONTRACTOR, his agents and employees, in the performance of this agreement, or arising out of the use of any patent or patented article in the performance of said agreement. THIRD: That it is further agreed that the CONTRACTOR shall have such control of the ground reserved for the installation of such work, and the streets in which they are to be placed; as is necessary to allow him to carry out this agreement. FOURTH: It is further agreed that the CONTRACTOR has filed with the COUNTY a good and sufficient bond in an amount not less than the estimated cost of the work, as above specified, for the faithful performance of the terms and conditions and guarantees of this agreement. Should the sureties on said bond, or any of them, become insufficient in the opinion of the COUNTY, the CONTRACTOR agrees to renew said bond with good and uff'c'ent sureties within t n da s after rec ivi d ma d th ref a Extensions of time for the performance o tiYls agreement may ebe gAnted oni �� t o oared o� Supervisors. Notice of extension or extensions of time is waived by the surety. IN WITNESS WHEREOF, the CONTRACTOR has affixed name and seal. COUNTY OF RIVERSIDE BY: Chairman of Board of Supervisors MORGAN-MITSUBISHI DEVELOPMENT CO. ATTEST: BY:. MO 4 DEVEL EN COMPANY, INC. DONALD D. SULLIVAN, Clerk 'L BY: BY: R. /B'RLtE ROB RTSON Deputy Vice President Executed in Quadruplicate RD FORM 41 e e � F ADPEN-VA TO AGP-EE-KFNT This Apreedent shall 2xpirp and no longer be in effect, and the $5,009 cash deposit SuNitted with this Aerkment shall he reoaid,nr if fonds are substituted for ter cash deposit, the bonds or Lond securing this perArmance agreement shall be released upon M the filing of a Petition to revert to acreage all of the land within Tract 4489 meeting the requirements of Section 66499.11 of the Government` Code of the State of Cal iFornia or (ii ) approval of another final suLdivision map for all of the land within Tract 4489 as nrovided in Section 66456 of the Government Code of the State of California . In either such event the surety under such bonds, if any, shall be released from all further liability. Initials : F A I T H x J L P E R F O R M A N C E B 0 N D County of Riverside BOND NO. 2425059 State of California (Government Code 866499.1) Premium $2,138.00 FOR: Streets and Drainage $ TRACT NO. 4489 Water System - $74,500 PARCEL MAP NO. Sewer System - $68,000 BOND NO. Monuments - $ PREMIUM Bonding Company SAFECO INSURANCE COMPANY OF AMERICA Address 5455 Wilshire Blvd. ,Suitd 1806 City Los Angeles, California 90036 Whereas, The Board of Supervisors of the County of Riverside, State of California, and MORGAN - MITSUBISHI DEVELOPMENT CO. (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agree- ment, dated , 19 , and identified as project (Tract, gaz Map No. 4489 , is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and SAFECO INSURANCE COMPANY OF AMERICA , as surety, are held and firmly bound unto the County of Riverside, in the penal sum of ONE HUNDRED FOURTY TWO THOUSAND FIVE HUNDRED AND NO/4941ars ($142,500 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind our- selves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Riverside, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reason- able attorney's fees, incurred by county in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addi- tion to the terms of the agreement or to the work or to the specifications. When the work covered by the Agreement is complete, the Board of Supervisors of the County of Riverside will accept the work and thereupon the amount of the obligation of this bond is reduced by 75% with the remaining 25% being security for a one year guarantee period provided for in the Agreement. See Rider In witness whereof, this instrument has been duly executed by the principal and surety AU^-Irc n=maA nn Qantamhav 4 _ 19 7S _ ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of , r On this3rd day o September 1975 before me, " •• , a notary public in and for the State of California with principal office in the County of residing therein,duly commissioned and sworn,personally appeared James A. Schrader j known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the the corporation named as Surety in said instrument,and acknowledged to me that he subscribed the name of said corporation thereto as Surety,and his own name as attorney-in-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,at my office in the aforesaid County, the day and year in this certificate first above written. uirmrurununnmuuurruruuunuuwnnumm.uanumronnnnnnrrrwrxrr�wr q A G i t OFFICIAL SEAL t':ter r •Ar �: •., N ! Notary Public Co ' F+� yr'E R'. ;'1 � �plt�,lc-Caii.onti■ S�'• Y in RIDER TO FAITHFUL PERFORMANCE BOND I The total liability of Surety on this faithful performance bond and on the- material and labor bond of even date covering the same i improvements for tract 4489 shall not exceed in the aggregrate $142,500. i Princig- 1.B Title SAFECO INSURANCE COMPANY OF AMERICA S rety B ,games A. Schrader Attorney-in-Fact l ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA _ ss. '! County of ! On this 3rd day of September 1975 ,before me, a notary public in and for the State of California with principal office in the County of S residing therein,duly commissioned and sworn,personally appeared James A. Schrader , known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the r the corporation named as Surety in said instrument,and acknowledged to me that he subscribed the name of said corporation thereto as Surety,and his own name as attorney-in-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,at my office in the aforesaid County, the day and year in this certificate first above written. numuuuu'u""0p0°°0O0°0°1°rrrrrrrunuvuuuunrnxununuuuuxuuunumn - . 0"7r1C,'AL SEAL - c✓ Cor;S1* Notary Public Ca;irornia _e ttJ .r Pri n.^l).1�CtYi ?in Arr 3le3 County - S-1157 5/70 LMY Ccmmission Expires verember uuuumruuuuua°O°H0°°°°i°°0°1°nwuuxuuuxuuu1 rfi�r.1975._.'- I i {I _ t 1. P J1All;Vr \,t1L,�a vay.a.-. .r.si j a�• _ ' County of 1975 ,before me, On this 3rd day of September a notary public in and for the State of California with principal office in the es ou tySehrader of residing therein,duly commissioned and sworn,personally appeared ' known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the the corporation named as Surety in said instrument,and acknowledged to ine-that he'subscribed the name of said corporation thereto as Surety,and his own name as attorney-in-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,at my office in the aforesaid County, the day and year in this certificate first above written.. pmnuuuunnmrrrumuuuuuunuuarmtmrxurmwnnwxnxxnarwMrwrrr 7 �� Y L- 1 rt%- . OFFICIAL SEAL Notary Public I C0 1X-1"E M c.:,,,7im r' IVo.�WA)+I.c-Caii.omia Lj�Aive:es County' $ o ADDENDUM TO BOND Everywhere the words"County of Riverside" appear, on the attached bond, by this addendum it shall, in fact, mean "City of Palm Desert." Everywhere the words "Board of Supervisors" appear, on the attached bond, by this addendum, it shall, in fact, mean "City Council." Pri ip 1 r By ��Lp2z-Lf-�'Lcl�S• i Title SAFEC.Q INSURANCE COMPANY OF ANERICA S rety B es A. Schrader Attorney-in-Fact ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of ss. On this 3rd day of September , 1975 , before me a notary public in and for the State of California with principal office in the County of residing therein,duly commissioned and sworn,personally appeared James A. Schrader known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the •4 the corporation named as Surety in said instrument,and acknowledged to me that he subscribed the name of said corporation thereto as Surety,and his own name as attorney-in-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,at my office in the aforesaid County, the day and year in this certificate first above written. nmmtrnnnm•vmnmunnnnnnunnnnnrurwmunnnrnrmnnruumnnumurh /J .- � r OFFI -1. ...AL SEAL l r s r r• c Notary Public ' cs r,rse!a.,ICcw;ty - My C rw;r:.,:r rr x�i;as Gere,mber 16 ?,?j 5-1157 5/70 riruuuuuuauuwuurruu•11°°°1110°'uuuunmuuuuuuuuuuuuuuuuuuuuumi STATE OF CALIFORNIA �.j ss. County of On this 3rd day of September 1975 ,before me, �' a notary public in and for the State of California with principal office in the County of - residing therein,duly commissioned and sworn,personally appeared James A. Schrader , known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the :..r� the corporation named as Surety in said instrument,and acknowledged to me that he subscribed the name of said corporation thereto as Surety,and his own name as attorney-in-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my-official seal,at my office in the aforesaid County, the day and year in this certificate first above written. rr,�r'l OFFICIAL SEALi Mj lAiCE t.Ho P t-c-Cari.orni MATERIAL & L A B 0 R B 0 N D County of Riverside State of California BOND NO. 2425059 (Government Code 066499.2) FOR: Streets and Drainage $ TRACT NO. 4489 Water System - $74,500 PARCEL MAP NO. Sewer System - $68,600 BOND NO. PREMIUM Bonding Company SAFECO INSURANCE COMPANY OF AMERICA Address 5455 Wilshire B1vd. ,Suite 180 City Los Angeles, California 90036 Whereas, The Board of Supervisors of the County of Riverside, State of California, and MORGAN - MITSUBISHI DEVELOPMENT CO. (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agree- ment, dated September 3 , 19 75 , and identified as project (Tract, Fzrzak) Map No. 4489 , is hereby referred to and made a part hereof; and Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the County of Riverside to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code -of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the County of Riverside and all contractors, subcontractors, laborers, material- men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ONE HUNDRED-FORTY T140 THOUSAND FIVE HUN- dollars ($142,500.00 ) , for materials furnished or labor thereon of any kind, or for amounts DRED due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by county in successfully enforcing such obligation, to be awarded and .fixed by the court, and to be taxed as costs and to .be included in the judgment therein rendered. • i It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. See Rider In witness whereof, this instrument has been duly executed by the principal and surety above named, on September 3 1975 . NAME OF PRINCIPAL: MORGAN MITSUBISHI DEVELOPMENT CO. BY: MORSTA IV %PMENT/ ZMPA�Y, INC. AUTHORIZED SIGNATURE(S) : BY _ �.``._- . ACKNOWLEDGMENT BY SURETY { 1 ss. STATE OF CALIFORNIA ) • • I- -�� 1 9 5 ,before me;. County of Se tember ' On this 3rd day of rinci al office in the County ogchrader ' James A. i a notary public in and for the State of California ersonally appeared in-fact of residing -- residing therein,duly commissioned and sworn,p mirs whose name is subscribed to the within instrument as the attorney- oration known to me to be the person1F ' Surety in said instrument,and acknowledged to me that he subscribed the name of sal corp the corporation named as Sur y office in the aforesaid County, thereto as Surety,and his own name as attorney-in-fact.hand and affixed my official seal,at my IN WITNESS WHEREOF,I have hereunto set my in this certificate first above written. the day and year NNIINIIIIIIIIIIIInt11111141i11111111It11NitI11111111111IN1111111I11i111111It1111111iMIM01NAi11� OFFICIAL SEAL Notary Public , I r. ^ GC:'SiRr't:E c ;;SIN in i'.of '�,1� f,ta�3Ca�}'.•C•C.dR Ofnit! g t Los/;t.Vcs County i —_ e RIDER TO MATERIAL AND LABOR BOND The total liability of Surety on this material and labor bond and on the faithful performance bond of even date covering the same improvements for tract 4489 shall not exceed in the aggregrate $142,500. Principal ByL��., Title SAFEC INSURANCE COMP OF AMERICA SFixrety By ACKNOWLEDGMENT BY SURETY ss. IA. - } �07 ,before me; . - STATE OF CALIFORN . County°3rd day of Se ember al office inJt CouptY Sc ra er rincip es AA On this ersonally appeared in-fact of theme---- a notary public in and for he andas`hrpT°,ap with principal to the within instrument as the attorney- oration •esiding therein,duly comm �^ A" of said core person whose name is subscribed„ " nown to me to be the p r^ , ent,and acknowledged to me that he subscribed the name in said instrument, corporation named as Surety a as attorney official seal,at my office in the aforesaid County, 'to as Surety,and his own name hand and affixed my I have hereunto set my th WITNESS WHEREOF' above written. t- and year in this certificate first abo FFI^iALu+SAL!mmutut� Public Notary @ 7 _S rincles CO unty Pf 16. 1975 L jay Commisio, Expi.es Decemb. s-1157 5/70 mwuwuuuwomwuumuuu+wuauunmwuauumnuwuuumnnwm+ ` STATE OF CALIFORNIA ss. - .County of 19 ,before me;. On this 3rd day of September > personally appear- James A. Schrader a notary public in and for the State of California with principal office in the County o residing therein,duly commissioned and sworn,pe Y ppe ' the---- known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of the corporation named as Surety in said instrument,and acknowledged tame that he subscribed the name of said corporation 'thereto as Surety,and his own name as attorney-in-fact. official seal,at my office in the aforesaid County, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my _ the day and year in this certificate first above written. lL yt�v rmmuuunmmu mnumumnnua,umtunnmmwmumunnumunnmm�mmnA OFFICIAL SEAL ¢ Notary public CC."STA:',:E '" S '!*rIN in Los AnZe!cs County .._��y.�;r�,Nii, i,u� Er,pi„es DectmineruIti. 1975 ADDENDUM TO BOND - Everywhere the words "County of Riverside" appear, on the attached bond, by this addendum it shall, in fact, mean " City of Palm Desert." Everywhere the words "Board of Supervisors" appear, on the attached bond, by this addendum, it shall, in fact, mean " City Council." B 2la_ && P�incip�l Zr_- e s, Title SAE INSURANCE COMPANY OF AMERICA .. co u ty li ames A- Schrader Attorney-in-Fact ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA rM ss. County of On this 3rd day of September 1975 ,before me a notary public in and for the State of California with principal office in the County of , residing therein,duly commissioned and sworn,personally appeared James A. Schrader , known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the the corporation named as Surety in said instrument,and acknowledged to me that he subscribed the name of said corporation thereto as Surety,and his own name as attorney-in-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,at my office in the aforesaid County, the day and year in this certificate first above written. nuwnmum'r"1111p0°°°0°°°010nnuunnnnmmnummmnnnununuum / ., OFFIC'AL SE-AL c /7 ,..;.,;,;:,:. •�_`c: aEa = Notary Public cs Ati,-z?as County wMiu uu w niiiinuniuwuu uuiiui mu umuinw nuuuulGu mmuu S-1157 5/70mu- STATE OF CALIFORNIA ss. County of I'- ,..,.-,,.,� On this 3rd day of September l9z5 ,before me;. - a notary public in and for the State of California with principal office in the County of ; residing therein,duly commissioned and sworn,personally appeared James A. Schrader known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the ;Ire . ., the corporation named as Surety in said instrument,and acknowledged to me that he subscribed the name of said corporation thereto as Surety,and his own name as attorney-in-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,at my office in the aforesaid County, the day and year in this certificate first above written. j7 3 mnnuumum°n°°numu°nmulommmullumnapuunumm�mmmnafmml >` .-=��V �. Zr i t`Ls"� OFFICIAL SEAL IN s Notary Public �i:>.. 'a� t•J}��@"tl�u.'c-C:.,il::rrnls _- i e•.� __ LOS CLuil y _ r REGISTERED CIVIL ENGINEERS JENNINGS • HALDERMAN • HOOD A CORPORATION 2 0 0 1 EAST FOURTH STREET, SUITE 2 0 0 , S A N T A A N A , CALIFORNIA 9 2 7 0 6 ( 7 1 4 ) 8 8 6-8 6 1 1 20 AUGUST 1975 RRCRII� ED MR. PAUL WILLIAMS, PLANNING DIRECTOR AUG Z21975 CITY OF PALM DESERT 45275 PRICKLY PEAR LANE �� .<` 'r'ES PALM DESERT, CALIFORNIA JOB NO. 1659 - TRACT NO. 4489 - RECORD MAP SUBMISSION CONDITIONS N0. 20 AND 21 OF THE APPROVAL OF TRACT NO. 4489 BY THE CITY OF PALM DESERT REQUIRE THE DEDICATION OF A BICYCLE PATH AND LANDSCAPING EASEMENT ALONG THE FRONTAGE OF THE PROPERTY ADJACENT TO HIGHWAY 111 . WE HAVE REVIEWED THIS REQUIREMENT WITH THE CITY ATTORNEY, MR. DAVID ERWIN, AND ARE SUBMITTING FOR YOUR REVIEW AND APPROVAL THE FOLLOWING DOCUMENTS: 1 . THREE COPIES OF THE RECORD MAP OF PROPOSED TRACT NO. 4489, UPON WHICH WE HAVE DELINEATED A PROPOSED EASEMENT FOR LANDSCAPING AND BICYCLE PATH PURPOSES WHICH, IN THE OWNER 'S CERTIFICATE, IS OFFERED FOR DEDICATION TO THE CITY OF PALM DESERT AND IN THE CERTIFICATE OF THE CITY OF PALM DESERT, ACCEPTED. 2. WE HAVE ENCLOSED THREE COPIES OF A LEGAL DESCRIPTION AND PLAT WHICH DEFINES A SIMILAR EASEMENT OVER THE NOW RECORDED TRACT NO. 4489-1 . WE WOULD APPRECIATE YOUR REVIEW AND CONCURRENCE IN DEFINING THIS EASEMENT, AND, IF SATISFACTORY, THE PREPARATION OF AN EASEMENT DEED, SATISFACTORY TO THE CITY OF PALM DESERT FOR EXECUTION BY THE RECORD OWNERS OF TRACT N0. 4489-1 . HUGH E. HALDERMAN HEH:JI ENC. CC: DAVID ERWIN, CITY ATTORNEY MORSTAN DEVELOPMENT CD., INC. RALPH C. WINTRODE ASSOCIATES: JENNINGS ENG.Co.,Los Angeles 0 JENNINGS-MCDERMOTT&HEISS ENG.Co.,San Jose JOB No. 1659 EASEMENT FOR BICYCLE PATH AND LANDSCAPING PURPOSES THAT PORTION OF LOT 75 OF TRACT NO. 4489-1 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP RECORDED IN BOOK 79, PAGES 38 THROUGH 41 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 75; THENCE ALONG THE NORTH- EASTERLY BOUNDARY OF SAID LOT NORTH 31 ' 07' 12" WEST 522.18 FEET TO AN ANGLE POINT IN THE NORTHERLY LINE OF SAID LOT THENCE ALONG SAID NORTHERLY LINE N0RTH .60° 56' 2$` WEST 10.05 FEET; THENCE-_PARALLEL- WITH SA9D .NORTHEASTERLY BOUNDARY f SOUTH 31 ' 07' 12" EAST 93.00 FEET; THENCE AT RIGHT ANGLES SOUTH 580 52' 48" WEST . 2.00 FEET; THENCE PARALLEL WITH SAID NORTHEASTERLY BOUNDARY SOUTH 310 071 12" EAST 60.00 FEET; THENCE SOUTH 26' 49' 08" EAST 80.00 FEET; THENCE SOUTH 34° 56' 33" EAST 120.00 FEET TO A LINE PARALLEL WITH AND. DISTANT SOUTHWESTERLY 5.00 FEET FROM SAID NORTHEASTERLY BOUNDARY; THENCE ALONG SAID PARALLEL LINE SOUTH 31 ' 07' 12" EAST 40.00 FEET; THENCE SOUTH 26' 40' 32" EAST 51 .62 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHWESTERLY 9.00 FEET FROM SAID NORTHEASTERLY BOUNDARY; THENCE ALONG SAID PARALLEL LINE SOUTH 31 ' 07' 12" EAST 86.94 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 75; THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 58' 52' 48" EAST 9.00 FEET TO THE POINT OF BEGINNING. JENNINGS-HALDERMAN-HOOD 19 AUGUST 1975 CJH:j1 S .rr,E 7' C A/ T O AI C' e O N Y ,4 L FGA L OES CAP / � T / O /V • f��PEf'A.PEO Fob'•' MOrPST,4N OE!/ELOP�filE/VT �� /25/ A�/Ei(/U,E OF THE AMEip/OAS Yo,P,- PRE.o.9?EO J3X I SCA L E� v,ENN/NHS-.�/.9L OE.pi(iJAN HDo,D .�?0.�3 -,t/�oSTSDUTyE.95TE�PLY O COIi'ic%ER CDT 75 7 F-4CT D �(1 I/vo All NE L y/.30Uit/0.4.2 S� GOT 75� TR 9�89 � � W N3/`0712!�/ 0 �, N � oil o� LAN.OS�•gP/NG' PUR/�a5.E5 � N q1 O!/EiP POST/Oit/ a,,-- LOT 7S Al 8-/9-7.5 ./013 N- /6S9 REGISTERED CIVIL ENGINEERS JENNINGS • HALDERMAN • HOOD A CORPORATION 2001 EAST FOURTH STREET, SUITE 200 , SANTA ANA , CALIFORNIA 92706 ( 714 ) 835-3611 4 AUGUST 1975RECEi G' t AD AUG u fia ��► w,.��ICES C" Of RI MR. SAM FREED DEPARTMENT OF PLANNING CITY OF PALM DESERT _�-- 45275 PRICKLEY PEAR LANE =` PALM DESERT, CALIFORNIA JOB NO. 1659 — TRACT NO. 4489 — TRANSMITTAL OF RECORD MAP WE HAVE ENCLOSED E COPY OF THE RECORD MAP OF PROPOSED TRACT NO $9 FOR YOUR INFORMATION. TH BEEN SUBMITTED TO T OF RIVERSIDE FOR CHECKING AND REVIEW.7 AND TO THE SECURITY TITLE INSURANCE COMPANY OF RIVERSIDE FOR THE ISSUANCE OF A PRELIMINARY SUBDIVISION REPORT. PLEASE ADVISE US IF YOU NEED FURTHER INFORMATION OR ADDITIONAL COPIES OF THE MAP FOR PROCESSING OF THIS SUBDIVISION TO RECORDATION. HUGH E. HALDERMAN HEH:UI ENC. CC: MORSTAN DEVELOPMENT COMPANY, INC. ASSOCIATES: JENNINGs ENG.Co.,Los Angeles 9 JENNINGs-MCDERMOTT&HEISS ENG.CO.,San Jose R (C j6AL AMJ 45-275 Prickly Pear Lane P.O. Box 1648 Palm Desert, Ca. 92260 Ph. 346-0611 July 17, 1975 Jennings, Hallerman, Hood 2001 East 4th Street Suite 200 Santa Anna, C. A. 92705 Dear Mr. Cliff HoocL• . Enclosed please find latest conditions of approval f r Tract 4489. Please contact Mr. Lee Flint, County of Riverside Surveyor's fice (714) 787-2531) for the processing procedures for filing_,of the final map. Sincerly, Sam Freed Assistant Planner Dept, of E. S. Ste. r-_4 F ' ru, _EE�- ,�w ;�9{ tsyW� t� � k :.k�a L S kip lb ftEAtTOR 74-133 EL PASEO, PALM DESERT, CA. 92260 - (714) 346-3878 June 27, 1975 RECEIVED Mr. R. Bruce Robertson Vice-President J U N 3 0 1975 Yorstan Development Company, Inc. 1251 Avenue of the Americas ENVIRO VO4AL WVICES New York, N.Y. 10020 CRY OF !PALM GESM Dear Mr. Robertson: I am very much interested in your plans because I think your location is good for the purpose and because I think a facility such as you propose is needed in Palm Desert. Since I am now a member of the Planning Cnunission, I wish to confine my interest and our relationship to one of being helpful in any way I can to insure a proper development of the land. Anything other than this would be a conflict of interest, so I do not choose to pursue any business relationship. If you need to secure a leasing and management consultant or agent at this time, I am sure you can find a capable firm. My reaction to the site plan is that the commercial area is not tied in closely enough with the hotel. The entrance from 44th Avenue directly to the com>•riercial area will result in patronage which has no relationship or exposure to the hotel The appearance is one of separation and independ- ence from the hotel rather than one of ancillary convenience corcial use. Thus, opposition from the El Paseo merchants is likely and it would not be in conformance with the proposed zone for your property. In my opinion sane relocation of the hotel and commercial areas is necessary to provide for a much closer relationship and intermingling of hotel and commercial traffic, both pedestrian and vehicular. I have discussed this with Paul Williams, Director of Environmental Services and he is in agreement that you will be well advised to consider and present alternative site plans. Sincerely, HMS KE..AL�/�� GEORGE V. BERK1;'Y, Chief Executive GVB:kc PALAA DESERT INDIO PALM SPRINGS A Division of HMS General Corporation 45.275 Prickly Pear Lane P.O. Box 1648 Palm Desert, Ca. 92260 Ph.346-0611 December 18, 1974 Mr. Russell Kruse Gibson, Dunn & Crutcher Newport Financial Plaza 550 Newport Center Drive Newport Beach, California 92660 Dear Mr. Kruse : In response to your letter of December 11, 1974, I have gathered the following information: 1. The zoning ordinance currently in use by the City of Palm Desert was adopted on November 26, 1973 , while the Cove Com- munities General Plan was adopted December 13, 1973 . 2. Both the General Plan and zoning ordinance were adopted as urgency ordinances . Notices announcing the City Council meetings on December 13 and .'.November 26 were posted in three public places (Public Library, Post Office, and City Hall bulletin board) . Since they were urgency ordinances , they took effect i=ediately. The adopted ordinances were also posted in the same three public places . 3. These ordinances were considered to be primarily interim in nature and to provide an emergency continuation of control and were therefore, considered to be exempt from the provi- sions of CEQA. The City is currently preparing its own Gen- eral Plan, zoning ordinance, subdivision regulations , etc . , and has prepared an EIR for them. If I have forgotten anything, or you wish additional information, please call . Sincerely yours , Paul A. Williams Director of Environmental Services PAW/kcw 1 GIBSON, DUNN & CRUTCHER LOS ANGELES LAWYERS JAS.A.GIBSON,1852-1922 SIS SOUTH FLOWER STREET W.E.DUN N,1861-1925 LOS ANGELES,CA LIFORNIA 90071 NEWPORT FINANCIAL PLAZA ALBERT CRUTCHER,1860-1931 (213)488-7000 550 NEWPORT CENTER DRIVE NEWPORT BEACH, CALIF. 92660 fT � EUROPE BEVERLY HILLS (714) 644-2071 - C. 4 RUE SAINT FLORENTIN 75001 PARIS 9601 WILSHIRE BOULEVARD TELEX:67-4930 260-3905 BEVERLY HILLS,CALIFORNIA 90210 CABLE ADDRESS:GIBTRASK PARIS (213)273-6990 CABLE ADDRESS:GIBTRASK TELEX:218O5 December 11, 1974 OUR FILE NUMBER CX 4377-1 Mr. Paul Williams Director of Financial Services City Hall Palm Desert, California 92260 Re: Palm Desert Villas Tract No. 4489; Request for Information Regarding Municipal Action Taken by the City of Palm Desert. Dear Mr. Williams: Our client, Morstan Development Company, ,Inc. , is a joint owner of the above captioned project which is located just west of State Highway 111 in the City of Palm Desert. In speaking with Dave Erwin about various zoning matters affecting the project, your name was provided as the person most knowledgeable about various municipal actions taken by the City of Palm Desert since its incor- poration. With respect to the captioned project, would you please provide the following information: 1. The dates of the adoption of both the general plan and the zoning ordinance; 2. The notice and hearing procedures followed with respect to the adoption of the general plan and zoning ordinance by the planning commission and the city council; and 3. Whether an environmental impact report or any other notice under the California Environmental Quality Act was filed pursuant to the enactment of the zoning ordinance. I would appreciate the provision of the foregoing information at your earliest convenience. Should you have Mr. Paul Williams December 10 , 1974 Page Two any questions regarding the foregoing, please do not hesitate to call me. Very truly yours, M. Russell Kruse for Gibson, Dunn & Crutcher MRK/sf cc: Dave Erwin G �. 45-275 Prickly Pear Lane P.O. Box 1648 Palm Desert, Ca. 92260 Ph. 346.0611 November 14 , 1.974 Mr. Ralph C. Wintrode Gibson ,. Dunn & Crutcher 550 Newport Center Drive Newport Beach , California 92660 Re : TRACT f o . 4489` Dear Mr. Wintrode: We had complied with the letter, but had mistakenly sent the copy to Morstan Development in New York. Our apolo- gies. Yours truly , Samuel G. Freed Assistant Planner SGF/kcw attach . NU ICE UP E,xEMPTIUN T,f): ccmnty -Clerk.Is Off ir - FROM: CITY OF PALM DLSI,',[\'.T F-. 0. Box 131 ' Riverside, Calif. 92502 Project Title: PALM DFSFRT VTLLA-.;/- Tract N,. 448,P Project Loca-tion West of St.--!tc flli�,11c%,,Iv 111. and sou of i-jest' r].%, extension of Avenue 44 Projecil-, Location - City Project Location C )un 1-Y PALIM DESERT RTVEPSIT)II Description L)--,' i;arura, iiirpoc-se, and Peneficiarics of Prcjoct: Request for second extension of time (one year) in which to file final map on Condcminiurii project. 113=e of Public A.—ncy t,.pprovin- project: CITY OF PALM, DESERT Mine of Person Or AZ2,-,cy Carrying Out Project: MORSTAIN DEVELOP'NENT COMPANY Exempt Status: Cceck one) XMinistlerial (Sec. 15073) Declared E-ergency (Sec. 15071 Emergency Project (Sec. 15071 (b) and (c)) Categorical Exemption. State type and section number: Reasons -why project is exempt: Project was started prior to the effective date of CEQA and is therefore exempted as an on-going project. Contact Person Area Code Telephone Extension SAM FREED ------- (714) 346-0611 If fi-led by appLicant : 1. Attach certified do-c=, ent, Of exemption finding. 2. Has a notice of exempticn been filed by the public agency approving' the project? Yes No Date Filed: Sam Freed OCTOBER 15, 1974 Signature Assistant Planner Title PLANNING COMMISSION COUNTY " :- = OF ELMER M. KATZENSTEIN,Chairman,Rubidoux RUSSELL E.CAMPBELL,Blythe Cj RIVERSIDE ..11A V.:-issa KAY S.CENICEROS,Hemet MARION V.ASHLEY,Perris JESS E.LILLIBRIDGE,Corona KAY H.OLESEN,Palm Desert HAZEL I.EVENSEN,Planning WM.G.ALDRIDGE,San Jacinto Commission Administrative Secretary A. E. NEWCOMB — PLANNING DIRECTOR DJL•59092 4080 LEMON STREET, ROOM 101, RIVERSIDE, CALIFORNIA 92501 TELEPHONE (714) 787-6181 i October 23, 1974 <f:XPam. C of P lm SpriI Plannin a2"finent P. 0. _ 17 P Springs, CA 92262 SUBJECT: Tract <4489 Gentlemen: Attached are copies of letters regarding Tract No. 4489. This tract was originally filed with the Riverside County Planning Department. Subsequently, the land was annexed by the City of Palm Springs and copies of the original file..were transmitted to your office. This correspondence is forwarded to update your files. Yours very truly, RIVERSIDE COUNTY PLANNING COMMISSION A. E. Newcomb - Planning Director Je"�� 0 1"e' Dennis J. Lo y - Pl ner II DJL:ebr Enclosures a 1 A r ' GIBSON, DUNN & CRUTCHER LO$A_NGELES LAWYERS JAS.A.G1850N,1852-1922 SI5 SOO'H FLOWER STREET W.E.DUNN,1861-19213 LOS ANGELES.CAUFORNIA 90071 NEWPORT FINANCIAL PLAZA ALBERT CRUTC f1 ER.1860-1931 121.31 486-7000 550 NEWPORT CENTER DRIVE NEWPORT BEACH, CALIF. 92660 E_URO_PE B£VERV H�L 1.S (714) 644-2071 4 RUE SAINT FLORENTIN 75001 1An1S 9601 VI-SHIRE BOULEVARD TELEX:67-4930 260-3905 8E:'ER'T HILLS,CALIFORNIA 90210 CABLE ADDRESS G1BTPASk PARIS t2131 27 -6990 CABLE ADDRESS'.GISTRASK TELEX:Z1805 OUR FILE NUMBER CX 4377-1 October 21, 1974 1 i 1 e\ — Ilij- Mr. Keith D. Downs OCT 2 .., 1`974 Associate Planner ki,L.<,„)E C'A,1 ,11'Y 46-209 Oasis Street, Room 304 PLANNlNO COMIAIS310N Indio, California 92201 ►DE,SERT OFFICE Dear Mr. Downs: Enclosed is a letter from Morgan-Mitsubishi Development Company withdrawing the filing made on March 28, 1974 with regard to tract 4489. If you have any questions regarding the withdrawal, please call me. Very truly yours , 0 � Ralph C. Wintrode RCW:cbd Enc. MORGAN-MITSUBISHI DEVELOPMENT CO. c/o Morstan Development Company, Inc. 1251 Avenue of the Americas New York , New York 10020 October 18 , 1974 �/7,� 1i:1 P City Council c/o Planning Department OCI 4' J. i`. i t County of Riverside Palm Desert, California RIVET<>;UL PLANNING COMJOIS510N l?kSkKT' OFFICE Gentlemen: On March 28 , 1974 the undersigned, Morgan-Mitsubishi Development Co. ( "MMDC" herein) refiled tentative tract 4489 for processing with respect to the areas not covered by tract 4489-1. As mentioned in the transmittal letter accompanying the filing, MMDC reserved the right to continue processing tentative tract 4489 as originally filed with the County of Riverside and approved by the Board of Supervisors of the County of Riverside. This was done and on September 26 , 1974 the City of Palm Desert extended tentative tract 4489 to September of 1975 . Accordingly, we request that the filing made on March 28 , 1974 be withdrawn and no further action taken with respect to such filing. Very truly yours , MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTAN DEVELOPMENT COMPANY, INC. by: mas C. Melzer, Pre ident RCW:cbd cc: Mr. David J. Erwin Erwin, Anderholt & Scherotter City Attorney of Palm Desert Notice of Exemption J Appendix E TO: County Clerk' s Of f ic;,:,- FROM: CITY OF PALM DESERT p, Y. 0. Box 431 Riverside, Calif. 92502 Project Title: PALM DESERT VILLAS L- Tract No. 44 Project Location - Specific: West of State Highway 111 and sou of o-Leafer1 ° extension of Avenue 44 Project Location - City Project Location - County PALM DESERT RIVERSIDE Description of i;ature, Purpose, and Beneficiaries of Project: Request for second extension of time (one year) in which to file final map on Condominium project. Na=e of 11ublic Agency Approving Project: , CITY OF PALM DESERT Name of Person or Agency Carrying Out Project: MORSTAN DEVELOPMENT COMPANY Exempt Status: Check one) X Ministerial (Sec. 15073) Declared Emergency (Sec. 15071 (a)) Emergency Project (Sec. 15071 (b) and (c)) Categorical Exemption. State type and section number: Reasons my project is exempt: Project was started prior to the effective date of CEQA and is therefore exempted as an on-going project. Contact Person Area Code Telephone Extension SAM FREED (714) 346-0611 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Filed: Sam Freed OCTOBER 15, 1974 Signature Title Assistant Planner • October, 2 , 1974 TC From Russ Cruz of Gibson, Dun and Krutcher Will be receiving a notice shortly in the mail re this Palm Desert But Building thingie. There is a wrong citation: Business & Professions Code §11611 should read §11554 y� 6 ERWIN,AN DER HOLT & SCHEROTTERf ^:. ^„ A PROFESSIONAL LAW CORPORATION ` DAVID J ERWIN - 81-711 HIGHWAY III �}y"f' �,;- AREA CODE 714 J.JOHN ANDERHOLT Lj l� �" POST OFFICE DRAWER H ^ �` 347-0606 GARY SCHEROTTER 345-1622 JEFFER.Y S.R.PATTERSON INDIO,CALIFORNIA 92201 _ MICHAEL J.ANDELSON E._,_, "0"9•'a i October 4, 1974 City of Palm Desert P. O. Box 1648 Palm Desert, California 92260 ATTENTION: Paul Williams Dear Paul: Enclosed please find a photocopy of a letter from Ralph Wintrode together with a photocopy of his enclosure, for your appropriate action. Yours very truly, DA TD J. ERWIN DJTJ : s s encl. GIBSON, DUNN &. CRUTCHER LOS ANGELES LAWYERS d1_ JAS.A.DUN N,1 61-19 S ' W.E.DUNN,1861-1925 515 SOUTH FLOWER STREET NEWPORT FINANCIAL PLAZA S - ALBERT CRUTCHER,1860-1931 LOS ANGELES,CALIFORNIA 90071 (2131 488-7000 550 NEWPORT CENTER DRIVE NEWPORT BEACH, CALIF. 92660 EUROPE BEVERLY HILLS (714) 644-2071 4 RUE SAINT FLORENTIN 75001 PARIS 9601 WILS HIRE BOULEVARD TELEX:67-4930 260-3905 BEVERLY HILLS,CALIFORNIA 90210 CABLE ADDRESS:GI9TRASK PARIS (213)273-6990 CABLE ADDRESS:GIBTRASK TELEX:21805 OUR FILE NUMBER CX 4377-1 October 1, 1974 Mr. David J. Erwin Erwin, Anderholt & Scherotter 81-711 Highway 111, Suite 203 Indio, California 92201 Dear Dave: I am enclosing a Notice of Non-Application of California Environmental Act. I believe this notice should come from Paul Williams, Director of Environmental Services and he should be the contact person. Mr. Williams should execute and file the form as required by the California Environmental Quality Act. I would appre- ciate receiving a copy of the executed notice as so filed as soon as it is available. Please note that a copy should also be filed with the City Council, which is the public agency that took the described action. If you have any questions, please call me. Very truly yours, 1 � Ralph C. Wintrode RCW:cbd Enc. - 2 copies of Notice i y NOTICE OF NON-APPLICATION OF CALIFORNIA ENVIRONMENTAL QUALITY ACT TO: County Clerk FROM: City of Palm Desert County of Riverside Riverside County P. 0. Box 431 Paul Williams , Director .of Riverside, California 92502 Environmental Services City Hall Palm Desert, California 92260 Project Title: Palm Desert Villas. Project Location - Speci-.i.c : Hight•.7ay 111; as shown on Riverside County Tentative Tract Map No. 4489. Project Location - City: Palm Desert. Project Location - County: Riverside. Description of Nature, Purpose, and Beneficiaries of Project: The project is an attached multi-phased planned unit development for residential purposes. Morstan Development Company, Inc. is the developer of the project. Name of Public Agency Approving Project: City of Palm Desert, City Council. Name of Person Carrying Out Project: Morstan Development Company, Inc. Action Taken by Public Agency: Approval by Palm Desert City Council of a 1 year extension until September 21 , 1975 for the validity of Tentative Tract Map. No. 4489 originally granted by the County of Riverside. Authority for Filing Notice: This notice is being filed pursuant tc Title 'L %aiiiGinla Ad,«IllisziatLvc Cede i5Cis7 which allows a public agency to provide notice that the California Environmental Quality Act has no application to a specific, designated activity. Reference is made to that information contained in the case of Concerned Citizens of Palm Desert, Inc. v. Board of Supervisors (1974) , 38 Cal.App. 3d 257 as well as the authority provided by California Business and Professions Code § -l� and City of Palm Desert Ordinance No. 12 for the extension of time for the validity of a tract map. Contact Person: Paul Williams , see above address . This notice has been filed by the public agency which has taken the action described above. Date filed: Signature Title J NOTICE OF ACTION BY CITY COUNCIL T2. C/L( CITY OF PALM DESERT, STATE OF CALIFORNIA Morgan-Mitsubishi Development Co. RE: c/o Morstan Development Company, Inc. 1251 Avenue of the Americas New York, New York 10020 ACTION: XXX Approved, subject to additional conditions Denied Continued Other REMARKS: Roll Call resulted as follows: Ayes: ASTON, BENSON, BRUSH, MC PHERSON, CLARK Noes: Absent: I hereby certify that the foregoing is a full, true and correct copy of an order made and entered on September 26, 1 Page 2 , 3 ,4 of City Council Minutes Deputy Cler , of the City Council in and for the City of Palm Desert, cc: Ralph Wintrode State of California c/o Gibson, Dunn & Crutcher 550 Newport Center Drive Newport Beach, Calif . 92660 ADDITIONAL CONDITIONS OF APPROVAL TRACT NO. 4489 16. The developer shall enter into a future agreement with tale City of Palm Desert to pay for 1/4 of the cost of the in- stallation of a traffic signal system at the intersection of Highway 111 and 44th Avenue. Said agreement shall be written in a manner acceptable to the City Attorney. Said agreement shall be filed and accepted with the City prior to the recordation of any subsequent units of this tract. 17. In a manner acceptable to the City Traffic 1;n ineer and as a part of the public improvements of any subsequent phase, the developer shall install standard stop signs at all in- tersections of the private driveways with public streets. 18. In a manner acceptable to the City Road Department , all driveway intersections with public streets shall be perpen- dicular to the public streets and adequate line-of-site shall be established at all intersections. 19. In a manner acceptable to the County Road Department and as a part of any subsequent unit , the required public improve- ments shall include a temporary cul-de-sac to be installed at the easterly terminus of Painters Path. 20. As a part of the development of any subsequent phase of this tentative map, the developer shall provide plans and construct a bicycle path and landscape buffer including mounding as ap- proved by the Architectural Review Board within the unused right-of :ay and the area between the northerly property line of the subject property and the street shown as street "c" on the tentative Map for the full frontage of the subject property on Highway 111 . Said bicycle path and landscape buffer shall also be extended along the Highway 111 frontage including the unused right-of-way for depth of 20 feet in the proposed vehicle storage area located* at the northeast cor- ner of the subject property. In no event shall the required bicycle path and landscape buffer be a minimum of 22 feet in depth. The plans for the proposed system (bicycle path/ landscape buffer) shall be submitted as a part of the plans for the first building permit application on the subject prop- erty. 21. An easement in the form acceptable to the City Attorney shall be granted to the City as a part of any subsequent phase of this tentative map for the public use of the required bicycle path described in Condition No. 20, when said path is located on any portion of the subject property. 22. ' The applicant and/or any subsequent Home Owners Association shall be responsible for the maintenance of the bicycle path and landscape buffer to be installed along Highway 111. E I R FOP IVI /f 7 CITY OF PALM DESERT NOTICE OF DETERMINATION Case No. TRACT 4489/CUP-1371 Applicant: _ Morgan-Mitsubishi c/o Morstan Development Comnanv. Inc._ -- 1251 Avenue of the America New York New York 10020 Description of Project: 248-unit condominium project on 30 acres south of Avenue 44, west of State Highway ill. E. I. R. City Council Action E. I. R. Required Yes X No Date: December , 1971 If yes, Date: Draft E. I. R. Received October 30, 1972 Submitted for Corrections Submitted to Consultant Draft E. I. R. Circulated December 18, 1972 Notice of Completion Sent to Secretary of Resources Agency Draft E. I. R. Considered by :City Council City Council Action: Consideration of Draft E. I. R. _ -Date: September 26, 1974 City Council approved one year extension in which Action: to file final map._ Final Action on Project: Date: September 30, 1974 Action: Date Filed with County Clerk CC.*. File V Applicant J J ' MEMORANDUM September 23, 1974 To: Honorable Mayor and Members of the City Council From: Harvey L. Hurlburt , City Manager Re: REQUEST FOR AN EXTENSION OF TIME - TRACT NO. 4489 A request for a second extension of time for Tract No. 4489, "Eagle Development" , is scheduled for public hearing on Septem- ber 26, 1974. The purpose of this memo is to establish additional recommended conditions to be attached to this requested extension. When this matter was originally approved by the Board of Super- visors on ::larch 21 , 1972, the attached 15 conditions were applied to that approval. Subsequent to that approval , the County Planning Commission granted an extension of time for the tentative map to September 21, 1974. This extension of time was granted August 9, 1973. In March, 1974, the owners of this property requested an extension of this tract to the City and I responded with a letter indicating that all existing subdivisions were null and void in- the City unless substantial construction was started. It was my understanding at that time that a new tentative tract would be processed through the City. Subsequent to that time it was found that the first unit of Tract No. 4489 had been recorded on November 2, 1973 and grading had been completed on the site and utilities had been extended into the tract . Based upon this substantial construction , it was deemed by the City Attorney that the subdivision was not null and void and a time extension on the remainder of the tract could be considered by the City of Palm Desert . Attached is a copy of the recorded unit of this subdivision. On August 13, the Director of Environ- mental Services received a letter requesting an extension of this tract for an additional one-year period. Under the provisions of the State 11.1ap Act , when a consideration of a time extension on a tentative map occurs , the Council may con- sider additional conditions to be attached to the approval of the time extension. On that basis , I would recommend approval of the extension of time for an additional one-year period to September 12 , 1975 for recordation of the final map on this project subject to the original conditions of approval and the following additional conditions. Justification for this approval would be conformance of the map to the existing zoning of R-2-5000 and conformance of the tentative map to the adopted General Plan and to all require- ments of the Subdivision Ordinance of the City. Recently, the Director of Environmental Services met with the representatives of the owners of this property to discuss the ex- tension of this tentative map. The main concern of this discussion was the conformance of this tentative map to the recently adopted Mayor and City Council -2- September 23, 1974 Core Area Plan. The discussion revealed that the applicant , .in addition to recording the first phase of this tract , had also in- stalled all required improvements on the adjacent public streets, completely graded and established pads for the proposed units on the total property, and have installed all utility lines within the total project . Based upon these improvements, the applicants are of the opinion the existing Conditional Use Permit on this property has been made permanent . However, due to market condi- tions , the applicant feels that the project as approved, does not appear feasible and is therefore, proposing at some later date to revise the total development . Since the applicant has installed substantial improvements, they feel that they :rust request the ex- tension of the tentative map at this time to -guarantee the monies that have been spent hereto, on this project . The City Staff is of the opinion that the developer has a valid point and should not , unless the applicant proposes, be required to totally revise their project. However, with regards to the Core Area Plan, the applicant should be required to provide for the installation of the indicated bi- cycle/landscape buffer along Highway 111. The applicant appears to be willing to do this at his own expense. Therefore , the recom- mended additional conditions of approval do specify the installa- tion of the bicycle path and landscape buffer along Highway 111 as a part of any subsequent phase. HLH/kcw attach. cc: R. Wintrode Gibson, Dunn & Crutcher 550 Newport Center Drive Newport Beach, California 92660 ADDITIONAL CONDITIONS OF APPROVAL 16. The developer shall enter into a future agreement with the City of Palm Desert to pay for 1/4 of the cost of the in- stallation of a traffic signal system at the intersection of Highway 111 and 44th Avenue. Said agreement shall be written in a manner acceptable to the City Attorney. Said agreement shall be filed and accepted with the City prior to the recordation of any subsequent units of this tract . 17. In a manner acceptable to the City Traffic Engineer and as a part of the public improvements of any subsequent phase, the developer shall install standard stop signs at all in- tersections of the private driveways with public streets. 18. In a manner acceptable to the City Road Department , all driveway intersections with public streets shall be perpen- dicular to the public streets and adequate line-of-site shall be established at all intersections . 19. In a manner acceptable to the County Road Department and as a part of any subsequent unit , the required public improve- ments shall include a temporary cul-de-sac to be installed at. the easterly terminus of Painters Path. 20. As a part of the development of any subsequent phase of this tentative map, the developer shall provide plans and construct a bicycle path and landscape buffer including mounding as _ap- proved by the Architectural Review Board within the unused right-of-rvay and the ar a between the northerly property line of the subject property and the street shown as street "c" on the tentative map for the full frontage of the subject property on Highway 111 . Said bicycle path and landscape buffer shall also be extended along the Highway 111 frontage including the unused right-of-way _for depth of 20 feet in the proposed vehicle storage area located at the northeast cor- ner of the subject property. In no event shall the required bicycle path and landscape buffer be a minimum of 22 feet in depth. The plans for the proposed system (bicycle path/ landscape buffer) shall be submitted as a part of the plans for the first building permit application on the subject prop- erty. 21. An easement in the form acceptable to the City Attorney shall be granted to the City as a part of any subsequent phase of this tentative map for the public use of the required bicycle path described in Condition No. 20, when said path is located on any portion of the subject property. 22. TLe applicant and/or any subsequent Home Owners Association shall be responsible for the maintenance of the bicycle path and landscape buffer to be installed along Highway 111. i GIBSON, DUNN & CRUTCHEtR\'a LOS ANGELES LAWYERS (`+;�'� (`�� '.py JAS.A.GIBSON,1852-1922 515 SOUTH FLOWER STREET NEWPORT FINANCIAL PLAZA °J "' 1"�e ALBERT CRUTCHER,11860—I93I LOS ANGELES,CALIFORNIA 90071 (213)488-7000 550 NEWPORT CENTER DRIVE _ NEWPORT BEACH, CALIF. 92660 ' ' "" a, EUROPE B EVERLY HILLS (714) 644-2071 4 RUE SAINT FLORENTIN 0 PARTS 9601 WILSHIRE BOULEVARD 7 - TELEX:67-4930 26 260-3905 BEVERLY HILLS,CALIFORNIA 90210 CABLE ADDRESS:GIBTRASK PARIS (213)273-6990 CABLE ADDRESS:GIBTRASK TELEX:21805 OUR FILE NUMBER CX 4377-1 September 12 , 1974 Mr. Paul A. Williams Director of Environmental Services City Hall Palm Desert, California 9226.0 Dear Mr. Williams: Confirming our telephone conversation of September 5, 1974 on behalf of our client, Morgan-Mitsubishi Development Co. , we request that our request for extension regarding the remainder of Tentative Tract Map 4489 not be held at the council meeting on September 12 , 1974, but be postponed to September 26 , 1974. Ver truly yours , )L l I L 6 Ralph Cl. Wintrode RCW:cbd c_ TRACT 4489 NOTICE OF PUBLIC HEARING Pursuant to Section 4. 12 of Ordinance Number 460 Regulating Subdivisions , notice is hereby given that a public Hearing shall be held before the Palm Desert City Council to consider a request for a second extension of time for the filing of a final map on Tract 4489 owned by Morgan-Mitsubishi Development Company for a 248-unit con- dominium project on 30. 5 acres of land bounded by Avenue 44 on the north, Painters Path on the west , Palm Valley Channel on the south, and State Highway 111 to the east. Said hearing shall be held on September 12 , 1974 , at 7: 00 P.M. in the Multi-Purpose Room of the Palm Desert Middle School , 74-100 Rutledge Way, Palm Desert , California at which time and place pertinent .testimony will be heard. Harvey L. Hurlburt , City Clerk City of Palm Desert MEMORANDUM August 30, 1974 To: Vary Painter From: Sam Freed Re: City Council Agenda - September 12 "CASE NO. TRACT 4489 - MORGAN-MITSUBISHI DEVELOPMENT COMPANY - Request for a second extension of time (until September 12 , 1975) to file the final map on a 248-unit condomin- ium project on 30. 5 acres of land bounded by Avenue 44 on the north, Painters Path on the west, Palm Valley Channel on the south, and State Highway 111 to the east" . Recommendation: Approval subject to additional conditions Action: 1 GIBSON, DUNN & CRUTCHER LOS ANG ELES LAWYERS f'"a i�,�.,.+ i /E:.,j, A.GI BSON,1862-1922 515 SOUTH FLOWER STREET W.E.DUNK,I R,1 25 LOS ANGELES,CALIFORNIA 90071 NEWPORT FINANCIAL PLAZA ALBERT CRUTCHER,1860-193I (213)488-7000 550 NEWPORT CENTER DRIVE AUG19 1974 NEWPORT BEACH, CALIF. 92660 [fin f'S 1.1 c[' (� '�t,/ { ,'y PALL". DESERT Ci-I i f PILE SAINT ROFLORENTIN BEVERLY HILLS PE (714) 644-2071 75001 PARIS 9601 WILSHIRE BOULEVARD TELEX:67-4930 742-1951 BEVERLY HILLS,CALIFORNIA 90210 CABLE AD D RESS:GIBTRASK PARIS (213)273-6990 CABLE ADDRESS:GIBTRASK TELEX:21805 OUR FILE NUMBER CX 4377-1 August .13, 1974 Mr. Paul A. Williams Director of Environmental Services City Hall Palm Desert, California 92260 . Dear Mr. Williams: I spoke with Dave Erwin regarding fi for an extension of time for Tentative act No. 44.89 . He suggested that I send a request .for ex ension directly to you which I have enclosed herewith. I should also point out that on March 28, 1974 .Morgan- Mitsubishi. Development Company delivered a request for extension to the City Council. This request was not .acted upon as there was some uncertainty regarding the status of Tentative Tract No. 4489 as it was originally approved by the County of Riverside and in existence at the time the City of Palm Desert was incorporated. I believe Mr. Erwin can fill you in on the current thinking with regard to. the status of the tentative tract map. I would hope that the enclosed request for an extension or, if you prefer, the prior request from our client . would be considered by the Council at the meeting to be held on August 22 , .1974 . A copy of the prior request is enclosed for your information. If you have questions regarding this matter, please feel free to call me. . Very truly yours, Ra1QPl C. Wintrode RCW: cbd Encs. cc: Mr. David J. Erwin Mr. Thomas C. Melzer GIBSON, DUNN & CRUTCHER LOS ANGELES LAWYERS JAS.A.GIBSON,1852-1922 515 SOUTH FLOWER STREET W.E.DUNN,1861-1925 LOS ANGELES,CALIFORNIA 90071 NEWPORT FINANCIAL PLAZA ALBERT CRUTCHER,1860-1931 (213)488-7000 SSO NEWPORT CENTER DRIVE NEWPORT BEACH,CALIF. 92660 EUROPE BEVERLY HILLS (714) 644-2071 4 RU E750010N1T PFA,LRISEN TIN 9601 WILSHIRE BOULEVARD TELEX:67-4930 742-1951 BEVERLY HILLS,CALIFORNIA 90210 CABLE ADDRESS:GIBTRASK PARIS (213)273-6990 CABLE ADDRESS:GIBTRASK TELEX:21805 OUR FILE NUMBER CX 4377-1 August 13, .1974 City Council City Hall Palm Desert, ,California Attention: Mr. Paul A. Williams Director of Environmental Services Gentlemen: We represent Morgan-Mitsubishi Development Company, which .is the owner of Tract .4489-1 and the remainder of Tentative Tract No. 4489. We hereby request an extension of one additional year for filing a final tract map with .respect to all or a portion of Tract 44.89-1. We understand that if this extension is granted, ,the expiration date for the remainder of Tentative Tract 4489 will be September 21, 1975. Very truly yours , �. Ralph .C. Wintrode for GIBSON, DUNN & CRUTCHER RCW:cbd MORGAN-MITSUBISHI DEVELOPMENT CO. c/o Morstan Development Company, Inc. 1251 Avenue of the Americas New York, New York 10020 March 28 , 1974 City Council Palm Desert, California Gentlemen: Morgan-Mitsubishi .Development Co. is the owner of Tract No. 4489-1 and the remainder of Tentative Tract No. 4489. In accordance with Article 5 , Section 5. 16 of the Riverside Subdivision Code, as adopted by the City of Palm Desert, we hereby request an extension of one additional year for the tract map regarding Tentative Tract No. 4489 . We understand that if this approval is granted, the expiration date of the remainder of Tentative Tract No. 4489 will be September 21 , 1975. MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTAN DEVELOPMENT COMPANY, INC. by Thomas C. Melzer t SAFECO TITLE INSURANCE COMPANY 3525 14TH STREET, P.O. BOX 111, RIVERSIDE, CALIFORNIA 92501 • (714) 684-1400 �a SAFCCO GOLD SHIELD SUBDIVISION SERVICE TITLE August 5, 1974 flEGEHE The Honorable Board of Supervisors a U G 7 1974 County of Riverside County Courthouse Riverside, California 92501 RIVERSIDE COUNTY PLANNING COMMISSION Attention Clerk of the Board Re: act 4489, econd Extension of Time Gentlemen: The County Planning Commission of the County of Riverside approved the First Extension of Time on the above referenced tract on August 9, 1973. The time allowed in which to record the final map of said proposed subdivision will expire on September 21, 1974. We, therefore, respectfully request you to extend the time in which said Final Map should be placed of record for one (1) year from the date on which said tentative map was to expire. . Sincerely, chard E. Jon Title Officer jvb p NEW`, I � CEow E AUG 12 1914 AUG 0 6 1974 RWERS,Wt �--- ' RIVERSIDE COUNTY pLAMNI G COMM O F IISSION SURVEYOR RECEIVEf AUG - 6 1974 DONALD D. SULLIVAN. ) ) ) i ..( i . ,j.. Of ' •-3.. "Y jet. "it •_ ' 1 t �'' •• •,f' +1 M rw• , ._ w Ar.' �.�. 'r� r. • •' r s- .'4 �( ,L••r'S' F+ P t`r r� : + 4 -•1 r ?' , r� r i + r 1 � ,{ .:�. .+ .I '4..^ ,,A• � 'tI `i/ .. '•,l,V}' ••t4l,r `,•'t•, ! .a�hA +@1 } - •• c A 41t r. a ` .. L, A N N 1, N G- c b m m I s s ( Q.N + p L,� ,�'r r " ,� ?;+ •� " ELMER M. K4rZE145TEIN,'Chairman, Ru►Idov>r ` f.•Q�licia r' 4 a ,•r..�r� �` 'NI 11 1�`0 fi '1 ' MAURICE PCRRY, Vice HeAnsl' A: C. KEI1N, Count Su►oeyot end ~i { " JGSS E. !ILI.hIR14Gf., torono ,a Roao Co•nm4sslone: KAY H.OLF.S:N, Palm Uasert r n FRANK C. SEELEY. County'AsKesso+ t 'tt." ���� r 'T. MILiOROHARRISON, Riverside RAY T. SULLIVAN, JR., County Covnze! HORACE MILLER, Bly,ho r' ` A.• „iv. "'ROEiErZj T. O'CONNELL, Nuevo HAZEL 1, EVENSEN, Secr.ie►y 4 NMI, R. LIVINGSTONE PLANNING NRECTOR 4080 LEIAMN STREET, ROOM 101. RIVERSIOErCALIFORNIA 4=1 AugUSt 9, '1973•' TE1 EC 10N6 Ai iRl ys7.61p1 cce. f/ fihe xonorAble• Bol�k of Supervisors a..J N •Co-Alty of Riverside r ` Com t Haase . Rivcraide,. 'CEalifornln' r, 1 ryS�Ut t1if.`T�s1 ' First `ir�,jn�(t� I�ctonvlori of Time. ` r' ,• S. ti+• ' 4 r ' +r ( . il't iL-I 11 mi 4489 � •{, y a M2Ct I% 'MI' 11A`E: 9s21.•73 a + .. ,,• { :�• - e., L �' ` UVL"r•�7MYXdO1l .At, �/�.rJ'.SLlTU4i Vr3u; Gth • r .. ' � l .•rr.�.���n s r r r k :•Lr �'r . .. �, •h .. '. .i 1 r � l' r-vir-ni12nt to seetiun 115o 'of' '8tata'J1ap'Act`,:n%d Scc'%Aoa :x2 of - `: Rlv�.roide County Subdivioien. Ordinanap.Pfo.'450; thz 111tubdivinion ;Co:-idttea r0coimeiids that, the subject.tep.tativ3 tract ba e%tt:nd,-,d l UntiL Se�4ember 21,E�._ At the or~d Of thla orto Yam anothor pur extennion. r Sc c.;;ion 4.12 of Ordi ce 60 states ttmt �hA an e:Cto11F}tC)13 of U43 ., ice granted'the subdivinica" oball conforms bO tb,4) :pplicablo nchedula .^£ i>lgv0vQv;Q3tS in effect ct: the Um .th: e4tt: ;union,io (; 'tted. '. ;+:s cx epai6n 1l bccom >rP#act:3,wo n gl_.pr vc3_ of 'your, Bop-?do 1 1 i. . tr ., •, .. L .. t ^.. .. �t'07`'y i:>-'w1yl �O�l , t • r t. .. •. . • . I. .+^ ., .yy '' •' • tie' 1 ` .,� , 4 .' r. ", � ,A Ls �T:Dl� t�tt�i�13 rig".:::3",��':C .Gt�w'T.��3.3r0I� .;,i' •' , ' "` . � A. r ^+•i >' r 1` I: i' r" ' 1 .r � I P J' .. " • +. ' 'M . 1 1' `. .M1 + f !,�.�r/.A� �1 �+r,.. y • ^ its -4 =4. t�.�'^...w.+r!.-1—• ';�,�l f %1 4.i-t rt_a .r... .a.wr ' ;j/l;1Tl�[!'•'y FldY'Ct;�UY' ` ,.C u .,. ,:_I.. ,+ +rat. 1 -. /Yr'4 •• ) f , 1 t i A ire ►.0.t3 i10 CO;(, •` _ t, ;• ?, C)t q, J• l • t .t. r 1 . 1 '. 7 T'�s f'. Ii. �3� ,. 4 . t]S, 4 r•t 'rf t •- 4 + - + , _ 1, . ! .a . .! ..� � .�.: .._ :e...- 'd __ - .. .. 4. 'Z�. .. ., ..... r_ r — r. ....__ 4F f',.I},. - * ,..•. � _ FRECEIVE�© YOUNG, HENRIE & MCCARTHY 74 JUN 14 19 ATTORNEYS IY I PLEASE REPLY To �n LNI L(�ERUITYHA1l0O POMONA MALL WEST RICHARD T. YOUNG v 'l Vl�1 Iltl1_L HOMER H. HENRIE POM0I4A,CALIFORNIA 9f766 JOHN C. McCARTHY TELEPHONE (714) 629-2521 BERT W. HUMPHRIES, JR. BARRY S. MASON 401 NORTH HARVARD AVENUE SHELDON G.WELLINS CLAREMONT•CALIFORNIA. 91711 TIMOTHY P. BURRELL TELEPHONE (714) G29-2521 BY APPOINTMENT June 12 , 1974 Mr. Ed Peck, President Concerned Citizens of Palm Desert P . 0. Box 1511 Palm Desert, California 92260 Re: Eagle Development Project Dear Mr. Peck: You have asked . for my opinion concerning the litiga- tion involving the above project. The Court of Appeal, Fourth District, rendered its opinion on March 29 , 197/4, sustaining the position of Concerned Citizens of Palm Desert, Inc. ,. and setting aside the zone change granted by the Board of Supervisors to Eagle Development. Thereafter, we petitioned for hearing in the Supreme Court in order to modify certain language in the opinion, not to change the holding in the case. The Supreme Court has extended its time to June 28 to act on that peti- tion. Therefore , at this time the zone change for Eagle Development is invalid and void. Because the area is now wztnin the corporate city limits of Palm Desert, any future zone change or development permit would have to come before the City Council of Palm Desert pursuant to Ordinance No. 12 . Very truly yours , JOHN C . McCARTHY for the firm JCM: s lr CC: David Erwin., City Attorney of Palm Desert Paul Williams , Planning Director .. Z April 5, 1974 Morgan-Mitsubishi Development Co. Jo Morstan Development Company, Inc. 1251 Avenue of the Americas New York, New York 10020 Dear Mr. Melzer: In answer to your letter of March 28, 1974 regarding an extenbion of time for Tract 4489 we wish to advise that at the time the City of Palm Desert was incorporated all existing subdivisions were made null and void unless substantial construction was started. I am sure you are aware of this as I am told that you have applied for a new Tentative Map to be processed through the City of Palm Desert and have filed the necessary form with the County of River- side Planning Office in Indio, California. The County Staff is processing our subdivision maps at this time. No action will be taken on your request. Very truly yours, HARVEY L. HURLBURT City Manager HLH:cd RECEIVED MAR 2 8 1974 PALM DESERT CITY HALL MORGAN-MITSUBISHI DEVELOPMENT CO. c/o Morstan Development Company , Inc. 1251 Avenue of the Americas New York, New York 10020 March 28, 1974 City Council Palm Desert, California Gentlemen: Morgan-Mitsubishi Development Co. is the owner of Tract No. 4489-1 and the remainder of Tentative Tract No. 4489. In accordance with Article 5 , Section 5. 16 of the Riverside Subdivision Code, as adopted by the City of Palm Desert, we hereby request an extension of one additional year for the tract map regarding Tentative Tract No. 4489 . We understand that if this approval is granted, the expiration date of the remainder of Tentative Tract No. 4489 will be September 21 , 1975. MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTY DEVELOPMENT COMPANY, INC. by Thomas C. Melzer/ ---------------- -- - 14 `�.�� �� 'R��• 3 SP'n.c.ar s � q�V 4 C,\� 3 vs- 1� Twa S 1�, tlt'�H 5��n�c.•� I FT L..�- IA 911) MISSION P L A N N, I N G com -M'R K. KATZE' eonty SkjTw*',i1'W 004d MAUP!,7F tk. pl�v-•Y. $lone? A.C. rEITH, C._ JUS LIA13P;. V'k Y H. 01 I - D,Sort FRAN"< C. SEELEY, Co-Wr At-51019110? 110;-� T T. 1 u-0 HA?EL 1. rav"NSEN, SPC?vt*FY wpp:48207 *.4. R. LIVINGSTONE - PLANNING DIRECTOR 44080 LEMON STREET, P00.91 101. RiVERSIDE, CALIFORNIA 92301 TELrPMONE (7141 747-151*1 mw C h, 9 9-12- Board of sixpervis-ors County of PJversjOle Court HoUce Riverzide. Calif'"ornia SvJBJ!DCT 11"ract No. 4489 Fagg-e DevelopMent Co. r;T S`fR T: Fo Lii-h BQ,RD OF 1,31UT211TITSOR'S AG-ENDA DAT' --': 3-14-72 ventle=en: The above-listed subdivision, subject to the fittached conditions, was re nd-ed for v.n' rova)- by at its meeting of I", , d a-1r, • 41 L the cmte,.Jve map, t I it! propose cor'' '�^•r's aria. 0cmir"s cf, the pznd F2.00d Corntr:'l -L'i'.5trict Letters on the su.Dj',o�:t mptter. ,s ratter must be bet for nublic he.-txing at 10:00 A.M. on the Ba�.rd's conationally vnlc:-�s of C-,!Z� ; " -i �'V 1' t iS 'CX1t I k�j Thl- salxiiviGicr. is2.p Act that tnpproval of a tentative raoq) termina4te 18 -rontha r'-fter the of by ti),-- Boa:--d of Suvpervi6orz : u _I-ly j)y 4.110 Boa:rd. If tbp 4Vj-ens ;,,ii ex-tens on o i-ir d ri'eorl r: final M.SD vithin thr. r-o n"'h mzy file a req,,,-�st- ?iith t-;e ,)-f iJi:� EA)ar d of S-j.-p e nn i 4;-:3 ors i c,.- a One '20 prior to the las L.L , Board meeting ;)rior to the exxpj.ratic)n da;�n. If 1-1 S nab le to recc',-rd a final rz.-p within the One Year e-TezisJ.on, he -,. ay reqtinstu a cerrm-ri px.tenijoTj of time by fo!Ic� �.ng this slcme procc0l=re. rl'he- wltxlivider it: aclvi,-ed by cony of this , th t ' e transfer of 1m L.11 0"Pnerslaiin of Zny te"t-,nt- n n r hp, t' . creAtion of an easc--.,?nt on =v r��r�eq contls-ii-.,cd within the of a tentative ma-?� wz approv�d by tbe Do;?: of of is a violp-tion of 'S'ecticn 11538 to the ruvi i:�t Penalties contained tYierein. Sacch or creatlkon of s.i easement will be consi6ereli-. a br--acch of the conditions attached to the filing of a final map of any of ttils> are contained v-,'tl7jn the tentetive map. Tract No. 4489 1 -o subdivider is further advised that road improvement standards have been 'd ty th- C�om--1-,r „, tc �:�'.<'_:T;� 1 c`:t`.". on file in t:e c£Tice of the g{1Qpt Cormle-sign, th,:! Sti:'veyor, and ir.-h vC'trious cngin.`ers and contractors through- out the County. Before entrxing into nny contract or peri'ormAng any work, the sub(livider chould revi.ev the current standards. ;he subdivider is further aiiiiL\l /1:14 laV SJ t)a k be (:.^'JrfJw,.d a,.i..cnft ri's it 1.0 �i^_E:• Stl•l.. aocor,;.i:4�; t, specific Plans alp l filed with and n,pr.vvcd by the Road Coo-missioner prior to the co. eneem-ent of any work. �}y, �+y-}� �Vsreyrytf�+�t�rulyt �c-ars., e^� !�q� RIVMSIDE COLTI i- Lr:1 rrA�S ICOM4 LLS io _,t______.__ tom, rf � H. �t V7.:'r:iLfiT:F. L,�.f•�:. .Z iij Pirector WRL:es cc: Supervisor McCandles Subdivider F—rla .Development Co. EnZineer jen-fin gs-Ha a,aman—Hood St. Div. of Forestry St. Div. of 'Real Estate P. Stout (2) q Riv. Co. �-'o. i S ,...I.lUih �f�L. Ri;r. Co. Bldx,-. Dept. Riv. Co. 1, nd Use Div. (3) Title Co. Flood Control C.V,C.;.D. Clerk of the Board Boerd Benda Copy File Campy D'--sLrt: C_.f'ice h r -1'.! Vll P --7 COZ-:1 DV, L 2- v al: v iz-�;,n --"a- f, MOOS i-d by iu- GO "I�eAll struant t3 connitruw%tf4 ir, b. Oth-zr street ha C,,-, foIlt�-a'4.. r.1�.rb t2z-1 e*. 2*00'6 11101 2. to lot:-,j 13.). 6: 111 '4-C' znd th.. Wnh Av4=sa sby.%-,�J • ead n wit.�Jn• a u,17 -,Gh�a e Cent 4. 5 43 5 If tl—v !va.v V-01; -7"z!jILt, th The 6- J-.'Or Study to V, Z� At the tm- of fiat. ,i I I inv cc,mty chttn-a irif �,--V-h Vn -wxt', -Zy f - a o C-*ar,��,t on strziet to .Colmt.-y T, Watvftr i:-�n,-i At T,:1 CT h S-51 x. cm cf 2 i'l 3 0" CC Cowna-uts ziud tO b-a of Z; The ttat th�l cuilu.-eislo-i-, a r zl.,cx A &Lama ! , ' QZir.; oftaa , — znv�- CC4:3 d S of Pin. au- cii�y dez-d gft-od f��Stb 4r-� d :?cr ,7--A�ue rand i;s 02, 10. sti cz-,-r:r-7,4j fcn- u- If rz,,uwo ,.tu tl;J verloy uolwl-�y '-"atsn�: Diotxictc 4:�v I.V71 ch�E&ll apily. 12o Ut3 ohal z ib i�l Qff -4 0,;, th-a �,LF-a of 1� of nal Valld !xb th.,-) of of 'U"alp, f r—1;OP . 15- Im rv;7-Uc, �lca sl�Tmll 'na mraT Crj;: ty January 3, 1972 h)'",TL TYAO COVIM,V Oar•L.L:'.a'•':..�.:�:r s t:.i...�-�rl /.• u�6�'14�.r.�ft.�r��p cSf:�of�d•�asiMe �dcrss�e'fl�. l.,,E� rr�..r'r;y ';1 r,;S .� {���e. t3e:�'l.�l �.o��.�.: i�i�':i,��3?:y"',•uE`t'f�. � XS��<• �' a �••� e+o�.•. .v i-c•.T': 4.. �:o.. .., �., .. .....•o t_ �� s...r Cta�.a3�.ZS �y..�F?�:..c.� .:ra.�a:•Ye� tic c-1 3 ,--I '--1,3`, 'd 3V. 2, -kacovl oZ SSu,,", Yi e , Bock 41, �^ �•"' *' '' .ft. 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Li.!'':ilw �n n4:r. S.L��� .. v�v ...,b,n 4,.. bottom n e f leaching- »>1 u M 13 � r. F'v4:::.'. '• :,.1 a... .,x .}. y,I :, 1 {c:i�F..,. u.. �... a.E'- �.5tr, :!.' �l �;.a,.;.,�;,"a .i.t:�+C i:... :.�::`35.� _:-_.�,.:a`:z'..3:'�Yfi a.�.�x`� 2..s a:',.. ......... .�:`i��.t'r�'1; 0 a he I y r W S C ��`.�a L:a.+S�d :+Li� n ,.:.i3 based wed �b��en �.u���YJn �h-L u ..ty zt the k, the 'i:w.-r«._. V. _.l: t-f.-c .:`s=. :l.i'..-, s3 L:. .2,... ....y �a--..:.• i: ,, ate. .. mitosis!!- _...ii:.;;.._...a,.. - Came the JC '_ , :1'.....�.. ..•�', .s,.. ,._r..."y: •.:"+,..,v.,:Z zi..,.,�t�a ..h_r,?.,�:..!��L..j,-..r,•.:.•,.-•_,p i.:,�,C���..•'-7�:,L-i.�n,... e..a ,x.�ii�Z�:�.p ��+i�•,�'..'i...�,�.l�.',2 d. 'u:.i2se:�.p,.C: �A J.. A•:,jJ:i.S, i�..--::;V.:l.'����i?�w\liG L'7':�1L'«'L.: % .1t� .;.�;�L:� � . The §? ..,P of the r iW «~_,& ' upon .:3. eacuperey .:-... ear.,,'f .x WNW: .sOC a i!....Ea shall :r.,.r a,.s?l each .J sy where Ai sewage d.,. 1•. •,.Jv'r l. .iv .. -.:Y,:k .:.. aw:C'i^':.- W.:.i be inctalled .4w].: Rri:.:a i.aav".._a•.... un,,..•.o.in L`lenbi g 4w�•�it.'.a rt+:�: N .y. �,11 :S>> �: n additional .ya.•sna2}lad arr.• ;�''yy Git47 f n .a'r J ...�: •P•�: f i;. 3 .*. •r, '•' �:" ea '�,f [i.a_..5, •d.i".1 .a>f!� is 2, 'o,�:� e.i:':}....��'.�...,+a:-.:.-,..�.. E.+i�:':�.w.. fic..�.��;..i:a:.sd.., f�'�;'::.•� Y� ° «....,. ��::�.K'� -.ti. _ (a l'. r and if Savige1000 ef i'.:, 'm::ca„.. It is our dJ."k0y:-1t,; ti_ *Yoram for Sto _.N... P: ,.._:..'o `,:.O— :l.a•a k.....F_...'e be installed in at* a acceptable u..meZ,,:,. ,t QKU5 r r Cho fri".,h Ma Z:.S:'.s:.,-...Scat....,, a_..? fi ii%:-'.,,.,__,.}..;,':S Una! WC.-.f.M 4i.Nt°a and -vo.i,i'-"' this i', ,r rtt:_.:'� €� l'a11.e:;i ..`.Y. i? .:aV.i.> :.> -.i�::..-,...,s'"?»- _"�+. '4_�;. ....,-si�;F? -iy--�...._ wL.'Ti,:i..�.nt 2'n u a4`a cti.-Sy..C:i,vc at;;ry•r,.:.:int n_.! #; "T'.o,... to .x. m rn , roMet& ,.l K. .o, RM`.Y ,.a 9 ^fir i;" "+'7 ---� a F•�z• t.. a .. «.�•.4 - u - 4. ... ,.. .. .. _....r ,..... ...a.. ., �-u..,,,..a....,. .. .va.. t_-.}}r a., ) .`:�� .. Lot _ , • 0 - 'k - - , `,.. .�:..h i,_.. .._.':�..:. .i..&.a'4r, 'Li 2.,, this oi,'.=n'.;'mant e;.''rei.i.iwwn '] t:.wc „[a "..-:..,...,,ding " z :on 2200, no, CE .:3 in w:'t:%0•- _ himewar OF P011C Health 'f• tiJ+. .n.....'i. .,. ... +..� ,yc�.D�;,+D J .i..i.1 rcl�_s� d<:n:.`�.•�-ir,r�r_ Nr - w1w La X � A d;' (=tin tXACi WAAtzt a. 2%, 1971 Fila: Planngn!3 Caim. " P. Padavich Cz--lY-Qn D:�Qp Cr.inon &i.,rls by cha-mrmls and d'kes b�Alt r�cd r,-'r 7"Un tract. I I .A _ac Mninad by this -,MztHc+. may kv-. wtwidcred z..nfe frcn, In r&ve drc;inz-- - shin"i to ti.Oc pv�-'v I r. "ULt'prchanszlve M�n for .1-Ljpf,'ZCG 'US',Star f,-�r Palm Oasc-r,%'-" &ppmv4d by Coard of �Sf--S. Th"I Io VO ley Gount: V�lt ) VistrIct Is o�sJa nd jl &7 -J �flc vptCr cllld S,�Ritco ic0 to I;aiJ trz.-:-t in V-m currentty prey5il ire 2 of this 015 rice. *60 hQvQ Plus to eulf-49d a svrner Jim flonq the "rth Lila of W2 pre-party m:-j i m cin veoerron t Yor ethis purpose. Voiry tosly w Al 13 A File: TRACT # 4489 EXHIBITS IN RIVERSIDE COUNTY FILE EXHIBITS DATE SHOWN ON MAPS Resubmitted Map No. 1 1-21-72 Resubmitted Map No. 2 2-3-72 Resubmitted Map No. 3 3-1-72 Revised Exhibit No. A 1-24-72 Tentative Mqp Tract 4489 12-20-71 Environmental Imapct Report REGISTERED CIVIL ENGINEERS JENNINGS e HAEDERMAN - HOOD A CORPORATION 2001 EAST FOURTH STREET, SUITE 200 , SANTA ANA , CALIFORNIA 82705 ( 714 ) 885-8611 1 APR I L 1974 APR 31974 RIVERSIDE COUNTY PLANNING COMMISSION MR. KE ITH DOWNS DESERT OFFICE RIVERSIDE COUNTY PLANNING DEPARTMENT 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92001 JOB NO. 1659 - TENTATIVE MAP WE ARE ENCLOSING, IN ACCORDANCE WITH YOUR REQUEST, EIGHT PRINTS OF THE TENTATIVE MAP FOR TRACT N0. 4489, PALM DESERT, CALIFORNIA. e F 41 NOBLES FN:j I ENC. ASSOCIATES: JENNINGS ENO.Co.,Los Angeles w JENNINGS-MCDERMOTT&HEISS ENC.CO.,San Jose•JENNINGS-BARTLETT&ASSOCIATES,Ventura i C) to Tyl S S C) N i.,I t S T, fJ IkA,!V101: jR., co".xir 14 4! ViM. R. LAVINGSTONE PLANNING DIPECTOR S T R F.F T P-,)r 1 I^_I P j L i D 6, C A L I F 0 113 14)A ';WL7_'Pt10HC 1714) r-.2-7. march 91 1 st?,2 MAR 13 1972 19 Bc)i?xd of RIVERSIDE COUNTY county of Riverside PLANINIING COMMISSION Court ljo-oce D%S'_U OFFICE Riveraide, C&Iiforni x SUBTECT-: Tract ioo. 4)(89 R TB DIV!DER Engle Devalopment Co. SUP-1 VISORIAL DISTFUCT- Fourtlh DW,,RD OF 1,R7) 7-T-FJ,-SGW3) AGEY.�DA DATE: 3-14-,r2 Gentlemen: The 6bove-listed subdi,vision)- wt2bject to t'he attached conditions., was reco=,endled for &- b-n Piwix4 ne, Conan!r;zion at J A.ts me e l, ing by 1. of Y a T-cb. Fn !Jor;-_d is `Amt to-nta:ttive ira-p, the proposed condit'uns anu copit,,G cf tbo' 11 D, ti. q- d Flood Control 1,113tri 4 ct. lett2rs on the mr�ttera "This matter iriwst be sot for -rablic hearing at 10--.00 A.M. or, the Do ar d I s PZerda of !,:zych 21, };';'fit 1 -1 ir -1 r - prov�,,rLt. ,z7b -,c the Fonr_ nust a 0 ,)prove 'L c v-ondi-tionnIly h t,'n`at-A-i7f,, mBp, uniczir, the tiije -f t' end �he. Boaxa. limit 'Is ex"el—ed by ccns,:mit o P-_ I.� ,t4Ve =,e 1-,.c4* pravide!-, Viat an-c- val of s tent al I terr,ir_,_:,.tc 18 mionth* af t-e,- thv ?,,atle of by t1he 1-lor-rd of -1,*u-pc_,niso3',-3 4F,, ujilzss rn exteiar-ion of tir.,�e �.Z; *,y 4;1,,e a d !�o r . T sii11{iiv-1eer iz unOTe t- rcoorda n finall v—sp tn,- 18 monttlb pe-riod, he may file a rcquest, viC,'.% the Clerlk of th.. •BA-;aid of' 11-,*u7i-�-r,,'1.sc,_rs fo-- a vne �,.;4 _r,1_-V 4, year oxtension, vj; Icast 2;0 1-3 11;htz: ^_,i.'nt meetin -prior 'to the exDiration if 1.7: to rcc-rd a final withiz. tllae oae P year he rn�zv rt-ou(�,-t ci (�xtc-rmio;l of time 'r-.,.v -4-c.,Llovj,ng ITT' bu -,Aiv�der i.-- a(!-111 e(j 'by co,�y of thlo th�,', tht,- transfer off, cow,riersh-ip Of any t.hereof or thr: crea,11-ion of an ev,soment any rtl.in il-.h-- bound-ri-es, of rt 7i,ap P as avrroyei� by th e of Is a violnticn of S,-_cticn thrc-,I.�h 111,40 D', tb- Dusi_nc-ss xud. Frofesf-r,-� "ode. t-nd. is, to the (3er),altie�s co,-te-in-zd of Fes: as e v,,,e 11 t vill be cons.46,-rl-d a brerch of ti ::! coneitions att'ached U', th� filiag OA. fin�a ruap of a-riv o,' ,.rea ceirtainfd vit`)in tl--&Le mapE Tz-et.ct- Nc. 4V9 The subdiv-11.der 4.s that roa,. rft2-dar--!� have t—:= th-,- Cf,)-nntv. 71--'sc C;,. in, cukt C a Cnuntjv. io , P f.Ct l'MA." C1Cv (,r vrt the f3uLdivldler sIr-ould4.. 4,11C. adv-'t-ued that no i. conr,ment wonl- nn It ir; Cx cC I accordllng to specific Plana and Mcd. -'rIth aml P,-j-lrrw'rCd by Roc;.d prior to the cor-m-em-ement of €-ay vork. Vary tmly ycwosl MURSI'DE C1171T7Y M10M.7-frilri "'01MIMIssiorl 4,V I R. lAvj--,-, inT T,4-ector WTRL-�s cc: Supervisor :McCandles Subdivider Development Co. EngJ.ncar St. DIM. of T,,Ores.;r*lr St. Div. of P. S,t oul t (2) lllealt-h DcDl;*,Q Riv. Co. Bld5. D��pt„ Rliv. Co. 1"and Div. TV"le Co. Plood Cont-rol C.7.C.U!"Da C-I-, rk of I-,h,- Board Bo.,u. -& Agenda Copy File Cc", Y Dasert Office ` r. n• •.t {•. , oz My w '�.is�ii. - r '> .'! . v 4_—L ,r"'a MW rs of th- j.1>. ,. 01 =I County Furl— K:big?" ... _ a a ,. t. ., ,• ♦ J . �Z' . t ` - ., `a f:.;'. a ' 'J Manaida Many m -,tCT �+ r r,�- (Rom, lvr%r 3.�: .:'�n =ice:'l:r.l ;.#;.. ::,::inat,i � �.'. :.iU �:{;,,..,.,.,n�S,. •'�..�{. }r.G. ".,Y F}�i"?b.c„^t_-�...,. _' . �` CO SUM ('� 77 _.i '(fit:, .h:a',•.• } 'S_ _.. e.;4.c .._'_.:�.. af. ..,E.' .__ ,.. .il R ei::. trS f ape, a�-,• CC tt 't n Pf r i i 3 i z,^,4o n .,, .2 t'Il. i s i F tv t• ,,,' " on r.., t K:.;'.L: :i %v'f, C'E,a:_.,ti� �L...L.,,rat? c:.:3 ..,.ij:'.�; --'.:�:X_, e_ . :.i..<�. ._.a,. irJ �{f1� t.,;.t,�d .>�`:.t1 .«_;ic`._ •z c' y 1 3 _ og L••. ":7`c"d`.:fTti� £het,: ,'_i1�. 'n _.�.`,. . �:'S; :; ,'-I';,».__Y.+="z. ? :.,;�•> ,C:".. :� to Plana and ,.i';;.`W:. cations p [.: .<tvd,d by ohs wc.O(. K company and the ter...::.. i c}3 in triplicate, with ., ..e.,,...,._.,..e_, a- cam. .ai:ri., RLS than O v ._.,.-.,h :'.`,n.`:!S ?_'E., ..-"_-e'.f�,V "s3,.th ,. Q ur"g 1a Hawing, c..i .-�:: Z�hE�ir�}I' 7 ^�?'art.-.5 w••L Y::', pipe ti+.`e. S&= <.......i Ma a Ma of ,:✓'P✓N at v;h'.a =::'.' ��?�. FY„ t:.`c now .",^-J'''L: '...^ s.:? ..hf^'• eniating system. �F._....• p.'.='no <.a._... „ ., ; ly :r:t all I _... with ON. ` : ...at 1, r,-.a._n,..,. 7 is tooF. .t.,.. ✓..a.....Ci WNW and ..�....- ...��.:_• �f,;:t.�t..J- r.,,... ., ..r.«.._......'.L:.a S�<a<i•3G�'�a,._¢� and y- _a.. 100 n Public ..7. &IM' •n iri..ci':L:IZ:.;. of CM State t -, ._:.«......,'.f,.in.._ wanu Opylicabic. Tho %a::'.s::' Mall M 4.,f_r.;""i;.i 'k' h(_.j;1tn:...... a ,p.: ..,y_. ._..-..._ ',#:.:t»'_.. We . i, . } : >- v 44 ' twit -1 dar . _ J ohs 1� J� i,ti„ d s ?,..n.. 4439 • F.r.:....-a. M I yi County»4 ��_t'u.a ,..,.:.,:o..t and that the .p a saw an, and - « .. :.1L. -"J» - . C.L.: .��, �:,i3 r�::..� .,..-.'�N WAYMOnaz "%:ef.> .,. O '- .`.pai to cusuly .^ ..'s..3F R...dJ.i.r::zr..t:. Manly to «-_.. M`:?n: - i?i:::i -:r�, a :i:..... ,":3 �,!��.-,x at Want own ., •n.�c�:E.;'. `,y-W to I& "r`zy£ Or.. 1'- ..,c r. .._:?i. :!' R._.,. the 4' ?('.::......-,..., s jr2'.'.:.._. ^ .a: carve dOMMY _.,: :.<_ to . ...,;1: M envoy of 1_,. e:!i<c' .""e`-1;:::, ......�.E;7:•�. �rla t! ...,,-LY : r - POPW=0 VAU PlIMS ean"Itic yuyase 601-:1 coca the j2dividual low Q on PCs a perceintioz ?CYOM 2MOMed by Mucchuscal GOLSUMOns, IM CC% F. WASOns W WOM Onk arpu&ty, 20 cq. it. N' Ottem area of leschNg Tina Unly. Iva aboya call WormaWn 1z an of the typs 09 PC-,;a banY open nwana'! We C13ts veto cpndumd. Any gradiag, equPectioa, COMCF" Wage the abuse XIMS, r,.TIY CuMaq, atm. Tv done, aid wons, U112 be zaltdrod. Tha CKWOR ba dCUIZUbjed, 4000C upcni E On dW Xr s11 be 1M. hze = 2aounoccuped area 0-a Inth lut WAMO nonage disposal, is Onquized abona, may be Inotallad in with CAO CUXTOW UUMM PIUMN9 Me. Thoze ahall ba az adfitional unoocuplaA even equaL to 50% of the Oysmana for seuaga donyoual naam of Sauna dlop=al 0' MWyEary and H Saxaso Waos of a zVW= divoulet WCOMO avallabla, connection. LO the OYOM i2c. c.t T.:12av: It is car nNeMandiag that the sawags dispaaal oystem for jGts within thia mus- divialon vili ou Myelled !_ja L:ha An acceplahla cavanana having tv do pits th ni ee W dmN mallatioaO an zenwo allonal - MMUMS I= bs Mad with this Wc: a Wonsive wCyaaraat anj it uIll Bu nazoozzKy zn ynewrd all euvannnts Cz agreements, eta., Waiving the rearaMOM and naMMUSOU MCWHOS With WO MCMAIN GOMY 09 010"WOM, and a Wpy of tam renvaded agrezannt filed M11 this 3spMeant with tho =v0diag K `ha Snal Uny G9 WO OW division. MY truly Yeats, RUM h. MCKSGU, R.I.,K2.0 Meator of Public Health 3. Paul Engley, RK, AOM. Mogtow Environmental MIU. cc: Hatez Quality COWN DOW ��r" �-a at-.;'!'.'w!..Y. •......,.;:X7 �«S;?.!,a. ... _:o+S.i4ie::a,�'^. .- � .._ .?�':::>.. 'S'w :}J :.;.:5).d:-;'•. 3>>.:....';£fib? ?1,'a�.w': �_:?F::'�6 i�3�.•Y~�`i:_ik�f;r 3�.-Y°":.I l-�..i 4. r ;)G ••a"r.-�r,<,:�, :.X' 3 6 1v.�t''i1 4.�!� yitF.,.iaa?..ii Aria,; 1 E I 'c-m 6�© �M3��uv^�;'h i -Soul ,a..•...i.Y.i,,,.?,..:::... �.f".:.P.�ta.a..f'M?u,..:•,�1„aL.�..�,.�-.L?L�`.`.���. ^• x f p Y' �y y y �ar!"'t G�tis @�?@�i' i�#'"�.'�} j'sr f..-C����tt 'J ;k'�. sf.:C:€'"is"",•'x`,�c°..cF i �v":%!'�.i n3 aj � ;a':o'n 8.%.:i( of a. t me d D 7C.. s .i»f ... end r, �/ �•• �f n 1� y� ye�' pV'�•.;f 6�Yf,rji fi+�' - l: 5 r t i.`a }a 3 Q:4# 9�4.J T<.•i aJ +die 5 fs Y: R"e,y b'3 6✓af s M i'x�t t'd :'Yf' from �' Jta. '2ir f-,t}•r.^;b.> wn rare ti ( J� tt Y f.'�'b' �' •-J 4J:i'9 ;{�:' J t'S�5`.7� R Z F 6S C' R '.as ^'x 'D 4 Y c chi �v � ��' f t:�� d e EicK'�fi'�fe'.7e 93"u#till' 'y�� 1t7 Y:'a a �c. �r".af, &irii''6�7«If' for :?£! ?f? f;?�� q.it7 r 1'$ `•,� Sf.:3 .cD P' '6� a �'Z�.:� is P9 s ,x i.r)q 'a.s F��i !v�+} 4p� y� 'a y}' i. in P 'f4n5 �:f `. hit; S»v o �.�.�� 3S3 i :w 7 >�t� �if«P£t� YS S`•�a�'^ 4��i�z i;f J�& s �.;`' ��'�,�i'�t- � io, th � • : a ��"',• �r rrt� �:�.'"' 4;:c�rs vr•:rr•.>�s�.o '.r';: �, ^� 4.•-e, ;'cam 5•:aiwt:#'" °C Ile i dA, m f � i a REGISTERED CIVIL, ENGINEERS A CORPORATION 2 0 0 1 EAST F O U R T I1 STREET. S U I T E 200 , S A N T A A N A , CALIFORNIA 9 2 7 0 6 ( 7 1 4 ) 8 3 6 -8 6 1 1 14 DECEMBER 1971 HONORABLE PLANNING COMMISSION COUNTY OF RIVERSIDE ? �' 4080 LEMON 1 RIVERSIDE, CALIFORNIA JOB NO. 1477 - TENTATIVE TRACT NO.."4489 WE HAVE ENCLOSED 24 COPIES OF TENTATIVE MAP N0. 4489, A WATER SUPPLY LETTER, THE NECESSARY DOCUMENTS PERTAINING TO CONDITIONAL USE PERMITS AND VARIANCES FOR YOUR CONSIDERATION AND APPROVAL. THE PROJECT IS LOCATED IN THE PALM DESERT AREA AND BOUNDED ON THE EAST BY STATE HIGHWAY NO. 111 , ON THE WEST BY PAINTERS PATH AND ON THE SOUTH BY THE PALM VALLEY DRAINAGE CHANNEL. THE SITE CONTAINS APPROXIMATELY 29 ACRES AND THE TYPE DEVELOPMENT PROPOSED IS PLANNED UNIT DEVELOPMENT. THE INFORMATION REQUESTED PERTAINING TO ORDINANCE NO. 460, SECTION 5.5 AND 5.6 ARE SHOWN UPON THE TENTATIVE MAP AND OUTLINED IN THE FOLLOWING STATEMENTS: THERE ARE NO PARK LAND DEDICATIONS. DARKS AND RECREATION FACILITIES ARE TO BE PROVIDED ONSITE FOR THE RESIDENTS. SETBACK LINES AND DIMENSIONS ARE SHOWN UPON THE PLOT PLAN. CONTOURS ARE SHOWN AT TWO FOOT INTERVALS. PROPOSED LAND USE — PLANNED UNIT DEVELOPMENT. COACHELLA VALLEY WATER DISTRICT. EXISTING ZONING C-P, PERMITS RESIDENTIAL DEVELOPMENTS_ PROJECT TO BE DEVELOPED IN INCREMENTS OF APPROXIMATELY 50 UNITS EACH, FOUR PHASES, PUD - AND SELL. LOTS IN FEE. ASSOCIATES:JENNINCR ENO.Co..Loa Angeles.JeNmxos-McDERMorr&HEIss ENO.Co.,San Jose JENNINCS-BARTLETT&ASSOCIATES,Venvira. HONORABLE PLANNING COMMISSION 14 D-ECEMBER 1971 PAGE 2 PUBLIC STREETS TO BE DEVELOPED TO COUNTY REQUIREMENTS. PRIVATE STREETS SHALL BE 24 FEET WIDE WITH A.C. SURFACE AND PORTLA14D CONCRETE CEMENT ROLL CURB. UTILITIES: WATER - COACHELLA VALLEY WATER DISTRICT SEWER - SEPTIC TANK AND LEACH LINES GAS —SOUTHERN CALIFORNIA GAS CO. TELEPHONE - GENERAL TELEPHONE ELECTRIC - SOUTHERN CALIFORNIA EDiSON PROPERTY OWNERS ASSOCIATION WILL MAINTAIN THE PRIVATE STREETS THROUGH DUES AND ASSESSMENTS. SEE ENCLOSED LANDSCAPING PLAN. ADVISE THIS OFFICE IF FURTHER INFORMATION 13 REQUIRED AND NOTIFY THE FOLLOWING OF ALL SCHEDULES AND DATES AFFECTING THIS MATTER. EAGLE DEVELOPMENT COMPANY SUf�/>iv�0c".' 4600 CAMPUS DRIVE NEWPORT BEACH, CALIFORNIA 92660 .JENNINGS-HALDERMAN-HOOD 2001 EAST FOURTH STREET,, SUITE 200 SANTA ANA, CALIFORNIA 92705 FIDLER & HYOSAKA; ARCHITECTS 8455 BEVERLY BOULEVARD Los ANGELES, CALIFORNIA FRANK NOBLES FN:.I i ENC. CC: EAGLE DEVELOPMENT COMPANY S Couray a� '[!ive.side, Siate of CaEfo?rtia LIS On motion of Supervisor Young-love, oeco.rided by Supervisor Jones and duly carried by unanimous vote, IT WAS ORDERED that the reco-ftmenda- tion of the Planning Col-mission for approval of the tentative map of Tract 4489, a Schedule "A" subdivision located in the Cathedral City_ Palm -Desert District, be received and that Tuesday,* March 21, 1972, at 10:00 .A.M. in the regular meeting room of the Board of Supervisors, be set as the time and place for consideration of th-e matter. w E ,----" MAR 2 1 1972 RIVERSIDE COUNTY PLANNING COMMISSION DESERT OFFICE Y 'SION I hereby certify ilia, the foregoing is a full, ;rue and correct copy of an order made and entered on -- Mar. 14 __, 19__72-,Book-85__page....498-_of Supervisors Minutes. WITNESS my hand and the seal of the Board of Supervisors Dated.---March -14, 1972 DONALD D. SULLIVAN, Clerk of the Board of Supervisors, (SEAL) in and for the County of Riverside, State of California. I BY-A- -------- Deputy IFORM 418 ice L F E 8 2 5 1972 RIVEKSEOE. CVIn+IY PLANNING COMMISSION DESERT OFFICE w _n = .}'r#"} •j�.`:'t1^ro^^'.::2 S •h P+ h 1 1 x.... l _ J T a•'a,%� ti'.2 1 s 1. ,�. .. .... ._.. :.:.:c, _ ri1.ui� c_� s._�:.',; Of:'s":..,ti:.4f,•. p ;s�Lz"". .,.:.t CJ�:a_E3�:'€:'r..» {' ':? �.tnd gattez located w.., Net _. _... i,'.i__.. ...'...��. �::s.J V=_'... vi;,faF L+r`-:,.wit r e+•f .. o ..a•`�' �:':,. " a l �,•���.•'�' c�� 'n• _.. o ii+�'� -r, rmYt•�:: ,t'4's 9••'�'� Y vv..t_zr.:�9. • ..... w•:!ti.1. 5,+. �:.+..a .?. _._ S.v.. S1.. �' �h'.'i_��1...r-c.«:rk. }r Tat a•�,•+ .`••;�'.k h of the e . •.�_ ..;i^ fxi. Station r,�.a,t.,.,n� t III n'y .F'+. � :i:.t: 1�> �V:_ i _ .�:nJ..y � 4•..,:�n^it� :� G.�;.% y�.ra:Cti�,.,•t.,.{>.,.L'."�i y .�l`,. v.."�+ tv'.o;:7.9.:.:iIi.%t...' 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A is 1� qconditional. ....2 .r'.... ] i4q 1��. ) u :t._ ,,.L " �;,1.e _r7.:'e ��Y� �=.j..z a.(� a final. .:.li .4. .7:..qj.. ems. ... _ V •'..: .t�i �`.w'M9. _e._i:_ Z'-A ..�:-. 1..e:......,i. k49?D. 5 � ��;J'. ..,.. pzonownad thwavyl L.W.U. .,.CJi.' _. .- bo.,.__.Zr,�� La i_t,•. ..,. w' .... ,� �_ .,.o _.... .. __v_ ._ <.. .L^. r !. .� a-.4•.• en an if L7,F.u.`\a+.O M r, a,3w :.) is .. _..., >'S:V MORST4N DEVELOPMENT COMP4NI', INC. 1251 Avenue of the Americas APR 12 197 New York,N.Y. 10020 PLANNING COMMISSION DESERT OFFICE April 8 , 1974 Mr. Keith D. Downs , Associate P_lannex. Riverside County Planning Department "46-209 Oasis Street , Room 304 Indio , California 92201 Re : Palm Villas Project Dear Mr. Downs : Enclosed is an approved copy of the December 26 , 1972 letter from Robert T. Andersen to the County Board of. Supervisors recommending that the Environmental Impact Report be filed. This copy was obtained from the County Administrative Office and is stamped "Ordered Filed by Board of Supervisors January 2 , 1973 . " Sincerely , �f rr P c�� Eileen Beatty {F Secretary to T . C. Melzer COLIN-FY ADMINISTRATIVE Ot--FiCCR C()UNT Y ASST. ADM1N1S1-FRAT1VC- -)j-FICEj� i:S 11),1", COURTHOUSE, R00.-,1 0&210 DOWNTOWN MALL RIVERSIDE, CAU FORMA 02WI PHONE 70>2"4 Duc2mbar 26. 1972 Hnnorable Board of Su?arvisors Councy of Mvursi& Cour&ousO Rivabsid2, California Ra: Zavironmental Impact Report Palm Davert Townhouse Dcv&opment Gantl2man: 0a Dncomber 21, IN 2, the Interim CuovaLttsa on Environmanzal Quality, nt o rejularly sch&Ulud meeting, revicwnd an Env icanmontal impact Evalua- Linn for a proposed dav2lopman, (Palm Wscrt T04;nhau3ws) submitted by ZagL� Deveiapmant Company, conditional use case 1371E, Tract 4439. Witten comm2nts relating to this Evaluation hava been rucaLvcd from following A3=cics and have been considered by the CommUtee: Air Pollution Conaol District Building & 3afety Coacholla Valley County Na ter_ District DaparLmano of Dovalopwant Health Dopartment Planning Dopartment Road Dopartmant It is the opinioa of Li Interim Committee on Tavironmonual Quality that th2 atLachad Impact Soatament reprosents an 36equan consideration K Lha environmental factors pertaining to this development. Upon th2 unaninriouj vnl,:e qr th(-:� Cormittee, iT IS RECO,,NENIDED Wt this Mporn, inclul%3 the Dev2lop2rvs evalm3tionand com7ants by Cp"rty Agencies invalved, bo Med as th" officini Impact Raport an the abova namdd project. Respectfully submitt&, &C, ndersen h-rt 5.. A A, Adminiurattva of�jcw,7 BY January 2, 1973 On motion of Supervisor Youn love, e i 30 land duly carried by unanimous vote, IT WAS ORDEREDethat thee recommendation Win inchester on improvement and acceptance of Winchester Way in the Woodcrest District, Wayche inJter the ft`` !i• Case No. R-586, be continued to February 6, 1973 at 10:00 A. M. in order �,�( ✓' and to discuss cooperative Road Improvement Policies dated February 11, 1952, coo�dcaest n. IT WAS FURTHER ORDERED that the Road Commissioner be instructed to recommend on whatever changes he thinks advisable to the Policy and an l estimate as to what it would mean to the County to do what is being sug- gested and a status report on Cooperative Road Funds available by District i and IT WAS FURTHER ORDERED that County Counsel report on whether he could deliniate a policy so fine that "maintenance only" could be pro- claimed and nothing else. 1/2/73 On motion of Supervisor Jones, seconded by Supervisor Davis and Purchase of 33 duly carried by unanimous vote, IT WAS ORDERED that the y.,11rchase of sur- surplus Jan Plus land in, the Badlands area from the California Division of Highways, in Badlands for waste disposal, recreation and other public open space purposes be area from approved as recommended by the Planning Commission. ( Calif. Div. 1/2/73 of Hwys app; �f- v A report having been received from the Planning`Commission of Cond. Use 35 approval of a Conditional Use Permit to Palm Desert Townhouses, in Case Permit to No. 1371 E, Tract 4489 in the Palm Desert District, therefore, on motion , Palm Desert of Supervisor Jones, seconded by Supervisor Davis and duly carried by iTownhouses unanimous vote, IT WAS ORDERED that the Board, having considered the Plan-jin Palm Dese nir.c Commission's statement on the environmental impact i:j this case, rincs Dist, filet that there will not be a significant impact on the environment and ordered the matter filed. On motion of Supervisor Davis, seconded by Supervisor Jones and ! Dist. Atty.� 39 (duly carried by unanimous vote, IT WAS ORDERED that the District Attorney jauth. to sern, be authorized to send the following employees to attend a class on con- 7' tinuing Education of the Bar Program at the University of California in atte�declass Riverside on January 13, 1973, at an estimated cost of $50 each: Byron Morton, District Attorney R. D. Thompson, Family Support Division Davis Agnew, Palm Springs Office I Kenneth Oring, Indio Office Davis Tennant, Riverside Office.. 1/2/73 ' r I - j - Yy FL gu, , l� 1 MOFfMN DEVELOPMENT COMPANY, INC. � 1251 Avenue of the Americas APR 4 1974 New York,N.Y. 10020 RIVEk�iLjE COu, PLANNING COMMISSION DESERT' OFFICE April 1 , 1974 Mr. Keith D. Downs , Associate Planner Riverside County Planning Department 4'6-209 Oasis Street, Room 304 Indio , California 92201 Re : Palm Villas Project Dear Keith: Pursuant to our conversation last week regarding Tract 4489 in the City of Palm Desert , I am enclosing here- with a copy of the final Environmental Impact Report on the proposed project. In addition , I am enclosing a copy of the December 26 , 1972 letter from Robert T. Andersen to the County Board of Supervisors recommending that this report be filed as the official impact report on the Palm Villas pro- j'ect. To date , I have been unable to determine whether the Board acted, or in fact whether it was even required to act, on Andersen' s recommendation , but will keep you advised as to what I find out. Also , would you please send a copy of the Palm Desert zoning map with a description of the various zones? If you have any further questions , please do not hesitate to call me or Ralph Wintrode at Gibson , Dunn & Crutcher. Sincerely , Thomas C. Pielzer Enclosure PALM DESERT PROPERTY OWNr=RS ASSN. A1211 P. 0. Box 1244 Palm Desert, Calif. 92260 L November 24 , 1972 NOV 3 0 1972 RIVERSIDE COUTATY Mr. Don Walters PLANNING COMMISSION I Project Manager LLrJ11 Eagle Development Company 4600 Campus Drive Newport Beach , Cq . 92660 Re: 242 Condominium Units 44th Avenue at Highway 111 I � ; I Dear Mr. Walters : Enclosed is a copy of our Architectural Signs Committee report on your proposed project located on the south side of .iighway 111 between Palm + I I Desert and Rancho Mirage. Your project was very carefully considered by our entire Architectural & Signs Conmiittee at its meetings on 11/2/72 , 11/9/72 and 11/13/72 , and the attached report was reviewed as d unanimously approved by our Board of Directors at its meeting on November 21 , 1972 . 1+ If you plan on any changes or revisions of this project , we shall, of course , he happy to consider them after they are presented to us . We will make our opinions known to the proper authorities at the appropriate time . Very truly yours , Edward L. L. Benson Secretary Enclosuve L:-4 3 V 0 J 11 MINU'21..'5 OF MEET!"'G RIVE161DE CU,)'-:Ty D i S k PALM DESERT PROPERTY OWNIERS ASSOCIATION C Ndv IS MN A "Special" meeting of the Architectural Committee of the Palm Desert Property Owners Association was held in the Association 's office at 5 : 00 P.M. , Monday , November 13 , 1972 , at 73-833 El Paseo , Palm Desert , California. Members Present : Members Absent : Robert I . Pitchford George J. Ritter Charles F. White , Jr. Bernard K. K. Leung Don Shayler Guests Present : Graham Dexter EAGLE _D_EV1_-LOP'1v4'E;'%-T COMIPANY Tract 7'114489 - 242 Condominium Units Avenue 44 at Highway lll.- Architect : Herman Fidler - Kenneth Hyosaka. This project represents a poor use of land adjacent to a major highway. With the absence of intermediate buffers , the impact of highway and residential creates a poor environment . Potential and existing commercial and industrial uses adjacent and in the immediate area do not appear to be compatible with the proposed use. The nature of the development would accelerate the requirement of a traffic signal at Highway 111 and Avenue 44. The project should be oriented to the more residential Painter' s Path which in turn should be extended easterly across Palm Valley Storm Channel to provide for a secondary means of ingress and egress to shiopping facilities . . Specific consideration should be given to control of off-site storm water. This appears to be a minimum effort with minimum street widths , minimum, setbacks and minimum room and car-Dort sizes proposed for an area noted for its most natural asset and major attraction ; openness and space. There is no allowance for tandem parking in driveways ,and in- sufficient storage provided puts the burden on the carports. November 13 , 1972 No provision has been made for trash receptors . There is an improper balance of units adjacent to pool areas , benefiting a small proportion of units . Row type housing does not create an equal balance of amenities compared to the cluster concept which has been generally accepted in the area. Typical street (alley) scene within the project is automobile oriented and not to the best interest of established desert living. The Architectural Committee of the Palm Desert Property Owners Association suggests an in-depth study of inter-related impacts between community and the proposed project be made as , in our opinion , this project is not suitable for this location. . The study should examine extreme contrast in zoning and proposed use. Respectfully submitted , Robert I . Pitchford Chairman . ....xt`rR-� • __-T-a.:` a .._. .. -. - -' ! - .. .. — -..z. - - . n� .. COUNTY OF RT. ERSIDE OFFICE, OF THE AM-11NISTIUTI.VE OFFICER December 22, 1972 MEMO FOR THE RECORD SUBJECT: MINUTES OF THE. INTERIM CO?21I7TEE FOR ENVIRONMENTAL QUALITY MEETING, Thursday, December 21, 1972 a 1:30 p.m. The loth meeting of. the Interim Coanittee for Environmental Quality was i held in the Road L•ennrtm2nt Conference Room on Thursday, December 21, 1972 at 1:30 p.m. The following personnel were present: Robert T. Andersen, Administrative Officer Ray Sullivan, County Counsel Marty I:enneally, Air Pollution Control District Dr. 11. 1M. Erickson, Health Department ' I Don Boling, Health Department ; i Ray C. Smith, Building and Safety Dept. "_% Fred J. Reinhardt, Department of Development Bill Livingstone, Planning Director Pate Vladc, Planning Department —� John Bryant, Flood Control District ' Joe Guastello, Road Department ji Doug Pow6li, Road Co=issioner/Surveyor Richard Stokes, Land Use Administrator Others in attendance: Bill Rues er Senior Administrative Analyst iso Absent Coiraaittee members: E� Pete Dangermond, Parks Director The following matter was reviewed„by the committee: Environmental Impact Report for the proposed Palm Desert Townhouse development, Tract 4459, Conditional Use Case 1371 (Eagle Development Co.) Discussion followed on the traffic impact on highway 111, drainae patter: contigious to the development and comments submitted by APCD on the expected increese in air pollutants in the area. The con-nittee discussed what action should be taken by the staff insofar as the report was deemed to be an adequate assessment of environmental impact. A motion was made and passed unanimously to stibmit the impact report and various departmental cc=*,�ents on it to the Board of Supervisors for filing and future consideration. 4 R:ad December 26, 1972 - Honorable Board of Supervisors County of Riverside - Courthouse . n Riverside, California Re: EnvironLiantal Impact Report - Palm Desert Townhouse Dovellopment Gentlerzen On December 21, 1972, the Interim Committee on Environmental Quality, at a regularly scheduled meeting, reviewed an Environmental Impact Evalua- tion proposed for a development oala Desert T.o �a„ou„e:) submitted by Ea-le { ; Development Cozm2any, conditional use case 1371E, Tract 4489. Written comments relating to this 'Evaluation have been received from the following Agenciea and have been considered b the y Committee:ittee. Air Pollution Control District �1 Building & Safety ; ( Coachella Valley County Water District ' Department of Development Health Department Planning Department Road Department V It is the opinion of the Interim Committee on Environmental Quality that the attachLed Impact Statement represents an adequate consideration Of the environmental factors pertaining to this development. , !-` TnP . Upon the unanimous vote of the Co�itree, IT IS TI.-.,ErORE P,?CO:•f.':°hDED that this Report, including the Developer's evaluation and co=ents by County Agencies involved, be filed as the official Impact' Report on the above named project. Respectfully�s}ubmi/t�ted, V f�..v .• �./ h Robert T. -Andersen Administrative Officer RTR/WAR/scm MORGAN-MITSUBISHI DEVELOPMENT CO. c/o Morstan Development Company, Inc . 1251 Avenue of the Americas New York, New York 10020 March 28 , 1974 Ir City Council "� t Palm Desert,. California MAR 2 8 15t,1, c/o Planning Department County of Riverside RIVERSIuE CUJ14 FY PLANNING COMMISSION Gentlemen: DFSEPT OFFICE. Morgan-Mitsubishi Development Co. is the owner of tract no. 4489-1 and the remainder of Tentative Tract No. 4489. Enclosed is one original Tentative Tract. Map for Tract 4489 which is being filed with you for processing with respect to the arrangements not covered by Tract Map No. 4489-1. Eight additional copies of the Tentative Tract Map will be delivered to you shortly. The enclosed Tentative. Tract Map is being re-filed without prejudice to any rights. which Morgan-Mitsubishi Development Co. may have to continue the processing of Tentative Trac.t No. 4489 as originally filed with the County of Riverside and approved by the Board of Supervisors of the County of Riverside, including but . not limited to its right to require that final Tract Map be approved by the appropriate governing body if the conditions imposed with respect to Tract 4489 are complied with. Very truly yours, MORGAN-MITSUBISHI DEVELOPMENT CO. By: MORSTAN DEVELOPMENT COMPANY, INC. by Thomas C. Melzer TCM/mj cc!- Mr. David J. Erwin Erwin, Anderholt & Scherotter City Attorney of Palm Desert Coun!-/ --c ':Syc-rslz. of cr .8 On motion of Supervisor Jones, seconded by supervisor Davis and duly carried by unanimous vote, IT WAS ORDERED that the tentative map of Tract 4489, a Schedule "A" subdivision located in the Cathedral— City-Palm Desert District, be approved as recommended by the Planning Commission. �� � L EYE APR 3 1972 rju RIVERSIDE COUNTY PLANNING COMMISSION DESERT OFFICE I hereby certify that the foregoing is a full, true and correct copy of an order made and entered on Mar. 2 1-_, 1 9_7 2 Book_86-_page_19 _____of Supervisors Minutes. WITNESS my hand and the seal of the Board of Supervisors Dated:-Ma r ch.--2 1 . -19 7 2------ DONALD D. SULLIVAN, Clerk of the Board of Supervisors, (SEAL) in and for the County of Riverside, State of California. By� Deputy se."It 2.0 des , . ... L FORM 476 10 'AULnZEW, On—w, 1"M"A /* KCAN La-" W-W, —1 F R C F i L�, C I !!zk, ngY T. 1ULLQ;N, M, Caw" Q -K 00"M MAL In Owfo ROOF!1 T. 00MYELL, W=. HAEFL L RV Wa, Se"vta?., RIVETt�:!D7- CALIFORNIA 9�:-.-, August 9, 1975 hunty of Riversid.1- Court Howe R1=00% California SUBJECT: Firat Extennion W Tku�- -CaRWIT-TTY00 01 DAY: 9-21-73 Gentlemen: Pursuant to Section 1154 of 00 ttz wdWln45 SaMa clo02 of Rverside Couuy W100in Ordinnant Va. NO, tin Bobdivizion rec-Dwfeljs that WS nubject tuntstlyn twet to wyltnde-, until 21., '1.,?,7-, At QQ end of this one yaw oaction 4.12 co OvIiannan nnez n�z� eynnna, si time ie r nabdivisfun Chao! conform to 01004 no the time thd ustannina In graWd. :via vtenplol will lowns efflWym ef V117 truly y1mrs, AUG 1 0 19f D 10yrd vvnyjn Qqy 0n, Loll// PLANNING COI-AwISSION DESERT OFFICC Sent by Telecopier on 8/7 to Riverside office . Original sent by mail_ 8/7 . mj � i j i ,� CONCERNED CITIZENS OF PALM DESERT P. O. Box 1511 Palm Desert, California 92260 August 7, 1973 _ O, i n� n n rp� , i: V1l � ; ' RL J7J Riverside-County planning Commission PLANTING COWAfssfory 4080 Lemon Street, Room 1 _ DE-5ERT OFFICE Riverside, Calif6rnia--92501 l Gentlemen: Concerned Citizens of Palm Desert respectfully asks that your Board deny Eagle Development Company's request for a time extension of one year to September 21, 1974 within which to record final Tract Map for Tract 4489, Item 35, Page 3, Agenda for regular meeting August 8, 1973. This project has had ample tire to fulfill your original titre limit for final tract map and an extension is not justified. Yours very truly, CONCERNED CITIZENS OF PALM DESERT r, J.- Wa..- ace Barnett, Secretary-i`reasurer WBC cc: William R. Livingstone Planning Commission Indio office a._*Y2HE•Kf�2t'_ -ueu.—.3.'.T.35+6=1:t!.ietS6F_-^.!X-T�st.Ya�L�'b:•<'a•.,-.,... .-..�:�.. C .GAfz?9n�iyP-=tk�=.-s',=r..,:NT,Ls::1"`,'va..urY::uF-..::., ... .._4,., .. 'C_=:-:.tip,-.-t.3 T., OFFICE Or THE CLERIC OF THE BOARD OF SUPERVISORS � U^ ; \ County of Riverside, State of California AUG 17 19;3 RIVERSIDE COUINITY PLANNING C.J1AMISSIOt'I 22 on motion of Supervisor Jones, seconded by Supervisor Schroeder and duly carried by unanimous vote, IT WAS ORDERED that the time for filing final map of the subdivision known as Tract 4489, situated in the Cathedral City-Palm Desert District, be extended for a period of one year, until September 21, 1974, as requested by the Subdivider aced as recommended by the Planning Commission. Roll Call resulted as follows : Ayess Jones, Record, Schroeder and McCandless. Floes: None. Absent: Younglove. y I hereby certify that the foregoing is a full, true and correct copy of an order made and entered on -- Au------------_14_ _, 19_73_-,BooF89--_page__ 26 _-__of Supervisors Minutes. WITNESS my hand and the seal of the Board of Supervisors Dated:_-AUq._ 14, _1973 DONALD D. SULLIVAN, Clerk of the Board of Supervisors, (SEAL) in and for the County of Riverside, State of California. copy sent to use* tf office --------------- - Deputy FORM A18 -5 -,"�--.'w.�_......"-. .y�_ a.7.�a��src�.=sa:.:.c::va�.�ac.«—,.u•r.��:,i:,�m,«+s��-�+ehmr.a .. ... ,_„ .. - v n PALM DESERT PROPERTY OWNERS ASSOCIATION P.O. Box 1244 PALM DES%RT, CALIFORNIA 92260 TELFsxo:va (714) 346-2804 A Non-Pro fit Corporation yuTust 24 , 1973 Riverside County Plannin- Con;nission 40 80 tee;:on tree t , loom 1 Riverside , Ca. 92501 RC : iraC 4481; Gentlemen : Relative to reol,-est by lac71e Development Company for extension of one year in tir".e allowed to record final Tract Mla.p for the above tract , this Association 's .Hoard of Directors at its regular meet--in;; on Au,c?ust 1N , 19 7 3 , voted to request your Commission scion to d^ i�: the request . The Soar d believes the Eac le Development Company has had ample time to fulfill the present re- quirement . Ver_V trua.y yoar s , David .. . Cook President cc: Gerald ` - Dupree AUG 2 7 1973 RIVEKSIUE C-j,!i 'YY PLANNING CoMmISSION DESERT OFFICE �"—,aaa:�a*., -w•�rr..t_.o-,+na.r.�,rorcrr-a--z•r --rs.;:..^.,r.�..+r�s+umz+�.-x� +�-F swan;nsa'»5'e=•�r�br.��-- "?4;:�s. e-,�.�-.�:s. .cam-- — .,s+�=.e.._; --..,.._ t__ �,w:y:.} SAFFCO TITLE INSURANCE COMPANY 3525 14TH STREET, P.O. BOX 111. RIVERSIDE, CALWORNIA 92501 . (7141 684-1400 I ip August 5, 1974 , � '� L:- The Iionor.able Board of Supervisors ! � County of Riverside AUG 7 1974 County Courthouse Riverside, California 92501 RIVERSIDE COUNTY PLANNING COMMISSION Attention Clerk of the Board Re : Tract 4489, Second Extension of Time Gentlemen: The County Planning Commission of the County of Riverside approved the First Extension of Time on the above referenced tract- on August 9, 1973. The time allowed in which to record the final map of said proposed subdivision will expire on September 21, 1974.e jle, therefore, respectfully request you to e;mcnd the time in which snid Final Map should bo -placed of record for one (1) year from the date on which said tentative map was to expire. Sincerely, /—Il t ! irhard E. Jones Title Officer,- jvb 41 AUG 0 G 1974 RIVER31DE COUN1 Y SURVEYOR a•¢a'�W'llv/�V!' Ste..-�'1s$Y'a�Y�"fYSlic.Tea'b+�'PeF�4'3'iY.ih�.-wt'ee�Sk45� �75s�:Nfi4v"eSExIL'siCSM.':'::MS'9E�'�s.Y^�`�E51�"i9P=iLN2L1�9�i-1!RGe2a�a�Ji®'33's+'+^.� v �a bwn=�4sl.�:Miz._...... -:.. .._. �... ......— wa,....'dt.��:w".`sx.a 1 1![���p/+±(V �+y p�py /� y�p��+ py�+�/� a �!+��{'� ry "w. !V' S M!'Y —\J 6--P6 A R b f 71 E N V Y A L !—E i T rz R -• ��•... It I 1 is R.�J IJ l: :.., ... lx ! a E?V �� S f: tea �= OFFICE OF COUNTY COUNSEL October 23, 1973 ' TO: Planning Director Attention: Mr. Wm. Padavick RE: Tract 4489-1 - Eagle Development Co. Returned h::rewith, approved as to form is the Declaration of Covenants, Conditions and Restrictions for Palm Villas - Tract 4489-1. Ray T. Sullivan, Jr. County Coun.s e l Y Gerald GeerliV, Senior Deputy GJG:bw Enclosure OCT 1973 RtNNRco""S ON ,G Cpr�AM P� l0. 23-73 Eagle Development Co. 4,489-1 1st Unit of 4489 1371 1171 1492 L Di 1` i I RFCISTERED CIVIL ENCINEEIlS Ems. 2 l IJI� Jul- A CORPORATION PLANNING 00lvii;rilSS'C)N 2001 EAST FOURTH STR F. F..T, SUITE 200 , SA N TA A N A , CA 1,1 F01, N I A 92705 ( 714 ) 835 -3611 20 JULY 1973 ,--� HONORABLE PLANNING COMMISSION COUNTY OF RIVERSIDE HALL OF RECORDS 4080 LEMON, Room 101 RIVERSIDE, CALIFORNIA JOB NO. 1477 - TENTATIVE TRACT NO. 4489, EXTENSION ACTING IN BEHALF OF EAGLE DEVELOPMENT COMPANY AND IN ACCORDANCE WITH ARTICLE 5., SECTION 5. 16 OF THE RIVERSIDE COUNTY SUBDIVISION CODE, WE PEREBY REQUEST AN EXTENSION OF ONE YEAR FOR THE ABOVE CAPTIONED TENTATIVE TRACT No. 4489. ASSUMING THIS REQUEST FOR TIME EXTENSION BE APPROVED, WE UNDERST4No THE EXPIRATION DATE TO BE SEPTEMBER 21 , 1974. ,,f,RANK NOBLE FN:ss CC : EAGLE DEVELOPMENT COMPANY ASSOCIATES: JE]\ISGS Fxc.Co.,Los Arweles HBI5S ENr.Co., San Jose•Jr;NrNGS-13ARTLETT&ASSOCIATES,Ventura .Ea39'%'Rrj-.N"'ekT..i;iii:.-,`i&'-C,Yss'+•'lCR ".^Rt+�tc2:a�..�!.iIY-GC.^av�.:'u,:.•ec•�.a:%4AC:we+3aasi4'cilt'3<hTS:.Y aTC'�:4.:u?.:42.�isE:¢�•'..--�.35a'€.;'-N'.:.�1'ses`dS:-3Rv:•w:t•4'..:U:t, '.u-Tkiss-t+.ry�}S,• .�'y,-::c-...... ...-.... ... .... ...._ v:z...:.y.- SECUI;I TY TITLE INSURANCES CCMPAN 'Y' 3525 FOURTEENTH STREET, P. O. BOX 111, RIVERSIDE. CALIFORNIA 92502 • 664-1400 S L'Y~17L[ Y 1 COLD SFAIEL_D SUBDIVISION SERVICE _ August 1, 1973 Clerk of the Board of Supervisors County Courthouse Riverside, California Gentlemen: j Re: Tract No. 4489, Extension of Time .The County Planning Commission of the County of Riverside approved the Tentative Map of Tract No, 4489 on March 8, 1972, subject to certain requirements as set forth in the letter to the Board of. Supervisors indicating such approval; -The time allowed in which to record the final map of said proposed subdivision will expire on September 8, 1973. We, therefore, respectfully request you to extend the time in which said Final Map should be placed of record for one (1) year from the date on which said tentative map was to expire. Sincerely, i f.( ;•'1. Rolland Fletcher, Jr. Title Officer jvb .o'a..INO .. ....#'f.�[L'I- l>+K,�?P=..'�.sx.'iivtFx-.` �:•Jl��-,N•-�I�YP_.... .:_ ..v....,;:..:.c,..:..i3:...�:z._`.aS#.:'U.a_n'.He.C.'z.`.R"s� W - i'•L it e..o i":.ai. Ll.r t:._t.1.'�` ... " Mr i f n ' Director 1'; . .�w ir:-...y-t., t.. %ti.:�i..SG L'J:1.�:G4�'!..!tifi. sub., - i:t4if.JP•."�v..wb'�{l« -_- .n...1:'w.. _."A V M `, V'vN..J -;.l::S'.'t.y Usu Cn::1'n _t_,JAS9 ' 11 � D! "Il c�<1 i c_ TJ�c -}- EpJ F T .o The :'G•J'w.'L j's.ti 6:}!;-S'ti u.�': 1'. '..�., s�.$:L'L«'~. _..._..... ry..-- .yy;T ... p r'•4'yo :.i �s J t 1 •'r.".rl ron— r' .. '� � .: j .`�. a t,::..G�:_:..,• '.. ._ s tam. JIS.n i':.1i i!.•..e.'.'4•_i.� t'?uL�.!...i:6: .-'..•ice!...::i�''.�.i.':: l`__.., ........._ 'iar'.:.'1 t C !.:�._'�' .-A . -.a:. q-_ � lz osed .. a t?juat. i��J� l." to k: - '"� ) c.'.b..•O ;:ri E�'..�,-� -�:ti•' t;J.:�.i,1t.:.,c r'L�ti .S.'<~.^r t'i3:L a • LZ:u's�v «1'u:t.S U C;.. `! 5::�:;? sip;. >`�.L'z1:�'_,had " `'.�� 1 i tczt 'z so e .�'(�:. _� r,.._.,... � i t.,, f:+(l- i3i�.:;ia�.l'Yf�c, f�'lJ�'�.1.'Tiv a'�:1_e�.:_...._... .:Cts li:.lt' !Ci» (�L".n i;:'..._od. ..,_'' f1rP.C.rJo had mat, furnished comments at •..r,+ C','.a n' ( t' 'fit'_'' van y3p re; t:,.'affic v7.Ci3"� {OS not quantified. However, the � Road . .- Inns Jnd: c1 i 1 d � G expects no significant 'U lt r�.zeG _o-ja, CO...v .ti 7 i e }. con- structed over the Palo L'c:il,:..r'..y 1....._in'-_a for is pa._.iLerr, "IlroC fix-a. p.i.J: 'O4 Uma could ba improved _ti i '%3"s.. ` :.id..d access route aft. U•.dir W by Painters Path,i. 4r 1 fi r Tha project has 7 j ou r density y to i l .-:ed under the recently adopted Cove MOM Sall, rile UL"1 ..hvWS '.iX::. site as High Density Bosident0l a UEie L .. .� :J'.7 114�`l'C� been received :....I„�m G�.';4+ following J��:.t��ii..i7 r� _'� at- tached ., Cam'+' �1'�L'3 axL�:� And EnyaYtoon,; v iS: �:?S:?_... �`:i.L.c_ .:ice V':?':;'C.�j' :•:Ci_C s^1 �-�.::•�' 'J_C'�i , it is th-:� ion of too Nanning DoyarMant thnt Whe project as nl'vOvC'_.. L; ..L'.:� �_i`r j o a Surd ` �` .tit ti_.-..,- .1 .t ,__,�•� y ,Lo ^. ` ^�`y •4 p .. - �` .w�T-. �.::� .. L�..:-._..,.��ll,_ii _�.., l:;� 'uC:i�4 1;;>j,.:..t t:X:w r::`ac7i rtft s.-i y„«yi i_ .. ... .:c' h_:a any aC'_`v"i:z:':e Qyna'i:•3 .:iliih .iouir3 constitute Ft ba i for denial. . 1212Q2 PCEF C ! 1U 4 r q, R!.11*'A Phil, RIVERSIDE COUNTY PI-ANNING COMMISSION Department of Develonement :�� ,% ''.• [.2�'_rQi: f'.ltih� apact Rp-. v:t fvr �;:sP. CONIDITIONYiL USE CASE Td0. 1371 Tract 4489 �.y i.4cC stt.�: i7��?a_.'J 1R ♦ cc-p-, 0 it a rzivirormicntal imp34t. �V4 Case. PIL'ase th;.s re;.'crt, A9 it per-tal-no rc your area o� ?r��ztisa? for lE>teness a d 2c,.��rr�cy. If any npur_ts lase not `cQu inc ludad the ruluested -flor to December .18,.�.�9_72...___..__�_ is that your . Ei!;o Ll: i'-e laCi:1dLd tri this Z . . XXXX=. XQMODO CTQC Interim Committee on^Environmental Quality. °.?iFriiS. The environmental impact evaluation has been carefully reviewed. Comments are found in detail with the attached reply. It is our conclusion that the project, when conforming to all prescribed regulations of governmental jurisdictions, will likely not have a sub- stantial effect on the environment in the area. When considering all possible effects, both positive and negative, and, comparing evaluation information relative to the area, it is our conclusion that the project may not have a significant adverse effect on the environment. J J 1 i `7 (Return ari:;ir..;.i t8 Pia an i::3 'Cr epart-m!cnt, 'tDBD L�E-tion �tI:eE,t, rl'1 C..si. Cz!If•3::pia-''2 -;�-- � cop} ssrt to dasetl 031iQb I%x-i6�H+'�6.�'ftiF.:!Vw'144:{ANe93�iLYeAi.'iALT.Ybri'Y�i'M"_"i9t:F�iLYCiIuwY:.T.�2if.4:?Ciefl:.aa:'Rd_3ri3uiY'.+ir'.�-;•$`^aYe.,.'^++F.�fe':91,5[k'3'+i:.J''F`.SL��..f'�•xk 1fi..-•':+rs:a-�;�.:•Af'_ '.(nT"xAx._... rt'av�.*i.._ ..... .�....>. tc.,a rt O ., j''gtgr}Ttr'e"i! f1r' c; ,*•:�,�Fw�• 81®`�,1f. s1 ; r�'�nt� .5;� tr i,e r-tii ca.i+saSd ,•k iri Ea yvE✓ A C AGRICULTURE 4D !NOUSTRM 0 TOURISM 4060 Oran.>;e Street c P.O. Box 1180 RIVERS10F, CALIFORNIA 92502 • Area C,o,e 714 787.2035 Created in 1951 to assist in dcveiopin, a balanced economy and a high quality of li}inp n f-"r T7� F December 18, 1972 DEC 18 197Z RIVERSIDE COUNTY TO: Riverside County Planning Department 'PLANNING COi INUSSION FROM: Fred J. Reinhardt, Manager, Department of Development RE: Conditional Use Case No. 1371-E, Tract 4489 Comments for submission to Interim Committee on Environmental Quality 1. Environmental Impact Evaluation, prepared for Eagle Development Company and submitted by Planning Department for study, has been carefully re- riewed. Following comments are made on the Evaluation: A. Evaluation was prepared by academically competent persons. No means available to determine actual professional experience. B. Evaluation states that the project will modify current aspects of the project vicinity. C. Mitigating measures are proposed to minimize the impact of the pro- ject. These measures appear to be practical and feasible. D. Evaluation states that no known geologic faults are in the immediate area. It is assumed that this is based on available information. E. Evaluation states that no artifacts have been recovered within the vicinity of the project. It is assumed that this is based on known facts and available information. 2. the project, according to the evaluation report, is in an area zoned for high density (10-20 units per acre) but seeks to conform to medium density requirements (5 to 10 units per acre) . 3. Economic impact of the project is indicated in the evaluation statement on increase in land value of 57,937,500. This means an increase in assessed valuation of $1,759,377. Using the 1971-72 tax rates for the area in which the project is located, the following tax :revenue would result: 180,072 to all taxing jurisdictions within the project area (Tax Code 7S-05) 4. Concerned Citizens of Palm Desert requests, if project is approved, that the density be limited to 5.4 units per acre (minimum for medium density) . Project proposes 8.17 units per acre (mid-range of medium density) r:"•`i.:e:.g,., .., ', 'ua�^•-.cv"a.�' ..•_s,�u.1.-u..u.r:Nn3t esdxv_-�aervas+<y..w�-.-�asti�e=Xi?" .vim:, ___`i.i-ah�rW�.e'n6b3i u1uti.�aroH.fbbiTb'erve.:3vFri..., ... .. b.'n6a:'•,:.^'.4. .._ _ .., t_ _.. Riverside County Planning Department December 18, 1972 Page two S. Concerned Citizens of. Palm Desert raise question of air pollution, fire hazard, traffic congestion, noise increase, waste disposal and water drainage hazard if residential develonn;ent takes place. Recommendation is made to retaip project area for commercial use but no comments are offered by Concerned Citizens of Palm Desert on any lessening of air pollution, fire hazard, traffic congestion, noise increase, waste disposal and water drainage hazard if the property is developed as a commercial area. 6. Study of an aerial photograph of the general area, taken in October, 1972, shows the following: .-A. Two major residential developments of medium density of Highway 74 (south of proposed project) B. A major residential development along El Paseo (south and east of the proposed project) and of medium density. C. Commercial development taking place between E1 Paseo and Highway 111 in Palm Desert. D. Proposed project is very close to medium density project on El Paseo and would continue medium density usage taking place in this vicinity. E. Major question on development involves usage of property on south side of Highway 111 between proposed project and E1 Paseo. If this is developed for residential purposes, a logical pattern will have evolved. CONCLUSIONS: Eagle Property Company has submitted a comprehensive environmental evaluation report prepared by academically qualified persons, and, apparently based upon known and available facts and information. The project is in keeping with medium density usage as indicated on the Riverside County Planning Commission plan of July 26, 1972. The project would conform to general residential development taking place along the base of the hills, tending to reduce sand disturbance and resultant sand blow. The project, conforming to all prescribed regulations of county govern- ment and ether governmental jurisdictions within the area, will add a population of approximately S00 persons in an area now numbering more than 22,000, as permanent resident, and 15,000 persons as part-time residents. ta5. Y!I�FIia3• cGX--_1'..^ .-.u.N.v..me..w+..u.?-ems.--^TT�aiR9Cd.=>LR3 .��. .e:± t8 3- _ _ �a•:.fe�w.' _. ... ...tea - .. r . Riverside County Planning Department December 18, 1972 Page three The new residents will amount to one-tenth of one percent: of the anticipated population in the area by 1990. In the overall review, it is my belief that there is likely no substantial effect on the environment from this project. FJR/rk ® EGrE \ '- DEC ;Z31"t Gill L=iJ RIVERSIDE. COUNT'y AEG JI.A KING C0;v9tAISSI0N RiVERSI�c CUu�'v 'u,a) D&F. f}rCF�T t?��n:,i�;� Road Department Indio s7r"J ::CT: MvIro:-,tyenta.L L':^act R•Lport for Calz GONDIT.IO iAL-USE_.CASE I,IO.. 13 1-E Tract 4489 AtLtae'het! ..C-reto fe of the �.:aY�TO�L,L'^.►3. "s� :; �'.�� f "� £Cle -:;e a:Ti::'P ivE'"tC1 '.ic+l rase. Plus: review this report, as it pertains to 7cur arat: of '_sk�, or cimplete? ess and a3ccur.Acy. if finy impa,.;rs iJ.Vv ua'. bet n {nc i l_Li ju t.- re-p-)rtr ple-ase descrfve them. Your are req:jested prior to _December 18�_1922_� �, in that ,cur cG.nmr-n,s L'i-ou W be Included is thLs a�i�?EZ;.'txi=�:t�3 Xt.i>ti .•` fG :i;;'. '.h�D�Yi DDC _ nterim_Ccmittee on Environmental Quality. Our review of the proposed Environmental Impact Report for the above mentioned case as it may relate to the functions and activities of the Road Department indicates that it will result in no adverse environmental effect. t . DA = Decembez_jl. l97.2- DRB/lk Duane R. Brown, Desert 0 ( etur-a vrtgi,: l :e �'l. :ink D�_�ra.`t^Lct. =sQ 'c� .�w�-� :'f•. Office Engineer •.Xns' Y t��VC1"��.G:t ,�3.1.1� Pam' I ccpy sent to desert cffice it T nD EGENE R FiL.' il;F, ":.AI ill;.,%'A DEC 1 1972 ' RIVERSIDE COUNTY Building Department PLANNING COVI�JiISSION tiSli '9CT: aviz;n;csnt al Isnl,ar.c .�.,�:a:t for ec'..'if: .CQl'II?ITZ011.4T'_,.USE..CAS E ITO. 1371®r^, Tract 489 Attached here:.o la a copy of the Fmvir3rnaent.al 1::.;.ncc Re.�ort for, the abt;vc-, Cane. PT.e• sa revietl thin report, as it pertains to -;near area of er- c.:c,'.:;e, cc-sm71eterr`-;5"and accarncy. If- pony in!.)acts have not b-een in thtt rzi)o-rtt please descr lbe t temp.. Your co=eats az:� requei;,tea prior to _ December_ iu that your co=-,.ents should be included in this xeporr to 'v- XXXXXXXX �'-W-DW�W_IrLtexim_Committee.-on-.Enuironmental Quality. . �U 2I.-KN—•S; We have but one comment and that is,we suggest that the grading and building permits be made contingent on an approval by either the Planning Department or the I. C. on for this project. There may be a short term detrimental effect and inconvenience during grading and construction. coFy sent t9 doseft �f�k:e E 0 DAIS Dec( T. 1 <7,-ram•�c'7��}. /� F- u _"' (Eat'.rn cri?jiz,..z -• r;DEC-5 - 9722 _.i[:_. a a,p�.{Y!'���.ucz .,�.b_".' L f'�... . V �8\�lf, � ��k✓✓✓ t i ..._..., COUNTY OF RIVERSIDE " BUILDING DEPARTMENT LAND USE DIVISION COUNTY OF RIVERSIDE BUILDING DEPART�",ENT '. .e�iM aTv�;a�a'awsarr.r:+v.,aeTsaavr.3i�rsaxwub„ss.,,K,w:xuE-r�.ac'.sr�JHur=.•:.sa:�t'.c��.a: 'as;sti3sl�'r.�rs!�a��a,.crwx'm�'.w�za.,t�s: .,.,..:.--. -_1x=;.-^.s.r,- : '.-,:,.- .,_ +... c.._..... l"`��".'P,c,cx"", ,. _ ESTABL!5r.ED IN 1915 AS A PUBLIC AG _ J CIS T R IG1 M DISTRICT POST OFFICE BOX 1058 • COACHELIA, CALIFORNIA 92236 • TELEPHONE (714) 398-2651 Wr ECTCRS CFf ICERS LEON KEYNEDY,PRES'DEVT ' - LOWELL O.WEEKS,GEMCRAL MANAG FFIC EF CHGINEER PAYMOND R.RUMMONDS,VICE-PRESIDENT - OLE J. NORDLA.I:D, SECRETARY GEORC-E H.LEACH WALTER R:.1v�;",H7,AUDITOR WtLLLMM F.LESTER A REDWINE AND SHERRILL,ATTORNEYS December 13, 1972 File: 0163. 11 Interim Committee on Environmental Quality Riverside County Planning Commission 4080 Lemon Street, Room i01 Riverside, California 92501 Re: Impact Report, Tract 4489, Sec. 19, T5S, RISE Gentlemen: We have reviewed the Environmental Impact Evaluation for Palm Desert Townhouses and do not consider it will have any significant adverse impact on our facilities. Very truly yours, l747- -L. Lowell 0. Weeks General Manager-Chief Engineer DLC:mt HEBEI > �L ' DEC 18 1972 RIVERSIDE COUNTY PLANNING COMMISSION .,:.da.Huse.4'4aC.YR�[C.^.4.c5x5eAcntaa.SE¢i1'SSaC..ie'3L.T�.��.£ 'i�J!'n".'+64:c.9E�!.4•_!'.'i,T,-'e.tiif+E;24£.43Fi5T58.=rL£�e'�{h-"its-i..-�2"+e'.fivSii::ann^:CafiBTdi.9ti 3+4...u.,,.. .'.-...,, I STATE OF CALIFORNIA—BUSINESS AND TRANSPORTA110N AGENCY RONALD REAGAN, Governor DEPAP.TMENT OF PUBLIC WOPXS DIVISION OF HIGHWAYS DISTRICT 8, P.O. BOX 231, SAN CERNARDlNO 92403 December 14 , 1972 08-Riv-111 40 . 5 Environmental Impact Report Tract No. 4489 __.Riverside County Planning Department 4080 Lemon Street ' Riverside , CA 92501 Gentlemen: We have reviewed the Environmental Impact Report for the above-referenced project with particular emphasis on how the development will affect State Highway Route 111. Since the report and previous comments covered in the report adequately cover the affect of the development on State Highway Route 111 , we have no comments . Very truly yours , R. E. DEFFEBACH District Engineer i Y L. Dr, Smoot District Project Studies Engineer D E C 19 1972 RIVERSIDE COUNTY PLANNING COKMISSION 11fL 1 il fil�.i�r� C0LJ�'�TY r�ilV14 �� li rs: rIIJJ,Utq Health Der.a-•tment .. .. r. - r, ^ y_. ,-7 f m ,.. ._. _.. . .. . . ._ . CO::�I_.IGr*_{_,4,L LCv u C_.CC^uL 0. lo' ll-�4 1±Gc} t .. .i .. _ i.(t'r_•.zi.. Yot;r cr,- c. D0 1972 cember 18 AS_ ..C•. .. ;'C':... .. .,.. a,�t: L�aitaa 'F.Y>:)DX=QC Iterim Committee on Environmental_Quality. The Health Department has reviewed the above Environmental Impact Evaluation for Palm Desert Town House, Palm Desert, California, as well as other pertinent data on file in the Division of Environmental Health, Department of Public Health and finds that on January 3, 1972, in a letter addressed to the Planning Commission relative to Tentative Tract Map 4489, it reported that water would be available on demand from Coachella Valley County Water District and that individual sewage disposal subsurface systems ;could be acceptable based upon adequate data on file. On August 18, 1972, after receiving a letter from Coachella Valley County Slater District relative to the formation of Improvement District 54 and a proposed annexation to Improvement District 80, sewers would be available to the subject project. On August 24, 1972, the Division of Environmental Health revised its letter of January 3, 1972, to the Planning Commission and at that point required connection to the sewers of Coachella Valley County Water District subject to the formation and annexation mentioned above. This is a Planned Unit Development consisting of 292 lots and the Health Department concurs with the recommendation contained in the Environmental Impact Evaluation and finds that even though there are environmental considerations, that appropriate alternative measures have been described to overcome the significance and therefore, do hereby declare them to be trivial. L;�-rZ December 18 ].972 Ravi nmenLR2 RealehDirector - C) � IN CvGPc;?>TION Y;ITH TH_ CALtPORNIA Divj!;j OF FORESTRY J. ELhlER CNAt.1rERS COUNTY FIRE WARDEN C STREET]& SANOJACiBhlTo Ave. FERRIS, CALIFORNIA 92370 TELEPHONE , (714) 657-3183 Deceirber 19, 1972 Riverside County Planning .Daparti;ent 4080 Lemnon Street Room l01 Riverside, California Attention: Pat Wade PD E U � '11 E L Reference: Conditional Use Case No 1371 DEC 21 '1972 Tract No. 4489 Gentlemen: RIVERSIDE COUNTY PLANNING COMMISSION The Riverside County Departriient of Fire Protection has examined the Environmental Impact Report for the Palm Desert Townhouses dated November 30, 1972, as prepared by .Steven N Murray and associates. The life safety element and property protection from fire has not been considered. A total of 43 structures , including 248 d`e/elling units constructed in close proximity have been proposed on 36 acres. lrhenever this density Occurs, life safety must be of prime concern. The Fire Department feels the prc-used development as presently planned can provide a reasonable degree of public Safety, if the minimum fire protection conditions as submitted in our letter of February 29, 1972 (copy attached) are implemented. If you have any questions, please contact this office. J. EUIER CHAMBERS County Fire Warden GEORGE J S ULTEJA-NN Fire Protection P1"anning and Engineering Officer GJS:jt 1 j - i F"'4 Y. !�''i��'M6.`IYT-Y.•R.'Nt%slY7R% ':.vaXSi:nW4 r"i5"s+?'Y3F.i:W':n'..�6'�rMY:G".sS4ZH7."aC.'L"-e.?_:`^0.K"uIIDiRNf^`�:.-.a'-=c ':L>tIGYt'��i.".rthSsRi'tl�["'.CPaRw'.•.a. '=,+iY.ssr" _3Y..x-.thaw. N .u.a c M..„�.w..v. 1 mil. r O o.i.�.tivdv' 4i ? �ri/tW11.b.y... L L�� �v Trac, _ aS'�. � ...4'. ... .,. .. _ iI-y . .... . %'. � . ,.. .:f.. a a.•, :�: �:� � . . tee: 1.Ilt 1 ► n December .18D ., . t.J....J.'.....♦ - i. In d` '-erm Cc=-"ttee oa ^>:ev.�.ata1 e11typ Review Of the subjcct rewort reveals tha 44�gnifiea,nt i.M uct upon tho u^ flit in tb3 _p11�-- t than doaerlo ont tri11 have a y Spyir-ss .��iaa welin area, Motor vehicle poi?uta.,-,'s i-� Febm-- 1 .��..a 1, . ,rd to the ctr^o-hem e, an egad area d 972, r..�:a�..d,,,. to 1�.,Y ^., ,,M ,.t,,, ., ifZ . 3 .1,� � an of Upon cam?ctjc.1 of-th~'o r joet tom'^ a'cove increased by 1.,23 two= o. �- or - t C'--..�:,t ca o� P011Ut=t3 uIli be p I cn- pc:, Tho Cbovo f"iCLL ea az-o bacod G:1 ycv tom ci 4e A k mnec3y's i�` C:.� 1,,ac o 4' -. -.n d in tha 2. The Fedosal Pe^zs.�0z. c_ per day as boin; IcA �' _A 40C r . .;.2� c-tco an c-77liccjcn fig^ 1, 4i-L:.�.1 �ivy'Ll C.o �►_.:«.lv u3 1J� -v.la p Y fin. Af CO:^S trUCti�C1 C� G tc 7 ^ .6 , �_ -cjCe .° £7C_c:^ 9CP.^_m i'.z'=:r3 0 • an eotbljc:_a'Fea-rl:l s..a:.:.arddeozle ?en�iator� per d^;� or OpCj;Vtc^.a pee day The attached chr^t is prc^^�td .Pow he ccite s x'c3'tie:a and `.,., In arriving, - ' �' ¢ at a f'in:.:l Go:el•^ cc:,.sid _..tip >Galcn Re I copy se;:a ao d"eseri 041-fici� I j , �• � -� _ ; / Z!Ic. �-,p;-C.C..!.T/t+�t..1 ..LG>.�U T"1�..,+:.. �1S I i ! . 1 1 T2)1- f5- ij -�t aIT NIG .. ,; ..� J r- - Tol � Y/Y'rH 41:2 7. .T , 414. I� ' �c rc` �), ir!✓/inn/J l�-iV j. e- e rim SAS „� G/�/ fE✓v/._'v.r �l� �i'G //' /lG--- _ t perM vh Ti v 4 . . : I i r 1. � y'a-_-' ,.,}-.,-.�nta7:'A3�.ud�:3:3`�fGr nO1fd'ti@" F:-_-n[iX-,aHliw�mLFT#1:�9•,ig3i�ri�:&.'-nefii:�Y,S±�*.�S:�s'SY�__ aa`s•.F.i:.T'v""T,L:�tip,-'!»�Hr.e:'8w'vw:Yt e.eJ^".�. ..., , .. TM'q°`_ I� DEPAV?.Tt,,AENT OF PUBLiC HEALTH COUNTY OF RIVERSIDE Heolth•Finonce Building Harold M. Erickson, M.D., M.P.H. Director of Public Health 3575 llth Street Mall 1 a d icntaI Health P.O. Box 1370 , ! ' UE Riverside, California 92502 August 24 1972 LJ ' � AUG 2 �t 1972 Riverside County Planning Commission RIVERSIDE COUNTY 4080 Lemon Street PLANNING COMMISSION Riverside, California Re: REVISED RECOM11ENDATIONS: TRACT NO. 4489 (Planned Unit Development) ; That certain property shown on Record of Survey filed in MB 41/61, also Parcel 2, Record of Survey, Book 41, Page 49, Records of Riverside County, California; 292 Lots. Attention: William P. Padavick, Associate Planner Gentlemen: The Department of Public Health has reviewed Tentative Map No. 4489 and recommends that: A water system shall be installed according to plans and specifi- cations as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, Waterworks Standards (A.W.W.A.) and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tract No. 4489 is in accordance with the water system expansion plans of the Coachella ' Valley County Water District and that the water source, storage, and distributions systems are adequate to comply with Riverside County Ordinance No. 460." This certification shall be signed by a re- sponsible official of the water company. The plans must be submitted to the County Surveyor's Office to review at least two weeks prior to the request for the recordation of the final map. This Department has a statement from the Coachella Valley County Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for the financial arrangements to be made prior to the recor- dation of the final map. Planning Commission -2- August 24, 1972 Revised Recommendations Tract No. 4489 This Department has a statement from the Coachella Valley County Water District agreeing to allow the subdivision sewage system to be connected to the sewers of the district. The sewer system shall be installed according to plans and specifi- cations as approved by the district, the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications, and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tract No. 4489 is in accordance with the sewer system expansion. plans of the Coachella Valley County Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed tract." This certification shall be signed by a responsible official of the sewer district. The plans must be submitted to the County Surveyor's Office to review at least two weeks prier to the request for the recordation of the final map. It will be necessary for the financial arrangements to be made prior to the recordation of the final map. An acceptable covenant having to do with the maintenance and operation of sewage disposal installations and recreational facilities must be filed with this Department. We will accept this covenant as a tentative 'agreement and it will be necessary to record all covenants or agreements, etc. , involving the recre- ational and sanitation facilities with the Recorder, County of Riverside, and a copy of the recorded agreement filed with this Department concurrently with the recording of the final map of this subdivision. Very truly yours, HAROLD M. ERICKSON, M.D. ,M.P.H. Director of Public Health f /�a yD: R. Boling,�R.S. , Director Environmental Health DRB:tms cc: Water Quality Control Board, Colorado Region cc , ti �� August 15 , 1972 �-. Jennings-11alderman-I.00d i) P,egistered Civil Engineers j 2001 Bast Fourth Street, Suite 200 , Santa rvia, California 92705 Attention: Oliver B. Cagle Re: Tract No. 4489 Gentlemen: LJ We are in receipt of your letter dated August 9, 197', regarding Tract No. 4489, and also the three copies of the utility y plan for the proposed unit development i:n .the Palm Desert area of Pdverside County. A check of our records indicates that on the basis of soil. data subsJitted to { �--� this Department in 1971, ti-ie method of sewage disposal is to be by septic tanks i { and leaching lines. While this .Denartment feels it is in the best interest of the developer and the buyer to connect to a public sewer system, we must point out to you that on January 3, 1972, this Depart-ment set tentative •recommendations with the PUverside County Planning Co=ission. These recommendations consist of approval for septic tanks and lea61 line installations. ,/i Sinc. it is your desi. re at t;iis point to ccanect the tract to public sewers, it will be necessary to supply this 3epartuient witl.i a letter from the scwerin.v., agency, s1towing their approval for connection. Wien this letter is forthcoming this Department will barite a revises letter to the aiverside County Planning Commission stiowing our approval for connection to a sewer system. If you have any questions, please contact tie at this address. Very truly yours, 1 • zcl,seT•?, ..D. ,1r.P.x. Director of Public Health AUG 2 - RIVERSIDE .._:u.-NIN' J. Paul Begley, R.S. , Asa't. Director Environmental riealtli J PB:tans cc: Planning Commission 4600 CAMPUS DRIVE NEWPORT BEACH, CALIFORNIA 92660 (714) 557-2001 July 7, 1972 Mr. William Padovick, Associate Planner Riverside Planning Commission . 4080 Lemon Street Riverside, CA Dear Mr. Padovick: Re: Tentative Tract No. 4489, Palm Desert The following is a. brief statement of intended land use and type of construction for .the above referenced development. The project will be constructed consistent with the site development approval obtained earlier this year. Design has been completed and approved resulting in a project containing 248 tovinhouse units. The project is being processed as a Planned Residential Development meaning each dwelling unit will be constructed on individual lots sharing common walls with adjoining lots. The buyer will receive fee title to his unit and the land below it, together with a membership in a Homeowners Association which will be vested with title to the common area. Approximately 51% of the site has been devoted to recreational amenities and open green areas. Six primary activity areas have been created, all of which will include s,aimming pools , therapy pools and decks. In two of the pool areas, recreation buildings each containing approximately 3,000 square feet are planned. Amenities such as sauna baths , billiard tables , ping pong, kitchen- ettes and lounges are envisioned for these buildings. The complex at the northern end of the site includes two tennis courts; the project sales office will also be located in that complex. A selection of three floor plans has been designed, a two-bedroom unit and tiro three-bedroom units. Exterior features include: 2-car carports, entry courtyards , and patios off each living room facing the green area. I^t-crior features noteworthy of mention include: large master b^drooms with dimensions of at least 11 ' 0" x 15' 0" , entry halls, living room orientation on greenbelts , built-in appliances in the kitchens, and laundry facilities within each unit. Architecturally the project will present a Mediterranean theme, the most predominant characteristic of which will be the mission tile roofs. e Mr. William Padovick -2- July 7, 1972 Construction is anticipated to be split into four phases, the first of which will contain approximately 74 units and will be located in the northeast corner of the site. Sincerely, EAGLE DEVELOPMENT COMPANY 6 L) Robert T. Law Vice President nvis cc: Mr. Stephen Schwartz J. H. H. E Wit CI WOO Qxrorlwarly AM cc W, hO. •....o- tt G...jon __ nr:.. y 131 ..=� .....,,I;t.5,'.'A PA"I i. 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Lad L<.:C.:L= AM. t'.,w density in t;:y O.,4J°.a,:._, RY ,i r0 a e }}ttt.:[m N [• .~'.V=d v ,nct is Wk„_.2 c tr2.`.n lt'3fy 1 �i��^ ..-'T rr •,�-rt - ((�,�r..`�� im• .. _....-..N tiW._... t�.,..._... Mal Man S-,_ d lot M a. I,.K CCU ...a.a M Pula v Wan ti...... f. .»....�f t• tt.r ,. .....< .._'�-f.: ..,. 4'a..�_,,.,.r.sJ4'��.�•A .... .,v,_. •� ��' .,t,,....._ �t f_:.;Q � ('- t MKI _ ,• 4N Vito, ^ry- a. _ Canoga_ t..., ^-al .:J.:.. _.._-........ _..emu _.,...., reera.rJ........-..... ..- ...:..�A:.:.:<, ...,,...�=: ,.��t: •:•._cry 1� _. _.. ...._... .;;,:� •,:.L __ ..,. .,_...w .._.,.w..t,';.ip w-a-,ca a �;.aa.a i:: ...._ !�...;:J U a:• ...5..�:< A T_.-,,..=1.::_:n i'""i..__.. ..... .....:.:•.4o d but _.^n....._c 4: -�.... Y�C... l.i: �. ..4� .�.M., "t.._...��:J �..T .....-,a.. .,.1.•.. V? Ann The 21, was COMMIC211 shot too �lL:.'�vi_......n,.:f.,:Y� '.,..:i,�C •�' -tCi�.'i-'. ..., ,,,4+i ♦:V'.i .NFOY ....... 0,. They have graciously a,.,uisced to strainhten the p, oposed Street , extension of Ave . 44 After a review with the project developers , we v-ish to offer the following comments . 1 . There was an excellent improvement of the site planning on Painter ' s . Path .with more undulation than previously submitted . I believe that the end of the row should be further offset towards the tennis courts . 2 . The set back and wall and landscaping as requested was not indicated on the plot . 3. The interior circulating road that approaches the highway is too close to the property line . It is suggested that an undulating wall and set back of landscaping approximately 20 ' from the property line would be most desirable . The wall should be about 4 ' -6" high . The landscaping around the commercial installation of the warehouse should be increased to about 15 ' to adequately hide the warehouse . It is quite apparent to a point on two sides of the Hoars Pool installation . 4. I still believe that the storage yard i-iill be difficult to screen as suggested from the street and adjacent property owners . To go over the bridge it will be impossible to wall this. area . Landscaping and trees in abundance will take some time to screen it , and their maintenance would be mandatory as a condition if this area is so approved . 5 . The units where they have restricted them to 6 in .a row should have more space in between , such as a minimum of 15 ' , and some windows to break up the monotony of side elevations . 6 . We %.,,ere disappointed %%,ith the elevation studies although they made considerable improvement in the central units . They explained ..that this elevation �qas not really intended to use unless they were able to obtain more 2 story units . It was impossible to determine the side elevations and the roof configuration as they did not have these drawings with them. 7 . We believe that they should have an overall tile roof and not the composition and Flansard tile face , which is indicative of low cost apartment developments in San Fernando Valley and the Santa Ana. area . B. The size of the privacy yards was hard to determine and undoubtedly to small to be usable . 9 . They did submit a 200 ' setback on all 2-story units , which was most encouraging . 10 . It might be pertinent to inquire whether the project is to be constructed at one time or in several increments . If this is so , the pattern of this development should be indicated . 11 . We do not think that the air conditioning units should be on the roof. A 2-story building could look down on this project and be very unsightly . They have informed us that they plan to place them on the roof behind the tile 14ansard roof parapet that we have protested . To finalize these comments that we hope you will consider v.,ii1 be a definite improvement to the community . �,�� i;h i;n k i-r-��t.ew-s.o�...g-o•-i d e�.,i✓h e�.eti.,d.e vel-o-per.-s..._�.t o c o�r,e."m w.w i•.�_._;�.h A_� r rlUir.em.e.n-ts—o*u i��i-n-ed , --- We do appreciate their attempt to meet with the community ' s desired aesthetics . It is unfortunate that the Cove Communities have not implemented the Regional Plan ,i,„ j Coa,aai-o'n'i:ty or the Architectural Review Board . Sincerely yours , t • MINUTES OF MEETING ARCHITECTURAL CO: i,ITTEE PALM DESERT PROPERTY OWNERS ASSOCIATION A meeting of the Architectural Committee of the Palm Desert Prop- erty Owners Association was held in the Association ' s office at 5 : 00 P.M. , Wednesday , February 9 , 1972 , at 73-833 El Paseo, Palm Desert , California. Members Present : Robert I . Pitchford , Charles F. White , Jr. , George Ritter and Bernard K. K. Leung Members Absent : Don Shayler The meeting was called to order by Robert I. - Pitchford, Chairman. Item No. 7 - Revised Tentative Traci Map for Tract 4489 received from Riverside County Planning Department for• evaluation. The Committee felt some improvements had been made over the con- cept reviewed on January 20 , 1972 but offered the following comments : 1. Painter' s Path should be extended to El Paseo. 2 . Inadequate setbacks from streets . 3. In general , less than acceptable street layout. For example : a. Poor condition at Avenue 44 and Street "A" . b . Dead end at Street "H" . 4. Recommend garage door concept because of crowded automobile condition. 5 . Inadequate parking shown . 6 . Recommend one pool per 30 units . There being no further business , the meeting adjourned. Approved: Respectfully submitted, George J . Ritter ' Secretary December 16, 1.971 Riverside County Planning Commission 4080 Lemon Riverside, California Re: Tentative Tract No. 4489 Gentlemen: On December 14, 1971, we filed the captioned Tentative Tract Map in conjunction with filing an app he salication for a Conditional Use Permit, both of which concern tme property, to wit: a 29 plus acre parcel on Highway 111 in Palm Desert. We understand that filing on such date qualifies the Tentative Hap for hearing on January 12, 1972. Since the hearing on the Conditional Use Permit does not take place until January 26, 1972, and since approval of the C.U.P. is a prerequisite to securing approval of a Tentative Map, we request that the Tentative Tract ;\lap hearing be delayed to the meeting of January 26, 1972, at which time it may be reviewed and approved concurrently with the Conditional Use Permit., Very truly yours, EAGLE DEVE-LOPHEi\7 CC?,1PANY James Wilson Jiff':110 DEC 20 1971 r PLANihti`{h 4600 CAMPUS DRIVE NEWPORT BEACH, CALIFORNIA 92660 (714) 557-4232 -• r► _`�----_ DEPART►,IENT OF FIRE PROTECTION IN COOPERATION WITH THE � CALIFORNIA DIVISION OF FORESTRY J. EL.MER CHA,AlBERS P.O. Flop 2fS It II ERSIUl; a , ; ,.. COUNTY FIRE WARDEw ���_�_ C STREET & SAN JACINTO AVE. PERRIS, CALIFORNIA 92370 .__ ..J TELEPHONE (714) 657-3103 February 29, 1972 Riverside County Planning Commission 4080 Lemon Street Riverside, California 92501 Reference: Conditional Use Case No. 1371 Variances G No 1171 Tract No 4489 Gentlemen: Provide the following,protection: 1. 'Install standard #701 fire hydrants in accordance with Riverside County Ordinance 461. 2. Provide 2,000 GPcl fire flow for a two hour duration in excess of domestic supply. The computation shall be based upon a minimum of 20 PSI residual operating pressure in the street main from which the flow is measured at the time of measurement. 3. Fire hydrants shall be located so that no building in this planned development is more than 250 feet from a hydrant, measured by way of streets or driveways. Fire hydrants shall not be located closer than 50 feet to any building. 4. Prior to the approval of the ,:eater system plan, the Developer shall provide the Riverside County Department of Fire Protection written certification that the fire flow requested in "2 above will be delivered to this planned residential development. 5. The water system plan shall show that the design of the water system_ is in accordance with the conditions of Conditional Use Case No .371. 6. The Riverside County Department of Fire Protection requests four (4) copies of the water plan for review. Upon approval, two (2) copies will be sent to the Piverside County Department of Building and Safety, Land Use Division. Very truly yours, J. EIIMR CIiIMMS State Forest Ranger IV IAAR 062- RIVERSIDE COUNTY A:��s C ��J pLr. NNVNG CO�,a,�',IISSION State Forest Ranger I Jai:j1 STATE OF CALIFORNIA—BUSINESS AND TRANSr:i":TATION AGENCY RGNALD REAG::N, Governor DEPARTMENT OF PUBLIC WORKS_ DIVISION OF HIGHWAYS DISTRICT 8, P.O. BOX 231, SAN BERNARDINO 92403 January 31 , 1972 ' 08-Riv-111 40.4 Revised Tentative Tract 4489 Riverside County '__._Planning Commission 4080 Lemon Street , Room 101 Riverside, CA 92501 Attention Mr. Wm. P. Padavick Gentlemen: Thank you for keeping us informed of the revisions made to Tentative Tract 4489 located on the southerly side of Route 111 between the Palm Valley Channel and 44th Street, Eliminating the private road connection (E Street) to Route 111 is a worthy improvement to the overall plan. Using 44th Street and Painters Path (formerly Route 111) as the main entrance to the development will preserve the arterial traffic characteristics of Route 111. Very truly yours , R. E. DEFFEBACH District Engineer By r� L. D. Smoot District Project Studies Engineer ^7) \ f PALM DESERT PROPERTY ON?\TFRS ASSOCIATION. P.O. BOX 1244 PALM DESERT, CALIFORNIA 92260 TszI.:rxon-n (7I4) 346-2804 A Nc;i-Profit Corporation January 21 , 1972 � : :. Wm. R. Livingstone , Planning Director "` C.u:} :SIQN Riverside County Planning Commission 4080 Lemon Street , Room 101 Riverside , Calif. 92501 Re : Tentative Map - Tract No. 4489 - 292 Units on 29 . 3+ Acres in the Vicinity of Highway 111 and Avenue 44 , Palm Desert , California. Dear Mr. Livingstone : It is our understanding that the above-mentioned. project is scheduled for a Planning Commission meeting on January 26 , 1972 . The- Architectural Committee of the Palm Desert Property Owners Association submits the follow- ing comments as outlined in the attached minutes of the meeting of January 20 , 1972 . tuly y9u r. ;.. 1. Robert I . Pitchford Chairman Enclosure MI1,UTES OF MEETING ARCHITECTU AT CO ,'TTTEE PALM DESERT PROPERTY OWNTERS ASSOCIATION A meeting of the Architectural Committee of the Palm Desert Prop- erty Owners Association was held in the Association 's office at 5 : 00 P.M. , Thursday , January 20 , 1972 , at 73-833 E1 Paseo , Palm Desert , California. Members Present : Robert I . Pitchford, Charles F. White , Jr. , Bernard K. K. Leung and Don Shayler Members Absent : George J. Ritter Guests-'Present : Frank R. Goodman and Dick Oliphant ' /The meeting was called to order by Robert I . Pitchford , Chairman. V Item N�- Tentative Map for Tract 4489 received from Riverside y—P.lanning Commission for evaluation. A development of 292 Units on 29 . 3+ acres in the vicinity of Highway 111 and Ave- nue 44. The Committee had the following comments to offer: 1. Poor use of land adjacent to major highway . a� 2 . Access to highway should be dust at Avenue 44 . 3. Development should orient more to Painters Path , which should be completed to give more access other than Highway 111. 4 . Streets . of insufficient width for parking. 5. Poor radii on curves , insufficient for trucks . 6 . Poor parking conditions , insufficient spaces . ' 7. Suggest one covered parking space per unit . 3; 8. Building setback from street insufficient . 9 . Too many connecting units . 10 . Sub-standard common areas . The Committee ' s unanimous opinion was that the layout was unimagin- 'i ative and not up to local standards with ,_ as stated before , poor use of land adjacent to a major highway. Item No. 2 - Proposed Apartment Development for Frank R. Goodman - Lots 3 8 4 , Block P, Unit 1. The plans were approved subject to the following conditions : 1. Submittal and approval of color samples . 2 . Physical screening of airconditioning units . 3. Provide modified mansard roofs on east-west elevations . 4 . Provide full mansard at rear elevations . The Committee feels that two-story development is inappropriate in this area even though allowed by the deed restrictions . Item No. 3 - Proposed Residence for Foster Dean •- Lot 8 , Unit 7 . The plans were not approved for the following reason : 1. Not acceptable for, or up to , the established standards of the area. * Item No. 4 - Proposed Residence for S . J. Fernandez - Lot 17 , Block F, Unit 3. The plans were approved pending the following: 1. Submittal and approval of color samples . 2 . Increase side yard setback to fifteen (15) feet . Item No. 5 - Proposed Residence for Edward P. Chase - Lot 28 , Block F,_ Unit 3. The plans were not approved for the following reasons : 1. Design not acceptable. Item No. 6 - Restaurant Addition to Adobe Apartment Hotel -- Lot 16 , Block A, Unit 3. The plans were not approved for the following reasons : 1. As built , elevations not as submitted. 2 . Kitchen mechanical eeuiDment not screened. 3. Signs and entrance on Frontage Road in violation of deed restrictions . (See Article III , paragraph 3 , USES) . Approved: Respectfully submitte- , ` Georgp-,' J . Ritter Secretary j� J1915 • FIFTY YEARS OF SEMCE POST OFFICE BOX 1058 COACHELLA, CALIFORNIA 92236 TELEPHONE: (714) 398-2651 DCREaces o=FIcERS LEON KEG NEDY, FRES,DENT LOYi ELL O. WEEKS, E..,,.•EE° RAYMOND R. ONDS,VICE-FRES:DENT - CLE J. t,CRDLAND, :2RETAR7 S.D.WITHEROW \KILTER,R, WRIG.iT, /.UDITOR GEORGE H.LEACH RED'WINE AND SHERR;LL, A7TOA4E.5 C J.FROST December 13, 1971 File: 0421 . 1 Tract 4187 Riverside County Planning Coffin. 1,;030 Lennon Street .Riverside, California 92501 Re: Domestic dater Service Tract U39 Sec. Gentlemen: The Coacho; la Valley County Water District is able and willing to furnish domestic water service to said tract in accordance with the currently prevailing ",Regula;tions Governing Domestic Water Service of this District". ( (1 Very truly yours, ' l � Lowell 0. Weeks General Manager-Chief Engineer PR:lyn cc: Pacific RiM 73-893 Hwy. 11i Palm Desert, California 92260 R EQI Qti ( 1ji i S U B D I V I S I O N M A P T R A N S M I T T A L TRACT I`°° i�l :c� DATE Dec. 17., 1971 FROid: RIVERSIDE COUNTY PLANNING cu..,mISSION, 4080 Lemon Street, Room 101, Riverside, California 92501 TO: STATE DIVISION OF FORESTRY (Jim Major) Attached hereto is a tentative map of a subdivision. Please examine it and return to this office in time for the Subdivision Co=ittee meeting on Jai?° 3s 1972 at 10:00 AIM, � together with such recommendations as you deem appropriate. Nonreceipt of a recom- mendation or request for additional time must be considered approval of said map. RIVERSIDE COUNTY PLANNING COMMISSION Wm. R. .Livingstone - Planning Director r � ?i��. � ° ir?. '.F1J C.`tf m t:SF.•C�C1�?.i.f? 1 .r-..at�.l� TO: RIVERSIDE COUNTY PLANNING COT,14ISSION, 4080 Lemon Street, Room 101, Riverside, California 92501 Returned herewith is the subdivision map together with our recommenda- tions as follows: Zoning for this tract (planned unit development) Hermits construction that requires subs tontia1Zu more ti:an Scredv.Ze "A" fire protection. The Riverside Countzl, Denart,m,ent of Fire Protection requests to uirlte fire protection conditions into Conditional Use Case when this case is received by the Fire Department. The deveZoper should be aware that requirements. for fire flea could be substantially more than that required'in Ordinance No. 460. J. ELMER CIW,113ERS State Forest Ranger TJ LState Forest Rarcer T Ph Date December 31, 1971 - ;- FORM 295-5 S U B D I V I S 10I'I MAP T R A N S M I T T A L TRACT T:m o DATE ne o 17, 1971 FROM: RIAT'RSIDE COUNTY PLANNING CO11,1ISSION, 4o80 Lemon Street, Room 101, Riverside, California 92501 TO: RIVERSIDE COUNTY ASSESSOR'S OFF ICE Attached hereto is a tentative map of a subdivision. Please examine it and return to this office in time for the Subdivision Committee meeting on �," r -�'f'2 at 10:00 A.:J4 , together with such recommendations as you deem appropriate. Nonreceipt of a recom- mendation or request for additional time must be considered approval of said map. RIVERSIDE COUNTY PLANNING COMISSION Wm. R. Livingstone, - Planning Director By; Try. 2?. Pads rick d A=je:i.uto TO: RIVERSIDE COUNTY PLANNING CON4ISSION, 4080 Lemon Street, Room 101, Riverside, California 92501 Returned herewith is the subdivision map together with our recommenda- tions as follows: ! r Z Date �? -7/ FORM 295-5 Y-\ SUBDIV1 SI UN MAP T R A N S M I TTA..L :. r;.``.. , TRACT h°o° �t�F9 DATE Dac 17s 1971 FROM: RIVERSIDE COUNTY PUUPITING COPIMISSION, 4080 Lemon Street, Room 101, Riverside, California 92501 TO: STATE DIVISICIN OF HIGOTW _YS DI_STRICT VYII Attached hereto is a tentative mam of a subdivision. Please examine it and return to this office in time for the Subdivision Committee meeting on Jan 0 8, 19(2 at 10:Cu A.M. , together with such recommen(lations as you deem app-cnria- tc. Noi_receint of a recom- mendation or request for additional time must be considered approval of said map. RIVERSIDE COUNTY PLAIMEM C01,24ISSION Wm. R. Livingstone - Planning Director Un. P. Padavick a Iasociato 08-Riv--11-1 40 .4 TO: RIV- SIDE COU;ITY PLPIENING C01,12N TSSION, 4080 Lemon Street,. Room 101, 'Riverside, California 92501 Returned herewith is the subdivision map together with our recommenda- tions as follows: We have reviewed the tentative map for Tract No. 4489 . This tract is located on the southerly side of Route 111 between t--- Palm Valley Channel and 44th Street. It is noted that recoil- nition is given to providing the County Master Plan width of 110 ' for Route 1.11. The proposed private road connection (E Street) should cO nL or , to ♦ 1n. Standard Plans of ♦-11 o v and should include pocket lanes on Route ill. An Encroachment Permit will be required . Thank you for the opportunity to review and comment on this ten- tative tract map, R. E. DEFFEBACH District Engineer By L. D. Smoot District Advance Planning Engineer Dated December 30 , 1971 _ FORA{ 295-5 , .S U B D I V I S I 0 N M A P T R A N S M I T T A 'L TRACT a ° :9 DATE 3 e o 17e Y FROM: RIVERSIDE COUNTY PLANNING COMMISSION, 4080 Lemon Street, Room 101, Riverside, California 92501 TO: DMM 0 M Attached hereto is a tentative map of a subdivision. Please examine it and return to this office in time for the Subdivision Committee meeting on J.M. p 2972 at 10*.& .1"41 ' , together with such recommendations as you deem appropriate. Nonreceipt of a recom- mendation or request for additional time must be considered approval of said -map.ii 6i ' _ RIVERSIDE CC[TNrI*Y PLANNING COMMISSION EC � 0 I`' '�� Wm. R. Livingstone - Planning Director � v PivE?S1D rJ; By; - TO: RIVERSIDE COUNTY PLANNING COMMISSION, 4080 Lemon Street, Room 101, Riverside, California 92501 Returned herewith is the subdivision map together with our recommenda- tions as follows: Coordinate with C.L.P. Date Dec. 21, 1971 Harry If. Sc %t7 W Senior Plar..mr FORM 295.5 c 1-, V S U B D I V I S I O N ;i A P T R A N S M I T T A L 1'a °�< << n 9T! TRACT g7� DATE ``' 1, �- FROM: RIVERSIDE COU= PLANNING COINMISSION, 4080 Lemon Street, Room 101, Riverside, California 92501 TO: RIVERSIDE CCU TY BUILD11M P.l?D SAFETY DEPT. . Attached hereto is a tentative map of a subdivision. Please examine it and return to this office in time for the Subdivision Cotmnittee meeting on sir?:�. js }.�;`� atc•fg{jr� �_. « ,' together with such recommendations as you deem appropriate. Nonreceipt of a recom- mendation or request for additional time must be considered approval of said map. _ RIVERSIDE CO'JNFI7 PLANNING C0�4fISSION Wm. R. Livingstone - Planning Director 7' TO: RIVERSIDE COUNTY PI.AJTIING C011iUSSION, 4080 Lemon Street, Room 101, Riverside, California 92501 Returned herewith is the subdivision map together with our recommenda- tions as follows: This tentative tract is within an C-P zone. q;lt. This area was a fill without benefit of compaction years ago and the Building Department will byre uestingrya_soils report. due to what may by buried under existing fill. There should be a planned residential Exhibit "A" approved. —'Private streets must be named on final map so dwellings can be street addressed properly in accordance with the county street address ordinance. Prior to recordation of the subdivision map, a soil test shall be made and report submitted to the Health Department and Department of Building and Safety. Grading plan must be submitted to the Department of Building and Safety and Flood Control and shall be in compliance with the Uniform Y , Building Code, Chapter 70, as ammended by Ordinance 457. ' Date 19-21-71 FORM 295-5 ) i� hmynm of t.: WO LAOU Mks- .a.c. Dvi..:Gl-...... 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G,QD S S -t- %\I zz.Bz` :w'jOO N �. -q �, , �o 7/2.. p i / • F j050' � 5d �I 72 o •^ a � I -r _ 'i'` a 7-3 74 4+/ N ----- + --- t— 9,29 141 1 9 07 100 1�4.53 t p lc'3-7 0 73� �- ��y�.ho .s�.7� /,.s.39 ''• °h,�'� ,fib � �?'24S3 ' 12s' 9 20 e 9v OD OG� 25 .3c,,.27 25 e T r 28°3cs OG' 8�3 v 3 7 7 1 U 3/o� 152 lcc 5`.S/ Z8 99 i � - a A z ---'-- r k (f' 7ow NEPS CEPTIF/C.4 TE C/TY OF PAL1�Y DESERT SHEET / OF 7 SHEETS FILED HEREBY CERTIFY THAT W£ ARE THE OWNERS OF OR HAVE SOME COUNTY OF RIVERSIDE, �"T<! TE OF CAL IFOR/VIA ON RIGHT, TITLE OR 1AIrER4-ST /N DND TO THE REAL PROPERTY INCLUDED AT W/THIN THE SUB D/VISION 45 SHOWN ON THE .4NNEXED AMP EXCEPT THAT PORTION /NCLLIOED W/Tf//N P41NrfRS PATH AS CONVEYED C D.OUN TY REC TY8,4 REC ORDER TO THE COUNTY OF f,IVERS/DE BY DEED RECORDED AUGUST STH, TPACT Al " 4489 "`� C 1930 /N BOOK 867 PAGE 75 OF DEEDS RECORDS OF RIVERSIDE BY— COUNTY 4ND THAT WE ARE THE ONLY PERSONS WHOSE CONSENT /S BEING .4 SUBD/IYIS/ON OF A POET/ON OF SECT/ON /9, TOi�YNSH/P DEPUTY NECESSARY TO PASS CLEAR TITLE TO SAID PROPERTY AND WE 5 SOUTH, RANGE 6EAST �, SAAI 49f 4R0/NO BASE AND MER/D/AN, CONSENT TO THE M,4KING AND RECORDING OF SAID MAP AND ,ACCORDING TO AN OFF/C/.!L Pi- 4 T OF SAID LOND FILED /N FEE SUBDIVISION AS SHOWN WITHIN THE COLORED BORDER LINES AND TyE D/STR/CT LAND OFFICE, 'O!/EMBER 26, /856 NO. -- --- WE CONSENT TO THE RECORDING OF THE S4ME. 4ND WE HEREBY FILED ED BY COUNTY CLERK DEDICATE TO PUBLIC USE FOR STREET PURPOSES LOT A,.8 ,,9NO JENNINGS - H.4I-D El?MAN-/`IOC'IJ C/I/IL ENGINEERS SUBDN. G'TEE "C .4S A CONDITION OF DED/C.4T/ON OF Lor "9 E C (Sr4TE HiGHdVAY ,4WD LOT ".4" (PAINTERS PATH) THE OWNERS OF LOT /75 e,1UL Y /9 75' CIVIL, ENGINEER'S CERT/F/CA TE Q B UTT/NG THESE H/G//N/AYS AND DURING SUCH TIME /'YIL L HA!/E 1 HEREBY CERTIFY T1v,4T I AM A REG/STEREO CIVIL ENGINEER OF THE STATE OF j NO RIGHTS OF ACCESS WHATEVER 46 SUCH EXCEPT THE GENERAL C441FORNIA AND THAT THIS MAP CONSISTING OF 7 SHEETS CORRECTLY EASEMENT OF TRAVEL AS INDICATED HEREON. ANY CHANGE /N CITY ENG/WEER 'S CEI?TIFI CA TE REPRESENTS .4 SURVEY MADE UNDER MY SUPER/'IS/ON DURING ALIGNMENT OR N//OTH THAT RESULTS /N THE l/.4CAT/ON THEREOF 1975; THAT ALL MONUMENTS SNOIVN HEREON ACTUALLY EXISTS AND THE/R I HEREBY CERTIFY THAT I HAVE EX,4 A .WED Tf/IS MAP AND F/ND /T TO BE POSITIONS .4 RE CORRECTLY SHOWN, OR W/L L BE IN PL 4 C E W/THIN ONE (/) SHALL TERMINATE THIS CONDITION OF .4CCESS RIGHTS .45 TO 361BT4N7'/ALLY TyE SAME .45 /7' 4PfZ-,1, Z" ON THE TENTATIVE MAP OF TRACT FEAR OF RECORDATION OF THIS MAP, Tf/E MONUMENTS W/LL BE SafFICIENT THE PART !/A CA T ED, THE SE<'VER BIND df/,4TER E/-ISEMENTS NO. 4Q B9 4S FILED .4 AMENDED ANO ROILED BY THE CITY PLANNING COMMISSION 70 ENABL f THE SUR/iEY TO BE RETR4 CEO. THE SURREY IS TRUE AND ON 1975 THE EXPlR,4 ' '?N DATE BEING 197.5; COMPLETE 4S SHON/N. AiPE ,O4ifd91 TE,O TO AU.B L/C!/SE• T.S/E E45E41E/1/75 FO.P B/CYCLE THAT .d L L PRO VISIONS OF A PPL/C G B S ro TE LAW AND COUNTY REG(/L A TONS P,4Tf/ ,4w0 LANOSCA�E Pt/,Q�p5E5 �4,PE OE,4/CATEO TO Th'E CITY HAVE BEEN COMPLIED WITH; AND im SATISFIED THAT THIS MAP IS DATeO ��G �U /975 TECHN/CALL Y CORRECT cilFFopbl C. HOOD A.C.C. 12499 OF A4Litil D4 rED 1975 T.4X COL L EC TOR'S CERT/F/C,4 TE i B. DOUGL 45 POWELL CITY ENGINEER CITY OF PALM DESERT I HEREBY CERT/FY THAT ACCORDING TO THE RECORDS OF THIS OFFICE AS OF THIS DATE THERE ARE NO LIENS 1GA/NST THE PROPERTY SHOWN ON THE WITHIN MOR64N-0/7`511B/5H/ DEl/ELpPMENT CO., A PARTNERSHIP --- MAP' FOR UNP.4/D STATE COUNTY NONICIP4L OR LOCAL TAXES OR SPECIAL BY: MORSrAN 'OEk'FLOPMENT COMPANY INC, A DELAWARE CORPORATION, GENER4L ASSESSMENTS COLLECTED .4S TAXES EXCEPT TAXES AND SPEC/AL ASSESSMENTS P.4RTNER ' CERTIFICATE OF CITY Tk EASURER COLLECTED .49 TAXES NOW 4 LIEN BUT NOT YET PAYABLE, &HICK ARE EST/MATED TO B E S I HEREBY CERTIFY THAT ACCORD//UG 7tiE RECORDS OF THIS OFFICE 45 OF THIS DATE TH PROPERTY SHOWN OA TH/S AP IS NOT SUBJECT TO ANY D47 E M .0 /975 .P 434::!/CE iPO,Q,E.PT50/V SPECIAL DSSeSSME1VT5 BONDS OR LIE-f rVHICHHAYE NOT BEEN PAID IN FULL DONNA ROUER 6ABCOCAr l�/CL� �iPES/OEJVT THIS CERTIFICATE DOES"NOT INCLUDE ANY SPECIAL ASSESS/NENTS THE BONDS COUNTY TAX COLLECTOR OF KWHICH H411F NOT YET BECOME, LIE'./ UPON SAID PROPERTY. BY: DEPUTY DATED THIS ,04Y OF TAX BOND CERT/F/C.!TE PALM DESERT C/TY TREASURER I HEREBY CERTIFY THAT 4 BOND /N THE SUM OF ,fi` HAS BEEN F �f EXECUTED AND FILED WITH THE BOARD OF SUPFRVISORS OF RIYERSIOE, CAL/FSTATE, N/A C N IT ON UP N THE YM T 4 ATY .�, . ..-_._ . . ; OR O O / EO O PA EN OF L L T XES CDUN _ ( �U�S . r"';=""�^" �-�`' '.;"", -;.-.,..„..` v . .,.- s .., .5: _ �� trN,/C'IPeL OI? LOCAL AND ALL- SPECIAL 4SSESSMENTS COLLECTED .4S TAXES .- �'�, Ti`/E' .BOLL OMf//NG' ,E,gsE�/lEit/T L =;,•, !'�l"OT fj� L OG'.4��,2T`"�d/f7l�E�"0�. Wf/ICH 4T THE TIME' OF F/L/NG OF THIS M4P IN/TH THE COUNTY RECORDER CO.UC.S/ELL�4 v,9LL EY 6C/.9TE.P O/.ST,4"�' T �!/CL'ESSO�P /w /iVTE.p,ES T ARE 4 LIEN 4G4/NST S4ID PROPERTY BUT NOT YET PAY4BLE 4WD SAID TO Ti5/E lc�/!a'/�TS OF f�.9Lit/]pE.SE-�r �K/9TEiP CO/�/1.0i9/VY ACgU/iQEO BON HAS BEEN DULY 4PPR0[iE0 BY 6'4/0 BOARD OF SUPERY/SOBS. /.3Y OEEo �PECO.POEO Z161/V.E 21, /� r/ -g5 /N.57-1PUiWAe A-17 I-V 0 1lv¢SS' DATED /975 DONALD O. SULL/(iAN COUNTY CLERK AND EX-OFF/C/O t + CLERK OF THE BOARD SY: DEPUTY CERTIFICATE OF CITY CtERK I HEREBY CERT/FY THAT AN UNDERTAff/NG SAT/SFACTORY TO THE CITY COUNCIL %OF CITY 0114R4NTING THE CONSTRC/CTION OF REQUIRED STREET /MPROI1EMENTS IN THIS SUBD/V/S/ON WAS APPROVED AND FILED IN MY OFFICE PRIOR TO THE FINAL ACCEPr4NCE OF THIS SUBDIVISION MAP. IN WITNESS . WHEREOF, r HOVE HEREUNTO SET MY HAND AND AFFIXED THE OFF/Cl/!L S7EeL OF THE CITY OF PALM DESERT, 041-/FORNI4., r/5//S DAY OF /975 STATE OF CALIEORN/A o COUNTY Of .P/IiE.PS/OE ss. \`0�b� CITY CLERK OF THE C/TY OF PALM DESERT, CA. C/TY COUNCIL CERT/F/C.4 TE ON THIS DAY ©F /97J BEFORE ME A NOTARY PU91/C /N AND FOR 64ID COUNTY AND S74TE, PERSON4LLY APPEARED ,SB h ��' PRES/DENT OF °� �� RESOYED THAT THIS MAP CONS/STING OF 7 SHEETS BE AND SAME IS HEREBY R. Aglee/CE iFo64,e7:50N, rY.vOk/iv TO ME TO,3,e` T/fE ,lee O s6 �'� �, „4 ACCEPTED AS THE FF/ / F RA Aoo/O RS TA /V DE VEL OPMEA/ T CO A,IPA Al Y� 1/VC, 4 DELAWARE _ — E O CAL M4P O T CT NO. 4489 A SUBD/YISION, THE CITY CORPOR4T/ON, THE CORPORATION THAT EXECUTED THE ` 1THIN INSTRUMENT ---- CLERK IS HEREBY,4UTi%OR/ZED TO DIRECT .4ND 4TTEST SAID MAP BY S/GN//VG 4ND KNO/YN TO ME TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT ; � 7E �e9 y 65 'HIS NAME AND TO 4FFIX THE OFFlcldL SEAL OF THE CITY OF PALM DESERT, ON BEH44 F OF SAID CORPORATION, SAID C0RPORRdr1ON ,8VA/G KNOIYN TO ME TO BE GENERAL s 6� CAL IFORN/4 HEREON. PARTNER OF MOR0AA1- M/TSUB/SH/ DEVELOPMENT CO. THE PARTNERSHIP ��16 F syf� �'' ��.� 6 - TH4T EXECUTED THE WITHIN INSTRUMENT, AND ACKNOx/LEOGEO TOME THAT �'�� �a ' 6 5 6e 7, e OEO/CAT/DNS M,4OE 1reVEON 4,PE .9CCEPTEO� EXCEOT�iVG TyE SE/(/G�P SUCH CORPORATION EXECUTED THE SAME 4S SUCH GENE.Z?4L PARTNER 4ND , �� ANQ K/ATE�P EASEMENTS TH4T SUCH P4RTNE�PSH/fl EXECUTED THE SOME. s,s� �� � r I 60 �o WITNESS MY HAND AND OFFICI4L SEAL . ��` ��o /� / ��, ,p 5 ///e`.4'E.c3Y CE�PT/FY THAT TyE �'pq�EGO//VG �QESOL l/T/o/V K/.4S .900.42Teo R 9 i 165 ? 9 / �ti\rye 6 f_ 1 g8 .BY T.S'E MwyO.p,9N0 COl//VC/L OF T//E C/TY OF .�.9Lifi! OE.SE.PT r" 4 li4 / >4s1 73 TiS�/S 0,4Y Of /97S 7 g 5 NOTARY PUBLIC IN AND FOR � \� v o o ° '..- , ' %17 64 O O �� o� Imp 9 SAID COUNTY AND ST4TE. c, q\p ••,/ o 0 0 0 n • • "r 0,�,� h00 � 52 \ -+a 79 g/ 25v , Q 424 SEE SHEET 3 3 C J V Q G 6 SEE SHEET 4 SOLL,S REPORT I� INDEX �'�°/ P A SOILS REPORT WAS PREPARED DECEMBER 20, 197I1 BY S. S/DO/OUI, CIv14t ENGINEER /9915. f i C!T Y OF P,41 M DESERT SHEET 2 OF 7 SHEETS COUNTY OF RIVERS/DES STATE OF CAL /FORN/A TPA - 4489 JENN/NGS - H.4/-,0 EPIWWN-/-/OOD C/t//L ENG/NEEi4S MAP NOTES MONUMENT NOTES CONT. `,r�r' ALL PUBLIC SERVICES DND PUBLIC UT/UT/ES INSTALLED ALL MONUMENTS SET PER R/(iERS/DE COUNTY W/THI(V THIS TRACT S11,41-L BE PL,4CE0 UNDERGROUND ORD/N,4NCE 46/.2 'J TOTAL ACREAGE = 2/. 5¢¢ 40. ^ �� j -, O UNLESS OTHERWISE NO TED� SET STAND4,P0 "'C" 4 R L T OQ / LOTS / THROUGH /74 ARE RECTAGUL<4f? /N Sf/APE MONUMENT-A 2"x 2" x/8" LONG REDWOOD STAKE l A /° /2' 041' 330, 6.92, ¢, �0 {Y/TH N<I/L ,AND DISC MARfrED R.C.E. /2489. 284 33052'06" 88' 52.02' BASIS OF BEARINGS : 288 7017' /9" /Oo ' /2, 72 N / V A INDICATES SET ST4ND4RD ,9" MONUMENT-AN /8" 28C 26°,34'47" /00' 46.39' THE NORTHEASTERLY BOUNDARY LINE OF TRACT NO. 4489-/ BEARING N3/a07'/2" fY PER M.R. 79142 RECORDS OF LONG COPPER CLAD STEEL P/N WITH A /%2" 280 3.3052'06" /00' 59. //' 30.45' RIVERS/DE COUNTr. CON/CA/ BRASS 6WP STAMPED R.C.E. /2489 SET 28E /0°54'40 //2' 2/. 33' V FLUSH W17-H STREET PAVEMENT. 29A /00006'/7" 25' 43.68` 29.85' 4� �� �� n ��Q MONUMENT NOTES 293 25°46'24" 37' /6.64, 8.47' E 2 ' 30. 78'• INDICATES /YONl9EN73 FOUND AS NOTED PR. 1 O T CORNERS --- �Nl .� � 1�' � ��� LOT / THROUG 3/B 7° 06' 27" 88' /0.92 \ n �9 0 p� H /74 //VCLUSIVE. 06 27 700' /2.4/ 6.2/' • Q \ Q / (SEE TYPICAL DETAIL BELOW RIGHT) 3/C 7006' 27" //2' /3.89, \J U /ND/CA7'E5 STAN©ARD '4"00NUMEN7 TO BE SET PER ICATES STANDARD B" MONUMENT FOUND PER TR. /N. co lj� {� 12, 2i - s r. y - ' A n 414 � 0 S1 70 DD - hQ� = �aao 9G.do' o wo 0 7 W t-\\ ti j /2. 117 .4.C. /YET , 79 Zt ,43/2 E 7a. 27. 50 2�. 50 I I O � ' o ' 1 N 44 ,00 N A? 27.50 3 j-- 27. n h 9 n �' �II >aoo titi �— 27.5° j20 d' M Q; `� o ( ova, nh0 � � 7aoo . �60 � 6 2� 50' I �9 00 Q 61, ti //? ` 8 �, o 0 0 o o /Q 0 ' 7apG Z o 00 0- \1 Q 7 N V I ,, V O 9�� ,0 a0 S' I o 1 ' v o o_ w ��0 O.OD v O ► o tV / �J t\ N o 0 0 0 0 50 Z 3� 2 Zy °z6 34„� -23 s9" �► /// �, ,, o o p o 2� 0�1 �o00A p �h A1,63°3 7'0/•,E_ ---- __ _I 7 h0 t o o 0 2 7.5 0 -fit %�' Z7.5- GCS h3 o ,70 4q N�> t 1 30.79 � 70.Z / J 31p _ n SET STD. "C„ , e Q 4N v nl c�Q '� 9•93' N� 3/8 / MON. TYR N� 30,44 �9 b h 24' PRIVATE DR/I1EW4Y & d M\ / i N��'I C1 'Q SEWER ly,4TER ESM'T. QAZA u 30.�9 m \ cq\o t Q, Cr �' ' 24` PRIVATE OR/!/EWAY p�\� SEINER WATER ES/Lf'r o m o ` OFf•$.Ej �ONU�ENT.S 24' PR/IiATE SEE SHEET 3 0 CSf sro. "D"yon!- R04D 45ASM'7 (Q LOTS / 7 ,oA eZ67,y i7q A-4'4"X/B"LONG /.?fY�D/SK MARKfO RCf. /?489 TYR. '� //1!C'L L/��'/(/E - x .. a. . _ - - I SEc S.�EET � � SHEET 3 OF 7 SHEE'T CITY OF PALM DESERT N30° 06'00"w _ 27. 34' e 70. oo' � COUNTY OF RIVERSIDE.. STATE OF CALIFORNIA N 9 6 PTN40 70,00 ' O 70.00 LA JENN/NG5 - HA DER'M,4N-H00D CIVIL ENGINEERS N 97 0 (b I I 70.00 ' N �N a R r r S E E SHEE TS 2 & 6 ' 70.oo ' 2.4 35°09'42" /86. //5.37' so.4LE: /" =30 ' p 500 ' 28 91, 37' /3 ' 200' 33.87' 9 2C 2/°09,39" 200, 73.86' 5.00' N 8 20 4° 22' 50" 200' /5. 29' ri ' 2,- 35-09'42" 200' 122- 74' 63,37' 70.00 70. 00' 2F 35°09'42" 2✓2 ' /30•/0' O �500' 3A /8° /7' 45" 88' 28. /O' 0 27.50 ' � ;� 24' PR/v<ITE OR/IrE/'1/t1Y � 38 /8° /7'45 " /00' 3/. 93' /6./O' ,h 300' N 99 I 0 ' SEWER 8 )WATER 155"'T. 3C /8°/7'45" //2 ' 35. 76' W 44 //° /2' 4 7" 88, / 7.22' O° 2 7. 50 " O I 70.00 4B //°/2' 47" /00' /9, 57' 9.82 70. O 70.00' p 3,-0 0' 4C //°/2' 47" 2/. 92 L 0 7- 7S � I �� 2 7. 50' O a 5A 6° 37'41" 288, 33.32' O `) /OO12. 117 A.C. ^ T p ' S6. 9' 2 .58' 153 /0°53'06 j 70. 00 5C' 2 .�I'/4 3/ 2 /4. 27 O � � h b 0- N ; 6A /03°50'O/" 25, 45.3/' 3/. 90' 2?50 ' h `�Q N 30 ° 06' 00",W 74 67°54'07" 25' 29.27' /6,83' n ^�J / 18.4 //2°05'53" 1 25' / 37./3' .lz�j /0I A 72°09'32" 25' /8. O 7 =' - ,'- _ 3C � N 4207 ¢5�,- , so q/P ' 0 7 4 5 W o °0 27 50 % s p8�� .n / N 42 '70,00 ' o /03 0 27,50 ' O /Nj 3' � �'9 Z/_B3 d _/--- N23°33' O8 R/ 2S \ =W a N O O o o I04 2 7 50 ' / 3/� ,Q .3 r• �'�- - _z4 i7 j7� 0 --�- 2 7.5 O O (� O O p0 / " 0 7 p Pcc 7 00 ' PR/VaTE OR/vEWQY ,O 2 7. 50 ' p I / N`�2 00' �n h I N oo' 70-0 4 �- SEINER 8- WATER ESM'T. Q' .�27 2 k.SO � 3 Pi4'C: N 0 oh //O 27. so ' /05 0� / y S1 o tiza°i7-�4'�v Z v c� 'U o o - r.-. , yes, o f o o j , 5�/ 27 2 9 h o o �h O 27.50 0 70.0 500 1 29 N o 00 c�o� p p h p 0� d O^ h , / 149'3 �\ 2/ 6.0� 70,00, 6 O D 1 N 5 00 " 70.E 0 �,•-' - A _ - \� ��i // •'/ J t \� . 0 4 � /06 74.0 8 a� /� � 0 a I 3 -'/ 0 I N A,4 QCj, n h 27-50 �}� / '� ,W�5� 0' �, o �9I N n I p l07 i % Lv �/ I•5 p �0'� n v II� ` 00 600' 08 0 i /.� 3 y- 2 5 0 •00 ' 5 00. 6• 70 °0 �- �� AsoI /09 / 27.50' � �2'. ti� � / �O 2. _� �o `� � o i � ( � 70.0° o 90 - I 127502 d o 0275o / i �� y o -o � 2 5 I z a \ / I I p n �� 1 5 �_� b - O N 70 00 I I N 00 ' Z %� s 3 N 1 11 50 o o 6 00�{ 0.00 ' 6.0° 12 l2' I 5 0° 70.0° �5 \. / cpa3 Q9 . �3 7 p �1 00 ' - 2 , l 70. 50r o Z Wi�� 0 oo Z O 2� N vj t4LJr , )so ¢2-� -_ 9�6 , ' 2sis w .- �- 5 o r 2 "' 3 c� 1 �� 237s7 - _. - _ 2� o Z -o Qo 2�.5� N 70` 2 ' ' ,� 7 00 n, `sc'• / �s 50 0 o a 2� 70.0 0 �' °°' 7, 45' �'✓ 2l cJ o o r 0' /f - Z3. :. N 0 L 0 0 ?1 r 2 5 20 2� 5 0 23 N p2. 95_ - cp �''��Q.3J 7q7 T 7p1 0 0 %IN 70, N42° 0 �� oaf / ¢ ° 0 0 s 2) �? ^0 0 0 0° p 0 .� "� o �8 �.� °/9510Zp,,.� sr)�9\ ' Q CCE$TS �'o, /� Op ^ 10• Op 0� 1 2 o a 33•�� T `v R 16 ST R 10-0 50 z70 9 � � g. � o 0 ___s �- •h°o s- / 8 9 2 � N 2 �.,� �0¢.8 �� ¢� � 0 SCE Z84/ �d7 ¢ 2X2 A�2 /"42 � � Nr S � � Z 'D� 2 /V 4 c E S S Q T N HERS PAIN 9 , T 2s�92 CITY OF P4 L M DESERT SHEET 4 of 7 SHEETS /F /A COUNTY OF RIVERSIDE, STD! TE OF CQL ORN � s-s- 'sue Q TP4 CT - 4489 Ef to ` V � �o •3/"�l/"2A /ENS(/ N S-/ G L ERMAN-HOOD CIVIL ENOINEERS / . NA D • / \ \ r r_ �'� ' D.D . / 2750, Rj .� Z %q'¢7 N �� �\ �^ 0.0 0 / 2 7 5p, T X 2750' -�- �2 /7S N� q �5„� �o.00. i�\ . ` \ 0 70 °° ioa Q go 27, 50- . 'Q C /VE"T ^/(D� 5 / o \� 3.00O SC,4LE: I"=30 ' / h 9 -76 88 0 oQ93 e 6•0 r � � b N O � W 27 50 O .00 -`` 3 p0 ` N 4 0 N o � 2 7.50' � 70. 0 ►� i 85 o h00 o 1 27.50 ' o kbII \\ 275p - 275p o o 0 0° o 0 83 27so- 3.0e�A 78 W /.p0' {� 1 N 53 N v J � 1 � . 7 '0 0 12 1 0 0 o .5B/3 ' ?5��� ` ^ N O Q.) O h 70.00 -� -� ����, o ►. o y / --� _ /p ip�9• '^� ' 2750' h O n, �.DO�-� 79 v • ,.o , tJ O t� 27.50' O N ��� �-- Nt 0 N gp o � J 5 � o 0 27 so --� %o \ o o o 00 C � O I �S `��o 24 PR/ydTE DRIdEwQY & 1 2750 \ �� �.\ ► SEWER & WATER ESM'T. u� / N Z2' N 60° 5 O a v o O. 27,so' 9�' ��,+: 2 _ 1.5 �t Qh s - - y tz N Atu,,,t s3 _mot e x _ h O O O � �,� i � � Ste• 3s �_ :. . . . ; .. - . _u.,� O O 27S ti \ O ti ��_ \ 0 7i1v7 v a N 6 2 c 33 5� ^ o op O W 27.so \ 9�. �/6 0 27.So ' n � " �i � �1 o 9 27.670, 36` o O p ,�. 7/G Zap- -��' �, 4 c Nd o O 1.6 7 50' q/� 1 4, N ,, o o� 27.50 ' .38 h o 0 0 0 0 4 2750'. 27So, 27.So ' _ � � l O 2 7.50' o � O° � N a �'' o 0 o w e � Z 1 4 N� 27 so, 3 N N o o \ tw W , o � 0 4p h 27.3-0 , 4/ ^ ° � � �hoho ° o o ° 0 � n o �, d7 27.50, lt, 2 � � N \ � 1 k-T\ 27.so 43 4Q '�5 o, 1 �. N y! 0 o� K 2 7.50 ' 70 �`0 2'YZ T-QG'G O O 1 2 7.So' r f1 89 ' Eo 0 2�.so' 27.so WAy 9. 72 " �' lVATE DA 5A4'T. 0 °O op 0 24 P R& WATER , o� ° 59 /5 00 \9 ��"��� SSW E , ?v " N 6 0 / \ S o-PivEjr" �, 'P 2820. 93 ' t� L= .�/8- /8 ' Q P T 4 //v d R ,477 L T d R L T d R L T IDA T H67 84 112°05'53" 25' 198.91' 37,13 ' //C 21°52' 39" /00' 38,18' MS /' 29' 47" 300' 7. 84' 9,4 72°0.9'32" 25' 3/. /9' /8.22' /lD 30°37' 53" /00' 53.d6' 27.39' IQC 2° 54' 30" 300' 15. 23' 13.43 39"2/' 9 10,4 //'46' 23" 288' 5-6,67' HE 30037'53" 112' 59.88, I46 2° 33' 37" 300' 6. 99" G /08 //'46' 23" 300' 6/.64' 30.93' 12"4 90000'00" 25' 39,27' 25.00' 10C I/'46' 23" 312` 64. 11' 13A 12° 50'19" 288' 64.53' ! 1/A 30*37' 53 88' 47.05' 138 /2° 50' 19" 300' 67.22' 33.75 l/B 9045, 141, /OO' 15-2.6 ' 1 113CI12" 50'19" 312' 69. 91' ' { CITY OF P4 L M DESERT .moo .�� T��GE� �:oo • SHEET s OF 7 SHEETS COUNTY OF RI V46PSIDE, S T,4 TE OF CALIFORNIA TRA CT IV-9 0 4. 894 JENNINGS - HA L DERW N-I-/0OD CIVIL ENGINEERS ` 1 p CA D� III .moo i'i T,4GGE0 z ✓ 0 PA OE R1 _�_ .Pc E 28 o•-37/v F. °p•? � ����� o5E0�5� � � � o2Y2 T 94G9�8 9-/ f6olc P T2 � � 84, E Z' 0RPL� ,oEP TAP / /S�cAP��� o�A1 L 5 ,v88 59 23 „� 29�-�� 2�APo P A 24' PR/V4TE W,DR/VC4 Y �\ -- _N• 9�•73 _. =\�/-/-� 13' �� 6.05 N �� SEWER � rY.4TER \ - /�A -� \S R = 2 5 00 ' 6 0 L 39. 27 �i0 "' 50 y 73 - 0 00 i -48.77 ' 7.5]7.55 0- \ 27.50 27. 50 27.50 7. N88° 59' 23„E /3ru SC,4L,E. /"=30 , oo s Rs- Af- c � h / �l1 , 0 9 3 90 z oho / t9 \�� n" �° o P AR19/ 92 � a �27.so 27.so " 27.50 27 0 h' 0 0 /` h°o h q9 i yp 5y" o N 88° 59' 23„E moo, ^ ^ / q�/ ti 0 (p hp \�� V 5 ti o0o h0 �GAv txa ./ ry ov gO���Q�k � Z 1 U 7- 7 � o ^ ti � / s9 � �¢ � ,• tit _ y 12. H 7 .4. C. NET �o� o � �1�P/h 9�- o �,h �/ \` r �=� gOQP� 0l 00 40 o- v ^ C /4 A 25°40 38" 288' /29. 07' h0 ) w � 2so�- �� � � h0 /Q C 2' S�1'30" 300' /5. 23' V /4D /3°48' 26 300 82. 77' �o / ' E 00 0- hp \��f/ �� -7- >0 000 (�` 14E 20 5.3' 58" 300' /5- /8' \ oo ,�. 000 oo- 4 /4F 20 33' S7" 300' 13. 43 /46 1020,031, 300' 6. 99' /4H 3° 52'27" 300 20. 29' h0 000_ 6' �� / r N ) >o \ O / Id 20028'08" 300' /07• /7' �^ h �o moo• � / 30 C? oo- V 0 /�S /4K 25°40'38" 300' /34"45' 68 .37 ' oo_ rL �Vj o o- oo - �' /4L 25040'3B 3/2' /39.82 /5,4 /2. 50' /9 288' 64.53 8 / 300' 59- 06' /5 /°33' 29" / 2s-\ 0 1 / � � oo- h h° ^` •oo - /5D /2°50'/9" 300' 67. 22' 33. 75' �� oo ' Ii ^ /5E /2°50'/9" 3/2 ' 69, 9/' � /64 450 46'26" 88' 70. 30' O oo - �o %6B 45046'26" /00' 79.89' 42.22' �o 6C 45 46'26' //2 89"48 oo ti /74 /5°45'04" 88' 24" /9' /78 /5045'04" /00, 27.49' /3"83' /7C /.5°45'04" //2 30.79' /8.4 /49°44'OD" /5' 3 9,20' 65"46' 188 59°44'00" 2 7' 28- /5' /5.5/' / ! Q: ems• ^' O 3 89' 24' PRIV4TE D1?111,f- .4Y & W4TEf� ESM'T. /9 4 67°25'02" 25' 29.42' I / o SEWER � � l \ -moo � SEE SHEET 4 I CITY OF P,4 L M DESERT SHEET � DF 7S.yc�.ETS Ll R L T COUNTY OF RIVERS/DE 5%T4 TE OF C4L /FORNM 112 12` I 18,4 /49'44' 00" 15, 39.zo' S5-46' 185 59044' 00" 27' 28.15' 15.50' No 44 I I 18C 54011' 30" 39' 36.89' 194 67025' 02" 25' 29.42' 16.68' TR4CT .. 204 250 13' 09" 38' 16. 72' I 203 25 /3 09 SO 22.0/' //• /9' i 20C 8'/0'Q/" 62' 8.B5' JENN/NGS- HA L DEPAMN- HOOD CIVIL ENG//VEERS I I 21,4 /3°58' 24" 138' 33.66' 2/8 5158,05" 150, 15.62, p I 21 C 80 00'19" /50' 20.96' h 210 13° 58'24" /50' 36,58' 18,38' �. SEE SHEET 7 I I 224 8304/'29" 25' 36.52' 22.39' 23A 82000' 24" 25' 35.78' 21. 74 I I I ` 24 37°04' 18" 38' SCALE 30 24 PRIVATE DR/(1fW,4Y � 249 37°04'/8" 50' 32,35' /6. 76' ;'• SE`YER `Y,47-ER ESM.T. 3 I 24C 36044'35" 62' 39. 76' . 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