HomeMy WebLinkAboutTT 4558 HIGHWAY 74 DEEP CANYON TENNIS CLUB 1979 o� o
45-275 PRICKLY PEAR LANE, PALM DESERT CA. 92260
**DEVELOPMENT PLAN*(q14jE#4)MEN7)-
DEPARTMENT OF ENVIRONMENTAL, SERVICES RESIDENTIAL
PLANNING DIVISION
DEEP CANYON TENNIS CLUB HOMEOWNERS ASSOC.
Applicant (please print)
73120 Desert Heights Circle South 346-0845.
Mailing Address Te0ePhc Se
Palm Desert, California 92260
City State Zip-Code
REQUEST: (Describe specifie nature of approval requested)
To APPROVE PLANS FOR THE CONSTRUCTION OF TWO UNLIC= SUNKEN TENNIS COURTS
WITHIN DEEP CANYON TENNIS CLUB FOR HOMEOWNERS USE.
PROPERTY DESCRIPTION:
LOT 1 TRACT 4558
ASSESSORS PARCEL NO. 628-280-017
EXISTING ZONING ���� �7�P
Property Owner Authorization THE/UNDE SIGNED STATES-lTHAT THEY ARE THE OWNER(S)OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR-
�1/IITION OR/THE FILIN Of THIS APPLICATION.
IG'NATURE O TE
AGREEMENT ABSOLVING THE CITY Op4pkLM DESERT OF ALL LIABILITIES RELATIVE TO ANY DEED RESTRICTIONS.
I DO BY MY SIGNAT OWN 1 ABSOLVE THE CITY OF PALM DESERT OF ALL LIABILITIES REGARDING ANY DEED RES-
okSC?Xl TRICTIONS THAT MAY BE APPLICABLE TO THE PROPERTY €SCRIBED HEREIN.
1Ce/'re ident SIGNATURE ATE
Applicants Signature RO V G. Barnes ��ro. ►� sri ' �
President, Deep &WIRETennis Club Homeowners Assn. DATE
(FOR STAFF USE ONLY) ENVIRONMENTAL STATUS ACCEPTED �
❑ MINISTERIAL ACT E.A.No. /
❑ CATEGORICAL EXEMPTION
❑ CASE O. O 2� 7 g
NEGATIVE DECLARATION
❑ OTHER REFERENCE CASE NO.
s
CITY OF PALM DESERT
SUPPLEMENTAL APPLICATION FORM
DEVELOPMENT PLAN
The Planned Residential (PR) , Planned Commercial (PC) , and Planned Indus-
trial (PI) Districts were established to encourage the creativity and
flexibility in design that might not normally be achieved by using more
conventional zoning districts. An approved Development Plan is required
for all projects in these zones.
Procedure:
LAND DIVISION PLANNING CITY
REVIEW COMM. COMMISSION COUNCIL
Discuss prdject Public hear-
Dept.of Envi Public hearing on ing if Change
ronmental Staff report Development plan of Zone is
Services involved.
APPLICANT Pre-Fling FILE
review of
Project to
discuss main DESIGN REVIEW
design BOARD
elements
Review of prelim.site
plan, elevations, floor
plan, landscaping and
color material samples.
Prior to the submittal of the official application, the applicant must pre-
file a draft of the required plans with the Director of Environmental Ser-
vices for review. After preliminary review, the applicant files the official
request for approval of the Development Plan and the Design Review Board pro-
cess. These applications are accepted only on the first working Monday of
each month. The staff will investigate the request, prepare a written report
to the Planning Commission, publish .legal notices , and notify adjacent pro-
perty owners of the public hearing. A week before the Commission hearing,
the applicant will be invited to meet with the Land Division Review Committee
to discuss the staff's report and recommendations. The Planning Commission
hearing usually occurs 4 to 5 weeks after the official filing date, at which
time they will review both the Development Plan and the preliminary architec-
ture, site design, and landscaping. After the Development Plan is approved,
detailed construction plans may then be submitted for review by the Design
Review Board. If the request is denied, the applicant may file an appeal for
a hearing before the City Council .
Supporting Data:
A Development Plan shall be filed for the entire property and shall set
forth the following:
1 . Written Documents
a. Legal description of the total site proposed for development in-
cluding a statement of present and proposed ownership.
b. A statement of planning objectives to be achieved by the project
through the particular approach proposed by the applicant. This
statement shall include a description of the character of the
proposed development and the rationale behind the assumptions and
choices made by the applicant.
c. A preliminary development schedule indicating the proposed phasing
program and the approximate date when construction of the project
or the stages of the project can be expected to begin and be com-
pleted.
d. Quantitative data for the following: total number and type of
dwelling units; parcel size; proposed lot coverage of buildings
and structures; approximate gross and net residential densities;
total amount of open space including the precise amount of usage
open space; total amount of non-residential construction includ-
ing justifications of ancillary character of said constructions;
written indication of compliance or non-compliance to established
standards of this article; economic feasibility studies and other
studies as required by the City.
2. Site Plan and Supporting Maps (20 copies + 1 colored)
a. The existing site conditions including contours at two-foot intervals,
water course, flood plains , unique natural features and any forest
cover.
b. Proposed lot lines and plot designs.
c. The location and floor area size of all existing and proposed build-
ings, structures and other improvements including maximum heights,
types of dwelling units, density per type and non-residential struc-
tures including preliminary architectural renderings of typical struc-
tures.
d. The location and size in acres or square feet of all areas to be con-
veyed, dedicated, or reserved as common open spaces, public parks,
recreational areas, school sites, and similar public and semi-public
uses.
e. The existing and proposed circulation system of arterial , collector,
and local streets including off-street parking areas , service areas,
loading areas, and major points of access to public rights-of-way.
Notations of proposed ownership - public or private.
f. The existing and proposed pedestrian circulation system, including
its interrelationships with the vehicular circulation system.
Supporting Data: (Cont. )
g. The existing and proposed utility systems.
h. A general landscape plan indicating the treatment of materials for
private and common open areas.
i. Preliminary grading plan.
j. Enough information on lands adjacent to the project to indicate the
relationships between the proposed development and adjacent areas.
k. The proposed treatment of the perimeter of the project including
materials and techniques used such as mounding, screens, fences and
walls.
1 . Any additional information as required by the City necessary to eval-
uate the-character and impact of the proposed development.
m. The above information must be submitted for all of the land intended
to be included in the application. Where projects are developed in
stages, the detail information shall be submitted for those stages to
be developed immediately. Sketch plans including the bare essentials
- land uses, densities, site design, adjacent uses, circulation, shall
be submitted for the remaining lands to be developed in future stages
of the project. Subsequent phases shall be evaluated in terms of these
plans. If substantial deviation exists, the applicant shall file all
the information as required above for the subsequent phases as an amend-
ed development plan or a new development plan as appropriate.
3. The applicant shall provide a list of all owners of property located within
300 feet of the exterior boundaries of the subject property. This list shall
be keyed to a map showing the location of these properties and shall include
the name and address as shown on the latest available assessment role of the
Riverside County Assessor's Office.
4. The applicant shall submit a completed Environmental Assessment form.
i
DEVELOPMENT STANDARDS
25.14-6.01 General Standards
(1) Off-Street Parking and Loading, Requirements
All parking and loading shall comply with the provisions
of Article 25.33 of this Ordinance.
(2) Utilities
See Article 25.32-6
(3) Signs
All signs shall be in compliance with Article 25.38.
(4) Outside Storage
No outside storage shall exceed the height of actual
. perimeter screening.
(5) Screening
All screening requirements for developments within the
"PR" district shall be determined by the Design
Review Board during its Site Plan Review proceedings.
(6) Trash Handling
Trash handling facilities shall be provided for all
developments within the "PR" district with the exception
of single family detached dwellings. A trash enclosure
will be provided for all but excepted uses, unless the
proposed location of the trash area is completely enclosed
by walls or buildings. The free standing trash enclosure
shall be constructed of masonry block. No trash shall be
allowed to extend above or beyond the enclosure.
(7) Site Plan Review
Site Plan Review as prescribed in Article 25.39-4 shall be
required before a building permit is issued for any
development in the "PR" District.
25.14-6.02 Special Standards
In addition to requiring all Development Plans to comply to the following
special standards, the City Council and/or Planning Commission may impose
such other conditions to the Development Plan as it deems necessary or
desirable in carrying out the general purpose and intent of this Article.
25.14 (6)
(1) Minimum Project Area
- Projects of less than 7 dwelling units per acre - 5 acres.
- Projects of 7-18 dwelling units per acre - 10 acres.
(2) Minimum Project Width
- Projects of less than 7 dwelling units per acre -, 250 feet.
- Projects of 7-18 dwelling units per acre - 500 feet.
(3) Minimum Project Perimeter Setback
- 20 feet from all property lines adjacent to existing or
proposed public streets.
(4) [iaximum Project Building Covera jc
- Projects of less than 7 dwelling units per acre - 40 percent.
- Projects of 7-18 dwelling units per acre - 50 percent.
(5) 1-•1inimum Lot Area
- Single family detached - as approved by the development plan.
- Single family attached - 2,500 square feet.
- Two family dwelling - 3,000 square feet.
- Multiple family buildings - as approved on the Development
Plan.
(6) Minimum Front, Side and Rear Yard - As approved on the
Development Plan. However, there shall be a separate private
yard with a total area of at least 320 square feet adjacent to
each dwelling unit unless equivalent alternative arrangement
of patios are approved and provided.
(7) Minimum Separation bet%%een Sides of Buildings
- Single family detached - 10 feet.
- Other - 20 feet.
(8) Minimum Common Open Space
- Projects of less than 7 dwelling units per acre - 50 percent of
the net area.
-, Projects of 7-18 dwelling units. per acre - 40 percent of the
net area.
25. 14 (7)
(a) At least 50% of all required common open space shall
be approximately level defined as not more than 13Q%
grade.
(b) The common open space shall be land within the total
development site used for recreational , including buildings
used for recreation purposes, parks or environmental
purposes for enjoyment by occupants of the development
and 'their guests, or dedicated to the City for public parks.
(c) Common open space shall not include public or private
streets, driveways, private yards, or patios and parking
areas.
(9) Maximum Building Hei ft_ - 30 feet or taro-story whichever is less.
(10) Maximum Units Per Building - as approved.
(11) Required _Width of Private Roads
- With no parking - 30 feet.
- With parking on one side - 32 feet.
- With parking on two sides - 40 feet.
Said roadways shall be a minimum of asphaltic concrete with concrete curbs
and gutters as_ approved by the Director of Environmental Services
Standards of design and construction of roadways, both public and private,
within the project may be modified as is deemed appropriate by the City,
especially where it is found that the development plan provides for the
separation of vehicular and pedestrian circulation patterns and provides
for adequate off-street parking facilities.
(12) Exceptions - The above standards shall be required unless
modified by the Development Plan.
25. 14-7 Building Setbacks from the Planned Street Line
The minimum setback in all residential developments within the "PR"
District shall be the designated distances form the Ultimdte right-of-way
line of the streets hereinafter specified unless otherwise provided herein:
Freeway - 50 feet
Arterial - 32 feet
Secondary - 32 feet
25.14 (8)
Collector - 2.0 feet
Local - 20 feet
25. 14-E Approval Criteria
The Planning Conmission and/or City Council may approve a Dovelopment
Plan only after finding that the requirements of this Ordinance and other
ordinances affecting the property have been satisfied. In granting such
approval , the City Council may impose and enforce such specific conditions
as to site development, phasing and building construction, maintenance
and operation as it deems necessary to carry out the purposos of this
Ordinance and the General Plan.
All development within the "PR" District shall comply with the
Duvelopment Plan as approved and adopted by the City Council .
25.14 (9)
INSTRUCTION FOR OBTAINING
PROPERTY OWNERS NAMES
In order to expedite the processing of Changes of Zone, Variances , and
Conditional Use Permits, all applicants will furnish the Department of Environmental
Services with a list (in duplicate) of the property owners and their addresses for
all parcels within 300 feet of the application. Said list shall include the owner
of the property under consideration. These property owner names may be obtained in
one of the two following manners:
A. Contact a title company and request that they furnish you with
a list of names, for which there will probably be a charge.
B. You may obtain them yourselves in the following manner:
1. Secure from the County Assessor's Office parcel maps covering
your application and all lands within at least 300 feet,
2. Indicate the area of your request by a red outline on the
parcel maps.
3. Delineate, in red, all property within 300 feet of the area
of your request.
4. From the parcel map, make a list of book, page, block number,
.and parcel number within the above 300 foot area.
5. Using the Visual Numerical Index File, which is to be found
i.n the Assessor's Office, place the name and address for each
parcel opposite the number described in No. 4 above.
6. Sign Affidavit attesting to name list.
7. Return this list with your application to the Department of
Environmental Services.
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NOTE : I
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THE SUBJECT PARCEL AND THE THREE HUNDRED FOOT PERIMETER LINE ARE '
TO . BE OUTLINED IN RED.
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j
CERTIFIED PROPERTY OWNERS' LIST
AFFIDAVIT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM DESERT )
I, hereby certify
that the attached list contains the names and addresses of all persons to
whom all property is assessed as they appear on the latest available assess-
ment role of the County within the area described on the attached application
and for a distance of three hundred (300) feet from the exterior boundaries
of the property described on the attached application.
I certify under penalty of perjury that the foregoing is true and
correct.
(signed)
(date)
NAME AND ADDRESSES OF PROPERTY OWNERS
FOR PUBLIC HEARING ON
CASE NO.. JOB NO.
PARCEL NO. NAME ADDRESS
CITY OF PALM DESERT
DEPARTMENT OF ENVIRONMENTAL SERVICES
PLANNING DIVISION
APPLICANTS' GUIDE TO PROCEDURES
I. FILING PROCEDURE: Prior to submittal the applicant shall discuss his pro-
posal with the Planning staff to determine whether or not the proposal is
in conformance with the General Plan and to determine zoning ordinance,
subdivision ordinance, or other requirements.
II . GENERAL INFORMATION:
A. Meetings: 1) City Council meetings are held on the second and fourth
Thursday of each month, at 7:00 PM in the Council Chambers in the City
Hall , 45-275 Prickly Pear Lane. 2) Planning Commission meetings are
held on Tuesday, nine (9) days prior to the first Council meeting of
the month, also at 7:00 PM in the Council Chambers and Wednesday, eight
(8) days prior to the second Council meeting of the month, at 1 :00 PM
in the Council Chambers. 3) The Design Review Board convenes on Tues-
day, a week before the Planning Commission, at 5:30 PM in the Council
Chambers.
B. Public Hearing: Public hearings are held when the City considers re-
quests for a change of zone, variance, conditional use permit, general
plan amendment, etc. Legal notices for these hearings are published
in the Palm Desert Post at least ten (10) days prior to the hearing.
Public hearing items before the Palm Desert Redevelopment Agency are
published in the Desert Sun.
C. A eals: Where the Zoning Ordinance provides for appeal to the City
Council or Planning Commission, the appeal shall be made within fifteen
(15) days of the date of the decision by filing an application of appeal
with the Director of Environmental Services.
D. Fees: All required fees are listed in the Fee Schedule, as approved by
the City Council .
E. Building Permits : Building permits are issued by the Department of
Building and Safety and are required before any new construction, re-
construction , plumbing, mechanical work is commenced.
F. Business License: Prior to engaging in an enterprise for profit, zoning
and building code clearance for the proposed use is required and a city
business license obtained. Application should be made to the Code En-
forcement Supervisor.
G. Private Deed Restrictions: Many parcels of land in the City of Palm
Desert are subject to private covenants; conditions, and deed restrictions
which may conflict with the requirements of the City Zoning Ordinance.
The applicant is responsible for resolving conflicts with deed restriction
requirements.
-2-
III. DESCRIPTION OF THE TYPES OF APPLICATIONS AND REQUIRED FEES:
ACTION REQUESTED GENERAL INFORMATION
PLANNED DISTRICT -PD Provides detailed information on new
DEVELOPMENT PLAN development in the Planned Residential
(Planning Commission and Council ned)IndistrialCcial(PI)rzones(PC) , or Plan-
Action Required)
Application Fee: PR Zone with C/Z re-
quest $450 + $2 DU - $1 ,000 Max. No C/Z
request $325 + $2 DU - $1 ,000 Max; PC or
PI Zone with C/Z request $650 without
C/Z request $550.
CONDITIONAL USE PERMIT -CUP Where certain uses may create potential
problems, the Palm Desert Municipal Code
(Planning Commission Action Required) provides that conditional use permits
shall be required "so that they may be
located properly with respect to the ob-
jectives of the zoning regulations. "
Application Fee: A, RE, R-1 , R-2, R-3,
C-1 , SI , P & OS zones - one acre or less
$140, one acre plus $250 + $10/acre. D,
S, N, SP, H overlays - same unless base
district requires CUP + 50%.
ADJUSTMENT -ADJ The Palm Desert Municipal Code provides
for an adjustment to the terms of the
(Approval of Zoning Administrator zoning ordinance to allow minor reductions
Required) in yard setbacks or parking requirements.
Application Fee: S30
VARIANCE -VAR A variance from the terms of the zoning
ordinance may be obtained only when , be-
(Planned Commission Action Required) cause of special circumstances applicable
to the property, including size, shape,
or topography, the strict application of
the Ordinance deprives such property of
privileges enjoyed by other property in
the vicinity and under identical zoning
classification.
Application Fee: $50 residential lot;
$15 oa er:
CHANGE OF ZONE -C/Z A change of zone request may be initiated
by the owner or authorized agent of the
(Planning Commission and Council owner of property. All zoning designations
Action Required must be in conformance to the General Plan
or any specific plan for that area.
Application Fee: $325
-3-
ACTION REQUESTED GENERAL INFORMATION
GENERAL PLAN AMENDMENT -GPA Amendments of these plans are processed in
REDEVELOPMENT PLAN AMENDMENT -RPA conformance to State Law and the ordinances
SPECIFIC PLAN AMENDMENT -SPA and resolutions of the City of Palm Desert.
(Planning Commission and Council Application Fee: $500
Action Required. Redevelopment
Agency Action Required)
TEMPORARY USE PERMIT -TUP To regulate temporary uses such as art sales,
Christmas tree sales , garage sales, subdivi-
sion sales office, and model homes so that
Required) they will not be detrimental to surrounding
property.
Application Fee: $10
HOME OCCUPATION PERMIT -HOP To regulate the use of business activities
in residential neighborhoods.
(Approval of Zoning Administrator
Required) Application Fee: $0
CERTIFICATE OF USE -CRT A use certificate insures that each new or
expanded use of a structure or site complies
(Approval of Zoning Administrator with all applicable provisions of the Palm
Required) Desert Municipal Code.
Application Fee: $0
SIGN PERMIT -S Regulates the size, color, and location of
signs throughout the City. No sign may be
(Approval of Planning Disision erected without an approved sign permit.
Staff Required; Design Review
Board/Planning Commission Action Application Fee: Staff Review - $0-
Required for Large Signs - See (less than $100 in value)
DRB Process) $10-($100 - $500 in value)
DRB & PC Review $15
TIME EXTENSION Where permits or approvals have been granted
for a specific time period, time extensions
(Depending on use, may require ap- may be granted by the appropriate agency or
proval of Zoning Administrator, Plan body.
ning Commission or City Council )
Application Fee: $50, if public hearing is
required.
AMENDMENT OF DEVELOPMENT Assures flexibility of the City's regulatory
PLAN, CUP., VARIANCE, PLOT process due to unforeseen problems.
PLAN APPROVAL
Application Fee: $50, if public hearing is
(Annrovino body varies with nature required.
nF r�:< -jnst)
-4-
ACTION REQUESTED GENERAL INFORMATION
DRB PROCESS -SF Review of landscaping, architecture, colors
-MF and materials , and other zoning requirements
(Requires approval of Planning -C prior to submittal for a building permit.
Division staff or Design Review
Board and Planning Commission) Application Fee: Single family $15
Other $50
TENTATIVE PARCEL MAP -PM To regulate the subdivision of property
involving 4 or less parcels.
(Review by Planning Commission)
Application Fee: $50
FINAL PARCEL MAP Final adoption of plans and performance
bonds on required subdivision improvements.
(Approved by City Council )
Application Fee: $100
TENTATIVE TRACT MAP -TR To regulate the subdivision of property
involving 5 or more parcels.
(Review by Planning Commission and
City Council ) Application Fee: $250 + $2.50 per lot
FINAL TRACT MAP Final adoption of plans and performance
(Approved by City Council ) bonds on required subdivision improvements.
Application Fee: $100 + $6.00 per lot
REVISED TENTATIVE MAP To provide for flexibility in the sub-
division process necessitated by unfore-
(Review by Dir. of Environmental seen circumstances.
Services, may be reviewed by
Planning Commission) Application Fee: $50 + $2.50 per add. lot
APPEALS - ALL TYPES -APL The Palm Desert Municipal Code establishes
the appeal process for various types of
(Appeal agency based upon nature projects to insure maximum consideration
of project) of individual applications. .
Application Fee: $50, if public hearing is
required
INITIAL STUDY OF ENVIRONMENTAL IMPACT The California Environmental Quality Act of
1970 requires an assessment of the impacts
(Submit to Planning Division Staff) of proposed projects which require a dis-
cretionary approval by the City.
Application Fee: $30
ACTION REQUESTED GENERAL INFORMATION
EIR REVIEW Detailed environmental analysis of pro-
posed-impacts resulting from a project
(Requires Planning Commission action, which may have adverse environmental con-
may require City Council action) sequences.
Application Fee: $550
OTHER
1 Z.-
45-275 PRICKLY PEAR LANE, PALM DESERT CA. 92260
***DESIGN REVIEW BOARD***
DEPARTMENT OF ENVIRONMENTAL SERVICES
PLANNING DIVISION
Applicant (please print)
Mailing Address Telephone
City State Zip-Code
REQUEST: (Describe specific nature of approval requested)
WQ ZA h-771172EQ 7�2 #5 MuRT,�
WT11A ��P Off. M/U196 0,LUA I
PROPERTY DESCRIPTION:
ASSESSOR'S PARCEL NO., 628-280-017
EXISTING ZONING T�iQ �7 SP
Property Owner Authorization UNDERSIGN 'STATES�AT THEY ARE THE OWNER(S)OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR-
TION FOR ILING 9F THFS APPLICATION.
�t
-SIGNATURE DAT
AGREEMENT ABSOLVING THE CITY 0 ALM DESERT OF ALL LIABILITIES RELATIVE TO ANY DEED RESTRICTIONS.
I DO BY MY SIGNAT ON Ha�S AG �EMENT, ABSOLVE THE CITY OF PALM DESERT OF ALL LIABILITIES REGARDING ANY DEED RES-
�i"e } n TRICTIONS THAT MAY BE APPLICABLE TO THE PROPERTY DESCRI ED HEREIN.
Vi Fresid n SIGNATURE DATE
Applicants Signature Robert,Ci-1 trues
Pre 'dent Dee /GATE
p (�,a'`l�§ `�Tennis Club. Homeowners Assn.
(FOR STAFF USE ONLY) ENVIRONMENTAL STATUS
❑ MINISTERIAL ACT E.A.No.
❑ CATEGORICAL EXEMPTION T A C C_
0 OTHER REFERENCE CASE NO.�
The Design Review Board process is the method by which the City of Palm Desert
reviews detailed design and construction plans prior to the issuance of a building
permit.
SINGLE-FAMILY HOMES, ADDITIONS UNDER 2500 COMMERCIAL ADDITIONS
OF LESS THAN 25° OF FLOOR AREA SIGNS UNDER 1000 FENCES, POOLS &
TENNIS COURTS
DEPARTMENT DESIGN PLANNING n DEPARTMENT
APPLICATION OF ENVIRON- REVIEW COMMISSION r\ BUILDING AND CONSTRUCT-
MENTAL BOARD (APPROVES OR SAFETY ION
SERVICES (ADVISORY)
DENIES PROJECT)
STAFF
INTERIOR REMODELS, MINOR ELECTRICAL, MECHANICAL, OR PLUMBING PERMITS
STAFF USE ONLY:
Date of
Date Received- ACTOR 'Meeting ACTION APPLICANT NOTIFIED
Staff
DRB
P.C.
C.C.
Department of Environmental Services Form 1
CITY OF PALM DESERT
APPLICATION FORM
DESIGN REVIEW BOARD PROCESS
Design Review of: CASE NO.
TYPE OF PROJECT
APPLICANT
Agreement of compliance to be signed by those applying for review.
I hereby acknowledge that I have read and agree, to comply
with all the following requirements, and understand that
the Department of Building and Safety will not issue a
building. permit or allow occupancy on the- use permitted
until this signed confirmation has been received by the
Department of Environmental Services.
The development of this project shall conform substantially
to all development plans submitted in behalf of this case,
and as revised according to the Design Review Board process.
Any minor change requires approval by the Director of Envi-
ronmental Services. Any substantial change requires ap-
proval by the Design Review Board.
All requirements of any law, ordinance, or regulation of
the State, City, and any other applicable government entity
shall be complied with as part of the development process.
This approval is applicable, subject to the development of
this project, commencing within one year from approval date
and being promptly completed.
Landscaping (with irrigation system) shall be installed
prior to final inspection and receiving certificate of
occupancy.
Curb, gutter, curb cuts, and tie-in paving shall be provided
along the full frontage of the lot by means of installation
prior to final inspection or other provisions as approved by
the City Engineer. Construction shall conform to City Stan-
dards and all requirements of the City Engineer.
(Signature) (Date)
Department of Environmental Services Form 1
DESIGN REVIEW BOARD PROCESS
SUBMITTAL REQUIREMENTS
NOTE: NO APPLICATION SHALL BE PROCESSED UNTIL STAFF HAS DETERMINED THAT THE
APPLICATION PACKAGE IS COMPLETE.
An "APPLICATION PACKAGE" shall contain:
- The completed Application Form.
- The appropriate fee as required by the attached Fee Schedule.
Photographs of the site and adjacent properties, particularly
adjacent buildings. (At the request of the Staff)
Three (3) complete sets of plans for staff reviewed cases and/or addi-
tional five (5) site plans for all projects which go to the Planning
Commission.
The "PLANS" shall consist of the following:
I. General Information Block (to include:)
A. Owner's name, address, and phone number
B. Designer's name, address, and phone number
C. Any special information or conditions pertaining to the site or to
the plans
II. Vicinity Map (no scale)
A. Major street names
B. Other reference points and landmarks
III. Site Analysis & Preliminary Drainage and Grading (to scale)
to include:
A. North arrow
B. Scale
C. General drainage pattern of area to include site and adjacent properties
within 10'0' (use arrows to show drainage flow to and from site) .
D. Existing contour lines including property corners
E. Proposed locations of structures and drives
F. Elevations of pads and finished floors
G. Finished grades
H. Elevations of existing street centerline
I. Retaining walls (where applicable)
J. Perimeter walls and fences which affect drainage
IV. Plot Plan (to scale & sufficient size to include: )
A. Scale
B. North arrow
C. Property lines
D. Lot dimensions
E. Public rights-of-way with existing and proposed
dimensions (include street names)
F. Existing or proposed curb lines
G. Any and all easements
H._ All utility line locations (gas, electric, cable, water,
and sewer)
I. Adjacent property uses (showing approximate location of
structures and other pertinent features)
J. Major vehicle, bicycle, and pedestrian access points
to and from site (use arrows of different widths to show
direction and intensity of use)
K. Setback areas
L. All existing and proposed structures
M. Interior vehicle, bicycle, and pedestrian circulation
patterns (if applicable)
N. Off-street parking (to include spaces , regulatory
devices, provisions for accessory vehicle storage
where applicable, etc. )
0. Parking areas for bicycles and carts (if applicable)
P. Service areas and facilities to include:
(1) trash storage areas
(2) mail delivery boxes
(3) loading areas
Q. Perimeter fencing and screening
R. Proposed sign locations (if applicable)
V. Information Block (if applicable) to include:
A. Acreage and square footage calculations
B. Ratio of structures to total land area
C, Ratio of parking spaces to building square footage
D. Parking requirements provided
E. Ratio of landscaping to total land area
F. Any specific information of special conditions
particularly relevant .to the project
VI. Elevations of all Sides of all Structures (to scale and with
dimensions
La
VII . Elevations of Signs (if applicable)
VIII . - Elevations -of Fencing, Perimeter Screening and Walled Areas
IX. Description of Materials to be Used and Chart Showing Exact
Color of Materials to be Used
One .set of plans shall show elevations accurately colored to
depict actual appearance of proposed structures or material
board.
X. Floor Plans of all structures (to scale) with dimensions
XI. Landscape, Irrigation, and Exterior Lighting Plan (to include:)
A. Landscaping, showing location of all trees, shrubs , plants,
and ground cover in those areas subject to. public view
B. Variety and size of vegetation shall be noted
C, Irrigation provisions for maintaining aforementioned
landscaping
D. Lighting provisions for lighting driveways , entrances ,
yards, premises, parking areas , etc.
` E. Perimeter treatment of property (fences , wall , vegetation
screens, etc. )
F. Street furniture and ornamentation, if applicable, (to
include: )
(1) rock outercroppings
(2) benches
(3) fountains and waterscapes plot- plan
(4) newspaper stands
(5) statues
(6) etc.
DESIGN REVIEW BOARD PROCESS
GENERAL INFORMATION
I. PROCESSING SCHEDULE:
SINGLE-FAMILY HOMES and similar projects require 2-4 working days before they may
be submitted to the Building and Safety Division for plan check.
MULTI-FAMILY, COMMERCIAL, and other projects that must be reviewed by the D.R.B.
and Planning Commission usually require 10-20 days.
In order to facilitate processing, the applicant or a designated representative
should attend the review hearings to answer questions which may arise regarding
the project.
II. MANDATORY FINDINGS:
No project may be approved unless:
- The proposed development conforms to any legally adopted development standards.
- The design and location of the proposed development and its relationship to
neighboring, existing or proposed developments and traffic is such that it
will not impair the desirability of investment or occupation in the neighbor-
hood; and that it will not unreasonably interfere with the use and enjoyment
of neighboring,. existing or proposed developments, and that it will not create
traffic hazards or congestion.
- The design and location of the proposed development is in keeping with the
character of the surrounding neighborhood and is not detrimental to the har-
monious, orderly, and attractive development contemplated by the Zoning Or-
dinance and the adopted General Plan of the City.
- The design and location of the proposed development would provide a desirable
environment for its occupants, as well as for its neighbors and that it is
aesthetically of good composition, materials, textures and colors.
- The proposed use conforms to all the requirements of the zone in which it is
located and`all other applicable requirements.
- The overall development of the land shall be designed to ensure the protection
of the public health, safety, and general welfare.
III. ADOPTED DEVELOPMENT STANDARDS:
Each project will be reviewed on the basis of its conformance to the following
adopted development standards. In those areas determined by the D.R.B. to be
"unacceptable", it is the responsibility of the applicant to redesign that por-
tion of the project.
A. TERRAIN CONTROL STANDARDS UNACCEPTABLE
rnand S ;1 sL,-il be st-ab?, a l� su i c
for development.
A. .TERRAIN CONTROL STANDARDS (continued) UNACCEPTABLE
2. (Water Erosion) .Property to be developed shall be protected
against drainage runoff from adjacent properties.
3, (Water Erosion) Drainage runoff produced by property and
development therein shall be contained on the property or
allowed to drain onto adjacent public streets or allowed to
drain by other City approved means.
4. (Wind Erosion) Property to be developed shall be protected
against wind carried deposits from adjacent areas.
5. :(Wind Erosion) Property to be developed shall , upon com-
pletion, produce no appreciable wind carried deposits on
adjacent properties. Suitable soil stabilization shall be
provided.
6. Curb and gutters shall be provided where required to control
and regulate drainage.
B. ACCESS & CIRCULATION STANDARDS
7 . Safe & convenient vehicle access to property and development
therein shall be provided.
2. Safe and convenient pedestrian access to property and
development therein shall be provided.
3. Circulation plans (auto, bicycle, and pedestrian) shall
conform to municipally developed circulation plans for
the vicinity and immediate area.
C. . SITE PLANNING STANDARDS
1 . Site Planning shall occur in a manner which minimizes obstruc-
tion of scenic views from adjacent properties.
2. Site Planning shall be compatible with existing terrain.
3. Site Planning shall occur in a manner which does not expose
unattractive areas or activities to the detriment of adjacent
properties.
4. Site Planning shall occur in a manner in which asphalt or
concrete is minimized,
6. Avoid unnecessary impediments for handicapped persons.
UNACCEPTABLE
D. UTILITY & EQUIPMENT STANDARDS
1 . All service utility lines shall be placed underground.
2. All control panels, vaults and necessary equipment
shall be architecturally screened or landscaped or other-
wise concealed from public view.
3. All air conditioning and ventilation equipment shall be
located and screened in a manner to prevent exposure to
public rights-of-way and adjacent properties.
E. VEHICLE PARKING STANDARDS
I . Off-street parking should be located in proximity to
facilitie(s) it serves.
2. Parking areas should be screened from view wherever possible
by means of berms, garden walls, and landscaping.
3. Parking areas shall be shaded where practical .
4• Carports for apartment developments shall not front onto a
public right-of-way.
5. Garages should be encouraged not to front onto a public
right-of-way.
6•. All parking areas for recreational and accessory vehicles
and trailers shall be architecturally screened or landscaped
or otherwise concealed from public view.
7. Adequate handicapped parking spaces shall be provided.
F. ARCHITECTURAL STANDARDS
1 . A singular architectural theme shall be applied to a given
. , structure or complex. (including facade architecture) .
2. Architectural design shall be applied to entire structure or
complex rather than just to those sides exposed to public
view.
3. Architectural design shall be appropriate to the climatic
conditions of the desert area and shall be done in a manner
which mir,i.mizes the consumption of energy required for heating
and cooling.
4. Entrances shall include appropriate lighting and identification.
5. Architectural design shall employ materials and colors which
are compatible and corniplement-O.- y to the desert area.
I. FENCING, SCREENING & ENCLOSURE STANDARDS (continued) UNACCEPTABLE
4. Fences and walls shall not obstruct line-of-sight along
public rights-of-way.
J. SERVICE AREA STANDARDS
1 . Service areas shall be designed and constructed of materials
and colors which are compatible and complementary to the
structures of complexes they serve.
2. Service areas shall be located in a manner which does not
adversely affect adjacent properties.
3. Service areas shall be screened and/or enclosed to prevent
their exposure to public rights-of-way and adjacent pro-
perties.
I
CITY OF PALM DESERT
DEPARTMENT OF ENVIRONMENTAL SERVICES
PLANNING DIVISION
APPLICANTS' GUIDE TO PROCEDURES
I. FILING PROCEDURE: Prior to submittal the applicant shall discuss his pro-
posal with the Planning staff to determine whether or not the proposal is
in conformance with the General Plan and to determine zoning ordinance,
subdivision ordinance, or other requirements.
II . GENERAL INFORMATION:
A. Meetings: 1) City Council meetings are held on the second and fourth
Thursday of each month, at 7:00 PM in the Council Chambers in the City
Hall , 45-275 Prickly Pear Lane. 2) Planning Commission meetings are
held on Tuesday, nine (9) 'days prior to the first Council meeting of
the month, also at 7:00 PM in the Council Chambers and Wednesday, eight
(8) days prior to the second Council meeting of. the month, at 1 :00 PM
in the Council Chambers. 3) The Design Review Board convenes on Tues-
day, a week before the Planning Commission, at 5:30 PM in the Council
Chambers.
B. Public Hearing: Public hearings are held when the City considers re-
quests for a change of zone, variance, conditional use permit, general
plan amendment, etc. Legal notices for these hearings are published
in the Palm Desert Post at least ten (10) days prior to the hearing.
Public hearing items before the Palm Desert Redevelopment Agency are
published in the Desert Sun.
C. Appeals: Where the Zoning Ordinance provides for appeal to the City
Council or Planning Commission; the appeal shall be made within fifteen
(15) days of the date of the decision by filing an application of appeal
with the Director of Environmental Services.
D. Fees: All required fees are listed in the Fee Schedule, as approved by
the City Council .
E. Building Permits: Building permits are issued by the Department of
Building and Safety and are required before any new construction , re-
construction , plumbing, mechanical work is commenced.
F. Business License: Prior to engaging in an enterprise for profit, zoning
and building code clearance for the proposed use is required and a city
business license obtained. Application should be made to the Code En-
forcement Supervisor.
G. Private Deed Restrictions: Hany parcels of land in the City of Palm
Desert are subject to private covenants , conditions , and deed restrictions
which may conflict with the requirements of the City Zoning Ordinance.
The applicant is responsible for resolving conflicts with deed restriction
requirements.
-G-
III. DESCRIPTION OF THE T 3 OF APPLICATIONS AND REQUIRED -S:
ACTION REQUESTED GENERAL INFORMATION
PLANNED DISTRICT -PD Provides detailed information on new
DEVELOPMENT PLAN development in the Planned Residential
(PR) , Planned Commercial (PC) , or Plan-
(Planning Commission and Council ned Indistrial (PI) zones.
Action Required) .
Application Fee: PR Zone with C/Z re-
quest 450 + 2 DU - $1 ,000 Max. No C/Z
request $325 + $2 DU - $1 ,000 Max; PC or
PI Zone with C/Z request $650 without
C/Z request $550.
CONDITIONAL USE PERMIT -CUP Where certain uses may create potential
problems , the Palm Desert Municipal Code
(Planning Commission Action Required) provides that conditional use permits
shall be required "so that they may be
located properly with respect to the ob-
jectives of the zoning regulations. "
Application Fee: A, RE, R-1 , R-2, R-3,
C-1 , SI , P & OS zones - one acre or less
$140, one acre plus $250 + $10/acre. D,
S, N, SP, H overlays - same unless base
district requires CUP + 50%.
ADJUSTMENT -ADJ The Palm Desert Municipal Code provides
for an adjustment to the terms of the
(Approval of Zoning Administrator zoning ordinance to allow minor reductions
Required) in yard setbacks or parking requirements.
Application Fee: $30
VARIANCE -VAR A variance from the terms of the zoning
ordinance may be obtained only when, be-
(Planning Commission Action Required) cause of special circumstances applicable
to the property, including size, shape,
or topography, the strict application of
the Ordinance deprives such property of
privileges enjoyed by other property in
the vicinity and under identical zoning
classification.
Application Fee_: $50 residential lot;
other.
CHANGE OF ZONE -C/Z A change of zone request may be initiated
by the owner or authorized agent of the
(Planning Commission and Council owner of property. All zoning designations
Action Required must be in conformance to the General
or any specific plan for that area.
Application Fee: $325
-3-
ACTION REQUESTLO GENERAL INFORMATION
GENERAL PLAN AMENDMENT -GPA Amendments of these plans are processed in
REDEVELOPMENT PLAN AMENDMENT -RPA conformance to State Law and the ordinances
SPECIFIC PLAN AMENDMENT -SPA and resolutions of the City of Palm Desert.
(Planning Commission and Council Application Fee: $500
Action Required. Redevelopment
Agency Action Required)
TEMPORARY USE PERMIT -TUP To regulate temporary uses such as art sales,
Christmas tree sales , garage sales, subdivi-
(Approval of Zoning Administrator sion sales office, and model homes so that
Required) they will .not be detrimental to surrounding
property.
Application Fee: $10
HOME OCCUPATION PERMIT -HOP To regulate the use of business activities
(Approval of Zoning Administrator in residential neighborhoods.
Required) Application Fee: $0
CERTIFICATE OF USE -CRT A use certificate insures that each new or
expanded use of a structure or site complies
(Approval of Zoning Administrator with all applicable provisions of the Palm
Required) Desert Municipal Code.
Application Fee: $0
SIGN PERMIT -S Regulates the size, color, and location of
signs throughout the City. No sign may be
(Approval of Planning Disision Staff Required; Design Review erected without an approved sign permit.
Board/Planning Commission Action Application Fee: Staff Review - $0-
Required for Large Signs - See (less. than $100 in value)
DRB Process) $10-($100 - $500 in value)
DRB & PC Review $15
TIME EXTENSION Where. permits or approval.s have been granted
for a specific time period, time extensions
(Depending on use, may require ap- may be granted by the appropriate agency or
proVal of Zoning Administrator, Plan body.
ning Commission or City Council )
Application Fee: $50, if public hearing is
required.
AMENDMENT OF DEVELOPMENT Assures flexibility of the City's regulatory
PLAN, CUP, VARIANCE, PLOT process due to unforeseen problems.
PLAN APPROVAL
Application Fee: $50, if public hearing is
(Approving bodv varies with nature required.
-4-
ACTION REQUESTED GENERAL INFORMATION
DRB PROCESS -SF Review of landscaping, architecture, colors
-MF and materials, and other zoning requirements
(Requires approval of Planning _ -C prior to submittal for a building permit.
Division staff or Design Review
Board and Planning Commission) Application Fee: Single family $15
Other $50
TENTATIVE PARCEL MAP -PM To regulate the subdivision of property
involving 4 or less parcels.
(Review by Planning Commission)
Application Fee: $50
FINAL PARCEL MAP Final adoption of plans and performance
bonds on required subdivision improvements.
(Approved by City Council )
Application Fee: $100
TENTATIVE TRACT MAP -TR To regulate the subdivision of property
involving 5 or more parcels.
(Review by Planning Commission and
City Council) Application Fee: $250 + $2.50 per lot
FINAL TRACT MAP Final adoption of plans and performance
bonds on required subdivision improvements.
(Approved by City Council )
Application Fee: $100. + $6.00 per lot
REVISED TENTATIVE MAP To provide for flexibility in the sub-
division process necessitated by unfore-
(Review by Dir. of Environmental seen circumstances.
Services, may be reviewed by
Planning Commission) Application Fee: $50 + $2.50 per add. lot
APPEALS - ALL TYPES -APL The Palm Desert Municipal Code establishes
the appeal process for various types of
(Appeal agency based upon nature projects to insure maximum consideration
of project) of individual applications.
Application Fee: $50, if public hearing is
required
INITIAL STUDY OF ENVIRONMENTAL IMPACT The California Environmental Quality Act of
1970 requires an assessment of the
(Submit to Planning Division Staff) of proposed projects which require a dis-
cretionary approval by the City.
Application Fee: $30
-5-
ACTION REQUESTED GENERAL INFORMATION
EIR REVIEW Detailed environmental analysis of pro-
posed impacts resulting from a project
(Requires .Planning Commission action, which may have adverse environmental con-
may require_ City Council action) sequences.
Application Fee: $550
-OTHER
.�� .
cod ��� 445 D
OD(DMG9 NOV181977
�.> 45-275 PRICKLY PEAR LANE, PALM DESERT CA. 92260
***DESIGN REVIEW BOARD***
DEPARTMENT OF ENVIRONMENTAL SERVICES
PLANNING DIVISION
J. M. Peters Conpany; Inc.
Applicant (please print)
1601 Dove Street Suite 190 714833-9 11
Mailing Address Telephone
Newport Beach, CA 92660
City State Zip-Code
REQUEST: (Describe specific nature of approval requested)
-161V �EC/i�Gr� �` �/�c C'o_��-T��c�ia�t/ .�rPYle-'IIV(5s
PROPERTY DESCRIPTION:.
Tract 4558, Deep Canyon Tennis Club
ASSESSORS PARCEL NO. 628-150041-9
EXISTING ZONING R-1
Property Owner Authorization THE RSIGNED S T THAT TH ARE THE OWNERS)OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR-
Iz FOR THE F G OF THIS ICATION.
11/21/77
I URE DATE
AGREEMENT ABSOLVING THE CI OF PAL D SERT OF ALL BILITIES R LATIVE TO ANY DEED RESTRICTIONS.
DO BY FAY SIGNATURE HIS AG ENT, OLVE THE CITY OF PALM DESERT OF ALL LIABILITIES REGARDING ANY DEED RES-
RICTIONS THAT MAY BE APPLICABLE TO THE PROPERTY DESCRIBED HEREIN.
11/21/77
SI TURE e Erickson DATE
Applicants Signature
11/21/77
StGNA RE Greg Erickson DATE
(FOR STAFF USE ONLY) ENVIRONMENTAL STATUS ACCEPTED BY
❑ MINISTERIAL ACT E.A. No.
❑ CATEGORICAL EXEMPTION CASE No.
r
❑r� NEGATIVE DECLARATION
ED OTHER REFERENCE CASE NO. .
0 160 19 PETERS COMPANY, I
160 1 DOVE STREET, SUITE 190
NEWPORT BEACH,CALIFORNIA 92660
(714) 833-9331
August 15, 1979
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, Ca. 92260
Att: Mr. Paul Williams,
Director of Planning
Re: Tract 4558 Held Units
In return for your consideration in releasing "A" Units:
VIII-1 72767 Jack Kramer Lane
VIII-2 72765 Jack Kramer Lane
VIII-3 72763 Jack Kramer Lane
for "B" Units:
VIII-6 72757 Jack Kramer Lane.
VIII-8 72815 Don Larson Lane:
VIII-11 72803 Don Larson- Lane
The J.M. Peters Company will not close escrow, or attempt to
move homeowners into group 'B" units until the City of Palm
Desert, (Planning Department) is satisfied.
Sincerely,
Hank Houchen,
General Superintendent
J.M. Peters Company
HH:pd �►\
• 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260
TELEPHONE (T14) 346-0611 N' "✓
September 21 , 1978
Mr. James T. Wallace
Irontree Management Company, Inc.
73-271 Highway 111 , Suite 1
Palm Desert, California 92260
Dear Mr. Wallace: t
My personal observations indicate that during the week of September 18th,
the water flooded down Desert Lily from the Deep Canyon Tennis Club almost
without interruption for a 72-hour period.
'Obviously, the daily inspections and maintenance promised in your letter of
September 6, 1978, are not taking place. I feel that I have no recourse but
to once again plug the outlet and reissue my instructions to the Department
of Building and Safety that no final inspections will be made nor approved,
and no occupancy permits will be issued for the additional units now under
,. construction in the Deep Canyon Tennis Club.
I regret that this drastic step is necessary, but I must conclude that the
Deep Canyon Tennis Club is not willing to meet its obligations to the com-
munity. I refuse to tolerate the embarrassment, complaints, and inconvenience
any further!
��-t. u 1 y �;yo u r ,
MARTI J. BOUMAN
CITY MANAGER
MJB/srg
cc: Mr. Robert Barnes, Deep Canyon Tennis Club
Honorable Mayor and Members of the City Council
Mr. Paul Williams, Director of Environmental Services
Mr. Jim Hill , Director of Building & Safety
Mr. Clyde Beebe, Director of Public Works
Mr. David J. Erwin, City Attorney
� ��� „ i �
�,_
� ,
�-�
- RECEIVED
J
N 0 V 2 8 1977
J. PETERS
45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260
TELEPHONE (714) 346-0611
DESIGN REVIEW BOARD ACTION REPORT
Date : Nov. 23, 1977
REPORT ON: 46 Condominium Units
CASE NO. : 98MF ZONE: PR-5, S.P.
LOCATION: Deep Canyon Tennis Club
APPLICANT: J. M. PETERS CO. , INC.
NATURE OF APPROVAL SOUGIIT: Final Construction Drawings
DESIGN REVIEW BOARD ACTION:
After reviewing the submitted plans and the presentations by
the staff and by the applicant, the DRB APPROVED
this project, subject to the attached conditions .
Date of Action: Nov. 22, 1977
Motion Made By: Jackson
Seconded By: Urrutia
Vote: 3-0
Reasons for Negative Vote (s) :
An appeal of the above action may be made in writing to the
City Clerk of the City of Palm Desert within fifteen (15) days
of the date of the decision. )
STAFF COMMENTS :
RECEIVED
SPECIAL CONDITIONS FOR 140V 2 8 1977
CASE NO. 98MF J. RETERS
1 . All retention basins shall be graded, planted and in
operation prior to issuance of certificate of occupancy
for any unit covered by this approval .
AGREEMENT
I accept and agree, prior to use of this permit or approval ,
to comply with all the conditions set forth , and understand
the Department of Building and Safety will not issue a build-
ing permit or allow occupancy on the use permitted until this
signed confirmation has been receiivec .3pthe Dep rtment of
Environmental Services.
( to _ cant ssignaature)
E/rt��"_ �."�.
ENVIRONMENTAL SERVICES
CiTy OF PALM DESERT
l
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
DESIGN REVIEW BOARD ACTION REPORT
Date : Nov. 23, 1977
REPORT ON: 46 Condominium Units
CASE NO. : 98MF ZONE: PR-5, S.P.
LOCATION: Deep Canyon Tennis Club
APPLICANT: J. M. PETERS CO. , INC.
NATURE OF APPROVAL SOUG11T: Final Construction Drawings
DESIGN REVIEW BOARD ACTION:
After reviewing the submitted plans and the presentations by
the staff and by the applicant, the DRB APPROVED
this project, subject to the attached conditions .
Date of Action: Nov. 22, 1977
Motion Made By: Jackson
Seconded By: Urrutia
Vote: 3-0
Reasons for Negative Vote (s) :
An appeal of the above action may be made in writing to the
City Clerk of the City of Palm Desert within fifteen (15) days
of the date of the decision. )
STAFF COMMENTS :
i
SPECIAL CONDITIONS FOR
CASE NO. c98MF)
1. All retention basins shall be graded, planted and in
operation prior to .issuance of certificate of occupancy
for any unit covered by this approval .
AGREEMENT
I accept and agree, prior to use of this permit or approval ,
to comply with all the conditions set forth , and understand
the Department of Building and Safety will not issue a build-
ing permit or allow occupancy on the use permitted until this
signed confirmation has been received by the Department of
Environmental Services.
(Date) Applicant ' s Signature)
CITY OF PALM DESERT
APPLICATION FORM
DESIGN REVIEW BOARD PROCESS
Design Review of: CASE NO.
DEEP CANYON TENNIS CLUB
TYPE OF PROJECT
DEEP CANYON PARTNERS/J. M. PETERS COMPANY, INC.
APPLICANT
Agreement of compliance to be signed by those applying for review.
I hereby acknowledge that I have read and agree, to comply
with all the following requirements, and understand that
the Department of Building and Safety will not issue a
building permit or allow occupancy on the use permitted
until this signed confirmation has been received by the
Department of Environmental Services.
The development of this project shall conform substantially
to all development plans submitted in behalf of this case,
and as revised according to the Design Review Board process.
Any minor change requires approval by the Director of Envi-
ronmental Services. Any substantial change requires ap-
proval by the Design Review Board.
All requirements of any law, ordinance, or regulation of
the State, City, and any other applicable government entity
shall be complied with as part of the development process.
This approval is applicable, subject to the development of
this project, commencing within one year from approval date
and being promptly completed.
Landscaping (with irrigation system) shall be installed
prior to final inspection and receiving certificate of
occupancy.
Curb, gutter, curb cuts, and tie-in paving shall be provided
along the full frontage of the lot by means of installation
prior to final inspection or other provisions as approved by
the City Engineer. Construction shall conform to City Stan-
dards d all quirements of the City Engineer.
11-21-77
ignatu e) (Date)
Greg Erickson
Department of Environmental Services Form 1
i a
tt
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
REPORT OF PLANNING COMMISSION ACTION
DATE Nov. 1 , 1978
APPLICANT Deep Canyon Tennis C1 ub
Homeowners' Assoc.
73120 Desert Heights CirCle S
Palm Desert CA 92260
CASE NO. : 123MF
The Planning Commission of the City of Palm Desert has considered your request
. . and taken the following action at its meeting of
Oct . 31 1979
CONTINUED TO
DENIED
APPROVED BY PLANNING COMMISSION RESOLUTION NO. 422
PLACED ON THE AGENDA OF THE CITY COUNCIL OF
FOR CONCURRENCE WITH THE PLANNING
COMMISSION DECISION.
PLACED ON THE AGENDA OF THE. CITY COUNCIL OF
FOR PUBLIC HEARING.
Any appeal of the above action may be made 'n writing to the Director of Environmental
Services, City of Palm Desert, within fif een ) days of the date of the decision.
PAUL A. WILLIAMS, SECRETARY
PALM DESERT PLANNING COMMISSSION
cc: Applicant
C.V.C.W.D.
File
F�
PLANNING COMMISSION RESOLUTION NO. 422 '
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND
APPROVING THE DESIGN REVIEW BOARD ACTIONS OF OCTOBER
24 , 1978 .
WHEREAS, the Planning Commission of the City of Palm Desert ,
California, did review the Design Review Board actions of October 24 ,
1978 , approving:
Case No. 149MF - Request for approval of preliminary plans for
an apartment complex for R. RICCIARDI (L. H.
Maddy) ;
Case No. 150AIF - Request for approval of preliminary plans for
an apartment complex for R. RICCIARDI (L. H.
Maddy) ;
Case No. 131MF - Request for final plans for Mobile Home Sub-
division for PALM DESERT 210 LTD. ;
Case No. 123MF - Request for approval of tennis court resubmittal
for DEEP CANYON TENNIS CLUB HOMEOWNERS' ASSOC. ;
WHEREAS, .at this time, upon considering and receiving all testi-
mony and arguments, - if any, of all interested persons desiring to be
heard, said Commission did find sufficient facts and reasons to exist
to approve the Design Review Board actions of October 24 , 1978 .
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of. the
City of Palm Desert , California, as follows :
1 . That the above recitations are true and correct and consti-
tute the findings of the Commission in this case.
2 . That it does hereby approve the Design Review Board actions
of October 24, 1978, subject to the attached revisions as noted in the
minutes of that meeting..
PASSED, APPROVED,. and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 31st day of October , 1978 , by
the following vote, to wit :
AYES : Berkey, Kelly, Kryder, Snyder
NOES: Fleshman
ABSENT : None
ABSTAIN: None
GLORIA KELLY, Chairman
ATTEST:
PAUL A. WILLIAMS , Secretary
/ks
Minutes
Palm Desert Planning Commission
October 24, 1978 Page Four
6. Case No. 87C (Cont. )
a. Site Plan (Sheet 1 )
1 . Increase planters east and west end of parking lot to a minimum
of 4 ft. per Municipal Code. r
2. Designate parking lot lighting and submit to staff.
3. Parking lot shall be fully installed as a part of Building No. 1 .
4. Show alley improvements as required by original conditions.
5. Show undergrounding as originally required.
6. Landscape and irrigation plans shall be provided.
b. Building and Elevations (Sheet No. 2)
1 . Provide sufficient parapet with wood trim to conceal air conditioner
units on north elevation.
2. Building elevation may be lowered to eliminate front ramp..
Carried 4-0 (Urrutia, Jackson, Barton, Johnson) .
r
7. Case --
ro 'Q2;- F (Resubmittal ) - DEEP CANYON TENNIS CLUB HOMEOWNERS' ASSOC. -
Detemination of/compliance to conditions of approval for two tennis court
addit',ens txa—t'�'e Deep Canyon Tennis Club located easterly of Highway 74
and northerly of Haystack Road. Applicant was present.
The issue resolved regarding this case was the type of tree to be used for
screening. The Board recommended that pinus pinea in combination with pinus
halepensis be used.
On a motion by Urrutia, seconded by Barton, the Board determined that if the
landscaping alternative is implemented with the noted modifications and with
a combination of 15 ga.l . (50%) and 24" box (50%) trees, it would appear to
meet the intent of the Planning Commission approval on this request. Carried
4-0 (Urrutia, Barton, Hill , Johnson) .
8. Case No. 28C - RICHARD HOLDEN, A. I.A. for HENRY TAGLE - Final construction
plans for a restaurant to be located at the northwest corner of San Carlos
and the north frontage road. Applicant was not present.
The issue considered on this case was the line of sight problem. In as
much as this issue still appeared to be unresolved the Board decided to
continue thiscase to the next meeting.
On a motion by Urrutia, seconded by Hill , the Board continued this case;
carried 4-0 (Urrutia, Hill , Barton, Johnson) .
9. Case No. 101C (Resubmittal ) - JAMES C. SMITH - Preliminary plan approval
for a racquet ball facility to be located at the northwest corner of Painters
Path and Highway 111 . Applicant was present.
The Board' s concern regarding this case was the need for a more detailed
landscaping plan.
On a motion by Urrutia, seconded by Hill , the Board approved the preliminary
plan with the following addition to the existing Special Conditions:
a. A more detailed landscaping plan shall be provided depicting rock group-
ings, ground cover, parkway and setback treatments.
Carried 4-0 (Urrutia, Hill , Barton, Johnson).
DESIGN REVIEW BOARD DATE October 24, 1978
CASE NO. : 123 MF (Resubmittal )
APPLICANT: Deep Canyon Tennis Club Homeowner's Association
LOCATION: Deep Canyon Tennis Club
ZONING: PR-7, S.P.
In July of this year, this request was approved by the Planning Commission
Their requirements were different from the Design Review Board with
regards to the elevation of the tennis courts. The Board recommended
that the courts be recessed to an elevation of 62.5 ft. , whereas, the
Planning Commission approved the project limiting the height of the tennis
court fencing `not_.: r `� to exceed the height of the adjacent walls. The
applicant has filed revised plans which do not fully comply with either
limitation, but rather is a third alternative. At the closest point
(cross-section B) , the tennis court fencing is 4.7 ft. --higher than the
existing adjacent wall . To mitigate this difference in height, the
applicant is proposing to intensively landscape this area with a combi-
nation of pine trees and shade trees.
STAFF RECOMMENDATION:
Determine that if the landscaping alternative is implemented with a
combination of 15 gallon (50%) and 24" box (50%) trees, it would appear
to meet the intent of the Planning Commission approval on this request.
Minutes
Palm Desert Planning Commission
October 31 , 1978 Page Nine
VI . PUBLIC HEARINGS (Cont . )
H. . Case Nos. C/Z 12-78 & DP 16-78 (Cont . )
Special Condition No . 8 . g. - The transition from com-
mercial to residential should be by means of high land-
scaped berm areas (in addition to the proposed walls) .
The treatment on the commercial side of the property
should be carried over and unified with perimeter treat-
ment on the residential development .
On a motion by Commissioner Berkey, seconded by Commissioner
Kryder , the Commission recommended approval of the Change of Zone
to the City Council from ' S ` Study to PR-4, S.P. (U.A) on 309. 5 acres, _
and PC(2) , S.P. . (U.A. ) on 9. 0 acres, and P (U.A.. ) on 1 . 5 acres, and
a related Development Plan for 320 acres with the noted revisions
to the Resolution and the Conditions- of Approval by Planning Commis-
sion Resolution No. 421 ; carried (4-1 ) AYES : Berkey, Kelly, Kryder ,
Snyder; NOES : Fleshman
VII . OLD BUSINESS - None
VIII . NEW BUSINESS - None
IX. DESIGN REVIEW BOARD ITEMS
A. Consideration of Cases acted on by the Design Review Board
at their meeting of October 24 , 1978 .
Mr . Crump reviewed the cases and noted the revisions as suggested
by the Design Review Board for Case Nos. 150MF & 149MF. Commissioner
Fleshman commented .that the side elevations could be dressed up a little.
Regarding Case No. 131MF - there was some discussion, about the wall re-
quired, and the oleanders - laced in front of it to help control
the sand problem. Case !1:2731NV1!F3as reviewed.
On a motion by Commissioner Kryder , seconded by Commissioner
Berkey, the Commission approved the actions of the Design Review Board
by Planning Commission Resolution No. 422; carried (4-1 ) AYES : Berkey,
Kelly, Kryder , Snyder ; NOES : Fleshman
X. DISCUSSION ITEMS
Mr . Williams noted a referral from the City Council on Case
No . C/Z 09-78 and DP 13-78 , LEWIS HOMES OF CALIFORN1A, Applicant .. He
noted three alternatives that the Commission could take on the referral
at this time.
BETTY WILLIAMS, Rep. of Lewis Homes, spoke to the
Commission and stated that some of the lots on the
north side could have their own pools. She also
stated that Lewis Homes does not want to appear to
be in constant conflict with the� - Planning Commission,they want to work with the Commission and the City.
Commissioner Berkey asked if she would agree with the third
option .
Mrs. Williams replied whatever is best , she will
agree.
Commissioner Snyder stated that the City worked very hard on the
College of the Desert Specific Plan and the area should remain PR-4 .
He suggested that more land be given to the City and then the PR-4 would
be possible. He also stated the the applicant knew the problems of the
area, with regard to drainage, when the land was purchased.
Minutes
Palm Desert Planning Commission
October 31 , 1978 Page Ten
X. DISCUSSION ITEMS (Cont . )
Commissioner Fleshman asked if the Commission ' s comments could
be forwarded to the City Council at this time so that each time this
item comes before either body there is not a battle.
Mr . Williams stated it would be better to forward comments
after the case is reviewed further by the Planning Commission. It
was suggested that option three be taken and the case scheduled
for consideration on November 15, 1978.
Commissioner Kryder stated that the Council should know that
the Commission still wants PR-4, but that it will still be discussed on
November 15 , 1978 .
Alternative C was unanimously accepted by the Commission.
XI . ORAL COItMUNICATIONS - None
XII . COMMENTS
A. City Staff - None
B. City Attorney - None
C. Planning Commissioners
Commissioner Kryder asked if items like the Lewis
Homes item, could not be discussed earlier in the meeting
so as to not keep people waiting.
XIII . ADJOURNMENT
On a motion by Commissioner Snyder, seconded ,by Commissioner
Kryder, the meeting was adjourned at 11 : 25 p.m. ; carried unanimously
PAUL A. WILLIAMS , Secretary
ATTEST:
GLORIA KELLY, Chairman
/ks
` z
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
REPORT OF PLANNING COMMISSION ACTION
DATE July 6, 1978
APPLICANT Deep Canyon Tennis Club
Homeowners ' Assoc.
73120 Desert Heights Circle S
Palm Desert CA 92260
CASE NO. : D - 2 MF
The Planning Commission of the City. of Palm Desert has considered your request
and taken the following action at its meeting of
J ,ly5, 1978
CONTINUED TO
DENIED
XX APPROVED BY PLANNING COMMISSION RESOLUTION NO. 382
PLACED ON THE AGENDA OF THE CITY COUNCIL OF
FOR CONCURRENCE WITH THE PLANNING
COMMISSION DECISION.
PLACED ON THE AGENDA OF THE CITY COUNCIL OF
FOR PUBLIC 'HEARING.
Any appeal of the above action may be made in writing to the .Director of Environmental
Services, City of Palm Desert, within fifteen (15) days of the date of the decision.
PAUL A. WILLIAMS, SECRETARY
PALM DESERT PLANNING COMMISSSION
cc: Applicant
C.V.C.W.D.
File
„1
Y
PLANNING COMMISSION RESOLUTION NO. 382
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING
FINDINGS AND GRANTING APPROVAL OF AN AMENDMENT
TO AN APPROVED DEVELOPMENT PLAN AND PRELIMINARY
DESIGN REVIEW TO ALLOW CONSTRUCTION OF TWO TENNIS
COURTS AT THE DEEP CANYON TENNIS CLUB.
1; CASE NO. DP 07-78 and 123M
i
WHEREAS, pursuant to the provisions of Sec . 25 . 36. 070 of the
Palm Desert Municipal Code, the Planning Commission did on July 5 , 1978 ,
hold a duly noticed Public Hearing to consider an application filed
by DEEP CANYON TENNIS CLUB HOMEOWNERS ' ASSOCIATION for approval of an
amendment to an approved Development Plan and preliminary Design Review
to allow the construction of two tennis courts within the PR-7, S .P.
(Planned Residential , maximum 7 du/acre, scenic preservation overlay)
zone at the Deep Canyon Tennis Club more particularly described as :
APN 628-280-017
WHEREAS, said application has complied with the requirements
of the "City of Palm Desert Environmental Quality Procedure Resolution
No. 78-32 , ” in that the Director of Environmental Services has deter-
mined that the project is statuatorically exempt ; and,
WHEREAS , at said Public Hearing, upon hearing and considering
all testimony and argument , the Planning Commission did find the follow-
ing facts and reasons to exist to justify the granting of said approval :
1 . The proposed project as amended by the recommended condi-
tions is not likely to cause substantial environmental
damage or have a serious effect on the public health,
safety, or general welfare.
2. The proposed project is compatible with existing land use
on the subject site and in the general vicinity of the
project .
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Palm Desert as follows :
1 . That the above recitations are true and correct and consti-
tute the findings of the Commission in this case ;
2. That it does hereby approve the said Amendment to the ap-
proved Development Plan for Deep Canyon Tennis Club and preliminary
Design Review to allow construction of two tennis courts, subject to
the attached conditions.
PASSED, APPROVED, and ADOPTED at a special meeting of the
Palm Desert Planning Commission, held on this 5th day of July, 1978,
by the following vote, to wit :
AYES : BERKEY, KELLY, KRYDER, SNYDER, FLESHMAN
NOES : NONE
ABSENT: NONE
ABSTAIN: NONE
GEORGE BERKEY, Chairman
ATTEST :
PAUL A. WILLIAMS , Secretary
/ks
r '
.r.
a PLANNING COMMISSION
RESOLUTION NO. 382 Page Two
CONDITIONS OF APPROVAL
CASE NOS . DP 07-78 & 123MF
Special Conditions :
1 . Subject courts shall be unlighted.
2 . Height of proposed fence shall not exceed that of adjacent walls
to preserve scenic highway view, as not to be visible from High-
way 74 frontage .
AGREEMENT
I accept and agree , prior to use of this permit or approval , to comply
with all the conditions set forth , and understand the Department of
Building and Safety will not issue a building permit or allow occupancy
on the use permitted until this singed confirmation has been received
by the Department of Environmental Services .
(Date) (Applicant ' s Signature)
CITY OF PALM DESERT
STAFF REPORT
To: Planning Commission
Report On: Development Plan Amendment and Preliminary Design Review
Case Nos. : DP. 07-78 and 123MF
Applicant: DEEP CANYON TENNIS CLUB HOMEOWNERS' ASSOCIATION
Date: July 5, 1978
I. REQUEST:
Request for approval of an Amendment to the approved Development Plan
for the Deep Canyon Tennis Club and preliminary Design Review to pro-
vide for the addition of two tennis courts at the Deep Canyon Tennis
Club.
II. STAFF RECOMMENDATION:
Approve the proposed Amendment and preliminary Design Review by adopt-
ing Planning Commission Resolution No. 382..
Justification:
1 . The proposed project as amended by the recommended conditions is
not likely to cause substantial environmental damage or have a
serious effect on the public health, safety, or general welfare.
2. The proposed project is compatible with existing land use on the
subject site and in the general vicinity. of the project.
III. DISCUSSION:
The Amendment proposed by the Homeowners' Association to the approved
Development Plan for Deep Canyon Tennis Club involves the construction
of 2;:tennis courts on the west side of Desert Heights Circle South.
The Staff is recommending that the courts be unlighted as indicated in
Special Condition No. 1 . The Design Review Board, during their review
of the. project, felt the courts should be recessed an additional 4 feet;
their :recommendation being expressed in Design Review Condition No. 1 .
The Staff is recommending approval of the amendment and preliminary
Design Review as the courts, the landscaping proposed and grading, as
amended, appear satisfactory. The comment regarding the height of the
proposed fence included in the Palm Desert Property Owners Association's
attached letter have been taken under advisement and included as a
Condition of Approval .
PLANNING COMMISSION RESOLUTION NO. 382
A. RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING
FINDINGS AND GRANTING APPROVAL OF AN AMENDMENT
TO AN APPROVED DEVELOPMENT PLAN AND PRELIMINARY
DESIGN REVIEW TO ALLOW CONSTRUCTION OF TWO TENNIS
COURTS AT THE DEEP CANYON TENNIS CLUB.
r . CASE NO. DP 07-78 and 123MF
WHEREAS, pursuant to the provisions of Seca 25. 36. 070 of the
Palm Desert Municipal Code, the Planning Commission did on July 5 , 1978,
hold a duly noticed Public Hearing to consider an application filed
by DEEP CANYON TENNIS CLUB HOMEOWNERS ' ASSOCIATION for approval of an
amendment to an approved Development Plan and preliminary Design Review
to allow the construction of two tennis courts within the PR-7, S .P.
(Planned Residential , maximum 7 du/acre, scenic preservation overlay)
zone at the Deep Canyon Tennis Club more particularly described as :
APN 628-280-017
WHEREAS, said application has complied with the requirements
of the "City of Palm Desert Environmental Quality Procedure Resolution
No. 78-32 , " in that the Director of Environmental Services has deter-
mined that the project is statuatorically exempt ; and,
WHEREAS , at said Public Hearing, upon hearing and considering
all testimony and argument , the Planning Commission did find the follow-
ing facts and reasons to exist to justify the granting of said approval :
1 . The proposed project as amended by the recommended condi-
tions is not likely to cause substantial environmental
damage or have a serious effect on the public health,
safety, or general welfare.
2. The proposed project is compatible with existing land use
on the subject site and in the general vicinity of the
project .
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Palm Desert as follows :
1 . That the above recitations are true and correct and consti-
tute the findings of the Commission in this case;
2. That it does hereby approve the said Amendment to the ap-
proved Development Plan for Deep Canyon Tennis Club and preliminary
Design Review to allow construction of two tennis courts, subject to
the attached conditions.
PASSED, APPROVED, and ADOPTED at a special meeting of the
Palm Desert Planning Commission, held on this 5th day of July, 1978,
by the following vote, to wit :
AYES : BERKEY, KELLY, KRYDER, SNYDER, FLESHMAN
NOES : NONE
ABSENT: NONE
ABSTAIN: NONE
GEORGE BERKEY, Chairman
ATTEST :
PAUL A. WILLIAMS, Secretary
/ks
PLANNING COMMISSION
RESOLUTION NO. 382 Page Two
CONDITIONS OF APPROVAL
CASE NOS. DP 07-78 & 123MF
Special Conditions :
1� 1 . Subject courts shall be unlighted.
I
1. 2 . Height of proposed fence shall not exceed that of adjacent walls
to preserve scenic highway view, as not to be visible from High-
way 74 frontage .
Design Review Conditions :
1. Subject courts shall be recessed to an elevation of 62 . 5.
AGREEMENT
I accept and agree, prior to use of this permit or approval , to comply
with all the conditions set forth, and understand the Department of
Building and Safety will not issue a building permit or allow occupancy
on. the use permitted until this singed .confirmation has been received
by the . Department of Environmental Services .
(Date) (Applicant ' s Signature)
9
6dip... 1
DEPARTMENT OF FIRE PROTECTION
IN COOPERATION WITH THE
'. COUNTY CAL IFORMA DIVISION OF FORESTRY
�ROF
IVERSIDE�:Oasis` DAVID L. FLAKE
P.O.ABOX 248
COUNTY FIRE WARDEN
210 WEST SN JACINTO STREET
PERRIS, CALIFORNIA 92370
TELEPHONE (714) 657-3183
Tri-Cities Fire Marshal
70-800 Highway 111
Rancho Mirage, Ca. 92270
June 21 , 1978
Paul A. Williams
Director of Environmental. Services
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, Ca, 92260
Re: Case. No. DP 07-78 and 123 MK
Dear Mr. Williams,
We have no comment or requirements concerning the proposed amendment.
David J. Ortegel
Fire Marshal
DJO:dt
INTEROFFICE MEMORANDUM
City of Palm Desert
TO: Director of Environmental Services
FROM: Director of Public Works
a
SUBJECT: DP 07-78 and 123MF DATE: June 13, 1978
i
1 . Recommend Building Department approval of the retention
sump basins.. If capacity not sufficient, recommend the
drainage problem be re-analyzed with the idea`, of draining
to the Desert Heights Circle Street,
2. Recommend that the parking situation be given a closer scrutiny
with the original development plan in regards to handling parking
for this tennis court section.
PALM DESERT PROPERTY OWNERS ASSOCIATION
PALM DESERT PROPERTY OWNERS ASSOCIATION
73-833 EL PASEO PALM DESERT,CALIFORNIA 92260
TELEPHONE 346-2804
A Non-Profit Corporation
22 June 1978. '
Paul A. Williams
Director of Environmental Services
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, ' Ca. 92260
Re: Case No. DP 07-78 and 123MP
Dear Mr. Williams :
This is to inform you that at the meeting of the Architectural
Committee of the Palm Desert . Property Owners Association, held,
Wednesday, June 21, 1978 that the committee had the same comments
as per 5--17-78 meeting, i.e. - "height of fence should not exceed
that of adjacent walls to preserve scenic highway view" .
V r u O
Ro er o .d
RIP:ks Architectural Committee Chairman
ENVIRON FEIAUA SERVICES
g PESERT,
CITX
Minutes
Palm Desert Planning Commission
July 5, 1978 Page Thirteen
VI . PUBLIC HEARINGS (Cont . )
L. Case No . DP 07-78 and 127pp
- DEEP CANYON TENNIS CLUB
HOMEOWNERS ' ASSOCIATION, licant
Request for approval of an Amendment to the approved
Development Plan for the Deep Canyon Tennis Club and
r preliminary Design Review to provide for the addition
of two tennis courts at the Deep Canyon Tennis Club .
Mr. Williams reviewed the cases and noted the concerns of
the Design Review Board and noted that the Design Review Board had
requested that the courts be recessed 4 feet .
Chairman Berkey declared the Public Hearing open and asked
if the applicant would like to speak at this time.
ROBERT BARNES, President of Deep Canyon Tennis Club
Homeowners ' Association , noted his disagreement with
recessing the courts 4 feet .
GREG ERICKSON, Vice President of J. M. Peters,
Architect for the project , stated that he had
not been notified of the Design Review Board
meeting. He noted that the additional cost
to recess the tennis courts would be about
$10, 000. Would like to be able to go back to
the Design Review Board if the problem cannot
be solved at this meeting.
Commissioner Kryder stated that if it is costly then the
Design Review Board should reconsider.
Commissioner Fleshman asked. the applicant if he could compromise
and lower the courts 2 feet . Mr. Erickson stated that the retaining
wall would also be very costly if this approach was used.
Mr. Cipriani noted that the applicant had first submitted this
case several months ago and due to the complete plans not being sub-
mitted it had been delayed. It is the applicant ' s responsibility to
check on the Design Review Board meeting date under these circumstances.
There was some discussion as to the height of the fence
and the material to be used. Also there was some concerned mentioned
for the scenic highway view along Highway 74. An addition to Special
Condition No. 2 was suggested to read as follows : as not to be visible
from Highway 74 frontage .
Commissioner Fleshman asked if there would be more landscaping
than there is at present . Mr . Erickson stated that there would be.
On a motion by Commissioner Kryder, seconded by Commissioner
Fleshman, the cases were approved with the addition to Special Condi-
tion No. 2 by Planning Commission Resolution No . 382 ; carried unani-
mously (5-0) .
r .
VIII . OLD BUSINESS - None
Minutes
Palm Desert Design Review Board
June 6, 1978 Page Two
7. Case No. 121MF - R. CORTESE - Preliminary site, floor and elevations for a
duplex to be located on the southside of Candlewood, west of Quailbrush
Avenue. Applicant present.
On a motion by Cipriani , seconded by Leung, the Board approved the pre-
liminary site, floor and elevations subject to the following:
a. Revise landscaping plan as noted on Exhibit "A".
b. Provide a minimum 20' driveway.
Carried 4'-0 (Cipriani , Leung, Hill , Johnson) .
8. Case No. 122MF - R. CORTESE - Preliminary site, floor and elevations for a
duplex to be located on the southside of Candlewood, west of Quailbrush Avenue.
Applicant present.
On a motion by Leung, seconded by Cipriani the .Board approved the preliminary
site, floor and elevations subject to the following:
a. Revise landscaping plan as noted on Exhibit "A".
b. Provide a minimum 20' driveway.
Carried 4"0 (Leung, Cipriani , Hill , Johnson)
9. Case N . 123MF - EEP CANYON TENNIS CLUB HOMEOWNERS ASSOCIATION -
Preliminary and nal site and landscaping for two tennis courts to be
locate at the eep Canyon Tenn.is Club. Applicant not present.
On .a motion by Leung, seconded by Cipriani , the Board approved the pre-
liminary and final site and landscaping subject to the applicant recessing
the courts to an elevation of 62.5; carried 4-0 (Leung, Cipriani , Hill ,
Johnson).
10. Case No. 129MF - JOHN MANDIC - Preliminary site, floor and elevations for
a triplex to be located at the southeast corner of Las Palmas and Royal Palm.
Ap-plicant present.
On a motion by Leung, seconded by Cipriani , the Board approved the preliminary
site, floor and elevations subject to the following:
a. Provide a 15' setback on Royal Palm Drive to allow for a 24' back driveway
and 2' planter strip on southside of property.
b. Revise landscaping plan as noted on Exhibit "A".
c. Provide trash enclosure.
d. West window elevation should be treated like north for continuity.
e. Complete site plan and establish finish grade elevations.
Carried 4-0 (Leung, Cipriani , Hill , Johnson) .
•l
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
DESIGN REVIEW BOARD ACTION REPORT
Date : -June 12, 1978
REPORT ON: Two tennis courts
CASE NO. : 123MF ZONE : PR-7 SP
LOCATION: Deep Canyon Tennis Club
APPLICANT: Deep Canyon Tennis Club Homeowners Association
NATURE OF APPROVAL SOUGHT:
preliminary and final site and landscaping
DESIGN REVIEW BOARD ACTION:
After reviewing the submitted plans and the presentations by
the staff and by the applicant , the DRB pnprnwarl
this project , subject to the attached conditions.
Date of Action : June 6,, 1978
Motion Made By : Leung
Seconded By: Cipriani
Vote : 4-0 (Leung. Cipriani , Hill , Johnson)
Reasons for Negative Vote (s) :
(An appeaZ of the above action may be made in writing to the City CZerk
of the City of Palm Desert within fifteen (Z5) days of the date of the
decision. ) . _.
1.
STAFF COMMENTS :
Placed on the Planning Commission Agenda for
Wednesday, July 5th, 1978.
✓ L
DESIGN REVIEW CONDITIONS FOR
CASE NO. 123 MF
1 . Recess the courts to an elevation of .62.5.
AGREEMENT
I accept and agree, prior to use of this permit or approval , to comply with
all the conditions set forth, and understand the Department of Building and
Safety will not issue a building permit or allow occupancy on the use per-
mitted until this signed confirmation has been received by the Department
of Environmental Services. .
}
Date Applicant's Signature
i
DEPARTMENT OF FIRE PROTECTION
a, IN COOPERATION WITH THE
COUNTY - >.-, CALIFORNIA DIVISION OF FORESTRY
OF.
VRIVERSIDE MAY 9.18iJ DAVID L. FLAKE
P.O. eox 24e
COUNTY FIRE WARDEN
210 WEST SAN JACINTO STREET
PERRIS, CALIFORNIA 92370
TELEPHONE (714) 657-3183
May 10, 1978 Tri-Cities Fire Marshal
70-800 Highway 111
Rancho Mirage, Ca. 92270
Paul A. Williams
Director of Environmental Services
City of Palm Desert
45-275 Prickly Pear Lane .
Palm Desert, Ca. 92260
DP 07-78 and 123 MF
The Riverside County Fire Department has no recommendations or
requirements at this time.
David J. Or egel
Fire Marshal.
DJO:dt
IV L
-.;
MAY 12 1.9/c'
ENVIRONMENTAL SERVICES
CITY OF PALM DESERT
i
INTEROFFICE MEMORANDUM
City of Palm Desert
TO: Director of Environmental Services
FROM: Director of Public Works
SUBJECT: Development Plan 07-78, 123MF DATE: May loth, 1978
No comment.
MAY 1 1 7."7U
ENVIRONMENTAL SERVICES
CITY OF PALM DESERT
PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp
(2015.5 C.C.P.)
•
STATE OF CALIFORNIA� ss.
County of Riverside.
I am a citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the above Proof of Publication of
entitled matter. I am the principal clerk of the printer CITY OF PALM DESERT
of PALM DESERT POST, a newspaper of general circu-
lation, published weekly, in Palm Desert, County of RIME NOS------DP-_.47--7$--and-__1.2_1__AF_____-_--"------____--
Riverside, and which newspaper has been adjudged Request for approval of an amendment
a newspaper of general circulation by the Superior
Court of the County of Riverside, St ILL 0 oc> —
under date of October 5, 1964, Cas = �a o
dCL
that the notice, of which the annexed ���r-a`o _ Q�v ; °a
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PALM DESERT PROPERTY OWNERS ASSOCIATION
PALM DESERT PROPERTY OWNERS ASSOCIATION
73-833 EL PASEO PALM DESERT,CALIFORNIA 92260
TELEPHONE 346-2804
A Non-Profit Corporation
18 May 19,78
Paul A. Williams
City of Palm Desert
45--275 Prickly Pear Lane
Palm Desert , CA. 92260
Re Case No. DP 07-78 and 123MF
Dear Mr. Williams :
This is to inform .you that at the meeting of the Architectural
Committee of the Palm Desert Property Owners Association held,
Wednesday, May 17 , 1978 that the committee reviewed the plans
for additional tennis courts at the Deep Canyon Tennis Club and
had the following comment :
1. Height of fence should not exceed that of
adjacent walls to preserve scenic highway view.
WerPitch r
RIPrks Architectural Committee Chairman
EIR FORM #1
CITY OF PALM DESERT
NOTICE OF EXEMPTION
Case No. : DP 07-78 and 123MF
Applicant : DEEP CANYON TENNIS CLUB HOMEOWNERS' ASSOCIATION
73120 Desert Heights Circle South
Palm Desert, CA 92260
Description of Project :
Request for approval of an Amendment to the approved Development
Plan for the Deep Canyon Tennis Club to provide for the addition
of two tennis courts.
Finding:
Project will not have a significant adverse effect on the environ-
ment and no further environmental documentation will be required.
Justification :
Project is compatible with zoning, General Plan, and previously
approved development plan . Project is exempt pursuant to Section
15070(_b) (3) of the California Environmental Quality Act of 1970.
r
PROOF OF PUBLICATION `''.,,•, This space is for the County Clerk's Filing Stamp
(2015.5 C.C.P.)
STATE OF CALIFORNIAj ss.
County of Riverside f
I am a citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the above Proof of Publication of
entitled matter. I am the principal clerk of the printer
of PALM DESERT POST, a newspaper of general circu-
lation, published weekly, in Palm Desert, County of - y--, of 'alm--- -e--------------------
Riverside, and which newspaper has been adjudged
a newspaper of general circulation by the Superior
Court of the County of Riverside, State of California, ..Cars.- a7o1-8---amA---1_Z3XV--------------
under date of October 5, 1964, Case Number 83658;
that the notice, of which the annexed is a printed copy,
----------------------------------------------------------------------------------
has been published in each regular and entire issue of
said newspaper and not in any supplement thereof on Paste clipping
the following dates to-wit: of Notice
SECURELY
In This Space
- - --.-------------- -G/1-5------- ----------------------------------------
I certify (or declare) under penalty or perjury that the'!
foregoing is true and correct.
f �
---- - Signature
Date -- 3 -15------------------------------ 197_8_
at Palm Desert, California
LEGAL NOTICE request by the [ CANYON JIS CLUB HO-
CITY OF PALM DESERT MEOWNERS'ASSOI r, wN fora pro, m Amendment to
REQUEST FOR APPROVAL OF AN FOR TH Eh J THE the oporoved DeveN—ment Plan for.the ep Canyon Tennis
APPROVED DEVELOPMENT PLAN FOR THE DtcP CAN- Club and prellm'�i ' design review to provide for the construc-
YON TENNIS CLUB TO PR6*1DE FOR THE CONSTRUC- tion of two additional tennis courts on land within the PR-7,S.P.
TION OF TWO ADDITIONAL TENNIS COURTS. (Planned residential, maximum 7 du/acre, scenic preservation
Case Nos. OP 07.78 and 123MF overlay) zone, more particularly described as:
NOTICE IS HEREBY GIVEN that a Public Hearing will be APN 628-280-017
held before the Palm Desert Plannina Commission to consider a
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SAID Public Hearing will be held on Wednesday, July 5, 1978, and be heard. =
at 7:00 P.M. in the Council Chambers in the Palm D@@sert City I PAUL A. WILLIAMS, Secretary ,
Hall, 45-275 Prickly Pear Lane, Palm Desert, Colitornia, at Palm Desert Planning Commission *DP�/jSt"I
which time and place,all interested persons are invited to offend
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
June 12, 1978
LEGAL NOTICE
CITY OF PALM DESERT
REQUEST FOR APPROVAL OF AN AMENDMENT TO THE APPROVED
DEVELOPMENT PLAN FOR THE DEEP CANYON TENNIS CLUB TO
PROVIDE FOR THE CONSTRUCTION OF TWO ADDITIONAL TENNIS
COURTS.
CASE NOS. DP 07-78 and 123MF
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm
Desert Planning Commission to consider a request by the DEEP CANYON TENNIS
CLUB HOMEOWNERS' ASSOCIATION for approval of an Amendment to the approved
Development Plan for the Deep Canyon Tennis Club and preliminary design
review to provide for the construction of two additional tennis courts on
land within the PR-7, S.P. (Planned residential , maximum 7 du/acre, scenic
preservation overlay) zone, more particularly described as:
APN 628-280-017
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SAID Public Hearing will be held on Wednesday,June 5, 1978, at 7:00 p.m. in the
Council Chambers in the. Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm
Desert, California, at which time and place, all interested persons are invited
to attend and be heard.
PAUL A. WILLIAMS, Secretary
Palm Desert- Planning Commission
PUBLISH: Palm Desert Post
June 15," 1978
off lFa01=1a =XD=(:E)nDfrV 0a U�
45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260
TELEPHONE (714) 346-0611
REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL
Case No. : DP 07-78 and 123MF
Project: Development Plan Amendment (Deep Canyon Tennis Club)
Applicant: DEEP CANYON TENNIS CLUB HOMEOWNER'S ASSOC.
Enclosed please find materials describing a project for which the
following is being requested:
Approval of an Amendment to the approved Development
Plan for the Deep Canyon Tennis Club to provide for
the addition of two tennis courts.
The attached data was prepared by the applicant and is being forwarded
to you for comments and recommended Conditions of Approval . The City
is interested in the probable impacts on the natural environment (e.g.
water and air pollution) and on public resources (e.g. demand for
schools, hospitals, parks, power generation, sewage treatment, etc. )
Your comments and recommended conditions of approval must be received
by this office prior to 5:00 p.m. June 23 , 1978, in order to be
discussed by the Land Division Committee at their meeting of June 28th
The Land Division Committee (comprised of Director of Environmental
Services, City Building Official , City Engineer, Fire Marshal and a
representative of CVCWD) will discuss the comments and recommended
conditions of.approval and will forward them to the Planning Commission
. through the staff report. Any information received by this office after
the receipt deadline will not be discussed by the Land Division Com-
mittee nor.will it be. forwarded to the Planning Commission for consid-
eration.
Very truly yours,
Paul A. Williams
Director of Environmental Services
-PAW/k s
PLEASE RETURN MAP WITH COMMENTS
SNYDER & GALLOWAY
ATTORNEYS AT LAW
KENT G.SNYDER 2212 DUPONT DRIVE•SUITE I
ROGER G.GALLOWAY IRVINE,CALIFORNIA 92715
RONALD D.STEINBACH
MARVIN D.MAYER TELEPHONE(714)833-9078 -
August 17, 1979
The City Council of Palm Desert'
Prickly- Pear Lane
Palm Desert, California 45275
Re: Bonds,' Tract' 4558' Deep 'Canyon Tennis Club
Attention: City Clerk
f'
Gentlemen:
Under date of July 27, 1973 Kaiser Aetna dba El
Dorado Homes posted three bonds in favor of the County of
Riverside. The bond numbers were:
M796606 $ 89, 500. 00
M796607 $131, 500. 00
M796608 $ 68, 500. 00
The first two were bonds for completion of the
installation of the water system and the third bond was
for completion of streets
Upon annexation of the area by Palm Desert the
County of Riverside requested the City to advise of the
completion of the work sb; that the bonds could be exonerated.
The work has been completed for sometime and it is respect-
fully 'requested that a letter be issued affirming such
fact and ,authorizing exoneration of the bonds. The under-
signed is counsel for Kaiser Aetna and makes this request
on its behalf.
Very ul yours,
1
ROG G. GALLOWAY
RGG/ma f
Cce
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E j
BEFORE THE
DEPARTMENT OF REAL ESTATE' '
OF THE ENVIRONMENTAL SERVICES
STATE OF CALIFORNIA CITY OF PALM DESERT
TELEPHONE N0. (213) 620-2700
In the matter of the application of PRELIMINARY SUBDIVISION
PUBLIC REPORT
DEEP CANYON PARTNERS,
a limited partnership FILE NO. 41335
ISSUED: DECEMBER 14, 1977
For a Prelim p* faffM Subdivision Public Report on
TRACT NO. 4558 LOTS 6 AND 7
"DEEP CANYO IS CLUB"
RIVERSIDE COUNTY, CALIFORNIA EXPIReS: DECEMBER 13, 1978.
This Report Is Not a Recommendation or Endorsement of the Subdivision
But Is Informative Only.
Buyer or Lessee Must Sign That He Has Received and Read This Report.
This is a Preliminary Subdivision Public Report which permits the taking of reservations to purchase or lease a lot or parcel in
this subdivision under the following conditions: (1) such reservations must be subject to the approval of the final public
report by the proposed purchaser; (2) any valuable consideration involved must be placed in a neutral escrow depository
subject to withdrawal by the proposed purchaser at any time without deductions and an option to cancel his reservation at
any time until he approves the final public report; and (3) a copy of the reservation agreement signed by the prospective
purchaser-and by the subdivider-or his agent must be placed in the escrow.
This Report Expires on Date Shown Above. If There Has Been a Material. Change in the Offering, an
Amended Public Report Must Be Obtained and Used in Lieu of This Report.
Section 35700 of the California Health and Safety Code provides that the practice of discrimination
because of race, color, religion, sex, martial status, national origin or ancestry in housing accommodations is
against public policy.
Under Section 125.6 of the California Business and Professions Code, California real estate licensees are
subject to disciplinary action by the Real Estate Commissioner if they make any discrimination, distinction
or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion, ancestry
or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is
guilty of such conduct, he or she should contact the Department of Real Estate.
INFORMATION REGARDING SCHOOLS CAN BE FOUND ON PAGE ': SIX OF THIS REPORT.
The Filing of This Subdivision With the Department of Real Estate is Incomplete. Do Not Enter Into a .
Binding Contract to Purchase Until You Are Furnished a Final Subdivision Public Report. Read the
Information on the Following Pages.
R/E Form 620
ini7F
THE FILING OF THIS SUBDIP1TCION WITH THE DEPARTMENT OF REA► ESTATE IS INCOMPLETE .
IN THE FOLLOWING RESPECT
Copies of the title report issued subsequent to recordation of plan, water
letter and flood hazard letter have not yet been submitted.
SPECIAL NOTES
THE AGREEMENT YOU WILL SIGN TO RESERVE A UNIT IN THIS SUBDIVISION DOES NOT BIND THE
SELLER TO SELL AT PRICES IN EFFECT OR QUOTED TO YOU AT THE TIME YOU ENTER INTO A
RESERVATION AGREEMENT. BY THE TIME FINAL SUBDIVISION PUBLIC REPORT IS ISSUED TO THE
.DEVELOPER THE ACTUAL PURCHASE PRICE MAY INCREASE ON SOME OR ALL THE UNITS IN THIS
SUBDIVISION.
THIS PROJECT IS A COMMON INTEREST SUBDIVISION OF THE TYPE REFERRED TO AS A CONDOMIUM.
IT WILL BE OPERATED BY AN INCORPORATED OWNERS' ASSOCIATION. THE ASSOCIATION HAS THE
RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER
PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS NORMALLY LIMITED TO THE RIGHT
OF YOUR ELECTED REPRESENTATIVES TO VOTE ON CERTAIN PROVISIONS AT MEETINGS.
THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF
INCORPORATION, RESTRICTIONS AND BYLAWS, BY POSTING THEM IN A PROMINENT LOCATION IN THE
SALES OFFICE AND FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN
NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS,
PRIVILEGES, USE, OBLIGATIONS, AND COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD READ
AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT OR UNIT.
THE SUBDIVIDER STATED THAT HE WILL FURNISH THE CURRENT BOARD OF OFFICERS OF THE HOME-
OWNER ASSOCIATION THE BUILDING PLANS TO INCLUDE DIAGRAMS OF LOCATION OF MAJOR COMPONENTS,
UTILITIES AND RELATED DATA. THESE ITEMS WILL BE IMPORTANT TO THE BOARD OF OFFICERS OR
THOSE WHO WILL MANAGE OR REPAIR COMMON FACILITIES IN THIS SUBDIVISION.
THE SUBDIVIDER OF THIS PROJECT HAS INDICATED THAT HE INTENDS TO SELL ALL OF THE UNITS
IN THIS PROJECT. HOWEVER, ANY OWNER, INCLUDING THE SUBDIVIDER, HAS A LEGAL RIGHT TO
LEASE THE UNITS. PROSPECTIVE PURCHASERS SHOULD CONSIDER THE POSSIBLE EFFECTS ON THE
DEVELOPMENT IF A SUBSTANTIAL PORTION OF THE UNITS BECOME RENTAL PROPERTIES.
IF YOU PURCHASE TWO OR MORE UNITS THE SELLER IS REQUIRED TO NOTIFY THE REAL. ESTATE .
COMMISSIONER OF THE SALE. IF YOU INTEND TO SELL- A UNIT OR LEASE A UNIT FOR MORE THAN
ONE YEAR, YOU ARE REQUIRED TO OBTAIN AN AMENDED SUBDIVISION PUBLIC REPORT BEFORE YOU CAN
OFFER THE UNITS FOR SALE OR LEASE.
WARNING: WHEN YOU SELL YOUR CONDOMINIUM UNIT TO SOMEONE ELSE, YOU MUST GIVE THAT PERSON
A COPY OF THE DECLARATION OF RESTRICTIONS, THE ARTICLES OF INCORPORATION AND THE
BYLAWS. IF YOU FORGET TO DO THIS, IT MAY COST YOU A PENALTY OF $500.00, PLUS
ATTORNEY'S FEES, PLUS DAMAGES.
INTERESTS TO BE CONVEYED: You will receive fee title to a specified unit, together with
an undivided fractional fee interest as a tenant in common in a portion of the common
area, together with a membership in DEEP CANYON TENNIS CLUB HOMEOWNERS' ASSOCIATION and
rights to use the common area and the recreational facilities located on Lot 4 of Tract
No. 4558.
-2- of 6 Pages FILE NO. 41335
(Preliminary)
LOCATION AND SIZE: In the City of Palm Desert.
`The total project is proposed to contain a total of seven phases and 350 units, if
completed. This is the fifth phase, which consists of approximately 11 .5 acres on
which twenty five buildings containing 94 units and 150 covered and 30 uncovered
parking spaces will be constructed, together with common facilities consisting of
two swimming pools and two canabas.
Phases I and 2 (Lots 2 and 3, respectively) are completed and contain a total of
108 units and common facilities consisting of four swimming pools, and four paddle
tennis courts. The homeowners' association owns Lot 4 of Tract 4558, which contains
additional common facilities consisting of one recreation building, one tennis pro
shop, ten tennis courts, one swimming pool , onejac-tzzi, and one putting green. .
Phase 3 contains 56 units which have been constructed and 16 units which will be
constructed. A total of two swimming pools have already been built in Phase 3.
Phase 4 contains 20 units which will be constructed, and one swimming pool which will
be constructed and one cabana which will be constructed.
Additional common facilities of one swimming pool and one cabana are proposed for Lot
8 of Tract 4558.
There •is no assurance that the total project will be completed as proposed.
Originally, it was contemplated that an additional 180 condominium units would be
built on Lots 6, 7 and 8 of Tract 4558, which would annex into the Deep Canyon Tennis
Club Homeowners' Association. The County of Riverside, on December 7, 1971 , zoned
the right lots comprising Tract No. 4558 for 360 condominium units by Conditional Use
Permit R-2000. Subsequent to that date, Tract 4558 was incorporated into the City
of Palm Desert. The City of Palm Desert, in November, 1973, pursuant to its Ordinance
No. 12, decided to eliminate ten units from the proposed 180 units left to be built
on Lots 6, 7 and 8. Today, the subdivider, due to expiration of the original permit
to build 170 additional units, must re-apply for a new building permit. Although the
subdivider believes that it has a vested right to the development of 180 units on
Lots 6, 7 and 8, however, no assurance. can be given that the City of Palm Desert will
allow 180 units, 170 units, or any more units today. The City may rezone the Lots
6, 7 and 8 or pass a .no-growth ordinance.
MANAGEMENT AND OPERATION: The Deep Canyon Tennis Club Homeowners' Association which you
must join, manages and operates the common area(s) in accordance with the Restrictions,
Articles of Incorporation and Bylaws.
MAINTENANCE AND OPERATIONAL EXPENSES: The subdivider has submitted a budget for the
maintenance and operation of the common areas. You should obtain a copy of this
budget from the subdivider. Under this budget, the monthly assessment against each
subdivision unit will be $126. 50, of which amount $17.87 is for reserves for major
repairs and replacements.
The subdivider has agreed to subsidize 50/360 hundredths of the cost of maintaining
the recreation facilities on Lot 4 and other common area facilities for five years.
-3- of 6 pages
FILE NO. 41335
(Preliminary)
This obligation is bonded. As each unit on Lots 6, 7 and 8 is annexed, built and
sold, the subdivider's subsidy obligation will be reduced by 1/350th and the new unit
i owner who becomes a member of the association will pick up this portion of the
subdivider's subsidy as a part of the monthly dues of $126.50. If the subdivider paid
no subsidy and no additional units were annexed and sold, your monthly dues would be
$160.05.
IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY
ASSESSMENT FIGURE WHICH VARIES 10% OR MORE FROM THE ASSESSMENT
AMOUNT SHOWN IN THIS PUBLIC REPORT, YOUR SHOULD CONTACT THE
DEPARTMENT OF REAL ESTATE BEFORE ENTERING INTO AN AGREEMENT TO
PURCHASE.
The association may increase or decrease assessments at any time in accordance with
the procedure prescribed in the CC&Rs or Bylaws. In considering the advisability of a
decrease in assessments, care should be taken not to eliminate amounts attributable to
reserves for replacement or major maintenance.
THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF
THE DATE OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO. PREDICT
ACCURATELY AND EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST EXPENSES
INCREASE WITH THE AGE OF FACILITIES AND WITH INCREASES IN THE COST OF
LIVING.
Monthly assessments will commence on all units in this phase at the time of the first
sale of unit. From that time, the subdivider is required to pay the association a
monthly assessment for each unit which he owns.
The remedies available to the association against owners who are delinquent in the
payment of assessments are set forth in the CC&Rs. These remedies are available against
the subdivider as well as against other owners.
EASEMENTS: Easements for utilities and other purposes are shown on the title report and s.
subdivision map recorded in the office of the Riverside County Recorder, Book 78, Page
42, and Parcel Map 10656 recorded in Book 37, Page 9, in the Office of the Riverside
County' Recorder.
RESTRICTIONS: This subdivision is subject to restrictions recorded in the Office of the
Riverside County Recorded, August 21 , 1973, as Instrument No. 1111.87; December 19, 1973,
as Instrument No. 163640; June 14, 1974, as Instrument No. 73914; January 29, 1975, as
Instrument No. 11026; June 17, 1977, as Instrument No. 112352, which include, among
other provisions, the following:
Non-payment of assessments to homeowners' association may result in a foreclosure against
the owner.
Restricted common areas are provided. Read the CC&Rs carefully to determine these.
TAX ESTIMATES: If the subdivider is unable to give you the current tax information,
you may approximate your taxes as follows:
TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL
TAX RATE. THE TAX RATE FOR THE 1976/77 FISCAL YEAR IS $12.237. THE TAX
RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS. FOR EXAMPLE,
ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE
TAX RATE HAD BEEN SET. COULD INCREASE THE FUTURE RATE.
-4-of 6 pages FILE NO. 41335
(Preliminary)
3N
CONDITIONS OF SALE: If ,jur purchase involves financing, a form of deed of trust and
nofe will be used. These documents contain the following provisions:
An acceleration clause. This means that if you sell the property, the lender
may declare the entire unpaid balance immediately due and payable.
A late charge. This means that if you are late in making your monthly payment,
you may have to pay an additional amount as a penalty.
A prepayment penalty. This means that if you wish to pay off your loan in whole
or in part before it. is due, you may be required to pay an additional amount
as a penalty in accordance with the terms of the loan.
BEFORE SIGNING, YOU SHOULD READ AND THOROUGHLY UNDERSTAND ALL LOAN DOCUMENTS.
ASSESSMENTS: This tract lies within the Coachella Valley County Water District
Storm Water Unit which has the power to levy a special assessment on the assessed
value applicable to land and improvements. The tax rate for the 1976/77 fiscal year
is $0.430 per $100 of assessed value.
RESERVATION MONEY HANDLING: If you reserve a lot, the subdivider must place all funds
received from you in a neutral escrow at the TMC Escrow Company; 2082 Business Center
Drive - Suite 235, Irvine, California 92715 subject to the conditions of the
tentative reservation agreement.
GEOLOGIC CONDITIONS: THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING
OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE
FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTHQUAKE SHAKING, RAPID
EROSION OR SUBSIDENCE. THIS SUBDIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE
HAZARDS MAY EXIST. SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT
MAY OR MAY NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARATION.
PURCHASERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER-S' ENGINEER, THE ENGINEERING
GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE-MENTIONED HAZARDS
HAVE BEEN CONSIDERED AND IF THERE HAS BEEN ADEQUATE COMPLIANCE WITH CHAPTER 70 OR AN
EQUIVALENT OR MORE STRINGENT GRADING ORDINANCE DURING THE CONSTRUCTION OF THIS SUB-
DIVISION.
FILLED GROUND: This 'tract contains filled ground varying to a maximum depth of eight
feet. . These soils are to be properly compacted for the intended use under the super-
vision of a state licensed engineer.
FLOOD AND DRAINAGE: The Coachella Valley County Water District advises:
This area is protected from stormwater flows by a system of channels and dikes
built and maintained by this district. This tract may be considered safe
from stormwater flows, except in rare instances.
SEWAGE DISPOSAL: The subdivider advises that there is presently a $4.00 per month sewer
service charge.
STREET AND ROADS: The streets within this subdivision are private. No provision for
their repair and maintenance has been made by the developer, and it is not contemplated
that he will do so. All -repair and maintenance of these private streets will be the
responsibility and expense of the association. The cost is included in the. budget.
-5-of 6 pages
FILE NO. 41335
(Preliminary) ti;
PUBLIC TRANSPORTATION: Regularly scheduled public trans poration is not available.
SCHOOLS: The Desert Sands Unified School District advises that the location and dis-
tance from the most distant lot in the tract to the nearest schools serving this tract.
are as follows:
Washington Elementary (K-2), 45768 Portola Avenue, 2-, miles;
Lincoln Grammar (3-5), 74100 Rutledge, 3 miles;
Palm Desert Middle (6-8), 74100 Rutledge, 3 miles;
Indio High (9-12), 81750 Avenue 46, 10 miles. _
School bus transportation is available, without charge, to the above schools.
NOTE: This school information was provided by the school district prior to issuance
of the public report. . Purchasers may contact the local school district offices for
any changes in school assignments,. facilities and bus service.
For further information in regard to this subdivision, you may call (213) 620-27009
or examine the documents at the Department of Real Estate, 107 South Broadway, Room
8136, Los Angeles, California 90012.
FILE NO. 41335
-6- of last (Preliminary)
DEPARTMENT OF REAL ESTATE FEB 14 1979
OF THE ENVIRONMENTAL SERVICES
STATE OF CALIFORNIA CITY OF PALM DESERT
TELEPHONE NO. ( 213.) 620-2700
In the matterof the application of FINAL SUBDIVISION
PUBLIC REPORT
DEEP CANYON PARTNERS,
a limited partnership FILE NO. 41335
ISSUED: MAY 4, 1978
2nd AMENDMENT: JANUARY 17, 1979
for a Final Subdivision Public Report on
EXPIRES: MAY 3, 1983
TRACT NO. 4558 AND PARCEL MAP 11680,
LOT D
"DEEP CANYON TENNIS CLUB"
RIVERSIDE COUNTY, CALIFORNIA
This Report Is Not a Recommendation or Endorsement of the Subdivision
But Is Informative Only.
Buyer or Lessee Must Sign That He Has Received and Read This Report.
This Report )Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an
Amended Pubffc Report Must Be Obtained and Used in Lieu of This Report.
Section 35700 of the California Health and Safety Code provides that the practice of discrimination
because of race,color, religion, sex, marital status, national origin or ancestry in housing accommodations is
against public policy.
Under Section 125.6 of the California Business and Professions Code, California real estate licensees are
subject to disciplinary action by the Real Estate Commissioner if they make any discrimination, distinction
or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion, ancestry
or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is
guilty of such conduct, he or she should contact the Department of Real Estate.
Information Regarding Schools can be found on Page 7 of this Report.
READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this
SUBDIVISION.
H/E Form 618
10/7 6 56503-a05 12-77 au osr
COMMON INTEREST SUBDIVISION GENERAL INFORMATION
The project described in the attached Subdivision Public Report is known as a common-interest
subdivision. Read the Public Report carefully for more information about the type of subdivision.
The subdivision includes common areas and facilities which will be owned and/or operated by an
owners' association. Purchase of a lot or unit automatically entitles and obligates you as a member of. .-
the association and, in most cases, includes a beneficial interest in the areas and facilities. Since
membership in the association is mandatory, you should be aware of the following information
before you purchase:
Your ownership in this development and your rights board. In short,"they"in a coin mon-interest subdivision
and remedies as a member of its association will be is"you". Unless you serve as a member of the governing
controlled by governing instruments which generally board or on a committee appointed by the board, your
include a Declaration of Restrictions (also known as control of the operation of the common areas and
CC&R's). Articles of incorporation (or association)and facilities is limited to your vote as a member of the
Bylaws. The provisions of these documents are intended association. There are actions that can be taken by the
to be,and in most cases are,enforceable in a court of law. governing body without a vote of the members of the
Study these documents carefully before entering into a association which can have a significant impact upon the
contract to purchase a subdivision interest. quality of life for association members.
In order to provide funds for operation and Until there is a sufficient number of purchasers of lots
maintenance of the common facilities, the association or units in it common-interest subdivision to elect a
will levy assessments against your lot/unit. If you are majority of the governing body, it is likely that the
delinquent in the payment of assessments,the association subdivider will effectively control the affairs of the
may enforce payment through court proceedings or your association. It is frequently necessary and equitable that
lot/unit may be licned and sold through the exercise of a the subdivider do so during the early stages of
power of sale. The anticipated income and expenses of development. It is vitally important .to the owners of
the association, including the amount that you may individual subdivision interests that the transition from
expect to pay through assessments, are outlined in the subdivider to resident-owner control be accomplished in �
proposed budg. . Ask to see a copy of the budget if the an orderly manner and in a spirit of cooperation.
subdivider has not already made it available for your
examination.
When contemplating the purchase of a dwelling in a
common-interest subdivision, you should consider
A homeowner association provides it vehicle for the factors beyond the attractiveness of the dwelling units
ownership and use of recreational and other common themselves. Study the governing instruments and give
facilities which%vcre designed to attract you to buy in this careful thought to whether you will be able to exist
subdivision. The association also provides a means to happily in an atmosphere of cooperative living where the
accomplish architectural control and to provide a hase interests of the group must be taken into account as well
for homeowner interaction on a variety of issues. The as the interests of the individual. Remember that
purchaser of an interest in a common-interest subdivision managing a common-interest subdivision is very much
should contemplate active participation in the affairs of like governing a small community . . . the management
the association. He or she should he willing to serve on can serve you well, but you will have to work for its
the board of directors or on committees created by the success.
DRE
n
o
—2— of 7 pages FILE NO. 41335
(2nd AMENDMENT)
• SPECIAL NOTES
THIS AMENDED REPORT COVERS ONLY UNITS VI-1, VI-2, VI-3, VI-6, VI-7, VI-14,
VI-16, VI-21, VI-23, VI-25, VI-27, VI-32, VI-35 and VI-36 ON LOT D OF PARCEL
MAP 11680.
THIS PROJECT IS A CONDOMINIUM. IT WILL BE OPERATED BY AN INCORPORATED
OWNERS ASSOCIATION. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS
AGAINST YOU FOR THE MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES.
YOUR CONTROL OF OPERATIONS AND EXPENSES IS NORMALLY LIMITED TO THE.RIGHT
OF YOUR-ELECTED REPRESENTATIVES TO VOTE ON-CERTAIN PROVISIONS AT'MEETINGS.
THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE
ARTICLES OF INCORPORATION, RESTRICTIONS AND BYLAWS, BY FURNISHING YOU
COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUMEROUS PRO-
VISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES,
USE, OBLIGATIONS AND COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD
READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PUR-
CHASE A UNIT.
THE SUBDIVIDER STATED HE WILL FURNISH THE CURRENT BOARD OF OFFICERS OF
THE HOMEOWNERS ASSOCIATION THE BUILDING PLANS TO INCLUDE DIAGRAMS OF
LOCATION OF MAJOR COMPONENTS, UTILITIES AND RELATED DATA. THESE ITEMS
WILL BE IMPORTANT TO THE BOARD OF OFFICERS OR THOSE WHO WILL MANAGE OR
REPAIR COMMON FACILITIES IN THIS SUBDIVISION.
THE SUBDIVIDER OF THIS PROJECT HAS INDICATED THAT HE INTENDS TO SELL ALL
OF THE UNITS IN THIS PROJECT. HOWEVER, ANY OWNER, INCLUDING THE SUB-
DIVIDER, HAS A LEGAL RIGHT TO LEASE THE UNITS. PROSPECTIVE PURCHASERS
SHOULD CONSIDER THE POSSIBLE EFFECTS ON THE DEVELOPMENT IF A SUBSTANTIAL
PORTION OF THE UNITS BECOME RENTAL PROPERTIES.
IF YOU PURCHASE TWO OR MORE UNITS, THE SELLER IS REQUIRED TO NOTIFY THE
REAL ESTATE COMMISSIONER OF THE SALE. IF YOU INTEND TO SELL A UNIT OR
LEASE A UNIT FOR MORE THAN ONE YEAR, YOU ARE REQUIRED TO OBTAIN AN AMEND-
ED SUBDIVISION PUBLIC REPORT BEFORE YOU CAN OFFER THE UNITS FOR SALE OR
LEASE.
WARNING: WHEN YOU SELL YOUR CONDOMINIUM UNIT TO SOMEONE ELSE, YOU MUST
GIVE THAT PERSON A COPY OF THE DECLARATION OF RESTRICTIONS THE
ARTICLES OF INCORPORATION AND THE BYLAWS. IF YOU FORGET TO DO
THIS, IT MAY COST YOU A PENALTY OF $500.00, PLUS ATTORNEY'S
FEES, PLUS DAMAGES. (SEE CIVIL CODE SECTION 1360.)
INTERESTS TO BE CONVEYED: You will receive ,fee title to a specified unit, together
with an undivided fractional fee interest as a tenant in common in a portion of the
common area, together with a membership in DEEP CANYON TENNIS CLUB HOMEOWNERS ASSO-
CIATION, and rights to use the common area and the recreational facilities located on
Lot 4 of Tract No. 4558.
LOCATION AND SIZE: In the City of Palm Desert.
-3- of 7 pages (2 N nd AMENDMENT)
The total project is proposed to contain a total of eight phases and 350 units, if com-
pleted. This is the sixth phase which consists of approximately 4.33 acres on which
ten buildings containing 36 units and 60 covered and 13 uncovered parking spaces will
be constructed.
Phases 1 and 2 (Lots 2 and 3, respectively) are completed and contain a .total of 108 _
units and common facilities consisting of four swimming pools, and four paddle tennis
courts. The homeowners' association owns Lot 4 of Tract 4558, which contains addition-
al common facilities consisting of one recreational building, one tennis pro shop, ten
tennis courts, one swimming pool, one jacuzzi, and one putting green.
Phase 4 contains 20 units which will. be constructed and one swimming pool which will be
constructed and one cabana which will be constructed.
Phase 5 contains 58 units which will be constructed, and two swimming pools and two ca-
banas which will be constructed.
There is no assurance that the total project will be completed as proposed.
Originally, it was contemplated that an additional 180 condominium units would be built
on Lots 6, 7 and 8 of Tract 4558, which would annex into the Deep Canyon Tennis Club
Homeowners Association. The County of Riverside, on December 7, 1971, zoned the eight
lots comprising Tract No. 4558 for 360 condominium units by Conditional Use Permit
R-2000. Subsequent to that date, Tract 4558 was incorporated into the City of Palm
Desert. The City of Palm Desert, in November, 1973, pursuant to its Ordinance No. 12
decided to eliminate ten units from the proposed 180 units left to be built on Lots 6,
7 and 8. The subdivider, due to expiration of the original permit to build 170 addition-
al units, has reapplied for new building permits, and has received to date building per-
mits for an additional 114 units. The City may rezone Lot 8 or pass a no-growth ordi-
nance.
MANAGEMENT AND OPERATION: The Deep Canyon Tennis Club Homeowners' Association which
you must join, manages and operates the common area(s) in accordance with the Restric-
tions, Articles of Incorporation and Bylaws.
MAINTENANCE AND OPERATIONAL EXPENSES: The subdivider has submitted a budget for the
maintenance and operation of the common areas. You should obtain a copy of this budget
from the subdivider. Under this budget, the monthly assessment against each subdivision
unit will be $155.00, of which a portion is for reserves for major repairs and replace-
ments.
The subdivider has agreed to subsidize a portion of the cost of maintaining the recrea-
tion facilities on Lot 4 for five years.
This obligation is bonded. As each unit on Lots 6, 7 and 8 is annexed, built and sold,
the subdivider's subsidy obligation will be reduced and the new unit owner who becomes
a member of the association will pick up the portion of the subdivider's subsidy as a
part of the monthly dues. If the subdivider paid no subsidy and no additional units
were annexed and sold, your monthly dues may have to be increased.
-4- of 7 pages FILE NO. 41335
(2nd AMENDMENT)
IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY ASSESSMENT
FIGURE WHICH VARIES 10% OR MORE FROM THE ASSESSMENT AMOUNT SHOWN IN THIS
PUBLIC REPORT, YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE EN-
TERING INTO AN AGREEMENT TO PURCHASE.
The association may increase or decrease assessments at any time in accordance with the .- .-
procedure prescribed in the CC&Rs or Bylaws. In considering the advisability of a de-
crease in assessments, care should be taken not to eliminate amounts attributable to re-
serves for replacement or major maintenance.
THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE
DATE OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCU-
RATELY AND EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST EXPENSES INCREASE
WITH THE AGE OF FACILITIES AND WITH INCREASES IN THE COST OF LIVING.
Monthly assessments will commence on all units in this phase at the time of the first
sale of a unit. From that time, the subdivider is required to pay .the association a
monthly assessment for each unit which he owns.
The remedies available to the association against owners who are delinquent in the pay-
ment of assessments are set forth in the CC&Rs. These remedies are available against
the subdivider as well as against other owners. The subidvider has posted a bond in the
amount of $27,324 as partial security for his obligation to pay these assessments. The
governing body of the association should assure itself that the subdivider has satisfied
his obligations to the association with respect to the payment of assessments before
agreeing to a release or exoneration of the security.
EASEMENTS: Easements for utilities and other purposes are shown on the title report and
subdivision map recorded in the Office of the Riverside County Recorder, Book 78, Page
42, and Parcel Map 10656 recorded in Book 47, Page 33 in the Office of the Riverside
County Recorder.
RESTRICTIONS: This subdivision is subject to restrictions recorded in the Office of
the Riverside County Recorder August 21, 1973, as_ Instrument No. 111187; December 19,
1973 as Instrument No. 163640; June 14, 1974, as Instrument No. 73914; January 29, 1975,
as Instrument No. .11026; June 17, 1977,. as Instrument No. 112352; April 3, 1978 as In-
strument No. 63079; April 3, 1978, as Instrument No. 63080, which include, amoung other
provisions, the following:
Non-payment of assessments to homeowners' association may result in a foreclosure against
the owner.
Restricted common areas are provided. Read the CC&Rs carefully to determine these.
TAXES: Under the California Constitution, .the maximum amount of property tax on real
property that can be collected annually is one percent (1%) of the full cash value of the
property.
-5- of 7 pages FILE NO. 41335
(2nd AMENDMENT)
For the purchaser of a lot or unit in this subdivision, the "full cash value" of the
lot or unit will be the valuation, as reflected on the tax roll, determined by the
county assessor as of the date of purchase of the lot or unit or as of the date of
completion of an improvement on the lot if that occurs after the date of purchase.
CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust and
a note will be used. These documents contain the following provisions: _
An acceleration clause. This means that if you sell the property, the
lender may declare the entire unpaid balance immediately due and payable.
A late charge. This means that if you are late in making your monthly
payment, you may have to pay an .additional amount as a penalty.
A prepayment penalty. This means that if you wish to pay off your loan
in whole or in part before it is due, you may be required to pay an add-
itional amount as penalty in accordance with the terms of the loan.
BEFORE SIGNING, YOU SHOULD READ AND THOROUGHLY UNDERSTAND ALL LOAN DOCUMENTS.
ASSESSMENTS: This tract lies within the Coachella Valley County Water District Storm
Unit which has the power to levy a special assessment on the assessed value applicable
to land and improvements. The tax rate for the 1977/78 fiscal year is $0.430 per $100
of assessed value.
PURCHASE MONEY HANDLING: The subdivider must impound all funds received from you in an
escrow depository until legal title is delivered to you. (Refer to Sections 11013,
11013.2(a) , Business and Professions Code.)
If the escrow has not closed on your unit within twelve (12) months of the date of your
escrow, you may request return of your deposit.
GEOLOGIC CONDITIONS: THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING
OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE
FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTHQUAKE SHAKING, RAPID ERO-
SION OR SUBSIDENCE. THIS SUBDIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE HAZARDS
MAY EXIST. SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT MAY OR MAY
NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARATION.
PURCHSERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGINEERING
GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE MENTIONED HAZARDS
HAVE BEEN CONSIDERED AND IF THERE HAS BEEN ADEQUATE COMPLIANCE WITH CHAPTER 70 OR AN
EQUIVALENT OR MORE STRINGENT GRADING ORDINANCE DURING THE CONSTRUCTION OF THIS SUBDIVI-
SION.
FILLED GROUND: This tract contains filled ground varying to a maximum depth of eight
feet. These soils are to be properly compacted for the intended use under the supervi-
sion of a state licensed engineer.
FLOOD AND DRAINAGE: The Coachella Valley County Water District advises:
This area is protected from the stormwater flows by a system of channels
-6- of 7 pages FILE NO. 41335
(2nd AMENDMENT)
and dikes built and maintained by this district. This tract may be
considered safe from stormwater flows, except in rare instances.
SEWAGE DISPOSAL: The subdivider advises that there is presently a $4.00 per month ser-
vice charge.
STREETS AND ROADS: The streets within this subdivision are private, No provision for _
their repair and maintenance has been made by the developer, and it is not contemplated
that he will do so. All repair and maintenance of these private streets will be the
responsibility and expense of the association. The cost is included in the budget.
PUBLIC TRANSPORTATION: Regularly scheduled public transportation is not available.
SCHOOLS: The Desert Sands Unified School District advises that the location and the
distance from the most distant lot in the tract to the nearest schools serving this tract
are as follows:
Washington Elementary (K-2) , 45768 Portola Avenue, 1.75 miles
Lincoln Grammar (3-5) , 74100 Rutledge, 2.9 miles
Palm Desert Middle (6-8) , 74100 Rutledge, 3.0 miles
Indio High (9-12) , 81750 Avenue 46, 10.75 miles
School bus transportation is available, without charge, to the above schools.
NOTE: This school information was provided by the school district prior to issuance of
the public report. Purchasers may contact the local district offices for any changes in
school assignments, facilities and bus service.
For further information in regard to this subdivision, you may call (213) 620-2700 or
examine the documents at the Department of Real Estate, 107 South Broadway, Room 7001,
Los Angeles, California 90012.
RG/ -7- and last FILE NO. 41335
(2nd AMENDMENT)
31
DEPARTMENT OF REAL ESTATE
OF THE RECEIVED
STATE F CALIFORNIA
TELEPHONE NO. (213) 620-2700 NOV 2 9 1977
ENVIR0NmLp4fAL SERVICES
CITY OF PALM DESERT
In the matter of the application of .F, F
FINAL SUBDIVISION
_ PUBLIC REPORT
.DEEP CANYON PARTNERS
a limited partnership 6-j c
�' 1 7 7 FILE NO. 40486
COU `f G� 9o1ER: ' JULY 7, 1 977
f;U1L[D19G i�_..',=.?x► �i.�
AMENDED: OCTOBER 27, 1977
for a Final Subdivision Public Report on EXPIRES: JULY 6, 1982
TRACT 'o. 4558 BASE 1V
"DEEP NNIS CLUB"
RIVERSIDE COUNTY, CALIFORNIA
This Report Is Not a Recommendation or Endorsement of the Subdivision
But Is Informative Only.
Buyer or Lessee Must Sign That He Has Received and Read This Report.
This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an
Amended Public Report Must Be Obtained and Used in Lieu of This Report.
Section 35700 of the California Health and Safety Code provides that the practice of discrimination
because of race, color, religion, sex, marital status, national origin or ancestry in housing accommodations is
against public policy.
Under Section 125.6 of the California Business and Professions Code, California real estate licensees are
subject to disciplinary action by the Real Estate Commissioner if they make any discrimination, distinction
or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion, ancestry
or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is
guilty of such conduct, he or she should contact the Department of Real Estate.
Information Regarding Schools can be found on Page five and six of this Report.
READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this
SUBDIVISION.
R/E Form 618
10/76
' SPECIAL NOTES
THIS REPORT COVERS ONLY THE 20 UNITS ON PARCEL 2 OF PARCEL MAP 10656.
THIS PROJECT IS A COMMON INTEREST SUBDIVISION OF THE TYPE REFERRED TO AS A CONDOMINIUM.
IT WILL BE OPERATED BY AN INCORPORATED OWNERS' ASSOCIATION. THE ASSOCIATION HAS THE
RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER
PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS NORMALLY LIMITED TO THE RIGHT
OF YOUR ELECTED REPRESENTATIVES TO VOTE ON CERTAIN PROVISIONS AT MEETINGS.
THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF IN-
CORPORATION, RESTRICTIONS AND BYLAWS, BY FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW,
THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CON-
TML YOUR RIGHTS, PRIVILEGES, USE, OBLIGATIONS, AND COSTS OF MAINTENANCE AND OPERATION.
YOU SHOULD READ AND UNDERSTAND THESE DOC YEWS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE
A UNIT.
THE SUBDIVIDER OF THIS PROJECT HAS INDICATED THAT HE INTENDS TO SELL ALL OF THE UNITS
IN THIS PROJECT. HOWEVER, ANY OWNER, INCLUDING THE DEVELOPER, HAS A LEGAL RIGHT TO LEASE
THE UNITS. PROSPECTIVE PURCHASERS SHOULD CONSIDER THE POSSIBLE EFFECTS ON THE DEVELOP-
MENT IF A SUBSTANTIAL PORTICV OF THE UNITS BECOME RENTAL PROPERTIES.
IF YOU PURCHASE TWO OR MORE UNITS, THE SELLER IS REQUIRED TO NOTIFY THE REAL ESTATE
COMMISSIONER OF THE SALE. IF YOU INTEND TO SELL A UNIT OR LEASE A UNIT FOR MORE THAN
A YEAR, YOU ARE REQUIRED TO OBTAIN AN AMENDED SUBDIVISION PUBLIC REPORT BEFORE YOU CAN
OFFER THE UNITS FOR SALE OR LEASE.
THE SUBDIVIDER STATED HE WILL NOT FURNISH THE CURRENT BOARD OF OFFICERS OF THE HOME
OWNER ASSOCIATION THE BUILDING PLANS, TO INCLUDE DIAGRAMS OF LOCATION OF MAJOR COM-
PONENTS, UTILITIES AND RELATED DATA. THESE ITEMS WILL BE IMPORTANT TO THE BOARD OF
OFFICERS OR THOSE WHO WILL MANAGE OR REPAIR COMMON FACILITIES IN THIS SUBDIVISION.
SINCE THE SUBDIVIDER STATES HE WILL NOT FURNISH THE SAID PLANS AND DIAGRAMS, THE BOARD
OF OFFICERS OF THE HOME9,gNER ASSOCIATION SHOULD TRY TO OBTAIN THEM FROM THE CONTRP_CTORS
WHO WORKED ON THE PROJECT OR FROM THE CITY BUILDING DEPARTMENT.
WARNING: WHEN YOU SELL YOUR CONDOMINIUM UNIT TO SOMEONE ELSE, YOU-MUST GIVE THAT PERSON
A COPY OF THE DECLARATION OF RESTRICTIONS, THE ARTICLES OF INCORPORATION AND
THE BYLAWS. IF YOU FORGET TO DO THIS, IT MAY COST YOU A PENALTY OF $500.00,
PLUS ATTORNEY'S FEES, PLUS DAMAGES. (SEE CIVIL CODE SECTION 1360.)
INTERESTS TO BE CONVEYED: You will receive fee title to a specified unit, together
with an undivided fractional fee interest as a tenant in common in a portion of the
common area, together with a membership in DEEP CANYON TENNIS CLUB HOMEOWNERS' ASSOC-
IATION and rights to use the �n ea and the e�reational facilities located on
Lot 4 of Tract No. 4558.
LOCATION AND SIZE: n the City of Palm Desert.
The subdivider advise what individuaLeser s will not close until all improvements and
facilities are completed on the southern portion of Lot 6.
-2- of 6 pages FILE NO. 40486
(Amended)
The total project is proposed to contain a total of seven phases and 350 units, if com-
pleted. This is the fourth phase, which consists of approximately 2.9 acres on which
five buildings containing 20 units and 30 covered and eight uncovered parking spaces will.
be constructed, together with common facilities consisting of one swimming pool and one
cabana.
Phases 1 and 2 (Lots 2 and 3, respectively) are completed and contain a total of 108 units
and common facilities consisting of four swimming pools, and four paddle tennis courts.
The homeowners' association awns Lot 4 of Tract 4558, which contains additional common
facilities consisting of one recreation building, one tennis pro shop, six tennis courts,
two swinmi.ng pools, and one putting green.
Phase 3 contains 56 units which have been constructed and 16 units which will be con-
structed. A total of two swimming pools have already been built and one more swimming
pool is planned to be built in Phase 3.
Additional common facilities of two swimming pools and two cabanas are proposed for
phase 7.
There is no assurance that the total project will be completed as proposed,
Originally, it was contemplated that an additional 180 condominium units would be built
on Lots 6, 7 and 8 of Tract No. 4558, which would annex into the Deep Canyon Tennis Club
Homeowners' Association. The County of Riverside, on December 7, 1971, zoned the eight
lots comprising Tract No. 4558 for 360 condomium units by Conditional Use Permit R-2000,
Subsequent to that date, Tract 4558 was incorporated into the .City of Palm Desert, :The
City of Palm Desert, in November, 1973, pursuant to its Ordinance No, 12, decided. to
eliminate ten units from the proposed 180 units left to be built on Lots 6, 7 and 8.
Today, the subdivider, due to expiration of the original permit to build 170 additional
units, must re-apply for a new building permit. Although the subdivider believes that
it has a vested right to the development of 180 units on Lots 6, 7 and 8, however, no
assurance can be given that the City of Palm Desert will allow 180 units,, 170 units, or
any more units today. The City may rezone the Lots 6, 7 and 8 or pass a no-growth
ordinance.
MANAGEMENT AND OPERATION: The Deep Canyon Tennis Club Homeowners' Association, which you
must join, manages and operates the common areas) in accordance with the Restrictions,
Articles of Incorporation and the Bylaws.
MAINTENANCE AND OPERATIONAL, EXPENSES: The subdivider has submitted a budget for the
maintenance and operation of the common areas. You should obtain a copy of this budget
from the subdivider. Under this budget, the monthly assessment against each subdivision
unit will be $126.50, of which amount $17.87 is for reserves for major repairs and
replacements.
The subdivider has agreed to subsidize 150/350 hundredths of the cost of maintaining
the recreation facilities on Lot 4 and other common area facilities for five years,.
-3- of 6 pages FILE NO, 40486
(Amended)
This obligation is bonded. As each unit on Lots 6, 7, and 8 is annexed, built and
sold, the subdivider's subsidy obligation will be reduced by 1/350th-and the new unit
owner who becomes a member of the association will pick up this portion of the sub-
divider's subsidy as a part of the monthly dues of $126,50. If the subdivider paid
no subsidy and no additional units were annexed and sold, your monthly dues would be.
$16o. 05.
IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY
ASSESSMENT FIGURE WHICH VARIES 10% OR MORE FROM THE ASSESSMENT
AMOUNT SHOWN IN THIS PUBLIC REPORT, YOU SHOULD CONTACT THE
IMPARTMENT OF REAL ESTATE BEFORE ENTERING INTO AN AGREEMENT TO
PURCHASE.
The association may increase or decrease assessments at any time in accordance with
the procedure prescribed in the CC&Rs or Bylaws. In considering the advisability of a
decrease in assessments, care should be taken not to eliminate amounts attributable to
reserves for replacement or major maintenance.
THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF
THE DATE OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PRE-
DICT ACCURATELY AND EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST
EXPENSES INCREASE WITH THE AGE OF FACILITIES AND WITH INCREASES IN
THE COST OF LIVING.
Monthly assessments will commence on all units in this phase at the time of the first
sale of a unit. From that tine, .the subdivider is required to pay the association`a
monthly assessment for each unit which he owns.
The remedies available to the association against owners who are delinquent in the
payment of assessments are set forth in the CC&Rs. These remedies are available against
the subdivider as well as against other owners.
EASEMENTS: Easements for utilities and other purposes are shown on the title report and
subdivision map recorded in the Office of the Riverside County Recorder, Book 78, Page
42, and Parcel Map 10656 recorded in Book 37, Page 9, in the Office of the Riverside
County Recorder.
RESTRICTIONS: This subdivision is subject to restrictions recorded in the Office of the
Riverside County Recorded, August 21, 1973, as Instrument No. 111187; December 19, 1973,
as Instrument No. 163640; June 14, 1974, as Instrw ent No, 73914; January 29, 1975, as
Instrument No. 11026; June 17, 1977, as Instrument No. 112352, which include, among
other provisions, the following:
Non-payment of assessments to homeowners' association may result in a foreclosure against
the owner.
Restricted ccmmn areas are provided. Read the CC&Rs carefully to determine these,
TAX ESTIMATES: If the subdivider is unable to give you the current tax information,
you may approximate your taxes as follows:
TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL
TAX RATE. THE TAX RATE FOR THE 1976/77 FISCAL YEAR IS $12.237. THE TAX
RATE AND ASSESSED VALUATION"MAY CHANGE IN SUBSEQUENT YEARS. FOR EXAMPLE,
ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE
TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE.
-4- of 6 pages FILE NO. 40486
(Amended)
CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust and
note will be used. These documents contain the following provisions:
An acceleration clause. This means that if you sell the property, the lender
may declare the entire unpaid balance immediately due and payable.
A late charge. This means that is you are late in making your monthly pay-
ment, you may have to pay an additional amount as a penalty.
A prepayment penalty. This means that is you wish to pay off your loan in
whole or in part before it is due, you may be required to pay an additional
amount as a penalty in accordance with the terms of the loan.
BEFORE SIGNING, YOU SHOULD READ AND THOROUGHLY UNDERSTAND ALL LOAN DOCUMENTS.
ASSESSMENTS: This tract lies within the Coachella Valley County Water District Storm
Water Unit which has the power to levy a special assessment on the assessed value
applicable to land and improvements. The tax rate for the 1976/77 fiscal year is $0.430
per $100 of assessed value.
PURCHASE YUNEY HANDLING: The subdivider must impound all funds received from you in an
escrow depository until legal title is delivered to you. (Refer to Sections 11013,
11013,2(a) , Business and Professions Code.)
The subdivider advises that individual escrows will not close until 80% of the units
have been sold. If the escrow has not closed on your unit within twelve (12) months
of the date of your escrow, you may request return of your deposit.
GEOLOGIC CONDITIONS: THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING
OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE
FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTHQUAKE SHAKING, RAPID
EROSION OR SUBSIDENCE. THIS SUBDIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE
HAZARDS MAY EXIST. SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT
MAY OR MAY NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARATION.
PURCHASERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGINEERING
GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE-MENTIONED HAZARDS
HAVE BEEN CONSIDERED AND IF THERE HAS BEEN ADEQUATE COMPLIANCE WITH CHAPTER 70 OR AN
EQUIVALENT OR MORE STRINGENT GRADING ORDINANCE DURING THE CONSTRUCTION OF THIS SUBDI-
VISION.
FILLED GROUND: This tract contains filled ground varying to a maximum depth of eight
feet. These soils are to be properly compacted for the intended use under the super-
vision of a state licensed engineer.
FLOOD AND DRAINAGE: The Coachella Valley County Water District advises:
This area is protected from stormwater flows by a system of channels and
dikes built and maintained by this district. This tract may be considered
safe from stormwater flows, except in rare instances.
SEWAGE DISPOSAL: The subdivider advises that there is presently a $4.00 per month sewer
service charge.
STREETS AND ROADS: The streets within this subdivision are private. No provision for
their repair and maintenance has been made by the developer, and it is not contemplated
that he will do so. All repair and maintenance of these private streets will be the
responsibility and expense of the association. The cost is included in the budget.
-5- of 6 pages FILE NO. 40486
PUBLIC 'T'RANSPORATION: Regularly scheduled public. transporation is not available,
J
SCHOOLS: The Desert Sands Unified School District advises that the location and dis-
tance from the most distant lot in :the tract to the nearest schools serving this tract
are as follows:
Washington Elementary (K-2) , 45768 Portola Avenue, 2-1/4 miles
Lincoln Grammar (3-5) , 74100 Rutledge, 3 miles;
Palm Desert Middle (6-8) , 74100 Rutledge, 3 miles;
Indio High (9-12) , 81750 Avenue 46, 10 miles.
School bus transportation is available, without charge, to the above schools.
NOTE: This school information was provided by the school district prior to issuance
of the public report. Purchasers may contact the local school district offices for
any changes in school assignments, facilities and bus service.
For further information in regard to this subdivision, you may call (213) 620-2700,
or examine the documents at the Department of Real Estate, 107 South Broadway, Roan 8136,
Los Angeles, California 90012.
-6- of last FILE NO. 40486
(Amended)
DEPARTMENT OF REAL ESTATE �.
OF THE
STATE OF CALIFORNIA
TELEPHONE NO. (213) 620-=2700 No\] 2 91977
ENC Ty `OF PALM DESERT,S
In the matter of the application of FINAL SUBDIVISION
PUBLIC REPORT
KAISER AETNA U V 3 797 FILE NO, 40486
a general partnership co 1r� t
BU1'fUt►V Or RlVERS��SUED: JULY 7, 1977
for a FinalV—NNIS
n Public Report on
C UE',4R7'MEN7
TRACT N0HASE IV
"DEEP CAN CLUB"
RIVERSIDE COUNTY, CALIFORNIA EXPIRES: JULY 61 1982
This Report Is Not a Recommendation or Endorsement of the Subdivision
But Is InformatiWe Only.
Buyer or Lessee Must Sign That He Has Received and Read This Report.
This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an
Amended Public Report Must Be Obtained and Used in Lieu of This Report.
Section 35700 of the California Health and Safety Code provides that the practice of discrimination
because of race, color, religion, sex, marital status, national origin or ancestry in housing accommodations is .
against public policy.
Under Section 125.6 of the California Business and Professions Code, California real estate licensees are
subject to disciplinary action.by the Real Estate Commissioner if they make any discrimination, distinction
or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion, ancestry
or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is
guilty of such conduct, he or she should contact the Department of Deal Estate.
Information Regarding Schools can be found on Pages five and six of this Report.
READ THE ENTIRE, REPORT on the following pages before contracting to purchase a lot in this
SUBDIVISION.
R/E Form 618
10/76
` SPECIAL NOTES
THIS REPORT COVERS ONLY THE 20 UNITS ON THE SOUTHERN PORTION OF LOT 6 OF
TRACT 4558.
THIS PROJECT IS A COMMON INTEREST SUBDIVISION OF THE TYPE REFERRED TO AS A
CONDOMINIIUM. IT WILL BE OPERATED BY AN INCORPORATED OWNERS' ASSOCIATION.
THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTE-
NANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS
AND EXPENSES IS NORMALLY LIMITED TO THE RIGHT OF YOUR ELECTED REPRESENT-
ATIVES TO VOTE ON CERTAIN PROVISIONS AT MEETINGS.
THE SUBDIVIDER HAS STATrT) THAT HE WILL PROVIDE YOU WITH A COPY OF THE
ARTICLES OF IiNCORPORATION, RESTRICTIONS AND BYLAWS, BY FURNISHING YOU
COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUt-EROUS MATERIAL
PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES,
USE, OBLIGATIOi•IS, AND COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD READ
AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A
UNIT.
THE SUBDIVIDER HAS AN INTEREST IF THE ESCROW COMPANY WHICH IS TO BE USED IN
CONNECTION WITH THE SALE OR LEASE OF UNITS IN THIS SUBDIVISION. THE EXACT
NATURE OF THE SUBDIVIDER°S INTEREST IS SET FORTH IN THE ESCR04 IINSTRUCTIONS
WHICH ARE TO BE USED
THE SUBDIVIDER 0-7 THIS PROJECT HAS INDICATED THAT HE INTENDS TO SELL ALL OF
THE UNITS Ild THIS PROJECT. H01,1EVER, .ANY OWNER, INCLUDING THE DEVELOPER,
HAS A LEGAL RIGHT TO LEASE THE UNITS. PROSPECTIVE PURCHASERS SHOULD CONSI-
DER THE POSSIBLE EFFECTS ON THE DEVELOPMENT IF A SUBSTANTIAL PORTION OF THE
UNITS BECOME RENTAL PROPERTIES.
IF YOU PURCHASE TWO OR MORE UNITS, THE SELLER IS REQUIRED TO NOTIFY THE
REAL ESTATE COMMISSIONER OF THE SALE. IF YOU INTEND TO SELL A UNIT OR
LEASE A UNIT FOR MORE THAN ONE YEAR, YOU ARE REQUIRED TO OBTAIN AN AMENDED
SUBDIVISION PUBLIC REPORT BEFORE YOU CAN OFFER THE UNITS FOR SALE OR LEASE.
THE SUBDIVIDER STATED HE WILL NOT FURNISH THE CURRENT BOARD OF OFFICERS OF
THE HO'•;EO'v.INER ASSOCIATION THE BUILDING PLANS, TO INCLUDE DIAGRkMS OF LOCA-
TION OF MAJOR COMPONENTS, UTILITIES AND RELATED DATA. THESE ITEMS WILL BE
IMPORTANT TO THE BOARD OF OFFICERS OR THOSE UHO WILL MANAGE OR REPAIR
COMMON FACILITIES IN THIS SUBDIVISION.
SINCE THE SUBDIVIDER STATES HE WILL NOT FURNISH THE SAID PLANS AND DIAGRAMS, .
THE BOARD OF OFFICERS OF THE H01MEOWNER ASSOCIATION SHOULD TRY TO OBTAIN
THEM FROM THE CONTRACTORS WHO WORKED ON THE PROJECT OR FROM THE CITY BUILD-
ING DEPARTMENT.
INTERESTS TO BE CONVEYED: You will receive fee title to a specified unit, together
with an undivided fractional fee interest as a tenant in common in a portion of the
common area, together with a membership in Deep Canyon Tennis. Club Owners, Association
and rights to use the common area-and the recreational facilities located on Lot 4 of
Tract No. 4558.
-2- of 6 pages FILE NO. 40486
LOCATION AND SIZE,j -n the City of Palm Desert.
The subdivider advises tha 'ir�di-v-idual crowns will not close until all improvements
and facilities are completed on the southern portion of Lot 6.
The total project is proposed to contain a total of seven phases and 350 units, if
completed. This is the fourth phase, which consists of approximately 2.9 acres on
which five buildings containing 20 units and 30 covered and eight uncovered parking
spaces will be constructed, together with common facilities consisting of one swimming
pool and one cabana.
Phases 1 and 2 (Lots 2 and 3, respectively) are completed and contain a total of 108
units and common facilities consisting of four swimming pools, and four paddle tennis
. courts. The homeowners' association owns Lot 4 of Tract No. 4558, which contains ad-
ditional common facilities consisting of one recreation building, one tennis pro shop,
six tennis courts, two swimming pools, and one putting green.
Phase 3 contains 56 units which have been constructed and 16 units which will be con-
structed. A total of two swimming pools have already been built and one more swimming
pool is planned to be built in Phase 3.
Additional common facilities of two swimming pools and two cabanas are proposed for
phase 7.
There is no assurance that the total project will be completed as proposed.
Originally, it was contemplated that an additional 180 condominium units would be built
on Lots 6, 7 and 8 of Tract No; 4558, which would annex into the Deep Canyon Tennis
.Club Homeowners' Association. The County of Riverside, on December 7, 1971 , zoned the
eight lots eompr>sing Tract No. 4558 for 360 condominium units by Conditional Use Permit
R-2000. Subsequent to that date, Tract 4558 was incorporated into the City of Pale
Desert. The City of Palm Desert, in November, 1973, pursuant to its Ordinance No. 12,
decided to eliminate ten units from the proposed 180 units left to be built on Lots
6, 7 and 8. Today, the subdivider, due to expiration of the original. permit to build
170 additional units, must re-apply for a new building permit. Although the subdivider
believes that it has a vested right to the development of 180 units on Lots 6, 7 and 8,
however, no assurance can be given that the City of Palm Desert will allow 180 units,
170 units, or any more units today. The City may rezone t'he Lots 6, 7 and 8 or pass
a no-growth ordinance.
MANAGEMENT AND OPERATION: The Deep Canyon Tennis Club Owners' Association, which you
must join, manages and operates the common area(s) in accordance with the Restrictions,
Articles of Incorporation and the Bylaws.
MAINTENANCE AND OPERATIONAL EXPENSES: The subdivider has submitted a budget for the
maintenance and operation of the common areas, You should obtain a copy of this .
budget from the subdivider. Under this budget, 'the monthly assessment against each
subdivision unit will �e $126.50, of which amount $17.87 is for .reserves for major
repairs and replacemen s.
The subdivider has agreed to subsidize 150/350 hundredths of the cost of maintaining
the recreation facilities on Lot 4 and other common area facilities for five years.
-3- of 6 pages FILE NO. 40486
This obligation is bonded. As each unit on Lots 6, 7 and 8 is annexed, built and sold,
the subdivider's subsidy obligation will be reduced by 1/350th and the new unit owner
who becomes a member of the association will pick up this portion of the subdivider's
subsidy as a part of the monthly dues of $126.50. If the subdivider paid no subsidy
and no additional units were annexed and sold, your monthly dues would be $153. 14.
IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONT?2.Y ASSESSMENT
FIGURE WHICH VARIES 10, OR ,�-,tORE FROM THE ASSESSMENT AMOUNT SHOVN, Ind THIS
PUBLIC REPORT, YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE EN-
TERING INTO Aid AGREaIENT TO PURCHASE.
The association may increase or decrease assessments at any time in accordance with
the procedure prescribed in the CC&Rs or Bylaws. In considering the advisability of a
decrease in assessments, care should be taken not to eliminate amounts attributable to
reserves for replacement or major maintenance.
THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE
OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND
EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE
OF FACILITIES AND WITH INCREASES IN THE COST OF LIVING.
Monthly assessments will commence on all units in this phase at the time of the first
sale of a unit. From that time, the subdivider is required to pay the association a
monthly assessment for each unit which he owns.
The remedies available to the association against owners who are delinquent in the
payment of assessments are set forth in the CC&Rs. These remedies are available
against the subdivider as well as against other owners,
EASEMENTS: Easements for utilities and other purposes are shown on the title report
and subdivision map recorded in the Office of the Riverside County Recorder, Book 78,
Page 42 and the recorded Parcel 1,19ap.
RESTRICTIONS: This subdivision is subject to .restrictions recorded in the Office of.
the Riverside County Recorder, August 21 , 1973, as Instrument No. 111137; December
19, 1973, as Instrument No. 163640; June 14, 1974, as Instrument No. 73914; January 29,
1975, as Instrument No. 11026; June 17,1977, as Instrument No. 112352, which include,
among other provisions, the following:
Non-payment of assessments to owners'. assoeiation may result in. a foreclosure against
the oianer.
Restricted common areas.,are provided. Read the CC&Rs carefully to determine these.
TAX ESTIMATES: If the subdivider is unable to give you the current tax information,
you may approximate your taxes as follows:
TAKE 251 OIL' THE SALES PRICE, DIVIDE BY 100, AND THEI .MULTIPLY BY THE
TOTAL TAX RATE. THE TAX RATE FOR THE 1976/77 FISCAL YEAR IS $12.237..
THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS.
FOR EXAMPLE, ANY BONDED DEBT OR SPECIAL DISTRICT ASSESS",ET,-a APPROVED
AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE, THE FUTURE RATE.
-4- of 6 pages FILE No. 40486
' M
ASSESSMENTS: This tract lies within the Coachella Valley County Water District Storrs
Water Unit which has the power to levy a special assessment on the assessed value
applicable to land and improvements. The tax rate for the 1976/77 fiscal year is $0.430
per WO of assessed value.
PURCHASE MONEY HANDLING: The subdivider must impound all funds received from you in .
an escrow depository until legal title is delivered to you. (Refer to Sections 11013,
11013.2(a) , Business and Professions Code.)
The subdivider advises that individual escrows will not close until 800 of the units
have been sold. If the escrow has not closed on your unit within twelve (12) months
of the date of your escrow, you may request return of your deposit.
GEOLOGIC CONDITIONS: THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING
OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE
DAMAGE FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTHQUAKE SHAKING,
RAPID EROSION OR SUBSIDENCE. THIS SUBDIVISION IS LOCATED IN AN AREA lifli ERE SOME OF
THESE HAZARDS MAY EXIST. SO1.1E CALIFORNIA CtOUNTIES kND CITIES HAVE ADOPTED ORDINANCES,
THAT MAY OR MAY NOT BE AS EFFECTIVE III THE CONTROL OF GRADING AND SITE PREPARATION.
PURCHASERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE -ENGINEERING
GEOLOGIST, 4ND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE-ME?,ITIONED HAZARDS
HAVE BEEN CONSIDERED AND IF THERE HAS >?EF[,] ADEQUATE COIMPLIA1ICE 14ITH CHAPTER 70 OR AN
Ef1UIVALENT OR MORE STRINGENT GRADING ORDINANCE DURING THE CONSTRUCTION OF THIS SUBDI-
VISION.
FILLED GROUND: This tract contains filled ground varying to a maximum depth of eight
feet. These soils are to be properly compacted for the intended use under the super-
vision of a state licensed engineer.
FLOOD AND DRAINAGE: The Coachella Valley County Uater District advises:
This area is protected from stormwater flows by a system of channels and
dikes built and maintained by this district.. This tract may be considered
safe from stormwater flows, except in rare instances
SEWAGE DISPOSAL: The subdivider advises that there is presently a $4.00 per month
sewer service charge.
STREETS AND ROADS: The streets within this subdivision are private. No provision for
their repair and maintenance has been made by the developer, and it is not contemplated
that he will do so. All repair and maintenance of these private streets will be the
responsibility and expense of the association. The cost is included in the budget.
PUBLIC TRAi\iSPORTATION: Regularly scheduled public transportation service is not avail-
able.
SCHOOLS: The Desert Sands Unified School District advises that the location and dis-
tance from the most distant lot in the tract to the nearest schools serving this tract
are as follows:
Washington Elementary (K-2) , 45768 Portola Avenue, 2-1/4 miles;
Lincoln Grammar (3-5) , 741:00 Rutledge, 3 miles;
-5- of 6 pages FILE No. 40486
Palm Desert Middle (6-8), 74100 Rutledge, 3 miles;
Indio High (9-12) , 81750 Avenue 46, 10 miles;
School bus tranpsortation is available, without charge, to the above schools.
NOTE: This school information was provided by the school district prior to issuance of
the public report. Purchasers may contact the local school district offices for any
changes in school assignments, facilities and bus service.
For further information in regard to this subdivision, ,you may call (213) 620-2700, or
examine the documents at the Department of Real. Estate, 107 South 3roadrFay, Room 8136,
Los Angeles, California 90012.
ROfklm -6- and .last FILE NO, 40486
I DEPARTMENT OF REAL ESTATE
OF THE
STATE OF CALIFORNIA
TELEPHONE NO. 213-620-2700
NOV 2 9 1977
ENVIRONMiLWAL SERVICES
CITY OF PALM DESERT
I.n the matter of the application of FINAL SUBDIVISION
[ PUBLIC PUBLIC REPORT
DEEP CANYON PARTNERS, 1...�
a limited partnership FILE NO. 35467
[ 9V 2 3 1977
ISSUED: JULY 9, 1974
COUNTY OF RI'JERSIDE
for a Final Subdivision Public Report on BUI!DING D`�,PwRfMENT
2ND AMENDMENT: OCTOBER 27, 1977
TRACT N0. 4558, HASE III
"DEEP CAN NIS CLUB" EXPIRES: JULY 8, 1979
RIVERSIDE COUNTY, CALIFORNIA
This Report Is Not a Recommendation or Endorsement of the Subdivision
But Is Informative Only.
Buyer or Lessee Must Sign That He Has Received and Read This Report.
This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an
Amended Public Report Must Be Obtained and Used in Lieu of This Report.
Section 35700 of the California Health and Safety Code provides that the practice of discrimination
because of race, color, religion, sex, marital status, national origin or ancestry in housing accommodations is
against public policy.
Under Section 125.6 of the California Business and Professions Code, California real estate licensees are
subject to disciplinary action by the Real Estate Commissioner if they make any discrimination, distinction
or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion, ancestry
or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is
guilty of such conduct, he or she should contact the Department of Real Estate.
Information Regarding Schools can be found on Page s F i ve and s i x of th i s report.
READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this
SUBDIVISION.
-1-
R/E Form 618
10/76
SPECIAL NOTES
THIS AMENEED REPORT COVERS ONLY UNITS 1 TO 15, 44, 49 TO 521 16, 65, 68
LOCATED ON LOTS 1 AND 5 OF TRACT NO: 4558.
THIS PROJECT IS A COMMON INTEREST SUBDIVISION OF THE TYPE REFERIED TO AS A CONDOMINIUM,
IT WILL BE OPERATED BY AN INCORPORATED OWNERS' ASSOCIATION. THE ASSOCIATION HAS THE
RIGHT TO LEVY ASSESSMENT AGAINST YOU FOR MAINTENANCE OF THE 00111ION AREAS AND OTHER
PURPOSES. YOUR CONTROL; OF OPERATICNS AND EXPENSES IS NORMALLY LIMITED TO THE RIGHT OF
YOUR ELECTED REPRESENTATIVES TO VOTE ON CERTAIN PROVISIONS AT MEETINGS
THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF IN-
CORPORATION, RESTRICTIONS AND BYLAWS, PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CON-
TAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS,
PRIVILEGES, USE, OBLIGATIONS, AND COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD READ
AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A UNIT.
THE SUBDIVIDER OF THIS PROJECT HAS INDICATED THAT HE INTENDS TO SELL ALL OF THE UNITS IN
THIS PROJECT. HOWEVER, ANY OWNER, INCLUDING THE DEVELOPER, HAS A LEGAL RIGHT TO LEASE
THE UNITS. PROSPECTIVE PURCHASERS SHOULD CONSIDER THE POSSIBLE EFFECTS ON THE DEVELOP-
MENT IF A SUBSTANTIAL PORTION OF THE UNITS BECOME RENTAL PROPERTIES.
IF YOU PURCHASE TWO OR MORE UNITS, THE SELLER IS REQUIRED TO NOTIFY THE REAL ESTATE
CONVUSSIONER OF THE SALE. IF YOU INTEND TO SELL A UNIT OR LEASE A UNIT FOR MORE THAN
A YEAR, YOU ARE REQUIRED TO OBTAIN AN AMENDED SUBDIVISION PUBLIC REPORT BEFORE YOU.CAN
OFFER THE UNITS FOR SALE OR LEASE.
THE SUBDIVIDER STATED HE WILL NOT FURNISH THE CURRENT BOARD OF OFFICERS OF THE HOMEOWNERS'
ASSOCIATION THE BUILDING PLANS, TO INCLUDE DIAGRAMS OF LOCATION OF MAJOR COMPONENTS,
UTILITIES AND RELATED DATA. THESE ITEMS WILL BE IMPORTANT TO THE BOARD OF OFFICERS OR
THOSE WHO WILL MANAGE OR REPAIR COMMON FACILITIES IN THIS SUBDIVISION.
SINCE THE SUBDIVIDER STATES HE WILL NOT FURNISH THE SAID PLANS AND DIAGRAMS, THE BOARD
OF OFFICERS OF THE HOMEOWNER ASSOCIATION SHOULD TRY TO OBTAIN THEM FROM THE CONTRACTORS
WHO WORKED ON THE PROTECT OR FROM THE CITY BUILDING DEPARTMENT.
WARNING: WHEN YOU SELL YOUR CONDOMINIUM UNIT TO SOMEONE ELSE, YOU 'MUST GIVE THAT
PERSON A COPY OF THE DECLARATION OF RESTRICTIONS, THE ARTICLES OF INCORP-
ORATION AND THE BYLAWS. IF YOU FORGET TO DO THIS, IT MAY COST YOU A
PENALTY OF $500.00, PLUS ATTORNEY'S FEES, PLUS DAMAMS. (SEE CIVIL
CODE SECTION 1360.)
INTERESTS TO BE CONVEYED: You will receive fee title to a specified unit, together .
with an. undivided fractional fee interest as a tenant in common in a portion of the
commn area, together with a memberships Deep Canyon Tennis Club Homeowners' Associ-
ation and rights to use the com. n_ar-£and-the creational facilities located on
Lot 4 of Tract No. 4558.
LOCATION AND SIZE: the City of Palm Desert
-2- of 6 pages FILE NO. 35467
(Second Amendrmnt)
The total project is proposed to contain a total of seven phases and 350 units, if
completed. This is the third phase, which consists of approximately 10.1 acres on
which 18 buildings containing 72 units and 108 carports and 28 open parking spaces
will be constructed.
Phases 1 and 2 (Lots 2 and 3, respectively) are completed and contain a total of 108
units and common facilities consisting of four swimming pools, four paddle tennis courts
and four cabanas. The hcaneowners association awns Lot 4 of Tract 4558, which contains
additional common facilities consisting of one recreation building, one tennis pro
shop, ten tennis courts, one swimming pool and gym with two saunas.
Phase 3 contains 56 units, two pools and two cabanas, which have been constructed
and 16 units which will be constructed.
The subdivider has posted a bond in the amount of $432,924.21, to assure completion- of
improvements described in the "Planned Construction Statement," attached to the bond
pertaining to this phase. The estimated completion date for these improvements is
January, 1979.
Additional common facilities are proposed.
There is no assurance that the total project will be completed as proposed.
Originally, it was contemplated that an additional 180 condominium units would be built
on Lots 6, 7 and 8 of Tract No. 4558, which would annex into the Deep Canyon Tennis
Club Homeowners' Association. The County of Riverside, on December 7, 1971, zoned the
eight lots comprising Tract No. 4558 for 360 condominium units by Conditional Use Permit
R-2000. Subsequent to that date, Tract 4558 was incorporated into the City of Palm
Desert. The City of Palm. Desert, in November, 1973, pursuant to its Ordinance No. 12,
decided to eliminate ten units from the proposed 180 units left to be built on Lots
6, 7 and 8. Today, the subdivider, due to expiration of the original permit to build
170 additional units, must re-apply for a new building permit. Although the subdivider
believes that it has a vested right to the development of 180 units on Lots 6, 7 and 8,
however, no assurance can be given that the City of Palm Desert will allow 180 units,
170 units, or any more units today. The City may rezone the Lots 6, 7 and 8 or pass a
no-growth ordinance.
MANAGE� AND OPERATION: The Deep Canyon Tennis Club Homeowners' Association, which
you must join, manages and operates the common area(s) in accordance with the Restrict-
ions, Articles of Incorporation and the Bylaws.
MAINTENANCE AND OPERATIONAL EXPENSES: The subdivider has submitted a budget for the
maintenance and operation of the. coomon areas. You should obtain a copy of this budget
from the subdivider. Under this budget, the monthly assessment against each sub-
division unit will be $126.50, of which amount $17.87 is for reserves for major repairs
and replacements.
The subdivider has agreed to subsidize 150/350 hundredths of the cost of maintaining
the recreation facilities on Lot 4 and other common area facilities for five years.
This obligation is bonded. As each unit on Lots 6, 7 and 8 is annexed, built and sold,
the subdivider's subsidy obligation will be reduced by 1/350th and the new unit owner
-3- of 6 pages F= NO. 35467
(Second Amendment)
whd becomes a nember of the association will pick up this portion of the subdivider
subsidy as a part of the monthly dues of $126.50. If the subdivider paid no subsidy
and no additional units were annexed and sold, your monthly dues would be $160.05.
IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY'ASSESS-
MENT FIGURE WHICH VARIES 10% OR MORE FROM THE ASSESSMENT AMOUNT SHOWN IN
THIS PUBLIC REPORT, YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE
ENTERING INTO AN AGREEMENT TO PURCHASE.
The association may increase or decrease assessments at any time in accordance with the
procedure prescribed in the CC&Rs or Bylaws. In considering the advisability of a
decrease in assessments, care should be taken not to eliminate amounts attributable to
reserves for replacement or major maintenance.
THIS INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE
OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND
EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE
OF FACILITIES AND WITH INCREASES IN THE COST OF LIVING.
Monthly assessments will commence on all units in this phase at the time of the first
sale of a unit. From that time, the subdivider is required to pay the association a
monthly assessment for each unit which he owns.
The remedies available to the association against owners who are delinquent in the
payment of assessments are set forth in the CC&Rs. These remedies are available against
the subdivider as well as against other owners.
EASEMENTS: Easements for utilities, rights of way and other purposes are shown on the
title report and subdivision map recorded in the Office of the Riverside County Recorder,
Book 78, Page 42, and Parcel Map 10656 recorded in Book 37, Page 9, in the Office of-the
Riverside County Recorder.
RESTRICTIONS: This subdivision is subject to restrictions recorded in the Office of
the Riverside County Recorder, August 21, 1973, as Instrument No, 111187, December 19,
1973, as Instrument No. 163640; June 14, 1974, as Instrument No, 73914; January 29,
1975, as Instrument No. 11026, June 17, 1977, as Instrument No. 112352, which include,
among other provisions, the following:
Restricted common areas are provided, Read the CC&Rs carefully to determine these.
Non-payment of assessments to owners' association may result in a foreclosure against
the owner.
TAX ESTIMATES: If the subdivider is unable to give you the current tax information,
you may approximate your taxes as follows:
TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL
TAX RATE. THE TAX RATE FOR THE 1976/77 FISCAL YEAR IS $12.237. THE TAX
RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS. FOR EXAMPLE,
ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX
RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE.
-4- of 6 pages FILE NO, 35467
(Second Amendment)
CONDITIONS OF SALE: If your purchase involves financing, .a form of deed of trust
and note will be used. These documents contain the following provisions:
An acceleration clause. This means that if you sell the property, the
lender may declare the entire unpaid balance immediately due and payable,
A late charge. This means that if you are late in making your monthly
payment you may have to pay an additional amount as a penalty,
A prepayment penalty. This means that if you wish to pay off your loan
in whole or in part before it is due, you may be required to pay an addi-
tional amount as a penalty in accordance with the terms of the loan,
BARE SIGNING, YOU SHOULD READ AND THOROUGHLY UNDERSTAND ALL LOAN DOCUMENTS,
ASSESSMENTS: This tract lies within the Coachella Valley County Water District Storm
Water Unit, which has the power to levy a special assessment on the assessed value
applicable to land and improvements. The tax rate for the 1976/77 fiscal year is
$0.430 per $100 of assessed value.
PURCHASE MONEY HANDLING: The subdivider must impound all funds received from you in
an escrow depository until legal title is delivered to you, (Refer. to Sections 11013,
11013.2(a) , Business and Professions Code,)
The subdivider advises that individual escrows will not close until 800 of the units
have been sold. If the escrow has not closed on your unit within twelve (12) months
of the date of your escrow, you may request return of your deposit,
GEOLOGIC CONDITIONS: THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING
OFFICIALS TO' EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE.1OR MINIMIZE DAMAGE
FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTHQUAKE SHAKING, RAPID
EROSION OR SUBSIDENCE. THIS SUBDIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE
HAZARDS MAY EXIST. SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT
MAY OR MAY NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARATION,
PURCHASERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGINEERING
GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE-MENTIONED HAZARDS
HAVE BEEN CONSIDERED AND IF THERE HAS BEEN ADEQUATE COMPLIANCE WITH CHAPTER 70 OR AN
EQUIVAIMT OR MORE STRINGENT GRADING ORDINANCE DURING THE CONSTRUCTION OF THIS SUB-
DIVISION.
FILLED GROUND: This tract contains filled ground varying to a maximum depth of seven
feet. These soils are to be properly compacted for the intended use under the super-
vision of a state licensed engineer.
FLOOD AND DRAINAGE: The Coachella Valley County Water District advises:
This area is protected from stormwater flows by a system of channels and
dikes built and maintained by this district. This tract may be- considered
safe from stormwater flaws, except in rare instances.
SEWAGE DISPOSAL: The subdivider advises that there is presently a sewer service charge,
-5- of 6 pages FILE NO. 35467
(Second Amendment)
S?REETS AND ROADS: The streets within this subdivision are private. No provision for
their repair and maintenance has been made by the developer, and it is not contemplated
that he will do so. All repair and maintenance of these private streets will be the
responsibility and expense of the association. The cost is included in the budget.
PUBLIC TRANSPORTATION: Regularly scheduled public transportation service is not avail- .
able.
SCHOOIS: The Desert Sands Unified School District advises that the location and dis-
tance from :the most distant lot in the tract to the nearest schools serving this tract
are as follows:
Washington Elementary (K-2) , 45768 Portola Avenue, 2-1/4 miles;
Lincoln Grammar (3-5) , 74100 Rutledge, 3 miles; `
Palm Desert.Middle (6-8) , 74100 Rutledge, 3 miles;.
Indio High (9-12) , 81750 Avenue 46, 10 miles,
School bus transportation is available, without charge, to the above schools.
NOTE: This school information was provided by the school district prior to issuance of
the public report. Purchasers may contact the local school district offices for any
changes in school assignments, facilities and bus service.
For further information in regard to this subdivision, .you may call (213) 620-2700, or
examine the documents at the Department of Real Estate, 107 South Broadway, Room 8136,
Los Angeles, California 90012.
-6- and last FILE NO. 35467
(Second Amendment)
. p
The Honorable Edward Mullins
Page Two
July 26, 1977
by a board of supervisors and filed for record pursuant to this
division, is thereafter annexed to a city, the final map and any
agreements relating to such subdivision shall continue to govern
such subdivision. " Thus, the agreements and bonds continue to
govern even though the City of Palm Desert is now incorporated.
It is our conclusion that the County no longer has the interest
necessary to require the completion of the improvements since the
subdivision is now within the city limits of Palm Desert.
Neverthless, we have no objection to the City, if it chooses to file
suit, naming the County of Riverside as a co-plaintiff since
Section 66413 of the Government Code does not clearly indicate
which entity is entitled to file suit to force completion of the
improvements.
In short, if the City determines that it desires to enforce its
rights and require the completion of the subdivision improvements
we suggest that the matter be referred to the City Attorney for
appropriate action.
Very truly yours,
Ray T. Sullivan, Jr.
County Counsel
r4
BY
9-1 �I�
Robert Westmeyer
Deputy County Counsel
RW:nlp
r �
f
'Y
OFFICE OF THE C' 1 1977
COUNTY COUNSEL ����,����
RAY T. SULLIVAN. JR. MI.-1 lJE)ER TIES
COUNTY COUNSEL RIVERSIDE COUNTY
JOEL BRAND
JAMES H. ANGELL 3S35'TENTH STREET, SUITE 300 W.W. MILLER
ASSISTANT RIVERSIDE, CALIFORNIA 92501 STEVEN A.BROILES
PETER H. LYONS
GERALD J. GEERLINGS TELEPHONE (714) 787-2421 JERRY A.SCHEER
SENIOR DEPUTY
(]
LOYAL E.KEIR
. July 26, 1977 GERALD BLANKENSHIP.JR.
ROBERT WESTMEYER
EDWARD D.PALMER
L.THOMAS KRAHELSKI
WILLIAM C.KATZENSTEIN
The Honorable Edward Mullins WILLIAM P. MCNAMES
Mayor of Palm Desert TIMOTHY J.DAVIS
45275 Prickly Pear Lane DIANE K. BARTOLF
Palm Desert, California 92260
Re: E1Dorado Homes (Developer)
Insurance Company of North America (Surety)
Improvements Relating to Tract 4558 (Palm Desert Area)
Dear Sir:
This is to advise you that the developers of the above-listed
subdivision, which since the incorporation of Palm Desert has
been within your jurisdictional boundaries, have failed to complete
those improvements which they agreed to construct as a condition of
approval of the subdivision by the County. As a result they are
currently in default as far as their contractual obligations are
concerned. - -
A review of the files of the County regarding this subdivision
reveals the following information. The subdivision is located at
the junction of Highway 74 and Tamarisk Street and was filed in
late 1972 as Tract No. 4558. The developer was and is E1 Dorado
Homes and the Surety is Insurance Company of North America. As a
part of the approval of the subdivision by the Board of Supervisors
on August 21, 1973, the developer executed the necessary agreements
and obtained the required bonds from the Surety. The agreements
provided that the developer would, within one year of approval of
the subdivision by the Board of Supervisors, construct certain
specified street and drainage improvements, install a water and
sewer system, and set the required survey monuments and tie points.
Surety bonds were obtained from the Insurance Company of North
America to guarantee the completion of the work. As of July 6, 1977 ,
these improvements have not yet been completed. The surety bonds
guaranteeing completion of the improvements are still in effect.
However, in our opinion, suit will have to be filed if the
improvements are to be completed since demand letters from this
office have produced no response from either the developer or the
Surety.
Section 66413 of the Government Code provides that "when any area
in a subdivision as to which a final map has been finally approved
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