Loading...
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. ( Sample Assess 13 12 p 17 16 15 14 r t I1 10 9 g 1� /oo, �1 9 15 16 21 22 8 - 10 14 17 20 7 11 13 1d 19 SUBJECTS 12,2 6 12 PARCEL 5 A 6 7 5 f3 11 10 9 8 0 G 5) 4 14 O r� 21 3 15 20 19 16 17 !6 2 16 10 11 12 1 17 15 14 13 I 1 { NOTE : I I THE SUBJECT PARCEL AND THE THREE HUNDRED FOOT PERIMETER LINE ARE ' TO . BE OUTLINED IN RED. E 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 ovi� i has been published in each regular a v >aui^° oc said newspaper and not in any suppl� Zcuoa a °-d wZ°ac the following dates to-wit: t tat!' F"OtJ o c N dL O lUl ZO-a te" m F i o Z0: u_ c" of L 3 C O L Z I2 1�YM31c/. .y`1 Q°CdO�N Z i vE MAY 1 1 , 1978 uzait�c a `� �Fy J i 1 �I/ 0 ----- ------------------'------------------------------ Wot,rz lJ'=11 nc a:5En- ° m Oil �€ —E°cE° (� =11 ou3v a�.xyu'-' c i _J Q o ��d�* oL I I I Ml Da. o � d ca E 1t 00 M I� - A.. p -�6°!>�t Ig" aW ------------------------------------- D. E°a \ � j a)'EaN -F WI LQD >0 G)mE 1 olIowaa� Z a -2 2 � O- itlf AMOA " ac°a0io I \ 1 �''j ® r<o.. L000 LN •� / l 11 oa certify (or declare) under penalty of IwoZ foregoing is true and correct. HWucn 00 - 3Ji w FW=O. c0 ; HSFO L Q p u0-0 0 �0}_ W~U(, w e S o >£u'c QoLLZk'u N ' �b•/J/ ca0 o ZLLWWm.Q of W Ze C y9j N Signature------ WZo�Ra£ 'S' �«Q WuwiQJQ-q°_u ---�/W � q ® a I oNEL �QZMXz00Q '0 Q aoP, I LLav ZJLLZ0 -oZiOWPE d MAY 11 , 1978 zift< d>D Date —- - - - -- - --—---- ou.<a °°o—a =u-iv o Q at Palm Desert, California .W,°>oWu�om� ( aU$` �a>aHZw� �o - aal W IIIm =uY o aQWZU=a° ��ufli owl-O -0 `c1-0 LL>ZF wf —aa Foou up.. aEnm I waz y ��3 t 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 3 R A WAY I. p / _ ol .►ii:lilT{� 251 A r {y ♦io ESERT NEIONT>! \ 1+l Y CIRC�rJx SOUTH vP o?-- ?8 And - -�. HAYSTACK ROAD _i 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 - �RA WAY B U R S 9 R A I It � Li C4 O '/�NORI F TA ARISK S T �gVfp i �z� DESERT NEIY�I79 C\ T\- Ro. ML,-� < w Z Y tE�E'RT' �.r 1 � HEIG TS_ CIRCISOUTH - OP 07- anal 1 Z3 OF HAYSTACK ROAD 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 .i 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 z QVFNI "ftSlQF- UFFlCUf Y ae r3 t, cf ( � Ls :�ti �►,iC� , .,sh *� S 7;:�'� '� ar*;. ,t TQ #.-_ �-�".. +.- i --^'�.+--r�-s.. �"�ewc+i +H:''�i 3�"`- �. +rYc'�,� a� 'vt �... •.•.-� i�i [��j'1 I� ' -N� ::,��•+�r ���-'��r�Fwx y j_w�,,,3,�, .,n"kf r' 't t d t� -4•,+e '���',. '�'S: y '�`�.''+�''' ` �^,�qs..�^„� i � -�"��•y.r... -�v^1�M L•� �' b.��l� '� n.l'+M` TM�� 4-,�ii� •.,h,��°�j � -•I ,� � �'k•; T 4'h 1"�•'^Si4� 1": •�...r � ..,a',•:t."'�, -r s. ;_.4,r ttia.': -.%r - - �' ., -tee.{w`'"t�^'. a'3�"-.9 �y.y�.;:j� '4+y4' L'•f�.w ,Y 'wt.+`v e'L.�V}' r+�'J F�;r +iq..`' YA ,11.'.�d+yfS"'++.� ,'�/j r.e'�� s i 7 F � �r���,t > ir';�4''i- �';. �,..._-- a.� ,t � ' _ _,�?'u• _ L t.•A �r �,y-�_w,t'y-!4'Yy�c a 3,� ,4 •i'; �Y 7'^w-ww i� �++�^i -��s.�=-'y.r.��,'T-'T""F�"yk;l�r'ar a�i•}�`1.e'-•;".t('.r .r� '_+r•� t i` � 'f's""'�'•.�� ( n -ti - _ '' _+sw• 4 -tom .�* t 3,�: •'iA^+- h CA d' n•R` .i+,.- :,,t z a s +w, Y tti•F L•'� +p�C,,"siR-•.f...� �` �'7� r �`•�`��.�' +b�, _ "�`'i �•\'-' yam•-„r,r.s� ?.a.i —' � ''"'�.-�'„� -+ s"�'•4-d+•.,�„�,�.�.-+...�.� } 3l -yr�S.!'rt `�„'� �. s, �-�--+n--w-,,• V- -r� �111YY11i`1il�l�'{�f}s����,.�� —,T Vill IV- 'rw""� r."O 'rom"m '­6 �,d WA$I '"IPTW , W;`w plop A/0 77��',F, ek= //V' toe ,: W1 C-70&A/7- )1," e�,` ,0/Ve=-,,'0 /1/451 7/ ;-7' — ;9;1 1 j 9,5 3914 3890 3812 BURSERA ST EET I,A,IZ� lolr) r/ol/ zfff�A,&, 11Vz_ &/A/(:�3 I L. �- ­ '-�* 7�p C-T " ..I toe e -9970 7- ,VO. 19vp1&r,5 --T,'; 4_20q 7-efwC� r ----------- IVO y //V 72 S 7 5z w 7,43 POO/ 389 388 8- .7 L 387 Poo/ C) 7w //A/ 7 57 z *ZIP 3850 /,A/ ­I - J98 4 =7 89 0 A, !3 U I L U I NC,4 7-7- > -7 _Jqc__4&4 77'7!�_ IV N'T A J�J 7 E-- NI A KX:F-- y U, r I f ,-). E". 17, it A 72:; Lj ............. o�\ L A— _41V1__::1, L __j 4-1761 c IT- 4 44 41r,8 4"q TAMARISX STREET 4PF 5 4PH 4 TAMARISK STRE :: I /7d14 PC F > 77 Li V 4W oe 'T7; V\/ w doll 14t 4V' 4199 4 t 0 0 F -��7/0 7 436 IF 4 A' /> % 426 +-4 4 0 441!�. Zr-7 > a:w 75 2 440 4 7 LLI L_j 3950 12 4 041o' < GOLDFLOWER STRpl- I .......... NIX 77A-4 bo Lr� A ol 0 -4 10 x 3981 -7 7 < 4010 r loll > -4401N T 4 '02 o .40-k I4 7 .V_ -4(D4 f -A 00" ----------— y 49 �y L 410 to -7 A 7 Ir (PC 7*\ 10, Tj U4 Ir 7�vl- 7ZI A 4470 L 50' SCALE I CONTOO'R INTERVAt- All 9 - t I 7.4:: 7 le.4 V\ 49Y f7R 546 Y14e 0,-77 /1-7 7a-5 2 .. ........ e 4,,3 0 CITY OF PALM DESERT PARTRIM -7 OF 7 NMZNTAL CIERVIC ;77 -*,Vf I a1V7-1A1Z1f-1_'7) !L MIR Z11-7e PHOTOGRAMMETRY Al, ::5, BY DON READ CORP 11-77 15 z 6717,52W 1,C-10 W fio/7 L:71-7, -:3 2 7 MONTEREY PARK, CALIF. /17-;7_3 L 0 0 0 0 7, r 0 01 A.