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HomeMy WebLinkAboutTT 5277 SAN LUIS REY AVENUE SHADOW MOUNTAIN RESORT 1979 ENVIRONMENTAL , IMPACT ASSESSMENT ,�SMADOW MOUt\MAIN RE 3aR -F ,*N c> RACQUET CLUB JUNE 1973 ,r. WEBB ENGINEERING, INC. PALM SPRINGS, CALIFORNIA eeea C= 1C= WEBB ENBINEERINUNC. June 14, 1973 Riverside County Planning Commission 4080 Lemon Street Riverside, California 92501 Gentlemen: Enclosed is the assessment of the environmental impacts of the proposed Palm Desert Racquet Club. The development will be a condominium project with recreational amenities. The significant benefits and disadvantages have been evaluated in this report. The conclusion of the assessment is that the benefits to man outweigh the adverse effects which might occur to the area's ecology. This environmental assessment was prepared during the planning stage to aid in the design, therefore, the data used are preliminary. The design details are subject to some revision; however, the concepts will remain unchanged. The principal investigators of this assessment, under my direction, were Messrs. William F. Carboni and William M. Barg. . If you have any questions, please do not hesitate to call. Sincerely yours, Sam I. Gershon Vice President Enc. ALBERT A.WEBB, President JOHN L.SANBORN,Vice President & General Manager, ARTHOR H.WEBB,Secretary CIVIL ENGINEERING ❑ ❑ 618 EAST SUNNY DUNES ROAD ❑ ❑ PALM SPRINGS, CALIFORNIA 92262 ❑ ❑ TELEPHONE (714) 325-2245 ENVIRONMENTAL IMPACT ASSIESSM EN PALM DESERT RACQUET CLUB JUNE 1973 WEBB ENGINEERING, INC. PALM SPRINGS, CALIFORNIA W.O. 73-163 File 2208.55 TABLE OF CONTENTS Chapter Page 1 INTRODUCTION . . . . . . . . . . . . . . . . . . 1 2 DESCRIPTION OF THE PROJECT . . . . . . . 2 Location . . . . . . . . . . . . . . . . . . . 3 Feature of the Project . . . . . . . 3 Residential Development . . . . 3 Recreational Development . . . . . . 6 Landscape . . . . . . . . . . . . . . . 7 The Residents . . . . . . . : . . . . . . . 8 Project Engineering . . . . . . 12 Project Schedule . . . . . . . . . . . . . . 13 Project Costs . . . . . . . . . . . . . . . . . 13 3 EXISTING ENVIRONMENTAL CONDITIONS . . 14 Land Resources . . . . . . . . . . . . . . . 14 Soil Characteristics . . . 15 Earthquake Faults. . . . . . . . . . . . . . . 16 Archaeological Sites . . . . . . . . . . . 18 Water Resources . . . . . .. . . . .. 19 Water Supply . . . . . . . . . . . . . . 19 Flood Control . . . . . . . . . . . . . 20 Air Resources . . . . . . . . . . . . . . . . . . 21 Air Quality . . . . . . . . . . . . 22 Pollution . . . . . . . . . . . . . 22 Particulates . . . . . . . . . . . . . 23 Odor . . . . . . . . . . . . . . . . . . . . 27 Meteorology . . . . . . . . . . . . . . 27 Temperature . . . . . . . . . . . . . . 27 Moisture . . . . . . . . . . . . . . . . 28 Wind . . . . . . . . . . . . . . . . . 29 Precipitation . . . . . . . . . 29 Noise . . . . . . . . . . . . . . . . . 30 Biological Resources . . . . . . . . . . . . . 31 1 TABLE OF CONTENTS (cont'd) Chapter Page Plant Life . . . . . . . . . . . . . . . . 32 Animal Life . . . . . . . . . . . . . . . . . . 33 Community Services . . . . . . . . . . . . . . 39 Electricity . . . . . . . . . . . . . . 39 Gas . . . . . . . . . . . . . . . . . . 39 Water . . . . . . . . . . . . . . . . . . . . . 40 Seweage Disposal . . . . . . . . . . . 40 Solid Waste Disposal . . . . . . . . . . . . 41 Fire Protection . . . . . . . . . . . 42 Police Protection . . . . . . . . . . . . . . . 42 Schools . . . . . . . . . . . . . 43 Hospital . . . . . . . . . . . . . . . . . 43 Communication . . . . . . . . . . . . . . . 44 Telephone . . . . . . . . . . . . . . . . . . 44 Television . . . . . . . . . . . . . . . . . . . 44 Newspaper . . . . . . . . . . . . . . . 44 Transportation . . . . . . . . 45 4 BOUNDARIES OF THE AREA . . . . . . . . . . 46 Jurisdictional Districts . . . . . . . 46 Extent of the Impact Area . . . . . . . . . . . . 46 Present Land Use . . . . . . . . . . . . . . . . . 47 Surrounding Land Use . . . . . . . . . . . . . . . 47 Planned Land Use . . . . . . . . . . . . . . . . 48 5 ECONOMICS . . . . . . . . . . . . . . . . . 50 Property Tax Revenues . . . . . . . . . . . 50 Commerce . . . . . . . . . . . . . . . . . . 50 Employment . . . . . . . . . . . . . . . . . . . . 51 Public Services . . . . . . . . . 52 6 THE ENVIRONMENTAL IMPACT OF THE PROPOSED ACTION 54 Physical and Chemical Characteristics . . . . . . 54 Earth . . . . . . . . . . . . . . . . 54 ii TABLE OF CONTENTS (cont'd) Chapter Page Land Form . . . . . . . . . . . . . . . . . . 54 Space as a Resource . . . . . . 55 Soils Characteristics . . . . . . . 55 Water . . . . . . . . . . . . . . . . . . . 55 Underground Resources . . . . . . . . . . . 55 Recharge and Percolation . . . . . . . . . . 55 Salinization . . . . . . . . . . . . . . . . 55 Atmosphere . . . . . . . . . . . . . . . . 56 Quality . . . . . . . . . . . . . . . 56 Processes . . . . . . . . . . . . . 57 Wind Erosion . . . . . . . 57 Earthquakes . . . . . 58 Biological Conditions . . . . . . . . . . . 59 Flora . . . . . . . . . . . .. . 59 Fauna . . . . . . . . . . . . 59 Ecological Relationships . . . . . . . . . . . 59 Disease Vectors . . . . . . . . . .. . . . . . 59 Food Chains . . . . . . . . . . . . 60. Salinization of Surface Material . . . 60 Cultural Resources and Conditions . . . . . . . . 60 Existing Land Use Activities . . . . . . . 60 Transportation . . . . . . . . . . . . 60 Utilities and Services . . . . . . . . . 63 Improvements . . . . . . . . . . . . 63 Structures . . . . . . . . . . . . . . . 63 Intensity of Land Use . . . . . . . . . . . 64 Population Density and Size . . . . . . . 64 Land Tenure and Ownership . . . . . . . . . 64 Zoning and General Plan Requirements 64 Interrelationship of Land Use . . . . 64 Environmental Health . . . . . . . . . . . . 64 Land Use Patterns . . . . . . . . . 65 TABLE OF CONTENTS (cont'd) Chapter Page Congestion . . . . . . . . . . . . . . . , 65 Economic Demand for Residential Land . . . . . 66 Economic Demand for Recreational Land 66 Social and Other Inclusive Factors . . . . . 67 Life Style: Health, Physical and Emotional; Comfort Enjoyment . . . . . . . . 67 Archaeology . . . . . . . . . . . . . . . . 68 Landscape Designs and Architecture and Aesthetics . . . . . . . . . . . . . 68 Noise Levels and Vibrations . . . . 68 Privacy . . . . . . . . . . . . . . . . . 70 Public Controversy . . . . . . . . . . . . . . 70 Economics . . . . . . . . . . . . . . . . . 73 Revenue and Assessed Value . . . . 73 Marketability . . . . . . . . . . . 73 Public Service Costs . . . . . . . . 73 Investment . . . . . . . . . . . . 73 7 UNAVOIDABLE ADVERSE ENVIRONMENTAL IMPACTS 75 8 MITIGATION MEASURES PROPOSED TO MINIMIZE THE IMPACTS . . . . . . . o o . . . . . . . . 76 Construction . . . . . . . . . . . . . . . 76 Noise, Privacy and Vistas . . . . . . . .. . . 77 Adherence .to Standards . . . . . . . . . . . 77 9 ALTERNATIVE TO THE PROPOSED PROJECT .. . . . . . 78 Higher Density Condominium Development . . . . . . 78 Lower Density Condominium Development o 78 Single Family Homes . . . . . .. . . . . . 79 Apartment :Complex . . . . . . . . . . . . . . . . 80 Commercial, . Industrial and/or Manufacturing Development . . . . . . . .. . • • . 81 No Development; Continuation of Present Land Use 82 iv TABLE OF CONTENTS (cont'd) Chapter Page Analysis of the Alternatives . . . . . . . . 82 10 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF MAN'S ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY . . . 83 11 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES . . . . . . . . . . .. . . . . . . 84 12 GROWTH INDUCING IMPACT OF THE PROPOSED ACTION 85 v TABLES Table No Page 1 Length of Stay of Residents . . . . . . . . . . 9 2 Current Air Pollution - Riverside County . . . 26 3 Average Relative Humidity at Indio 28 4 Typical Sound Levels in Decibels on "A" Scale 71 5 Phasing of the Palm Desert Racquet Club . . . . . 103 6A Occupancy Duration for 48.2 Percent of Units, Owner-Resident Units . . . 103 6B Occupancy Duration for 51.8 Percent of Units, Rental Management Service Unit 104 7 Equivalent Number of Full Occupancy Units . . . . 105 8 Trip Generation . . . . . . . . . . . . 105 . 9 Trip Table . . . . . . . . . . . . 106 10 Emission Factors for Vehicle Pollutants . . . . . 107 11 Daily Motor Vehicle Emissions Generated by Local Trips by Vehicles Associates With Palm Desert Racquet Club. . . . . . 108 12 Yearly Motor Vehicle Emissions. Generated by Local Trips by Vehicles Associated with Palm Desert Racquet Club . . . . . . 109 vi FIGURES Figure No. Page 1 Location Map . . . . . . . . . . . . . . . . 4 2 Fault and Epicenters Locations Map 17 3 Sources of Air Pollution . . . . . . . 24 4 Stationary and Transportation Sources of Air. Pollution . . . . . . . . . . . . 25 5 Mammals of the Living Desert Reserve . . . . . 34 6 Reptiles of the Living Desert Reserve . . . 35 7 Birds of the Living Desert Reserve . . . . . . . 36 APPENDICES Appendix A Concept Map B Line of Sight Studies C Archaeology Research Unit Letter D Environmental Matrix E Emissions From Automobiles Associated With the Palm Desert . Racquet Club F Letters Concerning Previous Plan For Site G Bibliography H Personnel References vii i 1. INTRODUCTION The purpose of this report is to present an evaluation of the impact upon the environment of the proposed Palm, Desert Racquet Club, .which is to be a condominium complex in the unincorporated area of Palm Desert in the County of Riverside. The evaluation was prepared pursuant to Section 21100 of the California Public Resources Code and Resolution No. 72-373 of the Board of Supervisors of the County of Riverside. The purpose of the evaluation is to provide the jurisdictional authority with information upon which it can prepare a statement on the environmental impact of the project. The project is being developed by the Destination Report Corporation (DRC) , 10880 Wilshire Boulevard, Suite 114, Los Angeles, California 90024. Professional consultants. retained for the planning and design of this development include: Engineers Webb Engineering, Incorporated 618 East Sunny Dunes Road Palm Springs, California j A-1 Surveying Company P. 0. Box 506 La Quinta, California Architect James Barg, A.I.A. 31882 Camino Capistrano, -Suite 105A San Juan Capistrano, California Attorney Tuttle & Taylor 609 South Grand Los Angeles, California Accountant Kenneth Leventhal & Company 1800 Avenue of the Stars, Suite 410 Los Angeles, California -1- 2. DESCRIPTION OF THE PROJECT The Palm Desert Racquet Club is a planned residential development consisting of 110 new condominium units which when added .to 13 existing units will result in a total of 123 units. The development will be located in 18.9 acres of land. These units will be sold as standard condominium units with an undivided fee interest in a portion of the common areas. DRC has noted that many persons desire to rent or lease their condominium. The "Analysis of the Palm Springs Condominium Owner" by the Palm Springs Convention and Visitors Bureau determined that over half the people responding to the survey rent or lease their condominium. Therefore, DRC will provide a service for rental management. The Racquet Club will incorporate open spacesland recreation areas distributed throughout the development,, including a tennis clubhouse, 13 or more tennis courts, multi-purpose assembly building, and others as indicated on the site plan (Appendix A) . A more extensive description is included in the Conditional Use Permit application. Through careful planning and design of the dwelling units and through the incorporation of permanent open space, the Racquet Club will not only offer recreational facilities such as tennis and swimming, but will also provide the resident an attractive and comfortable life style .and healthful environ- ment. -2- Location The site of the proposed project is in the southeast portion of Section 20, Township 5 South, Range 6 East, San Bernardino Base and Meridian. It lies wholly within the boundaries of the unincorporated community of Palm Desert in Riverside County (Figure 1). It is located at the southeast corner of the intersection of San Luis Rey Drive and Shadow Lake Drive. The site of the development is in the area covered by the Cove Communities General Plan. Features of Project The basic concept of the project is to provide an exclusive, walled resort living environment oriented toward the exclusive tennis and recreational amenities on the site. The resulting recreational community is intended to appeal to the more affluent second home buyer but may also attract permanent residents seeking desert homes for retirement or other purposes. At the same time, the project will enhance its surroundings by improving irrigated landscaping and introducing an architectural theme compatible with the desert atmosphere. Residential Development The proposed construction will consist of 24 on 1-story buildings and 6 two-story buildings. Seventy-two 2 be�( room condominium units of 1,100 square feet will be located 1 in thel one story buildings. Fourteen 1 bedroom condominium -3- FIGURE 1 �ewater y % ` D spa N \••Water I N FIELD II F y " 0 _ - - - n Well Well 17 17 Well 8 --- ,� �b ... ,Well rZ Z � II r� �� •��'. .. .a�Y�es�s• o i— u A � I eo. I ❑���_ pREENLEF I CBS ROAD IL��' JJ • WQII i.-......... _---_ ❑D�❑D'oDD z C �-lam 21 :,. ._ . . 71 .•2l).— •BMva,v B •2A3 2p •nrs•o W223 alm J I _ 74 •` DYE Desert aC 2 Palm Desert o pR PEVINE B • -l\\• _- PROD J l f S// E --_320 129 29 Q wale '................28 J Water 407 a • 40, Water n ••W r o° a c 591 ' - •Water32 3116. 1\`_— LEVEE M II \�• al �\ \ f units of 750 square feet and 24 two bedroom condominium units of 1,050 square feet will be located in the two-story buildings. All the buildings along the western and northern boundaries of the property together with the two buildings in the southeast corner of the site will be single-story buildings approximately 15 feet high. The five buildings in the central cluster and one of the buildings in the southeast corner of the property will be two-story buildings approximately 24 feet high. Line of sight studies by the architect show that the existing and new two-story buildings would not be visible from the north property line or from San Luis Rey Drive on the east (Appendix B). Thus, the predominantly one- story appearance of the neighborhood is preserved. The two story buildings will be visible only from the property itself or from the golf course to the south. Two existing two-story buildings on the property will be converted to a total of 13 condominium units comprised of a one bedroom unit of approximately 1�00 square feet and 4 two bedroom units of approximately 1,050 square feet. One covered parking space will be provided for each unit. Additional open parking will be provided in the ratio o� 1/2 space for each one bedroom unit and 1 1/2 spaces for eac�h two bedroom unit. The maximum walking distance from parking to any condominium will be 140 feet. -5- The approximate price for both the new and existing units will be $30,000 for a one bedroom unit and.$38,000 - $43,000 for a two bedroom unit. With 110 new units and 13 converted existing units,. the overall density in the 18.9 acres will be 6.5 units per acre. Not a part of this project, but located adjacent to it, is an existing two-story building (Tract 4545) that has been approved for 40 studio condominium units. These units will share use of the recreational facilities with the proposed development. The overall density for this project and Tract 4545 combined will be less than 8 units per acre. Recreational Development The existing recreational development on the property includes 10 tennis courts, a tennis clubhouse, a 300,000 gallon heated swimming pool, a general dining room clubhouse,. and a pitch and putt golf course which will be eliminated. The project includes the construction of a minimum of 3 additional tennis courts, 4 paddle tennis courts, and a minimum of five additional swimming and therapeutic hot pools. The existing tennis clubhouse, swimming pool and dining room facility will be remodeled and improved. It is currently planned that the existing recreational facilities with their improvement will be retained by DRC. Therefore, the tennis courts, central pool and clubhouse -6- will not be a part of the undivided fee interest property of the condominium owners. Rather, all unit owners will be entitled to permanent memberships in the club facilities and recorded deed restrictions will permanently commit the property to use as a recreational club for the benefit of the unit owners. Each member will be required to pay dues which will be .used for the maintenance and operation of the recreational club. Landscape Approximately 68 percent of the project site will be used for recreational purposes or retained as open space. The net open space, after deducting roads and parking, is approximately 82 percent. All open space will be professionally landscaped with a mixture of grass, trees, and plants appropriate to the area to create a park-like atmosphere. The minimum budget for landscaping will be $100,000. Existing trees .will retained or transplanted to the extent possible. Landscaped areas will be irrigated by an automatic sprinkler system. All walkway and pool areas will be lighted to provide security and to reduce hazards. The new tennis. courts to be added will not be lighted, and automatic switching equipment will be installed to turn off all tennis court lights at or before 10:00 P.M. Landscaping and buildings will be professionally maintained by the Palm Desert Racquet Club Homeowners Association, which will have lien rights against the condominium owners for the collection of maintenance costs. -7- The existing store front and maintenance buildings, near the pool, two maintenance shacks. in the southwest corner of the property, and a portion of the large clubhouse will be razed. The entire community will be enclosed by a 6-foot decorative wall, with one main entrance to the Club, off of San Luis Rey Drive. Security personnel will man the main gate. An existing secondary entrance off Portola Avenue will be a card controlled gate. The Residents The success of a development and the extent of the impact it .will have on the community is largely dependent on the type of residents who will occupy the dwelling units. This development, like many condominiums in the desert resort area, will be used by persons other than the owner. Therefore, the residents of these units will be of two natures, the owner-occupant and the renter-visitor. The "Analysis of the Palm Springs Condominium Owner" determined that 51.8 percent of the condominium owners rent or lease their units to other persons. For purposes of evaluating the impact of this project, it is assumed that 51.8 or 65 units will utilize the management service and the remaining 60 units will be used as permanent or second home condominiums. The "Analysis of the Palm Springs Condominium Owner, 1972" is assumed for this report as providing information representative of the owner-occupant of the Palm Desert Racquet Club. Thirty-four percent of the owner-occupants will -8- maintain the condominium as a permanent residence (20 units) ; the remaining 61 percent will use the dwelling as a second home. The length of stay of the owner is shown in Table 1. TABLE 1 LENGTH OF STAY OF RESIDENT* Occupance Time Percent of Total Weekends only 35.7 1 Month 7.6 1 - 3 Months 8.0 3 - 6 Months 17.0 6 - 9 Months 5.8. 9 - 11 Months 8.0 12 Months 17.9 *Source: "Analysis of the Palm Springs Condominium Owner" by Palm Springs Convention and Visitors Bureau, 1973. Over two-thirds of the owner-occupied residents (68 percent) will occupy their dwelling for less than six months of the year. Retired persons will account for 28 percent of all owner-occupants. Professional and executive persons will make up 44 percent of these owners. The number of persons in each unit also affects the impact of the project. According to the published analysis, 72 percent of the units will be occupied by only one or two persons, the weighted average -9- number being 2.5 persons per dwelling unit. Twenty-six percent of the dwellings will be occupied nine or more months, which is approximately equal to the school year. This fact, in combination with the 2.5 person per dwelling average, yields a total maximum school age population of 8 persons. Sixty percent of the owner-occupant's have family income of more than $30,000 per year according to the Palm Springs analysis. It is recognized that the analysis of condominium owners prepared by the Palm Springs Convention and Visitors Bureau may not exactly describe the owner-occupant of the Palm Desert Racquet Club, however, it is the best available information to forecast the potential impacts of this project. The "Analysis of the Palm Springs Hotel Visitor", another publication of the Palm Springs Convention and Visitors Bureau, is assumed, for the purpose of this report, to provide information representative of the renter-visitor of the Racquet Club, which has been assumed to relate to 65 units. The analysis shows that 81 percent of the hotel visitors are between the ages of 21 and 65, while over 55 percent are in the 36 - 65 age group. Due .to the high rates to be charged for accommodations ($40 and up per night), it is assumed that most patrons will be in the higher income brackets, probably including executive and professional persons who, according to the analysis, make up about 37 percent -10- of the hotel visitors. The rental unit of the Racquet Club, then, will be designed to cater to a fairly specialized group of individuals who can afford deluxe accommodations, who demand the quality which the developers plan to attain with this complex and who are tennis-oriented. This is further borne out by the fact that the average visitor spends about $37 per day, while the executive visitor spends on the average close to $50 per day while in the Palm Springs area. It is also shown from the analysis that, that type of individual is most apt to fly into Palm Springs and to use a rental car for transportation during his stay. Drawing from this analysis, then, it may be assumed that the typical rental patron of the Racquet Club will be a lower-middle to middle aged adult, most probably a college graduate in the executive and professional fields, earning more than $25,000 per year, who is visiting the Palm Desert area for business and pleasure. It is recognized that the publishers of the "Analysis of the Palm Springs Hotel Visitor" did not intend the analysis to be .all-inclusive. However, for the purpose of this report, it .is assumed that the information presented in the analysis is sufficient to draw a cross-section of the guests at the Racquet Club. Further, this analysis does adequately characterize the current visitor to the Club. -11- Project Engineering The offsite facilities required for this project include the improvement of San Luis Rey Drive. It will be widened and curb and gutter installed for the length of the project. All improvements to be made on this street will conform to the standards of the County of Riverside The main entrance will be. opposite Juniper Street on San Luis Rey Drive. Connections to bring water into the project will be made to the planned new Coachella Valley County Water District water mains in Portola Avenue and San Luis Rey Drive. This will provide adequate flow for the ultimate fire protection standard of 2500 gpm. The existing on-site private water distribution system will be eliminated. The developer is negotiating to help finance a sewer line in San Luis Rey Drive to connect with the future Coachella Valley County Water District sewer line on El Paseo. The E1 Paseo line will be constructed from Cook Street to San Luis Rey Drive by CVCWD with financial assistance from the developer. All new buildings will be connected to this sewer and the septic tanks serving existing buildings phased out. The project will be annexed to CVCWD Districts 54 and 80. The project will be a balanced power development which will require the burying of gas, water, electric, telephone, and sewer lines to provide the residents with the best aesthetic environment, consistent with full service. -12- A central enclosure for solid waste will be constructed on the site. The enclosures will be at least 8 feet wide by 6 feet deep with 3 cubic yard containers for pick. up, enclosed in a block fence with chain link gate having poles independent of the fence. Waste from individual condominium buildings will be carried to the enclosures by the Homeowners Association. Final grading plans have not been prepared as yet. However, a preliminary grading plan for the project will be submitted for review in conjunction with a Conditional Use Permit and a final grading plan will be submitted to the Riverside County Flood Control and Water Conservation District prior to issuance of grading and building permits. All condominiums will be built in conformance with all building and safety codes. Project Schedule Eleven single-story buildings which consist of 33 two bedroom units are tentatively scheduled for commencement of construction in October 1973 and completion in April 1974. The balance of the construction and remodeling is scheduled for commencement in June 1974. Project Costs The total cost of the development will be in excess of $5,000,000. -13- 3. EXISTING ENVIRONMENTAL CONDITIONS The Racquet Club is located in the northwestern portion of the Coachella Valley within the unincorporated community of Palm Desert, at the foot of the San Jacinto and Santa Rosa Mountain ranges Land Resources The San Jacinto and Santa Rosa Mountain ranges, which lie to the west and southwest of the Coachella Valley, rise to elevations of 10,000 feet. They contrast sharply with the sand-covered floor of the valley, on which most of the community of Palm Desert is built. The valley floor is at its highest (1,300 feet above sea level) at San Gorgonio Pass, which separates two mountain ranges. The land slopes gently toward the Salton Sea, 65 miles away, which is at an elevation of 270 feet below sea level. At the mouth of each of the canyons that cuts its way through the mountains sits an alluvial fan that stretches out onto the valley floor. The San Jacinto and Santa Rosa Mountains are the source of material for these fans, which is coarser than the material at the project site. The elevation of the project site is approximately 280 feet above sea level, sloping from the southwest to the northeast. -14- Soil Characteristics The alluvial sand that covers the valley floor makes an effective natural spreading ground for recharging the ground water basin. Storm water that is not infiltrated flows to the drainage channels, and thence toward the Salton Sea. The project site is composed of soil that is characteristic of the valley floor. These fine sands are swept down from the mountains during mountain storms. During much of the year, no water falls on the valley; therefore, the sand is subject to blowing. The seriousness of the wind erosion problem has increased in recent years for two reasons. First, the rainfall in this desert area has been less than normal since 1954, creating a prolonged condition of instability of the soil. Second, the area has experienced increasing growth of new development--residential, recreational, and highway construction. Thus, there are more structures for the blown . sand to damage. In its report "Coachella Valley Wind Erosion Problem", the Coachella Valley Soil Conservation District points out that "the severity of damage from windblown sand is due largely to the nature of the sand itself. The parent -15- material in the watersheds of the Whitewater River and tributary streams is high in quartz content. The gradients of the channels are very steep, allowing for little grinding, smoothing, or rounding of the particles. The resulting sand, which is deposited in the floodplain, is extremely sharp and abrasive." Some protection has been afforded by the way the land has been used, by landscaping, vegetation, or mechanical means. Residential developments covering soil areas, golf courses, parks, shrubs, crops, and windbreaks reduce wind erosion effects. Also, walls, fences, and watering help hold the soil in place. In addition, the orderly development of open, unused land between developments aids in reducing wind erosion in .populated areas. Earthquake Faults A fault and epicenter locations map compiled by the Department of Water Resources as of January 1964 (Figure 2) shows that the Coachella Valley is bounded by two major fault zones. The San Andreas Fault zone lies approximately 7 miles north across the desert floor from the project site. The San Jacinto Fault zone lies approximately 20 miles south across the San Jancinto and Santa Rosa Mountain ranges. A third, much smaller fault, the Palm Canyon Fault, lies approximately 6 miles from the proposed construction in the foothills of the San Jacinto .Mountain range. -16- d Z O JLJ } p Q r HY W a O d to {A J�� -7�.-- / co w i y,_ ,,; �\` � � r//y , �. +i�-'" Vr rig�. ���` o pp�`� /�'• !��, i "' - i ��"' FY. jo� �i ,( l`� lam'. 1i �i. - t� yC .'• � 1 S 'JLS° o• �, �?/ o.'.� :i �, _y, :' !"�.•' =- � ,fool �'t� •%:;�l r/ .�/ _t �: 1. - ,=-^< - f'1 ra (v 2 co s N i ,4 ` 'j( t �J� t r i �� ,,.`- (oR S �•,� off^ �` $ �OIsi`'p �, I 1 vP N ° ot TTI c' tv Cv `:v � �r I, r�-� �� �•����o°•�� r 'C�:fit.. ♦ -� f I• V .., ��:(l lam` �� ` •� p^ �r. ,� W � �A; C.—�-i.. °r '� � �' � ;� ! � o �-� � ,`t Imo y ._e�;iir `/.•r - C !� Pi Zcl a^�, , / ' —oar C: � t ,.fnll.il t may be used to recharge the Upper Coachella Valley ground water basin at a site where percolation rates of 2 to 4 acre-feet per acre per day are probable. This imported water will augment the valley's ground water supply. CVCWD annual entitlement begins at 13,200 acre-feet in 1972, increasing to 61,000 acre-feet by 1990. This quantity is more than enough to recharge the Upper Coachella Valley basin, according to a verified analog model study used to predict the effects of recharge of Colorado River water in the Upper Coachella Valley. Surface Water The mountains surrounding the valley average as much as 30 to 40 inches of rainfall per year at their crests. During brief, intense storms, runoff transports debris down the mountain canyons. This material includes rocks, small shrubs, sand, and silt. This debris deposited at the mouth of the canyons over a long period of time formed the alluvial fans that spill out onto the valley floor and act as flood plains over which surface water from the canyons is dispersed. A portion of the storm water infiltrates the soil. and percolates to the ground water reservoir under the valley; the portion that does not infiltrate flows to the drainage channel. In the past, some damage has been incurred by those who did not take steps to protect structures built on the flood plain. -20- Historically, earthquake activity in the Palm Springs area has been light, as attested by the epicenter locations map. The map data indicates no major earthquake activity in this area for the period of time recorded (1934-61) . The closest earthquake center of any significant proportion was registered near Desert Hot Springs on December 4, 1948. The intensity was 6.5 on the Richter Scale. Archaeological Sites, The project lies within the boundaries of land originally the habitat of the Agua Calient Band of Mission Indians. Indians of the Pass Cahuilla branch of the larger Cahuilla ethnic group were living in the immediate vicinity when first encountered by European settlers. The geographic location of the project site suggests that it could potentially provide information on early Cahuilla agriculture. The site is about 14 miles from the Agua Caliente Hot Springs, now developed as the Palm Springs Spa. Historians believe that water from the spring was used by the Indians to irrigate their crops. -18- In light of the historical importance of this area, the matter was brought to the attention of the Archaeological Research Unit of the University of California at Riverside. In the past few months, the Unit has investigated similar sites in and about the City of Palm Springs. The Unit noted that, if a site has been disturbed by later agricultural use, vehicular activity, disposal of solid wastes, or earlier construction--as this site has been, a survey is not warranted because any artifacts or other items of archaelogical value will have been destroyed or removed. (Appendix C ) . Water Resources Water Supply The Coachella Valley County Water District (CVCWD) supplies water for both domestic use and landscape irrigation to the area. Water going to the site will be .provided by mains in Portola Avenue and San Luis Rey Drive. CVCWD is updating its system constantly, planning for the area's growth. To this end, it has contracted with the State to Purchase State Water Project water. CVCWD has agreed that its entitlement to State Water Project water could be traded with The Metropolitan Water District of Southern California in exchange for Colorado River water. This water -19- However, because precipitation on the valley floor is both light and irregular and because the atmospheric evaporation rate is high and the permeability of the soil is excellent, there is little surface water on the valley floor except that coming as runoff from the mountains. Flood Control The levees of the Deep Canyon Storm Water Dike System have been constructed 1 to 2 miles southerly of the site. . These levees divert the storm water runoff generated southerly of the project into the Deep Canyon Channel, thence into the Indian Wells Channel and the Whitewater River Storm Water Channel. This protects the tract from storm water flows. All plans for the project will be submitted to the Riverside County Flood Control and Water Conservation District for review and approval. Air Resources For many years a combination of abundant sunshine and the exceptionally fresh and clean air has been a major attraction of the desert. More recently, however, the quality of the air in the Coachella Valley has shown some deterioration. This has been caused by the high level of suspended dust in the lower valley and by the oxidant pollutants .that invade the valley from the west. -21- Air Quality Pollution. The Riverside County Air Pollution Control District's 1971 air-monitoring report surmises that high oxidant levels are probably caused by emissions from the Los Angeles Basin imported into the valley by northwesterly winds. The report states that "with respect to the photo- chemical air pollution problem, it is apparent that the Caochella Valley is subject to intrusion of the aged photochemical pollution cloud from the coastal :area of Southern California." This invasion of polluted air from the Los Angeles Basin occurs constantly during hot summers and, during the rest of the year, whenever an inversion layer hangs over the passes. Characteristic local thermal low pressures caused by desert heat draw surface-level air masses and accompanying pollutants from adjacent areas, principally through the San Gorgonio Pass. This happens during early afternoons and can be seen from anywhere in the valley. The valley's physiography itself tends to intensify the pollution problem. Because it is long and narrow, there is a steady back-and-forth flow of air along the valley's axis. Circulation is such that surface winds are often overlain by upper winds flowing in the opposite direction, causing a given air "parcel" to travel up and down the valley. -22- The automobile is recognized as the leading contributor to air pollution. No less than 83 percent of emissions that pollute the air are directly produced by automobiles and the proportion climbs to 90 percent when all transportation sources are included (Figures 3 and 4) Total daily emissions for all Riverside County are tabulated by the Air Pollution Control District (Table 2) It estimates total oxidant emissions at 920 tons per day, of which approximately 200 tons per day invade the Coachella Valley. Exactly how much of this can be attributed to the coastal basins is not known, although a major portion is probably "foreign." Particulates. The Riverside County Air Pollution Control District's 1971 air-monitoring report declares: "The suspended dust, when not associated with strong winds which account for naturally-occurring dust loadings, is due to man's activities in the lower Coachella Valley.. Materials are introduced into the air from such courses as burning dumps, vehicle movement on unpaved roads, sand and gravel operations, agricultural burns, and cultivation practices. Since the most frequent daytime wind is from the southeast, the dust load generated over the lower Coachella Valley is generally carried up-valley; when the northwesterlies are delayed or absent, this material may reach the upper portions of the Coachella. The measured dust loadings (high-volume air samplers), however, indicate much lower values at Palm Springs than those at Indio or Thermal." -23- AIR POLLUTION CONTROL DISTRICT RIVERSIDE COUNTY 3575-11th STREET MALL RIVERSIDE, CALIF. 92501 GALEN R. KINLEY, DIRECTOR STATIONARY TRANSPORTATION SOUR R- - _ SOUC E S SO URCES E _ AS OF U F JAN ARY 1971 SO J U A F AN ARY 1971 --I N A hH W PIE SLICES show breakdown of current air contaminant emissions. Stationary and Transportation sources daily average 919 Tons per day. .xt1!:d•.e:A�!:Fo:d:t�!Y:Y: 1.e.i::t�'o�.'� •4:LY:.. • • I ill 'r �¢•:4'ya '.."�f`�::`;'b�>°'?•k'b'',lk^�b�'�l�.'s;�b"d:4. IIIII :dPi?.rT"se ::e'f: .�� •bfti:;�d Will {�P:3:Pd���:p•:4:".Y'�:�d�•t�P�A':^y;:;r..(:*S+.s�'�•�•:a.r..:>ic �}�.:�cA��'::'.4•':!'�4.t��.y'•:✓6SPpg:�'a..:°`?dje.��e:... ?UJS.xp:�.4::: '.: ':YaY AY�'�•3:•;.Lte1iyp..4��:��.. P�°j?�;}?._..4..y.:j�?b�;�ah.4�d:P�!'.{•l:�j:•Pt:1tP:q.;u>}PB:.:':}? o-P. .� :.�a.. et'•Y..YJ�P�A':�T��.a''P�� .Yy:k."n..'?: d:f?5'11P.iS.J..,�.w�•^d'i',.pc'Y•:t:f:e.. TABLE 2 AIR POLLUTION CONTROL DISTRICT RIVERSIDE COUNTY 3575-11th STREET MALL RIVERSIDE, CALIF. 92501 AIR CONTAMINANT EMISSIONS DAILY AVERAGE TONS/DAY CURRENT EMISSIONS TONS/DAY HYDROCARBONS PAR- CAS O U R C E S NO TICU- SO CO t� W o TOTAL REAC- x. LATES 2 w ►-+ cz En TIVE F. v1-4 INDUSTRIAL Chemical - - 0.10 - - 0.10 Metallurgical - - 1.30 . - - 1.30 Mineral - - 4.90 - - 4.90 Petroleum 6.10 - - - - 6.10 Organic Solvents 7.00 - - - 7.00 INCINERATION 15.20 2.50 4.30 0.20 33.60 55.80 FUEL COMBUSTION 0.10 4.00 .0.60 1.80 - 6.50 AGRICULTURE 4.30 0.20 2.40 0.10 4.50 11.50 TOTAL STATIONARY 32.70 6.70 13.60 2.10 38.10 93.2 *Source - Bulk Sales of Fuel MOTOR VEHICLES 10.40 50.0 . 10.0 3.20 600.00 767.2 RAILROADS 1.00 2.00 0.60 0.20 4.0 . 7.80 AIR CRAFT *7.10 4.40 4.70 - 35.2 51.4 TOTAL TRANSPORTATION 112.1 56.40 15.30 3.40 639.2 826.4 GRAND TOTAL 1144.8 1 63.10 28.90 5.50 677.3 919.6 NOTE: . - Hydrocarbons =. Hydrocarbons and other organic gases. NOx Oxides of nitrogen. SO2 = Sulfur dioxide. CO = Carbon Monoxide. "Reactive" means those hydrocarbons which are photochemically reactive. -26- Odor. Sulphur dioxide emissions from transportation, as well as from some stationary sources, is usually one of the major contributors to odor pollution. In the Palm Desert area, however, the principal industry is tourism, hence, stationary sources are almost non-existent. As for transportation, the extremely low ratio of motor vehicle emissions to the enormous area of the desert, combined with the prevailing winds in the valley, tend to minimize air pollution odor. For these reasons, the desert air continues to remain relatively clear and clean, and thus one of the area's most valuable assets. Metero logy Palm Desert's climate and weather are largely dependent on its surrounding terrain and location in the low mid-latitudes (34°N). The Peninsular Ranges, predominantly the San Jacinto Mountains, shield it from the moderating influence of the Pacific Ocean. Consequently, it has mild winters:. Temperature. Palm Desert is 70 miles and two mountain ranges from the moderating Pacific Ocean. Thus, it has a wider variation in day and night temperatures than do similar coastal locations at the same latitudes. Average winter temperature ranges from 40 to 50 degrees F and the average maximum is in the high 60s. Average daily maximums remain below 95 degrees from October to May. Summer maximums average 105 degrees while daytime highs of 120 degrees occur on an average of three days per year. Temperatures of 110 degrees are registered one out of every two days during July and August, with a low relative humidity of 20 percent. Moisture. Table 3 shows the average relative humidity per month over a 30-year period (1940-1970) .* TABLE 3 AVERAGE RELATIVE HUMIDITY AT INDIO 2-Point Average 4-Point Average Month Humidity (70) Month Humidity (Z) January 36 January 49 February 28 February 41 March 24 March 36 April 22 April 33 May 19 May 30 June 17 June 27 July 25 July 32 August 27 August 34 September 25 September 33 October 24 October 35 November 29 November 41 December 35 December 47 The 2-point humidity reading is an average of two readings taken at 10 a.m. , and at 4 p.m. The 4-point humidity reading, which is the average of four readings taken at 4 a.m. , 10 a.m. , 4 p.m. , and 10 p.m. , is more reliable for indicating average relative humidity. Using the 4-point reading, the area's mean annual relative humidity is 36.4 percent. *Source: National Weather Service. -28- Wind. Throughout much of the year, the Coachella Valley normally experiences warm, gentle northwesterly breezes, averaging between two and five miles per hour. Under certain conditions, especially during the spring, an inversion layer hangs over the San Gorgonio Pass restricting the movement of marine air inland. The confinement of this moving air to the pass creates high velocity winds, which sweep down into the upper part of the Coachella Valley, occurring most frequently during later afternoon or evening. The Coachella Valley Soil Conservation District's report "Coachella Valley Wind Erosion Problem" states that "about 86 percent of the erosive winds blow in a southeasterly direction from northwest to southeast." These windstorms shift the light desert sands a great deal and, according to. R. Mark Ryan, "account for the dissemination of much plant seed throughout the desert regions." Precipitation. The Peninsular Ranges, rising sharply to the west of Palm Desert, effectively drain moisture from the easterly-moving cyclonic storms responsible for most of the region's precipitation. -29- Thus, a rainshadow effect occurs in this locale as seen from a comparison of the average annual rainfall for the upper windward slope (45 inches) to that at Palm Desert (5 inches) . It is easy to understand how the area can receive 250 days or more of sunshine each year. The latitudinal location of the area is responsible for the cyclic nature of the area's precipitation. At this latitude, locations near the west side of continents have rainfall maxima that coincide with the passage of cyclonic storms. Such storms occur most frequently from October to March, but monthly averages indicate the possibility of rainfall during all but the three summer months: Noise At present, Riverside County has no official standards for regulating noise. However, an ordinance is being prepared by the County governing noise. This ordinance would set up three "noise areas": (1) residential; (2) commercial and light manufacturing; and (3) industrial, manufacturing, and airport. The proposed project, having a residential density of approximately 6.5 dwelling units per acre, would fall in the lower range of Noise Zone No. 1, where noise levels are to be controlled below 60 dbA (weighted) during the day and 50 dbA (weighted) at night. -30- It must, however, be recognized that there are some sources of noise that are utterly beyond the control of even the most environmentally dedicated planners, designers, architects, and engineers. For example, there are outside noises from trucks, autos, motorcycles, buses, airplanes, and sirens from ambulances, fire engines, and police cars. Sources of noise from within the development are radios, televisions, stereos, large parties, motorcycles, and automobiles. These are part of the living environment. Construction and repair equipment are also sources of noise pollution, both during and after the original construction work. Biological Resources The Palm Desert region is a northwesterly extension of the Colorado Desert and the flora found there is characteristic of this arid climate. As in all desert areas, the vegetation has adapted to drought conditions. Most of the area has ,some vegetative cover but relatively few succulents, or water-storing plants. Most of the flora has adapted structures that resist fast evapotranspiration to conserve water, or it may show growth only during periods of winter rains, being dormant in the summer months. The region shows a typical zonal development of arid regions. The segregation is the result of. elevation, climate, and other influences. -31- Plant Life Perhaps the most characteristic member of the Colorado Desert vegetation is the Washington palm. This tree is confined to the oases and canyons of the local valleys and is the only palm native to California. It was thought to be more wide- spread during more humid periods; the remaining trees are only relics. Other trees of the Palm Desert locale include the mesquite, the screw bean, the palo verde, and the smoke tree. Often these are used to find water because their tap roots extend SO to 60 feet. The most prominent shrub of this location is the creosote bush found often on the alluvial .fans and in the lower and dryer regions. Other shrubs include the brittle brush and the burro bush. Found on the hillsides surrounding the area is the beautiful flowering ocotillo. After periods of extensive precipitation, especially in the -spring, the desert floor around the springs blossom with the herbaceous annuals. They show adaption by concentrating their life cycle into a few short weeks after the winter rains. The seeds contain chemicals that must dissolve before growth can take place. -32- Animal Life Almost every animal in the desert has a comparatively narrow range of environmental limits within which it survives. But if the adaptions of desert creatures are studied long enough, one finds their life is not as precarious .as might be imagined. Life for adapted plants and animals is quite normal because each has its own habitat where water and food are adequate for its specific requirements. The major problems for desert animals are adaption to drought and regulation of body temperature. These adaptions are widely varied and are directly related to the particular habitat each animal occupies. The Palm Springs Desert Museum has been helpful in providing listings .of the various mammals, birds, and reptiles which inhabit the desert floor and with which we are concerned (Figures 5, 6, and 7) . It is impossible to tell exactly which species inhabit a specific plot of desert terrain; therefore, we are confined to making associative speculations on what should inhabit a plot of desert in a certain area based on location, proximity to urban areas, corridors for transportation in and out of the area, and available food supply. .Perhaps the most numerous of the desert rodents are mice. Other rodents include the gopher and rat species. These are basically nocturnal animals and are seldom seen during the day. . -33- ri�unc MANI'MALS OF THE LIVING I)ESERT RESERVE A CHECK LIST . The following check list includes those species v:hich have been re- corded on the Living Desert Reserve' of the Palm Springs Desert Museum and those species which can be presumed to occur on the Reserve but have not been observrd as of May, 1971. Via would appreciate your observations and comments in order that this list may be made more complete. ' Mammal observations include those recorded by R. Mark Ryan in his book, Mammals of Deep Canyon, Colorado Desert, California, Desert Museum: Palm Springs, Ca., 1958. Other observations have been made by the research staff of the Philip L. Boyd Deep Canyon Desert Research Center, University of California and by Karen Saus- man Fowler, Resident Naturalist, Living.Desert Reserve. KEY R recorded on the Living Desert Resme 0 recorded in the vicinity of the Reserve and presumed to occur there ❑ Cactus Mouse, Peromyscus errmicus D 0 presumed to occur on the Reserve but not recorded ❑ Desert Pack Rat,Ncotoma lepida R '❑ California Leaf-nosed Bat,facrotus californicus U O Coyote,Canis latrans R ❑ Western Pipistrelle Bat,Pipistrcllus hesperus R ❑ Gray Fox,.Urocyon cincreoargenteus U ❑ Pallid Bat,Antro:ous pallidus D ❑ Kit Fox,Vulpes macrotis D ❑ Black-tailed Jack Rabbit,Lcpus californicus R ❑ Ringtail,Bassariscus astutus U ❑ Round-tailed Ground Squirrel,Citellus tereticaudus R ❑ Raccoon,Procyon lotor R ❑ Antelope Ground Squirrel,Citellus Icue+rrrts R ❑ Badger,Taxidea taxus R ❑ Pocket Gopher,Thornomys bottac R ❑ Bobcat,Lynx rufus U ❑ Little Pocket Mouse,Perogcalluis longimcmbris U NOTES: ❑ Long-tailed Pocket Mouse,Perodnathus formosus D ❑ San Diego Pocket Mousc,Pcrogtwthus fallax D ' ❑ Merriam Kangaroo Rat,Dipodnnrys nzerrimni R ❑ Deer Mouse,Pcromyscus manicttlattts R ❑ Canyon Deer Mouse,Peronryscrts crinitus R Published by PALM SPRINGS DI:S"RT IVIusE PALM SPRINGS,CALIFORNIA -34- FIGURE 6 REPTILES OF, THE LIVING DESERT RESERVE A CHECK LIST To date, 20 species of r^ptiles have been reported for the Deep Can• ron area, 11 of which have been sighted within the Living Desert Reserve of the Palm Springs Desert Museum. The following check list includes those species which have been recorded and those species which can be presumed to occur on the Reserve but have not been observed as of May, 1971. We would be interested in your obser- vations in order that this list may be made more complete. Reptile observations included in this list have been made by the re- search staff of the Philip L. Boyd Deep Canyon Desert Research Center, University of California and by Karen Sausman Fowler, Resi- dent Naturalist, Living Desert Reserve. KEY R recorded on the Living Desert Reserve 0 recorded elsewhere in Deep Canyon and presumed to occur on the Reserve U presumed to occur on the Reserve but not recorded ❑ Banded Rock Lizard,Streptosaurus mearnsi D TORTOISES ❑ Desert Horned Lizard,Phrynosoma platyrhinos R ❑ Desert Tortoise,Gopherus agassizi R Q Flat-tailed IIomed Lizard,Phryosoma m'calli U LIZARDS ❑ San Diego Horned Lizard,Phrynosoma coronatum U Q Banded Gecko;Coleonyx variesatus D Q NVestem Muptail,Cnemidoporus tigris R ❑ Cbuckwalla,Sauromalus obestrs R SNAKES. ❑ Desert Iguana,Dipsosaurus dorsolis R ❑ Western Blind Snake, Lrptotyphlops humilis U ❑ Zebra-tailed Lizard,Callisaurtrs draconoides R ❑ Rosy Boa,Lichantrra trivirgata D ❑ Coachella Valley Fringed-toed Lizard,Urna inornala R ❑ Spotted Leaf-nosed Snake, ❑ Leopard Lizard,Crotaphytus wislizenii D Phyllorhynchusdecurtatus U ❑ Collared Lizard,Crotaphytus collaris D ❑ Red Racer,Afasticophis flagellum R ❑ Desert Spiny Lizard,Sccloporus magister U ❑ Desert Patch-nosed Snake, Salvadora hexalepis U ❑ Long-tailed Brush Lizard,Urosaurus graciosus D ❑ Gopher Snake,Piluophis melanoteucus R ❑ Side-blotched Lizard, Uta stansburiana R Q Glossy Snake,Arizona elegans D Q California Kingsnake,Larnpropeltis getulus U ❑ Long-nosed Snake,Rhinoclteilus lecontei D ❑ Shovel-nosed Snake,Chionactis occipitalis U Q Night Snake,Hysiglena torquata U ❑ Lyre Snake,Trimorphodon vandenburghi U Q Western Diamondback Rattlesnake,Crotalus atrox U ❑ Sidewinder,Crotalus cerastes R ❑ Red Diamond Rattlesnake,Crotalus ruber D ❑ Speckled Rattlesnake, Crotalus mitchelli U NOTES: Published by PALu SPRiNcs DESERT MUSEUM PALNI SPRINGS,CALIFORNIA - FIGUn 7 BIRDS OF THE LIVING DESERT RESERVE MAY,1971 To date, 61 species of birds have been reported for the Living Desert Reserve'. In this preliminary list, no attempt is made to comment on their abundance or status within the Reserve. We would appreciate your observations and comments in order that this list be made more complete. Common names conform with the A.O.U. checklist,of North American Birds, 5th edition, 1957. The only recorded observations of birds on the Reserve are from the Spring of 1968,the Fall and Winter of 1970 and Spring of 1971.Thus, we expect the list is far from complete. VULTURES,HAWKS,AND EAGLES HUMMINGBIRDS THRASHERS WARBLERS(Continued) Cooper's Hawk Black-chinned 1lfockin-bird Townsend's Warbler Rcd-tailcd Hawk Hummingbird California Thrasher Hermit Warbler Sparrow Hawk Costa's Hummingbird Crissal Thrasher NfacGillivray's Warbler QUAIL TYRANT FLYCATCHERS BLUEBIRDS Yellowthroat Gambel's Quail Western Kingbird Niountain Bluebird Wilson's Warbler DOVES Ash-throated Flycatcher GNATCATCHERS AND KINGLETS WEAVER FINCHES Say's Phoebe House Sparrow White-winged Dove Hammond's Flycatcher Black-tailed Gnatcatcher Mourning Dove Western Flycatcher Ruby-c•rowncd Kinglet BLACKBIRDS AND ORIOLES Ground Dove. Western Wood Pewee SILKY FLYCATCHERS Hooded Oriole ROADRUNNERS SWALLOWS Phainopepla Brewer's Blackbird Roadrunner Barn Swallow SHRIKES AND STARLINGS Brown-lieaded Cowbird GOATSUCKERS Loggerhead Shrike TANAGERS RAVENS Common Nighthawk Starling Western Tanager Lesser Nighthawk Common Raven VIREOS, GROSBEAKS,FINCHES, SWIFTS CHICKADEES AND TITMICE Warbling Vireo AND SPARROWS White-throated Swift Verdin WARBLERS Black-headed Grosbeak Vaue's Swift Blue Grosbeak WRENS Orange-crowned Warbler House Finch WOODPECKERS house Wren Nashville Warbler Lesser Goldfinch Red-shafted Flicker 13c-, ick's\Vren Yellow Warbler Lark Sparrow Ladder-backed Woodpecker Rock Wren Audubon's Warbler Rufous-crowned Sparrow Black-throated Gray Brewer's Sparrow Warbler White-crowned Sparrow - NOTES: rublished by PALM SPRL\GS DESERT MUSEUM PALNI SPRINGS,CALIFORNIA —36- Larger rodents that may be found during :the day are members of the rabbit and squirrel families. The desert cottontail is found in areas where succulent food is available and where denser vegetation provides shade and protection. Mammal predators have always been numerous in the desert. - Most of these carnivores are secretive and seldom are seen by man. They often range over wide areas and are responsible for keeping .the local rodent population at proper levels. These include the coyote, gray fox, kit fox, ringtail raccoon, badger, and bobcat. The ecological place of predators, in the desert habitat has received much consideration recently, and they are now recognized as important factors in environmental management. Land reclamation in the vicinity has made these inhabitants more scarce, with the exception of the coyote who frequents agricultural and livestock-raising areas. A .listing of mammals that are known to inhabit this area is shown in Figure 5. Lizards are not only the most abundant vertebrates in the desert, but important links in the food chain. Many species are insectivorous, some are cannibalistic, and others vegetarians. A listing of species most likely to be found in this area is shown in Figure 6. They are ectothermic animals, or they acquire body heat from outside sources including radiation from sun, conduction from the substrate, and convection from the air. -37- Snakes are widespread and numerous in the desert area around Palm Desert. Most are nocturnal; being unable to stand the hot daytime sun, they rest in crevices or under rock ledges during the day. A listing of snakes to be found is shown in Figure 6. Snakes depend on a multitude of creatures for food, including ants, rodents, eggs, birds, frogs, toads, rabbits, and other snakes. One of the pleasing aspects of bird life in the desert is that birds are so visible. They are usually brightly colored and use the shrubs, cacti, and low trees for perching and nesting. They provide the only signs of life immediately visible on the desert floor. The most common of the birds that inhabit the area are listed in Figure 7. Many of these birds are migratory; that is, spend winter months in the desert and summer months in the cooler northern part of the country. Most of the birds are small - are usually seed or insect eaters, and provide an important link in the food chain. These small birds are very adaptable to alterations in the environment and co-exist well with man. The predatory birds, on the other hand, are often killed by man and are, therefore, not found near urban concentrations. Much of the food and game hunted by the hawks and roadrunners are driven off by urban development so they must seek food elsewhere. -38- Community Services Electricity The Southern California Edison Company, which provides electricity for Palm Desert, has thus far experienced no power shortages, and it is in the process of developing new power sources and of increasing its capacity to meet anticipated growth throughout its service area. They indicated they have the capability to provide power to this development and future developments if they are allowed to construct power facilities presently under design. Gas The Southern California Gas Company will be responsible for providing service for this project. The source of fuel for this area was natural gas developed from subterranean supplies, of which 75 percent is imported from out of state and 25 percent is developed from the Los Angeles Basin Area. The demand resulting from the Palm Desert Racquet Club development will make no appreciable difference in the source and that there would be a negligible environmental impact. Full insulation of the houses, when used, tends to conserve the natural resource by reducing per capita natural gas consumption. Southern California Gas Company stated that there are existing 3-inch gas mains in San Luis Rey Drive and Shadow Lake Drive that can supply this development with no problem. Water Coachella Valley County Water District (CVCWD) will supply water to the site through mains in Portola Avenue and San Luis Rey Drive. They have indicated they can supply all water to meet domestic needs, irrigation, and to meet the ultimate fire protection standard of 2500 gpm without problem. Sewage Disposal' At the present time, all sewage in the CVCWD system is routed to the future site of the Cook Street Sewage Treatment Plant and then lifted to the Palm Desert Country Club Treatment Plant. However, it is anticipated that this particular system will be saturated within two years. By this time, however, it is expected that the Cook Street Sewage Treatment Plant (STP), with a design capacity of 2.15 million gallons per day, will have been constructed, located on the north side of the Whitewater River Channel. The Cook Street STP has been approved by the Planning Commission and Riverside County Board of Supervisors, the California State Regional Water Quality Control Board, the State Water Resources Control Board (SWCB), and the Environmental Protection Agency of the United States Government (EPA). The plant has been approved for a Clean Water Grant and the final design plans and specifications for the STP are completed and are under review by the SWCB and the EPA for final approval and advertising. for bids. -40- The Cook Street STP will be an activated sludge facility providing secondary treatment. The reclaimed water will be sold to various recreational facilities for irrigation purposes, as well as for use by CVCWD operations such as the Whitewater Storm Channel Dust Control Program. Water will also be placed into recharge basins for return to the underground water supply for eventual re-use downstream. The existing facilities on the project site use septic tanks for disposal. These will be phased out when the development is connected to the CVCWD sewage collection system.. Solid Waste Disposal. The Palm Desert Disposal Service, Inc. , collects and disposes of solid waste material. The company has been meeting the service demands as the area grows and plans to continue to do so in the future. Waste materials collected by the Palm Desert Disposal .Service, Inc. , are hauled approximately 13 miles north to the Riverside County Edom Hill Disposal Area near .Varner Road and the Indio Disposal site. These facilities are sanitary landfills operated by the Riverside. County Road Department. The proposed development will make no increase in air pollution as burning of waste material is prohibited. It is expected that the capacity of the landfill will provide adequate disposal into the future. -41- Fire Protection. The Riverside County Department of Fire Protection indicated that the project could be adequately served by existing facilities but that they are currently short of manpower. The E1 Paseo Fire Station has the capability to provide fire protection for this project without additional facilities. . In view of this, no new fire protection facilities would have to be built. Standards of the Department of Fire Protection for the project are specified by ordinance in the Conditions of the Use Permit. Police Protection. Primary responsibilities of law enforcement fall within the jurisdiction of the County Sheriff's ,Department. This office -does not provide primary patrol services for properties within their jurisdiction, but rather provides response service to requests for service and investigatory services in criminal cases. As a result of the private character of the develop- ment with guarded entry gates, internal security, and the expected age and income level of the residents, a lower level of service should be required by this project than by comparable conventional developments without internal security provisions. The Sheriff's Department indicates this project will have no impact beyond that of normal growth. -42- Schools As the school age population of this project will be only 8, the school district indicated that the impact of the education system will be negligible. This area is served by Desert Sands Unified School District. The schools that will serve this development are as follows: Grade Name Address K-3 George Washington School 45768 Portola Ave. 4-5 Abraham Lincoln School 74100 Rutledge 6-8 Palm Desert Middle School 74100 Rutledge 9-12 Indio High School 81750 Ave. 46, Indio Hospital The development will be served by the Desert Hospital. In planning the hospital, it was assumed that each new resident within its District would need a bed one day out. of each year, but now the hospital is rapidly approaching its limit, and its expansion is imperative. In light of this, the Desert. Hospital District has purchased the El. Mirador Hotel and plans to use a portion of this building for additional patient facilities. -43- In addition to the Desert Hospital, the develop- ment can also be served by the Eisenhower Medical Center. Emergency cases will use this facility. Besides its 140-bed capacity, the Center also has professional offices. It intends to .pursue a master plan of additional hospital beds, additional out-patient clinics, research and teaching buildings and other medical facilities as the health needs of the Coachella Valley increase. Communications Telephone. The General Telephone Company of California serves the .area., It has planned for additional capacity to handle. the normal growth of the community. All its telephone lines are buried underground. Television. Two local stations affiliated with national networks are received directly via ultra-high frequency (UHF) channels. Los Angeles stations can be received via cable provided by the Palm Springs Television Company. Newspaper. Residents have access to local, regional, and national newspapers, including the Desert Sun, Indio Daily News, Palm Desert Post, Palm Desert Daily News, Riverside Press Enterprise, Los Angeles Times, New York Times, Christian Science Monitor, and Wall Street Journal. -44- Transportation. . The basic mode of transportation in the area .is the private automobile. Interstate buses, taxis, and airplanes also handle some transportation needs. The Palm Springs Airport is used by commercial airlines as well as private planes. At the present time traffic circulation within the "Cove Communities" is fairly good. The street system is basically on a grid system with modifications due to terrain. The access to the project will be off San Luis Rey Drive and Portola Avenue. -45- 4. BOUNDARIES OF THE IMPACT AREA Jurisdictional Districts The Racquet Club addition will lie within these jurisdictions: .The State of California The County of Riverside The 43rd U.S. Congressional District The 36th State Senatorial District The 75th State Assembly District The 4th Supervisorial District Desert Sands Unified School District The Coachella Valley Community College District The Coachella Valley County Water District The Desert Hospital District Extent of the Impact Area Geographic (Figure 1) . Jurisdictional: County of Riverside, California Regional: Upper Coachella Valley. from San Gorgonio Pass southeast to Indio Local: Unincorporated community of Palm Desert Neighborhood: The adjacent area within a 1/2-mile radius of the project. -46- Present Land Use The project site is a portion of the former Shadow Mountain Club. The Club was one of the most elegant places to stay in the Desert. About five years ago, the Shadow Mountain Club was divided into the Shadow Mountain Golf Course and the Palm Desert Racquet Club. The existing land use of the Racquet Club includes hotel units and recreational amenities which provide the guests with tennis courts, a swimming pool, tennis and dining clubhouses, and a "pitch and putt" golf course. Surrounding Land Use Southerly and adjoining the project site is the .18 hole Shadow Mountain Golf Course. Northerly, easterly, and westerly of the project site are 'developed areas consisting of single family residences, condominiums, and motels. Surrounded by the site; but not included in this project, is a 40-unit hotel which is currently the main building of the Palm Desert Racquet Club Hotel. These units have been approved for conversion into condominiums (Tract 4545), and will share the recreational facilities with the proposed project through membership in the tennis club. -47- Planned Land Use The Racquet Club has been developed to provide the ultimate in gracious, casual living. The Club itself offers ample, varied recreational opportunities and a sound environment to contribute to their health and well being. In so doing, while not affecting neighboring developments directly, it should have an upward spiraling future effect on the entire community as well. The proposed development adheres to the Cove Communities General Plan. The residential zoning which covers this project assumes 5-10 dwelling units. per acre, in this case allowing approximately 189 units to be built. The Racquet Club units, for this project, total 123 in number, yielding a net density of approximately 6.5 dwelling units per acre. The developer intends to effect continuity and unity throughout the project by using building materials colored and textured in harmony with the desert. Land will be used strictly for residential and recreational purposes, consistent with both zoning and the Cove Communities General Plan. No new commercial, industrial, or agricultural uses will be permitted in the development. This project meets in concept and goals with the Cove Communities General Plan. The Riverside County,Planning Commission. Report on "Cove Communities", dated May 24, 19719 states: -48- "The Citizens Committee Report stated that "tourism" is a mainstay of the Coachella Valley--especially :the Cove Communities--which must be protected at all costs. However, as the Regional Chapter revealed, the actual effect of tourism on the Cove Communities is not known. . .only conjectured. The employment data, though, seems to suppor the Citizen's Committee contentions by disclosing that service and trade industries are two of the highest employment categories in the study area. While these industries are not exclusively tourist oriented, they are closely related to such an economic system;. . . . . . At present, the tourist dollar allocated to the Cove Communities come chiefly from the attraction of private clubs. If the tourist-oriented economic base is to be fully capitalized, however, more public facilities are needed that can attract a .larger segment of the Southern California region's metropolitan population." -49- 5. ECONOMICS The modifications being made to the Palm Desert Racquet Club will have a significant impact on the economic condition in the area. This will result in increased property tax revenues, commerce, employment and demand for public services. Property Tax Revenues The project site is located in Tax Code Area 7505, whose total assessed valuation is $18,771,766 in fiscal year 1972-73. The estimated selling price of the units is about $5.2 million; in addition Tract No. 4545 and the existing recreational facilities would bring the total fair market price to about $6.3 million. The County Assessor determines the assessed value at 25 percent of fair market price. There- fore, the assessed value will be $1.6 million, or 8.5 percent of valuation of the total tax code area. If the development , had been fully improved in 1972-73, it would have generated approximately $161,000 in tax revenue, or an increase of $127,000. Commerce The additional demand for goods and services created by the increased accommodation capactiy for persons desiring rental units will enhance the local economy of Palm Desert. . Based on the Palm Springs Convention and Visitors Bureau report, the total expenditures of the renter--visitor is $67.02 per person per day. This can be broken down as follows: -50- Hotel Room* $26.67 Hotel Restaurants 5.98 Other Restaurants 10.14 Retail Purchases 11.65 Auto Rental-Transportation 1.64 Entertainment-Recreation 6.40 Personal Service .93 Other 3.61 Total $67.02 Based on a renter-visitor occupancy rate of 32 percent, which is the recorded rate at the Racquet Club, the total expenditures per year will be about $770,000. These dollars in .addition to those generated by the owner-occupant will be poured into the economic community from expenditures of the renter-visitor. This in turn will generate more disposable income which in turn will increase the demand for goods and service, thus multiplying the .effect on the economy of the entire area. Employment As of April 1973, the unemployment rate in San Bernardino and Riverside Counties was 5.3 percent. Since this .indicates a substantial level above normal job turnover, it is probable the proposed project would have a small but beneficial affect by providing needed jobs in the area without inducing labor immigration. In the same fashion, it would help reduce outlays for unemployment insurance and public welfare. *Assumes 1.5 persons per room. -51- Total cost of constructing the hotel is estimated at about $5 million. The work will be done in 2 seven month phases. Much of that sum will directly benefit the local economy in the form of wages for the local labor force and materials purchased from local merchants. , Tourism is already the major industry in the _Palm Desert Area. It can be expected that tourism will continue to grow in the areas as people earn more money, receive more free time, retire earlier, and as older people become a larger proportion of the population. The Palm Desert Racquet Club is designed to meet the already existing demand for second homes and recreational facilities and not to create new demand or induce more people to the area. Therefore, the inherent problems associated with seasonal tourism will continue to grow regardless of the construction of this condominium development. Tourism may create some unemployment in the off-season which will be offset, at least in part, by the new revenue generated. Public Services The Racquet Club will generate a demand for public services. These services will include fire and police protection, waste disposal, .schools and other. governmental services. Although this project will place a demand on these facilities, it is not expected to create a burden which will exceed the amount of tax revenues generated._ The County expenses which will be less for this project are: -52- 1. Police protection for the project will be less than the County average because the development will be enclosed. It will have a single entrance, and it will be manned by a security patrol. Police will be called on only in emergencies. 2. Costs of road construction and maintenance will be reduced because all the internal roads are , private. 3. Public assistance, about $118 per person in 1970-71, will be nonexistent in the development, because residents' income will average $30,000 and will range to more than $100,000 per year. People in this income bracket neither seek nor can receive publicassistance and they pay their own medical bills. 4. Even though the recreational facilities are private, the members represent a number of people that the County does not have to plan facilities for. 5. The number of school age children is projected to be well below that of other residential developments in the County. -53- 6. THE ENVIRONMENTAL IMPACT OF THE PROPOSED ACTION There will be several significant impacts, both beneficial and adverse, resulting from the proposed development, for example, increased traffic and associated emissions, and expanded recreational opportunities. To evaluate these impacts, a matrix was devised to quantify and qualify the effect of the proposed actions upon the environment. The matrix and the procedures used to produce it are included in Appendix D. . Physical and Chemical Characteristics Earth As a consequence of the development, the intensity of the land use will be increased. While increasing the intensity, the project will also improve the quality of the development. Land Form. The site has already been transformed from its original native state by residential and recreational development. Some, of the area now in recreational use, that is, the "pitch and putt" golf course, will be put into residential use by the construction of condominiums. Some of the existing landscaped areas will. have recreational facilities and condominiums constructed on them. The land does not contain any unique physical features and since this is not a change in land use, the impact of the project is considered slight. -54- Space as a Resource. The project site has been modified from its natural state by prior improvements, therefore, the open space being evaluated is the existing recreational facilities which can be considered open space. The development's improvements will reduce by 2.5 acres. the open space in the 18A acre site. The urbanization improvements are considered an adverse impact because of elimination of the land and the increased amount of landscaping which will be used is considered a benefit to the remaining open space. Both impacts are slight and limited to the site. Soils Characteristics. Preliminary soil tests indicate soil with excellent compaction characteristics and no stability problems. Therefore, the impact of the existing soils on the project will be beneficial. Water Underground Resources. The contributor to a change in the -groundwater quality will be elimination of the effluent from existing septic tanks when the new construction and existing facilities are tied into the CVCWD sewer system. This will have a slight beneficial affect on the groundwater quality in a limited area. Recharge and Percolation. The percolation which reaches the groundwater basin is a result of irrigating the landscaped grounds. Because the site is currently irrigated, the total amount of irrigation should not change significantly. Salinization. The salinization of the groundwater, due to irrigation, will probably have only a slight, if any, effect on the basin. A certain amount of salinization will -55- occur due to leaching of the soil from irrigation. However, this problem will not be significant because of the size of the development and the small, if any, change in the amount of irrigation. Atmosphere Quality. The Riverside Air Pollution Control District points to four basic sources of potential pollution: (1) dwelling and cooking heat; (2) incineration; (3) by-products of construction; and (4) transportation. Another form of pollution, although not of the eye-and-lung irritating variety but no less intolerable, is noise. To keep air pollution to an absolute minimum, the development will employ natural gas for heating and cooking. Natural gas is clean burning and causes very little pollution. The Palm Desert Disposal Company, Inc. , will haul all combustible wastes to the county dump, thus eliminating incineration. The emissions from automobiles associated with this project are derived in Appendix E and the assumptions used are discussed. In 1975, the emissions from autos attributable to this project will be 24.4 tons per year of carbon monoxide and 3.9 tons per year of hydrocarbons. This will decrease to 22.3 tons per year of carbon monoxide and 3.4 tons of hydro- carbons in 1976 and continue to decrease thereafter. Figure 6 shows the average daily, emissions in Riverside County at present. -56- Another source of air pollution is particulate matter. During construction, the raising of fine dust and sand by grading and earth-moving will be given the utmost attention. This form of pollution can be avoided -- or at least minimized -- by wetting down the .soil thoroughly in accordance with the regulations of the Air Pollution Control District and the Riverside County ordinance for control of blowing sand. Processes Wind Erosion. The attempt to cope with wind erosion and its destructive potential has taken varied forms. Some protection has been provided by land use itself, by vegetation, or by mechanical means: for example, residential developments that cover all soil areas, golf courses, parks, crops, and windbreaks of trees and shrubs. Riverside County Ordinance No. 484, "Ordinance for the Control of Blowing Sand" states,. "Such protection shall be provided by means of windbreaks, walls, fences, planting and maintaining vegetation, applying water or other material, or other effective method or combination of methods of holding the soil in place." The development will employ several means of combatting soil erosion and blowing sand. It will be completely enclosed within a 6 foot wall, which will intercept both wind and wind- blown .sand and dust. All open, unbuilt areas .will. be landscaped with trees, shrubs, flowers, and vines, thus not only furnishing -57- ground cover, but also preventing erosion within the project itself. Throughout the complex mature trees will also serve as a wind baffle. Despite these mitigating measures windblown sand and dust could have a slight negative impact on the residential and recreational buildings. Earthquakes. A major earthquake would have a significant impact on any project; however, based on the DWR report referred to earlier, this area does not have a history of particularly destructive earthquakes, even though such activity has been moderate. The most earthquake- resistant buildings have been found to be a wood-frame structure, not more than three stories high.*. Accordingly, all structures will be of such construction and one or two stories high. They should therefore prove reasonably secure against earthquake damage. All. project construction must comply with the Uniform Building Code, whose standards are based on the earthquake zone in which each particular site is located. Similarly, all grading must comply fully with strict County standards. Adherence to the standards will lessen the chance of severe damage from tremors. *Iacopi, Robert. "Earthquake Country," Sunset Book, Lane Book Company. 1964. -58- Biological Conditions Flora The project site is currently landscaped, therefore, the native vegetation has been removed. The effect of the proposed project will be to improve the quality and diversity of the flora. The benefit derived from the impact will be slight. ' Fauna Because the area is presently developed and landscaped, the additional construction should have very little or no effect on animal life. Ecological Relationships Disease Vectors. The possible incidence of diseases transmitted to man from the flora and fauna of the region has been best described by Ryan: "Plague, tularemia, encephalitis, rabies, and other human infectious diseases are maintained in many California wild mammals, which act as natural reservoirs of infection; but we do not yet know to what extent such zoonoses (animal diseases transmissible to man) may be present in mammals inhabiting the deserts of Southern California."* *"Mammals of Deep Canyon," by R. Mark Ryan -59- Food Chains. The development will produce only a slight impact on the sources of available food, because the site's natural food chain has been eliminated. The increased landscaping will provide additional food supply, but it is . doubtful that the land currently supports a meaningful amount of life. Salinization of Surface Material. During irrigation of landscaping, salts presently in the soil will be leached, thereby reducing the soil's salinity. Although this is a benefit, it is considered slight. Cultural Resources and Conditions Existing Land Use Activities Transportation. The project will utilize a new entrance onto San Luis Rey Drive opposite Juniper Street and the existing entrance onto Portola Avenue. Of the 123 units within the project, 16 units will use the Portola entry and 107 units will use the San Luis Rey Drive entry. There will be fire entries off the golf course to the south near the clubhouse. To determine the maximum vehicle trips per day from. the project, full occupancy is assumed with 7.3 daily trips per dwelling unit. 7.3 daily trips is in accordance with the "Palm Hills General Plan" and is in agreement with -60- the Los Angeles Regional Transportation Study for units with two cars. This value is probably high for the project, since all the condominium units do not have two cars. Using these assumptions, the maximum number of vehicle trips per day associated with the project will be 781 trips via San Luis Rey Drive and 117 trips via Portola Avenue. The assumed design capacity for San Luis Rey Drive and Portola Avenue is 600 vehicles per hour per lane.* If the peak hour represents 14 percent** of the daily volume, the daily capacity of these streets is 8600 vehicles per day. The existing traffic volume during the peak season, obtained from the Riverside County Road Department, was 1750 vehicles per day on January 13, 1970, on San Luis Rey Drive and,was 4600 vehicles per day on February 8, 1973, on Portola Avenue. Superimposing the generated traffic on the existing traffic flows shows .that the capacities of the streets are not exceeded during peak season conditions. • Alternative designs of the main entrance onto San Luis Rey Drive were studied to mitigate congestion. By retaining the main entrance at the intersection of San Luis Rey Drive and Shadow Lake Drive, the tendency for traffic to travel west on residential streets to Highway 74 would be reduced. *Source: "Fundamentals of Geometric Design" by Maynard Glass, U:C. Berkeley, 1963. **Source "Mathematical Approach to Estimating Highway Impact on Air Quality". California Division of Highways, Materials and Research Department. Fourteen percent assumes normal home to work peak. -61- However, because of the 45 degree angle of approach of Shadow Lake Drive to .San Luis Rey Drive, the view to the south is difficult and would present a traffic safety problem. If Shadow Lake Drive is realigned to provide a right angle intersection with San Luis Rey Drive, it would be in approximate alignment with Joshua Tree Street. The tendency for traffic to use this residential street would not be eliminated and traffic out of or into the project. would be required to make two right angle turns in close proximity of each other. An entrance onto San Luis Rey Drive at the southerly boundary of the property would join San Luis Rey Drive on a curve. This would produce problems with sighting oncoming traffic and difficult angles of approach for automobiles entering San Luis Rey Drive. This would also .constitute a traffic safety problem. For these reasons, the entrance onto San Luis Rey Drive opposite Juniper Street is the most desirable location as it eliminates the traffic safety problems associated with the other locations and provides the best solution for traffic. within the project. Street signing within the Racquet Club will help guide the residents to Palm Desert Center and reduce traffic into the surrounding residential areas. -62- Members of the staff of the County of Riverside Planning Department have concurred in this analysis. The development will benefit the transportation system by improving San Luis Rey Drive and the proposed entrance road where they join so they will meet County Standards. This can be considered a slight benefit because of the small segment of the entire street system which will be upgraded. Utilities and Services. The development will create a demand for increased utility and public service. The respective agencies have been contacted and it does not appear that the development will place an undue strain on them. Their long-range planning projected such develop- ments as this; they accordingly provided sufficient facilities to meet anticipated future needs resulting from growth. Improvements Structures. The existing tennis clubhouse, dining clubhouse swimming pool, and condominiums will be improved by this project, both functionally and aesthetically. The existing maintenance buildings will be demolished. This will have a beneficial impact on the Club and the surrounding neighborhood. -63- Intensity of Land Use Population Density. and Size. The land currently supports recreational and residential development. Although the development will increase the intensity of land use, it will still be in harmony with the Cove Communities General Plan. Thus, the impact on the intensity of land use will be only moderate and limited to the project site. Land Tenure and Ownership Zoning and General Plan Requirements. The development has been designed to meet all applicable codes and complies with the goals of the general plan formulated for the area. Interrelationship of Land Use Environmental Health. "Health' , says the World Health Organization, 'is a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity. If ugliness -- the least human physical environment --- contributes to emotional breakdown and mental illness, it is an environmental health problem just like sewage-contaminated water." The Racquet Club will provide the resident and the surrounding area with an atmosphere conducive to good environmental health. It has been planned carefully to offer maximum attractive, comfortable, pleasant living conditions, recreational facilities and ample open space. *"Community Health Services". Harold Herman and Mary Elizabeth McKay, U.S. Public Health Service.. -64- It is believed this will be a significant benefit to the environmental health of the development's residents. However, this benefit is limited to the development. Land Use Patterns. When the Racquet Club (formerly a part of Shadow Mountain Country Club) was built, it was one of the few developments in Palm Desert. Since then, the surrounding area has been developed with single family houses and condominiums. The proposed project will conform with .this residential characteristic and will further the low density land use pattern. The project has a low density, only 6.5 units per acre and will utilize extensive landscaping. The benefit to, the land use pattern was assigned a low magnitude due to the size of the project in relation to the total community and•of moderate importance since it affects the adjacent homeowners and the community. Congestion. The. Club with a density of approximately 6.5 units per. acre will ,not create a congested living environ- ment'. It has been argued that any development will create congestion. It is also true that any increase in population in this area is the result of a decrease in another area. For those persons using the Club as a second home, they will be able to escape the congestion of the Southern .California -65- . . . coastal areas and other metropolitan communities. Although the magnitude and importance of the impact on congestions are considered low, they are. nonetheless considered a benefit to the environment. .Economic Demand for Residential Land. The economic demand for residential land will increase with increases in population. The Cove Community Preliminary General Plan projects a population of 81,000 in 1990. This growth will require an additional 13,700 acres of developed urban land, assuming the incremental development concept is implemented. The Racquet Club will satisfy part of this demand. This benefit is considered of low magnitude and importance since the project will constitute a small percent of the total demand Economic Demand for Recreational Land. The Racquet Club will indirectly affect the demand for recreational land. Although it will not provide recreational facilities for the general public, it will .provide them for its residents and members of the tennis club. Since the residents will not require the use of public facilities, they will not increase the demand for recreational land. In relation to a project which does not provide recreational facilities, this development is benefiting the demand for recreational land. The benefit was evaluated as low magnitude and importance. -66- Social and Other Inclusive Factors Life Style: Health, Physical and Emotional; Comfort Enjoyment. These cultural conditions have been grouped together because the development will provide the residents the maximum in life style, that which promotes comfort, pleasure and physical and emotional health. According to the Journal of Urban Planning and Development, "The pressures of urban life are released in, open spaces and the beauties of nature are an inspiration. . .. .". The Club has been designed with an abundance of open space, recreational facilities, and green belts to afford both the second-home owner and the permanent resident a relaxed environment in a scenic setting. While providing this atmosphere to the resident, it is not detracting from the views of the surrounding properties. The low profile of the Club will be designed to be consistent with the desert building .theme and to have a minimum visual impact. The benefits will be significant in magnitude, but low in importance because most of them will directly affect only the project and only indirectly affect the surrounding community. -67- Archaeology. The University of California at Riverside, Archaeological Research Unit was notified of the proposed project. Since the site has been previously developed, they do not believe an extensive survey is warranted (Appendix C ). However, if during the grading of the project any artifacts are uncovered, the Research Unit will be notified. Landscape Design and Architecture and Aesthetics. Again quoting the Journal of Urban Planning and Development: "Aesthetics and beauty (are) essentially needed to promote a source of escape, relief of tensions and spiritual wonderment. .". The existing structures of the Palm Desert Racquet Club are deteriorating and without extensive .improvements will begin to blight the area. The proposed project will rejuvenate these buildings and the landscaping. The developer has taken great pains to ensure the quality of the development. An architect has been employed to develop the best architecture and landscape plans for the Club. The benefit of this planning is of significant magnitude and of moderate importance, not only to the residents of the development but also to the entire neighborhood. Noise Levels and Vibrations. There will be two sources of noise and vibration: one will be the noise during construction, however, mitigating measures will be taken to minimize its effects by limiting construction to daytime hours -68- and muffling vehicles. Although these measures will be enforced, there will still exist a moderate negative impact. However, it will be limited to project site and immediately adjacent properties. Another source of noise will be the development itself. Although the noise will be only those associated with residential developments and therefore acceptable in a residential area, specific design measures have been incorporated into the design of the development to lessen the impact. The units have been so planned that there will be no long straight corridors that. can transmit sound, and they face onto open areas, not other units. Walls between units will be thoroughly insulated to deaden sound. Streets and recreational areas will be private, thus limiting both their use and noise resulting from their use. Furthermore, walls surrounding the recreational areas will lessen noise levels still more. Since the entire development will be walled, neighboring homes will be shielded from any noise emanating from the development. Traffic noise will be minimal because the develop- ment's streets will be private and their configuration will compel automobiles to travel at slow speeds resulting in less noise. High speed travel causes substantially more noise due . to sound from tires and wind.* , The sound levels anticipated * "Sound, Study, Route 210 Freeway in Los Angeles County", California Division of Highways, Engineering Services Department, October 1972. -69- from traffic in the development are shown in Table 4 . The 40-to-50 decibel, on the "A" scale (dbA) , level is compatible with residential neighborhoods. Privacy. The development will be walled to ensure the residents complete privacy. Other features of the project to provide privacy include: 1. Private entrances to each condominium, 2. Patio areas within the walls of the dwelling area, and 3. Generous landscaping between buildings to screen them from each other. Public Controversy. Another development plan was previously proposed for this site. The original project was also in accordance with the Cove Communities General Plan, and the staff of the Riverside County Planning Department recommended its approval. However, the plan resulted in some public controversy. Letters of protest are included in Appendix F. In an attempt to satisfy some of the problems outlined in those letters, this project has been extensively redesigned to provide mitigation measures for those features that resulted in controversy. The total number of units has been reduced from 167 to 123. This will result in a reduced population and density and thereby reduce the impact on community services. -70- TABLE 4 . TYPICAL SOUND LEVELS IN DECIBELS ON "A" SCALE NOISE SOURCE ENVIRONMENT 50-HP VICTORY SIREN (100') -140- F-84 AT TAKE-OFF (80' FROM TAIL) HYDRAULIC PRESS (3') -130- LARGE PNEUMATIC RIVETER (4') BOILER SHOP (MAXIMUM LEVEL) PNEUMATIC CHIPPER (5') -120- MULTIPLE SAND BLAST UNIT (4') ENGINE ROOM OF SUBMARINE (FULL SPEED) TRUMPET AUTO HORN (3') JET ENGINE TEST CONTROL ROOM AUTOMATIC PUNCH PRESS (31) -110- CHIPPING HA1 1ER (3' ) WOODWORKING SHOP CUT-OFF SAW (2') 1 INSIDE DC-6 AIRLINER ANNEALING FURNACE (0) -100- WEAVING ROOM AUTOMATIC LATHE (3') CAN MANUFACTURING PLANT SUBWAY TRAIN (20') INSIDE CHICAGO SUBWAY CAR HEAVY TRUCKS (20' ) TRAIN WHISTLES (500') - 90- INSIDE MOTOR BUS 10-HP OUTBOARD (50') INSIDE SEDAN IN CITY TRAFFIC SMALL TRUCKS ACCELERATING (30' ) - 80- LIGHT TRUCKS IN CITY (20') OFFICE WITH TABULATING MACHINES AUTOS (20' ) HEAVY TRAFFIC (25' TO 50') - 70- AVERAGE TRAFFIC (100') CONVERSATIONAL SPEECH (3') ACCOUNTING OFFICE CHICAGO INDUSTRIAL AREAS - 60- 15,000 KVA, 115 KV TRANSFORMER (200' ) - 50- PRIVATE BUSINESS OFFICE LIGHT TRAFFIC (100') AVERAGE RESIDENCE - 40- MINIMUM LEVELS FOR RESIDENTIAL . AREAS IN CHICAGO AT NIGHT - 30- BROADCASTING STUDIO (SPEECH) BROADCASTING STUDIO (MUSIC) WHISPER (5') - 20- STUDIO FOR SOUND PICTURES - 10- THRESHOLD OF HEARING - YOUNG EARS - 0- Source: Division of i nnn ,...� ... . .. . . . All studio units have been eliminated. There will now only be 14 units of less than 1,000 square feet. The remainder will be one and two bedroom units of more than 1,000 square feet. This is compatible with the adjacent residential area and should alleviate fears that this project would decrease adjacent property values. The original number of two story buildings to be constructed has been reduced from 17 to 6 buildings and are now located so that none are visible from the north or from San Luis Rey Drive. Line-of-sight studies. are .included in Appendix B. Therefore the appearance of the project will be compatible with the neighborhood. The new tennis courts will not be lighted. Further the existing courts will not be lighted after 10 p.m. This will prevent excessive night time play and disturbances to neighboring residences. The number of swimming pools have been increased. Concern has been expressed about the additional service personnel required by this project and their impact on the area and the unemployment problems of these service personnel in summer months. As of April 1973, the unemployment rate in San Bernardino and Riverside Counties was 5.3 percent. This is substantially above the unemployment related to normal job turnover. Therefore, this project could .have a beneficial affect by providing jobs for these people without inducing labor immigration. This would reduce outlays for unemployment insurance and public welfare. -72- Economics Revenue and Assessed Value. The assessed value of the completed project is estimated at $1.3 million, based on the . current anticipated selling price and with no escalation in value. The assessed value would have produced about $133,000 in tax revenue during the 1972-73 fiscal year had it been then in existence. The impact is of low magnitude and significant importance because it will affect the entire County. Marketability. The marketability of the development has been studied by consultants to ensure the developer that he will receive a reasonable return on his investment. The development will benefit the region by making available additional recreation facilities that will help meet the growth demand. Public Service Costs. As previously described, the demand for public service will be less than alternate land uses, however, the rate at which this project is taxed will be the same. Therefore, the impact on public service cost will be a positive one. Investment. Two economic investments will be affected by the construction of this project. One is the investment made by the developer. If he provides a development whose advantages outweigh the disadvantages, as is the case here, he should be allowed a fair return on his investment. -73- The second investment are those made by the State, the community and neighboring property owners. The State has made and will continue to make large investments in recreational facilities. These facilities require the development of related projects to optimize their potential benefit. By not permitting well planned, complimentary projects, the State will be hindered in its attempt to provide adequate recreational facilities. The community has invested in capital facilities to furnish services on the assumption that the property will be developed in conformance with the General Plan. If this development is not consummated, it would place a heavy economic burden on the current residents to pay for their investment in those capital facilities. Moreover, many individuals have invested in land in the area on the assumption that the development will take place and their investment will then grow as the area grows. A reduction in growth permitted by the General Plan would jeopardize their investment. Hence, the development will have an impact of significant magnitude and regional importance. -74- 7. UNAVOIDABLE ADVERSE ENVIRONMENTAL EFFECTS The adverse impacts resulting from this project are those associated with any development in this area. The impacts include the intensification of land use, use of building materials, and resulting congestion and traffic generation. The projected increase in recreational demands will result in increased pressure for more development in the Palm Desert area. To limit the adverse impacts, a logical building program must be maintained to prevent "leap-frog" development. The location of the project appears to be a logical placement as it is in an area which has already been developed. -75- 8. MITIGATION MEASURES PROPOSED TO MINIMIZE THE IMPACTS These mitigation measures will be taken to reduce the impact of the development on the environment: Construction 1. Its construction will be as rapid as possible so as to have as little impact as possible on the environment. 2. Emissions from construction equipment and burning will comply fully with California and Riverside. County Air Quality Standards. 3. All construction will be carried out so as to avoid danger to the public. For example, trenches will be fenced off to protect pedestrians from falling into them and to warn autos. 4. All construction wastes will be removed from the site in an acceptable manner. All applicable standards and guidelines of the State Department of Health and all other regulatory agencies having jurisdiction will be obeyed scrupulously by the contractor. 5. Construction will go on only during. the daytime, when surrounding background noise levels are high. 6. The regulations of the Air Pollution Control District and the Riverside County Ordinance for dust control and control of blowing sand will be followed by the Contractor. 'This includes wetting down the soil. Noise, Privacy, and Vistas 1. A walled community. 2. Alignment of living areas opening onto open areas. 3. Private entrances, and enclosed patios. 4. Functional landscaping. 5. Elimination of long corridors between buildings so as to lessen transmission of sound. 6. Provision of open spaces, green belts. 7. Limiting use of streets and recreational facilities to residents and guests. 8. Isolation of central recreational facilities. 9. Landscaping all swimming areas to reduce noise. 10. Lower density than maximum allowed by General Plan. 11. Two story buildings not visible from the north or San Luis Rey Drive. 12. New tennis courts not lighted and lights on existing courts automatically turned off at .10:00 p.m. 13. Ample recreational facilities. 14. Improved main entrance to avoid traffic congestion. Adherence to Standards All building, planning, flood control, and zoning codes will be followed to insure the highest standard of construction. This will minimize the effect of earthquakes, erosion, and flooding. Also architectural standards will guarantee an aesthetic environment to neighboring property owners. -77- 9. ALTERNATIVE TO THE PROPOSED PROJECT There are six alternatives of developing this property: 1. Higher density condominium development. 2. Lower density. 3. Single family homes. 4. Apartment complex. 5. Commercial, industrial and/or manufacturing. 6. No development. Continuation of present land use. Higher Density Condominium Development Any disadvantages that might result from the present proposed project would be increased greatly by one having a higher residential density. The traffic, noise, and burden on public services would be increased in proportion to increased population. Furthermore, there would not be a corresponding, proportionate increase in life syle, enjoyment, and investment. This type of development was initially proposed for the site and resulted in public controversy. The sole benefit such a project could provide might be increased tax and commercial revenues. Lower Density Condominium Development All the benefits of the proposed project accrue to this type of development plus the benefits of a lesser population, less traffic, noise, and burden on public services. Due to the value of the land and the cost of improving the existing facilities, any significant reduction in density -78- would, in the judgment of the developer, render the project uneconomical. Lower density is therefore equivalent to a "no project" alternative. Single Family Homes This type of development would be single family homes on individual lots with public streets. Since a lower density could be planned, the burden on some public services would be less and less congestion might result. This develop- ment would require elimination of the existing facilities on the site with the loss to the owner of his investment in these facilities. There would be an increase in the demand for public facilities, such as recreation and schools. The demand on the County Road Department and Sheriff's Department would increase substantially due to the fact that the streets would be public and not restricted. The life style provided by such a project would not be as high as the proposed project. There- fore, the value of the homes would be less and would generate less tax revenue. Due to the nature of such a development, there would be more people per dwelling unit, and thus a reduction in the number of dwellings would not necessarily decrease the total population. Also this type of development would attract the permanent resident. The marketability of such a development is questionable. Since many persons buying in this area are retired or .looking for a second home, the loss of maintenance which would be required by the proposed project is a major influence in purchasing a condominium* *Source: "Analysis of the Palm Springs Condominium Owner" by Palm Springs'Convention and Visitors Bureau. -79- Apartment Complex According to the Cove Communities General Plan, the site will accommodate a maximum of about 10 dwelling units per acre. On this site an apartment complex containing somewhere in the neighborhood of 189 units would be possible. Maximum development is dictated by the high costs of prime land such as this site, which could also influence the quality of the project. These high land costs would require high rents. Assuming that these are luxury apartments, having dwelling unit areas of 800 - 1200 square feet, and assuming a building height of two stories, the amount of building area coverage would reduce the amount of open space and recreational facilities afforded the residents. Further, the marketability of apartments in Palm Desert is questionable. Apartment usage would result in increased traffic and congestion, with an accompanying increase in pollution. Also, due .to the higher population, there would be an increase in demand for public facilities, such as schools, and an increased demand on the County's Sheriff and Road Departments. The noise affects of the project on the surrounding area would be greater, or at least matching those of the development proposed. A with the single family type of development, an apartment complex will attract permanent residents, .thereby potentially increasing the demand on public service. -80- Commercial, Industrial and/or Manufacturing Development . . The single benefit of such development would be the fulfilling of an economic demand for commercial, industrial and/or manufacturing land, should such a demand exist or arise. This would be accompanied by an increase in tax revenues, possibly above that generated by the proposed development. Disadvantages of commercial, industrial and/or manufacturing development arise principally from its non- conforming land use. It would be incompatible with the surrounding area and with the General Plan. There would probably be a significant increase in noise, vibration, and traffic; accompanied by additional air emissions, other than those from automobiles. Also, such land use would likely cover a. greater amount of land area, i.e. , with asphalt pavement, concrete, etc. , thereby reducing percolation and increasing surface runoff. -81- No Development; Continuation of Present Land Use This alternative assumes that the property will remain in its present state. All the benefits of the proposed development would be lost to the community. There will be no satisfaction of demand for urban land, but since urbanization will continue, to occur, other projects will be needed in other areas with perhaps more disadvantageous environmental impacts. The existing buildings which are deteriorating will not be improved and their value will continue to decrease. Not only will the developer lose his investment, but more importantly the community and the surrounding property owners could suffer financially. Money has been invested on the assumption that growth will. take place in accordance with the General Plan. If this growth is stunted or stopped altogether, it could place an economic burden on the entire community as well as on the developer of the project site. Analysis of the Alternatives After evaluating all the alternative land uses, the proposed development appeared the most desirable. It offers the best ratio of benefits to disadvantages for the entire community. The development will provide a clean, healthful, beautiful environment without taxing public facilities, while at the same time ensuring investors a sound rate of return on their money. -82- 10. RELATIONSHIP BETWEEN LOCAL SHORT-TIME DISRUPTION AND LONG-TERM PRODUCTIVITY The Palm Desert Racquet Club is designed to provide the resident with a beautiful and healthful environment. The project will replace or improve the existing deteriorating buildings and replace it with an attractively landscaped setting and a commercial development which will benefit the City's economy. The growth of Southern California has created increased pressure on resort areas and recreational facilities. Palm Desert; a prime resort area, has experienced this pressure. The major attraction of the area is the warm winter climate and abundant sunshine and the desert environment. Thus the intensification of land use on the 18.9 acres surrounded by development is not as significant as the benefit of increased accommodations for meeting the demand of persons wishing to enjoy the desert environment. The nature of the development is such that it will be maintained as an attractive part of the landscape over long-term considerations. Its high quality and design for serving the executive, upper-class residents will .insure its maintenance as an attractive and productive part of Palm Desert. -83- 11. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES The land for this development, usually the major resources committed to a project, has already been committed to urban uses. This project is an intensification of an existing land use resulting from the location of the site, the demands for facilities such as this, and zoning require- ments. The -type of development which this project represents is justified by the demand for its services and ,the environmental costs created by its construction will be borne in part by the guests who have demanded those services. Other commitments are the resources involved in the building materials themselves. This involves an irretrievable commitment of these resources which is characteristic of all structural developments. The future supply and avail- ability of building materials is dependent on proper planning at the governmental level. -84- 12. GROWTH INDUCING IMPACT OF THE PROPOSED ACTION The proposed development is designed to satisfy a demand and not with the intent of creating a market. A development of this type will draw people into an area due to its quality of service and convenient features. However, it is the environment of Palm Desert which is the primary attraction while residential facilities are a secondary consideration. The increased capacity of the area to accommodate residents will cause increased pressure on existing service facilities, .inducing more growth. However, the impact of this consideration is expected to be overshadowed by the ever increasing demand for recreational facilities which prompted this development. Proper planning will insure that future development takes place in an orderly fashion and that Palm Desert will remain an attractive resort area. -85- APPENDIX A CONCEPT MAP -86- LW • � 1'• .c.'i// 1��9�k� ♦ ���� A�1 r�?,iy.►'6 as-0.rw� art r �a ..a+� "-.lvA��� �►+`� �'. Qy'�+I�� ^'�.,�J WAIitfi _ s-lt� 1 I�P�. • ?���� ►���,���"!► r7 „ram r�� ",�� I� D ����174`�,•tylrj� ��1 , i', >� J ��s � !� , \ �,�y.� ��re�. ,��•��, � �yj'� 1w,,el 'y�,- ��`p,��,h�„/n,�. N .�t I+ L•� � .��„ y /G` •' �/. �y I.o � .";�r�',,�� "'fix�' , a« '�• '� � (1. � ram;': la �; w�. s.,•u t• �i.�-� a. at ��I�`cP.I;j'���gl'I�JA•ylu{.�1w1��M�71G ,�� l�i�%�. � Ft..c' S�,I���° �� I� -0111. I'll' IY!! 5•� III. � 1�,A ,� s — •���Imm!,,Iil�iNllu!� �!�IIIHPRP UI9611111119d _I~�'��`� � Fig,; IF 11 P, Me ��' ����'�`- ►..Air'•�P.�' � � 63. APPENDIX B LINE OF SIGHT STUDIES -88- I� Qi i I } N i C I f I \ A 5 �I l -89- APPENDIX C ARCHAEOLOGY RESEARCH UNIT LETTER -90- UNIVERSITY OF CALIFORNIA, RIVERSIDE BERKELEY • DAMS IAVINE LOS ANCELES RIVERSIDE • SAN DIECO • SAN FRANCISCO o �_ SANTA BARBARA • SANTA CRUZ •5 , DEPARTMENT OF ANTHROPOLOGY RIVERSIDE,CALIFORNIA 92502 ARCHAEOLOGICAL RESEARCH UNIT June 11, 1973 RECEIVED J U N 12 1973 ALBERT A. WEBB ASSOCIATES Albert Webb Associates CIVIL ENGINEERS 3788 McCray To WO Riverside, CA 92506 . FILE_ Gentlemen: Pursuant to our earlier conversation regarding the proposed construction at the Palm Desert Racquet Club, may I offer the following: The proposed condominium additions to the Palm Desert Racquet Club will occur in an area which has been previously developed for recreational use. The area to be affected by the proposed construction is largely dominated by a Pitch-and-Putt Golf Course and associated facilities. Since the previous land development severely altered the original contours of the land, we do not believe that any archaeological or cultural values will be adversely affected by the .proposed condominium additions. If, however, in the course of further ground work, Indian artifacts are discovered, the .University of California at Riverside should be contacted without delay. Yours sincerely, Philip J. Wilke Senior Survey Archaeologist PJW/ac -91- APPENDIX D ENVIRONMENTAL MATRIX -92- ENVIRONMENTAL IMPACT EVALUATION MATRIX 1. The characteristics and conditions of the environment are listed on the vertical (left) axis. 2. The activities and facilities of the proposed project which may cause an impact on the environment characteristics are listed on the horizontal (top) axis. 3. A diagonal line is placed in the box which corresponds to the column of the activity and the row of the characteristics which are impacted by that activity. 4. In the upper left triangle is a letter denoting the magnitude of the impact. A positive letter indicates the impact is a benefit. A negative letter indicates the impact is a disbenefit. The following tabulation is an indication of the relative magnitude denoted by each letter. Magnitude of Impact Magnitude Benefits Disadvantages (Positive Value) (Negative Value) Low L Slight Slight Moderate M Current situation is within The disadvantages do not place the tolerable limit and project characteristic beyond the toler- will provide some benefits. able limits. Signifi- cant S Current situation is beyond The disadvantages would place the the tolerable limit and the characteristics beyond the tol- project will provide mitiga- erable limits, mitigation tion measures to bring with- measures or alternatives are in the tolerable limits, necessary to reduce impact. -93- 5. In the lower right triangle is a letter denoting the importance of impact. The following tabulation is an indication of the relative importance denoted by each letter. Importance of Impact Importance Impact is of significance to: Low L Persons adjacent to property only Moderate M Surrounding community Significant S Region or state 6. No two boxes in the matrix are considered to be equal or comparative. The evaluation of the impact of one action on an environment characteristic is unique and an independent of any other evaluation. The values are not relative; therefore, a summation of values will not give the total cumulative effect. 7. An 'Tt" in a box notes that mitigation measures will be taken; these measures are described in the text. -94- 2 m 6 N Ua�5 3573$-377Y'Z'Q"�a"33 O N 6 H w " SUP y oTlelaua U V ?no ya �3TL"IT'zu3jj5F ;o uo?]e]1geH z 0 H O H o a u?Pea J J w K J N F Z N 9z vlanoo uua J ZP Pi a anon ;log 4J¢ ?e?auap?saN t 3uawaA01 m uo?iez?uegn J X I 1 � z O F u? eospuul Q H (a� uo 3eag7A pueas?oN a w u;ned ao aae;ans 00 uo?ae ?all a eu?eaa ;o uo?leaaaty lalum punoao ;o uo?leaaa?y IvZlqeH ;o uo?4ea?3?PoW M mp W C w y 9 4 O N o C O H 7 V M V U m C w m .o fi •O 4 C O Y •� > m M C u G u M T y w o Y d V m u u Q. .o+ s W ->+ C o C o m .+ O ' 6 an d O .+ O U 'O W u O t 4 C m 4 E M C m d u y 4 4 u C d .V+ 4 u C o y d d d C > d d W w 4 V .oi .- 9 .O L d 0. poi .di 9 Y m d •.Oi m U O u Y C C $ 3 7 m CN •.WA W W m u O •• u d 'O W o 'o u d u 4 M C m t 7 .+ w d 4 T m OD C K d ~ •.� d m W d d m M V V m 0p 4 4 m U d u U OD 4 7 �� Y� d .+ 4 U d � W pe m W C M 44 d .d o .+ C 4 W o G m C W C 4 4 •p [? Vo 4 m 4 4 O 'a C d d C m O F J 0. 7 .-' W O •C+ 4 V S P. O t O U U HaaYa 1i3d.Y?l 3s3Hdsa2y SOIISIN3SOYM3 1YOII43HO oNY TVJIS1IItd -95- -96- BIOLOGICAL CONDITIONS PHYSICAL AND CHEMICAL CHARACTERISTICS FLORA. PROCESSES yy no 7 C) N ry N N 0 M H1 0 7 A O m 7• H a ro n O O O m m < H •1 O m H m H < m re K Om mO on , r: Nrrt m 0 O o - m 0 j. IdD o o M m e o o o a r o n o m 1+ m O a• n a 2 7 O. m �O. a n n n n S r �n. C �^,• n m a K m ^ O a M P a m m Kl � a m m Y gH •F1 T m 1+ n m Modification of Habitat Alteration of Ground Water Alteration of Drainage Irrigation 09 MM Surface or Paving9,y Noise and Vibration H Landsca in o r r+ z Urbanization m --------- Residential Structures 3 Recreational Structur a a Colf Course o _ H Tennis Courts z N Z Lakes H N �m radin C H O y Z H C Z 1 Habitation of Dwelling U,� Vehicular Movements Generation of Co o F Use of Consnunity Services z 0 Use of Off-s y m •C'L Facilities a N no Use of On-site Recrea tion FacilitiesS H H a m a, N 0 zw z a a sa7l11Pea UOTieaaaay ails-uo To asn o `n a eaT1TlT�ea z ., W uolleaaoag 0379-33O 30 asn z saolnaas Allunawwo ;o asn o alaa=oo To uoTleaauao sluamanoW aelnolgaA 91Tun BuTTlama ;o uoTieiTgBH -- z 0 H 0 O U suTpea!) O y H sa�eZ z cw,z sl.inoo sluuay F u ez - .asanoo 3Too z S a saanlonals leuoTleaaoaH saan1on31s 1811uePTsald luamanoadml uoTlezluegan z o suTdeoepuvj ca! uolleagTA pue asloN in w Sinned ao aae;ans o uollesTaai -1 aseuleao ;o uoTleaally _ aalep punoao ;o uoTieaallV le7TgeH 30 uolleaT3TPOW ■ u • c Y w ■ U Y U N m u w u C L v ■ 7 q•q Y ■•.h1 d W M Y C e A -•.au g eo C • ~ • V F •Y.r • D •.Ci 'O O W C W i Y � C� ] N myg U m S • O OO U V ■u ..CI ..� ..� O to • O C Y w O O 6 •O ..ui w y eC y • Y C .0 O o C A m u 0 m t OO 7 v 0 0- O Y • • • O � .+ • O o u. . +. c v c m .. m u a .. . o • a • o a c u m m o h o u a w c • -C • p o 3 U m ■ • c U O N u • O c O 4 O w C ■7 v 9 m W h d •k h •.� u C h • O G _ v h v h C F U h h A ■ O • O • m C •.� m d C m O m Y U m 7 O • C U V sq 0 w W H S � Ca U pC aL W M W O A W 14 vNnva salitmuvmm 11IJ7:10'iO08 -97- z W 6�+ a F.� GOI III IDell a> u uolleaa:)aa a37s-uo ;o asp 0 z a sa171113e3 uolleaaoaa ails-;;a ;o asp W z saa7naaS 677un=op ;o aepo aoaa=oo ;o uolluaauaO . sluamanoH aelno7yaA sllup Bulllama ;o uollellgeH z 0 N$F o 'ya r ulpeaD owa sa)leZ F go slanoo sluuay asanoD ;lop. f]O z a saan»nalS leuolleea—a saanlonalS 1e77uap7saa 4udwax z O ul eospue1 F uo7leaglA pue auloN M W H u7Aed ao aoe;anS �a o uo7le Taal al5uule.la ;o uolleaally aaleM punoao ;o uo7laaa3lV jvjjqvH 10 uo77eo ; poH m u o M u , u p, H u u W d o m N d g Y m M Co m G m o u o m M d ee d m 1 N .di W Y o > u 3 ~ d M C v W C u u an d m p of m v G O Y C m m F V C u o m o m N m o m m O 6 m m w 9 O o f p a d o C U 1+ O M M d U m m M .� 7 w� o 4 m y C d n u Y u u V ydg N N ..� 3 1 .1 M 7 Z N U m m d C_ .T. W W W u d w oG w N G 3 — r o as L) c19a fn c c m U U SHMAI13V asp aNY1 ONUSIX3 SNoLliciKoo amv saoanosaa 1 Wl IM3 —98— �W a� saT7TIToe3 o ' uo;leoaoag a7Ts-u0 ;o asn �'a eaT3TlT�s3 z� `� uo;leaaaay 575-;;O ;o asn W z saOTnaaS 37unumo:) ;o asn 8 aoaawmo0 ;o u013eaauap 93uamanoN aelnz)Tyap 5 37 un uTTIDma ;o uollelTguH J z 0 E4 z H O na O� uTpeao wa N H safe'( Z N Z s3anoD sTuuay � z asanoo ;Too S saan33na3S Teuo73eaaoag J saan3ona3S Te73uapTsay J zuaulaAojdwj uollezluegan z 0 H u; easpue7 wuo73eagTd pue asION. w a a w uTned ao aae;anS 00 � � uo;3e Taal a euleaa ;o u013eaa3ly aalum punoao ;o uoT3eaa3IV 3e3TgeH ;o uOT3e3T;7poN d m u m 4i u u � w .~i N 4 m • V Y d N C 'MO • W 7 u O gg u p CO Y u .>i u u Co m M C w u N u w d C d L �•1 d M m O > E5 .•1 u O • W w 4 c c •.>i 4 v N O L w G O C d m u C m M 7 C A Y q 9 W C 4 > u y A 4 A • V u V C v o G O •0 o a m .ui d G e. T m d M •i 4 O d •+ 9 L 4 ~ • O C •O v m u w o w u m .� o o w o d O m Y .0. 6 m M d A G a) • u V O w O F O m C G C 4 . 4 O C • • .+ C a 0.V m d w C •Oi H •.Oi O m A C [f .+ C d �f A .Oi C U p1 M C 7 O u U u u u M E • V d E C o O p4 9 Y " p d m d O H u d O A A 7 u CC Y Y C O 7 S m .1 • 6 7 4 L U 4 q d .r d m 4 C f' A 4 4 • • > m E C U u 3 u •.+ O �. > > d d .•� N d 9 G d d C C O G d A•d 4 M O > C Y •p > G e > > C • C d y C O e: U M pG M 9 u A 4 q C O G O O O 4 O C 4 U C O A C N 2 H M. Z V1 W 4 H U N w W () W A 6 V C O U U S.LN3H3A03aNI asn aNVI alHSH3NNo aNV S3sa ONVI ao d0 3Nnwi.L aNV1 SdIHSHOILYUU3.LNI MINT —99— �H ea}]liloe3 Q> � uo}]eaioay a]}s-up ;o asp uo}]eaaoay ails-;;p ;o asp W z saolniaS 6]}un=oD ;o asp u8 a>iammop ;O UOl]elauaD s]UamanOW JvinO}gaA s]}un 8u}}lan0 ;o uo}]e]}quy ut z 0 �o 8u}peap H H saKel os]inoo s}uual F U o 3} 9 o asino 0 sain]ona]S leuo}]eaioay sain]oni]S Ie}iaap}say ]uemanoadml uo}]ezluegin z H 8uldeospuel S c4! uol]eigIA pue as}ON J o8u7Aed io aoe;inS 20 U013e8113I aseu}aap ;o Uo}]eia]lV ia]eM punoip ;o uol]eia]lV ]e]lgeH ;o UO}]eJ};}pOR F m u r V r J 0 V u u u T• N r W m ~m C O 0 e o u 0 v 0 v m r X O N C P C w c r d F C 6 T a+ w 0 N ~ O Y W Y V •.1 Y N O u L N O ~ V > > V 0 > m > C c V > m V M Y Y Y > •.1 C T C 0 0 O O U U C •+ O •-1 M M C ••-� t 0 c v v O N V < m V m T a Y O •, m .+ U U OD O c 0. Y V Y T L Ui u m c 0, 0 0 N .+ m m 6 M > 0 r v 0 Y V O V 0. O 0 O 0 e0 0 O C. O 0 .-2 T Y V u W w O P m P O r V m u V M o >. 0 .m - v N .� N O V 0 > 0 O L Y O V L b 0 Y 0 V m O 7 > 0 c U J > M Y a u m a c c b .b. u m r Y > .+ o c c r c O..� ..1 m u O F ai V > m .V+ C 6 U 0 0 u ..+ 0 v A r V 0 > m 0 8 Ow3 V b I c Y N G c M V b N V U U 0 V T V Y V Y N m y0i n O V ^ ONV m ti m N w m N 7 a O O s -+ V N .>+ 6 A � K o M A > N•O N U O v C O fi U O, m 0 M O O O 0 C IdC ..� 'X M W U W U W S h O X J < z a a a W W H 6 0 fL M V 0 VUDV3 3AISOIDNI N3NIO ONV IVIDOS SDIWONO03 SNOIIIO1403 ONV MMOS38 'IVHUTO -100- APPENDIX E EMISSIONS FROM AUTOMOBILES ASSOCIATED WITH THE PALM DESERT RACQUET CLUB -101- EMISSIONS FROM AUTOMOBILES ASSOCIATED WITH THE PALM DESERT RACQUET CLUB Tables 5, 6 and 7 are used to derive the equivalent number of full occupancy units. Table 8 is the percentage of trips of the total daily trips for different purposes. The original data developed by the Los Angeles Regional Transportation Study (LARTS) was modified to account for the recreational and retirement nature of this project. The LARTS model assumes 3.42 to 4.82 trips per vehicle per dwelling unit. The value depends on employment, income, type of dwelling, and length of trip (in time) . The "Palm Hills General Plan" assumed the daily trip to be 7.3 per dwelling unit. This value is in agreement with the LARTS value assuming each unit.has two cars associated with it. This value will be used in this study. Table 9 derives the daily mileage and speed of trip made from the project. The emissions from vehicles was developed by the California Division of Highways, Material and Research Department, and are shown in Table 10. The resulting total daily emissions from automobiles associated with Palm Desert Racquet Club are shown in Table 11. Table 12 converts the daily value into yearly motor vehicle emissions.. -102- TABLE 5 PHASING OF THE PALM DESERT RACQUET CLUB Date Units Total Number Ready For Of Condominium Occupancy Units Existing 18 March 1974 54 Jan. 1975 123 TABLE 6A OCCUPANCY DURATION FOR 48.2 PERCENT OF UNITS OWNER-RESIDENT UNITS• Percent Duration As Of Total Continuous A Percent of Units in Each l/ Residence2/ Duration Full Year Duration Group— Factor — Weekends Only 28.5 35.7 10.2 1 Month 8.3 7.6 0.6 1 to 3 Months 16.7 9.0 1.4 3 to 6 Months 37.5 17.0 6.4 6 to 9 Months. 62.5 5.8 3.6 9 to 11 Months 83.3 8.0 . 6.7 12 Months 100.0 17.9 17.9 Weighted average continuous residence factor 46.8 1/ Source: "Analysis of the Palm Springs Condominium Owner" by Palm Springs Convention and Visitors Bureau, 1973. 2/ Factor is the equivalent number of units occupied on a full-time basis expressed as a percentage of the total number of units. -103- TABLE 6B OCCUPANCY DURATION FOR 51.8 PERCENT OF UNITS RENTAL MANAGEMENT SERVICE UNITS Duration Continuous As Percent Percent Residence Period Of Full Year Occupancy Factor Weekends During 4 .Month Season 9.57 90 8.6 Week Days During 4 Month Season 23.43 50 11.7 Weekends Off Season 19.43 50 9.7 Week Days Off Season 47.57 0 0 Weighted Average Continuous Residence Factor = 30 Combined Weighted Average Continuous Residence Factor = 48.2% x 46.8 + 51.8% x 30 = 38.1 -104- TABLE 7 EQUIVALENT NUMBER OF FULL OCCUPANCY UNITS Equivalent Number of Full Number of Ful�/ Year Year Units-1/ Occupancy Unit 1973 18 6.85 1974 45 17.14 1975 123 46.8 1976 123 46.8 l/ Accounts for units being opened during year. 2/ Number of full year units times the weighted average continuous residence factor. TABLE 8 TRIP GENERATION Percent of Total Trip Percent to Total According to LARTS Trip Used 27 This Purpose Modell/ Study— Home to Shopping 15.2 15.2 Home to Work 21.6 13.3 Home to Other 30.3 38.6 Work to Other 11.2 6.9 Other to Other 21.7 26.0 l/ Source: "Transportation Planning Studies for Small Areas" Los Angeles Regional Transportation Study (LARTS), California Division of Highways. 2/ Because 38.2% of occupants are retired, the home to work trip was reduced by 38.2 and the home to work trip increased by an equal amount. Similarly, the work to other trip was reduced and the other to other trip increased by the same amount. -105- -d ,G 0 a) >,1 m r l N O 60 14 () EH �t •� a) a a) r� v) w 3 O a! a) G O v) O •r1 v E-4 4J 09:1 G 000 0000 000000 uyO rr10u•1Lr1Lr1000 O S-+ a) ',O Ln %.O .t Lr) It .t %-O tr) -t N Ln M Ln N M Ln v1 .t .t a) N 1J aw N v A -d cd (1) P N 00 N ON O 00 p ­4 E-+ •r1 (1) •r•1 C+ c\ u'1 aJ 3 � 0 U G cd .• •. 1J m G A r1 is K is is K is cn 41 .000 00o O 000000 0 0 -t00Ln1-100 O (3) N . . . . . . . . .—1 0 G —♦ rM O L1 N N C. Lr M . tr CY O 00 Lr L. •H EH •r1 r-1 r'1 r-4 r-4 r-I r-1 r-1 r•1 r•-1 N "A r-I a) A W, a m H a� R�. 1J 1r O u a) E 4 G U •r1 ¢1 U O) 0 -W W O 000 Lr) Lr) 00 OOOLr1Ln0 -7 -It lr O u W ca U a. 00 r-I -4 cel M N 1-1 �t M r-1 -4 r•1 r 1 -4 -4 1-1 0 P4 E-4+ j° r° a O a) •r1 ..G U G 31 co •• •• P4 P4 O $4 W G Pa Pa O a (L) rl 0 O 0 cn A a) G cn cn 0) to O to O m O r4-1 41 �-I r�I = 4 A O 41 w 60 4.J b0 4-1 td r—♦ b0 b0 W 11 11 1J R) R) 11 11) m .rl P G G p G $4 $4 r-1 G G G P >4 P P4 Pa 0 O P. 1J a) •r1 •r-I 4J •r1 a) r-4 a) •ra •rl •r1 0) a) a) •r� cd co p 14 w $4 w 3 >+ p p 0 w w 0 0 0 O >+ u a) Cl. a4 a) a a) a. a. a a) v 0 1J 1J " " 1J O A M v) A A O G cn rn En A A A 'A r-1 'b r-1 r-1 •O 4 r-1 r-1 G -d •b C ­4 r--1 r 4 r-1 r-1 r-i 'b 'b -0 : m co G O cd G 11 cd N G G 4J cd rd CO cd CO W G G G IJ cn Pa Pa F-1 Pa Pa H 0 Pr P+ h-A I-4 0 Pa P+ P+ Pa Pa P4 H H H O G •r� b0 au G bo r 1 p cd a co O " m 3 0 o O co � O O O O +OJ v P+ 4J 1J 11 11 8 s•1 G x x x 3 O •� -106- TABLE 10 EMISSION FACTORS FOR VEHICLE POLLUTANTS—= IN GRAMS PER VEHICLE MILES Speed in Miles Per Hour Year Pollutants 40 42 43 . 46 47 1974 COS/ 33 32 31 30 29 HC!/ 5.2 5.1 5.1 5.0 4.9 1976 CO 27 26 26 25 24 HC 4.0 3.9 3.9 3.8 3.8 1978 CO 20 20 20 19 18 HC 3.0 2.9 2.9 2.8 2.8 1980 CO 15 14 13 14 13 HC 1.9 1.9 1.9 1.8 1.8 1982 CO 11 11 11 11 10 HC 1.4 1.4 1.4 1.4 1.4 1/ Source; "Air Quality Manual, Motor Vehicle Emission Factors For Estimates of Highway Impacts on Air Quality" California Division of Highways Materials Research Department, CA-HWY-MR 657082S April 1972 - Assumed 5% HDV & City Streets 2/ Carbon Monoxide 3/ Hydrocarbons -107- V � x o_ a a N •O J1 Y ° H a' ro co 00. .+ z N N 0. J ao n m a O y C apo 0.5 5 4 1• N .-� F F a O _V q J O• �D O N N O�U O F d O w r u O•.+ u�p v�•.� J J O N � .•. •° O n m a V n n N F H N ° u H H q i±1 Y V•f 0 c0 cp C r-i 11�iiii! • >•H�+ m� a W C ' /] N .O (.t H H W N� � F u '• O ti H v] H O w M N N ° =Z o W IA' 8 N r-Vi M O. O• Wxnn w [A a < o V .J vi n ON 0 awxx � '^ M W w H 1W1 wj M u e(J n O 10 M �p O Y H a Nf w 0 u 0-4 ti eM� d ° N .D �O xMn � M M a � O.a N d N �H J 4 u � u yt� N a 01 •N 01 .D .D .O w.+ .•� N H a y� M M O0 0 ,� J 7 M M HzoH fJ.O W n Y ap co > 6 0.•a P z O u} W O S. J n •° a n n n w w v w -108- TABLE 12 YEARLY MOTOR VEHICLE EMISSIONS GENERATED BY LOCAL TRIPS BY VEHICLES ASSOCIATED WITH THE PALM DESERT RACQUET CLUB Emissions (In Million Grams) Emissions (In Tons) Year CO-1/ HC2/ CO HC 1974 8.81 1.45 9.7 1.6 1975 22.21 3.55 24.4 3.9 1976 20.30 3.08 22.3 3.4 l/ Carbon Monoxide 2/ Hydrocarbons -109- APPENDIX F LETTERS CONCERNING PREVIOUS PLAN FOR SITE -110- PALM DESERT SANDPIPFRS 1505 Sandpiper Palm Desert, California 92260 April 20, 1973 Honorable Members Planning Commission County of Riverside 46209 Oasis Indio, California 92201 Re: Conditional Use Case #1525E) ) Palm Desert Racquet Club Variance Case #1227E ) Gentlemen: It is our considered opinion that this proposed development is very much sub-standard, will create an adverse traffic impact, and will be imminent to the economy because of all the services required with extreme density but, of course, not the same tax income as adjoining areas. We respectfully protest the issuance of the above. Very truly yours, PALM DESERT SANDPIPERS BY CHUCK ASS� �Ei� CC: Ed Peck -111- CONCERNED CITIZENS OF PALM DESERT P. O. Box 1511 Palm Desert, California 92260 April 23, 1973 Riverside County Planning Commission County Office Luj.lding 46--209 Oasis Street Indio, California 92201 Re: C.U. #1525-E ) Palm Desert Variance #1227-F ) Racquet Club Gentlemen: We respectfully request a denial of Conditional Use Case 1525E and Variance Case 41227E. In our opinion they would -- 1. Cause a decrease in property value of the adjacent area. 465 sq. ft. - 500 sq. ft. and 700 sq.ft. is not compatible with the ad-jacent residential property. 2. Traffic probler^.s would be increased in an already congested area. 3. Serious adverse economic and social problems would be imposed on the entire Palm Desert Area as the residents of the development would re- quire all of the community services with far less additional revenue than is available from present residential units in the area and those that occupy them. 4. Their Environmental Impact Report is based on suppositions and opinions and not on facts. In our opinion the buyers of these units would soon occupy them for the rajor portion of the year and because of their type and size, the occupants would require more services than normal. No consideration has been given in the report 6- the adverse effect on solid waste disposal or the effects that the additional service per- sonnel required to support then would have on the area. This development should be denied on the basis of their environmental report as well as all the other adverse factors. Yours very truly, CONCERNED CITIZENS OF PAIJ4 DESERT President -112- ( (t; PALM DESERT PROPERTY OWNERS ASSOCIATION P.O. BOX 1244 PALM DESERT, CALIFORNIA 92260 TsuwHorm (714) 346.2804 A Non•Prof is Corporation '? 3 April 25 , 1973 -tG Riverside County East Area Planning Council Room 403 , 46-209 Oasis Street , Indio , California 92201 Re : Palm Desert Racquet Club Conditional Use Case No. 1525-E Gentlemen: The Board of Directors of the Palm Desert Property Owners Associ- ation at their regular meeting on April 24 , 1973 , after detailed analysis of the preliminary site plans and the Environmental Impact Report for the subject development , requests non-approval of the subject project for the following reasons : 1. Density Too High The density , including the existing buildings , and the separate condominium in the southeast corner of the proposed project which is under the same "parent" ownership and is dependent on the subject project for its recreational faci- lities , should not exceed six units per acre which would be consistent with the General Plans and with surrounding exist- ing development. 2 . Two-Story Structural/Buildings In agreement with the many prop- erty owners immediately surrounding this proposed development , we oppose the construction of any additional two-story struc- tures/buildings in this particular area of Palm Desert. In turn we request that .the current R-3 zoning which is surrounded by R-1 zoning be changed to only allow single story structural/ buildings to be constructed. 3. Single Story Setback and Height a. ) Structures/buildings should have a minimum setback of fifty ( 50) feet from all adja- cent R-1 zoned property lines . b. ) Structures/buildings adja- cent to San Luis Rey have a setback of .twenty (20) feet. c. ) Single-story structures/buildings should be limited to a maxi- mum height of fourteen (14) feet above finished floors . 4. Swimming Pools The pool count should be at least one pool for every twenty 20) units and the existing Olympic-size pool be counted as two ( 2) pools. 5. Tennis Courts Tennis court lighting should be on a conditional use permit which must be renewed annually. -113- Palm Desert Property Owners Association -2- 6 . Traffic The access to the project should be relocated so that it does not allign with Juniper Street or Joshua Tree Street and thereby discouraging increased traffic on these residential streets from this project . Recommend they use their existing entrance. 7. Air Conditioning We recommend that no air conditioners be located on roofs . 8. Variances We recommend that no variances be granted which would allow lowering of County standards . 9 . Parking Covered parking of one space plus one-half uncovered space per unit shall be prodded. Off street parking adjacent to San Luis Rey should be screened from horizontal view. 10. Exterior Colors These should be harmonious with desert atmosphere. 11. Unit Size Proposed unit size ranging from 475 to 1050 sq. ft. would place this project into a class far below the present County standards and other standards of citizen groups within the Palm Desert area. A minimum of 1000 sq. ft. per dwelling , not including parking or patio, should be required. 12. Environmental Impact Report In our opinion the Environ- ment Impact Report is based on suppositions and opinions and is not based on facts . The sale of small units of 465 sq. ft. - 500 sq. ft. and 700 sq. ft. is not comps- table with the adjacent residential area. The develop- ment would decrease the adjacent property values and would increase traffic problems . The report states that the units "are designed to appeal to less frequent vacation oriented buyers" . It has been our experience that units of the type proposed are soon occupied by permanent residents and therefore all statements per- taining to schools , welfare benefits and other com- munity services are not factual. Also, no consideration has been given to the additional service personnel required by the increased number of residents and the problems and impact that they will impose on the entire area. As a large percent of the population leaves the desert during. the summer months , the employment of service personnel declines substantially , creating . serious unemployment and social problems . This would be increased by this development. -114- Palm Desert Property Owners Association -3- In o'ur opinion , there would be a serious adverse economic impact as all of the normal services would be required by the residents of this development with far less additional revenue that is available from present residential units in the area. 13. Conclusion In the opinion of the Palm Desert Property Owners Association the proposed development , as pro- posed, is substandard, is of the type that decays in value rapidly with time and will have a serious down- grading impact on the adjacent prime residential area. Very truly yours , David E. Cook President -115- 5 �'' The slluartest flddl-e�s oil the �oldcl; !;. �: ;• , - G" i /°" i n t` !"• (na e i P. O. BOX 908 • PALM DESERT CALIFORNIA 92260 • (714) 346-6111 April 19, Ll 13 Riverside County Planning Commissions Att: Mr. Hurry H. Schmitz, A. I.P. APR J 46-209 Oasis Street, Room 304 Indio California 92201 Rlvr- : ��� � PLANNING COMMISSION Subject: Palm Desert Racquet Club DcSE:�T OFFICE Dear Sirs: At a regular meeting of the Board of Directors of the Palm Desert Chamber of Commerce on Wednesday morning, March 28, 1973, Mr. A. Jerry Luebbers of Destination Resort Corporation presented tentative plans for the development of the Palm Desert Racquet Club on the site of the old Shadow fountain Country Club. We understand that a set of the same tentative plans we reviewed have been submitted to . the Planning Com— mission in conjunction with an application ,for .a Conditional Use Permit to develop the 20—acne site. This letter is to advise the Planning Commission that the Palm Desert Chamber of Commerce believes that the proposed project would be beneficial to the Palm Desert Community. Upon deliberation and motion by its Board of Directbrs, the Chamber therefore endorses the develo ment of the Palm Desert Racquet Club in accordance with the ten ative plans submitted to us. .Please feel free to contact us if we can be of further assist— ance on this matter. Very truly yours, THE PALI': DESERT CHAMBER OF COMMERCE Wm. Hannon President WH/es Home of the Bob 14.0pe lDeseft Solf Classic _„6- Destination Resort Corporation io88o Wilshire Boulevard,Suite 1114 Los Angeles,California 90024 June 6, 1973 Telephone (2.13)474-1551 Mr. Robert I. Pitchford, Chairman Palm Desert Property Owners Association 73-833 E1 Paseo Palm Desert, California 92260 Re: Palm Desert Racquet Club Destination Resort Corporation Gentlemen: This letter is to expand upon our letter to you of May 24, 1973, and to incorporate changes and further modifications to our schematic plan submitted on that date. The changes and representations outlined herein are the direct result of our earlier meetings with you as well as the meeting on May 26, 1973 with Mr. Edward Peck, Chairman of the Concerned Citizens of Palm Desert, Mr. David Cook, President of the Palm Desert Property Owners Association, and a number of residents of the Palm Desert community who are active in one or both of those organizations. The references in this letter are to the site plan, floor plan, and building elevations as submitted to your Architectural Committee on Thursday, May 31, 1973. You have asked me to write a letter outlining some of the representations we would be willing to make concerning the development of the Palm Desert Racquet Club in consideration of the support of the Palm Desert Property Owners Association and the Concerned Citizens of Palm Desert. While this letter by no means con- stitutes a definitive development plan, it will attempt to be as specific as possible about those matters which have been of greatest concern to you. These matters seem to fall generally into three categories: I. New Condominium Units. A. Number and Size. L In addition to 16 units in the two already existing two story buildings (excluding the "Y" shaped hotel building), we plan to develop the following new units: Rocky Mountain Regional Office:Aspen,Colorado -117- M June 6, 1973 Mr. Robert I. Pitchford 2. No. of Approximate New Units Type of Unit Size of Unit 66 two bedroom, 1 story building 1100 sq. ft. 28 two bedroom, 2 story building 1050 sq. ft. 18 one bedroom, 2 story building 750 sq. ft. 112 1030 sq. ft. average *note correct size of proposed one bedroom units. Site plan as submitted incorrectly marked. All of the small, studio units contained in our prior submission have been eliminated, and the one bedroom plan has been enlarged. The one bedroom units occur only in the two story buildings, which are identical in concept to the buildings submitted with our original plan. Typical floor plans and elevations from that prior submission are included with this letter. B. Height 1. All single story buildings will be less than 15 feet in height. Further, we do not intend to construct units on elevated building pads. All site grading will be the minimum necessary to create level building sites and to provide adequate on site drainage. 2. Two story buildings, originally shown as approximately 25-1/2 feet high, will be redesigned so as to be 24 feet or less in height. C. Patios 1. Single story buildings will have walled or fenced outdoor patios off both the living and sleeping areas, and the minimum combined size of these patios will be 300 square feet. 2. Ground floor one and two bedroom units in the two story buildings will have patios of approximately 120 and 240 square feet respectively. Second floor one and two bedroom units will have outdoor balconies comprising approximately 60 and 120 square feet respectively. D. Mechanical Equipment 1. Mechanical equipment for the single story buildings will be located in a fully concealed well on the roof of the buildings themselves. It is our intention -118- Mr. Robert I. Pitchford June 6, 1973 3. *�,''Y��'_' that this mechanical equipment not be visible to passers-by either on site or off site, and we will agree to work with the Architectural Committee to satisfy them that our final plans- in fact achieve this goal. 2. The mechanical equipment in the two story buildings will be fully concealed in special enclosures which we will similarly agree to demonstrate to the Architectural Committee. II. Access, Circulation & Parking A. Entries 1. Assuming satisfactory intersection conditions at San Luis Rey can be negotiated with Riverside County, we intend to use as our primary access only the entry point now used by the Palm Desert Racquet Club. This entry way would be widened and a guard house added. The new entrance proposed off San Luis Rey has been eliminated. 2. In addition, it will be necessary to continue use of the secondary entrance off the extension of Fairway Drive at the southeast corner of the site. This entrance will be widened and improved as provided in the Conditional Use Permit granted for Tract 4545. B. Golf Club Access 1. We have recently confirmed our original conversations with the Shadow Mountain Golf Club to the effect that they wish to use their entrance off San Luis Rey rather than to continue with a secondary entrance across our property. Accordingly, we will be constructing a.wall or fence along the property line in the current parking area and do not expect golf club members to use either of our proposed entries for the foreseeable future. C. Parking 1. Parking is now shown in accordance with Riverside County Ordinance; that is, one and one half spaces have been provided for each unit of less than two bedrooms, and two and one half spaces are provided for each unit of two bedrooms or more. As currently proposed, we contemplate one covered parking space for each unit. -119- Mr. Robert I. Pitchford June 6, 1973 4. `'`� •` i VW 2. With the support of the Palm Desert Property Owners, we will attempt to pursuade the County to recommend a variance to reduce the number of parking spaces for each two bedroom unit from 2-1/2 to 1-3/4 or 2 per unit. In the event such a reduction can be effected, we would agree to increase the amount of covered parking. As an alternative to an outright variance, we will attempt to negotiate a conditional variance whereby the site is planned for the required amount of parking but developed to an approved lesser amount. In the event such lesser amount of parking proves inadequate, we would guarantee funding to complete the balance of the required parking. III. Site Improvements A. Perimeter Wall 1. As a result of our conversations with the various citizens groups as well as with the Shadow Mountain Golf Club, we intend to build a six- foot masonry wall, or equivalent, around the entire perimeter of our site, with the exception of the roadway access at the southeast corner. B. Pool Count 1. Counting our existing Olympic-sized swimming pool as two pools, we will agree to maintain a minimum of one pool for each 25 units on the site. C. Building Improvements 1. We will agree to improve the appearance of the existing two story buildings in the southeast corner of the site. The construction of carports immediately behind this building will constitute an important first step in providing visual relief, and we believe the balance can be done with cosmetic changes to the building and the creative use of landscaping. 2. The old clubhouse building will be reduced in size and upgraded in appearance. Specifically, the old kitchen and grill area to the south and east will be razed, and the balance of the building will be con- verted for use as a conference, meeting, party, or banquet room and will contain other equipment for general recreation, operations, and maintenance purposes. -120- Mr. Robert I. Pitchford June 6, 1973 5. a a D. Tennis Courts 1. While we expect to add several new tennis courts, we will agree with the Property Owners not to light any more of these courts for night play than those for which lights or lights standards are already in place. 2. We further agree to use our best efforts to select tennis court lighting providing the lowest reasonable profile. 30 We will adopt club rules and will install switching equipment such that the tennis court lights are automatically extinguished at 10 o'clock each night. E. Landscaping 1. We enthusiastically accept the Conditional Use Permit condition that we provide a minimum of one mature tree for each new unit constructed. Further, it is our intention to landscape the total site extensively; our preliminary budget for this work is $100,000. F. Improvement of San Luis Rey 1. In accordance with county standards, we will agree to widen and improve San Luis Rey for the entire length of our site. It is our understanding that while the boards of the Property Owners and the Concerned Citizens have not yet specifically reviewed,our modified project, the Architectural Committee will recommend approval of our project subject to our plans as submitted and the conditions contained in this letter. If such approval is forthcoming, we will agree to incorporate these standards by whatever means you find acceptable, including your acceptance of this letter and its inclusion with our Conditional Use Permit application as submitted to Riverside County. We strongly believe that the new plan we have submitted is responsive to sub- stantially all of the concerns raised by the Palm Desert Property Owners Asso- ciation and by the Concerned Citizens of Palm Desert, and it is our impression that the individuals with whom we have met have found the modified plan to be acceptable. -121- 9 Mr. Robert I. Pitchford J ":une 6, 1973 6. > _ a �a We sincerely hope that the ongoing development of this project will be with the full support of both citizens groups and that we will be able to work with you on future matters of plan details and finalization to ensure that we are all pleased with the final product. Sincerely, A. Jerry Luebbers Vice President AJL:pw -122- i APPENDIX G BIBLIOGRAPHY -123- BIBLIOGRAPHY American Society of Civil Engineers. Manual No. 49. "Urban Planning Guide". 1969. ARCATA Real Estate Data, Inc. Volume 2, Books 22A thru, 879. "Real Estate Atlas of Riverside County, California". 1972. Bailey, Harry P. ,"The Climate of Southern Californid, University of California Press, Berkeley and Los Angeles. 1968. Booth, Ernest Sheldon, 'Mammals of Southern California" University of California Press, Berkeley and Los Angeles. 1968. Bragdon, Clifford R. , "Noise Pollution", University of Pennsylvania Press. 1971. Bureau of Land Management. "What You Should Know About the Multiple Use Classification of Public Lands in California". California, State of. "Environmental Quality Act". ------ "Assembly Bill #1301, Chapter 1446". ------ "California Statistical Abstract". Sacramento, 1971. California Department of Water Resources. Bulletin No. 116-2. "Crustal Strain and Fault Movement Investigation". January 1964. ------ "Coachella Valley Investigation, Bulletin 108". Sacramento, 1964. ------ "Desert Areas of Southeastern California Land and Water Use Survey, 1958, Bulletin No. 101, 1963. ---- . Bulletin No. 132-73. "The California State Water Project in 1971". June 1971. ----. Memorandum Report. "Present and Future Water Supply and Demand in the South Coastal Area". August 1968. California Division of Highways. Los Angeles Regional Traffic Study (LARTS) "Transportation Planning Studies for Small Areas". ----. Materials Research Department, CA-HWY-MR 657082S. "Air Quality Manual, Motor Vehicle Emission Factors for Estimates of Highway Impacts on Air Quality". April 1972. ----. Material Research Department, "Design Information Bulletin No. 50". ----. Materials Research Department, "Mathematical Approach to Estimating Highway Impact on Air Quality". ----. National Cooperative Highway Research Program Report 117, "Highway Noise, a Design Guide." 1971. 1 California Division of Mines and Geology. "California Geologic Map, Santa Ana Sheet". 1965. ---. "Geology of Southern California". 1959. California State Controller. "Financial Transactions Concerning Counties of California, 1970-1971". California Region Framework Study Committee for Pacific Southwest Inter-Agency Committee Water Resources Council, 'Comprehensive Framework Study - California Region". June 1971. Appendix II - The Region Appendix IV - Economic Base and Projections Appendix V - Water Resources Appendix VIII - Watershed Management. Appendix IX - Flood Control Appendix XI - Municipal and Industrial Water Appendix XII, - Recreation Appendix XIV - Electric Power - - Appendix XV - Water Quality, Pollution And Health Factors California State Controller. "Financial Transactions Concerning Cities of California, 1970-1971". Caminos, Horacio, Turner, John F.C. , Steffian, John A. , The M.I.T. Press. "Urban Dwelling Environments". 1969. Clawson, Marion, and Jack L. Kinetsch, "Economics of Outdoor Recreation". John Hopkins Press, Baltimore, 1966. Coachella Valley Soil Conservation District. "Coachella Valley Wind Erosion Problem". December 1967. Commercial Atlas and Marketing Guide, Rand McNally. "Sales Data for Counties". 1972. General Radio Company, "Type 1551-C Sound Level Meter Handbook". December 1968. ------ "Type 1571-B Graphic Level Recorder". March 1967. Glass, Maynard. "Fundamentals of Geometric Design", University of California, Berkeley. 1963. Guzkowski, Conrad. "Urban-Economic Effects of Seismicity in the Riverside, California Area". A report funded by the National Science Foundation. December 1972. -125- Hartman, David N. , "California and Man", William C. Brown Co. Publishers, Dubuque, Iowa. 1964. Herman, Harold, McKay, Mary Elizabeth, U.S. Department of Health, Education and Welfare. Community Health Services, "Environmental Health Services and Programs". 1968. Iacopi, Robert, Lane Book Company. "Earthquake Country", a Sunset Book. 1964. International City Managers Association, Edited by Mary McLean. "Local Planning Administration". 1959. James, Douglas L. , and Robert R. Lee. "Economics of Water Resources Planning". McGraw-Hill, New York, 1971. Lantis, David W. , "California: Land of Contrast," Wadsworth Publishing Co. , Inc. , Belmont, Ca. 1963. Oakeshott, Gordon B. , "California's Changing Landscapes, A Guide to the Geology of the State", McGraw-Hill Book Co. 1971. Palm Springs Department of Planning and Development. "Palm Hills General Plan". 1970. Palm Springs Convention and Visitors Bureau. "Analysis of the Palm Springs Condominium Owner". 1972. ------ "Analysis of the Palm Springs Hotel Visitor". 1972. ------ "The. Palm Springs Resident". 1973. Palm Springs Desert Museum. Birds, Mammals, and Reptiles of the Living Desert Reserve" (checklist). May 1971. Real Estate Directories, Inc. Map Volume 2, Part 2, Books 451 thru 879. "Real Estate Atlas of Riverside County, California". 1972. -126- Recreation Planning Consultants. "Leisure Environment in the City of Palm Springs". 1966. Residential Research Corporation. ."Palm Springs Housing Market Analysis". August 1972. Riverside County. "Road Improvement Standards and Specifications". 1970. -----. "Ordinance #348, Zoning". ------ "Ordinance #460, Regulating Subdivisions". ---- . "Ordinance #489, Regulating Excavations, Fills and Grading". ------ "Ordinance #484, For the Control of Blowing Sand". California DWR. Proposed Ordinance - Noise Standards. Riverside County Agricultural Commissioner. "Riverside County Agricultural Crop Report, 1971". 1971. Riverside County Air Pollution Control. "Stationary Sources, Transportatior Sources". January 1971. ------ "Air Monitoring Report". 1970. Riverside County Auditor-Controller. "Tax Rates and Assessed Valuations 1972-73". .Riverside County. Planning Department. "Cove. Corgmunities General Plan". May 1971. ----- "Riverside County Agricultural Trends 1960-69". January 1971. ------ Files on Proposed Project Riverside County .Road Department. "Riverside County General Plan of Highways" Ryan, R. Mark. "Mammals of Deep Canyon, Colorado Desert, California". The Desert Museum. 1968. Saltzman, B.E. , "Simplified Methods for Statistical Interpretation of Monitoring Data", University of Cincinnati. February 1972. -127- University of California, Riverside, Archaeological Research Unit. Letter of June 11, 1973. Urbonomics Research Associates. Palm Springs Economic Review, "Environment, Ecology and Economic Development in the 1970's". .June 1970. ------ Palm Springs Economic Review, "Retail Sales Trends". March 1970. ------ Palm Springs Economic Review, "The Economic Impact of the Visitor and Permanent Resident on the Palm Springs Economy". December 1970. U.S. Bureau of the Census, "Statistical Abstract of the United. States: 1971". (92d edition) U.S. Government Printing Office, Washington, 1971. United States Department of Commerce, National Oceanic and Atmospheric Administration. Volume No. 76. "Climatological Data, 1972". 1972. U. S. Dept. of Housing and Urban Development Circular 1390.2, "Noise Abatement and Control". 4 U. S. Federal Highway Administration PPM 90-2, "Interim Noise Standards". -128- APPENDIX H PERSONNEL REFERENCES -129- PERSONNEL REFERENCES 1. Desert Hospital, Mr. Humphrey 2. Desert Magazine, Mr. Jack Peppier, Editor, Palm Desert 3. Desert. Sands Unified School District, Mr. Roger Harlow 4. National Weather Service, Mr. Carl Garcenski, Coachella 5. Palm Desert Disposal Service, Inc. , Mr. Geno Scopese 6. Riverside .County Department of Fire Protection, Captain Fronick 7. Riverside County Planning Department, Mr. Harry Schmitz 8. Riverside County Planning Department, Mr. Gerald Dupree 9. Riverside County Sheriff's Department, Captain C. M. Byrd 10. Riverside County Air Pollution Control District, Mr. Galen R. Kinley 11. Riverside County Airports Department, Mr. R. Dale Tingey, Airport Planning Assistant, Riverside 12. Riverside County Assessor, Mr. Frank Seeley, Assessor, Riverside 13. Riverside County Assessor, Mr. Richard Dewitt, Riverside 14. Southern California Edison Company, Mr. Phil Bescos 15. Southern California Gas Company 16. U.S. Department of Agriculture Soil Conservation Service, Mr. Norman Ellam, District Conservationist, Indio 17. University of California, Mr. Phil Wilke, Archaeological Research Unit, Riverside 18. University of California, Mr. Philip L. Boyd, Deep Canyon Research Center; Mr. Lloyd Tevis, Research Associate, Palm Desert -130- rj 1 A �.'"'.pup 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 July 23, 1979 Ms. Janet Squire TUTTLE AND TAYLOR 609 So. Grand Avenue Los Angeles, Ca. 90017 Dear Ms. Squire: RE: TR 5277 Lots 2 & 4 Responding to your request of July 18 , 1979 regarding subject tract, please be advised the zoning for all immediate surrounding property; North, East, South and West is PR-7 . . If you have any further questions, please contact the Staff of the Department of Environmental Services. Very truly yours, Paul A. Williams Zoning Administrator LM:ps } i " EDWARD E.TUTTLE RONALD C.PETERSON TUTTLE & T A Y L O R EDWARD W.TUTTLE ROBERT G•TAYLOR TIMI ANYON HALLEM (1877-1960) WILLIAM A.NORRIS MARILYN CLARE INCORPORATED _ MERLIN W CALL CHARLES L.WOLTMANN JOHN D.DE TERMAN DONALD E.WARNER,JR. ATTORNEYS AT L A W THOMAS A.REYNOLDS C.GRAHAM TEBBE,JR. MARSHALL S.WOLFF 609 SOUTH GRAND AVENUE OF COUNSEL JOSEPH D.MANDEL STANLEY CONRAD FICKLE PATRICK L.SHREVE MARJORIE S•STEINBERG LOS ANGELES CALIFORNIA 90017 A.JAMES ROBERTS III DOUGLAS W.BECK RAYMOND C.FISHER ROBERT S•STERN C•STEPHEN HOWARD WILLIE C•BOGAN N.HUNT DALLAS VALERIE A.CAVANAUGH MARK SCHAFFER MARK A.BORENSTEIN JOSEPH R.AUSTIN NANCY E.HOWARD TWX:910-321-3056 C.DAVID ANDERSON DIANE E.WRIGHT JEFFREY L.GRAUSAM WENDY MUNGER TELECOPIER:(213)625-2863 ALAN E.FRIEDMAN MARILYN J.FRIED JAMES MARTIN PRAGER NANCY SHER COHEN TELEPHONE:(213)683-0600 CHARLES B.ROSENBERG MARLENE B.JONES HAROLD J.KWALWASSER KATHY ROHWER (�^�(� J.DEAN HELLER July 18 , 19 / 7 Mr. Paul Williams Zoning Dept. �r 45-275 Prickly Pear Lane Palm Desert;---CA- 922.60-- Re: Tract 5277, Lots 2 & 4 Palm Desert, CA Dear Mr. Williams : We are applying to the Department of Real Estate (DRE) to subdivide the above-referenced -tract. The DRE is requiring that we submit information regarding the zoning of the adjacent property: Please send me a letter stating what the zoning is for the property North, South, East and West of Tract 5277, Lots 2 & 4. Thank you for your cooperation. If you have any questions, please feel free to contact me. Very truly yours , TUTTLE & TAYLOR F l y .. Janet Squire Legal Assistant JS :mkg 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 July 23, 1979 Ms. Janet Squire TUTTLE AND TAYLOR 609 So. Grand Avenue Los Angeles, Ca. 90017 Dear Ms. Squire: RE: TR "5277 Lots 2 -& 4 Responding to your request of July 18 , 1979. regarding subject tract, please be advised the zoning for all immediate surrounding property; North, East, South and West is PR-7. If you have any further questions, please contact the Staff of the Department of Environmental Services. Very truly yours, Paul A. Williams Zoning Administrator LM:ps 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 March 16, 1979 Ms. Janet Squire Tuttle and Taylor 609 S. Grand. Avenue Los Angeles, CA 90017 Re: Tract 5277, Lots 2 & 4 Dear Ms. Squire: Responding to your request of March 13, 1979, please be advised that subject tract is zoned PR-7 (Planned Residential , maximum 7 dwelling units per acre). If there are any further questions, please feel free to contact the staff of the Department of Environmental Services. truly yours, Paul A. Williams, AICP Zoning Administrator lm/pw/ss EDWARD E.TUTTLE RO HALO C.PETERSON TUTTLE & T A Y L O R EDWARD W.TUTTLE ROBERT G•TAYLOR TIMI ANYON HALLEM (1877-1960) WILLIAM A.NORRIS MARILYN CLARE INCORPORATED MERLIN W.CALL CHARLES L.WOLTMANN A T T O R N E Y S A T L A W JO HN D.DETERMAN DONALD E.WARNER�JR. Q'i AS A.REYNOLDS C.GRAHAM TEBBE,JR. MARSHALL S.WOLFF OF COUNSEL JOSEPH D.MANDEL STANLEY CONRAD FICKLE 609 SOUTH GRAND AVENUE PATRICK L.SHREVE MARJORIE S•STEINBERG CK LOS ANGELES CALIFORNIA 90017 A•JAMES C.FISHER 'III DOUGLAS.STW. ERN RAY MOND C•FISMER ROBERT S•STERN C.STEPHEN HOWARD WILLIE C.BOGAN N.HUNT DALLAS VALERIE A.CAVANAUGH MARK SCHAFFER MARK A.BORENSTEIN JOSEPH R.AU STIN NANCY E.HOWARD TWX:910-321-3056 C.DAVID ANDERSON DIANE E.WRIGHT JEFFREY L.GRAUSAM WENDY MUNGER TELECOPIER:(213)625-2863 ALAN E.FRIEDMAN MARILYN J.FRIED JAMES MARTIN PRAGER NANCY SHER COHEN TELEPHON E:(213)683-0600 CHARLES B.ROSENBERG MARLENE B.JONES March 13, 1979 HAROLO J.KWALWASSER KATHY ROHWER J.DEAN HELLER Mr. Paul Williams Zoning Department City of Palm Desert 45-275 Prickly Pear . Lane Palm Desert, CA 92260 Re: Tract 5277, Lots 2 and 4 Palm Desert, California Dear Mr. Williams: ' Enclosed please find a copy of Tract Map 5277. '` We are applying to the Department of Real Estate (DRE) to subdivide said tract. Please send us the letter required by the DRE regarding the zoning district and density of said tract. Thank you for your cooperation. Please send the letter to me, and I will forward it to the DRE. If you have any questions, please feel free to contact me. Very truly yours, TUTTLE & TAYLOR BY anet Squire Legal Assistant JS :jlh Enclosure as stated RFFCFt F ENVIRONMENTAL SERVICES CITY OF PALM DESERT //V rVe Clrr OF 1-14144 OESERT CAL/FORA//A TAX BOND C/D /,,v HE TE 52 7� RfCOROERS CEI,'T/F/Cc�7E �' REBY CERTIFY THAT A OOND /n/ THE Su,rr �(FJ(s /, i� If HAJ BEEN EXECUTED ,ONO F/LED /+ 6E/1vG 14 SZ11601V/.S/ON OF•4 PaRT/ON 93CTMVE ,TE. % d/.l-an ter' » •�K-1'—a /"�• 'Y/"`ri 1Ps rr/e aO o of SuPea visoas o c r.A/E CouN OF OF SECT/ON?O, T.5.S., R.6.E., ,3'B.B.c M, d► */ �*^^ARK / ,4'/VE4-S/OE, 4 L/FO/PN/A, CO.VOI TLONEO U ti rl/C .r/; ?.r-0 ,✓a super,m...•M•✓.�ena/r/PAYMENT O LL TAXES,JTAre,cot/ Y,MUN/G/PAC wat�y5� OR cocae,wNo OPEC/AL ASSE1 6NTs C04cecre0 FOR 6L'WL�ryJ/•�//(/" RURLt2SES AS T.IXES WH/CH THE T/M OF F/L/n/4 OF TN/J Aw..OW A •`�-_ - M.IP W/TW THE COON e OROER A-CE A L/G'N iYEL9B A,SA/ E/tf"i/SEER/NG NJT O'A/O PROPE BUT NOT YET PAYABLE / INC, wNo 1A/0 BONo " 9G OL/Ly •OPP.QOVCO JULY /»� 9 LOTS ay .1A/o ao.o,c F su/JE,? o2J, 9.sr .octEs D.4 rz 5ERT/F/6-,4TE Ol/Yrf/E�.S CEf�T/F/GATE COUNTY CLe AND rveafe cEniifrr�u/I4A/4L/cev.,,fO VOjufrf/afsv/xrsairriw w�a.:atarurrfrnsF1?7- c-1,r ,rJav/v:uwn.cv.o/oMw/..wrw - ' Gff-OFf/C/O CLE1e/ OF col/fllHvi.I•rn4r rv/j,N4,�cgvs/Jri,{•�A�r/v0(r)sL/f.//y cYw.pFcrz r•)v/• •f'[,tp,•R/,,,V,L,w,�,�,,,,1,,,,q,�,./,,,,r.✓.rl r•✓a.a r,wwa.y....+r/[lwily/i •../ AS!!N/JI..7[/.TYBYlr4a/!/.rs+lK A/rL.;:PCC//oN OV/l/ o DULY/T77,•/.KI//1L A.CCJ:ci/lYro..<//![.�N•7r.'!/AJI//LwIV/,V//� I...•�'./e/al'LVJ/4//a/✓ DePuTY. 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It.00 n.tr N•ar1 \•.ol /J J) Iry Io.m N•11•Ir u,00 rl,orol•Ir. aa.ls / a;Y u IN•N•Irt •O.tI a•Ioror n•■ "As a.mu•tr. u.00 Isfortrorr u.» L ►\ I ���,' /y✓�D,,/�L•Ii 1,.m la'ta•. p.00 57 YO=:s)•. N.71 ` G \5 (", '•' �•J}�} ',�'N.�C /l'a f r� ta.mu•aa•. u.00 n.wm•art 00 MW ` a {r •\C �\ ` ` �lw7f��y' �graa.p't N Nna•n•prt u.N N.u•aa•tra u.m _ ,Y ,pi i♦ y\ b d F N tN•N•o••. N.10 ,..11.Or trt N,0O p .• /J p IJru•t0•( N.0o .N•a0•Ir. M.W la taY al'10- M•al •I.lo•00•ma N.♦1 It.N'6r•0r6 iLN •:ImtO•mr w atl•Ia'tYl /I.70 ♦ .0r 11'JM. 1.00 .. - +•%��r tl It1•t1'tr1 l.N HYIV" W, 11.11 ' 1 1 DEPARTMENT OF REAL ESTATE OF THE ,ego STATE OF CALIFORNIA TELEPHONE NO. ( 213) 620-2700 �p��F` ✓� ' In the matter of the application of FINAL SUBDIVISION PUBLIC REPORT PALM DESERT VENTURE , LTD . FILE NO . 41653 a limited partnership ISSUED : SEPTEMBER 5 , 1978 for a Final Subdivision Public Report on TRACT NO . 5277 , LOT 3 "SHADOW MOUNTAIN RESORT AND RACQUET CLUB" RIVERSIDE COUNTY, CALIFORNIA EXPIRES : SEPTEMBER 4 , 1983 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 Pages six and seven of this. Report READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this SUBDIVISION. R/E Form 618 10/7 6 56503-e015 12-77 sc asr 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 common-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 a 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 liened 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 budget. 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 a 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 were 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 base 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 be 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 h: —2— of 7 pages E NO . 41653 SPECIAL NOTES TAXES : MOST OF THE SERVICES FURNISHED TO OWNERS AND OCCUPANTS OF SUBDIVISION PROPERTIES BY COUNTIES , CITIES AND LOCAL DISTRICTS HAVE IN THE PAST BEEN FINANCED WHOLLY OR IN PART FROM PROPERTY TAX REVENUES . PROPOSITION 13 (JARVIS-GANN INITIATIVE) SEVERELY LIMITS THE AMOUNT OF MONEY AVAILABLE TO LOCAL GOVERNMENT THROUGH PROPERTY TAXATION. AS A RESULT, IT MAY BE NECESSARY FOR LOCAL GOVERNMENT TO ELIMINATE OR CURTAIL SERVICES THAT HAVE BEEN PROVIDED IN THE PAST. IT IS NOT PRESENTLY POSSIBLE TO PREDICT THE LEVEL OF ANY SERVICE TO BE PROVIDED TO THIS SUBDIVISION -BY LOCAL GOVERNMENT. 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 LIMITED TO THE RIGHT OF YOUR ELECTED REPRESEN- TATIVES TO VOTE ON CERTAIN PROVISIONS AT MEETINGS . THE COMMON PROPERTY AND FACILITIES WILL BE MAINTAINED BY THE ASSOCIATION OF HOMEOWNERS WHICH IS ALREADY IN EXISTENCE . THE DEVELOPER MUST PAY ALL THE MONTHLY ASSESSMENTS WHICH HE OWES TO THE HOMEOWNERS ' ASSOCIATION FOR UNSOLD UNITS . THE PAYMENTS MUST COMMENCE IMMEDIATELY AFTER THE SUBDIVIDER CLOSES THE FIRST SALE OF A UNIT IN THIS PHASE . THE HOMEOWNERS ' ASSOCIATION MUST PREPARE AND DISTIBUTE TO THE HOMEOWNERS A BALANCE SHEET AND INCOME STATEMENT. PURCHASERS WILL BE REQUIRED TO JOIN THE SHADOW MOUNTAIN RESORT AND RACQUET CLUB (A NON-PROPRIETARY CLUB) UNTIL DECEMBER 31 , 1983 . THE CURRENT INITIATION FEE IS $300 AND THE ANNUAL DUES ARE $300 (DUES WILL NOT EXCEED $360 PLUS COST OF LIVING INDEX INCREASES THROUGH CALENDAR YEAR 1983 ) . THE SUBDIVIDER SHOULD FURNISH YOU A COPY OF THE CLUB AGREEMENT. THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION , RESTRICTIONS AND BYLAWS , 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 UNIT. 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 BOTH UNITS OR LEASE THEM FOR MORE THAN ONE YEAR, YOU ARE REQUIRED TO OBTAIN AN AMENDED SUBDIVISION -3- of 7 pages FILE NO. 416S3 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 . ) TO SECURE FINANCING FOR THIS SUBDIVISION ACCEPTABLE FOR ACQUISITION BY THE FEDERAL HOME LOAN MORTGAGE CORPORATION, IT HAS BEEN NECESSARY FOR THE SUBDIVIDER TO INCORPORATE INTO THE DECLARATION OF RESTRICTIONS AND OTHER MANAGEMENT INSTRUMENTS , PROVISIONS WHICH GIVE THE MORTGAGE LENDER A VOICE IN THE AFFAIRS OF THE HOMEOWNERS ' ASSOCIATION AND IN THE MANAGEMENT AND OPERATION OF THE ASSOCIATION , WHICH A LENDER DOES NOT ORDINARILY HAVE . IT IS RECOMMENDED THAT YOU READ AND UNDERSTAND THESE PROVISIONS BEFORE OBLIGATING YOURSELF TO PURCHASE A UNIT. THE TWELVE RESIDENTIAL UNITS AND COMMON AREA COVERED BY THIS REPORT COMPRISE THE THIRD INCREMENT OF AN OVERALL PROJECT PROPOSED TO BE DEVELOPED IN THREE TO EIGHT INCREMENTS , WHICH INCLUDE A TOTAL OF 161 TO 166 UNITS AND COMMON AREAS . THERE IS NO ASSURANCE THAT THE OVERALL PROJECT WILL BE COMPLETED. 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 the common area of Lot 3 of Tract 5277 , together with a membership in the owners ' association and rights to use the common area on Tracts 4545 , 5277-1 , 5277-2 and Lots 1 and 3 of Tract 5277 . LOCATION AND SIZE : This subdivision is located between Portola Avenue and San Luis Rey Lane, within the City of Palm Desert and is serviced by the usual city amenities . This is the third increment , which consists of approximately 1 . 52 acres on which two buildings containing 12 units and a total of 30 parking spaces will be constructed. There are no provisions for parking space assignments . MANAGEMENT AND OPERATION: The Shadow Mountain Homeowners ' Association, Inc . , which you must join, manages and operates the common area( s) in accordance with the Restrictions , Articles of Incorporation and the Bylaws -4- of 7 pages FILE NO. 41653 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 two-bedroom unit will be $145 . 50 , of which $12 . 60 is a monthly contribution to long term reserves and is not to be used to pay for current operating expenses , and against each three-bedroom unit will be $170.60 , of which $15 . 12 is a monthly contribution to long term reserves and is not to be used to pay for current operating expenses. 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 decrease (or a smaller increase) in assessments , care should be taken not to eliminate amounts attribut- able to reserves for replacement or major maintenance . THE INFORMATION INCLUDED IN THIS 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 on the first day of the month following the closing of the first sale of a unit in the phase. 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 delin- quent 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. The subdivider has posted a bond , in the amount of $35 ,940 , as partial security for his obligation to pay these assessments . The governing body of the association should assure itself that the subdi- vider 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 , roadways and other purposes are shown on the title report and subdivision map recorded in the Office of the Riverside County Recorder, Map Book 95 , Pages 18 and 19 and the Condominium Plan recorded June 19 , 1978 , as File No. 124885 . -5- of 7 pages FILE NO. 41653 e L- RESTRICTIONS : This subdivision is subject to restrictions recorded in the Office of the Riverside County Recorder, April 29 , 1975 , as Instrument No . 48562 ; Amended August 26 , 1976 , as Instrument No. 126997 ; and to supplemental restrictions annexing this tract recorded June 20 , 1978 , as File No. 125717 . CONDITIONS OF SALE : If your purchase involves financing, a form of deed of trust and note will be used. These documents contain the follow- ing provisions : An acceleration clause. This means that if you sell the property, the lender may declare the entire unpaid loan balance immediately due and payable . A late charge . This means that if you are late in making your monthly loan 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 . PURCHASE MONEY HANDLING: The subdivider must impound all funds received from you in an escrow depository until legal title is delivered to you. (Ref. Sections 11013 , 11013 .2 (a) , Business and Professions Code. ) SEWAGE DISPOSAL : Municipal sewer line. PUBLIC TRANSPORTATION: Available one-half mile from project on Highway 111 . SCHOOLS : The Desert Sands Unified School District advises that the location. and distance from the most distant lot in the tract to the nearest schools serving this tract are as follows : Washington Elementary (K-2) , 45-768 Portola , Palm Desert , 1/4 mile ; Lincoln Elementary ( 3-5 ) , 74-100 Rutledge Way, Palm Desert , 11 miles; Palm Desert Middle School (6-8 ) , 74-100 Rutledge Way, Palm Desert, 112 miles ; Indio High , 81-750 Avenue 46 , Indio , 9 miles. School bus transportation is available to the above schools . NOTE : This school information was provided by the school district prior to issuance of the public report . Purchasers may contact -6- of 7 pages FILE NO. 41653 . 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, 101 South Broadway, Room 7001 , Los Angeles , California 90012 . TCD/klm -7- and last FILE NO . 41653 n Ilk DEPARTMENT OF REAL ESTATE OF THE STATE OF CALIFORNIA TELEPHONE NO . (213) 620-2700 v In the matter of the application of FINAL SUBDIVISION PUBLIC REPORT PALM DESERT VENTURE , LTD . FILE NO . 41652 a limited partnership ISSUED: SEPTEMBER 5 , 1978 for a Final Subdivision Public Report on TRACT NO . 5277 , LOT 1 "SHADOW MOUNTAIN RESORT AND RACQUET CLUB" RIVERSIDE COUNTY, CALIFORNIA EXPIRES : SEPTEMBER 4 , 1983 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 Pages six and seven of this Report. READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this SUBDIVISION. R/E Form 618 10/7 6 56503-W512-77 2SW 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 common-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 a 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 liened 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 budget. 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 a 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 were 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 base 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 be 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 a —2— of 7 pages FILE NO . 41652 SPECIAL NOTES TAXES : MOST OF THE SERVICES FURNISHED TO OWNERS AND OCCUPANTS OF SUBDIVISION PROPERTIES BY COUNTIES , CITIES AND LOCAL DISTRICTS HAVE IN THE PAST BEEN FINANCED WHOLLY OR IN PART FROM PROPERTY TAX REVENUES . PROPOSITION 13 (JARVIS-GANN INITIATIVE) SEVERELY LIMITS THE AMOUNT OF MONEY AVAILABLE TO LOCAL GOVERNMENT THROUGH PROPERTY TAXATION . AS A RESULT , IT MAY BE NECESSARY FOR LOCAL GOVERNMENT TO ELIMINATE OR CURTAIL SERVICES THAT HAVE BEEN PROVIDED IN THE PAST. IT IS NOT PRESENTLY POSSIBLE TO PREDICT THE LEVEL OF ANY SERVICE TO BE PROVIDED TO THIS SUBDIVISION BY LOCAL GOVERNMENT. 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 LIMITED TO THE RIGHT OF YOUR ELECTED REPRESEN- TATIVES TO VOTE ON CERTAIN PROVISIONS AT MEETINGS . THE COMMON PROPERTY AND FACILITIES WILL BE MAINTAINED BY THE ASSOCIATION OF HOMEOWNERS WHICH IS ALREADY IN EXISTENCE THE DEVELOPER MUST PAY ALL THE MONTHLY ASSESSMENTS WHICH HE OWES TO THE HOMEOWNERS ' ASSOCIATION FOR UNSOLD UNITS . THE PAYMENTS MUST COMMENCE IMMEDIATELY AFTER THE SUBDIVIDER CLOSES THE FIRST SALE OF A UNIT IN THIS PHASE. THE HOMEOWNERS ' ASSOCIATION MUST PREPARE AND DISTIBUTE TO THE HOMEOWNERS A BALANCE SHEET AND INCOME STATEMENT. PURCHASERS WILL BE REQUIRED TO JOIN THE SHADOW MOUNTAIN RESORT AND RACQUET CLUB (A NON-PROPRIETARY CLUB) UNTIL DECEMBER 31 , 1983 . THE CURRENT INITIATION FEE IS $300 AND THE ANNUAL DUES ARE $300 (DUES WILL NOT EXCEED $360 PLUS COST OF LIVING INDEX INCREASES THROUGH CALENDAR YEAR 1983 ) . THE SUBDIVIDER SHOULD FURNISH YOU A COPY OF THE CLUB AGREEMENT. THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION , RESTRICTIONS AND BYLAWS , 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 UNIT. . 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 BOTH UNITS OR LEASE THEM FOR MORE THAN ONE YEAR , YOU ARE REQUIRED TO OBTAIN AN AMENDED SUBDIVISION -3- of 7 pages FILE NO . 41652 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 . ) TO SECURE FINANCING FOR THIS SUBDIVISION ACCEPTABLE FOR ACQUISITION BY THE FEDERAL HOME LOAN MORTGAGE CORPORATION , IT HAS BEEN NECESSARY FOR THE SUBDIVIDER TO INCORPORATE INTO THE DECLARATION OF RESTRICTIONS AND OTHER MANAGEMENT INSTRUMENTS , PROVISIONS WHICH GIVE THE MORTGAGE LENDER A VOICE IN THE AFFAIRS OF THE HOMEOWNERS ' ASSOCIATION AND IN THE MANAGEMENT AND OPERATION OF THE ASSOCIATION , WHICH A LENDER DOES NOT ORDINARILY HAVE . IT IS RECOMMENDED THAT YOU READ AND UNDERSTAND THESE PROVISIONS BEFORE OBLIGATING YOURSELF TO PURCHASE A UNIT. THE TEN RESIDENTIAL UNITS AND COMMON AREA COVERED BY THIS REPORT COMPRISE THE FOURTH INCREMENT OF AN OVERALL PROJECT PROPOSED TO BE DEVELOPED IN THREE TO EIGHT INCREMENTS , WHICH INCLUDE A TOTAL OF 161 TO 166 UNITS AND COMMON AREAS . THERE IS NO ASSURANCE THAT THE OVERALL PROJECT WILL BE COMPLETED. 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 the common area of Lot 1 of Tract 5277 , together with a membership in the owners ' association and rights to use the common area on Tracts 4545 , 5277-1 , 5277-2, and Lots 1 and 3 of Tract 5277. LOCATION AND SIZE : This subdivision is located between Portola Avenue and San Luis Rey Lane, within the City of Palm Desert and is serviced by the usual city amenities. This is the fourth increment , which consists of approximately 1 . 66 acres on which four buildings containing ten units and a total of 25 parking spaces will be constructed. There are no provisions for parking space assignments. MANAGEMENT AND OPERATION : The Shadow Mountain Homeowners ' Association, Inc . , which you must join, manages and operates the common area( s) in accordance with the Restrictions , Articles of Incorporation and the Bylaws -4- of 7 pages FILE NO. 41652 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 two-bedroom unit will be $145 . 50 , of which $12 .60 is a monthly contribution to long term reserves and is not to be used to pay for current operating expenses, and against each three-bedroom unit will be $170. 60 , of which $15 . 12 is a monthly contribution to long term reserves and is not to be used to pay for current operating expenses. 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 decrease (or a smaller increase) in assessments , care should be taken not to eliminate amounts attribut- able to reserves for replacement or major maintenance . THE INFORMATION INCLUDED IN THIS 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 on the first day of the month following the closing of the first sale of a unit in the phase. 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 delin- quent 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. The subdivider has posted a bond , in the amount of $35 , 940 , as partial security for his obligation to pay these assessments . The governing body of the association should assure itself that the subdi- vider 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 , roadways and other purposes are shown on the title report and subdivision map recorded in the Office of the Riverside County Recorder, Map Book 95 , Pages 18 and 19 and the Condominium Plan recorded June 19 , 1978 , as File No. 124884 . -5- of 7 pages FILE NO . 41652 RESTRICTIONS : This subdivision is subject to restrictions recorded in the Office of the Riverside County Recorder, April 29 , 1975 , as Instrument No. 48562 ; Amended August 26 , 1976 , as Instrument No. 126997 ; and to supplemental restrictions annexing this tract recorded June 20 , 1978 , as File -No . 125715 . CONDITIONS OF SALE : If your purchase involves financing, a form of deed of trust and note will be used. These documents contain the follow- ing provisions : An acceleration clause . This means that if you sell the property, the lender may declare the entire unpaid loan balance immediately due and payable. A late charge. This means. that if you are late in making your monthly loan 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 . PURCHASE MONEY HANDLING: The subdivider must impound all funds received from you in an escrow depository until legal title is delivered to you. (Ref. Sections 11013 , 11013 .2(a) , Business and Professions Code. ) SEWAGE DISPOSAL :- Municipal sewer line. PUBLIC TRANSPORTATION: Available one-half mile from project on Highway 111 . SCHOOLS : The Desert Sands Unified School District advises that the location and distance from the most distant lot in the tract to the nearest schools serving this tract are as follows : Washington Elementary (K-2) , 45-768 Portola , Palm Desert, 1/4 mile ; Lincoln Elementary (3-5 ) , 74-100 Rutledge Way, Palm Desert , 1 '-z miles; Palm Desert Middle School (6-8 ) , 74-100 Rutledge Way, Palm Desert, 12 miles; Indio High, 81-750 Avenue 46 , Indio, 9 miles. School bus transportation is available to the above schools . -6- of 7 pages FILE NO . 41652 I 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 (2.13) 620-2700, or examine the documents at the Department of Real Estate, 107 South Broadway, Room 7001 , Los Angeles, California 90012 . TCD/klm -7- and last FILE NO . 41652 Councilman Newbrander stated that she disagreed with Mr. Sweet ' s argument that this would satisfy the requirements of working families in that the size of those apartments would not answer this type of need. They will become apartments for weekenders or single, working people. Mr . Williams agreed that they would probably be high-rent apartments. Councilman Wilson asked Mr. Williams if he saw all of the property owners getting together and developing a Plaster Plan for that area in PR-10. Mr. Williams indicated that he had already met with owners of all but 12 acres of the land, and that he did feel this could be accomplished. Mayor Mullins declared the Public Hearing closed. Councilman Wilson moved to refer the matter to the Planning Com- mission and asked them to study the possibility of PR-6 or R-1 zoning designation for that area. Councilman Newbrander seconded the motion. Councilman McPherson stated that he was personally concerned with the PR-6 designation in that he felt it was a continuation of the high-priced, low-density condominiums that we have in town now. He indicated a tendancy to not lean to the PR-15 suggested, but to go along with the Staff recommendation that there is a need for some apartment units in our city, and there is presently very little property remaining for this type of development . In view of the motion, he said that he would like to express his concern to the Planning Commission that they perhaps not only look at PR-6, but also something less than PR-10 but not necessarily as low as PR-6 . He expressed his hope that some type of compromise could be worked out so that the City could have some apartments as opposed to some high-priced condominiums in that area. Councilman Brush stated that he was in agreement with Councilman McPherson that there was a definite need for apartments within the City. He pointed out that neighboring cities , including Rancho Mirage, were also recognizing this need. Councilman Wilson amended his motion to refer the matter to the Planning Commission and ask them to study the possibility of either PR designation with lower density or R-1, and that they also consider putting in a Scenic Preservation Overlay designation over the entire area. Councilman Newbrander seconded the amended motion . Motion carried unanimously. VIII . RESOLUTIONS A. RESOLUTION NO. 77-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CAL.I­F k1IA-;--APPROVING THE FINAL SUBDIVISION MAPS FOR TRACTS 5277, 5277-2 , and 5277-3, AND APPROVING THE STANDARD SUBDIVISION ION AGREEMENT RELATING THERETO. Mr. Ortega explained that this was a request for final approval of a tract map for Shadow Mountain Resort & Racquet Club, and it conforms to the approved Tentative Tract Map. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No . 77-95. Motion carried unanimously. B. RESOLUTION NO. 77-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT 6671-2 , ACCEPTING DEDICATIONS THEREON AND APPROVING THE STANDARD SUBDIVISION AGREEMENT RELATING THERETO. Mr. Ortega explained that this request was for approval of a Final Tract Map for Portola-De Sol . This Map has received prior final approval . However, the developer failed to sub- mit the necessary bonds within the designated 60-day period; thus the approval expired. Mr . Ortega assured that everything was now in order, and Staff recommended approval . Councilman Newbrander moved and Councilman McPherson seconded to waive furrier reading and adopt Resolution No . 77-96. Motion carried unanimously . Seotember 8 . 1977 p,QA a INTEROFFICE MEMORANDUM City of Palm Desert TO: Honorable Mayor and Members of the' Ci,ty Council FROM: City Engineer SUBJECT: Tract 5277-1 duction of Security DATE. May 9, 1977 for Faithful Performance Recommendation: Adopt a motion authorizing the reduction of the improvement security for Faithful Performance for Tract 5277-1 from $120,OOO to $14,000. Discussion: .The developer of Tract 5277-1 , located at the Shadow Mountain Tennis Club,has completed, the majority of the required improvements. The remainder cannot be completed until the water line serving the next phase is installed. He has requested during the interim period that the faithful performance security be reduced to an amount necessary to cover the work not completed. This amounts to $10,000 for water- works and $4,000 for street -improvements. The request is reasonable in this case. } ?A cL) ✓' � �,�,� CONDOMINIUM DECLARATION FOR SHADOW MOUNTAIN RESORT AND RACQUET CLUB THIS DECLARATION is made this 24th day of April, 19.75 by PALM DESERT VENTURE, LTD. , a California limited partnership (hereinafter referred to as "Declarant") . WITNESSETH WHEREAS, Declarant is the sole owner of the Real . Property and the Project both as hereinafter defined; and WHEREAS, Declarant has previously by mistake caused another "Condominium Declaration . for Shadow Mountain Resort and Racquet Club" to be recorded on March 28, 1975 , as Document Number 35472 of Official Records in the Office of the, County Recorder of Riverside County, California, which Condominium Declaration purported to affect the Project; and WHEREAS, no part of the Project has on the date hereof been sold or conveyed by Declarant to another, and Declarant desires to. cancel .said previously recorded document and declare the same -void; NOW, THEREFORE, Declarant hereby declares that the said "Condominium Declaration for Shadow Mountain Resort and Racquet Club" recorded March 28, 1975, is cancelled, withdrawn and void for all purposes, and all of the Real Property and the Project shall be held, sold and conveyed subject to the provisions of this Declaration. I.. DEFINITIONS. 1.1 Declarant. "Declarant" means Palm Desert Venture, Ltd. ,, a California limited partnership, its successors and assigns. 1. 2 Real Property. "Real Property" means the land located in the City of Palm Desert, Riverside County,, California, described and shown as Lot _1 on the final map for Tract 4545 , recorded in Book 81, Pages 8 to 91 inclusive, in the Office of the County Recorder of River- side County, California, together with all rights and interests 'appurtenant thereto. 1. 3 Building. "Building" means any structure having a roof, supported by columns or walls, and intended for the housing of any person, constructed on the Real Property. 1. 4 Project_. "Project" means the Real Property and all Buildings and other improvements now or hereafter located on the Real Property. "Project" shall include all personal property now or hereafter owned or leased by the Association, as hereinafter defined, and used in connec- tion with other elements of the Project. 1. 5 Condominium Map. "Condominium Map" means the Condominium Map for Tract 4545, Shadow Mountain Resort and Racquet Club recorded on March. 28 , 1975 , Document Number 35471, in the Office of the County Recorder of Riverside County, Cali- fornia. 1.6 Individual Space. "Individual Space" means . an individual air space unit as herein more particularly defined. An Individual. Space consists of an enclosed room or rooms occupying all or part of a floor or floors in a . Building. Each Individual Space is shown on the Condo- minium Map and is identified thereon with a number. The boundaries of each Individual- Space are shown on the Condominium Map by heavy lines along the walls , ,-.floors and ceilings which mark the perimeter boundaries of the individual Space. The exact boundaries of an Individual Space are the interior surfaces of such walls, floors and ceilings which mark the perimeter boundaries and, where found along such walls , floors and ceilings , the interior surfaces of built-in fireplaces and of windows and doors in their closed position, and the Individual Space includes both the portions of the Building so des- cribed and the air space so encompassed. Any Common Elements, as hereinfter defined, which may be within an Individual Space shall not be part of the Individual Space or owned by the Owner of the Condominium Unit, as herein- after defined, of which the Individual Space is a part. -la- 1.7 Common Elements . "Common Elements" means all of the Project, except the portions thereof which con- stitute Individual Space, and shall -include any part of any Building or any facilities or fixtures which may be within an Individual Space which are or may be neces- sary or convenient to the support, existence, use, occu- pancy, operation, maintenance, repair, or safety of any Building or any part thereof or any other Individual Space therein. Without limiting the generality of the foregoing, the following shall constitute Common Elements : (a) all of the Real Property; (b) all foundations , columns, girders, beams and supports of any Building; (c) all exterior walls of any Building, the main or bear- ing walls within any Building, the main or bearing sub- flooring and the roofs of any Building; (d) all entrances, exits, corridors, lobbies, basements, lounges, linen rooms, laundry rooms, storage space, stairs, stairways, landings and fire escapes not within any Individual Space; (e) all service and maintenance areas , spaces , fixtures, apparatus, installations and facilities for purposes of power, light, gas, telephone, television, hot water, cold water, heating, refrigeration, air conditioning, incineration, trash collection, or similar utilities , including furnaces, tanks , pumps, motors, fans, compressors , vents , ducts , flues, wires, pipes, conduits and other similar fixtures , apparatus, installations and facilities, provided they do not exist solely to serve an Individual Space in which they may be located; and (f) all reception areas, offices , open space, landscaped areas, swimming and hydrotherapy pools , shrubbery, walkways, parking areas, patios (except those identified on the Condominium Map as Limited Common Elements) , balconies, driveways and vending machine enclosures. 1.8 Condominium Unit. "Condominium Unit" means an Individual Space together with the undivided interest in the Common Elements appurtenant to that Individual Space. The undivided interest in Common Elements appurtenant to each Individual Space is set forth hereinafter. 1.9 Owner. "Owner" means the person or persons or entity or entities , including Declarant, who own fee simple title to a Condominium Unit. The term Owner shall not include the owner or owners of any lesser estate or interest. 1.10 Guest. "Guest" means any employee, tenant, guest (whether or not for hire) or invitee of an Owner; and any person or entity who has acquired any title or interest, less than fee simple, in a Condominium Unit by, through or under an Owner, including a lessee, licensee or mortgagee and any employee, tenant, guest, (whether or not for hire) or invitee of any such- person or entity, provided that any employee shall only be considered a Guest if such employee is occupying an Individual Space owned or occupied by the employer of such employee. 1.11 Mortgagee. "Mortgagee" means any person or entity who is a mortgagee under a recorded mortgage or a beneficiary under a recorded deed of trust or the holder of a similar recorded security instrument encum- -2- bering a Condominium Unit. "First Mortgagee" means the Mortgagee under the first and most senior of all recorded mortgages , deeds of trust and similar instruments encum- bering a Condominium Unit. 1.12 Association. "Association" means The Shadow Mountain Homeowners ' Association, Inc. , a non- profit California corporation, its successors and assigns . 1.13 General Common Elements. "General Common Elements". means all Common Elements except Limited Common Elements, as hereinafter defined. 1.14 Limited Common Elements . "Limited Common" Elements" means any portion of the Common Elements designated on the Condominium Map or on any supplemental Condominium Map for exclusive use by the Owner of a particular Condominium Unit. 1.15 Points. "Points" are numerical figures assigned to each Individual Space to fix the proportionate interest of the Owner of that Individual Space in Common Elements, the proportionate voting power of that Owner in the Association and the proportionate share of the total assessments levied by the Association to be borne by that Owner. The Points assigned to each Individual Space are set forth in Exhibit A. 1.16 Total Points .- "Total Points" means the sum of all the Points assigned to each Individual Space in the Project, which at no time shall exceed a total of 800. 1.17 Expansion. Declarant may construct one or more additional buildings and ether improvements on land owned by it in the vicinity of the Project, and wishes to provide for expansion of the Project to include such land and additional buildings- and other improvements as and when constructed, which land and additional buildings and other improvements shall be integral parts of the Project. Such expansion is described and provided for in Article X hereof. II.. DECLARATION AND EFFECT THEREOF. 2.1 Declaration. Declarant for itself, its successors and assigns, as Owner of the Project, hereby declares that the Project shall at all times be owned and held in condominium ownership under the laws of the State of California and shall at all times be owned, held, used, and occupied subject to the provisions of this Declaration. 2.2 Division into Condominium Units. The Project is hereby divided .into Condominium Units , each consisting of a separate fee simple estate in a particular Individual Space and an appurtenant undivided fee simple interest in the Common Elements . Subject to the provisions -3- r of Article X hereof, the undivided interest in Common Elements appurtenant to a particular Individual Space is a fraction, the numerator of which is the Points 4ssigned to that Individual Space as shown on Exhibit A hereto and the denominator of which is the Total Points. Each Owner shall own his appurtenant undivided interest in Common Elements as 'a tenant in common with all other Owners. 2.3 Description of a Condominium Unit. Any instrument affecting a Condominium Unit may legally des- cribe it.by reference to the identifying Condominium Unit number shown on the Condominium Map. This identifying num- ber for a Condominium Unit in the Project is the number on the Condominium Map identifying the Individual Space which is part of that Condominium Unit. A legal description . of a Condominium Unit in the Project may be iri the ' following form: "A condominium comprised of: PARCEL 1: An undivided 31y0 interest in and to Lot - of Tract No. t.Ezs , in the City of Palm Desert, County of Riverside, State of California, as per map recorded in Book 1 of maps , at PageS 8 f 9 in the office of the County Recorder of said County. EXCEPTING THEREFROM Units / through 410 as shown upon the condominium plan recorded onds1Q�� as Document Number 35 of Official Recor of said County. PARCEL 2: Unit as shown upon the condominium plan referred to in PARCEL 1 above. and any conveyance or other instrument affecting title to a Condominium Unit or any part thereof shall be deemed to include and describe the entire Condominium Unit in- cluding the appurtenant undivided interest in Common Elemlents and all of the rights, easements , obligations, limitations, encumbrances, covenants, conditions and restrictions benefiting or burdening. the Condominium Unit under the terms of this Declaration. Any reference to Shadow Mountain Resort and Racquet Club in any description shall mean Shadow Mountain Resort and Racquet Club according to this Condominium Declaration, as filed and recorded in the Office of the Recorder of Riverside County, California. 2.4 Duration of Condominium Ownership. The condominium ownership of the Project created under this Declaration shall continue until this Declaration is terminated or revoked as hereinafter provided. 2.5 Inseparability. The separate estate . in an Individual Space and the appurtenant undivided inter- est in Common Elements which constitute a Condominium Unit shall be inseparable for the period of condominium ownership hereinabove described. 2.6 Partition not Permitted. The Common Elements shall be owned in common by all Owners , and there shall be -no judicial or other partition of the Common Elements, or any part thereof, .nor shall any owner bring any action seeking partition thereof except in accordance with the provisions hereof. -4- r 2. 7 Ad Valorem Taxation. All taxes, assess ments and other charges of the State of California or of any political subdivision or of any';special improvement district or of any other taxing or assessing authority shall be assessed against and collected on each Condominium Unit separately and not on the Buildings or Project as a whole and each Condominium Unit shall be carried on the tax books as a separate and distinct parcel. For the purpose of valuation for assessment, .the valuation of the Common Elements shall be apportioned among the Condo- minium Units in proportion to the fractional undivided interests in Common Elements included in such Condo- minium Units. The Association shall deliver to the County Assessor of Riverside County, California all necessary information with respect to such apportionment of valuation of Common Elements for assessment. The lien for taxes assessed to any Condominium Unit shall be con- . fined to that Condominium Unit. No forfeiture .or sale of any Condominium Unit for delinquent taxes, assessments or other governmental charges shall divest or in any way affect the title to any other Condominium Units. 2. 8 Mechanics Liens. No labor performed or materials furnished for use in .connection with any Condominium Unit with the consent or at the request of the Owner of such Condominium Unit or such Owner' s agent, con- tractor or subcontractor, shall create any right to file a statement of mechanic' s lien against the Condominium Unit of any other Owner not expressly consenting to or requesting the same* ,or against any interest in the Common Elements except the undivided interest therein included in the Condominium Unit of the owner for whom such labor shall have been performed or such materials shall have been furnished. Each Owner shall indemnify and hold harmless each of the other Owners from and against liability or loss arising from the claim of any lien against the Condominium Unit of such other Owner for labor performed or materials furnished for use in connection with the first Owner' s Unit. At the written request of any Owner the Association shall enforce such indemnity by collecting from the Owner of the Condominium Unit on which the labor was performed and/or for which the materials were furnished the amount necessary to discharge any such lien, including all costs incidental thereto, including attorney' s fees. If not promptly paid, the Association may collect the same in the manner provided herein for collection of assessments for the purpose of discharging the lien. III. VARIOUS RIGHTS AND EASEMENTS, 3.1 Owner' s Rights in General. Common Elements. Subject to the provisions of this Declaration, each Owner and each Owner' s Guests shall have a nonexclusive .right to use and enjoy the General Common Elements for the purposes for which they are intended, provided there is no hindrance or encroachment upon the lawful rights of use and enjoyment of other Owners and their Guests as , described in this Declaration and the rules and regula- tions of the Association. -5- � F 3.2 Owner's Rights in Limited Common Elements. Subject to the provisions of this Declaration, each Owner and each Owner's Guests shall have an exclusive right to use and enjoy the Limited Common Elements in- cluded in the Condominium Unit owned by such Owner. 3.3 Owner's Rights in Individual S ace. Sub- ject to the provisions of this Declaration, eac Owner shall have full and complete dominion and ownership of the Individual Space which is part of the Condominium Unit owned by such Owner and each Owner and each Owner's Guests shall have the exclusive right to use and enjoy the same. Each Owner shall have the right to paint, repaint, tile, wax, paper and otherwise refinish and decorate the interior surfaces of the walls, ceilings , floors and doors which are or are within the boundaries of his Individual Space. 3.4 Association Rights. The Association shall have a nonexclusive right and easement to make such use of General Common Elements as may be necessary or appropriate for it to perform the duties and functions which it is obligated or permitted to perform under this Declaration, and a nonexclusive right of entry, after reasonable notice to the Owners, during reasonable hours, into Limited Common Elements and Individual Space as may be necessary for the operation of the Project or for making emergency repairs therein necessary to prevent damage to any Condominium Unit or to Common Elements; any such emergency repairs made by the Association shall be made at .the sole expense of the Owner of such Indi- vidual Space. 3.5 Owner's Easements for Access, Support and Utilities. Each Owner shall have a nonexclusive easement o-access between the Individual Space which is part of the Condominium Unit of such Owner and public roads and streets, including, without limitation, over the corridors, lobbies, basements, lounges, linen rooms , laundry rooms, trash collection areas , storage space, stairs, stairways , landings, fire escapes, reception areas, offices , open space, landscaped areas , swimming and hydrotherapy pools, shrubbery, walkways, parking areas, patios (except those designated as Limited Common Elements on the Condo- minium Map) , balconies, driveways, vending machine enclosures and any other exterior access and/or other easements which are part of the Common Elements; each Owner shall have a nonexclusive easement in and over Common Elements, including Common Elements within the Individual Space .of another Owner, for horizontal and lateral support of the Individual Space which is part of his Condominium Unit and for utility service ,provided to that Individual Space, including water, sewer, gas, electricity, telephone and television service. 3.6 Easements for Encroachments. If any part of the Common Elements encroaches or shall hereafter en- croach upon an Individual Space, an easement for such encroachment and for the maintenance of the same shall exist. If, any part of- an Individual Space encroaches -6- or shall hereafter encroach upon the Common Elements, or ,upon another Individual Space, the Owner of that Individual Space shall have an easement for such encroach- ment and for the maintenance of the same. Such encroach- ments shall not be considered to be encumbrances either on the Common Elements or on Individual Space. En- croachments referred to herein include, but are not limited to, encroachments caused by error in the original construction of the Building, by error in .the Condominium Map, by settling or shifting of the Building, or by changes in position caused by repair or reconstruction of the Pro- ject or any part thereof. 3. 7 Easements in Individual Space for Repair, ' Maintenance and Emergencies. Some of the Common Ele- ments are or may be located within an Individual Space or may be conveniently accessible only through an Individual Space. The Association shall have an ease- ment for access through each Individual Space from time to time during such reasonable hours as may be necessary for the maintenance, repair or replacement of any of the Common Elements located therein or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the .Common Elements or to another Individual Space. 3. 8 Negligence or Wilful Misconduct. Any damage to any. Condominium Unit caused by the negligence or wilful misconduct or the Association or any of its agents during any entry onto any Individual Space shall be repaired by and at the expense of the Association. 3. 9 Right to Combine Condominium Units. Sub- ject to the following provisions, an Owner shall have the right to combine a Condominium Unit with one or more adjoining Condominium Units. Declarant, and any successor or assign of Declarant Who has succeeded to substantially all of the assets and business of Declarant, shall have the foregoing right without the necessity of approval by the Association. Any other Owner shall have such right only after obtaining written approval from the Association. A combination of Condominium Units shall become effective only when the Owner of the Condominium Units; which are to be combined executes and records in the . office of the Recorder of Riverside County, California, a written statement. describing the Condominium Units` to be combined .and declaring that the same are com- bined. In the event of such combination of Condominium Units, the Individual Spaces of each may be deemed one Individual Space and the undivided interest in Common Elements appurtenant to each of the Individual Spaces so combined may be deemed combined and, as com- bined, appurtenant to the one enlarged Individual Space which results from the combination. In the event of such combination, any part of the Building within .the new perimeter boundaries of the combined Individual Spaces shall cease to be Common Elements if such part of the Building would not have constituted Common Elements had the combined Individual .Spaces been -7- originally designated on the Condominium Map as a single . Individual Space. The number of ,Points allocated to such combined Condominium Unit shal2 ,equal the sum of the Points previously allocated to each Condominium Unit so combined. 3.10 Partition of Individual Spaces Prohibited. No Owner shall_ partition or subdivide any Condominium Unit so as to convey to a prospective Owner an interest in less than an entire Individual Space; provided, however, that an Owner of a Condominium Unit consisting of two or more Condominium Units combined pursuant to Article 3. 9 may partition and subdivide such Condominium Unit into Condominium Units conforming to the dimensions of the Individual Spaces described in the Condominium Map de- fined in- Article 1. 5 hereof. An Owner shall have the right, if such Owner. .owns two adjacent Condominium Units, to create a doorway between the Individual Spaces in any common wall. This Article. isinot intended, however, to prohibit joint or common ownership by two or more persons or entities of a Condominium Unit. IV. CERTAIN RIGHTS AND. OBLIGATIONS .OF THE ASSOCIATION. 4.1 Association As Attorney-in-Fact for Owners. The Association is hereSy—'ir-rrevocably appointed attorney- in-fact for the Owners of all Condominium Units and each of them to manage, control ,and deal with the interest of such Owner in Common Elements so as to permit the Associa- tion to fulfill all of its duties and obligations hereunder and to exercise all of its rights hereunder; to deal with the Project upon its destruction or obsolescence as here- inafter provided; and to deal with and handle insurance and insurance proceeds and condemnation and condemnation awards as hereinafter provided. The acceptance by any person or entity of any interest in any Condominium Unit shall constitute an appointment of the Association as attorney-in-fact as . herein provided. 4. 2 Common Element Maintenance. The Association shall be obligated to provide for the care; operation, management, maintenance, repair and. replacement of the Common Elements. Without limiting the generality of the foregoing, said obligations shall include keeping the Common Elements in good, clean, attractive and .sanitary condition, order and repair; repairing wind and sand damage'; removing any debris or materials from the Common Elements to permit access to the Project and to the Individual Space of each Condominium Unit; keeping the Project safe, attractive and maintained in a manner desirable as a residential community; and making necessary or desirable alterations, additions, betterments or improvements to or on the Common Elements. 4. 3 Other Association Functions. The Associa- tion may undertake or contract for any lawful activity, function or service for the .benefit,' or to further the interests, of all, some or any Owners of Condominium Units on a self-supporting, special assessment, or common assess- ment basis. Such activities, functions or services may -8- include the providing of police or similar security ser- vices , the providing of maid and cleaning service for individual Condominium Units , the- providing of legal and accounting services necessary or desirable in connection with the operation of the Project or the enforcement of this Declaration, the providing of lighting, heating, water, garbage and trash collection from each Condominium Unit and from the Common Elements, sewer service and other common services , and the providing of check-in, mail and telephone switch- . board and answering services. If such functions or services include furnishing or providing services for the care and maintenance of Condominium Units or the renting, leasing., purchase, sale or exchange of Condominium Units on behalf of Owners, no Owner shall be required to utilize the Associa- tion or any person or entity contracted with by the Association. for such services and all costs and expenses incurred by the Association in connection with such services ,. if such costs and expenses would not otherwise be incurred by the Association, shall be charged to the Owners who utilize such services and not to any other Owners. The Association may obtain from any governmental authority any licenses necessary or appropriate to carry out its functions hereunder. 4.4 Labor and Services. The Association may obtain and pay for the services of any person or entity to manage its affairs , or any part thereof, to the extent it deems advisable, as well as the services of such other personnel as the Association =shall determine to be necessary or desirable for the proper operation of the Project, whether such personnel are furnished or employed directly by the Association or by any person or entity with whom or which it contracts . The Association may grant such person or entity the exclusive right to use some storage and office/reception areas of the Project for the benefit of all, some or' any Owners. No change in such person or entity shall become effective until thirty (30) days after written notification of such change (not including any change in employees of a corporate entity) is sent to any First Mortgagee who has previously given the Association written notification that such First Mortgagee desires to be so notified. 4 .5 Personal Property of Association.' The Association may acquire and 'hold -tangible and intangible personal property and may dispose of the same by sale .or otherwise. -Subject to the rules and regulations of the Association, each Owner and each Owner's guests may use such property. Upon termination of condominium owner- ship of the Project and dissolution of the Association the beneficial interest .in any .such property shall be deemed to be owned by the then Owners in the same proportion as their respective interests in the Common Elements . 4 .6 Association Right to Lease and License Common. Elements. The Association shall ave the rig t to license to, or permit the use of by, fewer than .all of the Owners , on a short term basis , with or without charge as the Association may deem desirable, any. portion of the General Common Elements or any Condo-. minium Unit owned by the Association, and may contract. with any person or entity to manage the Common Elements or any Condominium Unit owned by the Association, which person or entity shall have said right. 4 .7 Rules and Regulations . The Association or any person or entity contracted with by the Association to manage the Project may make and enforce reasonable and uniformly applied rules and regulations governing the use of Individual Space and of Common Elements. Such rules and regulations may, without limitation: (a) regulate use of Common Elements to assure equitable use and enjoyment by all persons entitled thereto; (b) require that draperies , shades or other window coverings shall present a uniform and attractive appearance from the exterior of the Buildings; (c) assign particular portions of storage areas within the Common Elements for exclusive use by Owners of particular Condominium Units ; and (d) restrict or limit Owners rights to use those portions of the Common .Elements which may be licensed by the Association for a particular use, purpose or event . The Association shall furnish each Owner with a written copy of each and every rule or regulation adopted pursuant to this Article .4.7 , however, failure to furnish said copy shall- not be deemed to invalidate said rules or regulations to any extent. The Association shall have the right to enforce any of the rules and regulations, of the Association, the obligations of any Owner .under this Declaration or any provision of the Articles or Bylaws by having the Associa- tion assess a fine against such Owner and/or suspend the right of such Owner to use the Common Elements and/ or suspend the right of such Owner to. vote at meetings of the Association; provided that any such fine may not exceed the sum of two hundred dollars ($200 .00) per violation and such use and/or voting suspension may not be imposed for a period longer than thirty (30) days per violation. If any such fine imposed on an Owner by the Association is not paid by said Owner within sixty (60) days after said Owner has received from the Association written notice of the imposition of such fine, then the amount of such fine shall be added to the amount of the regular assessment charged to said Owner and shall be enforceable as an Assessment in accordance with Article VI hereof. No penalty may be imposed under this Para- graph until the Owner accused of any such violation has been afforded the right to have. a hearing before the Board of Directors of the Association or a committee designated by the Board to conduct such hearing, or has , .in writing, waived such right. Each such Owner shall have the right to be heard in person, by submission of a written statement, or through a spokesperson, at any such hearing. . The Association may also take judicial action against any . Owner to enforce compliance with such rules , . regulations or other obligations or to obtain damages for noncompliance, all to the extent permitted by law. -10- 4. 8 Landscape Buffer. The Association hereby agrees that in the event that Tract .5277 is annexed to the . Project the Association will assume and agree to perform the obligations of Declarant to maintain in an appropriately landscaped manner a ten (10) foot wide right of way on land owned by the City of Palm Desert along what will then be the common boundary of the Project with San Luis Rey Lane. 4.9 Certain Obligations of Association. The Association hereby agrees that in the event that Tract 5277 is annexed to the Project the Association will assume and agree to perform' the obligations of Declarant, as successor- in-interest to Shadow Mountain Park, Inc. , as described in that certain Grant of Right Way in' Perpetuity for all Purposes dated November 20 , 1968 , by and between Shadow Mountain Park, Inc. , and Shadow Mountain Golf Club, recorded December 27 , 1968 as Instrument Number 125944 , Official Records , Riverside County, California. 4 .10 Imelied Rights . The Association shall have and may exercise any right or privilege given to it expressly by this Declaration, or reasonably to be implied from the provisions of this Declaration, or given or implied by law, or which may be necessary or desir- able to fulfill its duties , obligations , rights or privileges . V. THE ASSOCIATION. 5.1 General Purposes and Powers . The Association has been or will e incorporated to be and constitute the Association to which reference is made in this Declaration. 5.2 Membership. Each Owner, by virtue of being an Owner and for so long as he is an Owner, shall be a member of the Association. 5. 3 Board of Directors . The affairs of the Association shall be: managed. by a Board of Directors which may by resolution delegate any portion of its authority to an Executive Committee composed of not fewer than two Directors . Members of the Board of Direc- tors shall be elected annually by Owners . The number and ,qualifications of-Directors shall be as provided in the Articles of Incorporation and Bylaws of the Associa- tion. All of the Directors shall be Owners of Condominium Units except those Directors who are elected while Declar- ant is the Owner of five or more Condominium Units . 5.4 Voting of Owners . Each Owner shall have one vote for eacc Point assigned to his Condominium Unit, provided that, for each phase of the Project, in the event there is more than one phase, for a period of three (3) years from the date on which the final Public Report for said phase . of the Project is issued by the California Department of Real Estate, or until 75 percent (75%) of the Condominium Units have been sold by Declarant, whichever is sooner, Declarant shall have three votes for each Point assigned to its Condominium Units in said phase for w'iich Certificates of Occupancy have been granted by the appropriate governmental body but which have not been sold; -11- the term "phase" as used herein shall mean the annexation of Condominium Units to the Project in accordance with Article X hereof. Voting by proxy shall be, permitted. In the event of multiple Owners of the same Condominium Unit, the multiple Owners shall, prior to each meeting of Owners , provide the Board of Directors with a written statement, signed by each such multiple Owner, indicating how the votes assigned to the Condominium Unit owned by such multiple Owners are to be divided among such multiple Owners ; provided, however, that in the event that the Board of Directors does not receive such a statement prior to any such meeting,. the votes for . such Condominium Unit shall be apportioned. equally among the Owners of such Condominium Unit present at such meeting. At any election of the members of the Board of Directors of the Association, every Owner entitled to vote may cumulate his votes and give any one or more cand�.d�tes a ,number of votes equal to the number of votes` !�a`id Osr»,erA may cast multiplied by the number of Direc�,ors. to bi;-: eJec;4ed, The right to vote may not be severed or- pIeparated froim any Condominium Unit, and any sale, transfer or conveyance of any Condominium Unit tp anew Owner or Owners shall operate to transfer the appurtenant voting rights with out the requirement of any express reference thereto. 5.5 Notices . Each owner shall be entitled to notice of any meeting at which such Owner has the right to vote. Notices of meetings shall be in writing and shall state the date, time and place of the meeting and shall indicate each matter to be voted on at the meeting which is known to the Association at the time notice of the meeting is given. Such notices shall be given not less than ten (10) nor more than fifty (50) days .before the date of the meeting. Any notice shall be deemed given and any budget or other information or material shall be deemed furnished or delivered to a party at the time a copy thereof is deposited in the mail or at a telegraph office, postage or charges prepaid, addressed to the party, and in any event, when such party actually receives such notice, information or material. Any notice, informa- tion or material shall be deemed properly addressed to an owner if it is addressed to the name and address shown on the most recent written notice of name and address , if any, furnished to the Association by such Owner or, if a name and address is not so furnished, if it is addressed "To the Owner" at the address of the Condominium Unit of such Owner. 5.6 Record Date. The Board of Directors. of the Association all have the power to fix in advance a date as a record date for the purpose of determining Owners entitled to notice of or to vote at any meeting or to be' furnished with any budget or other information or material, or in order to make' a determination of Owners for any purpose. Notwithstanding any. provisions of Article 5 . 5 hereof to the contrary, the Owners existing on any such record date shall be deemed the Owners for -12- such notice, vote, meeting, furnishipg of information or material or other purpose and for any supplementary notice, or information or material with respect to the same matter and for any adjournment of the same meeting. A record date shall not be more t'-an thirty (30) days prior to the date on which the particular action requir- ing determination of Owners is proposed or expected to be taken or to occur. If no record date is established for a meeting, the date on which notice of such meeting is first given to any Owner shall be deemed the record date for the meeting. 5.7 Quorums . The presence of Owners who hold votes equal to one-quarter of the total voting power of the Association, in person or by proxy, at a meeting to consider a matter shall constitute a quorum for considera- tion of that matter. If a quorum is established for con- sideration of a matter, except as a greater percentage of votes is required under a specific provision of this Declaration, a majority of the votes cast on the matter or, in the case of elections in which there are more than two candidates , a plurality of votes cast, shall decide the matter. 5. 8 Articles of Incorporation and. Bylaws . The purposes and powers of the Association and the rights and obligations with respect to Owners as members of the Association set forth in this Declaration may and shall be amplified by provisions of the Articles of Incorporation and Bylaws of the Association, including any reasonable provisions with respect to corporate matters , but in the event that any such provisions may be, at any time, inconsistent with any provision of this Declaration, the provisions of this Declaration shall govern. VI. ASSESSMENTS. 6.1 Assessments. Each Owner shall be obligated to, and shall, pay to the Association amounts as herein- after provided based on each Point assigned to the Condo- minium Unit of such Owner which amounts are herein called Assessments. Assessments shall include Regular and Supplementary Assessments. Subject to the provisions hereof, the Board of Directors of the Association shall have the power and Authority to determine all matters in connection with Assessments , including, without limitation, power and authority to determine where, when and how Assessments should be paid to the Association, and each Owner shall comply with all such determinations. 6. 2 Determination of Budgets and Assessments . Unless the Board of Directors of the Association shall designate otherwise, the fiscal year of the Association shall commence on September 1 of each calendar year. Within thirty (30) days prior to the commencement of each fiscal year of the Association, the Board of -13- Directors of the Association shall determine the total amount to be raised by Regular Assessments during such fiscal year. The amount to be raised by- Regular Assessments for any fiscal year shall be determined in the following manner: (a) The Board of Directors shall determine the amount necessary to cover the costs and expenses of fulfilling the regular operating functions and obligations of the Associa- tion in that fiscal year plus an amount sufficient to provide a reasonable carryover reserve for. the next fiscal year (the "Fee") . The amount to be raised by the Fee shall include amounts necessary to cover obligations made in connection with, or contemplated under, any previously approved budgets; (b) The Board of Directors shall determine the amount necessary for the capital replacement reserve fund for capital replacements and improvements . The total amount required to be raised by Regular Assessments for any fiscal period less than a full fiscal year shall be the total amount required to be raised for the fiscal year determined as above multiplied by a fraction, the numerator of which is the number of days in the fiscal period and the denominator of which is the number of days in .that fiscal year;. provided that the Board of Directors may adjust said amount to reflect monthly fluctuations in operating costs . To determine the total amount required to be raised by Regular Assessments , the Board of Directors shall prepare or cause to be prepared and approve a budget for the fiscal year showing, in reasonable detail, the estimated oper- ating costs and expenses which will be payable in that fiscal year out of the Fee. The Board of Directors shall subtract from such estimated costs and expenses an amount equal to the anticipated surplus attributable to Fees collected but not disbursed in the fiscal year immediately preceding the fiscal year for which such estimate has been prepared; provided that in lieu of such subtraction the Association may elect to refund to the Owners said anticipated surplus . The Budget shall also show the amount necessary for the capital replacement reserve fund. The Board of Directors shall furnish a copy of the budget to each Owner. Prior to the conveyance. of the first Condominium Unit to be sold in the Project, the Association shall prepare a budget estimating the costs and expenses to be incurred by the Association from the time of the sale of the first Condominium Unit until the commencement of the first full fiscal year and determining the amount of Regular Assessments to be" assessed to each Owner including Declarant during said time. Such Regular Assessments shall be assessed to each Owner as provided in Article 6 .3 hereof commencing on the first day of the month following the month in which the sale of the first Condominium Unit occurs . Declarant shall be responsible for the assessments on Condominium Units which it owns . If the Board of Directors fails to determine or cause to be determined the total amount to be raised by -14- Regular Assessments in any. fiscal year, and/or fails to notify the Owners of the amount of such Regular Assessments for any fiscal year, then any funds held by or on behalf of the Association with the exception of capital replacement reserve funds may be used for the operation of the Project. Except as emergencies may require, the Associa- tion shall make no commitment or expenditures in excess of the funds reasonably expected to be available to the Association. In addition to Regular,Assessments , the Associa- tion may levy Supplementary Assessments , payable over such period as the Association may determine: (a) for the pur- pose of defraying, in whole or in part, to the extent the amounts in the capital replacement reserve fund are insufficient therefor, the cost of any construction or recon- struction, repair or replacement of the Project or any part there- of; (b) for the purpose of defraying any other expense incurred or' to be incurred as provided 'in this Declaration; or. (c) to cover the deficiency, in the event that, for whatever reason, the amount received by the Associa- tion from Regular Assessments is less than the amount determined and assessed by the Association. If the amount of the Supplementary Assessment is two thousand dollars ($2 ,000.00) or more, such Supplementary Assessment may not be levied without the prior approval of a majority of the Owners excluding Declarant. 6. 3 Apportionment of Assessments. The amount of the Regular . or Supplementary Assessment for any fiscal period payable by the Owner of a Condominium Unit for each Point assigned to such Condominium Unit shall be computed by multiplying the total amount to be raised by such Assessments by a fraction, the numerator of which shall be one and the denominator of which shall be the Total Points assigned to all .Condominium Units in the Project. For the purposes of Assessments , Declarant shall be considered to own only the Condominium Units for which Certificates of , Occupancy have been granted by the appropriate governmental body,, but which have not been sold, and the Points assigned to Declarant shall be those attributable to said Condominium Units. 6. 4 Accounting Procedures for Assessments . Regular Assessment notices sent to Owners shall specifically identify the amount of any Regular Assessments allocated to the Fee and the amount allocated to the capital replacement reserve fund for the fiscal period covered by the Regular Assessment notice. Capital replacement reserve funds shall not be commingled with any other funds collected by the Association; any interest earned on such funds shall be treated as Fee income. 6. 5 Time for Payments. The amount of any Assessment, charge, fine, penalty, or other amount payable with respect to any Owner, or such Owner' s Guests or Condominium Unit, shall become due and payable as speci- fied by the Board of Directors of .the Association and, -15- in any event, 30 days after any notice of the amount due as to such Assessment, charge, fine, penalty or other amount shall have been given by the Association to such Owner, and any such amount shall bear interest at the rate of ten (10) percent per annum from the date due and payable until paid. Unless the Board of Directors of the Association shall designate otherwise, Regular Assessments shall be due and payable by the Owners to the Association on September 1 for the period September 1 through November 30, on December 1 for the period December 1 through February 28 or 29 , on March 1 for the period March 1 through May 31, and on June 1 for the period June 1 through August 31 of each fiscal year. 6.6 Lien for Assessments and Other Amounts. If the Owner does not pay such Assessment or sum or any installment thereof or any interest accrued thereon when due, the Owner shall be deemed to be in default and upon recording a notice of default describing said Condominium Unit in the Office of the County Recorder, Riverside County, California, the Association shall have a lien against such Condominium Unit to secure payment of any Assessment, or other amount due and owing to the Association with respect .to the Owner of that Condominium Unit or with respect to such Owner's Guests or Condominium Unit, plus interest from the date due and payable, plus all costs and expenses of collecting the unpaid amount, including reasonable attorney' s fees. The Association shall record such notice of default within sixty (60) days following the occurrence of such default, and shall commence pro- ceedings to enforce such lien within six (6) months following such recordation. The lien may be foreclosed in the manner for foreclosures of mortgages or deeds of trust in the State of California. The foregoing remedy shall be in addition to any other remedies provided by law for the enforcement of such obligations. If any Owner is deemed to be in default hereunder and fails to cure such default within thirty (30) days, the Association shall give written notification of such default to any First Mortgagee of the Condominium Unit owned by such Owner who has previously given the Association written notification that such First Mortgagee desires to be so notified. 6.7 Estoppel Certificate. Upon payment of a reasonable fee not to exceed 5 and upon written request of any Owner or any person with any right, title or inter- est in a Condominium Unit or intending to acquire any. right, title or interest in a Condominium Unit, the Association shall furnish a written statement setting forth the amount of any Assessments , charges , fines or penalties, if any, due or accrued and then unpaid with respect to the Owner of the Condominium Unit and such Owner's Guests and the amount of the Assessments for the current fiscal period of the Association payable with respect to the Condominium Unit, which statement shall, with respect to the party to whom it is issued, be conclusive against the Association that no greater or other amounts were then due or accrued and unpaid. 6.8 Liability of Owners , Purchasers and Encum- brancers. The amount of any Assessment, charge, fine or penalty owing to the Association by any Owner under this Condominium Declaration shall be a joint and -16- several obligation to the Association of such Owner and such Owner' s heirs , personal representatives, suc- cessors and assigns . A party acquiring fee simple title to a Condominium Unit shall be jointly and severally liable with the former Owner for all amounts which had accrued and which were payable at the time of the acqui- sition of fee simple title to the Condominium Unit by such party without prejudice to such party' s right to recover any of said amounts paid from the former Owner. Each such amount, together with interest thereon, may be recovered by suit for a money judgment by the Association without foreclosing or waiving any lien securing the same. 6.9 Utility Assessments. It is intended that, to the extent possible, each .Owner will pay .for all utilities used within the Condominium Unit owned by such Owner; therefore, whenever possible, each Owner shall request that such utilities be separately metered and billed directly to such Owner. However, some of the Condominium Units in the Project are located in a Building which does not have separate utility meters for each Condominium Unit. In order to facilitate the payment of utility charges attributable to such Condominium Units , which may include, without limitation, charges for gas, water, electrical power and sewer services , and in order to facilitate the equitable distribution of such charges among the Owners of Condominium Units in said Building, the Association shall .request that the utility companies send the bills listing the charges for such utility use to the Association. The Association shall then assess each Owner of a Condominium Unit or Units in said Building an amount for payment of such utility bills, which amount shall be computed by multiplying the total amount of said utility bills by a fraction, the numerator of which shall be the number of Points attributable to the Condominium Units in said Building owned by such Owner and the denominator of which shall be the total number of Points attributable to all Condominium Units in said Building. Payment of such Assessments for payment of utility bills shall be enforced in accordance with the terms of Article 6 .6 hereof. 6.10 Special Capital Reserve Fund. Some Condominium Units in the Project are or may be located in a Building which has one central boiler, air cooling compressor and water heater for the entire Building. In order to distribute the cost of maintenance, other than that performed by Project employees in the course of their employment, repair and replacement of such equipment and any similar equipment, the Association shall establish a Special Capital Reserve Fund to be used for such purposes. When the Board determines the Budget for each year, the Board shall, at the same time, detetmine the amount required for the Special Capital Reserve Fund, and shall assess each Owner of a Condominium Unit or Units in said Building an amount computed by multiplying the total amount required for the Special Capital Reserve Fund by a fraction, the numerator of which shall be the number of Points attributable to the Condominium Units in said Building owned by such Owner, and the denominator of which shall be the total number of Points attributable to all Condominium Units in said Building. Assess- ments for the Special Capital Reserve Fund shall be levied and enforced in the manner provided herein for levying and enforcing Regular Assessments. VII. USE AND OTHER RESTRICTIONS. 7.1 Individual Space Restrictions . Each Indi- vidual Space shall be used for residential urposes only. -17- No Individual- Space shall be used at any time for business or commercial activity except that, subject to the rules and regulations of the ?lssociation, an Owner may lease or rent his Individual Space for private residential , living or sleeping purposes , and Deqlarant, or its nominee, may use one or more Individual Spaces as a model or display unit for a period of three (3) years from the date on which the final Public Report for the phase of the Project in which said Individual Space is located is issued by the California Department of Real Estate; the term "phase" as used herein shall mean the annexation of Condominium Units to the Project in accordance with Article X hereof . 7.2 Common Elements Restrictions . No Owner and no Owner' s Guests shall obstruct, damage or commit waste to any of the Common Elements . No Owner and no Owner's Guests shall change, alter or repair, or store anything in or on, any of the Common Elements without the prior written consent of the Association. 7 . 3 No Imperiling of Insurance. No Owner and no Owner' s Guest shall do anything or cause anything to be kept in or on the Project which might result in an increase in the insurance premiums of insurance obtained for the' Project or which might cause cancellation of such insurance, without the prior written consent of the Association. 7. 4 No Violation of Law. No Owner and no Owner' s Guests .shall do anything or keep anything in or on the Project which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. 7 . 5 No Noxious , Offensive, Hazardous or Anno in Activities . rdo .noxious or offensive activity shall be carried on upon any part of the Project nor shall anything be done or placed on or in any part of the Project which is or may become a nuisance of cause embarrassment, dis- turbance or annoyance to others . No activity shall be conducted, and no improvements shall be made or con- structed, on any part of the Project which are or might be unsafe or hazardous to any person or property. No sound shall be emitted on any part of the Project which is unreasonably loud or annoying to others . ido odor shall be emitted on any part of the Project which is noxious or offensive to others . No light shall be emitted from any part of the Project which is unreasonably bright or causes unreasonable glare. Determinations with respect to whether or not a particular activity or occurrence shall constitute a violation of this Article 7 . 5 shall be made by the Board of Directors of the Association and shall be final. 7 .6 No Unsightliness. No unsightliness shall be permitted on or in any part of the Project. Without limiting the generality of the foregoing, nothing shall be kept or stored on or in any of the Common Elements , nothing shall be hung or placed upon any of the Common Elements , and nothing shall be placed on or in windows or doors of Individual Spaces which would or might create an unsightly appearance. Determinations with respect to whether or not a particular activity or occurrence shall constitute a violation of this Article 7 . 6 shall be made by the Board of Directors of the Association and shall be final . -18- 7.7 Restriction on Signs . No signs or adver- tising devices of any nature shall be erected or main- tained on any part of the Project, except signs in or on a Condominium Unit of a customary' and reasonable dimension, advertising the sale or lease of said Condominium Unit, without the prior written consent of the Association. The Association shall permit the placing of no more than four signs of reasonable size and dignified form to identify the Project and the Condominium Units therein, and reasonable and dignified signs identifying particular parts of the Common Elements or identifying recreational facilities available for use by owners of Condominium Units and their Guests. The Association shall also permit the placing of any sign required to be placed on the Project by any governmental body. Nothing herein contained shall prohibit or restrict in any way the Declarant's right to construct such promotional signs or other sales aids on or about any portion of the Project which it shall deem reasonably necessary in connection with its sale of Condominium Units. 7. 8 Antennas. No radio, television or other type of antenna shall, without the written consent of the Association, be installed or maintained on the roof or exterior of any Building in the Project. 7.9 Maintenance of Individual Space. Each Individual Space and all improvements, fixtures , furni- ture and equipment therein shall be kept and maintained by the Owner thereof in a clean, safe, attractive and sightly condition and in good repair. No structural alterations within any Individual Space shall be made and no electrical, plumbing or similar work within any Individual Space shall be done without the prior written consent of the Association. 7.10 No Violation of Rules. No Owner's Guests shall violate the rules and regulations adopted from time to time by the Association whether relating to the use of Condominium Units , the use of Common Elements, or other- wise, and violations of the rules and regulations by any Owner' s Guests shall be treated as a violation by such Owner and shall be enforceable in accordance with Article 4 .7 hereof. 7.11 Owner Caused Damage. If, -due to the act or neglect of an Owner or such Owner' s Guests, loss or damage shall be caused to any person or property, includ- ing the Project or any Individual Space therein, such Owner shall be liable and responsible for the same ex- cept to the extent that such damage or loss is covered by insurance obtained by the Association and the insurer has waived its rights of subrogation against such Owner. The amount of such loss_ or damage may be collected by the Association from such Owner, and such amount shall be secured by a lien on the Condominium Unit of such owner in accordance with the provisions of Article VI of this Declaration. 7.12 Restriction on Animals . No live animals, reptiles, birds or insects shall be kept on any part of the Project without the prior written consent of the Association. 7. 13 Restriction on Rental Pool. No Owner shall enter into any agreement with respect to a Condo- minium Unit which would involve the pooling of rents with -19- i Owners of other Condominium Units until the earlier of five years from the date hereof or the date of the sale by Declarant of the last Condominium Unit offered .by sale by Declarant in the Project, including- Condominium Units constructed on real property annexed to the. Real Property in accordance with the terms of Article X hereof. VIII. INSURANCE. 8.1 Insurance Requirements Generall The Association sha o tain and. maintain in u orce and effect at all times certain fire., liability and other insurance as. hereinafter provided. All such insurance shall be obtained, to the extent possible, from respon- sible companies duly authorized to do .insurance business in the State of California. All such insurance shall name as insureds the Association, the Board of Directors of the Association, .the Association' s officers, employees and agents, and, if practicable, the Owners. All such insurance shall protect each of the insureds as if each were separately insured under .separate policies. To the extent possible, such fire insurance shall: (a) provide for a waiver of subrogation by the insurer as to claims against Declarant, the Association, its direc- tors, officers, employees, and agents and against each / J owner and each Owner' s .employees and Gue_sts; _ (b);_provide that the insurance cannot be cancelled,- invalidated or suspended on account of tie conduct of the Association, its officers, directors, employees and agents or of any Owner ,or such Owner' s employees or Guests; .. (c) provide '. -that any "no ;other- insurance" clause in the -insurance policy shall .exclude any policies of insurance maintained by any Owner or Mortgagee. and that the insurance policy shall not be brought into contribution with insurance maintained by any Owner or Mortgagee; (d). contain a standard mortgage clause endorsement in favor of the Mortgagee of any Condominium Unit or part of the Project except a Mortgagee of a Condominium Unit or part of the Project who is covered by other and separate insurance; (e) provide that the policy of insurance shall not be terminated, cancelled or substantially modified without at least 10 days' prior written notice to the Association and to each Owner and to each. Mortgagee covered by any standard mortgage clause endorsement; and (f) provide that the insurer shall not have the option to restore the. premises if condominium ownership of the Project is to be terminated in accordance with the terms of this De- claration or the Project is to be sold in its entirety in accordance with the destruction, condemnation and obsolescence provisions of this Declaration. To the extent possible, public liability and property damage insurance shall provide for coverage of any cross lia- bility claims of Owners against the Association or other Owners and of the� Association against Owners without right of subrogation. Any insurance policy may contain such deductible provisions as the Board of Directors of the Association deems consistent with good business practice. -20- The Association shall obtain an independent appraisal of the Project .every three. years; provided, however, that said appraisal maybe :performed by an appraiser employed by an insurance company. Certificates of insurance coverage or copies of insurance policies shall be issued to each Owner and each Mortgagee who makes written request to the Associa- tion for any such certificate or copy of an insurance policy. . The cost and expense of all insurance obtained by the Association, .except insurance covering additions, alterations or improvements made to a Condominium Unit by an Owner or other insurance obtained at the request of and specifically benefiting any particular Owner, shall be an expense of the Association. 8. 2 Fire Insurance. The Association shall obtain and maintain tire insurance covering the Pro- ject and each Condominium Unit covering loss or 'damage by fire and such other hazards as are covered under standard extended coverage policies, with vandalism and malicious mischief endorsements, and, if available and if deemed appropriate by the Association, all risk, for the full in- ;' surable replacement cost of the Project, including each Condominium Unit. At the option of the Association such insurance may also cover additions, alterations or im- provements to a Condominium Unit made by an Owner if the Owner reimburses the Association for any additional premiums attributable to such coverage. The Association shall not be obligated to apply any -insurance proceeds to restore a Condominium Unit to a condition better than the conditions existing prior to• the making of additions, alterations or improvements by an Owner in the absence of insurance covering such .additions, alterations or im- provements as aforesaid. 8. 3 Public Liability and_ Property Damage Insur- ance. The. Association shall obtain and maintain compre- hensive public liability and property damage insurance covering bodily injury, property damage liability and ' automobile bodily injury and property damage liability of the Association, its officers, directors, employees and agents and of each Owner and each Owner' s employees and Guests,. arising in connection with ownership, operation, maintenance, occupancy or use of the Project or of any Condominium Unit 'in the Project with limits of not less than $1,000,000. for each occurrence involy- ing bodily injury liability and/or property damage liability. 8.4 Workmen' s Compensation and Employer' s Liability Insurance. The Association .shall obtain and maintain workmen s compensation and employer' s liability insurance as may be necessary to comply with applicable laws. . 8.5 Insurance By Owners.. Except to the extent coverage therefor may be obtainedby the Association and be satisfactory to an Owner, each Owner shall be respon- -21 sible for obtaining insurance he deems desirable, includ- ing, without limitation, fire insurance covering furnishings and personal property belonging to that Owner and insurance covering personal liability of that Owner and that Owner' s employees and Guests. Any insur- ance policy obtained by an Owner shall be such that it will not diminish or adversely affect or invalidate any insurance or insurance recovery under policies carried by the Association and shall, to the extent possible, contain a waiver of the right of subrogation by the insurer as to any claim against the Association, its officers, directors, agents and employees and against other Owners and their employees and Guests. A copy of any insurance policy obtained by an Owner shall be fur- nished to the Association upon request of the Association. 8. 6 Receipt and Application of Insurance Pro- ceeds. Except as some particular person has a legal right to receive insurance proceeds directly, all insurance proceeds and recoveries shall be paid to and received by the Association. All insurance proceeds or recoveries received by the Association shall be applied by the Association: first, as expressly provided elsewhere in this Declaration; second, to the Owners or persons whom the Association may determine are legally or equitably entitled thereto; and third, the balance, if any, to Owners in proportion to their respective interests in Common Elements. 8. 7 Other Insurance by Association. The Associa- tion shall have the power or authority to obtain and maintain other and additional insurance coverage, includ- ing fire insurance covering personal property of the Association, fidelity bonds or insurance covering employees and agents of the Association and insurance indemnifying officers, directors, employees and agents of the Association. 8. 8 Owner-Increased Premiums. In the event that, as a consequence of the hazardous use of any Condominium Unit, or of any Owner-installed improvements to any Condo- minium Unit, the premiums of any policy of insurance pur- chased by the Association are increased, or a special policy is required, the cost of such increase or specific policy shall be payable by the Owner of such Condominium Unit. IX. DESTRUCTION, CONDEMNATION, OBSOLESCENCE, AND RESTORA- TION OR SALE OF PROJECT. 9. 1 Certain Definitions. The following terms shall have the following definitions: (a) Substantial and Partial Destruction. "Substantial Destruction" shall exist whenever, as a result of any damage or destruction to the Project or any .part thereof, the excess of Estimated Costs of Restoration (as hereinafter defined) over Available Funds (as hereinafter defined) is 50 percent or more of the estimated Restored Value of the Project (as hereinafter defined) . "Partial Destruction" shall mean -22- any other damage or destruction of the Project or any part thereof. (b) Substantial and Partial Condemnation. "Substantial Condemnation" shall exist whenever a com- plete taking of the Project has occurred or a taking of part of the Project under eminent domain or by grant or conveyance in lieu of condemnation has occurred, and the excess of the Estimated Costs of Restoration over Available Funds is 50 percent or more of the estimated Restored Value of the Project. "Partial Condemnation" shall mean any other such taking by eminent domain or grant or conveyance in lieu of eminent domain. (c) Substantial and Partial Obsolescence. "Substantial Obsolescence" shall exist whenever the Project or any part thereof has reached such a state of obsolescence or disrepair that the excess of Estimated Costs of Restoration over Available Funds is 50 percent or more of the estimated Restored Value of the Project. "Partial Obsolescence" shall mean any state of obso- lescence or disrepair which does not constitute Substantial Obsolescence. (d) Restoration. "Restoration" , in the case of any damage or .destruction, shall mean restoration of the Project to a condition the same or substantially the same as the condition in which it existed prior to the damage or destruction; in the case of condemnation, shall mean restoration of the remaining portion of the Project to an attractive, sound and desirable condition; and, in the case of obsolescence, shall mean restoration of the. Project to an attractive, sound and desirable condi- tion. .(e) Restored Value. "Restored Value" shall mean the value of the Project after Restoration. (f) Estimated Costs of Restoration. "Estimated Costs of Restoration shall mean .the estimated costs of Restoration. (g) Available Funds. "Available Funds" shall mean any proceeds of insurance or condemnation awards or payments in lieu of condemnation and any uncommitted income or funds of the Association including funds from the capital reserve fund and the carry-over re- serve fund. Available Funds shall not include that portion of insurance proceeds legally required to be paid to any party other than the Association, including a Mortgagee, or that portion of any condemnation award or payment in lieu of condemnation payable to the Owner of a Condominium Unit for the condemnation or taking of that Owner' s Individual Space. 9. 2 . Determination by the Board. Upon the occurrence of any damage or destruction .to the Project or any part thereof, or upon a complete or partial taking of the Project under eminent domain or by grant or con- veyance in lieu of condemnation, the Board of Directors -23- shall make a determination as to whether the excess of Estimated Costs of Restoration over Available Funds is 50 percent or more of the estimated`;Restored Value of the Project. In addition, the Board of Directors shall, from time to time, review the condition of the Project to determine whether Substantial Obsolescence exists. 9. 3 Restoration of the Project. Restoration of the Project shall be undertaken by the Association without a vote of Owners in the event of Partial Destruc- tion, Partial Condemnation or Partial Obsolescence but shall be undertaken in the event of Substantial Destruc- tion, Substantial Condemnation or Substantial Obsolescence only with the consent of the Owners holding 75 percent of the voting power in the Association and the unanimous consent of all First Mortgagees. In the event the insur- ance proceeds actually received exceed the cost of Re- storation when such Restoration is undertaken pursuant to this Article, the excess shall be paid and distributed to all of the Owners, in proportion of their undivided interest in the Common Elements. 9. 4 Sale of the Project. The Project shall be sold in the event of Substantial Destruction, Substan- tial Condemnation or Substantial Obsolescence unless con- sent to Restoration has been obtained from Owners holding 75 percent of the voting power of the Association and the unanimous consent to Restoration of all First Mortgagees .has been obtained. In the event of such sale, condo- minium ownership under this Declaration shall terminate and the proceeds of sale and any insurance proceeds, condemnation awards or payments in lieu of condemnation shall .be distributed by the Association to each Owner in accordance with his percentage interest in the Common Elements. Payments to be made to Owners hereunder shall be made jointly to Mortgagees as to Condominium Units which are mortgaged at the time of such payment. 9. 5 Authority of Association to Restore or Sell. The Association, as attorney-in-fact for each Owner, shall have full power and authority to restore or to sell the Project and each Condominium Unit in the Project whenever Restoration or sale, as the case may be, is undertaken as hereinabove provided. Such authority shall include the right and power to enter into any contracts, deeds or other instruments which may be necessary or appropriate for Restoration or sale, as the case may be. 9. 6 Payment of Proceeds. All insurance pro- ceeds or proceeds of—sale sFa-11-Fe- paid to the Associa- tion, as trustee for all of the Owners and all Mortgagees, as the interest of such Owners and such Mortgagees may appear, subject to the obligation of the Association to restore the Project as provided "herein. 9. 7 Special Assessments for Restoration. When- ever Restoration is to be undertaken, the Association may levy and collect assessments from .each Owner in proportion to each Owner' s undivided interest in the Common Elements , payable over such period as the Association may determine , . -24- __ . .._ - ...... _._ ....._._.__. _.. -.._... --------_.. .__. . .- _.. . __ _ ... .. -- .. _ .. . - re to cover the costs and expenses of Restoration to the extent not covered by Available Funds . Such special assessments shall be secured by a lien on the Condominium Unit of each such Owner as in the case of Regular Assess- ments. Notwithstanding any other provisions in this Declaration to the contrary, in the case of Substantial Destruction, Substantial Condemnation or Substantial Obsolescence, any such special assessment sha`--- not be a personal obligation of any such Owner who did not con- sent to Restoration, but, if not paid, may be recovered only by foreclosure of the lien against the Condominium Unit of such Owner. 9 . 8 Receipt and Application of Condemnation Funds. All compensation, damages or other proceeds con Ht�uting awards for a complete taking of the Project or a taking of part of the Project under eminent domain or by grant or conveyance in lieu of condemnation shall be payable to the Association. The amount thereof allo- cable to compensation for the taking of or injury to the Individual Space of a particular Condominium Unit or to improvements of an Owner therein shall be appor- tioned to the Owner of that Condominium Unit. The balance of the award shall' be applied to costs . and expenses of Restoration, if undertaken, and, to the extent not so applied, shall be allocated as follows : first, any portion of the award allocable to the taking of or injury to Common Elements shall be apportioned among all Owners in proportion to their respective undivided interests in the Common Elements; second, the amounts allocable to severance damages shall be apportioned to _ Owners of Condominium_ Units' which were not taken or con- demned, or which were not fully taken or condemned, in proportion to their respective undivided interests in the Common Elements as adjusted in accordance with Article 9. 9 hereof; and third, the amounts allocated to consequential damages or for other purposes shall be apportioned as the Association determines to be equitable ! ' under the circumstances. 9. 9 Reorganization in the Event of Condemnation. In the event all of the Individual Space of a Condominium Unit is taken in condemnation, the Condominium Unit con- taining that Individual Space shall cease to be part of the Project, the Owner thereof shall cease to be a member of the Association, and the undivided interest in Common Elements appurtenant to that Individual Space shall automatically become vested in -the Owners of the remain- ing Condominium Units in proportion to their respective undivided interests in the Common Elements. X. EXPANSION OF PROJECT, 10. 1 Reservation of 'Right to Expand. Declarant reserves for a period not to exceed three (3) years from the date of issuance by the State of California, Department of Real Estate, of the Final Subdivision Public Report with respect to the Real Property subject to -25- this Declaration, the right to expand this condominium owner- ship project to include additional land, buildings and improvements. Any such additional buildings shall be of the same general quality as the Buildings in the Project.. Such buildings and improvements , if constructed, shall be located on all or part of other real property. owned by Declarant, which other real property is described in Exhibit B attached hereto.. The total number of Condominium Units in the Project, as expanded, shall not exceed. 200 . 10.2 Supplemental Declarations and Supplemental Condominium Maps. Such expansion may be accomplished by El ling f3r record by Declarant, in the Office of the County Recorder, Riverside County, California, a supplement to this Declaration containing a legal description of the site or sites for such additional building or buildings and improvements , together with a supplemental Condominium Map containing the same information with respect to the additional building or buildings and improvements as was required on the original Condominium Map with respect to the Buildings. The expansion. may be accomplished in stages by filing successive supplemental Declarations. 10.3 Expansion of Definitions . In the event of such expansion, the detinitions used in this Declara- tion automatically shall be expanded to encompass and refer to the Project as so expanded. Thus , for example, "Real Property" shall mean the land described in Article 1 . 2 hereof plus any additional land added by a supplemental Declaration or by supplemental Declarations , and refer- ence to this Declaration shall. mean this Declaration as so supplemented. All conveyances of Condominium Units after such expansion shall be effective to transfer rights in the Project as expanded, by use of the form of description set forth in Article 2. 3 hereof. -26- - 10 . 4 Declaration Operative on New Buildings. Any such additional lance, buildings and improvements shall be subject to all the terms and conditions of this Declaration and of such supplemental Declaration or . Declarations , and the Condominium Units therein shall be subject to condominium ownership with all the incidents pertaining thereto as specified .herein, upon placing the supplemental Condominium Map and supplemental Condo- minium Declaration of public record in the Official Records of Riverside County, California. 10 .5 Computation of Fractional Undivided Inter- ests in Common Elements; Uis osition of Remainder of Interests . For the purpose ot computing the. undivided interests of Owners in Common Elements, each of the Condominium Units in the Building shall be assigned a number of Points determined by Declarant. The undivided interest in Common Elements constituting part of any Condominium Unit shall vary depending upon the number of Condominium Units in the Project, and shall be expressed as a fraction, the numerator of which shall be the number of Points attributable to such Condominium Units and the denominator of which shall be the Total Points. The Total Points shall not at any time exceed 800 . 10 .6 Reservation of Easement. Declarant reserves for eight (8) years an easement over the Real Property for the completion of construction of Buildings and additional improvements on said Real Property, and an easement over the Real Property to the land described in Exhibit C hereto to the extent necessary for the construction of additional buildings and improvements . 10.7 Annexation by Owners. The Owners may at any time expand the Project by annexing real property in accordance with the provisions of this Article X provided- that- any such annexation shall require the approval of Owners who hold not less than two-thirds of the voting power of the Association, excluding Declarant. XI. COMMONLY OWNED CONDOMINIUM UNITS. 11.1 Commonly Owned Condominium Units . Any Condominium Unit owned by the Association shall be deemed a "Commonly Owned Condominium Unit" . A Commonly Owned Condominium Unit may be a Condominium Unit acquired by the Association by foreclosure of liens as provided herein or otherwise. Notwithstanding the fact that any Condominium Unit may constitute a Commonly Owned Condo- minium Unit, it shall not be deemed part of the Common Elements. 11.2 Votes and Assessments for Commonly Owned Condominium Units. Notwithstanding any other provisions of this Declaration to the contrary, for so long as any Condominium Unit is a Commonly Owned Condominium Unit, there shall be no regular membership in the -27- is Association for that Condominium Unit; no vote for the Points assigned to that Condominium Unit; no assessment levied or paid with respect to that Condominium Unit; and the Total Points in the Project ,.shall be reduced, for voting and assessment purposes , by the number of Points assigned to that Condominium Unit. If any Condo- minium Unit is a Commonly Owned Condominium Unit upon termination of condominium ownership of the Project and dissolution of the Association, the beneficial interest in such Condominium Unit shall be deemed owned in common by the then Owners in the same proportion as their respective interests in the Common Elements. 11.3 Sale of Commonly Owned Condominium Units. The Association may sell any Commonly Owned Con omen um Units for their then fair market value. XII. MISCELLANEOUS. 12.1 Duration of Declaration. Each of the provision-s--c-o-n--t-aTn-ed -Tii- this Declaration shall continue and remain in full force and effect until condominium ownership of the Project and this Decla- ration are terminated or revoked as provided herein, provided that any Owner may bring an action for parti- tion of the Project by sale of the entire Project, as if the Owners of all of the Condominium Units in the Project were tenants-in-common in the entire Project in the same proportion as their interests in the Common Elements, provided, however, that a partition shall be made only upon the showing that (1) three years after damage or destruction to the Project which renders a material part thereof unfit for its use prior thereto, the Project has not been rebuilt or repaired substantially to its state prior to its damage or destruction, or (2) that three- fourths or more of the Project has been destroyed or substantially damaged, and that Owners holding in aggregate more than a 50 percent interest in the Common Elements are opposed to repair or restoration of the Project, or (3) with the consent of the Owners who hold 100 percent of the voting power of the Association. 12.2 Amendment and Termination. Any provision contained in this Declaration may be amended or changed (a) by the recording of a written instrument or instruments specifying the amendment or change, executed by Owners who hold not less than 75 percent of the voting power of the Association; or (b) by Declarant any time prior to conveyance of any Condominium Unit. 12.3 Effect of Provisions of Declaration. Each provision of this Declaration, an an agreement, promise, covenant and undertaking to comply with each provision of this Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any provision of this Declaration: (a) shall be deemed in- -28- corporated in each deed or other instrument by which any right, title or interest in the Project or in any Condominium Unit is granted, devised or conveyer, whether or .not set forth or referred to in such deed or other instrument; (b) shall, by virtue of acceptance of any right, title or interest in the Project or in any Condominium Unit by an Owner, be deemed accepted, ratified, adopted and declared as a personal covenant of such Owner, and, as a personal covenant, shall be binding on such owner and such Owner' s heirs, personal representatives, successors and assigns and, as a personal covenant of an Owner, shall be deemed a personal covenant to, with and for the benefit of the Association but not to, with or for the benefit of any other Owner; (c) shall be deemed a real covenant by Declarant, for itself, its successors and assigns, and also an equitable servitude, running, in each case, as a burden with and upon the title to the Project and each Condominium Unit and, as a real covenant and also as an equitable servitude, shall be deemed a covenant and servitude for the benefit of the Project and each Condominium Unit; and (d) shall be deemed a covenant, obligation and restriction secured by a lien in favor of the Association, burdening and encumbering the title to the Project and each Condominium Unit in favor of the Association. 12. 4 .Enforcement and Remedies. In addition to any other remedies herein provided, each provision of this Declaration with respect to an Owner or the Condominium Unit of an Owner shall be enforceable by the Association by a proceeding for a prohibitive or mandatory injunction or by a suit or action to recover damages. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Declaration, the prevailing party shall be entitled to recover from the losing party its costs and expenses in connection therewith, includ- ing reasonable attorney' s fees. t- 12. 5 Protection of Encumbrancer. No violation or breach of, or failure to comply with, any provision of this Declaration and no action to enforce any such provision shall affect, defeat, render invalid or impair the lien of any mortgage, deed of trust or other lien on . any Condominium Unit taken in good faith and for value and perfected by recording in the Office of the County Recorder of Riverside County, California prior to the time of recording in said office of an instrument describing the Condominium Unit and listing the name or names of the Owner or Owners of fee 'simple title to the Condominium Unit and giving notice of such violation, breach or failure to comply; nor shall such violation, .breach, failure to comply or action to enforce affect, defeat, render invalid or impair the title or interest of the holder of any such mortgage, deed of trust, or other lien or result in any liability,. personal or other- wise, of any such holder or purchaser. Any such purchaser on foreclosure shall, however., take subject to this Declaration except only that violations or breaches of, I r failures to comply with, any provisions of this Declara- tion which occurred prior` to the vesting of fee simple title in such purchaser, including violations of Article VI hereof, shall not be deemed breaches or violations hereof or failures to comply herewith with respect to such purchaser, his heirs , personal representatives, successors or assigns. -29-- 12. 6 Limited Lial.1--lity Neither Declarant, the Association, the Boar of Directors of the Association, nor any member, agent or employee of any of the same shall be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith ,and without malice. 12. 7 Successors and . Assigns . This. Declaration shall be binding upon and shall inure to the benefit of the Association, and each Owner and the heirs, personal representatives, successors and assigns of each. 12. 8 Severability. Invalidity or unenforce- ability of any provision of this Declaration in whole or in part shall not affect the validity or enforce- ability of any other provision or any valid and enforce- . able part of a provision of this Declaration. 12.9 Captions. The captions and headings in . this instrument are for convenience only and shall not be considered in construing any provisions of this Declaration. 12. 10 No Waiver. Failure to enforce any pro- visions of this Declaration shall not operate as a waiver of any such provision or of any other provision of this Declaration. 12. 11 Further Assurances. The Association and each Owner hereby agree to do such further acts, and execute and deliver such further instruments as may reasonably be required to effectuate the intent of this Declaration. 12. 12 Word Usa e. The use of the -masculine gender herein shall be deemed to include the feminine and neuter genders and the use of the singular shall be deemed to include the plural, whenever the text so requires. IN WITNESS WHEREOF Declarant has executed this Declaration the day and year first above written. PALM DESERT VENTURE, LTD. , a California limited partnership By DESTINATION RESORTS, a joint venture of Destination Resort Corporation, a California corporation, and Destin-Co. , a California corporation as the General Partner By: Destination Resort Corporation By. By By: Destin-Co. By By -30- Points Assigned to Individual Space Unit Number Number of Points 1-40 (Tract 4545) 3 points per unit EXHIBIT "A" EXHIBIT "B" In the unincorporated area of the County of Riverside, Statc of California, described as follows: PARCEL 1 : All that portion of the Southeast quarter of Section 20, Township 5 South, Range 6 Last, San Bernardino Vase and Meridian, described as follows: COMMENCING at the Southeast corner of said Section 20; THENCE North 00° 12' 32"West, along the Last line of said Section 20, a distance of 102.50"feet; THENCE South 890 47' 28" West, a distance of 30.00 feet to the Southeast corner of.. Lot "C" (Fairway Drive) of SHADOW--MOUNTAIN PARK ESTATES, UNIT NO. 1, as shown by Map on file in Book 28 pages 18 and 19 of Maps, Records of Riverside County, California; 1*1ILNCE.-along the South line of said Lot "C", a distance of 245.00 feet -to the Southwest corner of said Lot; THENCE North 000 12' 32" West, along the West line of: said Lot "C", a distance of 60.00 feet to the Southeast corner of .Lot 46 of said SHADOW MOUNTAIN PARK CSTATES, ' UNIT NO. 1.; The following five courses and distances are along the Southerly and South- westerly line of Lots 46.through 39 of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1; THENCE South 89° 47' 28" West, a distance of 175.99 feet; THENCE North 110 44' 30" West, a distance of 537.54 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 240.46 feet; . THENCE in a Northwesterly direction, along said curve through. a central angle of Sl* 42' ' 1411, and a length of 216.99 feet; THENCE non-tangent North 660 451, 12" West-, a distance of 58.08 feet to the TRUE POINT OF BEGINNING; THENCE 'oontinuing North 660 4S' 12" West, a distance of 16.92 feet; THENCE North 780 51' 07" West, along the Southerly line of said SHADOW MOUN- TAIN PARK ESTATES UNIT NO. 1, a distance of 229.39 feet; THENCE continuing along said Southerly -line- of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1, South 890 41' 48" West, a distance of 402.84 feet to the Southwest corner of said I.ot 34, and the most Easterly corner of Lot "F" of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1; THENCE along the Southeasterly line of said Lot "F", South 460 03' 24" West, a distance of 50.00 feet to the most Southerly corner of said Lot "F"; THENCE along the Southwesterly line of said Lot "F" and Lot "A" of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1 , North 4S° 12' 02" West, a distance of 235.64 feet to the beginning of a.tangent.curve concave Southerly and having a radius of 20.00 feet; THENCE along said curve in a Westerly direction through a central angle of 1300 26' 32", and a length of 4S.53 feet to a point on the East line of Lot. "S" (San Luis Rey) of PALM DESERT, as shown by Map on file in Book 21 page S3 of Maps, Records of Riverside County, California,_ said point being on a curve concave Easterly and having a radius of 1,170.00 feet, a radial bearing passes through said point bears North 85° 38' 34" West; EXHIBIT "B" Page 1 of 8 1111 NCE Southerly, .along said caarve raid i lae 1-aasterly line of said Lot (San Luis l(cy) through a central an;;lc od t9!I° 3ta" 51", and ra lcug;th of 94.22 feet; '1111?NCI: continuing along* n aid Easterly cline of said! Lot "S'" (tiaua Luis lacy) ` :and Lot "F" of PALM DESI:I(T UNIT NO. 3, is showaa lay Plaala aau fi Ids In Ilook 21 1)age 13 of Maps, Records of Itiversidc County, California, south -00° 151 2S" East, a distance of 279.84 feet, and the beginning; of a tang;cnt curve concave Westerly and having; a radius of 1,230.00 feet; THENCE Southerly, :along; said carve and the I:aast line of Stan Luis cloy through a central angle of 01 50' "28"", and a length of. 39.S2 feet; ?HENCE North 32° 1S' 491" East, a distance of 29.08 feet to a point and the beginning of a nova-tangent curve concave Southerly, and having a radius of 621.86 feet, a radial bearing passes through said point bears North 00* is, 2 S" 14cs t; THENCE along said curve in an Easterly direction through :a central angle of 03° 09' 0211, and a length of 34.19 feet to the beginninp of a tangent reverse curve concave Northerly and having a radius of 6S1.86 feet; THENCE along said curve in an Easterly direction through a Central :angle of 03'° 09' 02"", and a length of 3S.,84 feet to the beginning; of a tangent reverse. curve concave Southerly and leaving a radius of 367.54 feet; THENCE Easterly, along -said curve through a central angle of 22" 33' 04", and a length of 144.66 feet to the beginning; of a compound tangent curve concavo Southwesterly, and having a radius of 22S.00 feet; THENCE along said curve in a Southeasterly direction along; said curve through 'a central angle of .110 29' 59'", and a length of 4S.16 feet; THENCE North 330 47" 38" East, a distance of 30.00 feet to a point and the beginning non-tangent curve concave Northeasterly and having a radius of 20.00 feet; a radial bearing; passes, through said point bears North 33" 47, 38" East; THENCE along said ,curve through a central angle of 101" 22" S711, and a length of 35.39 feet;" . THENCE tangent North 4S° 10' 351" East, a distance of 17.79 feet; THENCE North 80' 15' 181" East, a distance of 318.21 feet; THENCE North 36° 48" 32" West, a distance of 47.62 feet; THENCE North 530 V 281" East, a distance of 190.00 feet; THENCE South -360 �81 32" East, a distance of 41 .73 feet; THENCE South 78' 51' 07" East, a distance of 108.00 feet; THENCE North 11* 02' 53" East, a distance of 24.24 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 2.50 feet; THENCE Northerly .and Easterly, :along said curve through a central angle of 1020 11" SS", and a length of 4.46 feet; THENCE South 66'D 45' 12" East, tangent to the preceeding course, a distance of 2.68 feet;. WHENCE North 23O 14' 48" East, a distance of 30.00 feet to a point in the Southerly line of said SHA0011-MOUNTAIN PARK ESTATES, UNIT NO. 1, and the. Point of Beginning.. Said parcel contains 4.23 acres. z - PARCEL 2: All that portion of the Southeast quarter of Section 20, Tooanship S South, Range 6 East, San Bernardino Base and Meridian, described as follows: EXHIBIT "B" Page 2 of 8 COMMENCING at the Southeast corner of said Section 20; THENCE North 000 12' 32" West, along the Last lino uf said Scalon 20, a distance of 102.SO feet-, THENCE South 890 471 28" West, a distmice of 30.00 feet to the Southeast corner of Lot "C" (Fairway Drive) of SHADOW MOUNTAIN PARK FSTATFS, UNIT NO. I., as shown by Map in Book 28 pages 18 and 19 of Maps, Records of Rivorside County, California; THENCE along the South line of said Lot ."C", a distance of 245.00 feet to the Southwest corner of said Lot "C" and the TRIM POINT 01' BEGINNING, and also being on the North line of TRACT NO. 2732 as shown by Map in Book 50 pages 8 and 9 of Maps, Records of Riverside County, California; THENCE South 89* 471 28" West, along said North line of TRACT NO. 2732, a distance of 203.11 feet; THENCE South S30 2S' 3911 West, along the Northwesterly line of said TRACT NO. 2732, a distance of 174.43 feet to the most Westerly line of said TRACT NO. 2732; THENCE along the Southerly boundary line of the land conveyed to Palm Desert Venture, Ltd. , a limited partnership, by Deed .recorded July 31 , 1973 as Instrument No'. 100063 of Official Records of Riverside County, California, the -following courses and' distances.: North S9 6 011 0111 West, a distance of 212.4.3 feet; North 300 211 41" Mest, a distance of 46.S6 feet; North 569 IS' 431' 'East, a distance of 1.72 feet; South 890 SO.' 5111 West, a distance of 80.07 feet; THENCE leaving the Southerly boundary line of said land conveyed to Palm Desert Venture, Ltd. ; North 06* 461 0611 East, a distance of 92.07 fee;; THENCE North 760 581 20" East, a distance of 61.64 feet; THENCE North 460 581 20" East, a distance of 3S.38 feet; THENCE North 30*. 451 5711 West, a distance of 50.58 feet, to an angle point in the Southerly boundary line of the land conveyed to Palm Desert Venture, Ltd. ) a limited partnership, by Deed recorded November 2, 1973 as Instrument No. 143889 of Official Records of Riverside County, California; THENCE along the Southerly boundary line of last mentioned land conveyed to Palm Desert Venture, Ltd. , the following courses and - distances ; South 630 181 39" East, a distance of 63.05 feet; South 71* 511 33" East, a distance of 61.54 feet; South 610 471 2311 r-.ast, * a distance of 129.70 feet; . South 8SO 131 02" East, a distance of 32.69 feet; South 52" 0111 4811 East, a distance of 113.74 feet to the beginning of a tangent curve concave Northerly and having a radius of 120.00 feet; THENCE Easter]y, along said curve through a central angle of 380, 071 57", and a length of 79. 86 feet; ' I THENCE North 890 50' 15" East, a distance of 131 .04 feet to a point on the West line of Lot "C" of said SHADOW MOUNTAIN- PARK ESTATES, UNIT NO. 1; THENCE South 00* 121 32" East, along said West line of Lot "C", a distance of 12.00 feet to the Point of Beginning. EXHIBIT "B" Page 3 of 8 PARCEL 3: All that portion of the Sout.hca%,tquarter of Section 20, Township 5 South, .Range 6 East, San Bernardino base and Meridian, described as follows: COMMENCING at the Southeast corner of said Section 20; THENCE North 000 12' 32" West, along the East lane of said Section 20, a distance of 102.50 feet; THENCE South 89° 47' 28" West., a distance of .30.00 feet to the Southeast corner of Lot "C" (Fairway Drive) of SHADOW MOUNTAIN PARK ESTATES, , UNIT NO. 1, as shown by Map on file in Book 28 pages 18 and 19 of Maps, Records of Riverside County, California; 'THENCE along the South line of said Lot. '.'C", a distance of 245.00 feet to the Southwest corner of said Lot "C"; THENCE North 00° 12' 32" West, along the West. line of said Lot "C", a distance of 48.00 feet and the- TRUE POINT OF BE-GINNING; THENCE North 00c 12' 32" West, along the West line of said Lot "C", a distance of 12.00 feet to the Southeast corner of Lot 46 of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1; . The following four courses and distances are along the Southerly and South- . westerly line of Lots 46 through 39 of said SHADOW MOUNTAIN PARK 'ESTATES, UNIT NO. 1; THENCE South 89° 47' 28" West, a distance of 17S.99 feet-; THENCE North 110 44 ' 30" West, a distance of 537.54 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 240.46 feet; THENCE in a Northwesterly direction, along said curve through a central angle of 510 42' 14", .and a length of 216.99 feet; THENCE non-tangent North 660 45' 12" West; a distance of 58.08 feet; T11ENCE South 23° 14' 48" West, and leaving the South line of said Lot 39 of SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1, a distance of 30.00 feet; .THENCE North 660 45' 12" West, a distance of 2.68 feet to the beginning of a tangent curve concave Southeasterly .having a radius of 2.50 feet; THENCE Northwesterlv and Zouthwesterly,.. along. said curve through a central' angle of 1020 11' 551', a distance of 4.46 feet; THENCE South 110; 02' 53 West, tangent to the preceeding course, a distance of 24.24 feet; 1. THENCE North 780 57' 07" West, a distance of 108.00 feet; THENCE North 360 48' 32" West, a distance of 41.73 feet; THENCE South 530 11' 28" West, a' distance of 190.00 feet; THENCE South 360 48' 32" East, a distance of, 47.62 feet; THENCE South, a distance of 130.00 feet; THENCE South 240 09' 27" East, a distance of 87. 10 feet; THENCE South 01' 03' 58" .West, a distance of 215.00 feet; THENCE South 410 16' 23" West, a distance of 47.16 feet to an angle point in the Southerly boundary line of the land conveyed to Palm Desert Venture, Ltd. , a limited partnership, by Deed recorded July 31, 1973 as Instrument No. 100063 of Official Records of Riverside County, California.; THENCE along the Southerly boundary lines of said land conveyed to Palm Desert ,.Venture, Ltd. , the following courses and distances: South 36° 47' 2S" East, a distance of 37.39 feet; South 08° 22' 46" West, a distance of 90.61 feet; North 890 50' 51" East, a distance of 128.36 feet; EXHIBIT "B" Page 4 of 8 "TMENCI! lunving tilt) Sokaherly holintlnry l ine of snl 1111111 c.uuvoyod to 1'nlni DrsoI'L Ve1I1111'e, 1441. ; North 060 46' 0.6" liast, a distance of 921.07 feet; 'I.IIENCE North 76° 58' 20" East, a distance of 61 .04 feet 1*1IENC1 North .460 58' 20" East, a distance of 35.38 feet; THENCE North 300 45' S7" West, a distance of 50.58 feet, .to ;u, nnl;le Point in the Southerly boundary line of the land conveyed to Palm Desert Venture, Ltd., a limited partnership, by Deed recorded November 2, 1973 as Instrument No. 143889 of Official Records of Riverside County, California; TIIENCE along the Southerly, Westerly and Northerly boundary lines of the last mentioned land conveyed to Palm Desert Ventures, Ltd. , the following courses and distances: South S6°. 28' 08" West, a distance of 48.11 feet; North 29° 47' 20" West, a distance of 63.53 feet; North SO 45' 23" East, a distance. of 121.09 feet; North O1° 36' 09" West, a distance of 72.77 feet; North 600 15' 20" East, a. distance of 53.80 feet; North 860 27' 03" East, a distance of. 21.96 feet; South 010 34' 08" East, a distance of 85.65 feet; South 610 351• S9" East, a distance of 27S.71 feet; South .110• 41' 53" East, a distance of 141.36 feet; THENCE South 520 0-1' 48" East, a distance of 10;.64 feet to the beginning of a tangent curve concave Northerly and having a radius of 40.00 feet; THENCE Easterly, 'along said curve through a central angle of 38° 07' 57", and a length of 26.62 feet; THENCE North 89° SO' 1S" East, a distance of 15S.95 feet to the Westerly line of Lot "C" of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1, and the Point of Beginning. PARCEL 4:. All that portion pf the Southeast quarter of Section 20, Tot�ship •5 South, Range 6 East, San Bernardino Base and Meridian, described as follows : COMMENCING at the •Southeast corner of said Section 20; THENCE North, 000 12' 32" West, along the East line of said Section 20, a distance of 102.50 feet; THENCE South 890 47' 28" West, a distance of 30.00 feet to the 'Southeast corner of Lot "C" (Fairway Drive) of SHADOW MOUNTAIN 'PARK ESTATES, UNIT NO. 1, as shown by Map on ,file in Book 28 pages 18 and 19 of Maps, Records of Riverside County, California; THENCE along the South line of said Lot "C", a distance of 24S.00 feet to the Southwest corner of said Lot "C".; THENCE North 00" 12' 32" West, along the West line of said I.ot "C", a distance ' of 60.00 .feet to the Southeast corner of Lot 46 of said SHADOW MOUNTAIN PARK . ESTATES, UNIT NO. 1; The following four courses and distances are along the Southerly and Southwest- erly line of Lots 46 through 39 of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1: EXHIBIT "B" Page 5 of 8 THENCE, South 89a 47' 28" West, n distance of 175.99 feet ; 'I HENCE North I 1 0 44 ' .30" Wes1., a diSLance u1* 137.;4 feel I the hel!inniIII! of a tangent curve concave Southwesterly and having a radius of 240.46 feet; THENCE in a Northwesterly direction, along said curve through a central anglo of 510 42' '1411, and n length of 216.99 feet; T1IENCE non-tangent North 660 45' 12" West, a distance of 75.00 feet; TIIENCE North 78° S7' 07" West, along the Southerly line of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1, a distance -of 229.39 feet; o THENCE continuing along said SHADOW MOUNTAIN PARK ESTATES, 11NIT NO. 1, South 89 41' 48" West, a distance of 402.84 feet to the Southwest corner of said Lot 34, and the most Easterly corner of Lot "F" of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1; THENCE along the *.Southeasterly line of said Lot "F", South 46° 03' 24" West, a. distance of 50.00 feet to the most Southerly corner of said Lot "F"; THENCE along the Southwesterly line of said Lot "F" and Lot "A" of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1, North 45° 12' 02" West, a distance .of 235.64 feet to the beginning of a tangent curve concave Southerly and having a radius of 20.00 feet; THENCE along said curve in a Westerly direction through a central angle of 1300 26' 32", and a length of 45.53 feet- to a point on the East line of Lot 'IS (San Luis Rev) of .PALM DESERT, as shown by Map on file in Book 21 page 53 of Maps; Records of Riverside County, California, said point being on a curve concave Easterly and having a radius of 1,170.00 feet, a radial bearing passes through .said point bears North 85° 38' 34" West; THENCE. Southerly, along said curve and the Easterly line of said Lot 'IS" (San Luis .Rey) through a central angle of 04' 36' 51", and a length of 94.22 feet; THENCE continuing along said Easterly line of said Lot "S" (San Luis Rey) and Lot "F" of PALM DESERT UNIT NO. '3, as shown by Map on file in Book 21 page 18 . of Maps, Records of Riverside County, California, South 000 15' 2S" East, a distance of 279.93 feet, and the beginning of a tangent curve concave Westerly and having a radius of 1,230.00 feet; . THENCE Southerly, along said curve and the East line of San Luis Rey through a central angle of-010 50' 28", and a length of 39.52 feetand the TRUE POINT OF BEGINNING; THENCE North 320 15' 49" East, a distance of 29.08 feet to a1point and the beginning of a non-tangent curve concave Southerly and having,, a radius of 621.86 feet, a radial bearing passes through said point, bears North 00` 15.' 2S" nest; THENCE along said curve in -an Easterly direction through a central angle of 030 09" .0211, and a length of 34.19 feet to the beginning of a tangent reverse curve concave Northerly and having a radius of 6SI .86 feet; a THENCE along said curve in an Easterly direction through a central angle of 03 09' 0211, and a length of 35.84 feet to the beginning of a tangent reverse curve concave Southerly having a radius of 367.54 feet; THENCE. Easterly, along said curve through a central angle of 220 33' 04", and a length of 144.66 feet to the beginning of a compound tangent curve concave South- westerly and having a radius of 225.00 feet; THENCE along said curve in a Southeasterly direction; along said curve through a central angle of ll° 29' 59", and a length of 45. 16 feet; THENCE North •33° 47' 38" East, a distance of 30.00 feet to a point and the beginning non-tangent curve concave Southwesterly and having a radius of 248.62 . feet, a radial bearing passes through said point bears North 330 47' 38" East; EXfiIBIT "B" Page 6 of 8 THENCE in :1 Southeasterly direction through a central angle of 580 00' 5411, and a length of 251.74 feet; VENCE South 01° 48' 32" West, a distance of 103.89 feet; THENCE South 370 32' 33" East, a distance of 59.42 feet to the Southerly boundary lines .of the land conveyed to Palm Desert vcntln�c, Ltd. , a limited partnership, by Deed recorded July 31; 1973 as Instrument No. 100063 of Official Records of. Riverside County, California; THENCE along the Southerly boundary line of said land conveyed to Palm Desert Venture, Ltd. , the following courses and distances : South 260 31' 35" West, a distance of 33. 34 feet; South '48° 29' 20" West, -a distance of 32.66 fact; South 87° 59' 37" West, a distance of 65.11 feet; South 68° 32' 43" West, a distance of 184.44 fact; North 000 17' 39" West, a distance of 60.00 feet; South 89" 42' 21" West, a distance of 120.00 feet to the Easterly line of SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1; THENCE North 009 17' 31" West, along the said Easterly line of Lot S8 of said S1-IADOW 1'lOUNTAIN PARK ESTATES, UNIT NO. 1, a distance of 65.00 feet to the Southeast- corner of Lot 57; THENCE North 280 18' 04" East, along the Easterly line of Lots 57 and 56, a distance of 119.99 feet .to the Northeast corner of said Lot S6; TIiENCE North 69° 52' S9" West, along the North line of said Lot S6, a distance .-of 120.00 feet to a point on theEast line of Lot "S" (San Luis Rey) of PALM DESERT UNIT NO. 3, as shown by Map on file in Book 21 page 18 of Maps, Records of Riverside County, California, and the beginning of a non-tangent curve con i.cave Westerly and having a radius of 160.00 feet,, a radial bearing passes through said curve bears South- 700 04' 45" East; ° THENCE along said curve in a Northerly direction through a central angle of 09 24' 1811, and a length of 26.26 feet to the beginning of a tangent compound curve concave Westerly and having a radius of 1,230.00 feet; THENCE along said curve in .a Northerly direction through a central angle of 08° SS' 54", and a length of 191:74 feet, and the Point of Beginning. PARCEL 5:. All that portion of. the Southeast quarter of Section 20, To%,mshi.p S South, Range 6 East, San Bernardino Base and Meridian,. described as follows: COMMENCING at the Southeast corner of said Section 20; THENCE North 000 12' 32" West,. along the East line of said Section 20, a distance of 102.50 feet; THENCE South 89° 47' 28" West, a distance of 30.00 feet to the Southeast corner of Lot "C" (Fairway Drive) of SHADOW MOUNTAIN PARK F:STATF S, UNIT NO. 1 , as shown by Map on file in Book 28 _pages 18 and 19 of Maps, Records of. Riverside County', California; THENCE along the South line of said Lot "C", a distance of 245.00 feet to the, Southwest corner of said Lot "C"; �� a distance THENCE North 000- 121. 32" West, along the West line of said l.ot C of 60.00 feet to the Southeast corner of Lot 46 of said SHADOW MOUNTAIN PARK ESTATES, UNIT NO. 1; The following four courses and distances arc along the Southerly and Southwest - •'erly line of Lots 46 through 39 of said SHADOWMOUNTAIN PARK ESTATES, UNIT N0. 1: EXHIBIT "B" Page 7 of 8 7 111ENCE. South 89° 47' 28" Nest, a distance of. 175.99 feet: ; THEME North 11' 44 ' 30" IVes:., a tistance of 537.54 fecL to the be):11111ing of a tangent curve concave Southwesterly and having a radius of 240.46 feet; THENCE in a' Northwesterly direction, along; said curve through a central angle of 510 42' 14", and a length 'of 216.99 feet; HENCE non-tangent North 66° 45' 12" Nest, a distance of 58.08 feet; THENCE South 230 14' 48" West, a distance of 30:00 feet ; THENCE North 66° 45' 12" Nest, a distance of 2.63 feet to the beginning of. a , tangent curve concave Southeasterly and having; a radius of 2.50 feet; THENCE along said curve through a central angle of 1020 11' SS", and a length of. 4.46 feet; THENCE South 110 02' S3" Nest, a distance of 24.24 feet; THENCE North 780 571. 07" West, a distance of 108.00 feet; THENCE North. 36' 48' 32" West, a distance of 41.73 feet; THENCE South 53° 11' 28" Nest, a distance of 190.00 feet; THENCE South -360. 48' 32" East, a distance of 47.62 feet to the TRUE POINT OF BEGINNING; THENCE South, a distance of 130.00 feet; THENCE South 240 09' 27"• )vast, a distance of 87. 10 feet; THENCE. South 010 031. S8" Nest, a distance of. 215.00 feet; THENCE South 41° 16' 23"•►Vest , a distance of 47. 16 feet to the Southerly boundary line of .the land conveyed to Palm Desert Venture, Ltd. , a limited partnership, by Deed recorded July 31 , 1973 as Instrument No. 100063 of. Official Records of Riverside County, California; THENCE North 540 18' 25" West, along the Southerly boundary line of said land conveyed to Palm Desert Venture, Ltd.. , a distance of 3S.40 feet; THENCE South Si° 14' 35" (Vest, and continuing along the Southerly boundary line of said land conveyed to Palm Desert Venture, Ltd. , a distance of 153.70 feet; 'THENCE North 37° 32' 33" West, a distance of 59.42 feet; THENCE North 010 48' 32" .East, a distance of 103.89 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 248.62 feet; , THENCE Northwesterly, along said curve through a central angle of S8° 00' "5411, and. a length of 251.74 feet to the beginning of a tangent reverse curve concave Northeasterly and ;having a radius of 20.00 feet; . THENCE- in a Northetrly direction, -along said .curve through a central angle of 101° 22' 57", and a length of 35.39 feet; THENCE North 45° 10' 3S" East, a distance of 17.79 feet; THENCE North -80° 15' 18" East, a distance of 318.21 feet to the Point of Beginning. PARCEL. 6: Lots 18, 19, .20 of Shadow Mountain Golf Estates Unit No. 1, as Ohown by Map on file in Book 42 pages. 7 and 8 of Maps, Records Of. Riverside County, California; and any lot in Shadow Mountain`' Park Estates Unit No. 1, • as' shown by Map on -file in Book 28 , pages 18 and 19 of Maps, Records of Riverside County, California. EXHIBIT "B" Page 8 of 8. INTEROFFICE MEMORANDUM City of Palm Desert TO: City Council FROM: City Engineer SUBJECT: Final Map for Tract 5277-1 Located East DATE: December 14, 1976 of San Luis Rey at Juniper Street Developer: Destination Resort Corporation Recommendation: Adopt Resolution No. 76-147 approving the Final Map for Tract 5277-1 and authorizing the Mayor and City Clerk to execute the required subdivision agreement. Discussion: The Final Map as presented conforms to the approved Tentative Map. The grading of the site is nearly complete and the developer intends to begin construction of the models and public improvements in the immediate future. RESOLUTION NO. 76-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM. DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT 5277-1 , AND APPROVING THE AGREEMENTS RELATING THERETO BE IT HEREBY RESOLVED by the City Council of the City of Palm Desert, California, as follows: I ; 1 . That the Final Subdivision Map of Tract 5277-1 in the City of Palm Desert, California, is hereby approved as the official Subdivision Map of said Tract, subject to the conditions of the Tentative Map. 2. The Mayor and City Clerk are authorized to execute on behalf of the City: a. Standard Subdivision Agreement guaranteeing completion of the public improvements required by law. 3. The City Engineer is authorized to receive the improvement security as required by law on behalf of the City, subject to the approval of the City Attorney as to form. 4. . The City Engineer is directed to process the Final Map for recording upon receipt of the required improvement security and the payment of all fees. PASSED, APPROVED, AND ADOPTED on this day of , I - 1976, by the following vote: AYES: NOES: ABSENT: ABSTAIN: -NOEL J. BRUSH, Mayor ATTEST: SHEILA R. GILLIGAN, Acting City Clerk 4 City of Palm Desert, California 1 i ;I L rr RESOLUTION NO. 76-101 A RESOLUTION OF THE CITY OF PALM DESERT EXTENDING THE EXPIRATION DATE FOR TENTATIVE MAP FOR TRACT NO. 22773 k The City Council of the City of Palm Desert, California, does hereby resolve that the expiration date for the tentative map for Tract No. 5277 be extended to August 28, 1977. PASSED, APPROVED AND ADOPTED by the City Council this 12t h day of August 1976, by the following vote: AYES: McPherson, Mullins, Newbrander, Seidler, Brush NOES: None ABSENT: None NOEL B� SH, May or `ATTEST: HARVEY L. HURLBURT HARVEY L. HURLBURT, City Clerk -=:City of Palm Desert, California EIVI) AUG 2 .3 :BY: ENVIRONMENTAL, SERVICES SHEILA R. GILLIGAN, PUTY CITY CLERK C17y OF PALM DESERT City of Palm Desert, California INTEROFFICE iF!iFwMOR AN0I..l A City of Palm Desert TO: Honorable Mayor and City Council rR0N-1: City Manager SUBJECT: Tract No. 5277 Extension of Tentative ®ATE: Map Expiration Date July 23, 1976 RECOMMENDATION: Adopt Resolution No. extending the expiration date for tentative map for Tract No. 5277 to August 28, 1977 Discussion: The developer has given the City Staff satisfactory evidence that he is actively pursuing developing of -Tract No. 5277 in accordance with his conditions of approval . Due to delays beyond the developer's control , he will be unable to record the final map prior to the expiration date for the tentative map of August 28, 1,976. According to County Ordinance -No. 460 Linder which this tract is being processed, the expiration —date may be extended one additional year: sE�v�c�s V0O C�� 1 RESOLUTION NO. A RESOLUTION OF THE CITY OF PALM DESERT EXTENDING THE EXPIRATION DATE FOR TENTATIVE MAP FOR TRACT NO. 5277 The City Council of the City of Palm Desert, California, does hereby resolve that the expiration date for the tentative map for Tract No. 5277 be extended to August 28, 1977. PASSED, APPROVED AND ADOPTED by the City Council this day of 1976, by the following vote: . AYES: NOES: ABSENT: NOEL J. BRUSH, Mayor . ATTEST: HARVEY L. HURLBURT, City Clerk City of Palm Desert, California Destination Resort Corporation RECfalVED io88o Wilshire Boulevard,Suite 1114 t , /, i J jr� Los Angeles,California 90024 T lephone (213)474-1551 -'ENVIRONMENTAL OF PALM DESERT S July 13,. 1976 Mr. Paul A. Williams Director, Environmental Services City of Palm Desert P.O. Box 1648 Palm Desert, California Re: Tract No. 5277 Palm Desert Venture, LTD. Dear Paul: I am writing you this letter to request a second twelve month extension of our Tentative Map which was initially approved by the city on February 28, 1974. As you are aware, we have made several changes to our general plan for the property in which you and your staff were involved. We have successfully processed these changes through your department, the Design Review Board, and the Planning Commission. Since the Planning Commissions approval on June 1, 1976, we have been working diligently with our engineers, architect, the Coachella Valley County Water District, and other governmental agencies to modify the previously approved Tentative Map to reflect the approved changes. To date, we have received excellent cooperation and hope to submit our application for a final tract map by the end of this month. We have been advised by Mr. Hunter Cook that .. the time remaining before the August 28th expiration date will most likely not be sufficient to allow for City Council action on the map and recording of the map. In view of this, Mr. Cook suggested we file for an extension, which we both understand is available under the provisions of Ordinance 460. I will be available-to meet with you or your staff to discuss this request at your convenience. If you need additional information or have any questions, please call me. Thank you for your consideration of this request. Sincerely, Douglas inchliffe Vice Presi nt cc: Mr. Hunter Cook Rocky Mountain Regional Once:Aspen,Colorado � u 45-275 Prickly Pear Lane P.O. Box 1648 Palm Desert, Ca. 92260 Ph. 346-061.1 REPORT OF PLANNING COMMISSION ACTION DATE Aljg lA, 1975 APPLICANT Destination Resort Corp. 10880 Wilshire Blvd. suite 1114 Los Angeles, Cal. 90024 CASE NO. Tract 5277 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of Aug. 18, 1975 CONTINUED TO DENIED XX APPROVED BY PLANNING- COMMISSION RESOLUTION No. 74 PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION XX PLACED ON THE AGENDA OF THE CITY COUNCIL OF August28 FOR PUBLIC HEARING Any appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within thirty (30) days of the mailing of this notice. i Paul A. Williams, Secretary Palm Desert Planning Commission Applicant County Road Department CVCWD CIVIL ENGINEERING - ru 600 E.TAHQUITZ-McCALLUM WAYSUITE D ,�� PALM SPRINGS, CALIFORNIA 92262 _4 _`�'!, r� � V � ��ti , �� TELEPHONE 714.325-2245 ,. E p 5 ��ram` •4� .,l`µ,4 I f,� `Y�S,:� -\\ June 13, 1975 Mr. Paul Williams i1. Planning Director •ti,�[.,� �., �� City of Palm Desert P.O. Box 1648 Palm Desert, California IR E C E I V ; D JUN 16 i975 Re : Tract No . 5277-1 rr 'gg ��i 55 yJ + acy OF FAVIADal.—Iff Dear Paul : ' Enclosed are four prints of the boundary map of Tract No . 5277-1 for checking. Would you please forward two copies to Mr. Lee Flint of the County Surveyors office for checking. If you have any questions , please do not hesitate to call me. . Sincerely, W B ENGINEERING, Inc . John L. Sanborn President JLS ;ks Encl . c . c . Doug Henchliffe ALBERT A.WEBB,President JOHN L.SANBORN,Vice President&General Manager ARTHUR H.WEBB,Secretary PLANNING COMMISSION RESOLUTION NO. 74 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM . DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A ONE YEAR EXTENSION OF PERIOD OF APPROVAL FOR TRACT 5277 TO ALLOW THE FILING OF A FINAL MAP FOR THE SHADOW MOIIN_A_T7_TrPSORT & RACQUET CLUB PROJECT ON THE EAST SIDE OF SAN LUIS REY AND SOUTH OF SHADOW LAKE DRIVE. WHEREAS, the Planning Commission of the City of Palm Desert did receive a verified request from a representative of DESTINATION 111 RESORT CORPORATION requesting approval of a one year time extension of the period of approval for Tract 5277 from August 28, 1975 to August 28, 1976 on property located in the R-3-4000 Zone, and situated southeast of the intersection of San Luis Rey & Shadow Lake to allow for the filing of a final map to construct the Shadow Mountain Resort and Racquet Club, the property being more particularly- described as: A Portion of the SE 1/4 of Section 20, T5S, R6E , SBB & M WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental !duality Procedure Resolution No. 74-14 , " in that the project has previously complied with the require- ments of CEQA in that an EIR was filed on CUP-02-73; and WHEREAS, on August 18, 1975 the .Planning Commission did consider this request for time extension approval; and WHEREAS, at that time, . upon receiving and considering the testi- mony and arguments, if- any, of all persons who desired to be heard, said commission did find the following facts and reasons to exist to approve the one year time extension: 1. The proposed project does ensure the protection of the public health, safety, and general welfare. 2. The proposed project conforms to all requirements. of the Zoning Ordinance. 3. The proposed project is compatible with existing development in the area. 4. The proposed project is in conformance with the City' s General Plan. xESOLUTZON NO, . . 74, .. . 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 con- stitute the findings of the Commission in this case. 2. That it does hereby approve a one year extension of the period of approval of Tract 5277 until August 28, 1976, subject to the following condition: Conversion plans to include landscaping, irrigation and lighting will be submitted. to the Design Review Board of Palm Desert for its review and approval. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Palm Desert , held on August 18, 1975,, by the following vote, to wit : AYES: BERKEY, MULLINS , SEIDLER NOES: ABSENT: VAN DE MARK & WILSON ABSTAIN: WILLIAM SEIDLER, CHAIRMAN ATTEST: PAUL A. WILLIAMS, SECRETARY i -2- ire P Lr-, N N I N G C 0 M, 11A 13 S C) N t L, Ir A TZ1,1;S +.:N, Qme 9 VA r I I %� P>. 0. PriVELL ':.?.-ly sk-4, r*.J• lilt CLE'Jt4, FPiN.L C. j['.1—CY, T.:M L FOPI) RAMS^1-4. P,-V:tiAe RAY 'ZLILLPes-N. -R., Co.-.4t Cc,-Svl EYCNSER, F RAN Z f, ViPP,-55760 VM. R. LIVJNGST00,4E - PLAN-MING OiRECTOR L L?PkON --,T kEF-T. ROOM 10 1. �:VEPSIDF_ 7 Ir LC.V-4 ONE 11111 1?7.4tAl Tkhe- Honorable DDard ot Supervi Cqur-,t4 Eouse ub SUR a,!, 7k: Yalja Dnert Rang.ve" C1 SjTF,P1T SDI II XST112T. Fova'th ,:.D op n-6-73 T? -3,1 P.t,e d s-a b d 1,eL s i :;v:bject to .tlie rt-.-carzmended Tor ap-py,3val. by the Ccma5mlor et, its 19-73- Rnclopmd is tlt%u of October 3" . Ce.)Ti 4P_ a n. d. Flood P.-,ni;zI Di6jL jtjor�S WIA, hll L e -mav�-,tr =zsm be isci; at. lqoo-rzft4q .J �-573i, at 'y".1ch W-` .AgendA o- Nannn't-�sr t A ��, - lim-At is c.-I-tended by r:x�utu' cor-swFitt t�ba ,4Ab"4� 15c'-wrao-e..� A nt W, v t,:.C.t =-P ;.C- -1,11ille Ca" apprv-;4-.1 by B-axi-I of SU-M Axora SMI*CS im of ti= is. �rtiYc t, tr. re:cor,�. a Tlzvel M-On'y fi!=- of Y�i* :..'or cnz! SO 6.!n-5i pri-tor to Vh? M-C-ting, d--t-c. If lia is-, t=Ekz to record a fi p wl t Un rjnL. reque!!t A seacne., ta�- by r Ucme, ext.end zazne The prov..'ke4.-nis of e�vILM711 --Irevl:sua `.tr es C.. ha r.o c-ubr-teultlial tbt zp-�-:,Oclact t orlgintij-Xy z,:- --he imia-ir -,.-hlch .tie pmiaf:,1-0 IV to bi 1.21 Cz 1tC5-,tLn.1 Condltionvl Use Ce-ze 7,10., 15-60 Or tuia !-,Stt;,2r that -tz za::st- C? rw lo tv "!�dj j n,��a ou e;.a on h!n of t bezian So. 5277 `2— The elwbdi•.ridutr Is furtter adigz-Ltd thmt rctd irp:owom!As.t st;�rd+ x•ds have I-een acicptQ3 by the vn�s.s':y. �I3eas etan-" di w7e on file in the or3tttr_e-, c?f U C0=lssioni the S"uneyorp and vith, vr, iQ_w en;3i^..eers and cunt rne"'or 3 t;r"1'r=?ie out the Co%i IIi v. Be-fore entLria , into azy ecnt-rac' or pert r-xing a-,y `ork;l the s�l.bd-1 vider sl-n0°axu 't-1-m euz•rengu- str,.nda as. 1-he sab:v.!.e?-; is fa bar advised tl,-At no impr ov-ment w-niri; v-ill be a,;tpr.ved ex:- :pt= zs it Is execu;f,'d 3sCCUrKit:r: t0 fp-,cif:.e pirjjS and ,led 'f jtb tsi. d approv= d o''y thn SGad Cor.-�ssioner Pr'cr to t;,e cct-cenc*ant C;f aky v `Very trvl- mars CCUTil a a�ff rw,eIC.-ne - Piln .ice Llr.a WRL:ea cc: Sttp.:t 1'1ft?X` �"�K:.T.\�•.L svXi�. Y:r'�`•19� ��' 1'fa+L' 7!'.{. ii0y �/J.I+.M - F. stout (� Rig' Hea"Uh Dept. l Rif. Co, Dept. I j �Yv ti'Cc .S2'Ar'•,l i,IfiQ Pi`Sn ;3! " Title C,,. i'ii�i v r sw%°iG Title Co., Clerk of. the Marc' Board Agenda 'Ccrpy me C%,y 1 _ . t i • • e A la•`tVY.fSEJ BY 1"-.A'1.7.{::113 NV,+' .=103 ::a, 5277 October 31, 19?3 16 fill slu-' 'b C'om?orm t3ifs:1i Cc;.Uy Z"0!on {`:iQ Ceze 1556 -B ead v-arislace .z rand Coo u-y ,S..;3-btlivisi,G32 ar)i�_^-iaJr�C'ar� C 1�,�•��♦�� s:.st lj ss V.n y �ar� cIC:3:1t-U.'1 y3{`� vilA.Y.� .:1 unless {L:�C�i... _d �� �•i2v.,... �.1 i...i:30 2. a►. An Street i-amrovzrsents shn.13. be (.'. i }%Cif and constriici:ed in Crsi;�C":�-�i2C? �?Zf��►2 Riverside l''o 2i%;y RaDd ltip:r7rC?ti:'-.'e'al; sl'.C,Yida.t«as. l.. San Leis "Rey Lane Stroll be ic��.ro-Ted tdi.t:i matell i}� aspba2'b cancrr-A2 paving e�id L'a�laC L'C:iG C-,j -) i1d f7t!'i,s-'.1' U:'u'LC:� R :t^ ' jT^- -i-1 nee 2.ine "-.-i bzin a 30 :�'S'ot ., f'c!i J�� ... 1 t.L'i` half width Zmlicequd right 0Df vay. 20 Corner cut b ch-s. shall be sboum on.. the :-i,; zal ego 3. T-he Z.-!!,roach be :Wste�°...11cA e'a.,t the 3?l.ers-24ti`.-'oa CA 1.15buntaia Vice Avnnu'3 and 3'n....i2"*my. :ive va as apPelo if,a 13y tha C, Fully ►oad 4Cis sTu�s�1Ji??E'e #. A cueb rate sbn-11 be ec. 3tr. cted at tie in tersee-Acii•of Sari Luls Rey. mad Sba;ftc T L: die Drive r'3rs ,*-q?CE -Tz-d 1 yr the �`iezzity Road C--maisssione:-. . 30 If the cloCU my ?cat �;T•a(1.1..ng supunt onz reproducible bxm.-un .ir_•e ead foar prints oa' -% co-�n, rel-mCl'Ssive C4x-.*cirG ian to Vase R:ireraide Coi a?Ly Svr'deyor� s Office. Prints Qi the Gm(li,ng, Pi^a °ill be 'LF,'.^.-zsmni .tea from tz-- Sur%L°yor'ls Ck i.ce to the �e?oOei Cmtrol. eni 7M-e;i2?`+ aft:f: of B3 I C3?ixg nd Sa?ety for review aid S prE?t 1 and sh i he in CCT :s23cc: -113.vi3 the uu Ui"'s:: 'EF��fi3 Code Clelx gptes TO, as amend by Ordtrx ace 457- o 'tie ouNifiri !t.r subaitu for £'Ko;,'offol r^a Soda -Pur sl b+],ity c-xAd Ceolog ca E tuay to tb2 Riverside Ccvzty unit e.}Grcu gi CX ` to s'f:r.dla't�'ision of i:?•n fii'a`'..l Oaq?p �]�� c �s}. w•3: w Gouleas 4Saived by ,he Dix-cctcnr of Ia•:nl,g'_'xi n 3%l CS i3 ay. 5. • .Street. Ls:rags Tor 4'a7: sz,!) f.vi-sioa sb a,11 iie st b joc y to .-.:--mroval by the GOL7 LAy Road < 6. A rater ai?:d S4'T~-'',.i eta�?� c^,13�a�'�'r :i�s"c`.n led i32 ^r-er,2' mee ith t"he m-'Ov •S:tonz . �t SOi`t� + � r y c .tip' 1 " Y• a l� YsllZ i CY'a.c�e i�`�iY,7„e a .r. D:D a1.t..,:sat f e it"cez.. dal'#'ed 1'L. "1 7� •� a cw of yubf—.ca is a i'r1L3ii to l`d'Cv3'i+ '£4C,fl of i;h fiinc.� .S{xbL''Livislc-n c---o sG iv % 7l�.3.@ ?"s!``i �,bal-I s??i;mi to tile I, - � 3 a 'SA ...- •s' r n• �r s, r� Y^a r s" r+ ? � �'i �.'�:..�i�.:°3..A". 'Gi2^ !O3•C:�':r.r� r3.:...i:'3^i1'LS i9�'!S s+il .31,we�,�,l U'i �Cz..�4..?.fCa.. t� lt_+.. .r:•s.+.Z3f.�(''i.�Gi3 :3:. G...C' CCs:L _;3a QII `vi:c3f. $;r^ proicat- -AI be Cleo llopz:eJ ai& z!acdzuta aed in c xordmice 1:;ivb3 the in tcnt id of the t t pro oa f.e a. 7aa. d«a:mmt to Convcy - b. CcvemAits axd resi rictiwm-i to bo racor{9 -d. C.. X»:'iLsl:L'�.��,--fro and i�+if'at�'i�+^(3 �^�T_'��I?Cre�ili to be ontizxed into o i it'li the o-.me s of V unite of tile projsct. 8. The creep rued Y.om-m—ni•Jc, ii LlaU be raco:`Zzd 4a. 1I1 a sac 2 time t llV o Vi c 41lsioa ucm- is recorded. III, � u, V,10a •:`tea 52� rrx th 9. A .o'_ f'��G?'�??�• CG:�:'3.'LY `it +�be- L:.^,fJ?�::Ai3� 2`i`'Jt�cti. t:' !=cc£D 'f.:3e� CYrisd32'., n u:Aits iGi' IT^SOW-ble L'�^.•slz slizkll a ;'t',.^G j ,•i?L' L'f3C! Co.tztjj1']GifilyTito ic1'?2i: Cats. G . l2 1.4 M `Gt?3 Ual'i%G of 'i*hz o-i-z Garr, i::{:nk O.Psc 11 in "UM of -LLe r mssc3sl--,.;t s• i3:):: bu mz1 rJv dinIItw 'G© en::tambrz;,?ice other than a first r eed of 'a:v;mt 's_Trov iaed ;.i,Cil dean of •�1' zi. is trmda '%j J t faith e17d Aar '1,0.va arse i:3 o ::ec.,iri pr ot� t0 tha ? en Of the ewnt Cor:.aDIV. r�. for rca ;.ay G G37i'Sy .3."3its_ry $i3.ail3.c,,.C:.yy et,Ce c^.nK ''diCair rx. neea.-Asary for such 11 . A voUd -,ar %;F.i'2e sb*3-1 be ,Ln C'_sSte--t -:tGi Ubte tkrn C-f o �G's2 ?1:12� QLT?� mith plot p3r-1A CelE<_; 33t 9L1?S^i:,u ?:Z; Cl.i]a Z'�:31e'E °j ,! �?�,�,i�'�L?.7�t i:e71 :�•.i; .'4' r. ao. 1.2. A valid Cmi-ct ti-Cma3 use Cas'e 4Awl-I be In effect,,; R`; the o1 recordation o Cbb final Tyra'V,� vith plot p).�t �,exas ill e+iiort� md,—I Cr.3wlai+:l'I 1 ace With appr.+ve6L 3?Ylt"a.'i.ivz Fi?'ap. 130 7n mgmre to flood control ixOtect *u: t',Ie rs outlined in 1.1-&- Coachella Valley Coimty Y al-I-a Matr et lct;•e`er datzcl April 25.. 2.973 C-ImIl kr-i ly'o il"r'P erg 10�.2j-73 RESOLUTION NO. 75-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND APPROVING A ONE YEAR EXTENSION ON TEN- TATIVE TRACT 5277 FOR SHADOW MOUNTAIN RESORT & RACQUET CLUB ON 18.8 ACRES OF LAND, GENERALLY LOCATED EAST OF SAN LUIS REY AVENUE AND SOUTH OF SHADOW LAKE DRIVE. CASE NO. T.T. 5277. WHEREAS, the City Council of the City of Palm Desert, did receive a f verified letter from DESTINATION RESORT CORPORATION for SHADOW MOUNTAIN RESORT AND RACQUET CLUB requesting approval of a one year extension on Tentative Tract No. 5277 on 18.8 acres of land, located in the R-3-4000 Zone and situated east of San Luis Rey Avenue and south of Shadow Lake Drive, more particularly described as: a portion of the SE 4 of Section 20, Township 5 South, Range 6 East, S.B.B. & M. WHEREAS, said application had complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 74-14". WHEREAS, the City Council did take into consideration the Tentative Map as submitted, and the reports of the various reviewing agencies; and WHEREAS, the City Council did find that the subject Tentative Map does r substantially comply with the City of Palm Desert Code (County Ordinance No. 460) , and the State of California Subdivision Map Act, as amended; WHEREAS, the City Council did find that the subject Tentative Map does comply with the adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows: (1 ) that the above recitations are true and correct and constitute the findings of the City Council in this case; and (2) that it does hereby approve a one year extension until August 28, 1976 for the above des- cribed Tentative Map No. 5277, subject to the fulfillment of the attached conditions. PASSED, APPROVED AND ADOPTED a�gular meeting of the Palm Desert City Council held on the 28th ay of August, 1975 by the following vote: AYES: BENSON, Me ERSON, and BRUSH NOES: None ABSENT: ASTON and CLARK ATTEST: HENRY B. CLARK, AYOR or NOEL J. 7RU8 MAYOR PRO—TEM HAR EY L. LBURT TY CLERK City of Palm Desert, California CITY OF PALM DESERT STAFF REPORT TO: PLANNING COMMISSION REPORT ON: TIME EXTENSION FOR FINAL MAP APPLICANT : DESTINATION RESORT CORP. CASE NO: Tract 5277 I. Request : That the Planning Commission approve a 12-month time extension of the tentative map covering the Palm Desert Racquet and Resort Club project . II . Staff Recommendation: That the Planning Commission adopt Resolution No. recommending to the City Council approval of the 12-month time extensions , subject to the attached conditions : Justification is based upon: 1 . Conformance of the tentative map to the Palm Desert Subdivision Ordinance (Riverside County Ordinance No . 460) and the California Subdivision Map Act. 2 . Conformance of the tentative map to the provisions of the Palm Desert General Plan and Zoning Ordinance. 3. The proposed development does insure the protection of the public health, safety, and general welfare. III. Background: A. Description - A portion of the SE 4 of Section 20, T. 5S . , R. 6E . , S .B.B.& M. B. Location - East of San Luis Rey and south of Shadow Lake Drive. C. Size - 18 . 8 acres (5-lot statutory condominium) . D. No . of Units - 2 existing structures will be converted into 13 units , while 108 new units will be added. E. Density - . 6 .44 units per acre . F. EIR Finding - The provisions of CEQA have previously been complied with and there has been no substantial change in either the project as originally received or the circumstances under which the project is to be undertaken. An EIR was filed in connection with CUP-03-73-P.D. G. Existing Zoning - R-2-4000, R-3-4000 H. Adjacent Zoning - north: R-1 south: R-3-4000 east : R-1 west : R-1 -1- I. General Plan - The Palm Desert General Plan indicates the subject property to be potential low-density residential (3-5 du/per acre) . J. Previous Actions - CUP-03-73 approved by Planning Depart- ment, Planning Commission on January 8 , 1974. TT 5277 approved by City Council February 28, 1974. P.P. 1073 approved by Planning Commission March 25 , 1974 and revised by Planning Commission September 30, 1974. IV. Discussion The request by the applicant for a time extension on the tentative tract map is bieng made to avoid a potential deadline conflict on his filing of a final map . The final map is currently being reviewed by the Riverside County Subdivision Office and it is not expected to clear that office until just after the expiration date of the tentative map . A recent change of location in the Subdivision Office has delayed many pending projects . A review of the original conditions of approval for this tract indicates that no adjustments are necessary. -2- I � s ,1wj ig pk it fir. -��, ;'�eo I. � � \ � � ,,�-^,, -• � �; `%•may � 1 \ ..�,- %,., >, �a (0 M. d , f May 21., 1973 Riverside County Planning Commission 4080 Lemon Street Riverside, California Attention: William P. Padavick, Associate Planner Re: TRACT NO. 5277: Tieing a portion of the SE14 of Sec. 20, T5S, R6E, S.B.B.&M. , County of Riverside; 6 Lots. Gentlemen: The Department of Public Health has reviewed Tentative Map No. 5277 and recommends . that: A water system shall be installed according to plans and specifi- cations as approved by the water company ard. the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with tle original drawing, to the County Surveyor. The prints shalt show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, Waterworks Standards (A.W.W.A.) and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. . The plans shall be signed by a. registered engineer and water company with the following certification: "I certify that the design of the water system in Tract No. 5277 is in accordance with the water system expansion plans of the Coachella Valley County Water District and that the water source, storage, and distributions systems are adequate to comply with Riverside County Ordinance No. 460." This certification shall be signed by a re- sponsible official of the water company. The plans must be submitted to the County Surveyor's Office to review at least two weeks prior to the request for the recordation of the final map. This Department has a statement from the Coachella Valley County Water District agreeing' to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for the financial arrangements to be made prior to the recor- dation of the final map. Planning Commission -2-. May 21, 1973 Tract No. 5277 This Department has a statement from the Coachella Valley County Water District .agreeing to allow the subdivision sewage system to be connected to the sewers of the district. The sewer system shall be installed according to plans and specifi- cations as approved by the district, the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor. tThe prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications, and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location .of sewer lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be. signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tract No. 5277 is in accordance with the sewer system expansion plans of the Coachella Valley County Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed tract." This certification shall be signed by a responsible official of the sewer district. The plans must be submitted to the County Surveyor's Office to review at least two weeks prior to the request for the recordation of the final map. It will be necessary for the financial arrangements to be made prior to the recordation of the final map. It will be necessary for all annexation proceedings to be completely finalized prior to the recordation of the final map. Very truly yours, HAROLD M. ERICKSON, M.D. ,M.P.H. Director of Public Health J. Paul Begley, R.S. ,�Ass't. Director Environmental Health JPB:tms cc: Water Quality Control Board, Colorado Region Lloyd Rogers, R.S. p{w .,e,.,t- r.,r. - C`_.`i:!iNUa IN M6: AS G, P L316 F:t;::w! ' ....: ��t'„� r, �•P { j n via Ix - r, yF, fi R z n.,;cz r e f rx. f11 to "DO OwF&I IBM t e.A t MA,UE ,%, L..-v- Y._'1'rP'q f7fl:^d`eT t..,t y,;A �� ,i,,�'C'' a<IrSR•i n.4,dVYll:�. t..,•.<A!]'•��:� 1't.:.0•i>A{!.I UY.yf1 6C:\t:',�1.�. l�iz i... ...r.i e,i.� .. -C;'f. . .. 1,._u.rl ^lL•. F:.4:•:.� Apr 1 25, 1973 File: Riverside CPtj,-,,*y Plarining C0inrrissfon Ljofto Ler� �n Street , i n 1 Riverside , C:al i fornia 92501 Re Stormwater Conditions , Tract 5277, Sec. 20, T S, R6Z,, Gentlemen: The above tract lies on the Dead 1rdian Canyon and Deep de`.'br i s con . his Area protected f Canyon s r�ro, �,_Yed t rc�;i, s.�,rn:�.�.>ter- flows by ,a system of cl'c:iiels and dikes built and maintained by this District . This tract may bb .;•oRsidere d `safe from si:i:i"q'1^?ater flows except its rare instances. The interior drainage shall conform to the provisions indicaZed in Monprehensive plan Or Surface Water Drainage for Palm cc., . approved by the Board of Supervisors in 1363, � T - he Coachella Valley County water District will furnish dcmestic water and ... service to Eald tract in accordance with a:(1 e currently prevaijivg regulations of this Vis '.rict. The sewage effluent;l uent i or th .s t. _e _ - tract will 1 ;.,, treated ;mot the rii yt>~ ':;t ' Water Reclamation Plant No, 10 located at Cook Street and the hi e-^ aLer 7i'fl.✓ CtC) a..er ..i:.,nneIThe developer Should request , i.`-, be annexed to t!1cT?"'iJ 15 f,^n ult DF .,t i No. 54 and No, fa0 to Main sanitation .;ervicf_, c e r`y' truly yours , ' r ne r;?i Man6ger-Ehief Engineer .1w :f.% 1 n May 21, 1973 Riverside County Planning Commission 4080 Lemon Street Riverside, California Attention: . William P. Padavick, Associate Planner Re: TI:ACT NO. 5277: Being a portion of the SE-4 of Sec. 20, TSS, R6E, S.B.B.&M. , County of Riverside; 6 Lots. Gentlemen: The Department of Public Health has reviewed Tentative Map No. 5277 and recommends that: A water system shall be installed according to plans and specifi- ca.tions as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, Waterworks Standards (A.W.W.A.) and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tract No. 5277 is in accordance with the water system expansion plans of the Coachella Valley County Water District and that the water source, storage, and distributions systems are adequate to comply with Riverside County Ordinance No. 460." This certification shall be signed :by a re- sponsible official of the water company. The plans must be submitted to the County Surveyor's Office to review at least. two- weeks prior to the request for the recordation of the final map. This Department has a statement from the Coachella Valley Couinty Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for the financial arrangements to be made prior to the recor- dation of the final map. i Planning Commission -2- May 21, 1973 Tract No. 5277 This Department has a statement from the Coachella Valley County Water District agreeing to allow the subdivision sewage system to be connected to the sewers of the district. The sewer system shall be installed according to plans and specifi- cations as approved by the district, the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications, and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be: signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tract No. 5277 is in accordance with the sewer system expansion plans of the Coachella Valley County Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed tract." This certification shall be signed by a responsible official of the sewer district. The plans must be submitted to the County Surveyor's Office to review at least two weeks prior to the request for the recordation of the final map. It will be necessary for the financial arrangements to be made prior to the recordation of the final map. It will be necessary for all annexation proceedings to be completely finalized prior to the recordation of the final map. Very truly yours, HAROLD M. ERICKSON, M.D. ,M.P.H. Director of Public Health J/ Paul Begley, R.S. ,/Ass't. Director Environmental Health JPB:tms cc: Water Quality Control Board, Colorado Region Lloyd Rogers, R.S. a ,.f-. `^�7g f.t fNi "•,{ K ' ;r d ., ''s t.n1 ;.t � i•., ; y,4 � ,.`.. •.. t l ; 7 F, { ,,f . r'FJ7• .'�('_ t:•`r tom,,n. . 1: ♦ r F,.ti" fir; 950 C A I it 'K'1•t'Vr,a li fll;•c 9:!-ilvrurr ,, � ,'t.. '•'l.,lt•':.,,,. Ai)r i i 5, 1 ^?: File: Gi l l Rivers ;& County f la ining Conl, ission Riverside , California 9501 L 1 Re , Storm:'1'ater Conti C ons Tract 521 Sic. 20, 75S, RI:: . Gentlemen: debris ,one. }•i1is area is protected fro .. swrmwater flows by a SysLew of chaniels :. j C'. kys built ind ma. n M,._.. by this Discrict . This M C t MY 7:' considered .. afe it'c m 5'e:l l;1•?c,i<_'1` f1sys InNcapz ;n . rare i r•°_: antes . The Merior drainage shall conform to the ';`. i.':i;$ ind;caind in approved by t& 0ard Of _ per•/.i mrs i., 1163, The L7 f.,.-ir'e l l -c WOW�' C- , n Water : '� ii J D! . :i' !!:t .':I ! ! O r r:1 s n Ci`_!'^".''i 1,;'. water aud sanitation nvro ;we tO Said tralL in acccrdance with che currently prevakirg tions of UK Pintrict. The sewage effluent for th . s tract will r_ trl'c:-ed at the Distr . is Water ,edam . Ion Plan No, 10 Mated M took Jtt':... t and the :.i ite- V;atcr The l' - - }(.' - A( I ,! '!:1' .'s t i.':. be .. .'i x C;,! (`l P p r'v',r e mr'!i Y .. .^.t a'!`.. . On& AD. 30 tO Main sanitation service. Very truly yours , Lowell U. Wacks ,�.� ,�' rie r,}i i:;�:+ : �e r-i.�;e: Engineer NOTICE OF ACTION BY CITY COUNCIL CITY OF PALM DESERT, STATE OF CALIFORNIA RE: TRACT 5277 - DESTINATION RESORT CORPORATION ACTION: X Approved Denied Continued . Other REMARKS: APPROVED BY RESOLUTION NO. 75-81, A 12-MONTH EXTENSION FOR FILING THE FINAL MAP FOR TR. 5277. Roll Call resulted as follows: Ayes: BENSON, McPHERSON, AND BRUSH Noes: Absent: ASTON AND CLARK I hereby certify that the foregoing is a full, true and correct copy of an order made and entered on August 2.8, 1975 Page 8 of City Council Minutes Deputy Clerk of the Cit Council in and for the City of alm Desert, State of California 45.275 Prickly Pear Lane P.O. Box 1648 Palm Desert, Ca- 92260 Ph. 346-0611 County Clerk' s Office P. 0. Box 431 Riverside, Calif, 92502 ' Re; Notice of Determination under E. Q. A. C. Dear Sir: Enclosed please find "Notices of Determination Under. the Environmental Quality Act" (attached) to be filed pur- suant to Division 6, Title 14, Section 15083C of the California Administrative Code. Very truly yours, HARVEY L. HURLBURT City Manager ERA:sd ' L EIR FORM #7 CITY OF PALM DESERT NOTICE OF DETERMINATION Case No. TRACT 5277 Applicant: DESTINATION RESORT CORPORATION 10880 Wilshire Boulevard, Suite 11.14 Los Angeles, California 90024 Attention: Doug Iienschliffe - Description of Project: 12-month extension on filing time for final tract map. E. I. R. City Council Action E. I. R. Required Yes No X Date: Previously complied with CEQA If yes, Date: Draft E. I. R. Received Submitted for Corrections Submitted to Consultant Draft E. I. R. Circulated Notice of Completion Sent to Secretary of Resources Agency Draft E. I. R. Considered by 'City Council City Council Action: Consideration of Draft E. I. R. N. A. Date: Action: Final Action on Project: Date: August 28, 1975 Action: City Council approved time extension. Date Filed with County Clerk September 5 . 1975 t cc: File Applicant r B. Case No. Tract 5277 DESTINATION RESORT CORP. : Request for a 12 month extension in which to record a final map for the Palm Desert Racquet and Resort Club project , east of San Luis Rey and south of Shadow Lake Drive. Paul Williams presented the staff report . It was staff ' s recommendation that the 12 month extension be granted by Planning Commission Resolution No. 74 ; and that such a recommendation be made _ to the City Council by said resolution with the additional condition stipulated in the resolution that requires Design Review Board process prior to any construction and that that process include landscaping , irrigation , and lighting plans as a part of the approval . The original conditions would remain unchanged. i . MINUTES -5- August 1.8, 1975 Commissioner Berkey moved for approval of Planning Commission Resolution No. 74 . Commissioner. Mullins seconded the motion which carried unanimously. .a A*t T Se -27 MINUTES -4- August 18, 1975 Regarding condition #4, Mr. Ghormley asked for relief or modification for Dr. Prock to pave only the maximum of 1/2 the alley, which would be the entire rear property line of parcel #1 . Commissioner Berkey asked for clarification of City Council policy regarding a bond in lieu of paving. Discussion then ensued between staff and the Commissioners regarding the alternative of paving 1/2 the alley and how the f remainder of the alley would be paved in the future . LLOYD MOUNT, Walker & Lee, Palm Desert, spoke in favor of the project . He advised that the applicant ' s request for paving 1/2 of the alley specifically referred to 1/2 lon .not wide. Mr . Mount ' s primary concern was that if the applicant was required to pave the full 180' he would be financially penalized due to the fact that he only owned 90' of the two parcels. Therefore, he requested relief for the applicant to only pay for improvements on his frontage. Ile felt it was preferable for a bond to be posted and to install the improvements at the same time when the rest of the street was done since this was mostly undeveloped property along Palm Desert Drive. After a lengthy discussion, Commissioner Mullins moved that Planning Commission Resolution No. 73 be approved with the 10 con- ditions as written. Commissioner Berkey seconded the motion which carried unanimously. Chairman Seidler abstained from voting. Commissioner Berkey commented that his vote was on the basis that this was a policy matter and that the final decision of changes to the conditions should be made by the City Council . Commissioner Berkey stressed the fact that he felt Dr. Prock should only improve the alley for the full length of his parcel which was 90 ' ; or have the option of posting a cash bond for the value of the proposed construction where immediate installation was infeasible. Commissioner Mullins agreed with Commissioner Berkey and reconunended by minute motion that the Planning Commission recommend to the City Council , that condition #4 be modified to require paving for 1/2 of the alley (90' ) ; and that the applicant be permitted the option of posting a cash bond in lieu of paving. Commissioner Berkey seconded the motion which carried unanimously. Chairman Seidler abstained from the vote. VIII . NEW BUSINESS A. Case No. Tract 4442 ENVIRONMENTAL DEVELOPMENT CO. : Request for a 12 month extension in which to file a final map for the final phase of 209 units of the Mountainback project , on the west side of Highway 74 between Homestead and Portola (Carriage Trail) . This case was continued to the September 2, 1975 Planning Commission meeting at the request of the applicant . B. Case No. Tract 5277 DESTINATION RESORT CORP. : Request for a 12 month extension in which to record a final j map for the Palm Desert Racquet and Resort Club project , ! east of San Luis Rey and south of Shadow Lake Drive. t Paul Williams presented the staff report . It was staff ' s recommendation that the 12 month extension be granted by Planning Commission Resolution No. 74; and that such a recommendation be made to the City Council by said resolution with the additional condition stipulated in the resolution that requires Design Review Board process prior to any construction and that that process include landscaping, irrigation, and lighting plans as a part of the approval . The original conditions would remain unchanged. J MINUTES -5- August 18, 1975 Commissioner Berkey moved for approval of Planning Commission Resolution No. 74. Commissioner Mullins seconded the motion which carried unanimously. IX. DESIGN REVIEW BOARD ITEMS f The Commission reviewed the three cases discussed at the Design Review Board meeting of August 5 and expressed an interest in Case No. 14C, the sign plans for the Toni O'Malley project . This case would be brought up for review by the Planning Commission after plans have been approved by the Design Review Board. Staff advised that the City Council , at their. last meeting, reviewed the recommendations proposed by the Planning Commission regarding changes to the present Design Review Board process. The City Council will schedule a joint meeting with the Planning Commission and the Design Review Board to air the whole matter. X. ORAL COMMUNICATIONS - None X I . COMMENTS A. City Staff Paul Williams referred to the letter prepared by himself and passed out to the Planning Commission for review during study session . Staff recommended by minute motion that the Planning Commission request that the City Attorney provide them with a legal opinion with regards to the City' s position relative to deed restrictions that affect the development of property within the City of Palm Desert . After review of Mr. Williams' letter , by minute motion Commissioner Mullins moved, Commissioner Berkey. seconded the motion that this request be forwarded to the City Attorney request that he research and document a legal opinion on deed restrictions within the City of Palm Desert . Motion carried unanimously . B. City Attorney - None C. Planning Commissioners The Planning Commissioners discussed a change in the meeting schedule of the Planning Commission to be implemented in the near future. It was the concensus of the Commissioners that the first meeting of every month be held to specifically review conditional use permits, tentative maps, and various other applications submitted by individuals . The second meeting of the month would be reserved for discussion of ordinances, specific plans , and other long range planning activities. _ Therefore, applicants would not have to sit through lengthy discussions on ordinances which were not pertinent to their case, but they could attend the second meeting of the month if they were interested in hearing and giving their input to various planning issues. Chairman Seidler then directed Paul Williams to set the future schedule of meetings accordingly. XII . ADJOURNMENT Commissioner Berkey moved, Commissioner Mullins seconded the motion to adjourn the meeting at 8 : 20 p.m. 1-lotion carried unanimously. AT T PAUL A. WILLIAMS, SECRETARY iC s. W - L AM S I DLE R HA I RMAN PLANNING COMMISSION RESOLUTION NO. 74 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A ONE YEAR EXTENSION OF PERIOD OF APPROVAL FOR TRACT 5277 TO ALLOW THE FILING OF A FINAL MAP FOR THE SHADOW OUNTAIN RESORT & RACQUET CLUB PROJECT ON THE EAST SIDE OF SAN LUIS REY AND SOUTH OF SHADOW LAKE DRIVE. WHEREAS, the Planning Commission of the City of Palm Desert did receive a verified request from a representative of DESTINATION t RESORT CORPORATION requesting approval of a one year time extension of the period of approval for Tract 5277 from August 28, 1975 to August 28, 1976 on property located in the R-3-4000 Zone, and situated southeast of the intersection of San Luis Rey & Shadow Lake to allow for the filing of a final map to construct the Shadow Mountain Resort and Racquet Club, the property being more particularly described as: A Portion of the SE 1/4 of Section 20, TSS , R6E, SBB & M WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 74-14, " in that the project has previously complied with the require- ments of CEQA in that an EIR was filed on CUP-02-73; and WHEREAS, on August 18, 1975 the Planning Commission did consider this request for time extension approval; and WHEREAS , at that time, upon receiving and considering the testi- mony and arguments, if- any, of all persons who desired to be heard, said commission did find the following facts and reasons to exist to approve the one year time extension : 1. The proposed project does ensure the protection of the public health, safety, and general welfare. 2. The proposed project conforms to all requirements -of the Zoning Ordinance. 3. The proposed project is compatible with existing development in the area. 4. The proposed project is in conformance with the City' s General Plan. p -RESOLUTION NO., 74 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 con- stitute the findings of the Commission in this case. 2. That it does hereby approve a one year extension of the period j of approval of Tract 5277 until August 28, 1976, subject to the l following condition: Conversion plans to include landscaping, irrigation and lighting will be submitted. to the Design Review Board of Palm Desert for its review and approval . PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Palm Desert , held on August 18, 1975, by the following vote, to wit : AYES: BERKEY, MULLINS , SEIDLER NOES : ABSENT: VAN DE MARK & WI SO ABSTAIN: IffILLIAM SEIDLER IRMAN ATTEST: r PAUL A. WILLIAMS, SECRETARY -2- 9 Destination Resort Corporation io88o Wilshire Boulevard,Suite I114 Los Angeles,California 90024 July 30, 1975 Telephone (213)474-1551 Mr. Paul A. Williams Director, Environmental Services City of Palm Desert P.O. Box 1648 Palm Desert, California 92260 Re: Tract No. 5277-1 Palm Desert Venture, Ltd. Dear Paul: In following up on the progress of our final map approval, it appears the County of Riverside will not complete their checking procedure in suf- ficient time for the Council to approve or disapprove the final map on or before August 28, 1975. As you know, our Tentative Map was approved February 28, 1974 and is valid for an 18 month period. Under the circumstances, I am requesting a 12 month extension,of our Tentative Map approval in order to allow the processing of our final map to be completed. If you or your staff have any questions in this matter, please call me. Thank you in advance for your cooperation. Sincerely, Douglas M. Hinchliffe Vice President DMH:DE Rocky Mountain Regional Office:Aspen,Colorado D' J f itlliliL+i11L1dT.�'1� PS�maimTi�'ma:IRDII 'sraam'.-»...�. �� 45-275 Prickly Pear Lane P.U. Box 1648 Palm Desert, Ca. 92260 Ph. 346-0611 February 24, 1975,. First American Title Insurance Company .Post Office Box 986 Riverside, California 92502 Attention: Robyn Lombard, Subdivision .Secretary -Reference : Tract 5277-1 & Tract 5277-2 Gentlemen: Please be advised that you may inform- the Department of Real Estate that the zoning for the subject tract is R-2-4000 and R-3-4000. The R-2 and R-3 designations are defined in Riverside County Ordinance No. 348, while the "4000" refers to a requirement of 4000 square feet of lot area for each dwelling unit . These designations were ,.,approved by the Palm Desert City Council as part of ..Ordinance No. 14, adopted December 13 , 1973 . Adjacent zoning is as follows : North - R-1 South - R-1-9000 East - R-1 West - R-1 Enclosed, please find a copy of the environmental impact report for the subject property. Very truly yours , Sam Freed, Assistant Planner Department of Environmental Services Enclosure cls '° 'ICE OF ACTION BY CITY COID4 ; CITY OF PAUl DESERT, STATE OF CALIFORNIA �'•E: . TRACT NO. S277-tD ACTION: ly:-j A pproved Denied Continued Other REMARKS: Condition No, 1S shall be modified to read: "Prior to issuance of a building permit, . T Roll Call resulted as follows: Ayes: Unanimously Noes: Absent: �L`�`tbi'tir:3t����r4t�9i:�k4Nr?:e°4�::;'•r.'.exi:4:4e�:9r�c�-?e9e:kie��f::Y�:b��9rk:?�:ti�r�:��:�:'k91ts49:��t 1 hereby certify-that the forep;aing is a full, true and correct copy of an order made and entered on February 28 , 1974 .,February 28, 1974, Book Page 4 of City Council Minutes WITNESS my hand 'and the seal of the City Council Dated: March 14, 1974 Mary Painter , Deputy Clerk of the City Council in and for the City of; Palm Desert, State of California By_ I/% ,,4 ��t-�.,_. �-L— ,. Deputy v i [--C)ESERT-STAR-E3�LV 0 !2 ►i lM Pft MA VlLLAQC UPolT Ii0 !Q A ` A � ZP r 3C r ^r M „ 1 R ` b W R �1 -1 -'c"1 R-I �-I R-1 x -- {�16R. I z RAtCKC1 RDA P-I+-( A ASTER _ MARIGOLD OR. R R-I ¢ R-2-i 000 — .� - '___�__—R- L__GOLETA ' —AVE �,l t :,�.,,•-..-.. '*� SANTA ROSA WAY , gay r n R-1 9 S —� z _' vy -6 w - I - _ _ co r CATALINA WAY r p-_ z!e F_ ro q 9F D py < f p�- '-F+ �< z � - ` oR-I ELr—CCRTfZ --� pyn� R . O in �b RANCNA AVE. f: ..? f•>� '� ARIA � ti� � C .t^��t� � �/� -2+ to cA,.• I�-I � r � y i L'� n -' �MARiNO 9\ R-I r I -I ! -! R-1 "�R-i ;3-I '�Ct-I o��ft-1 ;.-I R I ,o ��"I v1 1K-I 1Z il•!�J i-C� � 7 / f� _ rrflrr_LE �_ ' l - Y: ___. l — ,__,__ ( ,r r_P .�+;r , - t: f• � S! !'i -3 Fr 3N � R-3v ALES SA!DG O DR. 1 f� C-P-S C-P-S R- -4000_ , C- p-S C- p-S EL--CAt'i�C I S x C r - S fi N n �: (9J L'P-RA TRAIT_ �.z 4 R-3-41UO�E -2 A C"P J L}O(;Q f � �7 NADOIY-NII.L ST— R 3— aG0 400( R-3- 000 R 3-40C Dn r RiFTY+�OCD- m R-3 z z �lDIINTAIP. DR !l� E- H- k 3 �iOGCi LE'.:GCD ST Ei— �t-i 4 x R 3 �,000• rr�� 1,7, '� ST R- � XO L140'00 S'Mq O� Y z I � �` � j.;•-' I?JSV i�- I i`-I R- i+ -F Z1F;Ai�LLA N' -ST YUCCA---TREE- ` ST �` y r ___ x�� '� �' 4000� f-I � - R- I R-1 _ ( pEFPcR ' GRASSLST i+ i D ppJ/__. ST . 4 r, -) rfiFA1RtiI R 24f000 R-IR -. !++ PROSPECTORJ a TRAIL R- I R-I R- 1 LANE N �C N R-I COVERED—WAGON--Tf?AIL l �,-, :,:-- �atez F LANE R— 1 ev�ma t T a F? - 1 � C TTiNG SUN TRAIL o �- I,3_ 8000 �r1 s� ss^"- MOCKIVM:RD TRAIL D y 4 At S l.k SMAOn* LAkf�-z' ^ S t A M E R C First American Title Insurance Company 3625 FOURTEENTH STREET, (P.O. BOX 986) RIVERSIDE, CALIFORNIA 92502 • (AREA 714) 684-1600 August 7, 1974 County of Riverside Planning Department 4060 Lemon { Riverside, California 92501 I � Attention: Mr. Padavick DO AUG 8 19'/4 3 Dear Mr. Padavick: RIVERSIDE COUNTY TRACT NO. 5277-2 PLANNING COMMISSION Please provide us with a Zoning Letter and Planning Commission Approval for the benefit of the Department of Real Estate regard- ing the above referenced Tract. Also, please provide us with a letter as to the zoning on the property to the North, South, East and West of said Tract. Thank you for your cooperation in this matter. �lJ Robyn Lombard Subdivision Secretary /s 011 W E } AUG 12 1974 RIVERSOt CUl,wf-y PLANNING COMMISSION DESERT OFFICE �S S AMER ,C MER ,C ti 9 First American Title Insurance Company 3625 FOURTEENTH STREET, (P.O. BOX 986) RIVERSIDE, CALIFORNIA 92502 • (AREA 714) 684-1600 August 7, 1974 County of Riverside D Planning Department 4060 Lemon Street Room 101 Riverside, California 92501 A U G 8 1974 Attention: Mr. Padavick RIVERSIDE COUNTY Dear Mr. Padavick: PLANNING COMMISSION TRACT NO. 5277-2 Please provide us with a copy of the Negative Declaration or the Notice of Determination and Environmental Impact Report, whichever is applicable to the above:�nreferenced Tract. Thank you for your cooperation in this matter. Robyn Lombard Subdivision Secretary /s 00EHE AUG 12 1974 RIVEk-flUL WGWY PLANNING COMMISSION DESERT OFFICE 4 w 77 6 0 Z6"j ..w2MMMz 45-275 Prickly Pear Lane P.O. Box 1648 Palm Desert, Ca. 92260 Ph. 346-0611 June 24, 1974 County Road Department County of Riverside Adm. Office Bldg. Room 313 46-209 Oasis Street Indio, Ca. 92201 Attn : Land Use Section Gentlemen : CTract eviewed the proposed street names for 5277 nd do find them acceptable. Very truly yours , Paul A. Williams Director of Environmental Services PAW:wgm i _ ;ICE OF ACTION BY CITY COM CITY OF PAL:! ➢ESLRT, STATE' OF CALIFORNIA RE: TRACT NO, 5277-PD ACTION: Approved C� Denied D Continued Other REMARY.S: Condition No, 15 shall be modified to read: ,Prior to issuance of a building permit. . . " Roll Call resulted as follows: Ayes: Unanimously Noes: Absent: 5�"b''l$�f$t��"a'3Z'�t'4l$�C.it 5�1.`'�t1°.��17.:�X'L,Y:•:}','3i'1:"�C C�,^'�C�C�[�*��:'�'��7t•'k''w'�'n:A:�':��:?�'��:�;t."'�l Sl'i�§'�1 I hereby certify that the foregoing is a full,. true and correct copy of an order made and entered on February 28 , 1974 February 28, 1974, Book Page 4 of City Council Minutes WITNESS my hand 'and the seal of the City Council Dated: March 14 , 1974 Mary Painter , Deputy Clerk of the City Council in and for the City of Palm Desert, State of California Deputy . PLANNING COMMISSION d _ ELMER M. KATZENSTEIN, Chairman, Rubidoux - Ex-Officio COfOF i` KAY S. CENICEROS - Hemet B. D. POWELL, Count Surveyor and nr Y Y RIVERSIDE rfy--199 JESS E. LILLIBRIDGE, Corona Road Commissioner KAY H.OLESEN, Palm Desert FRANK C. SEELEY, County Assessor WM. G. ALDRIDGE, San Jacinto RAY T. SULLIVAN, JR., County Counsel RUSSELL E. CAMPBELL, Blythe FRANCIS J. BUECHE, Sunnymead HAZEL I. EVENSEN, Secretary M. R. LIVINGSTONE - PLANNING DIRECTOR 4080 LEMON STREET, ROOM 101, RIVERSIDE, CALIFORNIA 92501 TELEPHONE (714) 787-6181 February 13, 1974 Indio Administrative Center 46-209 Oasis Street, Room 304 KDD:2216DO Indio, California 92201 (714) 347-8511, Ext. 278 City Council City of Palm Desert 73-021 El Paseo Palm Desert, California SUBJECT: TRACT NO. 5277-PD SUBDIVIDER: PALM DESERT RACQUET CLUB SCHEDULE: "A" CITY COUNCIL AGENDA DATE: 2/14/74 Gentlemen: The above-listed subdivision, subject to the attached conditions, was recommended for approval by the Planning Commission at its regular meeting of February 11, 1974. Enclosed is the tentative map, the pro- posed conditions and copies of the Health Department and Flood Control District letters on the subject matter. This matter must be set for public hearing at 7:00 P.M. on the City Council's agenda of February 28, 1974, at which time the City Council must approve, conditionally approve or disapprove the tentative map, . unless the time limit is extended by mutual consent of the subdivider and the City Council. The provisions of CEQA have previously been complied with, with respect to the project, and there has been no substantial change in either the project as originally reviewed or the circumstances under which the project is to be undertaken. An Environmental Impact Report was filed in connection with Conditional Use Case No. 03-73-PD. It was found by the Planning Commission that the subject tract is con- sistent with the Riverside County General Plan of Land Use. Y f Tract No. 5277-PD Palm Desert City Council February 13, 1974 Page 2. The Subdivision Map Act provides that approval of a tentative map shall terminate 18 months after the date of approval by the City Council unless an extension of time is subsequently granted by the City Council. If the subdivider is unable to record a final map within the 18 month period, he may file a request with the City Council for a one-year extension at least 20 days prior to the last City Council meeting prior to the expira- tion date. If he is unable to record a final map within the one-year extension, he may request a second extension of time by following this same procedure. The subdivider is advised by copy of this letter that the sale of any lots in a subdivision until such time as all conditions of the subdivision have been complied with and the subdivision has been recorded, is a violation of Section 11538 through 11540 of the Business and Professions Code. The subdivider is further advised that road improvement standards have been adopted by the City. These standards are on file in the office of the Commission, the Surveyor, and with various engineers and contractors throughout the County. Before entering into any contract or performing any work, the subdivider shall review the current standards. The sub- divider is further advised that no improvement work will be approved ex- cept as it is executed according to specific plans and filed with and approved by the Road Commissioner prior to the commencement of any work. Very truly yours, CITY OF PALM DESERT PLA ING COMMISSION William R. Livingstone - P anning Director GWD:KDD:nlw cc: Riverside Office Mayor/Councilmen (5) Subdivider: Palm_-Desert Racquet Club Engineer: Webb Engineering, Inc. St. Division of Forestry St. Division of Real Estate P. Stout (2) County Health Department Dept. of Bldg. & Safety - Land Use Division (3) City Bldg. Dept. (2) , Clerk of the City City Office, Title Company Flood Control C.V.C.W.D, File Copy Pebxx 13a 1974 Indio Administrative Center 06m209 Oasis Street, Rom 304 E�IDr221 Indio$ calffmau 92201 (714) 347-OSUO Ext. 278 City Comed City of Pau Desert 73-021 EL ltseo Palm Desert, California 0tMM= TRACT NO.� S277-� SUBDIVIDER: B !Sb'laSER RACQUET CT CITY COIL ACES ® 2f14/74 ff4iR.Yb r The ebow-listed subdivisions oubject to the attached coWitionse was recemwww for ap Va$ by the Planning Comniesion at Its relA1er etIAZ of Febrwry Us 1974. Enclosed ie the tentetfva maps the pro- posed condftlaw Wd espfee of the Health WrArtamt and Flood C®ntrof. District letters on the subject matter. This wtter must be wt for publlo heavlM at 7:00 P.M. on the City Co- Il°G`agesda of rebrwwy 28, 19740 at tah tiw the Cley Coma shot. appro am CoAdItionally app:ove or diempvm'�* the ftstative WP'0 =less the tim IWt Is exteodod by matwL consent of the sUNIvIder and the City Council. The pmvieftaa of CEQA have previously been Ited with, with respeat W the project, and there has been no substantial chew In either the jeot as originally tvvlewd or the almaratanwe der which the P"Ject to to be day a Win. An E Case tel abet Report wins- filed in conmetl WiTh Co itleml am Case moo 03473- 30 it was fob by the Planvftg comisslan that taiw eobja t tract Is 91et t with the RivmWe Cattty Cenml Plan of Fed Use. Tract No. S271-0 Pc3s Desert City COLMOIL February 13 1974 Pate 2. fte. $tMd1vftUW Map Act pmavides that ©ppn wal. of a tentative amp shed. 'te miinae Is owthe after t1m date Of approval by the City Co it wdees = extenetan of time Is subsequently grarited by tier city Council.. 1f the subdivider la umble to rmord a fail amp wlthg the is mouth pw1aae he may file a Vequeet with than City Council for a e -year extemion at least 20 days prior to the just City Council meatiras prior to the expira- tion date.. if be is umbie to record a flas.1 map within the -year extensienno he my regceet a Meood exteralon of tfte by fallewIng this so= pdure. TM subdivider Is advised by copy of this letter tint the sale of MW Ient® In A SubdiviefGn ruUtll such tim ae all eoWitims of the subdivision have been cw*l.led with and thG subdivitslan has bean reaardedp is a vieletion Of Decti4m 11.538 throcalz 11 of the sue as awl Pftfessimm Code. The subdi vIde>r to further advised that road folwovownt standarda have boom adopted by the City. These staneards are an file in the office of th9 Cow-IMi Gns the .Surveyer, and ri.lth various eagimers and coatractors thmusmut the County.' Before entering into any contract or Parrarafts any work,, the eabdivider shell review the ealvent sterAords. The sub- divider 18 further advised that no improvement work will be approved ex- cept as it is exe"te d ancerafts to opectrie: plans and filed With MW cgpV&"d by the Read COMISSIOUW prior to the commacownt of any work. Very truly YOWs 0. C PALM =EMT P CC BSI MUM 9, Eivbwtel - PlaQM RDD:Alit ce: Riverside Offi Mayorltoams allmn (S) SWIvidera PalarjDesert Racquft CjXtb Cn$ er: Wabb fts eerfago Inc. St. Division of rorestry 3t. Dlvialen of Real Estate P,6 3teot (2) City Health Depar wort Dapt. of 91dS. & Safety - Land Me Division (3) City Bldg. Dept. (2) , Clerk of the City City Office, Title Company Flew controt C a Tj c M.N.D. P Ile C0py CONDITIONS OF Ali PRE j L APIPROV ED :BY Pb INING COAet SION "XRWX D10. 52'ur -FD February 11, 1974 1. All improvements shall conform with Conditional Use Case 1560-E and Variance Case 1245-E and County Subdivision Standard Schedule "A" unless modified by these conditions. 2. a. All street improvements shall be designed and constructed in conformance with Riverside County Read Improvement Standards. 1. San Luis Rey Lane shall be improved with match up asphalt concrete paving and concrete curb and gutter located 20 feet from, the centerline within a 30 foot half width dedicated right of way. 24 Corner cut backs shall be shorn on the final. map. 3. The approach shall be installed at the intersection of Mountain Viev Avenue and Fairway Avenue as approved by the County Road Commissioner. 4. A curb return shall be constructed at the intersection of San Luis Rey and Shadow Lake ?rive as approved by the County Road Commissioner. 3. If the subdivider does any lot grading he shall submit one reproducible brownline and four prints of a comprehensive grading plan to the Riverside County Surveyor's Office. Prints of the grading plan will subsequently be transmitted from the Sux reyox 4s Office to the Flood Control District and Department of Building and Safety for review and approval and shall. be in compliance with the Uniform Building Code, Chapter (9, as amended by Ordinance 457. �+. The subdivider shall submit for approval a soils report for stability and geological study to the Riverside County Surveyor°ss Office prior to recordation of the final map,, unless waived by the Director of Building and Safety. 5. .Street names for the proposed subdivision shall be subject to approval by the County Road Commissioner. 6. A eater and sever system shall be installed in accordance with the provisions set forth in the Riverside County Health Department letter dated May 31, 1973's a copy, of which is enclosed,. T. Prior to recordation of the final subdivision map the applicant shall submit to the Co aisssfoa the following documents which shall demonstrate to the satisfaction of the Commiasion that the total, project will be developed and maintained in accordance with the intent and purposes of the approval z, a. The document to convey title. b. Covenants and restrictions to be recorded. c. Management and m%intenaace agreement to be entered into with the owners of the unite of the project. 8. The approved documents shall be recorded at the same time that the subdivision .map is recorded. � tSyR ACT T-11101 rzge 2- 9, A management company with the unqualified right to assess the owners of the individual units for reasonable maintenance costs shall be established and continuously maintained. The management company shall have the right to lien the units of the ovners who default in the payment of their assessment*. Such lien shall not be subordinate to any encumbrance other than a first deed of trust provided such deed of trust is made in good faith and for value and is of record prior to the lien of the management company. 10, Provide easements for roadway slopes, drainage facilities, utilities, etc. and dedicate as necessary for such facilities. U. A valid variance shall be in effect at the time of recordation of the final map, with plot plan being in substantial conformance with approved tentative map. 12. A valid conditional use case shall be in effect at the time of recordation of the final map, with plot, plan being in substantial conformance with approved tentative map. 13, In regard to flood control protection, the requirements as outlined in the Coachella Valley County Water District letter dated April 25, 1973`shall. apply. 14. Prior to recordation of final map, a plot plan in accordance with Ordinance 12 of City of Palm Desert shall be approved by the Planning Commission. ;iay 21, 1973 Riverside County Planning Commission 4050 Lemon Street Riverside, California Attention: Willism P. Padavick, Associate Planner Re: TRACT M. 5277: Being a portion of the SV4 of Sac. 20, T5S, ME, County of Riveroido; 6 Lots. Gentlemen: The Departmexit of Public Health has revie"ad Tentative :Iap No. 5277 and recommends that: A water aystem shall be .installed according to plans and specifi- cations as approved by the water company and the Fealth Department. Permanent prints of the plans of the crater system shall ba submitted in triplicate, with a rs€nimum scale not lens than one inch equals 200 feet, along with the original drawing, to the County Surveyor. The prints shall show the. internal pipe diameter, location of valves and fire hydrants, pipe and joint specifications and the size of the main at the junction of the new system to the existing system. The plans shall comply In all respects with Div. 5, Fart 1, Chapter 7 of the California Health and Safety Code, Waterworks Standards (A.W.W.A.) and General Order 'No. 103 of the Public Utilities Commission of the State of California, when applicable. The plane shall be mined by a registered engineer and water company vrith the following certification: "I'certify that the design of the water system in Tract No. 5277 is is accordance with the water system expansion plans of the Coachella Valley County Water Jistrict and that the slater source, storage, and- distributions systems are adequato to comply with Riverside County Ordinance No. 460." This certificatimt aliall be signed by a re- sponsible official of the water company. The plena count be submitted to the County Surveyor's Office to review at least two ifeeks prior to the request for the recordation of the final trap. This Department has a statement from the Coachella Valley County Water District agreeing to serve domeotle water to each and every lot in the subdivision on demand providinu satisfactory finanti4l arrangem-nto are completed with the subdivider. It will be necessary for the financial arrangements to be made prior to the recor- dation of the final rap. PleaaiCttg .Crtmetzssgiesti -2- 'lay 21, •1973 Tract No. 5277 - This Department has a s3tatownt from the Coachella Valley County Water District agreeing to allow the subdivi alon sewage system to be connected to the severe of the district. The newer system shall be inotalled according to plans and specifi- cations as approved by the district, the County Surveyor and the Health Departmont. Permanent priute of t 6t plans of the newer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor. The pr•into shall show the internal pipe diameter, location of manholes, complete profilesa, pipe and jalnt specifications, and the size of the sewers at the junction of the new system to the existing system. A tingle plat indicating location of smer lines and water lines shall be a portion of the sewage plans and profiles. The plaits shall be signed by a registered enginmor and the sewer district with the following certification: "I certify that the design of the newer oystem iu Tract No. 5277 is in accordance with the weever eyatem expansion plane of the Coachella Valley County Water District and than the waste disposal evstem is adequate at this time to treat the anticipated wactea from tite propoead tract.;' This certification shall be signed by a responsible official of the swier district. The plans must be submitted to the County Survoyor'sn Offica to review at leant two weeks prior to the request for the recordation of the final rasp. It will be necessary for the financial arrangements to be made prior to the recordation of the final map. It will be necessary for all annexation proceedings to ba completely finalized prior to the recordation of tho flual map. Very truly yours, )MOLD It. ERICKSON, Director of Public health J. Yawl Begley, R.S. , Asn't. Director Environmental Health - JPB:tma cc: Water Quality Control Board, Colorado Region Lloyd Rogers, R.S. N '1910 AS A T-USLIC AGENCY .F1 Fir COACHELLA VALLEY COUNTY WATE . K)57 "Ff!,'t K)x I 036 'CO A C HtUt A, CALIFC)RN;A. 92216 . rf LF P�-. ?At ",ei Y Olt j t .Milt April 213, 1973 R ;ve i S i de C(-,j,, ,,y P I ,nn i no Comn i ss,i c.-,n 4080 Le":)n S L ree L , R0,1!71 It 0 1 Riverside , C 311 1 forma 92 cO 1 Re S t0rmwater Conditions , Sec. 20 , T5S, K6E. G c n t I e me n T'h e above t r dc L I i e 5 o_­1 the Dead 1 n d'I an C a t iyo n and Deep C:.,,-ivon ticbris cone. This are;a, is prctectedf frG,oi torqvjato - f I o- 'Is by a -r t yl-,Leon o f chaime I", aiid c.1 i!<es guilt a!-.d ma i r,r )i ned by th i Di st r i C'. Th i s t rac t ii,)v be cores i dered s ife f rom, s tor-water f laws exceot i n rare Instances, The interior drahnacje shall conform to the Provisions indicated "Comprehensive Plan for Surface Water Drainage for Palm. Des. e.rt" approved by Lc e- Board of Supervisors hr 1968. The Coachella Vatlley County Water District will furnish domestis. water and sanitation service to said tract in accord.^4',,�e With the currently prevailing regulations of this District, ThQ sewage effluent for this tract will be treate-' at the Dis,.rict s Water ReclamaL;on Pla,it No. 10 iocated at Cook ­"reet and the White- watcr River SLoromater Channel . The developer should request to be annexed '0 Im 'proveme tPo n District No. 54 and No. 80 to obtain sanitation '­'vire. VL. y truly vours, L Lowe I 1 0. Weeks r_-neral Manager-Chief Engineer DLC.ocmg "OTICE OF ACTION BY CFI! CCI CIL CITY OF PAIx"I DESERT. STATE OF CALIFORNIA RE: TRACT NO, S277-PD ACTIO.I: R 1 Approved L • Denied Continued Other . d REMARKS: Condition No, .1S shall be modified to read: "Prior to issuance of a building permit, D _ Roll Call resulted as follows: Ayes: Unanimously Noes: Absent: I hereby certify that the foregoing is a full, true and correct copy of an order made and entered on February 28 , 1974 February 28, 1974, Book Page 4 of City Council Minutes VITIESS my hand and the seal of the City Council Dated: March 14 , 1974 Mary painter , Deputy , Clerk of the City Council in and for the City of Palm Desert, State of California f $y `�;)�- , '���. _ -- , Deputy . kt� %d, O t File: Tract No. 5277 EXHIBITS IN RIVERSIDE COUNTY FILE EXHIBITS DATE SHOWN ON MAPS Resubmitted Map No. 1 10-19-73 Tentative Tract No. 5277 4-24-73 S � robnauavy 13t, 1974 msinm"elve Center LS.1.8:ISr e�t�'....5,�� r.#'°m. di z r ` t �. s�•. . `Ls...G.y Con.L$rw.il. i:F q Lib" s g.TFa':d'8`.`�1}. 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''. p. ...<.i t.a:.t.¢i:r�Q' `Gs A"� mow`$..° � F,"Z:c•':.r,ts� nr ^3� . a w t:k ..sue..,, er-.t:'r•:;:F.M?,. `cs� Y.r5'ys4; tir"Ca City ;mow '+._. �U"���'S.!`'I,'ici '' Fr�.:5.� � t:5=n�"' � �Y., " •i �, - «, - '�.i� .��rvs �'<',t�'F;ka�' �u�'T-i �r4 �„"i.2•.• E ,e�,y .�, � c..< -•,,... g +n �'v�^--r.-- " 2 ..- '' ,•W. -.i4�,. - rnr .33 7� 1� late ca4 't+i..-. �G ': '� � '•r,a.:n� project E,L3 i! t', S i rl�` c ddL� ism 'L%�J' .z y � v f. .,�'2S .jF N � d-75. mA3'.rr!ij�.is.'k?Yb 4�d.»i.1X fp.�a•,`,..u..l.ib�i.�n' 2Q t.:. G'a�l'i at �+.r�a31.-4� Lfre'.y.. C..Nex.�`��h�6:..'� �'gg E.ti,"`o i',,,s d y}+�.�y y-f`,g �'1`� w .j� f,6�r+ .^ a^�*� ,�y 1 �e �Q. �.•CS1 Lt.<C�Pf. k.3� b.a". ".`J�.441 S.Ga �w'L�'� �a:�eJ�s.'W:>'d 'u�i,.::f�- �mii':.'r ����a�'�w"�s y.�'�t_w* le Cy16 .nu,t ra L•,x�, p ..y. 5� ,( ._„� t7r3''t';,••'y+,',{:. w a ty "v .-a:'az� L a C6;r>•,:. a..� Can i.1� �: :,,....,._ i Pie,gy 2. .€s5' S d {1GU sS".';`�',n`- F,G v D cIt T��H7l �r�c+ + l:` it w. 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Q,YY�R I.WGe'6Y - halo by 1AC"* CC!?, 2,W:3`t'S �rrNtjq"� s F?� ti Via. ti i� yt•� t:1, y ��3 .� of., � u3 i.r ;,. S -- 'Ss r a`, .i.�E L �.-�... -asp .�.� n s Vice and ar"", ,$� :�c:- ��s 4 n ti..'r,";1�:.a�''r z k. >r ; :aa b j [tl. <:.. :l' s:f<3: MR [`FY .iiJ SS ^+.;n<:,' •g.• ru, ga,. c.,�-.* c„-t•r� J„ {•� ns, .a ,.+•w,t",Y �sS - ` I f i any '0 �E ..Y�''fe 4.`'IY� �d:;,,?2.0 k:•L��'v`C..%�5ij any Gsr';�';: �[, �G ..iv'�.ta`i�a'. f#t:,f.. �:w`t1N�4- iF '',.'S,� :v.,z t' :10 {J[ ,. T he Su&b- i A C L: .➢L !.? kw Z kRse i34:#,_I2*d P hn k rt"*�` ,Sh S."..!"'_�.�._a(> .. :,, 'I ¢.1a"'pIt C.Y.o it 7. :ec.`l:•i?b r��:t Mry•.eT:;�t 4'�'�v�. 1» 4,+t1•n'+5,'�• 7 - •1:. a-� E.'% .+.Pi p, t �t by 2:R`ao; ROW WisnA`•S•r...''+ioni:r primr, to the I' rip 5c VZ'"''.vy Only ry }if nurCa' 9 {:I.:Y f P•c9!f2 rrVOMa U:__.I.w> &�,,ti� V�6, ^-„u•c.s°'fa;+µ �sta7^�'pk'i 5.b�'.,�`,?°G.`r;';'`•;ryk�+'�'�,;�.�g� r`�+ . L�lu h+ W;.ib 1/[:.��.iJ•�1„" �.i'.u. <_+.J4$4V�,.L✓�r lr�• No V {P. g�,f Y�*• E - F at' i.5 f 4J:��a Pe '"' �... - t.. `. t.:s:•�-.°v •� �.r. -y t":. �p Fi.`':.s ar�9 � 's �:F.F. i' fF^'r9,���'!- �°.'•f 9<'a v o Ste' ry:oe>•y � ' .M1` a tit''.' E II '51.:» no'? ���_4 Ut yt JC,..'yt.:�y5-.�'-Le 5'.rC'.'i`:iacmny �`��.f�.,y"p'nl tip va'.'_��.}.�:.. �e �vt• � f V '� i L. All- -with Wf':.i.'i:_... nnal ,sc , •nn; ani ,`<,L`./4L.y Subdivision s.: �la_i. �..}'1`.: „c ...e•'i?.�„'"- s, L+.L;,1.e..;_ :i:CC?i._t:d by Mode cent! :'i; <.-s •.. A f_ ...tzi.:.c t Ynr it 1l�.,.tin ,,. j". . ,.. i::, fe r..i -.:i ,t ��i.,.`'s�:i'n :. *':^i^^•�•.._..,r'•, f;_ `."�`iis i�1'i'.. :(, t;.t.,,:. Jae.,; i..i„ T7i•E;1. Riv 'ru;-O:`._' CC>S.?.:st•; tti:•:�G. :t'i' T �:_Et. !3f.e. .. i.,?r. .. J 1. Ban Luis Rey La no n> ^L S j _ Tcint ♦p ss t .{ canayste roving » sl concrete curb nnd gaMr lonanod L0 S.•, t from the 4;entf:'_^l?tie vithin i:.: 30 Toot, MUM width h d=edica$s\-:C? :l'. .(. Wit;{ :;ay, 2. Corner cut :,'"...'.chs shall. i.,•`-! s*o.wt i.ca o.,o. f i_Ylc.•,'.,!{. [2�,�•=�'r. 11 ..=5:.' ,i. 8>n f.E iJ Sft<•'_.). bt .L.'.... •'AwM as \'1t•..`,. --AA'4 :a7,,. ,y,ajJ( of E'4•..:li:.G...'..EE 4..-Y..:J Avenue Fairway Maas a', approved the County Mad Commissioner, rA A curb return ,«.'U:it.. ' v :.z_.a r nMes'. at the w_i i<i��'.-..ne o o n S y a n� Shatz,!A SJ'..�S,e JdY. J..i. Son .`.1�Lq IS.,✓� C..S.,e. ' f.u•3`e Drive a ^:rZj..t'n? by e Y r,..,Y,r:•,ti 7n^., �cr If Ve subdivider does=ny, lot wain, a Efh .,t.J. .oe ,s�t ; 11 e anet four prints of 'Li. q 'i pits to the d : i� '-`" S'>-•^7`%t W ..., • � �3. i...l.t' .�'s31.S,f:. L.f.;l2 .;:�' �:;;i',i.,.�r.,�.. .s (��':%�i =::o Drr I'is ;'1;_' 'jet• • t i�n y t._ ui'• .'+j ;s:: tl y •,e •-z Ir 9t + 'µ''"em b• - y: •..i, A' � _ c%w L�l,'s<, ._ ,..j t2g,i".Lk "5... .u`.... � title.^ e.,`.. '>a,.vi['�:..1'• C3l' E- .1.. 'Z�..� ;•ji?j'i�C!ViS ,� ':,tf'_.LC3ti' uSa Me F1 'C:d COMM ''-�" ' �,:?<> �,r` of saw ' f f ?v . `.. .. �.:a t c:,i � Sr.,:, -_^t iL�?.i�� � . Building :.,..:cl �,. e'.:•j'' ..1�:' l"' :,.t:rtJ mad Y..� ^revel :"fnLd SWU be :y coulliance .._.t.•« tha 'iS7.L'':,iJ`m tj7..f,.3.iI1`:] +,nF?+.:e Chapter as w3ended by Ordinance 451 �•_ The subdivider Wall submit for approval a coils report Abr stability and gealogicoj. study to the ri7 :��'' _�7.s` ✓J:'.l°k:.,�.r _..,.a Iar: .. Fir U_(.0 n prior to �}y.f Mt . ✓,� 'if t,,I i n -% Y- ., .- {1:IS.%'.��.`"a !Fi1�i4'':.'4A l:�' 'f:•;:,Y i��t.a�.'.r`C-��' R31. �i�:t:.3.i,'+::.'.'. i _.?2:i . SGra to r:-._. ve for the p''J.l?+1rae.d .,'w'b :.Rl1.r?ion i< , '_F! be stttlj t to appzoval by tW Wnty Read in U....,, t .,..s.:::, 1`1.K: �?' 1 i," i�`: ,.. i.�_:" ��:_., �e 'i- SI i�'� ,. � r p.., s- '� '!.. .. 3 v .dE..t: .. c: _, y .-%. si.f'.'':tip s' Cis_. -.3. _ .. . ,,): a:fi.. _ .........ci _ eYI r.'_e.G ice,(r:_a o 7, Prior o to ,°t_,.m',„ion :Jr. .:.he flaw!w! :1.1C':..?,:rL:'a C" n ice..'•- ant Mail '.`,' M to the ��' ?.e. :M wC•�. :..n. fallonlas IdtJC1...._..ntu 1:Yliich :ed'_, ., ti toe .- :20 t.W f.'-.t N—. f•t'u' 'b? ;..".• Coe a;''....._ t:)r-ri'.act Au e', he ci' 'rt":-'Mf•.:H and maintained in i..nC.'F)YCjaisC::.. v.E1e intent and purposes ry a^,.ses of "�,.•-:u @���:z..�'S�J'"d r;l rr _ a. The dnourent to cvnvvy title, (, .t '�.i�n-.. and �3o ieo'sIG..Ea4`.:Y�f:yY sz4:t8 iEsvrbG'i,;:i.o"rs to be .:'::.'::':;.,C?ed.1 C<.e %a_agt %at and .C . s,=ry;nc. agreeaent L. bv e t ;red into Is. C1..•�..,-•,?� �•,"s'' �s� 4� The ;,M D `CC Cac ie is a2slw be 3Yc.r Cnt i ' ` _. i time _<ai the 7tb"..' .r i .i o o d R S .��:'A dX.,ti f. vt W._"??r.,.r3.c.°: a ,l w, :':?r;.` 1: ... ;�: :.t :. ._... _r t I ._3 i . �:1'_ .. :?'. "' _:St. C:r;,.i:'r•"`7:E�� ��,''t:. ..,." .. �t.. '' .. '° .f:' ? _..�". 'rt'x .'`r` r��� 1:_ ...�'..: r_ t�. ;,". vr ..�'..%v;'1t< S,i.r:+,�."E. !)i.E:t..°'• •�^1=...'..? !.?.�. . s "�, . 'i' ,s.. w ,.t`.'r,.:,".:. i.'.t'':ki: �.. .a:t C�4' i...�.:is :a.i.. �?'ti: .�.ia. mrF,.t'1 • ��',x.'°.;k ....'S. �1�c%t.' A..Z':�: .at?i.S ti,. .�:r• •''("i"•;;':. �L:: `.._�:�'�'� �t;fl ,':ZS. ...'��:s„ ..,. ':,i:.... ':;3"«°°, ar.....,'%'.�1, ('�! �'��'".::}��., r:�.f: :':`'•.`i{:LC#i': .,..;{':' •y:' ,. }''�.� ..max; `" .... .r.:Y:'t;l; :b;i.; ..:^-i �'i h ?,..... •'..;�.':' n and C.•','.:.t.3 lot;''LW fo :'e? .f;•;, .F ,.i<':s_""a:'. � 1e .L N :;; f�"7.'. ;.,to r .x�4 Q.� _ '.r :1 '3,'....... E'C'�:. ,;.s,.t.i;, a �:i:?.9. L .. t� ...{` L,4a; ,.•y. a + y ..+:�L.,.,'C'ir _:.�.-`_%? J,? ,,..• s �, t9. .,f ,G;. �`1 'i".wt.. ,:, ry.,"�..r:�-l'�i .'C:SC::%< ;.Y i.?,? f? r.;;r,e.::C: .._t�i:.,.'. C3r:' :��i :'._:�•...; i "he c �..: .: .p.:_:.. r,.r -t ;1 T'i:"..�:h J ?cti• Yf ,.s+: • •`jG .a.:� .�',,r„wA. �.%,/ .L' tTJ�} E.�4A�-Z•:....,'',. :"t.. .4.4�,...:.5_ i..i�..: .'i.'�..ti}�..:,s�a "�.'i.x�.t.ia .: '�i���� .n ..,re ^� in the Clof. nhc ...Y .,.'3^.z.�a<y if" 7h eL r..� �T � .._.Cam•: � .. � l� Wf' .. �:.y:.r;'i .�'^ � "' .ems ,�r'E ...,- 1f,,+,�t).:il,' ._ � [-�.':l;l-;.,4>' / r':.C-`%' :,r.'. t: ..�q +G,.. =*a.�..�..., u':^_,�?...•too ••r v .y Y,YI/"Z'�Y^'.'�*ti- �i�(-`1 ,f1- ao 8 7.•�'Wv � s e1 plain 7.a 'accoF."amice Y,7"!tb Ordinance. 12 UH ?.i;�s P) ?' {�C£3G' 'G f: Z2 t3^ �Y.';?rov-e y %1't `�3r^�?�3t?� ar.�a3'maisa—ma. �r t1NOJ.r?le...ma; WHOM 1, N.,.-.:'cid..ohe A.!:i_=«'i....,.,ho -...v:mm '21,se r.,e;.r:^� �'r.4s e. �.!:l}i ;':i 2.3 _. `"l:i•. ...x-�.' ,tsa ;y:%". Y..�.,�,a ea. M P..sc 0"iiJ'.; i.'.:%1:.,zo o? futile ».... .h: _.op 253 Way. Plan" ..l it, nlyzMax 10...,'0 to ....... w .. _. ...n .... . Floor.x At 000M mu CA-2 ..,a.. .t .,r,.._. 'P..t. M .. q, am', 000_..1% _.,. .. W ." , lots c irt... .......'F ...m .. .._ t. as nd ly . • -. .1 ...t_. {....._n 1=70YCY0 N7.._...... rn yowlov no Mrc ZOG Caton Frl ... • C, ,'C. S .!. _...W Y,`,. NO A._...at,... .,, ..:t fits, .(, t .r.M -1 _ agreeing to aw 4-,r',b a 'L..u1 <.,`,�" i"q;,fir,: .. ., µ..2 r. o a - it L.h`>, i � "R,� ct';wK inner _l" „111 r w -i.y t a^ n 5 4 a a 4r :- -%[t p pill, yaWS - by the �/. Y 't. rr�e.x't 1, '7. :.sf"t � ... WAS; i - t,. -- ;5. yr. k SGS.,.•:D P : _£ '' t}.n, ..,s3 r k,.. 4 T;•? ,1. .J�..... .. �..4_. 13 ..E'� .. .a...' rsr .:V.a.o ;: w;„ _ rk P � r4„ t � fF .>.1 pipe y 2 �' ..r..i._,,.:...,, ...,.; ..a..,.'.„i .".,. �•r Y.? ,. {! , a... n cal k�,s C.,� !go 'c,:..4': _ Y t: ., d the P t3ti::�_. �c«t r .,:t.Y n �. t,!,a ., ew Peter alk water Uneo PULL Va 6 PAINS V we Malaga piano The 1+z l +.•.�r .� CY.0.e�.�`.+ ..,. V>F. h -CSCIspar oystam1.. d s A r - ,u T ) ].. . 3 D y, - x „T.t the: ,.L:@a .t<, v' -.i. . d W :.rt.es slam M signed L :. 3.a a n Y :.f WON! ! ) �'j;� - : ii._ .:Vbt.:r. ",red ,i3 -f of u .xi._Y' ,u•vvr:t,t._,.. <_ U! t ,., ,. W tiw Y4�+� 4 ..a .. _-c:l. 'a.•., ... ..'�iJwiy ...:'� ,.r VONmap, ( k .. we he mt. ..:?. 11.. .. ... -i1_._ re.� 1 el as YZPV .... zece . _ y Or ... .... ......•..t.>,. y_'.".ti.' .r{.. ,..4. ^.^ri f ho'gasplavely ..F.Az MM ii_:r M 19W At • >Mt {. AG'�'ni,.'i � � . N � s r ,Ca �' t �x r ('4: G' a r', u � f r"--�` ^n•� pp t� S,y L Y i. ` i�,✓�c"�a�`� ^2x k i.E Fri•�L a •r• �.,8. 1" �"(;r;`i, '.li,MA „a'.lx x;)ii Ptf�1 �.,'.:e?.a�7 .E.{,. ..:C. c,'.'c lx , x r.:1 t s .., >r^ps Fl"{3' s�tyk E( �t•� r"� i.�fiE 6nrdk.Y�,2. .'Kµ•,.C7 i rcF.+' 1<t'..DC'tit .. cQXt_F.-i '7..c.7:,P.�Y.n - r.<+, . i.. _ _. - P:!^:�r.t '.J.,•,^it _ ., - ... rr-E 7 ... t'!-,f,a.rn - - . Y; .1 i i.t'j' _ . _ .�a(7f P.�;+v.-^:.i1.i'.. ���-••Y;yr ITY _. -.�$ad.k;..,. < _f:_iY3% � ( ' 'aE ru'aq+('..e:.:�o� •�'i:�77•;.nrv7vf - - April LJs 1973 t:i A rs 1CI[- Can n *• P1l+'x1�1 ['.sa_ .;C9l1M1ssion Ike ; Srt,.;-nwa r Cond(tions, !nhc 5277, < T55; SE. 11ic it crave tr ct l iat on the bead i nd pan canyon and! Deep '.1nN•L);', - - �jo b r iA cone, This area is priJt.°C_r,t d f r:?�;7 i,'.,iliJ9ter flows by cl . . .ySLem of Cl"tanAe `_i Tod dikes but ! % r't'lf 1!}r: retained by thi - District This MCL nay he Cr 1sI,Jr..'red safe from $tiit''waS,u except in rare instances , •li? .' lei t' ; tGl' 4rai ;aCii. .1hali conform to the prCvis _ns .i':dicate1 jr, nT t63 an FOr _>' , `aG•. /.Of_q .. Drainage f7T r'c'.:ii< Dr_a:C:r!' - - c.'.'pp' .J`.ie4 by the s1C}r]rd of Suptr°v:`S'..r s -i n 1 568 . Cof'lc!i( i l• Na i i eYl ^ud) Y District i Yarair i c9am;'sCiC. water and SsaM E. .P ian service to 5aj _r t accordance the tract� t f} $.,,Gf..�'GITC.-. with��1 currently preva.i l itlC i-egul:<ir :ons of this Wmrici_. effluent L{:i' this tract w{ i f be 1 t"Ei s z (,• .r(i thy 3''1 S 1:Y{C Y 5 Water Reclamation Plant No, . IQ i(?!'c'l'j 1''t'! o: Wok SUM c?f'•d the W jy 'f'•' - ',•�::).tL`r ;7.;1%C:',1" S%:ir!;Cfilu'tE.1i' C%:ii'tYltia ." .. The CfQ_'V�'tt'•?}) i3j(GUld request tobec3`�ii�4'.'Y�ad- to '?7vr'fJt�..-an _ Ibis ri'". - . . .ICE?. 54 and No, 80 to Obtain san t;iaKon `i rvice Very truly. yours; Yeeks Mere! Manager-Chief, i:.1f31i1SeI. DLGi€ 'sy r • 77 F111.tr,$ (� 'r 2 j in °4, l'" NA g;o a 1 -.� �, c L" �r -!•. n rip P,crwwRov- ..:.�•., +, S.` ! t t.i ,>. v Sv, rY.or`PAT it Mon d � ...� _...__ .:..., a•f.'1 � .i 1 'qt 1t a :n .C7 : r � r a n -g J rr ' 4 6 :7 .r pr ti 0 RAY Y. S:10_UV ,7 i c „_ sW ' '.fir»• R,,,e•. - _ '•skzEt !. E4 Fop Z ... LiZle-'.5.y ..3.A�ir.�T: -:CiO._i 10-} Si�'�,7::1:�.�iJG, t./�`_t N IA ;?So . NO The, }s i.A �.7�'f'.- 3.' dtJ�+:«-`iJ, 41n ..Z� �,1r ,:•:.1 'z*A - .. '.r1112' r L4>fi' BMW -' fiat•^.. `: . n ;Nw. AT - - . � - �{X 3 .,i.c.k!.�.$:n.�c ......!� i!' � 3 11.{'t.•r.,. 'Z'�` � h 1�a F "VTSORIAL DISTRICT: Math v P rR 7 a'_j1, S AMER Ea DATE: tiT t ,o- 6— yL . i .. The o.f.:tSx rta9 •.5.4 t14U subdivision, niy. yi{,.f! .,::J ,i..ee ... W..M COMUOUS, Wa:% 'Cor approval by the P,[.a`s-•°i .r.;.: >•nrMIUMO?.'° ar"a its rQ$..fi, ,. 02Vs7.e9 ed of October � n 19731, '- Y .. IS 91. r ri 4' <- 1` !.,f ,� �� „n..nd q lL :s 4 . u .c 1jbs s rh the Health f xe a ti ; ) J: 11 s _ , t , Uwt ill r.YAa - ^' ct for :Z-, lSb 1. v . BOW", . . ,+o,rL.nda, of s.t y..... .. ✓. at .i.:(:. . i)" .,...e - 'ram:.'{ i''.-' too �.,..t_ w _.. ,,_ 1.d.s.;_n,f: !o extended. by t,._.r' .} . r .OO = of the. t[+::: r,.!,?..;i'a. The 5AWKS100 •n'-0.y Act-ponviank61prawalof .a. v. .....•Y.t-_, a map s h.....t.r. term! ate ....T after the .. -.-t✓.. of ,,.ir s'7, N ..,> by - ... .-. tea by the MrS ya.:. .. b:z.i.�`��ui... .a:. .�� .44w.�:�!, J :1 .'i° 'Ex E.' c.. -..........4. ., -, ..'S_ r a•` r.y `�a.n i?i['}y fillA naQw5wt.,._ year whencif.3_°}. 'l.s .a,.4 20 .s: '? ....., �:r'.: ��� �. "�.. „1'��i it--?`,� 3)'..,.. ...�.�`� Sri.".�r.....s, to t5..'• reeprd. a 11_..561 . 7e2 FL�_ ��}• d.�:•,� ... X. a.:v.;- � i ::f ., :r ;:a '.,d f«,.ti:: The qy avj• .:i ,~ti.2.:"^ os NOD 1 ..L,3�, .,�rj. Y3"•.ve:r. ••�'��~�;`.,� .•*: a and i' On been no .,v : .ra;-v e _ S- 4„t:.'�`:_?-. K A. �- a.l �:zJ i�,~• � �� ws,.a. b +,or ...,b i.'e, i w"a- ..,.. .0 Ys n. C ,_ n �v ..-i • 5:.,, :., p.•i.._[t�s:a Aa W10c"SaaW I _ ..tint p a.._,Z.e Utz i,. .F,;:R l.., ,.u with . ; 'nt, "4;%:'$ �:i. .L.•%. c. ....:�F iy'; i:r,-,`';^ `;.T U':,`r< Uttar that We rihaa 09 vvq .2,ois - - .y. WWWO-01-101e /Ki`aSwe .ia Nil cenditionm of ,�•'':.. .i..... ....»3 .,-< ..:i.�4� -..w o w bad d been y a :h,,e_.g 19 0010100 ,., - ^>+ K L st ..'s �, ..,' L�fl�rn-.. r, �F�,O E. +!i�;� ;:a COW ._ .ti 'L:a•i i�sa 1 dd� is NNW- advised As ] ma-d. . - ah Bt at,[ d:Yds hav€ 'beck - ''r; tp ? `?e �! '1; , ear „X taw• =�� i : : office s",''., Com.i$ad.t:)i'R'.thlc` Nc.Fs" `or, and with vi2.:'ihu F:i'q ^.0 ers and mArg ;a 1 s throughO out the Cru'."2'„'y, Before entering • itl - contract ti'"".t".`o•,.,. .�7_F.ir. �l. v_l�.y.� - or o the.. subdividert3:lJ: lzi '': !v * 4 �. Yi? 4L�w'2(l k-'°3 .i ,a a :1• ";-f�'. r i. s further r^..d i1'fed that no . .1 _y EwN a, it A ayp,+ d rGordn to specific plans End file approved - - 2�,t'h and axe,';-'�1+? r°'.[ � his J E °. in c`eta comumneem ;nt A. :la, . .`..:'r a Very '�Zzoly - �t `��i ivy S.{:� �'�i.:k'1�Sa `.F r�z5��.,;cx..i L,f"f,•,i�'�a��'.3 44, J ^ +y in K.F.:ue�. ewa -.t'.�s.- �itj.ej«e:�.�,`•�``!`. `fir{c vr�.1'::_J.�.'�:=1.f2 .. .. - SUM,.r,-a;C r a3mS✓I i^ St. Div. Of"hereeky St. Div. of Real. Estat, P. Stout Ilin Co. Bids. Empt. First ANN OWA Title Cc,Board - VAN of the Nara- l1.>a File capy ,i 77- 7 v b 77 .,'i=. .,'>`n.r�.�k�f 'lril<.:,1.�,g'.��7tst;".^ - ,_ �'1.�5:.,i.�.�f'it�ka� .:+3 �s�..L�M.�L=�:d�iN :<e��".'rr�'✓ �.�t.��.i3 tiaMnSL :Fa ir''a t Octro'�'�a{`"r '�3p 19 .„ i n^y stall n- .}a,4, ;'� e� Y �t.ti ! '� ti .y r ,Y'F,,. ?. `p.a5 ,�:.G All. _A:s Y:?tJ'`'��.."e•.f S5Ct� sF,,:. � 'il,.�� .j'7 `L'r.!?F 1 ?.J�u si:'.,...'� ..�xk,'.e.,�. l .,�4.e .CS�..��:,�>!� }. �Y � f..-.;3 a...... _...,'t"��` �.'C• .�. �,C�t:50. ? a + '''+'wZ a.:5 y f-" ";;�i� `�'"w,1,,r+ C� -,^a�.,` _ .t S. 2 1 ri r•,.. �i 3..,,�' r. � r',�t' L °2'a� Cit t.,e` e: Es :E ".[✓A 'e�' . . ?.s'_ . a.:C,._ :.tI A 't'sa lct M (�a...ie i?t i f._s �','ti.::a.t l�K ;Ss J�„o A. A 12. s':ei et't ,� i'fi � .:its'?e ers �'�':t1�.9`, e : 4 a:., _e6 r r,f. cc 7' C S^ �g�_�°�m.o s:; � with,�: �;• is .� �.��]':,,C.'.'Z<x.s""� J.:.x ;:. ....6::c. • - Rivers).eS GP. fn;,, �,t�ii�.S+tf yS�Jc�f}, I:ti '.e.cc ,�,; ,y+r?r t,s' .R .T �yy 'rr��?fi:'e ^++ 'Z fS ''• �a +�*�o e„c'�u.'n Late,H Lane' :aJ .f.: !.'tl^.t ,.; e ...s 'C!<'� a.rr��:ii�:, to-:t .;t;�.;3.'<..ru... �z'sv' aFj" r?:.Li. _ :..t' e ;�Z t;' c..'J' _ '' 7't.C,° °�P Ono .r.::`d,'-' '� �^�t �ves ? V=�.`:' ,.,�C.�S:'1Y`a ta, `"k'�cNOV. �'. J. _ ,St ',.. a 2 o .t... the s-,., � - half Width C3C:fk'�.C;�.y"�.� L f>�i.�•1'a �•i:J,;'r. 2;, Carger cut backs. shall be shoun on the final mep. ..Du.- The approach J all 'e installed at .he intersection ` Mountain View lve Y . - Ond '?. :way ;LC::: i:`,v atyp_:a ed t+:r4 ihs co=7 o d' l.`„Weah:7nar. A euy�: �."�'!('�aAv'7r r, �a1. �`.�, J'� •�:f;"�":�i� a'" the � 1r.•-'"_' :fJ z,`y ui-' n�aa Dais Rey. a A "-v o �.. : .Ls a t, 67 C'.s"i�.: �.}.:i,T Lr:. :t .+, vt C'a;s �.. ' T ••� Ji:;azF`: L�»J�s .�["; .i?l�$:'G'�..s.i:S. ��,3a L.taC. ire{.ij i-i��'_ ;a1:•�.��._�,e...�e t'! If the s7ubdi Srifiur :o way lot grading r 001 F Submit e iipto„9wti `tiZ�°'�'.°t'i :d E"JI+.s" `,tf"'...s.i t;fa of v� vz»:I;>^'!7'�'C'..�...i?,_ Q'• f.':i�.�:t�.,.,aplan. y�n -i_ ry,f�l�',.t'�, !v€•.'+� Si _ ',- t - ,�` "t/�e _ _f . r � 'LsNJ �t.a a. ..��.L'�Ci J.J.i. �.r 4� .\�.f.:�t' Sic �?�.�f'1,11 '�A MJ�'�.e_i.v O of the. i?LL`ng P.rl lj� c.'i_}..�! :>Cr!}ii.;�i� ,+". ,a7_ Z1',n', .J�„r-..•.�„_.,� a:? r �'ho �:54_�v C i'_o s f i y:'?�'i grading - .� - .r.. .,;t � ;_La_:::.� %�..�. :�..,.,:i i,�. �.....:. ,,c� bF.. .tee to 'l;Y:.e VON c 'tip..''^MU). .E1.S... ,L r,. '' ?s J Depyrugent of Building and WHY for review n %utAd+Q:Fh� ciao. u' . A¢ be n S'o%tA.A ,.rasce .,..tit she i^ts .f":..:m Building coda, Ch ter 01 as aivaend2d by Ordinance svv C'Fi.L 005OWer upps,v.a... v: ,.hN.=r repart Or stability �3`k'•�1 t_'a�'o.+.`?1 "�'�_9 a tidy o the Riverside County s 3.,,.r:y,`o:"s f•, f ,.c 'tr.) _'r� 3. �:+µ -+ C;i2t y Qqom.,, 4r'+.atf' l.a t,:.:. . �1 J, �:�'t i.C:.�:.. �.n u.T0-c;5s, i ai,c�'d by the Dirou tY Va',.'. a6.'f r-eet names !ar the yroposed r.+u-'.I. 7 t_sl n shall be fiub u,f.'s to `:a°o'-i<W! by the fi. . A water W`a','r and saver system :ss„k::f.f..i .<'ie 2.NSi",-'l'.,d in aholhasce with the in the River..O;\ : D` . ui_ :s letterdated l �,^ 1973, a copy _ which i..1.°i5:i to .Ge .a.. _?.,,..'w.. ,v.S tub final ,Ii,L.._. :r,_r..._., i,{`.;_.=a •:'+'o _ - -f...._��� :'>'.al.%,: GPM to 'ae:_'.e {� y -t the .•ii ^1 ryryr'cc i't Nall "'�. j a .`L;� �y ' ,✓_.V_.,.c.,,•�•;" (r.. the Voin+iSis ou •Vh ,^�f..`,.sw ng .i.,... .... ..L S«A u, ./. h N . Li. •i:IJaa�,. �:.. �.r .�..'St..�.9.1<.:2.1..-_6:n o CcSall'wia7:.i.%fJn that the ��::r,r._a. 7 i t be �' � � �.yrV U � maintained" ._ :n. i�r Z. e-, q;<,: the •��5.a: F 'a_? ,.. total of project,:� ���t t. ,.. iv CC.:.?..�tl�� 4.1��: if 4:._ �. f,�f<}_.�...:.. with intent d yurposes ig a. a r�� L' '.1��^- 99 convey - ' �fi.:4. �.Cdi� na.::ia a.'.i'! ��lJ �7,).0�t:.�'�T title. ' . and L1•^`,^.`'.ti e:'a:_oon to ea r e<: tJ'`_iFaVi.. r�7r �ixA ��t •1 be entored into with the owners of t+ 6 - u.'eYa E�.. shall l A recorded at Ohl sana .r:l.ma that the subalvision map ' a ,a n A m`?pc:rrrem an L.ix p5ji.any with `fs,?L, }4.'-L,y.'l1-' ied MEN t"st. ' ` . :' es''; s �v''jP�:. WAS individual F fjrtrt'.nd.TU{`s :���yyf.PX.'. �,7'�;-1:f�iJ Cif ;� i�aa<�.�.�'�.n�: �S+..a.' �a.:S,...K C,,t�.'Rll f�.e established d s'..n k..i The I.tiF.'.J.CLl4gwT.? n .. r �:�^ r fI f lien]1 the - 'I..Y M- ��.le �k' F .f .t...a.� ..;i�� .f�!' ,..t.S 7P �ers.; ..... .. «.. n the: f1e�,/s:`."nt �:£� x j I �c^ry: z y c Such Man a k = S ,�. <7 "'i . �a•L � 'n i s ` . .:.i✓�-e",. '1.... ,�. .P4•., >.l..r:-f<` I.F ..4a... - l..f C<. 3L�. �t'id�.r ...L Cita4.. k.� f✓.��'s - . ennumbri`.nce ^5.to +' V f.si't .L�S.rs 0ed Ot 't:P.'ust b�a°'.l .,,E� :� .d:,sw:" dead , .f h f � s +.,.::.. sw ! ,x £14.c.2,; d.? .c L,`� s ,, su..C.. 1:zL, good ��yy - U :a Arecord. r. aka:;. toWe .t C;:!'.. C.... a �- w ... t.I 3..�'»• �`�t(;!:a''.`f.'�y+�. - �.0 db L`uMdZe <for. . ` . r ✓wC• Yat oj .nr ARMY .g. .- A valid yalid vi,`'si:i 6ace Shall "be Ia :"s::::.-.... at J.tt: i M M waaardafka t ,,2.`_',l hap with Flat t;��+n f.'I�e.�i.1.1 i_ Substantial d`,s;?n'4t�i�rl3", .. - n.1 .,f � }. - '�.:i Y<f:' �•.ile&:}tii a"..a., a•.....a;;:<� 7 .:S•,.L3-� A 'a �.'A �i�f3�:.+::.3 f •f. 13 x..v�. 'se " f 7,..r. •�-``.n. i 7�.��� u 5 l�Y'� ..f a lL if �;'b (`i n •7,L. S.t.a.. cat'!"a '� .?� 1.1: . .a t, �_..Sf� as._�c.:. !:%i- recordation .^ ^.�Sf"..:'. • Tr � Y1tr Lv l an being in O C 4 1, With , , . map. 13 in aagm a flood t%Y f"r<AE ]eLL in v` : CGrt a ' .. 'fell',y co1 .%13•t y Water District letter `�i::,' r '•t 25, 1913 �3 . :'.[.,. ;]...L.l.l_ shall a:f)a fil, .. i�•dJ:/�ry^a c'�T¢ - .- - . . - .. t i TENTATIVE LAND DI V. IS I (3;N MAP TR1`� NSMI :TTAL TRACT NO. 52W DATE PARCEL MAP NO. FROM: RIVERSIDE COUNTY PLANNING COMMISSIONS 4o80 Lemon-Street, Room 101, Riverside, .California .92501 To: , DESERT O 'ICE Attached hereto. is e, tentative land division map., Please examine .it and return, to, this office in time for the Land Division.Committee Meeting 5-21-73 'together ;with such recommendations.as you deem appropriate.' . Nonreceipt of' a recommendation or request for additional time must .be considered approval .of. said map as;presentedo RIVERSIDE COUNTY PLANNING COMMISSION Wm. R. Livingstone - Planning Director TO: RIVERSIDE COUNTY PLANNING'COMMISSION, 4o80-Lemon Street, Room 101, Riverside, California 92501 Returned herewith is the tentative map together with our recommendations as follows- C.U. #$ 1525-E,. heard .by. E.A.P.C. on 4/26/73 was denied; appeal possible. Date May 10, 1973 Harry H. Schmitz Senior Planner M•., Y A.QA tTk { ad h14 fRti�.3d7 QiL`t:a: uad.4�ii .hie. All -i,�:i:T o%-q�:,�n t-:. r,..,rr.T! conform �'.i h L.F:i'�.E•...rn J.r'1....:„��a, ,?n.i��.��sx�,it„ 15 0 and ;}�5?�.`m.L�,.1.Lr�-F c�d.,:Re1 3'"ij•'��''�+ _,... r` -�� {ir, � Standards ...,ro} C ?:r Si�� `: �. !'�.`� rj r, V n'#• u r°,S,Y•.;R^ andCounty -z'r�i� ,.a ii:...,on i.af�f.il...L'' � A Un e,'c:...., w d Eli: ! d , .'�..' 'din i _ �o G„ Subdivision - A _l street My:. v in r S shall � ' .n k hrrrp »zce With'�XC d:v'a"n+i"rJide. County Road improvement . - 1. Bad Luis '-H ` :.a'�w e shall e �-mp ,Jt e with -M i\h aspT)a k- gandrete pawing n j an'.d. C i the «kds;l .M14 . :Yv< <: .�concrete curb 3x ; . ss half width dedicated right of way. o J:ixS"t?:i' I72.4'' .ci z l). be sh#imn Pn 'Gino Mt7:al map. } appirachsball be installed l e^ad at ..r and d!a7.Y'?Teay A=eas ze aa approved.ed by the Wn tF Road �, tw t 'J?:'C:+ 3.`et,L9,rd shall be constructed at, ;ahe tabarsecticyn o a i..,igiE3 Hv... Drive e Y t e -t 1'��'1�c-', Monty Ror,3 Commissioner. " Tt9.� ^,a.Yf_'... .. ,.. - h.t`�..}.{v +Yr` LF'.°�`a.J '��!�F i.)e!t :dby%' i• Road �s�'!�`:i.h k:�+3" 5.....-Vo - o Q. "!yi';�Wsubdivider does W';ts.�� °,C1 nr 61"adi ng is shall� ;�1'B�:�3,:?t one w':;T�i'Od 1�,b e l�r'15.u�.'•..�'ne� L"nd '*our "spr:'Ints of a3 Z c :`W'''-.h a:.,Z'€'e grading plraa i3 T Riverside t'• P''S'iitw• e;7i' the gr=.,zir:.tg pl.,.,y pill subsequembly be trmnsmitted fronu xM Office st to:, the Flood C n r, r „c .r'1 �' �i,�, +�q 3 i> "_ ..i'3 i t eta P} S' ...f:.'.ty for .d?v F-_�.r e.:.3..;>F :l..nl'C-. -�S...J t�. Yr.• c^Y.;.0 PG#,. L.ir.+. F.. a7.> .?.3._..e.a -> -�' '..t .e?1 be_ -,p _ � •.o the �! .r ,Y S' i t. !:"ti �]ny �Tt9 mot'!'`'�'?n 70 as/ ' ! t�:.�,'L.'�°v"f�L�, �.',:yCi rF?.:s,. ., :�±�. €:�.;d:•.+�:w.�.`lC,' �]J.�:S? 'e:�., � _..i..,.~ar..l3: .FSi._?.�Qk" kt_s :..�vt...,p: ae+ ..a'.,+,� .hl;� a.;� amecded by Ordinance 457, . 4. - T a subdivider 1,der shall is ubia',•:1..1r. fur t',-p O L'c;..b, .r .r-11.Y'?,IC it`a:OJ'''1r fqr -`:t .a:':':.hityeat geological - study J `` [7. F-�r ra Y :� 'Y ^ a •f p s iJi,dy o the e Riverside `l•..!.:L.{C� "I'ice t.�:'� prior tJ=� 1.`'.'..4. �.'. .�' �xl:� 41,. �:w'�.n �..tC -1 R.c.'i.Y�,ess waived y theDirector to OfB'. �.�:-l-..1.:9 t:)n .... . }' 4 5 .S yY L r e " S"To <!et d ,5�:1 r'.Sa{ shall tl ! ` .. 2h! J .�`✓� :le7 }P 2e o County si�ie;.EuT� LJr_ the �� +� „'� ��.y..t 1. �_.�:1.�_ t.. ! .7 :,-.�,�`" oad COMMQSIOI;r� CTo A 0-a—te,:;:« .m—k c arm..sm scr,...l be installed e f,..t'dl.:i.rG`e with W 'i-'..•O.Il ,:Oi7+. G Hti'A . in t1ho Riverside County. yey l ^ y . �st, QUA l � 5 c c .' t of which ! Prior to� zscordstioni .,tn :['inal mop C.,.r,e ::i r.ip C h ai?t shall 5..,'., C 7z.M t tc. :.s1ne Commission .t 3 f � y1><^ �r� ... 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