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HomeMy WebLinkAboutTT 5357 45301 DEEP CANYON ROAD APARTMENTS 1975 Or rr j Home Business Development Corporation j 1701 Broadway P.O. Box 1829 San Diego, California 92112 714-238-7805 March 30, 1976 Mr. Paul A. Williams Director of Environmental Services City of Palm Desert P. O. Box 1648 Palm Desert, California 92260 Re: Conditional Use Case 13-74-PD Tract-535.7 .-_Whispering_Sands , Home Business Development Dear Sir: Home Business Development has completed all of the requirements which were agreed upon in obtaining the above approvals. Enclosed are-copies of the various management documents controlling the Whispering Sands Condominiums. We now request acknowledg- ment by the City of Palm Desertof our compliance. Thank you very much for your cooperation. Yours truly, wovAcr.L_ Ja es Womack, Proj-.eet Manager JW:rma Enc. DEPARTMENT OF REAL ESTATE OF THE STATE OF CALIFORNIA TELEPHONE NO. (213) 620-2700 In the matter of the application of FINAL SUBDIVISION HOME BUSINESS DEVELOPMENT CORPORATION PUBLIC REPORT a California corporation FILE NO. 36464 for a final subdivision public report on ISSUED: OCTOBER 31 , 1975 TRACT NO. 5357 EXPIRES: OCTOBER 30, 1980 "WHISPERING SANDS CONDOMINIUMS" RIVERSIDE COUNTY, CALIFORNIA This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. SPECIAL NOTES INFORMATION REGARDING SCHOOLS CAN BE FOUND ON THE LAST PAGE OF THIS REPORT. THIS PROJECT IS A CONDOMINIUM. IT WILL BE OPERATED BY AN INCORPORATED OWNERS ASSOCIATION. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS LIMITED TO YOUR RIGHT TO VOTE AT MEETINGS. PRIOR TO EXECUTION OF THE PURCHASE AGREEMENT THE DEVELOPER SHOULD PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION, RESTRICTIONS AND BYLAWS. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AF- FECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE, OBLIGATIONS, COSTS OF MAIN- TENANCE AND OPERATION. YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BE- FORE YOU OBLIGATE YOURSELF TO PURCHASE A UNIT. THE SUBDIVIDER HAS AN INTEREST IN THE ESCROW COMPANY WHICH IS TO BE USED IN CONNECTION WITH THE SALE OR LEASE OF UNITS IN THIS SUBDIVISION. THE EXACT NATURE OF THE SUBDIVIDER'S INTEREST IS SET FORTH IN THE ESCROW INSTRUCTIONS WHICH ARE TO BE USED. THE DEVELOPER OF THIS PROJECT HAS INDICATED THAT HE INTENDS TO SELL ALL OF THE UNITS IN THIS PROJECT. HOWEVER, ANY OWNER, INCLUDING THE DEVELOPER, HAS A LEGAL RIGHT TO LEASE THE UNITS. PROSPECTIVE PURCHASERS SHOULD CONSIDER THE POSSIBLE EFFECTS ON THE DEVELOPMENT IF A SUBSTANTIAL PORTION OF THE UNITS BECOME RENTAL PROPERTIES. -1- R/E FORM 61$ 10990-901 7-72 20M(Q 09 INTERESTS TO BE CONVEYED: You will receive fee title to a specified unit, an undivided fractional fee interest as a tenant in common in the common area, together with a mem- bership in Whispering Sands Villas Association and rights to use the common area. LOCATION AND SIZE: In the City of Palm Desert. Approximately 1 .49 acres on which six (6) buildings containing 22 units and 22 carports have been constructed, together with common facilities consisting of laundry room, swimming pool and Jacuzzi , which have been constructed. MANAGEMENT AND OPERATION: The Whispering Sands Villas Association, which you must join, manages and operates the common area(s) in accordance with the Restrictions, Articles of Incorporation and the Bylaws. MAINTENANCE AND OPERATIONAL EXPENSES: The subdivider has submitted a budget for the maintenance and operation of the common areas. You should obtain a copy of this bud- get from the subdivider. Under this budget, the monthly assessment against each sub- - division unit will be $82.50. The association may increase or decrease assessments at any time in accordance with the procedure prescribed in the CC&Rs or Bylaws. In considering the advisability of a de- crease in assessments, care should be taken not to eliminate amounts attributable to reserves for replacement or major maintenance. THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACILITIES AND WITH INCREASES IN THE COST OF LIVING. Monthly assessments will commence on all units during the month following the closing of the first sale of a unit. From that time, the subdivider is required to pay the association a monthly assessment for each unit which he owns. The remedies available to the association against owners who are delinquent in the pay- ment of assessments are set forth in the CC&Rs. These remedies are available against the subdivider as well as against other owners. The subdivider has posted a bond as partial security for his obligation to pay these assessments. The governing body of the association should assure itself that the subdivider has satisfied his obligations to the association with respect to maintenance of the common areas before agreeing to a release or exoneration of the secu ri ty. This development is a conversion of an existing apartment to condominium use. The structure is 11 years old. EASEMENTS: Easements for utilities and other purposes are shown on the title report and the subdivision map recorded in the Office of the Riverside County Recorder August 12, 1975, as Instrument No. 97910. RESTRICTIONS: This subdivision is subject to restrictions recorded in the Office of the Riverside County Recorder November 18, 1957, as Instrument No. 82110, and October 16, 1975, as Instrument No. 127337. -2- of 4 pages FILE NO. 36464 TAX ESTIMATES: If the subdivider is unable to give you the current tax information, you may approximate your taxes as follows: TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1974/75 FISCAL YEAR IS $9.875. THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS. FOR EXAMPLE, ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust and note will be used. These documents contain the following provisions: An acceleration clause. This means that if you sell the property or use it as a se- curity for another loan, the lender may declare the entire unpaid loan balance imme- diately due and payable. A late char e. 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. (Refer Sections 11013, 11013.2(a) , Business and Professions Code.) rf the escrow has not closed on your unit within twelve (12) months of the date of your deposit receipt, you may request return of your deposit. GEOLOGIC CONDITIONS: THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTHQUAKE SHAKING, RAPID EROSION OR SUBSIDENCE. THIS SUBDIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE HAZ- ARDS MAY EXIST. SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT MAY OR MAY NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARATION. PURCHASERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGINEERING GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE-MENTIONED HAZARDS HAVE BEEN CONSIDERED AND IF THERE HAS BEEN ADEQUATE COMPLIANCE WITH CHAPTER 70 OR AN EQUIVALENT OR MORE STRINGENT GRADING ORDINANCE DURING THE CONSTRUCTION OF THIS SUBDI- VISION. FLOOD AND DRAINAGE: The Coachella Valley County Water District advises that the above tract lies on the Dead Indian Canyon and Deep Canyon debris cone. This area is pro- tected from stormwater flows by a system of channels and dikes built and maintained by this district. This tract may be considered safe from stormwater flows except in rare instances. FIRE PROTECTION: Riverside County Department of Fire Protection, in cooperation with the California Division of Forestry reports that fire protection is provided by Station 33 (Palm Desert) with two engines and one squad and station 31 (Bermuda Dunes) with two engines and one squad. -3- of 4 pages FILE NO. 36464 The water system being installed meets the requirements established by the Riverside County Department of Fire Protection.- PUBLIC TRANSPORTATION: Regularly scheduled public transportation service is available less than one mile from the subdivision at Highway Ill . SCHOOLS: Desert Sands Unified School District advises that the location and distance from the tract to the nearest schools serving this tract are as follows: Washington Elementary, 768 Portola, 3/4 mile; Lincoln Elementary, 100 Rutledge Way, 12 miles; Palm Desert Middle, 100 Rutledge Way, 12 miles; Indio High, 81-750 Avenue 46, Indio, 7-3/4 miles. School bus transportation is available and free to the aforementioned schools. For further information in regard to this subdivision, you may call (213) 620-2700, or examine the documents at 107 South Broadway, Room 8136, Los Angeles, California 90012. BJ/klm -4- and last FILE NO. 36464 -R'.Tv;P I� `� •EVRik '•, F J ,• 4t . 'Al ad m I. 1 CaLt FORN�� OFFICE OF THE SECRETARY OF STATE i I, MARCH FONG EJ, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the RECORD on file in this office, of which it purports to be a copy, and that same is full, true and correct. i I IN WITNESS WHEREOF, I execute this certificate and affix the Great + Seal of the State of California this I OCT 171975 I j ' Secretary of State K u. '' ` i r ) SEC/STATE FORM CE-107 (REV. 1-75) 26646-662 8-74 100M OO OSP ENDORSED 4 �' LED _Articles of Incorporatio In the office of t of Stale of of the State off Californiaif OCT 17 1975 Whispering Sands Villas Association iRCH FOhG EU, Secretary of Strte By JAMES E. HARRIS. Deputy T'1RST: The name of the corporation hereinafter referred to as the Association is Whispering Sands Villas Association. SECOND: The purposes for which this Association is formed are: (a) The specific and primary purposes for which the Association is formed are: (i) to provide for the management, maintenance, preservation, operation and control ofAhe real property, together with the im- provements and facilities from time to time constructed thereon, situated in the County of Riverside, State of California, more particularly described as follows: Lot 1 of Tract 5357, as shown on Map on file in Book 83, Page 5&6 of Maps, Riverside County Records. (ii) to exercise all of the powers and privileges and to perform all of the duties and obligations of the Association and its Board of Directors as set forth in that certain Declaration of Covenants, Conditions and Restrictions (hereinafter called the Declaration) applicable to the real property described herein and as the same- may be amended from time to time as therein provided, such Declaration being incorporated herein as though fully set forth at length. (b) The general purposes for which this Association is formed are: (i) to enter into, make and perform contracts of every kind for any lawful purpose with any person, firm, association, or corporation, municipality, county, state, territory, government (foreign or domestic), or any governmental or political sub- divisions; (ii) to borrow money, contract debts, issue bonds, notes and debentures and secure the payment or performance of its obli- gations; (iii) to receive and•hold by purchase, g1ft, devise, bequest, (:;rant, or otherwise, real or personal property for the purposes herein stated and to own, manage, maintain, develop, and improve such property; (iv) to act as trustee under any trust incidental to the principal object of the Association and to receive, hold, administer, and expend funds and property subject to such trust; (v) to do all other acts necessary or expedient for the administration of affairs and attainment of the purposes of the Association; (vi) to carry on any activity whatsoever, either as principal, agent, or partner, which is in furtherance of the purposes and powers set forth herein; and conduct said activities in this State or anywhere in the world.; (vii) to have and exercise all the rights and powers conferred on non- profit corporations under the General Nonprofit Corporation Law of the State of California.-as such law-is now in effect on-may be at the time hereafter amended. The foregoing statement of purposes shall be construed as a statement of both purposes and powers, and the purposes and-powers. stated in each clause shall, except where otherwise expressed, be in no wise limited or restricted by any reference to or inference from the terms or.provisions of any other clause, but shall be regarded as independent purposes and powers. (c) Notwithstanding any of the foregoing statements or purposes and powers, the Association shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific and primary purposes of the Association. THIRD: The Association is organized pursuant to the General Nonprofit Corporation Law. of the State of California. FOURTH:. The principal office for the transaction of..business of the Association is located in the County of Riverside, State of California. FIFTH: The number of Directors of the Association shall be three. The names and addresses of the persons who are appointed to act as the first Directors of the Association are: - 2 - John W. Guth 707 Broadway, Suite 1017 San Diego, California 92101 James E. Womack 707 Broadway, Suite 1017 San Diego, California 92101 Dorris W. Coker 707 Broadway, Suite 1017 San Diego, California 9.2101 SIXTH: The authorized number, if any, and qualifications of members of the Association, the different classes of membership, if any, the property, voting and other rights and privileges of membership and their liability for dues and assessments and the method of collection shall be set forth in the Bylaws of - the Association. SEVENTH: Neither the Directors nor the members of the Association shall be personally liable for the debts, liabilities or obligations of the Association. EIGHTH: On the dissolution or winding up of the Association, after paying or adequately providing for the payment of the debts and.obligations of the Association, the remaining assets shall be distributed equally to the members. IN WITNESS WHEREOF, for the purposes of forming the Association under the laws of the State of California, the undersigned, constituting the incorporators of the Association and the persons hereinabove named as the first directors of the A s sociation have executed these A rticles of Incorporation this 1 S'"day of C 1975. j' John W. Guth Ja es E. Womack Dorris W. Coker - 3 - STATE OV CALIFORNIA ) SS COUNTY OF SAN DIEGO ) On October 15, 1975, before me, the undersigned, a Notary Public in and for said County and State, personally appeared John W. Guth, known to me to be the persons whose name is subscribed to the within instrument and acknow- ledged that he executed the same. WITNESS my hand and official:seal Notary Public Dolores M. Hill er OFFICIAL SEAL . DOLORES 11A. HILL } STATE OF CALIFORNIA ) SS PUBLIC � .A�,.t.;,.�.•y; Pr'�.Tn Y PUv IC•CALIFORNIA +* ?' `-' Principal Offi;e,San Diego Co.Calif. COUNTY OF SAN DIE GO ) f fey Commission Exp. Dec. 14, 1978 °1r5.'47r'S�'Sd'a�5r'yrA'��s"f t n'S"s"d'11Si'r'1�F'a 'Sa'a' `�i' On.October 15, 1975, before me, the undersigned, 'a Notary Public in and for said County and State, personally appeared James E. Womack, known to me to be the persons whose name is subscribed to the within instrument. and acknowledged that he executed the same. r WIT NESS m hand and official seal Notary Public Dyo�l�o�reaspyM. Hill N OFFICIAL SEAL f •a ° - } :; � "'�;,�. DOLORES M. HILL ° STATE OF CALIFORNIA ) SS 1 = w .!,` NOT PU3L IC- CALIFORNIA, ,� ' d,/' Principal Office.San Diego Co.Calif. COUNTY OF SAN DIEGO ) r I.ly Commission Exp. Dec. 14, 1978 o On October 15, 1975, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Dorris W. Coker, known to me to be the persons whose name is subscribed to the within instrument and acknow- ledged that she executed the same. a WITNESS m hand and official seal - —E'-n�� C\�L WI y Notary Public Dolores Mr.iH.i-llp i11riS Y�Ylf i I�iJ.YM�i 11 fB~M 111 tta L�1� - . s° OFFICIAL SEAL f DOLORES Ibt. HILL NOTARY PUBLIC-CALIFORNIA °° sy Ld� Pfincipal Office,San Diego Co.Calif. hly Commission Exp. Dec. 14. 1978 s° BYLAWS OF WHISPERING SANDS VILLAS ASSOCIATION TABLE OF CONTENTS ARTICLE PARAGRAPH PAGE I Definitions 1 II Offices 1 III Purpose 2 IV Membership 2 4. 1 Classes of Membership and Rights 2 4. 2 Incidents of Membership 3 4. 3 Proof of Membership 3 4. 4 No Fees, Etc. 3 4. 5 Voting Rights u 4. 6 Membership Rights and Privileges 5 4. 7 Termination of Membership 5 V Meetings of.the Members 5 1 Regular Meetings 5 5. 2 Special Meetings 6 5. 3 Notice . 6 5. 4 Quorum 6 5. 5 Action Without Meeting 7 5. 6 Cumulative Voting 7 5. 7 Additional Voting Qualifications 7 5. 8 Conduct of Meetings 7 5. 9 Consent of Absentees 7 VI Board of Directors 6. 1 Number of Directors 8 6. 2 Election and Term of Office 8 6. 3 Vacancies 9 6. 4 R emoval 10 6. 5 Place of -Meetings 10 6. 6 Organizational Meeting 10 6. 7 Regular Meeting 10 6. 8 Special tileeting 11 6. 9 Notice of Adjournment 11 ARTICLE PARAGRAPH PAGE VI 6. 10 Waiver of Notice 11 6. 11 Quorum 12 6. 12 Adjournment 12 6. 13 Fees and Compensation 12 6. 14 Action of Board Without Meeting 12 6. 15 Executive Committee 12 6. 16- Accounting for Maintenance Fund 13 6. 17 Records of Meetings 13 6. 18 Discharge of Duties 13 6. 19 Initial Directors 13 6. 20 Powers and Duties of the Board 13 6. 21 Contracts 15 6. 22 Audit and Accounting 15 VH Officers' 7. 1 Officers 15 7. 2 Election 16 7. 3 Compensation 15 7. 4 Removal and Resignation is 7. 5 Vacancies 16 7. 6 President 16 7. 7 Vice President 17 7. 8 Secretary 17 • 7. 9 Treasurer 17 VHI Miscellaneous 3. 1 Checks, Drafts, Etc. 18 8. 2 Lnspection of Bylaws 18 8. 3 Fiscal Year 18 8. 4 Am endm er_ts i 8 BYLAWS OF WHISPERING SANDS VILLAS ASSOCIATION Article I Definitions 1. 1 "Project" shall mean all of the real property covered by the Declaration referred to in,.paragraph 1. 2 below, and more particularly described as follows: Lot 1 of Tract 5357, -as shown by Map on file in. Book pages and of Maps, Official Records of Riverside County California. 1. 2 `'Declaration" shall mean the Declaration of Covenants, Conditions and Restrciions applicable to the Project and filed 1975 in, S the Office of the County Recorder of Riverside County, California, as File/Page No. Said Declaration is hereby incorporated in these Bylaws by this reference and shall be treated as though fully set forth herein. A true and correct copy of-' the Declaration and any amendments thereto shall be maintained in the principal office of this Association for inspection by any member or his contract purchaser or transferee residing in the Project. 1. 3 Other terms used in these Bylaws shall have the meaning given to them in the Declaration and the Articles of Incorporation of this Association, hereinafter refer--red to as the "Articles. " Article II Offi c es The principal office of the Association for the transaction of business is located in the County of Riverside. The Board of Directors may at any time or - 1 - iron time to time establish a fixed office and change the location of said offices from one location to another. Article III Purpose The Association has been created to serve as a management body to provide for the management, maintenance and preservation of the common area as more specifically set forth herein and in the Declaration, the Articles, and rules and regulations from time to time established by the Association. Article IV Membership 4. 1 Classes of Membership and Rights The Association shall have one (1) class of memi hers only, and the rights and privileges of each Member in good standing shall be equal; the property interest in the common area a.11ocated_tp each unit shall be as set forth in the Declaration. .Each owner of a condominium shall be a regular Member, of the'Association, which said membership shall be appurtenant to such condo minium. The transfer of'title to such condominium shall automatically transfer the regular membership appurtenant thereto. to the transferee or transferees. Each owner is obligated to promptly, fully and faithfully comply with and conform to each and every term and provision of these Bylaws. In addition,. each o`vne.r shall filly and faithfully . comply :=:ith and conform to each and eery rule and regulation promulgated by the Board; and each owner shall" promptly pay in full when due all assessments levied by the Association regardless of whether such assessments were levied prior to or sub- s equer:t To the date of acquisition of the condominium by any such owner; provided, however, that any purchaser of a condominium at a trustee's sale o: judicial sale uoon-for eciosiire, or any mortgagee vvho Acquires title by means of a deed in Leu of foreclosure, .or any grantee of any mortgagee purchasing such condominium at either - 2 - of said sales or acquiring such condominium in lieu of foreclosure, shall not be Eable for any assessments levied prior to such sale or acquisition of title. 4, 2 Incidents of Tylembersj2j- No membership may be severed or separated from the condominium to -which it is appurtenant. Any sale, transfer, encumbrance, or conveti-ance of each zondominium shall operate to transfer, encumber or convey the appurtenant membership without the requirement of,an express reference thereto.. No owner may avoid the obligation incidental to his membership (including the payment of any assessments) by ronuse of the common area or by abandonment of said owner's condominium. Upon the transfer or conveyance of a condominium to a new owner, the transferring owner shall not be liable for any assessment levied, after the date of recordin; the instrument evidencing such transfer or conveyance. The rights, duties, privileges, and obligations incidental to membership shall be exercised and imposed in accordance v..ith the provisions of the Declaration, the Articles, and these Bylaws. 4. 3 Proof of TMembershio. No person or persons shall exercise the rights of member ship (including the right to vote) until satisfactory proof has been furnished to the Secretary of the .Association of the qualification of such person as a Member or a nominee of a 1Ie-tuber pursuant to the terms of the Declaration, the Articles, and these Bylaws. Such proof mate consist of a copy of a duly executed and acknowledged deed or. -title pol-icy sholvi g such person or the person nominating such person as an owner as such term is defined in the Declaration. Such deed or title policy shall be deemed con- clus--: -n the absence of a conl`ficting claim based upon a later conveyance or title nolic-. 4. 4 No fees, costs or dues shall be assessed against any person as a condition upon his exercise of the rights of membership, except such assessments, levies, and charges as are specifically authorized by the Declaration, the Articles, or . -these Bylaws. r 3 - 4. 5 Voting Rights 4. 5. 1 There shall be allowed one vote for each unit owned, and unless otherwise pro-vided in these Bylaws, the Declaration or by law, the vote of the owners of a majority of condominiums present at any -meeting, or voting by mail or by proxy, shall be required to decide the issue being voted on. 4. 5. 2 Voting by the membership may be in person or by proxy, and shall be by written ballot, orally or by any other method as the Board shall determine. Proxies shall be in such written form as the Association may prescribe-and shall be filed with the Secretary of the Association at or prior to the time of exercise thereof. Proxies shall be effective for the term set forth therein or until there shall be filed with the Secretary of the Association a. written revocation. Any owner otherwise entitled to vote who has granted a proxy and appears in person at any meeting shall be entitled to vote regardless of the proxy; provided, however, that any mortgagee holding a first lien on any condominium may exercise the voting rights of any owner who is in default . under the terms of the mortgage or trust deed encumbering the condominium and/or the note secured thereby, for the duration of said default; provided, however; that sa_d right to vote shall not be exercised unless said lender has recorded a Notice of Default pursuant to Section 2924 of the California Civil Code. Said automatic proxy shall continue until such owner shall demonstrate to the Board that he is not or is no longer in default. Notwithstanding such mortgagee's right to vote pursuant to this paragraph, unless and until said mortgagee notifies the Association in writing of its intention to exercise such 4 - ri_�rhts, the Association shall honor the vote cast by said owner and shall not be required to send notice of any meeting to said mortgagee. Death or incapacity of the grantor of a proxy shall not constitute revocation of same until and unless written notiCE of such death or incapacity is filed with the Secretary of the Association. 4. 5. 3 The duly appointed guardian, conservator, executor, or other personal representative authorized by law to act with respect to the property of any owner shall have the right to exercise the voting privileges of such owner; upon presentation of proper proof of his due appointment, qualification and existing status as such personal representative. 4. 6 Membership Rights and Privileges. No Member shall have the right without the prior approval of the Board of Directors to exercise any of the powers or to per- form ar_Y of the acts which are by these Bylaws or the Declaration delegated to the Board Directors. E%cept as may otherwise be provided in the Declaration and subject to the rules and regulations adopted by the Board, each Member who is in good standing with this Association, his immediate family, guests, and tenants shall have the right to use and enjoy the common area and recreational facilities other than any portion of the common area in which an exclusive right to use has been granted to others. 4. 7 Termination of .1embership. Membership in this Association shall ter., nate only upon the Member ceasing to be an owner of a condominium. Article V Meetings of Members 5. 1 Regular Al leetings. The first annual meeting of Members of the Association shal be held within sit (6) months after the first sale (and close of escrow) by Declarant of a condominium in the Project.. Subsequent regular annual meetings of the Association tvi: be. held on the anniversaries of the first annual meeting of the Association. If. any such _ 5 _ anniversary falls on a holivay, such meeting shall be helot on the next succeeding business day. At such meetings there shall be elected members of the Board of Directors in accordance with the requirements as set forth below. The owners may also transact such other business as may properly come before them. 5. 2 Special AleetinE�s. Special meetings of the members may be called by the President of the Association upon a resolution of the Board or upon the written request therefor signed by the owners of at least twenty-five per cent (2516) of the. condominiums. The notice as provided herein of any special.nieeting shall state the time and place of such meeting and the purpose therefor. 5. 3 Notice. Written notice by the Association of each annual and special meeting Shiall be served on the owner, or owners, of each condominium not less than ten (10) days nor more than sixty (60) days prior to such meei; tip'. Said notice shall specify the date and time of any such meeting either in the City of Palm Desert; California, or at such other suitable place convenient to the owners as may be designated by the Board. 5. 3. 1 All notices to members, if sent by mail, shall be sent to the address as it appears on the Association's records, charges prepaid. Delivery shall be deemed effective forty-eight (48) hours following its deposit for delivery with the -United States Post Office, charges prepaid. 5. 4 Quorum. The owners of a majority of the condominiums in the Project, either in person or by proxy, shall constitute a quorum for the transaction of any ordinary or special business at any meeting of the Association. The conduct of tn� meeting shall be as set forth in these Bylaws. If business at such meetings cannot be conducted because said quorum,is not present, the owners present, - 6 - either in person or by proxy, may adjourn said meeting, to be held at a time not less than forty-eight (48) hours nor more than thirty (30) days from the time the original meeting was held; at such subsequent meeting, the owners, either in person or by proxy, of at least twenty-five per cent (25%) of the condominiums shall constitute a quorum. 5. 5 Action Without Meeting. Any action which may be taken at a meeting of the owners may be taken without a meeting, if authorized by a writing signed by all owners who are entitled to vote at a meeting for such purpose and filed with the Secretary of the Association. 5. 6 Cumulative Voting. Any member entitled to vote at any election of Directors shall have the right to cumulate votes and to give one candidate the number of votes equal to the number of Directors to be elected multiplied by the number of votes to which he is entitled, or to distribute that number of votes on the same basis among as many properly nominated candidates as he shall see fit. The candidates, up to the number of Directors to be elected, receiving the highest number of votes shall be elected. There shall also be cumulative voting on the question of the removal of any Director.. Anything contained here- in to the contrary notwithstanding, in the event members other than Declarant do not have sufficient voting power (when cumulating their votes to the maximum number) to elect one (1) Director, then upon the vote of a majority of the voting power of such members, one (1) Director may be elected solely by the voting power of said members, and the remaining Directors may be elected by - 7 - Declarant. In the event the election of Directors is held at any meeting of members, each member shall have the right to nominate from the floor can- didates for the office of Director. In the event the election of Directors is held by mail, the Directors shall appoint a nominating committee composed of at least one (1) member of the Board of Directors and not less than two (2) members who are not Directors. Such committee shall nominate and place on the ballot at least as many candidates as there are Directors to be elected, and write-in candidates shall be permitted. 5. 7 Additional Voting Qualification. Votes, either in person or by proxy, may be cast only by members in good standing who are not in default of their obligations to pay assessments and to perform other duties as set forth in these Bylaws and in the Declaration. 5. 8 Conduct of Meetings. Meetings of members shall be presided over by the President of the Association, or in his absence by the Vice President, or in the absence of both, by a chairman chosen by a majority of the members entitled to vote in persor or by proxy. The Secretary of the Association shall - 8 - act as Secretary of all meetings of members, provided that in his absence the presiding officer shall appoint another person to act as Secretary of the m eeting. 5. 9 Consent of Absentees. The transactions of any meeting of members, either annual or special, however called and noticed, shall be as valid as though conducted at a meeting duly held after regular call and notice"if a quorum be present either in person or by proxy and if, either before or after the meeting, each of the members entitled to vote who is not present in person or by proxy signs•a written waiver of notice, a consent to the holding.of such meeting,. or an approval of the minutes thereof. All such waivers, consents, or approvals shall be filed with the Secretary to b kept in the corporate records or made a part of the minutes of the meeting. Article VI Board of Directors 6. 1 Number of Directors. The authorized number of Directors of the Association shall be three (3) until changed by a bylaw amending this section, duly adopted by the vote or written assentwof Members entitled to exercise a majority of the voting power. 6. 2 Election and Term of Office. The Directors shall be elected by ballot at the annual. meeting of the Members, 'or by mail in such manner as the Board shall determine; provided, however, that if the election is to be held other than at the annual meeting, at least thirty (30) days written notice thereof must be delivered to each Member either personally or by mail addressed to - 9 - ' ' him. at his address as it appears on the records of the Association. Any election by mail shall be held in the month in which the annual meeting is scheduled. Directors may also be elected at any special meeting of Members held for that purpose. All Directors shall hold office until their respective successors are elected. 6. 3 Vacancies. A vacancy or vacancies shall be deemed to exist in the case of the death, resignation, incapacity, or removal of any Director, or if the Members shall increase the authorized number of Directors but fail at the meeting at which the increase is authorized, or at any adjournment thereof, to elect the additional Director or Directors authorized. In any event, a vacancy, or vacancies, shall exist whenever the Members fail to elect the full number of authorized Directors. 6: 3. 1 Vacancies in the Board of Directors may be filled by a majority of the remaining Directors, although less than a quorum, and each Director so elected shall hold office until his successor is elected at an annual meeting of the Members or at a special meeting of the Members called for that purpose. 6. 3. 2 The Members may at any time elect Directors to fill any vacancies not filled by the Directors, and may.elect additional Directors at the meeting at which an amendment to these Bylaws is voted for authorizing an increase in the number of Directors. - 10 - 6. 3. 3. In the event any Uirector tenders his resignation to the Board, the Board shall have the power to elect a successor to take office at such time as the resignation shall become effective. No reduction in the number of authorized Directors shall have the effect of removing any.Director prior to the expiration - of his term of office. 6. 4 Removal. The Members by a majority vote at any annual. or special meeting may remove any Director and may elect a new Director to serve the un- expired term of the Director so removed; provided, however, that unless the entire Board is removed an individual Director shall not be removed if the number of votes cast against the resolution exceeds the quotient arrived at when the total number o= all votes entitled to be cast is divided by one plus the authorized number of Directors. 6. 5 Place of Aleetind. All meetings of the Board shall be held at the principal office of the Association, or at any other place within the State of California desig- nated at any time by resolution of the Board or by written consent of all members of the Board. 6. 6 Or nizational Aleeting, Immediately following the first annual meeting of the Members, at which the Board shall be elected, the 3oard shall hold a regular meeting for the purpose of organization, appointment of officers, and the transaction of other business. Notice of such meeting is hereby dispensed with. 6. 7 Regular Meeting Regular meetings of the Board shall be held at such date and time as may be agreed upon from time to time by the Board. If such date shall fall on a holiday, such meeting shall be held on the ne.t succeeding business day. No notice of such regular meetings beed`be given, except that a written notice shall be given to each Director of the resolution establishing a regular meeting _ 11 _ state, which notice shall set forth the date, time, and place of the regular meeting. 6. 8 Special Meetings. Special meetings of the Board for any purpose shall be called at any time by the President, or if he is absent or unable or he refuses to act, by any Vice President or by any two (2) Directors. Written notice of the time and place of special meetings shall be delivered personally to each Director or sent to each Director by letter or other written communication, addressed to him at his address as it is shown on the records of the Association. Said notice shall.be delivered to each Director at least five (5) days prior to the time of the special meeting. Notice sent by mail and properly addressed shall be deemed delivered forty-eight (48) hours following its deposit for delivery with the United Post Office, charges prepaid. 6. 9 `•iotice of Adjournment. Notice of adjournment of any Directors meeting, regular or special, need not be given to absent Directors,' if the time and place for reconvening are fixed at the meeting adjourned and the date for the reconvened meeting is set for less than thirty (30) days from the date of the adjourned meeting. 6. 10 Waiver of Notice. The transactions at any meeting of the Board, however called or noticed or wherever held, shall be as valid as though carried out at a meeting duly held after regular call and notice, if a quorum is present, and if before or after the meeting, each Director signs a written waiver of notice, a consent to holding such meeting, or an approval of the minutes thereof. All such waivers, consents, and approvals shall be filed with the corporate records or made w a part of the minutes of the meeting. 12 - o. 11 uorum. A maj - ority of the Directors shall constitute a quorum for the trans- action: of business, except to adjourn as hereinafter provided. Every act done or de- cision made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board. . 6. 12 Adjournment. A quorum of the Directors may adjourn any Directors meeting to meet again at a stated day and hour; provided, however, that in the absence *of a quorum a majority of the Directors present at the Directors meeting, either regular or special, may adjourn from time to time until the time fixed for the next regular meeting of the Board. 6. 13 Fees and Compensation. Directors shall not receive any salary for their services as Directors, although they shall be entitled to receive reasonable reimburse- ment for costs as determined by-the Board. Nothing herein contained shall be construed to preclude any Director from serving the Association. in any other capacity as an officer, agent, employee, or otherwise, and receiving compensation therefor. It is not contemplated-that. officers will receive compensation for performing their duties as officers, but in the event that the Directors decide to pay an officer compensation for his services, such officer, if he is a Director, shall not participate in fixing such compensation. 6. 14 Action of Board Without Meeting. .Any action required or permitted to be taken by the Board of Directors may be taken without a meeting if all members of the Board shall individually or collectively consent to such action in writing. 6. 15 Executive Committee. The Board of Directors shall have the power to appoint an Executive Committee and to delegate to such committee any of the powers and authority of the Board in the management,of the business affairs of the Association except the power to adopt, amend, or repeal bylaws. The Executive Committee shall - 13 - be composed of three or more directors. 6. 16 Accounting for. 1,1aintenance Fund. The Board of Directors shall cause to be maintained a full and complete set of books and records showing the financial condition of the affairs of the Association; such books and records to be maintained in accordance ,with generally accepted accounting principles consistently applied. 6. 17 Records of The Board of Directors shall cause to be maintained a complete record of all their minutes and acts and of the proceedings of the Directors and of the Members. Such records and documents shall be kept and :maintained in the manner consistent with reasonably prudent practice which would be applicable to a business for profit. 6. 18 D_scharge of Duties: In discharging their duties and responsibilities the Board of Directors shall act on behalf of and as the representatives of the Members, ' and. no Director shall be individually or personally liable or obligated for performance or failure of performance of such duties and responsibilities unless he fails to act in good faith. 6. 19 Initial Directors. Prior to the election of the Board of Directors at the first meeting of Members, all the responsibilities, rights, duties, and powers of the Board of Directors shall be vested 'ih the first Directors named in the Articles of Incorporation, and with respect to such period, each reference to the Board of Directors contained in these Bylaws shall be deemed to refer to such persons. 6. 20 Powers and Duties of the Board. Subject to the limitations imposed by the laws of the State of California, the Declaration, the Articles of Incorporation, and these Bylaws as to action to be authorized or approved by the Members, and subject to the dutie-s of the Directors as prescribed by these Bylaws, all powers of the Association shall be controlled by the Board of Directors. without .limiting such general powers, - 14 - Out subject to the above limitations, it is hereby expressly declared that the Hoard of Directors shall have the following powers: (1) To select and to remove all of the officers, agents and employees of the Association, prescribiftg such powers and duties.-for them as may not be inconsistent with the Articles of Incorporation, these Bylaws, or the Declaration, fix their compensation, and require from them security for faithful service. (2) To conduct, manage; and control the affairs and business of the Association, and to make such rules and regulations therefor not incon . sistent with the Declaration, the Articles of Incorporation, or these Bylaws as they may deem proper. (3) To borrow money and incur indebtedness for the purposes of the Association, and for that purpose to cause to be executed.and delivered, in. the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, or other evidence of debt and securities. - (4) To appoint and remove such committees and chairmen of committees as it deems necessary or appropriate for the efficient operation of the Association. Members of said committees need not be Members of the Association, but such committees shall report directly to an officer or Director of the Association, or to the Board, or to an executive committee, as may be specified by the Board. Such committee will have the power and authority to bind the Association in such matters as may be specifically •- - resolved by the Board. , (5) To exercise all of the powers and privileges and. perform all of the duties and obligations of the Association and its Board as set forth in the Declaration, the Articles of Incorporation, and these Bylaws or as may be reasonably - 15 - necessary, proper or convenient for the lawful accomplishment of the gel�eral and specific purposes of the Association. 6. 21 Contracts. The Board shall not enter into any contracts for services for the common area or for the Association which shall be binding on the Association and the owners for a term longer than one (1) year from the date of such binding obligation unless the Board shall first secure the approval of the owners of a majority of the condominiums. 6. 22 Audit and Accounting. The Board shall cause a financial statement (including a balance sheet and income and expense statement) of the affairs of this Association to be made by an independent public accountant as of the last day of the month closest in time to the date six months following close of sale of the first condominium by Declarant to an owner and as of the last day of each fiscal year of the Association. Said financial state- ment shall reflect the finpncial condition of the Association as of said dates and shall summarize the financial transactions in which the Association was involved during the period between the close of the first sale or the last of such financial statements and the date of the current financial statement. The financial statement for the period ending on the last day of the month closest in time to the date following the close of the first sale. by Declarant shall include a schedule of assessments received or receivable itemized by condominium and shall include the name of the person or entity assessed. A copy of said financial statement shall be mailed to each of the members of the Association within sixty (60) days after the date of each such financial statement. Article VII Officers 7. 1 Officers. The officers of the Association shall be a President, a Vice President, a Secretary, and a Treasurer. The Association may also have, at the discretion of the Board, one or more Assistant Secretaries, one or more Assistant Treasurers and such other officers as the Board deems proper. Officers other than - 16 •the President need not be Directors or Members. One pCi son may hold two or more Offices, except those of President and Secretary. 7. 2 Election. The officers of the Association shall be chosen annually by the Board and each shall hold his office until he shall resign or shall be removed or other- wise disqualified to serve or his successor shall be elected and qualified. 7. 3 Compensation. Unless otherwise authorized by the Board, officers of the Association shall serve without compensation, except that they shall be allowed and paid at the discretion of the Board their actual and necessary expenses incurred in performin; their duties. 7. 4 Removal and Resignation. Any officer may be removed, either with or with- out cause, by a majority of the Directors at the time in cffice, at any regular or special meeting of the Board. Any officer may resign at any time by giving written. notice to the Board, the President, or the Secretary of the Association. Any such resigna.'i on shall take effect at the date of the receipt of such notice -or at any later time specified therein; and, unless otherwise specified therein, the acceptance of such resignation shall not .be necessary to make it effective. 7. 5 Vacancies. A vacancy in any offi ce because of death, resignation, removal, disqualification or any other cause, shall be filled in the manner prescribed in the Bylaws for regular appointments to such offices. 7. 6 President. The President shall be the chief executive officer of the Associatic and shall, subject to the control of the Board, have general supervision, direction, and control of the business and officers of the Association. He shall preside over all meetings of the Members and at all meetings of the Board. He shall be ex-officio a member of all standing committees, including the Executive Committee, if any, and shall have the general powers and duties of management usually vested in the office - 17 - p rof President of a corporation, and shall have such other powers and duties as may be prescribed by the Board or by these Bylaws. 7. 7 Vice President. In the absence or disability of the President, the Vice President shall perform all the duties of the President, and,whien. so acting shall have . all powers of, and be subject to all the restrictions upon the President. The Vice President shall have such other powers and duties as may be prescribed by the )3o,-..rd or by these Bylaws. ' 7. 8 Secretaz . The Secretary shall keop, or cause to be kept, a book of n.—Onutes. at the principal office, or such other place as the Board may order, of all meetings caf Directors and Members, with the time and place of holdings i rhether regular or pecia:"s. and if special how authorized, the notice thereof given,. the names of those preseint at the Directors meetings, the number of memberships present or represented at Mem. ber. , meetings and the proceedings thereof. The Secretary shall give. or,cause to be given, _ .,.,r notice d. ;.L11:. ^ P t , li L.CLG',tier�i►i� `tii� GsaN' ivf��Xlit+c', 5^ ztF. ti +"€tG u. � u' `i�v ., rwY: ¢ gi';�1?.�iT, , d �.. the Declaration, or by law to be given, and he shall keep the seal of the Association in safe custody and shall have such other powers and perform: such other duties as may be prescribed by the Board or these Bylaws. 7. 9 Treasurer. The Treasurer shall keep and maintain, or cause to be kept and mainta`.ned, adequate and correct accounts oil the properties and business transactions of the Association, including accounts of its assets., liabilities, receipts, disbui serpents- gains, losses, capital, and surplus. The boons of account shall. at: all times be open to inspection by any Director. The Treasurer .shall deposit all monies and. other valuables in the name of and to the credit of the Associ.ati.on with such depositaries as may be designated by the Board. He shall disburse the hinds of th.e Association as may be. ordered by the Board, shall render to the President and Directors, whenever they request it, an account of all his transactions as 'Treasurer and of the financial condition of the Association, and shall have such other powers and perform such . other duties as may be prescribed by the Board or these Bylaws. Article VIH Miscellaneous 8. 1 Checks, Drafts, Etc. All. checks drafts, or other orders for payment of money, notes or other evidences of indebtedness, issued in the name of or payable to the Association shall be signed or endorsed by such persons and in such manner as, from time-to time, shall be determined by resolution of.the Board. 8. 2 Inspection of Bylaws. The Association shall keep in its principal office for the transaction of business the original or a copy of the Bylaws as amended. or otherwise altered to date, certified by the Secretary, which shall be open to inspection by the Members at all reasonable times during office hours'. 8. 3 Fiscal Year: The fiscal year of the Association shall be determined by the , Board and 'having been so determined is subject to change from time to time as the Board shall determine. 8. 4 Amendments. Except as otherwise provided herein, new Bylaws may be adopted or these Bylaws may be amended or repealed by a majority vote of the Members or Directors present at a meeting duly called for the purpose of adopting, amending, or repealing Bylaws, as long as a quorum is present, or by the written consegt. of a three-fourths (3/4) majority of the Members or Directors entitled to vote. I, the undersigned, do hereby certify: 1. That I am the duly elected and acting Secretary of the .Whispering Sands Villas Association, a California nonprofit corporation; and - 19 - 2. That.the foregoing Bylaws,- comprising eighteen (18) pages, constitute the Bylaws of said Association duly adopted at the meeting of the Board of Directors thereof duly held on 1975. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said Association this day of _ 1975. b Secretary - 20 - i u � � o O LO Z a) When Recorded Mail To: �_� C\tu � o� nT 'Home Business Development Corporation o o P.O. Box 1829 w > c_ r ( San Diego, California 92112 U a o LL DEC.LAtLATION OF COVENANTS, CONDITIONS & RESTRICTIONS THIS DECLARATION is made this 15th day of October., 1975, by HOME BUSINESS DEVELOPMENT CORPORATION, a California corporation (hereinafter "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of the real property located in the County of Riverside, State of California, described as fellows: Lot 1 of Tract 5357, as shown by Map on file in Book 83 Pages 5 and 6 of Maps, Riverside County Records; and WHEREAS, a certain Condominium Plan as described in California Civil Code • Section 1351 covering said real property was recorded September 3 1975, in the CJ ' Official Records of said Riverside County as Instrument No. 107729; and WHEREAS, Declarant is about to sell and convey condominiums hereinafter defined and intends to subject the same, pursuant to California Civil Code Section 1355, to . certain mutual, beneficial limitations, restrictions, conditions and covenants set forth herein. NOW, THEREFORE, Declarant hereby declares that said real. property shall be held, transferred, sold, -hypothecated, encumbered, leased, rented, used, -occupied and improved according to the following limitations, restrictions, conditions and cove- pants, all of which are declared and agreed to be in the furtherance of a plan for- the subdivision, rn.ainte.nance and improvement of said real property, and .are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of said real property, and each and every part thereof. ARTICLE I ze DEFINITIONS 6a ' ie Each of the following words and phrases shall, in this instrument., . have the re- spective meaning shown below, unless any context herein shall otherwise indicate; 1.. 1 "Declaration" shall mean this instrument and any amendments hereto made pur- suant to Article XIV herein entitled. "Amendment. " 1.2 "Condominium Plan" shall mean that certain Condominium Plan referred to hereinabove, and any amendments thereto. 1. 3 "Project" shall mean the parcel of real property hereinabove described and en- compassed by the Condominium Plan and any parcel hereafter annexed thereto. 1. 4 "Unit" shall mean the elements of a condominium which are not part of the common area. Each unit and boundaries thereof are described in the Condominium Plan. 1. 5 "Condominium" shall mean an estate in the Project, as defined in California Civil Code Section 783. 1. 6 "Common Area" shall mean the common area as the same is defined in the Condominium Plan. 1. 7 "Exclusive Use Area" shall mean and refer to those portions of the common area designated as such on the Condominium Plan and shall consist of patios. 1. 8 "Owner" shall mean the person, or persons, who hold (s) record title to any condominium. The term shall include the Declarant_ as to any condominium owned by Declarant. 1. 9 "Association" shall mean the Whispering Sands Villas Association, a California corporation, comprised of the owners. E 1. 10 "Board" shall mean the Board of Directors of the Association. 1. 11 "Articles" shall mean the Articles of Incorporation applicable to the Association. ^ 2 - 1. 12 ':Bylaws" shall mean the governing bylaws of the Association. 1. 13 "lWortgage" shall inean a deed of trust as well as a mortgage in the conventional Ib , sense. 1. 14 "Mort gagee" shall mean a beneficiary under or holder of a deed of trust as well as a mortgagee in the conventional sense. ARTICLE II INTEREST IN PROJECT 2. 1. In addition to a separate ownership interest in a designated.unit, each mvner of a condominium, for each unit owned, shall own an equal undivided interest as a tenant in common in and to the common area. No owner shall voluntarily or involun- tarily sever, one from the other(s), any of the component interests which comprise his condominium. Any transfer, conveyance or encumbrance (by operation of law or otherwi e) of a unit shall operate to transfer, convey or encumber the entire condo- minium, including, but not limited to, the interest of the owner of such unit in and to the common area and membership in the Association, as provided for in ti-dis Declara , `ti.on and in the Bylaws, even though the description in the instrument of transfer., con- veyance or encumbrance may refer only to the estate in and to the unit. 2. 2 leach owner of a condominium shall own the beneficial interest in all personal property acquired by the Association in connection with the exercise of its powers and the performance of its duties hereunder and pursuant to the Bylaws, in proportion to the percentage interest in the common area applicable to such condominium. A trans- fer or conveyance (by operation of law or otherwise) of a condominium shall operate to transfer the transferor's beneficial interest in such property. The transfer, con- veyance or hypothecation of any condom.inium shall be free of any claim on the part of any owner to such property. - 3 - 2. 3 The proportionate share of each owner in the expenses of the con-irnon area. C� shall be identical to such owner's proportionate interest in the con-imo.n area. In the C� event more than one person owns a condominium, then all such owners shall be jointly and severally liable for assessments and expenses attributable to said condommium. A RTICLE III USE OF UNITS IN THE COMMON AREA 3.4 Each unit shall be improved., used and occupied exclusively for residential pur- poses. 3. 2 Each owner shall have the exclusive right to (a) paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner -surfaces of the walls, ceilings, floors, windows and doors bounding his own unit, and (b) alter his own unit,- provided such alteration shall not affect the common area, any other unit or the structural portions of-any building, unless consented to in writing by the Board and the owner of any unit affected by said alteration. Notwithstanding any of the provisions set forth in this paragraph no owner m.ay alter the structure or appearance of the walls or other `structures included .within or bounding his patio. without.the written consent of-tile. . Board. 3. 3.. No owner shall have the right to paint or stain or otherwise alter the exterior surface of his unit without the written consent of the Board. 3. 4 No television antenna or antennae or unsightly objects, poles or wires shall be permitted on the roof, walkways, open spaces or patios, except as necessary to supply. the project with adequate utility services. - 3. 5 No shutter, screen, blind, curtain, drape or appurtenance shall be consn.-ucted, permitted or maintained in or on any window, door or patio without the express written consent of the Board. 4 - 3. 6 No unit shall be occupied or used for any purpose or in any manner which shall L C M cause the improvements.in the project to be uninsurable against loss by fire of the e�1 perils covered by the A ssociation's insurance policy, or pol-icies, or any endorsetnent thereof, or cause any policy, or policies, representing such. insurance to .be cancelled or suspended or the company issuing the same to refuse renewal thereof. 3. 7 No unit shall be used in such a manner as to interfere with the enjoyment of occupants of other units or annoy them by unreasonable noises or otherwise; nor shall any nuisance, or immoral or illegal activity be committed or permitted to occur in any unit. No noxious or offensive activity shall be carried .on in the common area., nor shall anything be done therein which may or become an annoyance or nuisance to the owners. 3. 7. 1 Only one domesticated dog, cat or other commonly accepted household pet, caged birds and fish in a household aquarium may be kept and maintained in a unit; provided said animals (a) are kept for noncommercial.purposes and (h) shall not in the Board's opinion create an unreasonable annoyance or nuisance to the owners. The same shall not be permitted in or on the common area except as allowed by the rules and regulations adopted by the Association. No other animals shall be kept, maintained or permitted on or in the project without the express written consent of the Board or pursuant to the rules and regulations established by the Association. 3. 8 The common area, except buildings, shall be improved and used only for (a) vehicular parking, (b) vehicular and pedestrian movement within the project, in- cluding access to the units, (c) recreational use by the owners and occupants of units and their guests, subject to rules established by the Association, and (d) beautification of the project and providing privacy to the residents thereof through landscaping and other means as the Association shall deem appropriate. A nonexclusive easement for - 5 - R ingress, egress, support and for utilities throughout the common area i ; and shall be appurtenant to each unit, and the common area is and shall be subject to such e lsc� C14 m ent. 3. 9 Nothing shall be done in any unit or in, on or to the common area which will impair the structural integrity of any building or., which would structurally change any building except as is otherwise provided herein. No drilling or mining operations of any kind shall be permitted upon or in any unit or the common area. All equipment, garbage cans and other containers shall be kept screened and concealed from vievi from neighboring units, streets and the common area. All rubbish, trash and garbage shall be regularly removed from each unit and shall not be allowed to accumulate therein or on any adjacent open portion of the common area. 3. 10 No wearing apparel, garments, linens, towels,--laundry or the like shall be kept or .maintained on or in any patio, nor shall equipment be stored, kept or maintained thereon or therein. 3. 11 No activity shall be carried on in the common area which shall be contrary to the rules and regulations of the Association relating to use of and activity in the com- mon area. 3. 12 No owner shall alter or improve the common area or remove any planting, structure, furnishing or other object therefrom, except with the written consent of the Board. 3. 13 The owner of a unit damaged or destroyed by fire or other casualty shall cause the interior of such unit to be repaired or restored. This obligation shall not extend to the installing of furniture and the like, but is for the purpose of preventing unsightliness with respect to such damaged unit and any resultant health or safety problems to other owners within the project and the community. Nothing herein shall be construed, in. - 6 - any manner whatsoever, to Filter or mortify the obligation of the Association to rr;- pair, maintain or restore set forth in Articles VII and VIII hereof. M 3. 14 No owner of a unit shall be permitted to have or maintain more motor vehicles quI S within the project than there are parking spaces assigned by the Board to such owner, pursuant to Article XII hereof. The owners and their guests and invitees shall not park any motor vehicles in the common area, except in the parking areas assigned to them for such use. No boat or trailer shall be stored at any time within the project without the written consent of the Board. No power equipment, hobby shop, carpenter shop or other workshops shall be maintained in any parking area or other portions of the common area. No automobile overhaul or maintenance work, other than emer- gency repair work, shall be permitted in the parking area or other common area. 3. 15 Each owner shall be liable to the Association for all damages to the con-im gin--= area or to any improvements thereon caused by such owner or any occupant of such owner's unit, including, but not limited to the buildings, recreational facilities and landscaping; provided, however, that the amount of such liability shall also include any cost and/or expense, including reasonable atto.rney's fees, incurred by t'i!e Association in connection with the collection and/or enforcement of such owner's obligation set forth herein. 3. 16 Each owner shall have a right and easement of enjoyment in and to the common area and such easement shall be appurtenant to each condominium, subject to the following: (1) The right of the Association to limit the guests of owners. (2) The right of the Association to establish rules and regulations relating; to the use of the common area, subject to paragraph (5) of this section. (3) The right of the Association to borrow money for the purpose of irnpr.oving the common area and the facilities therein. _ 7 ` an oti�nei 's tigl<<: i;w (4) The right of the Association to temporarily suspend use any portion of the common area because of such.owner's failure to abi(.1e by t::to rules and regulations established by the Association, such owner's failure to pay any assessments levied by the Association, and/or such owner's breach of any of the cove- nants, conditions or restrictions contained herein. The period of suspension shall not Geed thirty (30) days for any single infraction of the rifles and regulations, nor shall P-ay suspension for any,othe.r breach herein extend beyond the time in which such breach is cured. The rights of such owner may not be suspended, however, until after ten ( 0) days following delivery of written notice to such owner by the A ssociation setting forth the nature of the breach, default or infraction. Within said ten day period such o::rxler may by no-L-ce to the Board request a hearing before no less than a quorum of t0-1 Board or of a committee selected for that purpose concerning the grounds for. such t;spension. Such hearing shall be held within ten (10) days following receipt by the Association of written notice containing such request or as soon thereafter as practi:c- able. If a hearing is requested within the time provided, no suspension shall be effected until a determination of such breach, default or infraction is made at such r, wring. (5) The right of the Declarant and its agents or employees to the nonexclusive t of the common area and the facilities thereon and one or more units owned by De- (,1. : '--nt for all purposes relating to the selling and managing of condominiums within t project, not to exceed two (2) years from date of sale of first condominium. 17 Any owner may delegate his right of enjoyment in and to the com.ition ax•oa and Ule facilities located thereon to the members of his .family, tenants, or conLvact pur- c i asers and transferees who reside in the project. - s - A:11"i ICLE IV EXCLUSIVE USE AREAS 4. 1 Each exclusive use area shall be appurtenant to a condominium. The right to use an exclusive use area shall be exercisable only by the owner(s) of the condominium appurtenant thereto and/or said owner's licensee(s). Conveyance of a condominium shall effect the conveyance of the exclusive use area appurtenant thereto and transfer all rights thereto to th,e vested owner of the condominium. Any license(s) thereto shall be terminated upon such conveyance. No exclusive use area or any rights thereto (other than said revocable licenses) shall be transferred or conveyed apart from con- veyance of the condominium to which it is appurtenant. 4. 2 Each owner shall have the right to place furniture and potted plants upon the patio area which he has the exclusive right to use. Nothing contained herein shall give any owner the right to paint, decorate, remodel, or alter said exclusive use area with.-. out the prior written consent of the Board. No exclusive use area shall be used in any manner which causes encroachment upon other common area or any other owner's living area. 4. 3 Each owner shall also be responsible for the maintenance of the areas which . he has the exclusive right to use, or make repairs in such manner as shall be deemed necessary in the judgment of the Board to preserve the attractive appearance thereof and protect the value thereof. ARTICLE V THE ASSOCIATION 5. 1 Each person who owns a condominium shall be a regular member of the Association, which membership shall be appurtenant to such condominium. The trans- fer of title to such condominium shall automatically transfer the regular membership appurtenant thereto to the transferee or transferees. Each owner is obligated to 9 - promptly and faithfully comply with and conform to each and every term, and provision of the Bylaws of the Association and to each and every rule and regulat:iomi prorz1ul- cp9 gated by the Board. Each owner. shall promptly pay in full when due all assessments �1 levied by the Association regardless of whether such assessments were levied prior to or subsequent to the date of acquisition of the condominium by any such owner pro- vided, however, that any purchaser of a condominium at a trustee's sale or, judicial sale upon foreclosure, or any mortgagee who acquires title by means of a deed in lieu of foreclosure, or any transferee of any mortgagee purchasing such condominium, at either of said sales or acquiring such condominium in lieu of foreclosure, shall not be liable for any assessment levied prior to such sale or acquisition of title. In the event the Association acquires title to a condominium, any bona fide purchaser from the Association shall not be liable for assessments levied and becoming due prior to his acquisition of title. 5. 2 The Association has been created to serve as a management body to provide for the management, maintenance and preservation of the common area, as more specifi- cally set forth in this Declaration, .the Articles, the Bylaws and the rules and regula- tions from time to time established by the Association. 5. 3 Except as otherwise provided herein, the Association, acting through its Board of Directors, officers and delegatees, shall have the sole and exclusive power and duty to manage, operate, control, repair, replace or restore all of the common area or any portion thereof together with the improvements and landscaping thereon. 5. 3. 1 The number of Directors, qualifications of Directors and all other matters concerning the makeup and administrative operation of the office of a Director and of the Board shall be as set forth in the Bylaws. 5. 4 Except as otherwise provided herein and in the Articles and Bylaws, the powers - 10 - of the Board stall be: �• (1) To select and remove officers, agents, and employees of the Association; to prescribe such powers and duties for them as may not be inconsistent with this Vi Declaration; to fix their compensation; and to require from them or obtain from them security for faithful service; (2) To conduct, manage, adrnini.ster and control the affairs and business of ;th.e Association and the project as it may deem best; (3) To appoint an executive committee and any other committee and to dele- gate to the executive committee any of the powers and authorities of the Board in the management of the business and the affairs of the Association and the project; (4) To levy assessments for the maintenance and operation of the project and the Association; (5) To enfore,e the provisions of this Declaration, the Association Bylaws arid any other rules or documents regarding the management and/or control of the Project; . provided that nothing contained xn this 'paragraph`shall be construed to prohibit enforce- ment of this Declaration, the Bylaws or other rules or documents, by any owner; (6) To contract, provide for and pay for (a) maintenance, utility, gardening and other services benefitting the common area, (b) employment of'and living quarters for persons necessary for the operation of the project, or any part thereof, (c) legal and accounting services, and (d) related matters; (7) To contract for and purchase tools, equipment, materials, supplies and other personal property and services for (a) maintenance and repair of the common area and (b) improvements to the project; (8) To contract for and pay for reconstruction of any portion or portions of the project damaged or destroyed; (9) To pay taxes which constitute a lien upon the entire project or the common - 11 - area, and to pay and discharge any lie>i or encurnbrance levied against the: erti:r(' project or the common area; (10) To dispose by sale or other,%vise of lawn or patio furniture, maintenance. equipment or other property acquired pursuant to this Article V; (11) To prosecute or. defend, in the name of the Association, any action affecting or relating to the Association, the common area or the personal property of the Association or any action in which all of the owners are interested parties with respect to their ownership of the project; (12) To appoint and employ an agent or manager for the project, and to dele- gate such of its powers to such agent or manager as it may be required for the Board's proper functioning.. The members of the Board shall not be liable for any omission or improper exercise by the manager .-any such duty, power or function so delegated by the Board, said manager shall at all times be acting as an independent contractor. The duties, powers and functions delegated to the manager shall be contained in a ..written instrument executed by a majority of the members of the Board. 5. 5 The Board, acting in the name of and on behalf of the Association shall have the duty to acquire or maintain and pay for out of the maintenance fund hereinafter provided all of the following: (1) Water, sewer, garbage, electrical, telephone, gas and all other necessary utility services for the project, except to the extent that .such services are separately metered or charged to the units, in which event each owner shall pay the amount charged to him; (2) A policy, or policies, of Comprehensive Public Liability and Property Damage Insurance coverage including fire insurance with extended coverage endorse- ments, with a Personal Injury Liability endorsement insuring the Association, as . _ 12 - well as each owner as to his joint liability with other owners by reason of his cooAmon interest in the project, against any liability to the public or to the o,,Srners and their tbt invitees or tenants incident to the ownership and/or use of the project. Lin)its of liability under such insurance shall not, for each occurrence, be less tllan $1, 000, 000 for bodily injury and property damage and $1, 000,000 for personal injury (such limits and coverage to be reviewed at least annually by the Board and increased or added to in its discretion; (3) Workmen's Compensation Insurance to the extent necessary to comply with with the applicable laws of the State of California; the Board may in its discretion obtain-and pay for any other type of insurance which is deemed advisable; (4) Legal and accounting services necessary and proper in the operation of the project or for the enforcement of this Declaration; (5) The painting, maintenance, replacement, repair, supplies, equipment, labor, services and landscaping of the common area as the Board shall determine necessary and proper; (6) Any other materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Board is required to perform, obtain or pay pursuant to the terms of this Declaration, or which in the opinion of the Board shall be necessary, proper or desirable for the operation and maintenance of the project or for the enforcement of this Declaration provided, however, that if any such materails, supplies, furniture, labor, services, mainte- nance, repairs, structural alterations, insurance, taxes or assessments are provided for a particular condominium, or condominiums, or exclusive use area, the cost thereof shall be specially assessed to the owner, or owners, thereof and shall be collected as provided in paragraph 5. 9 of this Article; (7) The Board shall also pay any amount necessary to discharge any lien or 13 encumbrance levied against the project, or any part thereof, which niay, in the G�3 opinion of the Board, constitute a lien against the common area rather than merely C qai against the interest therein of a particular owner,. or owners, and shall be collected as provided in paragraph 5. 9 of this Article. 5. 6 The Board, in the name of and acting on behalf' of the Association, shall have the right to adopt reasonable rules and regulations not inconsistent with the provisions of this Declaration, and to amend the same from time to time relating to the use of the common area and the facilities situated thereon by owners and by their tenants .and guests, the conduct of such persons with respect to automobile parking, outside stor- age, boats and trailers, bicycles and other objects, disposal of waste material, washing and drying laundry, control of pets and other activities, which, if not so regu- lated, might detract from the appearance of the project or offend or cause inconvenience or danger to persons residing or visiting therein. Such rules may provide that the owner of a condominium whose occupant leaves property on the common area in violation of the regulations maybe assessed to cover the expense incurred by the Association in re- moving such property and storing or disposing of same. A copy of such rules and of all amendments thereto shall be mailed or personally delivered to each owner and a copy shall be posted in one or more places on the project where the same may be con- veniently inspected. 5. 7 The Board shall not enter into any contract for services for the common area or for the Association which shall be binding on the Association and owners for a term, longer than one year from the date of such binding obligations unless the Board shall first secure the approval of the owners of a majority of condominiums. 5. 8 The Board shall cause a financial statement (including a balance sheet and in- come and expense statement) of the affairs of this Association to be made by an inde- pendent public accountant as of the last day of the month closest in time to the date six. (6) months following close of sale of the first condominium by Declarant to an ov'ner - 14 - and as of the last day of each fiscal year of the Association. Said financia.1 statel-lent C3 M shall reflect the financial condition of this Association as of said dates and shall. summarize the financial transactions in which this Association vias involved during the period between the close of the first sale or the .last of such financial statements and the date of the current financial statement. The financial staternent for tl.-,.e period ending on the last day of the month closest in time to 'the date following the close of the first sale by Declarant shall include a schedule of assessments received or receivable . itemized by condominium and shall include the name of the person or entity assessed.. A copy of said financial statement shall be mailed to each of the members of this A sso- ciation within sixty.(60) days.after 'the.date of each such financial statement. 5. 9 Assessments 5.9. 1 All owners shall pay to the Association the regular assessment install- ments established by Declarant prior to January 1 of the year immediately following the first sale (and close of escrow) of-a�ondominium or by the Board thereafter, said assessments to be in proportion to the percentage interest in the common area allo- cated to each condominium. The Board shall establish a separate account for and shall deposit therein all such payments received. All regular assessments s+iall be paid by each owner on a monthly basis commencing at or before the close of escrow for such owner's condominium and thereafter on the first day of each calendar month. Regular assessments chargeable to or payable for each condominium which has not been conveyed by Declarant shall be the obligation of :Declarant or its successor in ownership in such condominium until such condominium has been sold. At the first organizational meeting of the Board (as provided by the Bylaws), the first Directors of the Association shall provide the duly elected board with an accounting of the assess- ments so received and paid and the funds disbursed. 5. 9.2 At least thirty (30) days prior to January 1 of each year, the Floard of Directors of the Association shall estimate the total charges to be assessed a .I.i.nst the project and to be expended by the Association during the succeeding year, which shall - 15 - constitu.tc the m:Uritenance fund for that year (including reasonable provision for con- M tint;encies and adequate reserves for replacement, less any expected surplus from the prior.year's fund). The estimated amount required for the maintenance fund shall con- stitute the aggregate regular assessment, which shall be assessed to and paid by the owners ill proportion to their respective interests in the common area. 5. 9.3 Any increase or decrease in the amount of any aggregate regular a.ssessment shall be assessed to. and paid by, or shared by in the case of a decrease.- the owners in proportion to their said interests in the common area. The Board may increase or decrease the aggregate regular assessment by no more than twenty per cent (20°fo) over the preceding year's aggregate regular assessment without the approval of the owners of a majority of the condominiums. If theestirnated cash, re- quirement proves to be inadequate for my reason, including nonpayment of any owner's assessment or any unforeseen necessary expenditure, the Board may at any time levy a special assessment which shall be assessed to the owners in proportion to their said interests in the common area. Any recovery by the Association against a defaulting owner shall be credited against the-obligation of nondefaulting owners to pay assess- -rients in subsequent years, in proportion to their contribution to coer said owner's default. 5.9. 4 The Association may, in addition to all other assessments mentioned herein, levy and collect special assessments for capital improvements or other pur- poses; provided, however, that no special assessment for such purposes costing in the aggregate in excess of $1, 000.00 may be levied without the approval of the owners of a majority of condominiums. Such capital improvements outlay shall not include as for repair or the like described in Article VII hereof. 5. 9. 5 Each owner shall be obligated to pay to the .-Association his regular - 16 - atlnual assessrnent in twelve (12) equal installments on or before the first day of M each calendar month, and to pay special assessments within thirty (30) days after Wthe date they are levied or at such other time(s) as the Board shall designate. All assessments shall be paid at such place(s) as the Board shall designate. 5.9. 6 The amount of all delinquent regular and special assessments plus interest thereon and any expenses .reasonably incurred in collecting and/or enforcing. such assessments, including reasonable atto.rney's fees,, shall be and becomr� a lien 0 . upon the condominium so assessed, which shall attach to the condominium as of the time the Association causes to be recorded in the Office of the County Recorder of Riverside County,' California, a Notice of Assessment Lien, which shall state: (a) the amount of the assessment and each such related charge as may be authorized by this Declaration; (b) the name of the owner of record or reputed owner of the condo- mi.nium; and (c) a description of the condominium against w-hich the lien. has been created. The notice shall be signed by two officers of the Association. The assessment lien shall also be deemed to secure all of the foregoing items which shall become due and/ or incurred relative to the condominium after the recordation of the Notice of Assess- meet .Lien until the completion of the enforcement of the lien or the payment of the full amount secured by the lien, or other satisfaction to be made in connection there- with. No proceeding or action shall be instituted to foreclose the lien until a notice of intention to proceed to foreclose the lien has been delivered by the Association to the owner of.the condominium affected by the lien at least thirty (30) days prior to the- commencement of any such action or proceeding. The assessment lien may be cti- - 17 - forded by judicial foreclosure oz• by sale by the Board, the Association's a.ttornu,v or other person authorized to inakc: such sale, after failure of the owner to pay any i.tz- ' 66 b b�t ;A Sta11iI1GIlt or, special.assessntent 'in accordance with the terms of this- Dc:Plar•ati.on,. such sale to be conducted in accordance with the provisions of Sections 2924, 29':=::b and 2924c of the California Civil Code, applicable to the exercise of 'such powers of sale in the mortgages and deeds of trust or in any other manner permitted by The'Association shall•also have the right to bid at any foreclosure sale and to hold, lease, mortbage a.nd convey such condominium upon its purchase. Upon payrn ent of the full amount secured by an assessment lien, including all authorized charges in accordance with the foregoing, or upon any other satisfaction duly made in accordance therewith, the Association shall cause to be recorded a notice setting forth the fact of such payment and/or satisfaction and of the release of the assessment lien. Any assessment lien as to any condominium shall at all tim.es be subject and subordinate to the lien of any first mortgage or deed of trust on such condominium.-which is (::re- ..aced in good faith and for value. In the event any assessment l:iert is removed or wiped out by reason of the foreclosure of any such prior mortgage or deed of trust on a condominium, the interest in the condominium of the purchaser at foreclosure sale znay be subjected to future liens to secure assessments which accrue subsequent to such acquisition and which are levied on the condominium in the same manner as pro- vided above in this Article. Each owner shall and hereby does waive and subordinate the benefits of any homestead or exemption law in. favor of all assessment liens, which assessment liens shall be prior to the rights of any condominium owner under any applicable homestead or exemption laws. 5. 9. 7 The Association shall, upon demand and for a reasonable charge not to exceed fifteen dollars ($15. 00), furnish to the record owner of a condominium o:.• to ` 18 ` any person who qualifies as an "Entitled Person" under Section 2J•J3' cffi the Civil. �`- Cn Code a certificate signed by an officer of the Association setting forth the aniou:ZE co 04 of any unpaid assessment attributable to such condom.i.nium and all related charges authorized by this Declaration. Such certificate shall be furnished to the par. ty rc- questing it within ten (10) days of the date the request is received by the Association. ARTICLE VI - RIGHTS OF LENDERS 6. 1 Any owner may encumber his condominium witlz or by a mortgage, deed of trust or other instrument of hypothecation. 6.2 In the event any mortgagee (a) shall acquire title to any condominium by judicial foreclosure, exercise of power of sale or assignment contained in any mort- gage or deed of trust. or eed in lieu of foreclosure, and (b) shall thereafter sell and convey such condominium, any mortgage or deed of trust received by such mortgage as security for all or a portion of the purchase price of such condozxiizziunl. shall. be in- controvertibly deemed "given for value. " 6. 3 Any breach or default by any owner or .the Association under this Declaration and the foreclosure of any lien established by this Declaration shall not operate to affect or impair the lien or charge of any mortgagee holding a first mortgage lien on' any unit. Any purchaser at a trustee's sale or foreclosure sale of any condominium or any purchaser from any mortgagee purchasing from any foreclosure sale or trustee's sale initiated by such mortgagee, shall take the condominium so purchased subject to the power of the Association to create a lien for all delinquent assessments that shall accrue subsequent to the date of foreclosure sale or trustee' sale. - 19 - A wricl.,-C VII Kl'''PAIRS AND MAINTENANC:L ' 7. 1 Each owner at his expense shall be responsible for the maintenance and re- rS. air of -%vindows of his unit, the interior of his unit, the appliances and eciuipnZ�ent lo- p� - cated in his unit and exclusive use area, and the plumbing, electrical, heating and cooling systems servicing his unit and located within his unit. The-Association, how- ever, shall be responsible for the' maintenance and repair of any of the above described . systems located outside such unit which are part of the common area; provided, how- ever, that in the event such maintenance or repair is attributable to the extraordinary use or abuse by any owner or his occupant(s), the cost of such work may be assessed to such owner.in the manner provided for in Article V hereof. Notwithstanding the fore- going, each owner shall be responsible at his expense for the maintenance and repair of any heating and air conditionuig system serving his unit and located in the common. area. Any alteration of the common area structures or appearance shall not be made without prior written approval of the Board. 7. 2 In the event the owner fails to maintain the interior of his condominium or exclusive use area, the Association, acting through the Board, in order to preserve the attractive appearance of the project and value thereof, may give written notice to such owner stating with particularity the work of maintenance or repair which the Board finds to be required, and requesting that the same be carried out within a period not exceeding ten (10) days from the date of such notice. In the event such owner fails to carry out such maintenance or repair within the period specified by the notice, the Board shall cause such work to be done and shall assess the cost thereof to the responsible owner in the amount provided for in: Article V hereof. 7. 3 The Association shall, except as otherwise provided herein, maintain and - 20 - repair the cornnlon area and all i.nprovenients, landscaping, equipment, furnitshir.� s 0 and facilities thereon. C-11 t'l 7. 4 The Association and its agents shall have the right to enter upon any unit or exclusive use area to the extent that such entry is necessary to carry out the reps i.r and maintenance of the common area or.to perform any work reasonably rela.ted"to the performance by the Association of its responsibilities under the terms of this Declaration. Such right of entry shall be exercised in. such a manner as to interfere with the possession of and enjoyment of the owner, or occupants, of such unit as little as is reasonably possible and shaal be preceded by reasonable notice wherever the circumstances permit. ARTICLE VIII DAMAGE AND DESTRUCTION; INSURANCE; LIQUIDATION 8. 1 In the event of damage to or destruction of any building, improvement, structure or equipment situated in or constituting part of the common area, and/or in the event of damage .to or destruction of the exterior or interior of any unit (excluding furnishings and equipment located therein) which loss its .covered by the fire insurance acquired or maintained by.the Association out of the maintenance fund, the Board shall cause such damage or destruction to be repaired or rebuilt in accordance with the ori- ginal plans, and specifications to the extent practical and to the extent of available in- surance proceeds or other funds. In the event the cost: of such repair, rebuilding or replacement exceeds the insurance proceeds payable by reason of such damage or destruction the amount of the difference shall constitute a special assessment which shall be prorated among the owners in accordance with. the ratio of their respective undivided interests in the common area and assessed to such owners pursuant to the p.r•ovisions of Article V hereof; provided, however, that in the event such. damago or destruction is attributable to the improper or negligent action or omission of an - 21 - owner or oNvners, the special assessment for repairing such Ch llage O dc:;trur.t�un shall be made only against such owner or owners. In the event the woout of ,,itclh M M insurance proceeds exceeds the cost of repair, rebuilding or replacement, the stir- plus shall be added to the maintenance fund, and such addition shall. ba taken into consideration in determining the next annual. budget, If, however,..three-fourth:;. (3/4) or more of the project is destroyed or substantially damaged and the owners Bolding in the aggregate more than fifty per cent (507o) interest b1 the common area are opposed to the repair, rebuilding or replacement thereof, then the dissociation shall, as an agent for all the owners, sell the entire project, including all units and the common area in its then present condition, free from the effect of this Declaration - upon terms satisfactory to the Board. In respect to each condominium subject to the lien or charge of a mortgage, the vote'of the owner of such condominium not to re- pair, rebuild or replace shall be deemed ineffective unless the mor tga.gee shall have consented in writing thereto. 8.2 Upon the occurrence of such sale, the .Association shall wind up its affairs and liq=uidate and distribute its assets in accordance with the law of the State of California. .The proceeds available to members on dissolution sha:tl be distributed to the owners in the same ratio as their respective undivided interest in the common area and to the mortgagees of such owners as their interests may appear. 8. 3 Each owner shall have the sole responsibility of obtaining and maint:zining in-- . surance covering any furniture, equipment and other personal property within such owner's unit and any personal property owned by such owner located anywhere on or in the common area. ARTICLE IX COVENANT AGAINST PARTITION MThe common area shall remain undivided, and there shall be no judicial Npartition thereof. Nothing herein shall be deemed to prevent partition of an ownership of a condominium. ARTICLE X BREACH 10. 1 A breach of any of the covenants contained in this Declaration_which is-not cured within a period of fifteen (15) days from the date of written notice of such breach given by the A ssociation to the owner, or owners, upon whose units such breach occurred or whose actor omission constituted such breach, shall permit --the Association, any owner or any mortgagee the right to enjoin, abate or remedy by all appropriate legal and equitable proceedings the occurrence of-such breach. Such notice to set forth (a) the facts constituting such breach, (b) a description of the unit or the common area upon which such breach occurred, and (c) the name of the owner, or owners, of such unit. It is hereby agreed that damages at law for, any such breach are and shall be inadequate. 10. The result of every act or omission whereby any of the covenants contained in this Declaration are breached either in whole or in part is hereby declared to be and constitutes a nuisance, and every remedy.allowed by law or equity against a nuisance, . either public or private, shall be appropriate and applicable against every such result and may be exercised by any owner, any mortgagee or the Association. ARTICLE XI NOTICES 11. 1 In each instance in which a notice is required to be given to an owner, the same shall be.in writing and may be delivered personally, in which case personal delivery of such notice to one of two or more persons owning a condoniixiium or to - 23 - any general partner of a partnership owning a condominium is and shall be deentcd 1 delivery to all such persons or to the partnership, as the case may be, and per- t:a qw4 sonal delivery of the notice to any officer or agent for the service of pr.occss of a corporation owning such condominium is and shall be deemed to be delivery to the corporation; or such notice may be delivered by regular United States mail, postage prepaid, addressed to such owner at the most recent address furnished to the Also ciation by such owner, or if no such address shall have been furnished, then to the street address of such unit. Such notice is and shall be deemed to be delivered forty-eight (48) hours after the time of such mailing. 11. 2 Any notices to be given to the Association may be delivered personally to any member of the Board or delivered by United States mail, postage prepaid, addressed to the Board at such address as it shall fix from time to time and circulate to all owners. Such notice is and shall be deemed to be delivered forty-eight (48) hours after the time of such mailing. 11. 3 Notice to Declarant shall be delivered by United States mail, postage prepaid, addressed to Declarant at 707 Broadway, San Diego, California, 92101, or such other address as it shall designate to the Board from time to time. Such notice shall be considered delivered only upon actual receipt. ARTICLE XII PARKING & STORAGE The project has been so designed by Declarant that each condominium will have available to it at least one (1) parking space. Concurrently with the execution and. delivery of a deed to the condominium by Declarant, the Association will assign in writing pursuant to the terms of this paragraph, an exclusive license and right to use one or more designated parking spaces located with the project, and any available - 24 storage space. . Such exclusive license and right shall be assignable- ,.:7d transfer- able voluntarily by an owner to his successor in,interest subject to the right of th,, Association to terminate such license or to designate parking and/or storage spaces different from those originally assigned by the Association. Owners may excha.rzl;e between or among themselves their respective parking and/or storage space pro- vided that prior written notice thereof is delivered to the Association, and the Asso-. ciation may reassign parking spaces at any time upon giving thirty (30) days prior written notice to the owner or owners affected. ARTICLE XIII ENCROACHMENT EASEMENT Each condominium within the project is hereby declared to have an easement ove-r.all adjoining condominiums for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building or any other cause. These are and shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of owners are not and shall not be altered in any way by said encroach- ment, settlement or shifting; provided, however, that in no event shall a valid ease- ment for encroachment be created in favor of an owner if said encroachment occurred due to the willful misconduct of said owner. In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the owners of each condominium agree that minor encroachments over adjoining condominiums shall be permitted so long as the same shall exist. ARTICLE XIV AMENDMENT 14. 1 This Declaration may from time to time be amended by written instrument (or counterparts thereof) (a) signed and acknowledged by the owners of at least - 25 - seventy-five per cent (75`/) of the condominiums, and (b) filed for record it, the r- Office of the County Blecorder of Riverside County, California. Each sueh arr�.en�1- fig in ent shall become effective upon such recording. Notwithstanding any'provision herein to the contrary, no amendment of Paragraphs 5.,1 and 5. 9, and Articles V1, VII, VIII and/or X hereof shall be effective without prior written consent of the holders of 751/10 of the recorded first deeds .of trust encumbering (as of: the time of recording such amenchrrent) all condominiums; as to all other amendments, the Association shall, before any amendment shall become effective, obtain the written .consent of 75% of such encumbrancers of condominiums of which the Association has actual knowledge. 14. 2 Each such amendment made pursuant to Paragraph 14. 1 shall, from and after its effective date, be effective as to all of (a) the common area,. (b) the living units and exclusive use areas, (c) the condominiums, (d) the project, and (e) the owners (as of the effective date) -and their successors in interest. ARTICLE XV GENERAL PROVISIONS 15. 1 No Waiver - The failure of the Association, any owner or encumbrancer to enforce any of the covenants, conditions, restrictions and limitations contained in this Declaration shall not constitute a waiver of the right to enforce the same there- after, nor shall such failure result in or impose any liability on the owners, Asso- ciation or encumbrancers. 15. 2 Severability - Should any of the covenants, conditions, restrictions and litn�ita- tions in this Declaration be held by a competent court to be void or unenforceable in law or in equity, such invalidity or unenfo rc e ability shall not: affect the validity or enforceability of any other provisions hereof. - 26 - 15. 3 Atto.rney's Fees In the event any litigation is commenced to enforce a.ziy V5 rights or obligations under this Declaration, the prevailing party shall be entitled t'*3 to recover court costs and reasonable attorney's fees from the other party or parties to the litigation. 15. 4 Captions - Captions of Articles, sections and paragraphs of this Declaration are for convenience and reference only. The words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or mean.-ig of the provisions of this Declaration. 15. 5 Interpretation - The provisions of this Declaration are to be liberally con- strued to effectuate its purpose of creating a uniform plan for the maintenance and operation of the project. 15. 6 St}ecessors - This Declaration shall be for the benefit of and be binding uporr- the heirs, legatees, executors, devisees, administrators, guardians, conservators, successors, purchasers, lessees, encumbrancers, donees, and assignees of and from the owners. IN WITNESS WHEREOF, the undersigned has executed this instrument on the date first mentioned above. HOME BUSING ESS DEVELOPMENT CORPORAT)ON, a Caliifbxnia. corporation By J Guth, President Dorris W. Coker, Secretary - 27 - State of California ) On October 15, 1975 before me, the undersigned, a Notary Public in and for said State, personally appeared John W. Guth known to me to be the County of San Diego ) President and Dorris W. Coker known to me to be Secretary _of the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. Notary Public Name (typed or printed) Dolores M. Hill oi'F IC1AL SEAL ue - NOTARY PUGL.0 • CAL1FbP.Gia °$ � Friceipa'Jtfice,Spa D;ego Co.GOP r 14, 1978: F;1y Commission Exp. Dec. 'K u'idTb'4`a of'�'ns4lie('mP'i�'a rr11`1'rer e`ar5s"n"e°�m'!'�' nn 17 CWhen recorded return to; r Scfeco Tale Insurance Company ® CONDOMINIUM PLAN FOR LOT I OF TRACT 5357 IN THE CITY OF PALM DESERT ) COUNTY OF RIVERSIDE 1 STATE OF CALIF AS PE R MAP FILED IN BOOT( SS.3:j PAGES 5, AND'(6 OF MAPS) IN OFFICE OF COUNTY I?E(OKDEP OF SAID COUNTY . OWNER'S CERTIFICATE WE THE UNDERSIGNED) BEING THE RE(I)RD OPJNERS OF THE LAND INCLUDED WITHIN . TIME PROJECT AND Zuf HOLDER "s�� DF 1HE SECURITY- INTEREST THERE[.N) HEREBY CONSENT TO TILE RECOROATION . OFTHE PLAN ) PURSUANT TO THE PROVISIONS' Ol CHAPTER I. , TITLE ro j PART4 , DIYISIbi SECOND.Of TIDE CALIFORNIA CIVIL: CODE. . r HOME BUSINESS . DEVELOPME T CORPORATION)A CALI FORD IA ..-CORPORATION •45s1: V.#ItE Poe E3. . es-- .., ,SECRETARY HOME FEDERAL SAVINGS. - AND LOAN ASSOCIATION OF �?JPIEGO) A CORPORATION NOTARY ACKNOWLEDGEMENT STATE OF CALI FOR NIA 3 ,Ire` sx` _ ZOUNTY 'OF $.a '&414 s.s. � 6N THISaOl DAY OF&-ure 1 1971 BEFORE ME tr NOTARY PUBLIC IN AND FOR SAID CO F "" • ,� �- O ME TO BETHF-;st; :veq�g. - . > >INTY AND STATE, PERSON ��; KNOWN T s ;AND Vi a `_CQ&M KNOWN TO ME TO BE THE SECRETA RY OF THE 1.10M go off DEVELOP- PENT C01PORATIONi A CALIFORNIA CORPORATION- AS OWNE2,THE CORPORATION TART'EXEC UT.CD.TIIE YYITHIN W - NSIRLIMiNT AND KNOWN TO ME TO BE THE'PERSONS' WHO EXECUTED TPE WITH IN INSTRUMENT ON-BE . 14ALF OF T-PE CORPORATION THEREIN NAMED AND ACIKNOWLE➢GED TO ME THAT SUCH CORPORATION EXECUTI:DTIIE 1THIN IIIS11UMENT PURILIANT TO ITS BY-LAWS OR A RESOLUTION OF ITS BOARD a 'DIRECTORS. =r ' - WITNESS MY }LAND AND OFFICIAL SEAL. . . w NY COMMISSION EXPIRESMAACH U t27' _ NOTARY. PUPLIC IN AIlD FOR SA NTY Atli). STATE NOTARY ACKNOWLEDGEMENT STNIE OF CALIFORNIA ] y COUNTY OF �d ONTRiS DAY OF ;1975 BEFORE (LIME ) Z A NOTARY PURIC I;S AND FOR SA1O C0- LINTY AND STATE ) PERSONALLY ��r,���'"� KNOWN TO ME TO BE THEW% P4 - AND.0,00A? ®zk IM&;ia KNOWN-TOME- TO BE TH[ A4�UCC'o OF HOME FEDERAL SAYINGS.9NO LOAN ASSOCIATION OF SAN DIEGO, A'CALIFDRNIA CORPORATION., AS -BENEIFICIREYj THE COQPORATIONU THAT EX-- ECUTED THE WITUIN INSTRUMENT .PWD. KNOWN TO ME TO SE THE PERSONS- WHO EXECUTED THE. WITHIN. INSTRUMENT ON BEHALF OF THE OF THE CORPORATION1 JgEREIN NRIVED AND ACyy6W'LEDSED TO ME 9PT SUCH CORPORATION EXECUTED THE WITHIN INSTRUMENT . PURSUANT TO ITS BY-L9W.5 09-A RESOLUTION OF /TJ. BOARD OF DIRECTORS. • WITNESS JYIY HP NO AND OFFICIAL SEAL.. MY COmiYl1SSIAIU .EXPIRE51%4Re1f�A<� 7 NOTARY PU6tl( IN AND COUNTY JINDSTATE . WIMAA 1M. L_'YDICKNOTARY F,!6LIC s k izdPal Cffic?.San,),ejR Co.Calif. `.xpires -' arcn 22. 1977 '� { lq a j CONDOMINIUM PLAN BOU N DARY MAP PROJECT BOUNDRIESP# H MARK LOT I OF TRACT 5357 IN THE COUNTY OF RIVERSIDE, RIVERSIDE , O i D. g '� - P.P S_P STATE OF CALIFORNIA, AS PER MAP FiLEO IN 6001C SIDE OF TP. SEEP CRNTON 13 PAGES � AND "6 OF MAPS , INTHE � D. ELEVATION 220.01 ..� OFFICE OF THE COUNTY RECORDER OF 5AID COLIk)TY. ENGINEER'S CERTIFICATE BASIS OF BEARINGS IHEREBY CERTIFY THAT 1 AM n REWTERED CIY1l. BASIS OF BEARINGS 15 THE CENTER LINE OF ENb11WEER OF THE STATE CALIFORNIR, THAT THIS SON)ZISE LANE TAVEN AS NVOO'551 , AS 5HOWN PLAN CONSTITUTING OF 10 SHEETS GO�itECTt'l IIY MB. 39 PAGES It A�110 12TNEREOF) RE(DROS 13F ,. REPRESENTS A TRUE ANII COMPLETE SURVEY OF RECORDS OF RIVERSIDE COUNTY. TNF BDUNDARY SHOWN HEREON MADE TINDER Mff SUPERVISION IN MAY OF 1974. IRVIN H.P,01JSI_LY R 6807 BENCH = MARK~ RIVERSIDE COUNT`[ DESIGNATION ' P.D-9. CNARACTEIz .DF MANIC: I" I.P. IN TYPE 'A' MONUMENT . DETAILED DESCIZIPION : ESTA9- LISUEO BY RIYERSIDE COUNT`l IN 19G3, AT INTERS.ECTIOIV OF FAIP-WAY AND .PORTOLA, CUT"I" 39.44' IN S.F. CORNER OF 12" X IB" CABLE DOX i CUT "7G' 47.23' .T.C.. j CUT"Z" 9,19' ON Sm. SIDE OF STREET SIGN POST , NAIL AND TIN 53.32' FROM P.F. #1= 335%7-S. FOUND 112" i.P. ELEVATIDN'. M.000' S f i i I SHEET--2 0F 10SHEE"iS Iql y CJL'?9T Y Cic t?IV=RSL= •'E' STATE O;:' CALFCPI,,PJA TRACT NO 5357 E0.NG A SL,BDIV:SON OF A. PO;)—;ON OF LCJT <' ',• .s, , ' ; .C_ C,;r FANCRAMA RANCti rani 23/22-23 AND L.QTS 25826 OF F" •'t }SERT FS-,As_-s =� I NO 2 MB 3418-9,SECTION 2;35S i; LZE.1&.1 y _ n,.,•f I ASSOCIATES .A cJ pp14 INDIO.CALIFORNI ~�J0 ' I ENGINEER'S. NOTES: _ r - ,�^'" Z•?I rh,�� I- /.-JUI 15 Q� Bf.ACA165/6 7w9 C64/LA'L:48 O' PUf P. V,, '' l-- I SUNRISE LANE _YAtEN AS Al 4 G' AS SHOWN IN IA.8.» /14 G:S 11 AND 12 r�-n' THAA!EOF,A,KzkY05 OP /FIVE f"5/D5 CdU41Y. t�• r''' 4-s �'' i 2rAOUA 0 MONUMEM75 AS 190TAD 47'ALL 11014T5 SHOWN THUS 4A �;;! T" 1` �•`1 %Y' ,'=? i S. RFCO/D DATA PfE 4EGERf?rCB SYJ-41 TYUS C ] R.-EFfEIVICE PEE All 41/51-33 At-[EFERSmct PEIAU "IIra2 r��` --'------ ,- _ - R,-RE:EEtX(E. PEt Mi 341E-1 QP�J\.� —- \ ---��u�99 IV `S11'S:"t4'f i�51I 4.)fTL210AUCIT).OP 1',1T ALL PAINTS SHIIIA it9S O - G r7''f• t'�'•'^'"'+°r UTILITY fAit.vf r S.A`.010ME:1iS fET Alto TA6bfD Lf A[CDfDAiYCf YR! PFR Ip11R.no Iowa I OROIMAACE 4t.0 �.��r7 ;u•- r n` DATED IId11957 6. TOTAL GROSS ACRE46E 1.874 ACRES Alt 4501,U110110 4905fRUfffS.Rf tu;74lLE0 6 2AI�,9 ,crs3 �' c2s� h. •n ,vy, I i• I AID E1I11195 WtHEAD. Li) IQ 1 ^ I I0 PORTION J �d `� CURVE DATA P. AREA 1.879 a I y a'o , a _ l d. r ACRES ti jW I n ! I 26'?I'45' )t. z I 21'OS'59' I41W,II S'I E%,E.1 ..� - �7-. 't•.,. ..''i .1.1; !8 i z°' �. 2'1P 1f' 4"J.:D'j_ZS.St' ti,ie' S � �� � z V; s. 2'))'24' 13I.h7 ii.t4' p.f+• � L 6 1 92.33'29' 2J' ]1.3L 20.f1' lz {0 O Q I LOT .,C,. �,$ z iZ Z., I Q , U to l B63'57R'E (A89'59'3D'E PEEX.) W TRACT O 1 NO. 5357 Urb p T----a 35 DRIFTV%OOD l ��` ST' ----- ryy.vt,sr.,M '�-7;z)c'msxsa:rle r1 ...,� VICINITY MAP --s-��. ,-,=1.�,_:,.,D CIS'%.'L:,t.;,:,=J� •, .,, �.,.,..�>.,_.�% SHEET 3 O0O Ids CONDOMINIUM PLAN INDEX MAP N 25 35` 1716 15 - 14 12 u h 18 11 in _feet Z .. 19 , TRACT 10 .. O 10 -2 O 20 _ 9. O 5357 cn 21 8 z 22° LOT 1 7 cn w .. � 23 -2..__ -3 _.__._... SHEE.T_ LI._._oF 1.0 SHEETS cIt!5-113 ` CONDOMINIUM PLAN 1 P��ON RR SPV. FLUSR N PER M6$3_ l5t4 tij Lti C) ,P, ? Y- p 0 10 20 30" h 4.0 SCALE IN FEET o DETAIL-FRONT PAT iG l SCALE . f - 10 Z m TYPI(AL LOCATION AND SIZE FOR UNITS {0,12,15,17, 18)Z0, AND 2Z.REVERSED FOR. UNITS Z14)7)9,IIj 14,16, 191 ZI, AND 23 Z Q OL AIR SPACES 1 2 3 4 5 W FINISH FLOORELEV. 226.41' 1 226.41' 226.41' 226.41' 226.41' W Q FRONT PATIO-5EE DETAIL ABOVE-TYPICAL r FRONT-TYP. 1 P fr_1 3P << 4P 8.20' 8 x0'.q Lul- h 8�e' r.20 o 1 0 2 � a 3 . •o0 4oil 5 0.63 o.a3 0.43 0.63 Q No 4.66 /i73+ 73 5P REAR PAT10- TYP. -SHEET rj OF JO SHEE TS N ST59`05"W CON DOM I NIUM PLA N 5PK. ANDTIN DN.3" PER RD. DEPT F8. NOT E5:--- N 4-11-1 / D-8168- RR SPK FLUSH FRONT PATIOS ' .SEE SHEET 5 FOR 5PK. AND TIN FLUSH PER M.f3p-4EibDETAIL 511.E AND. LDCATIDN REAR PATIOS : ALL REAR PATIOS ON TH i S SHEET ARE 8' IN NORT N- 50UTH DIRECTION AND 7' IN EAST- ' .QUEST DIRECTION. lLJ Z 0 10 20 30 �J J SCALE IN FEET w � z (n �` p . C � Q Z U to n AIR SPACES 1 6 7 8 l U (-J FINISH FLOOR ELEV. 224.44' 1 224.44' 1 22444' 1W AIR S CES 21 22 23 —j FINISH FLOOR ELE V. 1, 2 24.84' 1 224.84' 2 24.84' NB9°ss bs"w { ss.Zf hlsq N89'.59 bS"W j� - -- --, N89°59VY . N \ . ` _ 0 � � S.7S` 8 21P —�'�� o o n a$ OW4zs. ; REAR PAT(0= TYP. �, Q (tq s.ZS' 2 2 tl S7S. N S:7S' 2 2 P o. N I— �-- ry qo.o I { 7P �0 40.0` L 3.Zs 23 �7f c� y..s.7s 6 23P az.s• 42.s' 4 NB9 sg'Z/ 6 A1,5 4 'OS SHEET 6 OF 10 SHEETS CONDOMINIUM PLAN ' 8ZOV11 P SPK.ANDTIN DN.3" � PER RD. DEPT FCC. KR Sk FLUSH PER M6 / . . 411-I / D-80- NOTES : N SPK.AND TIN FLUSH FRONT PATIOS : SEE SHEET 5 F0Z DETAIL _ 'SIZE. AND LOCATION REAR PATIOS : ALL REAV PAT105 l I ON THIS SHEET ARE 8' fN NKTH-SOUTH DIRECTION AND 7' IN THE EAST-W EST DIRECTION z 0 10 i 20 30 lam" SCALE IN FEET �4 Z. a � W }� . `(n . z IR SPACES 9 10 11 W �I ]FINISH FLOOR ELEVI 224.41' 1 224.41' 224.41' 4 r Q AIR SPACES 1 18 19 1 20 FINISH FLOG LEV. 224.82' 224.82' 224.82' a ,r N89°s9'OS"cs� No'o0 f REAR PATIO-TYP.m 18 7S' �. a. � ' 11 04 3.IS �u'. • tij o.o' O. 10 _ ,j Q .Q \ !T_ o y� .C2.s' ` ` ILL Q) s ul . ` _ `° ; o. M (� 2 0 �' ` g T S.7S' Q Q. S.7s' !1 N N89 S9'2/ E sis�i' ssii SHEET 7 0FJOSHEETS f I N89'S9OS".iT/ i CONDOMINIUM N -y PLAN . 0 10 20� 30 SCALE IN FEET gRpN1A �;TR _ RR SPK. FLU5H PER MBt3`f5 - _. - NOTES' FRONT PATIOS : SEE SHEET 5 FOR W DETAILS 0E SIZE AND LOCATION.. Q REAR PATIOS: ALL 2EA(1 PATIOS ON —� TI115 S14EET AVE TV IN NORTH - 30111H AND8.0' IN TUE EAST-WEST DIREMON. W (o z 16P 15P 14P 12P 17 P RE A 2 PAT IO-T Y P. f 1 . . 6s sa u s is s9' usy '` - /i.71' //.7S' r'i //.7r �.. �( Lli �V 0.63 o � 17 hy. 16 15 14 . � ` 12 o a 9_21'M-. � S.Li g'2s:h ^Y.2z R22 bs3�' ►� 17P 16P 15P 14P' :F>20NT -TYP- r AI R SPACES 17 16 15 1 14 12 FINISH FLOOR ELEV. 1 222.41' 222.41' 1 222.41' 1 222.41' 1 222.41' . _SHEET 8 OFIOSHEETS is- 4gr7_ .. e� B CONDOMINIUM PL AN h DETAIL SHEET A TYPICAL VEQTICAL LIMITS OF 79 AIR SPACES ABOVE FINIS14 FLOOR ELEV. AS SPOWN ON 8.0 N PLAN. h DISTANCES A) I3j C )- AND D h 10.0 VARY PER SCREDULE BELOW 7.9' �6_r_ ►n TYPICAL VERT I CAL LIMITS ABUE FINISHED FLI0I2- ELEVATIONS FOZ. a h AIQ SPACES 2j4,7j9,If, I4,Ib, I9t21, AND 23, T1 ALSO TYPI CAL VERTICAL LIMITS h �9n 8.0 FOR AIR SPACES m f5i ITj 181 20, AND22 EXCEPT THAT FLOOQ PLAN 15 REVERSED. � r .,_ UNIT DISTANCES IN FEET tt NO. A 6 C D 1 1,11 11,10 11,51 11,13 .20 !ss 10 H.57 11.13 8 8 p 1 10, 15.10 H.57 11.73 I 4 HO 11�.105.10 11.17 13 5 8.20 11. 7 I. 3 t 6 8.24 15,14 lHol 11.77 7 8.24 IS.14• 11.61 11.77 8 8.24 _K.14. 11.b1 11.17 9 8.23 15.13 _ U0 11.7(o N D 10 . 3'23 If 13 11.W 11,7(o 11 8.23. 1 .13 11't60 11.76 12 8.22 ASA 11.j'9 KIN °► 14 8.22 1S.IZ 11.F9. 11.75 ' IS 8.22 If.11 11 9 11.15 No 3.22. 15.12 11.59 11.75 c R 17 o.22 15.1 Z 11.55 11.15 19 5.24 15.14 11.0 .11.77 19 8.24 15.14 11.61 11.77 2U b.24 15.14 .11.bl 11.17 21 5J 77 15.01 .11.54 11.70 '23 S:ll Ro 11:�4 I1;70 SHEE T 9 OF 10 SHEE T S CONDOM I NIUIM PLAN c� _ NOTES AND DEFINITIONS 1. EACH OF THE Al2 5PACES I,Z,3, 4.,5,Ca,73Bj9; 10) Ihl2, 141 15)16) 17) 18) 19)20)21,22, 623, INCLUSIVE , IS A UNIT WITHIN AN EXISTING BUILDING LOCATED ON LOT I OF TRAft 5357. THE BOUND991ES OF EACH SUCH UNIT ARE THE INTE9102 FINISHED SURFACES 0V TIDE PERIMETER WALLS i FLOGRS) -CEILING5 ) WINDOWS i AND DODOS THEREOF AND EACH UNIT INCLUDES THE SURFACES SO DESCRIBED i' THE PORTIONS OF T14E BUILDING AND IMPROVEMENTS LYING WITHIN SAID BOUND .RIES C EXCEPT AT NOTED BELOW-3 AND THE AIR SPACES SO ENCOMPASSED. 2.THE FOLLOWING SIZE NOT' A PAffOFA UNIT: BEARING WALLS , COLUMNS VEETICAL. SUPPORT5 i HOR.I'LONTAL SUPPORTS ) FLOOQt ) RDOFS , FOUNDAlIGNS.) BEAI j CHIMNEYS ' AND FENCES i CENTRAL SERVICES, PIPES ) DUCTS , FLUES, ;W11zE5� AND OTHER UTILITY INSTALLATIONS , WHEREVER LOCATED, EXCEPT THE . OUTLET THEREOF WHEN LOCATED WITHIN A UINT. 3. THE "COMmUIU AREA''. IS ALL TILE LAND AND REAL .PROPERTN ' INCLUDED WITHIN THE BOUNDAIZY LINES OF THIS PROJECT EXCEPT THOSE. PORTIONS SHOWN A-ND DEFINED -.HEREIN AS UNITS I -THROUGH 12 , INCLUSIVE, AAID 14 THROUGH 23INCL— �-USIVE J W-1-11-1N AlE -SUBDIVISIONS OF -AIR. 5PACE . 7 ALL AIR. SPACE BOUNDAPV LINES INTERSECT AT RIGHT ANGLE5j UiVLESS l 'OTER.WIS E NOTED. 5. "EXCLUSIVE USE AREAS " ARE, THOSE PORTIONS OF THE LAND AND REAL fPROPERTY SHOWN AND DESCRIBED HEREON AS "PATIOS " AND DESIGNATED BY THE 5YMBOL ."P" TOGETHEIZ VVITN THE NUM13EIZ C-DRRES PONDING :TOTK NUMBER OF THE UNIT .IMMEDI.ATELY ADJACENT THERETO . _ SHEE_T 1-QOF 1LO__SHEE_T.S I - 07/18/75 CITY OF PALM DESERT STAFF REPORT To: CITY COUNCIL Ap,;I icant:, Home Business Development Company `:Case No. : TRACT 5357 -I. REQUEST: That the City Council approve the final map for Tract 5357 and accept the offers of dedication, approve the agreements, approve and accept the bonds, approve and accept the title company's check; and authorize the City Clerk to sign the agreements and the map. II. RECOMMENDATION: Approve the request as presented by Resolution No. 75-69 III. JUSTIFICATION: 1 . The project conforms to the requirements of the Tentative Map. 2. The bonds are adequate and valid. 3. The applicant has met all necessary requirements for the approval of a final map. III. BACKGROUND: Location: Southwest corner of the intersection of Deep Canyon Road and Abronia Trail having the street address of 45-301 Deep Canyon Road. (See map) Size: 1 .81 acres Existing Roads: Sunrise Lane, Abronia Trail , & Deep Canyon Road Existing Land Use: 22 unit apartment (12.1 du/acre density) Surrounding Land Use: Apartments, condominiums and motels Existing Zoning: R-3-4000 Surrounding Zoning: R-3-4000 and R-3** General Plan Elements: The General Plan indicates the vicinity as medium density residential with 5-7 du/acre Previous Actions: CUP-13-74PD was approved by the City Council on June 13, 1974 to permit the conversion of the existing apartments to condominiums. Tentative Tract 5357 was approved by the City Council August 22, 1974. Also a one year time extension was approved June 12, 1975. Agency Recommendations: County Road Dept. - Approve County Health Dept. - No comments CVCWD - No objections Fire Protection - No comments Environmental Assessment: The environmental impacts were evaluated as a part of the consideration of the CUP and a negative declaration was completed. No further environmental considerations are required. Or `ICE OI ROAD COMMISSIONERfi COUNTY SURVEYOR v a B. DOUGLAS POWELL ROOM 160. HALL OF RECORDS BUILDING ROAD COMMISSIONER 6 COUNTY SURVEYOR MAILING ADDRESS: P.O. BOX logo RIVERSIDE. CALIFORNIA 92502 TELEPHONE (714) 787-6554 July 16, 1975 City Council City of Palm Desert 73-021 El Paseo Palm Desert, CA 92260 Attention: Mr. Harvey L. Hurlburt - City Manager Re: Tract 5357 Gentlemen: Submitted is the final map of Tract 5357 along with the agreements and bonds. The developer wishes to enter into the following agreements for the installation of: 1.- Streets and drainage in the amount of $5,000. 2. Water system in the amount of $20,000. (Water is to be supplied by Coachella Valley County Water District. ) 3. Sewer system in the amount of $15,500. (Service to be provided by Coachella Valley County Water District. ) The above improvements are covered by Bond No. YS746-5684 in the amount of $40,500. 4. Survey monuments in the amount of $500, accompanied by Check No. 1506549 issued by Safeco Title Insurance Company. Also attached is Bond No. YS746-5684 in the amount of $40,500 to cover materials and labor. To guarantee the payment of taxes, attached is Bond No. YS746 5685 in the amount of $21 ,000. The above referenced bonds are issued by Industrial Indemnity Company. The Honorable Board of Supervisors - 2 - July 16, 1975 Re: Tract 5357 It is RECOMMENDED that your Council approve the final map and accept the offers of dedication made thereon, approve the agreements, approve and accept the bonds, approve and accept the title company's check and authorize the City Clerk to sign the agreements and map. Please return the original along with a recording copy of the map- to this office. Respectfully submitted, eaP Doug owell City Engineer LOF:BDP:mfg Submittals: Final Map Agreements Bond Safeco Title Insurance Company Check cc/ Bob Brock ADDENDUM TO AGREEMENTS Everywhere the words "COUNTY OF RIVERSIDE" appear, on the attached agreements, by this addendum it shall , in fact, mean "CITY OF PALM DESERT". Everywhere the words "BOARD OF SUPERVISORS" appear, on the attached agreements, by this addendum, it shall , in fact, mean "CITY COUNCIL". Everywhere the words "COUNTY SURVEYOR" appear, on the attached agreements, by this addendum, it shall , in fact, mean "CITY ENGINEER". 1'1?3 1506549 aea rreo S AT-EE(C �.� '�'C"3 P F- 0EMSU�t,rR122.CM C®�tC�'f��� Dn1E 7-15 -75 HOME OFFICE P.O. BOX 7741 • PANORAMA CITY,CALIFOR141A 91409 ..w,;\,.`a `'2:< ;� •"•,::' i t`� `:.� t:: -;b. icy. r,�3, TO THE ORDER OF 1 - ': , .. DISBURSEMENT ACCOUNT City of Palm Desert .' HOT GOOD FOR MORE THAN 510,000 - BANK OF AMERICA WILSHIRE CENiCR BRANCH LOS ANGELES. CALIFORNIAy. i►' 1 SOP, 549iie 1: 1223-0291': 0 31, 7 6--100 1 2 311' -(Ca TUTLIM INSURANCE c(off"WIPANY SAFFE HOME OFFICE • PANORAMA CITY, CALIFORNIA DATE NUMBER DESCRIPTION ACCOUNT AMOUNT 422731-6 advance on monument Security Tract 5357 �+ E PLEASE DETACH BEFORE DEPOSITING OL ,: M A T 1! H I A t. b 1. A 11 0 R U 0 N D Cianht.y of Rlversido Santo of Calitul'nla (t:ovrrua,ent Code 116(,499.2) F011a Ftreetn and Dralnni;c $ 5.000.00 TRACT NO. 5357 Rnter Syutr•m - $-2V(f F.-01 PARCEL MAP NO. Sewer Syxtem - $73 i00.Do RONO NO. 77i�=57fi� 1'k1:MlUN ,l +'i�,do�l-T1-1 'T r7I7F-mace and • Bonding Company INDUSTRIAL INDFMN19Y COMPANY Addreaa 32iS 'amino Jel Rio, South City --3n11 Diego,is 9:138 4Ttereas, The Board of Supervisorn of the County of Rtvcrsidc, State of California, and _110MV MISINESS DEVEIAIPMENT CORCORa'fjQN (hereinafter designated as "principal") have catered Into an agreement whereby principal agrees to install and complete certain designated public improvements, which said ngrce- mmt, dated _ , 19_, and idea Ufled as project (Tract, parcel) Hap No. , is hereby referred to and made a part hereof; slid Microns, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the County of Riverside to secure tlhe claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the County of Riverside and all contractors, subconi.ractors, laborers, material- men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code. of Civil Procedure in the sun of FORTY THOUSIM, FIVE HUNDRED AND NO/100 dollars ($40.500.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the anount hereinabove sct forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by county in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall . in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof. this instrument has been duly executed by the principal and surety above named, on July 14 NAME OF PRINCIPAL: OME BUSI,,NESSS__DEVELOPMENT CORPORATION AUTHORIZED SICNATURE(S): BY VLX`s' fit� James Womack TITLE: Assistant Vice President (IF CORPORATION, AFFIX SEAL) 'NAME OF SURETY: INDUSTRIAL INDEMNITY COMPANY - - AUTHORIZED SIGNATURE: BY P. A k ITS ATTORNEY-IN-FACT (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOUTLEDGMENT OF SIGNATURE OF ATTOP4EY-IN-FACT ' State of • CALIFORNIA ] on July 14, 1975 before me,the undersigned, }County of SAN DIEGO Is. .a Notary Public of said county and state,personally appeared ) P. A. BARAE known to me to be the Attorney-in-Fact of INDUSTRIAL INDMNITY COMPANY the Corporation that executed the within instrument,and known ( to me to be the pervtn who executed the said instrument on behalf of the G,rp,ratiun therein named,and acknowledged to me that such 0apora&,n executed the same. MU AR U lr State of California ) On July 14, 1975 bpl'ore me, the undersigned. as. a Notary Public of said county and state, personally ) apft,:ared Jam•:'H Womack County of San Diego ) known to me to he the Assistant Vicc l'revident of Borne litmincss Development Corprtration, the Corporstti,tn that executed the: whin instrument, and known to me to b+:the p,:rson whet,•xxeuted the said instrutr !r!m!! instrurrh,rnt on 1":half of the Coriy,ration th,:rcin name!l y.. ChIN4: W. COKCR and acknowir-dgrd 1„art: that suit Corlytratiun er.eruted ) thp'Hartle. 1 M,11r,I.fq lc-CA."Q ats A!.. N,.Lar y I•.d.r. F A I T 11 F U 1, P 1: It F O It ?I A N C 1: 11 0 H It C.ounly of RlveINIdo I;Iate of CalifohnlA (Coverunu•ut. Code g66499.1) FORT Struts And Draivage $5,000.00 TRACT NO. 5957 Willer Syntem - $10�1100.00� PARCEL RAP NO. —_-- Sewer Syntem - $lS,SdP.b(5— BOND NO. 1'574o-SbR4 )bnumenta - $ ill riamilltl Bonding Company _ INDUSTRIAL INUI-KNIIY COIWANY AdJi'Csn -� �3Ti`.irm ran ,rT Rua,K,_ Clty _'SarilBri:o_-' 13C---- itbervnR, The Board of Supervisors of the County of Riverside, State of California, and HOME 1111S1\IiSS Drvr.1.01?IF:1'1• Crn;l_oRAIIC (hcretA:uter deslgua u•J As "principal") have entered into an ai••reement whereby principal agrees to install and complete certain designnted public lmprovenrmts, which said Agree- mcnt, dated , 19 , And Identified As project (Tract, Parcel) Map No. , SR hereby referred to And made a part hereof; and 1.9h6rens, Said principal is required under the terms of said agreement to furnish o bond for the faithful performance of said agreement. Now, therefore, wo, the principal and INDUSTRIAL 7N'DEMNlIY C0MP.4NY as surety, are held and firmly bound unto the County of Riverside, in the penal sum of FORTY T110USAND, FIVE. IRrNDRED A.\D NO/100 - - - - -dollars ($40,500.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind our- selves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, sluall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in I the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Riverside, its officers, agents and employees, as therein stipulated, then - this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and-fees, including reason- able attorney's fees, incurred by county in successfully enforcing such obligation, all .to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,. and It does hereby valve notice of any such change, extension of time, alteration or addi- tion to the terms of the agreement or to the work or to the specifications. When the work covered by the Agreement is complete, the Board of Supervisors of the County of Riverside will accept the work and thereupon the amount of the obligation of this bond Is reduced by 751 with the remaining ZSZ being security for a one year guarantee period provided for in the Agreement. In witness whereof, this instrument has been duly executed by the principal and surety: above named, on July 14 , 19 75 - NAME OF PRINCIPAL: ME BUSINESS DEVELOPMENT CORPORATION AUTHORIZED SIGNATURE(S): BY ames Womack TITLE: Assistant Vice President (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: INDUSTRIAL INDE`NITY COMPA'QY AUTHORIZED SIGNATURE: BY � P. A. Barak - i _ r State of California On Julq 14, 1975 —,before me,the undersigned, ts. .a Notary Public of said county and state,personally appeared County of San Diego . P. A Barak known to me to be the Atu,mey-in-Fact of Indm trial Indemnity Company omaµ Rµ the Corporation that executed the within instrument,and known .. tx'r'•hs C.PIK)L to me to be the pervon who executed the said instrument on Ss' Arl.',oil„uw behalf of the C.r ration therein named,and aeLnowled ed to r.,, P'• g\ a r.c on�u,w weco caw.rr me that wt3h Corporation executed the same. __ �~-•-r Io.tar !,.(�f�� C-�t� . - eaoSwTir�iT State of California I On July 14, 1975 before me, the undersigned, 1 as. a Notary Public of tsaid county and state, personally 1 appeared James Wornark known to me to be the Assistant Viet )'resident of Ilome fluidness Development County of San Diego ) Corporation, the Corfx,ration that executed the within instrument, anti known to me to be the person who executed the silid inslrumi:nt on ixohaIf of tic Corporation lh.erc:in nansr:d, and ai.-knu•.rlcdgi!d to rite that auU, N✓.runNttvrvrrvriv;wfaxry Coryhro'aton executed the same. Sx fhrjr?HI*; W. COKER * •�^�' warn nAe tt-Urtn»'•.+ /J/yA «- . .,L../a.It.I", N.,L•u•y 1'uhli•: ;v,rwyrrywwrx..rrrr� � Prrmiaml $:10.00 BOND FOR PAYItiNI OF TAKES IN SUltl)lvISIOf! OF LAND BOND NOI YS746 56S5 KNON ALL MN BY THESE PRE.5ENIS I THAT 66 NANE BIIS1Nh:S DEVELOPMENT CORPORATION 66 Principal_, and IND:STRIAI. I"'MMITY COMPASY an Surety, are held and firmly bound unto the County of Riverside, State of California, in the penal sum of TWENTY ONE TBOUSAND AND NO/100--- ------------------------------------------($ 21,000.00 for the payment of which sum, well and truly to be made, we bind ourselves, our hairs, executors, successors and assigns, Jointly and severally by these presents: THE CONDITION of the above obligation is such that whereas, the said NO)—_ BUSINESS DEVELOPMENT CORPORATION the owner_ of a tract of land representing a certain subdivision of real estate, to-wit: No. 5357 , intent s to file a map thereof with the County Recorder of Riverside County; AND HEBREAS, the provisions of the State law require that this Bond be filed with the Board of Supervisors of said County. NOW, THEREFORE, if the said principal shall pay, or cause to be paid, when due, all taxes, and all special assessments collected like taxes, which at the time of filing said map, are a lien against such subdivision, or any part thereof, but not yet payable, then this obligation shall cease and be void, otherwise, it shall remain in full force and effect. IN WITNESS WHT..REOF, said Principal and said Surety have hereunto set their hands and seals this 14th day of July 19 75 HOME BUSINESS DEVELOPMENT CORPORATION4 BY: Tin s ,:� u• � � ni I1MUS P.L INDEWITY COMPANY Staten California On July 14. 1975 f ) ,before me,the undersigned, ss. .a Notary Public of said county and state,personalty appeared County of San Diego ) P. A Barak known to me to he the AtIorneyin•Fact of Industrial Indemnity Company ornoAt a.t the Corporation that executed the within instrument,and knuwn tN)"IS r- 11,0E to me to be the peason who executed the said instrument tinnn'-�c•t•u,oenA "„!f ►n:r.AL of"",,, behalf of the Ci,rpuration therein named,and acknowledged to J=� s..r mrii cc,-" me me that such Curpurati. executed the same. • r .w+r it.ton At -- �- NO—Ay IusLe State of California ,) On .July 14. 1975 before me, the undersigned, a l:otary Public of Taid county and state, personally Be. appeared James Womack known to me to be the Assistant Vice President of Ifome County of San r)irgol liusiness UevtA1) rnt:nl Corp oration,fwration, the Corporation Ula exr:cuted the within instrument, and known in me:to br: Lf rr:rson who executU:d Ulu said inatrunlunt on behalf of Ulu i1vy6NNvwr�i� Curp.lrnli,ln therein named, and acknowledged In nit! pr,itR15 W,•COWIR that such (:orpnrati„n r•xxc.-,,{ute:d Ulf! arLrne. ( Ne11,a/YIta 1t Wnrya Y 1 XiIIA•INiIV✓M i\'.t:,r-y 1•ol,li7 i D AND KYSER CONSTRUCTION CO. General Engineering Contractors OFFICE (714)343.3618 P. O. BOX .458 RES. (714)346-6920 THOUSAND PALMS, CALIFORNIA 92276 RES. p14)347.0394 November 19, 1975 Home Business Development Co. 701 Broadway R C^A_` '' San Diego, Calif. 92101 V � �t ti��E, 7._ AC Attn: Mr. Fred Lonsdale Y ^ D C Dear Fred: I would like to submit to you a list of extra charges required to complete the project at Deep Canyon and Abronia, P«lm Desert. These extras were required by the City of Palm Desert and the. Riverside County Road Department to bring the project to City and County standards, The first extra incurred was to secure permits and plans which was billed on September 12, 1975, invoice # 0174. Also on that invoice were the charges for compaction test. These charges are normal. However, Addendum I, dated September 4, 1975 was an oversight. This was to install a cross--gutter and AC paving. The cost of this addendum was $4,480.55. The proposal has the break- down of items, The second extra was to remove and replace an 8' wide section of. street on Sunrise Lane.' This was required to keep the proper pitch from the lip of the new curb and gutter to the existing paved street. Our extra work order is # 226 for $750.00 On extra work order # 227 we have billed for the installation of two--way house clean-outs which the city required. This billing was for $1,910.23. Addendum # I $ 4,480.55 W.O. # 226 750.00 W.O. # 227 1,9 0.23 $ ?1___40.7^_8_ If you have any questions concerning the extra work charges, please contact us. Yours very truly, ALLRED AND KYSER CONSTRUCTION CO. G. L.,4ayler, Sec'y/Treas. GLG/ak I.H. H. cl-I-7 S SUBJE -F - 57 SHEET NO..:..........OF....,.. .-...... a ........................DATE............ CT_:T.R)��7 f-1.) 11%.......... Y...... .. ...................................... -Vi SIGN ry 0. 1 :3 No..jor C 7/1 CrIIKD. BY................DATE............_......... ..............................................................—......... .......T................. ................ SIACIGT 10FCo ...................................................................... .......................................................................................................... ...........................................-------- NOfZTH SCALE . lll=ZO' X-SECTION 5.HALL BLEND DEEP CAN-YON ROAD WITH EX, SECTIONS i0 PAVI N5 REMOVAL Lit-AFF NORTH AND Q0L)TK 3AP) LV-r Y110 SELTIDN LINE -7- 'l.k E G 7G.F. Z- P.L. x's W. E C/— FRFECT v ti B G COUTRUCTIDN NOTES OREMOVE C AND 6 FROM EL.TD BC, ,1 O EYCAVATION C(NCLUOHNG, A.(. D 11VOI-CATES EK. OADJUST 6-V. AS APPEOVEO BY ELEVATIONS `THE C,V. C. W . D, IN5TALL 3"A.C. C- STWU . SECTLN BASED UPON SOILTEST) INSTALL SPANDREL AND W. E.P. GUTTEK PEV- STD'S. NO- 200 AND 2-ID INSTALL TYPED` CURB PE2 STD. 204 'VVITR (-)" C.F- CENTER LINE CONTROL TO 13E 1 3�6 WEPADVED AND REPLACED AS DEFE2- -IRVIN W. HIMLEt -PEE I(oBD-7 I INTE-0 E Y (?IV. CD. Q 1)� 0 E PT. --2 ALL WOWK S14AI-L BE PO-NE IN A(W[IDAWE A PP04 M -E 0 13 -R,20 L I L ec' & /C/,�Z JI'TA S16NED IMPR. PLANS FDQ TIZALT 5357. 11 TY -PI). -DEPT.P-IV. (-ovN Home Business Development Corporation J1701 Broadway P.O. Box 1829 San Diego, California 92112 714-238-7805 J l.��iR 2 1976 March 1, 1976 R U.l DESERT CITY HALL Mr. Harvey L. Hurlburt, City Manager City of Palm Desert P. O. Box 1648 Palm Desert, California 92260 Re: Tract 5357 - Whispering Sands Condominium Dear Sir: On August 28, 1975 we discussed a drainage problem at the corner of Abronia Street and Deep Canyon Road. At that time you agreed that the City of Palm Desert would pay one-half the cost to a max- imum of approximately $1, 545. 00. The work as requested by the City has now been completed. Attached are copies of contract for the work performed. Please make payment as soon as possible. We have also completed all the requirements of Tract 5357; and I request a resolution of the City be passed acknowledging completion } of the requirements so that Home Business may obtain satisfaction of the bonding agreements entered into with the County of Riverside. Enclosed is the Resolution of Coachella Valley County Water District accepting sewer an D. CITY OF PALN1 DUERT P.o.tt Tftgi�k -oCC-V6 1 t $l f y)u.mm;�oo eration on the above matters. Yours truly, �dtivt� es Womack, A°FACTT FDR PAY A7_fdr. ATT EST TOTHE Pro ect Mana er FACT THAT GOODS 1NERE RECEIVED IN J g GM0 CONDMON AUD/DR THAT S�EFMCES R NID-a!!ED 4EW lS PER AGPEE&MUr JW:rrAWROVED Fa?PAYMEW E-C f 45-24PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 March 9, 1976 Lee Flint City Surveyor's Office P. 0. Box 1090 Riverside, California 92502 Dear Lee: Attached are two letters, one from Coachella Valley County Water District and the other from Home Business Development Corporation. Please process the second paragraph in the letter from Home Business Development Corporation. Thank you for your assistance in the above matter. Very truly yours, PAUL A. WILLIAMS DIRECTOR OF ENVIRONMENTAL SERVICES PAW/mkj Attachments (as noted) i INTEROFFICE MEMORANDUM City of Palm Desert TO: Paul Byers FROM: Paul Williams SUBJECT: Payment to Home Business Development DATE: April 1, 1976 Pursuant to Council Action of August 28, 1975 I have been in discussion with representatives of the Whispering Sands Condominium Tract Number 5357 .regarding the City's participation in the construction of the cross-gutter across Abronia Trail . He has indicated to me that the check that was previously sent to him in the amount of $1,189.65 does not conform to his memory as to the agreement between himself and the City Manager. I do now agree with his opinion and do hereby officially request that a check be forwarded to Mr. Wolmack at Post Office Box 1829, San Diego, California .92112 (Home Business Develop- ment Corporation) in the amount of $410.35. This totals the .amount agreed upon of the maximum of $1,600 pursuant to the Council , action. I would appreciate expediting this matter as quickly as possible. INTEROFFICE MEMORANDUM City of Palm Desert TO: Sam Freed FROM: Dave Erwin SUBJECT: Whispering Sands Condominium Conversion DATE: April 19, 1976 9 I have reviewed all of these documents and although they appear in order, I feel we should check our procedure so that we review these and approve them prior to their being recorded. It appears these were recorded sometime last fall and I think we should see them before they are recorded. Yours e - tru y, ERWIN DJE:pc Al j'l e l'i 6`�. a 45-275 PRICKLY PEAR LANE, PALIA DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 April 9, 1976 Mr. Dave Erwin City Attorney 81-711 Highway 111 ti . Indio, California 92201 Dear Dave: These are the C.C.& R's. for. the Whispering Sands Condominium Conversion Project on Deep Canyon Road, Case Number TRACT 5357/ C.U.P. 13074. Please review and return at your earliest. convenierice. 'Sincerely, Sam Freed, Assistant Planner SF/mj Enclosures (as noted) FROM TO SUBJECT: DATE: PLEASE REPLY TO SIGNED r s" DATE SIGNED SEND GREENTINT AND PINK COPIES WITH CARBONS INTACT. PINK COPY IS RETURNED WITH REPLY. RETURN TO SENDER - 1 e. ..4 [TV COUNTY A,.,; ' OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR RIVER SIDE, az B. OOUGLAS POWELL Ellk1���® COUNTY ADMINISTRATIVE CENTER TiQ MAILING ADDRESS: P.O. BOX 1090 ROAD COMMISSIONER & COUNTY SURVEYOR RIVERSIDE, CALIFORNIA 92502 TELEPHONE (714) 787-6554 P1+ 1 2 !g 1970 SIER Ps March'.23, 1976 City of Palm Desert 457!.27.5.-P:_ri-cLI.y�Pear-=:L-ane-:= Palm Desert, California 92260 Attention: Mr. Paul Williams Re: Tract 5357 Gentlemen: Please be advised that th..Ts-- office has received the Completion Notice from our Construction Department and the bonds for the streets, 'water and sewW maybe released. Please advise"'this office when your City Council acts on this matter. Very truly yours, B. Douglas Powell Road Commissioner and County Surveyor Lee 0. Flint Assistant Subdivision Engineer LOF:dm cc: Home Business Development Corp. E C.oukrr ESTABLISHED IN 1918 AS A PUBLIC / Cy '01S T RIG' COACHELLA VALLEY COUNTY WATER DISTRICT POST OFFICE BOX 1058 COACHELLA, CALIFORNIA 92236 • TELEPHONE(714) 398-2651 DIkr,CTORS OFFICERS LEON KENNEDY,PRESIDENT. LOWELL O. WEEKS,GENERAL MANAGER-CHIEF ENGINEER RAYMOND R. RUMMONDS,VICE-PRESIDENT OLE J. NORDLAND, SECRETARY GEORGE H.LEACH - WALTER R.WRIGHT,AUDITOR C.J FROST REDWINE AND SHERRILL. ATTORNEYS WILLIAM B.GARDNER _ January 26, 1976 BAN 2 7' 176 Home Business Development Corporation Post Office Box 1829 NAME CAPITAL CORP.` San Diego, California .92112 .,, Attention: Mr. James Womack Gentlemen: Enclosed is a certified copy of Resolution NO. 76-5 adopted by the.. Board of Directors of this District on January 13, 1976, accepting the domestic water and sanitation" facilities for Tract 5357- to be held, controlled, managed, operated and maintained by .the Coachella Valley County Water District. . Yours v truly, Ole J. Nordland Secretary mah Enclosure RESOLUTION N0. 7'-- :0 A RESOL;!1IO"; OF THL Cl '', COUNCIL OF THE' CITY OF PALM I CS(-1?T, C/,L.IFQRfdIl1, /v.,.c ,TIi,lG TIIE NOTICE OF C0111'LEl IOPI GIV TI M'i f,O. 5357 AND APPROVING THE RELEASE OF BONDS. CASE NO. TRACE NO. 5357 ..- NIHEREAS, a final subdivision map of Tract No. 5357 was approved and completed for property located wilthin the City of Palm Desert, California, which complies with the requirements of Ordinance Nlo. 1 of the City of Palm Desert, California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ,of Palm Desert,- California as follows: 1. That the Notice of Completion of Tract No. 5357 in the City of Palm Desert, California, is hereby accepted. 2. That the. certain agreement respecting the improvement of streets and drainage and surety bonds for the .faithful performance of said agreement, in the sum of $5,000, and surety bond in the sum of $5,000 securing payment to contractor, his subcontractors and to persons renting equipment or furnishing labor or materials, are hereby released. (Bond No. YS746-5684) 3. That certain agreement relating to the extension of sewer and water lines, and surety bond for the faithful performance of said agreement in the sum of $35,500, and surety bond in the sum of $35,500 securing payment to contractor, his subcontractors, and to persons renting equipment or furnishing . labor or raterials, are hereby released. 4. That the certain agreement respecting the overall performance and surety bonds for the faithful performance of said agreement in the sum of $40,500 and surety bond in the sum of $40,500 securing paymnet, are hereby released. (Case No. YS746-5684. PASSED , APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, this 8th day of April , 1976, by the following vote: AYES: NOES: ABSENT: ABSTAIN: NOEL J. BRUSH, MAJOR ATTEST: HARVEY L. HURLBURT, City Clcrk City of Palm Desert, California City of Palm Desert STAFF REPORT To: City Council Report On: Request for Release of Improvement Bonds on Final Map -5357 Applicant: HOME BUSINESS DEVELOPMENT CORPORATION Case No. : TT 5357 (Whispering Sands) REQUEST: That the City Council authorize the release of bonds for streets, water & sewer totaling $40,500, covered by Bond No. YS746-5684 issued by Industrial Indemnity Company. RECOMMENDATION: By City Council ! Resolution No. 76- 50 , authorize Riverside County Road Department to release Bond No. Y8746-5684 relating to Tract 5357. BACKGROUND: Location: Southwest corner of the intersection of Deep Canyon Road and Abronia Trail having the street address of 45-301 Deep Canyon Road. Size: 1.81 acres Existing Roads: Sunrise Lane, Abronia Trail & Deep Canyon Road Existing Land Use: 22-unit condominium (12.1 du/acre density) Surrounding Land Use: Apartments, condominiums and motels Existing Zoning: R-3-4000 Surrounding Zoning: R-3-4000 and R-3** General Plan Elements: The General Plan indicated the vicinity as medium density residential with 5-7 du/,ac,re. Previous Actions: CUP-13-74PD was approved by the City Council on June 13, 1974 to permit the conversion of the existing .apartments to condominiums. Tentative Tract 5357 was approved by the City Council on August 22, 1974. Also a one year time extension was approved June 12, 1975. The Final Map was approved on June 12, 1975. DISUCSSION: This request for the release of bonds is a normal action involved in the development process. Upon the completion of construction of a subdivision, the County Construction Department prepares a Notice of Completion recommending the release of security bonds. (See attached letter. ) RESOLUT IOI4 OF THE 130ARD OF D i RECTORS OF COACHELLA VALLEY COUNTY WATER DISTRICT 1 RESOLUTION NO. 76-5 2 BE IT RESOLVED by the Board of Directors of the Coachella. Valley County 3 Water District assembled in regular meeting this l3th day of January, 1976, 4 that the domestic water and sanitation facilities for Tract 5357, Home 5 Business Development Corp. , having been completed in accordance with plans and 6 specifications approved by the District, the Coachella Valley County Water 7 District hereby accepts said domestic water and sanitation system to be held, 8 controlled, managed, operated and maintained by said District. 10 11 1? - 13 - 14 16 17 18 19 STATE OF CALIFORNIA ) COACHELLA VALLEY COUNTY WATER DISTRICT ) ss. 20. OFFICE OF THE. SECRETARY ) . 21 I , OLE J. NORDLAND, Secretary of the Board of Directors of Coachella 22 Valley County Water District DO HEREBY CERTIFY that the foregoing is a full , 23 true and correct copy of Resolution No. 76- 5 adopted by the Board of Directors 24 of said District at a regular meeting thereof duly held and convened on the 25 13th day of January, 1976, at which meeting all members of said Board were 26 present and acting throughout. 27 Dated this 13th day of January, 1976. 28 29 +, eci-eta.,ry..\of--c-oa-cie-i-i-a—V illey County Water District and of the Board of 30 Directors thereof. 31 32 ;�, ALLRED ANC, MOYSER CONSTRUCTIQN COMPANY General Engineering Contractors 27-500 SIERRA DEL SOL P. O. BOX 458 THOUSAND PALMS, CALIFORNIA 92276 Phone (714) 343-3618 Contractor License No.270206 Proposeal and Cant.ract No.75-538-1) - Adde"dula i PROPOSAL SUBMITTED TO: PNO?�, r.� r DATE; tip:. 0/ 3e o emcler 4 1'=?7 NAME: PROJECT: Home Business Developiaent Corp. Cross Qutter ADDRESS: LOCATION: 701. Broa-ftway DeeD Canyon, ?aim Desert, Calif, CITY AND STATE: OWNER: DATE OF LANS: 5aa Die—gp, Calif.. 92101 Horne Business Develo anent Cor.p1 j75 ATTENTION: PROJECT PLANS--•NO. AND TITLE: V red Lonsdale M E - ReVIS1011 ru 4,.... - l 249 _ We hereby propose to furnish the necessary equipment,labor and materials required to perform the above-referenced project. �., As �alt -removed 3.635 Sq, .�t, @ 0.30 p /0 70 :��iral_t replacement 3r335 Sq, Ft, .1+5 /dGo•74 3, Curb i, gutter removal & repla.cement 35 Lin, Ft, @ 10.00 .��o-n-�= . Game valve to be set to grade .1 on1Sr C 50,00 --0 j. Concrete cross gutter & spandral 710 Sq, , Ft, ( 1.83 /a 99.•.B O xcavation 100 CY @ 1,90 / 9c -6-t, ✓" 4.480.55 GENERAL TERMS AND CONDITIONS 1. Buyer agrees to give written notice of any shortage or defect within five days after delivery of material or within five days after the completion of the contract if for both labor and material, and no claims will be allowed thereafter. No allowance will be made for labor,' materials, repairs or alterations without our written consent. " 2. Delivery of material will be made at the curb unless otherwise ordered, and then only to a point accessible to our truck. In the event of delivery beyond the curbline, this company will not assume liability for damage to sidewalks, driveways, or other property and buyer will indemnify seller for any loss or liability incurred as a result of such delivery. 3. Buyer agrees to obtain and pay for all permits, inspection fees,engineering, soil and compaction tests as required, unless specifically stated otherwise. 4. Buyer agrees to furnish and pay for all water applied by Contractor in the performance of the work covered by this agreement. 5. This agreement is subject to contingencies of manufacture, strikes, fires, embargoes, regulations by government, delays in transit due to breakdown, and to any other contingencies beyond our control. . 6. Allred and Kyser will not be responsible for relocation or alteration of existing utilities,damage to underground pipelines, wiring, etc.. When surface called for is three inches or less in thickness, we assume no responsibility for damage to the.surfacing because of Bermuda. Grass or other vegetable growth. 7. The above prices include only the items listed. Any additional work or materials required to complete the contract or requested by the buyer,shall be considered EXTRA WORK and shall be paid for at Allred and Kyser's current equipment and labor rates.Outside purchases and or services shall. be charged at cost plus twenty five per cent (25%), and shall be subject to,all terms of this contract. S. Any damages to the improvements constructed by us under this contract, which might result from wind, weather, operations-of others or other means beyond our control, will be repaired by others at no cost to us. Any repair work performed by us will be charged in accordance with paragraph seven (7) herein above. 9. At our option, this proposal shall become null and void if written acceptance and notice to proceed is not received within fifteen (15)days. 10a. Terms of Payment: CASK UPON COMPLETION. Whenever work extends beyond one month, progress payments shall be due and payable on the first day of the month for the total amount of labor, equipment and materials furnished for the preceding month, with final payment being due and payable upon completion of work by Allred and Kyser. 10b. As to installment accounts,buyer agrees to pay a service charge of Ilh90 per month or 18% per annum, all other contracts or accounts to bear interest et 118% per annum,each being on the delinquent unpaid balance.In event of suit,prevailing party shall be entitled to reasonable attorney fees. Reference is made to the Materialman's Lien Law, "California Code of Civil Procedure, Section 1181. eL seq." 11. If payments are not made on time, TIME BEING OF THE ESSENCE, contractor may cease further performance. ACCEPTED FOR BUYER ALLRED AND KYSER CONSTRUCTION COMPANY By__2�5; �� Submitted By Title e Jam^~ Date-2- S"7 s Approved By- Date 'I:r1�Sec`y�I'reas- 9_/4/75 When signed by the Buyer and approved by a Managing officer of this Company, this will constitute a firm contract between both parties, hereto, for all labor and for all materials herein referred to, according to terms and conditions. BUYER'S COPY Nt Perrnit '��o, NOTICE 'The C-Ity En.girj.eer, City of i -,n Deep Canvon Road Perrailt. Section shali he. 'F_3Y e 61' 56 je f nCll�ified I at 'Least 48 hours )�,-ior t?I . i G RBPg. 1121, any-Construction. III Lelephonte: 347-8511. E 267 �AA Permit Section is not notif ie d any work performed is subject to Er-irnediate ren-ioval. REUIM V L; C on ID E CITY OF' PALM DIIESERT AUG 15 1975 STfiTE Or, CAL1t:,1C)_',_)1,TTA (_`YL'[`Y STREET DF CRY C* FMM OE&MjL'�"S PAR T 1VI I�N`17 ENCR.01-'�CNHMENT PERNNAIT i Hume S avings & Loan & Palin Desert, California Coachella Valley County Water District August 14, 1975 c/o Allred & Kyser P. 0. Box 458 Thousand Palms, Ca7-11-fornia SU03j;_--ct to thLe provisions of City of Palm Desert, 01-dinance No. I and Ordiinan=_-e No. 25 and all t1ae terms, conditions, restrictions, specifications, standf-rids and rules and rec— udations of the City of Palm Desert or any other public agency ,,rritten below or printed as general or special provisions or incorporated herein by refe-2. 10 11. 1,Al 1 S"S IT 0 N T IS ILIEREBY GRANTED TO Excavate to J.uistal.`, and maintain 572 , of 0"; sewer main line and two manhole structures on Deep Canyon Road, in th-- City of Palm Desert. be- gin-ii-rag at an existing manhole on Palm Desert Drive (south) , thence southerly. Line to be located 5' east of the center line of Deep Canyon, as indicated on Sheet 2 of r�T ­ e I LLJ r(�,-_,7 ment -plans for Tract #5357, attached and made a part of this Permit. (Cont. Page 9) The following specifications and/or standards, a copy of which are attached to this permit, are hereby referred to and made a pa-11, hereof as fulki as ;if they are set out herein,_ City s tandards and/or specificatioj-j�- 1.U For: Prcvisq----- s, R-1, R-3, R-14, R-15, R-18) R-20, 7­22, R-24, R-26 (3" AC-Exist-30), R-29, Type: Trench Backfill. A copy of this permit is to be kept at the site of the work ai-id must be shown on demand to any authorized representative of the 'City Engineer. This permit is to be strict' construed and no work k o ther than that specifically rnentiored above is authorized. hereby. Performance of the work shall be deernte-d to be acceptance 'r%i,, the Fermittee of all terms and conditions of this permit and Ordinance No. I and No. 25. This permit shall be void unless work herein contemplated shall be completed before _ September 30, 1975 CC: Riverside & K. Holland Tek Tanaka & Inspector City of Palm Desert "*- City Engineer 0�.V.C.W.D. & File Attachments: Notification App. , Pmt. , Ext. I-,y Provisions & Drawing WBE/ck Trench Backfill Desert Area Permit PD-758-1.8 ( page 2 l Material. from the excavated trench shall be placed in a position so as to cause minimum interference with traffic. All construction. materials and equipment shall. be removed from the roadway at the close of each days work. Excavation and spoil banks shall- be properly barricaded and lighted at night, and on week- =nds and holidays, to the satisfaction of the Road Department inspector. At least one laIie of the roadway UJISt be open to traffic at all times, a'Id acess shall be maintained for abutting property owners. Flagmen shall be required as necessary for handling traffic through the work area. Manholes shall be equipped with a minimum of 18" of adjustable grade rings and anti -coccin-g traf_fic--type covers, set flush with finish pavement grade. Damage to pavement outside the area of the excavated trench, which may occur as a result of operations under this Permit, shall be repaired to the satisfaction of the Road Department inspector, and at the expense of the Per-mittee and„/or his contractor. `ihis Permit, or a copy thereof, together with all attached plans, provisions and specifications, shall be placed in the hands of the contractor and said Permit shall be available at the jobsite at all times. C�-[y of -rg, Ly " 11 -1 - I - I-, f Can,-,,--on Road, kle-cei-'t, Perinit Section s,"Am-l"! hl? 1 of at least 48 hours pri— to! i .- RI P I-J.2 Iarly. construction. 'T' I i J elephone., 347-8511 Ex. 267 11(-* Pe-1-m it Section is no notj I t fie d- IaDy work performed is subject !to-immnl-di.ate removal.. CITY 01- PALM D RrT1ESEI Ram CE Ve STATE OF CALIFORNIA AUG 15 19/ T rn �.-1 LY STREET F 17- -PARTY1',1--,'NT W 01: SERMES ENCROACT P E F)X-1-I-H-X1 E N Home Savings & Loan & Palm Desert- Coachella Valley County Water District c/-- Allred & Kyser August 1.4, 1975 P. 0. Box 458 Daie Thousand Palms, California Suh-'-ect to the Provisions of City of Palm Desert, Ordinance No. 1 and Ordinance No. '25, and a-11 the terms, conditions, restrictions, specifications, standards and rules and. reg- 'j ulations of the City of Palm Desert or any other public agency wriitl'.en below or }printed. Rener--1 or Special provisions or incorporated herein by referen,--e: PE1-Zj'V1JSSION IS HEBE-BY GRANTED TO Excavate to install and maintain 823' of J-2" asbestos-cement water main n two 6" fire--- hydrant- as seullb lies on Deep Canyon Road, in the City of Palin Desert, beginning at the southwest corner of Deep Canyon and Candleuood Street, thence northerly. Line to be installed at alignments of 3' and 161 west of the center line of (Cont. Pg. 2) The followin,,k;' specifications and/or standards, a copy of wl ich are attached to this 1pel-rj-�it, , h are hereby referred to and made a part hereof as fully as if they .are set out herein• tandards and/or specifications for: Provisions: R-1, R--3, R-14, R-18, R-20, R-22, --R-233 R-24, R-26 0" AC-Exist-30), R-29, -1 ype Trench Bac' kfill. copy of this perrnit is to be kept at the site of the work and must be shown on demand to -3 11-y authorized representative of the City Engineer. This permit is to be strictly construed and no work other than that specifically mentioned above is authorized hereby. Performance of the work shall be deemed to be acceptance by the Pern-Attee of all terms and conditions of this permit and Ordinance No. I and No. 25. This permit shall be void unless work herein contemplated shall be completed before September 30, 1.975 Riverside & K. Holland Tek Tenaka & Inspector City of Palm Desert C.V.C.W.D. & File City Engineer Attachments: Notification App. , Pmt. , Ext, By Drawing & Provisions WBE/ck Trench Backfill Desert Area Per7:it YDI -75g--1 J Page 2 Deep Canyon, as indicated on Sbe:_=..t 2 of Improvemer: . Plans for Tract #5357, attached and made a part of this Permit. Pavement to 'be cut at the crossing of Candlewood and Driftwood, and adjacent to the existing curb for approximately 3009_at north end of project. Street crossings are to be made on a half-width basis, with one lane of the roadway open to traffic at all times. Permittee and/or his contractor shall be responsible for providing all. signs, barricades and flagmen reoui.red for adequate protection of the traveling public and handling traffic through the work area.. Material from the excavated trench/shall be placed in a position so as to cause mi-rt-- ir::um interference with traffic. All construction materials and equipment shall be removed from the roadway at the close of each day's work. Excavat Ens and spoi.J_ banks shall be properly barricaded and lighted at night, and on week-ends and holi- days, to t':e satisfaction of the Road Department inspector. Access for abutting property owners shall be provided. Damage to pavement outside the area of the excavated trench, which may occur as a result of operations under this Permit, shall be repaired to the satisfaction of the Road Department inspector, and at the expense of the Permittee and/or his contractor. This Permit, or a copy thereof, together with aa..l attached plans, provisions and specifications, shall be placed in the hands of the contractor and said Permit shall be available at the jobsite at all times. W T ` j, N! p!)-7 � -'10 I\u _(_ be*ep lcanyon J17(`1 zi�i !Tj-! City Engineer, City qJ­Pa1n) Abron-Al-a Trail, Street — fame of Fl.oiffled at least 48 hours, 'prior tol Sunrise Lane ,any construction. RBPg. 119 Telephone: 347-8'511. Ex. 267 'if Permit Section is not notified, I ,any work. performed is subject Ito irnmediat;e rernoval. CIT-N-;' OF PAL11%ri Srr _PCIPE OF CALIFORNL% CITY STREET DEPYARINVIENT ENCI)LOACHMEN'l PERMIT Palm Desert, California Home Saviu.g & Loan August 14, 1975 C/O Allred & YYSE!r __DaT_e P. G. Box 458 Thousand Palms, Calif. Subject to the provisions Of City of Palm Desert, Ordinance No. I and Ordinance No. 25, 1; 1. L i - L 1:� and all t. e torms, conditions, restrictions, specifications, sta.nd2rds and rules and reg-- ulations of the City of Palm Desert or any other public agency written below or printed as generaJ. or special pi,.--ovisions or incorporated herein by reference- 1`1711 V_ISS10N IS HERE.-BY 'G'IRANTED TO install 5431 of Type "A" concrete curb and gutter tie in -paving, sidewalks and five driveway approaches on Deep Canyon Road, Abronia Tra'L-L and Sunrise Lane, in the City of Palm 'Desert, as indicated on Sheat 3 of Improvement Plans far Tract #5357, attached and made a part of this Permit. Curb to be located 23' west of the center line of Deep Canyon, 20` south of (Cont. Pg. 2) The following specifications and/or standards, a copy of which are attached to this are hereby referred to and made a Part hereof as fully as if they arc set out here-it). City s tanidards an.djor specifications for: Provisions: R-1, R-3, R-4, R-6, R-8. Type: Standards: #200 - Type "A" Curb #207-208 - Concrete Driveway approaches. A copy of this permit is to be kept at the site of the work and must be shown or. Ji ern P,nd to any authorized representatilive of the City Engineer. This permit is to be strictly construed and no work other than that specificall,,, rnentioned above is authorized hereby. Performance of the work shall be deemed to be acceptance by '11he Peri-nittee of all terms and conditions of this pernift and Ordinance No. 1 and No. 25. This permit shall be void unless work herein contemplated shall be completed before September 30, 1975 CC: Riverside & K. RollanU_ Tek Tenaka & Inspector City of Palm Desert !/' City Engineer File Attachments: Notification App. , Pmt. , Ext. �y Provisions i o-t-t­-j--Re r-n:Et--En-i-nee-r- WBE/ck Drawing Desert Area 1 4 Permit ?'D-758• 20 Pa;e 2i the center line of Abronia. ancl 1.5° east of tine center line of Abronia, Tie in paving requirements shown on plans are tentative, subject to soil tests after rough grading. ,;I C O U N T Y ESTABLISHED IN 1918 AS A PUBLIC Cy (� F STRIGS 1 '1 COACHELLA VALLEY COUNTY WATER D&TRICT POST OFFICE BOX 1058 COACHELLA CALIFORNIA 92236 TELEPHONE (7 4) 398-2651 E:I V2,'D DIRECTORS OFFICERS LEON KENNEDY,PRESIDENT �� J LOWELL O.WEEKS,GENE-�`qL MANAGER-CHIEF ENGINEER RAYMOND R. RUMMONDS,VICE-PRESIDENT 1975 UlE J. NORDLAND, SECRETARY GEORGE H. LEACH ALTER R. WRIGHT, AUDITOR C. J.FROST D1A1 ppf(!� FF��C•C'�flT rq REDWI E AND SHERRILL, ATTORNEYS WILLIAM B. GARDNER I A. M DESE::P U!Ti'1 1 A1.1. t1 14, 1975 File No,. stote of Cal Morals 0421.1 Division of ft at Istoto 0721.1 107 South t row"yo ]ROM am -L's AstSrtts, telifft #o 9 4! Domestic Water and/or Sanita Se vic�� For area described as Located in Sec. , T , ,R" E, B M. The information contained in the paragraph(s) checked below is/are applicable to the above described area. 1 . The Coachella Valley County Water District, in accordance with the District's currently prevailing regulations will furnish these services to this area: Hater OSanitation 2. The area must be annexed to these improvement Districts to obtain services: OWater I .D. No. nSanitation I .D. No. ` 3• Financial arrangements have been made with � �vtuc -FWV89qAVuM#Whese facilities: [—_!Water fi•.{ lSanitation 4. in accordance with the standard specifications of the District, construction has been completed for the required facilities to furnish the following service(s) to this area: I:_i Water (yl,Sani tat i on Service(s) will be supplied in accordance with the District's currently prevailing regulations governing such service(s) . 5• The monthly sewer service charge will be $5.00 per lot. This is the pre- vailing charge throughout the District. 6. Other Very truly yours, Lowell 0. Weeks a,._:, General Manager-Chief Engineer Cc: I*Wtftnt 0 ltbile filth ice. 600rIl Uva1com"t lcorpirstlm lRlw�re�+Rlr► �i�"����, i�11to�1� ��ll� t t ii►tbl k ikitth 10410 Att+a tf:tt Xv. P* Wmerak saf go TWO Iffsaraftes c City of PaN ftso "t k t1,-- J�h""Rll"1_ �I1i11�mnafIDII)mAt111.TI1iFm 45.275 Prickly Pear Lane P.O. Box 1648 Palm Desert, Ca. 92260 Ph. 346-0611 May 20, 1.975 CITY OF PALM DESERT NOTICE OF PUBLIC HEARING TRACT 5.357 Pursuant to Section 18. 26 of the Palm Desert Zoning Ordinance, notice is hereby given that a public hearing will be held before the Palm Desert City Council to consider a request from HOME BUSINESS DEVELOPMENT CORPORATION to ex- tend the filing period for one year for the final tract map for the condominium conversion of existing dwelling units situated west of Deep Canyon Road and south of Abronia Trail, the property being more appropriately described as : Assessor' s Parcel # 625-125-002 # 625-145-001 Said public hearing will be held on Thursday, June 12, 1975 at 7 : 00 p .m. in the Multi-Purpose Room of the Palm Desert Middle School, 74-100 Rutledge Way, Palm Desert, California, at which time and place pertinent testimony will be heard. .. ..Paul A. Williams Director of Environmental Services n, 4 • r CA-R CAR •i '� E. Leh \\� �. .C,�..J. 1 •-� ; �-__ : � � p�i�•.[OQ•}t_Aa i6 .�� � � SEE,NGTE 2 �a ? vj, E rii t 17 a �� • � � z2z,anTc• � —• jb 1 � r :1 17 a ; 20 —77 • � ., � TyFI(ri. s tz _ PER 24 t yp�yG 25011 c 14 241 -- za. (There is no Apt.13) — - - - - 5i 2 _m - �'R ,'/\`.Tc L_G-CL-•'.L' fEE SJU. 1}••�'''•'- M w _ S` 1 .. 'C`l•j� �. � /.r. .->ZtiQ, 104 q carz cAf2P02 T _ rv-� .. G� � Gam• .:. • [d � �1 ` 1' 1 __ � _ U •� 1 PI :.::gyp •W ,•a i` = a.-.+. - - c01uG: 17R�vLW6Y�k--�.• 1 •-••;('•'t ��v� // �,�•, (tr4� � •-`"`" •-•� -p y AS k E3 TFJ 11:1 .'t i f -- _ 'C$y OF PALM DES --_.. _ ��- :'i.. .. -, E-t•1w'':�t,3 1E1`:TA F CES DEFT, ATE - CONN. TG 2" PVL ��o 1Hij; APi F{,VAL.BEc0MESNULLAND.V01 i wJ `""•�+.�,, PE �J� ��:t�l✓!.aJi'f PAIL. 2YEARUF't'HEDA:EOFAPPROVAL � i u Y ir h L"gmx, _ ELECTRICAL SALES & SERVICE MANUAL S86 925-7 A "A 14dz&-lice PUBLICATION" APR 28 1975 a .. CANCELS 1-13-75 ..., ...,.......... M ......... ............. REVISED LISTING HUBBELL LIGHTING EQUIPMENT CAT. CAT. BALLAST N0. DESCRIPTION EACH NO. VOLTAGE EACH ]5W CONE LIGHTS GRFFN FIBERGLASS ALUMINUM MUSHROOM LIGHL _GREEN OR BLACK CONDUIT MOUNT 502 Ile" FEM. SWIVEL $22.62 1fftA W�3O" LEADS 5W 20.9 PORTABLE W/SPIKE & STAFF 5 " 20.9p503 18=3 CORDSET 33.80 520.94523.80523.80 PORTABLE W_SPIKE_- STAFF ��1$-�CORDSET 512-13B 1 " DIA IOOW 32.12 ' 556-2B 16 32.12 556-2G 16 32.12 FIBERGLASS MUSHR(ZUUM LIGHTS 557-28 16 of34.84 15" DIA. - 60W 557-2G 16 34.84 gREEN OR CHARTREUSE 142" CONDUIT MOUNT 51IG 30" WIRE LEADS 20.28 PORTABLE W/SPIKE & STAFF 512E�8-3 CORDSET. 31.46 A1,�JM US INUM MHROOM LIGHTS GREEN SUNBURST - 16 -olA. - 100 - R I W 4 X 2 STAFF 41.86 1 2" CONDUIT MOUNT I--10 30, WIRE LEADS 25.10 PORTABLE WISPIKE $� STAFF 555-2 18- coRosET 55.90 PORTABLE W/SPIKE & STAFF 12-10 18-3 COROSET 36.40 IOOW MUSHROOM LIGHTS �gOSTED GLASS GLOBE -FIBERGLASS MUSHROOM LIGHTS GREEN OR_BLACK EEN OR CHARTREUSE_ 1/2" CONDUIT MOUNT W/I,EADS 142" CONDUIT MOUNT W/30" LEADS 58413 6' DIA. 34.04 2 G 18" DIA. 60W 34.5E 584G 16 DIA. 34.84 PORTABLE W/SPIKE - STAFF W SPIKE-STAFF & 18-3 CORDSET 18-3 CORD SET - B DIA. '29.72 .1-2G 8" DIA. 60W 41.86 584-2G 16 DIA. 44.72 CITY OF PALM DESERT STAFF REPORT TO: Planning Commission. REPORT ON: Consideration of time extension of previously approved Tract 5357 CASE NO: Tract 5357 (TIME EXTENSION) APPLICANT: HOME BUSINESS DEVELOPMENT CORPORATION I. REQUEST: That the Planning Commission approve a one year extension. for the approval previously granted on Tract 5357. II. STAFF RECOMMENDATION: That it be moved by Resolution No. that the Planning Commission approve a one-year extension on Tract 5357. Justification is based. upon: 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. III. BACKGROUND: A. Location - Southwest corner of the intersection of Deep Canyon Road and Abronia Trail having the street address of 45-301 Deep Canyon Road. (See map) B. Size - 1.81 acres C. Existing .Roads - Sunrise Lane, Abronia Trail, Deep Canyon Road D. Existing .Land Use - 22 unit apartment (12.1 d.u. per acre density) E. Surrounding Land Use - Apartments, condominiums and motels F. Existing Zoning - R-3-4000 G. Surrounding Zoning -- R-3-4000 and R-3** H. General Plan Elements = The General Plan indicates the vicinity as medium density residential with 5-7 d.u. per acre. I. Previous Actions - C.U.P.-13-74PD was approved by the City Council on June 13, 1974 to permit the conversion of the existing apartments to condominiums. J. Agency Recommendations - County Road Dept. - No objections County Health Dept. - No comments C.V.C.W.D. - No objections Fire Protection - No comments K. Environmental Assessment - The Environmental impacts were evaluated as a. part of .the consideration of the C.U.P. and a negative declaration was completed. No further environmental considerations are required. IV. DISCUSSION: The project, as approved by the Planning Commission one year ago, still meets all ordinances and requirements and is compatible to the newly adopted General Plan. Therefore, nothing has occurred which would justify a denial of the extension being ,sought. The- extension, if granted, would mean that the plot plan and conversion concept is approved. Final conversion plans, including provisions for lighting, landscaping, etc. , will have to be submitted to the Design Review Board. This procedure will allow for more detailed review, and will ensure that the project will be .carried out in accordance with high development standards. 7. C /O r V 1 s O CA rV"//1/0 /,'rye .. 0 ' RAl r /4 1. 0 . �. , /Jr el, 118 � 'u 20 h11 ' 65 r y� 10 23 Q i t 'f 22 �C" d d w `20 t r , Q O aji CJ) //`� *':'�• 'sr^�tex'�ime�Yt°ot�u�",�"v:';.� cc�,.,,5",�i> q6� , 1z, r0o ItG �� 0/6 .,. 8 I r 7 6 ? Lu IoS.,L vJ� U Qz 29 36 s 35 4 � )� , 5 w CZ� ✓O -cLjj— ro DR/FTAVOOO ST 3/ ti > 8s tb 2u Z l / .3? 33 34 C/ £.•.i PLANNING COMMISSION RESOLUTION NO. 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 5357 TO ALLOW THE CONVERSION OF ]'HE WHISPERING SANDS APARTMENT COMPLEX TO CONDOMINIUMS ON PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF DEEP CANYON & ABRONIA TRAIL. WHEREAS, the Planning Commission of the City of Palm Desert did receive a verified request from a representative of Home Business Development Corp. , requesting approval of a one year time extension of the period of approval for tract 5357 on property located in the R-3-4000 Zone, and situated southwest of the intersection of Deep Canyon & Abronia Trail to allow for the conversion of an existing apartment complex to condominiums, the property being more particularly described at: Assessors parcels #625-125-002 and #625-145-001 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 74-14," in that the Director of Environmental Services had determined on July 10, 1974 that the project would not have a significant impact on the environment .and the appeal period did expire on July 18, 1974, and WHEREAS, on May 12, 1975, the Planning Commission did consider this request for time extension approval; and WHEREAS, at that time, upon receiving and considering the testimony 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. �2M 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 constitute the findings of. the Commission in this case. 2. That it does hereby approve a one year extension of the period of approva of Tract 5357, 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 May 12, 1975 by the following vote; to wit:. AYES: NOES: ABSENT: ABSTAIN: WILLIAM SEIDLER, CHAIRMAN ATTEST: PAUL A. WILLIAMS, SECRETARY PD, E V ';�1-�xJ ?� q q p � ESTATE �{wry �jE G �_ 6'.f:.P .1,* ;1.1,E, T;T' O R.E.�i`.�.1 .L:.��]J.�ArJl E �._ CYL •� � �,ji � j y �`: . j OF T11F, 1j S JAN 2 3 1976 STATE OF C/d,1FORNIA. U�.�. ,iAN 2.. 0 i976 RIVERSIDE COUNTY TELEPHONE NO. (213) 620-2700 ti PLANNING COMMISSION P P,NNING COMMISSION DESERT OFFICE T„ to oft application FTLT AJJ S1.�$DIVI,, ON the mat_ _ h0 � p_i0uti.��� i�r. , c I''UB L IC REPORT HOME BUSINESS DEVELOPMENT CORPORATiO14rA , a Ca13fictir a corporation FILE N0, 36404 for a fl'ilaf subri4 vision. public I`GI:o i. on ;�f J ISSUED: OCTOBER 31 , 1975 ? 7 TRACT NO. 53:7 �+pg �; g �'ES EXPIRES: OwinBE!? I It.(3JI .!- [�,tP cr.yij�: CCIND MIP't i„?�s" . niVCRSiuc CC;iSi:i`i', ,r +LiFviYi ri y+.TS Report 1G T-Tn aRecommendation ar ;un CD:3� a erst nY ppww the S C�Id S' 1:mt Is normative C)DIL '. Buyer or 'Lessee Xffust Sign That He Has Receiver. and Read This Report. This Report Expires on Datc Shown Above. If There Has Been a Material (",harwe 111 ibe Offering, a:I Amender Public Report Must Be Obtained and Used.in Liras of l`ik er�;�Mtz SPECIAL NO—i E5 INFORMATION REGARDING SCHOOLS CAN BE FOUND ON THE LAST PAGE OF THIS REPORT. THIS PROJECT IS A CONDOMINiUM. IT WILL gE OPERATED BY AN INCOr'IPvRAIED OWNERS ASSOCIATION, THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERAIIA NS AND EXPENSES IS LII1dTEL: TO YOUR. RIGHT TO VOTE AT MEETINGS. PRIOR, TO EXECUTION OF THE PURCHASE AGREEI"IEN`C THE DEVELOPER SHOULD PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION, RESTRICTIONS AND BYLAWS. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AF- FECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE, OBLIGATIONS, COSTS OF MAIN- TENANCE AND OPERATION, YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BE- FORE YOU OBLIGATE YOURSELF TO PURCHASE A UNIT, THE SUBDIVIDER HAS AN INTEREST IN THE ESCROW COMPANY WHICH IS TO BE USED iN CONNECTION WITH, THE SALE OR LEASE OF UNITS iN THIS SUBDIVISION. THE EXACT 14ATURE Or THE SUBDIVIDER'S INTEREST IS SET FORTH IN THE ESCROW INSTRUCTIONS WHICH ARE TO EE USED. THE DEVELOPFR OF THIS PROJECT HAS INDICATED THAT HE INTENDS TO SELL. A1,L OF THE UNITS IN TIHIS PROJECT. HOWEVER, ANY OWNER, INCLUDING THE DEVELOPER, {IAS A LE;:,A" RiCHT TO LEASE THE UNITS. PROSPECTIVE PUR`;1ASERS SHOULD CONSIDEF THE POSSIBLE EFFECTS ON THE DEVELOPMENT IF A SUBSTANTIAL PORTION OF THE UNITS BECOME RENTAL PROPERTIES. _A.a s6' t 01C.py tic -1- ra t INTERESTS TO BE CONVEYED Your w� El rccQs`ve fee titie to a specified unit, an Undivided fractional fee interest as a tenant Ir common in the common area, together with a merri- bership in Whispering Sands V! llas Association and rights to use the common area. LOCATION AND SIZE: In the City of Palm Desert, Approximately 1 .49 acres on which six (6) but ldi s containing 22 units and 22 carports have been constructed, together with common ¢a ities consisting of laundry room, swimming pool and jacuz2i , which have been nstructed. _.�.� ---------- MANAGEMENT AND OPERATION; The rin Whis paA � Villas �..A-_,.._...�.�._... g Sand, ��: i ,qs Association, which you must join, manages and operates the corrimor. areas) in accordance with the Restrictions; Articles o Incorporation and the Bylaws. h;AINTEINANCE_ AND OPERATIONAL EXPENSES; The subdivider has maintenance ands''-`� "" sub,-nit tted a budget for the ep. �� ��.�ri of the common areas. You should obtain a copy of this bud- get from the subdivider. Under this budget, the monthly assessment against each sub- - division unit will be $82.50. The association may increase or decrease assessments at. any time in accordance with the procedure prescribed in the CC&Rs or Bylaws. In considering the advisability of a de crease in assessments, care should be taken not to eliminate amounts attributable to .reserves for replacement or major maintenance. THE INFORMATION INCLUDED IN THIS PUBLIC REPORT !S APPLICABLE AS OF THE DATE OF ISSUANCE. EXPENSES OF OPERATION ARE DIFF.!CULT 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 during the month following the closing of the first sale of a unit. From that time, the subdivider is required to pay the associating a ^?onthly assessment for each unit which he owns. The remedies available to the association against owners who are delinquent in the pay- ment of assessments are set forth in the CC&Rs. These remedies are available against the subdivider as well as against other owners. The subdivider has ,posted a bond as partial security for his oblagat'on to pay these assessments. The governing body of the association should assure itself that the subdivider has satisfied his -obligations to the association with respect' to maintenance of .the common areas before agreeing to a release or exoneration of the security. Tilis development is a conversion of an existing apartment to condominium use. The structure is 11 years old. AASEMENTS; Easements for utilities and other purposes are shown on the title report and the subdivision map recorded in the Office of the Riverside County Recorder August 12. 1975, as Instrument No. 97910. RESTRICTIONS; This subdivision is subject to restr`ctions recorded in the Ixr? ,;e of the Riverside County Recorder November 18 I the .,ire _ 957, as 1ns�ruz+ent No. 82110, and October 16, !975, as Instrument No. 127337. -2- of 4 pages FILE NO. 36464 TAX ESTIMATES_: If the subdivider- is unable to give you the current tax information, you may approximate your taxes as follows: TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1974/75 .FISCAL YEAR IS $9.875. THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS. FOR EXAMPLir, ANY BONDED DEBT OR SPECIAL ^uISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. CONDITIONS OF SALE: If yoerr purchase involves financing, a form of deed of trust and note will be used. These documents contain the following provisions: An acceleration clause. This means that if you sell the eroperty or use it as a se- curity for another loan, the lender may declare the entire unpaid loan balance irtme9 diately due and payable. A late char e. This means that if you are late in ;Waking 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 cue, you may be i-equired 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. (Refer Sections 11013, 1101;.2(a) , Business and Professions Code.) ff the escrow has not closed on your unit within twelve (12) month, of the date of your deposit receipt, you ii-tay request return of your deposit. GEOLOGIC CONDITIONS: THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE FROM GEOLOGIC HAZARDS SUCH AS LANDSLiDES, FAULT MOVEMENTS, EARTHQUAKE SHAKING, RAPID EROSION OR SUBSIDENCE. THIS SUBDIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE HAZ- ARDS MAY EXIST. SOME CALIFORNIA COUNTiES. AND CITIES HAVE ADOPTED ORDINANCES THAT MAY OR MAY NOT BE AS crcrrTIVE IN THE CONTROL OF-:GRADING AND SITE PREPARATION. PURCHASERS SHOULD D I SC:.1SS ,t�J!Tu TuF DEVE1 npca „ ?,yE DEVELOPER'S ENGINEER, T HE ENGINEERING GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE-MENTIONED HAZARDS HAVE BEEN CONSIDERED AND IF THERE HAS BEEN ADEQUATE COMP!A ANCE WITH CHAPTER 70 OR AN EQUIVALENT OR MORE STRINGENT GRADING ORDINANCE DURING THE CONSTRUCTION OF THIS SUBDI- VISION. FLOOD AND DRAINAGE: The Coachella Valley County Water District advises that the above tract lies on the Dead Indian Canyon and Deep Canyon debris cone. This area is pro- tected from stormwater flows by a system of channels and dikes built and m1aintaiiled by this district. This tract may be considered safe from stormwater flows except in rare instances. FIRE PROTECTION: Riverside County Department of Fire Protection, in cooperation with the California Division of Forestry reports that fire protection is provided by Station 33 (Palm Desert) with two engines and one squad C-nd station 31 (Bermuda Dunes) with two engines and one squad. -3- of 4 pages FILE NO. 36464 The water system being installed meets the requi rements astabl fished by the Riverside County Department of Fire Protection, PUBLIC TRANSPORTATION: . Regularly scheduled public transportation service is avai fable less than one rni ie from the subdivision at Highway Ill. SCHOOLS: Desert Sands Unified School District advises that the location and distance from the tract to the nearest schools serving this .tract -are as follows: 1,azhington Elementary, 768 Portola, 3/4 mi le; L. rcoln Eleimentary, 100 Rutledge: Way, 1- miles; Palm Desert Middle, 100 Rutledge Way, 12 miles; Indio High, 81-7$0 Avenue 46, Indio, 7-3/tr miles, School bus transportation is available and free to the aforementioned sch3ois, For further inforsrration in regard to this subdivision, you may call (213) 620-2700, or examine the documents at 107 South Broadwav,` Roorrr 8136, Los Angeles,, California 900,12., 5,1/1,1m -4- and last. FILE N'O. 3646G: .r,IDER W(� b� LAW wWo jr A.o CITY OF PALM DESERT S�'48n1"'!� 'R��vu�,sr�aCtnr� �C, To be attached to and made a part of Q "� :�xWEncroachr•aent Permit PD-758-20 Deep Canyon Road Abrenia Trail Home Saving: & Loan '-; RBPg. 112 To c/o Allred-& Kyser j P. 0. Box 458 Thousand Palms, Calif. Coinpiying with your request of September 2, 1975 'we are hereby amending above numbered permit­-a,§-follo;us: Date of completion extended to Sam (( e Revision No. 1, Sheet 1, Tra(Ct No. 5357 at i._ er section of Deep Canyon Road & Abronia Trail in the City of PJltn Dessert, Gatl�if. Revisions of u ork on construction notes as indicated or, attached sheet and made a part of this Permit in accordance with drawing of intersection. Except as amended, all other terms and provisions of the original permit shall xemain in effect. This rider must be attached to the original permit. Dated at Indio Calif. , September 2, 1975 CC: Riverside K. Holland & Tek Tenaka CITY ENGINEER City of Palm Desert Inspdctor File ; WBE,/ck Wm. B. Elliott, Permit Engineer . /S/ Anthony Porras - Desert Area c,N Si! iL u? N1 p ''``F t'.'.s r y < {�/ (� `i r-•"`sip f� ��.,Fti !, f.V !1� 4^1 (r V i Nl f r(�✓ rZ;v) Li Ti % � �'L r'yr ri'1 ,•v�r L? Fr U(Yi f,=.L �tl i:: VIJ } i!r ;,. L. +is; kE�._ AND ` �( ! C_V . t E t. — _r IN ;4 �-1:•i f^f(I'L TO E5'`_ F • ! I%l i}�t `1 ',` r,"r.." t2 Tarr_- 1 mil' f etliiJ �„� R 4'J C.i.i. ."i�,, .I r_- rr— . 6 MZ fib`c D . }( �i �iF��tfC�% ilz`i�i�. �i.A•.''vj r-t:�t:� - liH("� ��� /, _ tt `j �e . t. lei ti.. f t � ._ ....-.....__-_-_-_-__-___ _ __---_-_- '__'-'__' _ _-�~_-____-_ ____ _ . 5-�� ` �K1) 6y'n ON -- -- -_ -- ,v �{l � \ . ! ' [} 16 ' 14 ' . Q, c� = ' � * Al 04 jx 39 38. - 29 vc\ to LQ DRIFT1,1100D sr � � �� `) ' , /^ ' | � � | � / � MINUTES WO CITY COUNCIL MELTING JUKE 121 1975 PALM DESERT MIDDLE SCHOOL I. CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order at 7 : 05 P.M. , on June 12 , 1975, by Mayor Henry 13. Clark at the Palm Desert Middle School, II. PLEDGE INVOCATION IV. ROLL CALL Present : Councilman CHUCK ASTON; Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Councilman JIM McPHERSON; Mayor HENRY B. CLARK Others Present: Harvey L. Hurlburt, City Manager Dave Erwin, City Attorney Paul Williams , Director of Environmental Services V. APPROVAL OF MINUTES A. Minutes of the City Council meeting of May 22 , 1975 Councilman Aston moved and Councilman Brush seconded that the minutes of the City Council meeting of May 22 , 1975 , be approved as submitted; carried unanimously. B. Minutes of the City Council meeting of May 27 , 1975 Councilman Aston moved and Councilman Brush seconded that the minutes of the City Council. meeting of May 27 , 1975 , be approved with the correction that the-motion that the 300 word statement for inclusion with the sample ballots for the General Plan Referendum Election be approved and signed by the entire City Council was seconded by Councilman McPherson; carried unanimously. VI. AWARDS , PRESEIZTATIONS AND APPOINTMENTS A. Resolution of the City Council of the City of Palm Desert in Appreciation of the Services of MARY E. PAINTED., Executive Secretary/Deputy City Clerk, November 1973 - April 1975 Action: Continued to the meeting of May 26, when Mary E. Painter will be present B. Appointment to Design Review Board Mayor Clark moved and Councilman McPherson seconded. that C. L. ROBINSON be appointed to the Design Review Board; carried unanimously. VII. CONSEIIT CALENDAR , A. Notice of filing of application and public hearing. In the matter of Advice Letter #916 of SOUTHERN CALIFO1`NIA GAS COMPANY' to increase revenues to off- set higher gas costs resulting from increases in the price of natural. gas purchased from E1 Paso Natural Gas Company and California. producers Action: Receive and file `1w B. Case No. TRACT 5357 (Time Extension) HOMI-. BUSINESS DEVELOPMENT CORPORATION; request for a one-year extension of the period of approval previously granted to Tract 5357 , which involves the conversion of Whispering Sands Apartment complex to condominiums , located southwest of the intersection of Deep Canyon and Abronia Trail Paul Williams advised Council that the applicant is requesting a one year extension for the approval pre- viously granted on Tract 5357 , and that the map will expire in February, 1976 . This is a condominium development . The Planning Commission by Resolution No. 51 , recommends that Council grant the extension subject to the condition that any revisions be for- warded to the Design Review Board for approval. Councilman McPherson moved and Councilman Brush seconded that by RESOLUTION NO. 75-43 approval of a one-year exten- sion be granted for the applicant to file the final map to allow for the development of a statutory condominium on property generally located south of Abronia Trail and west of Deep Canyon Road; carried unanimously. C. Case No . CUP-03-75 LURIA DEVELOPMENT COMPANY: Consid- eration of an appeal filed by applicant to rescind the requirement of an EIR for a 100-unit planned residen- tial development on a 20-acre site located east of Portola, north of El Cortez , and approximately 400 ' south of Goleta Avenue (R-1) Paul Williams advised Council that the application was filed the first Monday in April and staff_ found that it appealed the decision of EIR Resolution 75-14. . Staff finds that the applicant has addressed all issues submitted by staff regarding date grove preservation, traffic circulation, schools and recreation impact, energy consumption, and effect on plant and animal habitats . Councilman Brush asked Mr. Williams if any inadequacies were found, and Mr. Williams advised that if .this were an EIR, staff would request addi- tional information on the areas of traffic circulation and preservation of the date grove . By letter, the water district serving the area advised the City that supply was adequate.. Councilwoman Benson asked if an EIR would provide more specific information and Mr . Williams advised that it would. Mayor Clark advised that after reading the report summary he was of the opinion that the project would have a definite effect on the traffic, demands for water, and school system, and that he would like the applicant to tell him why they do not feel it will have an impact on the environment. FRED RICE, DEVELOPER, 73-350 EL PASEO, advised Council that it was the applicant ' s feeling that there is no substantial impact by this development as it is more definite than other developments that have gone on. The project will be built at the rate of 20 units at a time, and then added to as there is a demand for additional units . He also advised that there is noth- ing different about this subdivision than any other in Palm Desert. DUNCAN REYNOLDS , 74-070 GOLETA, expressed concern that the project will create problems for children, traffic-wise , who ride their bicycles on Portola, and asked that Council consider the possibility of a bike- way or sidewalks in the area. He also stated that the water situation on Goleta in the warm weather would not be adequate for the project , and would present problems in regards to the fluctuation of water pressure. -4- - SAFECO TITLE INSURANCE COMPANY SAFECO 3525 14TH STREET, P.O. BOX 111, RIVERSIDE, CALIFORNIA 92501 • (714) 684-1400 TITLE MAY 0 21975 May 1, 1975 SERVICES OF IPALM DST City of Palm Desert P.O. Box 1648 Palm Desert, California 92260 Attention Paul A,, Williams, Secretary Palm Desert PlanninglCommission Re: Tract 5357 Home Business Development Corp. Gentlemen: The City County of the City of Palm Desert approved tentative map of Tract 5357 on August 22, i1974. The time allowed in which to record the final map of said proposed subdivision will expire on August 22, 1975. We, therefore, respectfully request you to extend the time in which said Final Map should be placedof record for one (1) year from the date on which said tentative map was to expire. We would appreciate a copy of the extension approval letter for our records. Thank you for your attention to this matter. Very truly yours,, i J ie Barnaby u division Enc. I i MEMBER: AMERICAN LANO TITLE ASSOCIATION 0 CALIFORNIA LAND TITLE ASSOCIATION RESOLUTION NO. 75-43 A`yiESOLUTION OF THE CITY COUNCIL OF THE CITY WFIPALM DESERT, CALIFORNIA SETTING FORTH ITS FINDINGS AND. APPROVAL OF A ONE YEAR TIME EXTENSION IN WHICH TO FILE THE FINAL MAP TO ALLOW FOR THE DEVELOPMENT OF A STATUTORY CONDOMINIUM ON PROPERTY GENERALLY LOCATED SOUTH OF ABRONIA TRAIL AND WEST OF DEEP CANYON ROAD. CASE NO. TRACT; 5357 WHEREAS, the City Council of the City of Palm Desert, did approve a verified application from HOME BUSINESS DEVELOPMENT CORPORATION, requesting approval of a tentative map for a statutory condominium, located in the R-3-4000 zone and situated south of Abronia Trail and west of Deep Canyon Road, and; WHEREAS, said tentative map was approved by the City Council on August 22, 1974 for .a period of 18 months and shall become null and void on February 22, 1976, unless a final map is recorded, and; WHEREAS, the applicant has requested a one-year extension until February 22, 1977 in which to record the final tract map for the project, and; WHEREAS] said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 74-14", in that an Environmental Assessment form was submitted and a Negative Declaration was made by the Director of Environmental Services on July 10, 1974 and ,the appeal period has expired, and; WHEREAS, the City Council did take into consideration the tentative map as submitted and the report of the various review agencies, particu- larly the recommendation of the Planning Commission as stated in Planning Commission Resolution No. 51, dated May 12, 1975, and; WHEREAS, the -City Council did find that the subject tentative map does comply with the City of Palm Desert Code (County Ordinance No. 460) and the State of California Subdivision Map Act, as amended, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. RESOLUTION NO. 75-43 Page 2. 2. That it does hereby approve the one-year time extension for the tentative map for Tract 5357, subject to the fulfillment of 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 and subject to: the original conditions of approval. PASSED, APPROVED, AND ADOPTED this 12th day of June, 1975 by the City Council of the City of Palm Desert, California by the following vote, to wit: AYES: NOES: ABSENT: i ABSTAIN: I i HENRY B. CLARK, MAYOR City of Palm Desert, California I I I ATTEST:. I I I HARVEY L. HURLBURT, CITY CLERK City of Palm Desert,I California I i ..R ... �, 45-275 Prickly Pear Lane P.O. Box 1648 Palm Desert, Ca. 92260 Ph. 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE clay 14, 1975 APPLICANT Home Business Development Gorp . 701 Broadway San Diego, California 92112 CASE NO. TRACT 5357 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of May 12, 1975 CONTINUED TO DENIED APPROVED BY PLANNING COMMISSION RESOLUTION 51 �,r PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION )CC PLACED ON THE AGENDA OF THE. CITY COUNCIL OF rgay 22 t. TO BE SET - FOR PUBLIC HEARING ON JUNE 12 . ". 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. Paul A. Williams, Secretary Palm Desert Planning Commission Applicant County Road Department CVCWD PLANNING COMMISSION RESOLUTION NO. 51 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 5357 TO ALLOW THE CONVERSION OF THE WHISPERING SANDS APARTMENT COMPLEX TO CONDOMINIUMS ON PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF DEEP CANYON & ABRONIA TRAIL. WHEREAS, the Planning Commission of the City of Palm Desert did receive i a verified request from a representative of Home Business Development Corp. , requesting approval of a one year time extension of the period of approval for tract 5357 on property located in the R-3-4000 Zone, and situated southwest, of the intersection of Deep Canyon & Abronia Trail to allow for the conversion of an existing apartment complex to condominiums, the property being more particularly described at: Assessors parcels #625-125-002 and #625-145-001 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 74-14," in that the Director of Environmental Services had determined on July 10, 1974 that the project would not have a significant impact on the environment and �_. the appeal period did expire on July 18, 1974, and WHEREAS, on May 12, 1975, the Planning Commission did consider this request for time extension approval; and WHEREAS, at that time, upon receiving and considering the testimony 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 Cit 's General � y �I Plan. -2- RESOLUTION NO. 51 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 constitute the findings of the Commission in this case. 2. That it does hereby approve a one year extension of the period of approva of Tract 5357, 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 May 12, 1975 by the following vote, to wit: AYES: BERKEY, MULLINS, SEIDLER, VAN DE MARK, WILSON NOES: ABSENT: ABSTAIN: j �. ., S. AIRMAN ATTEST: PAUL A. WILLIAMS, SECRETARY EIR FORM #7 CITY OF PALM DESERT NOTICE OF DETERMINATION Case No. Tract 5357 Applicant: HOME BUSINESS DEVELOPMENT CORPORATION 701 Broadway San Diego, California 92112 Description of Project: One year time extension for filing final map on condominium conversion. E. I, R. City Council Action E. I. R. Required Yes No X (See Attached Form) Date: July 10, 1974 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. 1. R. Considered by :City Council City Council Action: Consideration of Draft E. 1. R. N/A Date: Action: Final Action on Project: Date: June 12, 1975 Action: Approved by City Council Date Filed with County Clerk June 13, 1975 cc: File Applicant Ga �•.Z C,LAX%.s EIR FORM #7 CITY OF PALM DESERT NOTICE OF DETERMINATION Case No. Tr 5357 Applicant: HOME BUSINESS DEVELOPMENT CORP 701 Broadway San Diego Calif. 92112 Description of Project: Condominium conversion of existing, 22-unit Whispering Sands apartment complex, located at 45-301 Deep Canyon Road. E. I. R. City Council Action E. I. R. Required Yes No X (see attached form) Date: July 10 1974 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: July 29 1974 — Action: Approved by Planning Commission Date Filed with County Clerk July 30, 1974 cc: File Applic ant • •_431.._.. 3�i MATM t7MA MT10*1 t 4p<n T,.:..• .-,ra.. 2'•l�ry t Ciu ' ,'��r^ .,,...,.... iroj4Qt Spune-or Hoaae Business Development Corp., 82-640 Highlwny 111, Indio, CA 92201 t'27•�,R• t •► :i^ tst:� 1.-ems:.. •,•�Ml.::�� ,,.�� Conditional Use Permit 1562-E; Planned residential develorrent, concert apartments to condominiums. Deep Canyoa aad Driftwood, 2alm Desert. 11 has 'tzCIl no, 't _ ; !�+1 � 1.. On :. '_' •en�•STt t"'�*'►:%o _____July I0,_1973 - TODD F. BEELER t,I'4 ASSOCIATE P1JLi,\EFi y. cc: Desert Office " " CITY OF PALM DESERT STAFF REPORT TO: Planning Commission REPORT ON: Consideration of time extension of previously approved Tract 5357 CASE NO: Tract 5357 (TIME EXTENSION) APPLICANT: HOME BUSINESS DEVELOPMENT CORPORATION I. REQUEST: That the Planning Commission approve a one year extension for the approval previously granted on Tract 5357. II. STAFF RECOMMENDATION: That it be moved by Resolution No. 51 that the Planning Commission approve a one-year extension on Tract 5357. Justification is based upon: 1. The proposed project does ensure the protection of the public health, safety, and genera]_ 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. II.I. BACKGROUND A. Location - Southwest corner of the intersection of Deep Canyon Road.and Abronia Trail having the street address of 45-301 Deep Canyon Road. (See map) B. Size - 1.81 acres C. Existing Roads - Sunrise Lane, Abronia Trail, Deep Canyon Road D. Existing Land Use - 22 unit apartment (12.1 d.u. per acre density) E. Surrounding Land Use - Apartments,, condominiums and motels F. Existing Zoning - R-3-4000 G. Surrounding Zoning - R-3-4000 and R-3** H. General Plan Elements - The General Plan indicates the vicinity as medium density residential with 5-7 d.u. per acre. I. ' Previous Actions - C.U.P.-7.3-74PD was approved by the City Council on June 13, 1974 to permit the conversion of the existing apartments to condominiums. J. Agency Recommendations - County Road Dept. - No objections County Health Dept. - No comments C.V.C.W.D. - No objections Fire Protection - No comments sm. " K. Environmental Assessment - The Environmental impacts were evaluated as a part of the consideration of the C.U.P. and a negative declaration was completed. No further environmental considerations are required. IV. DISCUSSION: The project, as approved by the Planning Commission one year ago, still meets all ordinances and requirements and is compatible to the newly adopted General Plan. Therefore, nothing has occurred which would justify a denial. of the extension being sought. The extension, if granted, would mean that the plot plan and conversion concept is approved. Final conversion plans, including provisions for lighting, landscaping, etc. , will have to be submitted to the Design Review Board. This procedure will allow for more detailed review, and will ensure that the project will be carried out in accordance with high development standards. C PLANNING COMMISSION RESOLUTION NO. 51 A RESOLUTION OF THE PLANNING C014MISSION OF TINE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A ONE YEAR EXTENSION OF PERIOD OF APPROVAL FOR TRACT 5357 TO ALLOW THE CONVERSION OF THE WHISPERING SANDS APARTMENT COMPLEX TO CONDOMINIUMS ON PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF DEEP CANYON & ABRONIA TRAIL. WHEREAS, the Planning Commission of the City of Palm Desert did receive a verified request from a representative of Home Business Development Corp. , requesting approval of a one year time extension of the period of approval for tract 5357 on property located in the R-3-4000 Zone, and situated southwest of the intersection of Deep Canyon & Abronia. Trail to allow for the conversion of an existing apartment complex to condominiums, the property being more particularly described at: Assessors parcels #625-125-002 and i #625-145-001 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 74-14," in that the Director of Environmental Services had determined on July 10, 1974 that the project would not have a significant impact on the environment .and the appeal period did expire on July 18, 1974, and WHEREAS, on May 12, 1975, the Planning Commission did consider this request for time extension approval; and WHEREAS, at that time, upon receiving 'and considering the testimony 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. RESOLUT]:ON N0. 51. NOW, THEREFORE, BE 11' RESOLVED by the Planning Commission of the City of Palm Desert as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That it does. hereby approve a one year extension of the period of approva of Tract 5357, 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 May 12, 1975 by the following vote, to wit: AYES: BERKEY, MULLINS, SEI:DLER, VAN DE MARK, WILSON NOES: ABSENT: / ABSTAIN: 7 L SE AIRMAN ATTEST: PAUL A. WILLIAMS, SECRETARY r , r t n c) , O t (C 1.2T•� n , •� "_"_""_ J:%i:c:.._._-_� :..'t'•>-�'s> >i �8%2s - i � �-�i sf�`3.--�i N� C' � I 0�l � � f^ `` '�-� err AO_ , ....� 3 Jr� � `� (63 15 W 0 16 17 t•, i;� ' ,{, b Lit, .I"; �. ��r� �, ... .' QS / v q� IIS .r1 JIB• .�� rY ek y r ^�� 39 IN Af oh) 1 ` 7 r \ JX Zll r c C?� o -- � 1 ° 29 'fc r v J •: 2t 30 �r'i�rar�ooi> o sr l no 014- 0 (01 A 1), N 45-275 Prickly Pear Lane P.O. Box 1648 Palm Desert, Ca. 92260 Ph. 346-0611 June 2 , 1975 CITY OF PAL-1 DESERT NOTICE OF PUBLIC HEARING EXTENSION OF FILING PERIOD FOR FINAL MAP FOR TRACT 5357 Pursuant to Section 4. 12 of the Palm Desert Subdivision Regulations (Riverside County Ordinance No . 460) , notice is hereby given that a public hearing will be held before the Palm Desert City Council to consider a request from HOME BUSINESS DEVELOPMENT CORPORATION to grant a twelve (12) month time extension in which to file the final map for Tract 5357 , a condominium conversion project of existing apartments situated southwest of the intersection of Deep Canyon and Abronia Trail, the property being more particularly described as : Assessor' s Parcel 625-125-002 and 625-145-001 Said public hearing will be held before the Palm Desert City Council on Thursday, June 12 , 1975 at 7 : 00 p .m. in the Multi-Purpose Room of the Palm Desert Middle School , 74-100 P,utledge Way, Palm Desert, California, at which time and place pertinent testimony will be heard. Paul A. Williams Director of Environmental Services cls d J77 MINUTES CITY COUNCIL MEETING • 14AY 22, 1.975 PALM DESERT MIDDLE SCHOOL I . CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order ai; 7 : 03 P.M. on May 22 , 1975, by Mayor Henry B. Clark, at the Palm Desert Middle School. II . PLEDGE III . INVOCATION IV. ROLL CALL Present : Councilman CHUCK ASTON; Councilwoman JEAN DENSON; Councilman NOEL BRUSH; Councilman JIM McPHERSON; Mayor HENRY B. CLARK Others Present : Harvey L. Hurlburt , City Manager Dave Erwin, City Attorney Paul Williams, Director of Environmental Services V. APPROVAL OF MINUTES A. Councilwoman Benson moved and Councilman Aston seconded that the minutes of the City Council meeting of May 8 , 1975, be approved as submitted; carried unanimously. VI . AWARDS , PRESENTATIONS AND APPOINTMENTS A. Appointment to Citizens' Advisory Committee to replace Ronald S. " Gorman Mayor Clark moved and Councilman McPherson seconded that BILL HOBBS be appointed to the Citizens ' Advisory Committee vacancy; carried unanimously. COUNCILMAN BRUSH MOVED AND COUNCILMAN ASTON SECONDED THAT COUNCIL . ADJOURN TO EXECUTIVE SESSION AT 7 : 06 P.M. , TO DISCUSS PENDING REFERENDUM LITIGATION; carried unanimously COUNCIL RECONVENED TO REGULAR MEETING AT 7 : 51 P.M. Mayor. Clark requested City Attorney, ' Dave Erwin, to summarize the results of: the Ekecutive Session regarding the referendum on the General Plan. Dave Erwin advised that the judgment rendered in Superior Court , Indio, determined that the General Plan was a legislative act and subject to referendum, and that the judgment did suspend the General Plan . The three alter- natives open to Council were 1) rescind the General Plan resolution; 2) call a special election for the purpose of placing the Central Plan on the ballot ; 3) appeal the judgment . He also advised that the only way the City could be eligible for the funding; available to them this year was by a successful. vote on the General Plan . To accomplish this, an election muss: be held within a certain time. frame , which calls for an early election . Mr. Erwin advised Council that action should be taken tonight . City Manager , Mr . Hurlburt , advised Council that: if they approve the election by ordinance tonight , it would be reported to the County tomorrow, May 2, and. the ea 1iest election date would be July 8 , 1975. 'As a special favor to the City , the County would count the votes on July 9, and put the City in a position to canvass the votes on July 10. The first reading of the Redevelopment Agency Plan is scheduled for July 10; the second reading for the 1.6th of July; filing; of the Plan on July 17. This is an absolute minimum time schedule and would require special meetings prior to May 27 , to firm up on arguments to be sent out with ballots. May 27, is the last day the Elections Department will accept that information from us. Councilman Aston moved and Councilman Brush seconded t:he adoption of ORDINANCE NO. 77 , ORDERING, CALLING, PROVIDING FOR AND GIVING A NOTICE OF A SPECIAL ELECTION TO BE HELD IN THE CITY OF PALM DESERT ON TILE 8TH DAY OF JULY, 1975 , FOR THE PURPOSE OF SUB- MITTING TO THE QUALIFIED VOTERS OF THE CITY OF PALM DESERT, A PROPOSITION REGARDING THE GENERAL PLAN OF SAID CITY, and authorized the City staff to proceed with necessary business to be conducted with the County to handle this special election ; Mr. Erwin read ORDINANCE NO. 77 in full for the benefit of the public and the press present . MOTION CARRIED UNANIMOUSLY. VII . CONSENT CALENDAR A. Request by SMITH ELECTRIC for an in-progress payment for installation of traffic signals at the inter- sections of Portola and E1 Paseo, and Portola and Avenue 44 Rec : Authorize City Manager to make in-progress pay- ment to Smith Electric Case N0. TRACT 5357/HOME BUSINESS DEVELOPMENT CORP. ,. consideration of a request for time extension of one (1) year to file final tract map Rec : Set for public hearing on June 12, 1975 C. Notice of intention to circulate petition seeking INCORPORATION OF THE CITY OF LA QUINTA Rec: Receive and file D. Letter from Riverside City Hall advising adoption of their resolution supporting the creation of a South Coast Air Quality Management District as proposed by Assemblyman Lewis on Assembly Bill 250 Rec : Receive and file Councilman McPherson moved and Councilman Aston seconded that the Consent Calendar be approved as presented; carried unanimously. VIII . PUBLIC HEARING A. Application of the PALM DESERT CAB COMPANY and the CARAVAN CAB COMPANY for a permit to operate a taxi cab business Councilman Aston moved and Councilman McPherson seconded that the hearing for a taxi cab franchise be continued to the meeting of June 12, 1975; carried unanimously. -2- B. Case NO. CUP-03-75/LURIA DEVELOPMENT CO. , consideration of an appeal. filed by app1i.cant to rescind the require. ment Of an EIR for a 100--unit planned residential. development on a 20-acre site located, east of Portola, north of El Cortez , and approxi.matel.y 400 feet south of Goleta Avenue (R-1 ) Paul Williams advised Council that this item had been continued from the meeting of May 8 , to allow the applicant to provide response to findings of the staff that the project be submitted to the City for evaluation and then to Council for review. The question is whether the project proposed requires an EIR. Mr ., Williams advised that staff notified the applicant that staff is of the opinion that an EIR is required because 1 ) of the effects of the development on the date grove in which the project is to be constructed; 2 ) traffic circulation effect of the development ; 3) number of school children generated from the development ; 4 ) effect on the animal habitat in the date grove. The response from the applicant is so long that in order to be properly reviewed by staff and Council , the request was made to continue the matter to the meeting of June 12. GEORGE RITTER, 73-109 HIGHWAY ill , Architect , advised. that LURIA was willing to continue the matter as requested by staff ; however , he requested that any further requirements be mentioned so that expedition of reply could be accomplished. Councilman McPherson moved and Councilman Brush seconded that CASE NO. CUP-03-75/LURIA DEVELOPMENT CO. becontinued to the Council meeting of June 12, 1975; carried unanimously. C. Consideration of a proposed ADANDONAIENT OF A PORTION OF NORTH PALM DESERT DRIVE - located at the northeast corner .of the intersection of De Anza Way and north Palm. Desert Drive (San Carlos Avenue) Paul Williams stated that after discussion at the last _ meeting, it had been found that a number of steps would have to be taken before- Council could act on this matter. Mr . Williams requested that the matter be con- tinued to the meeting of June 26, as this item needs review by the Planning Commission before Council , for compliance with the General Plan. Councilman McPherson moved and Councilwoman Benson seconded that this matter be rescheduled for the meeting of June 26; carried unanimously. IX. RESOLUTIONS. A. RESOLUTION NO. 75-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CLAIMS & DEMANDS AGAINST THE CITY TREASURY Councilman Aston moved and Councilwoman Benson seconded that RESOLUTION NO. 75-42 , approving claims and demands against the City Treasury in the amount of $50, 701. 68; carried unanimously. X. ORDINANCES For Introduction : A. ORDINANCE NO. 76 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 6 OF ORDINANCE NO. 24 , TIME TO APPEAL -3- Mr. Hurlburt advised that action on this Ordinance would be broken up into two actions; one to pass Ordinance No. ?Ei, changingthe notification time from seven (7 ) days to ten (10) days; and two, passage of Resolution No. 75-45, to split the 25 percent overhead costs into three portions, as stated in the Resolution . Regarding Ordinance No. 76, Mr.. Hurlburt advised that all Coachella Valley cities have an abat.emc,nt time of ten (10) days, and that for purposes of standardization , Palm Desert should also allow ten ( 10) 'days. However , with an administrative extension of from two (2) to five (5) days, plus the time involved in getting the contractor on the job, the actual time lapsing until the work is commenced will. probably run into -18 to 25 days total. Regarding action on Resolution No. 75-45, splitting overhead costs into three portions as stated in the Resolution. Mayor Clark also advised Council that Frank Allen, Code Enforcement Officer , has stated that 50 percent of the dots needing abatement in Palm Desert have been taken care of , and that within .the next six (6) months to one year, the rest of the unattended lots will be in order. Councilman Aston moved and Councilman Brush seconded that ORDINANCE NO. 76 be passed to second reading; carried unanimously. Councilman McPherson moved and Councilman Brush seconded that RESOLUTION NO. 75-45 be adopted; carried unanimously. For Adoption : A. ORDINANCE NO. 75 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, CHANGING THE REGULAR MEETING PLACE OF THE CITY COUNCIL OF SAID CITY Mr. Hurlburt advised that Council Chambers would be completed about the middle of June, and that adoption of this Ordinance at this meeting would enable Council to meet in new Chambers at their meeting of June 26. Mayor Clark informed Council that the Desert Sands Unified School District is interested in holding their school board meetings in new Council Chambers, and that since they have let Council use their facilities, a reciprocation would be in order . Councilman Aston moved and Councilwoman Benson seconded that ORDINANCE .NO. 75 be adopted; carried. unanimously. Councilman McPherson .requested advice from the City Attorney as to the correct procedure to ban smoking from any meetings in the new Council Chambers. Dave Erwin advised that a resolution would be required. XI . CONTINUTING BUSINESS A. Consider matter relative to General Plan referendum Handled by Executive Session at start of Council meeting. B. CASE NO. 10C - Consideration of plot plan for the development of Phase III expansion of the Palms to Pines Shopping Center on property generally located at the southwest corner of the intersection of Highway 111 and Plaza Way Paul Williams advised that the applicant has further developed his plan and has submitted a new detailed . plot plan. In addition , they have filed a sign con- cept for the total comples, which has been reviewed by _4- the Design Review Board. As regards the sij',ni:ng, Mr . Williams advised that the D1213 is the only. body to have .revi.ewed that: portion of the program, and they recommend that the sign program be adopted only in location . The DRB_ and Planning Commission will review as part of construction-. drawing. Mr. Williams further advised that it is staff recommend- ation that the City Council by RESOLUTION NO. 75-36 approve the applicant ' s plot plan and architectural concept including the sign concept for Phase III of the Palms to Pines Shopping Center , , subject to con- ditions attached . ROY CARVER, developer, Phase III , Palms to Pines , com- plimented the DRB on their professional knowhow and their understanding of some of the problems developers have. His only objection was with with he termed ".fine-tuning in conditions of approval. " Regarding Item #5, undergr.ounding of utilities, Mr . Carver questioned the reasoning behind it being required for their complex , when the rest of the complex has above ground utilities. Mr . Carver suggested that the rest of the complex should be undergrounded and that property owners should split the cost involved in undergrounding the entire complex, or that he be allowed to forego underground utilities as the rest of the com- plex had done. During discussion by Council in regards to this item, it was noted that the entire Palms to Pines is above ground (utilities) , and that the project was originally County approved. Mr. Carver stated that he would be willing to pay for his share if a district were formed by the City. Mr . Hurlburt advised that it would be many years before there would be sufficient monies to spend on that. particular area, and the City would stand the chance of overground lines for a long time, if they weren 't undergrounded now: Councilman Aston moved and Councilman McPherson seconded that RESOLUTION NO. 75-36 be approved subject to the conditions as set forth in the attachment ; carried unanimously. C. Consideration- of petition filed by J. E. SIMPSON indica- ting an objection to the operation of ELLIS J. BRACE, 45-896 San Luis Rey, acupressure and physical therapy. Paul Williams advised that Ellis Brace is in full com- pliance with the City ordinance, and that Mr . Simpson should be so advised. Mayor Clark informed ,Council that the restrictions are being worked over and that they are being tightened and strengthened. Paul Williams stated that the PC is trying to clean up residential zones . Councilman Aston moved and Councilman McPherson seconded that the Council find the operation in conformance with the present zoning ordinance and directed the City Manager to notify Mr . *Simpson; carried unanimously. XII . CONSENT ITEMS HELD OVER None -5- XIII . NEW BUSINF,SS A. Consideration of acceptance of a. Deed of Easement from PACIFIC SOU'111WLST REALTY COMPANY for a 1.4 ' wide portion of Portol.a Avenue between El. Pasco and Larrea Street to be util. i.zed by the City for installation and [M.Li.nteii- ance of traffic signals at the intersection of El Paseo and Portola Counci..11rran Aston moved and Councilman McPherson seconded that the Deed of Easement be -accepted' and directed the City Clerk to record the easement agreement and payment of.. $1 be 'authorized.; carried unanimously. B. Consideration of bids received for the City ' s FOG SEALING PROGRAM for this year Paul Williams advised that 24 streets in Palm Desert were being sealed under this program, and that the estimate from Crown Asphalt Coating Company is $500 under the estimate as outlined in the City ' s budget . Councilman McPherson requested that the program be coordinated with the Water District until water work is completed on any roads to be sealed, rather than seal them and have to do it over. Councilman Brush moved and Councilwoman Benson seconded that the City accept the low bid of $5, 700 from Crown Asphalt Coating Company for the City ' s Fog Sealing Program and authorized the Mayor to sign the contract ; carried unanimously. C. Request from RETIRED SENIOR VOLUNTEER PROGRAM for City support in the amount of $1, 514 Councilman Aston moved and Councilman McPherson seconded that until such time as the City has established an inventory of sociological needs and a policy relative to financial support of non City services, the City not approve requests of this nature; carried unanimously. D. Letter from IMPERIAL, RIVERSIDE & SAN DIEGO COUNTIES COMPREHENSIVE HEALTH PLANNING ASSOCIATION requesting allocation of funds in the Palm Desert 1975-76 budget to them, based upon $. 03 per City resident ; such funds to be used as "matching" funds Councilman Aston moved and .Councilman McPherson seconded that until such ••time as the City has established an inventory of sociological needs and a policy relative to financial support of non City services, the City not approve requests of this nature; carried unanimously. E. Request from WILLIAM J. ELLIOTT, COMPLETE CONSTRUCTION, Beaumont , regarding parking relief at 73-820 Avenue 44 , where dwelling was destroyed by fire Councilman McPherson moved and Councilman Brush seconded that Council take no action and that William Elliott be notified that this request must be filed as a variance to be processed through the Planning Department to the Planning Commission ; carried unanimously. F. DONNA E. DREWS, Parcel No. 625-021-001 , Goleta. Abate- ment costs - in the amount of $692 'pl.us administrative charges of $1.73 . Check received from Donna Drews for $692, requesting waiver of the $173 administrative costs, as she was out of town when Notice to Abate was received and her landlord signed registered letter Mr . Hurlburt requested that this item be removed from the Agenda to be handled administratively, in view of the fact that Council approved RESOLUTION NO. 75-45. XIV. ORAL COMMUNICATIONS A. ROLAND F. SWEET, 75-537 PINYON STREET, PALM DIsSERT, delivered a statement regarding the ridiculousness of :. the situation wherein a splinter group was trying; to represent the majority of citizens in Palm Desert in demeaning the value .of the General Plan. Mr . Sweet stated that he has three developers interested in build- in Palm Desert ,. but because of the suspended status of the General Plan , they are unable to go ahead with their plans. Mayor Clark asked Dave Erwin to reply to' this statement by Mr . Sweet , and Mr . Erwin advised Mr . Sweet that there was nothing to restrict his developers from pro- ceeding. Mr. Sweet advised Council that the general public is not qualified to decide on the validity or correctness of a' General Plan ; .that the City has qualified , competent personnel , with the best •inter.ests of the City and citizens in mind. The complete text of Mr. Sweet ' s comments are attached to the original minutes of this meeting. XV. REPORTS AND REMARKS A. City Manager None B. City Attorney None C. Mayor and City Council COUNCILMAN McPHERSON requested information as to what was being done about the flies and mosquitos in the Valley area, and asked whether or not staff could get in touch with the Mosquito Abatement .District for a progress report . Mayor Clark stated that. six or eight months ago the City appointed a member to the Mosquito Abatement Commission and suggested that a question of this sort be directed to our appointee. Councilwoman Benson advised that there is a report on file as to the progress made last year and what will be done this year. Mayor Clark requested that staff get ,a report from the Commission and/or the Mosquito Abatement Board. COUNCILMAN McPHERSON requested that staff prepare a . resolution prohibiting smoking at any meetings held in the new. Council Chambers. COUNCILMAN BRUSH expressed concern about bike riders on Portola Avenue north of Haystack Road, where the road narrows and riders are too close to cars traveling north on Portola. Paul Williams advised that the narrow part of Portola is Indian Wells property , and that staff would look into the poss- ibility of an agreement with Indian Wells to widen the road at that point . -7- COUNCILMAN BRUSH commented that in connection with the referendum and the letter circulating in the community wherein the Referendum Committee suggests that certain changes can be made in the General Plan , and that all "�• the City need do is sit down with the Committee and make those changes; it is his opinion that if Counci.l makes changes to accommodate three or four people, the acceptability of those changes to the balance of . the community is questionable, and that the Council is agreeing. to government by, a very small minority in the community. It is his feeling that Council had no other choice than to set an election , and that not it is up to the citizens of the community to decide who is to run the City Government - the elected officials or a splinter group such as the. Concerned Citizens. The complete text of Councilman Brush' s comments are attached to the original minutes of this meeting. XVI . ADJOURNMENT Councilman McPherson moved and Councilman Aston seconded that the Council adjourn at 9:20 P.M. , and reconvene Tuesday, May 27 , 1975, at 5: 00 P. M. , in the Palm Desert City Hall , for the pur- pose of Executive Session to discuss the referendum election on the General Plan; carried unanimously. HARVEY L. HURL"31JRT, City Clerk ATTE�l!ST: HENRY B. ARK, MAYOR _g_ -7a- CITY OF PALM DESERT STAFF REPORT TO: Planning Commission REPORT ON: Consideration of time extension of previously approved Tract 5357 CASE NO: Tract 5357 (TIME EXTENSION) APPLICANT: HOME BUSINESS DEVELOPMENT CORPORATION I. REQUEST: That the Planning Commission approve a one year extension for the approval previously granted on Tract 5357. II. STAFF RECOMMENDATION: That it be moved by Resolution No. 51 that the Planning Commission approve a one-year extension on Tract 5357. Justification is based upon: 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,,,_ - -- _- — - =S III. BACKGROUND: A. Location - Southwest corner of the intersection of Deep Canyon Road.and Abronia Trail having the street address of 45-301 Deep Canyon Road. (See map) B. Size - 1.81 acres C. Existing Roads - Sunrise Lane, Abronia Trail, Deep Canyon Road D. Existing Land Use - 22 unit apartment (12.1 d.u. per acre density) E. Surrounding Land Use - Apartments, condominiums and motels F. Existing Zoning - R-3-4000 G. Surrounding Zoning - R-3-4000 and R-3** H. General Plan Elements - The General Plan indicates the vicinity as medium density residential with 5-7 d.u. per acre. I. Previous Actions - C.U.P.-13-74PD was approved by the City Council on June 13, 1974 to permit the conversion of the existing apartments to condominiums. J. Agency Recommendations— County Road Dept. - No objections County Health Dept. - No comments C.V.C.W.D. - No objections Fire Protection - No comments "ey —`L- C K. Environmental Assessment - The Environmental impacts were evaluated as a part of the consideration of the C.U.P. and a negative declaration was completed. No further environmental considerations are required. IV. DISCUSSION: The project, as approved by the Planning Commission one year ago, still meets all ordinances and requirements and is compatible to the newly adopted General Plan. Therefore, nothing has occurred which would justify a denial of the extension being sought. The- extension, if granted, would mean that the plot plan and conversion concept is approved. Final conversion plans, including provisions for lighting, landscaping, etc. , will have to be submitted to the Design Review` Board. This procedure will allow for more detailed review, and will ensure that the project will be carried out in accordance with high development standards. 45-275 Prickly Pear Lane P.O. Box 1648 Palm Desert, Ca. 92260 Ph. 346-0611 May 20, 1975 CITY OF PALM DESERT NOTICE OF PUBLIC HEARING TRACT 5357 Pursuant to Section 18 . 26 of the Palm Desert Zoning Ordinance, notice is hereby given that a public hearing will be held before the Palm Desert City Council to consider a request from HOME BUSINESS DEVELOPMENT CORPORATION to ex- tend the filing period for one year for the final tract map for the condominium conversion of existing dwelling units situated west of Deep Canyon Road and south of Abronia Trail, the property being more appropriately described as : Assessor ' s Parcel # 625-125-002 . # 625-145-001 Said public hearing will be held on Thursday, June 12 , 1975 at 7 : 00 p .m. in the Multi-Purpose Room of the Palm Desert Middle School, 74-100 Rutledge Way, Palm Desert , California, at which time and place pertinent testimony will be heard. Paul A. Williams Director of Environmental Services 45-275 Prickly Pear Lane P.Q. Box 1648 Palm Desert, Ca. 92260 Ph. 346-0611 May 1, 1975 Mr. Edward Grant Deputy Commissioner State Department of Real Estate 107 South Broadway, Room 8107 Los Angeles , California 90021 Reference: Whispering Sands Ui--a File No. 36464, Tract No�5357 Dear Mr. Grant : Please be informed that this project has been awarded a Negative Declaration. The attached forms should provide sufficient documentation. Sincerely, Sam Freed Assistant Planner attachments cls w N HOME BUINESS DEVELOPMENT GOAPORATI O O 701 BROADWAY P. O. BOX 1829 SAN DIEGO, CALIFORNIA 92112 714-239-2640 April28, 1975 1 City of Palm Desert �1'��� Planning Departments 45275 Prickly Pear Lane v . Palm Desert, CA 92260 Gentlemen: We are currently filing an application for public report with the State Department of Real Estate. One of their requirements is that the City Planning Department submit a statement showing that this project was exempt from Environmental Impact Report regulations. I would appreciate it if your agency would supply this information to the Department of Real Estate. Please send your letter to Mr. Edward Grant, Deputy Commissioner, State Department of Real Estate, 107 South Broadway, Room 8107, Los Angeles, CA 90012. Refer to our project as the Whispering Sands Villas, File Number 36464, Tract Number 5357. I would appreciate a copy of your letter also as it would complete my files. Thank you for your action in this matter. Sincerely, Ted G. Hendrickson Project Manager cc: Mr. Edward Grant Deputy Commissioner EIR-v*ORM 117 CITY OF PALM DE''SLRT NOTICE OF DE-11,EI (NATION Case No. �� 53 r7 Applicant: )JONIE I1i1ST1ql?SS nENE1,0AIRNT CORD 70) Broadway, San Diego Ca)if. 92112 Description of Project: Condomi.ni.um conversion of: existing, 22-unit Whispering Sands apartment complex, located at 45-301 Deep Canyon .Road. E. I,R. City Council Action E.I.R. Required Yes _ No X (see attached form) Date: July.10, 1.974 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: July 99y 1974 Action: Approved by Planning Commission Date Filed with County Clerk July 30, 1974 cc: File Applicant Can`�MY� (,l�tR-►:. �Cn i I�rr 1n=GllifiCrlc7TJ - h9dress �_•� S - Uora Burinesla Devclop:xnt Corp., 82•-640 l?inh --7 111, Indio, CA 92201 I'S-���:CL •II:Li� i:.:1 l c:._. ....�5.�:17 ._...._.-..,..� ..`._..... Conditional Use Per.-At 1562-E; Planned residential develort^ent, convrt apartments to conuam£niums. f ro,ic c t"Lacs c i cn Deep Canyon and Driftwood, Palm Uasert. is .as . !�v n. -'_• _r-3 s' .. n: �,_ Oil :h= DltC.: �YJuly 10, 3.973.`. - TOUD F. BEEL { ASSOCII.TE PLkN.N h r 0 . cc: Desert Office ARCHI`lECTu':cAL REVIEW BOARD ACTION REPORT Case Tract 5357 (Addendum) Date February 11, 1975 CITY OF PALM DESERT To: Report on: Proposed PARKING LOT & RELATED LANDSCAPING Case: Tract 5357 (Addendum) Zone: R-3-4000 Location: INTERSECTION OF DEEP CANYON & ABRONIA TRAIL Applicant: A R E ASSOCIATES Nature of approval sought: Approval of plot and landscaping plans. ARB ACTION: After reviewing the submitted plans and the presentations by the Staff .and by the applicant, the ARB APPROVES this project, subject to the attached conditions: Date of action: February 11, 1975 Motion made by: Williams Seconded by: Van De Mark Vote: Approved 5-0 Reasons for negative vote(s) : CONDITIONS OF APPROVAL CASE #Tract 5357 (Addendum) 1. The development of this project shall conform substantially to all development plans submitted in behalf of this case (Exhibit A) and as revised according to Planning Commission action. Any minor changes require approval by the Director of Environmental Services. Any substantial changes require approval by the Planning Commission. 2. All requirements of any law, ordinance, or regulation of the State, City, and other governmental entity shall be complied with as Dart of the development process. 3. This approval is appli_cable, .subject to the development of this project commencing within one year from approval date and be promptly completed. 4. All service lines shall be placed underground. 5. Curb, gutter, curb outs, and .tie-in paving shall be provided as shown in accordance with Riverside County standards. 6. Lighting of parking area stall be provided for as approved by the Director of Environmental Services. 7. Walkways shall be provided as shown. 8. Noncombustible trash storage areas in parking area shall be provided as shown, and in accordance with Ordinance No. 56. 9. Landscaping shall be provided as shown with ber;ns to a height of 3' , with shrubs and trees planted along Deep Canyon and the corner of Abronia and Sunrise; and with hedges (5' .in height) along Abronia. Landscaped areas to be automatically irrigated. /t ARE ASSOCIA'_ ; [L[ETY E W T&U-SUTT IL �1-71� Hwy. 111 INDIO, CA. 92201 DATE � JO8 N� (714) 347-4007 ATTENTION TO R i GENTLEMEN: WE ARE SENDING YOU kAttached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION /'tP�',.�0 91,o75 CITVOf P VI CES THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints For review and comment ❑ /❑ FOR BIDS DUE 19 PRINTS RETURNED AFTER LOAN TO US REMARKS e COPY TO SIGNE It enclosures are not as noted, kindly notify us t once. roan¢aao—xew bri.m eu:mess xreiu,iM..ro.nsme,M.::. - z; 11 Zu 45-275 Pri;kly Pear Lane P.O. Box 1648 Palm Desert, Ca. 92260 Ph. 346-0611 February 18 , 1975 - 3 Safeco Title Insurance Company j 3525 14th Street . P.0. Box 111 Riverside, California 92501 "Reference: Tract #5357 Gentlemen: Please be advised that you may inform the Department of Real Estate of the following zoning designations : (1)'. Parcel 1 (625-145-001) : R-3-4000. (2) . Parcel 2 (625-125-001, 002) : R-3-4000 . Please contact this office if you have any questions . ...-,V.ery truly yours , Sam Freed Assistant Planner Department of Environmental Services cls Enclosures SAFECO TITLE INSURANCE COMPANY SAFECO 3525 14TH STREET, P.O. BOX 111, RIVERSIDE, CALIFORNIA 92501 • (714) 684-1400 TITLE December 26, 1974 f ,sJ 1974 City of Palm Desert 45"275 Prickly Pear Lane P.O. Box 1648 Palm Desert, California 92260 Attention Paul A. Williams Re: Tract 5357, Home Business Development Corp, Gentlemen: Would you kindly forward us the following letters in connection with the above referenced subdivision for the benefit of the Department of Real Estate: 1) A letter addressed to the Department of Real Estate with reference to the zoning applicable for subject property as well as adjacent property as indicated on the attached assessor's map; 2) A signed copy of the E,I.R. Assessment Evaluation and/or copy of Negative Declaration, 3) A copy of the approval letter from the City Planning Commission, Your early attention to this matter would be greatly appreciated. Sincerely, r (R chard E'. " ones Title Officer jvb MEMBER: AMERICAN LAND TITLE ASSOCIATION 0 CALIFORNIA LAND TITLE ASSOCIATION ' ARCHU—C iURAL REVIEW BOARD ACTION REPORT Case: Tract 5357 (Addendum) Date February 11, 1975 CITY OF PALM DESERT To: Report on: Proposed PARKING LOT & RELATED LANDSCAPING Case: Tract 5357 (Addendum) Zone: R-3-4000 Location: INTERSECTION OF DEEP CANYON & ABRONIA TRAIL Applicant: A R E ASSOCIATES Nature of approval sought: Approval of plot and landscaping plans. ARB ACTION: After reviewing the submitted plans and the presentations by the Staff ..and by the applicant-, the ARB _ APPROVES this proj.ec:t, subject to the attached conditions: Date of action: February 11, 1975 - Motion made by: Williams Seconded by: Van De Mark Vote: Approved 5-0 Reasons for negative vote(s) : i r CONDITIONS OF APPROVAL CASE #Tract 5357 (Addendum) 1. The development of this project shall conform substantially to all development plans submitted in behalf of this case (Exhibit A) and as revised according to Planning Commission action. .Any minor changes require approval by the Director of Environmental Services. Any substantial changes require approval by the Planning Commission. 1... All requirements of any law, ordinance, or regulation of the State, City, and other governmental entity shall be complied with as part. of the development process. :{. 'this approval is applicable, subject to the development of this project commencing within one year from approval date and be promptly completed. All service lines shall be placed underground., 5. Curb, gutter, curb outs, and tie-in paving shall be provided as shown in ,accordance with Riverside County standards. 6. Lighting of parking area shall be provided for as approved by the Director of Environmental .-Services. 7. Walkways shall be .provided as shown. ' 8. Noncombustibletzash storage areas in parking area shall be provided as shown, and in accordance with Ordinance No. 56. 4. Landscaping shall be provided as shown with berms to a height of 3' , with shrubs and trees planted along Deep Canyon and the corner of Abronia and Sunrise; and .with hedges (5' .in height) along Abronia. Landscaped areas to be automatically irrigated. • •- • • I . •• "�j� DWI ar' V / / p T', 45-275 Prickly Pear Lane P.O. Box 1648 Palm Desert; Ca. 92260 Ph.346.0611 REPORT OF PLANNING COMMISSION ACTION DATE July 30, 1974 APPLICANT Home Business Development Corp. 701 Broadway San Diego, Cal. 92112 CASE NO. Tent. Tract 5357 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of July 29, 1974 CONTINUED TO DENIED X APPROVED SUBJECT TO THE ATTACHED CONDITIONS PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION X PLACED ON THE AGENDA OF THE. CITE' COUNCIL OF August 22, 1974 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. Paul A. Williams, Secretary Palm Desert Planning Commission Co u N Tp ESTABLISHED IN 1918 AS A PUBLIC At Y Ql 01STRIG1 COACHELLA VALLEY COUNTY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE(714) 398-2651 DIRECTORS - - - OFFICERS LEON KENNEDY,PRESIDENT LOWELL O. WEEKS,.GENERAL MANAGER-CHIEF ENGINEER RAYMOND R. RUMMONDS,VICE-PRESIDENT • OLE J. NORDLAND, SECRETARY GEORGE H.LEACH WALTER R. WRIGHT,AUDITOR C. J.FROST - REDWINE AND SHERRILL, ATTORNEYS WILLIAM B.GARDNER - ` , R�CF_j V ZC) July 12, 1974 JUL. 16 19M PIVA D"Sr RZ Ca l r!{,LL File: 0163. 11 City of Palm Desert Planning Commission Palm Desert, California 92260 Re: Conditions of� Serv+se;�ectioir� 21 , T5S, R6E, Tract No. 53571 Gentlemen: The Coachella Valley County Water District will furnish domestic water and sanitation service to said tract in accordance with the currently prevailing regulations of this District. The District requests that the attached Conditions of Approval be included With your recommendations. Very truly yours, owell 0. Weeks Gene al Manager-Chief Engineer DLC:oc File No. _ 016,3. 11 Coachella Valley County Water District Coachella, California PROPOSED CONDITIONS OF APPROVAL TRACT OR CONDITIONAL USE CASE City of Palm Desert Attachment to Letter to Vk4+MWtYil:r' V Planning Commission dated duly 12, 1974 Parcel Map No. Tract No.5357, !�V,_c. 21 , Date duly 12, I9 74 Conditional Use Case Conditions 1 . Area shall be annexed to Improvement District(s) of the Coachella Valley County Water District for domestic water service. XX 2. Area shall be annexed to Improvement District(s) No. (s) 54 & 80 of the Coachella Valley County Water District for .sanitation service. 3. Area shall be annexed to the Coachella Valley Stormwater Unit of the Coachella Valley County Water District. 4. Plans for stormwater protective works shall be submitted to the Coachella Valley County Water District for review. XX 5. The interior drainage shall conform„to the provisions of the "Comprehensive Plan for Surface Water Drainage .for Palm Desert" approved by the Board of Supervisors in 1g68. 6. The District will need additional facilities to provide for the orderly expansion of its domestic water system. These facilities may include wells, reservoirs and booster pumping .stations. The developer will be required to provide land on which some of these facilities will be located. These sites shall be shown on the tract map as lots to be deeded to the District for such purpose. . 7- CVCWD-021c (Rev. 11-73) CITY OF PALM DESERT CONDITIONS OF APPROVAL Tentative Tract No. 5357 1 . All improvements shall conform with County Subdivision Standards Schedule A unless modified by these conditions . 2. All street improvements shall be designed and constructed in con- formance with Riverside County Road Improvement Standards. Curb, gutter and tie-in paving shall be installed along Abronia Trail,.' Deep 'Canyon=Road,iand_Sunrise Lane at argrade. and. al,ignment sub- ject. to approval. of the County Road Commissioner. 3. Prior to recordation of the final subdivision map, the applicant shall submit to the Commission the following documents which shall demonstrate to the satisfaction of the Commission that the total project will be developed and maintained in accordance with the intent and purposes of the approval: a. The document to convey title. b. Covenants and restrictions to be recorded. C. Management and maintenance agreement to be entered into with the owners of the units of the project . 4. The approved documents shall be recorded at the same time that the subdivision map is recorded. 5. 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 manage- ment company shall have the right to lien the units of the owners who default in the payment of their assessments. 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 com- pany. 6. In regard to sanitation service and drainage, the Coachella Valley County Water District letter, dated July 12 , 1974, shall apply. 7. In regard to fire protection, requirements of C.U.P. 13-74PD shall apply. 8., The development of the property described herein shall be sub- ject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations and re- strictions of all municipal and county ordinances and state and federal statutes now in force, or which, hereafter, may be in force for the purpose of preserving the residential characteris- tics of adjacent properties. 9. A valid conditional use case shall be in effect at the time of recordation of the final map. 10. In order to provide reasonable fire protection during the con- struction period, the subdivider shall maintain passable ve- hicular access to all buildings and adequate fire hydrants with required fire flows shall be installed as recommended by the County Fire Department . CONDITIONS OF APPROVAL -2- Tentative Tract No. 5357 11 . Street trees shall be planted along all road frontages in accor- dance with Street Tree Planting Ordinance No. 457. 19. A land- scaping, grading, lighting, amenities, trash storage, walkway layout , and irrigation plan shall be submitted to the Director of Environmental Services for approval. The landscape plan shall include a substantial number of full-size trees. A minimum of one tree per unit , no, smaller thanjthe height of the unit adja- cent thereto, shall be planted and maintained. No final inspec- tion or occupancy shall be given by the Building Division to this project until the approved plans shall have been completed. 12. Prior to the recordation of a subdivision map for any use contem- plated by this approval, the applicant shall first obtain permits and/or clearance from the following public agencies: Department of Public Health County Road Department Water Quality Control Board #7 Department of Fire Protection (Perris) C Coachella Valley County Water District Evidence of said permit or clearance from the above agencies shall be presented to the Division of Building and Safety. 13. This approval shall be used within one year after final proceed- ings before the Palm Desert City Council , otherwise it shall be- come null and void and of no effect whatsoever. By "use" is meant recordation of a subdivision map and compliance with the above conditions. 14. All electrical and cable T.V. service to the buildings on the subject property shall be connected by underground feed. CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report On: Consideration of Tentative Tract Tract No. 5357 Applicant : Home Business Development Corp. I . REQUEST: That the Planning Commission recommend approval to the City Council of a statutory condominium on property known as a Whispering Sands Apartments. II . RECOMMENDATION: That the Planning Commission recommend approval to the City Council of Tract No. 5357 subject to the attached condi- tions. Justification is based upon: 1. The proposed subdivision is consistent with the General Plan. 2. The proposed site is physically suited for the proposed development . 3. The proposed development will not cause substantial en- vironmental damage. 4. The proposed subdivision is in comformance with all re- quirements of Ordiance No. 460 (County Ordinance adopted by reference) regulating subdivisions and the State of California subdivision Map Act . III . BACKGROUND: A. Location - Southwest corner of the intersection of Deep Canyon Road and Abronia Trail having the street address of 45-301 Deep Canyon Road. B. Size - 1.81 acres C. Existing Roads - Sunrise Lane ,.Abronia Trail e Dep Canyon Road D. Existing Land Use - 22 unit apartment (12 . 1 d .u. per acre density) E. Surrounding Land Use - Apartments, condominiums and motels F. Existing Zoning - R-3-4000 G. Surrounding Zoning - R-3-4000 and R-3** i STAFF REPORT Tract No. 5357 -2- H. General Plan Elements - The Cove Communities General Plan indicates the property as high density residential with 10-20 d.u. per acre. I . Previous Actions - C.U.P. -13-74PD was approved by the C.C. on June 13, 1974 to permit the conversion of the existing apartments to condominiums. J. Agency Recommendations - County Road Dept . -. No objections County Health Dept . - No comments C.V.C.W.D. - No ojbections Fire Protection - No comments K. Environmental Assessment - The environmental impacts were evaluated as a part of the consideration of the C.U.P. and a negative declaration was completed. No further environ- mental considerations are re- quired. IV. ANALYSIS This tentative map encompasses the conversion of an ex- isting 22-unit apartment complex to a condominium development as con- sidered previously as CUP-13-74PD. As a part of this conversion the recommended conditions of approval do require the installation of curb and gutters on all street frontages and the extension of water lines to serve this project . DEPARTMENT OF FIRE PROTECTION Q7[� _ IN COOPERATION WITH THE JUL 2 5 IJI 1 J CALIFORNIA DIVISION OF FORESTRY �CO_U.NTY PALK(I D-1-SE i�CiTY 'iALL R]VERSIDE J. ELMER CHAMBERS �.. ,,,A -ss P.O. BOX 248 COUNTY FIRE WARDEN C STREET & SAN JACINTO AVE. PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 July 24, 1974 Paul Williams Director of Environmental Services City of Palm Desert P.O. Box 1648 Palm Desert, California 92260 535� Reference: Tract No. 53H P.D. Gentlemen: The Riverside County Department of Fire Protection has no recommendations at this time. Fire protection requirements were established on Conditinnal Use Case "No. 13-74 P.D. G ORG , CHULTEJ Fire P tection Planning and -Engineering Officer GJS:jl 1111 V ram._. '�:1:'==' '.•,s.�.fiLL:�!��:i,,..:il.lrl.i.:l gym' _L':C7G1L'lltDu '••'i 45-275 Prickly Pear Lane P.O. Box 1648 Palm Desert, Ca. 92260 Ph. 346-0611 REQUEST FOR CONDITIONS OF APPROVAL Project Home Business D_eve_lonment CorrZ_ 1 Rrr�adwa�� gap ni go, CA Case No. Tentative Map 5357 Enclosed please find materials describing a project for which one of the following is being requested: Conditional Use Permit Variance General Plan Amendment Parcel Map Change of Zone Tentative Map _X Public Use Permit Other The attached data was prepared by the applicant and is being forwarded to you for comments and recommended Conditions of Approval . The City is interested in the probable impacts on the national. environment (e . g. water and air pollution) and on public resources (e. g. demand for schools , hospitals , parks , power generation, sewage treatment , etc . ) . Your recommendations plus any attached maps sent to you should be returned to the Revvew Committee , P.O. Box 1648, Palm Desert , CA 92260 , no later than the third Monday of this month. Non- receipt of a reply will be considered as an approval . Any person wishing to attend the Review Committee hear�LatlO ho-u-ld_ appear at 45-275-Pi-ckly Pe Lane, of Palm Desert A .1r1, on Wednesday , July 24 , 1974 Very truly yours , ° J\ � .�. Paul A . Williams , Director of Environmental Services j1 PLANNING, COMMISSION ' COUNTY RIVERSIDE aiY .1m ELMER M. KATZENSTEIN,Chairman,Rubidoux RUSSELL E.CAMPBELL,Blythe KAY S.CENICEROS,Hemet MARION V.ASHLEY,Perris JESS E.LILLIBRIDGE,Corona HAZEL I. EVENSEN,Planning Q KAY H.OLESEN,Palm Desert Commission Administrative Secretary WM.G.ALDRIDGE,San Jacinto JAMES L. WHITE -ACTING PLANNING DIRECTOR 4080 LEMON STREET, ROOM 101, RIVERSIDE, CALIFORNIA 92501 TELEPHONE (714) 787-6181 July 23, 1974 Indio Administrative Center 46-209 Oasis Street, Room 304 EDD:2483DO Indio, California 92201 P Iz_CFZLiV (714) 347-8511, Ext. 278 Paul A. Williams J U L 2 4 974 Review Committee �A�fll DrESLE I Cil'►'),.._.. P.O. Box 1648 Palm Desert, California Re: Tentative Tract Map No. 5357 Dear Mr. Williams: As per your letter of July 9, 1974, regarding recommendations for Tract No. 5357, we provide the following comments. The project may require that a reversion to acreage be filed in order to eliminate any problems regarding the old lot lines. If we can be of further assistance, please feel free to contact our office. Yours very truly, RIVERSIDE COUNTY PLANNING DEPARTMENT A. E. Newcomb - Planning Director ;eith,D. Downs .- Associate Planner KDD:nlw Encl. cc: Riverside Office CITY PALM DESERT, CALIFORNIA w'T? 00118 TREASURER'S RECEIPT DATE: 2 AMOUNT: s / 7 RECEIVED FROM: IU h C DISTRIBUTION -, U m IN PAYMENT OF: ACCOUNT AMOUNT a <Y n "d T Z I $ �z �° t W, Z `�=� D �" ".O Ii Z.H w mu v ;m F" � t7 W ® Z z RECEIVED BY: . - TOTAL $ 7,7 10:70 20Y ,. STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY RONALD REAGAN, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 8, P.O. BOX 231 SAN BERNARDINO, CALIFORNIA 92403 REC__1V D July 15, 1974 08-Riv-111-38.1 JUL 1. 6 1974Tentat4-v' Tract N �5357� HU C>4KE i CI r 11-I , City of Palm Desert P. 0. Box 1648 Palm Desert, CA 92260 Attention Review Committee Gentlemen : Thank you for the opportunity to review and comment on Tentative Tract Map No. 5357. We have no specific comments to offer as this development is removed from any existing or proposed highway. However, we would like to note that State Highway Route 111 is the major transportation facility providing access to this area. The highway is presently operating at approximately 807, of its capacity. . We note that in the recent past there have been several developments proposed along Routes 74 and 111 in and near Palm Desert. In view of these conditions, we feel consideration should be given to the impact that traffic-inducing developments could have on transportation in the area. Small residential developments should not have a noticeable effect. However, each one would. add. something to the highway traffic. Our ability to react and schedule improvements as a response to congestion is quite limited.. Often they cannot be scheduled in a timely manner. The cumulative impact of new development without improve- ments in the transportation system could be- very inconvenient to the public. Very 'truly yours , R. E. DEFFEBACH District Director By Robert Pond Project Studies Coordinator ':RIMERS IDY-1 (11011YT.f pxxvlm Cow S 1.0m �11 1.V 5 k S 14""NE, LAND DIVISION 1TWORKhTION SHE'ET LAND DIVISION NO.,f3 E. I.A. P FILING DASE 14AIVER SCHEDULE SUBDIVISION END OF E.I.A. rm :�JRDTVIDFR:R 50 DAYS LAST P/C LAST B/S ENC LAITD DIV. COM.K. MTG. DATE,,,:/:� Map Distribution Date Revised TITLE CO: Resubmitted Agenda.Sent DIS-11ITBUTION: Conditions Sent Af�sessor Building Dept E.A. FEE F.C. FEE , Urvc,yor GEN. FEE '-13 TOTAL �0 T-lealth Off Icer Revi,3ed Fee st. j)iv. of Fore ,-;try Receipt Written No. flood Control. Riv. Co. C.V.C.W.D. Other (A ANALYSIF Power Co. : S.C.E. /,-�Otber: Area or District(�,-4/ Cas Co. : S.C. A'Other: Supervisorial District Telephone: Gen. 1-�Pac. a Other No. of Lots I/ Acres Estate Commissioner Minimum Lot Size opt . of Trans. #8 #11 Soil Class. No,. C,Jl Road Book Page Number war er Co. D sity of Proposal. F.H-A. General Plan Designation ,)(�Surt Office 10411, sc,,001 District Zone Cr-,mrilssloner RELATED FILES'. C.Z. Sheriff's Dept. Other spacif;-w Plan !OCATION: XDD:cbr 8-16-73 PD-73-46 Southern California Edison Company - 36-100 Cathedral Canyon Drive Cathedral City, California, 92234 FIZ July 15, 1974 JUL 17 1974 PALMII DESERT CI 1Y P City of Palm Desert Review Committee P. 0. Box 1648 Palm Desert, California 92260 Attn: Mr. Paul A. Williams Director of Environmental Services Re: Tentative=4#5357 Gentlemen: The Southern California Edison Co. presently serves the buildings within this proposed tract and as such we have no recommendations or comments on the above tract. Yours truly, W. E. Crumpacker Customer Service Planner WEC:jy Enclosures �ouNrip ESTABLISHED IN 1918 AS A PUBLIC E :Y bISTRIC' COACHELLA VALLEY COUNTY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (714) 398-2651 DIRECTORS OFFICERS LEON KENNEDY,PRESIDENT LOWELL O.WEEKS,GENERAL MANAGER-CHIEF ENGINEER RAYMOND R. RUMMONDS,VICE-PRESIDENT OLE J. NORDLAND, SECRETARY GEORGE H. LEACH WALTER R. WRIGHT, AUDITOR C. J. FROST REDWINE AND SHERRILL, ATTORNEYS W ILLIAM B. GARDNER RECE END July 12, 1974 JUL 16 1974 PALM DESERT Cay HALL File: 0163. 11 City of Palm Desert Planning Commission Palm Desert, California 92260 Re: Conditions of e v-iee;Se16_FF6 21 , T5S, 6E, Tract No. 5357 Gentlemen: The Coachella Valley County Water District will furnish domestic water and sanitation service to said tract in accordance with the currently prevailing regulations of this District. The District requests that the attached Conditions of Approval be included with your recommendations. Very truly yours, owell 0. Weeks Gene al Manager-Chief Engineer DLC:oc I File No. 0163. 11 Coachella Valley County Water District Coachella, California PROPOSED CONDITIONS OF APPROVAL TRACT OR CONDITIONAL USE CASE City of Palm Desert Attachment to Letter to MVW§)gW XW Y Planning Commission dated July 12, 1974 Parcel Map No. Tract No.5357,' sec. 21 , Date July 12, 19 74 R6E Conditional Use Case Conditions I . Area shall be annexed"to Improvement District(s) of the Coachella Valley County Water District for domestic water service. XX 2. Area shall be annexed to Improvement District(s) No. (s) 54 & 80 of the Coachella Valley County Water District for sanitation service. 3. Area shall be annexed to the Coachella Valley Stormwater Unit of the Coachella Valley County Water District. 4. Plans for stormwater protective works shall be submitted to the Coachella Valley County Water District for review. XX 5. The interior drainage shall conform to the provisions of the "Comprehensive Plan for Surface Water Drainage for Palm Desert" approved by the Board of Supervisors in 1968. 6. The District will need additional facilities to provide for the orderly expansion of its domestic water system. These facilities may include wells, reservoirs and booster pumping stations. The developer will be required to provide land on which some of these facilities will be located. These sites shall be shown on the tract map as lots to be deeded to the District for such purpose. ,7• CVCWD-021c (Rev. 11-73) ROAD DEPARTMENT ^ w Tos City of Palm Desert, ngTEs July 9, 1974 Attention: Paul Williams. CE FRO�s Robert P. Brock, Desert Office Engineer. JUL 10 1974 Rom: Tentative Tract Map No. 5357. PAUA.DOE T CR jALL RECOMMENDATION: Recommend curbs and gutters and tie-in paving, to help solve drainage problems in this area, as a condition of approval. Very truly yours, RPB/ra R.P.B. Attachment: Tent.Tract Dwg. GEN. FORM 4, 3/65 i Circulation of Tent . Maps , Parcel Maps , CUA 's, CPA' s , CPA ' s , etc : Review Committee �/P.D. Director of Environmental Services - Paul Williams ,/P.D. Building and Safety - Jim .Dill -,Lloyd Rogers Supervisor Riverside County Health Dept . County Admins. .Bldg: Room 107 Indio, CA 92201 ' (phone : 347-8511 ext .. 287) ✓Robert Brock Office of Road Commissioner and County Surveyor Administration Office Building Room 313 46-209 Oasis St Indio , CA 92201 (Phone : 347-8511 ext . 267) ✓George J. Schultejann Fire Protection Planning and Engineering Officer County Administration Building Indio, CA 92201 . (phone : 347-1929) ✓Lowell 0. Weeks General Manager - Chief Engineer Coachella Valley County Water District P.O. Box 1058 Coachella, CA 92236 , (phone : (714) 398-2651 ✓R.E. Deffebach Director - District 8 Cal. Dept . of transportation P.O. Box 231 San Bernardino, CA 92403 (phone : (714) 383-4578) Mel Craig Director of Planning and Building 45-300 Club Drive Indian Wells , CA 92260 (phone : 345-2831) William Probert Director of Planning 69-825 Highway 111 Rancho Mirage, CA 92270 (phone : . 328-8871) ✓Kermit Martin Southern CAlif . Edison Co. P.O. Box 203 Palm Desert , CA 92260 (phone : 346-8660) ./ D.M. Pinkstaff - Area Construction Supervisor General Telephone Co. 83-793 Ave . 47 Indio , CA 92201. (phone : 347-2711) ✓R.W. Riddell. - Engineering Dept . Southern CA Gas Co. P .O. Box 2200 Riverside, CA 92506 (phone : 327-8531 ask for Riv. ext . 21- ) r. r� Page 2 /Roger Harlow Director Pupil Personnel. Service Desert Sands Unified School. District 83-049 Avenue 46 Indio , CA 92201 (Phone: 347-4071) ✓Jim Langdon Palm Desert Disposal Services , Inc. 36-711 Cathedral Canyon DRive P.O. Drawer LL Cathedral City , CA 92234 (Phone : 328-2585 or 328-4687) ,/Stanley Sayles President , Palm Desert Community Service District 44-500 Portola Avenue Palm Desert , CA 92260 (Phone : 346-6338) Moe Kazem Regional Water Quality Control Board Colorado River Basin Region P.O. Drawer I Indio, CA 92201 (Phone : 347-401.1) ✓•Dan Scanny Foreman/Mails U.S . Post Office Palm Desert , CA 92260 :(Phone : 346-3864) Deep Canyon Water Co. -(Phone : 346-6338) Joe Benes V.P. &=:General Manager Coachella Valley Television P.O. Box 368 Palm Desert , CA 92260 (Phone : 346-8157) James De Friend Chief Technician Coachella Valley T.V. P.O. Box 368 Palm Desert, CA 92260 Joe Benes Pres . of P.D. Chamber of Commerce P.O. Box 908 Palm Desert , CA 92260 (Phone: 346-6111) Gerald Dupree Senior Planner ..County of Riverside Planning Commission County Admin . Bldg. Indio, CA 92201 (Phone : 347-8511 , ext. 277,278, 279) -James Whitehead . ',Superintendent District 6 . -S 1.tate Parks and Recreation 1-350 Front Street , Rm. 6054 San Diego, CA 92101 (Phone : (714) 236-7411) Page 3 I hereby certify that I have sent copies of the subject material to the before indicated agencies and individuals. Sign D e i a APPLICATION FOR LAND DIVISION Riverside County Planning Department Hall of Records, Room 101 , 4080 Lemon Street Riverside, California 92.5.0.1_ TYPE OR PRINT IN INK 1. (Subdivision Tract) f Number: 5357 2. Name 'of Owner: HOME BUSINESS DEVELOPMENT CORP. Address: P. O. BOX 1829 , SAN DIEGO, CA. 92112 Telephone Number: ` (714) 2 39-2 640 3. Owner's Certificate: agent for the I hereby certify that I am thWrecord owner of the property proposed for division on this map, or have interest therein, and.conse to the proposed 1 divis Signature 4. If applicant is not the record owner: Name of owner: Address: Telephone: ``..5. Applicant's Certificate: _ I hereby certify that the record owner has knowledge of and consents to the pro- posed division of this 'property and the fil g the land division m r S�gnature 6. Name of immediate prior owner if the property has been acquired by the present owner within one year. David O'Malley Print Name 7. Assessor's Parcel Number: 625-145-001, 625-125-001 & 002 8. I, being the owner of the subject property, or acting as agent of the owner of the subject property being divided, hereby agree to continue the tentative map beyond the 50-day period. WPP:ebr PD-73-23 I v �� B BENNER and GHORMLEY CIVIL ENGINEERS RECEIVE-: 0 G 82-640 HIGHWAY III - INDIO, CALIFORNIA 92201 - (714) 347-0933 J N 2 G 1 97 QANCROFT M. BENNER PA SHEIIT CITY HALU JOHN H. GHORMLEY WILLIAM J. GHORMLEY I. HAROLD HOUSLEY June 25, 1974 1 Mr. Paul Williams Director of Environmental Services City of Palm Desert P.O. Box 1648 Palm Desert, Ca. 92260 Re: Our Project I73-10 Tentative Tract Map 5357 Dear Mr. Williams: Enclosed for your information.is a copy of the tentative map. Thirty-two copies have been submitted to Gerald Dupree for processing. Sincerely yours Irvin Housley, P.E. IHH:sv Enc. B BENNER and GHORMLEY CIVIL ENGINEERS G 82-640 HIGHWAY 717 - INDIO, CALIFORNIA 92207 - (714) 347-0933 BANCROFT M. BENNER . JOHN H. GHORMLEY WILLIAM J. GHORMLEY 1. HAROLD HOUSLEY June 21, 1974 Mr. Gerald W. Dupree, City Engineer City of Palm Desert 46-209 Oasis St. , Room 304 Indio, Ca. 92201 Re: Our Project I73-10 - Tent. Tract Map 5357 Dear Mr. Dupree: On behalf of our client, Home Business Development Corpora- tion, we request that the tentative map be placed on the Palm Desert Planning Commission's agenda as soon as possible. The following items are enclosed: 1 . 32 copies of the tentative tract map. 2. Check for filing fee in the amount of $262.80. 3. Statement of applicant. 4, Environmental Impact Assessment report. 5. Check for E.I.A. fee in the amount of $15 S. Please let me know immediately if any additional information is necessary so that we can be certain of having this matter considered by the Planning Commission as soon,as possible. Very truly yours, Irvin H. Housley, P.E. IHH:sv Encs. cc: Mr. Paul Williams , City of Palm Desert Mr. Jim Womack, Home Business Development Corp. Staff Onl File No. Receipt No. Received by ENVIRONMENTAL ASSESSMENT FORM RIVERSIDE COUNTY PLANNING DEPARTMENT TO ACCOMPANY APPLICATION FOR (;}TENTATIVE TRACT MAP 5357 Type of Permit LOCATION 45-301 Deep Canyon Rd. , Palm Desert Addre s s (714) 239-2640 APPLICANT HOME BUSINESS DEVELOPMENT CORP. , 701 Broadway, San Dieao 92_1 l2. (Please Print) Address Telephone I. Background Information 1. Briefly describe'the nature of the project or activity. Conversion of existing 22 unit apartment. structure to 22 unit to statutory condominium and construction of parking lot. 2. General location. Affpertion of the S 1/2 of the NE 1/4 of the SW 1/4 of Section 21, T5S , R6E, SBB&M. 3. Legal description of project site. The project site is developed with 22 unit apartments, except for parking lot, which is vacant. 4. . Describe the project area, including distinguishing natural and manmade characteristics. No. 5. Is the project a phase or a portion of a larger project? If so, identify larger project. No. 6. Has an Environmental Assessment or Environmental Impact Report previously been prepared that includes the project? If so, give date submitted and title. of project. Department of Real Estate, County of Riverside 7. List every other public agency from whom a lease, permit, license, certificate, or other entitlement for use is necessary before completion of the project? II. Assessment of Environmental Impact. Please answer the following questions by placing a check in the appropriate space. (The applicant should be able to explain or substantiate his response to every question). A. Characteristics of The Natural Environment. Yes No County Use 1. Land (Topography, Soils , Geology) a. Does the project site involve a unique landform or biological area, such as beaches, sand dunes , marshes, etc. ? b. Will the project involve construction .on slopes of 25% or greater? c. Is the project to be located in an area of soil instability (substance, landslide or severe erosion)? X d. Is the project site located on, or adjacent. to a known earthquake fault? 2. Water a. Is the project located within a flood plain? b. Does the project involve a natural drainage channel or streambed? 3. Flora and Fauna a. Are there any rare or endangered species of . plant life in the project area? b. Will any mature trees be removed or re- I located? ' C. Is the project site adjacent .to, or does it include, a habitat, food source, water ' source, nesting place or breeding place for a rare or endangered wildlife species? d. Could the project affect fish, wildlife, reptiles , or plant life? -2- i Yes No County Use e. Is the project located inside or within 200 ft. of a fish or wildlife refuge or reserve? 4. Potential Alteration to Natural Features a. Will the project result in the removal of a natural resource for commercial purposes (including rock, sand, gravel, oil, trees, or minerals)? b. Will the project involve grading in excess of 300 cubic yards? B. Potential Direct Impact of Project. 1. Impact on existing physical surroundings. a. Pollution (Air, water, noise, land) (1) Will the project create dust, fumes,. smoke, or odors? (2) Will the project involve the burning of any material, including brush, trees and construction materials? (3) Is the project expected to result in the generation of noise levels in excess of those currently existing in the area? (4) Will the project involve the application use, or disposal of potentially hazardous materials, including pesticides, herbicides , other toxic substances or radioactive materials? b. Applicable Pollution Controls and Standards. (1) Will the project require a permit or other approval from any of the following agencies? State or Regional Water Resources Control Board County Health Officer Air Pollution Control 'Dist. -3- Yes No County Use City or County Planning Commission U.S. Environmental Protection Agency County Airport Land Use 'Commission (2) Does the project require variance from established environmental standards (e.g. air quality, noise, water quality)? 2. Impact on existing facilities and services. a. Circulation. . (1) Is the project expected to cause noticeable increase in pedestrian traffic or a change in pedestrian patterns? (2) Will the project result in noticeable changes in vehicular traffic patterns or volumes (including bicycles)? (3) Will the project involve the use of off-the-road vehicles of any kind (such as trail bikes)? b. Water Supply and Sewage Disposal. (1) Will the project entail the acquisition of water from wells or surface sources for commercial and/or nondomestic use? (2) Will septic tanks be utilized for sewage disposal? c. Demand for Service from Special .Districts and/or Municipalities or County. (1) Will the project require the extension of existing public utility lines? (2) Will the project require public services from an agency, district or public utility which is currently operating at or near capacity? _ E Yes No County Use . 3. Miscellaneous .a. Will the project employ equipment .which could interfere with existing communication . and/or defense systems? b. Is the project located within the flight path or noise impact area of an airport? C. Potential Indirect Impact of Project. 1. Land Use a. Is the proposed project expected to result in other changes in land use, either on or of the project site? b. Could the project serve to encourage develop- ment of presently undeveloped areas, or increa-se in development intensity of already developed areas (examples include the introduction of new or expanded public utilities, new industry, commercial facilities or recreation activities? C. Is the project adjacent to or within 500 feet of an existing public facility or site for same? d. Is the project inconsistent with any adopted general plan, specific plan or present zoning? e. Does the project involve lands currently protected under the Williamson Act or an Open Space Easement? 2.. Visual Impact a. Is' the site for the proposed project adjacent to a designated Scenic Highway or within a Scenic Corridor? b. Will the project obstruct any scenic view from existing residential areas, public lands, or public roads? 3. Social/Cultural Impact a. Will the project require the relocation of housing or business in order to clear the project site? -5- I Yes No County Use b. Does the project site include or affect a known historical or archeological site? III Statement as to Significant Environmental Effect. If you have answered yes to one or more of the questions in Section II, but believe the project will have no significant adverse environmental effect, indicate .your reasons below. H. , A. 2. , B. 2 . - This .is an existing structure already on septic tanks , which have been functioning satisfactorily for many years. To the best of my knowledge the above information is true and complete. Date: June 21, 1974 Signed HOME.BUSINESS DEVE NT CORP By Title Engineer for. Owner -6- ja E*j5� C.G tv'S r ��C.T'L� O r' � >~✓�''!X I(vn Er c;i h> �,. �•y r r"'y: r _ i • Q.�:6!4 9 ��+•�0 'T G 1,.4-T r, F ►E'A I `T6. ir"kYt `,t t, — 4 � iZ�'Cat.`-�►./r ��...��f N ;�E.• �r 'T� � IV 119 -r tJW •�Fr . L Ift ; `7. fs( Y 4 ,' 1 • LL cc�►.J�. P�Lnrc > , �;_Ut`��" L� -OL'C SUNRISE LANE 44 i ..._.. .._...«.__,.. _.. "" __ - _�T. ._ .. L .--- - - -- � __ _ -----.__ L�•ti _^- �ti -tee _ L,' I '-"" _. - - 1 -1� L' 4•� ` 1 :+{ri*+ �� �" �yC1` Stat/� - a �x L>:"1FJ A.C. PA%,/Iw& }f1 .✓a aClt' c': t a r. A.C. P/-\VIA/C7 A.C.. � ojra k PL `t�..t.yr . a • �' f �Y-�` TiF,�!y •.;rt Gr rU. 1 -� LL i, - _ - ` - -- ---- -- --* 4 GAR G412 PY�R T Cdt? CL11?PORT jrc�;�j — c-- ��I 1 3 C�QCL�RPL�RT Eh';t 17 CA f� l fi r 23 22 21 1 20 , 19 18 I -.- 17 f 01 `t A ��/j� Cs`.�hl lt`-�'!*`i 6� �`f{1 h� r .'" I `' ¢ r� yyf" J `'ikf:� , 21 1 6 ZZ 0 i � z I r I 15 - - -- �� 20 x 4o CASAMA 'Ia (�► 3 JACUZZI SW�MMiA1C� 1OD� �,AtoW R 1 1 14 7r��re is no Apt. 13) - • Jx i b R 1 12 �ti T�i d E C� �U C s 5 �� 6 7 8 1 9 10 14 _....3k-- r 1 i Ua . ... , j 0. lop, CAR CkfZF0VT c-&es-nlP'r 3 cnf� Gd�PofZT I ._._ r�RlvEwaY - cok L PRIv6WAY coiyG. O+NCtva1�MA�K � ;� r f c. ' 6.W. r — -- - --- ----- -- — 3' B . .;+...ed1r--Pey<-a •'�°'�"� b j, l.J o oD 55�r l« G i�: `� - -- -- ---- ------- — - —— - - - -- --- -- --- - -- - - - - - 1- - ee - --- z,� �. > s^L I L:I a ►c . DEEP CANYON ROAD rz Ev�sloNs: APPROVED r3Y: A.R.E. ASSOCIATES TRACT NO. 5357 - � �' , r-;; �' ►.,� /�-�.'t , ►`.� ! q' -- -- _— ---- ------- ----- - -�TF. � � . �., - ARCH EREcs� E C ��� ENGINEER - �Bo� fTECTURERESARCH ENGINEERING CITY OF PALM DESERT � � „r,. _., �.,• I ,. �,� ( � ^ i'/f�/y 81.713 HWY 111 �INDIO�CALIFORNIA 922C1 (714)347-4007 ON SITE 1 i -- -- ----- --- —-- --------- - - - - >PM- OVED BY: SCA1_�: u r >ENCH MARK: PARKING LOT & TRASH ENCLOSURES. ,, _TRASH I N0. `jSL� I�C 20 - - RIVERSIDE COUNTY CALIF BY: FOR ROAD COMMISSIONER-- DATE; DAI_E: OR: HOME BUS, DEV. CORP. r• B. BILLINGTOt, E 10/ 29/74 S^..I v ��1 GQt^-�G. � • "►'F: - .G•-� cNG�^�,Li�:: � I.,IO. 1 -tom ?, ��R"i1`.1✓ECG cd O� 8"act ', X tau �� • ' Ir C->rJ�rTt2JG* I. r"�'7F.1 r.. : t ' (l.G►;+ .'�' G Th h i i.' ! 'yC .!. `[1• ALC'' ,/.;<' •,, •,1. � .x � k �` • ��n.:,>✓. terra�-� ;f� ;�:: �=•.-y T� ~�`l{. - �+ IJ La:'i j,r , iA�GIFrti�/�l'G �K. �, r .. �� * .�-,; � eta yr r ,K, I � ;:. G��J rn. Vl �':..jV„ 1't•':.ai( '/�� �/ 1 w etc f J� To rL 50! -� -- �..� r_�TG�tlt•�G. �ark.c�. r.�.s1> --- - - SUNRISE LANE _ A.C. PAVIIJG j: ^_�.. A-r- PL\Vlkj& Tp Q pAv,AlG _ FI i..L 4 GAR CARPOR-r CA I r \ . R CAt2PORT 3 cA;lz CAI?PORt' TR/ISttJ N + ___ ''�--� ' �o�;� . ���.� •�� 23 22 21 20 19 18 � 17 5: 0 co:�I _Ire � _ � � lre wj' GQr Imo„-lr.�l� Sn � i 1.1 ► -- - � ' T :. 74 k. 20` x 40' ` 15 r _ tie• - � CASA"A - 3 JpCvztl SWIMMiIIlC� fool GAI[DW r 2s G 24(0 `� •- .. �' ... � � _ -.._._____. -- - --- ' 7 �•�` - - - — ----— - --- - oo ` � �`---- >�'•' � ter/ {��.� '. � :� .'1 . __ y ---- ( �p 14 ^ , gyp• .'b � I 5 5 12 - 6 7 8 9 10 1 , --- _ 2 4' -� !BU L,- Igo� ca-P J r----- i -- -- -- - - • I ' Q 3 cAfZ ca�Porrr ^ # -- --- �} GAR CL�RPORT ( 4 CaK GL\RQOQ; I I / a ��RIV6WAY N GONG. OlIviWJi4!' t r ' fl R I EweY P.L.✓� 1 /'"�--- Gty of PALMDESERT PLANN EXHIBIT NG DATE RECEIVED DEEP CANYON ROAD ernve E CITY OF PALM DESERT ARCHITECTURAL REVIEW BOARD ,< 5 _: - T N A RMA.. DATE Th s approvai subject to the attached ditions and shall become null and \ void 1 Year from the date of approval. 12 REVISIONS: APPROVED BY: A.R.E. ASSOCIATES TRACT NO. _5357 i I ARCHITECTURE RESEARCH ENGINEERING CITY OF PALM DESERT 6 REGISTERED CIVIL /Cv8o7 �E �` ATE 81.713 HWY 111 ,INDIO,CALIFORNIA 922CI (71 4)347-4CO7 ON SITE � } APPROVED BY: SCAP E: 1"- 20 BENCH M� ��: PARKING LOT & TRASH ENCLOSURES - 6 - R VERSIDE COUNTY CALIF �Y' `J c;_ = NG- DATE; FOR RQAD COMMISSIONER Df:11 E N.V. FOR: F. B. 13ILLINGTOti HOME BUS DE V. CORP E :49 t0/ 29/74 I { t Ca�►ZANIA�l�t7� — - �'1(Ib?i�ft� �'�V�MGfi1' � � � �(l�71t� b'��t�l'tT � �� ► 4 G�►I LYi°f U-`7"i l f?CJ!CA1 L47i 15/AL, a 6 lorw/,rJ'MA Lldrr,-� CAS., ! _ 17 t 14 14 — f Q G; L G K M ! I GALW,`ItMC�N^Vl-MiHALI� roadt -Mr- ® P 4 NCB VAJft A4►2e GLY • M AI-Titto avt m ENt -- `` � r h LV; ilik L t rI m :sac., a�N I��RU�� U•IIMEt�� 1 C,x�L � �.�GK.tsEN� I ! - � � lei r LA P� � Cf� � 1 T Ilf, wK tY r Tt V171�'� N / FD. SPK AND TIN I N THE OVER POSITION FOR PIPE CITY OF PALM DESERT, TRACT Z615 T TIES TKp(? COUNTY O F RIVERSIDE, Q TRA(T Z(oI 1. P`LTIES.,- `b`�. IS z \, --� STATE O F CALIFORNIA kar" t6 SET FwshNo -�. T RAC T Na qECEkEME � F� SpK. 4 TIN Dom. 3"PE+� 5357 JC-.AL l� 1 _E T 5ET S TiAI FLUS/,/ % BEING A SUBDIVISION OF A PORTION OF LOT 1 � �� i� "C" OF PANORAMA RANCH M.B. 23/22-23 NO SBLE / I-D SPK F TIN F`-uS" ?E►t AND LOTS 25 & 26 OF PALM DESERT ESTATES — RDAD DEPr F.S. 411-11D 1n8 ( °` Oz NO. 2 M.B. 34 / 8-9, SECTION 21, T5SIR8E, �.BB.&^ 1 SE -- - � FOR CONDOMINIUM PURPOSES I of V �9°59'21,,E I A. R. E . . ASSOCIATES U \� J- — ------ -z�-® ---- T_ _ INDIO, CALIFORNIA Lit / - & ' LOT B o� ENGINEERS NOTES Z O) 15) +, /,-6,46/5 OF BE,411?/�l/C�5 /5 7,�1� G EA17H)? L/NE OF :- (--- -� l PUE PERRY °t I SUNRISE LANE 7AXEI1 A5 N0°00'55"E, \ ICI ,I� ti A,5 SHOWN /A/ M.f3. 35 PAGES II AAJD 12 \\P'- IOTA ,QECORDS OF /?/VA�fVSIDE COUAJTY. 2. Fo&wz:> 1"vA)UM&/V7'5 AS IUOTP-D AT ALL f�014)7 s SHoWit/ THUS n�? `-^ -� ; s"-.' I 3. RECORD DATA PER REFER CNCE SROWN TWOS C ]. w _ _ ^�` �'' R, - QEFERENCE PEE M6 4Z / 51-53 o m �' �� vv I i h,' ' ' R2 - REFERENCE PER NIB 39 / 11-12 ' - - - - M - REFEKENCE PER M B 34/ 6 -9 .0 `J 199.83' 5 H15G'12 "E l LZO') ([5'� 1 (�s 4. SET ZxZ MONUMENTS, UP I", AT ALL POINTS SHOWN THUS O `-y- ----------_ _-- Pc,� I S. 11101IJUMEIVTS SET AND TAGGED (IV ACCORDANCE WITH FJ. P tL REMAIAIS of OeDUTILITY EASEMENT ' h 2"X-2" FLv5N-NO TAcr � PER INSTR. NO.90610 Of1DINANCE 4(60. 1.879 AC2E5 2 o nER M.B 39,�8 9 DATED 12 Z3 f957 6. TOTAL GQOSS ACQEAGE FZ0sH 7. ALL PUBLIC UTILITIES AND SERVICES 42E INSTALLED �S z � PFjzM.B. 3yjB-9 i I AND EXISTING OVERHEAD. �O. A�1 � .k _ I FD Zx2-LEANING r-oe 114" IR PE2 MB 34/8-9 y � LJJ � I I 'Q 1 I �o J � rr PORTION ti ='' °` ' �' � CURVE DATA ' AREA I. 979 viaC ES �� I / 26° Z 1' 45'' 498.10' 2 29 W 116.lob` - \ I - T ---o- —n ") , '� - 2. 2I 0559 468.10 IIZ.3`b' 8T.16 - ----- -- �:; ! ° 3• 2° 42' 17" 495.IO' 23.51' 1l.76' o I •_ 20 33' 21" 9'98,10 22.24' II.IZ' Ln S. b(oo I S' 5,8" 20' 23,15' 13. 07' - - , , I F- 6. 920 33'Z9" 20' 32.31" 2031' i z Li .. _ a IO LOT „ C„ iz IZ i p �� p i n NN 57.12E CN89 59 30 E Pre Rol 2 5' _ 199.9 8' C 200.OD' PE 2 2, �V. I ' z o ls' TRACT , NO. 5357 �O \ �; Fd. 2 A 2",Ii TAG ( , Alp REF. 25, HWY 111 in PALM DESERT ESTATES NO 3 M.B. 39i 11-12 W i o ZZ <0 Dc o; u a DRIFTWOOD 35 I (aa') (15� I (35') � CANDLCVvO'•")D S . ------ -- r 1 I f Z� 'h DRIFTWOOD- - - - - - -- S T- -- - -- --- _ - _ I W I?r ) C S 89 S9'30"W PET, 17 ,7� �tQ f q q 7 ��/ -------_-- FAIRWAY DR !` (iV2• 38 PEC ° � 1I/.717'!!( SV7�JY'LI�KY Z /+Z 3 7 M S B)'.S4'2T"W 260.07 M ' VICINITY MAP ,— --- J .(/O SeAZE TAGGEO RCE F.!/lid/C 4 TAfi F� SDK. / T/.V FL USN I 6034. F'USNOVE,e -Yj 1.P. Dn.6 " (�nr ,dab/P) f E,e coA o o-cez f;B. 411-11 D-816a P/r il1.e. -151 s z-S3 .02 500TH 34 �j , N �i 41) SHEET 2 OF 2 r, u. FT a N9w t i t 's ai � • Z x prfl:::l CIAHYCH 50P; '—` �` �i —..- ._ ``e'•'leer �N7 � �'?Y' �)V y . CITY OF PALM DESERT ENVIRONMENTAL SERVICES DEPT. " DIVISION OF PLANNING VL-i Illy—"t7� THIS APPROVAL BECOMES NULL AND VOID 1 YEAR OF THE DATE OF APPROVAL ` BY THE CITY. kd f f FRY t yr �._..� .-✓ ,.+�` x (I .. � r � � /� �� 77 wri3 . . COUNTY OF RIFE PS'[DE��, � Y - 07 RINI i a I s 'TRACT IN THE CITY OEM PALM DESERT � _E �, A SUBDIVISION OF PORTION OF LOT ,'C ,` OWNER'S CERTIFICATE OF PANORAMA RAINCIA M,E3. 23 22-�'3 AND T—__-----_._____ C LOTS 25 6 0 - E i_.;` t 4._SE fi_ STATES ---- _ WE HAW-50Y CFRTIPY T14AT WAF AIDE 7NE_ WA/ERS OF THE? LAND � F; r t IIVCL UbltD W/TH/1V THE SU�D/vjS/OA! +3HOVV/V NE.*'F I 7NAT WE ARE "THE cw NO 2 M- 3 I 1 LY PERSoNS WNosS coAJSEA/T /S NEcEssARr .,'o rya-515 A, Cc EAR Tr7LE TO FOR I CONDOMINIUM PURPOSES E l; r 5,4J0 LAND] AND THAT WE C'OAI6FJUT TU 71iE MAKir<!v AAJO eFCOQDIAJG _ S,4JD AAA AND .6USD1V1510N AS 5146WA/ W/T,4/A/ TNE, COLORED 60ROZ-�Y NOVEMBE 1974 -r t LINE. A . R . E , A .-' S O C I A T F S ► �_ ��;Y � -��,,� ; �_ r�.----_ ___e ---_.--------__-- � CITY. CLERK CERTIFICATE TAX C0L__`C , C. I, � Cl7Y C1Er7K Or THE CITYOI= RAtM DESEfe'T,C'.4LIr-'e'W'rtlfA, _� --+c- k'F_t'S; HEREBY GF+PT/A�Y THAT AAl 11A�%�F1 'Tfsk/�tf 47'15P.4CTrlRY 7' HE Y' pr��lCE, 4 -'F �t 1747.R i 7rlFrZE L+h't UD L/L U5 46 1fU5 r THE CoUNC/L Op 6Ai.o CITY 7'10AJ OP7 e4�cwlle-EL? l_'1,4P FOfZ VJVPArD S%q rEJe6U/L1 SiR ET IMP1?oVEMErl17T5 /N f/F: :)v8L)lv/ ,/oA1 WAS APPIPCW i) ARjo i4'1b,Ajrr F::� L ='r L a `t: ;. 7•s x.F ; �;�,.�Ci�i L siS S��SfViF_llrT S c�LLF..C- f/OM9 SUSJIVESS L7EVc�LOF'NE IIl7 CORPOIZATIDII/ P1LiYD /A.I MY OFI=IGE Pf2/PR 1_0 -ry.1r FIA-)AL AG6PF--7�AJ6_1E or- -:•NIA TAD 5Ul3AIV15/C>N AAJO AAA P � PQES I DE 1d T 1 SECAE_TARY IQ WIT/vr-s5 WkF=)?EVF T PA�/,E NEREU/v7o �F_T fey' tiA�o AIUD o�F, f r) 7NE OFF16/AL. SEAL. OF Tt-1F C i—ri' OF P-ALM L ESLE'✓� C`ALI�t')IPlli1/�' r�A7�D___�_-___._-- --_ i �3_ _ TRUSTEE 7N1,5 DAY dF J 177_.:, HOME FEDERAL SAV' i�',� ANE, OAN ASSOCIATION #14 - }{,�, i3.Ar3c��K��ovu7y 7Ax ccil r�c_-ro1l { OF SAN DIEGO , .A CORR�IR , ; iON GI i r �: .r x a�F TNT ,-rr np= FAi'� r s r2'rcal. Y"_��---------" _ _— gEF'UTY CITY COUNCIL CERTIFI`— ' E /CCF_�aQL�/FD TI/AT 7ff/s MAt�J <i c Ar �t5 TrN�s CIF 7WO 5NFET�� aFa 4rl/C7 :V NOTARY CKNOWL.EDGE=MENT sAIAPS !s NLTPEMY ACcFPT_cc- X. £.:. 1*4E r)r—r-,, c.. ,� 0P_ ,Fact 5� � � L _ �z - r�r4, �a 13ati►o �n� TNT uM of A 2 I STATE OF c AL Jrarttitid _ - =ad .J✓>L E>r- >:`? GI GlL � WiTN ?+IF C>OA�D OF SUt'EF?''v/sar�'S GAL/FaK AGOND /TroNt: UI'dAJ 7MF GD "fYor fl,4Y N Mf1 nil A' 1 fir`, 4} � ..a',-4J CC3U/ll, Y� MVAlC 1 r-.A,; L OM L OC Al 4Jtl � �/V ! N15 QQY of_`__�____--S �•• _. > �- 7 ..__-._._.___... _-_._. _ ` ,�i1 ..— -2'.`r. �• - r.-_ t ��r + .. R- .. _.r- ,..: _.' JVOTARY PIJrBLIG /N AAJO -OIQ 641O. COUNTY ,�IIYt�"`.aa A7E,/�RSONALLY r. _ .ATT&ST- .> , . ._. .- ,; �. - :�� � �_• _ — _�_ ,Qf'/�Ed1,Et7 KA/oW)V 7-0 ME f'h'ES T 10ElV AHD y5 TtIE GI-TY cLFR'< or, ` ,.:y G1TY DF= [aAL^✓? D£=5�,Pr, C-,AL1Fbf'rUi,v, 0 ,. T _ __r _ f UT N0T yf 4 d �L �lW1J -LAID 13C3t�D i KNDWA,J TD MS 7`v �€ T:-���:` �s ,�� ta��"Y c_>. /-dOME' Al�.lt� TD AFFI}C THE OFF/G/..- � SFtLL UF' SA/D C"17�' -r�.rc'£-TC, ; t-c T ;-'f'OV DY '�A1t� F3G.4 'f� OF 5C}PFJPVI�i��PS, SUS//HISS OEVELOPf�/1EAJT CoRPoR47/DA/, A C4Z1.• )ie�J1A =7,WFOR'AT AJ T NT 47fyE MAP WAS A F r OWNER, 7"S cor l-oeArloAJ 7)YAr EXECUTED "'NE A/' 4AJD L�A 'FC kA/OW,V 7O /V!E TU SE THE JDErPSDiV 5 VVHO EXEC!. "ECG Tye gin,:i;Tf-!/N f NSir/"t'UMeI/I' Z A/OR'E SY G'F1Q"T/PY TFI.4T7'.�F 6oIN Cv rZ�'`-'e,4,UT fD/V Vl.1h 5 A©C.>f' OAJ BEHALF OF TPA CORPORATioAl THERE/N u= ,AE��� 4 h�OWtLCDGEO -rO �Y ?NE MAY02 .4ND GOUIUG)L Of" fE CITY nr P4e DfSEK'i 7ti1� 7t�AT .'SVGN cofePoeATIa�V EXEc�/TEv T>=/F u, �// •'_ i.vs r:eUMEAuT PURSVAkrr _pAY OF 1974 c:L E ek A/UD EX- DFF/C10 To 1 TS Sy-LAWS OR A <W50L UT10AJ OF =%- D/PEE70o6 G L. 12 D� 7NE BoA2D OF Suf'1cRvISDPS W/T/VE55 AAY HANo AAJO OF,_"—aL - t GrTY CLEI.'% SF ? HF cdfly' O� .atM OL'Se?7, C4 MY GC5AAA4I551dAJ EXP/RFs -- CITY ENGINEER'S CERTi. T'= DEPUTY I L/FRFBY CE�E'T11=Y T14A 1- H,. - ==x =iM/A eD 7i�lF W/Ty/A! mA�'� TNg r TtiE SUso/v/51o/V sNowti i0ti: /5 sue�TAuTiALLy T/�F �aME as ENGINEER'S CEIRTIFICATE' NDT�u . F =,�,c_ 11 ,41ltpFOR 5Ai0 1T aPPE'A,PED ol(/ 7</E 7ENTttJ, 1 /,A4P �!/VC� A1VY A;PPROVED /aL7EQ- X NEi�EBY �E�T/Fy Th/dT _r <!NI A R'EG/5TE/PFD c/v/c �rVGo,- couA 5'aTE. ATICAJS T14E1PFop: 'TNQ7 ALL of CN,AI-TES' ?(5uso/vr5/ov /MEER OF THE 57-47E OF ,C•AO)wpOIrAJ/A AAJD Tr4.47 7Hi5 A4Ar� MAf'' AC_-r) STAT UTES cDF A L 0RN/A, 1953 AA1D THE SV$Oft1/S/ON CON 5IS i/� Ca OF T wO (�2�) SHEET 5 Ok'Ti'£-G7LY fPE1�JQL�SE1lIT5 NOTARY ACKNOWLEDGEMENT RE6ULATIOA15 OF THE c/TY nf" ."ALAA 0E5EA2'r. cALProMk))A, A)tJO AL4OF A SURVEY AAADE UDDER A/IY SUPERvj:sjoAJ f)tje1IUG M,4),/ THE, ,&M_vVDAiE/V75 TN6RETo ff�a,/� 5EEdf COMIt/EL> WITH. I Ann OF / 74 ; T,y,�T ALt MoA/UMgN?•5 54-/oWAJ Ng)E>_ro u ACTUALLY 5X/5T foUAJ o� C,c1LI oRV/d S.S. 5/4T/S F/1<O TH/5 M�tP /5 "aCr; ti Icdcl y caRk'Ecr; AND 7'HEIl' P05/7/p/U5 �AeE CORffEGTLY SNoWAI OR WILL BE GOUIVTY U� A'r�/E'rPsroB � } ©ti! 197 -jHIS OAY OF ,197 )8EFOft'�_ 'Ar= A DATEb Tf-I/5 0AY OF I __ /A/ PLAc E W17141AI o1V E yL�A/Q )=eo 4 RE<oRDA.TiDN OF THis MAI? IVbTARY PUI5cfC /N AAhO FOR 5AhD COLr,lJ7y AAJO 57s;-E,PER6oAIALL/ 7flE N�o1vUME/VTS WILL HE 5U1=F/G/E/UT TD FA/.ABLE T�'ItL SU/PVFy TU BF �C'FTR.4GE!�, 114E SURVEY /5 T/P4fE A/Up C76AARI_ETr A6 AP't'E'A'��D K Naw/V 7a M E -To B �: 7NE alvD 8. �uvGLA 5 PovvE L L 5H aw/V. KA16WN -r6 M6 Tp SE TA4f= ___— OF I�DME 1 ^F�R�1'ON AS TROT EE THE CITY FAJ61AJEE'R o/- PA�AA DEsE)Z7' t. ,BUSINESS DEVELOPMENT CORPORATION , A CALIFORNIA L_� fO � � T r CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT j f�_ kNOWN TO ME 70 RE THE T T , r PERSDNS WHO EXECUTED THE WITHIN INSTRUMENT 1!� 3Ei ;_� 0- -11E CORPOIZATIO�J '.,i I � ; REAS� RER .E�- T'=l _ .a I,evfly N , 11oLGsL�y THEREIN NAMED AND ACKNOWLEDGED TOME TyAT S C f'l7'�bRA`;C.N EXECUTED TAE y gER'_=t5'Y C6p;fFY THAT �,._ _ :;�;fv� To THE /eFGOR05 or- THnaFFie€, 2. c• �- 168°� WITHIN INSTRUMENT PURSUANT TO ITS BY LAWS ^? A n 'U ''0N OF ITS 3011YD AS OF 714/5 DATE, 7t-IE oH0WAJ OAJ -raft, AAAn1-�5 410 5WEC;r OF DIRECTORS AAJ'C�10IP L/ENS WHIC!-1 WITNESS MY uAND AND OFFICIAL Sc�,l 'WAVE A10T BEEAd pw/D of F� _ _ -.,/5 cEpr1FKA7E POE,5 AJvi 1A1c1.uvE j MY COMM15S ION EXPIRES .4A1Y ,SPF'G/AL A55ES5MEV.' r _ BoA/D5 Or- Wk/cH h'QIfE AlOT YF7 D �n 5 EL OM F A- 4/.EAU U PU fll OAT&D 774/5 D/4Y o — - 7- - APR 14 1975 NO,,12 I PLKIC iN AND FOR SAID LO U N T Y % STATE _.. RIVERSIDE COUNTY CITY T <C ' 2. R O= 7HF C-17Y OF r'4LM DES_-12t C..bL. SURVEYOR --:. ., o•.:iL�-> :.. ,. _eX'_-.. z - ,:.:,. .,.._<wra._,._... _.. -.._. , '...,J _.� ,Ts..._ .s.:._. _. cor v c.-: ... -:... ... ,:+€as.n. . :- ._.. _ ,. __u .. , .._,.a .bY. a.. _..... -_•, t c . .x - ., :.-. .. ,.-; .r ....Tr.--,.,.:-.en..n. mmr-.+.m+w•ar...-,..ve...vF,..«.»_.. .r.x -.-.ur.,-..r«ars:...r;..e. i m \ �' FD SpK I N THE 0 OVE( W,',!T �N FOB: PIPE C IT Y OF PALM DESERT, Mr" STC 4? P€� TRACT Y � ! Tf�ACTZ�:� TIES _ COUNT , OF RIVERSIDE, �2 STATE OF CALIFORNIA / v kki � s T r - �JpTr, tiG Fd. Sfk i � � �; \ L3CtN NG SET RAC T NO. i Ld ��, fef �pK. � T/ti' D� 3 n P�� z 1 � ti ���� � / ' f�E'p`5 ^E�'T u FLUSH5357 /81o. BEING A SUBDIVISION OF A PORTION OF LOT "C" OF PANORAMA RANCH M.B. 23/22-23 �+. �Y�' ��,�,L14 % I'0 5 Ph f i :1�LU:r' _ — RonoDroT « 4, % !S� �� AND LOTS 25 & 26 OF PALM DESERT ESTATES NO. 2 M.B. 34 / 8-9 W FOR CONDOMINIUM PURPOSES ry k^89'S9o5 w ! A. R. E . ASSOCIATES z ) --- — `y INDIO, CALIFORNIA t ENGINEERS NOTES - � l _ , ^') ��s� /.—fSA515 OF BE.4iP/ti'G5 /5 7//& CE,417,0P 41A)E OF / i F DEEP GAdI yG�tJ Fc'l�QL' 7Q,f'E/l1 AS Al C7ap0'55~� (� - � ,�,.�.,�:-'-•. ,�. AS SNOvVN /lU M F3 hQ f�ES 8 ANL� 9 �Z-CORD 5 OF R1 V25 ASIDE CODU 7Y- P, 2-FDUNP MOAVUMEAUT6 AS NOTP—D 47' ALL POIA)7 SHOW/I THUS 3. RECORD DATA PEQ REFERENCE SHOWN THUS C 3. R, - QEFE R ENCE PEE ME 4Z / 52-53 R2 - KEFE9ENCE PER m8 39 / 11-12 I R I - R E F E E E N C E PER M 8 3 4 l 8 -9 77 i9�.Bs` S 8°/°54 5i'•C QL 101 REr1.?,dlw5 OF OLt ` 1 h _ - N Rp� 2"x2' FLUSH Nei rav REcuu -F,, S/4'I.P.-FLUSH ( DD PER M.B. 3�i'/B 9 - A P R 14 1975 �- ,-- - - •, ,—. I , — . • ;- J ,- . °' RIVERSIDE COON iY �- � i�"• i : `..�! ! �__ ` _i '. . SURVEYOR FD 7.x2* LrANING S I rot 314" I1? n f i { f z O Q PORTION F CUPvE DATA c ----- --- -- I Z, —__r— �' 2�' 4- i" y I u r Z I ° ? C' 4 4r,F,, l[ l 5 4' ' 8fl 66 12 31 20 3. i I 3 0�' o . 920 19' 2C 61 i M r o 0 +x c Li LOT „ �„ Z , � i (fin U Y v I N89°S9'30"E CN89°59`30"L FL- 25 f99.98' C 200.OG' Pc-a Q , i { I TRACT M � 'O 535, �O f F� ,5p, 'vo fd ?,.2-�. TAG V j Kam.E,B�3aF"t d5N• � �� ' M t 1 -iW l ,.. N la- I W w Lli 31 Q � e. C" ; 1 a� j4 - --.-., C.AND­' a r . Z ZOC 07 DRIFT I 3,'m 559°SL"0/"w" o , V�/OOD = ST „�.�oM s�q 5� �_ rAIRWAY nR � . . 1 F � VICINITY MAP d/O ,$GALE GG. 2'X 2"54 -46Gfo 12C E Fo! IvAlt TAG F� Sf�k � 7_1J [ : N 6034 f,,j' DVEIZ -q" J"P, On 4, 3N 34 � '/P'd. �S/s e S3 .02 50uTh1 N 2 2� ;. ..n , SHEET 2 OF 2 .. :..... _ ., .. S°..iai...,....■ . s!i .. is+ kihi..i1 agar , "_.S:' C. .. Y. y i 625- /2 T. C. A. 7505, 752/ N NE4 SW 4 SEC. 2/I T. 5S. R,6E It 09 o f O h - , - STA T E - - HWY. PR. —�-i. - - - - PALM a �S LN DESERT OLD R/W-�j OR. 30 �. / = /00 m O I 20 S o o E o 120 �o a Zoe 3• t h6.eS - leg 92 W !oS 0 oR c P ' h TZ�Is �t 7 A m �I _ a o o 3+i EL t _ CAM/NO . a o yq DArE C J \ � B2.B3 90,21 97.1Z 173.L4 ~t^ 1 M pD E.2 1 ST $T.2S ~ 1fS.38 w N Vl t.•tu L I o /22 eb b 2 u n 6 is is 3 3a , TR A J Q r o O _} 1s5 /4It, 105 m Q Q 1 Qj 8 O a r p0E Nz b( 25 �� 26 is d-Ara/23 Ci o 65° 9 " � o 3 4 4 11 e° O A zs . ►� N 6 o m v 9 /T 1° 24 q ZD so Q4mm m �. pR� 23 18 a O 22 1QS /26 �r o a 0 o /9 Ito- ' 39 to P We// bt �b 70 to cx S 3a.az J° �,, o � 27 � 38 � ?144 a N o 1 28 37 LQa Dorf OLD NO. NEW NO I 13 B M J s 9 ¢/69 °°'vp0ez oa6 °P o O m O o \\t? P.DE,3 h 29 Z o ► j ti C90 O9 : 36 f 35 a 4 , o0 5 h 30 °s btu �D,�/FTW000 1 S.'1 ♦ I /I •T- b � tf v 4i.So ti o /42 3/ v �, O er � p rob 16.2b s A o /43 M 07 oI Z " 30 32 a ,33 34 / 2 0 3 1 oo'ti III SC S° 0 i .0 l0 80 3o N N� PDE 3 S° 3 I n7.i3 -J 11730 '94 r 2J0 8S /9 M.B. 42153 Troc t 2230 M.B. 23123 Panorama Ranch M.B. 39112 Palm Desert Estates NO. 3 M.B. 321 X Palm Desert Estates DATA R/S 45159 32168 ASSESSOR'S MAP BK. 625 PG. 14 i RIVERSIDE COUNTY, CALIF Q IVY• 72 _ v - 1 (N- -['}--tS CITY OF PA+..M DESeRT ` COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE MAD OF A TRACT NO. 5357 /. .• L ' ;J i A PORTION OF THE SI/2 OF THE NE 1/4 OF THE . -rA�r �—�- k t�� =� SW 1/4 SECTION 21 , T. 5S . , R. 6E., S. B. B. 8 M . BENNER and GHORMLEY PAIL'-F•I S`l . a _ CIVIL ENGINEERS L.4 r°V, �/ SANTA PAULA, CALIFORNIA INDtO. CAL! ORN-�I��----+""'�,----_._ ' 7 /!t'V/N /�f:f•1,G'C/�.•e_.E3' FcLE.�ErS'C' " DUA T-E y _ TENTATIVEMAR N ION, r s _. ,j'tjt.�SG ,�US1N�55 DEVEL.DPM�NT CORP, + ` i PJ 2GA:%W/�=`� RO. DUX 15V3 �GI 25 2 s tv ; ��: +� ; t .30 sa ►: DIEC70 CAt rr- ^� 11A ` i j _ ! - - - - ._-. SEW:; _ � � ' I �� � ��' � 3-,C�M� Tic `S/�;'`''�"•�' LY cG�,4�'".���L�.`�' �.+�L�.�;�'" dC/ATER D.cs'7`,�/e?' - -- - ---- ; y 4_NG�t�;� ? ,� CG� �?s ; L .."�l� J� .? '�'' .SU, ?ZC� T.rJ Tr i AcCF �'Gh'� D P Csa vy' V.� �(�7L'�,S R.I./�t/ � L AN.� �I i r , T�L E/ EI�J�1�'A1. 74,Z I l , p } SQf�T�frc •�'1�JJ CR,� . ZD/Sci+(/ CO. '>�;?'"5 1� r,f ,..:'._:•. . S�"AT 'T Q .. � f �� ,' v o Y COn1DUMlntlUMS I Fors S r�G LE-�.4M►LY tD wr LL.I N,;p U N ITS,t , o DEED' CAMY'ON , ♦ a ss� , - }4 Sad<_.:.. eG.:. yr, ...ni _> �- ,....:'. '+cs- ...": + '>R6 +1 ••$._ ' ;Y g*.: ,^ a .. .>. _,. .. p° .'.r..a ,_, :, _ c"-'_ ., -�'� .=L•� � ».�,.' 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