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HomeMy WebLinkAboutTT 6753 BURROWEED LANE RYWAY PLACE CONDOS 1976 P �h ina ' , eneral contractors a May 4. 1976 CiTY OF PRLM prSER� Mr. Sam Freed ti . City of Palm Desert P.O. Box 1977 Palm Desert, California 92260 Dear Sam: As per your telephone request, we are enclosing a copy of the recorded By-Laws, Articles of Incorporation, C.C.& R's and amendments thereto for your files. We hope this information will complete your requirements and as soon as Bailding Department can clear, you will see fit to issue Certificates of Occupancy for this project. Please send us a copy of Certificates as soon as they are issued. Thank you for your courtesy and cooperation in this matter. Sincerely, OPAL, INC. C. A. Boone Flac. state license #287085 phone (714) 687-M33 6272 van bu.ren riverside, california 92503 � a BY-LAWS of PALM DESERT HOMES OWNERS ASSOCIATION ARTICLE I Principal Office The principal office for the transaction of the business of PALM DESERT HOMES' OWNERS ASSOCIATION (herein called the "Association") , is hereby fixed and located at 6272 Van Buren Boulevard, Riverside , California 92503 . The Board of Directors is hereby granted full power and auth- ority to change said principal office from one location to another within the County of Riverside, California. ARTICLE II Purposes The primary and specific purposes and general pur- poses of the Association are set forth in the Articles of Incorporation of the Association. In consonance with those purposes , the Association shall maintain any private road easements and pool areas . ARTICLE III Members Section 1 : Number of Members . There shall be one membership for each Lots 1 through 5 of Tract 6753 , in the County of Riverside, State of California, as per Map filed in Book Page, , Records of Riverside County, California. Section 2 . . Qualification of Members . Each person- who is the owner o a fee simple interest in a lot. in the development shall be entitled to a membership in the Associ- ation and shall be a member of the Association; provided, how- ever , that such membership is not intended to apply to those persons who hold an interest in any lot merely as security for the performance of an obligation to pay money, e. g . , mortgages , deeds of trust, etc. In the event that such interest is owned in joint tenancy or tenancy in common, only one of such joint owners shall be a member of the Association. Such owners shall from time to time designate one of their number in writing to vote and to exercise all of the rights of membership . The non-voting joint owner, however , shall be entitled to all the benefits of membership of the Association, subject to the By-Laws and to the rules and regulations as may be promulgated from time to time by the Board of Directors . Such non-voting owner shall be jointly and severally responsible for the dues , assessments and charges levied against , incurred by, or attributed to the membership from which such member derives the rights and benefits referred to in this Section. Section 3 : Subdivider' s Commitment. Assessments charged to unsoId units within the development which are sub- ject to the authority of the Association shall be billed and charged to the subdivider of the development which is Charles P. Skouras , Jr . , and Harold W. Levitt, Joint Venturers . Said subdivider shall have the duty and obligation to pay the assessments on unsold units within the development until the date of sale of each of said units . Section 4: Transfer of Membership . Membership in the Association shall be trans erable only when the entire given lot has been validly conveyed or assigned by written instrument or by operation- of law. Any transfer made in accordance with this Section shall be effective only upon the filing of a written notice with the Board of Directors by the transferor, to the effect that said transferor gives up and relinquishes all such privileges , rights and incidents for the period during which said agreement , conveyance or assign- ment remains . effective. In connection with any transfer pursuant to this. Section, the Association may charge the transferor-member a Ten Dollar ($10 . 00) transfer fee for each transfer ; provided, however , no such charge may be made to the holder of a first deed of trust who acquires title to any lot by foreclosure, trustee' s sale, or a deed in lieu of fore- closure. The provisions of this Section shall not apply to the subdividers , or to their successors in interest or assigns . Section 5 : Voting and Majority Rule: Voting rights of the members , including but not limited to the declarant , are set forth in the Declaration of Covenants , Conditions and Restrictions which is incorporated herein by reference thereto . Section 6 : Privileges for Members and Families of Members . Members and families of members shall e entit e to use any common facilities of the Association, subject to reasonable fees which may be set by the Association. 2, n Section 7 : Suspension of Privileges . The Board of Directors may suspend t e voting privileges of any member and the privilege of any member to use any common facilities if any member should violate any of the provisions of the Declaration or these By-Laws . Before any such suspension shall occur the Board shall give written notice to any such member accused of violating the Declaration or these By-Laws that such accusation has been made. Such notice shall be given at least fifteen (15) days in advance of the time set , for a hearing before the Board to determine whether or not such accused member has violated any of the provisions of the Declaration or these By-Laws . Such notice shall specify the time and place of such hearing, and shall specify the nature of the charges brought against such accused member . If such accused member is found by the Board to have violated any of the provisions of the Declaration or these By-Laws he or she shall have ten (10) days within which to cure such violation before the Board shall suspend voting privileges and the privilege to use the common area. This paragraph shall not in any way limit any of the provisions of the Declaration and/or these By-Laws relating to any assessment levied against any members of the Association. ARTICLE IV Meetings of Members Section 1: Place of Meeting . All annual meetings of members shall e helms e principal office of the Association, or at such other place within the County .of Riverside, State of California, subject to the limitations herein, as may be fixed from time to time by resolution of the Board of Directors , and all other meetings of the mem- bers shall be held either at the principal office or at such other place within the County of Riverside, State of California, which may be designated either by the Board of Directors pursuant to authority hereinafter granted to said Board. Any meeting is valid wherever held, if held by the written consent of all members entitled to vote thereat , given either before or after the meeting and filed with the Secretary of the Association. Section 2: Annual Meetings . Annual meetings of members shall be held on the anniversary date of the first annual meeting at 10: 00 A.M. , provided that if said day should fall upon a legal holiday, then any such annual meeting of members shall be held at the same time and place on the next day thereafter which is not a holiday. Notwith- standing anything to the contrary contained herein, the first 3 . annual meeting shall be held either (1) six (6) months -from the date of sale by the subdivider of the first lot of the development , or (2) after three of the lots of the development have been sold, whichever event first occurs . Written notice of each annual meeting shall be given by the Secretary of the Association to each member entitled to vote, either personally or by sending a copy of the notice through the mail or by telephone , charges prepaid, to his address appearing on the books of the Association, or supplied by him to the Association for the purpose of notice. If a member supplies no address notice shall be deemed to have been given him if mailed to the address of the lot affected, or published at least once in some newspaper of general circulation in the County of Riverside. All such notices shall be sent to each member entitled thereto not less than ten (10) nor more than sixty (60) days before each annual meeting, and shall specify the place, the day and the hour of such meeting. Section 3: Special Meetings . Special meetings of members oar any purpose or purposes whatsoever may be called at any time by the President or by the Board of Directors , or by any two or more members thereof, or by one or more members holding not less than twenty percent (20%) of the voting power of the Association. Except in special cases where other express provision is made by statute, notice of such special meetings shall be given in the same manner as for annual meetings of members .. Notices of any special meeting shall specify in addition to the place, the day and the hour of such meeting, the general. nature of the business to be transacted. Section 4: Adjourned Meetings . Any members ' meeting, annual special, whether or not a quorum is present, may be adjourned from time to time by the vote of members present or represented at such meeting and entitled to cast a majority of votes represented at such meeting to a time not less than forty-eight (48) hours nor more than thirty (30) days from the time the original meeting was called. In the absence of a quorum, no other business may be transacted at any such adjournment or of the business to be transacted at an adjourned meeting , other than announcement at the meeting at which the adjournment is taken. _ Section 5 : Entry of Notice: Whenever any member _who is entitled to vote has been absent from any meeting 4. a4 �1 .of members , whether annual or special , an entry in the minutes to the effect that notice has been duly given shall be conclusive and incontrovertible evidence that due notice of such meeting was given to each member , as requiered by law and the By-Laws of the Association. Section 6 : Quorum: The presence in person or by proxy of members entitled to cast in. excess of one- half (1/2) of the votes represented by all members of the Association shall constitute a quorum for the transaction of business . The members present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment , notwithstanding the withdrawal of enough members to leave less than a quorum; provided , however , there shall be deemed a quorum if there are present at the meeting when reconvened pursuant to Section 4 of this Article IV at least two-fifths (2/5ths) of the votes of all members of the Association. Section 7 . Consent of Absentees : The transaction of any meeting f members either annual or special , however called and noticed, shall be as valid as though had at a meeting duly held after regular call and notice, if a quorum be present either in prson or by proxy, and if , either before or after the meeting each of the members entitled to vote , not present in person or by proxy, sign a written waiver of notice, or 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 records of the Association or made a part of the minutes of the meeting. Section 8 : Proxies . Every person entitled to vote or execute consents shall have the right to do so either in person or by an agent or agents authorized by a'written proxy executed by such person or his duly authorized agent and filed with the Secretary of the Association; provided, that no such proxy shall be valid after the expiration of eleven months from the date of its execution, unless the member executing it specifies therein the length of time for which such proxy is to continue in force , which in no case shall exceed two (2) years from the date of its execution. Section 9 : Balloting. On all questions where a majority of the members deem it necessary, and in any event in the election or removal of members of the Board of Directors . r ballots shall be cast secretly and in writing, folded in such a manner that the way in which the ballot is marked cannot be seen, and deposited into a receptacle. The ballots shall be counted immediately upon collection there- of by two (2) members selected by the Chairman of the meeting. The Chairman shall announce the results of the balloting immediately, and the ballots may be inspected by any member. ARTICLE V Directors. Section 1 : Powers . Subject to limitations of the Articles of Incorporation or the By-Laws , or the Calif- ornia Corporations Code as to action to be authorized or approved by the members , and subject to the duties of dir ectors as prescribed by the By-Laws , all corporate powers shall ,be exercised by or under authority of, and the bus- ness and affairs of the Association shall be controlled by the Board of Directors ; without prejudice to such gen- eral powers, but subject to the same limitations , it is hereby expressly declared that the .directors shall have the following powers , to wit : (a) To •select and remove all the other officers , agents and employees of the Association, prescribe such powers and duties for them as may not be inconsistent with law, with the Articles of Incorporation or the By-Laws , fix their compensation and require from them security for faithful service; . (b) To conduct , manage and control the affairs and business of the Association, to maintain the easements for roads , the adjoining slopes and bridle paths within the development , if any, and the recreational facilities of the Association, if any, and to make such rules and regulations therefor not inconsistent with law, with the Articles of Incorporation or the By-Laws , as they may deem best (c) To contract and to levy assessments for maintenance .of the easements for roads , the adjoining slopes and bridle paths , as established on any recorded map of any portion of the development , or any other recorded document regulating the. use of the development , and for the manage- ment and maintenance of the recreational facilities , if any, for the benefit of the members.. 6. (d) To adopt , make and use a corporate seal , and to prescribe the forms of certificates of membership, and to ' alter the form of such seal and of such certificates from time to time as in their judgment they may deem best , provided such seal and such certificates shall at all times comply with. the provision of law; (e) To authorize the issue of memberships to such persons as shall be eligible for memberships as in Article III of these By-Laws provided; (f) To appoint an executive committee, and to delegate to such. committee, subject to the control of the Board of Directors , any of the powers and authority .of said Board, except the power to adopt, amend or repeal the By-Laws . (g) To 'enforce the provisions of that Declaration of Covenants , Conditions and Restrictions recorded on as Instrument No . and as amended, Official Records of Riverside County, California (the "Declaration") against the development; (h) To exercise all the powers and authorities set forth in.the Declaration including, without limitation, the assessment' powers therein; (i) To contract and to pay for maintenance, gardening, utilities , materials and supplies , and services relating thereto within the development and to employ person- nel reasonably necessary for the operation of the project including lawyers and accountants where appropriate; (j ) To pay taxes and special assessments which are or would become a lien on the property of the Association, if any; (k) To contract and pay premiums for fire, casualty, liability and other insurance, including indemnity and other bonds , on said facilities , if any; (1) To delegate its powers . Notwithstanding any or all of the foregoing powers, the Board of Directors shall not enter into any contracts which bind it or the Association for a period in excess of one (1) year , unless reasonable cancellation provisions are included therein. Section 2. Number and Qualification of Directors . The Board of Directors shall consist of three 3directors until changed by appropriate amendment . Section 3 . Election, Term of Office and Removal . The directors shall be elected at each annual meeting of members to serve for a term of one (1) year, but if any such annual meeting is not held or the directors are not selected thereat , the directors may be elected at any special meeting of members held for that purpose. Any director may be re- moved at any meeting of the members . However , unless the entire Board is removed, an individual director shall not be removed if the number of votes voted against the resolution for his removal exceeds the quotient arrived at when the total number of outstanding votes entitled to vote is divided by one plus the authorized number of directors . All directors , unless removed,. shall hold office until their respective suc- cessors are elected. In any vote for the election of or removal of more than one (1) director , members shall be entitled to cumulate their votes ; that is , all .or any part of the total number of votes that each member has (based upon one vote per member for each vacancy to be filled or director to be removed) may be cast for the election of or removal of any one director . The first election shall be held either (1) one year from the date of sale by the subdivider of the first lot' in the development , or (2) one year from the date of the adoption of these By-Laws , whichever occurs first. The directors selected by the subdivider to serve until such time shall be employed only until said first annual election. Notwithstanding anything to the contrary hereinabove should this voting procedure fail to result in the election of at least one director who is not an employee or agent of the declarant by reason of the owners other than the declarant nothaving sufficient percentage of the voting power to elect such a director , the otherwise elected director receiving the least amount of votes shall be removed .from the Board and an election for such director ' s post will be conducted wherein only the owners other than declarant shall have the right to vote. In case such special election is held, the other provisions of this Section, including but not limited to, provisions for cumulative voting, shall govern. Section 4: Vacancies . Vacancies in the Board of Directors may-be fled by a majority of the remaining directors , though less than a quorum, and each director so elected shall hold office until his successor is elected at an annual meet- ing of members or at a special meeting called for that purpose. 8 . A vacancy or vacancies shall be deemed to exist in case of death, resignation or sale of'hi:sresidential lot by any director , or if the members shall increase the author- ized number of directors but fail at the meeting at which such increase is authorized, or at an adjournment thereof, to elect the additional directors so provided for, or in case the members fail at any time to elect the full number of author- ized directors , or if a director is removed by the members . The members may at any time elect directors to fill any vacancy not filled by the directors , and may elect the additional directors at the meeting at which an amendment of . the By-Laws is voted authorizing an increase in the number of directors . If any director tenders his resignation to Board of Directors, the Board shall have the power to elect a successor to take office at such time as the resignation shall become effective. No reduction of the number of directors shall have the effect of removing any director prior to the expiration of the term of his office. Section 5. Place of Meetij�R. All meetings of the Board of Directors shall be held at the principal office of the Association within the County of Riverside, or at any place or places within or without the State of California des- ignated at any time by resolution of the Board or by written consent of all members of the Board. Section 6 . Organization Meeting. Immediately following each annual meeting of members , the Board of Direc- tors shall hold a regular meeting for the purpose of organi- azation, election of officers and the transaction of other business . Notice of such meetings is hereby dispensed with. Section 7 . Other Regular Meetings . Other regular meetings of the Board of Directors bay be held without call .at such place and day and hour as may be fixed from time to time. Section 8. Special Meetings . Special meetings of the Board for any purpose or purposes whatsoever may be called at any time by the Chairman of the Board or by any two (2) directors and upon notice duly given in the manner provided in Section 2 of Article IV of these By-Laws and specifying, . in addition to the place, the day and the hour of such meet- ing, the general nature of the business to be transacted thereat. Section 9 . M Jority Rule. Except as expressly provided elsewhere in these By-Laws , a simple majority of the ,9 , directors present at any meeting duly held at which a quorum is present shall prevail on all questions . Section 10: Election of Officers . All officers shall be chosen by vote o the Board of Directors , except such officers as may be appointed in accordance with Sections 3 and 5 of Article VI hereof. Section 11 : Directors Acting Without a Meeting Unanimous Consent . Any action required or permitted to be taken by the Board of Directors may be taken without a meeting and with the same force and effect as if taken by a unanimous vote of directors , if authorized by a writing signed by all members of the Board. Such consent shall be filed with the regular minutes of the Board. Section 12 : Members Acting Without a Meeting . Any action required or permitted to be taken by the members may be taken without a meeting and with the same force and effect as if taken by a unanimous vote of the members , if authorized by written approval of all the members . Any action so approved shall have the same effect as though taken at a meeting of the members . ARTICLE VI Officers Section 1: Officers . The President , Vice Presi- dent , Secretary and Treasurer of this Association, and such other officers of this Association, having the custody of , or access to , the funds of this Association, shall be and each of them is , hereby required to obtain and furnish to this Association a bond from such bonding or insurance company and in such form as shall meet with the approval of the Board of Directors , -for the true and faithful accounting of this Associ- ation of all funds of this Association in the custody of, and under the control of , each such officer and insuring this Association against loss for breach thereof , the cost of all such bonds to be paid by this Association. Section 2 . Election. The officers of the Associ- ation, except such officers as may be appointed in accordance with the provisions �of Section 3 of Section 5 of this Article, shall hold his office until he shall resign or shall be re- moved or otherwise disqualified to serve , or his successor shall .be elected and qualified. — Section 3 . Subordinate Officers etc. . The Board of Directors may appoint such other officers as the business of the Association may require , each of whom shall hold office as the Board of Directors may determine. 10. Section 4. Removal and Resignation. Any officer may be removed, either with or without cause, by a majority of the directors at the time in office, at any regular or special meeting of the Board, or , except in the case of an officer chosen by the Board of Directors , by any officer upon whom such power of removal may be conferred by the Board of Directors . Any officer may resign at any time by giving written notice of the Board of Directors or the President or the Secretary of the Association. Any such resignation shall take effect at the date ofthe receipt of such notice or at any later time specified therein; and, unless otherwise spec- ified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 5 . Vacancies . A vacancy in any office because of death, resignation, removal , disqualification, or any other cause, shall be filled in the manner prescribed in the By-Laws for the regular appointments of such office. Section 6 . President . Subject to such super- visory powers , if any, as may be given by the Board of Directors to the Chairman of the Board, if there be such an officer , the President shall be the chief executive officer of the Association and shall, subject to the control of the Board of Directors , have general supervision, direction and control of the business and officers of the Association. He shall pre side at all meetings of the members and in the absence of the Chairman of the Board, or if there be none, at all meet- ings of the Board of Directors . He shall be ex-officio member of all the standing committees , including the execu- tive committee , if any, and shall have the general powers and duties of management usually vested in the office of president of �an association, and shal 1 have ,such other powers and duties as may be prescribed by the Board of Dir- ectors or the By-Laws . Section 7 . Vice President . In the absence or disability of the President , the Vice President shall perform all the duties of the President , and when so acting, shall have all the powers of and be subject to all the restrictions upon the President . Section 8. Secretary. The Secretary shall keep , or cause- to bekept , a book of at the principal office or such other place as the Board of Directors may order , of all meetings or directors and members , with the time--and place of holding, whether regular or special , and if special , how authorized, the notice thereof given, the names of those present at directors ' meetings , the number of memberships present or represented at members ' meetings and the proceedings 11. t9 thereof. The Secretary shall keep , or cause to be kept , at the principal office or at the office of the Association' s transfer agent , a membership register, or a duplicate member- ship register , showing the names of the members and their addresses , and the property to which each membership shall relate, the number of membership , the number and date of cancellation of every certificate surrendered for cancel-. lation. The. Secretary shall give , or cause to be given notice of all meetings of the members and of the Board of Directors required by the By-Laws 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 of Directors or the By-Laws . Section 9 : Treasurer . The Treasurer shall keep and maintain, or cause to be kept and maintained , adequate and correct accounts of the properties and business trans- actions of the Association. The books 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 and to the credit of the Association with such depositaries as may be designated by the Board of Directors . He shall disburse the funds of the Association as may be ordered by the Board of Directors , 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 of Directors or the By-Laws . ARTICLE NII Miscellaneous Section 1: Record Date and Closing Membership Register . The Board of Directors may fix a time , in the utf ure , not exceeding fifteen (15) days preceding the date of any meeting of members , and not exceeding thirty (30) days preceding the date fixed for the payment of any distribution, as a record date for the determination of the members entit- led to notice of and to vote at any such meeting, or entitled to receive any such distribution, and in such case only members of record on the date so fixed shall be entitled to notice of and to vote at such meeting, or to receive such distribution, as the case may be, notwithstanding any transfer of any member- ships on the books of the Association after any record date 12 . 3 fixed as aforesaid. The Board of Directors may close the books of the Association against transfers of memberships during the whole, or any part, of any such period. Section 2 : Inspection of Corporate Records . The membership register or duplicate membership register , the books of account and minutes of proceedings of the members and directors shall be open to inspection upon the written demand of any member , at any reasonable time, and for a pur- pose reasonably related to his interests as a member , and shall be produced at any time when required by the demand of members entitled to cast at least twenty per cent (20%) of the votes represented at any members ' meeting . Such insp.ec- tion may be made in person or by an agent or attorney, and shall include the right to make extracts . Demands of inspection other than at a members ' meeting shall be made in writing upon the President , Secretary or Assistant Secretary of the Association. Every such demand, unless granted, shall be referred by such officer to the Board of Directors . Section 3 . Checks , Drafts , Etc . All checks , drafts or other orders for the payment ot money, notes or other evidences of indebtedness , . issued in the name of or payable to the- Association, shall be signed or endorsed by such person or per and in such manner as , from time to time shall be determined by resolution of the. Board of Directors . Section 4. Contract , Etc . , How Executed. The Board of Directors , except as in the By-Laws otherwise pro- vided, may authorize any officer or officers , agent or agents to enter into any contract or execute any instrument in the name of and on' behalf of the Association , and such auth- ority may be general or confined to specific instances ; and unless so authorized by the Board of Directors , no officer agent or employee shall have any power or authority to bind the Association by any contract or engagement , or pledge its credit, or to render it liable for any purpose or to any amount. Section 5 . Damage to or 'Destruction of Association Property. In the event that any of the property of the Associ- ation is totally or partially damaged or destroyed by fire or othe casualty, the Board shall obtain an estimate or estimates of the cost to repair such damage , and a special meeting of the members shall be called forthwith. The members shalll vote at such meeting whether or not to repair the damaged facilities using, insofar aspossible, the proceeds of insurance. In the event that a decision is made not to rebuild, any insurance proceeds- shall be distributed in 13 . accordance with the provisions of Article NINTH of the Articles of Incorporation of the Association. ARTICLE VIII Amendments Section 1 : Powers of the Members . The By-Laws. of this Association may be adopted, amended, or repealed either at a duly constituted meeting at which a quorum is present by a majority vote 'of the members present at such meeting , or without a meeting, by the written assent of a majority of the members . ATTEST: temporary Secretary 14. `CERTIFICATE OF SECRETARY I, the undersigned, do hereby certify: (1) That I am the duly elected and acting Temporary Secretary of PALM DESERT HOMES OWNERS ASSOCIATION, a California corporation; and (2) That the foregoing By-Laws comprising fourteen (14) pages , constitute the original By-Laws of said Cor- poration as duly adopted at the first meeting of the Board of Directors thereof duly held% on the day of , 1975 . � Temporary Secretary 3r,Xv 9 P rti � EUR(Kq• F �'� P s FILED, RIVERSIDE COUNTY CLERK' S OFFICE October 14, 1975. #14476 z Ck 0 Ca IIFOWA OFFICE OF THE SECRETARY OF STATE I I I, MARCH FONG EU, Secretary of State of the State of California, hereby I certify: That the annexed transcript has been compared with the 1u.coi:» on file in this office, of which it purports to be a copy, and that same is full, true and correct. IN IVITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this OCT 3 - 1975 17 Secretary of State P:r/SlA Yr FoPM}.r 107 1nry r.}s1 ENDORSED ARTICLES OF INCORPORATION F i L F D to fhe once of the Secretory of SWO Of the Stall of OF 00T 3 - 1475 MARCH FONG Eu, Secretary of Stlle PALM DESERT HOMES OWNERS ASSOCIATION By JAM[5 E. HARRI$ i Doputy FIRST : The name of this corporation shall be : PALM DESERT HOMES OWNERS ASSOCIATION SECOND : The purposes for which this corporation is formed are : (a) The specific and primary purposes are to maintain and service all common property within any area owned by the members of this corporation. (b) The general purposes and powers are to promote , establish, conduct and maintain activities on its own behalf or it may contribute to or otherwise assist other corporations , organizations and institutions carrying on such activities . For such purposes , it may solicit and receive funds and other property, real , personal, and mixed and interest therein by gift , transfer , devise and bequest , and invest , reinvest , hold, manage, administer , expend and apply such funds and property , subject to such conditions and limitations-, if any, as may be expressed in any instrument evidencing such gift , transfer , devise or bequest . (c) The corporation may fix, establish or levy and collect from its members , dues, fees , charges and assessments and enforce any lien which may be pro- vided to secure the payment- thereof . (d) The corporation shall not : (1) Advocate the election or defeat of any candidate for public office ; (2) Participate or intervene directly or indirectly in any political campaign; (3) Advocate the adoption or rejection of any legislation save incidentally, if such may affect its overall purposes ; (4) . Discriminate in its activ- ities among individuals , organizations , insti- tutions ; firms , associations or corporations on the basis of sex , race , religion, region or country of national origin. (5) Encourage , support nor ai-d in any way individuals , corporations , organi- zations or institutions that discriminate in their activities on the basis of sex , race , religion , region or country of national origin. `TIURD : This corporation is organized pursuant to the General Non-Profit Corporation Law of the State of -- California . FOURTH: The commencement of this corporation shall be the date these Articles are filed and recorded , and 2 . aF this corporation shall have perpetual existence under the laws of the State of California. -FIFTH: The County in the State where the principal office for the transaction of business of the corporation is located in the County of Riverside, State of California. SIXTH: The corporation formed hereby shall have no capital stock and shall be composed of members rather than shareholders . All property owners of Lots 1 through 5 , inclusive, of Tract 6753 in the County of Riverside , State of California, as per Hap filed in Book 83 , Pages 70 and 71 Records of Riverside County, California, and such other territory as may be added pursuant to the By-Laws , shall be voting members of this Association , so long as they are in good standing as set forth in the By-Laws . SEVENTI-I: The affairs of the corporation shall be conducted by a Board of Directors and such officers as the Directors and voting members may , from time to time , elect to appoint . The number of Directors shall be not less than three .(3) nor more than five (5) . The Directors shall be elected by the members entitled to vote at the annual meeting of the corporation to be held as set forth in the Declaration. Directors must be voting members and shall hold office for such terms and shall be. elected in such manner as shall be designated 3 . in the By-Laws . Until the first meeting of the members and until their successors have been elected and have qualified , the following persons shall constitute the . Board of Directors : NAME ADDRESS Harold W.. Levitt 3102 North Doheny Drive Los Angeles , California 90048 Charles S . Skouras , Jr. 3102 North Doheny Drive Los Angeles , California 90048 0. P . Ladd 6272 .Van Buren Boulevard Riverside, California. 92503 EIGHTH: The By-Laws of this corporation may be adopted by the Directors named in the Articles of Incorpor- ation and may thereafter be amended or repealed by the .means provided in the By-Laws . NINTH: In the event of the dissolution of the corporation for any reason, the assets of the corporation, after paying or adequately providing for the debts and obli- gation's of the corporation, shall be distributed to any appropriate public agency to be used for purposes similar to those for which the Association was created. In the event such distribution is refused acceptance , or upon the vote or written consent of a majority of the members of the Associ- ation , such assets shall be granted, conveyed and assigned to any non-profit corporation, association , trust or other organization organized and operated for similar purposes . 4. TII`N!T11: The Articles of - Incorporation of this corporation shall not .be amended, supplemented or modified except by the written consent or the vote at a meeting of seventy-five percent (75%) of all eligible voting members . In the event any. term or provision of the- By-Laws may .con- flict with these Articles of Incorporation, then these Articles of Incorporation shall govern. IN WITNESS WHEREOF, we have hereunto affixed our signatures this 27th day of August 1975 . afro Id/ d. Le att ar 'es 5 . S ouras , Jr�;/ a STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE SS . }. Inclividual /�c.I<nnvrlrdrinunit SIn1I. 01 c:nl_II oftfll/\ Q t t COUNI_y Qf= 1 ; Il p ; SS. On co Irlr, the undcr,irincd, a Notary Public in and for'said U uunly ;md SIaM. l,ri •nnally allllc'111A _J = Irnown In Im, to he the Ilcrson �. whose rlante 3.3 subscribed to the within instrurneltl and - — acl<nowlerlged Ihal�.�r'-._....— executed the Same. 0 J Notary Seal ,t 1NITNC.SS my hand anti official kcal. Md. � � --�- --)- ..l.a it r/,I if Y.tl NIA #Il�4- tiy cnlnnl. rxpucs At R 1, 1979 1 NotaryPublic ill and for' ;;lid Count and Slate ri :n Y 1 . � When recorded return to .O REID, BABBACE 6 COIL qp 3800 Orange Street r� P.O. Box 1300 0 a ® Riverside, CA 92502 0 W � � • � FIRST AMENDMENT TO DECLARATION OF F COVENANTS, CONDITIONS AND RESTRICTIONS THIS AMENDMENT, amending the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS recorded:1ebruary 27"�: . 12 as Instrument Numb�k 2 fficial Records of the j I Recorder, County of Riverside, State of California, is made this _ day of l; 1976, by CHARLES P. SKOURAS, JR, and HAROLD W. LEVITT ("Declarant") as follows: A. Exhibit "B" attached to said Covenants, Conditions e� and Restrictions is hereby deleted, and substituted therefor is co 3 Exhibit "B-1"• Any reference in the Covenants, Conditions and Restrictions to Exhibit "B" is deemed to refer only to Exhibit "B-1", K IN WITNESS WHEREOF, Declarant has executed this m Instrument as of the date first above written, DECLARANT � lU By iar es P, DECLARANT By Harc7rd�W, Lever -1- i , i. I, ry I . o A CKNOWLEDG IF-•LENT i O i Cl) STATE OF CALIFORNIA ) sa. COUNTY OF. On �'.'n'r, l_ )' 1976, before me, a Notary Public in and or said County and State, personally appeared CHARLES P. SKOURAS, JR., known to me to be the person whose name is subscribed to the within instrument and acknowledged that .he executed the same. Notary c In an r said County and State F rA 7a NU.TY i�� •'• :iL:.1 J:.. C41C.4Ni•i STATE OF CALIFORNIA ) es. COUNTY OF;X On '' t. •t� 1976, before me, a Notary Public in and for said County and State, personally appeared HAROLD W. LEVITT, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. It NuITY e (.T. / f C C1 NLL y Put-i c n an or AJ4 C "?v Notary County and State a , I:.L SEAL _�'• W o.�A MWA My 11 WL -2- i 1. If r I�. U i1 •O O• PAkr III -- llunca:r I<C,tt: SI11:11'r AND C711:CA Slq:;:'r I - I Per Unit 'ru tal :,ta1 I•er ?lu, td•+nttlly :;nual 100 FIXED COS'r5 `3 H I01 Ad Valorem.Taxcs 102 Corp. Franchise Taxes 103 Insurance t jS =6 .200.00 104 Business Licenses, etc, .12 30-- . '—BLS 0 738.00 SUB TOTAL 15.63 78.15 9 37.80 _ 2U0 ASSOCIATION O1'ERA'riSG COSTS 201 Electricity Li,;hting (206) Lensed No. Lighting OwnedAh'Il To-on 100. 0 1 "700 Elevator (2(210)0) CO Air Conditioning (212) 1-j Swimming Pool (213)Tennis Courts,(214) 2.02 Gas Hot Water (204) Central Ilcating (212) Swimming Pools (213) 203 'rater Irrigation 6.70 43.50 522.00 homcstic Conditioning - Softener 205 Television Cable Service 207 Custodial 208 Landscape Care Area 50.00 250.00 3000.00 landscape Suppltcs 209 Refuse Disposal Cans Bins —— 3.70 18.50 222.00 210 Elevator \o. Type 211 Streets and Drive. - Sweeping Area '12 Heating.and Air-Conditioning Area 213 Sutruning Pool Site IN: RN01 62.3 EXHIBIT Revised: 10/31/75 PAGE I OF 2 N I� O P I Pt•r fait Total Total I'cr 4n. Vnn:hit' Aanual }.'.'i\I'I11\ .tla'I:\I'I,\1; COS'1'ti (LO.nt) H :15 SecurItt. Cuird - L':wry per day . Motorized 1 Iln Mls;cllancons Repairs ]0.0n 50.00 r,00.00 Pest Control i sno,. Removal I SUB TOTAL q^.4n 14 nn 55a4.00 CJ R:�-P I S I NZ RI.PL' AIIILNT -,01 Pa;nitng, area 1n.00 50.nn r,n0.00 C,�1 t.`:. R;of.n1, area in.50 52.50 630.00 :0 Carx•tf• and Flooring. area CA :in• L:cvatnr. No. Typc SP 6;rrets an,: ftiailra,s, area 7.00 35.00 1,21.p0 30t, Ccntr.�! iicating and Air Conditioning Area fool,S,cc :,li icnnts Courts, l:c. _Type SUB TOTAL 27.5n 137.50 TGtn.00 •:,,; f"wessional IUinagement - 7.00 jS.nn 420.00 :0- —176n —1.n.-6n —r,7fn—.00 403 Acronntinl - -- -- --- SUB TOTAL Is.nn 7ti.n0 1nn.00 TOTAL BUDGET 150.53 7''7.f•5 1031.Bn 'Iho item, a!w-1 aho,•c 1,i 11 not 1•.• al•pltcablc to ..I1 111 10:1< :I r..'. n n,.n<i,•n Icntnrr, at n i•rn,rct n.y' inr.'lt'c cthcr I-em, I it' drill,.•, { IAes, door"'11, telephone sv:,tchhoards,'sccut't(q and/5 C t 4 A Q LFS P. SKO(1 PA;. JR. Rceiscd: 10/31/75 av: .L.i",t.',.. (�i�../Z1:'!•F.1. - - fiAPnLn W. I.F.VI TT F.V 4 1 A I T "a-1" PAC<F 2 OF 2' WHEN RECORDED RETURN TO: CHARLES P. SKOURAS AND HAROLD W, LEVITT POST OFFICE BOX 48665 LOS ANGELES, CALIFORNIA 90048 c $ i W 9 v om W L&cl o< 1l , P ' ad � 99 H DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR ^� X TRACT NO. 6753 ' Ccall W �o rc m r •N V DECLARATION OF COVENANTS V CONDITIONS AND RESTRICTIONS FOR TRACT 6753 THIS DECLARATION is made as of the 24th day of H February 197 6 by CHARLES P. SKOURAS, JR._ and HARQM W TFVTTT Tint Venturers. RECITALS A. Declarant is the owner of certain real � property (the "Real Property") located in the County of ski Riverside, L�e, Sta of California, described as follows: k W Lots 1 through 6, both inclusive, of Tract No. 6753 in the City of Palm Desert, County of Riversidc,state of California, as per map recorded in Book 83, pages 70 and 71 of Maps, in the office of the County Recorder of said county. B. It is the desire and intention of Declarant to sell and convey Lhe Real Property and to impose on it mutual, beneficial restrictions under a general plan of improvement for the benefit of the Real Property, the improvements and structures thereon, and future owners thereof. NOW, THEREFORE, Declarant hereby declares that all of the Real Property is held and shall be held, con- n a f r veyed„ hypothecated, encumbered, leased, rented, used, occupied and improved subject to the covenants, conditions and restrictions set forth in this Declaration, all of which are declared and agreed to be in furtherance of a plan for the development, improvement and sale of the Real y H Property and of enhancing and perfecting the value, desir- ability and attractiveness of the Real Property and every part thereof. All of the covenants, conditions and restric- tions set forth in this Declaration shall run with the Real Property and each part thereof and shall be binding on all parties having or acquiring any right, title or interest in the Real Property, or any part thereof, and shall be N for the benefit of each Owner of any portion of the Real Property, or any interest therein, and shall inure to the (� benefit of and be binding upon each successor in interest , of the Owners thereof. ARTICLE I DEFINITION OF"TEMS 1.01. Articles of Incorporation: Articles of Incorporation of Palm Desert Homes Owners AssQGia on a non-profit California corporation as the same may be i .r� amended from time to time. 1.02. Association: PaJI"s_-ert_Home&_0wners_ Asp a non-profit California corporation, the members of which shall be all of the several Owners of thu Baal Property. -2- r ' M A 1.03. L'u:nd: 'Tile duly elected Board of Directors w I o —L Ll of the Association. . > r The duly adopted By-Laws of the Association, a:: Ole ::arnc may be amended from time to time. H 1.05. Common Areas: Lot 6 of Tract 6153— which includes all portions c of the (teal 1'1:operl:y cxcepL the Residential Lots. _ } w.y"du•" .j•:,- :tw . .t. , ... �Mr. ,�,fr° r-�. _•„r-•s+, ,.. .. - 1 r 1.06. Ro: triCt-vd Crn;.r;on Arco:;- Area I_Lhrou1:1LV_9f Tract 6753. ScC .1f-rached dv;criLLion.marked, Exhibit. "A", which are adjacvnL to the rr•::;:r•ctivc rc•:;idcuCial holm: lots and shaLl be usod c::c11I:;1vvly by Lhc U:ancrs of said Residential Lots. W 1.07. Cu;,nnuI _, Faci.Iitiios: All facilities pla,:ed• or vI'ected.,,n the Cult non Arco:;, out including; the Restricted Cu:tc:w:t ArQ;1:;., but. Luclu,lin;; drtvc:•:.tys, :walkways, parking and r•;aip:avriC :rrori:: or cnclosuron. upctt space:., pl:utt..•d aml land::ait,cd nrcn:;, l:md;;caperi lil;htin;;, sprinkling; ::ystcr::: and rcucaLion areas, to which all 0- 11 rS hall have +. 1.08. hc_ck.1, .: Charles P.S.kuuras.__lr. nu,t • Ilarold W_ Levi.C6 iL:: succu;::;ors ;nt,l assigns. II 1.09. Uvvhi%it ion: 'ihis DcclaraLion as amended, ch:ny;ud or in—lific•d frow Litee to t.intc. _3- _. ... m _ ! 1.10. Manager: The managing agent, if any, whether individual or corporate, retained.by Declarant; or by the Association and charged with the management, administration, maintenance and upkeep of the Real `y H Property and the Improvements constructed thereon. I 1.11. Mortgagee: The beneficiary of a recorded deed of trust or the mortgagee under a mortgage encumbering �I,�•:•• any part of the Real Property or the Improvements con- •w� - � structed thereon.. i 1.12. Improvements: All structures and construc- tion of any kind, whether above or below the land surface, including but not limited to, buildings, outbuildings, ' F,CL utility lines, parking facilities and any other structures of any type or kind. 1 1.13. Owner: The record fee owner, or owners, if more than one, of a Residential Lot, including Declarant, so long as any Residential Lots remain unsold. 1.14. Residential I.ot: Any of Lots 1 through 5 of Tract 6753 ARTICLE II THE ASSOCIATION I 2.01. Membership. Every Owner shall be a member -4- ' 1 � 1 . n P /J V 1� V of the Association. Status as an Owner is the sole quali- fication for membership , such membership being deemed an � incident of ownership of a Residential Lot. However, not .more than three Owners of any jointly owned Residential Lot N may be issued membership in the Association. For purposes . of this Section, a husband and wife who jointly own an interest in a Residential Lot shall be deemed to be a single Owner. An individual's membership in the Association shall 1 commence as of the date that he receives title to a Resi- dential Lot and shall terminate upon the date of termination of his ownership of a Residential Lot. No Onwer may trans- fer his membership in the Association separate from a con- cn veyance of his Residential Lot. 2.02, Votinp, .Rights: There shall be two classes , y of voting rights: (a) There shall be one vote allocated for each Residential Lot owned by Owners other than Declarant. In the event a Residential Lot is owned by two or more persons, whether by joint tenancy,. tenancy in common, or otherwise, the vote for such Residential Lot shall be exercised as the Owners thereof deter- mine, but the vote attributable to such Residential Lot shall be cast by only one of the Owners of such Residential Lot who shall be designated by the sev- era l Owners of such Residential Lot. In the absence -S- 1 n 1 N V N ' �V of such a designation by such Owners and until such designation is-made, the Board shall make such designation. H M (b) Declarant shall be entitled to three votes j for each Residential Lot owned by it until.the,first •� of the following events shall occur: , . Y (i) When 60%, of the Residential Lots have been sold to Owners other than Declarant; (ii) The expiration of two years from the date this Declaration is recorded in the W Official Records of Riverside County; or �+ (iii) The expiration of one year after the date of the latest issuance by the Department. of Real Estate, State of California, of a final Subdivision Report with respect to any portion of the Real Property. 2.03. Muetinps of the Association. An organiza- tional meeting of the Association shall be held at a time a and place in the County of Riverside to be determined by Declarant, subsequent to the sale of not less than 40% of the Residential Lots, but in no event later than six months from the date of recordation of the first conveyance of a Residential Lot. Notice of the time and place of such organizational meeting shall be specified in writing and -6- i M o � N V N V given to each Owner by Declarant at least 10 days, and not more than 60 days prior,to the date of said meeting. Thereafter, meetings of the Association shall be held as provided in Article T_V_ cf the By-Laws. H 2.04. Authority and Duties of the Board. Subject. to the provisions of this Declaration, the Articles of Incorporation and the By-Laws, the Board shall-have the authority to conduct all business affairs relating to the Real Property of common interest to all Owners. The powers and duties of the Board shall include, but not N be limited to, the following: Cn 1 F , (a) To levy and collect the maintenance charges and special assessments in the manner set forth in Article VI hereof and to make or authorize the expenditures therefrom as Herein- after described. ,,(b) To contractfor, and pay for the cost of providing all services and maintenance functions Imposed on the Association pursuant to this Declaration, out of funds collected by the Board. (c) To contract for the services of a Manager to the extent deemed advisable by the Board, as well as such ocher personnel as the Board shall require in its discretion for the administration of t1lis 1)cclaratiun and for the performance of -7- n V any or all of the obligations imposed upon the Association or the Board pursuant {I to this Declaration or the Articles of In- corporation or the Ey-Laws. No such contract H with a Manager shall be for a term in excess of one year except with approval of Owners casting a majority of each class of vote.. a (d) To secure a fidelity bond .naming the Manager, and such other persons as may be designated by the Board, as principals and the ' Fat-1 Association as obligee. For the period from the date of the organizational meeting to the end of the calendar year in which said meeting shall occur, such bond shall be in an amount equal to at least 107. of the estimated cash requirement for that period as determined hereunder. Each calendar year thCreaftcr, such bond in an amount equal to at least 10% of the total sum collected by the Association during the preceding calendar year. . I (e) To pay all real property taxes and assess- ments or similar levies assessed against the Common Areas or the Common Facilities by any governmental authority. 3 III (f) To purchase or hire any other materials, -8- s• + ,i t M • n o V supplies, furniture, labor, services., maintenance,, 0 repairs, structural alterations or insurance or to pay any other assessments which the Association is I required to secure or pay for pursuant to the terms of this Declaration, the By-Laws or the Articles of Q M Incorporation or by law or which in the discretion I of the Board shall be necessary or, proper in order r I to carry out its obligations hereunder. However, if any such materials, supplied, furniture, labor, ser- ,xs�t¢ 1--«•�,=--y�^,a vices, maintenance, repairs,,structural alterations, I insurance, taxes or assessments are provided for or attributable to a specific Residential Lot, the cost , thereof shall be specially assessed to the Owner of (J1 such Residential Lot. W (g) To take such other action and incur such other obligations, whether or not herein expressly speci- fied, as shall be reasonably necessary to,perform j the Association's obligations hereunder. II ARTICLE III ' COMMN AREAS AND COMMUNITY FACILITIES i 3.01. Ownership of Common Areas. Prior to the date of recordation of the first conveyance of a Residential ti . Lot to an Owner, Declarant shall convey the Common Areas and the restricted Connnon Areas lien free to the Association. Such conveyance shall reserve to Declarant the right to grant non-exclusive easements for the use of the Common Areas and Community ' ar i -9- s P Facilities to the Owners, such use to.be subject to .this • a ;v-- Declaration and the rules for such use from time to time -+ 'I ^• established by the Board, and shall further reserve the right to Declarant to grant casements for the purpose of H installation and maintenance of utility lines and facilities. Thereafter, the Association shall hold and maintain the. Common Areas, Restricted Common Areas and the Community i • I Facilities for the benefit and use of all Owners. 3.02. Use of Restricted Common Areas. Each Owner .- '} • S shall have the exclusive right to use and enjoy the c Restricted Common Area adjacent to each Residential Lot r jV subject to the right of the Board to enforce its rules and regulations relating to use and occupancy of the Re- W stricted Common Areas. I 3.03. Use of Community Facilities. Each Owner ` shall have the non-exclusive right. to use and enjoy all Common Areas and all Community Facilities constructed there- 1 on. Such right of use shall be deemed an incident of ownership of each Residential Lot and shall be appurtenant to and shall pass with the title to each Residential Lot. Such right or use shall be subject, however, to: (a) the right of the Buard to limit the number of guests of any Owner who may use the Common Areas and Community Facilities constructed thereon; (b) the right of the Board to suspend Owners -10- t . .n i • N V who may be delinquent in the payment of their V assessments from the use of the Common Areas and Community Facilities in accordance with the provisions of the By-Laws. H 3.04. Maintenance. The Association shall have the obligation to maintain the Common Areas and the Community Facilities inthe manner set forth in Article IV hereof. . . ... ._ ; 3.05. Cost of Maintenance. The cost of main- tenance of the Common Areas and the Community Facilities shall be borne by the Owners pro rata in the manner set .� forth in Article VI hereof. co 3.06. Cost of Maintenance of Restricted Common Areas. The cost of maintaining; the Restricted Common Areas shall be borne by the Owner who has the exclusive use of the same.. 3.07. Easements._ Exclusive casements shall be reserved from the Common Areas for the benefit of each Residential Lot for construction and maintenance of j screen walls, wind; walls, air conditioning equipment, and other architectural features of each residential building as constructed by Declarant, provided that such casements shall not extend beyond 60 inches from the Residential Lot line. Further, each Residential Lot shall have an rascment for support and settlement where the residence built as a part of the original construction -11- n c f �i of homes within the project adjoins another Residential Lot. ARTICLF. IV MAINTENANCE_., ~ 4.01. Association Responsibility. 'From and after the date of its organizational meeting, the f i r: Association shall be responsible for the maintenance, supervision and repair of: ' (a) All Common Areas and all Community Facilities located thereon, other than thec Restricted Common Areas: (b) All landscaping, all driveways and sur- face parking areas within the Real Property and.all water, sewage, electrical, telephone, 1;as, cable television and other utility lines and services within the Real Property, but not those portions of such utility lines within any building located. on a Residential Lot; (c) The exterior and all roofs of all buildings constructed on any Residential Lot. Such responsibility shall be limited to normal and usual maintenance and shall not extend to repair Of drnnagc resulLhip. Crom fire or other casualty or from the negligence or willful acts of the Owner thereof or his guests and invitees.. -12- M O C N v In addition, the Association shall be responsible for ~ 4 o the periodic removal of all trash and rubbish generated v from any of the Common Areas, the Community ,i +` •� -,ti• Facilities � or any Residential Lot and the Improvements located thereon. Exhibit "B" contains an estimated proposed budget for monthly maintenance. H 4.02. Owner Resnonsibilitv.. Each Owner shall' �! be responsible for the maintenance of the interior as I .well as the structural portions of all buildings ,located on his lot,-including the mainte 1 nanceof the Restricted Common Area adjacent to his lot. Such responsibility shall also include all water, sewage, electrical, telephone, gas, cable television and other utility lines within the exterior walls of such buildings. 4.03. Right of Entry. The Board shall have the authority to designate one or more qualified repair- men or other persons to enter upon ane within any individual Residential Lot and residence thereon, to- gether with the Restricted Common Area, in the presence of the Owner thereof or otherwise, to perform the maintenance or repair functions imposed upon the Association, or to abate any nuisance being conducted ' or maintained on any Residential Lot in order to protect the property rights and best interests of the other Owners. Except in the event of an emergency, such entries shall be at a reasonable time upon reason- able notice to the Owner, -13- P N 4,04 Enforcement of Bonded Obligations. Should the common-area improvements which the declarant has V obligated itself to complete and for which declarant has provided a Completion Bond in favor of the Association not be completed as set forth in the "Planned Construction H Statement," the Association will determine what enforcement measures to take as follows: (a) The Board of Director3 shall consider and vote on the question of action by'the Association to r -,,.,...,,enforce the obligations under the Bond with respect to any improvement for which a Notice of Completion has not been filed within sixty (60) days after the completion date specified for that improvement in the Planned Construction Statement appended to the Bond. If the Association has co F5� given an extension in writing for the completion of any common-area improvement, the Board of Directors shall consider and vote on the aforesaid question if a Notice " of Completion has not been filed within thirty (30) days after the expiration of the extension. (b) A special meeting of the members for the purpose of voting to override a decision made by .the ` - Board of Directors not to initiate action to enforce the obligations under the Bond or on the failure of the Board of Directors to consider and vote on these questions shall be held not less than fifteen (15) nor more than thirty i (30) days after receipt by the Board of Directors of a petition for such a meeting signed by members representing not less than five per cent (5%) of the total voting power of the Association. i (c) If a majority of the voting power, - excluding the voting power of declarant, of the Association -13a- n shall vote at such a special meeting to enforce the.obli- N i � gations under the Bond, such majority vote shall be deemed I� i to be the decision of the Association and the Board of Directors shall thereafter implement this decision by initiating and pursuing appropriate action in the name of the Association. y� IV-A ~ NO SEVERABILITY OF COMMON AREA . 4A.01 No Severability or Partition of Common Area. No owner shall be entitled to sever his undivided --L interest in•the common area by partition or any other means. Any purported separation shall be a nullity and of no force and effect. N - W . W -13b- . n • � v V ARTICLE V V . •t INSURANCE 5.01. Fire Insurance. The Association shall maintain a blanket policy of fire insurance, with extended H coverage endorsement, for the full insurable replacement cost of all Community Facilities and.of all.Improvements constructed on any Residential Lot.. Said 'insurance shall name Declarant, each owner, and the Association as �t insureds. All mortgagees shall also be named as adds-- tional insureds. All Improvements located on the Real 'AMR Property shall be reappraised at least once every 12 N months and the amount of insurance coverage shall be adjusted accordingly so that at no time will the Association or W i any Owner be deemed co-insurer of any of the Improve- ments in the event of loss. In the event of damage to any Improvements covered by the insurance to be carried P by the Association pursuant to this Section, the loss shall be adjusted; in the event of damage to any Commu- nity Facilities, by the Board; and in the event of damage to any Improvement-located on a Residential Lot, - by the Owner thereof and by the Board, acting jointly. 5.02. Liability Insurance: In addition to r.^ the fire insurance to be carried by the Association pur j y� suant to Section 5.01 hereof, the Association shall take [ out and maintain: r. r� -14- � *A . , V N V . (a) A•policyor policies of liability insurance insuring Declarant, the Board, the Association, i the Owners and the Association's officers and employees against any liability incident to the H ownership and use of the Common Areas and Community Facilities and any other property or interest owned by the Association, and includ- ing the personal liability exposure of the Owners with respect to such property. .The limit of liability under such insurance shall not be less than $1,000.000 with respect to N personal injury or death to any one or more persons or to damage to property. Such coverage W shall be reviewed at least annually by the Board and increased at its discretion. Said insurance shall be issued on a comprehensive liability basis and shall provide a cross-liability endorse- ment wherein the rights of named insureds under said insurance shall not be prejudiced as respects his, her or their action against another named insured. (b) Workmen's Compensation Insurance to the extent necessary to comply.with any applicable laws. ARTICLE•' VI ASSESSMENTS 6.01. Monthly Maintenance Assessments.. The cost. -15- � P of providing the services, maintenance duties and other obligations imposed upon the Association pursuant tothis V Declaration shall be assessed proportionately against I all Owners. Each Owner, by the acceptance of a conveyance of a Residential Lot, shall be obligated to pay his share y of such costs. No Owner may avoid liability for his share ~ of such costs by any waiver of the right to use the Common Areas of the Community Facilities.""Until the first organizational meeting of the Association is held,. ,Declarant shall have full authority to establish and deter- . .. � mine the amount of such monthly maintenance charge, such determination to be based upon Declarant's best bona fide , estimate of tlu cost of providing such service. After the organizational meeting of the Association, the monthly maintenance charge will be determined by the Association. At least 30 days prior to the commencement of each calendar year, the Board shall prepare and submit to the Association a budget of the estimated costs and expenses to be incurred by the Association during such calendar year in performing its functions hereunder (including a reasonable allowance for overhead and delinquent accounts). Said budget shall be subject to the approval of the As,sociati-on. When such budget has been approved, the Board shall determine the monthly maintenance charge to be assessed to the Owner or Owners of each Residential Lot for the coming year. The monthly maintenance charge shall be payable by each Owner in advance on the first day of each month, commencing on the first day of the month following the recording of title to such Owner's Residential Lot, or the granting of possession thereof to him, -16- n P tJ V whichever event shall first occur. All costs, except i the cost of fire insurance, shall be assessed pro rata against the Owner of each Residential Lot, including• Declarant, so long as Declarant shall own any of the Residential Lots. The cost of providing fire in- surance for each Owner's Improvements shall be assessed . against each Owner based upon the insured value of such Owner's Improvements. The cost of insuring the Community Facilities shall be•assessed against each Owner pro rata... For the purpose of computing the assessments to be t made hereunder, all Owners of a single Residential Lot shall be deemed a single Owner. Should the Association fail to approve a budget and set the amount of monthly maintenance charges prior to the commencement of any W calendar year, the Board shall continue to levy and collect monthly maintenance assessments at the level of the previous calendar year, plus an increase of not more than 10%, until the Association shall adopt a current budget. 6.02. Special Assessments.- In addition to the monthly maintenance charge to be assessed against each Owner pursuant to Section 6.01, the Board may, from time to time, levy and collect special assessments to cover extraordinary charges or expenses not anticipated by the annual budget approved by the Association. Unless approved by a majority of the Owners in attendance in person or by proxy at an Association meeting, the argre&ate of all special assessments levied in any calendar year shall not exceed $1,000. -17- I 6.03.' Accounting,.' A11 funds collected by the' ,I Association shall be promptly deposited in a commercial bank account and/or in a savings and loan account in an institution to be selected by the Board, or, prior to its election, by Declarant. Said account shall be H designated "Palm Desert Homes Owners Association • Maintenance Fund Account". No withdrawals shall be made from said account except to pay the obligations of the Association. The Board shall maintain complete and accurate books and records of its income and expenses, in accordance with generally accepted accounting principles, consistently applied and shall file such tax returns and N other reports as shall be required by any governmental entity. The books and records shall be kept at the office W of the Association and shall be open for •inspection by any Owner at any time during normal business hours. 6.04. Preparation and Distribution of Balance Sheet and Opc•ratimg Statements. The Board shall prepare a Balance Sheet and an Operating Statement for the Association and shall distribute copies thereof to each member of the Association within 60 days of accounting dates as follows: (a) a balance sheet as of an accounting date . which shall be the last day of the month closest in time to six months from the date of closing of the first sale of a subdivision interest to I a member of the Association and an operating staLeutenL for an accuunting period from Lhe -18- Q V aforesaid date of first closing to V the aforesaid accounting date; (b) a balance sheet as of the last-day of the Association's fiscal year and an operating H statement for said fiscal year. The operating statement for the first six months accounting period referred tq in (a) �( above shall include a schedule of assessments received or receivable itemized by lot or uni: } number and by the name of the person or entity assessed. 6.05.. Creation of Lien. The monthly maintenance F charge together with any special assessments which each Owner is obligated to pay shall be a debt of such Owner to the Association on the date when each installment thereof becomes due. In the event of the default by any Owner in the payment of any installment of maintenance charges or special assessments, such amount, together with interest thereon at the rate of 10% per annum, and together i with all costs which maybe incurred by the Association in the collection of such amount, together with reasonable attorney's fees, shall be and become a lien upon the interest , of the defaulting Owner in his Residential Lot upon , the execution by the Association and the recording in the j Riverside County Recorder's Office of a Notice of Assess- ment, setting forth the name of the defaulting Owner, the j amount of the delinquency and the legal descirption of his Residential Lot. Subject to the provisions of • S -19- 1'4 . IId fJ V Article II hereof, such lien shall be deemed prior to y P any or all other liens hereafter encumbering the Residential ' Lot regardless of the date of recordation of the assess- ment lien or such other liens, except M the lien for real property taxes and assessments, or (ii) the lien of + H a first deed of trust or purchase money second deed of •i � trust on the Residential Lot of the defaulting Owner. �( The Notice of Assessment shall not be filed for.record unless and until the Association shall have delivered to said defaulting Owner, not less than 15 days prior to the recordation of such Notice of Assessment, a written notice of default and a demand upon the N defaulting Owner to cure such default within said 15 days, and the failure of the defaulting Owner to W comply. ' ,t 6.06. Enforcement of Lien. Not less than 10 days, nor more than 180 days frond the filing of any Notice of Assessment, the Association shall file for record a Notice Of Default, and thereafter may cause the interest of said defaulting Owner to be sold in the same manner as a sale under the power of sale contained in mortgages and deeds of trust as provided by the Civil Code of the State of California, Sections 2924 through 2924h or through judicial foreclosure. The sale of said interest must be held, or leo l action to enforce a lien must be institutecl, within one year from the recording of the Notice of Default, or said lien shall be deemed void and of no effect. If, in fact, -20- A O � I N i V ' I N V P any such sale is held, Declarant or any Owner may pur- chase thereat. If any legal action is filed to enforce the provisions of this Article, any ,judgment rendered against the defaulting Owner shall include all costs and N expenses of such action, and all costs and expenses of - it perfecting said lien and of said sale, plus reasonable 3 attorney's fees incurred in prosecuting said action. If any such lien is cured prior to sale or- prior to ,judgment of judicial foreclosure, the Association shall cause j to be recorded a certificate setting forth the satisfaction of such claim and release of such lien, upon payment of actual expenses incurred and a reasonable attorney's fee, by such defaulting Owner. S' W I � 6.07. Waiver of homestead Exemption. Each Owner does hereby waive, to the extent of any liens created pursuant to this Article, the 4enefit of any homestead or exemption laws of the State of California in effect at the time any assessments levied pursuant to this Section becomes due or a lien therefor is imposed. 6.06. Salo of Rcsidcntlal Lot. Any Owner who sells his Residential Lot in good faith and for value shall be relieved of the obligation to pay the maintenance charges attributable to his Residential Lot as of the date of recordation of the deed to such Residential Lot to his purchaser. Such obligation, together with any Past due or delinquent obligations, shall thereupon pass to said purchaser rind iC nut paid shall fit-come a lien oil -21- such purehaser'a Residential Lot in the same manner as I� a real property tax lien. ( 1 6.09. Pavment by Declarant. Declarant shall be .1 obligated to pay the monthly maintenance charge for each unsold Residential Lot. Such obligation shall commence i ~ as of the first date that a maintenance charge is assessed i against any Owner and shall.continue as long as Declarant'. owns any Residential Lot. • i ARTICLE V11 ARCHITECTURAL CONTROL CO�D]ITTEE ca7.01. Appointment of Architectural Control W CommltteC. Three persons shall be appointed to act as an Architectural Control Conunittee to perform the functions set forth in this Article. Declarant shall have the sole right to apiwint, replace and remove members of, the Architectural Control Committee until the earlier of (i) five years from the date hereof, or (li) the date that Declarant has sold 4 of the Residential Lots. ' Thereafter, appointments to the Architectural Control Committee shall be made by the Board and the appointees of the Architectural Control Committee shall serve at the pleasure of the Board. 7.02. butics 4 Architectural Control Committee. All plans and specifications for any structure or improve- .22- i V H ment whatsoever to be erected on or moved upon or i to any Residential Lot, and the proposed location thereof on any such Residential Lot, the construction i material, the roofs and exterior color schemes, any Q M later changes or additions after initial approval . thereof, and any remodeling, reconstruction, alterations or additions thereto on any such Residential Lot shall be subject to and shall require the approval in writing, ' before any such work is commenced, of Lhe Architectural I Control Committee. No fences, hedges, walls or plantings shall be placed or maintained upon the Common Areas by any owner without prior written approval by the Architectural Control Committee. .� t: q , 1 � 7.03, Submission of Plans. There shall be submitted to the Architectural Control Committee two complete sets of plans and specifications for any and all proposed Improvements to be constructed on any Residential Lot, and no structures or Improvements of any kind shall be erected, altered, placed or maintained upon any Residential Lot unless and until the-final plans, elevations and specifications therefor have received such written approval as herein provided. Such plans shall include plot plans showing the location on the Residential Lot of the building, wall, fence or other structure proposed to be constructed, altered, placed or maintained thereon, together with the proposed construction material, color schemes for roofs, and exteriors thereof, and proposed landscape planting. -23- i n O 1 IJ V H i •O V 7.04. Approval of Plans. The Architectural Control Committee shall approve or disapprove plans, specifications and details within 30 days from the receipt thereof or shall notify the Owner submitting N them that an additional period of time, not to exceed 30 days, is required for such approval or disapproval. Plans, specifications and details not approved or dis- approved, or for which time is not extended within the " ,.,time limits provided herein, shall.be deemed approved , as submitted. One set of said plans and specifications and details with the approval or disapproval of the Architectural Control Committee endorsed thereon shall F be returned to the Owner submitting them and the otherCO copy thereof shall be retained by the Architectural . Control Committee for its permanent files. Applicants, for Architectural Control Committee action may, but need not be, given the opportunity to be heard in support of their application. 7.05. Standards for Disapproval. The Architectural Control Committee shall have the right to disapprove any plans, specifications or details submitted to it if: (i) said plans do not comply with all of the provisions of this Declaration; (ii) the design or color scheme of the proposed building or other structure is not in harmony with the general surroundings of the Real Property or with the adjacent buildings or structures; (iii) the plans and specifications submitted are in- complete; or (iv) in the event the Architectural Control -24- i n 0 V V Committee deems the plans, specifications or details, i of any part thereof, to be contrary to the best interest, welfare or rights of all or any of the other Owners. H M 7.06. Defects in Plans. Neither the Architectural ' Control Committee nor any architect or agent thereof or ; ! of Declarant shall be responsible in any way for any defects in any plans or specifications submitted, . i revised or approved in accordance with the foregoing provisions, nor for any structural or other defects in any work done according to such plans and specifications. N 7.07. Rules of Procedure. The Architectural W Control Committee may adopt rules and regulations from time to time establishing design criteria not inconsistent herewith. 'rhe address of the Architectural Control Com- mittce shall be the address of Die principal office of the Association. The current record of the names, qualifications and business addresses of the members of the Architectural Control Committee shall be kept there. The Architectural Control Committee .shall meet at the convenience of the members thereof as often as necessary to transact its business, acting on the con- currence of two out of three members thereof. 7.08. FilingFees. As a means of defraying its expenses, the Architectural Control Committee may require a reasonable filing fee to accompany the submission of plans Lo iL in an amuunL, from Lime to lime to be fixed -25- n by the Board. No additional fee Shall be required ` for resubmission of plans revised in a � Architectural Control Committee accordance with recommendations , i' I ARTICLE VIII H RESTRICTIONS ON USE AND OCCUPANCY H 8.01. Single Family Use. Each Residential ! I Lot shall be improved, used and occupied only for •1 � single family dwelling residential purposes. Each resident must be at least 15 years of age. Notwith- standing anything to the contrary contained herein, Declarant shall be allowed to use buildings constructed on Residential Lots owned byit as sales models, conducting thereon co agents or employees, sales activities usually associated with model units for a period of five years from the date hereof. 8.02. Violation oL L�surancc' Standards. No Residential Lot shall be occupied or used for an or in any manner which shall cause an Y purpose Y Improvements constructed thereon to be uninsurable against loss by fire or the perils of the extended coverage endorsement to the California standard fire policy form, or-cause any policy or policies representing such insurance to be cancelled or Suspenddd or the companyissuing the same to refuse renewal thereof, 8.U1. I'�ts Hogs, cuts or usual and ordinary 0 -26- } n P ,household I� Pets may be kept in any dwelling unit con- tained within a Residential Lot, as may be permitted by rules made by the hoard. Except as hereinabove provided, no animals, livestock, birds or poultry shall be kept or maintained on an ( 'y" y Residential.Lot. 8.04. Nuisance. No Residential 'Lot shall be used in such manner as to obstruct or interfere with the enjoyment of Owners of other Residential Lots or annOY them by unreasonable noises or otherwise ! Shall an nor y nuisance or illegal activity be committed or permitted to occur on any Residential Lot. The area of each Residential Lot which is not occupied by the building located thereon shall be landscaped L. in good taste and in conformity with the landscaping in the Common Areas. 8.05. L ns. No sign or billboard of any kind shall be displayed by any Owner on any Residential Lot except signs of a customary and reasonable dimension advertising the sale or-lease of such Residential Lot. Nothing herein contained shall prohibit or restrict in any way Dcclarant's right to construct such promotional signs or other sales aids, including a soles office, on or about any portion of the Real Property owned by it, which Declarant shall deem reasonably necessary in connection with its sale of Residential Lots. 8.06. 1<ul,l,lsli. Nu part of the Real Property -27- n ry v I� ,o shall he used or maintained as a dumping ground for rubbish. All trash, garbage or other weste shall be kept in sanitary containers and all such containers shall be maintained in good, clean condition. The y containers shall be made of a material which does not omit noise during handling. 8.07.. Laundry. No laundry or wash shall be dried or hung outside any building located on any Residential Lot. 8.08. Antennae. No exterior antennae shall be N permitted without the prior approval of the Architectural Control Buard. No activity shall be conducted on any iCo Residential Lot which interferes with television or radio reception on any other Residential Lot. 8.09. Racal Restrictions. No Owner shall execute or file for record any instrument which imposus a restriction upon the sale, leasing or occupancy of his Residential Lot on the lsasis of race, color or creed. 8.10. Storyge. No furniture, fixtures, ap- pliances or other goods and chattels not in-active use, shall be stored in any building or open area or on any Residential Lot or on any of Chu Common Areas in such manner that such material is visible from a neighboring Residential Lot or lots or from the Common Areas. .28_ 1 +f m ' o 8.11. Fires. There shall be no exterior fires' except barbeque and incinerator fires contained within facilities or receptacles and in improved areas desig- nated for such purposes. No Owner or Owners shall permit any conditions on his Residential Lot or Lots which creates a fire hazard or is in violation of fire pre- H H vention regulations. 8.12. Noises. No exterior .horn, whistles, bells II or other sound devices except security devices used ex- J ;.. elusively to protect the security of'the Real'Property, the Improvements located thereon and the Owners or r occupants thereof shall be placed or used on any part of the Real Property. 8.1.3. Lightinf:. No exterior lighting of any sort shall be installed or maintained on any building, I. - the light source or which is visible from a neighboring 1 ;t Residential Lot or the Common Areas, except as authorized by the Architectural Control Cottunittec. 8.14. Vehicles. No resident shall park any auto- mobile or golf cart on any part of the Real Property except within carports or designated parking areas. No work of automobile repair shall be performed anywhere within the Real Property except in emergency cases. No motorcycle,. •, motor bike, golf cart or recreational vehicle may be operated within the Real Property except as authorized I by the hoard. No trucks or vehicles other -29- ` t ' 1 d i P v N V F� .O V than passenger or pickup or utility trucks with a capacity of one ton or less shall be parked, stored or in any manner kept or placed on any Residential Lot or on any street within the project except in Q H locations designated by Declarant or, after sale of all of the Residential Lots, by the Association or such other property owner's association as shall then be charged with the responsibility of.maintenance of the Streets within the project.' This restriction shall not, however, be deemed to prohibit commercial and construction vehicles, in the ordinary course of business, from making deliveries or otherwise cn providing service to any Residential Lot or the Common areas. ARTICLE IX DNIAGE Olt DESTRUCTION 9.01. Destruction of Residential Lot Improve- ments. In the event of damage or destruction by fire or other casualty of any-Improvements located on a Residential Lot, the Owner thereof shall, within six months there- after either: (i) diligently commence to rebuil,! the same in accordance with the terms hereof, or (ii) clear and level the Residential Lot, removing all wreckage, debris and remains of thu building or buildings there- from and leave the same in a level, clean condition. Upon reconstruction, the building shall be rebuilt substantially in accordance with the original plans and specifications therefor; provied, however, that -30- n P V the exterior appearance thereof shall substantially V resemble the a a ppearance in form and color that I existed prior to such damage and destruction. Not- I withstanding the foregoing, however, the Owner of such damaged building may reconstruct or repair the same in accordance with new or changed plans and specifica- tions with the prior written approval of the Architectural Control Committee. Subject to the rights of any mortgagee of �g P such Improvements, all insurance proceeds i attributable to such damage or destruction shall be made available to the Owner thereof for such rebuilding. I AD 9.02. Community i'acilities. In the event of a total or partial destruction of any Conununity Facilities, I and if the available proceeds of the insurance carried by the Association pursuant to Article V of this Declaration are sufficient to cover not less than 85% of the cost of repair or reconstruction thereof, the same shall be promptly repaired and built, not less than 90 days from the date of such destruction, unless 75% or more of the Owners present, 1n person or by proxy, at a duly constituted meeting of the Association shall determine that such reconstruction shall not take place, if the proceeds of such insurance are less than 85% of the cost of reconstruction, such reconstruction may nevertheless take place if, within 90 days from the date of such destruction, a majority of the Owners present and entitled to vote, in person or by proxy, at a duly constituted mcetin�; of Lhe Association determLne that such reconstruction shall take place. -31- n .1 �r 1N V F� .D V P . I . 9.03. Special Assessments. If the Owners determine to rebuild in accordance with the provisions above, a special assessment shall be assessed pro rata Q H against the owners in the manner set forth in Section I 6.02 hereof to pay the cost of reconstruction over and above the insurance proceeds. In the event of the failure or refusal of any Owner to pay his proportionate share-, the Association may record and thereafter fore- close a lien against such Owner's Residential Lot in the manner set forth in Sections 6.05 and 6.06 hereof. Cn 9.04. Failure to Rebuild.. If rebuilding of -1 the Community Facilities shall not take place, any insurance proceeds received as a result of such damage or destruction shall be distributed to the Owners (or their respective mortgagees) pro-rata. 9.05. ��oval of Architectural Control Corunittec. Any rebuilding, reconstruction, repair or restoration done pursuant tothis Article must be done with the approval of the_ Architectural Control Committee. ARTICLE X CONDEMNATION 10.01. In the event that an action for condem- nation is proposed or commenced by any governmental body having the right of eminent domain for the condemnation of all or any part of the Corunon Areas or Comaunity -32- a I /J V .O V a Facilities, no Owner shall be entitled to participate individually as a party in any proceedings relating to such condemnation, such right of participation being herein reserved exclusively to the Association which y shall, in its name alone,represent the interests of all Owners. All proceeds from such act+on shall be retained by the Association,.to be used for restoring or rebuilding any Common Areas or Community facilities as taken. Any excess beyond that needed for such restoration or rebuilding shall be distributed the Owners (or their respective mortgagees) pro-rata. N ARTICLE XI W PROTECTIO14 OF LENDERS 11.01. Port^age Protection Clause. No breach Of the covenants or restrictions herein contained, nor the enforcement of any lien provided for herein, shall defeat or render invalid the lien of any mortgaZe or deed of trust made in good faith and for %• , but all of - said covenants and restrictions together with any pre-existing; liens for maintenance assessments shall be binding upon and effective against any Owner whose title is derived through foreclosure or trustee's sales, or through a deed given in lieu thereof. 11.02. Amendments. SubJect to the provisions of Article XII hereof, no amendment to this Declaration shall affect in any way the rights of the Beneficiary of any such trust deed or mortgagee of any such mortgage, -33- i n P N � V V h unless said beneficiary or mortgagee shall either join in the execution of such amendment, or approve the same in writing as a part of such amendment. H 11.03. Lender's Voting Rights. In the event of the default by any Owner in the payment of any promis- sory note secured by-a trust deed or mortgage of his Residential Lot, upon recordation of a`Notice of Default by the holder thereof, the right of such owner to vote at any regular or special meeting of the Association held during such time as said default may continue, shall N automatically be vested in the holder of such note. Upon curing such default, the right of such Owner to vote shall thereupon revive. 11.04. :-lcetin s. Any lender with a secured interest in any Residential Lot may attend any meetings of the Association. ARTICLE XII TERM - -AMENDMENTS 12.01. Term. The covenants, conditions and restrictions contained herein ,;hall run with the land and shall be binding on all parties and all persons claiming under them until 50 years from the date of recordation of this Declaration in the Official Records of Riverside County, after which time this Declaration shall be automatically extended for successive periods of 20 years unless an instrument executed by 75% of the Owners -34- v N V N shall be recorded at any time after the recordation of this V Declaration, cancelling and terminating this Declaration..' Recording of amendments to this Declaration pursuant to Section 12.02 hereof shall not be construed to extend or Q M alter the terms hereof unless said amendments specifically provide for the amendment of this Section.. 12.02. Amendments. Except as set forth in Article XI, the'Owners of 75% of the Residential Lots may at any time and upon 30 days' notice, modify, amend, augment or delete any of the provisions of this Declaration except that any of the following amendments, to be (J� effective, must be approved in writing by the record W holders of all encumbrances on such Lots at the time of �+ such amendment: (a) Any amendment which affects or purports to affect the validity or'priority of encumbrances. (b) Any amendment which would necessitate a r mortgagee after it has acquired a Residential Lot as' sct forth in Article XI to pay any portion of any unpaid assessments accruing prior to such foreclosure. ARTICLE XIII MISCELLANEOUS 13.01. Notices. All notices and cotmnunications -35- + v I r� v r d desired or required to be sent or delivered hereunder shall be in writing and may be served personally, or shall be mailed, by certified mail, return receipt requested, as follows: If to Declarant, to 310 1/2 14. Doheny Drive, Los Angeles, California 90048, or at such ~ other address or addresses as Declarant may designate in writing, from time to time, by giving notice thereof t to all Owners, and the Association, in writing. If to an Owner, to the address of such Owner's Residential Lot, or at such other address as may be designated in writing by the Owner, from time to time, and of which Declarant and the Secretary of the Association are advised .in writing. If to the Association, then to the Secretary thereof at the office of the Association, or at such other address as may be designated in writing by the Board from time to time, and of which Declarant and the Secretary of the Association are advised in writing. 13.02. Interpretive Provisions. (a) As used herein, the singular shall include the plural and the plural the singular unless the context requires the contrary, and Lhe masculine, feminine or neuter as the context may require. (b) The provisions of this Declaration- shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation of the project £or.the mutual benefit of all Owner;. -36- 7 n l N V N V I (c) The provisions herein shall be deemed in- dependent and severable, and the invalidity or partial invalidity or unenforceability of any of the provisions . hereof shall not affect the validity of the remaining H provisions. i (d) No waiver of any breach of any of the ; f . covenants or restrictions of this Declaration shall constitute waiver of any succeeding or preceding 1 I breach of the same, or any other covenant or restriction contained herein. N . CJ1 (e) Each and all legal or equitable remedies W provided for in this Declaration shall be deemed to be cumulaLive, whether so expressly provide) or not. . Ii� I:'L'1'iJt 5; 4AIl:RIiUP, Declarant has executed this iustruncnL as of the date first above written. DECLA By ��C' GcY Lear es S ours r. DECLA NT y 1KC EE J aro W. Lev tt -37- n ' P V 1 N IT ra•S�",•,,•'c '.I..,,•�n,q,w . ACKNOWLEDGEMENT .,. '.. .- . . STATE OF CALIFORNIA ) H 68. COUNTY OF io>> On ` ` x• , 1976, before me, a Notary Public in an or said County and State, personally appeared CHARLES P. SKOURAS, JR., known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. VT .............................. // JOANN E.MOD Notary Public in and for • `'^��-� nn•.l.l.rr, l„fR,�,�• said County and State • Ir.Y.Mr,1llE Luufrlr i V �n VI Comnn,•n+f.p,rl,felnnn 30.1"a • y. STATE OF CALIFORNIA ) �•+ COUNTY OF �n• •. :r:r ) On 1976, before me, a Notary Public in an or said County and State, personally appeared 11AROLD W. Min, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. of ry Public' in and for said County and State .......................... r j glcvN D!��q • ! Y,1,,,-,....n�,;.•r,,are:.r 79.Iva ; i I 38 r t Area I ,� v Mf t � That portion of Lot 6 lying adjacent to Lot 1 of said Tract No. 6753 bounded by the Northerly prolongation of both the East and West lines of said Lot 1, to the Northerly line of said Tract No. 6753. —-- t/ Area II H That portion of Lot 6, lying adjacent to Lot 2 of said Tract No. 6753, bounded by the Northerly prolongation of both the East and West lines of said Lot 2, to the Northerly line of '1 said Tract No. 6753. L/Area III 11 . That portion of Lot 6, lying; adjacent to Lot 3 of said Tract No. 6753, bounded by the Northerly prolongation of both the East and :lest lines of said Lot 3, to the Northerly line of said Tract No. 6753. Area IV That portion of 1•ot 6, lying; adjacent to Lot 4 of said Tract N No. 6753, bounded by the Northerly prolongation of both the East and West lines of said Lot 4, to the Northerly line of CO 1 Tract No. 6753. Area V That portion of Lot 6, lying adjacent to Lot 5 of said Tract r No. 6753, bounded by the Westerly prolongation of both the Northerly and Southerly lines of said Lot 5, to the Westerly line of said Tract No. 67.53. 441 • I I ' I ' 11 V I F0 Exhibit "A" f I ' t •i r . n P v PALL' DE;kltT HOMM v PROP05ED WDGE'T FOR RONVILY 1'JMTGIA.NCE Costs (r_r unit I:cr ronth H GARDENING $ 50.00 WATER 8.70 POVER 20.OJ DISURANiCE 12.30 MAL ADD AC=!TIIIG 5.00 ;da1mtnaIT 7.00 FlISC lli'Nu70S EMNSE 3.00 RM04v:i a. PAIiI.0 , 10.00 cn b. P.LPAIR AND !t::°L4Cr:9I:T 5•w ' co c. CD NTVG.'I!CY FOO 5.03 TOTAL F.iTI:•:ni D COSTS $ 126.00 EXI(I13Cf "[S" F. PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIA� ss. County of Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above Proof of Publication of entitled matter. I am the principal clerk of the printer of PALM DESERT POST, a newspaper of general circu- lation, published weekly, in Palm Desert, County of -9------------------- Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior TCM alive Tract 6.753 Court of the County of Riverside, State of California, ----=---------------------------------------------—--------------------------- under date of October 5, 1964, Case Number 83658; that the notice, of which the annexed is a printed copy, has been published in each regular and entire iss CITY of PALM DESERT 1 NOTICE OF PUBLIC HEARING said newspaper and not in any supplement therec TENTATIVE TRACT6753 / NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Citvi Council to consider a request from LEAVITT&SKOURAS for approval of a tentative tract maps the following dates to-wit: for a 5-unit condominium subdivision to be located on a-1-acre site west of Burroweed Lane and north of Rvwdy Place,more particularly described as: a portion of the NE 1/a of the NW 1/4 of Section 29,T.5S.,R.6E.,S.B.B.&M. { July 10 1975 — ,r ♦ # R I R t O R f k C El Vim• _�. _ _•..-I'.�.v }_ • � .J J/ -�-.�� / - I R O.♦ T TV certify (or declare) under penalty or perjury that foregoing is true and correct. Signature .;t 5 �•�.�y. r jj • i +�� 1�' i.\ •�• ��`-ems DateJ' 1l 11_______________—___________—____________ ll' bers,APalm Deshear t Cii Hall be 275 Pr Prickly Pear Lane24Palm Dese�,,C orn'i�a, at which tie j and place comments will be heard. at Palm Desert, California sHDeputylCityClerk P,DP-7/10t1 PROOF OF PUBLICATION IM 5-72 25652 �-u (K5;t:o�,ir cow o ) o nnua 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 I October 2, 1975 Title Insurance and Trust Co. P.O. Box 707 Riverside, CA 92502 Re: Tract 6753 Mr. Larry Violassi : The tentative map for TRACT .6753 was approved by the Palm Desert City Council on July 24, 1975. This approval will expire January 24, 1977. Very truly yours, Sam Freed Assistant Planner Department of Environmental Services lsb s J TITLE INSURANCE RECEIVED SEPTEMBER 30, 1975 AND TRUST CrT 0 1 1975 ENVIRO w URVICEs CITY' OF PALM OEM PALM DESERT CITY PLANNING DEPARTMENT 45275 PRICKLY PEAR LANE PALM DESERT, CALIFORNIA RE: TRACT 6753 I GENTLEMEN: KINDLY FURNISH OUR OFFICE, IF AVAILABLE, WITH THE EXPIRATION DATE FOR THE ABOVE MENTIONED SUBDIVISION TRACT NUMBER. VERY TRULY YOURS ,C 1z' LARRY W. VIOLASSI SUBDIVISION TITLE OFFICER LWV/DVS l Title Insurance and Trust Company 3490 Tenth Street P.O. Box 707 Riverside,California 92502 714 686 4180 ATICOR COMPANY I PLANNING COMMISSION RESOLUTION NO. 62 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FIND- INGS AND RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE MAP TO ALLOW FOR DEVELOPMENT OF A 6-LOT, 5-UNIT CONDOMINIUM SUBDIVISION ON 1 ACRE OF LAND, GENERALLY LOCATED WEST OF BURROWEED LANE AND NORTH OF RYWAY PLACE. CASE NO. TRACT 6753 { WHEREAS, the Planning Commission of the City of Pa lm Desert, did receive a verified application from Leavitt & Skouras, requesting approval of a 6-lot, 5-unit subdivision on 1 acre of land, located in the R-2-8000 zone and situated west of Burroweed Lane and north of Ryway Place, more particularly described as: a portion of the NE 1/4 ,of the NW 1/4 of Section 29, Range 6 East, Township 5 South; S. B. B. & M. WHEREAS, said application had complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 74-14", in that an Environmental Assessment form was submitted and a Negative Declaration was made by the Director.of Environmental Services on June 6, 1975, and the appeal period has expired, and; WHEREAS, the Planning Commission did take into consideration the Tentative Map as submitted, and the reports of the various reviewing agencies and, WHEREAS, the Planning Commission did find that the subject Tentative Map does substantially comply with the City of Palm Desert Code (County Ordinance Number 460), and the State of California Sub- division Map Act, as amended; WHEREAS, the Planning Commission did find that the subject Tentative Map does comply with the adopted General Plan, and; 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 recommend approval to the City Council of the City of Palm Desert of the above described Tentative Map No. 6753, subject to fulfillment of the following conditions (copy attached): -1- Resolution No, 62 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission held on the 30th of June, 1975, by the following vote, to wit: AYES: BERKEY, MULLINS, SEIDLER, VAN DE MARK, WILSON NOES: ABSENT: ABSTAIN: Bill Sei irman ATTEST: P UL A. WILLIAMS, Secretary i i 1_ - -2- ' CONDITIONS OF APPROVAL TRACT NO. 6753 1. All improvements shall conform with County Subdivision Standards Schedule A unless modified by these conditions. 2. All street improvements shall be assigned and constructed in conformance with Riverside County Road Improvement Standards. 3, Job access shall be restricted on Burroweed Lane and so noted on the final map. 4. If the subdivider does any lot grading he shall submit one reproducible brownline and four prints of a comprehensive grading plan to the Riverside County Surveyor's Office. Prints of the grading plan will subsequently be transmitted from the Surveyor's Office to the Flood Control District and Division of Building and Safety for review and approval and shall be in compliance with the Uniform Building Code, Chapter 70, as amended by Ordinance 457. 5. The subdivider shall submit for approval a soils report for stability and geological study to the Riverside County Surveyor's Office, prior to recordation of the final map, unless waived by the Director of Environmental Services. . 6. Street names for the proposed subdivision shall be subject to approval by the City Engineer and Director of Environmental Services. 7. A water and sewer system (and domestic sewage disposal for individual lots) shall be installed in accordance with the provisions set forth in the Riverside County Health Department letter dated June 9, 1975, a copy of which is en- closed. 8. Prior to recordation of the final subdivision map the applicant shall submit to the Director of Environmental Services the following documents which shall demonstrate to the satisfaction of the Director of Environmental Services that the-total project will be developed and maintained in accord- ance 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. The7approved documents shall be recorded prior to occupancy of any dwelling unit, 9. A management company with the unqualified right to assess the owners of the individual units for reasonable maintenance costs shall be established and continuously maintained. The management company shall have the right to lien the units of the 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 manage ment company, 10. Provide easements for roadway slopes, drainage facilities, utilities, etc. and indicate on the final map if within tract boundary. 11. In regard to flood control protection, the following requirements as outlined in the C. V. C. W. D. letter dated May 19, 1975 shall apply. 12. The subdivider shall provide Schedule "A" fire protection. The California Division of Forestry shall review and approve the water plan map relative to location, setting, spacing and installation of fire hydrants prior to recordation of the final subdivision map. 13. A valid conditional use case shall be in effect at the time of recordation of the final map. 14. All requirements of any applicable law, ordinance, or regulation of the State of California, City of Palm Desert, and any other applicable governmental entity shall be complied with as a part of construction. Planning Commission Mint s of June 30, 1975 VIII. NEW BUSINESS - A. Case No. Tract 6753 LEAVITT & SKOURAS: Request that the Planning Commission approve a tentative tract map to allow the construction of a 5-unit planned residential development on a 1-acre site situated west of Burroweed Lane and north of Ryway Place. Associate Planner, Steve Fleshman presented the Staff Report recommending approval of the project based on the following finding: 1 . Conformance of the proposed development to all requirements of the Subdivision Ordinance and Palm Desert General Plan. 2. The proposed development did ensure the protection of the public health, safety, and general welfare. 3. Compatibility of the proposed project to the existing and P Y P P P J 9 proposed development in the area. Approval was also subject to 14 conditions. After further review of the project, the Planning Commission recommended to the City .Council that the project be approved by Resolution No. 62; and asked that the DRB review the turning radii and the building height. Commissioner Berkey moved, Commissioner Mullins seconded the motion to approve Planning Commission Resolution No. 62 with attached conditions. Motion carried unanimously. B. Case No. 10C BILL CARVER: Request for review of construction drawings for Phase III of the Palms to Pines Shopping Center, west of Plaza Way and south of Highway 111 . (C-P-S) The Staff Report was presented by Paul Williams who received construction drawings for Phase III of the Palms to Pines Shopping Center. Plans were displayed for every building except "G". Detailed construction and sign plans were reviewed for the McDonalds restaurant. At the end of the presentation, Chairman Seidler asked if there was anyone in the audience representing the applicant. No one came forward to speak either in favor or against this request. The conditions of approval for Case No. IOC were then discussed. It was noted that of the 21 recommended conditions, numbers 1-10 had already been approved by the Planning Commission as part of the site plan review on the project. -Condition--number`i'n regarding signage was`-changed to require that the McDonalds sign on the north elevation have large Letters with a maximum of 12 inches, an overall maximum sign length of 12 feet._ and to utilize a color to match the window trim. All other signs on that elevation are to be removed. On the west elevation, the arch symbol was to be removed. The remaining sign was also to utilize a color matching the wood trim around the windows. Condition 21 was changed from "elevation plan" to "irrigation plan." Condition 22 was added and required that a 32 foot high raised planter be installed in front of the open eating area. Condition 23 was added which required that the flow of traffic adjacent to Highway 111 be reversed and that 900 parking be installed in 'the parking area in front of McDonalds and the other restaurant. 1 Commissioner Berkey moved, Commissioner Van de Mark seconded that the Planning Commission approve the construction drawings subject to the revised conditions. The vote was 3-2 to approve with Chairman Seidler and Commissioners Berkey and Van de Mark.-voting yes; and Commissioners Mullins and Wilson voting no: Both-no votes were based on dissatisfaction with the location of the McDonalds sign. 07/17/75 CITY OF PALM DESERT STAFF REPORT To: CITY COUNCIL Report On: Request for Tentative Map Case No. : TRACT 6753 Applicant: Leavitt and Skouras I. REQUEST: That the City Council approve a tentative tract map to allow the construction of a 5-unit planned residential development on a 1-acre site situated west of Burroweed Lane and north of Ryway Place. II. RECOMMENDATION: The the request be approved and the City Council adopt Resolution No. 7 5-68, subject to the attached conditions. Justification is based upon: 1 . Conformance of the proposed development to all requirements of the Subdivision Ordinance and Palm Desert General Plan. 2. The proposed development does ensure the protection of the public health, safety, and general welfare. 3. Compatibility of the proposed project to the existing and proposed development in the area. III. BACKGROUND: Description: The subject property is a portion of the NE 1/4 of the NW 1/4 of Section 29, T5S, R6E, S.B.B. & M. Location: West of Burroweed Lane and north of Ryway Place Size: 1 .0 acre No. of Units: 5 units and 1 common lot Density: 5.0 units/acre (gross) Type of Units: The 5 dwellings will be arranged into one single family detached structure and two duplexes. The units will have a similar floor plan, about 2180 square feet each; and with three bedrooms or two bedrooms and a den. The units will have two exterior variations based on a contemporary architectural design. The exteriors of the structures will be predominantly light color slump block and stucco with dark wood beam trim. Wood shake roofs will be used. Colored floor plans, building ele- vations, and site plans will be made available at the meeting. . :E. I.R. Finding: The project was reviewed in the Environmental Assessment form, resulting in a finding of Negative Declaration, i .e. , the project would not have a significant effect upon the environment. Existing Zoning R-2-8000 Tract 6753 III. BACKGROUND (continued) : Adjacent Zoning: North - R-2-8000 South - R-2-8000 East - R-2-8000 West - R-2-8000 General Plan Commitment: The Palm Desert General Plan shows this area as potential low density residential (3-5 units/acre) . This project conforms to that designation. Proposed Parking: 13 parking spaces have been provided based on the ordinance requirement of 2.5 spaces/unit. Each unit will have 1 garage and 1 carport. The remaining 3 spaces are provided as uncovered guest parking. Utilities: Water and sewer - Coachella Valley County Water District Power - Southern California Edison Previous Actions: Conditional Use Permit, Case No. CUP-02-75, approved June 2, 1975 by Planning Commission Resolution No. 52 and confirmed by the City Council on June 12, 1975. IV. DISCUSSION OF PLOT PLAN ELEMENTS: The major public improvements, such as the installation of curb and gutter along Burroweed Lane, have already been installed as a part of earlier developments. Each of the units has a site adjacent to it which has been reserved for future swimming pools. The project is located adjacent to the Shadow Mountain Golf Club. The applicant has provided a public access easement along the Burroweed frontage of the property to a depth of 10' in order to connect existing pathway easements north and south of the project. -2- RESOLUTION NO. 75-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND APPROVING A TENTATIVE MAP FOR LEAVITT & SKOURAS FOR DEVELOPMENT OF A 6 LOT, 5 UNIT CONDOMINIUM SUBDIVISION ON 1 ACRE OF LAND, GENERALLY LOCATED ON THE WEST SIDE OF BURROWEED LANE, NORTH OF RYWAY PLACE. CASE NO. TENTATIVE TRACT 6753. WHEREAS, the City Council of the City of Palm Desert did receive a verified application from LEAVITT AND SKOURAS requesting approval of a 6 lot, 5 unit condominium subdivision on 1 acre of land, located in the R-2-8000 zone and situated on the west side of Burroweed Lane and north of Ryway Place, more particularly described as: a portion of the NE-I, of the NW', of Section 29, Range 6 East, Township 5 South, S.B.B. & M. WHEREAS, said application had complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 74-14" , in that an Environmental Assessment form was submitted and a Negative Declaration was made by the Director of Environmental Services on June 6; 1975, and the appeal period has expired, and; WHEREAS, the City Council did take into consideration the Tentative Map as submitted and the reports of the various reviewing agencies, and; WHEREAS, the City Council did find that the subject Tentative Map does substantially comply with the City of Palm Desert Code (County Ordinance Number 460) , and the State of California Subdivision Map Act, as amended. WHEREAS, the City Council did find that the subject Tentative Map does comply with the adopted. General Plan, and; WHEREAS, the Planning Commission of the City of Palm Desert did consider the application and approved Tentative Tract 6753 by Planning Commission Resolution No. 62, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows: (1 ) that the above recitations are true and correct and constitute the findings of the Commission in this case; and (2) that it does hereby approve the above described Tentative Map No. 6753, subject to fulfillment of the following conditions (copy attached) : RESOLUTION NO. 75-68 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council held on the day of ` 1975 by the following vote, to wit: AYES: NOES: ABSENT: HENRY B. CLARK, MAYOR City of Palm Desert, California ATTEST: f k HARVEY L. HURLBURT, CITY CLERK City of Palm Desert, California a -2- CONDITIONS OF APPROVAL TRACT NO. 6753 1. All improvements shall conform with County Subdivision Standards Schedule A unless modified by these conditions. 2. All street improvements shall be assigned and constructed in conformance with Riverside County Road. Improvement Standards. 3. Job access shall be restricted on Burroweed Lane and so noted on the final map. 4. If the subdivider does any lot grading lie shall submit one reproducible brownline and four prints of a comprehensive grading plan to the Riverside County Surveyor's Office. Prints of the grading plan will subsequently be transmitted from the Surveyor's Office to the Flood Control District and Division of Building and Safety for review and approval and shall be in compliance with the Uniform Building Code, Chapter 70, as amended by Ordinance 457. 5. The subdivider shall submit for approval a soils report for stability and geological study to the Riverside County Surveyor's Office, prior to recordation of the final map, unless waived by the Director of Environmental a Services. 6. Street names for the proposed subdivision shall be subject to approval by the City Engineer and Director of Environmental Services. t 7. A water and sewer system (and domestic sewage disposal for individual lots) shall be installed in accordance with the provisions set forth in the Riverside County Health Department letter dated June 9, 1975, a copy of which is en- closed. j 8. Prior to recordation of the final subdivision map the applicant shall submit to the Director of Environmental Services the following documents which shall demonstrate to the satisfaction of the Director of Environmental Services that the total project will be developed and maintained in accord- ance 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. The approved documents shall be recorded prior to occupancy of any dwelling unit. 9. A management company with the unqualified right to assess the owners of the individual units for reasonable maintenance costs shall be established and continuously maintained. The management company shall have the right to lien the units of the 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 manage- ment company. 10. Provide easements for roadway slopes, drainage facilities, utilities, etc. and indicate on the final map if within tract boundary. 11. In regard to flood control protection, the following requirements as outlined in the C. V. C. W. D. letter dated May 19, 1975 shall apply. 12. The subdivider shall provide Schedule "A" fire protection. The California Division of Forestry shall review and approve the water plan map relative to location, setting, spacing and installation of fire hydrants prior to recordation of the final subdivision map. 13. A valid conditional use case shall be in effect at the time of recordation of the final map. 14. All requirements of any applicable law, ordinance, or regulation of the State of California, City of Palm Desert, and any other applicable governmental entity shall be complied with as a part of construction. PLANNING COMMISSION RESOLUTION NO. 62 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FIND- INGS AND RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE MAP TO ALLOW FOR DEVELOPMENT OF A 6-LOT, 5-UNIT CONDOMINIUM SUBDIVISION ON 1 ACRE OF LAND, GENERALLY LOCATED WEST OF BURROWEED LANE AND NORTH OF BYWAY PLACE. CASE NO. TRACT 6753 :...� WHEREAS, the Planning Commission of the City of Palm Desert, did receive a verified application from Leavitt & Skouras, requesting approval of a 6-lot, 5-unit subdivision on 1 acre of land, located in the R-2-8000 zone and situated west of Burroweed Lane and north of Ryway Place, more particularly described as: a portion of the NE 1/4 of the NW 1/4 of Section 29, Range 6 East, Township 5 South, S. B. B. & M. WHEREAS, said application had complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 74-14"-, in that an Environmental Assessment form was submitted G and a Negative Declaration was made by the Director of Environmental - Services on June 6, 1975, and the appeal period has expired, and; WHEREAS, the Planning Commission did take into consideration the Tentative Map as submitted, and the reports of the various reviewing agencies and; WHEREAS, the Planning Commission did find that the subject Tentative Map does substantially comply with the City of Palm Desert Code (County Ordinance Number 460), and the State of California Sub- division Map Act, as amended; WHEREAS, the Planning Commission did find that the subject Tentative Map does comply with the adopted General Plan, and; 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 recommend approval to the City Council of the City of Palm Desert of the above described Tentative Map No. 6753, subject to fulfillment of the following conditions (copy attached): - -1- Resolution No. 62 r PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission held on the 30th of June, 1975, by the following vote, to wit: AYES: BERKEY, MULLINS, SEIDLER, VAN DE MARK, WILSON NOES: ABSENT: ABSTAIN: Bill Seidler, Chairman ATTEST: r PALL A. WILLIAMS, Secretary -2- i EIR FORM #7 CITY OF PALM DESERT NOTICE OF DETERMINATION Case No. TRACT 6753 Applicant: LEAVITT & SKOURAS 3102 North Doheny Drive Los Angeles, California 90048 Description of Project: Tentative Tract Map for a 5-unit, 6-lot, planned residential development west of Burroweed Lane and north of Ryway Place. E. I. R. City Council Action E. I. R. Required Yes No X '(See attached form) Date: June 6, 1975 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 24, 1975 Action: Council approved Tentative Map Date Filed with County Clerk July 25, 1975 cc: File Applicant w•.vz� ��sa.K. . r OPAL, INC. EIR FORM 111 CITY OF PALM DESERT NEGATIVE DECLARATION Case No. : Tract No. 6753 Applicant: HAROLD LEAVITT & CHARLES SKOURAS, Jr. 310k North Doheny Drive Los Angeles, California 90048 Description of Project: Tentative map for a 5-unit planned residential development to be located on a 1=acre site west of Burroweed Lane and north of Ryway Place. Finding: Project will not have a significant impact on the environment. Justification: Project reviewed as a part of conditional use permit request. Negative Declaration filed April 10, 1975. Appeal period expired April 18, 1975. Any interested citizen may appeal this determination to the Planning Commission within eight (8) days of the date of the posting of public notice by filing an appeal in accordance with Resolution No. 74-14 with the Department of Environmental Services located at 45-275 Prickly Pear Lane, Palm Desert, California. If no appeal is filed within said time, this determination shall be final. Date Filed with County Cler k (within five days) June 6, 1975 Date Public Notice Is Posted: June 6, 1975 cc: Applicant Date Appeal Period Expires: County Clerk June 14, 1975 File CITY 'OF PALM DESERT NOTICE OF PUBLIC HEARING TENTATIVE TRACT 6753 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request from LEAVITT & SKOURAS for approval of a tentative tract map for a 5-unit condominium subdivision to be located on a 1-acre site west of Burroweed Lane and north of Ryway Place, more particularly described as: a portion of the NE 1/4 of the NW 1/4 of Section 29, T.5S. , R.6E. , S.B.B.&M. ' G I N Y D N :T H E F T I a 0 N,M O.0 D 'S t X E El' D 3T R C T I _��-•�q R E E ...� 81T q E ET ! __t1n 1'L- �_• \�Se.T=/ !_I _ r 6•y'I—•-J _ IjT tl� f SAID public hearing will be held on Thursday, 24, 1975 at 7. 0 P.M. in the Council Chambers, Palm Desert City Hall , 45-275 Prick e, Palm Desert, California, at which time and place comments will be heard. SHEILA GILLIGAN Deputy City Clerk a ,-17j,J 12 A IT D, "' A2 a W;�rHGMg is U11 � !�(L'111 uL"u'TL1 dJlll muiyu mam n LL^i:!IDuuu _�mn n1A lid Llll11) 45-275 Prickly Pear Lane P.O. Box 1648 Palrn Desert, Ca. 92260 Ph. 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE 71.1/75 APPLICANT LEAVITT & SKOURAS 310 N. Doheny Drive Los Angeles,,_California 90048 CASE NO. TRACT 6753 i T}Zc Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of June 30, 1975 CONTINUED TO DENIED 1 XX APPROVED BY PLAN?SING COIMIMISSION RESOLUTION NO. 62 XX PLACED ON THE AGENDA OF THE CITY COUNCIL OF JULY 10, 1975 FOR CONCURRENCE WITII THE PLANNING COI.4MISSION DECISION PLACED ON THE. AGENDA OF THE CITY COUNCIL OF FOR PUBLIC HEARING Any appeal of the above action. may be ma.cte 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 i Palm Desert Planning Commission App'l�cant County Road Department CV(,T,'D J. Saunders , Webb Engineering C. Boone PLANNING COMMISSION RESOLUTION NO. 62 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FIND- INGS AND RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE MAP TO ALLOW FOR DEVELOPMENT OF A 6-LOT, 5-UNIT CONDOMINIUM SUBDIVISION ON 1 ACRE OF LAND, GENERALLY LOCATED WEST OF BURROWEED LANE AND NORTH OF BYWAY PLACE. CASE NO. TRACT 6753 WHEREAS, the Planning Commission of the City of Palm Desert, did receive a verified application from Leavitt & Skouras, requesting approval of a 6-lot, 5-unit subdivision on 1 acre of land, located in the R-2-8000 zone and situated west of Burroweed Lane and north of Ryway Place, more particularly described as: a portion of the NE 1/4 of the NW 1/4 of Section 29, Range 6 East, Township 5 South, S.B. B. & M. WHEREAS, said application had complied with the requirements of the "City of,Palm Desert Environmental Quality Procedure Resolution Number 74-14", in that an Environmental Assessment form was submitted and a Negative Declaration was made by the Director of Environmental Services on June 6, 1975, and the appeal period has expired, and; WHEREAS, the Planning Commission did take into consideration the Tentative Map as submitted, and the reports of the various reviewing agencies and; WHEREAS, the Planning Commission did find that the subject Tentative Map does substantially comply with the City of Palm Desert Code (County Ordinance Number 460), and the State of California Sub- division Map Act, as amended; WHEREAS, the Planning Commission did find that the subject Tentative Map does comply with the adopted General Plan, and; 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 recommend approval to the City Council of the City of Palm Desert of the above described Tentative Map No. 6753, subject to fulfillment of the following conditions (copy attached): -1- Resolution No. 62 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert. Planning Commission held on the 30th of June, 1975, by the following vote, to wit: AYES: BERKEY, MULLINS, SEIDLER, VAN DE MARK, WILSON NOES:. ABSENT: ABSTAIN: Bill Seidler, Chairman ATTEST: WLLLIAMS, SecreEr—y i I. i i -2- CONDITIONS OF APPROVAL TRACT NO. 6753 1. All improvements shall conform with County Subdivision Standards Schedule A unless.modified by these conditions. 2. All street improvements shall be assigned and constructed in conformance with Riverside County Road Improvement Standards. 3. Job access shall be restricted on Burroweed Lane and so noted on the final map. 4. If the subdivider does any lot grading he shall submit one reproducible brownline and four prints of a comprehensive grading plan to the Riverside County Surveyor's Office. Prints of the grading plan will subsequently be transmitted from the Surveyor's Office to the Flood Control District and Division of Building and Safety for review and approval and shall be in compliance with the Uniform Building Code, Chapter 70, as amended by Ordinance 457. 5. The subdivider shall submit for approval a soils report for stability and geological study to the Riverside County, Surveyor's Office, prior to recordation of the final map, unless waived by the Director of Environmental Services. 6. Street names for the proposed subdivision shall be subject to approval by the City Engineer and Director of Environmental Services. 7. A water and sewer system (and domestic sewage disposal for individual lots) shall be installed in accordance with the provisions set forth in the Riverside County Health Department letter dated June 9, 1975, a copy of which is en- closed. 8. Prior to recordation of the final subdivision map the applicant shall submit to the Director of Environmental Services the following documents which shall demonstrate to the satisfaction of the Director of Environmental Services that the total project will be developed and maintained in accord- ance 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. The approved documents shall be recorded prior to occupancy of any dwelling unit. 9. A management company with the unqualified right to assess the owners of the individual units for reasonable maintenance costs shall be established and continuously maintained. The management company shall have the right to lien the units of the 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 manage- ment company. 10. Provide easements for roadway slopes, drainage facilities, utilities, etc. and indicate on the final map if within tract boundary. 11. In regard to flood control protection, the following requirements as outlined in the C.V. C.W.D. letter dated May 19, 1975 shall apply. 12. The subdivider shall provide Schedule "A" fire protection. The California Division of Forestry shall review and approve the water plan map relative to location, setting, spacing and installation of fire hydrants prior to recordation of the final subdivision map. 13. A valid conditional use case shall be in effect at the time of recordation of the final map. 14. All requirements of any applicable law, ordinance, or regulation of the State of California, City of Palm Desert, and any,other applicable governmental entity shall be complied with as a part of construction. 6/30/75 CITY OF PALM DESERT . STAFF REPORT To: Planning Commission Report on: Request for Tentative Map Case No. : TRACT 6753 Applicant: LEAVITT and SKOURAS I. Request: That the Planning Commission approve a tentative tract map to allow the construction of a 5-unit planned residential development on a 1-acre site situated west of Burroweed Lane and north of Ryway Place. II. -*,Recommendation: That the request be approved and the Planning Commission adopt Resolution No. 62 , subject to the attached conditions: Justification is based upon: 1. Conformance of the proposed development to all requirements of the Subdivision Ordinance and Palm Desert General Plan. 2. The proposed development does ensure the protection of the public health, safety, and general welfare. 3. Compatibility of the proposed project to the existing and proposed development in the area. III. Background: A. Description - The subject property is a portion of the NE 1/4 of the NW 1/4 of Section 291, T. 5S. , R. 6E. , S. B. B. & M. B. Location - West of Burroweed Lane and north of Ryway Place. C. Size - 1. 0 acre D. No, of Units- 5 units and- 1 common lot E. Density - 5. 0 units/acre (gross) F. Type of Units - The five dwellings will be arranged into 1 single-family detached structure and 2 duplexes. The units will have a similar floor plan, about 2180 sq. ft. each, and with 3 bedrooms or 2 bedrooms and a den. The units will have 2 exterior variations based on a contemporary architectural design. The exteriors of the structures will be predominantly light-color slump block and stucco with dark wood beam trim. Wood shake roofs will be used. Colored floor plans, building elevations, and site plans will the made available at the meeting. G. EIR Finding - The project was reviewed in the Environmental Assessment form, resulting in a finding of Negative Declaration, i. e. the project would not have a significant effect upon the environment. Appeal period expired June 14, 1975.- H. Existing Zoning - R-2-8000 I. Adjacent Zoning north - R-2-8000 south - R-2-8000 east -- R-2-8000 west - R-2-8000 J. General Plan Commitment - The Palm Desert General Plan shows this area as potential low density resi- dential (3-5 units/acre). This project conforms to that designation. K. Proposed Parking - 13 parking spaces have been provided based on the ordinance requirement of 2. 5 spaces/unit. Each unit will have 1 garage and 1 carport. The remaining 3 spaces are provided as uncovered guest parking. L. Utilities - Water and sewer - Coachella Valley County Water District Power - Southern California Edison M. Previous Actions - Conditional Use Permit, case no. CUP-02-75, approved June 2 by Planning Commission Resolution No. 52 and Confirmed by the City Council on June 12, 1975. -2- STAFF REPORT IV. Discussion of Plot Plan Elements The major public improvements, such as the installation of curb and gutter along Burroweed Lane, have already been installed as a part of earlier developments. Each of the units has a site adjacent to it which has been reserved for future swimming pools. The project pis located adjacent to the Shadow Mountain Golf Club. The applicant has provided a public access easement along the Burroweed frontage of the property to a depth of 10 feet in order to connect existing pathway easements north and south of the project. 4 ' '[;CALIQ.`iji,l� l'iilL': )':.::�t11.:1��1�'l+l�llil ;nll'. tl:.'1rI.'UP1yrS1L'illlwuv^,lu:c�:`..nalllLlC:iL'Luu :wwrwcnmlcP�' i1L.Pl�illP 1 45.275 Prickly Pea? Lane P.U. Box 1648 Palm Desert, Ca. 92260 Ph. 346-0611 REQUEST FOR CONDITIONS OIL APPROVAL Project �&-\\/JT' 7 -t e`P(OURAS vml-r °-Lno`i Q, D. Case No. Enclosed please find. materials describing a project for which one of. the following is being requested : Conditional Use Permit Variance Gen.era.J_ Plan Amendment Parcel Map Change .of Zone Tentative t/ia.p 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 natural environment (e . g. water and air pollution) and on public resources (e . g. demand for schools, hospitals , parks , power generation , sewage treatment , etc . ) . Your recommendations plus any attached maps sent to you should be returned to the Review 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 hearing should appear at 45-275 Prickly bear Lane , of Palm Desert , at 10 A .M. on Wednesday, 2�' , Very truly yours , Paul. A. Williams , ^ T1+ Director of Environmental Services jl COMMENTS: This map appears satisfactory as shown. Ro eft P. Brock, RPB/ra Desert Office Engineer PLANNING COMMISSION COUNTY o of -- ELMER M. KATZENSTEIN,Chairman,Rubidoux RUSSELL E.CAMPBELL,Blythe RIVERSIDE MAY6.1ti9 KAY S.CENICEROS,Hemet MARION V.ASHLEY,Perris JESS E.LILLIBRIDGE,Corona KAY H.OLESEN,Palm Desert HAZEL I.EVENSEN,Planning WM.G.ALDRIDGE,San Jacinto Commission Administrative Secretary A. E. NEWCOMB — PLANNING DIRECTOR 4080 LEMON STREET, ROOM 101, RIVERSIDE, CALIFORNIA 92501 TELEPHONE (714) 787-6181 June 23, 1975 Indio Administrative Center 46-209 Oasis Street, Room 304 GWD:2830DO Indio, California 92201 (714) 347-8S11, Ext. 278 RECEIVED Mr. Paul A. Williams Director of Environmental Services JUN 2 City of Palm Desert 61�a 75 Palm Desert, CA 92260 ENHIiP0Wit ,. URVICeS Re : Tract 6753 P OF PALM DESMT Dear Mr. Williams : As per your letter of June 9, 197S requesting comments regarding Tract 67S3 we provide the following: 1) Small condominiums may have future problems of maintenance in the case of a default of-,la home owner. It is an economy of scale that large condominiums can absorb the loss of one home owner's contribution for maintenance . 2) The maneuverability of vehicles from garages in the proposed driveways may be difficult without adequate turn arounds. Thank you for the opportunity to comment. Yours very truly, RIVERSIDE COUNTY PLANNING DEPARTMENT A.E, . Newcomb. -. Planning Director Gerald W. Dupree - Penior Planner GWD:jd cc: Riverside office DEPARTMENT OF FIRE PROTECTION -- IN COOPERATION WITH THE a CALIFORNIA DIVISION OF FORESTRY COUNTY RIVERSIDE Ma, 9 J. ELMER CHAMBERS P.O. Box 248 COUNTY FIRE WARDEN C STREET & SAN JACINTO AVE. PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 June 13, 1975 Department of Environmental Services City of Palm Desert P.O. -Box 1648 Palm Desert,California Reference: Tract No. 6753 Gentlemen: . Provide the following fire protection: 1. Install super fire hydrants in accordance with Riverside County Ordinance 546 so that no unit in this planned development is more than 250' from a fire hydrant measured along approved vehicular travelways. Fire hydrants shall not �be located closer than 25' to any building. 2. • Provide a water system capable of-carrying 1,500 GPM fire flow for a 2 hour duration in excess of domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the street main from which the flow is measured at the time of measurement. 3. Hydrant system shall beiinstalled, operating and delivering the required fire flow prior to the arrival of combustible materials on the building site. 4. The water system plans shall be signed by a registered Civil Engineer and the water company with the following certification: "I certify that the design of the water system in Tract No. 6753 is in accordance with the requirements prescribedby the Riverside County Department of Fire Protection. 5. Prior to the issuance of a Building Permit, the developer shall furnish the original and four copies of the water system plan to the Riverside County Department of Fire Protection for review. Upon approval, two copies will be sent to the City of Palm Desert, department of Building and Safety, and the original will be returned to, the developer. ;Jf. ELMER CHANBERSr, Count Fire Warden i GEORGE J. SCHULTEJANN Fire Protection Planning and Engineering Officer GJS j 1 I I r r 5� RECEIVED JUN 10 1975 TO: City of Patna Desert FROM: Riverside County Health Department SUBJECT: Tract #6753 The Riverside County Department of Public Health has received the application filed by Leavitt & Skouras to construct an apartment complex. 'his department has no objection to the approval of Tract #6753 as we have definitive information regarding to the disposal of sexTa e, and the availability of water (CVCv%TD). DATE June R. 1975 Signed Lloyd Rogers, , Area Chief G; EIR liOIiM III. CITY OF PALM DESERT NEGATIVE DECLARATION Case No. : Tract No. 6753 Applicant : HAROLD LEAVITT & CHARLES SKOURAS , Jr. 3102 North Doheny Drive Los Angeles , California 90048 Description of Project: Tentative map for a 5-unit planned residential development to be located on a 1-acre site west of Burroweed Lane and north of Ryway Place. Finding: Project will not have a significant impact on the environment. Justification.: Project reviewed as a part of conditional use permit request.. Negative Declaration filed April 10, 1975 . Appeal period expired April 18, 1975. Any interested citizen may appeal this determination to the Planning Commission within eight (8) days of the date of the posting of public notice by filing an appeal in accordance with Resolution No. 74-14 with the Department of Environmental Services located at 45-275 Prickly Pear Lane, Palm Desert, California. If no appeal is filed within said time, this determination shall. be final. Date Filed with County Clerk (within five days) June 6 , 1975 Date Public Notice Is Posted: June 6 , 1975 cc: Applicant Date Appeal Period Expires: County Clerk June 14, 1975 File i � 45-275 Prickly Pear Lane P.O. Box 1648 Palm Desert, Ca. 92260 Ph. 346-0611 REQUEST FOR CONDITIONS OF APPROVAL Project 4C-k\/1 +- ,: AURA .6 'y/V1T -1.o-r /-. u,Z% Case No. _TRAC-r 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 - )— 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 natural environment (p . 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 Review 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 hearing should appear at 45-275 Prickly Pear Lane, of Palm Desert , at 10 A .M. on Wednesday, ._UNE Very truly yours , Paul A. Williams , Director of Environmental Services jl - f • l Circulation of Tent . Maps, Parcel Maps , CUP ' S , GPA's , C/A' s , etc : Review Committee ✓� P.D. Director of Environmental Services - Paul Williams ✓' P .D. Building and Safety - Jim Hill - 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 X 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. x 83-793 Ave . 47 Indio , CA 92201 (phone : 347-271.1) R.W., Riddell - Engineering Dept . Southern CA Gas Co. P .O. Box 2200 Riverside , CA 92506 (phone : 327-8531 ask for R-Jv. ext . 21.4) Page 2 Roger Harlow Director Pupil. Personnel. Service Desert Sands Unified School. District X 83-049 Avenue 46 Indio , CA 92201 (Phone: 347-4071) Jim Langdon Palm Desert Disposal Services , Inc. 36-711 Cathedral Canyon DRive xP.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 : 347-4011) -Don Scanny Foreman/Mails u 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 State Parks and Recreation 1350 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 -� Date F No. 0163. 111. Coachella Valley County Water District Coachella, California PROPOSED CONDITIONS OF APPROVAL TRACT OR CONDITIONAL USE CASE Attachment to Letter to Riverside County Planning Commission dated May 19, 1975 Parcel Map No. Tract No. Date 19 Conditional Use Case 02-25 Section 292 T5S, R6E 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 and 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. CVCWO-02lc (Rev. 11-73) RECEIVED CITY OF PALM DESERT MAY 3 d 1975 P. 0. Box 1648 ENVII(A4M9R t SERVICES CITY OF PALM DOW PALM DESERT, CA. 92260 APPLICATION FOR APPROVAL OF A TENTATIVE TRACT MAP FILING FEE RECEIPT NO. 001 3615 TENTATIVE TRACT NO. 6753 . (For offices use) DATE June 2 , 1975 APPLICANT: Name Charles P. Skouras Harold W. Levitt Address 310-1/2 North Doheny Drive ,. Los Angeles , Calif. 90048 Telephone No. 213- 275-9334 REQUEST: Request is hereby made for approval of Tentative Tract No . 6753 consisting of 1 . 02 Acres gross acres, having 6 lots , being a proposed subdivision of land for property described as . A portion of the Northeast 1/4 of the Northwest 1/4 of Section 29 , Township 5 South, Range 6 East , San Bernardino 6 Base and Meridian. West generally located on the (North,South,East,West) side of Burro Weed Lane _between Ironwood (Name of Street) (Name of Street) and Grapevine (Name of Street) ASSESSOR' S PARCEL NO. 630-050-029 TYPE OF SUBDIVISION Residential (Residential , Commercial, Industrial) P.C. approved on -1- PRESENT ZONE PROPOSED ZONE We the undersigned state that We are the ( I , We) ( I am, We are) Owners of the property described herein and hereby (Owner , Owners) give Our authorization for the filing of this (My,Our) proposed tract map : Name Harold W. Levitt (Typed or Printed as shown on Recorded Deed) Signature ;Ia Name Charles P. Skouras (T ype Pri to s shown on ecorded Deed) Signature Name (Typed. or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed) Signature Name and Address of Subdivider: Name and address of Engineer or Licensed Land Surveyor: No. L. S. 4146 Webb Engineering, Inc. 600 E. Tahquitz-McCallum Way, Suite D, Palm Springs , CAlif. 92262 SUPPORTING EVIDENCE : 1 . In addition to the required information on the Tentative Map, the source of water su�ppiy C.V. C.W. D. 2. Type of street improvements and utilities which the subdivider proposes to install Private Drive improvement only. Utilities installed in, private driveway -2- P. C. approved on i 3. The method of sewage disposal is C.V. C .W.D. 4. Proposed storm water sewer or other means of drainage (grade & size) No storm water sewers . Approved Grading Plan. 5. Protective covenants to be recorded Recorded prior to final Map recordation. 6. Proposed tree planting See Landscape sketch. 7. Preliminary grading plan (type and amount) See pad elevations on enclosed Tentative . Approximately 2 , 500 yards . The adopted general plan of the City of Palm Desert recognizes the property described in this application for residential . (Residential , Commercial , Industrial , Etc. ) use of land. -3- P.C, approved on This application may be filed only by the owner or lessee of said property and shall be signed by the owner or lessee or by a person with a Power of Attorney , in writing, from the owner or lessee , au- thorizing the application, or by the Attorney-at-Law for the owner or lessee. Indicate your authority below: We are X xkx= the ownersof said property. I am- the agent for owner of said property ( attach written authorization) I have a Power of Attorney from the owner authorizing this application (attach your written authorization) I am the Attorney-at-Law authorized to act for the owner in this application . I declare under penalty of perjury that the foregoing is true and correct . Executed at Riverside , California, this 30th day of May , 19 75 IN 4Si P. C. approved on -4- CIVIL ENGINEERING 600 E.TAHQUITZ-McCALLUM WAY Q SUITE D PALM SPRINGS, CALIFORNIA 92262 WEBB �N6INEERIN6,IMC. TELEPHONE 714.325-2245 TRANSMITTAL RECORD DATE : ATTENTION: ,quG /ly�,l.�MS CITY OF PALM SPRINGS '�e CITY OF R-4Z-AI? z2ko607- RIVERSIDE COUNTY RE: PARCEL MAP NO. RECORD OF SURVEY ^TENTATIVE MAP TRACT NO. FINAL MAP TRACT NO. STREET PLANS SEWER PLANS WATER PLANS GRADING PLANS E REMARKS : �/9l�G •• 5.AICC4 ej�/NV c G�C V 7 VIA: WEPA ENGINEERING , INC . 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