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HomeMy WebLinkAboutTT 9129 MARRAKESH DRIVE MARRAKESH COUNTRY CLUB 1977 f CITY PALM DESERT _ .- .. •i?".a,_ -Tr t; 45•2",9 PRICKLY PEAR i PALM DESERT CA.92260(714)846-0611 . f '"tr•y. DEPARTF0EN 'OF ENVIRON MENTAL SERVICES APR No. t' PLANNING DIVISION DATE REC. — (DO !✓OT 14IA317-E/N TWS SPACE) APPLICANT /(Please prin4) ,� O (NA(yl E) .— (Mailing address) (Telephone) t city} State (zip-code) Request (describe specific nature of approval requested) Ci74 71✓ tG.T��-G�' /'iu<- �rsJ4!� l/�� Property Description: , sS essar's Parcel No. Existing Zoning d Existing Gen. Plan Designation Fyoperty Owner Authorization: The Undersionad states Shot they are the owner(s) of the property described herein end hereby give a U izot' n f r t�tj�liryg offhSs applic Lion - -- Signature Date Agreement Absolving the City of Palm Desert Of all liabilities relativ ny Deed Restrictions. I DO BY MY SIGNATURE ON THIS AGREEMENT, absolve the City of Palm Desert of all liabilities regarding any deed restrictions that may be applicable to the property described heroln. f 3;7 _ Signatur Dato _ Applica f s Signature — — Signature Date ' (for staff use only) ENVIRONMENTAL STATUS — —" ❑ MINISTERIAL. ACT E.A.No. Accepted by: _ KCATEGORICA EXEMPTION - ❑ NEGATIVE DECLARATION /� y ❑ OTHER CASE N o. NOTE: APPLICANT MUST ALSO C TE RELATED SUPPLEMENTAL APPLICATION. Reference Case No. ORIGINAL FILE COPY PROPERTY OWNERS' ASSOCIATION POST OFFICE BOX 1633 • PALM DESERT, CALIFORNIA 92260 March 17, 1977 Palm Desert City Council Palm Desert, California Gentlemen: Those whose signatures appear below are all Marrakesh homeowners, Marrakesh residents, or both. We are deeply concerned at the prospect that the Marrakesh development will not be completed in accordance with the original Marrakesh Master Plan. That Plan was known to all of us when we bought. It envisioned. 364 homes,. all with comparable quality, similar appearance and excellent landscaping - an attractive, compatible end result. The development as planned and when completed, without question would have been among the most attractive in the City of Palm Desert. We all counted on such a result. It now appears that our expectations will not come to pass and that we will all end up as residents of an uncompleted project. This we understand is because the City of Palm Desert is considering imposing such heavy costs for sidewalks , drainage and additional entrances that the developers must abandon the completion of the remaining landscaping and remaining twenty-six houses . This turn of events comes as an unwelcome shock to us, particularly after all that the residents of Marrakesh did in support of. the City 's initial incorporation. As we understand it, the City is considering requiring the Marrakesh developers to do the following: 1. Construct a sidewalk adjacent to the entire easterly boundary of the Marrakesh property along Portola. 2. Construct a sidewalk adjacent to the entire northerly boundary of the Marrakesh property along Grapevine. 3. Provide an additional entrance to the Marrakesh property for fire equipment. 4 . Install drainage facilities along the westerly and northerly boundaries of Marrakesh so that ground water will all be channeled to leave Marrakesh near the junction of Grapevine and Portola. Cont. . . March 17 , 1977 Palm Desert City Council Page 2. . . 5. Pay a fee of $20,979.00 for "its share" of a Haystack storm drain. 6 . Pay a "Park Fee" of $8,900.00 In the aggregate, the developers inform us that they estimate these six items will cost them so much that it is financially imprudent to complete the project. We comment on the City proposals below. 1. The Portola Sidewalk We urge each of you gentlemen on the City Council to take a few minutes and inspect the Marrakesh boundary along Portola. In our view it is unusually attractive. A real asset to the City. A real asset to Marrakesh residents. The . grass, the trees , the shrubs and the wall itself are highly creditable. They conform to the original Master Plan. They were approved as appropriate and proper by your predecessors when the Marrakesh development was conceived. Now that an additional tract at a - location far removed from Portola is contemplated, the City is asked by its planning staff tochange the rules in the middle of the game and require a sidewalk on Portola: - Arid to what purpose? - To reduce the present attractive appearance? To provide a place more suitable for an occasional jogger to run up. or down the steep Portola hill? Certainly almost no pedestrians will use it. A sidewalk may make sense in an urban area to provide access to adjacent houses. Here, however, the only thing adjacent is a solid wall. And where do its users start and where end? If sidewalks are necessary why only opposite Marrakesh? There are none in the built up area below and none to the south above. A Portola Marrakesh sidewalk makes no sense from any standpoint. Just unnecessary cost. 2 . The Grapevine Sidewalk Here again the fence and shrubs accord with the original Master Plan and were- approved-by your predecessors as appropriate. In our view they are attractive but could be (and we believe would be) improved by further landscaping. Who will benefit by this sidewalk? It is bordered by its full length by a solid fence. It goes from nowhere to nowhere. Will the residents to the west, where incidentally there is no sidewalk, want to walk east to the desert across Portola? There is no one living to the east who could walk west! It is impossible for us to see how the "benefits" from this "sidewalk in any way match the obvious high cost. The members of the City Council should particularly consider this. No future resident of the tract for which a permit is sought will ever use either. sidewalk- In one case they are separated from it by an impenetrable fence and hedge, in the other by a quarter of a mile walk and solid masonry wall. These sidewalks have no relationship to the tract in question. The tract residents will receive no benefit from either. When you gentlemen endeavor to reach a fair result in this matter, you must consider whether it is fair for this tract to bear all the costs and receive no benefit. Cont. . . March 17 , 1977 Palm Desert City Council Page 3 . . . 3. The Additional Entrance One of the qualities of Marrakesh which we, its residents, prize most is its security. We pay for this personally month in and month out by subsidizing the personnel at the one entrance gate, by nightly guard ser- vice and by maintenance of the exterior fencing. All this at no expense to the City for providing police. This self-supplied security is very important to us. We only ask the Members of the City Council that in imposing a requirement which will allow emergency vehicles into Marrakesh, you consider with care that this be done in such a way that our exposure to trespassers will not be increased and our long-term added expense will be minimized. There must be a way to provide us with "fire protection" without materially increasing our "police protection" costs. 4. Drainage The alluvial plain on which Palm Desert lies falls rather steeply from southwest to northeast. Surface water, of course, has always flowed downward to the northeast, passing in part through Marrakesh on the way. ✓ In the recent past houses along the westerly boundary of Marrakesh have been allowed to build walls and drains so as to channel water coming from up the canyon onto the Marrakesh property. It is this water channeled onto Marrakesh land and not Marrakesh generated water that the City now seeks to have routed around Marrakesh at the expense of one tract of Marrakesh to Grapevine and Portola. . Such a requirement is manifestly unfair to Marrakesh and particularly to this particular tract. What is more important to you and us is the legal implication which inevitably follows . We are advised that whoever causes surface water to be unnaturally channeled onto another's land is legally liable for resultant damage. If water from up the hill is deliberately channeled to the vicinity of Grapevine and Portola, a substantial legal exposure to downstream property owners affected thereby is immediately created. The runoff from the more or less natural flow of the past has been bad. The effect of concentrating all of this at one place will be far worse. Should such action be forced upon the developers by the City, the City itself obviously will become wide open to future lawsuits by those on whom the "rechanneled" water flows. Your legal counsel may wish to consider the case of Steiger v. City 163 Cal. App2 110 in this regard. Whether those responsible for the City 's administration at the time such drainage requirements are imposed, have personal liability should such damage occur, we shall not hazard a guess . We suggest that before imposing this Marrakesh drainage requirements , the City Council would be wise to seek legal advice on the. subject. If you do, we are confident that you will be very slow to proceed with the contemplated Marrakesh drainage plan. From the standpoint of the particular tract for which a permit is being sought - this a one way street - all expense and no benefit. As we see it, any attempt to deal with this "Palm Desert alluvial plain"drainage problem on a piecemeal property-_by-property basis makes no sense. The problem is clearly something which cries out for an extensive overall study by com- petent engineers hired specifically to recommend a sound solution for all of Palm Desert and adjacent communities on a long range basis. Marrakesh should not be made the scapegoat to spend large sums on a piecemeal plan whic: in all probability will make the situation worse, not better for those "downstream" from Marrakesh. Cont. . . March 17 , 1977 Palm Desert City Council Page 4. . . S. The Haystack Road Storm Drain The permit requested involves twenty-six houses. It is inconceivable to us how $20 ,979.00 could be allocated fairly to this limited number of houses . Furthermore, this proposed storm 'drain is outside, not within the proposed subdivision. 6 . $8, 900.00 Park Fee Marrakesh itself is a beautiful private park and it is unlikely that any Marrakesh resident will ever use a Palm Desert public park. If such a Palm Desert City Park be needed, then let the cost be met either by those who will use it or by all Palm Desert City taxpayers. It seems un- fair to us to foist any part of such cost on those who happen to be seeking from the City an unrelated permit at the' time - particularly for a park outside the subdivision and one which will not serve the future inhabitants of that subdivision. In conclusion, may we say that those of us signing this letter are very proud of Marrakesh. We believe it to be a credit to the City, to the area and to ourselves. It will continue to be a credit to us all if it can be finished as -originally- planned -by the developers. It will not be, if it is not. It is our strong belief that the City Council should provide full cooperation to see that the project is completed as planned. Where else, can--the--City-get private--roads,—with no city maintenance expense, private street lighting at no City cost, no school expense or welfare expense for its residents, and virtually no crime expense for the city! Completion of this -type-of -community should be encouraged, not penalized._ The undersigned earnestly petition and. request the City Council to consider the foregoing and to eliminate from its requirements the costly items adverted- to above. A copy of this .letter (and copy of petition) is being sent to each member. of the Council. The original petition is being sent to the mayor. Sincerely yours, MARRAKESH PROPERTY OWNERS ' ASSOCIATION 1007 SOUTH PALM CANYON DRIVE, S�.FE A CIVIL ENGINEERING PALM SPRINGS. CALIFORNIA 92262 LAND PLANNING TELEPHONE (714) 325-1537 SURVEYING �ttllmttrk�, `n�gine �sin�, Jnr. FRANK HAMERSCHLAG, C.E. Q� President ^ ✓�� �' January 5, 1977 ROB ice r silent S Vice President toll Vice President !O J Mr. Brian Horrocks Security Title Insurance Company P.O. Box 111 11,7 �f�r��Q�� Riverside , California 92501 Dear Mr. Horrocks: Plea;,e furnish the City of Palm Desert a list of the property owners within a 300 foot boundary of Tract No. 9129 ( formerly Tract 6229-4) as shown on the enclosed map, The City asks that you sign the enclosed affidavit or supply an acceptable substitute therefore. If you have any questions, please contact me. Very truly yours, HALLMARK ENGINEERING, INC. Frank Hamerschlag resident FH/js Enclosures CERTIFIED PROPERTY OWNIRS' LIST AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM DESERT ) I, 'C , hereby certify that the attached list contains the names and addresses of all persons to whom all propert;;, is assessed as they appear on the latest available assessment- roll of the County within the area described on the attached application and for a distance of three hundred (300) feet,, from the exterior boundaries of the property described on the attached application. I certify under penalty of perjury that the foregoing is true and correct. c-` (signed)_ -- (date)_ /_ ,�!7 I` s POST OFFICE BOX 1143 PALM DESERT. CALIFORNIA 92260 February 25 , 1977 REC ENVED FED 2 B 1977 Director of Environmental Services ENVIRONMENTAL SERVICES CITY OF PALM DESERT City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 Re: Case # - Tract 9129 Dear Sir: This letter is to appeal certain conditions as approved by Planning Commission Resolution #216 at its meeting on February 15 , 1977. The conditions appealed are: (2) The suggested sidewalk would not serve the residents in the proposed subdivision. The property owners in the Marrakesh project have indicated they do not wish a sidewalk on. either Portola .or, Granevine. Our pine trees and sprinklers would be severely disturbed on Portola and the oleander hedge on Grapevine would be damaged. The cost of installing this off site improvement on the final phase of Marrakesh is uneconomical and prohibitive. .(3) The city engineer has suggested that we be responsible for containing water from other areas (not our own) and retain them on our property at the west end and carry this drainage from the west end of our property along .Grapevine and deposit it on Portola. Our plan calls°::for depositing'' this water (not ours) on Grapevine as was planned on the original ten- tative map. We propose that condition #3 be reworded as follows: Marrakesh will continue to retain all nuisance drainage (including normal rainfall) , which originates on Marrakesh streets and golf course and contain this water on site and conduct it to the steel culvert approxi.matel_ 100 feet west of Portola. When the curbs and gutters are installed on the two story apartment buildings on Grapevine and Portola, the previous problems will be alleviatec (5) It is our understanding that the words "manned gates or card system will be considered satisfactory" were to be deleted and that a concrete driveway access from Grapevine to Amir Drive through the crash gate was to be acceptable. A second major entrance for residential use is not desired by our property owners, is contrary to the Master Plan, and creates un- ' necessary expense and security problems . (S) This condition requests all access rights to the city on Portola and Grapevine. The subdivision map act, article 3 (dedications) #66476 in- dicates that direct access rights may be required (from any property shown on a final or parcel map as abutting thereon) . In other words , we can only grant direct access on Grapevine where the proposed tract abuts at Grapevine. Cont. . . . POST OFFICE BOX 1143 PALM DESERT, CALIFORNIA 92260 February 25 , 1.977 I Director of Environmental Services Page 2. . . . .(18) A park fee of approximately $8,900. 00 has been requested. The sub- division map act, article 3 (dedications) #66477 indicates that a dedication of land or payment of fees may be required provided that (c) "the land fees or combination thereof are to be used only for the purpose of providing park or recreational facilities to serve the subdivision, " (e) "the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision" . Marrakesh itself has created a park within its walls with a golf facility, ".:.:_.common areas and swimming and therapy pools for the recreation of its residents. The private streets within Marrakesh are used by its residents for walking and exercise. This is another reason why sidewalks are not . needed. (7) (Planning Commision deadlock) The applicant cannot provide for addi- tional right of way because .we do not own the..property on which the right of way is requested. The subdivision map act, article 3 (dedications) #66475 -dedication ,nay be required if the land is within the subdivision .- the applicant is requestad to pay $20,979 . 00 into a master plan storm drain fund. The subdivision map act, article 5 (fees) #66483 - the pro- posed storm drain must be set by ordinance which has been in effect for a period of at least 30 days prior to the filing of a tentative map. The ordinance must refer to particular drainage containing an estimate of the total cost of construction and a map of the area showing you the _ location of the facilities. It has not been called to our attention that the above referenced condition exists on the proposed storm drain. We feel that the above conditions should be deleted or altered as we have indicated. The city planners have proposed excessive conditions on a tract on which a tentative map had already been filed and have economically burdened the final phase of 26 condominiums with these condi-ions to the point that it is not feasible to complete our project,. Due to the complexity and importance of our request we ask for a continuance on Resolution #216 which has been scheduled for the City Council meeting on March 10, 1977. We beleive that further study sessions are needed here so that we may arrive at some mutual understanding. MARRA BUILDING CORPORATION ohn �W. on, Executive Vice President Brian M. . Jones , ce President CC: Palm Desert City Council PLANNING OMMISSION RESOLUTION NO. 216 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF i PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE 4 MAP TO ALLOW A 27-UNIT PLANNED RESIDENTIAL DEVELOPMENT BY THE MARRAKESH BUILDING AND COUNTRY CLUB ON 5.67 ACRES OF LAND, GENERALLY LOCATED SOUTHERLY OF GRAPEVINE STREET, ' AND WESTERLY OF PORTOLA AVENUE. CASE NO. TRACT 9129 ,7 I i WHEREAS, the Planning Commission of the City of Palm Desert, California, did receive a verified application from MARRAKESH BUILDING AND COUNTRY CLUB, re- questing approval of a Tentative Map for a 27-unit planned residential development on 5.67 acres of land, located in the PR-3 Zone District and situated west of Portoia Avenue and south of Grapevine Street,-more, parti'cularly described as:. A Portion of the NW 4 of the SE 4 of Section 29 T5S, R6E, S.B.B. & M. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental: Quality Procedure Resolution No. 74-14", in that the project was initiated prior to the effective date of the California -Environmental Quality Act and is therefore considered to be exempt as an on- going project; and, WHEREAS, the Planning Commission did take into consideration the Ten- tative 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 Subdivision Ordinance and the State of California Subdivision Map Act, as amended; and, WHEREAS, the proposed subdivision complied with the approved development plan on the property known as Variance 948; and, WHEREAS, the Planning Commission did find that the subject Tentative Map does comply with the adopted General Plan, NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: j 1. That the above recitations are true and correct and constitute the findings of the Commission. in this case; - 2. The Planning Commission is recommending that the City Council require compliance to Article' 26.15 of the City`s Subdivision Ordinance by the payment of a fee as specified by recommended Condition No. 18; > j 3. That it does hereby recommend approval to the City Council of the City of Palm Desert, 'California, -Df-the above described Tentative Map No. 9129, Planning Commission Resolution No. 216 February 15, 1977 CONDITIONS OF APPROVAL CASE NO. TRACT 9129 1. All improvements shall conform with the City's Standard Specifications r � and the City Engineer. 2. Sidewalk as approved by the City Engineer for the full frontage along Grapevine Street from Portola Avenue to the western property line shall IJ be installed and the full frontage of the total Marrakesh project on Portola Avenue. 3. All drainage shall be contained on-site and conducted to Portola Avenue or handled in a manner acceptable to the City Engineer. 4. Connect west side drainage channel to Tamarisk cul-de-sac and make pro- visions to handle water flowing onto property from west in a manner satisfactory to the City Engineer. Capacity of channel shall conform to preliminary Palm Desert Plaster Drainage Plan, dated August, 1976. 5.. Provide a second entrance for use by emergency vehicles and residents in emergency situation. Details shall be satisfactory to the Police Chief, Fire Marshall , and Disaster Preparedness Officer. Card system will be considered satisfactory. 6. Install street lighting satisfactory to the City Engineer at Portola Avenue entrance. 7. f - I 8. Owner shall grant to the City of Palm Desert all access rights to Portola Avenue and Grapevine Street except at approved entrances, or provide other access control methods as approved by the City Engineer. 9. The conditions of approval of all prior tracts shall be completed prior to occupancy of more than 50% of the dwellings in this tract. 10. All private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. 11. Street names for the proposed subdivision shall be subject to approval by the Director of Environmental Services. 12. A water and sewer system shall be installed in accordance with the pro- visions set forth in the Riverside County Health Department letter dated January 11, 1977, a copy of which is attached. i 13. 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 Planning Commission that the total project will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey, title. b. Covenants and restrictions to be recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. -14. The approved documents shall be recorded at the same .,time that the sub- division map is recorded. 1 1 . ' CONDITIONS OF APPROVAL PLANNING COMMISSION TRACT 9129 RESOLUTION NO. 216 15. The hrnne owners association 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 r to any encumbrance other than a first deed of trust provided such deed ! of trust is made in good faith and for value and is of record prior to the lien of the management company. 16. The subdivider shall provide Schedule A fire protection. The City Fire Marshall 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. Further, all requirements as specified under the Fire Marshall ' s memo dated January 12, 1977, attached hereto, shall be met. 17. All requirements of any applicable law, ordinance, or regulation of the State of California, City of Palm Desert, and any other applicable govern- ment entity shall be complied with as a part of construction.. 18. Compliance with Article 26.15 of the City's Subdivision Ordinance, the public facilities requirement shall be met by the paying of a fee in an amount determined under the Ordinance provisions. .19. Design review of proposed units and grading plan shall occur prior to issuance of grading permit. AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. i Date (Applicant's Signature d. .2A .. ♦. r •I J TO: Mr. Paul Williams, Director of Environmental Services City of Palm Desert FROM: Lloyd W. Rogers, R.S. , Supervising Sanitarian Riverside County Health Department — Desert District DATE: January 11, 1977 SUBJECT: Tentative Map #9129 The Department of Public Health of Riverside County has received the application filed by Marrakesh for an addition to their planned unit development in the Palm Desert area, South of Grapevine and East of Portola. This Department has no objection the approval of Case 0 TT 9129 as sewage and water will be provided by the Coachella Valley County Water District. LUR:j s �v J 11 INTEROFFICE MEMORANDUM City of Palm Desert TO: PAUL WILLIAMS, DIRECTOR OF ENVIRONMENTAL SERVICES FROM: BUD ENGEL, FIRE MARSHAL SUBJECT: TENTATIVE TRACT NO. 9129 DATE: January 12, 1977 Provide the following fire protection in accordance: ]. Install a water system capable of delivering 1500 GPM fire flow from any fire hydrant fora two-hour duration in addition to domestic supply. The computa- tion shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants located at each street inter- section (a) but not greater than 250 feet apart in any direction. A. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted orange. B. Curbs shall be painted red 15 feet in either direction from each hydrant. 3. Prior to recordation of the final map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. . 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in Tract No. 9129 is in accordance with ..the requirements prescribed by the Fire Marshal." Upon approval, the original . plan will be returned to the developer. BUD ENGEL Fire Marshal jes r JAN 1 ;, I977 t 0MR01IMENTAL SERVICES ` cm OF PALS DESERT f i Minutes Palm Desert Planning Commission ' February 15, 1977 $V. APPROVAL OF MINUTES (continued) Page 10, 13th paragraph, 2nd line, change "line" to "like". Page 11, 5th paragraph, 4th line, insert the word "foot" between . ` °tsquare" and "restaurant". 1 ' ! . � Page 11, 10th paragraph, 1st line, change "maim" to "main". Page 11, 2nd paragraph from the bottom, first line, change "dues" to "does". Page 12, 10th paragraph, change "visual" to "visible". Page 13, 1st paragraph, add the .following to the end of the sentence: "when it reviews the project." Page 13, 2nd and 3rd paragraphs from the bottom,i change t1Hubbard". to "Berkey". Page. 17, 2nd paragraph, 3rd line, change "decent" to "recent". A motion of Commissioner Berkey, seconded by Commissioner Mills, to approve the minutes of the Special Planning Commission Meeting of Janu- ary 25, 1977, as corrected, was unanimously carried. V. WRITTEN COMMUNICATIONS -1 None VI. PUBLIC HEARINGS Chairman Wilson asked that it be noted for the record that the Commission had met in a Study Session prior to tonight's meeting for the purpose of asking questions of. staff and to look at the items on the agenda. Further, he stated that no attempt was made to arrive at any decisions. Chairman Wilson then explained the Public Hearing procedures to those present. A. CONTINUED CASE NO. TRACT 9129, MARRAKESH BUILDING & COUNTRY CLUB Commissioner Mills asked to be excused from the discussion on this case - . due to a possible conflict of interest and left the council chambers. Request for Tentative Tract approval for a 26-unit residential condo- minium subdivision, the final phase of the Marrakesh project, located south of Grapevine and east of Burroweed, extended. Continued from January 25, 1977. (PR-3 Zone District). Mr. Williams presented the staff report on the case. He outlined 1 concerns for drainage from the project onto Grapevine. He also discussed potential screening recommendations along Grapevine. Mr. Williams then discussed the recommended conditions of approval with the Commission. February 15, 1977 Page Two A CITY of PALM DESERT STAFF REPORT To: Planning Commission Case No. : TRACT NO. 9129 Applicant: MARRAKESH BUILDING and COUNTRY CLUB I. RE UEST: That approval be granted for a 27-lot subdivision for a planned residen- tial development on property in the PR-3 Zone District and located on ' the south side of Grapevine, west of Portola. II. STAFF RECOMMENDATION: That the Planning Commission, by Resolution No. recommend approval of the Tentative Map to the City Council , subject to conditions. Justi- fication for this approval is based upon the following facts: 1) The proposed map is consistent with the City's adopted General Plan. 2) The design or improvement of the proposed subdivision as modified by the recommended conditions will be consistent with the General Plan. 3) The site is physically suitable for the type of development proposed. 4) The site is physically suited for the proposed density of the develop- ment. 5) The design of the subdivision as amended by the recommended conditions and the proposed improvements are not likely to cause substantial en- vironmental damage or substantially endanger any wildlife or their habitat. 6) The design of the proposed subdivision and the related improvements are not likely to cause serious health problems. 7) The proposed map conforms to both the Subdivision Ordinance of the City, and the State Map Act. III. BACKGROUND: A. Tract Size: 5.67 Acres B. Proposed Lots: 27 lots, 26 units C. Zoning• PR-3 D. Adjacent Zoning: North - R-2-8,000 S.P. South - PR-3 East - PR-3 West - R-1-12,000 E. Environmental Finding: This project is exempt from the requirements of CEQA, as it is an on-going project. January 25, 1977 Page One IV. DISCUSSION: This map is the final phase of the Marrakesh development. When all completed, the development will consist of 360 units on approximately 150 acres. ';These last 26 units are a portion of Tract 6229 which ex- pired before the applicant filed the final map. The main points of discussion on this final phase are: 1. Drainage 2. Screening around perimeter of the project. 3. Provisions for a secondary access. 4. Park fee as required by the Palm Desert Municipal Code. DRAINAGE: __There is a concrete drainagestructure proposed along the westerly property line of the project and' al'so a smaller one along the northerly ' property line for the length of this phase':The staff feels that when adequate improvements are complete on Grapevine, the street will be able to accept water from this project.. Provisions should be made to contain nuisance water on-site. SCREENING: In order to adequately screen this development from the traffic on Grapevine andtneighboringsingle-family homes, the staff recommends that a five (5)to six (6) foot decorative masonry wall be installed along Garpevine,'; for. the length of this tract. SECONDARY ACCESS: The earlier approvals of this development included requirements for secondary access. The project should have - secondary access on Grape- vine at the point where Marrakesh Drive meets Amir Drive. This should be a key or card operated gate. PARK FEES: Pursuant to Section 26�15-6 of the Palm Desert Municipal Code, the developer is required to dedicate land or pay a fee for parks and recreation purposes. Based upon the .formula, the applicant shall be required to pay a fee of approximately $8,900.00. This shall be cal- culated more precisely by the .City Engineer. January 25, 1977 Page Two PLANNING COMMISSION RESOLUTION NO. JANUARY 25, 1977 CONDITIONS OF APPROVAL CASE NO. TRACT. NO. 9129 1. All improvements shall conform with the City's Subdivision Standards unless modified by these conditions. 2. a) All street improvements shall be designed and constructed in con- formance with City Improvement Standards. 1) Interior drives shall be platted as driveway easements. 2) Improvements shall .be required as approved by amended Variance No. 948, Planning Commission Resolution No. 14, except that a masonry wall similar to the existing wall on Portola shall be installed adjacent to the Grapevine Frontage from the existing wall on Portola to the west property line except for any secon- dary access as approved by .the City Engineer. b) Other street improvements and requirements shall be as follows: ' 1) Haystack Road shall be improved with match-up asphalt concrete paving and concrete curb and gutter located 32 feet from the centerline within a 44-foot halfwidth dedicated right-of-way, for the full frontage bf the subject property. 2) Except for .secondary access as required and approved by the City Engineer, lot access shall be restricted on Grapevine Street and so noted on the final map. 3) Sidewalk as approved by the City Engineer for the full frontage along Grapevine Street from Portola to the western property line shall be installed. 3. If the subdivider does any lot grading, he shall submit one reproducible brownline and four prints of a comprehensive grading plan to the City Engineer. Prints of the grading plan will subsequently be transmitted from the Surveyor's Office to the Flood Control District and Department of Building and Safety for review and approval and shall be in compliance with the City's Grading Ordinance. 4. The subdivider shall submit for approval a soils report for stability and geological study to the City Engineer prior to recordation of the final map. 5. Street names for the proposed subdivision shall be subject to approval by the Director of- Environmental Services. 6. A water and sewer system shall be installed in accordance with the pro- visions set forth in the Riverside County Health Department letter dated January 11, 1977, a copy of which is attached. 7. 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 Commission that the total project will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey title. b. Covenants and restrictions to be recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. -1- _ CASE NO. TRACT 9129 r v . 8. The approved documents shall be recorded at the same time that the subdivision map is recorded. 9. The home owners association 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 subordinace to any encumbrance other than a first deed of trust provided such deed of trust is made in good faith and for value and is of record prior to the lien of the management company. 10. In regard to flood control protection and sewer service, the following requirements shall apply: a. The proposed drainage channels along Grapevine Street and the west property line shall be designed and installed as required by the City Engineer. b. The interior drainage shall conform to the provisions of the "Com- prehensive Plan for Surface Water Drainage for Palm Desert". 11. The subdivider shall provide Schedule A fire protection. The City Fire Marshall shall review and approve the water plan map relative to loca- tion, setting, spacing, and installation of fire hydrants prior to recordation of the final subdivision map. Further, all requirements as specified under Fire Marshall 's Memo, dated January 12, 1977, attached hereto, shall be met. 12. The impact of nuisance water run-off originating on-site shall be mini- mized through the use of retention basins or dry wells in open space areas with one on Marrakesh Drive at Grapevine and an interceptor on north of Grapevine.. Plans for such improvements shall be submitted to the City Engineer for approval prior to recordation of the final map. 13. All requirements of any applicable law, ordinance, or regulation of the . State of California, City of Palm Desert, and any other applicable govern- ment entity shall be, complied with as part of construction. 14. Compliance with Article 26.15 of the City's Subdivision Ordinance, the public facilities requirement shall be met by the paying of a fee in an amount determined under the Ordinance provisions. AGREEMENT I accept and agree, prior to .use of this permit or approval , to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. DateT (Applicant's Signature r , TRACT 9129 . Marrakesh City Engineer's Conditions of Approval �11 . Sidewalk shall be installed- along full frontage on Portola Avenue and Grapevine.AJenue. - . All drainage shall be contained on-site and conducted to Portola - Avenue. �f .!S%. Connect west side drainage channel to Tamarisk cul-de-sac and make provisions to handle water flowing ontojproperty from west in a manner satisfactory to City Engineer. Capacity of channel shall conform to preliminary Palm Desert Master Drainage Plan, dated August 1976. i!� 4 Provide a second entrance for use by emergency vehicles and residents in emergency situation. Details shall be satisfactory to the Police Chief, Fire Marshall and Disaster Preparedness Officer. Manned gates or card system will be considered satisfactory. (, .5: Install street lighting satisfactory to the City Engineer at Portola Avenue entrance, and at the intersection of Grapevine Avenue and Portola Avenue. 7.-6, Install a 72 inch diameter storm drain or equivalent drainage structure as may be approved by the City Engineer along Haystack Road between Deep Canyon Stormwater Channel and the westerly edge of the property. �,7>- Owner shall grant to City all access rights to Portola Avenue and Grapevine Avenue except at approved entrances. cj �. The conditions of approval of all prior tracts shall. be completed \ prior to occupancy of more than 50% of the dwellings in this tract. V 9. All public works improvements shall be constructed in accordance with the requirements of the City Standard Specifications and the City Engineer. 10. All private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. RECEIVE ® i LJ J iJ� � ENVIRONMENTAL SERVICES CITY OF PALM DESERT Minutes Palm Desert Planning Cotmiariaion February 15, 1977 Hunter Cook, City Engineer, explained the engineering principles behind the request for the new drainage facilities along Haystack and adjacent to Grapevine. Chairman Wilson opened the Public Hearing and asked if the applicant was .� present. } I BRIAN JONES, 68-500 Sharpless, Cathedral City, spoke as a represen- L()) tative of Marrakesh. Mr. Jones told the Commission that the tract . was originally approved but lapsed in time. Further, the tract re- presented the last 26 units of a project that was started in 1968. Mr. Jones stated that the new recommended conditions of approval were excessive and very expensive and were not deemed necessary for Tract 6229. Mr. Jones also stated that Marrakesh had already built a storm channel on the west side of the property. He was also op- posed to the sidewalk on Portola and Grapevine. Further, he felt that, for security purposes, a single entrance was best and that the residents of Marrakesh had agreed with this policy. Mr. Jones also discussed the street light condition and the condition requiring a drain on Haystack. Mr. Jones then requested a waiver of the park fee requirement. He stated that Marrakesh created its own park atmos- phere. JOHN DAWSON, Vice President of Marrakesh, 47-328 Marrakesh, spoke to the Commission regarding his opposition to the requirements for side- walk, the wall on Grapevine, the street lights, the park fee, and new . drainage improvements. FRANK HAMMERSCHLAG, Project Engineer, 555 Roxbury Drive, Palm Springs, spoke to the Commission and stated that he disagreed with the carrying of water along Grapevine onto Portola. He stated that he felt that re- t construction of the intersection would relieve niisance water runoff problems. He also stated that Condition No. 8 regarding access rights `-� to Portola could pose a legal problem since that land had already been turned over to the homeowners association. Chairman Wilson asked if there was anyone present who wished to speak in FAVOR of approval of the project. Being no one, he then asked if there was anyone present wishing to speak in OPPOSITION to approval of the project. JIM GIMIAM, 73-493 Purslane, spoke to the Commission and asked if the pads would be lowered to the original planned level. He stated that dirt removed from Purslane during the flood had increased elevations of the new tract area. Mr. Williams answered Mr. Gimian and stated that the pads had been raised in height but would be carefully reviewed during the Design Review Board Process. Further, the old grading plans would be com- pared to check heights. GEORGE FAWCETT, 73-450 Bursera, spoke to the Commission and asked that they reconsider lowering the original pad elevations because of the height of the units. MARY K. VAN DE MARK, 73-420 Grapevine, spoke to the Commission and stated that she lives just across the street from the drain outlet along the west boundary of Marrakesh and that running water will travel across Grapevine and not turn right. BUD ENGEL, Riverside County Fire Department (Palm Desert City Fire Marshall) , spoke to the Commission and stated that the existing crash gate was completely unsatisfactory. Also, he stated that a 16 foot wide hard surface road with a card-system gate would provide an emer- gency exit and allow easier access for emergency vehicles. Further, that 4 to 7 minutes of response time would be saved and that this time was critical during a fire or heart attack call. Page Three Minutes Palm Desert Planning Commission February 15, 1977 JOHN DAWSON spoke in rebuttal and stated he objected to the manned entrance but did agree with a crash gate concept. lie replied to the comments on grading by pointing out that the buildings were only 16 feet high and the pads were close to the natural grade. He stated that he felt it was not fair to burden only Marrakesh with resolving, r the water problem along the .west boundary since all of that water was t coming from other projects to the west and south, not from Marrakesh. PAUL MOLLER, 73-415 Goldflower, spoke to the Commission and stated that + a wall along the rear of lots on Salt Cedar which diverted water toward Marrakesh was required as a condition of approval. Chairman Wilson closed the Public Hearing and asked the Commission to take the matter under consideration. Commissioner Berkey had a question pertaining to the old tract (6229) and vested rights. .Acting City Attorney Jeff Patterson stated that there were no, vested rights, the old map was invalidated. Mr. Williams stated that time limits were intended to allow modification or projects due to changing policies and situations. Commissioner. Kelly stated that she was in favor of the condition requiring sidewalk as it was written; that she felt .it would be a benefit to the com- -unity. Commissioner Berkey stated he would like to see the City Council delete the requirement for sidewalk. - Commissioner Reading stated that the sidewalk was jest an added expense which ( r would not be justified by the number of residents walking along Portola or Grapevine. City Engineer Hunter Cook stated that the trees would not have to be removed for the installation of -the sidewalk. Commissioner Reading then stated that if. the trees could .be saved, the re- quirement for sidewalk should be left in because it conformed to City policy. Chairman Wilson felt that the condition should be left in unless the Council decided to delete it. The Commission then held a discussion pertaining to Condition of Approval No. 3 (drainage) and the consensus was. that the condition should remain as written with the addition of the following: --- to as handled in a manner satisfactory to the City Engineer." Regarding Condition No. 4, the Commission agreed that the following should be added: "or as acceptable to the. City Engineer." The Commission felt that the differences regarding Condition No. 5 should be worked out between the applicant and the City Fire Marshall. Commissioner -� Berkey-.asked that "manned gates or" be-deleted from the condition. The Com- mission concurred, Regarding Condition No. 6, Commissioners Reading and Berkey felt .that the re- quirement for the light on Grapevine. should be deleted as it was too far away from-the project.. Commissioner Kelly felt. that- the .condition should be .left as is. Chairman Wilson stated that there was a need for lighting at Grapevine but that the applicant should not be- responsible for its installation. -He then asked that the following be deleted from Condition No. 6: $land at the intersection ,of Grapevine Street and Portola Avenue." The Commission concurred. Page Pour Minutes Palm Desert Planning Com a ssion February 15, 1977 The next condition that was discussed was Condition No. 7. Commissioner Kelly stated that she was in favor of the revised Condition No. 7, which reads as follows: 7. Provide 10 feet of additional right-of-way for storm drain purposes adjacent to Haystack Road, along the full length of the property. Applicant shall contribute $20,979 to the City as his proportionate share of •the Master Plan storm drains. LJ, Commissioner Reading was also in favor of revised Condition No. 7. Chairman Wilson and Commissioner Berkey were opposed to the revised condition. .They both felt that it was too far away to require improvements. There was a short discussion on Condition No. 8, with the consensus that the following should be added: "or provide some other agreement on access control agreeable to the City." Regarding Condition No. 18 (requirement fora park fee), Commissioner Reading was opposed to the condition. Commissioners Berkey and Kelly felt that it was ok as written. Chairman Wilson also felt that the con- dition was ok as written but should be waived by the City Council. Mr. Williams informed the Commission that in case of a deadlock on Condition No. 7, it should be added to the resolution, allowing the City Council to decide. The following subsection 4 was added to the resolution: 4). Be it; known to the City Council that in review of the �- conditions of approval, the Commission reached a dead- " i lock on Condition No. 7, which is as follows: (see above wording). Li The Commission also agreed that an additional condition should be added as follows: 19. Design review of proposed units and grading plan shall occur prior to issuance of grading permit. Chairman Wilson again opened the Public Hearing. GEORGE FAWCETT, stated that he felt it would be necessary to review the pad height before it's too costly to change. Chairman Wilson closed the Public Hearing. Commissioner Berkey moved, and Commissioner Reading. seconded a motion to adopt Planning Commission Resolution No. 216, as revised. The motion carried 4-0 with Commissioner Mills abstaining. . THERE WAS A TEN-MINUTE RECESS B. CASE NO. CPA 01-77, P. MOLLER _1 Request for an Amendment of the Land-Use Element Map of the Palm Desert General Plan to change the designation from Very Low Density Residential (1=3 dwelling units per acre) to Service Industrial for a 3-acre parcel located on the north side of 44th Avenue, west of Painter's Path, PR-1,H Zone District. Mr. Williams presented the staff report to the Commission which included the request, staff's recommendation that the Planning Commission approve the Amendment and forward a recommendation for approval to the City Council, and a complete background of the request. Page hive r 45-275 PRICKLY PEAR LANE PALM DESERT CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE February, 18,. 1977 APPLICANT MARRAKESH BUILDING COUNTRY CLUB P. 0. BOX 1143 PALM DESERT, CA. 92260 CASE NO. TRACT 9129 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of February 15, 1977 CONTINUED TO DENIED X APPROVED BY PLANNING COMMISSION RESOLUTION NO. 216 X PLACED ON THE AGENDA OF THE CITY COUNCIL OF March 10, 1977 FOR C09MRE=XXM-KX)DM PUBLIC HEARING PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services , City of Palm Desert, within fifteen (15) days of the date of the decision.. PAUL A. WILLIAMS, Secretary Palm Desert Planning Commission Applicant 'i�o �( X1dSA4 (X � }a (�SFe�d( Hallmark Engineering, 1007 South Palm Canyon Drive, P.S. 9WW}yc Engineering Dept. File CVCWD --- 7- ,T-j PLANNi— COMMISSION RESOLUTION NO. 216 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE MAP TO ALLOW A 27-UNIT PLANNED RESIDENTIAL DEVELOPMENT BY q THE MARRAKESH BUILDING AND COUNTRY CLUB ON 5.67 ACRES OF LAND, GENERALLY LOCATED SOUTHERLY OF GRAPEVINE STREET, AND WESTERLY OF PORTOLA AVENUE. CASE NO. TRACT 9129 WHEREAS., the Planning Commission of the City of Palm Desert, California, did receive a verified application from MARRAKESH BUILDING. AND COUNTRY CLUB, re- questing approval of a Tentative Map for a 27-unit planned residential development on 5.67 acres of land, located in the PR-3 Zone District and situated west of Portola Avenue and south of Grapevine Street, more particularly described as: A Portion of the NW a of the SE 4 of Section 29 T5S, R6E, S.B.B. & M. s WHEREAS, said application has complied with the requirements of the ' "City of Palm Desert Environmental Quality Procedure Resolution No. 74-14" , in that the project was initiated prior to the effective date of the California Environmental Quality Act and is therefore considered to be exempt as an on- going project; and, 1 WHEREAS, the Planning Commission did take into consideration the Ten- tative 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 Subdivision Ordinance and the State of California Subdivision Map Act, as amended; and, WHEREAS, the proposed subdivision complied with the approved development plan on the property known as Variance 948; and, WHEREAS, the Planning Commission did find that the subject Tentative Map does comply with the adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City i of Palm Desert, California, as follows: r 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. The Planning Commission is recommending that the City Council require compliance to Article 26.15 of the City's Subdivision Ordinance by the payment of a fee as specified by recommended Condition No. 18; 3. That it does hereby recommend approval to the City Council of the City of Palm Desert, California, of the above described Tentative Map No. 9129, -1- } e Planning Commission Resolution No. 216 subject to fulfillment of the attached conditions of approval. 4. Be it known to the City Council , that in review of the conditions of approval , the Planning Commission reached a deadlock on. Condition No. 7, which reads as follows: "7. Provide ten (10) feet of additional right-of-way for storm ` drain purposes adjacent to Haystack Road, along the full length of the property. Applicant shall contribute $20,979 to the City of Palm Desert as his proportionate share of the Master Plan storm drains. " PASSED, APPROVED, and ADOPTED at the regular meeting of the Palm Desert Planning Commission, held on this 15th day of February, 1977, by the following vote,. to wit: AYES: BERKEY, KELLY, MILLS, READING, WILSON NOES: NONE ABSENT: NONE ABSTAIN: NONE S. ROY WILSON, CHAIRMAN i ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION f I : 3 -2- ;: Planning Commission Resolution No. 216 February 15, 1977 CONDITIONS OF APPROVAL CASE 110. TRACT 9129 1. All improvements shall conform with the City's Standard Specifications and the City Engineer. ! 2. Sidewalk as approved by the City Engineer for the full frontage along Grapevine Street from Portola Avenue to the western property line shall _ be installed and the full frontage of the total Marrakesh project on Portola Avenue. 3. All drainage shall be contained on-site and conducted to Portola Avenue. or handled in a manner acceptable to the City Engineer. 4. Connect west side drainage channel to Tamarisk cul-de-sac and make pro- visions to handle water flowing onto property from west in a manner satisfactory to the City Engineer. Capacity of channel shall conform to preliminary Palm Desert Master Drainage Plan, dated August, 1976. 5. Provide a second entrance for use by emergency vehicles and residents in emergency situation. Details shall be satisfactory to the Police Chief,. Fire Marshall , and Disaster Preparedness Officer. Card system will be. -considered satisfactory. 6. Instal'l street lighting satisfactory to the City Engineer at Portola Avenue entrance. 7. 8. Owner shall grant to the City of Palm Desert all access rights to Portola Avenue and Grapevine Street except at approved entrances, or provide other access control methods as approved by the City Engineer. 9. The conditions of approval of all prior tracts shall be completed prior to occupancy of more than 50% of the dwellings in this tract. 10. All private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. 11. Street names for the proposed subdivision shall be subject to approval by the Director of Environmental Services. 12. A water and sewer system shall be installed in accordance with the pro- visions set forth in the Riverside County Health Department letter dated January 11, 1977, a copy of which is attached. 13. 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 Planning Commission _ -- that the total project will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey title. b. Covenants and restrictions to be recorded, c. Management and maintenance agreement to be entered into with the owners of the units of the project. 14. The approved documents shall be recorded at the same time that the sub- division map is recorded. -1- CONDITIONS OF APPROVAL PLANNING COMMISSION TRACT 9129 RESOLUTION NO. 216 15. The home owners association 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 management company. 16. The subdivider shall provide Schedule A fire protection. The City Fire Marshall 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. Further, all requirements as specified under the Fire Marshall 's memo dated January 12, 1977, attached hereto, shall be met. 17. All requirements of any applicable law, ordinance, or regulation of the State of California, City of Palm Desert, and any other applicable govern- ment entity shall be complied with as a part of construction. 18. Compliance with Article 26. 15 of the City's Subdivision Ordinance, the public facilities requirement shall be met by the paying of a fee in an amount determined under the Ordinance provisions. 19. . Design review of proposed units and grading plan shall occur prior to issuance of grading permit. L ` i ..AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. } Date (Applicant's Signature -2- t TO: Mr. Paul Williams, Director of Environmental Services City of Palm.DRsert FROM: Lloyd W. Rogers, R.S. , Supervising Sanitarian Riverside County Health Department - Desert District DATE: January 11, 1977 SUBJECT: Tentative Map #9129 The Department of Public Health of Riverside County has received the application filed by Marrakesh for an addition to their planned unit development in the Palm Desert area, South of Grapevine and East of Portola. This Department has no objection the approval of Case # TT 9129 as sewage and water will be provided by the Coachella Valley County Water District. LWR:j s I j JNTEROFFICEMEMORANDUM City of Palm Desert , .:. TO: PAUL WILLIAMS, DIRECTOR OF ENVIRONMENTAL SERVICES FROM: BUD ENGEL, FIRE MARSHAL SUBJECT: TENTATIVE TRACT NO. 9129 :;DATE: January 12, 1977 -Provide the following fire protection in accordance: 1. Install a water system capable of delivering 1500 GPM fire flow from any fire hydrant for a two-hour duration in addition to domestic supply. The computa- tion shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants located at each street inter- section (a) but not greater than 250 feet apart in any direction. .A. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted orange. B. Curbs shall be painted red 15 feet in either direction from each hydrant. 3. Prior to recordation of the final map, the developer shall furnish the original !_ i sand three (3) copies of the water system plan to the Fire Marshal for review. -A. 'The water system plar, shall be signed by a registered civil engineer and :::approved by the water company, with the following certification: "I certify that the design of the water system in Tract No. 9129 is in accordance with the requirements prescribed by the Fire Marshal." Upon approval, the original .-plan will be returned to the developer. BUD ENGEL Fire Marshal JeS `= JAN 1 1977 I ENVIRONMENTAL SERy10ES ' CnY OF PALM DESERT PLANNING COMMISSION RESOLUTION NO. FEBRUARY 15, 1977 CONDITIONS OF APPROVAL CASE NO. TRACT NO. 9129. 1. All improvements shall conform with the City's Standard .Specifications and the City Engineer. 2. Sidewalk as approved by the City Engineer for the full frontage along Grapevine Street from Portola to the western property line shall be in- stalled and the full frontage of the total Marrakesh project on Portola Avenue, 3. All drainage shall be contained on-site and conducted to Portola Avenue. 4. Connect west side drainage channel to Tamarisk cul-de-sac and make pro- visions to handle water flowing onto property from west in a manner satis- factory to City Engineer. Capacity of channel shall conform to prelimi- nary Palm Desert Master Drainage Plan, dated August 1976. 5. Provide a second entrance for use by emergency vehicles and residents in emergency situation. Details shall be satisfactory to the Police Chief, Fire Marshall , and Disaster Preparedness Officer. ` Manned gates or card system will be considered satisfactory. 6. Install street lighting satisfactory to the City Engineer at Portola Avenue entrance, and at the intersection of Grapevine Avenue and Portola Avenue. 7. Install a 72 inch diameter storm drain or equivalent drainage structure as may be approved by the City Engineer along Haystack Road between Deep Canyon Stormwater Channel and the westerly edge of the property. 8. Owner shall grant to City all access rights to Portola Avenue and Grape- vine Avenue except at approved entrances. 9. The conditions of approval of all prior tracts shall be completed prior to occupancy of more than 50% of the dwellings in this tract. 10. All private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. subdivider s. any lot gra ing, .he shall sub 't one repr ucible brown e and four pr is of a comp ensive grading p n to the C y Enginee Prints of th grading plan 1 subsequently e transmit d from the rveyor's Offic to the Flood trol District nd Departme t of Buildin and. Safety for. view and appro 1 and shall b in complia ce with the Cit ' s Grading Ordin ce. divider s �tfapprov soils port stability and geo cal stu%y t Engineer or to recordati of the final map. /! r13: Street names for the proposed subdivision shall be subject to approval I by the Director of Environmental Services. 1 Z-o! A water and sewer system shall be installed in accordance with the pro- visions set forth in the Riverside County Health Department letter dated January 11, 1977, a copy of which is attached. -1- CONDITIONS. OF APPROVAL CASE .NO. TRACT NO. 9129 Prior to recordation of the -final subdivision map, the applicant shall submit 3to the Director of Environmental Services the following documents which shall demonstrate to .the satisfaction of-the Commission that the total project will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey title. b. Covenants and restrictions .to be recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. l^� The approved documents shall be recorded at the same time that the subdivision map is recorded. The home owners association 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 management company. The subdivider shall provide Schedule .A fire protection. The City Fire Marshall 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. Further, all requirements as specified under the Fire Marshall 's memo dated-January 12, 1977, attached hereto, shall be met. All requirements of.any applicable law, ordinance, or regulation of the State of California, City of Palm Desert, and any other applicable government entity shall be complied with as a part of construction. RCompli.ance with Article 26.15 of..the City's Subdivision Ordinance, the public facilities requirement shall be met by the paying of a fee in an amount deter- mined under the Ordinance provisions. AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, :and understand that the Department of' Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. . Date (Applicant'si Signature City Council Resolution No. 77-32 March 24, 1977 CONDITIONS OF APPROVAL CASE NO. TRACT 9129 I . All improvements shall conform with the City's Standard Specifications and the City Engineer. 2. All drainage shall be contained on-site and conducted to Portola Avenue or handled in a manner acceptable to the City Engineer. 3. Connect west drainage channel to Tamarisk cul-de-sac and make provisions. to handle water flowing onto property from west in a manner satisfactory to the City Engineer. Capacity of channel shall conform to preliminary Palm Desert Master Drainage Plan, dated August, 1976. 4. Provide a second .entrance for use by emergency vehicles and residents in emergency situation. Details shall be satisfactory to the Police Chief, Fire Marshal , and Disaster Preparedness Officer. 5. Install traffic safety lighting satisfactory to.the City Engineer at Portola Avenue entrance. 6. Owner shall grant to the City of Palm Desert all .access rights to Grapevine Street and adjacent to Tract No. 9129_ except at approved entrances, or provide other access control methods as approved by the City Engineer. 7. The conditions of approval of all prior tracts shall be completed prior to occupancy of more -than 75% of the dwellings in this tract. 8. All private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. 9. Street names for the proposed subdivision shall be subject to approval by the Director of Environmental -Services. 10. A water and sewer system shall be installed in accordance with the provisions set forth in the Riverside County'Health Department letter dated January 11 , 1977, a copy of which is attached. 11 . 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 Planning Commission that the total pro- ject will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey title. b. Covenants and restrictions to be recorded. C. Management and maintenance agreement to be entered into with the owners of the units of the project. 12. The approved documents shall be recorded at the same time that the subdivision map is recorded. 13. The homeowners association 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 management company. -1- CONDITIONS OF APPROVAL - TRACT 9129 City Council Resolution No. 77-32 March 24, 1977 14. The subdivider shall provide Schedule A fire protection. The City Fire Marshal 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. Further, all requirements as specified under the Fire Marshal 's memo dated January 12, 1977, attached hereto, shall be met. 15. All requirements of any applicable law, ordinance, or regulation of the State of California, City of Palm Desert, and any other applicable government entity shall be complied with as a part of construction. 16. Compliance with Article 26.15 of the City's Subdivision Ordinance, the public facilities requirement shall be met by the paying of a fee in an amount deter- mined under the Ordinance Provisions. 17. Design review of proposed units and grading plan shall occur prior to issuance of grading permit. C AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. Date Applicant's Signature CONDITIONS OF APPROVAL - TRACT 9129 CITY COUNCIL RESOLUTION NO. 77-32 MARCH 24, 1977 ATTACHMENT 1 OF 2 TC: Ix Paul Williams, Director of Environmental Services CiLy of Palm Desert FROM: Lloyd W. Rogers, R.S., Supervising Sanitarian Riverside County Health Department — Desert District DATE: January 11, 1977 SUBJECT: Tentative Map #9129 The Department of Public Health of Riverside County has received the application filed by Marrakesh for an addition to their planned unit development in the Palm Desert area, South of Grapevine and East of Portola. . This Department has no. objection the approval of Case # TT 9129 as sewage and crater will be provided by the. . Coachella Valley County Water District.:;;:=, LSIR:j s Ci4 CONDITIONS OF APPROVAL - TRACT 9129 CITY COUNCIL RESOLUTION NO. 77-32 March 24, 1977 - ATTACHMENT. 2 OF 2 . INTEROFFICE MEMORANDUM City of Palm Desert I TO: PAUL WILLIAMS, DIRECTOR OF ENVIRONMENTAL SERVICES FROhi: BUD ENGEL, FIRE MARSHAL SUBJECT: TENTATIVE.TRACT NO. 9129 DATE: January 12, 1977 Provide the following fire protection in accordance: 1. Install a water system capable of delivering 1500 GPM fire flow from any fire hydrant for a two-hour duration in addition to domestic supply. The computa- tion shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants located at each. street inter- section (a) but not greater than 250 feet apart in any direction. A. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted orange. 4 B. Curbs shall be .painted red 15 feet in either direction from each hydrant.— 3. Prior to recordation of the final map, the developer shall furnish the original - and three (3) copies of, the water system plan to the Fire Marshal for review. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in Tract No. 9129 is in accordance with the requirements prescribed by the Fire Marshal." Upon approval, the original • . plan will be returned to the developer. BUD ENGEL Fire Marshal ieS i . JAN z %j 197-1 VMR01VME1Vr4L SERVICE Car OF Pam DESERT , r City Council Resolution No. 77-32 March 24, 1977 CONDITIONS OF APPROVAL CASE NO. TRACT 9129 1 . All improvements shall conform with the City's Standard Specifications and the City Engineer. 2. All drainage shall be contained on-site and conducted to Portola Avenue or handled in a manner acceptable to the City Engineer. 3. Connect west drainage channel to Tamarisk cul-de-sac and make provisions to handle water flowing onto property from west in a manner satisfactory to the City Engineer. Capacity of channel shall conform to preliminary Palm Desert Master Drainage Plan, dated August, 1976. 4. Provide a second entrance for use by emergency vehicles and residents in emergency situation. Details shall be satisfactory to the Police Chief, Fire Marshal , and Disaster Preparedness Officer. 5. Install traffic safety lighting satisfactory to the City Engineer at Portola Avenue entrance. 6. Owner shall grant to the City of Palm Desert all access rights to Grapevine Street and adjacent to Tract No. 9129 except at approved entrances, or provide other access control methods as approved by the City Engineer. 7. The conditions of approval of all prior tracts shall be completed prior to occupancy of more than 75% of the dwellings in this tract. 8. All private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. 9. Street names for the proposed subdivision shall be subject to approval by the Director of Environmental Services. 10. A water and sewer system shall be installed in accordance with the provisions set forth in the Riverside County Health Department letter dated January 11 , 1977, a copy of which is attached. 11 . 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 Planning Commission that the total pro- ject will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey title. b. Covenants and restrictions to be recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. 12. The approved documents shall be recorded at the same time that the subdivision map is recorded. - 13. The homeowners association 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 management company. -1- CONDITIONS OF APPROVAL - TRACT 9129 City Council Resolution No. 77-32 March 24, 1977 14. The subdivider shall provide Schedule A fire protection. The City Fire Marshal 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. Further, all requirements as specified under the Fire Marshal 's memo dated January 12, 1977, attached hereto, shall be met. 15. All requirements of any applicable law, ordinance, or regulation of the State of California, City of Palm Desert, and any other applicable government entity. shall be complied with as a part of construction. / 16. Compliance with Article 26.15 of the City's Subdivision Ordinance, the public facilities requirement shall be met by the paying of a fee in an amount deter- mined under the Ordinance Provisions. 17. Design review of proposed units and grading plan shall occur prior to issuance of grading permit. C AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. Date Applicant's Signature Resolution No. 77-32 4) The site is physically suited for the proposed density of the development; 5) The design of the subdivision as amended by the recommended condi- tions and the proposed improvements are not likely to cause substantial environ- mental damage or substantially endanger any wildlife of their habitat; 6) The design of the proposed subdivision and related improvements are not likely to cause serious health problems; 7) The proposed map conforms to both the Subdivision Ordinance of the City of Palm Desert and the State Map Act, as amended. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1) That the above recitations are tue and correct and constitute the findings of the Council in this case; 2) That it does hereby approve the above-described Tentative Map No. 9129, subject to the conditions attached hereto and made a part of this Resolu- tion. 3) That the required neighborhood and community facilities fee required by Condition No. 17 will be utilized to. provide Park and Recreation facilities in close proximity to the subdivision within five (5) years of recordation of the Final Map. . PASSED, APPROVED, and ADOPTED at the regular meeting of the Palm Desert City Council on this 24th day of March, 1977, by the following vote, to wit: AYES: Brush, McPherson, Newbrander, Seidler & Mullins NOES: None ABSENT: None ABSTAIN: None EDWARD D. MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN, City C rk City of Palm Desert, California -2- RESOLUTION 77-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND APPROVING A TEN- TATIVE MAP TO ALLOW FOR THE DEVELOPMENT OF A 26-UNIT PLANNED RESIDENTIAL SUBDIVISION ON 5.67 ACRES LOCATED GENERALLY SOUTH- ERLY OF AND ADJACENT TO GRAPEVINE STREET, WEST OF PORTOLA AVE- NUE. CASE NO. TT 9129 WHEREAS, the Planning Commission of the City of Palm Desert, California, did recommend approval by Planning Commission Resolution No. 216, of an applica- tion from MARRAKESH BUILDING & COUNTRY CLUB for a Tentative Map for a 26-unit planned residential development on 5.67 acres located in the PR-3 zone district, and situated southerly of and adjacent to Grapevine Street, west of Portola Avenue, and more particularly described as: A portion of the NW 14 of the SE 14 of Section 29 T5S, R6E, S.B.B. & M. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 77-7", in that the project was initiated prior to the effective date of the California Environmental Quality Act and is therefore considered to be exempt as an on-going project; and, WHEREAS, the Planning Commission did conduct a Public Hearing on the proposed Tentative Map and has recommended by Planning Commission Resolution No. 216, approval of said Tentative Map by the City Council; and, WHEREAS, the City Council has conducted a Public Hearing on the proposed Tentative Map at their regularly scheduled meeting of March 10, 1977, and at the request of the applicant, a continued Public Hearing at their regularly scheduled meeting of March 24, 1977; and, WHEREAS, the City Council, after taking into consideration the comments received from the applicant and other persons in attendance at the Public Hearings, after review of the Tentative Map as submitted, and after reviewing the reports received from the various reviewing agencies did find that the subject Tentative Map -should be approved subject to conditions for the following reasons: 1) The proposed map is consistent with the City`s adopted General Plan; 2) The design or improvement of the proposed subdivision as modified by the recommended conditions will be consistent with the General Plan; 3) The site is physically suitable for the type of development proposed; -1- l RESOLUTION 77-32 i A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND APPROVING A TEN- TATIVE MAP TO ALLOW FOR THE DEVELOPMENT OF A 26-UNIT PLANNED RESIDENTIAL SUBDIVISION ON 5.67 ACRES LOCATED GENERALLY SOUTH- ERLY OF AND ADJACENT TO GRAPEVINE STREET, WEST OF PORTOLA AVE- NUE. CASE NO. TT 9129 WHEREAS, the Planning Commission of the City of Palm Desert, California, did recommend approval by Planning Commission Resolution No. 216, of an applica- tion from MARRAKESH BUILDING & COUNTRY CLUB for a Tentative Map for a 26-unit planned residential development on 5.67 acres located in the PR-3 zone district, and situated southerly of and adjacent to Grapevine Street, west of Portola Avenue and more particularly described as: A portion of the NW 'k of the SE 14 of Section 29 TSS, R6E, S.B.B. & M. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 77-7", in that the project was initiated prior to the effective date of the California Environmental Quality Act and is therefore considered to be exempt as an on-going project; and, - WHEREAS, the Planning Commission did conductea Public Hearing on the proposed Tentative Map and has recommended by Planning Commission Resolution No. 216, approval of said Tentative Map by the City Council; and, WHEREAS, the City Council has conducted a Public Hearing on the proposed Tentative Map at "their regularly scheduled meeting of March 10, 1977, and at the request of the applicant, a continued Public Hearing at their regularly scheduled meeting of March 24, 1977; and, WHEREAS, the City Council, after taking into consideration the comments received from the applicant and other persons in attendance at the Public Hearings after review of the Tentative Map as submitted, and after reviewing the reports received from the various reviewing agencies did find that the subject Tentative Map should be approved subject to conditions for the following reasons: 1) The proposed map is consistent with the City's adopted General Plan;. 2) The design or improvement of the proposed subdivision as modified by the recommended conditions will be consistent with the General Plan; 3) The site is physically suitable for the type of development proposed; -i- o . Resolution No. 77-32 4) The site is physically suited for the proposed density of the development; 5) The design of the subdivision as amended by the recommended condi- tions and the proposed improvements are not likely to cause substantial environ- mental damage -or substantially endanger any wildlife of their habitat; I 6) The design of the proposed subdivision and related improvements are not likely to cause serious health problems; 7) The proposed map conforms to both the Subdivision Ordinance of the City of Palm Desert and the State Map Act, as amended. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1) That the above recitations are tue and correct and constitute the findings of the Council in this case; 2) That it does hereby approve the above-described Tentative Map No. 9129, subject to the conditions attached hereto and made a part of this Resolu- tion. II3) That the required neighborhood and community facilities fee required t . by Condition No. 17 will be utilized to. provide Park and Recreation facilities in close proximity to the subdivision within five (5) years of recordation of the Final Map. PASSED, APPROVED, and ADOPTED at the regular meeting of the Palm Desert City Council on this 24th day of March, 1977, by the following vote, to wit: AYES: Brush, McPherson, Newbrander, Seidler & Mullins NOES: None ABSENT: None ABSTAIN: None EDWARD D. MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN, City C rk City of Palm Desert, California -2- DEPARTMENT OF REAL ESTATE OF THE STATE OF CALIFORNIA TELEPHONE NO. (213) 620-2700 In the matter of the application of FINAL SUBDIVISION PUBLIC REPORT MARRAKESH LEASEHOLDING PARTNERSHIP, A Partnership, and MARRAKESH BUILDING FILE NO. 40622 AND COUNTRY CLUB CORPORATION, A Corporation ISSUED: JUNE 29, 1978 EXPIRES: JUNE 28, 1983 for a Final Subdivision Public Report on TRACT NO. 9129 "MARRAKESH UNIT NO. 14 RIVERSIDE COUNTY, CALIFORNIA This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. INFORMATION REGARDING SCHOOLS CAN BE FOUND ON PAGE EIGHT OF THIS REPORT Section 35700 of the California Health and Safety Code provides that the practice of discrimination because of race, color, religion, sex, marital status, national origin or ancestry in housing accommodations is against public policy. Under Section 125.6 of the California Business and Professions Code, California real estate licensees are subject to disciplinary action by the Real Estate Commissioner if they make any discrimination, distinction or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion, ancestry or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is guilty of such conduct, he or she should contact the Department of Real Estate. Information Regarding Schools can be found on Page a READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this SUBDIVISION. R/E Form 618 -1- 10/76 56503-OM 32a3 au osr Y COMMON INTEREST SUBDIVISION GENERAL INFORMATION The project described in the attached Subdivision Public Report is known as a common-interest subdivision. Read the Public Report carefully for more information about the type of subdivision. The subdivision includes common areas and facilities which will be owned and/or operated by an owners'association. Purchase of a lot or unit automatically entitles and obligates you as a member of the association and, in most cases, includes a beneficial interest in the areas and facilities. Since membership in the association is mandatory, you should be aware of the following information before you purchase: Your ownership in this development and your rights board. In short,"they"in a common-interest subdivision and remedies as a member of its association will be is"you". Unless you serve as a member of the governing controlled by governing instruments which generally board or on a committee appointed by the board, your, include a Declaration of Restrictions (also known as control of the operation of the common areas and CC&R's), Articles of Incorporation(or association)and facilities is limited to your vote as a member of the Bylaws. The provisions of these documents are intended association. There are actions that can be taken by the to be,and in most cases are,enforceable in a court of law. governing body without a vote of the members of the Study these documents carefully before entering into a association which can have a significant impact upon the contract to purchase a subdivision interest. quality of life for association members. In order to provide funds for operation and Until there is a sufficient number of purchasers of lots maintenance of the common facilities, the association or units in a common-interest subdivision to elect a will levy assessments against your lot/unit. If you are majority of the governing body, it is likely that the delinquent in the payment of assessments,the association subdivider will effectively control the affairs of the may enforce payment through court proceedings or your association. It is frequently necessary and equitable that lot/unit may be liened and sold through the exercise of a the subdivider do so during the early stages of power of sale. The anticipated income and expenses of development. It is vitally important to the owners of the association, including the amount that you may individual subdivision interests that the transition from expect to pay through assessments, are outlined in the subdivider to resident-owner control be accomplished in proposed budget. Ask to see a copy of the budget if the an orderly manner and in a spirit of cooperation. subdivider has not already made it available for your examination. When contemplating the purchase of a dwelling in a common-interest subdivision, you should consider A homeowner association provides a vehicle for the factors beyond the attractiveness of the dwelling units ownership and use of recreational and other common themselves. Study the governing instruments and give facilities which were designed to attract you to buy in this careful thought to whether you will be able to exist subdivision. The association also provides a means to happily in an atmosphere of cooperative living where the accomplish architectural control and to provide a base interests of the group must be taken into account as well for homeowner interaction on a variety of issues. The as the interests of the individual. Remember that purchaser of an interest in a common-interest subdivision managing a common-interest subdivision is very much should contemplate active participation in the affairs of like governing a small community . . . the management the association. He or she should be willing to serve on can serve you well, but you will have to work for its the board of directors or on committees created by the success. •— DRE O Q •. a+aa`d+`:t:.[r[..la:vul'x'frn"..33�.c.:a..zu�zS»i;.a.a,�C..'�v�w.3ax\zH'�.:.,§}ts�,i.�,a, .., R J\Yd2i —2— of 8 pages FILE NO. 40622 SPECIAL NOTES THIS REPORT COVERS LOTS 1 - 27, INCLUSIVE. THIS PROJECT IS A PLANNED DEVELOPMENT. IT INCLUDES COMMON AREAS AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN UNINCORPORATED ASSOCIATION OF LESSEES. THE BOARD OF GOVERNORS HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS LIMITED TO YOUR RIGHT TO VOTE AT MEETINGS. THE INTEREST TO BE CONVEYED WILL BE A SUBLEASE OF A 75-YEAR LEASE COMMENCING JULY 6, 1967, AND EXPIRING JULY 5, 2042, BETWEEN ELISABETH E. STEWART AS LESSOR AND JOHN W. DAWSON AS LESSEE. THE INTEREST OF JOHN W. DAWSON HAS BEEN ASSIGNED TO MARRAKESH LEASEHOLDING PARTNER- SHIP, WHO WILL SUBLEASE THEIR INTEREST TO MARRAKESH BUILDING AND COUNTRY CLUB CORPORATION, TO BE REASSIGNED TO RESIDENTIAL SUBLESSEES. IN ACCORDANCE WITH REGULATION 2805, TITLE 10, CALIFORNIA ADMINISTRATIVE CODE, THE SUBDIVIDER OR AGENT OF THE SUBDIVIDER WILL DELIVER TO EACH SUBLESSEE A COPY OF THE MASTER LEASE AND ALL MODIFICATION, . EXTENSION AND ASSIGNMENTS UPON WHICH THE INTEREST TO BE CONVEYED IS BASED. THE DEVELOPER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE RESTRICTIONS PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE, OBLIGATIONS, AND COSTS OF MAINTENANCE . AND OPERATION. YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT. THE SUBDIVIDER STATED HE WILL FURNISH THE CURRENT BOARD OF OFFICERS OF THE HOMEOWNER ASSOCIATION THE BUILDING PLANS TO INCLUDE DIAGRAMS OF LOCATION OF MAJOR COMPONENTS, UTILITIES AND RELATED DATA. THESE ITEMS WILL BE IMPORTANT TO THE BOARD OF OFFICERS OR THOSE WHO WILL MANAGE OR REPAIR COMMON FACILITIES IN THIS SUBDIVISION. PURCHASE OF A DWELLING UNIT IN THIS PROJECT DOES NOT INCLUDE ANY RIGHTS OR PRIVILGES IN THE GOLF COURSE OR OTHER FACILITIES OF MARRAKESH COUNTRY CLUB, ADJOINING THE MARRAKESH RESIDENTIAL COM- MUNITY. SUCH PRIVILEGES MAY BE OBTAINED ONLY THROUGH MEMBERSHIP APPLICATION TO MARRAKESH COUNTRY CLUB AND PAYMENT OF THE THEN CURRENT MEMBERSHIP FEE, AND THE PRIVILEGES OF SUCH MEMBERSHIP ARE SUBJECT TO THE PROVISIONS OF THE CLUB'S BYLAWS, RULES AND REGU- LATIONS AS THE SAME EXIST FROM TIME TO TIME. THE SUBDIVIDER AD- VISES THAT MEMBERSHIP IN THE COUNTRY CLUB IS WITHOUT ASSURED TENURE BEYOND ANY PERIOD COVERED BY THE PAYMENT OF ANNUAL DUES. WARNING: WHEN YOU SELL YOUR LOT TO SOMEONE ELSE, YOU MUST GIVE THAT PERSON A COPY OF THE DECLARATION OF RESTRICTIONS. IF YOU FORGET TO DO THIS, IT MAY COST YOU A PENALTY OF $500.00, PLUS ATTORNEY'S FEES, PLUS DAMAGES. (SEE CIVIL CODE SECTION 1360.) -3- of 8 pages FILE NO. 40622 . INTEREST TO BE CONVEYED: You will receive a sublease to a specified lot, which includes an undivided 1/26th leasehold interest as a tenant in common in the common area Lot 27 together with a non-exclusive easement for access. LOCATION AND SIZE: In the City of Palm Desert, at Marrakesh Drive and Grape- vine Street. Approximately 5.67 acres divided into 26 residential lots in addition to the common area, which consists of Lot 27, on which community facilities consisting of swimming pool, jacuzzi pool, ramada, and other recreational facilities will be constructed. The subdivider has posted a bond in the amount of $226,603.00 to assure comple- tion of improvements described in the "Planned Construction Statement", attach- ed to the bond. The estimated completion date for these improvements is Aug- ust 1, 1978. NO SUBLEASE PURCHASE ESCROW IN THIS PROJECT IS TO CLOSE UNTIL: (A) ALL COMMON AREAS AND FACILITIES ON LOT 270 OF TRACT 9129 HAVE BEEN COMPLETED AND A NOTICE OF COMPLETION AS DEFINED IN CIVIL CODE SECTION 3093 HAS BEEN RECORDED, COVER- ING ALL THE FOREGOING AREAS AND FACILITIES. (B) THE STATUTORY PERIOD FOR MECHANICS LIENS HAS EXPIRED, OR THE PURCHASER IS PROVIDED A POLICY OF TITLE INSURANCE WITH AN ENDORSEMENT INSURING THE PURCHASER AGAINST UNRECORDED ME- CHANIC LIENS. MANAGEMENT AND OPERATION: The Marrakesh Unit No. 14, Homeowners' Association, which you must join, manages and operates the common areas in accordance with the Restrictions. MAINTENANCE AND OPERATIONAL EXPENSES: The subdivider has submitted a budget for the maintenance and operation of the common areas. You should obtain a copy of this budget from the subdivider. Under this budget, the monthly f' assessment against each subdivision lot will be $150.00, of which amount $20.65 is a monthly contribution to long term reserves and is not to be used to pay for current operating expenses. IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY ASSESSMENT FIGURE WHICH VARIES 10% OR MORE FROM THE ASSESSMENT AMOUNT SHOWN IN THIS PUBLIC REPORT, YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE ENTERING INTO AN AGREEMENT TO PURCHASE. The association may increase or decrease assessments at any time in accordance with the procedure prescribed in the CC&R's. In considering the advisability of a decrease in assessments, care should be taken not to eliminate amounts attributable to reserves for replacement or major maintenance. THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PRE- DICT ACCURATELY AND EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACILITIES AND WITH INCREASES IN THE COST OF LIVING. -4- of 8 pages FILE NO. 40622 Monthly assessments will commence on all lots (1 through 26) on the first of the month after the first assignment of a sublease of a lot. From that time, the subdivider is required to pay the association a monthly assessment for each lot which he owns. The remedies available to the association against owners who are delinquent in the payment of assessments are set forth in the CC&R's. These remedies are available against the subdivider as well as against other owners. The sub- divider has posted a bond in the amount of $23,400.00 as partial security for his obligation to pay assessments on unsold lots. The governing body of the association should assure itself that the subdivider has satisfied his obliga- tions to the association with respect to the payment of assessment before agreeing to a release or exoneration of the security. The subdivider should provide the association a copy of the assessment bond and statement of compliance (RE Form 643) in accordance with the Real Estate Commissioner's Regulation 2792.9(2) . TITLE: Title is vested in Elisabeth E. Stewart as to the fee; and the subdivider Marrakesh Leaseholding Partnership as to the leasehold. RESTRICTIONS: This subdivision will be subject to restrictions recorded on September 26, 1977 as Instrument No.18882 in the Office of the Riverside County Recorder, which include, among other provisions, the following: Each residential lot shall be improved, used and occupied only for private single-family dwelling purposes. Not exceeding two (2) dogs, cats or other usual and ordinary household pets may be kept on any residential lot, provided that such pets shall not be allowed on the common area except as maybe permitted by rules made by the Board of Governors. Except as hereinabove provided, no animals, livestock, birds or poultry shall be brought within the community or kept on any lot thereof. No residential lot shall be used in such manner as to obstruct or interfere with the enjoyment of occupants of other residential lots or annoy them by unreasonable noises or otherwise, nor shall any nuisance, or immoral or illegal activity be committed or permitted to occur on any residential lot. No external antenna for the reception or transmission of radio or television signals shall be erected or maintained on any residential lot or on the common area. No laundry, bedding, garment or other items of like nature shall be hung on any residential lot so as to be visible from another residential lot or from the common area. No signs shall be erected or displayed on any residential lot except house -5- of 8 pages FILE NO. 40622 numbering devices and signs giving notice that the property is for lease, which devices and signs shall be approved as to size, style and location by the architectural committee. ASSESSMENTS: THIS TRACT LIES WITHIN A SPECIAL ASSESSMENT (DISTRICT) WHICH ANNUALLY EXERCISES THE POWER TO LEVY AN "AD VALOREM" TAX OR ASSESSMENT ON THE LAND VALUE ONLY. THE VALUE OF IMPROVEMENTS HAS BEEN EXCLUDED FROM THE TAX. THE CURRENT RATE FOR THE YEAR 1977/78 IS $.366 PER 100 DOLLARS OF LAND VALUE. CONDITIONS OF SALE: If your lease involves financing, a form of deed of trust and note will be used. These documents contain the following provisions: An acceleration clause. This means that if you sell or further encumber the property, the lender may declare the entire unpaid loan balance immediately due and payable. A prepayment penalty. This means that if you wish to pay off your loan in whole or in part before it is due, you may be required to pay an additional amount as a penalty in accordance with the terms of the loan. T A late charge. This means that if you are late in making your monthly loan payment, you may have to pay an additional amount as a penalty. Transfer of the interest to the purchaser will be by sublease. Your rights and responsibilities are governed by the specific terms of such sublease. You should read the entire sublease. The sublease includes the following provisions: You cannot encumber your interest without the written approval of the sub- divider. This consent shall not be withheld as to any encumbrances which are reasonable in relation to the value of your interest, does not bear a rate of interest which is unreasonable in relation to interest rates prevailing as to similar loans and is to be amortized over a period which is reasonable in relation to the expected life of the improvements on the leased premises. If you assign or transfer your sublease you must follow the approved sublease form and pay a transfer fee of $50.00. On July 5, 1979, and at five year intervals thereafter, rent shall be adjusted so as to directly reflect, when compared with the original rent, the percen- tage increase or decrease in the United States Department of Labor Consumer Price Index during the period which has elapsed since commencement of the lease, provided that in no event shall the rent be reduced below the original amount. All buildings and improvements, excluding removable personal property, on the leased premises shall remain on the property after the termination of the lease and shall become the property of the lessor. PURCHASE MONEY HANDLING: The subdivider must impound all funds received from you in an escrow depository until interest contracted for is delivered to you. (Refer to Sections 11013,. 11013.2(a) , Business and Professions Code.) -6- of 8 pages FILE NO. 40622 FILLED GROUND: Some lots will contain fill ground varying to a maximum depth of 3 feet. These soils are to be properly compacted for the intended use under the supervision of a state licensed engineer. SOIL CONDITIONS: An engineering report has been filed which indicates soil is expansive, and included in the report are certain recommendations relative to footings and slabs. Subdivider has certified that he will comply with the recommendations of the engineer, that the purchasers' funds will be impounded ,in escrow, and that no escrows will close until recommendations have been completed. GEOLOGIC CONDITIONS: THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTHQUAKES SHAKING, RAPID EROSION OR SUBSIDENCE. THIS SUBDIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE HAZARDS MAY EXIST. SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT MAY OR MAY NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARATION. PURCHASERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGINEERING GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE-MENTIONED HAZARDS HAVE BEEN CONSIDERED AND IF THERE HAS BEEN ADEQUATE COMPLIANCE WITH CHAPTER 70 OR AN EQUIVALENT OR MORE STRINGENT GRADING ORDIN- ANCE DURING THE CONSTRUCTION OF THIS SUBDIVISION. FLOOD AND DRAINAGE: The Coachella Valley County Water District advises that this tract lies oil the Dead Indian Canyon and Deep Canyon debris cone. This area is protected from stormwater flows by a system of channels and dikes built and maintained by this district. This tract may be considered safe from stormwater flows except in rare instances. FIRE PROTECTION: The Riverside County Department of Fire Protection advises that fire protection will be provided this project from Riverside County Station 33 (Palm Desert) . Two engines can respond from approximately two miles away. SEWAGE DISPOSAL: Lots in this project will be subject to a $4.00 monthly sewerage service charge. ' NOTE: The sewerage service charge may be increased or decreased upon decision of the County of Riverside, as it deems necessary. STREETS AND ROADS: The streets within this subdivision are private. The residential sublease to be used provides that the subdivider will maintain the access road easement and will provide gate control. There is no assurance that such gate.control will be provided. Purchasers will be billed by the subdivider for an equal share of expenses for gate control and road maintenance with each purchaser's share not to exceed 1/400 of the expenses. Based on current costs each purchaser's share would be approximately $9.00 per month. -7- of 8 pages FILE NO. 40622 PUBLIC TRANSPORTATION: Regularly scheduled public transportation service is not available to this subdivision. SCHOOLS: Desert Sands Unified School District advises that the location and distance from the most distant lot in the tract to the nearest schools serving this tract are as follows: George Washington Elementary (K-2) , 45-768 Portola, Palm Desert, 3/4th mile; Abraham Lincoln Intermediate (3-5) , 74-100 Rutledge Way, Palm Desert, 2 miles; Palm Desert Middle (6-8) , 74-100 Rutledge Way, 'Palm Desert, 2 miles; Indio High (9-12) , 81-750 Avenue 46, Indio, 9-1/2 miles. Free bus service is available to the aforementioned schools. NOTE: This school information was provided by the school district prior to issuance of the public report. Purchasers may contact the local school district office for any changes in school assignments, facilities and bus service. SHOPPING FACILITIES: Shopping facilities are approximately one mile from the subdivision in downtown Palm Desert. For further information in regard to this subdivision, you may call (213) 620-2700 or examine the documents at Department of Real Estate, 107 South Broadway, Room 7001, Los Angeles, CA 90012. IMF -8- and last FILE NO. 40622 RECEIVED BEFORE THE n �. 1 p-7 i; DEPARTMENT OF REAL ESTATE ` P i' ' /0 OF THE ENVIRONMENTAL SERVICES STATE OF CALIFORNIA CITY OF PALM DESERT TELEPHONE NO. (213) 620-2700 In the matter of the application of PRELIMINARY SUBDIVISION PUBLIC REPORT MARRAKESH LEASEHOLDING CORPORATION, A Corporation, and MARRAKESH BUILDING FILE N0. 40622 AND COUNTRY CLUB CORPORATION,' A Corporation ISSUED: NOVEMBER 3, 1977 For a Preliminary Subdivision Public Report on EXPIRES: NOVEMBER 2, 1978 TRACT NO. 129 "MARRAKESH NU. 14 RIVERSIDE COUNTY" CALIFORNIA This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This is a Preliminary Subdivision Public Report which permits the taking of reservations to purchase or lease a lot or parcel in this subdivision under the following conditions: (1) such reservations must be subject to the approval of the final public report by the proposed purchaser; (2) any valuable consideration involved must be placed in a neutral escrow depository subject to withdrawal by the proposed purchaser at any time without deductions and an option to cancel his reservation at any time until he approves the final public report; and (3) a copy of the reservation agreement signed by the prospective purchaser and by the subdivider or his agent must be placed in the escrow. This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. INFORMATION REGARDING SCHOOLS CAN BE FOUND ON PAGE SEVEN OF THIS REPORT, Section 35700 of the California Health and Safety Code provides that the practice of discrimination because of race, color, religion, sex, martial status, national origin or ancestry in housing accommodations is against public policy. Under Section 125.6 of the California Business and Professions Code, California real estate licensees are subject to disciplinary action by the Real Estate Commissioner if they make any discrimination, distinction or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion,ancestry or national origin of the prospective buyer. If any prospective buyer or Lessee believes that a licensee is guilty of such conduct, he or she should contact the Department of Real Estate. The Filing of This Subdivision With the Department of Real Estate is Incomplete. Do Not Enter Into a Binding Contract to Purchase Until You Are Furnished a Final Subdivision Public Report. Read the Information on the Following Pages. R/E Form 620 »1» 10/76 , THE FILING OF THIS SUBDIVISION WITH THE DEPARTMENT OF REAL ESTATE IS INCOMPLETE IN THE FOLLOWING RESPECTS: Copies of the recorded map, title report issued subsequent to recordation of map, recorded Declaration of Restrictions, evidence of subordination to Restrictions and financial guarantees have not yet been submitted. The budget for the management association has not yet been approved. An engineer's filled ground and compaction report has not yet been subrOtted. The name of the special assessment district has not yet been submitted. SPECIAL NOTES THIS PROJECT IS A PLANNED DEVELOPMENT, IT INCLUDES COMMON AREAS AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN UNINCORPORATED ASSOCIATION OF LESSEES, THE BOARD OF GOVERNORS HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES`; YOUR CONTROL OF OPERATIONS AND EXPENSES IS LIMITED TO YOUR RIGHT TO VOTE AT MEETINGS""' THE INTEREST TO BE CONVEYED WILL BE A .SUBLEASE OF A 75-YEAR LEASE COMMENCING JULY 6, 1967, AND EXPIRING JULY 5, 2042, BETWEEN ELISABETH E; STEWART AS LESSOR AND JOHN W. DAWSON AS LESSEE; THE INTEREST OF JOHN W. DAWSON HAS BEEN ASSIGNED TO MARRAKESH LEASEHOLDING CORPORATION, WHO WILL SUBLEASE THEIR INTEREST TO MARRAKESH BUILDING AND COUNTRY CLUB CORPORATION, TO BE REASSIGNED TO RESIDENTIAL SUBLESSEES. IN ACCORDANCE WITH REGULATION 2805, TITLE 10, CALIFORNIA ADMINISTRATIVE CODE, THE SUBDIVIDER OR AGENT OF THE SUBDIVIDER WILL DELIVER TO EACH SUBLESSEE A COPY OF THE MASTER LEASE AND ALL MODIFICATION, EXTENSION AND ASSIGNMENTS UPON WHICH THE INTEREST TO BE CONVEYED IS BASED. THE DEVELOPER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE RESTRICTIONS PRIOR TO CLOSE OF ESCROW, THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS,' PRIVILEGES,' USE, OBLIGATIONS,- AND COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT. WARNING: WHEN YOU SELL YOUR LOT TO SOMEONE ELSE, YOU MUST GIVE THAT PERSON A COPY OF THE DECLARATION OF RESTRICTIONS,—IF YOU FORGET -TO-DO ;TH.IS,._ IT...MAY COST YOU -A PENALTY OF $500.06, PLUS ATTORNEY'S FEES,' PLUS DAMAGES. (SEE CIViL CODE SECTION 1360.) -2-of 7 pages FILE N0. 40622 (Preliminary) THE SUBDIVIDER STATED HE WILL FURNISH THE CURRENT BOARD OF OFFICERS OF THE HOMEOWNER ASSOCIATION THE BUILDING PLANS TO INCLUDE DIAGRAMS OF LOCATION OF MAJOR COMPONENTS, UTILITIES AND RELATED DATA. THESE ITEMS WILL BE IMPORTANT TO THE BOARD OF OFFICERS OR THOSE WHO WILL MANAGE OR REPAIR COMMON FACILITIES IN THIS SUBDIVISION. PURCHASE OF A DWELLING UNIT IN THIS PROJECT DOES NOT INCLUDE ANY RIGHTS OR PRIVILEGES IN THE GOLF COURSE OR OTHER FACILITIES OF MARRAKESH COUNTY CLUB, ADJOINING THE MARRAKESH RESIDENTIAL COMMUNITY. SUCH PRIVILEGES MAY BE OBTAINED ONLY THROUGH MEMBERSHIP APPLICATION TO MARRAKESH COUNTY CLUB AND PAYMENT OF THE THEN CURRENT MEMBERSHIP FEE, AND THE PRIVILEGES OF SUCH MEMBERSHIP ARE SUBJECT TO THE PROVISIONS OF THE CLUB'S BYLAWS, RULES AND REGULATIONS AS THE SAME EXIST FROM TIME TO TIME. THE SUBDIVIDER ADVISES THAT MEMBERSHIP IN THE COUNTRY CLUB IS WITHOUT ASSURED TENURE BEYOND ANY PERIOD COVERED BY THE PAYMENT OF ANNUAL DUES; THE AGREEMENT YOU WILL SIGN TO RESERVE A LOT IN THIS SUBDIVISION DOES NOT BIND THE SELLER TO SELL AT PRICES IN EFFECT OR QUOTED TO > YOU AT THE TIME YOU ENTER INTO A RESERVATION AGREEMENT. BY THE TIME THE FINAL SUBDIVISION PUBLIC REPORT IS ISSUED TO THE DEVELOPER THE ACTUAL PURCHASE PRICE MAY INCREASE ON SOME OR ALL THE LOTS IN THIS SUBDIVISION. INTEREST TO BE CONVEYED You will receive a sublease to a specified lot, together with an undivided 1/26th leasehold interest as a tenant in common in the common area Lot 27 together with a non-exclusive easement for access. LOCATION AND SIZE: In the City of Palm Desert. Approximately 5.67 acres divided into 26 residential lots in addition to the common area, which consists .of lot 27, on which community facilities consisting of swimming pool, jacuzzi pool, ramada, and other recreational facilities will be constructed. NO SUBLEASE-PURCHASE ESCROW IN THIS PROJECT 'IS TO. CLOSE UNTIL, (A) ALL COMMON AREAS AND FACILITIES ON LOT 2 OF TRACT 9129 HAVE BEEN COMPLETED AND A NOTICE OF COMPLETION AS DEFINED IN CIVIL CODE SECTION 3093 HAS BEEN RECORDED, COVERING ALL THE FOREGOING AREAS AND FACILITIES. (B) THE. STATUTORY PERIOD FOR MECHANICS LIENS HAS EXPIRED, OR THE PURCHASER IS PROVIDED A POLICY OF TITLE INSURANCE WITH AN ENDORSEMENT INSURING THE PURCHASER AGAINST UNRECORDED MECHANIC LIENS. (C) TITLE TO THE ABOVE MENTIONED COMMON AREA LOTS HAVE BEEN CONVEYED TO THE OWNERS' ASSOCIATION COMPLETED AND FREE OF LIENS. MANAGEMENT AND OPERATION: The Board of Governors manages and operates the common areas in accordance with the Restrictions. -3- of 7 pages FILE NO. 40622 (Preliminary) MAINTENANCE AND OPERATIONAL EXPENSES: The subdivider has submitted a budget for the maintenance and operation of the common areas. You should obtain a copy of this budget from the subdivider. Under this budget, the monthly assessment against each subdivision lot will be $150.00. IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY ASSESSMENT FIGURE WHICH VARIES 10% OR MORE FROM THE ASSESSMENT AMOUNT SHOWN IN THIS PUBLIC REPORT, YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE ENTERING INTO AN AGREEMENT TO PURCHASE. The association may increase or decrease assessments at any time in accordance with the procedure prescribed in the CC&R's. . In considering the advisability of a decrease in assessments, care should be taken not to eliminate amounts attributable to reserves for replacement or major maintenance. THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE OF. ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACILITIES AND WITH INCREASES IN THE COST OF LIVING. Monthly assessments will commence on all lots (I through 26) on the first of the month after the first assignment of a sublease of a lot. From that time, the subdivider is required to pay the association a monthly assessment for each lot which he owns. The remedies available to the association against owners who are delinquent in the payment of assessments are set forth in the CC&R's. These remedies are available against the subdivider as well as against other owners. The subdivider will post a bond as partial security for his obligation to pay these assessments. The giverning body of the association should assure itself that the subdivider has satisfied his obligations to the association with respect to the payment of assessments before agreeing to a release or exoneration of the security. TITLE: Title is vested in Elisabeth E. Stewart as to the fee; and the subdivider Marrakesh Leaseholding Corporation as to the leasehold. RESTRICTIONS: This subdivision will be subject to restrictions to be recorded in the Office of the Riverside County Recorder, which include, among other provisions, the following: Each residential lot shall be improved, used and occupied only for private single-family dwelling purposes. Not exceeding two (2) dogs, cats or other usual and ordinary household pets may be kept on any residential lot, provided that such pets shall not be allowed on the common area except as may be permitted by rules made by the Board of Governors. Except as hereinabove provided, no animals, livestock, birds or poultry shall be brought within the community or kept on any lot thereof. -4- of 7 pages FILE NO. 40622 (Preliminary) No residential lot shall be used in such manner as to obstruct or interfere with the enjoyment of occupants of other residential lots or annoy them by unreasonable noises or otherwise, nor shall any nuisance, or immoral or illegal activity be committed or permitted to occur on any residential lot. No external antenna for the reception or transmission of radio or television signals shall be erected or maintained on any residential lot or on the common area. No laundry, bedding, garment or other items of like nature shall be hung on any residential lot so as to be visible from another residential lot or from the common area. No signs shall be erected or desplayed on any residential lot except house numbering devices and signs giving notice that the property is for sale or for lease, which devices and signs shall be approved as to size, style and location by the architectural committee. TAX ESTIMATES: (For leasehold interests) If the subdivider is unable to give you the current tax information for your property, you may approximate your taxes as follows: TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1976/77 FISCAL YEAR IS $12.514. THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS. FOR, EXAMPLE, ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. NOTE: To calculate your interest, multiply your yearly land lease payment by 12-1/2. ASSESSMENTS: THIS TRACT LIES WITHIN A SPECIAL ASSESSMENT (DISTRICT) WHICH ANNUALLY- EXERCISES THE POWER TO LEVY AN "AD VALOREM" TAX OR ASSESSMENT ON THE LAND VALUE ONLY, THE VALUE OF IMPROVEMENTS HAS BEEN EXCLUDED FROM THE TAX. THE CURRENT RATE FOR THE YEAR 1976/77 IS $.430 PER 100 DOLLARS OF LAND VALUE. CONDITIONS OF SALE: If your lease involves financing, a form of deed of trust and note will be .used. These documents contain the following provisions: An acceleration clause. This means that if you sell or further encumber the property, the lender may declare the entire unpaid loan balance immediately due and payable. A prepayment penalty. This means that if you wish to pay off your loan in whole or in part before it is due, you may be required to pay an additional amount as a penalty in accordance with the terms of the loan. A late charge. This means that if you are late in making your monthly loan payment, you may have to pay an additional amount as a penalty. Transfer of the interest to, the purchaser will be by sublease. Your rights and responsibilit1es are governed by the specific terms of such sublease. You should read the entire sublease. The sublease includes the following provisions: -5- of 7 pages FILE No. W622 (Preliminary) You cannot encumber your interest without the written approval of the subdivider. This consent shall not be withheld as to any encumbrances which are reasonable in relation to the value of your interest, does not bear a rate of interest which, is unreasonable in relation to interest. rates prevailing as to similar loans and is to be amortized over a period which is reasonable in relation to the expected life of the improvements on the leased premises. If you assign or transfer your sublease you must follow the approved sublease form and pay a transfer fee of $50.00. On July 5, 1979, and at five year intervals thereafter, rent shall be adjusted so as to directly reflect, when compared with the original rent, the percentage increase or decrease in the United States Department of Labor Consumer Price Index during the period which has elapsed since commencement of the lease, provided that in no event shall the rent be reduced below the original amount. All buildings and improvements, excluding removable personal property, on the leased premises shall remain on the property after the termination of the lease and shall become the property of the. lessor. RESERVATION MONEY HANDLING; If you reserve a lot, the subdivider must place all funds received from you in a neutral escrow at Coachella Valley Savings and Loan Association, 499 South Palm Canyon Drive, Palm Springs, California, subject to the conditions of the tentative reservation agreement. FILLED GROUND; Some lots will contain fill ground varying to a maximum depth of 3 feet. These soils are to be properly compacted for the intended use under the supervision of a state licensed engineer. SOIL CONDITIONS; An engineering report has been filed which indicates soil is expansive, and included in the report are certain recommendations relative to footings and slabs. Subdivider has certified that he w8711 comply with the recommendations of the engineer, that the purchasers' funds will be impounded in escrow, and that no escrows will close until recommendations have been completed. GEOLOGIC CONDITIONS; THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTH- QIJAKES SHAKING, RAPID EROSION OR SUBSIDENCE. THIS SUBDIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE HAZARDS MAY EXIST. SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT MAY OR MAY NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARATION." PURCHASERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGINEERING GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE-MENTIONED HAZARDS HAVE BEEN CONSIDERED AND IF THERE HAS BEEN ADEQUATE COMPLIANCE WITH CHAPTER 70 OR AN EQUIVALENT OR MORE STRINGENT GRADING ORDINANCE DURING THE CONSTRUCTION OF THIS SUBDIVISION. -6- of 7 pages FILE N0, 40622 (Preliminary) FLOOD AND DRAINAGE: The Coachella Valley County Water District advises that this tract lies on the Dead Indian Canyon and. Deep Canyon debris cone. This area is protected from stormwater flows by a system of channels and dikes built and maintained by this-'district. This tract may be considered safe from stormwater flows except in rare instances. FIRE PROTECTION; The Riverside County Department of Fire Protection advises that fire protection will be provided this project from Riverside County Station 33 (Palm Desert). Two engines can respond from approximately two miles away. STREETS AND ROADS: The streets within this subdivision are private. The residential sublease to be used provides that the subdivider will maintain the access road easement and will provide gate control . There is no assurance that such gate control will be provided. Purchasers will be billed by the subdivider for an equal share of expenses for gate control and road maintenance with each purchaser's share not to exceed 1/400 of the expenses. Based on current costs each purchaser's share would be approximately $8.50 per month. PUBLIC TRANSPORTATION: Regularly scheduled public transportation service is ' not available to .this subdivision. SCHOOLS; Desert Sands Unified School District advises that the location and distance from the most distant lot in the tract to the nearest schools serving this tract are as follows: George Washington Elementary (K-2) , 45-768 Portola, Palm Desert, 3/4th mile; Abraham Lincoln Intermediate (3-5) , 74-100 Rutledge Way, Palm Desert, 2 miles; Palm Desert Middle (6-8) , -74-100 Rutledge Way, Palm Desert, 2 miles; Indio High (9-12) , 81-750 Avenue 46, Indio, 9-1/2 miles. Free bus service is available to the aforementioned schools. NOTE: This school information was provided by the school district prior to issuance of the public report. Purchasers may contact the local school district office for any changes in school assignments, facilities and bus service. SHOPPING FACILITIES: Shopping facilities are approximately one mile from the subdivision. For further information in regard to this subdivision, you may call (213) 620-2700 or examine the documents at Department of Real Estate, 107 South Broadway, Room 7001, Los Angeles, CA 90012. GAR/am -7- and last FILE NO. 40622 (Preliminary) r 2/l/577 TRACT 9129 Revised Condition No. 7 Provide 10 feet of additional right-of-way for storm drain purposes adjacent to Haystack Road, along the full length of the property. Applicant shall contribute $20,979 to the City as his proportionate share of the Master Plan storm drains. CITY of PALM DESERT STAFF REPORT To: Planning Commission Case No. : TRACT 9129 Applicant: MARRAKESH BUILDING & COUNTRY CLUB I. REQUEST: That approval be granted foria 27-lot subdivision for a planned residential development on property in the PR-3 Zone District and located on the south side of Grapevine, west of Portola. This matter was continued from the special Planning Commission meeting of January 25, 1977, at the request of staff and with the concurrence of the applicant. II.. STAFF RECOMMENDATION: That the Planning Commission, by Resolution No..-;?/bi, recommend approval of the Tentative Map to the City Council , subject to conditions. Justification for-this approval is based upon the following facts : 1) The proposed map is consistent with the City's adopted General Plan. 2) The design or improvement of the proposed subdivision as modified by the recommended conditions will be consistent with the General Plan. 3) The site is physically suitable for the type of development proposed. 4) The site is physically suited for the proposed density of the develop- ment. 5) The design of the subdivision as amended by the recommended conditions and the proposed improvements are not likely to cause substantial en- vironmental damage or substantially endanger any wildlife or their habitat. 6) The design of the proposed subdivision and the related improvements are not likely to cause serious health problems. 7) The proposed map conforms to both the Subdivision Ordinance of,the City, and the State Map Act. III. BACKGROUND: A. Tract Size: 5.67 Acres B. Proposed Lots: 27 lots, 26 units C. Zoning: PR-3 D. Adjacent Zoning:. North - R-2-8,000, S.P. South -- PR-3 East West ^- R-�1---12,000 E. Environmental Finding: This project is exempt .from the requirements of CEQA, at it is an on-going project. February 15, 1977 Page One IV. DISCUSSION: This map is the final phase of the Marrakesh development. When all com- pleted, the development will consist of 360 units on approximately 150 acres. These last 26 units are a portion of Tract 6229 which expired be- fore the applicant filed the final map. The main points of discussion on this final phase are: 1. Drainage 2. Screening around perimeter of the project. 3. Provisions for a secondary access 4. Park fee as required by the Palm Desert Municipal Code 5. Other street improvements DRAINAGE: There is a concrete drainage structure proposed along the.westerly property line of the project and also a smaller one along the northerly property line for the length of this phase. The staff feels that-�t�his proposal is not-ac teeptab le an ould'.be redesigned:to c onnect�disrectl.y to Portola Avenue as specified in the conditions. In add_ition, staff believes that such a system cannot be successful .unless some drainage improvements are provided south of the Marrakesh complex .in conformance to the preliminary Master Drainage Plan for the City. This would require the development of a drainage structure along Haystack Road. SCREENING: In order to .adequately screen .this. development from.the traffic on Grape vine and neighboring single-fami.ly.homes, the staff recommends that a five '(5) to six (6) foot decorative masonry wall be installed along Grapevine for the length of this tract. SECONDARY ACCESS: The earlier approvals .of this development included requirements for secondary access at least for emergency situations. The project.,should have - secondary access on Grapevine at the point where Marrakesh Drive meets Amir Drive. This should be a key or card t rated3gate. PARK FEES: Pursuant to Section 26.15-6 of the Palm Desert Municipal Code, the developer is requi.red to dedicate land or pay a fee for parks and recreation purposes. Based upon the formula, the applicant shall be required to pay a fee of ap- proximately $8,900.00. This shall be calculated more precisely by the City Engineer. STREET IMPROVEMENTS: In order to complete the street improvements for the total complex, it is recommended that: - sidewalk be provided on .Portola and Grapevine; - street lighting be provided at the intersection of Portola and Grape- vine, and at the entryway to the complex on Portola. February 15, 1977 Page Two STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF TRANSPORTATION DISTRICT 8, P.O. BOX 231 � SAN BERNARDINO, CALIFORNIA 92403 January 20, 1977 Project Review 08-Riv-111-38.6 Director of Environmental Services City of Palm Desert 45-275 Prickley Pear Lane Palm Desert, CA 92260 Dear Sir: Thank you for the opportunity to review the tentative map for Tract No. 9129 located on the southerly side of Grapevine Street westerly of Marrakesh Drive. Since this proposal is removed from and does not appear to have a significant effect on any existing or proposed State highway we have no comment. Very truly yours, J. E. PEDDY District Director By Proe383-4539 lopment Services Engineer (71 if LCEIVIED JAN 214 I977 ENVIRONMENTAL SERVICES CITY OF PALM DESERT PLANNING COMMISSION RESOLUTION NO. FEBRUARY 15, 1977 CONDITIONS OF APPROVAL CASE NO., TRACT 9129 1. All improvements shall conform with the City's Standard Specifications and the City Engineer. 2. Sidewalk as approved by the City Engineer for the full frontage along Grapevine Street from Portola to the western property line shall be in- stalled and the full frontage of the total Marrakesh project on Portola Avenue. 3. All drainage shall be contained on-site and conducted to Portola Avenue. 4. Connect west side drainage channel to Tamarisk cul-de-sac and make pro- visions to handle water flowing onto property from west in a manner satisfactory to the City Engineer..- Capacity of channel shall conform to preliminary Palm Desert Master Drainage Plan, dated August 1976. 5. Provide a second entrance for use by emergency vehicles and residents in emergency situation. Details shall be satisfactory to the Police Chief, Fire Marshall , and Disaster Preparedness Officer. Manned gates or card system will be considered satisfactory. 6. Install street lighting satisfactory to the City Engineer at Portola Avenue entrance, a sec ion of Grap Av"tte. 7. In tall a 72 i chn ameteorra nuivaldra. nage tructure as ay be appr ved by the 7ty En ine r along Ha stackiRo etween Deep Canyo S�tormwate aKnel an —tt�e wester y edge o the property. 8. Owner shall grant to.the City of.Palm Desert all access rights to Portola Avenue and Grapevine Street except at approved entrances. 9. The conditions of approval of all prior tracts shall be completed prior to occupancy of more than 50% of the dwellings in this tract. 10. All private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. 11. Street names for the proposed subdivision shall be subject to approval by the Director of Environmental Services. 12. A water and sewer system shall- be installed in accordance with the provisions set forth in the Riverside County Health -Department letter dated January 11, 1977, a copy of which is attached. 13. 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 Planning Commission that the total project will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey title. b. Covenants and restrictions to be recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. 14. The approved documents shall be recorded at the same time that the sub- division map is recorded. -1- c du ---- - - - - - ---- - - PROOF OF PUBLICc",ION This spa— 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 .-Ci.ty-__of:__.Pa.11li---[2e.S_eft----------------_------- Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior Case, .No: TT 9129 Court of the County of Riverside, State of California, under date of October 5, 1964, Case Number 83658; i that the notice, of which the annexed is a printed copy, - has been published in each regular and entire issue of -------------------------------- LEGAL NOTICE CASE NO.TT 91" said newspaper and not in any supplement thereof on CITY OF PALM DESERT Notice is hereby given that a Public Hearing wilt be held be- ATENTATIVESUBDIVISIONMAPOF27CONDOMINIUM fore a special meeting of the Palm Desert Planning Commisston the following dates to-wit: LOTSON 5.67 AC THE PR3ZONEDSTRFICT DSITUATED IN to edin the PR3 Subdivision riict lopc of atted con n the South side of of Grapevine between Portola and Desert Lily. G O . STREE ORA PEVIRE E IREET WAY I certify (or declare) under penalty or perjury that the ,ili�•�1 a AMApIBR 8lREE7 ;p====='„-"=-- ' foregoing is true and correct. J�� �; ;;; �/�/ 1 —12 SAID Public Hearing will be held on Tuesday, January 25 Dated:January 10,1977 1977,at 7:00 p.m. In the Council Chambers in the Palm Deserl PAUL A.WILLIAMS,Secretary / Citry Hall,45-275 Prickly Pear Lane, Palm Desert,California,at PALM DESERT PLANNING COMMISSION / ` which time and place all interested persons ore invited 10 attend PDP-1/13t1 and be heard. - - � � 2__- __- Signature Date------------------Jariea �y --—-- 1977-- at Palm Desert, California PROOF OF PUBLICATION } 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE January 27, 1977 APPLICANT MARRAKESH COUNTRY CLUB 47-001 Portola Avenue Palm Desert, California 92260 CASE NO. TT 9129 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of January 25, 1977 XXX CONTINUED TO February 15, 1977 . DENIED APPROVED BY PLANNING COMMISSION RESOLUTION PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services , City of Palm Desert , within fifteen (15) days of the date of the decision. PAUL A, WILLIAMS , Secretary Palm Desert Planning Commission Applicant EW3 t(�XXXO(,X)dXXXA(�V=K )CX Frank Hamerschlag-Hallmark Engineering CVCWD 1007 S'. Palm Canyon Dr. , Suite A - Palm Springs, CA. FROM a ,s.__.__.G.�ca,r�s,__ _.,__ __..w_ . CITY OF PALM DESERT TO___ '" µ 45-275 PRICKLY PEAR LANE P.O. BOX 1648 PALM DESERT, CA.,92260 ENVIRO PHONE 714 346-0611 r �^ r OF PALM p RVICE SUBJECT: E3 I .DATE:— < ..__,_%...v/_1_�.�c�®.e.�.rac�' ?�.._...,_..,.,�.tJe�avo_.�c-sc•y_..__��. v_._._����%�__._...___ ..,___J�%oi?oso_G��_...A��__._.,✓�i_Zf��o��3__._.....TZ�o GB.�!/.�G-�i�-o?ip���C��c�„��IiVG�._.. ____.�G'__..,d �p���.0.,/�_.�✓_�C7��G?,y�iTiatf_✓ ._ "cry _'T.�Fy__Y��jieu�_i il.���._�......__ PLEASE REPLY TO S GN;; ' _.DATE_.._w_ ...._.._._.._SIGNED ,�•�--•,.__„a_._.__._,_..._�_ __.�.,_. SEND GREENTINT AND PINK COPIES WITH CARBONS INTACT. PINK COPY IS RETURNED WITH REPLY. 'S e--- V CcloffL 3 , 4:1:: F 45-275 PRICKLY PEAR LANE PALM DES :.Bj��'', Ini- ---Fead �Actcn File __ 01" TELEPHONE (714) 346-0611 1 'TERN, 1-p.1 TN. . 'Ty January 5, 1977 -,A TO REQUEST FOR CONDITIONS OF AP ROVAIL Project: Subdivision for Marrakesh Case No. : TT 9129 Enclosed please find materials describing a project for which the- following is being requested: Tentative Map 9129 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 and on public resources. Your recommendations and the enclosed maps sent to you should be returned to the Director of Environmental Services, P. 0. Box 1977, Palm Desert, California 92260, no later than the 17th of January, 1977. Non-recei tl I p of- ep -anappfo-vaT Any person wishing to at- -tent the Review Committee hearing should appear at 45-175 Prickly Pear Lane, Palm Desert, at 10:00 a.m. on Wednesday, January 19, 1977. V truly - urs, ML A. WILLIAMS Director irector of Environmental Services City of Palm Desert, California Enclosures (as noted) PAW1mj POST OFFICE DEPARTMENT DATE: REPLY TO ATTN. OF: SUBJECT: P.O. CI:_ TO: s�nrc TNIYH LLI L J Subdivisiot for .4arrakesh-:wail service will be the- same as exists in Marrakesh now (curb side boxes). 45-273 PRICKLY PEAR L%NE, PALLS DESERT, CALIFORNIA 32260 TELEPHONE (714.) 346 -0611 January 5, 1977 IESEpi7A a(l n�;h REQUEST FOR CONDiTIONS OF APPROVAL Project: Subdivision for Marrakesh Case No. : TT 9129 Enclosed please find materials describing a project for which the following is being requested: Tentative Map 9129 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 enviromment and on .public resources. Your recommendations and the enclosed maps sent to you should be returned to the Director of Environmental Services, P. 0. Box 1977, Palm Desert, California 92260, no later than the 17th of January, 1977. Non-receipt of a reply will be considered as an approval . Any person wishing to at- tent the Review Committee hearing should appear at 45-175 Prickly Pear Lane, Palm Desert, at 10:00 a.m. on Wednesday, January 19, 1977. Va truly urs, l AUL A. WILLIAMS Director of Environmental Services City o.f Palm Desert, California Enclosures (as noted) .PAW./mj ' `" 45-275 PRICKLY PEAR LANE', PALMDESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 DATE; January IOz 1977 RE CE I If D JAN 1 71977 LEGAL NOTICE . ENVIRONMENTAL SERVICES CITY of PALM DESERT CITY OF PALM DESERT A TENTATIVE SUBDIVISION MAP OF 27 CONDOMINIUM LOTS ON 5.67 ACRES FOR MARRAKESH AND SITUATED IN THE PR-3 ` ZONE DISTRICT. CASE NO. TT 9129 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before a special meeting of the Palm Desert Planning Commission to consi- der a Tentative Subdivision Map of 27 condominium lots and situated in the PR-3 Zone District, located on the south side of Grapevine between Portola and Desert Lily-. S T R E E T - .•—r„ ,- ;+r,.�„G R A IF V I N F 6.'a kJ �!_I� 1V• ' 'F.. t• _ le ii T_ ' 4 I I tz 1-IS;•'�"=1 EL1� _C_'1�--2 � f 1 I ��L _ ZZ= / .i ii15 Y. STREET -_- ��/ � :� II Its IFh F SAID Public Hearing will be held on Tuesday, January 25, 1977, at 7:00 p.m, in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lanes Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION PUBLISH: Palm Desert Post January 13, 1977 r �U.S.GOSTAGU: � OO:bqo- ,==Tl rrn,� ���®y2o4o JAN 12,77 I� 45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(714) 346-0611 ® Vj W U 1— W co �b 0 Jean \Des urd Z �� 73-70adow Lane, Unit #13 Palm t, CA. 92260 - -z OFiQ W UNDELIVERABLE AS ADDRESSED 0, ' POS1AEE � _,�„ �45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 38.838k°3 « TELEPHONE(714) 346-0611 tu W Ow F. Hicks 73-70 Shadow Lane, #7 {� ^ REr. .-, � � Palm Des t, CA. 92260 ro Fo G. Z w Sfgr �4A � o z 6NDELIVERM, AS ADD RESSEQ W (� K U.S.P0STAGEI;, JA4 12'77 45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 c .ME 1 3 'k ti�' � gt�F� P�.esslsa� Y TELEPHONE(714) 346-0611 W p., Ch les J. Body ci 73-7 Shadow Lane, #12 Palm De . rt, CA. 92260 R ° o0 ND E V iALRLT- A ADDRE,S GO U N T y ESTABLISHED IN 1918 AS A PUBLIC _NCY �fST1i1Gt COACHELLA VALLEY COUNTY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE(714)398-2651 DIRECTORS OFFICERS RAYMOND R. RUMMONDS, PRESIDENT LOWELL O. WEEKS, GENERAL MANAGER-CHIEF ENGINEER GEORGE H. LEACH, VICE PRESIDENT OLE J. NORDLAND, SECRETARY C. J. FROST WALTER R. WRIGHT, AUDITOR TELL IS CODEKAS REDWINE AND SHERRILL, ATTORNEYS WILLIAM B. GARDNER January 10, 1977 File: 0163. 11 RECEIVED JAN 12 1977 Dept. of Environmental Services ENVIRONMENTAL SERVICES City of Palm Desert CITY OF PALM DESERT P. 0. Box 1648 Palm Desert , California 92260 Re: Tract 9129 Sec. 29, T5S, RISE Gentlemen: This area lies on the Dead Indian Canyon and Deep Canyon debris cone. This area is protected from stormwater flows by a system of channels and dikes built and maintained by this District. This area may be considered safe from stormwater flows except in rare instances. The District will furnish domestic water and sanitation service to said area in accordance with the currently prevailing regulations of this District. Very truly yours, Lowe 0. Week General Manager-Chief Engineer KEH:vh cc: Health Dept. 46-209 Oasis St. Indio, California 92201 i RIVERSIDE COUNTY N LAN NING DEPARTMENT 3 � h ¢G " CoUNrr�7 • . PLANNING COMMISSION RIVERSIDE wer s.lxoa f ELMER M.KATZENSTEIN,Chairman,Rubidoux c KAY S.CENICEROS,Hemet JUSTIN BACA,Banning JESS E. LILLIBRIDGE,Corona RUSSELL E.CAMPBELL,Blythe KAY H.OLESEN,Palm Desert MARION V.ASHLEY,Perris A. E. NEWCOMB — PLANNING DIRECTOR 4080 LEMON STREET,9th FLOOR, RIVERSIDE,CALIFORNIA 92501 _ TELEPHONE (714) 787.6181 January 10, 1977 Indio Administrative Center 46-209 Oasis Street, Room 304 KMM:5325DO Indio, California 92201 (714) 342-8277 City of Palm Desert Department of Environmental Service 45-275 Prickly Pear Lane Palm Desert, CA 92260 Attention: Paul A. Williams Re: Tentative Maps 9129 & 9144 Development Plans 01-77 & 02-77 Thank you for the opportunity to review the above mentioned cases. We have no comments at this time. Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTMENT A. E. Newcomb - Planning Director s . K vin M. Manning - Associate Pl#hner KMM:jd cc: Riverside Office File RECEIVE ® jAN 1 1 1977 ENVIRONMENTAL SERVICES CITY OF PALM DESERT PROOF OF PUBLICS JION This spin_Js for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIAl 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 _City _of Palm- Desert Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior Case No . -TT .9129. 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 issue of -- LEGAL NOTICE - CASE NO.TT 9129 said newspaper and not in any supplement thereof on CITY OF PALM DESERT Notice is hereby given that a Public Hearing will be held be- ATENTATIVE SUBDIVISION MAP OF 27 CONDOMINIUM fore ospecial meeting of the Palm Desert Planning Commission the followingdates to-wit: LOTS ON 5.67 ACRES FOR MARRAKESH AND SITUATED IN to consider a Tentative Subdivision Map of 27 condominium lots THE PR-3 ZONE DISTRICT. and situated in the PR-3 Zone District,located an the south side of Grapevine between Portolo and Desert Lily. w ;.a• p IN I ..__..---_----------------1/_1.3./_7_7__.---—__—------—------------------------ � $T k E E T o Y O R A P E V I N E a T R E E T �!:��w=`i ------------------------------------------------------'---------- Lot' AN.I, WAY 1 certify ( ) P perjury or declare under penalty or r u that the TAMARISIC CIS � JSLi� 1\ • 8 11EE 'Y foregoing is true and correct. SAID Public Hearing will be held on Tuesday, Januory 25, Doted:January 111,1977 ' - - 1977, at 7:00 p.m. in the Council Chambers in the Palm Desert PA A.WILLIAMS,Secretary � City Hall,45-275 Prickly Pear Lane, Palm Desert,California,at PALM DESERT PLANNING COMMISSION ' which time and place all interested persons are invited to attend I - PDP-1/13t1 and be heard. Signature Date----------------J aJa�ax 3 — — — 1977___. at Palm Desert, California PROOF OF PUBLICATION 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 January 5, 1977 REQUEST FOR CONDITIONS OF APPROVAL Project: Subdivision for Marrakesh Case No. : TT 9129 Enclosed please find materials describing a project for which the following is being requested: Tentative Map 9129 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 and on public resources. Your recommendations and the enclosed maps sent to you should be returned to the Director of Environmental Services, P. 0. Box 1977, Palm Desert, California 92260, no later than the 17th of January, 1977. Non-receipt of a reply will be considered as an approval. Any person wishing to at- tent the Review Committee hearing should appear at 45-175 Prickly Pear Lane, Palm Desert, at 10:00 a.m. on Wednesday, January 19, 1977. V .-truly urs, A L A. WILLIAMS Director of Environmental Services City of Palm Desert, California Enclosures (as noted) PAW/mj _1- 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 DATE: January 10, 1977 LEGAL NOTICE CITY of PALM DESERT A TENTATIVE SUBDIVISION MAP OF 27 CONDOMINIUM LOTS ON 5.67 ACRES FOR MARRAKESH AND SITUATED IN THE PR-3 ZONE DISTRICT. CASE NO. TT 9129 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before a special meeting of the Palm Desert Planning Commission to consi- der a Tentative Subdivision Map of 27 condominium lots and situated in the PR-3 Zone District, located on the south side of Grapevine between Portola and Desert Lily. W O Y $TR EET GRAPEVINE / K450GN DA STREET a~i Bp�N• JI i ' WAY _ J 1 t J '1d1 \\ MAIAB�TA-- D_B. ISO %1 1, \� TAMARISK STREET n, SAID Public Hearing will be held on Tuesday, January 25, 1977, at 7:00 p.m, in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which- time and place all interested persons are invited to attend and be heard. PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION PUBLISH: Palm Desert Post January 13, 1977 } w, � x 45-275 PRICKLY PEAR LAVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 l DATE: January 10, 1977 LEGAL NOTICE CITY of PALM DESERT A TENTATIVE SUBDIVISION MAP OF 27 CONDOMINIUM LOTS ON 5.67 ACRES FOR MARRAKESH AND SITUATED IN THE PR-3 ZONE DISTRICT. CASE NO. TT 9129 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before a special meeting of the Palm Desert Planning Commission to consi- der a Tentative Subdivision Map of 27 condominium lots and situated in the PR-3 Zone District, located on the south side of Grapevine between Por`rtola and Desert Lily. w - o y - J STFEE_T Stir^"? H sl lia. 1 L µEIAPIP`H_..I 1 ,t _ 1� 4 WAY TAMARISK STREET P4H-1 �I BIZ Ily l SAID Public Hearing will be held on Tuesday, January 25, 1977, at 7:00 p.m, in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION PUBLISH: Palm Desert Post January 13, 1977 CIRCULATION LIST FOR ALL CASES Circulation of Tentative Maps, Parcel Maps, CUP's, GPA' s, etc: : REVIEW COMMITTEE: ® Palm Desert Director of Environmental Services - Paul Williams Palm Desert Director of Building & Safety - Jim Hill 3 Palm Desert City Engineer - Hunter Cook Palm Desert Fire Marshall - Bud Engel Robert P. Brock Office of Road Commissioner and County Surveyor Administration Office Building, Room 313 46-209 Oasis Street Indio, California 92201 (Phone: 347-8511, ext 267) Lloyd Rogers Supervisor - Riverside County Health Department County Administration Building, Room 107 46-209 Oasis Street Indio, California 92201 (Phone: 347-8511, ext 287) �/. Lowell 0. Weeks General Manager - Chief Engineer Coachella Valley County Water District (C.V.C.W.D. ) P. 0. Box 1058 Coachella, California 92236 (Phone: (714) 398-2651) R. E. Deffebach Director - District 8 California Department of Transportation P. 0. Box 231 San Bernardino, California 92403 (Phone: (714) 383-4578) 9. Harry Schmitz 1 Director of Planning and Building City of Indian Wells 45-300 Club Drive Indian Wells, California 92260 (Phone: 345-2831) 10. Gerald Dupree Director of Planning City of Rancho Mirage 69-825 Highway 111 Rancho Mirage, California 92270 (Phone: 328-8871) Kermit Martin _ Southern California Edison Company P. 0. Box 203 Palm Desert, California 92260 (Phone: 346-8660) D. M. Pinkstaff Area Construction Supervisor General Telephone Company 83-793 Avenue 47 Indio, California 92201 (Phone: 347-2711) R. W. Riddell Engineering Department Southern California Gas Company P. 0. Box 2200 Riverside, California 92506 (Phone: 327-8531, ask for Riverside extension 214) Circulation List for All Cases Page Two Roger Harlow Director - Pupil Personnel Service Desert Sands Unified School District 83-049 Avenue 46 Indio, California 92201 (Phone: 347-4071) Jim Langdon Palm Desert Disposal Services , Inc. 36-711 Cathedral Canyon Drive P. 0. Drawer•LL Cathedral City, California 92234 (Phone: 328-2585 or 328-4687) 16. Stanley Sayles President, Palm Desert Community Services District 44-500 Portola Avenue Palm Desert, California 92260 (Phone: 346-6338) 17 Moe Kazem Regional Water Quality Control Board Colorado River Basin Region P. 0. Drawer I Indio, California 92201 (Phone: 347-4011) Harold Horsley Foreman/Mails U. S. Post Office Palm Desert, California 92260 (Phone: 346-3864) Joe Benes Vice President & General Manager - Coachella Valley Television P. 0. Box 368 Palm Desert, California 92260 (Phone: 346-8157) Don McNeely President - Palm Desert Chamber of Commerce P. 0. Box 908 Palm Desert, California 92260 a (Phone: 346-6111) to Roger Streeter Senior Planner Riverside County Planning Commission County Administration Building, Room 304 46-209 Oasis Street Indio, California 92201 (Phone: 347-8511, ext. 277, 278, & 279) James Whitehead Superintendent - District 6 State Parks and Recreation 1350 Front Street, Room 6054 San Diego, California 92101 (Phone: (714) 236-7411) t� ! gr � ii��/s o 71 ca@fin . 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 DATE: January 10, 1977 LEGAL NOTICE CITY of PALM DESERT A TENTATIVE SUBDIVISION MAP OF 27 CONDOMINIUM LOTS ON 5.67 ACRES FOR MARRAKESH AND SITUATED IN THE PR-3 ZONE DISTRICT. CASE NO. TT 9129 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before a special meeting of the Palm Desert Planning Commission to consi- der a Tentative Subdivision Map of 27 condominium lots and situated in the PR-3 Zone District, located on the south side of Grapevine between Portola and Desert Lily. w — 0 � 1r STREET - GRAPEVINE _�T fT- - - 41 l 1 KASB4H'p0. ! Z .a.4 t6' ECM __mil L N.I J I MALABpTA TAMARISK STREET SAID Public Hearing will be held on Tuesday, January 25, 1977, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION PUBLISH: Palm Desert Post January 13, 1977 f EIR FORM #1 CITY OF PALM DESERT NEGATIVE DECLARATION Case No. : TRACT 9129 Applicant : 14ARRAKESH BUILDING AND COUNTRY CLUB 47-001 Portola Avenue Palm Desert, California 92260 Description of Project: Tentative Tract Map fora 26-unit subdivision which will be the final phase of the Marrakesh Country Club project and which will be located south of Grapevine Street and south of Burroweed extended. Finding: Project is exempt from the requirements of CEQA as an on-going project,in that the total project was approved prior to the enactment of the State E.I.R. requirements. Justification: Pursuant to Section 15070� of the.California Administrative Code. 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) January 7; 1977 Date Public Notice Is Posted: January 7, 1977 cc: Applicant Date Appeal Period Expires: County Clerk File January 15, 1977 _ Y�Iletrn �qra PLANNING COMMISSION RESOLUTION NO. 14 A RESOLUTION OF THE PLANN"I.NG COMMISSION OF TIIE CITY OF' PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING AN AMENDMENT OF A VARI- ANCE TO .ALLOW A 100-UNIT PLANNED RESIDENTIAL DEVELOPMENT ON PROPERTY GENEP.ALLY LOCATED WEST OF PORTOLA AVENUE, SOUTH. OF GRAPEVINE STREET, AND, NORTH OF HAYS`I'ACI{ ROAD. CASE NO. VARIANCE-948 WHEREAS, pursuant to the provisions of Section 18. 26 of the Palm Desert Zoning Code, the Planning Commission did on October 14, 1974, hold a duly noticed public hearing to consider the ap- plication of the MARRAKESH BUILDING & COUNTRY CLUB for a variance to allow construction of a 100-unit Planned Residential Development on property located in the R-1-10, OOO Zone and -situated west of Portola Avenue, south of Grapevine Street , and north of Haystack Road and more particularly described as : Tract 6229, and is a portion of the SWn of the NE4 and the NW', of the SE of Section 29, T. 5S. , R. 6E. , S.B.B.&M. WHEREAS, the subject application is exempted with regard to the requirements of the "Palm .Desert Environmental Quality Proce- dure Resolution Number. 74-14" as an on-going project , and; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, the Planning Commission did find that the following facts and reasons do exist to justify the granting of said variance: 1. Special circumstances or conditions are applicable to . the property or intended use that do not apply generally to other properties in the vicinity which are under identical zoning clas- sification, SUCH AS: the nature of the existing portions of the MARRAKESH project. 2. The granting of such variance will not be materially detrimental to the public health, safety, welfare or injurious to the property or improvements in such vicinity and zone in which the property is located, because it complied with the Zoning Or- dinance. 3. The granting of such variance will. not adversely affect the General Plan because the project conforms to the existing land-use designation. f RESOLUTIO14 140. 14 4. The granting of this variance is necessary for the pre•- servation and enjoyment of substantial property rights possessed by other property in the same vicinity and zones which would be denied to the property if the variance was not granted and the project was not permitted to be completed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert , as follows : 1. That the above recitations are true and correct and con- stitute the findings of the commission in this case . 2. That variance is granted subject to .confirmation by the City Council to the MARRAKESH BUILDING & COUNTRY CLUB for reasons subject to following conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Palm Desert Planning Commission held on October 14, 1974, by the following vote, to wit AYES: MULLINS, SEIDLER, VAN DE MARK, WILSON, HUBBARD NOES: NONE ABSENT: NONE ABSTAIN: NONE C. ROBERT HUBBARD, Chairman ATTEST: PAUL A. WILLIAMS, Secretary -2- CONDI`i'IONS OF APPROVAh VARIANCE NO. 948 1. The development of the property shall conform substantially with that as shown on plot plan marked Exhibit "A" Revised on file with City of Palm Desert Variance Case No. 948, in the office of the Planning Division of the Department of Environmental Services, unless otherwise amended by the fol- lowing conditions. 2. Prior to the issuance of a building permit , for any condomin- ium structure, a subdivision shall be recorded conforming substantially with said Exhibit "A" Revised. 3. Prior to the issuance of a building permit for construction of any use contemplated by this approval , the applicant shall first obtain permits and/or clearance from the following pub•- lie agencies: Department of Public Health Road Department Department of Environmental Services Department of fire Protection (Indio) Coachella Valley County Water District State Division of Highways, District Reg. Water Quality Control Board #7 Evidence of said permit or clearance from the above agencies shall be presented to the Planning & Building & Safety Divi- sions of the Department of Environmental Services at the time of the issuance of a building permit for the use contemplated herewith. 4. Street trees shall be planted along Portola and Gravevine road frontages in accordance with Street Tree Planting Ordinance No. 457. 19. A landscaping, grading, lighting, amenities, ` - trash storage, walkway layout , and irrigation plan shall be submitted to the Architectural Review Board for approval prior to issuance of a building or grading permit. The building per- mit when issued shall include the grading, lighting, amenities,. trash storage, walkways , swimming pool -equipment, and irriga- tion systems. No final inspection or occupancy shall be given by the Building Division to this project until the aforemen- tioned approved plans and construction shall have been com- pleted. 5. Construction of the development permitted hereby may be done progressively in stages, provided adequate vehicular access is constructed for all dwelling units and further provided that such stage development conform substantially with the intent and purposes of this approval for the provision of open areas, recreation facilities, and off-street automobile park- ing. 6. Curbs shall be installed on all private streets and drives within the project . Gutters shall be installed on the down- hill side of the street. 7. The sewerage disposal system shall be designed so as to connect to a community-wide trunk line. Plans for their installation shall be submitted to and approved by the Coachella Valley County Water District prior to issuance of a building permit. 8. This approval shall be used within one year after final pro- ceedings before the City Council , otherwise it shall become null and void and of no effect whatsoever. By "use" is meant recordation of a subdivision map and beginning of con- struction of permanent buildings. F e i 1 - Conditions of Approval -2- Variance No. 948 9. As a part of the first phase of development , the applicant shall complete . the landscaping al-ong the full frontage of Portola Avenue and any landscaping shall include the park- way area for the full. frontage of"the subject property on Grapevine Street. 10. The applicant shall extend the existing wall on Porto?-a Ave- nue for the full. frontage of the subject property on Grave- vine Street in a manner acceptable to the Architectural Re- view Board or provide a hedge system for the full frontage of the subject property on Grapevine Street acceptable to . the Architectural Review Board. 4. MARRAKESH HOMEOWNERS AND MEMBERS f� Li • A4 ? - v4)g � ?- 0--o7 .+ MARRAKESH .HOMEOWNERS AND MEMBERS .r 7- 0-c, v 41 ,-�" �fj/vj •����� CX-- -�7 G ����//2L�c.li�-Gc LC�u-Cep e- f7-/0,( A- )RJw-'c`f L �r �•r it i:.�� � /, i �'V._��C;'7 4 -MARRAKESH HOMEOWNERS AND MEMBERS ul ' r 70 i ' l�'d' / �-�-�� LSD D 2 l �. � % -7- 1-15 3 f i / �L Ql a nJ 1721 7,e i4la T ;4h MARRAKESH HOMEOWNERS AND MEMBERS d 7 ti df -Rmh� �. z7 --7�114,�Zl r AfL i 6"y► v5 • MARRAKESH HOMEOWNERS AND. MEMBERS Can / ] iI 7 , �/' 1 ✓ I C. V Y G �'! :1\ `7 'j L �} �'JV�� `�• (�� () ��flr ! MARRAKESH HOMEOWNERS AND MEMBERS -71 ze- 1 r.. l UJ L1 -4Z 75�3c1 flu? � inn. LiJ° MARRAKESH HOMEOWNERS AND MEMBEKS v i '47- T"o -I Is � •a �� .✓.��✓ ,_',cam...----.c/t� c � ` 7-o U I Ic"t .4- e (�4--144. � r 6�r MARRAKESH HOMEOWNERS AND MEMBERS .I i ;i - I 'i 1 i i i i r i i i i i 1 1 I I I I i i I I MARRAKESH HOMEOWNERS AND MEMBERS �a 47 AL7- 14"A /0 47 -/ � � rI �S i 42 N "c t AtlZ4 ll -� 7 ". '7- I-- 1�' T♦1 .M�t.RA \�KNf v 64t-/tic ;�i_.c_�,1�•vs; � MARRAKESH HOMEOWNERS AND MEMBERS r ^ �7 /q o F�L G� - c •t �f r Y7 - / 77 Qle,4 n r CT MAN n ell ' � Lf 1 � 1. �°,� A 7 Palm Desert, CA 92260 May 24, 1977 Hon. Mayor and City Council City of Palm Desert MAY p, ,i 190 3 Marrakesh Building & Country Club Corporation PALM GGSER:ClI liEtLL a Marrakesh Leaseholding Corporation Gentlemen: The undersigned are the owners of the residences located at 47-061 Marrakesh Drive and 47-059 Marrakesh Drive. We understand that as a prerequisite to proceeding with build- ing the last Marrakesh Tract, the City is demanding that the other addressees install drainage ditches which will channel water flow- ing down hill from the south and west of Marrakesh onto Marrakesh Drive. We also understand that these plans contemplate a high curb along the entire northerly boundary of Marrakesh. These actions, if carried out, will most probably result in our houses being flooded. This letter will constitute our formal protest against the contemplated action. Should you proceed with the plans and if we are damaged thereby, we shall hold you all personally liable. You should govern yourselves accordingly. The undersigned as co-owners of the part of Marrakesh Drive within our tract do net consent to any change in the existing curb on Marrakesh Drive and hereby forbid Marrakesh Building and Country Club Corporation from proceeding with any such action. Yours very truly, eg Edmund P . Platt `Honey�Bun Dickerson Y i Y i i Palm Desert,CA 92260 May 24 . 1977 Marrakesh Building & Country Club Corporation . 47001 Portola Avenue Palm Desert, CA 92260 ATTENTION. Mr. 70hn. DaWson Gentlemen: On behalf of all property oWners in. Unit S of Marrakesh, we are writing this letter to protest in advance any action on your part which will result in an increased flow of surface water over the part of Marrakesh Drive within our tract. f We understand that you plan to extend the drainage ditch along the westerly aide of Marrakesh and channel the water so collected down Amir Drive to Marrakesh D i,,e< v7e ralso understanc that you plan to raise the he �tf �,z., � ;M; ,� t w. a # north}7 dnlU'G' Of 3?e'trra�k 31'1 Drives J Yc ```1he. C .Tb adjacent C:ent t o t,,je flow of surface *.pater towardYthethereby properpreventin.g the natural &m from Marrakesh. We object, to this entira:pPlan eand will xPect�to hold , You and the C11ty of Palm Desert liable for any damages resulting i to Owners of property, in Unit S. We specifically do not consent to any alteration of the existing curb along Marrakesh Drive. We do not grant you or anyone aloe permission to alter the existing curb on our property for any such purpose, We are sending a copy of this letter to the Mayor and City Council of Palm Desert so that the City will be apprised of our Position in this matter. i Yours very truly, harry Thoarpson, Brag U.S. Army Army (Reid) . , ViCe Chmn Board of Govearnors, Unit S ; r Edmund P. Plaa�t;'Governor, Unit 5 '' • 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 May 10, 1977 Safeco Title Insurance Co. P. 0. Box 111 Riverside, Ca. 92501 Re: Tract No. 9129 Dear Ms. Riggs: 1 . The subject property is zoned PR-3, which provides for planned residential developments with a maximum average density of 3 dwell- ing units per gross acre. Adjacent property is zoned: North: R-2 8,000 (4) , S.P. (1 du per 4000 sq. ft. of lot area) South: PR-3 East: PR-3 West: R-1 and R=1 40,000 (1 du per lot; 40,000 sq. ft. min. lot size) 2. A copy of the notice filed in compliance with CEQA is attached. 3. A copy of the Council resolution approving the tentative tract map is also enclosed. 4. There are no Geologic Hazard Zones affecting this property. Very truly yours, Paul A. Williams, Director Dept. of Environmental Services Enc. PAW/ks SAFECO TITLE INSURANCE COMPANY SAFECO 3525 14TH STREET, P.O. BOX 111, RIVERSIDE, CALIFORNIA .92501 • (714) 684-1400 - TITLE May 5, 1977 City of Palm Desert Planning Department 45275 Prickly Pear Lane Palm Desert, CA 92260 RE: Tract No. 9129 / City of Palm Desert Gentlemen; We are assisting the subdivider in his application for a Public Report from the California Department of Real Estate on the above referenced subdivision. In order to complete his filing, the following information will be needed from your office: The o� ning of the subject gro erty and of agj accent property, together with a statement of the uses permitted under this zoning. 2. Action taken to comply with CEQA, including a copy of any Neaative Declaration filed. Evi_®des nce,of tentative approval of said subdivision, and any conditions imposed. Statement as to the effect of any Special Studies Zone for Geological Hazards on said property. We have enclosed mapmx3=t a self-addressed envelope for your use in processing this request. Thank you for your assistance in this matter. Very truly yours, Cyn is Riggs Subdivision Department RECEIVED MAY 6 1977 Encls. ENVIRONMENTAL SERVICES CITY OF PALM DESERT MEMBER: AMERICAN LAND TITLE ASSOCIATION • CALWORNIA LAND TITLE ASSOCIATION- EIR FORM #1 CITY OF PALM DESERT NEGATIVE DECLARATION Case No. : TRACT 9129 Applicant : tMRRAKESH BUILDING AND COUNTRY CLUB 47-001 Portola Avenue Palm Desert, California 92260 Description of Project: Tentative Tract Map fora 26-unit subdivision which will be the final phase of the Marrakesh Country Club project and which will be located south of Grapevine Street and south of Burroweed extended. Finding: Project is exempt from the requirements of CEQA as an on-going project in that the total project was approved prior to the enactment of the State E.I.R. requirements. Justification: Pursuant to Section 15070 of the.California Administrative Code. 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's'aid time, this determination shall be final. f Date Filed with Cbunty Cler k (within five days) January 7; 1977 Date Public Notice Is Posted: January 7,- 1977 cc: Applicant ----_._.__ Date Appeal Period Expires: County Clerk File January 15, 1977 Bvlletin 5-gr4 : : k i t City Council Staff Report Case No. TT 9129 March 24, 1977 Page Eight F. SECOND OPENING ON GRAPEVINE STREET: (continued) 4. Analysis - The staff feels that an emergency access to the Marrakesh complex is essential on Grapevine. The applicant apparently does not choose to keep any option for a subsequent future secondary entrance to Marrakesh; therefore, the staff would recommend that even though a card-system entrance was not mandatory but an option for the applicant, to delete the requirement from Condition No; 5. G. SUMMARY: In analyzing the pros and cons of the .objections that the applicant has made to the conditions as recommended by the Planning Commission; and in analyzing the needs of the community for improvements to be made as a part of this final phase of Marrakesh, the proposed Council Resolution suggests several changes to the conditions of approval as recommended by the Planning Commission. . These changes are being recommended on the basis of the fact that the Marrakesh complex is virtually complete and this subdivision represents the final phase or less than 10% of the total project and what .improvements are reasonable to apply to this final phase to guarantee that within reasonable parameters, the development will not adversely.affect the rest of the neighborhood and will be sufficiently protected from innundation. Further, these requirements were based upon the realization that Marrakesh is a part of the community and that the community facilities developed will be utilized by the residents of Marrakesh. The recommendation for revision to the recommended conditions by the Planning Commission are as follows: CONDITION NO. CHANGE 2 Delete 5 Change to read: "Provide a second entrance for use by emergency vehicles and residents in emergency situations. Details shall be satisfactory to the Police Chief, Fire Marshall, and Disaster Preparedness Officer." 7 Change to read: "The applicant shall contribute $20,979 to the City of Palm Desert as his pro- portional share of the public improvements .on Haystack Road south of the Marrakesh project." g Change to read: "Owner shall grant to the City of Palm Desert all access rights to Grapevine Street except at approved entrances or shall provide other access control methods as approved by the City Engineer. City Council Staff Report Case No. TT 9129 March 24, 1977 Page Nine V. APPENDIX: A. Letter from Applicant. B. Planning Commission Resolution No. 216. C. Excerpts from the Planning Commission Meeting of February 15, 1977. MARRAKESH HOMEOWNERS AND MEMBERS 4`7- 336 r / y x -4Z� j 31 7 G; a4zL-e z �I i C% �,. MARRAKESH HOMEOWNERS AND MEMBERS 'Y^7- 3 Q. 731 y7- 3; 19`%e ee r �`,���Y.f� �, ;,'V�l v \ \ill `�'• � . �;...�.N./�-.F;r I �. �-• �7 y / /�-G�v Z GCJ".1�..�.,� � - r _ i -MARRAKESH HOMEOWNERS AND MEMBERS 61 j 6; �� IP-7 21 L 73 - s` t1 � ��t�„ � ad MARRAKESH HOMEOWNERS AND MEMBERS .Z- / Z 14 . I C , ely g )-2) . U AA- i i i i r R ; 45-275 PRICKLY PEAR LAME, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0616 �—_—_— _---- —�----=_= -_ January 5, 1977 q, ✓,q� REQUEST. FOR CONDITIONS OF APPROVAL 1,91>6, O Project: Subdivision for Marrakesh Case No. : TT 9129 Enclosed please find materials describing a project for which the following is being requested: Tentative Map 9129 The attached data was prepardd by the applicant and is being forwarded to you for comments and recommended Conditions of Approval . The Cite -is interested in the probable impacts on the natural environment and ..on public resources. Your recommendations and the ienclos d:;mran sent to you (—,Z u)_d�L"eturneci to the Director of Environmenta—I Services, P. 0. Sox 1977, Palm Desert, California 92260, no later than the 17th of January, 1977„ Non-receipt of a reply will be considered as an approval . Any person wishing to at- tent the Review Committee hearing should appear at 45-175 Prickly Pear Lane, Palm Desert, at 10:00 a.m. on Wednesday, January 19, 1977. V ,• truly urs, E PAUL A. WILLIAMS Director of Environmental Servic m c Fmi s0 (i City of Palm Desert, California Enclosures (as noted) t AR 24 197� PAW/mj ENVIRONtdMU1. SOVICES CITY Of PALM DESERT PROPERTY OWNERS' ASSOCIATION POST OFFICE BOX 1633 PALM DESERT, CALIFORNIA 92260 March 17, 1977 RFICEIVE ® 4 Palm Desert City Council MAR. ';_ �,y,57 Palm Desert, California ft"yl"ONMENTAL SERVICES Gentlemen: clTy 01 E" A-ESERT Those whose signatures appear below are all Marrakesh homeowners, Marrakesh residents, or both. We are deeply concerned at the prospect that the Marrakesh development will .not be completed in accordance with the original Marrakesh Master Plan. That Plan was known to all of us when we bought. It envisioned 364 homes, all with comparable quality, similar appearance and excellent -.landscaping - an attractive, compatible end result. The development as planned and .when completed, without question would have been among the most .attractive in the City of Palm Desert. We all counted on such a result. It now appears that our expectations will not come to pass and that we will all end up as residents of an uncompleted project. This we understand is because the City of Palm Desert is considering imposing such heavy costs for sidewalks, drainage and additional entrances that the developers must abandon the completion of the remaining landscaping and remaining twenty-six houses. This turn of events comes as an unwelcome shock to us, particularly after all that the residents of Marrakesh did in support of. the City 's initial incorporation. As we understand it, the City is considering requiring the Marrakesh developers to do the following: 1. Construct a sidewalk adjacent to the entire easterly boundary of the Marrakesh property along Portola. -2. Construct a sidewalk adjacent to the entire northerly boundary of the Marrakesh property along Grapevine. 3 . Provide an additional entrance to the Marrakesh property for fire equipment. 4 . Install drainage facilities along the westerly and northerly boundaries of Marrakesh so that ground water will all be channeled to leave Marrakesh near the junction of Grapevine and Portola. Cont. . . March 17, 1977 . s Palm Desert City Council Page 2. . . 5. Pay a fee of $20, 979 . 00 for "its share" of a Haystack storm drain. 6. Pay a "Park Fee" of $8,900 .00 In the aggregate, the developers inform us that they estimate these six items will cost them -so much that it is financially imprudent to complete the project. We comment on the City proposals below. 1. The Portola Sidewalk We urge each of you gentlemen on the City Council to take a few minutes and inspect the Marrakesh boundary along Portola. In our view it is unusually attractive. A real asset .to the City. A real asset to Marrakesh residents. The grass, the trees , the shrubs and the wall itself are highly creditable. They conform to the original Master Plan. They were approved as appropriate and.-proper by your predecessors when the Marrakesh development was conceived. Now that an additional tract at a location far removed from Portola is -contemplated, the City is asked by its planning staff to change the rules in the middle of -the game and require a sidewalk -on Portola!- And- to what purpose? - To reduce the present attractive appearance? To provide a place more suitable for an occasional jogger to run up. or down the steep Portola hill? Certainly almost no pedestrians will use it. A sidewalk may make sense in an urban area to provide access to adjacent houses. Here, however, the only thing adjacent is a solid wall. And where do its users start and where end? If sidewalks are necessary why only opposite Marrakesh? There are none in the built up area below and none to the south above.- A Portola Marrakesh sidewalk makes no sense from any standpoint-. Just-unnecessary cost-.- 2. The Grapevine Sidewalk Here again the fence and shrubs accord with the original Master Plan and were approved by your predecessors as appropriate. In our view they are attractive but could be (and we believe would be) improved by further landscaping. Who will benefit by this sidewalk? It is bordered by its full length by a solid -fence. It goes from nowhere to nowhere. Will the residents to the west; where incidentally there is no sidewalk, want to walk east to the desert across Portola? There is no one living to the east who could--walk west! It is impossible for us to see how the "benefits" from this sidewalk in any way match the obvious high cost. The members .of the City Council should particularly consider this. No future -resident of the tract for which a permit is sought will ever use either sidewalk. In one case they are separated from it by an impenetrable fence and hedge, in the other by a quarter of a mile walk and solid masonry wall. These sidewalks have no relationship to the tract in question. The tract residents will receive no benefit from either. When you gentlemen endeavor to reach a fair result in this matter, you must consider whether it is fair for this tract to bear all the costs and receive no benefit. Cont. . . March 17 , 1977 Palm Desert City Council Page 4. . . 5. The Haystack Road Storm Drain The permit requested involves twenty-six houses. It is inconceivable to us how $20,979 . 00 could be allocated fairly to this limited number of houses . Furthermore, this proposed storm drain is outside, not within the proposed subdivision. 6. $8, 900.00 Park Fee Marrakesh itself is a beautiful private park and it is unlikely that any Marrakesh resident will *ever use a Palm Desert public park. If such a Palm Desert City Park be needed, then let the cost be met either by those who will use it or by all Palm Desert City taxpayers. It seems un- fair to us to foist any part of such cost on those who happen to be seeking from the City an unrelated permit at the' time - particularly for a park outside the subdivision and one which will not serve the future inhabitants of that subdivision. In conclusion, may we say that those of us signing this letter are very proud of Marrakesh. We believe it to be a credit to the City, to the area and to ourselves. It will continue to be a credit to us all if it can be finished as originally planned by the developers. It will not be, if it is not. It is our strong belief that the City Council should provide full cooperation to see that the project is completed as planned. Where else -can -the City get private__roads_ with no city maintenance expense, private street lighting at no City cost, no school expense or welfare expense for its residents,- and virtually no crime expense for the city! Completion of this type of community should be encouraged, not penalized. The-undersigned earnestly petition and request the City Council to consider the foregoing and to eliminate from its requirements the costly items adverted- to above. A copy of this letter (and copy of petition) is being sent to each member of . the Council. The original petition is being sent to the mayor. Sincerely yours, MARRAKESH PROPERTY OWNERS ' ASSOCIATION March 17 , 1977 Palm Desert City Council Page 3 . . . 3 . The Additional Entrance One of the qualities of Marrakesh which we, its residents, prize most is its security. We pay for this personally month in and month out by subsidizing the personnel at the one entrance gate, by nightly guard ser- vice and by maintenance of the exterior fencing. All this at no expense to the City for providing police. This self-supplied security is very important to us. We only ask the Members of the City Council that in imposing a requirement which will allow emergency vehicles into Marrakesh, you consider with care that this be done in such a way that our exposure to trespassers will not be increased and our long--term added expense will be minimized. There must be a way to provide us with "fire protection" without materially increasing our "police protection" costs. 4. Drainage The alluvial plain on which Palm Desert lies falls rather steeply from southwest to northeast. Surface water, of course, has always flowed downward to the northeast, passing in part through Marrakesh on the way. ✓ In the recent past houses along the westerly boundary of Marrakesh have been allowed to build walls and drains so as to channel water coming from up the canyon onto the Marrakesh property. It is this water channeled onto Marrakesh land and not Marrakesh generated water that the City now seeks to have routed around Marrakesh at the expense of one tract of Marrakesh to Grapevine and Portola. . Such a requirement is manifestly unfair to Marrakesh and particularly to this particular tract. What is more important to you and us is the legal implication which inevitably follows . We are advised that whoever causes surface water to be unnaturally channeled onto another 's land is legally liable for resultant damage. If water from up the hill is deliberately channeled to the vicinity of Grapevine and Portola, a substantial legal exposure to downstream property owners affected thereby is immediately created. The runoff from the more or less natural flow of the past has been bad. The effect of concentrating all of this at one place will be far worse. Should such action be forced upon the developers by the City, the City itself obviously will become wide open to future lawsuits by those on whom the "rechanneled" water flows. Your legal counsel may wish to consider the case of Steiger v. City 163 Cal. App2 110 in this regard. Whether those responsible for the City 's administration at the time such drainage requirements are imposed, have personal liability should such damage occur, we shall not hazard a guess. We suggest that before imposing this Marrakesh drainage requirements, the City Council would be wise to seek legal advice on the subject. If you do, we are confident that you will be very slow to proceed with the contemplated Marrakesh drainage plan. From the standpoint of the particular tract for which a permit is being sought - this a one way street all expense and no benefit. As we see it, any attempt to deal with this "Palm Desert alluvial plain" drainage problem on a piecemeal property-by-property basis makes no sense. The problem is clearly something which cries out for an extensive overall study by com- petent engineers hired specifically to recommend a sound solution for all of Palm Desert and adjacent communities on a long range basis. Marrakesh should not be made the scapegoat to spend large sums on a piecemeal plan which in all probability will make the situation worse, not better for those "downstream" from Marrakesh. Cont. . . MARRAKESH HOMEOWNERS AND MEMBERS f' 27 � � p A i - n - --1•u�ncv�no�n nvni.v....�....., .z..... ---- - _ v ...� i ' 9vti C o - Y- 17 41, oe 217 ��h,�/. (✓�{-�z-.z.c '-ICJ-c-t�,�r � ��` �`� / �� /I/��•� ( r?- �� 1 nJ MARRAKESH HOMEOWNERS ANN�(D/ MEMBERS /� J na;A7 n ti , f7 5Z93 tLA 7 �� , 4z7- l � L 47`17✓ i MARRAKESH HOMEOWNERS AND MEMBERS N Iff MARRAKESH OMEOWNERS AND MEMBERS t'� or IA Lam✓ J � ('A k,n -4Z 7- 57 3 O MARRAKESH--HOMEOWNERS AND MEMBER v 10 SZ Jam' vX, , 4 fs J Z !� MARRAKESH- HOMEOWNERS AND MEMBERS i �I a � "?� ;I 1 I a I 1 9 i i i I I I i ' ' I i ►, MARRAKESH HOMEOWNERS AND MEMBERS �U At AZ IV- ice gc ` G.��--✓ �' �" �]�� �21�-ems�� v t MHKKAKJ;SH HVl`7LVvvty✓n,� niv✓ •aa-+.•--/---.` '� / s wi � Z 11 � rA i MARRAKESH- HOMEOWNERS AND MEMBERS 44-7 4 _ 1 q o f1L G2 c .t op r yam+ � I 4(7 A ZQ �Ga i -a z-- U � _ i MARRAKESH HOMEOWNERS AND MEMBERS -777 fr 7 1-0 q7 V7- 0,07 fixPA r MARRAKESH HOMEOWNERS AND MEMBERS 4-1 r 1 11 r lr c efyl Y ���...✓ _-'� //SAwiCE%��2[�Cf J A 7-/a.( A �c�� MARRAKESH HOMEOWNERS AND MEMBERS rfK - gk�zfflt-�-T-st -1747- 330 f r k.-, 11,4 � 4Z7 zl/ INN, J -�� 3�3 �'-�7' � �✓ � Ali _ -�1-7 312) Z17- Y LJ �- MARRAKESH HOMEOWNERS AND MEMBERS Q. Y7- 3;o `le A-i A,2 i 1 '.;:`;i l '�1 � � '� � �1_. 11�iMF.�yI/•�-�—'• I L.. � 7 �1-l.�lJZ G(JK.1'»e� �Z f ' i I MARRAKESH HOMEOWNERS AND MEMBERS / U � / 7 MARRAKESH HOMEOWNERS AND MEMBERS I 31, t 7 t II �C/L.</�,/lil��/.�zlL[.C(� y"✓ L-CLyts-�l.C� �3-J�G� C'�r�-.1. �-�. GC I �� l ilt•�'2.(i n a 1 1 I j l/ MRS. HORTENSE BEAVER, 93-939 Coast Boulevard, La Jolla, California, spoke in favor of the amendment of the Fuller/ Hill property. Mayor Mullins asked for input in opposition. MR. PAUL ALLISON, 47 Columbia, Rancho Mirage, California, addressed Council opposing the granting of a temporary use permit to the property owned by Mr. Moller. He stated that it would not be two years before development would appear there. He felt that the CUP should be reviewed annually if granted. Mayor Mullins declared the Public Hearing closed. Mayor Mullins asked the City Clerk to state the facts relating to publication and mailing of notices of the public hearing and to state whether any written communi- cations were received and the general nature of those communications. Mrs. Gilligan reported that legal advertisement of the Joint Public Hearing of the Palm Desert Redevelopment Agency and the Palm Desert City Council was published both in the Palm Desert Post and the Desert Sun on February 17th, 24th, and March 3rd, 1977 - a total of six times. On February 25, 1977, 312 certified letters were mailed to the property owners within the Redevelop- ment Area. The most current list of these property owners was obtained from the Riverside County Tax Assessor' s office. Letters in support of the Fuller/Hill Amendment were received as follows: December 13, 1976 from Mr. & Mrs. Preston Beaver December 14, 1976 from Mr. John Martino December 31, 1976 from Alice Taylor, Secretary of Moyer's Foyer ., On March 4, 1977, a letter was received from Mr. Donald R. Byrne, Attorney for Mrs. Evelyn Olivieri, indicating that his client had sold her property and therefore had no legal interest in this matter. Mr. Byrne supplied the names and addresses of the new property owners and certified letters were mailed to these individuals on March 4th. Mr. Williams pointed out that Ordinance No. 157 would have to be changed in Section 1 to read Exhibit A-1 rather than Exhibit A and an amendment labeled Exhibit B-1 to the text of the Redevelopment Plan to include the wording "Initial approval will be for a two-year period, subject to yearly review thereafter and subject to revocation whenever deemed necessary by the City Planning Commission. Revocation shall occur through a Public Hearing at the annual review. " Councilman Newbrander .moved to waive further reading and pass Ordinance No. 157, as amended, to second reading. Councilman Brush seconded the motion; carried unanimously. Mayor Mullins adjourned the Joint Hearing meeting and recovened the City Council meeting. C. CASE NO. TT 9129 - MARRAKESH BUILDING & COUNTRY CLUB: Con- sideration of A Tentative Tract Map for a 26-Unit Residential Condominium Subdivision Located South of Grapevine Street and East of Burroweed Lane, Extended. Mr. Williams advised that the applicant had requested the hearing be continued to the meeting of March 24, 1977, to allow them to further study the matter before presenting their arguments to Council. March 10, 1977 Page 5 Councilman Seidler moved and Councilman Newbrander seconded to continue the Public Hearing to the City Council meeting of March 24, 1977, as requested by the applicant. Motion carried unanimously. D. ANNEXATION NO. 3 - COOK STREET: Consideration of Ordinance No. 158, Approving the Annexation to the City of Palm Desert of 120 Acres Located West of Cook Street and North of the Sun King Mobilehome Project . Mr. Williams advised that the Local Agency Formation Commis- sion had approved the annexation of this property to the City of Palm Desert. The property has been prezoned as €r° Open Space on the west one-half and Service Industrial , Scenic Preservation Overlay on the east one-half. Staff ' s recommen- dation was to adopt Resolution No. 77-31 which determined that a protest by the owners of one-half of the value of the ter- ritory proposed to be annexed was not made. Staff further recommended that Council pass Ordinance No. 158 to second reading to approve and complete the annexation. Mayor Mullins declared the Public Hearing open and asked for input in favor of the annexation. MR. CHARLES GIBBS, 76-103 Oroville, Rancho Mirage, addressed Council expressing his support of the annexation as one of the property owners. Mayor Mullins requested input in opposition to the annexation and none was offered. The Mayor declared the Hearing closed. Councilman Brush moved and Councilman Seidler seconded to waive further reading and adopt Resolution No. 77-31; carried unanimously. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and pass Ordinance No. 158 to second reading. The motion. carried unanimously. a- VIII . RESOLUTIONS A. RESOLUTION NO. 77-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, EXTENDING THE FRANCHISE PAYMENT FOR A PERIOD OF ONE YEAR PURSUANT TO ORDINANCE NO. 62, RELATIVE TO THE ESTABLISHING OF PROCEDURE FOR THE ISSUANCE OF A NON-EXCLUSIVE LICENSE TO CONSTRUCT, OPERATE, AND MAINTAIN A TELEVISION ANTENNA CABLE SERVICE. Mr. Bouman reported that Ordinance No. 62 called for review of the rate schedule of payment to the City in Furth of 1977 and an increase, if any, to become effective April 1, 1977 . Staff had reviewed the matter and determined that the services being provided by the Coachella Valley Television Company are proper and adequate. Thus, Staff recommended no increase in the 2% of annual gross revenue payment to the City. Resolu- tion No. 77-25 provided for this for an additional year and called for the same type of review in 1978. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-25. Motion carried unanimously. B. RESOLUTION NO. 77-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR THE DESIGN OF CURB AND GUTTER ON VARIOUS STREETS. Mr. Bouman advised that this dealt with the $2 million E.D.A. Grant which had been awarded Palm Desert and later rescinded. At the time the Grant award was announced, we had to enter into three separate agreements totaling $23, 000 in order to meet deadlines established by the E.D.A. for design services. The work was stopped immediately upon notification that the Grant had been rescinded. However, the work completed will not be wasted as we will use it in future development of curb and gutter and drainage systems. r !1n rc•lt 1977 NOTICE OF ACTION BY CITY COUNCIL CITY OF PALM DESERT, STATE OF CALIFORNIA RE: MARRAKESH BUILDING & COUNTRY CLUB TT 9129 ACTION: Approved Denied X Continued •to March 24, 1977 Other REMARKS: Roll Call resulted as follows: Ayes : Noes: Absent: I hereby certify that the foregoing is a full, true and correct copy of an order made and entered on March 10, 1977 Page of City Council Minutes 1 eputy Clerk of the City ouncil in and for the City of Palm Desert, State of California Planning ._.,mmission Resolution No. 216 . subject to fulfillment of the attached conditions of approval. 4. Be it known to the City Council , that in review of the conditions of approval, the Planning Commission reached a deadlock on Condition No. 7, which reads as follows: 1 "7. Provide ten (10) feet of additional right-of-way for storm i drain purposes adjacent to Haystack Road, along the full length of the property. Applicant shall contribute $20,979 to the City of Palm Desert as his proportionate share of the Master Plan storm drains." PASSED, APPROVED, and ADOPTED at the regular meeting of the Palm Desert Planning Commission, held on this 15th day of February, 1977, by the following vote, to wit: AYES: BERKEY, KELLY, READING, WILSON NOES: NONE ABSENT: NONE ABSTAIN: MILLS ROY WI�SOT , CHAIRMAN ATTEST: PAUL A. WILLIAMS , SECRETARY PALM DESERT PLANNING COMMISSION i Planning Commission Resolution No. 216 February 15, 1977 CONDITIONS OF APPROVAL CASE NO. TRACT 9129 1. All improvements shall conform with the City's Standard Specifications and the City Engineer. f2. Sidewalk as approved by the City Engineer for the full frontage along Grapevine Street from Portola Avenue to the western property line shall i__ be installed and the full frontage of.the total Marrakesh project on Portola Avenue. 3. All drainage shall be contained on-site and conducted to Portola Avenue or handled in a manner acceptable to the City Engineer. 4. Connect west side drainage channel to Tamarisk cul-de-sac and make pro- visions to handle water flowing onto property from west in a manner satisfactory to the City Engineer. Capacity of channel shall conform to preliminary Palm Desert Master Drainage Plan, dated August, 1976. 5.. Provide a second entrance for use by emergency vehicles and residents in emergency situation. Details shall be satisfactory to the Police Chief, Fire Marshall , and Disaster Preparedness Officer. Card system will be considered satisfactory. 6. Install street lighting satisfactory to the City Engineer at Portola Avenue entrance. 7. 8. Owner shall grant to the City of Palm Desert all access rights to Portola Avenue and Grapevine Street except at approved entrances, or provide other access control methods as approved by the City Engineer. 9. The conditions of approval of all prior tracts shall be completed prior to occupancy of more than 50% of the dwellings in this tract. 10. All private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. 11. Street names for the proposed subdivision shall be subject to approval by the Director of Environmental Services. 12. A water and sewer system shall be installed in accordance with the pro- visions set forth in the Riverside County Health Department letter dated January 11, 1977, a copy of which is attached. 13. 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 Planning Commission that the total project will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey. title. b. Covenants and restrictions to be recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. 14. The approved documents shall be recorded at the same time that the sub- division map is recorded. x 3 CONDITIONS OF APPROVAL PLANNING COMMISSION TRACT 9129 RESOLUTION NO. 216 15. The home owners association 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 ri the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust provided such deed of trust is made in good faith and for value and is of record prior to the lien of the management company. 16. The subdivider shall provide Schedule A fire protection. The City Fire Marshall 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. Further, all requirements as specified under the Fire Marshall 's memo dated January 12, 1977, attached hereto, shall be met. 27. All requirements of any applicable law, ordinance, or regulation of the State of California, City of Palm Desert, and any other applicable govern- ment entity shall be complied with as a part of construction. 18. Compliance with Article 26.15 of the City's Subdivision Ordinance, the public facilities requirement shall be met by the paying of a fee in an amount determined under the Ordinance provisions. -19. Design review of proposed units and grading plan shall occur prior to issuance of grading permit. t . AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. Date) (Applicant's Signature i , -2- TO: Mr. Paul Williams, Director of Environmental Services City of Palm Desert FROM: Lloyd W. Rogers, R.S., Supervising Sanitarian Riverside County Health Department — Desert District DATE: January 11, 1977 SUBJECT: Tentative Map #9129 The Department of Public Health of Riverside County has received the application filed by Marrakesh for an addition to their planned unit development in the Palm Desert area, South of Grapevine and East of Portola. This Department has no objection the approval of Case # TT 9129 as sewage and water will be provided by the �— Coachella Valley County Water District. LWR:j s I 1 INTEROFFICE MEMORANDUM City of Palm Desert E TO: PAUL WILLIAMS, DIRECTOR OF ENVIRONMENTAL SERVICES FROM: BUD ENGEL, FIRE MARSHAL. SUBJECT: TENTATIVE TRACT NO. 9129 DATE: January 12, 1977 Provide the following fire protection in accordance: 1. Install a water system capable of delivering 1500 GPM fire flow from any fire hydrant for a two-hour duration in addition to domestic supply. The computa tion shall be based upon a minimum of 20 psi residual operating pressure in the supply main from,which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants located at each street inter- section (a) but not greater than 250 feet apart in any direction. rt A. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted orange. B. Curbs shall be painted red 15 feet in either direction from each hydrant. 3. Prior to recordation of the final map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. c 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in Tract No. 9129 is in accordance with the requirements prescribed by the Fire Marshal." Upon approval, the original . plan will be returned to the developer. BUD ENGEL Fire Marshal 7es t REC t F ; i BAN 1 „ IJ77 j ENVI� OF. EN7AL SE C RVICEg 4 Pq� DESERT s k t is : C Minutes Palm Desert Planning Commission February 15, 1977 IV. APPROVAL OF MINUTES (continued) Page 10, 13th paragraph, 2nd line, change "line" to "like".. Page 11, 5th paragraph, .4th line, insert the word "foot" between "square" and "restaurant". Page 11, 10th paragraph, 1st line, change "maim" to "main". i I Page 11, 2nd paragraph from the bottom, first line, change "dues" to "does". Page 12, 10th paragraph, change "visual" to "visible". Page 13, 1st paragraph, add the following to the end of the sentence: "when it reviews the project." Page 13, 2nd and 3rd paragraphs from the bottom, change "Hubbard" to "Berkey". Page. 17, 2nd paragraph, 3rd line, change "decent" to "recent".. A motion of Commissioner Berkey, seconded by Commissioner Mills, to approve the minutes of the Special Planning Commission Meeting of Janu- ary 25, 1977, as corrected, was unanimously carried. V. . : WRITTEN COMMUNICATIONS None 1 i VI. PUBLIC HEARINGS Chairman Wilson asked that it be noted for the record that the Commission had met in a Study Session prior to tonight's meeting for the purpose of asking questions of staff and to look.at the items on the agenda. Further, he stated that no attempt was made to arrive at any decisions. Chairman Wilson then explained the Public Hearing procedures to those present. A. CONTINUED CASE NO. TRACT 9129, MARRAKESH BUILDING & COUNTRY CLUB Commissioner Mills asked to be excused from the discussion on this case due to a possible conflict of interest and left the council chambers. Request for Tentative Tract approval for'a 26-unit residential condo- minium subdivision, the final phase of the Marrakesh project, located south of Grapevine and east of Burroweed, extended. Continued from January 25, 1977. (PR-3 Zone District). Mr. Williams presented the staff report on the case. He outlined concerns for drainage from the project onto Grapevine. He also ; . l discussed potential screening recommendations along Grapevine. Mr. Williams then discussed the recommended conditions of approval with the Commission. } February 15, 1977 Page Two Minutes Palm Desert Planning Commission February 15, 1977 Hunter Cook, City Engineer, explained the engineering principles behind the request for the new drainage facilities along Haystack and adjacent to Grapevine. Chairman Wilson opened the Public Hearing and asked if the applicant was present. 1 { 1 BRIAN JONES, 68-500 Sharpless, Cathedral City, spoke as a represen- tative of Marrakesh. Mr. Jones told the Commission that the tract C was originally approved but lapsed in time. Further, the tract re- presented the last 26 units of a project that was started in 1968. Mr. Jones stated that the .new recommended conditions of approval were excessive and very expensive and were not deemed necessary for Tract 6229. Mr. Jones also stated that Marrakesh had already built a storm channel on the west side of the property. He was also op- posed to the sidewalk on Portola and Grapevine. Further, he felt that, for security purposes, a single entrance was best and that the residents of Marrakesh had agreed with this policy. Mr. Jones also discussed the street light condition and the condition requiring a drain on Haystack. Mr. Jones then requested a waiver of the park fee requirement. He stated that Marrakesh created its own park atmos- phere. JOHN DAWSON, Vice President of Marrakesh, 47-328 Marrakesh, spoke to the Commission regarding his opposition to the requirements for side- walk, the wall on Grapevine, the street lights, the park fee, and new . drainage improvements. FRANK HAMMERSCHLAG, Project Engineer, 555 Roxbury Drive, Palm Springs, spoke to the Commission and stated that he disagreed with the carrying C-71 of water along Grapevine onto Portola. . He stated that he felt that re— construction of the intersection would relieve nuisance water runoff problems. He also stated that Condition No. S regarding access rights `-� to Portola could pose a legal problem since that land had already been turned over to the homeowners association. Chairman Wilson asked if there was anyone present who wished to speak in FAVOR of approval of the project. Being no one, he then asked if there was anyone present wishing to speak in OPPOSITION to approval of the project. JIM GIMIAM, 73-493 Purslane, spoke to the Commission and asked if the pads would be lowered to the original planned level. He stated that dirt removed from Purslane during the flood had increased elevations of the new tract area. Mr. Williams answered Mr. Gimian and stated that the pads had been raised in height but would be carefully reviewed during the Design Review Board Process. Further, the old grading plans would be com- pared to check heights. GEORGE FAWCETT, 73-450 Bursera, spoke to the Commission and asked that they reconsider lowering the original pad elevations because of the height of the units. �-� MARY K. VAN DE MARK, 73-420 Grapevine, spoke to the Commission and stated that she lives just across the street from the drain outlet C ! along the west boundary of Marrakesh and that running water will travel across Grapevine and not turn right. BUD ENGEL, Riverside County Fire Department (Palm Desert City Fire Marshall), spoke to the Commission and stated that the existing crash gate was completely unsatisfactory. Also, he stated that a 16 foot wide hard surface road with a card-system gate would provide an emer- gency exit and allow easier access for emergency vehicles. Further, that 4 to 7 minutes of response time would be saved and that this time was critical during a fire or heart attack call. Page Three Minutes Palm Desert Planning Commission February 15, 1977 JOHN DAWSON spoke in rebuttal and stated he objected to the manned entrance but did agree with a crash gate concept. He replied to the comments on grading by pointing out that the buildings were only 16 feet high and the pads were close to the natural grade. He stated that he felt it was not fair to burden only Marrakesh with resolving the water problem along the west boundary since all of that water was t , coming from other projects to the west and south, not from Marrakesh. PAUL MOLLER, 73-415 Goldflower, spoke to the Commission and stated that LJ a wall along the rear of lots on Salt Cedar which diverted water toward Marrakesh was required as a condition of approval. Chairman Wilson closed the Public Hearing and asked the Commission to take the matter under consideration. Commissioner Berkey had a question pertaining to the old tract (6229) and vested rights. Acting City Attorney Jeff Patterson stated that there were no vested rights, the old map was invalidated. Mr. Williams stated that time limits were intended to allow modification or projects due to changing policies and situations. Commissioner Kelly stated that she was in favor of the condition requiring sidewalk as it was written; that she felt it would be a benefit to the com- munity. Commissioner Berkey stated he would like to see the City Council delete the requirement for sidewalk. Commissioner Reading stated that the sidewalk was just an added expense which would not be justified by the number of residents walking along Portola or Grapevine. City Engineer Hunter Cook stated that the trees would not have to be removed for the installation.of .the sidewalk. Commissioner Reading then stated that if the trees could .be saved, the re- quirement for sidewalk should be left in because it conformed to City policy. Chairman Wilson .felt that the condition should be left in unless the Council decided to delete it. The Commission then held a discussion pertaining to Condition of Approval No. 3 (drainage) and the consensus was. that the condition should remain as written with the addition of the following: "or as handled in a manner satisfactory to the City Engineer." Regarding Condition No. 4, the Commission agreed that the following should be added: "or as acceptable to the. City Engineer." The Commission felt that the differences regarding Condition No. 5 should ? be worked out between the applicant and the City Fire Marshall. Commissioner Berkey- asked that "manned gates or" be-deleted from the condition. The Com- mission concurred. Regarding Condition No. 6, Commissioners. Reading and Berkey felt -that the re- quirement for the light on Grapevine- should be deleted as it. was too far away from-.the project._ Commissioner Kelly felt- that-the .condition should be-left as is. Chairman Wilson stated that there was a need for lighting at Grapevine but that the applicant should not be- responsible for its. -installation.. He then asked that the following be deleted from Condition No. 6: "and at the intersection .of Grapevine Street and Portola Avenue." The Commission concurred. Page -Four Minutes Palm Desert Planning Commission February 15, 1977 The next condition that was discussed was Condition No. 7. Commissioner Kelly stated that she was in favor of the revised Condition No. 7, which reads as follows: 7. Provide 10 feet of additional right-of-way for storm drain purposes adjacent to Haystack Road, along the full length of the property. Applicant shall contribute $20,979 to the City as his proportionate share of the Master Plan storm drains. LJ Commissioner Reading was also in favor of revised Condition No. 7. Chairman . Wilson and Commissioner Berkey were opposed to the revised condition. They both felt that it was too far away to require improvements. There was a short discussion on Condition No. 8, with the consensus that the following should be added: "or provide some other agreement on access control agreeable to the City." Regarding Condition No. 18 (requirement fora park fee), Commissioner Reading was opposed to the condition. Commissioners Berkey and Kelly felt that it was ok as written. Chairman Wilson also felt that the con- dition was ok as written but should be waived by the City Council. Mr. Williams informed the Commission that in case of a deadlock on Condition No. 7, it should be added to the resolution, allowing the City Council to decide. The following subsection 4 was added to the resolution: 4) Be it known to the City Council that in review of the conditions of approval, the Commission reached a dead- lock on Condition No. 7, which is as follows: (see above wording). The Commission also agreed that an additional condition should be added as follows: 19. Design review of proposed units and grading plan shall occur prior to issuance of grading permit. Chairman Wilson again opened the Public Hearing. GEORGE FAWCETT, stated that he felt it would be necessary to review the pad height before it's too costly to change. Chairman Wilson closed the Public Hearing. Commissioner Berkey moved, and Commissioner Reading seconded a motion to adopt Planning Commission Resolution No. 216, as revised. The motion carried 4-0 with Commissioner Mills abstaining. THERE WAS A TEN-MINUTE RECESS 1 B. CASE NO. GPA 01-77, P. MOLLER i r JRequest for an Amendment of the Land-Use Element Map of the Palm Desert General Plan to change the designation from Very Low Density Residential (1-3 dwelling units per acre) to Service Industrial for a 3-acre parcel located on the north side of 44th Avenue, west of Painter's Path, PR-1,H Zone District. Mr. Williams presented the staff report to the Commission which included the request, staff's recommendation that the Planning Commission approve the Amendment and forward a recommendation for approval to the City Council, and a complete background of the request. Page Five PROOF OF PUBLICAI iJN This space..for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIAj 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 City-_--of-_Palm__Desert___--______-------------_____ Riverside, and which newspaper has been adjudged Case No. TT 9129 a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 5, 1964, Case Number 83658; L that the notice, of which the annexed is a printed copy, Lill;� o' has been published in each regular and entire issue of L / said newspaper and not in any supplement thereof on the following dates to-wit: =`O" 2/24 4 Its r \r uko ___----_-----__------------__--_____________ HC>Da V g w II // �j ��•YO Z°Had �'? '���•` _=r dry��`;;``p���� W�� �I I certifyor declare under penalty or perjury that the a =Cu ( ) P tY Pe 1 ry ...-a foregoing is true and correct. z t W V- Et P F N 1 l ' - 2 _'- -Jl____. .O�O Signature ` oo ^= - - -- ----- IL "ate I OCLLSd, WNOWHg'i F•OQQO� iwrro Ee 4 02*� Date - FEHRUARY 2t # ^aEp - - - — - ------ 1971- Zaoa ci LyLa a6-:EN ?`D`L`V . . at Palm Desert, California d H�7Wy = �p uct F� - -J La: ,0 l�1 u 3 L 3,) _ 9 a 1 Qu 1-Z i ��-�v E�a FN '' Dao� 8 CITY of PALM DESERT STAFF REPORT To: Honorable Mayor and Members of the City Council Report On: Consideration of a 26-Unit Condominium Subdivision Applicant: MARRAKESH BUILDING & COUNTRY CLUB CASE NO. : TT 9129 I. CONTENTS: A. Staff Recommendation B. Proposed Council Resolution 77-32 C. Background D. Discussion of Issues and Related Conditions E. Appendix 1. Letter from Applicant 2. Planning Commission Resolution No. 216 3. Planning Commission Minutes - February 15, 1977 (excerpts) II. STAFF RECOMMENDATION: That the City Council, by Resolution 77-32 , approve the proposed Tentative Map, subject to the conditions attached by the Planning Commission as a part of Resolution No. 216 with revisions. Justification for this approval is based upon the following facts: 1. The proposed map is consistent with the City's adopted General Plan. 2. The design or improvement of the proposed subdivision as modified by the recommended conditions will be consistent with the General Plan. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suited for the proposed density of the develop- ment. 5. The design of the subdivision as amended by the recommended conditions and the proposed improvements are not likely to cause substantial en- vironmental damage or substantially endanger any wildlife or their habitat. 6. The design of the proposed subdivision and related improvements are not likely to cause serious health problems. 7. The proposed map conforms to both the Subdivision Ordinance of the City and the State Map Act, as amended. March 24, 1977 Page One :e RESOLUTION 77-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND APPROVING A TEN- TATIVE MAP TO ALLOW FOR THE DEVELOPMENT OF A 26-UNIT PLANNED RESIDENTIAL SUBDIVISION ON 5.67 ACRES LOCATED GENERALLY SOUTH- ERLY OF AND ADJACENT TO GRAPEVINE STREET, WEST OF PORTOLA AVE- NUE. CASE NO. TT 9129 WHEREAS, the Planning Commission of the City of Palm Desert, California, did recommend approval by Planning Commission Resolution No. 216, of an applica- tion from MARRAKESH BUILDING & COUNTRY CLUB for. a Tentative Map for a 26-unit planned residential development on 5.67 acres located in the PR-3 zone district, and situated southerly of and adjacent to Grapevine Street, west of Portola Avenue, and more particularly described as: A portion of the NW 14 of the SE 4 of Section 29 TSS, R6E, S.B.B. . & M. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 77-7", in that the project was initiated prior to the effective date of the California Environmental Quality Act and is therefore considered to be exempt as an on-going project; and, WHEREAS, the Planning Commission did conduct a Public Hearing on the proposed Tentative Map and has recommended by Planning Commission Resolution No. 216, approval of said Tentative Map by the City Council; and, WHEREAS, the City Council has conducted a Public Hearing on the proposed Tentative Map at their regularly scheduled meeting of March 10, 1977, and at the request of the applicant, a continued Public Hearing at their regularly scheduled meeting of March 24, 1977; and, WHEREAS, the City Council, after taking into consideration the comments received from the applicant and other persons in attendance at the Public Hearings, after review of the Tentative Map as submitted, and after reviewing the reports received from the various reviewing agencies did find that the subject Tentative Map should be approved subject to conditions for the following reasons: 1) The proposed map is consistent with the City's adopted General Plan; 2) The design or improvement of the proposed subdivision as modified by the recommended conditions will be consistent with the General Plan; 3) The site is physically suitable for the type of development proposed; -1- Resolution No. 77-32 4) The site is physically suited for the proposed density of the development; 5) The design of the subdivision as amended by the recommended condi- tions and the proposed improvements are not likely to cause substantial environ- mental damage or substantially endanger any wildlife or their habitat; 6) The design of the proposed subdivision and related improvements are not likely to cause serious health problems; 7) The proposed map conforms to both the Subdivision Ordinance of the City of Palm Desert and the State Map Act, as amended. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1) That the above recitations are true and correct and constitute the findings of the Council in this case; 2) That .it does hereby approve the above-described Tentative Map No. 9129, subject to the conditions as specified in Planning Commission Resolution No. 216, with the exception of the deletion of Condition No. 2, the deletion of the last sentence of Condition No. 5, the deletion of the words "Portola Avenue and" from Condition No. 8, and the deletion of the first sentence of Condition I No. 7, and change the last phrase of Condition No. 7 to read: "of the public improvement on Haystack Road south of the Marrakesh project"; 3) That the required neighborhood and community facilities fee required by Condition No. 18 will be utilized to provide Park and Recreation facilities in close proximity to the subdivision within five (5) years of recordation of the Final Map. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council on this 24th day of March, 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: EDWARD D. MULLINS, JR. , MAYOR ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA -2- City Council Staff Report Case No. TT 9192 March 24, 1977 Page Two III. BACKGROUND: A. Tract Size: 5.67 Acres B. Proposed Lots: 27 Lots, 26 Units C. Zoning: PR-3 D. Adjacent Zoning: North - R-2-8,OOO,S.P. South - PR-3 East - PR-3 West - R-1-12,000 E. Environmental Findings: The project is exempt from the requirements of CEQA as it is an on-going project. F. _Compliance to Development Plan: The total Marrakesh project was originally approved by the County as Variance 948. The proposed project represents the ;final phase of the development. IV. DISCUSSION OF ISSUES AND RELATED CONDITIONS: A. INTRODUCTION: The requested subdivision is a final phase of a project in excess of 155 acres totalling more than 360 dwelling units. The concern of both the staff and the Planning Commission in reviewing the final 26-unit phase did not deal totally with the design of the subdivision or the appropriateness of the subdivision; but rather with the fact that a number of improvements should have been considered as a part of the original development but were not required; such as adequate drainage improvements, pedestrian circulation systems adjacent to arterial streets, etc. While everyone acknowledges that Marrakesh is a low-density, high- quality development, the fact remains that it is in the path of the major north/south drainage path of the community and is on one of the only two major north/south arterials in the community. Therefore, the City, in reviewing the final phase of Marrakesh, must look beyond the fact that this is a small segment of a larger, previously-developed project and analyze the major community-wide effects of drainage and pedestrian cir- culation. This approach will, not only benefit the community, but will also benefit the occupants of Marrakesh, particularly in terms of the concerns in the area of drainage. In order to adequately address the real issues with the project, we propose to take them individually and discuss the pros and cons. B. SIDEWALKS: 1. Staff Position - If one looks at the relationship of Marrakesh to the overall community, it faces upon one of the two major north/south streets in the overall community, that being Portola Avenue. Further, with the exception of the Ironwood Development, Marrakesh has the most frontage on Portola. Finally, at ultimate development in the present City limits, it will be virtually in the center of population. With- out a sidewalk, it would act as a barrier between foot traffic on one half of the community to the south and the commercial area and the remainder of the community to the north. Further, in analyzing the City on an east/west direction, Highway 111, E1 Paseo, Grapevine, and Haystack are the major east/west streets on the south side of the community. Any pedestrian system developed would have as a crucial element, the development of a sidewalk on Grapevine Street. The staff believes that as more development occurs throughout the com- munity; and as the volumes increase on both Portola and Grapevine, the need of sidewalk or some form of separate pedestrian system would be necessary on both Grapevine and Portola. Further, no system on the south side of Palm Desert would be successful unless something was City Council Staff Report Case No. TT 9129 March 24, 1977 Page Three B. SIDEWALKS: 1. Staff's Position (continued) developed along the frontage of the Marrakesh project. Therefore, the staff recommended to the Planning Commission that sidewalk be required on the full frontage of the total Marrakesh complex as a part of approval of Tract No. 9129. -2. Planning Commission's Position - The Commission felt that if the existing pine trees along the frontage of the Marrakesh complex on Portola could be preserved and a sidewalk could be installed, they would make such a recommendation to the City Council on the basis that no policy for the total community has yet been developed. The Commission seemed to feel that the Council, as a legislative body, would then weigh the merits of requiring a sidewalk or not, as a part of approving this final phase of the project. 3. The Applicant's Position - In their letter of February 25th, the applicant contends that a sidewalk on Grapevine and Portola would not serve the residents of the proposed subdivision. Further, they indicate that the residents of Marrakesh have indicated that they do not wish to have a sidewalk on either street. They indicated that the pine trees and sprinklers would be severely distrubed on Portola and the oleander hedge on Grapevine that exists would be damaged. Finally, the cost of installing the sidewalk would make the final phase uneconomical and therefore prohibitive. 4. Analysis - In reality, both the applicant and the staff are cor- rect. The staff's feeling that the sidewalk will ultimately be needed on both streets seems reasonable. The applicant's conten- tion that the sidewalk requirement is not appropriate for the re- quested subdivision is also correct. While there is a need for sidewalk, it does not appear reasonable to require it as part of this subdivision. This recommendation is based upon other addi- tional factors which are as follows: a) When for community-wide reasons, the sidewalk becomes essen- tial to be installed, other procedures such as city-funding or assessment districts could be utilized to install the side- walk. b) By previous actions, the Council has determined that other properties north and south of the Marrakesh project should not be required to install sidewalk as a part of development. Thus, a procedure has been established by the Council to not require a sidewalk in this instance. Therefore, it is being recommended as apart of the proposed Coun- cil Resolution that the sidewalk requirement Condition No. 2, be deleted. i City Council. Staff Report Case No. TT. 9129 March 24, 1977 Page Four C. DRAINAGE: 1. Staff's Position - Because of the natural drainage of the City to the northeast, the Marrakesh project is located in the center of the natural drainage course of the community. When the County originally approved the Marrakesh complex, a drainage channel was required along the west side of the Marrakesh complex to collect water draining from an existing subdivision immediately to the west whose streets were on an east/west direction draining towards Marrakesh. It was envisioned that this channel would be of sufficient size to collect the water from the subdivision and for a portion of the property fronting on the north side of Haystack west of the Marrakesh property. It was further assumed by the County that the property to the south of Hay- stack would drain into the Deep Canyon Channel or to Haystack and would be collected there in a major drainage pipe which would then flow towards the Deep Canyon Channel. Further, Marrakesh developers were required to install curb and gutter on the north side of Haystack as a part of previous subdivisions to guarantee that any water south of Haystack would not enter Marrakesh or the proposed drainage cl?anne.l along the west side of the Marrakesh complex. Finally, the County re- quired that the Marrakesh complex conform to the "Master Drainage Plan of 1966"which depicts an additional drainage structure through the Marrakesh complex to relieve both Marrakesh and the channel on the west side of Marrakesh. At this time, the curb does not exist on Haystack and the proposed major drainage structure in Haystack does not exist. In addition, the other drainage structure that was shown in the Marrakesh complex does not exist. Therefore, the channel down the west side of Marra- kesh could conceivably be forced to carry water from the subdivision to the west and all the property .to the south .for which it was not designed. In analyzing the westerly channel, it was envisioned to simply open out onto Grapevine and the water would flow onto Grapevine and eventually drain to Portola. The applicant is this phase is pro- posing to provide for a drainage structure at Grapevine which would turn the water to the east directly onto the street. After acting on the Marrakesh complex, the County in reaction to a problem resulting from drainage down Desert Lily, re-built Grapevine westerly of Marrakesh to increase its capacity and to collect all the water coming down on Desert Lily and move that water ultimately to Portola. Thereby, substantially increasing the drainage-carrying requirement of Grapevine. It is the staff's opinion that if the westerly channel were designed to simply flow onto Grapevine and it was required to carry all the water that could conceivably be generated from the property to the south, including further south of Haystacks it would not function, thereby conceivably damaging the units in Marra- kesh and existing development north of Marrakesh. In order to preclude this, it is essential that some improvement be made on Haystack, i.e. installation of a drainage structure to guarantee that no water south of Haystack would enter this westerly channel. Further, in order to relieve Grapevine, it is considered to be essential that the water flowing in the westerly channel be carried on the Marrakesh property to Portola. 2. Planning Commission's Position - The Planning Commission in reviewing the drainage characteristics of this phase of Marrakesh agreed with staff that the water flowing down the westerly channel should be ; carried on the Marrakesh property to Portola. In analyzing the re- i quirement for installation of a major drainage structure in Haystack, the Commission reviewed an alternative of Marrakesh being required to dedicate an additional ten (10) feet on Haystack and to pay a pro-rated share in the amount of $20,979. They could reach no conclusion on this requirement and Planning Commission Resolution No. 216 shows that there was a deadlock on this requirement. i f� t i City Council Staff Report i Case No. TT 9129 March 24, 1977 Page Five C. DRAINAGE: (continued) i 3. The Applicant's Position - The applicant in their letter of February 25th, does not agree with the staff. They feel that the water coming down the westerly channel should be allowed to drain onto Grapevine and ultimately to Portola. Further, they feel that they should not be required to provide an additional dedication along Haystack on an area which they do not own, or pay a pro-rata share of the possible drainage structure in Haystack. This seems to be based on the fact that a master drainage plan including estimated costs has not been approved by the Council and been in effect for at least thirty (30) days in conformance with the State Map Act. Further, the applicant's engineer, at the Planning Commission Public Hearing, contended that the westerly channel was supposed to drain northerly down Burroweed Lane, not easterly on Grapevine Street. Because of the City's approval of the subdivision. northerly of Grape- vine, this is no longer possible. Thus, they are now forced to drain onto Grapevine Street. Further, the property easterly of the proposed subdivision is no longer under the applicant's control and therefore it is not feasible to require the applicant to make additional drainage improvements within the Marrakesh project easterly of the proposed sub- division. 4. Analysis - With regards to whether Marrakesh should be required to conduct the water generated down the channel westerly of Marrakesh and conduct it to Portola within the Marrakesh property, the staff believes that this is necessary and no real alternative exists if the properties north' of Grapevine are going to be preserved from in- nundation. With regards to the applicant's engineer's contention that the westerly channel was originally supposed to drain northerly on Burroweed Lane, the staff feels that any northerly extension of the potential water would be useless, .because there was no provision for conducting the water northerly of the northerly terminus of Burroweed, except across existing lots. Therefore, it is essential to carry the water as quickly as possible to Portola Avenue where it can more appropriately be handled. Since the Marrakesh project is in the natural course of the storm water and since the proposed phase is at the north of the existing westerly ' . channel, staff believes that it is essential that some off-site improve- ment be made in .order to get -the potential storm water to Portola Avenue. With regards to the applicant's position that the City may not require participation on the installation of the drainage structure in Haystack on the basis that they do not own that frontage and that no master - drainage plan has been adopted by ordinance thirty days prior to this requirement, staff would agree that it is not possible for them to dedicate an additional ten feet of property that they do not own. It is felt that upon development of that Haystack frontage, the City will be able to obtain that additional ten feet; therefore, it should not be a requirement of this subdivision. In addition, the applicant is correct when he states that under the provisions of the Map Act, the City may not require a pro-rated share of a drainage structure unless a master drainage plan designating that structure exists thirty days prior to application of this requirement. However, it is the staff's opinion that this Council has within their perrogative the right to require the construction of public improvements of sufficient size in Haystack to protect the Marrakesh complex. As an alternative to such a requirement, the staff would think the applicant would be!more than willing to participate financially in that structure. :I City Council Staff Report Case No. TT 9192 March 24, 1977 Page Six D. ACCESS RIGHTS: 1. Staff:'s Position - In order to guarantee that openings to major arterials such as Grapevine and Portola are limited to as few as necessary to serve a development, a requirement is normally placed upon developments that access rights adjacent to major arterials be dedicated to the City. Unfortunately, such a requirement was .not made by the County, and has not therefore .occurred on the pre- vious phases of Marrakesh. 2. Planning Commission's Position -. The Commission in review of this matter, agreed with the staff that such a requirement is necessary in order to guarantee that the number of openings on major arterials be limited; and, therefore, by Condition No. 8, required that the applicant grant all access rights to Portola and Grapevine Street for the total development. 3. The Applicant's Position - The applicant contends in his letter of February 25th, that they do not control the frontage beyond the proposed subdivision and do not have the ability to grant the access rights. 4. Analysis - Since the applicant does not have the ability to grant the access rights beyond the proposed subdivision, it appears reason- able that the requirement for limitation of access rights through dedication to the City be limited to the proposed subdivision. The staff feels that through the encroachment permit procedures that ade- quate control exists to guarantee that no further openings to the complex would be allowed unless it is clearly shown that they are essential. Therefore, it is suggested that the words, "Portola Avenue and" be deleted from Condition No. 8. E. NEIGHBORHOOD -AND COMMUNITY PUBLIC FACILITIES: 1. Staff's Position - Pursuant to the City's Subdivision Ordinance, Article 26. 15, the staff recommended to the Planning Commission that the applicant be required to pay a fee on the basis of the market value of 1.2 acres of land within the proposed subdivision for each 100 lots. For this proposed 27-lot subdivision, this would be the market value of 0.44 acres, which is estimated to be $8,900. Since a park is proposed as a part of the General Plan at the corner of Haystack and Portola, staff felt that this money could be utilized for the development of said park which would be useable by the occupants of Marrakesh. The issue regarding the park and recreational fee is the contention by the applicant that the Marrakesh complex provides golf, tennis, and a community center within its development; therefore, its resi- dents would not utilize or gsin any benefit from any parks developed as a result of their paying a fee. In reality, assuming the parks and recreational fee were paid and it was ultimately used for the development of a park at the corner of Haystack and Portola, the facility could be utilized for group recreational activities that are not available in Marrakesh. Further, the location of a park adjacent to Marrakesh would have an indirect benefit to the occupants of Marrakesh from the standpoint of improved aesthetics of this southerly entryway to the Marrakesh complex. It therefore appears reasonable to apply the fee to this subdivision. 2. Planning Commission's Position - The Planning Commission in review of this issue, agreed with the staff that the fee should be paid as a part of this development and did recommend that it be required as a part of Planning Commission Resolution No. 216. City Council Staff Report Case No. TT 9129 March 24, 1977 Page Seven E. NEIGHBORHOOD AND COMMUNITY PUBLIC FACILITIES: (continued) 3. The Applicant's Position - As indicated above, the applicant- con- tends that the fee is unreasonable and in conflict with the Map Act in that park and recreational facilities are provided on the site and any park facilities developed in close proximity to Mar- rakesh would not be utilized by the home owners. 4. Analysis - The assumption that a park facility developed adjacent . to Marrakesh as a result of the fee generated from the final phase of Marrakesh would not be utilized by the occupants, cannot be .demonstrated. The development of a park adjacent to any residential development by a public agency provides, the opportunity for all resi- dents in the nieghborhood to utilize that facility. To conclude that a development, because it provides some recreational ammenities, would not therefore use an immediately adjacent park facility, could only be based upon the assumpticn that similar or the same recreational facilities within the complex would be located on the proposed park .. site which would not be the case. The proposed park site could be . utilized for group activities which are not available within the Marrakesh complex and would -be available to all the residents of Mar- rakesh. Further, even if group activities which were not oriented towards the actual residents of Marrakesh were to be held on this park site, the opportunity would seem to exist to allow the residents of Marrakesh to gain some enjoyment from the park from a spectator standpoint, thereby gaining some benefit from the park site. In con- clusion, it appears reasonable to require the park fee as a part of this subdivision. F. SECOND OPENING ON GRAPEVINE STREET: 1. Staff's Position - The staff, in reviewing previous requirements under Varia:=ce 948 and previous subdivision which encompasses this portion of Marrakesh (known as Tract 6229),, found that a require- ment was placed upon Marrakesh to provide for a secondary opening entrance on. Grapevine.. The requirement was .for emergency access as a minimum and a manned-gate or card-gate system if the applicant chose to put in a secondary entrance. The staff in making recom- mendations to the Planning Commission, simply carried forward this previous condition which was misconstrued by the .applicant from the standpoint of thinking that a manned-gate was mandatory on Grapevine. The intent here is to provide for minimum of emergency police and fire access to the Marrakesh complex from Grapevine. 2. Planning Commission's Position - The Planning Commission in reviewing this issue agreed with staff that an emergency access was of a necessity on Grapevine to provide for adequate coverage from a fire protection/ police protection standpoint of the Marrakesh complex. Further, they agreed with the applicant that a mandatory manned-gate requirement was not -necessary and therefore deleted that requirement. However, they left in the provision giving the applicant the ability to install a card-gate system if they chose to do so and again did not make it man- datory. 3. The Applicant's Position - The applicant in his letter of February 25th, contends that the Planning Commission deleted the requirement for both manned-gate and card-gate systems opening onto Grapevine. He still misconstrues the fact that such a statement in that condition was not mandatory. Further, the Planning Commission did not delete the allowance of the applicant to install a card-gate system if he chose to do so. MINUTES PALM DESERT PLANNING COMMISSION SPECIAL MEETING V. WRITTEN COMMUNICATIONS Mr. Williams stated that the only written communications were those received pertaining to cases on the agenda and these would be dis- cussed at the appropriate times. VI. PUBLIC HEARINGS Chairman Wilson asked that it be noted for the record that the Com- mission had met in a Study Session prior to tonight's meeting for the purpose of asking questions of staff and to look at the items on the agenda. Further, he stated that no attempt. was made to arrive at any decisions. Chairman Wilson then explained the Public Hearing procedures to those present. A. CASE NO. TT 9129, MARRAKESH, APPLICANT Request for approval of a 26-unit, 27-lot subdivision in the PR-3 Zone District, located on the south side of Grapevine, west of Portola Avenue, within the Marrakesh Country Club. Mr. Williams presented the staff report to the Commission. Said report included a description, brief history, and back- ground of the project. Mr. Williams explained that this is the final phase of Marrakesh, which was previously approved as Phase IV of this Tract. Finally, Mr. Williams stated that due to problems with the tract design pertaining to drainage, staff was recommending a continuation of this - Hearing to the Planning Commission meeting of February 15, 1977. Further, Mr. Williams explained that the applicant had concurred with the staff's recommendation for a con- tinuance. 'Chairman Wilson stated that since this was an advertised Public Hearing, the Commission would take any testimony even though the staff's recom- mendation was for a continuance. Chairman Wilson then asked if there was anyone present who wished to speak in FAVOR of the project. Being no one, he then asked if there was anyone present who wished to speak in OPPOSITION to the project. Being no one, Chairman Wilson stated that a motion would be in order. Commissioner Berkey moved that the Planning Commission continue Case No. TRACT 9129 to the Planning Commission meeting of February. 15, 1977. Commissioner Kelly seconded the motion; motion unanimously carried. i. B. CASE NO. DP 02-77, DEEP CANYON LTD. , APPLICANT a t Request for approval of a Development Plan for a 200-unit Planned Residential Development in the PR-5,N Zone District, on 47.5 acres of land located at the southeast corner of 44th Avenue and Deep Canyon Road. y f E f January 25, 1977 Page Two MINUTES PALM DESERT PLANNING COMMISSION SPECIAL MEETING Mr. Williams explained that this was a request for approval to be granted for a 200-unit planned residential development. Mr. Williams then presented the staff report to the Commission. Said report included a description and background of the pro- ject. Highlights of the report included the applicant's pro- d posal to dedicate 4.2 acres of land to the City for a park, the installation of a masonry wall along the full frontage of Deep Canyon Road and 44th Avenue, and the fact that this pro- ject was exempt from the requirements of CEQA as an EIR was o previously prepared for a similar project on the same property 0 in 1972. W Further, Mr. Williams stated that some of the concerns expressed in the staff report were whether or not the project meets the w intent and purpose of the PR zone; also, if .the project meets F the requirements of the Natural Factory Overlay Zone, and third- ly, the requirement of the PR Zone for 50% of the project to be in common open space. Chairman Wilson asked if there were any questions of staff at this time. Being none, Chairman Wilson opened the Public Hearing on Case No. DP 02-77 and asked if the applicant was present. FRANK URRUTIA, Architect for the project, 73-350 El Paseo, spoke to the Commission as a representative of the applicant for this case. Mr. Urrutia stated that after reviewing the conditions of approval for the project, the applicant had no objections. Further, he stated that he felt the project was going to be an asset to the community. Mr. Urrutia spoke briefly regarding the common open " space and the park dedication. Chairman Wilson .asked the Commission if they had any questions of the applicant at this time. Being none, Chairman Wilson asked if there was anyone present wishing to speak in FAVOR of the proposed project. Being g no one, he then asked if there was anyone wishing to speak in OPPOSITION to the project. DENNIS HODGE, 44-555 Deep Canyon Road, spoke to the Commission and stated that he lived on the opposite side of the street as the proposed project and he was concerned with the installation of the masonry wall . Mr. Williams explained that the intent was to have a solid wall and that the conditions of approval required landscaping and sidewalk installation on the exterior of the wall. Mr. Hodge stated that he objected to the installation of the wall . Mr. Williams stated that in reviewing the roads like Deep Canyon and 44th Avenue, which are high traffic volume roads, staff was of the opinion that in order to mitigate noise, they were requesting the installation of the masonry wall . -- There was a brief discussion between Mr. Hodge and Mr. Williams pertaining to traffic volumes and noise levels. Chairman Wilson suggested that Mr. Hodge .come into City Hall and talk to the staff regarding his objections. JIM RICHARDS, 74-470 Abronia Trail , spoke to the Commission as a property owner of property that abuts Deep Canyon Road. Mr. Richards questioned staff regarding the ultimate width of Deep Canyon Road and just how far north the road would be widened. 4 January 25, 1977 Page Three A MINUTES PALM DESERT PLANNING COMMISSION SPECIAL MEETING Mr. Williams explained that the plans were to widen Deep Canyon Road to an ultimate width of 88' along the north side of Highway 111, extending to as far as Magnesia Falls Drive. I There was a short discussion pertaining to traffic volumes on Deep Canyon Road and 44th Avenue. DENNIS HODGE, 44-555 Deep Canyon Road, again spoke to the Com- mission pertaining to the ultimate widening of Deep Canyon Road. Further, he stated that there was a great need for a traffic sig- nal at the intersection of Deep Canyon Road and Highway 111. At this time, Chairman Wilson asked if there was anyone else wishing to speak in OPPOSITION to the project. Being no one, he then asked if the applicant cared to make a rebuttal. Mr. Urrutia answered no. Chairman Wilson then closed the Public Hearing on Case No. DP 02-77 and asked the Commission to take the matter under consideration. Chairman Wilson stated that the Commission had received testimony from neighbors of the project who were objecting to the masonry wall . Further, the Commission must decide if this project truly meets the intent and purpose of the PR Zone and the Natural Factors Overlay Zone. Finally, was the reduction of common open space from 50% to 31% acceptable to the Commission. Commissioner Berkey stated that we have here a date garden that was intended to be preserved as much as possible so it was put in an "N" --' and "PR" zone. He further stated that the Commission had before them a standard subdivision with minimum lot sizes. Also, that the PR Zone was intended to provide for creative and innovative designs; whereas, he did not feel this project met those requirements. Finally, he stated that he would like to see this project go back to the drawing board. Commissioner Kelly stated that she really did not believe that this Z project meets the intent and purpose of the PR zone. Further, she � stated that she was concerned with the preservation of the date groves Q U) and also with the common open space factor. Commissioner Kelly further > expressed her concern regarding .the crowded school situation. z Commissioner Mills stated that he agreed with -Commissioner Berkey that this project should be restudied. Commissioner Reading stated that he too agreed with Commissioner Berkey that this project should be restudied. Chairman Wilson stated that the project looked like a typical subdivision; not something that was creative and innovative. Further, he was concerned with the date grove preservation. Chairman Wilson then stated that he was -� also very much concerned with the fact that the EIR which staff had mentioned in their report was dated in 1972. Also, he stated that it seemed to him that the Commission should take a look at the demographics for the school i population. He stated that he. felt the school district should be contacted to see just what Dlans they had for keeping up with the development in the City of Palm Desert. Mr. Williams then explained that the Commission could continue the matter for a time to allow the applicant to reconsider the project; or the Commission could deny the request; it would depend on how much of a change they were suggesting: January 25, 1977 Page Four MINUTES PALM DESERT PLANNING COMMISSION SPECIAL MEETING Commissioner Berkey moved that the Planning Commission continue the matter to the first meeting in March. He stated that we need some- thing that will .provide adequate open space, preservation of trees, upgrading the innovation , and something that will do justice to the location. I Chairman Wilson re-opened the Public Hearing to take any input from the applicant. CARL MEISTERLIN , 73-261 Highway 111., spoke to the Commission and stated that he was the regional manager for Walker & Lee Real Estate. Further, he had worked closely with the archi- tect and developer for the project and that they had been working on said project for over 5 years. Mr. Meisterlin stated that he disagreed with Commissioner Berkey' s motion for a continuance. He also stated that 4 marketing studies had been completed on the project and that a 5th study was being worked on at this time. He said that these studies definitely showed a need for a family-type project such as this. He then requested that the Commission not vote for a continuance. Chairman Wilson asked Mr.. Meisterlin if this was a timing objection. . Mr. Meisterlin stated that time was a critical factor to the developers; however, they were willing to work with the City oto make sure this gets done right. r--� Chairman Wilson asked if there was any additional rebuttal . Being none, he then closed the Public Hearing and stated that the Commis- sion had a motion before them. He stated that the Commission was -- j not objecting to the concept that there are needs for this type of housing. Further, he stated that he felt if the Commission approved this project, they might be setting a precedent for deviating from the Planned Residential standards and that a more innovative and creative design was needed for this type of subdivision. Commissioner Berkey stated that he too felt this would set a sub- standard precedent if it were approved. Commissioner Kelly seconded Commissioner Berkey's motion for a con- tinuance to the first meeting in. March (March 1, 1977). The motion was unanimously carried. C. CASE NO. TT 9144, DEEP CANYON LTD. , APPLICANT Request for approval of a Tentative Map for a 200-lot subdivision for a Planned Residential Development on 47.5 acres of land in the PR-5,N Zone District and located at the southeast corner of Deep Canyon Road and 44th Avenue. Mr. Williams stated that due to the Commission's prior action on the Development Plan (DP 02-77) for this Tract, staff was recommending a continuance of this matter to the first meeting in March; if it was agreeable with_ the applicant. Chairman Wilson asked if the applicant would like to come forth and discuss staff's recommendation for a continuance. January 25, 1977 Page Five 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 Date: February 18, 1977 LEGAL NOTICE CITY of PALM DESERT A TENTATIVE SUBDIVISION MAP OF 27 CONDOMINIUM LOTS ON 5.67 ACRES FOR MARRAKESH AND SITUATED IN THE PR- 3 ZONE DISTRICT. CASE .NO. TT 9129 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before a meeting of the Palm Desert City Council to consider a Tentative Subdivision Map of 27- condominium lots and situated -in .the PR-3 Zone District, located on .the south side of Grapevine between Portola and Desert Lily. w '�cni!.c;IH o �r ST ttECT GRAPEVINE __-_-_____ 'r IiL _ £ ET n — 11c_ SITE PP�p�H. rl J; l (� 1 • �r��fC KCM4 H�fig` ```, n by mm r Ii lla tH.11 O)1. -� u J' S TAP ARlS Y. 5TREET SAID Public Hearing will be held on Thursday, March 10, 1977, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA PUBLISH: Palm Desert Post February 24, 1977 PLANNING COMMISSION RESOLUTION No. 216 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE MAP TO ALLOW A 27-UNIT PLANNED RESIDENTIAL DEVELOPMENT BY THE MARRAKESH BUILDING AND COUNTRY CLUB ON 5.67 ACRES OF LAND, GENERALLY LOCATED SOUTHERLY OF GRAPEVINE STREET, . AND WESTERLY OF PORTOLA AVENUE. CASE NO. TRACT 9129 WHEREAS, the Planning Commission of the City of Palm Desert, California, did receive a verified application from MARRAKESH BUILDING AND COUNTRY CLUB, re- questing approval of a Tentative Map for a 27-unit planned residential development on 5.67 acres of land, located in the PR-3 Zone District and situated west of Portola Avenue and south of Grapevine Street, more particularly described as: A Portion of the NW 4 of the SE 4 of Section 29 T5S, R6E, S.B.B. & M. WHEREAS; said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 74-14" , in that the project was initiated prior to the effective date of the California r Environmental Quality Act and is therefore considered to be exempt as an on- I . going project; and, WHEREAS, the Planning Commission did take into consideration the Ten- tative 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 Subdivision Ordinance and the State of California Subdivision Map Act, as amended; and, WHEREAS, the proposed subdivision complied with the approved development plan on the property known as Variance 948; and, WHEREAS, the Planning Commission did find that the subject Tentative Map does comply with the adopted General Plan NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. The Planning Commission is recommending that the City Council require compliance to Article 26.15 of the City's Subdivision Ordinance by the payment of a fee as specified by recommended Condition No. 18; 3. That it does hereby recommend approval to the City Council of the City of Palm Desert, California, of the above described Tentative Map No. 9129, t , Planning Commission Resolution No. 216 subject to fulfillment of the attached conditions of approval. f 4. Be it known to the City Council , that in review of the conditions of approval , the Planning. Commission reached a deadlock on Condition No. 7, which reads as follows: "7. Provide ten (10) feet of additional right-of-way for storm r drain purposes adjacent to Haystack Road, along the full length of the property. Applicant shall contribute $20,979 to the City of Palm Desert as his proportionate share of the Master Plan storm drains. " i PASSED., APPROVED, and ADOPTED at the regular meeting of the Palm Desert Planning Commission, held on this 15th day of February, 1977, by the following vote, to wit: AYES: BERKEY, KELLY, READING, WILSON NOES: NONE ABSENT: NONE ABSTAIN: MILLS S. ROY WILSON, CHAIRMAN ATTEST: PAUL A. WILLIAMS, SECRETARY j PALM DESERT PLANNING COMMISSION i i G I i P =T i Planning Comrgies.ien Resolution No. 215 February 15, 1977 CONDITIONS OF APPROVAL CASE NO. TRACT 9129 1. All improvements shall conform with the City's Standard Specifications and the City Engineer. Q ) Sidewalk as approved by the City Engineer for the full frontage along Grapevine Street from Portola Avenue to the western property line shall be installed and the full frontage of the total Marrakesh project on Portola Avenue. All drainage shall be contained on-site and conducted to Portola =/ Avenue or handled in a manner acceptable to the City Engineer. 4. Connect west side drainage channel to Tamarisk cul-de-sac and make pro- visions to handle water flowing onto property from west in a manner satisfactory to the City Engineer. Capacity of channel shall conform to preliminary Palm Desert Master Drainage Plan, dated August, 1976. Provide a second entrance for use by emergency vehicles and residents in emergency situation. Details shall be satisfactory to the Police Chief, Fire Marshall , and Disaster Preparedness Officer. nn aTRR_ card system will be considered satisfactory. 6. Install street lighting satisfactory to the City Engineer at Portola Avenue entrance. 7. 8. Owner shall grant to the City of Palm Desert all access rights to Portola Avenue and Grapevine Street except at approved entrances, or provide other access control methods as approved by the City Engineer. 9. The conditions of approval of all prior tracts shall be completed prior to occupancy of more than 50% of the dwellings in this tract. 10. All private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. 11. Street names for the proposed subdivision shall be subject to approval by the Director of Environmental Services. 12. A water and sewer system shall be installed in accordance with the pro- visions set forth in the Riverside County Health Department letter dated January 11, 1977, a copy of which is attached. 13. 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 Planning Commission that the total project will be developed and maintained in accordance with the intent and purposes of the approval : a. The document to convey title. b. Covenants and restrictions to be recorded. c. Manac :-.:_nt and maintenance agreement to be entered into with the owners of the units of the project. 14. The approved documents shall be recorded at the same time that the sub- di vi si ors i :,p is recorded. CONDITIONS OF APPROVAL PLANNING COMMISSION TRACT 9129 RESOLUTTGN NO. 216 15. The home owners association 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 management company. 16. The subdivider shall provide Schedule A fire protection. The City Fire Marshall 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. Further, all requirements as specified under the Fire Marshall ' s memo dated January 12, 1977, attached hereto, shall be met. 17. All requirements of any applicable law, ordinance, or regulation of the State of California, City of Palm Desert, and any other applicable govern- ment entity shall be complied with as a part of construction. 18. Compliance with Article 26. 15 of the City's Subdivision Ordinance, the public facilities requirement shall be-met by the paying of a fee in an amount determined.under the Ordinance provisions. 19. Design review of proposed units and grading plan shall occur prior to issuance of .grading permit. Y AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. Date (Applicant's Signature -2- TO: Mr. Paul Williams, Director of Environmental Services City of Palm Desert FROM: Lloyd W. Rogers, R.S. , Supervising Sanitarian Riverside County Health Department - Desert District DATE: January 11, 1977 SUBJECT: Tentative Map #9129 The Department of Public Health of Riverside County has received the application filed by Marrakesh for an addition to their planned unit development in the Palm Desert area, South of Grapevine and East of Portola. This Department has no objection the approval of Case # TT 9129 as sewage and water will be provided by the Coachella Valley County Water District. LWR:js 4 i I` Z INTEROFFICE MEMORANDUM = City of Palm Desert ' ok � TO: PAUL WILLIAMS, DIRECTOR OF ENVIRONMENTAL SERVICES j FROM: BUD ENGEL, FIRE MARSHAL i SUBJECT: TENTATIVE TRACT NO. 9129 DATE: January 12, 1977 Provide the following fire protection in accordance: 1. Install a water system capable of delivering 1500 GPM fire flow from any fire hydrant for a two-hour duration in addition to domestic supply. The computa- tion shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. C { 2. Install Riverside County super fire hydrants located at each street inter- section (a) but not greater than 250 feet apart in any direction. A. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted orange. B. Curbs shall be painted red 15 feet in either direction from each hydrant. i FM 3. Prior to recordation of the final map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in Tract No. 9129 is in accordance with the requirements prescribed by the Fire Marshal." Upon approval, the original plan will be returned to the developer. BUD ENGEL Fire Marshal jes RECEIVED BAN 1 i97i ENVIRONMENTAL SERVICES CITY OF PALM DESERT ,r It { CITY of PALM DESERT i i STAFF REPORT a To: Honorable Mayor and Members of the City Council Report On: Proposed Subdivision Consisting of 26 Condominium Units on Property Located in the PR-3 Zone District Case No, : TT 9129 Applicant: MARRAKESH BUILDING & COUNTRY CLUB i I. CONTENTS: A. Staff Recommendation B. Letter from Applicant C. Planning Commission Resolution No. 216 D. Planning Commission Minutes of February 15, 1977 (excerpts) II. STAFF RECOMMENDATION: By Minute Motion, continue the Public Hearing to the City Council Meeting of March 24, 1977, as requested by the applicant. March 10, 1977 POST OFFICE BOX 1143 PALM DESERT. CALIFORNIA 92260 February 25 , 1977 RECEIVED . FED 2 81977 Director of Environmental Services ENVIRONMENTAL SERVICES City of Palm Desert CITY OF PALM DESERT 45-275 Prickly Pear Lane Palm Desert, California 92260 Re: Case # - Tract 9129 Dear Sir: This letter is to appeal certain conditions as approved by Planning Commission Resolution #216 at its meeting on February 15 , 1977. The conditions appealed are: (2) The suggested sidewalk would not .serve the residents in the proposed subdivision. The property owners in the Marrakesh project have indicated they do not wish a sidewalk on either Portola or Grapevine. Our pine trees and sprinklers would be severely disturbed on Portola and the oleander hedge on Grapevine would be damaged. The cost of installing this off site improvement on the final phase of Marrakesh is uneconomical and prohibitive. (3) The city engineer has suggested that we be responsible for containing water from other areas (not our own) and retain them on our property at the west end and carry this drainage from the .west end of our property -".along . Grapevine and deposit it on Portola. Our plan calls for depositing this water (not ours) on Grapevine as was planned on the original ten= tative map. We propose that condition #3 be reworded as follows: Marrakesh will continue to retain all nuisance drainage (including normal rainfall) , which originates on Marrakesh streets and golf course and contain this water on site and conduct it to the steel culvert approximately 100 feet west of Portola. When the curbs and gutters are installed on the two story apartment buildings .on Grapevine and Portola, .the previous problems will be alleviates: (5) It is our understanding that the words "manned gates or card system will be considered satisfactory" were to be deleted and that a concrete driveway access from Grapevine to Amir Drive through the crash gate was to be acceptable. A second major entrance for residential use is not desired by our property owners, is contrary to the Master Plan, and creates un- necessary expense and security problems. (8) This condition requests all access rights to the city on Portola and Grapevine. The subdivision map act, article- 3 (dedications) #66476 in- dicates that direct access rights may be required (from any property shown on a 1 inal or parcel map as abutting thereon) . In other words , we can only grant direct access on Grapevine where the proposed tract abuts at Grapevine. Cont. . . . 4 i POST OFFICE BOX 1143 PALM DESERT. CALIFORNIA 92260 February 25, 1977 Director of Environmental Services Page 2. . . . (18) A park fee of approximately $8,900.00 has been requested. The sub- division map act, article 3 (dedications) #66477 indicates that a i dedication of land or payment of fees may be required provided that (c) "the land fees or combination thereof are to be used only for the purpose of providing park or recreational facilities to serve the subdivision, (e) "the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision" . Marrakesh itself has created a park within its walls with a golf facility, _�....e.®mmon areas and swimming and therapy pools for the recreation of its residents. The private streets within Marrakesh are used by its residents for walking and exercise. This is another reason why sidewalks are not needed. (7) (Planning Commision deadlock) The applicant cannot provide for addi- tional right of way because we do not own the property on which the right of way is requested. The subdivision map act, article 3 (dedications) #66475 -dedication ;nay be required if the land is within the subdivision the applicant is requested to pay $20,979 .00 into a master plan storm drain fund. The subdivision map act, article 5 (fees) #66483 - the pro- posed storm drain must be set by ordinance which has been in effect for a period of at least 30 days prior to the filing of a tentative map. The ordinance must refer to particular drainage containing an estimate of the total cost of construction and a map of the area showing you the location of the facilities. It has not been called to our attention that the above referenced condition exists on the proposed storm drain. We feel that the above conditions should be deleted or altered as we have indicated. The city planners have proposed excessive conditions on a tract on which a tentative map had already been filed and have economically burdened the final phase of 26 condominiums with these conditions to the point that it is not feasible to complete our project. Due to the complexity and importance of our request we ask for a continuance on Resolution #216 which has been .scheduled for the City Council meeting on March 10, 1977. We beleive that further .study .sessions are needed here so that we may arrive at some mutual understanding. 6 l MA BUILDING CORPORATION C ohn on, Executive Vice President Brian M. Jones, President I CC: Palm Desert City Council t E E r PLANNIN_ COMMISSION RESOLUTION NO. 216 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS. FINDINGS AND E RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE { MAP. TO ALLOW A 27-UNIT PLANNED RESIDENTIAL DEVELOPMENT BY THE MARRAKESH BUILDING AND COUNTRY CLUB ON 5.67 ACRES OF LAND, GENERALLY LOCATED SOUTHERLY OF GRAPEVINE STREET, i AND WESTERLY OF PORTOLA AVENUE. CASE NO. TRACT 9129 L J WHEREAS, the Planning Commission of the City of Palm Desert, California, did receive a verified application from MARRAKESH BUILDING AND COUNTRY CLUB, re- questing approval of a Tentative Map for a 27-unit planned residential development on 5.67 acres of land, located in the PR-3 Zone District and situated west of Portola Avenue and south of Grapevine Street, more particularly described as: A Portion of the NW 4 of the SE 4 of Section 29 T5S, R6E, S.B.B. & M. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 74-14" , in that the project was initiated prior to the effective date of the California i Environmental Quality Act and is therefore considered to be exempt as an on `—' going project; and, WHEREAS, the Planning Commission did take into consideration the Ten- tative 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 Subdivision Ordinance and the State of California Subdivision Map Act, as amended; and, WHEREAS, the proposed subdivision complied with the approved development plan on the property known as Variance 948; and, WHEREAS, the Planning Commission did find that the subject Tentative Map does comply with the adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of-Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission. in this case; = t 2. The Planning Commission is recommending that the City Council require compliance to Article 26. 15 of the City's Subdivision Ordinance by the payment of a fee as specified by recommended Condition No. 18; - 3. That it does hereby recommend approval to the City Council of the City of Palm Desert, ',Cal" fornia, -Df-the above described Tentative Map No. 9129, _1 r l Page Two City of Palm Desert Supplemental Application Form TENTATIVE SUBDIVISION MAP qi!2-01 . CHECK ITEMS TENTATIVE SUBDIVISION MAP CHECK LIST NEEDED _ i The following information shall be delineated on the tentative map except those items determined by the City Staff as not being pertinent to a par- ticular tract: 1. Tract number, title of map, and section description of property; 2. name and address of owner and subdivider; 3. name and address of person preparing map; 4. approximate acreage and over-all dimensions; 5. north point, scale and date; minimum scale 1" - 100' ; 6. subdivision boundary line and vicinity map; 7. names and book and page numbers of adjoining subdivisions; 8. names, locations and widths of adjacent streets; 9. identifying landmarks and existing structures, both above . and below ground; 10. names, locations and widths of proposed streets; 11. approximate grades of proposed and existing streets; 12. streets and rights-of-way providing legal access to the property; 13. excavations within 200 feet of the subdivision; 14. approximate radii of curves; 15. widths of alleys and easements; 16. names of utility companies and location of existing and proposed public utilities; 17. elevations of sewer at proposed main connections; 18. existing culverts and drain pipes; 19. water courses and charnels including existing and proposed facilities for control of storm waters; 20. land subject to overflow, innudation or flood hazard. 4r Page Three City of Palm Desert Supplemental Application Form TENTATIVE SUBDIVISION MAP CHECK ITEMS SUBDIVISION MAP CHECK LIST NEEDED 21. railroads and other rights-of-way; 22. lands and parks to be dedicated to public use; 23. dimension of reservations; 24. proposed lot lines and approximate dimensions; 25. adjoining property and lot lines; 26. setback lines from front streets and side streets (if adjustments are requested) ; 27. contours, with maximum interval as follows: Slope Interval (percent) Tin feet) 0 - 2 2 3 - 9 5 l0 plus 10 Copies of U.S.G.S. maps are not acceptable. 28. existing use of property immediately surrounding tract; 29. proposed land use of property immediately surrounding tract; 30. source of water supply; 31. method of sewage disposal ; 32. existing zoning and proposed zoning; 33. name of school district and boundary if within two (2) districts; 34. names of any special districts serving the proposed subdivision and location of boundary if within area of tentative map; 35. if it is contemplated that the development will proceed by units, the boundaries of such units shall be shown; 36. two cross sections of the property at the mid-points. Page Four City of Palm Desert Supplemental Application Form TENTATIVE SUBDIVISION MAP Supplemental Information Reports and written statements on the following matters shall accompany the tentative map unless waived in writing: 1. . Subdivision building or development plan; 2. proposed method of control of storm water; including data as to grade and dimensions; 3. protective covenants proposed to be recorded; 4. if private streets are proposed, the method by which their maintenance will be accomplished and financed; 5. proposed tree planting; 6. a written statement from the City Health Officer stating the type of sewage disposal that will be permitted. To aid in this determination, the City Health Officer may require soil percolation tests or other pertinent information. 7. Proposed landscaping and -irrigation. 8. Preliminary soils report and grading plan. Required Materials .to be Submitted 1. A completed Applicat',an io 2. Thirty (30) c .pies (folded IIZ" .x 13") f the Tentative Subdivision Map and an unfolded s 3. Required fee. 4. Property-owners list showing .all property -owners within 300 feet of the property under consideration. i CITY OF PALM DESERT, CALIFORNIA N? 00974 TREASURER'S RECEIPT DATE: 7 AMOUNT: $ 5 1-7 CEIVED FROM: M�``U-.a l L O W O Q � W F DISTRIBUTION Q W IN PAYMENT OF: -- - ACCOUNT AMOUNT > < 77— (?/�� �j-2/0 w z d $ J f< z 7 FIL 0.F Z.0 a W W U W w < m 0 N 0 < O W F- z O Z �a 'RECEIVED BY: TOTAL 1 10.70 20M , ; '1 I ,-� a ,.� •.. �• -. : / //T ✓'/ . .') J )�? / r r pp , c./�. . .,. . .. ��L /. /v �'3� .�cc�J, LLn � !• / i Pool 66, e5 ; GO Q Q ---51.6 Wall 49 9 I ✓-''' 7) 5' q v , _ I 4 - ) JE e /� - �'� W 3 Lrr UNO iT' 4 `� 33' NI c Tee _ ' Z AM/R 5 /NARRAI�S Q k ' s 15 JF E OR/vE CA N/T /LIAR''` d _ , v�c� y a n0 COl y �� s _ � .. ter mac— h - I • I DisrR�Cs sERY/NG cT . 9iz9 i24 �� TFYA NO ----- Ei97 SANOS UY/F/ED SCHOOL CDACHELLA VALLEY W117ER ._.__ •� PALIV DESERT REDEI/ELOPE/MIENT 17 AGENCY I - - �S, M , F Jf —4- __1/ 18 14 .I 1 ; N I O /9 S,=770,V CO/1/C.[/NEp Gy7CXI 35V, OM'f ? �V• n 1 i _ 3 / YP/CA L _SECT/ON \ 4 3 ,q A.C.ft119T. AM/R DR. we r �'M/n. 32' . Conc.Curb TYPICAL SECT/ON 00,. ..;� ► �' v •, roof to t JJ X• 1/ J - ...a. -...".. ,;t. ::f ,,..7" ., u a 3E'-. ,r .:. , .ice,:. : .. ,,:. , � • ' :. ,.-, .% .,_ `. °7 '$ _. _. .y.a...,.. r. ..:.,.. .., s .. C<,. s ... .:,,._ .. s ..... S„',"r E.:'-. S ..3 .. ,r. f . 4•. v-Ya..:•i J{ *f" r... x ::e4:.+.4 .......h.^^5• :a3. •. ....:.s. ?. s //� / ".z_.... ,,,. :. .,,. - .�51' G.-� = , .-, ., _ mow,.°:.-.--• . .. , . , .,r,_ y t .q, Y t , ., , .... ♦ M I �- -... ,... ..t 4.90.1 / \ ti - - - - d 34,25' S4•z5' 29,2 1 � { ConG. Q i /916 /N THE' C/7`Y OF PALM DESERT ' 4 ems. p 0 TjENTA 7*/V� 4f )Wo4P l ,4.7 TRA C T NO. .9.12 � inerr �azz9--e) 71;? . W-1 54E SEC. 29 T53 R6E S. B.B'0A?. ` ; � �, ! 3 3 _v IL 8 /ij.DO 1 — - SG. HALLMARK ENGINEER/NG INC. &ARRAKESH BUILDING 1007 SO PAL Ail CANYON PRII/E ANO COUNTRY CUUB ALL OT/L/T/ES AND SER1//C'ES AYA/LABL E THE S/TE ORII/E I , PALM SPRINGS CAL 1FOF�/1//�l P0. BOX //43 (UNDERGROUND) F SUITE A 92262 PAZX DESERT, CAL/FD)1?&1A WATER AND 5EW6175 = C. V. c �1!D. k f EL ECTi7/C - NO1161mgER /9�G �� ZONE - A- / TELEPHONE - G.T• E. * LAN© USE - LOW DENSITY /-?ES/DENT/AL -}-ter j� A CITY OF C / !P/CAL CO/VODyI�/II/1/0 Z0ry PALM DESERT /'ROf'OSED USE' S/NGL E FA/!�I/L Y ES/ E /�l Lg PALM DESERT - DEPARTMENT U / r /^ /� �f/N C A/ e p ENVIRONMENTAL /VDE� V�7n/�1/ V C. E NO. .140/ SERVICES A/I/IENDE'D EXHIBIT • - NO. ,AR`EA 567 14C174E5 LOTS - 27 INCLUDING ` STRE`TS - f R/1/A TL COMMON AREA ........... Is, Cr N N) A\ ' 4- z z If A N 4 q'� s L ;711 41 ............. < _41 4L -3 77�1 < mm �y .............) A7.4 -7 01 7 Z/7 3 �j ........... .......... -7 --MARK f ................. 7 A— C 4') 4 .. ........ f ............... r IT ......................... 6 1100 --3 J,' % 4 Li 10 24 /0 'o L .000/22 Pv -bo 7—' rj 4 e 40 'k 4 e� )o _41 f up 3 .. ... .. ... ---------— 9—* v 4A IN , THE CITY OF PALM DESERT L -2 -C A, C .......... %) - -TENTATIVE MAP PORTIONS OF SW NE 6 NW-L SE J- SECTION 2%co 4 OV4 4 lag Al� T5 S R6E SBBaM fCIVIL ENGINEER COUNTRY CLUB BY : FRANK HAMERSCHLAG FOR : MARRAKESH BUILDING AND e13 577 E. SUNNY DUNES ROAD PO. BOX 114 3 PALM SPRINGS CALIFORNIA PALM DESERT, CALIFORNI 4 4 2_�4 Zc A 11N_ 4j LOW DENSITY RESIDENTIAL If L ire .q d. PROPOSED USE— SINGLE FAMILY RESIDENTIAL UNDER u VARIANCE CASE 948 (RIV CO. )% 'a AMENDMENT (PALM DESERT ct 3 (;j n AREA ALL UTILITIES AND SERVICES AVAILABLE THE ACRES 27 M�,V7 60)' SITE ( UNDERGROUND ) STREETS PRIVATE 7 117,V LOTS. 104 ( INCL. COMMON AREAS v WATER AND SEWERS CVC-W D. ELECTRIC S.C.E. 71117- "y GAS S.C. G. -AL TELEPHONE G.TE. `7 �L-39 4 5 rERN A E�W L 5)UR VEYS SCALE 50' R1 VERSID E -CONTOUR I�Ell/rURA INTERVAL �DESERT ,PALM '24-74 DATE OF PHOTO GRAPHY 7 T mmwm� amg= A& AA "b V A '17 ------- ------- ------- �4 jo: 7 77, 0 iz 115 . ) 1, , �z v,_ 76 �A t pac/ 4� If ......... 394 ro '17 0— ------- 171 :7,5 7/ 7 c 3 - 74 /o, _ZT7 ------- "000r Iva /oll 0 lit' Z' .00 L'4 F 7- A 24 f 7 4' /110� 44 r 1o, OF da t ................ VOL ---------- A -J' .4 dm 4 o/ d IN THE CITY OF PALM DESERT A o1v I TATIVE MAP IA1 y r NE 6 NW SE SECTION 29 P �RTIONS OF SW4 4 4 4 S. B. B 6M T5 S R6E By FRA CIVIL ENGINEER FOR : MARRAKESH BUILDING AND COUNTRY CLUB SUNNY DUNES ROAD PO. 1143 577 E.: ,BOX PA L M! SPRINGS , CALIFORNIA P LM DESERT, CALIFORNIA nab— LOW DENSITY RESIDENTIAL L-L "PROPOSED USE— SINGLE FAMILY RESIDENTIAL UNDER f cc VARIANCE CASE 948 ( RIV CO. ) a AMENDMENT ( PALM DESERT ALL UTILITIES AND SERVICES AVAILABLE @ THE AREA 27-f ACRES SITE ( UNDERGROUND ) STREETS PRIVATE 7-y�;l WATER AND SEWERS cvc.w D. LOTS 10 4 INCL. COMMON AREAS ) ell, 7 ELECTRIC S.C.E. T GAS 17,1 S.C. TELEPHONE G.T E. >�j 1c W TERN ERIAL SUR ES VEYS SCALE I" = 50' RIVERSIDE VENTURA CONTOUR INTERVAL I ' PALM DESERT 7 -74 DATE OF PHOTOGRAPHY -24 76,