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HomeMy WebLinkAboutTT 9144-2 FRED WARING DRIVE HIDDEN PALMS 1979 .uI CITY PALM DESERT 45-275 PRICKLY PEAR PALM DESERT GA.922C0(714)L4B-0611 APP. NO. DEPARTMENT OF ENVIRONMENTAL SERVICES DATE REC. PLANNING DIVISION/ (DO NOT WRITE/N THIS SPACE) APPLICANT (Please prin, (NAIA E) 4 . ��i � (Mailing address) (Telephone) State (Zip-Code) Request:(describe specific �nature /of approval requested) �� e 7 4/j~ � Property Description: /�'' //ice / // //&1l/1 7� 6-7^ Assessor s Parcel /? /31 Exisiin Zoning a G��4So-dc�/2J3J � �J7 J � 1S . Existing Gen. Plan Designation C.lY�G f�zQ� /• /7 .� [ Property Owner Authorization: The undersigned states that they are the owner(s) of the property described herein and hereby give authorization for the filing of this application. X Z- Signature`, Date Agreement Absolving the City of Palm Desert of all liabilities relative to any Deed Restrictions. ' I DO BY MY SIGNATURE ON. THIS AGREEN6NT, ,obsolve the City of Palm Desert of all liabilities regarding any deed restrictions that may be applicable to the property described herein. Signature Date Applicants Signature / 7 I c � 7/ y �- Signet re Date e (for staff use only) ENVIRONMENTAL STATUS Accepted b r NEGATIVE DECLARATION y `@$ ❑ MINISTERIAL ACT E.A. No. € ❑ ON e OTHER CASE No. 9� I NOTE: APPLICANT MUST ALSO COMPLETE RELATED SUPPLEMENTAL APPLICATION. Reference Case No. ORIGINAL FILE COPY 1 P BY-LAWS OF HIDDEN PALMS H014EOWNERS ASS, CIATION ARTICLE I i NAME AND LOCATION The name of the corporation is HIDDEN PALMS HOMEOWNERS ASSOCIATION, hereinafter referred to as the "Association" . The principal office of the Association shall be _located in the County of Riverside, State of California, at such specific location therein as may be, from time to time, designated by the Board of Directors. ARTICLE II DEFINITIONS Section 1. "Association" shall mean and refer the HIDDEN PALMS HOMEOWNERS ASSOCIATION, its successors and assigns. Section 2 . "Properties" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the members of the Association. Section 4 . "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. Section 5 . "Member" shall mean any person, corporation, partnership, joint venture, or other legal entity who or which is a member of the HIDDEN PALMS HOMEOWNERS ASSOCIATION, or its suc- cessor. Section 6 . "Owner" shall mean and refer to the record owner, whether one or more persons or entities , of a fee simple title to any lot which is a part of the subdivision, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. -1- Section 7. "Declarant" shall mean and refer to DEEP CANYON, LTD. , its successors and assigns, if such successors or assigns should acquire either .a fee or leasehold interest in more than one undeveloped Lot from the Declarant for the purpose of development. Section 8. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the office of the County Recorder, County of Riverside, State of California. ARTICLE III MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject under the Declaration to assessment by the Association, including contract sellers, shall be a Member of the Association.; provided that per- sons or entities who hold an interest merely as security for the performance of an obligation shall not be Members of the Association. Membership shall be appurtenant to and may not be separated from ownership of the Lot which gives rise to such membership. Owner- ship of such a Lot or interest therein shall be the sole quali- fication for membership. ARTICLE IV PROPERTY RIGHTS: RIGHTS OF ENJOYMENT Each Owner shall have a right and easement of enjoyment in and to the Common Area as provided in the Declaration. Any Owner may delegate his rights of enjoyment of the Common Area to the members of his family, his tenants or contract purchasers, who reside on the Lot. Such Owner shall notify the Secretary of the Association in writing of the name of any such delegate. The rights and privileges of such delegate are subject to suspension. to the same extent as those of the delegatinq Owner. ARTICLE V MEETINGS OF MEMBERS Section 1. Annual Meetings. The first annual meeting of the Members shall be held within six (6) months from the date of sale of the first Lot or not later than thirty (30) days after fifty-one percent (51%) of the Lots have been sold, whichever occurs first. Subsequent regular annual meetings of the Members shall be held on the same day of the same month of each year there- after, at the hour of 8: 00 o'clock P.M. If the day for the annual -2- meeting of the Members is a legal .holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Annual and special meetings of members shall be field within the Properties or as close thereto as practicable. Section 2. Special Meetings. Special meetings of the Members may be called at any time by the President or by a major- ity vote of the Board of Directors, or upon written request of the Members who are entitled to vote one-fourth (1/4) of all of the votes of the entire membership or who are entitled to vote one-fourth (1/4) of the votes of the Class A membership. All special meetings shall be held in Riverside- County. Section 3. Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by per- sonal delivery or by mailing a copy of such notice, postage pre- paid, at least ten (10) days, but not more than sixty (60) days, prior to such meeting, to each Member entitled to vote thereat, addressed to the Member at the most recent address supplied by such Member to the Association for the purpose of notice, or if no such address shall have been furnished, then to the street _address of the Lot owned by such Member. Such notice shall specify a reasonable place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. Section 4 . Quorum. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, fifty percent (50%) of the votes of each class of membership shall con- stitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If, however, such quorum shall not be present or represented at any meeting, the Members present, either in person or by proxy, may, except as otherwise provided by Law, adjourn the meeting without further notice other than announcement at the meeting, until a quorum as aforesaid shall be present or represented. Unless a greater portion of the voting power is required by the Articles of Incorporation or these By-Laws, a majority of the voting power present and voting in person or by proxy, shall prevail at all meetings. Section 5 . Voting Rights. The Association shall have two (2) classes of voting membership: Class A. Class A members shall be all owners with the exception of the Declarant and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be entitled to all rights and privileges of membership. The vote of such Lot shall be exercised as the owners collectively determine, but in no event shall more than one vote be cast with respect to any Lot. -3- Class B. The Class B member shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A member- ship on the happening of either of the following events , whichever occurs earlier: (a) . at such time as the total votes outstanding in Class A membership equal the total votes outstanding in the. Class B membership, or (b) on the second anniversary of the original issuance of the most recently issued public report for a phase of the development. (c) on 19 Section 6 . Proxies. At all meetings of Members , each Member shall be entitled to vote either in person or by proxy. All proxies shall be in writing and filed with the Secretary. Every proxy shall be revocable, shall automatically cease upon conveyance by the Member of his Lot, and shall , in any event, automatically terminate eleven (11) months after it is issued. Section 7. Cumulative Voting. Cumulative voting shall be prescribed for all elections in which two (2) or more positions on any governing body are to be filled. Voting for any governing body shall be by secret ballot. ARTICLE VI BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE Section 1. Number. The affairs of the Association shall be managed by a Board of five (5) directors , who need not be Members of the Association. Section 2 . Election. At the first annual meeting of the Association the Members shall elect three directors for a term of one year and two directors for a term of two years; and at each annual meeting thereafter the Members shall elect direc- tors for a term of two years to succeed those directors whose terms have expired. Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the Mem- bers of the Association. However, unless the entire Board is removed, an individual director shall not be removed if the num- ber of shares voted against the resolution for his removal exceeds the quotient arrived at when the total number of outstanding shares entitled to vote is divided by one plus the authorized number of -4- r directors. In the event of death, resignation or removal of a director, his successor shall. be elected by the remaining members of the Board and shall serve for the unexpired term of his pre- decessor. Section 4 . Special Procedure. So long as the majority of the voting power of the Association resides in the subdivider, or so long as there are two (2) outstanding classes of membership in the Association, one (1) member of the Board of Directors shall be elected solely by the vote of the owners other than the sub- divider. (1) A Board of Directors member who has been elected to the office solely by the votes of the members of the Associ- ation other than the subdivider may be removed from office prior to the expiration of the term of office only by the vote of at least a simple majority of the voting power residing in the members other than the subdivider. Section 5. Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. Section 6 . Action Taken Without a Meeting. Any action required or permitted to be taken by the Board of Directors may be taken without a meeting, if all members of the Board shall individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. Any action so approved shall have the same effect as though taken at_ a meeting of the Directors. ARTICLE VII NOMINATION AND ELECTION OF DIRECTORS Section 1 . Nomination. Nominations for the office of member of the Board of Directors shall be made by a Nominating Committee consisting of a Chairman, who shall be a member of the Board of Directors , and two or more Members of the Association, all of whom shall be appointed by the Board of Directors prior to each annual meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Nominations may also be made by Members from the floor at the _5- . annual meeting or such other meeting at which members of the Board of Directors are,to be elected. Such nominations may be made from among Members or non-Members. _Section 2 . Election. Election to the Board of Direc- tors shall be by secret written ballot. At such election the Members or their proxies may cast,.'in respect to each vacancy, as many votes as they are entitled to exercise under the pro- visions of the Declaration. The person receiving the largest number of votes shall be elected. Cumulative voting is per- mitted. ARTICLE VII MEETINGS OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held monthly without notice, at such place within the subdivision and at such hour as may be fixed from time to time by resolution of the Board. Should such a meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Notice of Regular Meetings. Notice of the time and place of a regular meeting of the Board of Directors shall be posted at least three (3) days before such meeting at a prominent place or places within the Common Area. Section 3. Special Meetings. Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any two directors, after not less than three (3) days notice to each director and must be held within the subdivision. Section 4 . Meetings Open to Members. Regular and special meetings of the governing body shall be open to all members of the Association provided, however, that Association members who are not on the governing body may not participate in any deliberation or discussion unless expressly so authorized by the vote of a majority of the quorum of the governing body. (a) The governing body may, with the approval of the majority of a quorum of its members, adjourn the meeting and reconvene in executive session to discuss and vote upon personal matters, litigation in which the Association is or may become -6- involved, and orders of business of similar nature. The nature of any and all business to be considered in executive session shall first be announced in open session. Section 5. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present' at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE IX POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. Powers. The Board of Directors powers shall include, but not be limited to, the following: (1) enforcement of the applicable provisions of. the Conditions, Covenants and Restrictions, Articles, By-Laws and other instruments for the ownership, .management and control of the subdivision. (2) payment of taxes and assessments which are, or could become, a lien on the Common Area or portion thereof. (3) contracting for casualty, liability and other insurance on behalf of the Association. (4) contracting for goods and/or services for Common Areas , facilities in interest or for the Association subject to the limitations set forth below. (5) delegation of its duties to committees, officers or employees of the Association as expressly authorized by the governing instruments. (6) preparation of budgets and financial statements for the association as prescribed in the governing instruments . (7) formation of rules of operation of the Common Areas and facilities owned or controlled by the Association . (8) initiation and execution of disciplinary proceed- ings against members of the Association for violations of pro- visions of any governing instruments in accordance with the procedures set forth in the governing instruments. (9) entering upon any privately owned subdivision interest as necessary in connection with the construction, main- tenance or emergency repair for the benefit of the Common Areas or the owners in common. -7- Section 2. Actions That Need Membership Approval . The Board of Directors of the Association shall ordinarily be prohibited from taking any of the following actions, except with the vote or written assent of a majority of the voting power of the Association residing in the Members other than the subdivider: (1) entering into a contract with a third person wherein the third person will furnish goods and services for the Common Area or the Homeowners Association' for a term longer than one year with the following exceptions: A. a management contract, the terms of which have been approved by the Federal Housing Administration or Veterans Administration. B. a contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission provided, however, that the terms of the contract shall not exceed the shortest term for which the supplier will contract at a regulated rate. C. prepaid casualty and/or liability insurance policies of not to exceed three years duration provided that the policy permits for a short rate cancellation by the insured. (2) incurring aggregate expenditures for capital improve- ments to the Common Area in any fiscal year in excess of five per- cent (50) of the budgeted gross expenses of the Association for that fiscal year. (3) selling during any fiscal year property of the Association having an aggregate fair market value of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year. (4) paying compensation to members of the governing board or to the officers of the Association for services performed in the conduct of the Association' s business provided, however, that, the governing body may cause a member or officer to be reimbursed for expenses incurred in carrying on the business of the Association. Section 3. Duties. It shall . be the duty of the Board of Directors to: (a) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class A Members who are entitled to vote; (b) financial statements for the Association shall be regularly prepared and copies shall be distributed to each Member of the Association as follows: -8- (1) a performance or operating statement (budget) for each fiscal year shall be distributed not less than six (6) days before the beginning of the fiscal year. (2) a balance sheet--as of an accounting date which is the last day of the month closest in time to six (6) months from the date of closing of the first sale of an interest in the subdivision--and an operating statement for the period from the date. of the first closing to the said accounting date, shall be distributed within sixty (60) days after the accounting date. This operating statement shall include a schedule of the assessments received and receivable identified by the number of the subdivision interest and the name of the entity assessed. (3) a balance sheet as of the last day of the Association' s fiscal year and an operating statement for said fiscal year shall be distributed within ninety (90) days after the close of the fiscal year. (c) ordinarily an external audit by an independent public accountant shall be required for fiscal year financial statements (other than budgets) for every fiscal year. (d) supervise all officers, agents and employees of the Association, and see that their duties are properly performed; (e) as more fully provided herein, and in the Declaration; (1) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each -annual assessment period; (2) send written notice -of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; and (3) foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the Owner personally obligated to pay the same; (4) impose monetary penalties, temporary sus- pensions of an Owner' s rights as a Member_ of the Association or appropriate discipline for the failure to comply with a govern- ing instrument; provided, however, the accused must be given notice and an opportunity to be heard by the Board of Directors with respect to the alleged violation before a decision to impose discipline is reached. (f) issue, or .cause an appropriate officer to issue , upon demand by any person, a certificate indicating the status of any assessment, whether delinquent or paid. A reasonable -9- charge may be made by the Board for the issuance of these cer- tificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid; (g) procure and maintain adequate liability and hazard insurance on property owned by the Association; (h) cause all officers or employees having fiscal responsibilities to be bonded, as -it may deem appropriate; (i) cause the Common Area to be maintained. ARTICLE X OFFICERS AND THEIR DUTIES Section 1 . Enumeration of Officers. The officers of the Association shall be President and Vice-President, who shall at all times be members of the Board of Directors, a Secretary and a Treasurer, and such other officers as the Board may from time to time by resolution establish. Section 2 . Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members . Annual and special meetings of Members shall be held within the Properties or as close thereto as practicable. Section 3. _Term. The officers of the Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise be disqualified to serve. Section 4 . Special Appointments . The Board may elect such other officers as the affairs of the Association may .require, each of whom shall hold office for such period, have such author- ity, and perform such duties as the Board may, from time to time, determine. Section 5. Resignation and Removal . Any officer may be .removed from office with or without cause. by the Board. Any officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6 . Vacancies. A vacancy in any office may be filled by election held by the Board of Directors for that or any other purpose. The officer elected to such vacancy shall serve for the remainder of the term of the officer he replaces. -10- Section 7. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of the other offices except in the case of special ofsfices created pursuant to Section 4 of this Article. Section 8. Duties. The duties of the officers shall be as follows: F President (a) The President shall preside at all meetings of the Board of Directors; shall implement the orders and resolutions of the Board; shall sign all leases, mortgages, deeds and other written instruments and shall sign all promissory notes of the Association. Vice-President (b) The Vice-President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. Secretary (c) The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring such seal; serve notice of meetings of the Board and of the Members; keep, or cause to be kept, appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by the Board. Treasurer (d) The Treasurer shall receive and deposit in approp- riate bank accounts all monies of the Association and shall dis- burse such funds as directed by resolution of the Board of Directors; shall sign all promissory notes of the Association; keep proper books of account; cause an annual audit of the Associ- ation books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the member- ship at its regular annual meeting, and cause a copy thereof to be delivered to each Member within ninety (90) days after the end of the fiscal year of the Association. The Treasurer may delegate the foregoing duties (except the duty to affix his signature to documents) to any person adequately covered by a fidelity bond unless expressly prohibited therefrom by the Board. -11- ARTICLE XI COMMITTEES L (a) (1) The committee for the control of structural and landscaping architecture and design (Architectural Control Committee) within the subdivision shall consist of five (5) members. (2) The Declarant may appoint all of the original members of the Architectural Control Committee and all replace- ments until the first anniversary of the issuance of the initial public report for the first phase of the subdivision. The Declarant may reserve to himself the power to appoint a majority of the members of the Committee until ninety percent (90%) of all the subdivision interest in the overall development has been sold or on the fifth anniversary of the original issuance of the final public report on the first phase of the subdivision, whichever occurs first. . (3) After one year from the date of the issuance of the original public report for the first phase of the sub- division, the Board of Directors of the Association shall have the power to appoint one member of the Architectural- Control Committee until ninety (90%) of all the subdivision interest in the overall development has been sold or until the fifth anni- versary of the original issuance of the final public report for the first phase of the subdivision, whichever occurs first. Thereafter, the Board of Directors of the Association shall have the power to appoint all members of the Architectural Control Committee. (b) Members appointed to the. Architectrual Control Committee by the Board of Directors shall be from the membership of the Association. Members appointed to the Committee by the Declarant need not be Members of the Association. (c) Members of the Architectural Control Committee appointed by the Board of Directors shall serve terms of two (2) years. A. The Board of Directors shall appoint a Nom- inating Committee, as provided in these By-Laws. In addition , the Board of Directors shall appoint such other committees as it .deems appropriate to carry out its purposes. ARTICLE XII FUNDS AND ASSESSMENTS SECTION 1.2. 02. OPERATING FUND. The Board shall establish an operating fund for the Association into which shall be deposited all monies paid to the Association, and from which disbursements shall be made in performing the functions of the Association -12- under the Hidden Palms Covenants. * Funds of the Association must be used solely for purposes related to those areas and improve- ments owned by the Association or subject by this Declaration to maintenance and assessment. SECTION 12. 02. OPERATION AND MAINTENANCE ASSESSMENTS. A. REGULAR ASSESSMENTS. At least thirty (30) days prior to the commencement of each fiscal year, the Board shall prepare and adopt a budget for the Association reflecting the gross estimate of the expenses to be incurred by the Association during such fiscal year .in performing its functions under the Hidden Palms Covenants (including a reasonable provision for contingencies and replacements) . There shall be subtracted from such gross estimate of expenses an amount equal to the anticipated balance (exclusive of any reserves which the Board may establish) in the operating fund at the start of such fiscal year which is attributable to regular and special assessments for the preceding fiscal year. The net estimate of expenses so determined shall be assessed to all owners of lots then within Hidden Palms (including developer) by dividing the net estimate of expenses by the total number of such lots then within Hidden Palms (including those, if any, which may then be owned by developer) and assessing the resulting amount to the owner of each and such lots (including developer insofar as it or they then have or retain ownership of any such lots providing that the assessment as to any lots owned by the developer shall not become effective until. recordation of a notice of completion of a residence tract, and the developer shall not be liable for payment of any monthly installments of the assessment falling due prior to such recordation) . SECTION 12. 02. 1. MAXIMUM ANNUAL ASSESSMENT. Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment shall be _ per lot. 1. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maxi- mum annual assessment may be increased each year not more than twenty percent (20%) above the maximum assessment for the previous year. 2. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maxi- mum annual assessment may be increased above twenty percent (20%) by the vote or written assent of fifty-one percent (51%) of each class of members. 3. The Board may fix the annual assessment at an amount not in excess of the maximum. -13- SECTION 12. 02. 2. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In any fiscal year, the Board of Directors of the Association may not, without the votefor written assent of the majority of the power of the Association residing and members other than the sub- divider, levy special assessment to defray the cost of any action or undertaking on behalf of the Association which in the aggregate exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year. SECTION 12. 02. 3. GENERAL SPECIAL ASSESSMENT. Every general special assessment shall be levied upon the same basis as that prescribed for levying regular assessments . SECTION 12. 02. 4. SPECIAL ASSESSMENTS TO REIMBURSE THE ASSOCIATION. The above provisions with respect the special assess- ments do not apply in the case where a special assessment against a member is a remedy utilized by the governing body to reimburse the Association for costs incurred in bringing the member 'and his subdivision interest in compliance with the provisions of the By-Laws of the Association or the Hidden Palms covenants . SECTION 12. 02. 5. REGULAR ASSESSMENTS AGAINST SUBDIVISION INTEREST. Regular assessments against the subdivision interest in a phase of this multi-phase subdivision shall continence on the date of closing of the first sale of a subdivision tract interest in that phase or on the first day of the month following the closing of the first such sale. SECTION 12. 02. 6. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS . In addition to the annual assessments authorized above, the Associ- ation may levy in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction , repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the vote or written assent of fifty-one percent (51%) of each class of members . SECTION 12. 02. 7. NOTICE OF QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTION 12. 02. 1 AND 12. 02. 2. Any action authorized under Section 12. 02. 1 or 12. 02. 3 shall be taken at a meeting called for that purpose, written notice of which shall be sent to all members not less than thirty (30) days nor less than sixty (60) days in advance of the meeting. If the proposed action is favored by a majority of the votes cast at such meeting, but such vote is less than the requisite fifty-one percent (51%) of each class of members, members who were not present in person or by proxy may give their assent in writing, provided the same is obtained by the appropriate officer of the Association no later than three (3) days from the date of such meeting. -14- SECTIO14 12. 02. 8. PAYMENT OF ASSESSMENTS. All assessments shall be due and payable to the Association by the assessed owners (including developer) during the fiscal year in equal monthly installments, Fon or before the first day of each month, or in such other manner as the Board may designate in its sole and absolute discretion. SECTION 12. 02. 9. OBLIGATIONS OF DEVELOPER AND OWNERS. No owner of any lot within Hidden Palms (including developer) may avoid any of the duties or liabilities imposed on him by the Hidden Palms Covenants through nonuse of any common areas or recrea- tional areas within Hidden Palms or by abandonment of such a lot. Upon the recordation of the transfer of title to such lot to a new owner, the transferring owner (including developer) shall not be liable for any installments of assessments levied with respect to such lot falling due after the date of recordation of such a transfer, and he shall not thereafter enjoy any of the rights , privileges or immunities of the owner of such lot under the Hidden Palms Covenants; provided, however, the recordation of such a transfer shall not relieve the transferring owner (including developer) of the obligation to pay any and all installments of assessments levied with respect to such lot falling due prior to the date of such recordation, If, ar.d to the extent developer then owns any lots within Hidden Palms, developer hereby agrees to pay the Association any and all assessments which may be levied by the Board against developer, pursuant to Sections 12 . 02 or 12. 03 hereof, with respect to each and every lot within Hidden Palms then owned by the developer. No owner shall be personally liable for any assessment levied prior to the date of recordation of the transfer of title to such owner. The transfer of title to any lot shall not affect the liability of such lot to lien under - Section 12. 04. 2 below. SECTION 12. 03. REIMBURSEMENT ASSESSMENT. The Board shall levy a reimbursement assessment against any owner of a lot within Hidden Palms (including developer) as a result of whose failure to comply with the Hidden Palms Covenants , the Hidden Palms rules or the Architectural Committee rules, monies were expanded from the operating fund by the Association in performing its functions under Hidden Palms Covenants. Such an assessment shall be for the purpose of reimbursing the Assocation, shall be limited to the amount so expended, and shall be payable to the Association when levied. Assessments levied under this Section shall not be subject to the provisions of Sections 12 . 02 . 2 or. 12 . 02 . 3 hereof. SECTION 12. 04. ENFORCEMENT OF ASSESSMENTS. Each assessment levied hereunder shall be a separate, distinct and personal debt and obligation of the owner or owners against whom the same is assessed (including developer) . In the event of a delinquency in payment of any such assessment, and in addition to any other remedies herein or by law provided, the Board may enforce each such obligation, on behalf of the Association, by either or both of the following procedures : -15- SECTION 12. 04. 1. ENFORCEMENT BY SUIT. The Board may cause an action at law to be commenced and maintained in the name of the Association in any court of competent jurisdiction, including, but ,not limited to, an action in a .small claims court, to enforce each such assessment obligation. Any judgment rendered in any such action shall include the amount of the delinquency , together with interest thereon at the rate of seven percent (7%) per annum from the date of delinquency, court costs , and reasonable attor- neys' fees in such amount as the court may adjudge against the delinquent owner (including developer) . SECTION 12. 04. 2. ENFORCEMENT BY LIEN. There is hereby created the right to a claim of lien, with power of sale, on each and every lot within Hidden Palms to secure payment to the Associ- ation of any and all assessments levied against any and all owners of such lots (including developer) under the Hidden Palms Covenants, together with interest thereon at the rate of ten percent (10%) per annum from the date of delinquency, and 'all costs of collection which may be paid or incurred by the Associ- ation in connection therewith, including reasonable attorneys ' fees. At any time within ninety (90) days after the occurrence of any default in the payment of any such assessment, the Board may make a written demand for payment to the defaulting owner (including developer) on behalf of the Association. Said demand shall state the date, nature of and amount of the delinquency. Each default shall constitute a separate basis for a claim of lien or a lien, but any number of defaults. may be included within a single claim of lien. If such delinquency is not paid within ten (10) days after delivery of such demand, the Board may elect to file such a claim of lien on behalf of the Association against the lot of the default owner (including developer) . Such a claim of lien shall be executed and acknowledged by any officer of the Association, or the manager and shall contain substantially the following information: (1) The name of the defaulting owner. (2) The legal description and street address of the lot against which claim of lien is made. (3) The nature of the delinquency. (4) The total amount claimed to be due and owing for the amount of the delinquency, interest thereon, collection costs, and reasonable attorneys ' fees (with any proper offset allowed) . (5) That the claim of lien is made by the Association pursuant to the Hidden Palms Covenants. -16- (6) That a lien is claimed against said lot in an amount equal to the amount of the stated delinquency, interept thereon, collection costs and reasonable attorneys ' fees. Upon recordation of a duly executed original or copy of such a claim of lien, the lien claimed therein shall immediately attach • and become effective in favor of the Association, subject only to the limitations hereinafter set forth. Such a lien shall have a priority over all liens, created subsequent to the recordation of the claim of lien thereof, except only lines for real property taxes on any lot, assessments on any lot in favor of any muni- cipal or other governmental assessing unit, and the lien of those trust deeds which are specifically described in Section 6. 05 hereof. Any such lien may be foreclosed by appropriate action in court or in the manner provided by law for the foreclosure of a trust deed with power of sale, as set forth in Division III, Part 4, Title XIV, Chapter 2 of the Civil Code of the State of California, as the same may be amended from time to time. In the event such foreclosure is by action in court, court costs , expenses of sale, and reasonable attorneys ' fees shall be allowed to the extent permitted by law, in addition to all other amounts secured by said lien. In the event the foreclosure is in the manner provided by law, for foreclosure of a trust deed , under power of sale, the Association shall be entitled to bid thereon the lot at the foreclosure sale and to hold, lease, mortgage and convey the same; otherwise, the Association shall be entitled to receive, out of the proceeds of the sale, all amounts secured by said lien, together with all expenses of collection and sale, and reasonable attorneys ' fees. SECTION 12. 04 . 3. ASSESSMENT CERTIFICATE. A certificate ex- ecuted under penalty of perjury by any two members of the Board and acknowledged shall be conclusive upon the Association and the owners in favor of any and all persons who rely thereon in good faith as to the matters therein contained, and any owner (includ- ing developer) shall be entitled to such a certificate setting forth the amount of any due and unpaid assessments with respect to his lot (or the fact that all assessments due are paid if such is the case) within ten (10) days after demand therefor and upon payment of a reasonable fee, not to exceed T_n ($10. 00) Dollars, which may be fixed by the Board. SECTION 12. 04. 4. SUBORDINATION TO CERTAIN TRUST DEEDS SUBORDINATION. None of the rights or rights to claim a lien or liens created hereunder upon any lot, and no breach of any of the provisions of the Hidden Palms Covenants , nor the enforcement of any of the provisions of Section 12. 04 hereof, shall defeat or render invalid the lien of any holder of any indebtedness, or the renewal, extension or refinancing thereof, made in good faith and for value, and secured by any recorded trust deed upon such lot, and the liens created hereby upon any lot shall be subject and subordinate thereto; provided that immediately after any power of -17- sale or court foreclosure of any such trust deed by sale of such lot, the Hidden Palms Covenants shall be binding upon and effec- tive against any owned (including developer) whose title is derived through such a trustee ' s sale or court foreclosure and a new claim of .Lien, with power of sale shall automatically be created on such lot under Section 12. 04 . 2 hereof, without further action on the part of the Association, to secure payment of any and all assessments levied hereunder, after the date of such trustee' s sale or court foreclosure. SECTION 12. 05. 1. AMENDMENT. No Amendment of Section 12. 04 hereof shall affect, in any way, the rights of the holder of any, such trust deed recorded prior to recordation of such amendment who does not join in the execution hereof. SECTION 12. 06. 1. The subdivider--his successor in interest if any, is an owner subject to the payment of regular and special assessment against subdivision interest which he .owns provided, however, that subdivider and any other owner of a subdivision interest which does not include a structural improvement for human occupancy is exempted by this Section from the payment of that portion of any assessment which is for the purpose of deferring expenses and reserves directly attributable to the existence and the use of the structural improvement. The exemp- tion may include, but shall not necessarily be limited to: (1) Roof replacements; (2) Exterior maintenance; (3) Walkway and carport lighting; (4) Refuse disposal; (5) Cable television; and (6) Domestic water supplied to living units. Any such exemption from the payment of assessment shall be in effect only until a Notice of Completion of the structural improve- ment has been recorded or until one hundred twenty (120) days after the issuance of a building permit for the structural improvement whatever occurs first. SECTION 12. 06. 2. Every special assessment shall be levied upon the same basis as prescribed for levying a regular assess- ment. SECTION 12. 06. 2. 1. The above provision with respect to special assessments does not apply in a case where the special assessment against a member is a remedy utilized by the Board to reimburse the Association for costs incurred in bringing the member and his subdivision interest into compliance with the provision of the governing instruments for the subdivision. ' -18- SECTION 12. 06. 3,. Regular assessments against subdivision interest in any phase of this multi-phase subdivision shall com- mence on the date of closing of the . first sale of a subdivision interest in that phase or on the first day of the month following the closing of the first such sale. ARTICLE XIII BOOKS AND RECORDS The books, records and papers of the Association shall. at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, the Articles of Incorporation and the By-Laws of the Association shall be avail- able for inspection by any Member at the principal office of the Association, and copies shall be made available for purchase at reasonable cost. ARTICLE XIV ASSESSMENTS As more fully provided in the Declaration, each Member is obligated to pay to the Association annual and special assess- ments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the , assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney' s fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot. ARTICLE XV CORPORATE SEAL The Association shall have a seal in circular form having within its circumference the words: HIDDEN PALMS HOMEOWNERS ASSOCIATION, INCORPORATED PALM DESERT, CALIFORNIA -19- ARTICLE XVI AMENDMENTS Section 1. These By-Laws may be amended, by vote of a majority of the Members of the Association (other than the sub- divider) in person or by proxy. Section 2. In the case of any conflict between the Articles of Incorporation and these By-Laws , the Articles shall take precedence; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall take precedence. ARTICLE XVII MISCELLANEOUS The fiscal year of the Association shall begin on the first day of and end on the 31st day of of every year, except that the first fiscal year shall begin on the date of incorporation. CERTIFICATION I, the undersigned, do hereby certify : That I am the duly elected and acting Secretary of HIDDEN PALMS HOMEOWNERS ASSOCIATION, a California corporation. That the foregoing By-Laws constitute the original By-Laws of said Association, as duly adopted at a meeting of the Board of Directors thereof held on the day of 197 Secretary -20- ARTICLES OF INCORPORATION OF HIDDEN PALMS HOMEOWNERS ASSOCIATION ARTICLE I The name of the corporation (hereinafter called the "Association") is HIDDEN PALMS HOMEOWNERS ASSOCIATION. This . corporation is organized pursuant to the General Nonprofit Corporation Law. ARTICLE II The principal office for the transaction of the business of the Association is located in Riverside County, State of California. ARTICLE III PURPOSE AND POWERS OF THE ASSOCIATION This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific primary purposes for which it is formed are to provide for maintenance, preservation and architectural control of the residence Lots and Common Area within that certain real property in the City of Palm Desert, County of Riverside, State of California, described as follows: Lots through inclusive, of Tract in the City of Palm Desert, County of Riverside, State of California, as per map recorded in Book , page through , inclusive, of mis- cellaneous maps in the office of the Riverside County Recorder, together with any additional property which may be brought within the jurisdiction of the Association as provided in the Declaration; and to promote the health, safety and welfare of the residents within the above-described property and any additions thereto as may hereafter be brought within the jurisdiction of this Assoc- iation for this purpose. In furtherance of said purposes, this Association shall have power to: (a) perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions, and Restrictions, hereinafter called the "Declaration" , applicable to the property and recorded or to be recorded in the office of the County Recorder of Riverside County; (b) fir., levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay ald expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association; (c) acquire (by gift, purchase or otherwise) , own, hold, improve, build upon, operate, maintain, convey, sell, lease, trans- fer, dedicate for public use or otherwise dispose of real or .personal property in connection with the affairs of the Association; (d) borrow money, and only with the assent (by vote or written consent) of two-thirds (2/3) of each class of members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (e) dedicate, sell or transfer all of or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or. transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of each class of members, agreeing to such dedication, sale or transfer; (f) participate in mergers and consolidations with other nonprofit corporations organized for the same purposes or annex additional residential property and Common Area, provided that any merger, consolidation or such annexation shall have the assent by vote of two-thirds (2/3) of each class of members or by the written consent of all of the members, unless such annexation is pursuant to the terms of the Declaration; (g) have and to exercise any and all powers, rights and privileges which a corporation organized under the General Nonprofit Corporation Law of the State of California by law may now or hereafter have or exercise. ARTICLE IV .. MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association , including contract sellers, shall be a member of the Assocation. The foregoing -is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Member- ship shall be appurtenant to and may not be separated from owner- ship of any Lot which is subject to assessment by the Association. -2- At the first annual meeting the members shall elect three (3) directors for a term of one year, and two (2) . directors for a term of two years; and at each annual meeting thereafter_ the members shall elect directors for a term of two years to succeed those directors whose terms have expired. ARTICLE VII DISSOLUTION Upon dissolution of the Association, the assets of the Association shall be distributed to an appropriate agency to be used for purposes similar to those for which this Association was created. In the event that such distribution is refused accept- ance, such asse.ts shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization organized and operated for such similar purposes. ARTICLE VIII DURATION The corporation shall exist perpetually. ARTICLE IX MIENDMENTS Amendment of these Articles shall. require the assent (by vote or written consent) of members representing seventy-five percent (75%) or more of the voting power. IN WITNESS WHEREOF, for the purpose of forming this corporation, under the laws of the State of California, we, the undersigned, constituting the incorporators of this Association, have executed these Articles of Incorporation this day of 1978. -4- ARTICLE V The Association shall have two classes of voting member- ship: Class A. Class A members steal : be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lots shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member (s) shall be the Declarant (as defined in the Declaration) , and shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier : (a) When the total votes outstanding in the Class A membership equal the total votes outstanding in Class B membership; or (b) On the second anniversary of the original issuance of the most recently issued public report - for a phase of the development. (c) On 19 . ARTICLE VI BOARD OF DIRECTORS The affairs of this Association shall be managed by a Board of five (5) Directors, who need not be .members of the Associ- ation. The number of Directors may be changed by amendment of the By-Laws of the Association. The names and addresses of the persons who are to act in the capacity of Directors until the selection of their successors are: Name Address JACK E. JONES DELLA M. PRUETT ED MITCHELL ROBERT C. AMY, JR. MICHAEL L. VOLLMER -3- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF HIDDEN PALMS PLANNED UNIT DEVELOPMENT IN RIVERSIDE COUNTY, CALIFORNIA t INDEX E PREAMBLE. . . . . . . . . . . .Page 1. DECLARATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 1. ARTICLE I - DEFINITIONS. . . . . . . . . . . : . . . ..Page 1 . ARTICLE II - NATURE A14D PURPOSE OF COVENANTS. . . . . . . . . . . . . . . .. . .Page 4. ARTICLE III - TITLE TO COMMON AREA. . . . . .Page 4. ARTICLE IV - ORGANIZATION OF THE HIDDEN PALMS HOMEOWNERS ASSOCIA- TION. . . . . . . . . . . . . . . . . . . . .Page 4. ARTICLE V - ARCHITECTURAL CONTROL. . . , . . .Page 14. ARTICLE VI - APPLICATIONS TO ARCHI- TECTURAL CONTROL COMMITTEE.Page 16 . ARTICLE VII - EASEMENTS AND COMMON WALLS. . . . . . . . . . . . . . . . . . . . .Page 19. ARTICLE VIII - USES OF, AND RESTRICT- IONS. ON LOTS. . . . . . . . . . . . .Page 22. ARTICLE IX - PROPERTY RIGHTS—*. . . . . . . . . .Page 25. ARTICLE X —COMMON AREA. . . . . . . . . . . . . . . . .Page 26. ARTICLE XI - MAINTENANCE OF THE PROPERTIES. . . . . . . . . . . . . . . . .Page 27. ARTICLE XII - FUNDS AND ASSESSMENTS. . . . . Page 27. ARTICLE XIII - BOND OBLIGATIONS OF THE DECLARANT. . . . . . . . ... . .. 33 . -i- ' F ARTICLE XIV - BREACH. . . . . . . . . . . . . . . . . . . .Page 35. " ARTICLE XV - NOTICES. . . . . . . . . . . . . . . . . . . .Page 36. ARTICLE XIV - ADDED PROPERTY. . . . . . .. . . . . .Page 37 . ARTICLE XVII - SEVERABILITY. . . . . . . . . . . . .Page 38 . ARTICLE XVIII - TERM, SCOPE, DURATION AND AMENDMENT. . . . . . . . . . .Page 38. ARTICLE XIX - DESTRUCTION OR EXTENSIVE DAMAGE TO THE CONDEMNATION COMMON AREAS. . . . . . . . . . . . . .Page 39 . ARTICLE XX - CONFLICTS. . . . . . . . . . . . . . . . . .Page 39. -ii- 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF HIDDEN PALMS PLANNED UNIT DEVELOPMENT IN RIVERSIDE COUNTY, CALIFORNIA PREAMBLE THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this day of , 1978 , by DEEP CANYON, LTD. (hereafter referred to as "Declarant" ) . Declarant is the owner of certain real property in the City of Palm Desert, County of Riverside, State of California, known as Lots through , inclusive, of Tract No. , (here- after referred to as"the properties") , as per map recorded in book pages through , inclusive, of miscellaneous maps in the office of the County Recorder of Riverside County. In order to establish a general plan for the improvement and develop- ment of the properties, Declarant desires to subject the prop- erties to certain conditions, covenants and restrictions , upon and subject to which all properties shall be held, improved, and conveyed. DECLARATION NOW, THEREFORE, the Declarant does hereby declare that all of the property described as Tract No. (and described in "Exhibit A" attached hereto and incorporated by this reference) , is held and shall be held, conveyed, hypothecated, or encum- bered, leased, rented, used, occupied and improved subject to the following easements, covenants, conditions, and restrictions. ARTICLE I DEFINITIONS Unless the context othe]-wise specifies or requires, the following words and phrases, when used in the Hidden Palms Restrictions, shall have the meanings hereafter specified. ARCHITECTURAL COMMITTEE. The term "Architectural Committee" shall mean the committee created pursuant to Article _ hereof, referred to in Article _ of the Hidden Palms Home- owners Association By-Laws. ARCHITECTURAL COMMITTEE RULES. The term "Architectural Committee rules" shall mean the rules adopted by the Architec- tural Committee pursuant to Section hereof. -1- I 1 ARTICLES. The term "Articles". shall mean the Articles of Incorporation of the Hidden Palms Homeowners Association which have been filed in the Office of the Secretary of State of the State of California, a true copy of which is attached hereto, marked as "Exhibit B" and incorporated herein by this reference. ASSOCIATION. The term "Association" shall mean and refer to the Hidden Palms Homeowners Association, its successors and assigns. BENEFICIARY. The term "beneficiary" shall mean the mortgagee under a mortgage or a beneficiary or holder under a Deed of Trust, as the case may be, and/or the assignees of such mortgagee, beneficiary. o,r holder. BOARD. The term "Board" shall mean the Board of Directors of the Hidden Palms Homeowners Association. BY-LAWS. The term "By-Laws" shall mean the By-Laws of the Hidden Palms Homeowners Association which have been or shall be adopted. by the Board substantially in the form of "Exhibit C" attached hereto and incorporated herein by this reference , as such By-Laws may be amended from time to time. COMMITTEE. The term "Committee" shall mean the Architec- tural Committee. COMMON AREA. The term "Common Area" shall mean all the real property so classified in accordance with. Section hereof. COVENANTS. The term "covenants" as used herein shall mean and refer collectively to the covenants, conditions, restrictions , reservations, easements, liens and charges imposed or expressed in this Declaration. DECLARANT. The term "Declarant" as used herein shall mean and refer to DEEP CANYON, LTD. , its successor and assigns if such successor or assigns should acquire more than one (1) undeveloped lot from the Declarant for the purpose of development. DEED OF TRUST. The term "Deed of Trust" or "Trust Deed" shall mean a mortgage or Deed of Trust as the . case may be . FILE. The term "file" and "filed" shall mean, with refer- ence to any subdivision map or parcel map, the recording of said map, in the office of the County Recorder, County of Riverside, State of California. FISCAL YEAR. The term "fiscal year" shall mean the year from of one calendar year to of the following calendar year. -2- IMPROVEMENT_. The term "improvement" shall include buildings , out-buildings, garages, carports, roads, driveways, parking areas , fences, screening walls, retaining walls, stairs, decks , hedges, windbreaks , plantings, planted trees and shrubs , poles, signs , and all other structures or landscaping improvements of any type and kind. HIDDEN PALMS RESTRICTIONS. The term "Hidden Palms Restrictions" shall mean this Declaration, as said Declaration may be amended from time to time. LOT. The term "lot" as used herein shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the Common Area. MEMBER. The term "member" shall mean any person, corporation, partnership, joint venture or other legal entity who or which is a member of the Hidden Palms Home Owners Association, or its suc- cessor, pursuant to Section hereof. OWNER(S) . The term "owner (s) " shall mean and- refer to the record owner, whether one or more persons or entities , of a fee simple title to any lot which is a par'-. of the subdivision, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation. PERSON. The term "person" shall mean a natural individual, natural individual acting in ' a fiduciary capacity, or a corporation, incorporated association, a partner, joint venturer, trustee, conservator, executor, administrator, or any other entity with the legal right to hold title to real property. PROPERTIES. The term "properties" as used herein, shall mean and refer to that certain real property hereinbefore described, and such additions hereto as may hereafter be brought within the jurisdiction of the Association. SUBDIVIDED and SUBDIVISION MAP. The term "subdivided" shall mean the artificial division or separation of a parcel of real property into lots, shown on a subdivision map or parcel map. The term "subdivision map" shall mean (a) any "final map" within the meaning of the provisions of Section 4 , Part 2 , Chapter 2 , of the Business and Professions Code of the State of California, or (b) any "parcel map" within the meaning of the provisions of Division 4 , Part 2 , Chapter 2 of the Business and Professions Code of the State of California, as any or all of such provisions may be amended from time to time. -3- ARTICLE II NATURE AND PURPOSE OF COVENANTS SECTION 2. 01. The covenants , conditions, and restrictions set forth in this Declaration constitute a general scheme for the development, protection, and maintenance of the properties to enhance the value, desirability, and attractiveness of the lots and Common Area for the benefit of all owners of the lots therein. These covenants, restrictions, and conditions are imposed upon the Declarant and upon the owners of all lots. Said covenants, conditions, and restrictions are for the bene- fit of all lots, and shall bind the owners of all such lots. Such covenants, conditions, and restrictions shall be a burden upon and a benefit to not only the original owner of each lot but also his successors and assigns. All such covenants , con- ditions, and restrictions are intended as and are hereby declared to be covenants running with the land or equitable servitudes upon the land as the case may be. ARTICLE III TITLE TO COMMON AREA SECTION 3. 01. The Declarant hereby covenants for itself, its heirs and assigns, that it will convey to the Association fee simple title to the Common Area described in "Exhibit D" attached hereto and incorporated by this reference, free and clear of all encumbrances and liens , except for the liens of this Declaration, prior to the conveyance of the first lot in the Tract. ARTICLE IV ORGANIZATION OF THE HIDDEN PALMS HOMEOWNERS ASSOCIATION SECTION 4. 01. MEMBERSHIP. Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject under the Declaration to assessment by the Association, including contract sellers, shall be a member of the Association; provided that persons or entities who hold an interest merely as security for performance of an obligation shall not be members of the Association. Membership shall be appurtenant to and may not be separated from ownership of the Lot which gives rise to such membership. Ownership of such a Lot or interest therein shall be the sole qualification for membership. SECTION 4. 02. ANNUAL MEETINGS. The first annual meeting of the Members shall be held within six (6) months from the date -4- of sale of the first Lot or not later than thirty (30) days after fifty-one percent (510) of the Lots have been sold, whichever occurs first. Subsequent regular annual meetings of the Members shall be held on the same day of the same month of each year there- after, at the hour of 8 : 00 o' clock P.M. If the day for the annual meeting of the Members is a legal 'Holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Annual and special meetings of members shall be held within the Properties or as close thereto as practicable. SECTION 4. 02. 1. SPECIAL MEETINGS. Special meetings of the Members may be called at any time by the President or by a major- ity vote of' the Board of Directors , or upon written request of the Members who are entitled to vote one-fourth (1/4) of all of the votes of the entire membership or who are entitled to vote one-fourth (1/4) of the votes of the Class A membership. All special meetings shall be held in Riverside County. SECTION 4. 02. 2. NOTICE OF MEETINGS. Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by per- sonal delivery or by mailing a copy of such notice, postage pre- paid, at least ten (10) days, but not more than sixty (60) days , prior to such meeting, to each Member entitled to vote thereat, addressed to the Member at the most recent address supplied by such Member to the Association for the purpose of notice, or if no such address shall have been furnished, then to the street address of the Lot owned by such Member. Such notice shall specify a reasonable place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. SECTION 4. 02 . 3. QUORUM. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, fifty percent (500) of the votes of each class of membership shall con- stitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If , however, .such quorum shall not be present or represented at any meeting, the Members present, either in person or by proxy, may , except as otherwise provided by Law, adjourn th meeting without further notice other than announcement at the meeting, until a quorum as aforesaid shall be present or represented. Unless a greater portion of the voting power is required by the Articles of Incorporation or these By-Laws , a majority of the voting power_ present and voting in person or by proxy, shall prevail at all meetings. SECTION 4. 03. VOTING RIGHTS. The Association shall have two (2) classes of voting membership: -5- CLASS A. Class A members shall be all the owners with the exception of the Declarant and shall be entitled to one vote for each. lot owned. When more than one per- son holds an interest in any lot, all such persons shall be entitled to all rights and privileges of membership. The vote of such lot shall be exercised as the owners collectively determine, but in no event shall more than one vote be cast with respect to any lot. CLASS B. The Class B member shall be the Declarant and shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be con- verted' to a Class A membership on the happening of either of the following events whichever occurs earlier: (a) at such time as the total votes out- standing in Class A membership equals or exceeds the total votes outstanding in Class B member- ship, or (b) on the second anniversary of the original issuance of the most recently issued public report for a phase of the development. (c) on 19 SECTION 4. 02. 1. PROXIES. At all meetings of the members , each member shall be entitled to vote either in person or by proxy. A1.1 proxies shall be in writing and filed with the Secretary. Each proxy shall be revocable , shall automatically cease upon the conveyance by the member of his lot, and shall, in any event, automatically terminate eleven (11) months after it is issued. SECTION 4. 02. 2. CUMULATIVE VOTING. Cumulative voting shall be prescribed for all elections in which two or more positions on any governing body are to be filled. Voting for any govern- ing body shall be by secret ballot. SECTION 4. 03. BOARD OF DIRECTORS. The affairs of the Association shall be managed by a Board of Directors which need not be members of the Association. SECTION 4. 03. 1. The Board of Directors shall consist of five (5) Directors. SECTION 4. 03. 2. ELECTION. At the first annual meeting of the Assocation the members shall elect three (3) Directors for a term of one (1) year and two (2) Directors for a term of (2) years; and at each annual meeting thereafter the members shall elect Directors for a term of two (2) years to succeed those Directors whose terms have expired. -6- SECTION 4. 03. 3. REMOVAL. Any Director may be removed by the Board, with or without cause, by a majority vote of the mem- bers of the Association. However, unless the entire Board is removed, an individual Director shall not be removed if the number of shares voted against the resolution for his removal exceeds the quotient arrived at when the total number of out- standing shares entitled to vote is divided by one plus the authorized number of Directors. In the event of death, resig- nation or removal of a Director, his successor shall be elected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. If the whole Board is removed, new elections shall be held as soon as possible. SECTION 4. 03. 4. SPECIAL PROCEDURE. So long as a majority of the voting power of the Association resides in the subdivider, or so long as there are two outstanding classes of membership in the Association, one member of the Board of Directors shall be elected solely by the votes of the owners other than the sub- divider. (1) A Board of Directors member who has been elected to the office solely by the votes of the members of the Associ- ation other than the subdivider may Ye removed from office prior to the expiration of the term of office only by the vote of at least a simple majority of the voting power residing in the mem- bers other than the subdivider. SECTION 4. 03. 5. COMPENSATION. No Director shall receive compensation for any services rendered to the Association. How- ever, any director may be reimbursed for his actual expenses incurred in the performance of his duties. SECTION 4. 03. 6. ACTION TAKEN WITHOUT A MEETING. Any action required or permitted to be taken by the Board of Directors may be taken without a meeting if all the members of the Board shall individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. Any action so approved shall have the same effect as if taken at the meeting of the Board of Directors. SECTION 4. 04. NOMINATION AND ELECTION OF DIRECTORS. SECTION 4. 04. 1. NOMINATION. Nominations for the office of member of the Board of Directors shall be made by a Nominat- ing Committee consisting of a Chairman, who shall be a member of the Board of Directors , and two or more members of the Associ- ation, all of whom shall be appointed by the Board of Directors prior to each annual meeting of the members , to serve from the close of such annual meeting until the close of the next annual meeting. The Nominating Committee shall be make as many nomi- nations for election to the Board of Directors as it shall in -7- its discretion determine, but not less than the number_ of vacan- cies that are to be filled. Nominations may also be made by members from the floor at the annual meeting or such other meet- ing at which the members of the Board of Directors are to be elected. Such nominations may be made from among members or nonmembers. SECTION 4. 04. 2. ELECTIONS. • Election to the Board of Directors shall be made by secret written ballot. At such election members or their proxies may be cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The person receiving the largest number of votes shall be elected. Cumulative voting is expressly permitted. SECTION 4. 05. MEETINGS OF DIRECTORS. SECTION 4. 05. 1. REGULAR MEETINGS. Regular meetings of the Board of Directors shall be held monthly without notice, at such place within the subdivision and at such hour as may be fixed from time to time by resolution of the Board. Should such a meet- ing fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. SECTION 4. 05. 2. NOTICE OF REGULAR MEETINGS. Notice of the time and place of a regular meeting of the Board of Directors shall be posted at least four (4) days before such meeting at a prominent place or places within the Common Area. SECTION 4. 05. 3. SPECIAL MEETINGS. Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any two directors, after not less than three (3) days notice to each director and such meetings must be held within the subdivision. SECTION 4. 05. 4. MEETINGS OPEN TO MEMBERS. Regular and special meetings of the governing body shall be open to all members of the Association provided, however, that Association members who are not on the governing body may not participate in any deliberation or discussion unless expressly so authorized by the vote of a majority of the quorum of the governing body. (a) The governing body may, with the approval of the majority of a quorum of its members , adjourn the meeting and reconvene in executive session to discuss and vote upon personal matters, litigation in which the Association is or may become involved, and orders of business of similar nature. The nature of any and all business to be considered in executive session shall first be announced in open session. SECTION 4. 05. 3. QUORUM. A majority of the number of direc- tors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. -8- SECTION 4. 06. POWERS AND DUTIES OF THE BOARD OF DIRECTORS. SECTION 4. 06. 1. POWERS. The Board of. Directors powers shall include, but not be limited to, the following: (1) enforcement of the applicable provisions of the Conditions, Covenants and Restrictions, Articles, By-Laws and other instruments for the ownership, management and control of the subdivision. (2) payment of taxes and assessments which are, or could become, a lien on the Common Area or portion thereof. (3) contracting for casualty, liability and other insurance on behalf of the Association. (4) contracting for goods and/or services for Common Areas, facilities in interest or for the Association subject to the limitations set forth below. (5) delegation of its duties to committees , officers or employees of the Association as expressly authorized by the governing instruments. (6) preparation of budgets and financial statements for the association as prescribed in the governing instruments. (7) formation of rules of operation of the Common Areas and facilities owned or controlled by the Association. (8) initiation and execution of disciplinary proceed- ings against members of the Association for violations of pro- visions of any governing instruments in accordance with the procedures set forth in the governing instruments. (9) entering upon any privately owned subdivision interest as necessary in connection with the construction , main- tenance or emergency repair for the benefit of the Common Areas or the owners in common. SECTION 4. 06. 2. ACTIONS THAT NEED MEMBERSHIP APPROVAL. The Board of Directors of the Association shall ordinarily be prohibited from taking any of the following actions , except with the vote or written assent of a majority of the voting power of the Association residing in the Members other than the subdivider: (1) entering into a contract with a third person wherein the third person will furnish goods and services for the Common Area or the Homeowners Association for a term longer than one year with the following exceptions: A. a management contract, the terms of which have been approved by the appropriate government agencies. -9- i 1 B. a contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission provided, however, that the terms of the contract shall not exceed the shortest term for which the supplier will contract at a regulated rate. C. prepaid casualty and/or liability insurance policies of not to exceed three years duration provided that the policy permits for a short rate cancellation by the insured. (2) incurring aggregate expenditures for capital improvements to the Common Area in any fiscal year in excess of five percent (5%) of the budgeted gross expenses of the Associ- ation for that fiscal year. (3) selling during any fiscal year property of the Association having an aggregate fair market value of five per- cent (5%) of the budgeted gross expenses of the Association for that fiscal year. (4) paying compensation to members of the governing board or to the officers of the Association for services per- formed in the conduct of the Association ' s business provided, however, that the governing body may pause a member or officer to be reimbursed for expenses incurred in carrying on the busi- ness of the Association. SECTION 4. 06. 3. DUTIES. It shall be the duty of the Board of Directors to: (a) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class A Members who are entitled to vote; (b) financial statements for the Association shall be regularly prepared and copies shall be distributed to each Member of the Association as follows: (1) a performance or operating statement (budget) for each fiscal year shall be distributed not less than sixty (60) days before the beginning of the fiscal year. (2) a balance sheet--as of an accounting date which is the last day of the month closest in time to six (6) months from the date of closing of the first sale of an interest in the subdivision--and an operating statement for the period from the date of the first closing to the said accounting date, shall be distributed within sixty (60) days after the accounting date. This operating statement shall include a schedule of the assessments received and receivable identified by the number of the subdivision interest and the name of the entity assessed. -10- (3) a balance sheet as of the last day of the Association' s fiscal year and an operating statement for said fiscal year shall be distributed within ninety (90) days after the close of the fiscal year. (c) ordinarily an external audit by an independent public accountant shall be required for fiscal year financial statements (other than budgets) for every fiscal year. (d) supervise all officers, agents and employees of the Association, and see that their duties are properly per- formed; (e) as more fully provided herein; .(1) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period; (2) send written notice of each. assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; and (3) foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the Owner personally obligated to pay the same; (4) impose monetary penalties, temporary sus- pensions of an Owner' s rights as a Member of the Association or appropriate discipline for the failure to comply with a govern- ing instrument; provided, however, the accused must be given notice and an opportunity to be heard by the Board of Directors with respect to the alleged violation before a decision to impose discipline is reached. (f) issue, or cause an appropriate officer to issue , upon demand by any person, a certificate indicating the status of any assessment, whether delinquent or paid. A reasonable charge may be made by the Board for the issuance of these cer- tificates. Such certificate shall ,be conclusive evidence of payment of any assessment therein stated to Gave been paid; (g) procure and maintain adequate liability and hazard insurance on property owned by the Association; (h) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; (i) cause the Common Area to be maintained. -11- SECTION 4. 07. OFFICERS AND THEIR DUTIES. SECTION 4 . 07. 1. ENUMERATION OF OFFICERS. The officers of the Association shall be President and Vice-President, who shall at all times be members of the Board of Directors, a Secretary and a Treasurer, and such other officers as the Board may from time to time by resolution establish. SECTION 4. 07. 2. ELECTION OF OFFICERS. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members . Annual and special meetings of members shall be held within the prop= erties or as close thereto as practicable. SECTION 4 . 07. 3. TERM. The officers of the Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise be disqualified to serve. SECTION 4 . 07. 4 . SPECIAL APPOINTMENTS . The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such author- ity, and perform such duties as the Board may, from time to time, determine. SECTION 4 . 07. 5. RESIGNATION AND REMOVAL. Any officer may be removed from office with or without cause by the Board. Any officer_ may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be neces- sary to make it effective. SECTION 4 . 07 . 6 . VACANCIES. A vacancy in any office may be filled by election held by the Board of Directors for that or any other purpose. The officer elected to such vacancy shall serve for the remainder of the term of the officer he replaces. SECTION 4 . 07. 7. MULTIPLE OFFICES . The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of the other offices except in the case of . special offices created pursuant to Section 4 of this Article. SECTION 4 . 07. 8. DUTIES. The duties of the officers shall be as follows: President (a) The President shall preside at all meetings of the Board of Directors ; shall implement the orders and resolu- tions of the Board; shall sign all leases, mortgages , deeds .and -12- other written instruments and shall sign all promissory notes of the Association. Vice-President (b) The Vice-President shall act in the place and stead of the President in the event of his absence, inability or. refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. Secretary . (c) The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring such seal; serve notice of meetings of the Board and of the members; keep, or cause to be kept, appro- priate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board. Treasurer (d) The Treasurer shall receive and deposit in approp- riate bank accounts all monies of the Association and shall dis- burse such funds as directed by resolution of the Board of Directors; shall sign all promissory notes of the Associationi keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be pre- sented to the membership at its regular annual meeting, and cause a copy thereof to be delivered to each member within ninety (90) days after the end of the fiscal year of the Associ- ation. The Treasurer may delegate the foregoing duties (except the duty to affix his signature to documents) to any person adequately covered by a fidelity bond unless expressly pro- hibited therefrom by the Board. SECTION 4. 08. BOOKS AND RECORDS. The books , records and. papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, Articles of Incorporation, By-Laws of the Associ- ation shall be available for inspection by any member at the principal offices of the Association, and copies shall be made available for purchase at a reasonable cost. SECTION 4. 09. LIABILITY OF BOARD MEMBERS, OFFICER AND MANAGER. No member of the Board, officer of the Association, or the manager, shall be personally liable to any owner , or any other party, for any damage, loss or prejudice separate or claimed on account of any act or omission of the Association, the Board, the manager or any other representative or employees of the -13- Association, or the architectural committe, provided that such member, or manager, has , upon the basis of such information as may be possessed by him, acted in good faith. ARTICLE V ARCHITECTURAL CONTROL SECTION 5. 01. ARCHITECTURAL APPROVAL. No building, fence, wall or other structure shall be commenced, erected, altered, or repaired upon the properties , nor shall any exterior addition to or change .or alteration therein be made until the plans and speci- fications showing the nature, kind, shape, height, materials , color, and location of the same have been submitted to and approved in writing as to harmony of external design and location in re- lation to the surrounding structures and topography by the Architectural Committee provided for in Section 5. 02 hereof. SECTION 5. 02. ARCHITECTURAL COMMITTEE. There shall be an Architectural Committee, organized as follows: SECTION 5. 02. 1. COMPOSITION. The Committee for the control of structural and landscaping architecture and design (the Architectural Control Committee) within the subdivision shall consist of five (5) members. SECTION 5. 02. 2. COMMITTEE COMPOSITION. The Declarant may appoint all the original members of the Architectural Control Committee and all replacements until the first anniversary of the issuance of the initial public report for the first phase of the subdivision. The Declarant may reserve to himself the power to appoint a majority of the members of the Committee until ninety percent (900) of all the subdivision interest in the overall development has been sold or on the fifth anniversary of the original issuance of the final public report on the first phase of the subdivision, whichever occurs first. SECTION 5. 02. 3. ASSOCIATION CONTROL. After_ one year from the date of the issuance of the original public report for the first phase of the subdivision, the governing body of the Associ- ation shall have the power to appoint one member of the Architec- tural Control Committee until ninety percent (900) of the sub- division interest in the overall development has been sold or until the fifth anniversary of the original issuance of the final public report for the first phase of the subdivision, whichever comes first. Thereafter, the Board of Directors of the Associ- ation shall have the power to appoint all members of the Archi- tectural Control Committee. -14- SECTION 5. 02. 4. TERM OF OFFICE. The members of the Architectural Committee Shall be appointed by the Board of Directors for a term of two (2) years. SECTION 5. 02. 5. RESIGNATIONS. Any member of the Archi- tectural Control Committee may at any time resign from the Committee by giving written notice thereof to the Board of Directors. SECTION 5. 02. 6. VACANCIES. Vacancies on the Architectural Committee, however caused, shall be filled by the Board of Directors. A vacancy or vacancies on the Architectural Committee shall be deemed to exist in case of death, resignation, or re- moval of any member. SECTION 5. 02. 7. DUTIES. It shall be the duty of the Architectural Committee to consider and act upon any and all proposal or plans submitted to it pursuant to the terms hereof, to adopt Architectural Committee rules, to perform other duties designated to it by the Board, and to carry out all other duties imposed upon it by the Deep Canyon covenants. SECTION 5. 02. 8. MEETINGS AND CO?'PENSATION. The Architec- tural Committee shall meet from time to time as necessary to perform its duties hereunder. The vote or written consent of any three (3) regular members, at a meeting or otherwise, shall constitute the act of the Committee unless the unanimous decision of the Committee is required by any other provision of the Hidden Palms covenants. The Committee shall keep and maintain a written record of all actions taken by it at such meetings or otherwise. Members of the Architectural Committee shall be entitled to reimbursement from the Hidden Palms Homeowners Association for all reasonable expenses incurred by them in the performance of any Architectural Committee functions not otherwise reimbursed by the charges they may charge to it. SECTION 5. 02. 9. ARCHITECTURAL COMMITTEE RULES. The Architectural Committee may, from time to time, in its sole and absolute discretion, adopt, amend and repeal, by unanimous vote or written consent, rules and regulations, to be known as "ARCHITECTURAL COMMITTEE RULES" . Said Rules shall interpret and implement the Hidden Palms covenants by setting forth the standards and procedures for Architectural Committee review and the guidelines for architectural design, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features which are recommended for use in Hidden Palms subdivision. SECTION 5. 02. 10. WAIVER. The approval of the Architectural Committee of any plans, drawings or specifications for any work done or proposed, or for any other matter requiring approval of the Architectural Committee under Hidden Palms covenants, shall not be deemed to constitute a waiver of any right to withhold approval of any similar plans, drawings, specifications or matters subsequently submitted for approval. -15- 1 SECTION 5. 02. 11. FAILURE TO ACT. In the event said Commit- tee, or its designated representatives , fails to approve or dis- approve such design and location within thirty (30) days after said plans or specifications have been submitted to it, approval shall not be required, and this Article will be deemed to have been fully complied with. SECTION 5. 02. 12. LIABILITY. Neither the Architectural Committee nor any member thereof shall be liable to the Hidden Palms Homeowner Association, any owner, or to any other party for any damage, loss or prejudice suffered or claimed on account of: (a) The approval or disapproval of any plans , draw- ings or specifications, whether or not defective; (b) The construction or performance of any work, whether or not pursuant to approved plans , drawings and speci- fications, or (c) The development of any property within Hidden Palms subdivision without in any way limiting the generality of any of the foregoing provisions of this Section. The Architectural Committee or any member thereof , may, but is not required to, consult with or hear the views of the Homeowners Association or any owner with respect to any plans , drawings , specifications , or any other proposal submitted to the Archi- tectural Committee. ARTICLE VI APPLICATIONS TO ARCHITECTURAL CONTROL COMMITTEE SECTION 5. 01. APPLICATION FOR APPROVAL OF IMPROVEMENTS. Any owners, except the Declarant, proposing to make any improve- ment of any kind whatever which, under Section 5 . 01 hereof requires the prior approval of the Architectural_ Committee shall apply for approval by delivering to such Committee written appli- cation describing the nature of the proposed improvement together with the following documents and information, in such number of copies as said Committee may require: 1. A plot plan of the affected property showing the location of existing and proposed improvements. 2. Floor plans. 3. Drawings showing all elevations. 4. A description of exterior materials and color, with color samples. 5. The proposed construction schedule of the owner. The Architectural Committee may require that every written appli- cation for approval in connection with any proposed improvement be accompanied by a non-refundable examination and inspection fee to be paid to the Architectural Committee. Such fee shall be used to cover expenses of the Committee incurred in connection with each application, and any excess shall be refunded to the applicant. In no event may any fee exceed $100. 00 . In addition, the Architectural Committee may require a Two Hundred Dollar (.$200. 00) cleanup deposit be submitted before work is begun. This deposit is to be returned after the work is completed or abandoned and worksite has been returned to a satisfactory state. SECTION 6. 01. 1. BASIS FOR APPROVAL OF IMPROVEMENTS. The Architectural Committee shall grant the requested approval only if said Committee determines, in its sole and absolute discretion, that: 1. The owner shall have strictly complied with the -provisions of Section 6. 01. 2. The proposed improvement conforms to the Hidden Palms covenants, particularly to the requirements and restric- tions of this Section, and to the Architectural Committee Rules. in effect at the time the application for approval was submitted. 3. The proposed improvement is compatible with the standards of Hidden Palms and the purposes of the Hidden Palms subdivision as to quality of workmanship and materials , as to harmony of external design with existing structures, as to location with respect to topography and finished grade elevations. SECTION 6. 01. 2. FORM OF APPROVAL. All approvals given under the foregoing Section 5. 03. 1 shall be in writing. One set of plans as finally approved shall be retained by the Architectural Committee as a permanent record. SECTION 6. 02. 1. PROCEEDING WITH WORK. Upon receipt of approval from the Architectural Committee pursuant to Section 5. 02. 11 or 6. 01. 2 , the owner shall, as soon as practicable, (and upon the issuance of permit by the applicable governmental agency) , satisfy all terms and conditions thereof and diligently proceed with the commencement and completion of all construction, refinishing, alterations and excavations pursuant to said approval provided, however, such commencement shall occur, in all cases , within one year from the date of such approval if upon the application of an owner. If the owner shall fail to comply strictly with this paragraph, any approval given pursuant to Sections 5. 02. 11 or 6. 01. 2 of these Articles shall be deemed revoked unless the Architctural Committee, upon written request of the owner made prior to the expiration of said one-year period, extends the time of such commencement. No such exten- sion shall be granted except upon a finding by the Architectural -17- Committee, in its sole and absolute discretion, that there has been no change in the circumstances under which the original approval was granted. SECTION 6. 02. 2. FAILURE TO COMPLETE WORK. The owner shall, in any event, complete the contruction, reconstruction, re- finishing or alteration of any such improvement within six months after commencing construction thereof, except and for so long as such completion is rendered objectively impossible or would result in great hardship to the owner due to labor disputes, fires , , national emergencies, natural calamities or other supervening forces beyond the reasonable control of the owner or his agents. If the owner fails to comply strictly with this paragraph, the Architectural Committee shall notify the Homeowners Association of such failure, and the Homeowners Association shall proceed in accordance with the provision of the following Section 6. 02. 3 as though the failure to complete the improvement constituted a non-- compliance with approved plans. SECTION 6. 02. 3. INSPECTION OF WORK. Inspection of work and correction of defects therein shall proceed as follows : 1. Upon the completion of any construction or recon- struction or the alteration or refinishing of the exterior or any improvements, or upon the completion of any other work for which approved plans are required under this Article, the owner shall give written notice of completion to the Architectural Committee. 2. Within sixty (60) days thereafter, the Archi- tectural Committee or its duly authorized representative, may inspect such improvement to determine whether it was constructed, reconstructed, altered or refinished in substantial compliance with the approved plans. If the Architectural Committee finds that such construction, reconstruction, alteration or refinish- ing was not done in substantial compliance with the approved plans, it shall notify the owner in writing of such non- compliance within such sixty (60) day period, specifying the particulars of non-compliance , and shall. require the owner to remedy such non-compliance. 3. If upon the expiration of thirty (30) days from the date of such notification, the owner shall have failed to remedy such non-compliance, the Architectural Committee shall notify the Board in writing of such failure. The Board shall then set a date on which a hearing shall be held before it regarding the alleged non-compliance. The hearing date shall be not more than thirty (30) days nor less than fifteen (15) days after notice of non-compliance is given to the Board by the Architectural Committee. Written notice of the hearing date shall be given at least ten (10) days in advance thereof by the Association to the owner, the Architectural Committee and, in the discretion of the Board, to any other interested party. -18- 4. At the hearing the owner, the Architectural Committee, and in the Board' s discretion, any other interested person, may present information relevant to the question of the alleged non-compliance. After considering all such information, the Board shall determine whether there is a non-compliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a non-compliance exists, the Board shall announce its ruling at the conclusion of the hearing and, promptly thereafter, shall direct the owner in writing to remedy or remove the same within a period of not more than forty-five (45) days from the date of announcement of the Board ruling. If the owner does not comply with the Board ruling within such period or within any extension of such period as the Board , in its discretion, may grant, the Board, at its option, may either remove the non-complying improvement or remedy the non-compliance , and the owner shall reimburse the Association, upon demand, for all expenses incurred in connection therewith. If such expenses are not promptly repaid by the owner to the Association, the Board shall levy a reimbursement assessment against such owner pursuant to Article xII hereof. 5. If for any reason the Architectural Committee fails to notify the owner of any non-. compliance within. sixty (60) days after receipt of said written notice of completion from the owner, the improvement shall be deemed to be in accord- ance with said approved plans. ARTICLE VII EASEMENTS AND COMMON WALLS SECTION 7. 01. This Declaration of Covenants , Conditions and Restrictions shall be subject to all easements heretofore or hereafter granted by the Declarant or its successors and assigns for the installation and maintenance of utilities and drainage facilities that are reasonably necessary to the develop- ment of the Properties. SECTION 7. 02. UTILITY EASEMENTS. The rights and duties of owners of the lots within the Properties with respect to sanitary sewer and water, electricity, gas, cable television, telephone lines, and drainage facilities shall be governed by the following: SECTION 7. 02. 1. Wherever sanitary sewer house connections and/or water house connections or electricity, gas, cable tele- vision, or telephone lines, or drainage facilities are installed within the properties, in which the connections , lines or facilities, or any portion thereof, lie in or upon lots owned by others than the owner of a lot served by said connections, the owners of any lots served by said connections, lines, or facilities shall have the right, and are hereby granted an easement to the full extent necessary therefor, to enter upon the lot or to have utility companies enter upon the lots within -19- the Properties in or upon which said connection, line or fac- ilities, or any portion thereof , lie, to repair, replace and generally maintain said connections as and when the same may be necessary as set forth below.. SECTION 7. 02. 2. Whenever sanitary sewer house connection and/or water house connections or electricity, gas, or cable television lines., telephone lines ,or drainage facilities are installed within the property, which connections serve more than one lot, the owner of each lot served by said connection shall be entitled to the full use and enjoyment of such portions of said connections as services his lot. SECTION 7. 02. 3. Easements over the Properties for the installation and maintenance of electricity, telephone , tele- vision, water, gas, and sanitary sewer lines and drainage facilities as shown upon the recorded tract map of the Prop- erties, are hereby reserved by the Declarant together with the right to grant and transfer the same. SECTION 7. 02 . 4. COMMON AREAS. Subject to the limitations imposed in Article IX each owner shall have a right and ease- ment of enjoyment in and to the Common Area of the Properties. Such easement shall be appurtenant and shall pass with the title to each lot. SECTION 7. 03. EASEMENTS FOR ENCROACHMENTS. Each lot and its owner within the Properties is hereby declared to have an easement, and the same is granted by the Declarant, over all adjoining lots and the Common Area for the purpose of accommo- dating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the buildings , or any other cause. There shall be easements for the mainten- ance of said encroachment, settling or shifting; provided, however., that in no event shall an easement for encroachment be created in favor of an owner or owners if said encroachment occurred due to willful misconduct of the owner or owners. In the event that a structure on any lot is partially or totally destroyed, and then repaired or rebuilt, the owners of each lot agree that minor encroachments over adjoining lots shall be permitted and there shall be easements for maintenance of said encroachments so long as they exist. SECTION 7. 04. EASEMENT FOR OVERHANGING ROOFS. Each lot within the Properties is hereby declared to have an easement for overhanging roofs and eaves as originally constructed over each adjoining lot and/or the Common Area and for the mainten- ance thereof. SECTION 7. 05. COMMON WALLS . Each wall which is built as part of the original construction of the homes upon the prop- erty and is placed on the lot so as to abut or adjoin a dwell- ing constructed on a contiguous lot, shall constitute a common wall, and to the extent not inconsistent with the provisions -20- of this Article, the general rules of law regarding common walls and or liability for property damage due to negligence or willful acts or omissions shall apply thereto. Each owner of a lot upon which there exists a common wall shall own to the center of the wall. SECTION 7. 05. 1. The owner of each lot upon which there is located a common wall shall have a reciprocal, non-exclusive easement to each contiguous lot for the purpose of maintaining the common wall. The cost -of reasonable repair and maintenance of a common wall shall be shared by the owners who make use of the wall in. proportion to such use. SECTION 7. 05. 2. If a common wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it, and if the other owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in a proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the others under any rule of law regarding liability for neg- ligent or willful acts or omissions . SECTION 7. 05. 3. Notwithstanding any other provisions of this Article, an owner who by his negligent or willful act causes the common wall to be exposed to the elements shall bear the cost of furnishing the necessary protection against such elements. SECTION 7. 05. 4. The right of any owner to contribution from any other owner under this Article shall be appurtenant to the land and shall pass to such owner' s successors in title. SECTION 7. 05. 5. In the event of any dispute arising con- cerning a common wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision of the majority of the arbitrators shall be final and conclusive of the question involved. SECTION 7. 06. Easements over the lot that are required in order that the Association may carry out its duties and powers as set forth in Articles V and XI of these covenants, are reserved by the Association, its successors or assigns. SECTION 7. 07. APPURTENANT EASEMENTS. Each of the easements hereinabove referred to shall be deemed to be established upon the recordation of these covenants and shall be appurtenant to the lot being serviced and shall pass with each conveyance of said lot. -21- 1 ARTICLE VIII USES Or, AND RESTRICTIONS ON LOTS SECTION 8. 01. RESIDENTIAL USES ONLY. Each lot within the Properties, except for the Common Area, shall be improved, and used and occupied only for private residential purposes. SECTION 8. 02. ANIMALS. No animals or birds, other than a reasonable number of generally recognized house or yard pets , shall be maintained on any lot within the Properties and then only if they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes. No animal or bird- shall be allowed to make an unreasonable amount of noise, or become a nuisance. Upon written request of any owner, the Board shall conclusively determine, in its sole and absolute discretion, whether, for the purposes of this paragraph, a particular animal or bird is a generally recognized house or yard pet or a nuisance or whether the number of animals or birds on any such property is reasonable. SECTION 8. 02. ANTENNAS. Unless otherwise permitted by the Association, no antenna or other device for the trans- mission or reception of television signals, radio signals or any form of electromagnetic radiation shall be directed, used or maintained outdoors on any property within the Properties, whether attached to the building or structure or otherwise. SECTION 8. 03. BUSINESSES. No part of the Properties shall ever be used or caused to be used for any business, commerical, manufacturing, merchantile, storing, vending or such other non-residential purposes, except Declarant, its successor or assigns and the owners of Tract annexed pursuant to Article XV hereof may use the Properties for a model home site, and display and sales offices during the construction and sales. SECTION 8. 04. TEMPORARY OCCUPANCY. No trailer, basement of any complete building, tent, shack, garage, or barn and no temporary building or structure of any kind shall be used at any time for a residence on any property within the Properties, either temporary or permanent. Temporary buildings or struc- tures used during the construction of a dwelling on any such property shall be removed immediately after completion of con- struction. SECTION 8. 05. TRAILERS, BOATS, AND MOTOR VEHICLES. No mobile home, trailer of any kind, camper, permanent tent or similar structure, or boat, shall kept, placed, maintained, constructed, reconstructed or repaired, nor shall any motor vehicle be constructed, reconstructed or repaired, on any property or street (public or private) within the Properties in such a manner as it will be visible from neighboring prop- erty; provided, however, that the provisions of this para- -22- graph shall not apply to emergency vehicle repairs or tempor- ary construction shelters or facilities maintained and used exclusively in connection with, the construction of any improvements approved by the Architectural Committee. SECTION 8. 06. IMPROVEMENTS AND ALTERATIONS. No improve- ments, excavation or other work which in any way alters the exterior appearance of any property within the Properties or the improvements located thereon from its natural or unimproved state existing on the date such lot was first conveyed in fee by the Declarant, shall be made or done without prior approval of the Architectural Committee, except as otherwise expressly provided in these covenants. SECTION 8. 07. SIGNS. Signs shall not be permitted other than those complying with local laws and regulations. SECTION 8. 08. NUISANCES. No rubbish or debris of any kind shall be placed or permitted to accumulate upon or 'adjacent to any property within the subdivision, and no odor shall be permitted to arise therefrom, so as to render any such property or portion thereof unscnitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or its occupants. No nuisance shall be permitted to exist or operate upon any such property so as to be offensive or detrimental to any other property in the vicinity thereof or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices, except for security devices used exclusively for security purposes , shall be located, used or placed on any such lots. SECTION 8. 09. MAINTENANCE OF LAWNS AND PLANTING. Except as the same may in fact be maintained by the Association, each owner of property within the subdivision shall keep all shrubs, trees, grass and plantings of every kind on his property, includ- ing setback areas and planted areas between adjacent sidewalks and the street curb, if any, and on any Common Area located between the boundary line of his property and the street (public or private) on which his property abuts, neatly trimmed, prop- erly cultivated and free of trash, weeds and other unsightly materials. If any owner fails to comply with the provisions of this Section, the Association may, after adequate notice, and during reasonable business hours , ,enter onto the property and repair, maintain and trim the above-mentioned areas . The cost of such maintenance shall be assessed against the owner of the lot in accordance with the provisions of Article XII. The owner of such lot does hereby grant the Association an easement to the Association and/or its agents, to enter on his land and perform any actions required by this Section. Such easement shall be considered appurtenant to the land , and run with the land or be an equitable servitude on the land. -23- SECTION 8. 10. REPAIR OF BUILDINGS. No building or structure upon any property within the subdivision shall be permitted to fall into disrepair, and each such building or structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished. SECTION 8. 11. TRASH COLLECTION AND CONTAINERS. No garbage. or trash shall be placed or kept on any property within this subdivision except in covered containers of the type , size and style which are approved by the Board. In no event shall such containers be maintained so as to be visible from neighboring property except to make the same available for collection and, then, only the shortest time reasonably necessary to affect such collection. SECTION 8. 12. CLOTHES DRYING FACILITIES. Outside clothes- lines or other outside facilities for drying or airing clothes shall not be erected, placed, or maintained on any property within this subdivision. SECTION 8. 13. MINERAL EXPLORATION. No property within the subdivision shall be used in any manner to explore for or remove any water, oil, or other_ hydrocarbons, mineral of any kind, gravel, earth or any earth substance of any kind. SECTION 8. 14. RIGHT OF ENTRY. During reasonable business hours, the Declarant, any member of the Architectural Committee, any member of the Board, or any authorized representative of any of them, shall have the right to enter upon and inspect any property within the subdivision, and the improvements thereon, for the purpose of ascertaining whether or not the provisions of the Hidden Palms covenants have been or are being complied with, and such person shall not be deemed guilty of trespass by reason of such entry, provided that at least twenty-four (24) hours notice shall be given to the owner_ before any such entry. SECTION 8. 15. MACHINERY AND EQUIPMENT. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any property within the subdivision. except such machinery or equipment as is usual and customary in Riverside County, California in connection with the use , main- tenance or construction of private residences or appurtenant structures. SECTION 8. 16. DISEASES AND INSECTS. No owner shall per- mit any thing or condition to exist upon any property within the subdivision which shall induce, breed or harbor infectious plant diseases or noxious insects. -24- SECTION 8. 17. RESTRICTION ON FURTHER SUBDIVISION. No lot within the Properties shall be further subdivided, and no portion less than all of any such lot, nor any easement or other interest therein, shall be conveyed by any owner without the prior written approval of the Association. SECTION 8. 18. FENCES. No fences of any type or material shall be permitted to be erected on any lot in the Properties, above three feet (3' ) in height, without prior approval of the Architectural Committee. SECTION 8. 19. LOT SIZE. All lots shall be a minimum of forty-five hundred (4, 500) square feet. Any modification of a proposed lot pattern that results from any condition attached by the City shall not be construed as a right to reduce the square footage of lots to less than forty-five hundred (4 , 500) square feet. SECTION 8. 20. CARD KEY BARRIERS. Entrances to the tract equipped with card key operated barriers or other restrictions to the free flow of traffic shall be provided with stacking space outside the travelled way of the adjoining public streets, for eight (8) vehicles. ARTICLE IX ' PROPERTY RIGHTS SECTION 9. 01. Every owner shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with title to every lot and may not be severed from the lot. The above-mentioned ease- ment shall be subject to the following provisions: SECTION 9. 01. 1. The right of the Association to limit the number of guests of the members; SECTION 9. 01. 2. The right of the Associaton in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Area and in aid thereof to mortgage the Common Area. SECTION 9. 01. 3. The right of the Association to suspend the voting rights of any owner for a period during which any assessment against the owner' s lot remains unpaid; and for a period not to exceed thirty (30) days after notice and hearing for any infraction of its public rules and regulations ; SECTION 9. 01. 4. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless the instrument -25- has been signed by the Secretary of the Association certifying that such dedication, sale or transfer has been approved by two-thirds (2/3) of the voting power of both classes of members. SECTION 9. 01. 5. Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area to members of his family, his tenants, or contract purchasers who reside on his lot. SECTION 9. 01. 6. Each lots and owner within the Properties is hereby declared to have an easement, and the same is hereby granted by the Declarant, over all adjoining lots and Common Area for the purposes of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other cause. There shall be easements for the maintenance of said encroachments, settling or shifting; provided, however, that in no event shall an ease- ment for encroachment be created in favor an owner or owners if said encroachment occurred due to the willful misconduct of said owner and owners. In the event any structure on any lot is partially or totally destroyed, and then repaired or rebuilt, the owners of each lot agree that minor encroachments over adjoining lots shall be permitted and there shall be easements for the maintenance of said encroachments so long as they exist. ARTICLE X COMMON AREA SECTION 10. 01. USE OF RECREATIONAL FACILITIES. The use of Common Area recreational facilities shall be in accordance with rules and regulations adopted by the Board of Directors of the Hidden Palms Homeowners Association. SECTION 10. 02. COMMON AREA PARKING FACILITIES. The use of Common Area parking facilities shall be in accordance with the rules and regulations adopted by the Board of Directors, and unless and except as such rules and regulations may specifically otherwise provide, Common Area parking facilities shall not be used for parking in excess of four (4). hours by any boat, camper, or truck, nor for overnight parking of any vehicle (regardless of type) other than vehicles of temporary guests of residents, it being the intent that the residents shall utilize the parking facilities with their respective lots and keep the Common Area parking area free for use of guests. Common Area parking facilities shall not be used for vehicle washing or repair. SECTION 10. 02. 1. The Common Area shall be maintained in an attractive and safe manner suitable to full enjoyment of the open spaces and all improvements located thereon. The Board of Directors, as herein provided, shall levy and assess against all owners for the erection of any buildings, maintenance, upkeep, taxes , insur- ance, and any other charges against the Common Area. -26- . • 1 SECTION 10. 03. LIMITATION ON CONSTRUCTION. No person other than the Homeowners ' Association, or its duly authorized agents shall construct, reconstruct, refinish, alter or maintain any improvement upon, or shall make or create any excavation or fill upon, or shall change the natural or existing drainage of or shall destroy or remove any trees , shrubs or other vegatation from the Common Area or recreational area. ARTICLE XI MAINTENANCE OF THE PROPERTIES SECTION 11. 01. COMMON AREA MAINTENANCE. The Hidden Palms Homeowners shall maintain all common and recreational areas of the Properties and• any improvements thereon. The Board of Directors , as hereinafter provided, shall levy and assess against all owners for maintenance upkeep, taxes, insurance and other charges against the Common Area and the recreational area. SECTION 11. 02. PARKWAY MAINTENANCE. The Association cove- nants to assume responsibility in perpetuity to maintain the parkway areas of 44th Avenue and Deep Canyon Road (description attached as "Exhibit D" and incorporated herein by this reference) . SECTION 11. 03. YARD MAINTENANCE. The Association cove- nants to maintain the front yard of each lot to the front fence of each lot, except on corner lots . The Association shall main- tain the front yards of corner lots to the fence line as shown in "Exhibit E" attached hereto and incorporated by this reference. ARTICLE XII FUNDS AND ASSESSMENTS SECTION 12. 01. OPERATING FUND. The Board shall establish an operating fund for the Association into which shall be deposited all monies paid to the Association, and from which disbursements shall be made in performing the functions of the Association under the Hidden Palms Covenants . Funds of the Association must be used solely for purposes related to .those areas and improve- ments owned by the Association or subject by this Declaration to maintenance and assessment. SECTION 12. 02. OPERATION AND MAINTENANCE ASSESSMENTS. A. REGULAR ASSESSMENTS. At least thirty (30) days prior to the commencement of each fiscal year, the Board shall prepare and adopt a budget for the Association reflecting the gross estimate of the expenses to be incurred by the Association during such fiscal year in performing its functions under the Hidden Palms Covenants (including a reasonable provision for contingencies and replacements) . There shall be subtracted from such gross estimate -27- of expenses an amount equal to the anticipated balance (exclusive of any reserves which the Board may establish) in the operating fund at the start of such fiscal year which is attributable to regular and special assessments for the preceding fiscal year. The net estimate of expenses so determined shall be assessed to all owners of lots then within Hidden Palms (including developer) by dividing the net estimate of expenses by the total number of such lots then within Hidden Palms (including those, if any, which may then be owned by developer) and assessing the resulting amount to the owner of each and such lots (including developer insofar as it or they then have or retain ownership of any such lots providing that the assessment as to any lots owned by the developer shall not become effective until recordation of a notice of completion of a residence tract, and the developer shall not be liable for payment of any monthly installments of the assessment falling due prior to such recordation) . SECTION 12 . 02. 1. MAXIMUM ANNUAL ASSESSMENT. Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment shall be per lot. 1. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maxi- mum annual assessment may be increased each year not more than twenty percent (20%) above the maximum assessment for the previous year. 2. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maxi- mum annual assessment may be increased above twenty percent (20%) by the vote or written assent of fifty-one percent (51%) of each class of members. 3. The Board may fix the annual assessment at an amount not in excess of the maximum. SECTION 12. 02. 2. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In any fiscal year, the Board of Directors of the Association may not, without the vote or written assent of the majority of the power of the Association residing and members other than the sub- divider, levy special assessment to defray the cost of any action or undertaking on behalf of the Association which in the aggregate exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year. SECTION 12. 02. 3. GENERAL SPECIAL ASSESSMENT. Every general special assessment shall be levied upon the same basis as that prescribed for levying regular assessments . SECTION 12. 02 . 4. SPECIAL ASSESSMENTS TO REIMBURSE THE ASSOCIATION. The above provisions with respect the special assess- ments do not apply in the case where a special assessment against a member is a remedy utilized by the governing body to reimburse -28- the Association for costs incurred in bringing the member and his subdivision interest in compliance with the provisions of the By-Laws of the Association or the Hidden Palms covenants. SECTION 12. 02. 5. REGULAR ASSESSMENTS AGAINST SUBDIVISION INTEREST. Regular assessments against the subdivision interest in a phase of this multi-phase subdivision shall commence on the date of closing of the first sale of a subdivision tract interest in that phase or on the first day of the month following the closing of the first such sale. SECTION 12. 02. 6. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS . In addition to the annual assessments authorized above, the Associ- ation may levy in any assessment year, a special assessment applicable to that year only for the purpose of .defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the vote or written assent of fifty-one percent (51%) of each class of members. SECTION 12. 02. 7. NOTICE OF QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTION 12. 02. 1 AND 12. 02 . 2. Any action authorized under Section 12. 02. 1 or 12. 02 . 3 shall be taken at a meeting called for that purpose, written notice of which shall be sent to all members not less than thirty (30) days nor less than sixty (60) days in advance of the meeting. If the proposed action is favored by a majority of the votes cast at such meeting, but such vote is less than the requisite fifty-one percent (51%) of each class of members, members who were not present in person or by proxy may give their assent in writing, provided the same is obtained by the appropriate officer of the Association no later than three (3) days from the date of such meeting. SECTION 12. 02. 8. PAYMENT OF ASSESSMENTS. All assessments shall be due and payable to the Association by the assessed owners (including developer) during the fiscal year in equal monthly installments , on or before the first day of each month, or in such other manner as the Board may designate in its sole and absolute discretion. SECTION 12 . 02 . 9 . OBLIGATIONS OF DEVELOPER AND OWNERS. No owner of any lot within Hidden Palms (including developer) may avoid any of the duties or liabilities imposed on him by the Hidden Palms Covenants through nonuse of any common areas or recrea- tional areas within Hidden Palms or by abandonment of such a lot. Upon the recordation of the transfer of title to such lot to a new owner, the transferring owner (including developer) shall not be liable for any installments of assessments levied with respect to such lot falling due after the date of recordation of such a transfer, and he shall not thereafter enjoy any of the rights , privileges or immunities of the owner of such lot under the Hidden Palms Covenants; provided, however, the recordation of such a transfer shall not relieve the transferring owner (including developer) of the obligation to pay any and all installments of -29- assessments levied with respect to such lot falling due prior to the date of such recordation, If, and to the extent developer then owns any lots within Hidden Palms, developer hereby agrees to pay the Association any and all assessments which may be levied by the Board against developer, pursuant to Sections 12. 02 or 12. 03 hereof, with respect to each and every lot within Hidden Palms then owned by the developer. No owner shall be personally liable for any assessment levied prior to the date of recordation of the transfer of title to such owner. The transfer of title to any lot shall not affect the liability of such lot to lien under Section 12. 04. 2 below. SECTION 12. 03. REIMBURSEMENT ASSESSMENT. The Board shall levy a reimbursement assessment against any owner_ of a lot within Hidden Palms (including developer_ ) as a result of whose failure to comply with the Hidden Palms Covenants , the Hidden Palms rules or the Architectural Committee rules , monies were expanded from the operating fund by the Association in performing its functions under Hidden Palms Covenants. Such an assessment shall be for the purpose of reimbursing the Assocation, shall be limited to the amount so expended, and shall be payable to the Association when levied. Assessments levied under this Section shall not be subject to the provisions of Sections 12 . 02. 2 or 12 . 02 . 3 hereof. SECTION 12. 04. ENFORCEMENT OF ASSESSMENTS. Each assessment levied hereunder shall be a separate, distinct and personal debt and obligation of the owner or owners against whom the same is assessed (including developer) . In the event of a delinquency in payment of any such assessment, and in addition to any other remedies herein or by law provided, the Board may enforce each such obligation, on behalf of the Association, by either or both of the following procedures: SECTION 12. 04. 1. ENFORCEMENT BY SUIT. The Board may cause an action at law to be commenced and maintained in the name of the Association in any court of competent jurisdiction, including, but not limited to, an action in a small claims court, to enforce each such assessment obligation. Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon at the rate of seven percent (70) per annum from the date of delinquency, court costs , and reasonable attor- neys ' fees in such amount as the court may adjudge against the delinquent owner (including developer) . SECTION 12. 04. 2. ENFORCEMENT BY LIEN. There is hereby created the right to a claim of lien, with power of sale, on each and every lot within Hidden Palms to secure payment to the Associ- ation of any and all assessments levied against any and all owners of such lots (including developer) under the Hidden Palms Covenants, together with interest thereon at the rate of ten percent (100) per annum from the date of delinquency, and all costs of collection which may be paid or incurred by the Associ- ation in connection therewith, including reasonable attorneys ' fees. At any time within ninety (90) days after the occurrence of any default in the payment of any such assessment, the Board -30- may make a written demand for payment to the defaulting owner (including developer) on behalf of the Association. Said demand shall state the date, nature of and amount of the delinquency. Each default shall constitute a separate basis for a claim of lien or a lien, but any number of defaults may be included within a single claim of lien. If such delinquency is not paid within ten (10) days after delivery of such demand, the Board may elect. to file such a claim of lien on behalf of the Association against the lot of the default owner (including developer) . Such a claim of lien shall be executed and acknowledged by any officer of the Association, or the manager and shall contain substantially the following information: (1) The name of the defaulting owner. (2) The legal description and street address of the lot against which claim of lien is made. (3) The nature of the delinquency. (4) The total amount claimed to be due and owing for the amount of the delinquency, interest thereon, collection costs, and reasonable attorneys ' fees (with any proper offset allowed) . (5) That the claim of lien is made by the Association pursuant to the Hidden Palms Covenants. (6) That a lien is claimed against said lot. in an amount equal to the amount of the stated delinquency, interest thereon, collection costs and reasonable attorneys' fees. Upon recordation of a duly executed original or copy of such a claim of lien, the lien claimed therein shall immediately attach and become effective in favor of the Association, subject only to the limitations hereinafter set forth. Such a lien shall have a priority over all liens, created subsequent to the recordation of the claim of lien thereof, except only lines for real property taxes on any lot, assessments on any lot in favor of any muni- cipal or other governmental assessing unit, and the lien of those trust deeds which are specifically described in Section 6 . 05 hereof. Any such lien may be foreclosed by appropriate action in court or in the manner provided by law for the foreclosure of a trust deed with power of sale, as set forth in Division III, Part 4 , Title XIV, Chapter 2 of the Civil Code of the State of California, as the same may be amended from time to time. In the event such foreclosure is by action in court, court costs , expenses of sale, and reasonable attorneys ' fees shall be allowed to the extent permitted by law, in addition to all other amounts secured by said lien. In the event the foreclosure is in the manner provided by law, for foreclosure of a trust deed, under power of sale, the Association shall be entitled to bid thereon the lot at the foreclosure sale and to hold, lease, mortgage and -31- convey the same; otherwise, the Association shall be entitled to receive, out of the proceeds of the sale, all amounts secured by said lien, together with all expenses of collection and sale, and reasonable attorneys' fees. SECTION 12. 04. 3. ASSESSMENT CERTIFICATE. A certificate ex- ecuted under penalty of perjury by any two members of the Board and acknowledged shall be conclusive upon the Association and the owners in favor of any and all persons who rely threon in good faith as to the matters therein contained, and any owner (includ- ing developer) shall be entitled to such a certificate setting. forth the amount of any due and unpaid assessments with respect to his lot '(or the fact that all assessments due are paid if such is the case) within ten (10) days after demand therefor and upon payment of a reasonable fee, not to exceed Ten ($10 . 00) Dollars , which may be fixed by the Board. SECTION 12. 04. 4. SUBORDINATION TO CERTAIN TRUST DEEDS SUBORDINATION. None of the rights or rights to claim a lien or liens created hereunder upon any lot, and no breach of any of the provisions of the Hidden Palms Covenants , nor the enforcement of any of the provisions of Section 12. 04 hereof, shall .defeat or render invalid the lien of any holder of any indebtedness , or the renewal, extension or refinancing thereof, made in good faith and for value, and secured by any recorded trust deed upon such lot, and the liens created hereby upon any lot shall be subject and subordinate thereto; provided that immediately after any power of sale or court foreclosure of any such trust deed by sale of such lot, the Hidden Palms Covenants shall be binding upon and effec- tive against any owner (including developer) whose title is derived through such a trustee' s sale or court foreclosure and a new claim of lien, with power of sale shall automatically be created on such lot under Section 12. 04. 2 hereof, without further action on the part of the Association, to secure payment of any and all assessments levied hereunder, after the date of such trustee' s sale or court foreclosure. SECTION 12. 05. 1. AMENDMENT. No Amendment of Section 12. 04 hereof shall affect, in any way, the rights of the holder of any such trust deed recorded prior to recordation of such amendment who does not join in the execution hereof. SECTION 12. 06. 1. The subdivider--his successor in interest if any, is an owner subject to the payment of regular and special assessment against subdivision interest which he owns provided, however, that subdivider and any other owner of a subdivision interest which does not include a structural improvement for human occupancy is exempted by this Section from the payment of that portion of any assessment which is for the purpose_ of deferring expenses and reserves directly attributable to the existence and the use of the structural improvement. The exemp- tion may include, but shall not necessarily be limited to : -32- ' I _ (1) Roof replacements; (2) Exterior maintenance; (3) Walkway and carport lighting; (4) Refuse disposal; (5) Cable television; and (6) Domestic water supplied to living units. Any such exemption from the payment of assessment shall be in effect only until a Notice of Completion of the structural improve- ment has been recorded or until one hundred twenty (120) days after the issuance of a building permit for the structural improvement whatever occurs first. SECTION 12. 06. 2. Every special assessment shall be levied upon the same basis as prescribed for levying a regular assess- ment. SECTION 12. 06. 2. 1. The above provision with respect to special assessments does not apply in a case where the special assessment against a member is a remedy utilized by the Board to reimburse the Association for costs incurred in bringing the member and his subdivision interest into compliance with the provision of the governing instruments for the subdivision. SECTION 12. 06. 3. Regular assessments against subdivision interest in any phase of this multi-phase subdivision shall com- mence on the date of closing of the first sale of a subdivision interest in that phase or on the first day of the month following the closing of the first such sale. ARTICLE XIII BOND OBLIGATIONS OF THE DECLARANT SECTION 13. 01. BOND OBLIGATIONS FOR COMMON AREA. IMPROVEMENTS. If the common area improvements which are included in the sub- division offering of each phase of this subdivision have not been completed prior to the issuance of the public report for that phase of the subdivision, the Declarant shall obtain a bond or other arrangement (hereinafter "Bond" ) to secure his performance to complete the improvements. The Association shall be the ob- ligee under such bond. The Association shall have the following powers and duties concerning the above-mentioned i;ond. SECTION 13. 01. 1 The Board of Directors of the Association shall be directed to consider and vote on the question of action by the Association to enforce the obligations under the Bond with respect to any improvement for which a notice of completion has i not been filed within sixty days (60) after the completion date specified for that improvement in the planned Construction Statement appended to the Bond. If the Association has given an extension in writing for the completion of any common area improvement, the Board of Directors shall be directed to consider and vote on the aforesaid question if a notice of completion has not been filed within thirty days (30) after the expiration of the extension. SECTION 13. 01. 2. SPECIAL MEETING OF THE ASSOCIATION. Upon the petition signed by members representing not less than ten percent (10%) of the class "A" voting power of the Association. Said special meeting shall require to be held not less than fifteen days (15) nor more than thirty days (30) after the receipt by the Board of Directors of said petition. The special meeting of the members shall be for the purpose of voting to override a decision by the governing Board not to initiate action to enforce the obligations under the 'Bo.nd or on the failure of the governing body to consider and vote on the question. SECTION 13. 01. 3. OVERRIDE, OR INITIATION OF ACTION BY THE ASSOCIATION. A vote of a majority of the voting power of the Association residing in members other than the subdivider to take action to enforce the obligation under the Bond shall be deemed to be the decision of the Association and the Board of Directors shall thereafter implement the decision by initiating and pursuing appropriate action in the name of the Association. SECTION 13. 02. BOND TO ASSURE OPERATION AND MAINTENANCE FUND FOR COMMON AREAS AND CkIMMON FACILITIES. The Declarant shall post a surety bond or deposit fund for the fulfillment of his ob- ligation as an owner of subdivision interest; or the Declarant may present an alternative arrangement satisfactory to the Com- missioner of Real Estate to secure the fulfillment of his ob- ligations to the Association as an owner. SECTION 13. 02. 1 The Bond or deposit referred to in 13. 02 above shall be in an amount equal to the anticipated cost to own, operate and maintain the common areas and facilities and to pro- vide common services and reserves for a period of six months (6) . It shall be delivered to a neutral escrow depository acceptable to the Commissioner along with instructions to the depository signed by the subdivider and on behalf of the Association which shall provided as follows: (1) The bond or deposit shall remain available to pay any assessments for which the subdivider is liable and delinquent until the depository has received written notice from the subdivider that eighty percent (80%) of the interest in the subdivision phase have been sold and closed (or leased if that is the marketing plan) and written notice from the Association that the subdivider is not delinquent in the payment of the assessments for which lie is obligated. I A (2) In the event of a dispute between the subdivider .and the Association with respect to the question of satisfaction of the conditions for exoneration or release of this security , the issue or issues shall, at the request of either party, be submittea to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association before -an arbi-trator is selected from the panels of arbitrators of said Association. The fee, if payable to the Association to initiate the arbitration shall be remitted by the sub- divider provided, however, that the cost of arbitration shall ultimately be borne as determined by the arbitrator under the aforesaid rules. ARTICLE XIV BREACH SECTION 14. 01. Breach of any of the covenants contained in this Declaration and the continuation of any such breach may be enjoined, abated or remedied by appropriate legal proceedings by any Owner, by the Association or the successors in interest of the Association, SECTION 14. 02. The result of every act or omission whereby any of the covenants contained in this Declaration are violated in whole or in part is hereby declared to be and constitutes a nuisance, and every remedy allowed by law or equity against a nuisance either public or private shall be applicable against every such result and may be exercised by any Owner, by the Association or its successors in interest. SECTION 14. 03. The remedies herein provided for breach of the covenants contained in this Declaration shall be deemed cumulative, and none of such remedies shall be deemed exclusive. SECTION 14. 04. The failure of the Association to enforce any of the covenants contained in this Declaration shall not constitute a waiver of the right to enforce the same thereafter. SECTION 14. 05. A breach of the covenants contained in this Declaration shall not affect or impair the lien or charge of any bona fide mortgage or deed of trust made in good faith and for value on any lot or the improvements thereon, provided, however, that any subsequent Owner of such property shall be bound by said covenants, whether such Owner' s title was acquired by foreclosure in a trustee' s sale or otherwise. -35- SECTION 14. 06. The Association does not have the power to cause a forfeiture or abridgement of an owner' s rights to full use and enjoyment of his individually-owned subdivision interest on account of a failure by the owner to comply with the provisions of the Articles of. Incorporation of the Association, the By-Laws of the Association, or the Hidden Palms covenants, or of duly enacted rules of operation for the common areas and facilities except where the loss or forfeiture is a result of the judgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under the power of sale for failure of an owner to pay assessments levied by the Association . SECTION 14. 07. The Board of Directors have the authority to impose reasonable monetary penalties, temporary suspension of owner' s rights as a member of the Association, not to exceed thirty days (30) or other appropriate disciplinary procedures that may from time to time be adopted by the Association for the failure to comply with the governing instruments pro- vided that the accused is given notice and the opportunity to be heard by the Board of Directors with respect to the alleged violations before decision to impose discipline is reached. ARTICLE XV NOTICES SECTION 15. 01. In each instance in which notice is to be given to the Owner_ of a lot, the same shall be in writing and may be delivered personally, in which case personal delivery of such notice to one or two or more co-owners of a lot, or to any general partner of a partnership owning such a lot, shall be deemed delivery to all of the co-owners or to the partnership, as the case may be, and personal_ delivery of the notice to any officer or agent for the service of process of a corporation owning such lot shall be deemed delivery to the corporation or such notice may be delivered by United States mail , certified or registered, postage prepaid, return receipt requested, addressed to the Owner of such lot at the most recent address furnished by such Owner_ in writing for the purpose of giving notice, or if no such address shall have been furnished, then to the street address of such lot, and any notice so deposited in the mail within Riverside County, California, shall be deemed delivered forty-eight (48) hours after such deposit. Any notice to be given to the Association may be delivered personally to any member of the Board, or delivered in such other manner as may be authorized by the Association. Any notice to be given to the Association shall be delivered by the United States mail, certi- fied or registered, postage prepaid, return receipt requested, and any notice so deposited in the mail within Riverside County, California, shall be deemed. delivere$ forty-eight (48) hours after such deposit. -36- ARTICLE XVI ADDED PROPERTY SECTION 16. 01. Additional lots and Common Area may be annexed to the Properties with the consent of at least two-thirds (2/3) majority of the voting power of the Owners, excluding the voting power of the declarant; or SECTION 16. 02. If, within three (3) years of the date of recording of this Declaration, the Declarant should develop additional lands within the area described in "Exhibit E" which is attached hereto and by this reference made a part hereof , such additional lands may be annexed to the Properties without the assent of the Class A members and be made subject to the Declaration and thereby become subject to the jurisdiction of the Association; provided, however, that the development of the additional lands described in this Section shall be in accord- ance with a general .plan submitted to the California Department of Real Estate with the processing papers for Tract Detailed plans for the development of additional lands must be submitted to the California Department of Real Estate prior to such development of additional lands. If the California Depart- ment of Real Estate determines that such detailed plans are not in accordance with the general plan on file and so advises the Association and the Declarant, the annexation of the additional ' lands must be in accordance with Section 15. 01 immediately above. Prior to a conveyance to �_ndividu.al purchasers of any improved lot within a portion of the real Properties described on "Exhibit E" attached hereto and annexed pursuant to this Section, a fee simple title to the Common Areas within said portion of said real property shall be conveyed to the Association, free and clear of any and all encumbrances and liens except current real property taxes, which taxes shall be prorated to the date of transfer, and all easements, covenants , conditions and restric- tions as described hereinafter in Section 16. 03 of this Article, covering said real property described on "Exhibit E" hereto, shall be executed and recorded by the Owner of such real property. SECTION 16. 03. The additions authorized under the fore- going Sections shall be made by filing of record a supplementary Declaration of covenants, conditions and restrictions , or similar instrument, with respect to the additional property which shall extend the plan of this Declaration to such property. Such supplementary Declarations contemplated above may contain such complementary additions and modifications to the covenants, con- ditions and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added property as are not inconsistent with the plan of this Declaration. In no event, however, shall any such supplementary Declaration, merger or consolidation, revoke, modify or add to the covenants established by this Declaration within the exist- ing property, except as hereinafter otherwise provided. The recordation of said supplementary Declaration shall constitute -37- and effectuate the annexation of the said real property described therein, making said real property subject to this Declaration and subject to the functions, powers and jurisdiction of the Hidden Palms Homeowners Association, and thereafter all of the owners of lots in said real property shall automatically be members of the Hidden Palms Homeowners Association. ARTICLE XVII SEVERABILITY SECTION 17. 01. Should any of the covenants contained in this Declaration be void or be or become unenforceable in law or in equity, the remaining portions of this Declaration shall , nevertheless, be and remain in full force and effect. ARTICLE XVIII TERM, SCOPE, DURATION AND AMENDMENT SECTION 18. 01. The provisions set forth in this Article XVIII .shall control any amendment to this Declaration, subject however, to the condition that the City of Palm Desert shall have the power to veto any amendment to this Declaration and to veto or void any written agreement purporting to terminate this Declaration or any of the covenants herein, if, in the opinion of the City such amendment or written agreement would be detri- mental to or have an adverse effect upon the complete and proper maintenance of the Common Area.. No amendment or written agree- ment purporting to terminate this Declaration or any of the covenants herein shall take effect until thirty (30) days following written notice thereof to the City of Palm Desert in order to afford the City the opportunity to exercise its veto. If no veto has been exercised by the City within fifteen (15) days of the receipt of written notice of such amendment or written agreement, said amendment or written agreement shall thereafter become effective. SECTION 18. 02. This Declaration and the covenants herein contained shall be in effect until May 1, 2028 and shall be automatically extended for successive periods of ten (10) years unless within six (6) months prior to the expiration of the initial term or any ten (10) year renewal period a written agree- ment executed by the then record owners of more than three- fourths (3/4) of the lots shall be placed on record in the office of the County Recorder of the County of Riverside by the terms of which agreement the effectiveness of this Declaration is terminated or the covenants herein contained are extin- guished in whole or in part as to all or any part of the property then subject thereto. -38- SECTION 18. 03. This Declaration may be amended only by the affirmative vote or not less than seventy-five percent (750) of the lot Owners. Any amendment must be recorded. ARTICLE XIX DESTRUCTION OR EXTENSIVE DAMAGE TO THE CONDEMNATION COMMON AREAS In the event the Common Area subject to this Declaration is totally or substantially damaged or destroyed, the repair, reconstruction, or disposition of the Common Area shall be as provided by an agreement approved by Owners representing more than fifty percent (500) of the voting power of the Owners. The use and disposition of insurance proceeds payable to the Association. in the event of such destruction or damage shall be as determined by a majority of the voting power of the Owners. ARTICLE XX CONFLICTS In case of any conflict between this Declaration and the Articles of Incorporation or By-Laws of the Association, this Declaration shall control. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has set its hand and seal this day of 1978. DEEP CANYON, LTD.--SANTA ANA By: President By Secretary "DECLARANT" -39- John W. Leslie 3600 W. Lake Avenue Glenview, Illinois 60025 Dateland Mutual Water Co. 74-360 Erin St. Palm Desert, California 92260 Joseph E. Rapkin 777 E. Wisconsin Avenue Milwaukee, Wi . 53202 Harrison Hertzberg 970 Sierra Way Palm Springs, California 92262 Joseph & Beatrice Rapkin 777 E. Wisconsin Avenue Milwaukee, Wi . 53202 Walter R. Schmid 7931 Lampson Avenue Garden Grove, California 92641 Southwest Engineering 6845 Indian Ave. Suite 6 Riverside, CA 92506 Leon & Gladys L. Lauderback Wm. F. Jeffrey M Mandic P.O. Box 477 S P.O. Box 816 74715 715 L Leslie Avenue Palm Desert, California Laguna, California Thermal , California 92260 92677 92274 - Gilbert K. Ranney Walter R. Schmid Jack Seibert c/o G.K. Ranney Inc. 7931 Lampson Avenue Box 70 Mt. Hamilton Rd. 1501 H North Tustin Avenue Garden Grove, California San Jose, California 95116 Santa Ana, California 92641 92701 Olivia Zepeda & Kathryn L. Spradling Evalyn Schwartz Henry Schmidt 1502 Poppy Street 432 West Valencia Avenue 5948 Lime Avenue Long Beach, Ca. Burbank, California 91506 Long Beach, Calif. 90805 90805 '.Rev. A.G.'-Edward_s- -. ' f Sam Golden Frank Ortega P.O:-kx-998 - 1916 N. Carmen Avenue 44-665 Deep Canyon Road Palm Desert, California 92260 Los Angeles, California Palm Desert, California 92260 90068 Darwin L. Larimer George R. Cortese Mario R. Lopez 74-460 Goleta Avenue 475 S. Los Robles Apt. #8 3636 Crooked Creek Dr. Palm Desert, California Pasadena, California Diamond Bar, California 92260 91101 91766 Frank.J. Kaminski Robert A. Wadsworth Gerrit J. Goudswaard 2205 W. Acacia SP. #22 2401 Centinela Avenue 44-755 Deep Canyon Road Hemet, California Santa Monica, California Palm .Desert, Calif. 92343 90405 92260 James D. Andrews Lisa E.Turner & Malin E. Kibbe Pacifica Western Development Chas A. Turner P.O. Box 1596 18-344 Oxnard Street 44650 San Onofre Avenue Palm Desert, California Tarzana, California 91356 Palm Desert, California 92260 92260 R.E. Tucker Fortunato Rodriguez Ellis G. Thomas 74-490 Goleta Avenue 44-525 Deep Canyon Raod 1906 Luzern Street Palm Desert, California Palm Desert, Calif. Seaside, California 92260 92260 93955 Alice K. Brees Dennis Hodge Joseph Weinstein 74-741 Candlewood St 73-382 Catalina Way 607 So. Hill St. , Suite 921 Palm Desert, California Palm Desert, Calif. Los Angeles, California 92260 92260 90014 Frank Manti-a John F. Hampel S. L. Elliott & M.L. Kenny 19-358 Greenwood Drive 718 E. Angeleno 44835 Deep Canyon Road Cuperitino, California Burbank, California Palm Desert, California 95014 91501 92260 Wm. F. ey Frank A. Mantia 816 19-358 Greenwood Drive Cupertino, California 95014 CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report on: Change of Zone, Conditional Use Permit, and Tentative Tract Map Applicant(s) : Westside Enterprises Ltd. , 2665 30th Street, Suite 300, Santa Monica, California 90408 Case No(s): CZ 07-79, CUP 05-79, TT 14999 Date: September 4, 1979 I. REQUEST: Request for approval of a Change of Zone from R-1, 10,000 to R-2, 8,000, Conditional Use Permit to allow a 36 unit Planned Residential Development, and a 38 lot Tentative Tract Map located between Skyward Way and Homestead Road, and bounded on the east by Arrow Trail (Chia Drive) . LOCATIONAL MAP: n nYSiaCa aCnD yJU FS•F.D —�.�_i _..41h �'_ __ __ _ ��.�Y `�.• CUP 05-79 It ;' i TT 14999 I_ns.�-n+xc--,-•% ---:+"`-- 1 11 II i is I o I i _rsar_nPz7 IS II. BACKGROUND:A. ADJACENT ZONING: North: R-1 13,000 South: PR-3 East: R-1 10,000 West: R-1 10,000 and R-1 13,000 B. GENERAL PLAN LAND USE DESIGNATION: Low Density Residential , 3-5 d.u./ac. •r 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 October 28, 1977 Southwest Engineering 17752 Skypark Blvd. Suite 150 Irvine, Ca. 92714 Attn: Bill Tackabery The City�o� m Desert does hereby approve the attached street names for Tract 91447ease provide said names on the final tract ap for r �F ion. Very truly yours, Paul A. Williams, Director Dept. of Environmental Services PAW/ks cc: Lt. Froemming, Riverside County Sheriff's Dept. Riverside County Road Dept. , Indio and Riverside Offices Postal Serivice, Palm Desert Branch Bu� Engel , Palm Desert Fire Marshal -Hunter Cook, Palm Desert City Engineer Coachella Valley County Water District Southern California Edison Southern California Gas General Telephone Tract 9144 file 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 October 28, 1977 Southwest Engineering 17752 Skypark Blvd. Suite 150 Irvine, Ca. 92714 Attn: Bill Tackabery The City�of� m Desert does hereby approve the attached street names or Tract 9144. Please provide said names on the final tract ap for rec ion. Very truly yours, Paul A. Williams, Director Dept. of Environmental Services PAW/ks cc: Lt. Froemming, Riverside County Sheriff's Dept. Riverside County Road Dept. , Indio and Riverside Offices Postal Serivice, Palm Desert Branch Bud, Engel , Palm Desert Fire Marshal j-Hunter Cook, Palm Desert City Engineer Coachella Valley County Water District Southern California Edison Southern California Gas General Telephone Tract 9144 file APPROVED STREET NAMES FOR TRACT 9144 Street A, B, & C - _ Hidden Palms Drive D - Siena Drive ,E - Monaco Circle F & G - Sorrento Court H - Portofino Court I - Elba Court J - Corfu Court K - Oran Court L - Vigo Court M - Nice Court N - Chamonix Court 0 - Venice Court P - Cannes Court Q - Baden Court R - Capri Court APPROVED STREET NAMES FOR TRACT 9144 Street A, B, & C - _ Hidden Palms Drive D - Siena Drive E - Monaco Circle F & G - . Sorrento Court H - Portofino Court I - Elba Court J - Corfu Court K - Oran Court L - Vigo Court M - Nice Court N - Chamonix Court 0 - Venice Court P - Cannes Court Q - Baden Court R - Capri Court � h 10 ILI w =/ 577 RF I E I N ! j � ` I O "T ^Q.. ST ^5T G ST t ; j. •E 5TRr=ET CL f . t i i I f f ' i I : I I 1 N -'J DEPARTMENT OF REAL ESTATE 1�3\03, OF TIfE STATE OF CALIFORNIA TELEPHONE NO. 213-620-2700 0� In the matter of the application of FINAL SUBDIVISION PUBLIC REPORT DEEP CANYON, LTD. FILE NO. 44563 a Limited Partnership ISSUED: DECEMBER 19, 1978 EXPIRES: DECEMBER 18, 1983 for a Final Subdivision Public Report on TRACT NO. 9144-2 "HIDDEN PALMS" RIVERSIDE COUNTY , CALIFORNIA This Report Is Not a Recommendation or Endorsement of the Subdivision But is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. Section 35700 of the California Health and Safety Code, provides that the practice of discrimination because of race, color, religion, sex, marital status, national origin or ancestry in housing accommodations is against public policy. Under Section 125.6 of the California Business and Professions Code, California real estate licensees are subject to disciplinary action by the Real Estate Commissioner if they make any discrimination, distinction or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion, ancestry or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is guilty of such conduct, he or she should contact the Department of Real Estate. Information Regarding Schools can be found on Page 9 of this report. READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this SUBDIVISION. R/E Form 618 10/76 5M3 0512s zwW 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. I he 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 he 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 Unti! 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 probidc 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. lie or she should be willing to serve on can serve you well, but ,you will have to work for its (be board of directors or on committees created by the success. DRE 10, 3S��E�.°_ r >= az �„"°" x�xa+.�m Y6 2r•,.4.r�����s:r"rFi�� �?..,h.::'. 1�.�ev,zi��i"�s �s::�>' -2- of 9 Pages FILE NO. 44563 SPECIAL NOTES TAXES : UNDER THE CALIFORNIA CONSTITUTION THE MAXIMUM AMOUNT OF PROPERTY TAX ON REAL PROPERTY THAT CAN BE COLLECTED ANNUALLY IS ONE PERCENT (1%) OF THE FULL CASH VALUE OF THE PROPERTY. FOR THE PURCHASER OF A LOT OR UNIT IN THIS SUBDIVISION, THE "FULL CASH VALUE" OF THE LOT OR UNIT WILL BE THE VALUATION, AS REFLECTED ON THE TAX ROLL, DETERMINED BY THE COUNTY ASSESSOR AS OF THE DATE OF PURCHASE OF THE LOT OR UNIT OR AS OF THE DATE OF COMPLETION OF AN IM- PROVEMENT ON THE LOT IF THAT OCCURS AFTER THE DATE OF PURCHASE. THIS PROJECT IS A "PLANNED DEVELOPMENT. " IT INCLUDES COMMON AREA AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN INCORPORATED OWNERS ASSOCIATION. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS NORMALLY LIMITED TO THE RIGHT OF YOUR ELECTED REPRESENTATIVES TO VOTE ON CERTAIN PROVISIONS AT MEETINGS. THE DEVELOPER IS OFFERING LOTS IMPROVED WITH SINGLE FAMILY AND DUPLEX BUILDINGS. SINCE THE COMMON PROPERTY AND FACILITIES WILL BE MAINTAINED BY AN ASSOCIATION OF HOMEOWNERS, AND IT IS ESSENTIAL THAT THIS ASSOCIATION BE FORMED EARLY AND PROPERLY, THE DEVELOPER MUST: 1 . PAY ALL THE MONTHLY ASSESSMENTS WHICH HE OWES TO THE HOMEOWNERS ASSOCIATION FOR UNSOLD LOTS/UNITS -- THE PAYMENTS MUST COMMENCE ON THE FIRST DAY OF THE MONTH IMMEDIATELY AFTER SUBDIVIDER CLOSES FIRST SALE (Regulations 2792. 9 and 2792. 16) . THE HOMEOWNERS ASSOCIATION MUST: 2. CAUSE THE FIRST ELECTION OF THE ASSOCIATION'S GOVERNING BODY TO BE HELD WITHIN 15 DAYS AFTER 51% SELL-OUT, OR IN ANY EVENT, NO LATER THAN SIX MONTHS AFTER CLOSING THE FIRST SALE (Regulations 2792.17 and 2792.19) • 3 . PREPARE AND DISTRIBUTE TO ALL HOMEOWNERS A BALANCE SHEET AND INCOME STATEMENT. (Regulation 2792 . 22) . THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION, RESTRICTIONS AND BYLAWS, BY -3- of 9 pages FILE NO. 44563 POSTING THEM IN A PROMINENT LOCATION IN THE SALES OFFICE AND FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUB- STANTIALLY 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. WARNING: WHEN YOU SELL YOUR LOT TO SOMEONE ELSE, YOU MUST GIVE THAT PERSON A COPY OF THE DECLARATION OF RESTRICTIONS, THE ARTICLES OF INCORPORATION, AND OF THE BYLAWS. IF YOU FORGET TO DO THIS, IT MAY COST YOU A PENALTY OF $500 .00 -- PLUS ATTORNEYS' FEES PLUS DAMAGES. (SEE CIVIL CODE SECTION 1360 . ) INTERESTS TO BE CONVEYED: You will receive fee title to a specified lot, together with a membership in Hidden Palms Homeowners Association and rights to use the common area. LOCATION AND SIZE : This subdivision is located within the city of Palm Desert. This is the second increment which consists of approximately 2 .7 acres divided into 36 residential lots in addition to common area which consists of lots 36, 37, 38 and 40, on which community facilities consisting of a maintenance building, swimming pool and green belt area and private street lot "A" will be constructed. The developer has posted a bond for assuring completion of common area facilities, improvements , structures and landscaping on all common area lots in the amount of $614 , 036 of which $100,679 is estimated for Tract 9144-2. The estimated completion date for Tract 9144-2 is on or before April, 1979 . This second increment is part of a total project which, if developed as proposed, will consist of a total of 4 increments and 211 residen- tial lots, as well as common facilities consisting of (5) tennis courts, (4) swimming pools, Cabana, Lake, maintenance building, greenbelt area and private street which will be constructed . The four increments as proposed are as follows : -4- of 9 rages FILE. NO. 44563 Increment Tract Residential Lots Common Area Lots I 9144-1 72 6 II 9144-2 36 4 III 9144-3 41 4 IV 9144- 62 4 The total project if developed as proposed may consist of four increments and 211 residential lots, as well as 18 common area lots . There is no assurance that the total project will be completed as proposed. MANAGEMENT AND OPERATION : The Hidden Palms Homeowners Association, which you must join, manages and operates the common area(s) in accordance with the Restrictions, Articles of Incorporation, and the Bylaws . MAINTENANCE AND OPERATIONAL EXPENSES : The subdivider has submitted a budget covering Increment 1 and 2 only for the maintenance and operation of the common areas and for long-term reserve covering Increments 1 and 2. You should obtain copies of these budgets from the subdivider . Under Increment 1 budget, the monthly assessment against each subdivision unit will be $143 . 68 . Under Increment 2 budget, the monthly assessment per unit will be $140 .00 . Of these amounts, the monthly contributions toward long-term reserves which are not to be used to pay for current operating expenses are $14 . 45 and $17 . 25 respectively. According to the subdivider, assessments under these budgets should be sufficient for proper maintenance and operation of the common areas until the first two increments are completed at which time it may be anticipated that assessments will conform to the built- out budget, (Increments 3 and 4) . 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&Rs or Bylaws . In considering the advisability of a decrease (or a smaller increase) 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 ESTI- MATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACIL- ITIES AND WITH INCREASES IN COST OF LIVING. -5- of 9 pages FILE NO. 44563 Monthly assessments will commence on all lots on the first day of the month following the closing of the first sale 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 has posted a bond in the amount of $27, 648 as partial security for his obligation to pay these assessments . The governing body of the association should assure itself that the subdivider has satisfied his obligations to the association with respect to the payment of assessments before agreeing to a release or exoneration of the security. SUBSIDY : The subdivider will subsidize the project and has made financial arrangements to guarantee that purchasers assessment will not exceed $128 . 00 per month through all increments of this project by posting a bond in the amount of $119,106 to secure its agreement to pay to the Hidden Palms Homeowners Association for a limited period of time commencing in Increment I and terminating on October 9, 1981 or when Tract 9144 is annexed to the project , which ever occurs first. EASEMENTS: Easements for utilities, storm drainage, ingress and egress , rights of way, water, sewers, and other purposes are shown on the title report and subdivision map recorded in the Office of the Riverside County Recorder, Book 99 of Maps, Page 60 . RESTRICTIONS: This subdivision is subject to restrictions recorded in the Office of the Riverside County Recorder on August 18, 1978 in Book 1958, page 174134 and re-recorded on September 11, 1978 in Book 1978, Page 190124 and cancellation of the aforesaid Declaration on November 17, 1978 as instrument No . 242987 and recording of Declar- ation of Restrictions on November 17, 1978 as instrument No . 242988 and Declaration of Annexation on November 28, 1978 as instrument No. 248940, which include among other provisions the following: 1. Each lot within the properties, except for the common area, shall be improved and used and occupied only for private residential pur- poses . 2 . No animals or birds, other than a reasonable number of generally recognized house or yard pets, shall be maintained on any lot within the properties and then only if they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes . No dogs are allowed on any common areas unless leashed and accompanied by an adult . -6- of 9 pages FILE NO. 44563 3 . Unless otherwise permitted by the Association, no antenna or other device for the transmission or reception of television signals, radio signals or any form of electromagnetic radiation shall be directed, used or maintained outdoors on any property with the properties, whether attached to the building or structure or other- wise. 4 . MANDATORY REAR YARD LANDSCAPING: Within ninety (90) days from the close of escrow each lot owner must choose a rear yard landscape plan suitable to the configuration of the lot and begin work thereon. The Declarant shall provide each lot owner a minimum of two alter- native landscape designs suitable for the configuration of the lot . If a choice has not been made, or work has not commenced in the prescribed time, or work has not been completed within (6) months after commencement, the Association may select a landscape plan and have it installed. In such event, all costs incurred by the Association will be assessed to the lot owner. The Declarant shall have no duty to landscape any rear yard. 5 . LOT SIZE: All lots shall be a minimum of forty-five hundred (4, 500 square feet . Any modification of a proposed lot pattern that results from any condition attached by the city shall not be construed as a right to reduce the square footage of lots to less than forty-five hundred (4500) square feet . 6 . CARD KEY BARRIERS : Entrances to the tract equipped with card key operated barrier or other restrictions to the free flow of traffic shall be provided with stacking space outside the traveled way of the adjoining public streets, for eight (8) vehicles . 7. PARKWAY MAINTENANCE : The Association covenants to assume respon- sibility in perpetuity to maintain the parkway areas of 44th Avenue and Deep Canyon Road. 8 . YARD MAINTENANCE: The Association covenants to maintain the front yard of each lot to the front fence of each lot . 9. Non-payment of assessments to owners ' association may result in a foreclosure against the owner. 10. The homeowner association may levy a fine against you for violation of CC&Rs or Bylaws . 11. The association or its authorized agents shall have the right to enter upon any lot for specific purposes set forth in the restric- tions . INTERESTS TO BE CONVEYED - CONDITIONS OF SALE : If your purchase involves financing, a form of deed of trust and note will be used. These documents may contain the following provisions : -7- of 9 nages PILE NO. 44563 A variable interest rate. This means that during the term of the loan the rate of interest may be increased or decreased periodically in accordance with the provisions of the loan documents . An acceleration clause . This means that if you sell the property, the lender may declare the entire unpaid balance immediately due and payable. A late charge. This means that if you are late in making your monthly payment you may have to pay an additional amount as a penalty . A prepayment penalty. This means that is you wish to pay off your loan in whole or in part before it is due, you may be required to pay an additional amount as a penalty in accordance with the terms of the loan. BEFORE SIGNING, YOU SHOULD READ AND THOROUGHLY UNDERSTAND ALL LOAN DOCUMENTS. PURCHASE MONEY HANDLING: The subdivider must impound all funds received from you in escrow depository until legal title is deliver- ed to you. (Refer to Sections 11013, 11013 . 2 (a) of the Business and Professions Code. ) If the escrow has not closed on your' lot within one year of the date of your escrow, you may request return of your deposit. GEOLOGIC CONDITIONS : THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTHQUAKE SHAKING, RAPID EROSION OR SUBSIDENCE . THIS SUBDIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE HAZARDS MAY EXIST. SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT MAY OR MAY NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARATION. PURCHASERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGINEERING GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETER- MINE 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. FILLED GROUND: Some lots contain filled ground varying to a maximum of 5. 9 feet. These soils are to be properly compacted for the in- tended use under the supervision of a state licensed engineer. SOIL CONDITIONS : Subdivider has certified that he will comply with the recommendations of the engineer, that the purchasers ' fund will be impounded in escrow, and that no escrows will close until recommen- dations have been completed. FLOOD AND DRAINAGE: Coachella Valley County Water District advises that 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 . -R- of 9 pages FILE No. 44563 ti FIRE PROTECTION: Riverside County Department of Fire Protection in cooperation with the California Department of Forestry advises as follows : Fire protection is provided: Palm Desert County Fire Station will respond with two engines and one squad from approximately 2 miles away and the Indio County Fire Station will respond with one engine and one squad from approximately 2 112 miles away . SEWAGE DISPOSAL: Lot purchasers will be subject to a monthly sewage service charge of $5. 00 . STREETS AND ROADS: The streets within the project will be maintained by the homeowner association. The costs of repair and maintenance of these streets are included in the budget and are a part of your regular assessment. PUBLIC TRANSPORTATION : Sunline bus service is available at Deep Canyon Road and Highway III. SCHOOLS : Desert Sands Unified School District advises that the location and distances from the most distant lot in the tract to the nearest schools serving this tract are as follows : Washington Elementary, 45-768 Portola, K-2, 1 . 5 miles ; Lincoln Elementary, 74-100 Rutledge Way, 3-5, 1 . 3 miles ; Palm Desert Middle, 74-200 Rutledge Way, 6-8 , 1. 3 miles; Indio High, 81-750 Avenue, 9-12, 8. 3 miles . School bus transportation is available and free to the aforesaid schools. NOTE: This school information was provided by the school district(s ) prior to issuance of the public report . Purchasers may contact the local school district office(s ) for any changes in school assignments, facilities and. bus service . For further information in regard to this subdivision you may call (213)620-2700, or examine the documents at 107 South Broadway, Room 7001, Los Angeles , California 90012. BJ/ -9- and last FILE NO. 44563 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 DEEP CANYON, LTD. FILE NO. 42923 a Limited Partnership ISSUED: NOVEMBER 14 , 1978 AMENDED: DECEMBER 15, 1978 EXPIRES: NOVEMBER 13 , 1983 for a Final Subdivision Public Report on TRACT NO. 9144-1 "HIDDEN PALMS" RIVERSIDE COUNTY, CALIFORNIA This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This Report Expires on. Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. Section 35700 of the California Health and Safety Code provides that the practice of discrimination because of race, color, religion, sex, marital status, national origin or ancestry in housing accommodations is against public policy. Under Section 125.6 of the California Business and Professions Code, California real estate licensees are subject to disciplinary action by the Real Estate Commissioner if they make any discrimination, distinction or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion, ancestry or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is guilty of such conduct, he or she should contact the Department of Real Estate. Information Regarding Schools can be found on Page 9 of this report. READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this SUBDIVISION. R/E Form 618 10/76 - 5M34M 12-71 M mr 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 beard. In short,"the)"in a common-interest subdivision and remedies as a member of its association will he is"you". Unless you serve as it member of the governing controlled by governing instruments which generally hoard or on a committee appointed by the hoard, 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 he taken by the to be, and in most cases are,enforceable in it 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 ,ill levy assessments against your lot/unit. if you are majority of the governing body, it is likely that the delinquent in Ili e 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 orderiv manner and in it 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 faclors hcvond 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 he 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 he 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 it common-interest subdivision is very much should contemplate ;—live participation in the affairs of like governing, a small community . . . the management the association. Ile ur she should be willing to serve on can serve you well, but you "ill have to work for its the board of directors or on committees created by the success. DRE o -2- of 9 pages FILE NO. 42923 Amended C SPECIAL NOTES TAXES: UNDER THE CALIFORNIA CONSTITUTION THE MAXIMUM AMOUNT OF PROPERTY TAX ON REAL PROPERTY THAT CAN BE COLLECTED ANNUALLY IS ONE PERCENT (1%) OF THE FULL CASH VALUE OF THE PROPERTY. FOR THE PURCHASER OF A LOT OR UNIT IN THIS SUBDIVISION, THE "FULL CASH VALUE" OF THE LOT OR UNIT WILL BE THE VALUATION, AS REFLECTED ON THE TAX ROLL, DETERMINED BY THE COUNTY ASSESSOR AS OF THE DATE OF PURCHASE OF THE LOT OR UNIT OR AS OF THE DATE OF COMPLETION OF AN IM- PROVEMENT ON THE LOT IF THAT OCCURS AFTER THE DATE OF PURCHASE. THIS PROJECT IS A "PLANNED DEVELOPMENT. " IT INCLUDES COMMON AREA AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN INCORPORATED OWNERS ASSOCIATION. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS NORMALLY LIMITED TO THE RIGHT OF YOUR ELECTED REPRESENTATIVES TO VOTE ON CERTAIN PROVISIONS AT MEETINGS. THE DEVELOPER IS OFFERING LOTS IMPROVED WITH SINGLE FAMILY AND DUPLEX BUILDINGS. SINCE THE COMMON PROPERTY AND FACILITIES WILL BE MAINTAINED BY AN ASSOCIATION OF HOMEOWNERS, AND IT IS ESSENTIAL THAT THIS ASSOCIATION BE FORMED EARLY AND PROPERLY, THE DEVELOPER MUST: 1. PAY ALL THE- MONTHLY ASSESSMENTS WHICH HE OWES TO THE HOMEOWNERS ASSOCIATION FOR UNSOLD LOTS/UNITS -- THE PAYMENTS MUST COMMENCE ON THE FIRST DAY OF THE MONTH IMMEDIATELY AFTER SUBDIVIDER CLOSES FIRST SALE (Regulations 2792.9 and 2792.16) . THE HOMEOWNER ASSOCIATION MUST: 2. CAUSE THE FIRST ELECTION OF THE ASSOCIATION'S GOVERNING BODY TO BE HELD WITHIN 15 DAYS AFTER 51% SELL-OUT, OR IN ANY EVENT, NO LATER THAN SIX MONTHS AFTER CLOSING THE FIRST SALE (Regulations 2792 .17 and 2792 .19); AND 3• PREPARE AND DISTRIBUTE TO, ALL HOMEOWNERS A BALANCE SHEET AND INCOME STATEMENT. (Regulations 2792 . 22) . THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION, RESTRICTIONS AND BYLAWS, BY -3- of 9 pages FILE NO. 42923 AMENDED POSTING THEM IN A PROMINENT LOCATION IN THE SALES OFFICE AND FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUB- STANTIALLY 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. WARNING: WHEN YOU SELL YOUR LOT TO SOMEONE ELSE, YOU MUST GIVE THAT PERSON A COPY OF THE DECLARATION OF RESTRICTIONS, THE ARTICLES OF INCORPORATION, AND OF THE BYLAWS. IF YOU FORGET TO DO THIS, IT MAY COST YOU A PENALTY OF $500 .00 -- PLUS ATTORNEY'S FEES PLUS DAMAGES. (SEE CIVIL CODE SECTION 1360 . ) INTERESTS TO BE CONVEYED: You will receive fee title to a specified lot, together with a membership in Hidden Palms Homeowners Association and rights to use the common area. LOCATION AND SIZE: This subdivision is located within the city of Palm Desert. This is the first increment which consists of approximately 20 acres divided into 72 residential lots in addition to the common area which consists of Lots 73 through 78 , on which community facilities consisting of (5) tennis courts , (2) swimming pools, Cabana, Lake, green belt area and private street Lot "A" will be constructed. The developer has posted a bond for assuring completion of common area facilities, improvements, structures and landscaping on all common area lots in the amount of $614 , 036, of which $338,739 is estimated for Tract 9144-1 . The estimated completion date for Tract 9144-1 is November, 1978 . This first increment is part of a total project which, if developed as proposed, will consist of a total of 4 increments and 211 residen- tial lots, as well as common facilities consisting of (5) tennis courts, (4) swimming pools, Cabana, Lake, maintenance building, greenbelt area and private street which will be constructed. The four increments as proposed are as follows : Increment Tract Residential Lots Common Area Lots I 9144-1 72 6 II 9144-2 36 4 III 9144-3 41 4 IV 9144- 62 4 -4- of 9 pages FILE NO. 42923 AMENDED The total project if developed as proposed may consist of four increments and 211 residential lots, as well as 18 common area lots, including lots 73 through 78 of this first increment. There is no assurance that the total project will be completed as proposed. MANAGEMENT AND OPERATION: The Hidden Palms Homeowners Association, which you must ,join, manages and operates the common area(s) in accordance with the Restrictions, Articles of Incorporation, and the Bylaws . MAINTENANCE AND OPERATIONAL EXPENSES : The subdivider has submitted a budget covering increment 1 and 2 only for the maintenance and operation of the common areas and for long-term reserves covering Increments 1 and 2. You should obtain copies of these budgets from the subdivider. Under Increment 1 budget, the monthly assessment against each subdivision unit will be $143 . 68 . Under Increment 2 budget, the monthly assessment per unit will be $140 .00. Of these amounts, the monthly contributions toward long-term reserves which are not to be used to pay for current operating expenses are $14 .45 and $17 . 25 respectively . According to the subdivider, assessments under these budgets should be sufficient for proper maintenance and operation of the common areas until the first two increments are completed at which time it may be anticipated that assessments will conform to the built- out budget, (increments 3 and 4) . 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&Rs or Bylaws . In considering the advisability of a decrease (or a smaller increase) 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 ESTI- MATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACIL- ITIES AND WITH INCREASES IN COST OF LIVING. Monthly assessments will commence on all lots on the first day of the month following the closing of the first sale of a lot . From -5- of 9 pages FILE NO. 42923 AMENDED Y 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 has posted a bond in the amount of $55,296 as partial security for his obligation to pay these assessments . The governing body of the association should assure itself that the subdivider has satisfied his obligations to the association with respect to the payment of assessments before agreeing to a release or exoneration of the security. SUBSIDY: The subdivider will subsidize the project and has made financial arrangements to guarantee that purchasers assessment will not exceed $128 .00 per month through all increments of this project by posting a bond in the amount of $119,106 to secure its agreement to pay to the Hidden Palms Homeowners Association for a limited period of time commencing in Increment I and terminating on October 9, 1981 or when Tract 9144 is annexed to the project, whichever occurs first. EASEMENTS: Easements for utilities, storm drainage, ingress and egress, rights of way, water, sewers, and other purposes are shown on the title report and subdivision map recorded in the Office of. the Riverside County Recorder, Book 95 of Maps, Page 96 . RESTRICTIONS: This subdivision is subject to restrictions recorded in the Office of the Riverside County Recorder on November 17, 1978 as instrument No . 242988, which includes among other provisions the following: 1 . Each lot within the properties, except for the common area, shall be improved and used and occupied only for private residential pur- poses. 2. No animals or birds, other than a reasonable number of generally recognized house or yard pets, shall be maintained on any lot within the properties and then only if they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes. No dogs are allowed on any common areas unless leashed and accompanied by an adult . 3 • Unless otherwise permitted by the Association., no antenna or other device for the transmission or reception of television signals, radio signals or any form of electromagnetic radiation shall be directed, used or maintained outdoors on any property within the properties, whether attached to the building or structure or other- wise. -6- of 9 pages FILE NO. 42923 AMENDED 4 . MANDATORY REAR YARD LANDSCAPING : Within ninety (50) days from the close of escrow each lot owner must choose a rear yard landscape plan suitable to the configuration of the lot and begin work thereon. The Declarant shall provide. each lot owner a minimum of two alter- native landscape designs suitable for the configuration of the lot . If a choice has not been made, or work has not commenced in the prescribed time, or work has not been completed within (6 ) months after commencement, the Association may select a landscape plan and have it installed. In such event, all costs incurred by the Association will be assessed to the lot owner. The Declarant shall have no duty to landscape any rear yard . 5. LOT SIZE: All lots shall be a minimum of forty-five hundred (4, 500 square feet . Any modification of a proposed lot pattern that results from any condition attached by the city shall not be construed as a right to reduce the square footage of lots to less that forty-five hundred (4500) square feet . 6. CARD KEY BARRIERS: Entrances to the tract equipped with card key operated barrier or other restrictions to the free flow of traffic shall be provided with stacking space outside the traveled way of the adjoining public streets, for eight (8 ) vehicles . 7 . PARKWAY MAINTENANCE: The Association covenants to assume respon- sibil ty in perpetuity to maintain the parkway areas of 44th Avenue and Deep Canyon Road. 8. YARD MAINTENANCE: The Association covenants to maintain the front yard of each lot to the front fence of each lot . 9. Non-payment of assessments to owners ' association may result in a foreclosure against the owner. 10. The homeowner association may levy a fine against you for violation of CC&Rs or Bylaws . 11. The association or its authorized agents shall have the right to enter upon any lot for specific purposes set forth in the restric- tions. INTERESTS TO BE CONVEYED CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust and note will be used. These documents may contain the following provisions : A variable interest rate. This means that during the term of the loan the rate of interest may .be increased or decreased periodically in accord with the provisions of the loan documents . An acceleration clan e. This means that if you sell the property, the lender may declare the. entire unpaid balance immediately due and payable. A late charge. This means that if you are late in making your monthly payment you may have to pay an additional amount as a penalty. -7- of 9 pages FILE NO. 92423 AMENDED A prepayment penalty. This means .that if you wish to pay off your loan in whole or in part .before it is due, you may be required to pay an additional amount as a .penalty in accordance with the terms of the loan. BEFORE SIGNING, YOU SHOULD READ AND THOROUGHLY UNDERSTAND ALL LOAN DOCUMENTS. PURCHASE MONEY HANDLING: The subdivider must impound all funds received from you in escrow depository until .legal title is deliver- ed to you . (Refered to .Sections 11013 , 11013 .2 (a) of the Business and Professions Code. If the escrow has not closed on your lot within one year of the date of your escrow, you may request return of your deposit . GEOLOGIC CONDITIONS: THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES G OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES . FAULT MOVEMENTS, EARTHQUAKE SHAKING, RAPID EROSION OR SUBSIDENCE. THIS SUBDIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE HAZARDS MAY EXIST. SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT MAY OR MAY NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARATION. PURCHASERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGINEERING GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETER- MINE 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. FILLED GROUND: Some lots contain filled ground varying to a maximum of 5.9 feet. These soils are to be properly compacted for the in- tended use under the supervision of a state licensed engineer. SOIL CONDITIONS: Subdivider has certified that he will comply with the recommendations of the engineer, that the purchasers ' fund will be impounded in escrow, and that no escrows will close until recommen- dations have been completed. FLOOD AND DRAINAGE: Coachella Valley County Water District advises that this area Ts 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 . FIRE PROTECTION: Riverside County Department of Fire Protection in cooperation with the California Department of Forestry advises as follows : Fire protection is provided: Palm Desert County Fire station will respond with two engines and 'one "squad" "from "approximately 2 miles away and the 'Ind"io Count Fire 'Station will respond with one engine and one squad from "approximately 2" 1 2- miles away. SEWAGE DISPOSAL: Lot purchasers will be subject to a monthly sewage -8- of 9 pages FILE NO 42923 AMENDED A service charge of $5 .00. STREETS AND ROADS: The streets within the project will be maintained by the homeowners association. The costs of repair and maintenance of these streets are included in the budget and are a part of your regular assessment. PUBLIC TRANSPORTATION: Sunline bus service is available at Deep Canyon Road and Highway III. SCHOOLS: Desert Sands Unified School District advises that the location and distances from the most distant lot in the tract to the nearest schools serving this tract are as follows : Washington Elementary, 45-768 Portola, K-2 , 1 .5 miles; Lincoln Elementary, 74-100 Rutledge Way, 3-5, 1 .3 miles; Palm Desert Middle, 74-200 Rutledge Way, 6-8 , 1 .3 miles; Indio High, 81--750 Avenue, 9-12, 8 .3 miles . , School bus transportation is available and free to the aforesaid schools. NOTE: This school information was provided by the school district(s) prior to issuance of the public report . Purchasers may contact the local school district office(s) for any changes in school assignments, facilities and bus service. For further information in regard to this subdivision you may call (213 ) 620-2700, or examine the documents at 107 South Broadway, Room 7001, Los Angeles, California 90012 . BJ/ -9- and last FILE NO. 42923 AMENDED DEPARTMENT OF REAL ESTATE OF THE STATE OF CALIFORNIA TELEPHONE NO. 213-620-2700 In the matter of the application of FINAL SUBDIVISION DEEP CANYON, LTD. PUBLIC REPORT a Limited Partnership FILE NO. 42923 ISSUED: NOVEMBER 14, 1978 for a Final Subdivision Public Report on TRACT NO. 9144-1 EXPIRES: NOVEMBER 13, 1983 "HIDDEN PALMS" RIVERSIDE COUNTY, CALIFORNIA This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. Section 35700 of the California Health and Safety Code provides that the practice of discrimination because of race, color, religion,sex, marital status, national origin or ancestry in housing accommodations is against public policy. Under Section 125.6 of the California Business and Professions Code, California real estate licensees are subject to disciplinary action by the Real Estate Commissioner if they make any discrimination,distinction or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion,ancestry or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is guilty of such conduct, he or she should contact the Department of Real Estate. Information Regarding Schools can be found on Page 9 of this report. READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this SUBDIVISION. R/E Form 618 10/76 5=3-e05 12-77 sc OS* COMMON INTEREST SUBDIVISION GENERAL INFORMATION The project described in the attached Subdivision Public Report is known as a common-interest subdivision. head 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. `1 he 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. DRfe �'k. .cuY'."4.'.G.?:<�i:y>�5:��y#�+:'.;'�3•;Fun"v.:. .::in.�ra —2— of 9 pages FILE NO. 42923 SPECIAL NOTES TAXES: UNDER THE CALIFORNIA CONSTITUTION THE MAXIMUM AMOUNT OF PROPERTY TAX ON REAL PROPERTY THAT CAN BE COLLECTED ANNUALLY IS ONE PERCENT 11%) OF THE FULL CASH VALUE OF THE PROPERTY. FOR THE PURCHASER OF A LOT OR `UNIT IN THIS SUBDIVISION, THE "FULL CASH VALUE" OF THE LOT OR UNIT WILL BE THE VALUATION, AS REFLECTED ON THE TAX ROLL, DETERMINED BY THE COUNTY ASSESSOR AS OF THE DATE OF PURCHASE OF THE LOT OR UNIT OR AS OF THE DATE OF COMPLETION OF AN IM- PROVEMENT ON THE LOT IF THAT OCCURS AFTER THE DATE OF PURCHASE. THIS PROJECT IS A "PLANNED DEVELOPMENT." IT INCLUDES COMMON AREA AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN INCORPORATED OWNERS ASSOCIATION. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS NORMALLY LIMITED TO THE RIGHT OF YOUR ELECTED REPRESENTATIVES TO VOTE ON CERTAIN PROVISIONS AT MEETINGS. THE DEVELOPER IS OFFERING LOTS IMPROVED WITH SINGLE FAMILY AND DUPLEX BUILDINGS. SINCE THE COMMON PROPERTY AND FACILITIES WILL BE MAINTAINED BY AN ASSOCIATION OF HOMEOWNERS, AND IT IS ESSENTIAL THAT THIS ASSOCIATION BE FORMED EARLY AND PROPERTY, THE DEVELOPER MUST: 1. PAY ALL THE MONTHLY ASSESSMENTS WHICH HE OWES TO THE HOMEOWNERS ASSOCIATION FOR UNSOLD LOTS/UNITS -- THE PAYMENTS MUST .COMMENCE ON THE FIRST DAY OF THE MONTH IMMEDIATELY AFTER SUBDIVIDER CLOSES FIRST SALE (Regulations 2792. 9 and 2792.16) . THE HOMEOWNER ASSOCIATION MUST: 2. CAUSE THE FIRST ELECTION OF THE ASSOCIATION'S GOVERNING BODY TO BE HELD .WITHIN 15 DAYS AFTER 51% SELL-OUT, OR IN ANY EVENT, NO LATER THAN SIX MONTHS AFTER CLOSING THE FIRST SALE (Regulations 2792.17 and 2792.19) ; AND 3. PREPARE AND DISTRIBUTE TO ALL HOMEOWNERS A BALANCE SHEET AND INCOME STATEMENT. (Recrulation 2792.22) . THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION, RESTRICTIONS AND BYLAWS, BY -3-of 9 pages FILE NO. 42923 r + POSTING THEM IN A PROMINENT LOCATION IN THE: SALES OFFICE , AND FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUB STANTIALLY 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 DATE. THESE ITEMS WILL BE IMPORTANT TO THE BOARD OF OFFICERS OR THOSE WHO WILL MANAGE OR REPAIR COMMON FACILITIES IN THIS SUBDIVISION. WARNING: WHEN YOU SELL YOURLOT TO SOMEONE ELSE, YOU MUST GIVE THAT PERSON A COPY OF THE DECLARATION OF RESTRICTIONS, THE ARTICLES OF INCORPORATION, AND OF THE BYLAWS. IF YOU FORGET TO DO THIS, IT MAY COST YOU A PENALTY OF $500.00 -- PLUS ATTORNEY'S FEES PLUS DAMAGES. (SEE CIVIL CODE SECTION 1360.) INTERESTS TO BE CONVEYED: You will receive fee title to a specified lot, together with a membership in Hidden Palms Homeowners Association and rights to use the common area. LOCATION AND SIZE: This subdivision is located within the city of Palm Desert. This is the first increment which consists of approximately 20 acres divided into 72 residentaal lots in addition to the common area which consists of Lots 73 through 78, on which community facilities consisting of (5) tennis courts, (2) swimming pools, Cabana, Lake, green belt area and private street Lot "A" will be constructed. The developer has posted a bond for assuring completion of common area facilities, improvements, structures and landscaping on all common area lots in the amount of $614,036. of which $338,739 is estimated for Tract 9144-1. The estimated completion date for Tract 9144-1 is November, 1978. This first increment is part of a total project which, if developed as proposed, will consist of a total of 4 increments and 211 residen- tial lots, as well as common facilities consisting of (5) tennis courts , (4) swimming pools, Cabana Lake, maintenance building, greenbelt area and private street which will be constructed. The four increments as, proposed are as follows: Increment Tract Residential Lots Common Area Lots I 9144-1 72 6 II 9144-2 36 4 III 9144-3 41 4 IV 9144- 62 4 -4- of 9 pages FILE. NO. 42923 The total project if developed as proposed may consist of four increments and 211 residential lots, as well as 18 common area lots, including Lots 73 . through 78 of this :first increment. There is no assurance that the total project will be completed as proposed. MANAGEMENT AND OPERATION: The Hidden Palms Homemmers Association, which you must join, manages and operated the common area(s) in accordance with the Restrictions , Articles of Incorporation, and the Bylaws. MAINTENANCE AND OPERATIONAL EXPENSES: The subdivider has submitted a budget covering Increment 1 and 2 only for the maintenance and operation of the common areas and for long-term reserves covering Increments 1 and 2. You should obtain copies of these budgets from the subdivider. Under Increment 1 budget, the monthly assessment against each subdivision unit will be $143.68. Under Increment 2 budget, the monthly assessment per unit will be $140.00. Of these amounts, the monthly contributions toward long-term reserves which are not to be used to pay for current operating expenses are $14 .45 and $17.25 respectively. According to the subdivider, assessments under these budgets should be sufficient for {roper maintenance and operation of the common areas until the first two increments are completed at which time it may be anticipated that assessments will conform to the built- out budget, (Increments 3 and 4) . 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&Rs or Bylaws. In considering the advisability of a decrease (or a smaller increase) 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 ESTI- MATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACIL- ITIES AND WITH INCREASES IN COST OF LIVING. Monthly assessments will commence on all lots on the first day of the month following the closing of the first sale of a lot. From -5- of 9 pages FILE NO. 42923 i 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 has posted a bond in the amount of $55,296 as partial security for his obligation to pay these assessments. The governing body of the association should assure itself that the subdivider has satisfied his obligations to the association with respect to the payment of assessments before agreeing to a release or exoneration of the security. SUBSIDY: The subdivider will subsidize the project and has made f nancial arrangements to guarantee that purchasers assessment will not exceed $128.00 per month through all increments of this project by posting a bond in the amount of $119,106 to secure itg agreemefit to pay to the Hidden Palms Homeowners Association for a limited period of time commencing in Increment I and terminating on October 9, 1981 or when Tract 9144 is annexed to the project, which ever occurs first. EASEMENTSi Easements for utilities, storm drainage, ingress and egress, rights of way, water, sewers, and other purposes are shown on the title report and subdivision map recorded in the Office of the Riverside County Recorder, Book 95 of Maps, Page 96. RESTRICTIONS: This subdivision is subject to restrictions recorded in the Office of the Riverside County Recorder on August 18 , 1978 in Book 1958, page 174134 and re-recorded on September 11, 1978 in Book 1978, Page 190124,which include among other provisions the following: 1. Each lot within the properties, except for the common area, shall be improved and used and occupied only for private residential pur- poses. 2. No animals or birds, other than a reasonable number of generally recognized house or yard pets, shall be maintained on any lot within the properties and then only if they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes. No dogs are allowed on any common areas unless leashed and accompanied by an adult. 3. Unless otherwise permitted by the Association, no antenna or other device for the transmission or reception of television signals, radio signals or any form of electromagnetic radiation shall be directed, used or maintained outdoors on any property with the properties, 4hether attached to the building or structure or other- wise. -6- of 9 pages FILE NO. 42923 4. MANDATORY REAR YARD LANDSCAPING. within ninety (90) days from the c ose of escrow each lot owner must choose a rear yard landscape plan suitable to the Configuration of the lot and begin work thereon. The Declarant shall provide each lot owner a minimum of two alter- native landscape designs suitable for the configuration of the lot. If a choice has not been made, or work has not commenced in the prescribed time, or work has hot been completed within (6) months after commencement, the Association may select a landscape plan and have it installed. In such event, all costs incurred by the Association will be assessed to the lot owner. The Declarant shall have no duty to landscape any rear yard. 5. LOT SIZE: All lots shall be a minimum of forty-five hundred (4,500 square feet. Any modification of a proposed lot pattern that results from any condition attached by the city shall not be construed as a right to reduce the square footage of lots to less that forty-five hundred (4500) square feet. 6. CARD KEY BARRIERS. Entrances to the tract equipped with card kep operated barrier—or other restrictions to the free flow of traffic shall be provided with stacking space outside the traveled way of the adjoining public streets, for eight (8) vehicles. 7. PARKWAY MAINTENANCE. The Association covenants to assume respon- sibility in perpetuity to maintain the parkway areas of 44th Avenue and Deep Canyon Road. 8. YARD MAINTENANCE. The Association covenants to maintain the front yard of each lot to the front fence of each lot. 9. Non-payment of assessments to owners' association may result in a foreclosure against the owner. 10. The homeowner association may levy a fine against you for violation of CC&Rs or Bylaws. 11. The association or its authorized agents shall have the right to enter upon any lot for specific purposes set forth in the restric- tions. INTERESTS TO BE CONVEYED - CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust and note will be used. These documents may contain the following provisions : A variable interest rate. This means that during the term of the loan the rate of interesE may be increased or decreased periodically in accord with the provisions of the loan documents. An acceleration clause. This means that if you sell the property, the ender may declare t e entire unpaid balance immediately due and payable. A late charge. This means that if you are late in making your monthly payment you may have to pay an additional amount as a penalty. -7- of 9 pages FILE NO. 92423 A pre ayment penalty. This means that if you wish to pay off your loan in whole or in part before it is due, you may be required to pay an additional amount as a penalty in accordance with the terms of the loan. BEFORE SIGNING, YOU SHOULD READ AND THOROUGHLY UNDERSTAND ALL LOAN DOCUMENTS. PURCHASE MONEY DANDLING: The subdivider must impound all funds received from you in escrow depository until legal title is deliver- ed to you. (Refer to Sections 11013, 11013 .2 (a) of the Business and Professions Code. If the escrow has not closed on your lot within one year of the date of your escrow, you may request return of your deposit. GEOLOGIC CONDITIONS: THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTHQUAKE SHARING, 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 DETER- MINE 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. FILLED GROUND: Some lots contain filled ground varying to a maximum of 5.9 feet. These soils are to be properly compacted for the in- tended use under the supervision of a state licensed engineer. SOIL CONDITIONS: Subdivider has certified that he will comply with the recommendations of the engineer, that the purchasers' fund will be impounded in escrow, and that no escrows will close until recommen- dations have been completed. FLOOD AND DRAINAGE: Coachella Valley County Water District advises that 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. FIRE PROTECTION: " Riverside County Department of Fire Protection in cooperation with the California Department of Forestry advises as follows: Fire protection is provided: Palm Desert County Fire Station will respond with two engines and one s ua rom a. rox miles away and the Indio County Fire Station will respond with one engine and one s uad from a roximatel 1 miles away. SEWAGE DISPOSAL: Lot purchasers will be subject to a monthly sewage -8- of 9 pages FILE NO. 42923 service charge of $5.00. STREETS AND ROADS: The streets within the project will be maintained by t e homeowner association. The costs of repair and maintenance of these streets are included in the budget and are a part of your regular assessment. PUBLIC TRANSPORTATION: ' Sunline bus service is available at Deep Canyon Road and Highway III. SCHOOLS: Desert Sands Unified School District advises that the loc!o and distances from the most distant lot in the tract to the nearest schools serving this tract are as follows: Washington Elementary 45-768 Portola, R-2, 1.5 miles; Lincoln Elementary 74-100 Rutledge Way, 3-5, 1.3 miles; Palm Desert Middle, 74-200 Rutledge Way, 6-8, 1.3 miles; Indio High, 81-750 Avenue, 9-12, 8.3 miles. School bus transportation is available and free to the aforesaid schools . NOTE: This school information was provided by the school districts) prior to issuance of the public report. Purchasers may contact the local school district office(s) for any changes in school assignments, facilities and bus service. For further information in regard to this subdivision you may call (213) 620-2700, or examine the documents at 107 South Broadway, Room 7001, Los Angeles, California 90012 . BJ/ -9- and last FILE NO. 42923 ------------ Sv�N\P - va Sri- ZE 5 �61� II I �I i i y I . . r i I �I. i ii �i I T •✓ 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 February 18, 1977 Mr. Roger Harlow Director of Pupil Personnel Service Desert Sands Unified School District 83-049 Avenue 46 Indio, California 92201 Subject: Master Plan of Schools being .prepared by the School District Dear Roger: The Planning Commission of the City of Palm Desert has indicated their interest in the Master Plan work that is being done by the Unified School District under your guidance. The Planning Commis- sion is presently considering a two-hundred (200) unit housing complex at the corner of Deep Canyon Road and 44th Avenue and they have expressed a concern with regards to the impacts of such a project on the school district in relationship to other projects that have been approved in other jurisdictions within the school district.. The Planning Commission-has directed me to contact you and inquire as to the status of the school situation in the dis- trict in relationship to all the projects that are on the drawing boards of the various jurisdictions within the school district. Naturally., they are most concerned with regards to the schools in Palm Desert; but, in addition, they are concerned with the impacts of all the projects in the school district that are in. the planning stage or imminent on the high school in Indio. The project described above is scheduled for hearing on March 1, 1977, and I would appre- ciate talking with you prior to that meeting so that I may inform the Commission of any concerns you might have with regards to the status of the existing school facilities that might be affected by such a project in relationship to the other projects in the district that you are .aware of. Continued.. . .. . . . . ./ Mr. Roger Harlow Page Two February 18, 1977 If it .is possible, I would appreciate sitting down and discussing this situation with you face to face at your convenience. . Further, if you have any questions or if this letter is unclear, please feel -free to contact me at any time. Sincerely, \ PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION cc: Hidden Palms Development .Plan and Tract File PAW/mj i 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE January 27, 1977 APPLICANT DEEP CANYON LTD, 2101 East 4th Street, Suite 210 Santa Ana, California 92705 CASE NO. TT 9144, DP 02-77, and 52MF 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 March 1, 1977 DENIED APPROVED BY PLANNING C0:,21ISSION 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 g V,5,XX;X-MNXXYAS X-XH9)6XXX Harold Housley -73-770 Highway 111,Sui'te 8 MM Frank Urrutia - 73-350 E1 Paseo Y { 1 4� q 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 February 8, 1977 Mr. Harry Schmitz Director of Planning and Building City of Indian Wells 45-300 Club Drive Indian Wells, California 92260 Subject: Review of TRACT 9144 and DEVELOPMENT PLAN 02-77 Dear Harry: On January 5th, we did forward to you a proposed development known as Hidden Palms which is at the southeast corner of 44th Avenue and Deep Canyon and therefore abuts the common boundary . line between Palm Desert and Indian Wells. Said matter was re- viewed by the Palm Desert Planning Commission on -January 25th, and continued to .the March 1st Meeting to allow for revisions to the development. Since this matter was -continued' as continued, .I thought I'd write you and see if you have had any comments on this proj- ect due .to its magnitude .and location. . This is particularly im- portant since we are presently involved with .the applicants in getting the .plan revised and your input at this time would be in- valuable to come up with a -plan that is acceptable to both the City of Palm Desert and the City of Indian Wells. If you have not responded as of this date because your City has no concern regarding this project, please excuse this letter. If, on the other hand, your •Planning Commission or Council has some concern regarding this- project; I. would appreciate any com- ments you have as soon as possible. Very truly yours, PAUL A. WILLIAMS Director of Environmental Services City of Palm Desert, California PAW/mj cc: Tract 9144 and DP 02-77 PROOF OF PUBLIL-ii'ION This spa,—is 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 CSty___of---Palm Desert published weekly, in Palm Desert, County of ---------------------- Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, -Cam e-,ida-----TT-- 74 -- -- - - -- under date of October 5, 1964, Case Number 83658; that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of — — —---------------------------------------------- said news paper and not in an supplement thereof on LEGAL NOTICE Notice is hereby given that a Public Hearing will be held be- CITY OF PALM DESERT fore as ecia meeting of the Palm Desert Planning Commission A TENTATIVE SUBDIVISION MAP OF 200 CONDOMINIUM to tors der,a Tentative Subdivision Map for 200 Condominium the following dates to-wit: UNITS ON 47.5 ACRES FOR DEEP CANYON LTD.AND acres for Deep Canyon Ltd.and situated at the south- SITUATED IN THE PR-5,N ZONE DISTRICT- f Deep Canyon Road and 44th Avenue,in the PR-5,N CASE NO.TT 9144 Zo1 trict. CITY OF PALM DESERT Ci' 44TN AVENUE `F _ - -c?:'i G.. t ii CITY OF INDIAN WEU 1-/1 1/ 7________-__—_____-______________-__-___-__ G O L E T A A V E N U E ' x` ----------------------__--_______--_—__--__--____-__--________ I certify (or declare) under penalty or perjury that the ;� J foregoing is true and correct. FFF= ..._ COR7EZ N'A 9Z� O 9 F 6 ' A N 2 A -!-!!1-G[L_L_ j� _ Signature yr a�° `� 'r L. �•uy Q (� J C■ $:.N VARiNO WAY J 6 JL � • 6 T- C, E) Date--------- 197---7 TTFffRI r > t F at Palm Desert, California TIITfTTT1 i u STATE HIGHWAY 111 SAID Public Hearing will be held on Tuesday, January 25, Dated:January 10,1977 1977, at 7:00 p.m. in the Council Chambers of the Palm Desert -PAUL A.WI LLIAMS,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 PDP-1/13T1 and be heard. t PROOF OF PUBLICATION 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF TANNING COMMISSION ACTION DATE March 7, 1977 APPLICANT DEEP CANYON LTD. 2101 East 4th Street, Suite 210 Santa Ana, CA. 92705 CASE NO. DP 02-77, TT 9144, and 52MF (HIDDEN PALMS. The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of March 1, 1977 CONTINUED TO X -X)MMM REQUEST WITHDRAWN WITHOUT PREJUDICE. APPROVED BY PLANNING COMMISSION RESOLUTION PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH .THE PLANNING CO101ISSION 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 1� $? C=X FRANK J. URRUTIA MINUTES PALM DESERT PLANNING COMMISSION MARCH 1, 1977 Page Three Chairman Wilson asked if the applicant was present. He was not present. Chairman Wilson then opened the Public Hearing on Case No. DP 02-77 and asked if there was anyone present wishing to speak either in FAVOR of or OPPOSED to this project or the suggested continuance. Being no one, Chairman Wilson closed the Public Hearing and asked the Commission for their feelings. t Commissioner Reading moved that the Planning Commission accept the withdrawal, ' without prejudice, for Case No. DP 02-77 and TT 9144. Commissioner Kelly seconded the motion; motion unanimously carried. C. CONTINUED CASE No. TT 9144, DEEP CANYON LTD. , APPLICANT Request for approval of a Tentative Tract for a 200-lot subdivision for a planned residential development on 47.5 acres of land located in the PR-5,N District and situated at the southeast corner of 44th Avenue and Deep Canyon Road. (This matter was continued from the Special Planning Commission Meeting of January 25, 1977.) Mr. Williams suggested a similar minute motion for this case. Chairman Wilson stated that Commissioner Reading's motion had included the withdrawal of this tract. D. CASE NO. CUP 08-76(AMEND), DESERT EMPIRE TELEVISION CORPORATION-KMIR-TV, APPLICANT :Request for an Amendment of an approved Conditional Use Permit to allow for a revised Development Plan for a television studio and office facility on a 3-acre site located on the north side of Park View Drive, west of Monterey Avenue, in the PR-7,S.P. District. Chariman Wilson stated that he would first like to call on the City Attorney for his advice pertaining to this case. City Attorney Erwin stated that there were at least two commissioners who had declined to act on this case and who would possibly abstain from voting on the matter. However, due to Commissioner Berkey's absence, this left only two Commissioners to make a decision which was not a sufficient amount to constitute a quorum. Mr. Erwin then stated that it would be appropriate that the two. Commissioners, even though preferring to abstain, remain on the Commission and vote on the matter; otherwise there would be no authority to act. Mr. Erwin then asked the two Commissioners to identify themselves. Chairman Wilson stated that speaking as an individual, due to the -close proximity of this matrer to his occupational field, he would prefer not to vote on this matter, but in view of the situation, he would not abstain from voting. Commissioner Reading stated that he had an interest in the opposite station and he would prefer to abstain. At this time, Mr. Williams presented the staff report to the Commission. Said report included the applicant's request for an Amendment to the original Conditional Use Permit which the Planning Commission had approved by Resolu- tion No. 172 on August 31, 1976. The CUP was subsequently approved by the City Council in September of 1976. Mr. Williams then listed the following major revisions for the Development Plan, as requested by the applicant. L. Reduce the building size to 16,420 square feet. 2. Revise the design of the overall structure in terms of architectural treatment and layout. 3. Re-position the building on the proposed site to within 120 feet of Park View Drive versus the previously approved 400 feet. rryis�� Francisco j. urru.tia, a'.�.aa. &,. ..,,'associates. ' .. architecture land tannin 73-350 el paseo suite 201 palm desert, california 92260 714 — 346-0593'' r a J February 24, 1977 Mr. Paul Williams; Director of Environmental Services CITY OF PALM DESERT 45-275 Prickly Pear Lane Palm Desert, California 92260 Re: Hidden Palms Development Dear Paul, As a result of our discussion with the Planning Commission and City Planning staff, it is obvious that our original approach to the above project is not acceptable .to the City Planning Commission. It will be potentially necessary to re-program and re-design the project as per the Planning Commiss- ion' s requests. . Therefore, since time is now a problem, on behalf of the applicant, Deep Canyon LTD, we are request- ing that the Hidden Palms Project be withdrawn from . , ; the .Planning Commission's Agenda of. March 1;, 1977 to ailow further study and 'possible redesign'!' This " +' request would pertain to the Development and Tentative plans. - 5an erely, cisc J. �UrrutiaA�.IA. cc: Interstate Properties, Inc. FJU:sd S'a nF Tr JiVy T/ lal T ciTT ar (714) 345-2831 45-300 CLUB DRIVE INDIAN WELLS,CALIFORNIA 92260 ITLTUM IN P RV February 28, 1977 Mr. Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 RE: Tract 9144 and Development Plan 02-77 Dear Paul: Subject matter was reviewed and discussed February 24th by the Indian Wells Planning Commission. Their recommendations are being forwarded to our City Council for their March 3, 1977 meeting. The Indian Wells Planning Commission's consensus of opinion is as follows: 1) Development Plan 02-77 appears acceptable as proposed. 2) Tract 9144, which is coincident to the Indian Wells City limit, caused four items to be presented to the Palm Desert Planning Commission for their consideration. (a) Subject property is a portion of the proposed Indian Wells flood control system. Tentative plans require a channel, 300 feet in width, to occupy space at the western limits of the City of Indian Wells. (150' in City of Palm Desert -- 150' in City of Indian Wells) (b) Increase dwelling size from 1600 to 2000 square feet to be compatible with Indian Wells requirements, (c) Density should not exceed 3. 6 units per acre. (d) Screening, on the east side of Tract 9144 shall consist of either landscaping or block wall. We will forward to you the City Council comments as soon as they are available. Thank you for the opportunity to review. Very truly yours, R C E I V EC) CITY OF INDIAN WELLS ENVIRONMENTAL SERVICES HA$RY H. SC4ffWITZ CITY OF PALM DESERT Director of Building & Planning 71 MINUTES PALM DESERT PLANNING COMMISSION SPECIAL MEETING Commissioner Berkey moved that the Planning Commission continue the matter to the first meeting in March. fie 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. Chairman Wilson re-opened the Public Hearing to take any input from L.-j 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. Chairman Wilson asked if there was any additional rebuttal . Being ! Q 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 z 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 j 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 1 MINUTES PALM DESERT PLANNING COMMISSION SPECIAL MEETING HAROLD HOUSLEY, Civil Engineer representing the developers on this case, 73-700 Highway 111, spoke to the Commission and re- quested clarification on some of the conditions of approval. He explained that they had not received the revised set of conditions until just prior to tonight's meeting. Hunter Cook, City Engineer, stated that he would like to suggest that if the Commission did plan to continue the matter, he would be available to meet with the developers and Mr. Housley to resolve any clarification of the con- ditions of approval . Chairman Wilson asked Mr. Housley if this would be agreeable. Mr. Housley answered yes. Chairman Wilson stated that the Public Hearing was open on Case No. TT 9144 and was there anyone present who would like to address themselves to the staff recommendation for a continuance. Being no one, he then asked if there was anyone in OPPOSITION to the continuance. Being no one, he then asked for a motion. Commissioner Berkey moved to continue Case No. TT 9144 to the Plan- ning Commission meeting scheduled for March 1, 1977. Commissioner Reading seconded the motion; motion unanimously carried. D. CASE NO. C/Z 01-77, A. D. BABCOCK & DURCO CONSTRUCTION COMPANY, APPLICANTS Request for a Change of Zone from PR-16 (Planned Residential , 16 Units Per Acre) to R-3 (Multiple Family Residential , 17.4 Units Per Acre) , or other more appropriate zones on 2.475 acres of land located on the north side of Shadow Mountain Drive between Lupine Lane and Tumbleweed Lane. Mr. Williams stated that Mr. Fleshman would present the staff report to the Commission; however, he did want to review the correspondence which staff had received today from Mr. Robert B. Owen, a property owner and resident in the area of the pro- posed Change of Zone. Mr. Williams stated that the letter from Mr. Owen was a letter in fdvor of the Change of Zone as proposed, from PR-16 to R-3. Mr. Fleshman then presented the staff report to the Commission. He explained that this request for a Change of Zone would require Planning Commission recommendation to the City Council for approval . Further, he gave the background of the project and a short discus- sion pertaining to the original Sandroc development. Mr. Fleshman also requested that the Planning Commission add 40,000 square feet to the R-3 designation to prevent any parceling into several smaller lots. Finally, Mr. Fleshman stated that staff was recommending that the Planning Commission adopt Resolution No. 210, recommending approval of the Change of Zone to the City Council . He gave the following jus- tifications: 1. The Change of Zone does conform to the Palm Desert General Plan and it will not affect the health, safety, or general welfare of the community. 2. The Change of Zone will result in a decrease in density, without an overall decrease in amenities. e j. January 25, 1977 Page Six .... ... _ Y . uYY o�. � `•_ � (714) 345-2831 e qd �11 971 - 45-100 CLUB DRIVE INDIAN WELLS, CALIFORNIA 92260 RiiLYYw �U a' k i�RVD ' March 11, 1977 f I City of Palm :Desert P. O. Box 1648 Palm Desert, California 92260 RE: Planning Matters Gentlemen: Please be advised that on March 3, 1977, the City Council considered the referred City of Palm Desert cases: D.P. #2-77 Tract 9144 located at the SE corner of Deep Canyon Road and 44th Avenue The Indian Wells City Council concurred with the Indian Wells Planning Commissions recommendations. CUP #1-77 (City Yard) located south of SH 111 approximately 500 feet feast of Deep Canvon Road -The Indian Wells City Council had no objection. Very truly yours, CIT OF INDLA.N LLS PRINCE E. PIERSON City Manager PEP/kk Enc: City Council Minutes of March 3, 1977 Planning Commission Minutes -Page 4 . .February 24 , 1977 PUBLIC. IIEARING: CONDITIONAL USE PERMIT #2-77-1 CONTD -CONDITIONS: 1. ' The development of the premises shall conform substantially .-with that as shown on plot plan marked Exhibit "A" , and dated February 24., 1977 , on file with Conditional Use Case #2-77-1 In the office of the Indian Wells Planning Department unless I otherwise amended by the following conditions. ..2. Prior to the issuance of a building permit, occupancy, or -use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following : -Architectural and Landscaping Committee. Written evidence of said permit or clearance from the above shall be presented to the Department of Building and Planning. 3. The finished elevation of the floor of the tennis court shall be no higher than 6 '-0" below ground level. The finished grade -elevation of the lot shall not exceed 6" above existing grade. Prior to construction and issuance of a building permit, the applicant shall submit a complete grading plan to the Building and Planning Director for approval. 4. Prior to issuance of a building permit or grading permit, the :applicant shall submit a landscape plan to the Architectural -and Landscaping Committee for approval. Said plan shall indicate complete landscaping of the site generally in conformity with the plot plan marked Exhibit "A" . 5. No use shall be made of the tennis court or final inspection t given until all landscaping and .irrigation systems shall have been :installed and in operation. Lighting shall not be permitted. -r6. Plans for the gazebo shall be submitted for approval to the .Architectural & Landscaping Committee prior to issuance of a --building permit. '7. This approval shall be used °wi.thin 180 (days) after the effective date of approval, otherwise it shall become null and void and of no effect whatsoever. By "use" is meant substantial -construction of the development contemplated. 5. REFERRAL: (a) City of Palm Desert-- D..P.. #2-77 & Tract #9144 located at the SE corner of Deep Canyon .Road and 44th Avenue Planning Assistant Wilcox reviewed the Tentative Map for Tract #9144 as referred to the City from the Palm Desert Planning Commission for comments. The Palm Desert Planning Commission reviewed the the proposal and tabled the matter to their March 1, 1977 meeting. The development consists of 200 condominiums on 47 acres, some -two and four bedroom units. The .individual units range from 1300 to 1600 sq. ft. Indian Wells City Limits borders along the --eastern portion of the project. Following discussion and review of the plans, it was moved by Commissioner Garland, seconded by Commissioner Tobin and unanimously carried that the following items be presented to the Palm Desert Planning Commission for consideration in approval of the . projects 1. Subject property is a portion of the proposed In31an-Wells flood control system. 'Tentative plans require a channel , 300' in width, to occupy space at the western limits !of the City of Indian Wells. (.150' in City of Palm Desert ,' in City of Indian wells. ) - 0 i 4- �Planning Commission Minutes Page 5. February 24 , 1977 REFERRAL Tmv n PAr.M nrSrrim r�Nmn 2. Increase dwelling size from 1600 to 2000 sq. ft. to be compatible with Indian Wells requirements. 3. .Density should not .exceed 3.6 units per acre. 4. Screening, on the east side of Tract 9144 shall consist of either landscaping or block wall. b. Planning Assistant Wilcox further reviewed the C.U.P. #1-77 .for a proposed City Yard located -south of Highway 111 approximately 50.0 feet east of Deep Canyon Road. Following discussion, it was moved by Commissioner Tobin, seconded by'Commissioner Conner and unanimously carried that the Planning Commission has no objections to the proposal. -6. ELECTION OF PLANNING COMMISSIONERS FOR 1977 (CHAIRMAN AND VICE-CHAIRMAN) It was moved by Commissioner Conner, seconded by Commissioner Tobin and unanimously carried to postpone election of officers to the -March meeting. ADJOURNMENT: At 4:50 p.m. , meeting adjourned to March 10, 1977 at 3:00 p.m. �ANNE WILSCN , 'City Clerk -:City Council Minute:, Page 5. March 3, 1977 ' STAFF REPORTS & REQUESTS CONTD: b. City Manager Pierson requested that an Executive Session be held following adjournment of the meeting to discuss the flood -control lawsuit and other pending litigation with Col. Healey. Planning Director Schmitz discussed two referrals from the City of Palm Desert. Mr. Schmitz reviewed D.P. 42-77 and Tract 9144 located at the SE corner of Deep Canyon Road and 44th Avenue. The ' Indian Wells Planning Commission reviewed the sub-division and felt that several items should be pointed out for their considera- tion. Director Schmitz reviewed the Planning Commission 's recommendations. .Director Schmitz further reviewed C.U.P. #1-77 for a City Yard located south of Highway Ill approximately 500 feet east of Deep Canyon Road. C" ' Following discussion, it was moved by Councilman Buss, seconded by eye Councilman Oliphant and unanimously carried that the staff be direct, to notify the City of Palm Desert that the City Council concurs hL' with the Planning Commission's recommendations for Tract 9144 . h= Further, that they have no objections to C.U.P. #1-77 (City Yard) . d. City Attorney Erwin reviewed, correspondence from the City of Palm Desert relative to the requirement for an E.I.R. on a project for property located easterly of Bob Hope Drive within the City of Palm Desert's sphere of influence. Mr. Erwin commented that this .:matter requires no action from the City as the property is outside �_.:; -of the City's sphere of influence. No action was taken. e. City Attorney Erwin requested that the City Council accept the following sewer easements for property located within Sewer E " Assessment District 1173 and authorize the recordation of same : r; Brassfield Enterprises James H. & Fara Wayne Moore Vincent M. & Louisa G. Cortes Dellason, Inc. .John D. & Evelyn F. Sheets � . Indian Wells Country Club Estates Coachella Valley County Water District ram; It was moved by Councilman Buss, seconded by Councilman Oliphant 4� and unanimously carried to accept the sewer easements and authorize` the recordation of same. ADJOURNMENT: At 4 : 30 p.m. , meeting adjourned to Executive Session to discuss the .flood control lawsuit and other pending litigation with Col. Healey. Executive Session was continued to Thursday, March loth at 12 :30 p.m. at a place to be designated by the Mayor. JEANNE WILSON City Clerk. y 7/ 9i MINUTES PALM DESERT PLANNING COMMISSION MARCH 1, 1977 Page Three o w 0 w Chairman Wilson asked if the applicant was present. He was not present. < Chairman Wilson then opened the Public Hearing on Case No. DP 02-77 and asked to if there was anyone present wishing to speak either in FAVOR of or OPPOSED to ►� \ this project or the suggested continuance. Being no one, Chairman Wilson closed Zthe Public Hearing and asked the Commission for their feelings. r Commissioner Reading moved that the Planning Commission accept the withdrawal, without prejudice, for Case No. DP 02-77 and TT 9144. Commissioner Kelly seconded the motion; motion unanimously carried. C. CONTINUED CASE NO. TT 9144, DEEP CANYON LTD. , APPLICANT Request for approval of a Tentative Tract for a 200-lot subdivision for a planned residential development on 47.5 acres of land located in the PR-5,N District and situated at the southeast corner of 44th Avenue and Deep Canyon Road. (This matter was continued from the Special Planning Commission Meeting of January 25, 1977.) Mr. Williams suggested a similar minute motion for this case. Chairman Wilson stated that Commissioner Reading's motion had included the withdrawal of this tract. D. CASE NO. CUP 08-76(AMEND) , DESERT EMPIRE TELEVISION CORPORATION-KMIR-TV,_ APPLICANT Request for an Amendment of an. approved Conditional Use Permit to allow for a revised Development Plan for a television studio and office facility on a 3-acre site located on the north side of Park View Drive, west of Monterey Avenue, in the PR-7,S.P. District. Chairman Wilson stated that he would first like to call on the City Attorney for his advice pertaining to this case. City Attorney Erwin stated that there were at least two commissioners who had declined to act on this case and who would possibly abstain from voting on the matter. However, due to Commissioner Berkey's absence, this left only two Commissioners to make a decision which was not a sufficient amount to constitute a quorum. Mr. Erwin then stated that it would be appropriate that the two Commissioners, even though preferring to abstain, remain on W the Commission and vote on the matter; otherwise there would be no authority Zi to act. Mr. Erwin then asked the two Commissioners to identify themselves. W QChairman Wilson stated that speaking as an individual, due to the close W proximity of this matrer to his occupational field, he would prefer not F- to vote on this matter, but in view of the situation, he would not abstain Zfrom voting. Commissioner Reading stated that he had an interest in the opposite station and he would prefer to abstain. At this time, Mr. Williams presented the staff report to the Commission. Said report included the applicant's request for an Amendment to the original Conditional Use Permit which the Planning Commission had approved by Resolu- tion No. 172 on August 31, 1976. The CUP was subsequently approved by the City Council in September of 1976. Mr. Williams then listed the following major revisions for the Development Plan, as requested by the applicant. 1. Reduce the building size -to 16,420 square feet. 2. Revise the design of the overall structure in terms of architectural treatment and layout. 3. Re-position the building on the proposed site to within 120 feet of Park View Drive versus the previously approved 400 feet. CITY of PALM DESERT STAFF REPORT To: Planning Commission Applicant: DEEP- CANYON LTD. Case No. : TRACT 9144 I. REQUEST. That approval be granted for a 200-lot subdivision for a planned residen- tial development .on property in the PR-5 Zone District and located at the southeast corner of Deep Canyon and 44th Avenue. 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. 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 of Palm Desert, and the State Map Act. III. BACKGROUND: A. Tract Size: 47.5 acres B. Proposed Lots: 200 lots C. Zoning: Pr-5, N D. Adjacent Zoning: North - O.S. South - 'S' and PR-5 East - Indian Wells City Limit West - R-1 and PR-5 E. Environmental Finding: This project is exempt from the requirements of CEQA, as an EIR was previously prepared for a similar project on the same property. f January 25, 1977 Page One IV. DISCUSSION°OF LEVEL OF IMPROVEMENTS: As a part of the development, the staff is requiring specific improve- vents along Deep Canyon and 44th Avenue, as shown on attached Exhibit A-1. Said improvements do include a combination pedestrian-bicycle path to be located in an 18 foot parkway. Regarding the. phasing of the project, the staff is recommending the dedication and improvement of the Park .si.te and that all improvements along Deep Canyon be done as a part of Phase I. Further, along with Phase II , all the improvements along 44th Avenue shall be done. As in a previously approved subdivision, the staff is requiring sidewalk and street lights throughout the project. Finally, Condition No. 23 specifies the participation J n. the cost- of a traffic signal at the inter- section of 44th Avenue and Deep Canyon Road when the warrants are suffi- cient to justify the installation. January 25, 1977 Page Two *****ATTENTION***** DUE TO AN EXTREMELY HEAVY WORKLOAD., SOME REFINEMENT TO THE PROPOSED CONDI- TIONS MAY BE RECOMMENDED DURING THE STUDY SESSION ON TUESDAY. EVERY EFFORT WILL BE MADE TO NOTIFY THE APPLICANT OF ANY REFINEMENTS AS SOON IN ADVANCE OF THE MEETING AS POSSIBLE. PLANNING COMMISSION RESOLUTION NO. 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 FOR DEVELOPMENT OF A 200-LOT SUBDIVISION ON 47.05 ACRES OF LAND, GENERALLY. LOCATED AT THE SOUTH- EAST CORNER OF THE INTERSECTION OF DEEP CANYON ROAD AND 44TH AVENUE. CASE NO. TRACT 9144 WHEREAS, the Planning Commission of the City of Palm Desert, California, did receive a verified application from DEEP CANYON LTD. requesting approval of a 200-lot condominium subdivision .on 47.05 acres of land, located in the PR-5, N Zone District and situated at the southeast corner of the intersection of Deep Canyon Road and 44th Avenue, and more particularly described as: The NW 4 of the SW 4 of the NE 4 of Section 21 T.5S, or 6E S.B.B.&M. Excepting therefrom westerly 44' nor- therly 55' and N 4 of SE 4 of PIE 4 of the NE 4 of said Section. WHEREAS, said application has complied with the requirements of the ':City of.Palm Desert Environmental Quality Procedure Resolution Number 74-14", in that a final Environmental Impact Report was certified for a similar project on the site known as CUP 1493E and Tract 5075 and the proposed project has been determined to have no greater environmental impacts pursuant to Section 15067 of the Califor- nia Administrative Code; and, WHEREAS, the Planning Commission did take into consideration the Tentative Map as submitted, and the reports of the-various reviewing agencies; and, WHEREAS, the Planning Commission did find that the subject Tentative Map does substantially comply with the City of Palm Desert Code, and the State of California Subdivision Map Act, as;amended; 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) that it does hereby recommend approval to the City Council of the City of Palm Desert, California, of the above described Tentative Map No. 9144, subject to fulfillment of the attached conditions. FURTHER, BE IT RESOLVED that the recommended Conditions of Approval do include a requirement that the applicant dedicate Lot "C" to comply to the re- -1- Planning Commission Resolution No. quirements of Article 26. 15 of the City of Palm Desert Subdivision Ordinance. In addition, it is recommended that the -Council accept the applicant's offer to make certain improvements to said Lot as shown on Exhibit A. Case No: DP 02-77, at no cost to the City. In return, .it is recommended that the City Council agree to complete the development of the park site in conformance with a master plan for said park, as developed by the City, within five (5) years of .the date that the final dedication of all of Lot "C" is accepted. PASSED, APPROVED, and ADOPTED at a special meeting .of the Palm Desert Planning Commission, held on this 25th day of January, 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: S. ROY WILSON, CHAIRMAN ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION -2- PLANNING COMMISSION REVISED RESOLUTION NO. JANUARY 25, 1977 CONDITIONS OF APPROVAL CASE NO. TRACT 9144 1. Full public improvements including paving, curb, gutter, pedestrian and bicycle systems, street landscaping, standard street signing, street lights, sewer, water and drainage facilities, and necessary appurtenances shall be installed as required by ordinance, these conditions, and the City Engineer. 2. Drainage facilities satisfactory. to the City -Engineer shall be provided. These shall be sufficient to maintain at least one lane of traffic free of water on local streets in a one-year storm and two lanes for collectors. Water shall not be allowed to top the curbs in a ten-year storm and shall not be allowed to flood any building pads in a .100-year storm. 3. Tract shall" be processed in accordance with all .applicable provisions of Ordinance 125, Subdivision Ordinance. 4. Deep Canyon Road and 44th Avenue, including the frontage of Lot "C" , shall be constructed to City Standards as approved by the City Engineer, including but not limited to: a. 32' wide travel way and a 12' wide parkway on Deep Canyon. 40' wide travel way and a 15' wide parkway on 44th Avenue. b. 8' wide meandering pedestrian and bicycle path of not less than 4" concrete. c. Curb and gutter to City Standards. d. Landscaping and sprinkler system as approved by the City Engineer. 5. Access rights on all lots abutting Deep Canyon Road and 44th Avenue shall be offered to the City as a dedication on the Final Map. 6. Lot 200 shall be offered to the City for future road purposes as a dedica- tion on the Final Map. 7. Developer shall provide five (5) foot wide P.C.C. sidewalks on both sides of all local streets, as required by the City Engineer. 8. The proposed street names are not approved. Prior to submittal of the Final Map, the applicant shall provide the City with a list of proposed street names with at least three alternatives. The approval of the final street names shall be made by the Director of Environmental Services. 9. All lots shall be a minimum of 6,700 square feet. Any modification of the proposed lot pattern that results from any condition attached by the City shall not be construed as a right to reduce the square footage of the lots to less than 6,700 square feet. 10. In compliance with Article 26..15 of the City's Subdivision Ordinance, Lot "C" shall be offered for dedication to the City for neighborhood and public facilities as a part of the approval of the Final . Map. 11. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 12. Prior to approval of the Final Map and improvement plans, a grading plan of the tract shall be submitted to the City Engineer for approval , including diversion methods proposed for existing irrigation channels. -1- L� REVISED JANUARY 25, 1977 CASE NO. TRACT 9144 13. The C.C. & R's for this development shall -be submitted to the City Attorney for review and approval prior to the issuance of any building permits. Said document shall include provisions for maintanance of the front yard areas of all lots and common maintenance of all date palms. 14. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 15. Install a water system capable of delivering 1,500 GPM fire flow for a two-hour duration in addition to domestic or other 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 measure- ment. 16. Install Riverside County super fire hydrants so that no point of any building is more than 500 feet from a fire hydrant measured along approved vehicular travelways. a. The location of all hydrants .shall be approved by the City Fire Marshall. b. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted orange. c. Curbs shall .be painted red fifteen (15) feet in either direction from each hydrant. 17. The water system shall be signed by a registered civil engineer and approved ' by the water company, with -the following certification: "I certify the design of the water system in Tract No. 9144 is in accordance with the requirements prescribed by the City Fire Marshall". 18. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 19. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director. of Environmental Services. 20. Complete plans and specifications shall be submitted as required for checking and approval , before construction of any improvements is commenced. The sub- divider shall submit the original drawings revised to reflect as-built condi- tions, prior to acceptance of the subdivision improvements by the City or Special District. 21. All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances. 22. The subdivider shall enter into a future improvement agreement with the City to participate in the signalization of the Deep Canyon Road and 44th Avenue intersection on the basis of up to one-fourth participation in the cost of the installation of the signal at such time as the City Engineer determines that traffic signal warrants are met. The actual amount will be based on the ratio between the traffic from the development contributing to the warrants and the total traffic using the intersection during the warrant hours. 23.. All required public improvements and dedications shall be made as a part of any Final Map on .all or a portion of the property shown as Tract No. 9144, except that the project may be developed in a maximum of five (5) phases sub- ject to the limitation specified in the conditions of approval of Case No. DP 02-77, and as follows: -2- REVISED JANUARY 25, 1977 CASE NO. TRACT 9144 a. Any proposed first phase shall include full dedication and improve- ment of Deep Canyon Road including Lot "C", the intersection of Deep Canyon Road and 44th Avenue and all interior streets required to pro- vide adequate access and circulation. b. Any proposed second phase shall include full dedication and improve- ment of 44th Avenue, required undergrounding on 44th Avenue, and all interior streets required to provide adequate access, circulation; and connection with the second entrance to the subdivision from 44th Avenue. c.. Subsequent phases shal_l .include full dedication and improvement of all interior streets required to provide adequate access and circula- tion. 24. Area shall be annexed to Improvement Districts No. 54 and No. 80 of the Coachella Valley.County Water District. 25. Street labeled Lot "A" shall be constructed as a 60' right-of-way between Lots 66 & 73. 26. Install storm drain and appurtenances along the project frontage in accord- ance with the City's Master Plan of Drainage. Said drain shall be extended as required by the City Engineer sufficiently to allow it to function on an interim basis. 27. Typical street sections of 44th Avenue and Deep Canyon Road shall be as determined by the City Engineer. 28. Install full publ-ic improvements as required .by ordinance and the City Engineer. 29. Street lights shall be installed on all streets. The lighting level shall meet traffic safety standards on 44th Avenue and Deep Canyon Road. Interior streets may be illuminated to a lesser level . Precise details shall be subject to approval of the .City Engineer. -3- CITY of. PALM DESERT STAFF REPORT To: Planning Commission Report On: 217-Lot Subdivision Applicant: DEEP CANYON, LTD. Case No. : TRACT 9144(REVISED) I. REQUEST: That approval be granted for a 217-lot subdivision for a planned residential development on property in the PR-5 Zone District and located at the south- east corner of Deep Canyon Road and 44th Avenue. II. STAFF RECOMMENDATION: That the Planning Commission, by Resolution No. 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 development. 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. 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 of Palm Desert, and the State Map Act. III . BACKGROUND: A. Tract Size: 47.05 Acres B. Proposed Lots: 217 Lots (5 lots to be held in common) C. Zoning: PR-5,N D. Adjacent Zoning: North - O.S. South - 'S' and PR-5 East - Indian Wells City Limit West - R-1 and PR-5 E. Environmental Finding: This revised project has been reviewed in light of a previously prepared EIR and by a Negative Declara- tion. It has been determined that the proposed pro- ject will not have any more significant impacts than the previous project. The appeal period on the Nega- tive Declaration expired on July 5, 1977. , July 5, 1977 Page One - Planning Commission Staft Report Case No. : TRACT 9144(Revised) . July 5, 1977 Page Two IV. DISCUSSION OF LEVEL OF IMPROVEMENTS: The proposed subdivision is to consist of 21.7. 1ots of which five are to be common lots. The proposed private lots are to vary in size from as small as 4,500 sq. ft. to as large as 6,050 sq. ft. All the interior streets are to 'Ue private varying in size from 36 feet in width to 50 feet in width. The recommended conditions of approval require several revisions to the pro- posed improvements along the public streets including the required timing of said improvements. In addition, said conditions require deletion of lot no. 123 in conformance to the requirements of the related Development Plan. In conformance with the desire of the Commission to provide more substantial private recreational facilities, the applicant has eliminated the public park that was shown on the original submittal . Instead, the applicant is proposing to pay in lieu fees to conform to the Subdivision Ordinance requirements. As- suming the present assessed value of the property, the applicant would provide the market value of 2.532 acres of the subject property or approximately. $16,479.. PLANNING COMMISSION RESOLUTION NO. ` 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 FOR DEVELOPMENT OF A 216-LOT SUBDIVISION ON 47.05 ACRES OF LAND, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF DEEP CANYON ROAD AUD 44TH AVENUE. CASE NO. TRACT 9144(REVIS.ED) WHEREAS, the Planning Commission of the City of Palm Desert, California, did receive a verified application from DEEP CANYON, LTD. , requesting approval of a 217-lot condominium subdivision on 47.05 acres of land,, located in the PR-5,N Zone District and situated at the southeast corner. of the intersection of Deep Canyon Road and 44th avenue, and more particularly described as: The NW 4 of the SW 4 of the NE 4 of Section 21, T5S, R6E, SBB & M Excepting therefrom westerly 44' northerly 55' and N 4 of SE 4 of NE 4 of the NE 4 of said Section. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7" , in that a final Environmental Impact Report was certified for a similar project on the site known as CUP 1493E and Tract 5075 and the proposed project has been determined to have no. greater environmental impacts pursuant to Section 15067 of the California Administrative Code by a Negative Declaration whose appeal period has expired; and WHEREAS, the Planning Commission did take into consideration the Tentative Map as submitted, and the reports of the various reviewing agencies; and WHEREAS, the Planning Commission did find that the subject Tentative Map does substantially comply with the City of Palm Desert Code, and the State of California Subdivision Map Act, as amended; and WHEREAS, the Planning Commission did find that the subject Tentative Map does comply with the City's 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. 'That it does hereby recommend approval to the City Council of the City of Palm Desert, California, of the above-described Tentative Map No. 9144, subject to fulfillment of the attached conditions. Case No. .TRACT 9144 Planning Commission Resolution .No.V FURTHER, BE IT RESOLVED that the recommended conditions of approval do include a requirement that the applicant pay in-lieu fees on a 2.532-acre portion of the subdivision to comply to the requirements of Article 26. 15 of the City of Palm Desert Subdivision Ordinance. In return, it is recommended that the City. Council agree to use said fees for park purposes in conformance with an adopted master plan, within five (5) years of the recordation of the final map. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert; Planning Commission, held on this 5th day of July, 1977, by the following vote, t0 wit: AYES: NOES: ABSENT: ABSTAIN: GEORGE BERKEY, CHAIRMAN ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION i 1 PLANNING COMMISSION RESOLUTION NO. JULY 5, 1977 CONDITIONS OF APPROVAL TENTATIVE TRACT 9144 1. Full public improvements including paving, curb, gutter, .pedestrian and bicycle systems, street landscaping, standard street signing, street lights, sewer, water and drainage facilities, and necessary appurtenances shall be .. installed as required by ordinance, these conditions, and the City Engineer. 2. Drainage facilities satisfactory to the City Engineer shall be provided. These shall be sufficient to maintain at least one lane of traffic free of water on local streets in a one-year storm and two lanes .for collectors. Water shall not be allowed to top the curbs in a ten-year storm and shall not be allowed to flood any building pads in a 100-year storm. 3. Design shall conform to city design criteria and standards. 4. Applicant shall dedicate a. 15 foot easement for drainage purposes along the easterly tract boundary. 5. Minimum curb-to-curb width of "8" street shall be 40 feet. 6. Cul-de-sacs shall have minimum curb radius of 40 feet. 7. Lot 123 shall .be deleted and replaced with an emergency access a minimum of . 14' wide as approved by the City Fire Marshal . The remainder of the lot width shall be dispersed among lots 100-130.as approved by the City. 8. Applicant shall provide public access to the property east of Lots 95-112 or demonstrate .to the satisfaction of City Engineer that access is avail- able. 9. Final section of Deep Canyon and Avenue 44 shall be subject to approval of City Engineer. An 8 foot P.C.C. sidewalk shall be provided along Avenue 44. 10. Individual lots on cul-de-sacs shall have minimum 35 foot width measured at a point 50 feet from center of cul-de-sacs. ll .. The location of "J", "M", & "N" streets shall be modified to satisfaction of the City Engineer to eliminate blind approaches to the intersection on the inside of curves. 12. Access rights on all lots abutting Deep Canyon Road and 44th Avenue shall be offered to the City as a dedication on the Final Map. 13. The proposed street names are not approved. Prior to submittal of the Final Map, the applicant shall provide the City with a list of proposed street names, with at least three alternatives. The approval of the final street names shall be made by the Director of Environmental Services. 14. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 15. The subdivider shall enter into a future improvement agreement with the City to participate in the signalization of the Deep Canyon Road and 44th Avenue intersection on the basis of up to one-fourth participation in the cost of the installation of the signal at such time as the City Engineer determines ! that traffic signal warrants are met. The actual amount will be based on the ratio between the traffic from the development contributing to the warrants and the total traffic using the intersection during the warrant hours. 16. . Street lights shall be installed on all streets. The lighting level shall meet traffic safety standards on 44th Avenue and Deep Canyon Road. Interior streets may be illuminated to a lesser level . Precise details shall be subject to approval of the City Engineer. PLANNING COMMISSION RESOLUTION NO. CASE NO. TT 9144 PAGE TWO 17. If development is done in phases, .timing of the construction of public improvements and interior streets shall be .subject to the approval of the . City Engineer. 18. Construction of private streets shall be inspected by the. Engineering Department and a standard inspection fee shall be paid. 19. Applicant shall agree to voluntarily participate in any assessment dis- trict formed to install drainage facilities to serve the drainage area which includes this tract. 20. Pedestrian walkways shall be provided along-all streets. 21 . Deep Canyon Road and 44th Avenue shall be dedicated and constructed as half streets to City Standards, as approved by the City Engineer, including but not limited to: a. 46' wide travel way and a 12' wide parkway on Deep Canyon Road. 40' wide travel way and 30' wide parkway on 44th Avenue. b. . 8' wide meandering pedestrian and bicycle path of not less than 4" thick concrete. c. Curb and gutter to City Standards. d. Landscaping and sprinkler system as approved by the City Engineer. 22. All lots shall be a minimum of 4,500 square feet. Any modification of the proposed lot pattern that results from any condition attached by the City shall not be construed as a right to reduce the square footage of the lots to less than 4,500 square feet. 23. In compliance with Article 26.15 of the City's Subdivision Ordinance, in-lieu fees shall be paid as a part of the approval of the'Final Map. 24. The development of the property described herein .shall be subject to the restrictions and limitations set forth .herein which are in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 25. The C.C. & R's for this development shall be submitted to the City Attorney for review and approval prior to the issuance of any building permits. Said document shall include provisions for maintenance of all lots and common areas and a provision .assuming :the responsibility in perpetuity the responsibility of maintenance of the parkway areas on 44th Avenue and Deep Canyon Road. . 26. In order to maintain reasonable fire protection during the .construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recom- mended by the Fire Department. 27. Install a water system capable of delivering 1 ,500 GPM fire flow for a two- hour duration in addition to domestic or other supply. The computation 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. i 28. Install Riverside County super fire hydrants so that no point of any building is more than 400 feet from a fire hydrant measured along. approved vehicular travelway5. a. The location of all hydrants shall be approved by the City Fire Marshal . b. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. c. Curbs shall be painted ref fifteen (15) feet in either direction from each hydrant. PLANNING COMMISSION RESOLUTION NO. TRACT 9144 (Revised) PAGE THREE 29. Prior to recordation of the Final Map, the developer shall furnish the original and three copies of the water system plan to the Fire. Marshal for review. The. ; water system shall be signed by a registered civil engineer and approved .by the water company, with the following certification: "I certify the design of. the water system in Tract No. 9144 is in accordance with the requirements pre- scribed by the City Fire Marshal". Upon approval , the original plan will be returned to the developer. 30. Complete plans and specifications shall be submitted as required for checking and approval , before construction of any improvements is commenced. The sub- divider shall submit the original drawings revised to reflect as-built condi- tions, prior to acceptance of the subdivision., improvements by the City or Special District. 31 . .All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances. 32. Area shall be annexed to Improvement Districts No. 54 and No. 80 of the Coachella Valley County Water District. 33. Entrances to tract equipped card key operated barrier or other restrictions to free flow of traffic shall be provided with stacking space outside the traveled way of the adjoining public streets, for 8 vehicles. 34. No street shall be less than 36 feet in width. AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all .the conditions set forth, and understand the Department of Building and Safety will not issue a building permit or .allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. Date Applicant's Signature i Planning Commission Resolution No. Conditions of Approval Case No. TRACT 9144(Revised) July 5, 1977 Page DEPARTMENT OF FIRE PROTECTION IN COOPERATION WITH THE COUNTY s�.C-.'}[:=Al•. CALIFORNIA DIVISION OF FORESTRY RlVF;'RSlUE DAVID L. FLAKE: COUNTY FIRE WARDEN P.O. eox 2de �210 WEST SAN JACINTOSTREET PERRIS, CALIFORNIA 92370 TELEPHONE (7141 657-3183 June 21 , 1977 Paul Williams Director of Environmental Services City of Palm Desert RE: Tentative Tract No. 9144 Gentlemen: 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 computation shall be based upon a minimum of 20 psi residual operating presure 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 400 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 green. 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. 9144 is in accordance with the requirements prescribed by the Fire Marshal . " Upon approval , the original plan will be returned to the developer. 5. Cul-de-sac roads should be redesigned to a length of no more than feet and provide a sixty foot turn-around at the end of the street for fire apparatus. Very truly yours, ( 1 David L. Flake Fire Chief Bud Engel Fire Marsahl BE/ks Co U N T y ESTABLISHED IN 1918 AS A PUBLIC/ 'CY D/fTRIL� 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 - June S 977 REDWINE AND SHERRILL. ATTORNEYS , WILLIAM e. GARDNER J File: 0163. 11 Department of Environmental Services City of Palm Desert P. 0. Box 1648 Palm Desert, California 92260 Re: Tract: 9144 Sec. 21 , T5S, R6E Gentlemen: 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 Dis- trict . This area shall be annexed to Improvement Districts Nos. 54 & 80 of the Coachella Valley County Water District for sanitation service. Very traly yours, i / L / Lowe 1 0. Weeks General Manag r-Chief tngineer KEH:vh cc: Health Department Oasis Indio, California 92201 JUN 171977 ENVIRONMENTAL &EFIVICES MV OF PALM D&SERT PLANNING COMIIMISSION RESOLUTION NO. JANUARY 25, 1977 CONDITIONS OF APPROVAL CASE NO. TRACT 9144 1. Full public improvements including paving, curb, gutter, pedestrian and bicycle systems street landscaping, standard street signing, street lights, sewer, water and drainage facilities, and necessary appurtenances shall be installed as required by ordinance, these conditions, and the City Engineer. 2. Drainage facilities satisfactory to the City Engineer shall be provided. These shall be sufficient to.maintain at least one lane of traffic free of water on local streets in a one-year storm and two lanes for collectors. Water shall not be allowed to top the curb in a ten-year storm and shall not be allowed to flood any building pads in a 100-year storm. 3. Tract shall be processed -in accordance with all applicable provisions of Ordinance 125, Subdivision Ordinance. 4. Deep Canyon Road and 44th Avenue, .-including the frontage of Lot "C" , shall be constructed to City Standards as approved by the City Engineer, including but not limited to: a. 32 foot wide travel way and an 12 foot wide parkway on Deep Canyon. 40 foot wide travel way and a 15 foot wide parkway on 44th Avenue. b. $ foot wile meandering pedestrian and bicycle path of not less than t�e5inches concrete. t � C. IJKVMW curb and gutter, 4% I%w t . o sul�=d on at- R . ji to all pr� d s: xxe ��n t rser of Dee on h cIIP t; a' at ati s a h yr a.i t ;ect+ l u _ sti n ec` o" on p you g,. Landscaping and sprinkler system as approved by the City Eng', ,eer, 5. Access rights on all lots abutting Deep Canyon Road and 44th Avenue shall be offered to the City as a dedication on the Final Map. X 6. Lot 200 shall be offered to the City for future road purposes as a dedi- cation on the Final Map. 7. Developer shalll provide five (5) foot wide P.C.C. sidewalks on both sides of all local streets, as required by the City Engineer. a. The proposed street names are not. approved. Prior to submittal of the Final Map, the applicant shall provide the City with a list of proposed street names with at least three alternatives. The approval of the final street names shall be made by the Director of Environmental Services. ` 9. All lots shall be a minimum of 6,700 square feet. Any modification of the proposed lot pattern that results from any condition attached by the City shall not be construed as a right to reduce the square footage of the lots to less than 6,700 square feet. 10. In compliance with Article 26. 15 of the City's Subdivision Ordinance, Lot "C" shall be offered for dedication to the City for neighborhood and public facilities as a part of the approval of the Final Map. 1- CASE NO. TRACT 9144 11. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 12. Prior to approval of the final map and improvement plans, a grading plan of the tract shall be submitted to the City Engineer for approval , including diversion methods proposed for existing irrigation channels. 13. The C.C. & R's for this development shall be submitted to the City Attorney for review and approval prior to the issuance of any building permits. Said docement shall include provisions for maintenance of the front yard areas of all lots and common maintenance of all date palms. 14. In order to maintain reasonable firm protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 15. Install a water system capable of delivering 1,500 GPM fire flow for a two hour duration in addition to domestic or other 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 measure- ment. 16. Install Riverside County super fire hydrants so that no point of any building is more than 500 feet from a fire hydrant measured along approved vehicular travelways. a. The location of all hydrants shall be approved by the City Fire Marshall . b. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted orange. c. Curbs shall be painted red fifteen (15) feet in either direction from each hydrant. 17. The water system shall be signed by a. registered civil engineer and approved by the water company, with the following certification: I certify the design of the water system in Tract No. 9144 is in accordance with the requirements prescribed by the City Fire Marshal 1 . / ffi ' t Po ii of di f.o f tided mestic water i s ze 1 .a Af r ict . i be ed t pub as 4 •19. Improvement plans for water and sewer system shall meet: the requirements of the respective service districts. 20. " Ail on•-site -ilities, -including cable TV, shall be placed under nd and sha-1-1---be completely concealed from view. M14t^e. ^' 21. Complete plans and specifications shall be submitted as required for checking and approval , before construction of any improvements is commenced. 'file sub- divider shall submit the original drawings revised to reflect as-built condi.- tions, prior to acceptance of the subdivision improvements by the City or Special District. 22. All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances. 23. The subdivider shall enter into a future improven-pent agreement with the City to participate in the signalization of the Deep Canyon Road and 44th Avenue intersection on the basis of up to one fourth participation in the cost of the installation of the signal at such time as the City Engineer determines / that traffic si�gnal warrants are met.`dC OA 0,.r00- 104 &l�ii 4* �l//V qoo '0 . /S + `a�-4. 4ti•r.M.f `Ih7�'��j�.r IIX...fL/_V', jl �.: �.•.' :,. , tom : 1 L/4. -2- CASE NO, TRACT 9144 24. All required public improvements and dedications shall be made as a part of any final map on all or a portion of the property shown as Tract No. 9144, except that the project may be developed in a maximum of five phases subject to the limitation specified in the conditions of approval of Case No. D11 02-77, and as follows: a. Any proposed first phase shall include full dedication and improve- ment of Deep Canyon .Road including Lot "C" , the intersection of Deep Canyon Road and 44th Avenue and all interior streets required to pro- adequate access and circulation. b. Any proposed second phase shall include full dedication and improve- ment of 44th Avenue, required undergrounding on 44th Avenue, and all interior streets required to provide adequate access, circulation , and connection with the second entrance to the subdivision from 44th Avenue, c. Subsequent phases shall include full dedication and improvement of all interior streets required to provide adequate access and circu- lation. M Area shall be annexed to Improvement Districts No. 54 and No. 80 of the Coachella Valley County hater District. -3- ►i ; - �l • .. '---'-=�S.s�.EC/-..J'Y!o-/.-._��f/i-�G�i����nsf.�_��t���c-'�-'/.-. .. hB�`+'!_�4-/�?--._A!�osRILG�:•;��.... __--_ - —�i3�` f'.��"✓li�T�/Ce7�_�r!�i'.�.O_75..—_�_N✓�%�!!®'n•wiA �y'9 C�f:w-l1Mrr. ..�.�M�l/.�5e'._._ I, .___ __ ___--_- .. V'_ G7/f9!IC�I C�^^�- ,.�!// ��Y _ /! .. •rl .6d.tl c'�r'-.• .....__...._ - ...,�.__ .. -_ .. - I �t .(if"___�✓.I.�J---__J�/�_��-_rJ�IJ"��j_�7.ws�L•�!.ldc�6P-y.:-�� ' rrP ra!�""��a''4�,. _ .... .. _-.. 41 41 -- ---- -4, --- -- --- --- -- -- ---- --__ _-- -- -- -- I� I - - - - -I+ - -- - -- _... -- ------ --- - I I� I b 1 GO U N T p ESTABLISHED IN 1918 AS A PUBLIC _A 11 ��STRIG� 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 TELLIS CODEKAS REDWINE AND SHERRILL, ATTORNEYS WILLIAM B. GARDNER January 10, 1977 File: 0163. 11 R G .jV E'D Dept. of Environmental Services QN 1 2 1"JI " City of Palm Desert ggRVI_ES P. 0. Box 1648 ENVIRONMENTAL-MA DESERT Palm Desert, California 92260 CVV Of. p Re: Tract 9144 P.D. Case No. DP02-77 Sec. 21 , T5S, R6E 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. The District will need additional facilities to provide for the orderly expansion of its domestic water system. These facilities may include wells, reservoirs and booster pumping stations . The developer will be required to provide land on which some of these facilities will be located. These sites shall be shown on the tract map as lots to be deeded to the District for such purpose. This area shall be annexed to Improvement Districts Nos . 54 and 80 of the Coachella Valley County Water District. Very truly yours, t Lowell 0. Weeks General Mana r-Chief E gineer KEH:vh cc: Health Dept. 46-209 Oasis St. Indio, California 92201 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: DEVELOPMENT PLAN 02-77 and Tentative .Map 9144 The Department of Public Health of Riverside County has received the application filed by Interstate Properties to develop a 200 unit subdivision at the South East corner of Deep Canyon and Avenue 44 in Palm Desert. This Department has no comments on Development Plan #02-77 and Tentative Map 9144 as sewage disposal and water will be provided by Coachella Valley County Water District. LWR:j s INTEROFFICE MEMORANDUM City of Palm Desert TO: PAUL WILLIAMS, DIRECTOR OF ENVIRONMENTAL SERVICES FROM: BUD ENGEL, FIRE MARSHAL SUBJECT: TENTATIVE TRACT NO. 9144 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 computation 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 500 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. 9144 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 JAN r ENVIRONMENTAL SERVICES CITY OF PALM DESERT PROOF OF PUBLICAMON This spat 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- City of Palm Desert lation, published weekly, in Palm Desert, County of - ---------------------------------------------- Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior Case No. TT .9144 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 said newspaper and not in any supplement thereof on LEGAL.NOTICE Notice is hereby given that a Public Hearing will be held be- CITY OF PALM DESERT fore a Special meeting of the Palm Desert Planning Commission the followingdates to-Wit: A TENTATIVE SUBDIVISION MAP OF 200 CONDOMI NIUM to consider a Tentative Subdivision Map for 200 condominium UNITS ON 47.5 ACRES FOR DEEP CANYON LTD.AND unitson47.5acresfor Deep Canyon Ltd.and situatedatthesouth- SITUATED IN THE PR-5,N ZONE DISTRICT. east corner of Deep Canyon Road and 44th Avenue,in the PR-5,N CASE NO.TT 9144 Zone District. L1_L_t_1 f-1-i�f J I GTY OF PALM DESERT Ci' 44TN AVENUE / '- CITY OF INDIAN WELL -----------__..____t_-1I1.3�77________-___________--------------------- GOLETA AV E N U E - E • - --------------------------------—_____—__--___-____-_--_____________ I� I certify (or declare) under penalty or perjury that the � u foregoing is true and correct. 0 COR7EZ NA 9 Or y � � T - W Signature p�Y Z ? J�p $C4 VARINO WAY a 4 Z Date----—----Jan.uar_y__13--------—__—_ 197---7 ` ' 0 O at Palm Desert, California ` t STATE HIGHWAY t III SAID Public Hearing will be held on Tuesday, January 25, Dated:'January 10,1977 1977,at 7:00 p.m. in the Council Chambers of the Palm Desert PAUTA.W.LLIAMS,Secretary CITY Hall,45-275 Prickl�Pear Lane, Palm Oesert,California,at I PALM DESERT PLANNI NGCOMMISSION which time and place a I interested persons are invited to attend PDP-1/13t1 PROOF OF PUBLICATION • 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 200 CONDOMINIUM UNITS ON 47..5 ACRES FOR DEEP CANYON LTD. AND SITUATED IN THE PR-5,.N ZONE DISTRICT. CASE NO. TT 9144 ' . 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 for. 200 condominium units on 47.5 acres for Deep Canyon Ltd. and situated at the southeast corner of Deep Canyon Road and 44th Avenue, in the. PR-5,N Zone District. CITY OF PALM DESERT Ci' 4 4 T H �����A_V E N U E rn I I I I I I I I� �I I I CITY OF INDIAN WELL y G O L E 7 A � � A V--E��—N�—Uy�--E;� 7I �� I ��a' I ' H-UlJ 31� Ilia r ". e z>;:t ,:us .. rc. •-fin CORTEZ WA Y .r ? �tq•,-y "i�' t A N Z A W A Y c r� �,� �q j W ..J tz- W r Orgi.! gl O S 4 WARM WAY 1 , O_ Z G F ¢ 7- W A U_ I 0 rU } ,} 4 N I F F U U STATE HIGHWAY Ill SAID Public Hearing will be held on Tuesday, January 25, 1977; at 7:00 p.m. in the Council Chambers of 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 ls'Il7 l7POItM 111 CITY OF IIA.LM DLSlslt`1' I�r 'GATIVis llI,C"1_,111,/1TJON Case No. : DP 02-77 & TRACT 9144 APpli.cant : DEEP CANYON LTD. & INTERSTATE PROPERTIES, INC. 2101 East 4th Street, Suite 210 Santa Ana, California 92705 Description of Project: Request for a Tentative' Tract Map for a 200-unit Planned Residential development on a 47-acre site located at the southeast corner of 44th Avenue and Deep Canyon Road. Finding: Project is exempt from.additional requirements under CEQA since an EIR for a sinnla:r_p-i-o•jec.t on,this site was previously approved .for ,CUR 1.493E and Tract 5075 jT'he proposed project has been de- `termii�ec. to ha ve -nD-great e7nvironmental impacts than the pre- viously reviewed project in that the number of units requested have been reduced by one, the acreage increased by five acres, and the applicant has been cimmitted to preserve a portion of the existing date trees. Justification: Pursuant to Section 15A7 of the, California Administrative Code Any interested citizen m.ay appeal this determination to the Planning Commission within eight (3) days of the date of the posting of public notice by filing an appeal in accordance with Pesolution No. 74-14 with the Department of lEnvironmental .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 Exl)ires: County Clerk l;ilc January 15, 1977 -•UV11Cf;0 Bogr4 r -ram MXf r CIRCULATION LIST FOR ALL CASES r — — Circulation of Tentative Maps, Parcel Maps, CUP's, GPA' s, etc: REVIEW COMMITTEE: �1. Palm Desert Director of Environmental Services - Paul Williams Palm Desert Director of Building & Safety - Jim Hill Ca..J 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) 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 ity of Rancho Mirage i��,9-825 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) 12.. D. M. Pin'rstaff Area Construction Supervisor General Telephone Company 83-793 Avenue 47 Indio, California 92201 (Phone: 347-2711) 13. R. W. Riddell Engineering Department Southern California Gas Company P. 0. Box 2200 Riverside, California 92506 (Phone: 327-8531, ask for Riverside extension 214) 1 � Ci,rculation List for All Cases Rage Two 14. Roger Harlow Director - Pupil Personnel Service Desert Sands Unified School District 83-049 Avenue 46 Indio, California 92201 (Phone: 347-4071) 15. 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) J6. Stanley Sayles /N© 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) 18. Harold Horsley Foreman/Mails U. S. Post Office Palm Desert, California 92260 (Phone: 346-3864) 19. Joe Benes Vice President & General Manager Coachella Valley Television P. 0. Box 368 Palm Desert, California 92260 (Phone: 346-8157) 20. Don McNeely President - Palm Desert Chamber of Commerce P. 0. Box 908 Palm Desert, California 92260 (Phone: 346-6111) 21. 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) 22. James Whitehead Superintendent - District 6 State Parks and Recreation 1350 Front Street, Room 6054 - San Diego, California 92101 (Phone: (714) 236-7411) . ��►,�� Oo � � � 5�u""�. �D @��. @ems Leo 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 200 CONDOMINIUM UNITS ON 47.5 ACRES FOR DEEP CANYON LTD. AND SITUATED IN THE PR-5,N ZONE DISTRICT. CASE NO. TT 9144 - 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 for 200 condominium units on 47.5 acres for Deep Canyon Ltd. and situated at the southeast corner of Deep Canyon Road and 44th Avenue, in the PP.-5,N Zone District. CITY OF PALM DESERT Cr 44TH AVENUE CITY OF INDIAN WEL: O O l E T A � A V E NU E E J j U. K _T J J5 CORTEZ WAYy Z� O v 20 F- A N Z A \t A Y c9 v� �p W _j il _ �IAJ W p9 oa'P 0" 1L a,' ((��Z SAN MARINO WAY m 8 J 6 g J Y ll_ !L K z 0 0 a z N N. } _H F- LLJL V V STATE H I G H W A Y 1I1 SAID Public Hearing will be held on Tuesday, January 25, 1977, at 7:00 p.m. in the Council Chambers of 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 .e. ` CO ESTABLISHED IN 1910 AS A PUBLIC AGENCY b/STRIC' COACHELLA VALLEY COUNTY WATER DISTRICT POST OFFICE BOX 1050 • COACHELLA, CALIFORNIA 92236 • TELEPHONE(714)398-2651 DIRECTORS OFFICERS RAYMOND R. RUMMONDS, PRESIDENT LOWELL O. WEEKS, GENERAL MANAG[R-CNI[F ENGINEER GEORGE H. LEACH,VICE PRESIDENT OLE J. NORMAND. SECRETARY C. J.FROST WALTER R. WRIGHT, AUDITOR TELLIS CODEKAS June 15, 977 REDWINE AND SHERRILL. ATTORNEYS WILLIAM 0, GARDNER .File: 0163. 11 Department of Environmental Services City of Palm Desert P. 0. Box 1648 Palm Desert, California 92260 Re: Tract: 9144 Sec. 21 , T5S, R6E Gentlemen: 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 Dis- trict. This area shall be annexed to Improvement Districts Nos. 54 & 80 of the Coachella Valley County Water District for sanitation service. Very truly yours, R.; —! Lowe 1 0. Weeks/ General Manag -Chief Engineer KEH:vh cc: Health Department 46-209 Oasis F �> ;F. e t Indio, California 92201 Ian Fa 1 ,EEl JUN 171977 EldVIROtdMU4TAL SERVICES CITY Or PALM DESERT Planning Commission Resolution No. Conditions of Approval Case No. TRACT 9144(Revised) July 5, 1977 Page e-4 fr1, / DEPARTMENT OF FIRE PROTECTION IN COOPERATION WITH THE ry F iii 1., 1 ,' Yl COUNTY 4fN C;f uL- CALIFORNIA DIVISION OF FORESTRY RIVF,'tt �.1y �, DAVID L. FLAKE SIDL' .�.. ,.., P.O. eox 248 COUNTY FIRE WARDEN 1q 210 WEST SAN JACINTO STREET PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 June 21 , 1977 Paul Williams Director of Environmental Services City of Palm Desert RE: Tentative Tract No. 9144 Gentlemen: 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 computation shall be based upon a minimum of 20 psi residual operating presure 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 400 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 green. 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. 9144 is in accordance with the requirements prescribed by the Fire Marshal . " Upon approval , the original plan will be returned to the developer. 5. Cul-de-sac roads should be redesigned to a length of no more than feet and provide a sixty foot turn-around at the end of the street for fire apparatus. Very truly yours, David L. Flake i Fire Chief I I _ ,. 1 Bud Engel Fire Marsahl BE/ks PLANNING COMMISSION RESOLUTION NO. TRACT 9144 (Revised) PAGE THREE 29. Prior to recordation of the Final Map, the developer shall -furnish the original and three copies of the water system plan to the Fire Marshal for review. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify the design of the water system in Tract No. 9144 is in accordance with the requirements pre- scribed by the City Fire Marshal". Upon approval , the original plan will be returned to the developer. 30. Complete plans and specifications shall be submitted as required for checking and approval , before construction of any improvements is commenced. The sub- divider shall submit the original drawings revised to reflect as-built condi- tions, prior to acceptance of the subdivision improvements by the City or Special District. 31 . All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances. 32. Area shall be annexed to Improvement Districts No. 54 and No. 80 of the Coachella Valley County Water District. 33. Entrances to tract equipped card key operated barrier or other restrictions to free flow of traffic. shall be provided with stacking space outside the traveled way of the adjoining public streets, for 8 vehicles. 34. No street shall be less than 36 feet in width. AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all .the conditions set forth, and understand the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. Date Applicant's Signature PLANNING COMMISSION RESOLUTION NO. CASE NO. TT 9144 PAGE TWO 17. If development is done in phases, timing of .the construction of public improvements and interior streets shall be .subject to the approval of the City Engineer. 18. Construction of private streets shall be inspected by the. Engineering Department and a standard inspection fee shall be paid. 19. Applicant shall agree to voluntarily participate in any assessment dis- trict formed to install drainage facilities to serve the drainage area which includes this tract. 20. Pedestrian walkways shall be provided along all streets. 21 . Deep Canyon Road and '44th Avenue shall be dedicated and constructed as half streets to City Standards, as approved by the City Engineer, including but not limited to: a. 46' wide travel way and a 12' wide parkway on Deep Canyon Road. 40' wide travel way and 30' wide parkway on 44th Avenue. b. 8' wide meandering pedestrian and bicycle path of not less than 4" thick concrete. c. Curb and gutter to City Standards. d. Landscaping and sprinkler system as approved by the City Engineer. 22. All lots shall be a minimum of 4,500 square feet. Any modification of the proposed lot pattern that results from any .condition attached by the City shall not be construed as a right to reduce the square footage of the lots to less than 4,500 square feet. 23. In compliance with Article 26.15 of the City's Subdivision Ordinance, in-lieu fees shall be paid as a part of the approval of the Final Map. 24. The development of the property described herein shall be subject to the restrictions and limitations set forth .herein which are in addition to all the requirements , limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 25. The C.C. & R's for this development shall be submitted to the City Attorney for review and approval prior to the issuance of any building permits. Said document shall include provisions for maintenance of all lots and common areas and a provision assuming the responsibility in perpetuity the responsibility of maintenance of the parkway areas on 44th Avenue and Deep Canyon Road. . 26. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recom- mended by the Fire Department. 27. Install a water system capable of delivering 1 ,500 GPM fire flow for a two- hour .duration in addition to domestic or other supply. The computation 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. 28. Install Riverside County super fire hydrants so that no point of any building is more than 400 feet from a fire hydrant measured along. approved vehicular travelways. a. The location of all hydrants shall be approved by the City Fire Marshal . b. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. c. Curbs shall be painted ref fifteen (15) feet in either direction from each hydrant. 1 1 PLANNING COMMISSION RESOLUTION NO. DULY 5, 1977 CONDITIONS OF APPROVAL TENTATIVE TRACT 9144 1. Full public improvements including paving, curb, gutter, pedestrian and bicycle systems, street landscaping, standard street signing, street lights, sewer, water and drainage facilities, and necessary appurtenances shall be installed as required by ordinance, these conditions, and the City Engineer. 2. Drainage facilities satisfactory to -the City Engineer shall be provided. These shall be sufficient to maintain at least one lane of traffic free of water on local streets in a one-year storm and two lanes for collectors. Water shall not be allowed to top the curbs in a ten-year storm and shall not be allowed to flood any building. pads in a 100-year storm. 3. Design shall conform to city design criteria and standards. 4. Applicant shall dedicate a 15 foot easement for drainage purposes along the easterly tract boundary. 5. Minimum curb-to-curb width of "B" street shall be 40 feet. 6. Cul-de-sacs shall have minimum curb radius of 40 feet. 7. Lot 123 shall .be deleted and replaced with an emergency access a minimum of . 14' wide as approved-by the City Fire Marshal . The remainder of the lot width shall be dispersed among lots 100-130 as approved by the City. 8. Applicant shall. provide public access to the property east of Lots 95-112 or demonstrate'.to the satisfaction of City Engineer that access is avail- able. 9. Final section of Deep Canyon and Avenue 44 shall be subject to.approval of City Engineer. An 8 foot P.C.C. sidewalk shall be provided along Avenue 44. 10. Individual lots on cul-de-sacs shall have minimum 35 foot width measured at a point 50 feet from center of cul-de-sacs. • 11 . The location of 11 J"1 11 M" 11& N1 streets shall be modified to satisfaction of the City Engineer to eliminate blind approaches to the intersection on the inside of curves. 12.. Access rights on all lots abutting Deep Canyon Road and 44th Avenue shall be offered to the City as a dedication on the Final Map. 13. The proposed street names are not approved. Prior to submittal of the Final Map, the applicant shall provide the City with a list of proposed street names, with at least three alternatives. The approval of the final street names shall be made by the Director of Environmental Services. 14. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 15. The subdivider shall enter into a future improvement agreement with the City to participate in the signalization of the Deep Canyon Road and 44th Avenue intersection on the basis of up to one-fourth participation in the cost of I the installation of the signal at such time as the City Engineer determines that traffic signal warrants are met. The actual amount will be based on the ratio between the traffic from the development contributing to the warrants and the total traffic using the intersection during the warrant hours. 16. Street lights shall be installed on all streets. The lighting level shall meet traffic safety standards on 44th Avenue and Deep Canyon Road. Interior streets may be illuminated to a lesser level . ' Precise details shall be subject to approval of the City Engineer. r Case No. TRACT 9144 Planning Commission Resolution No._ FURTHER, BE IT RESOLVED that the recommended conditions of approval do include a requirement that the applicant pay in-lieu fees on a 2.532-acre portion of the subdivision to comply to the requirements of Article 26. 15 of the City of Palm Desert Subdivision Ordinance. In return, it is recommended that the City Council agree to use said fees for park purposes in conformance with an adopted master plan, within five (5) years of the recordation of the final map. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of July, 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN:` GEORGE BERKEY, CHAIRMAN ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION i PLANNING COMMISSION RESOLUTION NO. 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 FOR DEVELOPMENT OF A 216-LOT SUBDIVISION ON 47.05 ACRES OF LAND, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF DEEP CANYON ROAD AND 44TH AVENUE. CASE NO. TRACT 9144(REVISED) , WHEREAS, the Planning Commission of the City of Palm Desert, California, did receive a verified application from DEEP CANYON, LTD. , requesting approval of a 217-lot condominium subdivision on 47.05 acres of land,, located in the PR-5,N Zone District and situated at the southeast corner of the intersection of Deep Canyon Road and 44th avenue, and more particularly described as: The NW 4 of the SW 4 of the NE 4 of Section 21, T5S, R6E, SBB & M Excepting therefrom westerly 44' northerly 55' and N 4 of SE 4 of NE 4 of the NE 4 of said Section. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7", in that a final Environmental Impact Report was certified for a similar project on the site known as CUP 1493E and Tract 5075 and the proposed project has been determined to have no greater environmental impacts pursuant to Section 15067 of the California Administrative Code by a Negative Declaration whose appeal period has expired; and WHEREAS, the Planning Commission did take into consideration the Tentative Map as submitted, and the reports of the various reviewing agencies; and WHEREAS, the Planning Commission did find that the subject Tentative Map does substantially comply with the City of Palm Desert Code, and the State of California Subdivision Map Act, as amended; and WHEREAS, the Planning Commission did find that the subject Tentative. Map does comply with the City's 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. 'That it does hereby recommend approval to the City Council of the City of Palm Desert, California, of the above-described Tentative Map No. 9144, subject to fulfillment of the attached conditions. Planning Commission Staff Report Case No. : TRACT 9144(Revised) July 5, 1977 Page Two IV. DISCUSSION OF LEVEL OF IMPROVEMENTS: The proposed subdivision is to consist of 217 lots of which five are to be common lots. The proposed private lots are to vary in size from as small as 4,500 s . ft. to as large as 6,050 sq. ft. All the interior streets are to Be private varying in size from 36 feet in width to 50 feet in width. The recommended conditions of approval require several revisions to the pro- posed improvements along the public streets including the required timing of said improvements. In addition, said conditions require deletion of lot no. 123 in conformance to the requirements of the related Development Plan. In conformance with the desire of the Commission to provide more substantial private recreational facilities, the applicant has eliminated the public park that was shown on the origi-nal submittal . Instead, the applicant is proposing to pay in lieu fees to conform to the Subdivision Ordinance requirements. As- suming the present assessed value of the property, the applicant would provide the market value of 2.532 acres of the subject property or approximately. $16,479. r ' 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 January 5, 1977 REQUEST FOR CONDITIONS OF APPROVAL Project: Subdivision and Development Plan for Interstate Properties Case No. : TT 9144 a►id DP 02-77 Enclosed please find materials describing a project for which the following is being requested: Development Plan 02-77 Tentative Map 9144 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- tend the Review Committee hearing should appear at 45-275 Prickly Pear Lane, Palm Desert, at 10:00 a.m. on Wednesday, January 19, 1977. 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