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HomeMy WebLinkAboutPP 27-83 CONDOS/MOUNTAIN VIEW FALLS/HOVLEY LANE EAST 1988 PIREGISE PLAN TrEINITATIVE TRACT- ZONE- CHANGIE--- RARCEL WtAP-- - 93 w REHR FO' f4 APPL ICANT:-i. LOCATION : - REQF EXISTING ZONE:- PREPARATION PROGRESS COMMENTS APPLICATION RECEIVED 12-et-93 PJ LEGAL. PUBLICATION SENT NOTICES SENT -FIELD INVESTIGATION. DEPTS. NOTIFIED BUILDING IF-I-S3 pi it ENGINEERING 4, -FIREH. POLICE RECREATION & PARKS - SCHOOL DISTRICT DIVISION OF HIGHWAYS r CONTROL ECIT tPRLLIM[NARY MEETING STAFF REPORT "dEl c --ENAI'- [ILAN APPROVAL t-17-Fq rR --CISE PLAN (6) ..-EPRI J&NDSCAPING PLAN (5) L DIRECTOR MOD. (6) HEARINGS & ACTIONS DATE ACTION VOTE 'FEV-1-EW-90ARD HEARING P.C. Fil'--'A[?ING PUBLISHED PC. PUBLIC HEARING I APPLICANT NOTIFIED C.C. PUBLIC HEARING ORDINANCE NO. RESOLUTION NO. EFFECTIVE DATE RECORDED FOR DATA- BANK ZONING MAP CORRECTED OW led o 5 c / a E F a.l s. i ORDINANCE NO. 364 j AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MARKETING AND SALE OF AN APPROVED 352 UNIT CONDOMINIUM PROJECT GENERALLY LOCATED EAST OF COOK STREET NORTH OF HOVLEY LANE. CASE NO. DA-2 { i ,. WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of March, 1984, hold a duly noticed public hearing and a continued public hearing on March 22, 1984, to consider a request by TAVAGLIONE CONSTRUCTION COMPANY for approval of a development agreement specifying the terms and conditions for the marketing and sale of an approved 352 unit condominium project generally located east of Cook Street north of Hovley Lane. WHEREAS, said application has complied with requirements of the "City .of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution _ No. 80-89", in that the director of environmental services had determined the project has been assessed in connection with previous approvals and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said city council did find the following facts and reasons to exist to approve the development agreement. 1. The proposed development agreement is consistent with the General Plan Zoning Ordinance and specifically implements policies contained within the Housing Element. 2. The proposed agreement will facilitate the production of housing affordable by moderate income households. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby approve DA-2 as described in Exhibits "A" for reasons set out in the staff report and this resolution. 3. The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City .of Palm Desert, and shall certify to the passage of adoption of this Ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, held on this 12th day of A ril, 1984, by the following vote, to wit: AYES: JACKSON, KELLY, PULUQI, AND SNYDER NOES: NONE I, ABSENT: WILSON ABSTAIN: NONE WALTER H. SNYDER ayor ATTEST: SHEILA R. LIGAN ity Clerk City of Palm Desert, California Am CITY COUNCIL ORDINANCE NO. 364 " EXHIBIT "A" TAVAGLIONE/PALM DESERT MODERATE INCOME HOUSING DEVELOPMENT AGREEMENT This agreement is made and entered into this 12th day of April, 1984, by and between the City of Palm Desert, hereinafter referred to as the "CITY" and Nick Tavaglione Construction Company, hereinafter referred to as the "DEVELOPER" provides: 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in "Exhibit A" attached hereto and made a part hereof (hereinafter "PROPERTY"). 2.. Pursuant to the goals and objectives of the Palm Desert ,General Plan Housing Element and provisions of California State Government Code Section 65915 designed to facilitate the construction of housing affordable to moderate income households, DEVELOPER has applied and been granted conditional approval of Tentative Map 19847 and Precise Plan of Design 27-83 (hereinafter "PROJECT") to construct 352 residential condominium units on the PROPERTY. These approvals included a 25% density bonus increasing the density from 5 du/ac to 6.25 du/ac. 3. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed 120% of the Riverside County median income based upon financial and demographic information received from the United States Department of Housing and Urban Development (HUD) or its successor agency. This information is contained in "Exhibit B" and shall be updated automatically as data is -1- a CITY COUNCIL ORDINANCE NO. 364 obtained from HUD. If in the future more current data is made available by the United States Bureau of Labor Statistics or other officially recognized agencies, the applicant may request amendment to this AGREEMENT to include this data. 4. State Government Code Section 65915 requires that at least 25% of the units (hereinafter referred to as "AFFORDABLE UNITS") within the PROJECT be affordable by moderate income households. Pursuant and in addition to this requirement, the DEVELOPER hereby agrees to price 100% of the units within Phase I of the PROJECT consistent with the income limits of moderate income households. This maximum selling price shall be based upon a monthly payment (mortgage, taxes and insurances) approximately equivalent to 30% of the maximum gross monthly income of a moderate income household. This figure shall be adjusted according to size and type of unit. The following selling maximum prices shall apply to Phase I of the PROJECT. l�a - 42 two bedroom two story 991 sq. ft. $68,000 - 16 two bedroom one story 961 sq. ft. $70,000 - 42 three bedroom two story 1288 sq. ft. $78,000 5. Resale Controls: In an effort to discourage speculation and preserve the affordable nature of this project, the following resale controls shall be made a part of the covenant conditions, and restriction of the PROJECT. 3 _ f a. Resale Price Increase Limitations: L� The price increase allowable upon resale of the units subject to this agreement shall be based upon the increase in the C.P.I. from the date of the close of escrow of the original sale to the escrow opening of the resale. -2- CITY COUNCIL ORDINANCE NO. 364 If for any reason there is any change in the method of calculation of the C.P.I., or that price index is no longer published, then another index generally recognized as authoritative shall be instituted. Price increases shall not exceed ten percent (10%) per anum or the annual increase in the C.P.I., whichever is smaller. b. Capital Improvement Price Increase Limitations: A price increase shall be allowed for any capital improvements installed pursuant to a building permit issued by the City of Palm Desert, or such capital improvement as distinguished from maintenance which qualify under the Internal Revenue Code Section 263. C. Term of Resale Restriction: — 1. When all units in a particular phase are priced within the affordable limitations set forth in section 4 of this agreement, resale controls shall apply for a period of two years. 2. If within a particular phase there exists a price differential of $5,000 or more between the lower priced 25% AFFORDABLE UNITS and the 75% remaining units, then the AFFORDABLE UNITS shall be subject to resale limitation for 5 years. The units priced $5,000 over the affordable level shall be exempt from resale limitations. When the price differential is less than $5,000, section 5, c, I shall apply. -3- CITY COUNCIL ORDINANCE NO. 364 d. Enforcement: 1. Prior to the entering into escrow, the seller shall submit a maximum price proposal to the city for review and approval. The city's report will become part of the escrow documents. The city shall receive all escrow documents prior to closing to certify compliance with this agreement. 6. The marketing program for the PROJECT shall give priority to moderate income households and shall include the following features: a. 30 days prior to the opening of each phase, the DEVELOPER shall advertise and receive applications from eligible moderate income home buyers. The minimum qualifications shall be: 1. Minimum 2 person household. 2. Maximum income for the following household sizes: 4 persons or less - $30,150 (two bedroom unit) 5-6 persons - $33,900 (three bedroom unit) 3. The unit must be the purchaser's sole permanent residence. b. If the number of applicants meeting minimum qualifications exceeds the number of units offered, then the following priorities shall apply: 1. First time home buyers: Households which have not owned a home within the last 5 years. 2. Single parent households. -4- CITY COUNCIL ORDINANCE NO. 364 C. If 25% of the units within each phase are not sold to the target group during the pre-opening application period, sufficient units shall be reserved during the next 90 days to insure that the 25% moderate income target can be achieved. Units remaining after this 90-day period may be marketed without restriction other than price provisions of section 4 and 5 of this agreement. d. At least 120 days prior to the opening of each subsequent phase, the DEVELOPER shall submit a price schedule to the CITY consistent with the requirements of this AGREEMENT. A minimum of 25% of the units in each phase must conform to HUD moderate income guidelines. e. The DEVELOPER agrees to allow the city to audit DEVELOPER'S records to determine that terms of this AGREEMENT are being 1 complied with. 7. The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin or age. S. The terms of this AGREEMENT shall run until all units of the PROJECT are sold. 9. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. -5- CITY COUNCIL ORDINANCE NO. 364 10. This AGREEMENT shall be reviewed by the CITY planning commission every 6 months, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the terms of the AGREEMENT. If as a result of this review the commission finds and determines on the basis of substantial evidence that the applicant has not complied in good faith with terms or conditions of the AGREEMENT, it shall recommend to the city council that the AGREEMENT be modified or terminated. If the city council concurs with the planning commission recommendation, the AGREEMENT shall be modified or terminated. Proceedings before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith. If substantial improvements are already in place and 1 + modifications acceptable to the CITY cannot be negotiated, then enforcement of provisions of this AGREEMENT shall be pursued through legal action per No. 8 of this AGREEMENT. 11. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 12. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each such i AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. -6- =f f 7-7 CITY COUNCIL ORDINANCE NO. 364 IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. 11 THE CITY OF PALM DESERT J B By NICK TAVAGLIONE CONSTRUCTION (Notarized) By ATTEST: -7- - T.-.VAGLIONE/I'ALP L,ART AGREREAT -- - EXH1317 P RIV-1.652760--RWJ DESCRIPTION : IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS : TENTATIVE TRACT 13407-4 , BEING A DIVISION OF : PARCEL S PARCEL 2 OF PARCEL MAP NO. 13 , 406, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 64 PAGES 66, 67 AND 68 OF PARCEL MAPS , RECORDS OF RIVERSIDE COUNTY, CALIFORNIA ; EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND; THAT PORTION OF SECTION 10 , TOWNSHIP 5 SOUTH , RANGE 6 EASTT, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS. BEGINNING AT THE CENTER OF SAID SECTION 10 ; THENCE SOUTH 89 DEGREES 45 ' 2S " WEST, ALONG THE NORTH LINE OF' THE SOUTHWEST QUARTER OF SAID SECTION, 1140. 12 FEET; THENCE SOUTH 25 DEGREES 44 ' 03 " WEST, 578 . 44 FEET ; THENCE SOUTH 64 DEGREES 15 ' 57 " EAST, 108 . 67 FEET ; THENCE NORTH. 25 DEGREES 44 ' 03" EAST, 23 .33 FEET; THENCE SOUTH 64 .DEGREES IS , 57 " EAST, 41 . 00 FEET; THENCZ NORTH 25 DEGREES 44 ' 03 " EAST, 51 . 79 FEET: TH ZICE SOUTH 64 DEGREES 15 ' 57 " EAST, 63 . 10 FEET, TO THE BEGINNING OF TANGENT CURVE, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 615 . 00 FEET ; THENCE SOUTHEASTERLY ALONG SAID CURVE ON ARC DISTANCE OF 166 . 83 FEET TO A TANGENT LINE„ THENCE SOUTH 46 DEGREES 51 ' 35" EAST, 104 .59 FEES' ; THENCE NORTH 43 DEGREES 08 ' 25" EAST, 9. 83 FEET ; THENCE NORTH 89 DECREES 45 ' 26" EAST, 930 . 23 FEET, TO THE EAST LINE OF THE SOUTHWEST (QUARTER OF SAID SECTION 10; THENCE NORTH 0 DEGREES 04 ' 21" EAST, 717 .00 FEETw TO THE POINT OF BEGINNING : ALSO EXCEPTING THEREFROM LOTS 1. THROUGH 106 AND COMMON LOT "A" OF TRACT 13407--1 , AS SHOWN BY MAP ON FILE IN BOOK 1.03 PAGES 69 TO 72, INCLUSIVE, OF TAPS, RECORDS OF RIVERSIDE COUNTY, CALIFOR-• `r IA . PAGE 6 i'.VA L I Oi: F."IL;I C. DT AJPi EXIIHAT .4 R I V 16 5 27 6 o R,w j PARCEL B: THAT PORTION OF SECTION 10 , TOWNSHIP 5 SOUTH RANGE iS ZA ST SAN BERNARDINr) BASF AND MERIDIAN, DrSCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 10 ; THENCE SOUTH 99 DEGREES 45 ' 26 " WEST, ALONG THE NORTH Li.NE: C)F THE SOUTHWEST QUARTER OF SAID SECTION , 1140. 12 FEED ; THENCE SOUTH 25 n7GREES 4 4 ' 03- WEST, 578.44 FEET ; THENCE SOUTH 64 DEGREES 15 ' 57 " EAST, 108 .67 FEET ,* THENCE NORTH 25 DZ I R 7 F S A4 ' 03" EAST, 23.33 FEET : THENCE SOUTH 64 DE3REES 15 ' 57" EAST, 41 .00 FEET; THENCE NO3TH 25 DEGREES 4 4 1 0 3" EAST, 51 .79 FEE T H 7-17C E SOUTH 94 DEGRFES 15 ' 57 4 EAST, 63. 10 FEET, TO THE BEGINNING OF A TANG,111-1 ZURVT. CONCAVE TO THE SOUTHWEST AND HAVI'NG I, RADIUS OF 615 . 00 FEET ; THENCE S C.,U T H 7-A STE RL Y ALONG SAID CURVE ON ARC DISTAUCEP, OF 1805 . B3 TO A TANGENT LINE; THENCE SOUTH 46 DEGREES 51 ' 35m EAST, 104 . 59 FE13T ; THENCE NORTH 43 DEGREES OR ' 25m EAST, 9 . 83 FEET; THFNCE NORTH R9 DECREES 45 ' 26" EAST, 930 . 23 FEET ., .1 1: THE :EAST LINE OF' '!'HE SOUTH;4EST QUARTER OF SAID SECTION 10; T-727CE ORT!I 0 DEGREES 04 ' 21m EAST, 717 , 00 FEET , 7'1:*) pol.6m., OF BECINNIaG . 7LAT ATTAC!i-:D/-)C./SA?: PAGE 7 MINUTES PALM DESERT PLANNING CONIf01SSI0N FEBRUARY 21 , 1984 Mr. Drell briefly reviewed this item and noted staff's recornmendation for cenial was unchanged from the previous public hearing because of noncompliance with the city's general plan. Vice Chairman Crites opened the public hearing and asked if the applicant wished to make a presentation. MR. BILL, SULLIVAN, regional manager for Lewis Horses, informed commission that he supports the project but, if necessary, was willing to file for a general plan amendment. Vice Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the public hearing was closed. Moved by Commissioner Downs, seconded by Commissioner Richards, to approve the findings as recommended by staff. Carried unanimously 4-0. Moved by Commissioner Downs, seconded by Commissioner Erwood, to adopt Planning Commission Resolution No. 935, denying C/Z 10-83 and TT i.9775. Carried unanimously 4-0. B. Case No. DA-2 - TAVAGLIONE CONSTRUCTION COMPANY, Applicant Request for approval of Tavaglione/Palm Desert Moderate Income Housing Development Agreement. Mr. Drell reviewed the agreement with the commission and recommended approval as written. Commissioner Richards pointed out the problems that might: arise from uncontrolled resale. Staff noted that since direct financial government subsidies are not involved, resale controls are not required. Mr. Diaz also noted that there is some control to Borne extent through the costs of sale (i.e. realtor's <:onirr,i:;sion, closing cost, etc.) and to relocate to another home would more likely not be a:; affordable. Also, the priority restrictions would discourage speculators. Commissioner Richards concluded that this was the first project of this nature in the city and staff should be aware of the problems pointed out. Vice Chairman Crites asked for the definition of household, Mr. Drell replied that it was anyone who lives in a home. Other concerns discussed included the priorities listed for applicants nn:!eting qualifications. Cornrnission asked staff how would it be known that the applicant was a first time home buyer? They also questioned the restriction "in California first time home buyers". Mr. Drell explained that these questions would have to be answered on the applications. If commission felt it was discriminatory to the phrase "First time home buyers: Households which have not owned a horse in California within the last 7 years" then the word "California" can be deleted. Vice Chairman Crites 211!�Iied the public hearing and asked if the applicant wished to make a presentation. MR. NICK TAVAGLIONE, 9000 Arlington .Ave., Riverside, stated that the basis of the intent of this agreement has to be provided by the developer. He assured the commission that regulating the priorities could e.asily be done. Commissioners Richards and Downs agreed that. Section 5--b-1 should be amended to read: "First time home buyers: Households which have not owned a home ,within the last years." _2_ MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 21, 1984 Vice Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the public hearing was closed. Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 936, recommending to city council approval of DA-2, as amended. Carried unanimously 4-0. IX. MISCELLANEOUS ITEMS - NONE X. ORAL COMMUNICATIONS - NONE X1. COMMENTS Commissioners were reminded of the joint study session on February 27th, at 9100 a.m. Commission raised some concerns regarding the car wash at the Palm Desert Town Center. Xll. ADJOURNMENT Moved by Commissioner Richards, seconded by Commissioner Crites, to adjourn the meeting at 2:55 p.m. RAMON A. DIAZ, Secretary ATTEST: R.ALPH B. \VOOD, Chairman /Ir 3 PLANNING COMMISSION RESOLUTION NO. 936 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MARKETING AND SALE OF AN APPROVED 352 UNIT CONDOMINIUM PROJECT GENERALLY LOCATED EAST OF COOK STREET NORTH OF HOVLEY LANE. CASE NO. DA-2 WHEREAS, the planning; commission of the City of Palm Desert, California, did on the 21st day of February, 1984, hold a duly noticed public hearing to consider a request by TAVAGLIONE CONSTRUCTION COMPANY for approval of a development agreement specifying the terms and conditions for the marketing and sale of an approved 352 unit condominium project generally located east of Cook Street north of Hovley Lane. WHEREAS, said application has complied with requirements of the "City ol: Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services had determined the project has been assessed in connection with previous approvals and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the development agreement. 1. The proposed development agreement is consistent with the General Plan Zoning Ordinance and specifically implements policies contained within the Housing Element. 2. The proposed agreement will facilitate the production of housing affordable by moderate income households. NOW, THEREFORE, 13E IT RESOLVED by the planning commission of the City of Palm Desert, California, as follows: I. That the above recitations are true and correct and constitute the findings of the commission in this case. ::. That it does hereby recommend approval to the City Council that DA 02 'oe adopted as described in Exhibits "A" for reasons set out in the staff report and this resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of February, 1984, by the following vote, to AYES: C:RITES, DOWNS, ERWOOD, RICHARDS NOES: NONE ABSENT: WOOD ABST'AiN: NONE RALPH B. WOOD, Chairman ATTEST: R.A OON A. DIAZ, 5ecreLary ----- /trn City of Palm Desert Staff Report TO: Planning Commission DATE: February 15, 1984 CASE NO: DA - 2 REQUEST: Approval of Tavaglione/Palm Desert Moderate Income Housing Development Agreement. APPLICANT: TAVAGLIONE CONSTRUCTION COMPANY 900 Arlington Avenue Riverside, CA 92503 I. BACKGROUND: This agreement implements requirements of State Government Code Section 65915 and conditions of approval for PP 27-83 and TT 19847. The applicant was granted a 25% density bonus and therefore must provide at least 25% of the 352 approved units affordable to moderate income households. Through this agreement the applicant will commit to at least 163 (46%) moderate income units. 100% of Phase I and at least 25% of each subsequent phase will be priced within the moderate income range. The marketing program will give priority to moderate income households during the first 90 days of each phase. Since the project will not receive any form of public financial assistance, the agreement does not contain any requirements for resale control. This is consistent with the State Code, Attorney General's Opinion, and the adopted Palm Desert General Plan Housing Element, which states "resale control shall be restricted only to those units that have received government subsidies or assistance". The marketing restrictions should be sufficient to discourage speculation. II. RECOMMENDATION: Adopt Resolution No. recommending to City Council approval of DA-2, Tavaglione/Palm Desert Moderate Income Housing Development Agreement. III. ATTACHMENTS: 1. Agreement Prepared B � I i I Reviewed and Approved By: v Am i - 1 - PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MARKETING AND SALE OF AN APPROVED 352 UNIT CONDOMINIUM PROJECT GENERALLY LOCATED EAST OF COOK STREET NORTH OF HOVLEY LANE. CASE NO. DA-2 WHEREAS, the planning commission of the City of Palm Desert, California, did on the 21st day of February, 1984, hold a duly noticed public hearing to consider a request by TAVAGLIONE CONSTRUCTION COMPANY for approval of a development agreement specifying the terms and conditions for the marketing and sale of an approved 352 unit condominium project generally located east of Cook Street north of Hovley Lane. WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, in that the director of environmental services had determined the project has been assessed in connection with previous approvals and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the development agreement. 1. The proposed development agreement is consistent with the General Plan Zoning Ordinance and specifically implements policies contained within the Housing Element. 2. The proposed agreement will facilitate the production of housing affordable by moderate income households. 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 that DA 02 be adopted as described in Exhibits "A" for reasons set out in the staff report and this resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of February, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RALPH B. WOOD, Chairman ATTEST: RAMON A. DIAZ, Secretary Am PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" TAVAGLIONE/PALM DESERT MODERATE INCOME HOUSING DEVELOPMENT AGREEMENT This agreement is made and entered into this day of 1984, by and between the City of Palm Desert, hereinafter referred to as the "CITY" and Nick Tavaglione Construction Company, hereinafter referred to as the "DEVELOPER" provides: 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in "Exhibit A" attached hereto and made a part hereof (hereinafter "PROPERTY"). 2. Pursuant to the goals and objectives of the Palm Desert General Plan Housing Element and provisions of California State Government Code Section 65915 designed to facilitate the construction of housing affordable to moderate income households, DEVELOPER has applied and been granted conditional approval of Tentative Map 19847 and Precise Plan of Design 27-83 (hereinafter "PROJECT") to construct 352 residential condominium units on the PROPERTY. These approvals included a 25% density bonus increasing the density from 5 du/ac to 6.25 du/ac. 3. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed 120% of the Riverside County median income based upon financial and demographic information received from the United States Department of Housing and Urban Development (HUD) or its successor agency. This information is contained in "Exhibit B" and shall be updated automatically as data is PLANNING COMMISSION RESOLUTION NO. obtained from HUD. If in the future more current data is made available by the United States Bureau of Labor Statistics or other officially recognized agencies, the applicant may request amendment to this AGREEMENT to include this data. 4. State Government Code Section 65915 requires that at least 25% of the units (hereinafter referred to as "AFFORDABLE UNITS") within the PROJECT be affordable by moderate income households. Pursuant and in addition to this requirement, the DEVELOPER hereby agrees to price 100% of the units within Phase I of the PROJECT consistent with the income limits of moderate income households. This maximum selling price shall be based upon a monthly payment (mortgage, taxes and insurances) approximately equivalent to 30% of the maximum gross monthly income of a moderate income household. This figure shall be adjusted according to size and type of unit. The following selling maximum prices shall apply to Phase I of the PROJECT. 1. 42 two bedroom two story 991 sq. ft. $68,000 2. 16 two bedroom one story 961 sq. ft. $70,000 3. 42 three bedroom two story 1288 sq. ft. $78,000 5. The marketing program for the PROJECT shall give priority to moderate income households and shall include the following features: A. 30 days prior to the opening of each phase, the DEVELOPER shall advertise and receive applications from eligible moderate income home buyers. The minimum qualifications shall be: 1. Minimum 2 person household. 2. Maximum income for the following household sizes: 4 persons or less - $30,150 (two bedroom unit) 5-6 persons - $33,900 (three bedroom unit) -2- PLANNING COMMISSION RESOLUTION NO. 3. The unit must be the purchaser's sole permanent residence. If the number of applicants meeting minimum qualifications exceeds the number of units offered, then the following priorities shall apply: 1. First time home buyers: Households which have not owned a home in California within the last 7 years. 2. Single parent households. B. If 25% of the units within each phase are not sold to the target group during the pre-opening application period, sufficient units shall be reserved during the next 60 days to insure that the 25% moderate income target can be achieved. Units remaining after this 60-day period may be marketed without restriction other than price provisions of section 4 of this agreement. C. At least 120 days prior to the opening of each subsequent phase, the DEVELOPER shall submit a price schedule to the CITY consistent with the requirements of this AGREEMENT. A minimum of 25% of the units in each phase must conform to HUD moderate income guidelines. D. The DEVELOPER agrees to allow the city to audit DEVELOPER'S records to determine that terms of this AGREEMENT are being complied with. 6. The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin or age. 7. The terms of this AGREEMENT shall run until all units of the PROJECT are sold. -3- PLANNING COMMISSION RESOLUTION NO. 8. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. 9. This AGREEMENT shall be reviewed by the CITY planning commission every 6 months, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the terms of the AGREEMENT. If as a result of this review the commission finds and determines on the basis of substantial evidence that the applicant has not complied in good faith with terms or conditions of the AGREEMENT, it shall recommend to the city council that the AGREEMENT be modified or terminated. If the city council concurs with the planning commission recommendation, the AGREEMENT shall be modified or terminated. Proceedings before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated, then enforcement of provisions of this AGREEMENT shall be pursued through legal action per No. 8 of this AGREEMENT. 10. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 11. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each such -4- PLANNING COMMISSION RESOLUTION NO. AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. THE CITY OF PALM DESERT By By NICK TAVAGLIONE CONSTRUCTION (Notarized) By ATTEST: -5- TAVAGLIOi1E/PALM DESERT AGREDIEHT' EXHIBIT A c -N RIV-1652760-RWJ DESCRIPTION: IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: TENTATIVE TRACT 13407-4, BEING A DIVISION OF: PARCEL A: PARCEL 2 OF PARCEL MAP NO. 13,406, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 64 PAGES 66, 67 AND 68 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND; THAT PORTION OF SECTION 10, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASF. AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 10; THENCE SOUTH 89 DEGREES 45' 26" WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, 1140. 12 FEET; THENCE SOUTH 25 DEGREES 44' 03" WEST, 578.44 FEET; THENCE SOUTH 64 DEGREES 15' 57" EAST, 108.67 FEET; THENCE NORTH 25 DEGREES 44' 03" EAST, 23.33 FEET; THENCE SOUTH 64 DEGREES 15' 57" EAST, 41.00 FEET; THENCE NORTH 25 DEGREES 44' 03" EAST, 51.79 FEET; THENCE SOUTH 64 DEGREES 15, 57" EAST, 63. 10 FEET, TO THE BEGINNING OF TANGENT CURVE, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 615.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE ON ARC DISTANCE OF 186. 83 FEET TO A TANGENT LINE; THENCE SOUTH 46 DEGREES 51' 35" EAST, 104.59 FEET; THENCE NORTH 43 DEGREES 08, 25" EAST, 8.83 FEET; THENCE NORTH 89 DEGREES 45' 26" EAST, 930.23 FEET, TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE NORTH 0 DEGREES 04' 21" EAST, 717.00 FEET, TO THE POINT OF BEGINNING; ALSO EXCEPTING THEREFROM LOTS 1 THROUGH 106 AND COMMON LOT •A" OF TRACT 13407-1 . AS SHOWN BY MAP ON FILE IN BOOK 103 PAGES 68 TO 72, INCLUSIVE, OF "LAPS, RECORDS OF RIVERSIDE COUNTY, CALIFOR- NIA. PAGE 6 7F.VN�EIO '/PAU,i DESE,- AGREDIENT . S� A M E p y. c � EXi1iDIT A , y 'µ '�<•.v>,,-;;.',: :- �����' RZV-1652760—RWJ PARCEL B: THAT PORTION OF SECTION 10, TOWNSHIP 5 SOUTH , RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 10; THENCE SOUTH 89 DEGREES 45, 26" WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, 1140. 12 FEET ; THENCE SOUTH 25 DEGREES 44 ' 03" WEST, 578.44 FEET ; THENCE SOUTH 64 DEGREES 15' 57" EAST, 108.67 FEET; THENCE NORTH 25 DEGREES 44 ' 03" EAST, 23.33 FEET; THENCE SOUTH 64 DEGREES 15' 57" EAST, 41.00 FEET; THENCE NORTH 25 DEGREES 44 ' 03" EAST, 51.79 FEET; THENCE SOUTH 64 DEGREES 15' 57" EAST, 63. 10 FEET, TO THE BEGINNING OF A TANGENT CURV7, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 615.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE ON ARC DISTA14CE OF 186.83 TO A TANGENT LINE; THENCE SOUTH 46 DEGREES 51' 35" EAST, 104.59 FEET; THENCE NORTH 43 DEGREES 08' 25" EAST, 8.83 FEET; THENCE., NORTH 89 DEGREES 45 ' 26" EAST, 930.23 FEET, TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE NORTH 0 DEGREES 04' 21" EAST, 717 .00 FEET, TO THE POINT OF BEGINNING. r * • w • PLAT ATTACHED/PC/SAR PAGE 7 PROOF OF PU . CATION This space is for County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Riverside I am a citizen of the United States and a rzrry of AAtM oEssltT resident of the County aforesaid; .I am over the age of eighteen years, and not a party to Proof of Publication of or interested in the above-entitled matter. I am the principal clerk of the printer of the .....CA&Z-Nn...DA:Z............................... ...........DEGBR-T••P-06113...................... . .......................................................... Paste Clipping ..............................................:..... of Notice a newspaper of general circulation, printed SECURELY In This Space and published ......Eirwsekly............ in the City of .......pgym.De.9ert......... County of Riverside, and which news- CITY paper has been adjudged a newspaper Crr LEGAL NOTICEDESERT P P I 9LEOALLM EE of general circulation by the Superior TAVAGLIONE. Court of the County of Riverside, State of AFFORDABLE HOUSING DEVELOPMENT AGREEMENT CASE NO.DA-2 California, under the date Of...10./5 19 .64 NOTICE IS HEREBY GIVEN that a "ic hearing will be held before the Peen Desen Planning Commis Case Number .. 81on to consider a request by the 8365&...i that the notice, TAVAGLIONE CONSTRUCTION of which the annexed Is a printed co (set COMPANY lot appro val or a P PY development agreement sm:llyinp in type not smaller than nonpareil), has terms am Condit" for the markeling and sale of -352 . been published in each regular and entire residential coraommiums to be affordable by moderate income issue of said newspaper and not in any households generally located seat supplement thereof on the following dates, W Coop Street, north of HovleyLane most Dlnlwlarly descrmed to-wit: as: 'SAID P&Ic hearing will be hea on February 21. tgea,at 2:00 p.m.in •••••••••••••••••a• u•••••..................••••• the Cmincll Chemper in the Palm Fred all in the year 19...gg wing CO We..11 Palm51 Deserrl.. I certify (or declare) under penalty of all Interesa.ted which time endplate all Indandb petaM. are Invlietl to anetaera M near.. perjury that the foregoing is true and RAMON A.DIAZ,Secretary Correct. Cry of Palm Deserl.California (PW.D.P.Feb.10,1(84) Dated at..........Pa1m.De•se=t............ California,this....Zp...day of....Feb 19 ...84 Signa re Free cables of this blank form may be secured from: CALIFORNIA NEWSPAPER SERVICE �J BUREAU, INC. Legal Advertising Clearing House 120 west Second St., Los Angeles, Calif. 90012 Telephone: (213) 625.2541 Please reauest of NEAtAL Proof of Publication when arderina this farm. MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 1984, impact and vandalism. Fie also mentioned there could be drainage problems in that area if a block wall is installed, causing water flow retention. Mr. Suter replied that the hours of operation would be 24 hours. Mr. Diaz suggested that the east side of the parking lot be used for employees only to minimize adjacent property impacts. Mr. Mavis was very concerned for the late hours and felt that he would experience trespassing, vandalism, etc. from this restaurant. Commissioner Richards felt that the area was appropriate for the restaurant but the applicant/developer should get together with adjacent motel manager and try to resolve the problems together. MR. RON HAVIS, Irvine, real estate department for H.B. Food, did not believe this type of restaurant would create the problems expressed. Their goal .is to develop family style restaurant, similar to Dennv's, with deli items. MRS. CATHY MONROE, felt that based on past experience this restaurant would impact the neighborhood. After several methods were discussed in solving the concerns of Mr. Mavis, it was agreed that a condition could be added to read "Parking lot adjacent to Biltmore area shall be chained off at 10:00 p.m." Applicant agreed. MR. LARRY BLYTH, Buena Park, is owner of the lots on San Jacinto and Alessandro, asked how many access driveways there were and their locations. Staff replied there were two driveways and noted there locations. Chairman Wood closed the public hearing. Moved by Commissioner Richards, seconded by Commissioner Downs, to approve the findings as recommended by staff. Carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Down, to adopt Planning Commission Resolution No. 923, approving CUP 24-83 subject to amended conditions. Carried unanimously 5-0. IX. MISCELLANEOUS ITEMS A. Resolution of Denial for GPA 03-83 and C/Z 08-83 - MAZAHERI Moved by Commissioner Erwood, seconded by Commissioner- Crites, to approve Planning Commission Resolution No. 925, denying GPA 03-83 and C/7.. 08-83. Carried unanimously 5-0. B. Resolution of Approval for TT 1.9847 and PP 27-83 - TAVAGLIONE Moved by Commissioner Downs, seconded by Commissioner Crites, to approve the findings as presented by staff. Carried unanimously 5-0. Moved by Commissioner Downs, seconded by Commissioner Crites, to approve Planning Commission Resolution No. 926, approving TT 19847 and PP 27-83, as amended. Carried unanimously 5-0. X. ORAL COMMUNICATIONS MR. PAUL LITTLE, 48-838 Mescal Lane, Palm Desert, expressed how irnpressed he -6- 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260 TELEPHONE (714) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: February 24, 1984 Tavaglione Construction Co. 900 Arlington Ave. Riverside, CA 92503 D The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of February 21, 1984. Approved Agreement by Resolution No. 936 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. V RAMON A. DIAZ, SECRETARY PLANNING COMMISSION RAD/lcr cc: File e PLANNING COMMISSION RESOLUTION NO. 936 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MARKETING AND SALE OF AN APPROVED 352 UNIT CONDOMINIUM PROJECT GENERALLY LOCATED EAST OF COOK r STREET NORTH OF HOVLEY LANE. CASE NO. DA-2 WHEREAS, the planning commission of the City of Palm Desert, California, did on the 21st day of February, 1984, hold a duly noticed public hearing to consider a request by TAVAGLIONE CONSTRUCTION COMPANY for approval of a development agreement specifying the terms and conditions for the marketing and sale of an approved 352 unit condominium project generally located east of Cook Street north of Hovley Lane. WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, in that the director of environmental services had determined the project has been assessed in connection with previous approvals and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the development agreement. 1. The proposed development agreement is consistent with the General Plan Zoning Ordinance and specifically implements policies contained within the Housing Element. 2. The proposed agreement will facilitate the production of housing affordable by moderate income households. -J 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 that DA 02 be adopted as described in Exhibits "A" for reasons set out in the staff report and this resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of February, 1984, by the following vote, to wit: AYES: CRITES, DOWNS, ERWOOD, RICHARDS NOES: NONE ABSENT: WOOD ABSTAIN: NONE ' RALPH B. WOOD, Chairman y . 4 ATTEST: RAMON A. DIAZ, Secretary Am 'f PLANNING COMMISSION RESOLUTION NO. 936 EXHIBIT "A" TAVAGLIONE/PALM DESERT MODERATE INCOME HOUSING DEVELOPMENT AGREEMENT I i , This agreement is made and entered into this day of , 1984, by and between the City of Palm Desert, hereinafter referred to as the "CITY" and Nick Tavaglione Construction Company, hereinafter referred to as the "DEVELOPER" provides: 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in "Exhibit All attached hereto and made a part hereof (hereinafter "PROPERTY"). 2. Pursuant to the goals and objectives of the Palm Desert General Plan Housing Element and provisions of California State Government Code LC Section 65915 designed to facilitate the construction of housing affordable to moderate income households, DEVELOPER has applied and been granted conditional approval of Tentative Map 19847 and Precise Plan of Design 27-83 (hereinafter "PROJECT") to construct 352 residential condominium units on the PROPERTY. These approvals included a 25% density bonus. increasing the density from 5 du/ac to 6.25 du/ac. 3. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed 120% of the Riverside County median income based upon financial and demographic information received from the United States Department of Housing and j Urban Development (HUD) or its successor agency. This information is contained in "Exhibit B" and shall be updated automatically as data is PLANNING COMMISSION RESOLUTION NO. 936 obtained from HUD. If in the future more current data is made available by the United States Bureau of Labor Statistics or other officially recognized agencies, the applicant may request a endment to this AGREEMENT to include this data. I 4. State Government Code Section 65915 requires that at least 25% of the units (hereinafter referred to as "AFFORDABLE UNITS') within the PROJECT be affordable by moderate income households. Pursuant and in addition to this requirement, the DEVELOPER hereby agrees to price 100% of the units within Phase I of the PROJECT consistent with the income limits of moderate income households. This maximum selling price shall be based upon a monthly payment (mortgage, taxes and insurances) approximately equivalent to 30% of the maximum gross monthly income of a moderate income household. This figure shall be adjusted according to size and type of unit. The following selling maximum prices shall apply to Phase I of the PROJECT. c - 42 two bedroom two story 991 sq. ft. $68,000 - 16 two bedroom one story 961 sq. ft. $70,000 - 42 three bedroom two story 1288 sq. ft. $78,000 5. The marketing program for the PROJECT shall give priority to moderate income households and shall include the following features: a. 30 days prior to the opening of each phase, the DEVELOPER shall advertise and receive applications from eligible moderate income home buyers. The minimum qualifications shall be: 1. Minimum 2 person household. C_ 2. Maximum income for the following household sizes: 4 persons or less - $30,150 (two bedroom unit) 5-6 persons - $33,900 (three bedroom unit) -2- } PLANNING COMMISSION RESOLUTION NO. 936 3. The unit must be the purchaser's sole permanent residence. b. If the number of applicants meeting minimum qualifications r-� exceeds the number of units offered, then the following priorities shall apply: 1. First time home buyers: Households which have not owned a home within the last 5 years. 2. Single parent households. C. If 25% of the units within each phase are not sold to the target group during the pre-opening application period, sufficient units shall be reserved during the next 60 days to insure that the 25% moderate income target can be achieved. Units remaining after this 60-day period may be marketed without restriction other than price provisions of section 4 of this agreement. d. At least 120 days prior to the opening of each subsequent phase, the DEVELOPER shall submit a price schedule to the CITY consistent with the requirements of this AGREEMENT. A minimum of 25% of the units in each phase must conform to HUD moderate income guidelines. e. The DEVELOPER agrees to allow the city to audit DEVELOPER'S records to determine that terms of this AGREEMENT are being complied with. E 6. The DEVELOPER shall not discriminate on the basis of race, creed, sex, i national origin or age. 7. The terms of this AGREEMENT shall run until all units of the PROJECT are sold. -3- r PLANNING COMMISSION RESOLUTION NO. 936 8. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. 9. This AGREEMENT shall be reviewed by the CITY planning commission every 6 months, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the terms of the AGREEMENT. If as a result of this review the commission finds and determines on the basis of substantial evidence that the applicant has not complied in good faith with terms or conditions of the AGREEMENT, it shall recommend to the city council that the AGREEMENT be modified or terminated. If the city council concurs with the planning commission recommendation, the AGREEMENT shall be modified or terminated. Proceedings before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated, then enforcement of provisions of this AGREEMENT shall be pursued through legal action per No. 8 of this AGREEMENT. 10. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held 3 to be unenforceable, such determination shall not affect the validity of the remaining portions. 11. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each such -4- Y PLANNING COMMISSION RESOLUTION NO. 936 AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF the parties have executed this Agreement the year 1 and date first above written. THE CITY OF PALM DESERT By By NICK TAVAGLIONE CONSTRUCTION (Notarized) By ATTEST: -5- Ol UNNANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MARKETING AND SALE OF AN APPROVED 352 UNIT CONDOMINIUM PROJECT GENERALLY LOCATED EAST OF COOK STREET NORTH OF HOVLEY LANE. CASE NO. DA-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of March, 1984, hold a duly noticed public hearing, to consider a request by TAVAGLIONE CONSTRUCTION COMPANY for approval of a development agreerent specifying the terms and conditions for the marketing and sale of an approved 352 unit condominium project generally located east of Cook Street north of Hovley Lane. WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services had determined the project has been assessed in connection with previous approvals and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said city council did find the following facts and reasons to exist to a.pprove the development agreement. 1. The proposed development agreement is consistent with the General Plan Zoning Ordinance and specifically implements policies contained within the Housing Element. 2. The proposed agreement will facilitate the production of housing affordable by moderate income households. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this,case. 2. That it does hereby approve DA-2 as described in Exhibits "A" for reasons set out in the staff report and this resolution. 3. The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this Ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPR()VED, ;and ADOPTED at a regular meeting of the: City C:ounr_il of the City of Palm Desert, California, held on this 8th day of March, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER., Mayor ATTEST: SHEILA R. G N ILLEGA , City Clerk City of Palm Desert, California /tm 1, PLANNING COMMISSION RESOLUTION NO. 936 EXHIBIT "A" TAVAGLIONE/PALM DESERT MODERATE INCOME HOUSING DEVELOPMENT AGREEMENT This agreement is made and entered into this _ day of 1984, by and between the City of Palen Desert, hereinafter referred to as the "CITY" and Nick Tavaglione Construction Company, hereinafter referred to as the "DEVELOPER" provides: I. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in "Exhibit A" attached hereto and made a part hereof (hereinafter "PROPER.'TY"). 2. Pursuant to the goals and objectives of the Palm Descry. General Plan Housing Element and provisions of California State c:;overnment Code Section 65915 designed to facilitate the construction of housing affordable to moderate income households, DEVELOPER. has applied and been granted conditional -approval of Tentative Map 198147 and Precise Plan of Design 27-83 (hereinafter "PROJECT") to construct 352 residential condominium units on the PROPERTY. Tnese approvals included a 2596 density bonus increasing the density from 5 du/ac to 6.25 du/ac. 3. As used herein, "moderate income households" shall refer to l:arnilies or individuals whose gross income_ does not exceed 120% of the Riverside County median income based upon financial and demographic information received from the United States Department of Housing and Urban Developrnent (HUD) or its successor agency. This information is contained in "Exhibit 13" and shall be updated automatically as data is PLANNING COMMISSION RESOLUTION NO. 936 obtained from HUD. If in the future more Current data is made available by the United States Bureau of Labor Statistics or other officially recognized agencies, the applicant may request amendment to this AGREEMENT to include this data. 4. State Gove:runent Code Section 65915 requires that at least 255t5 Of the units (hereinafter referred to as "AFFORDABLE. UNITS") within the PROJECT be affordable by moderate income households. Pursuant and in addition to this requirement, the DEVELOPER hereby agrees to price 100% of the units within Phase I of the PROJECT consistent ur.ith the income limits of moderate income households. This maximum selling price shall be based upon a monthly payment (mortgage, taxes and insurances) approximately equivalent to 30% of the rnaximurn gross monthly income of a moderate income household. This figure shall be adjusted according to size and type of unit. The following setting maximum prices shall apply to Phase I of the PROJECT. i - - 42 two bedroom two story 991 sq. ft. $68,000 - 16 two bedroom one story 961 sq. ft. $70,000 -. 42 three bedroom two story 1288 sq. ft. $78,000 5, The marketing program for the PROJECT shall give priority to moderate income households and shall include the following features: a. 30 days prior to the opening of each phase, the DEVELOPER shall advertise and receive applications from eligible moderate income home buyers. the minimum qualifications shall be: 1. Minimum 2 person household. 2. Maximum im-ome for the following household sizes: 4 persons or less - $30,150 (two bedroom unit:) 5­6 persons - $33,900 (three bedroom unit) -2- PLANNING COMMISSION RESOLUTION NO. 936 3. The unit must be the purchaser's sole permanent residence. b. If the number of applicants meeting minimum qualifications exceeds the number of units offered, then the following priorities shall apply: I. First time home buyers: Households which have not owned a home within the last 5 years. 2. Single parent households. c. If 25% of the units within each phase are not sold to the target group during the pre-opening application period, sufficient units shall be reserved during the next 60 days to insure that the 25% moderate income target can be achieved. Units remaining alter this 60-lay period may be marketed without restriction other than price provisions of section 4 of this agreement. d. At least 120 days prior to the opening of each subsequent phase, the DEVELOPER shall submit a price schedule to the CCTV consistent with the requirements of this AGREEMENT. A minimum of 25% of the units in each phase must conform to HUD moderate income guidelines. e. The DEVELOPER agrees to allow the city to audit DEVELOPER'S recerds to determine that terms of this AGREEMENT are being complied with. 6. The DEVELOPER shall not discriminate on the basis of race, crr:.ecl, sex, national origin or age. 7. The tarns of this AGREEMENT shall run until all units of the PROJECT are sold. -3- PLANNING COMMISSION RESOLUTION NO. -936- 8. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the, Cll"f. It, the event legal action is brought to enforce any provision hereof, the prevailing party shall be Entitled to reasonable attorney's fees together with other legally allowable costs. 9. This AGREEMENT shall be reviewed by the CITY planning commission every 6 months, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the: terms of the AGREEMENT. If as a result of this review the commission finds and determines on the basis of substantial evidence that the applicant has not complied in good faith with terms or conditions of the AGREEMENT, it shall recommend to the city council that the AGR.EEWHNT be modified or terminated. If the city council concurs with the planning commission rep ommendation, the AGREEMENT shall be modified or terminated. Proceedings before the city council shall be a noticed public hearing. If at the time of the hearings substantial irnprovemaits have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous; approvals and permits associated herewith. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated, then enforcement of provisions of this AGREEMENT shall be pursued through legal action per No. 8 of this AGREEMENT. 10. Pie AGREEMENT shall be construed according to the laz,s of the State of California. 1f any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 11. Each of the parties hereto covenants and agrees that: it has the legal capar_ity to make the AGREEMENTS herein contained, that each such PLANNING COMMISSION RESOLUTION NO. 936 AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF the parties have executed this Agreement: the year and date first above written. THE CITY OF PALM DESERT By NICK TAVAGLIONE CONS'I RUCTION (Notarized) ATTEST: -5- City of Palm Desert Staff Report TO: Planning Commission DATE: February 15, 1984 CASE NO: DA - 2 REQUEST: Approval of 1'avaglione/Palm Desert Moderate Income Housing Development Agreement. APPLICANT: TAVAGLIONE CONSTRUCTION COMPANY 900 Arlington Avenue Riverside, CA 92503 I. BACKGROUND: This agreement implements requirernents of State Government Code Section 65915 and conditions of approval for PP 27-83 and TT 19847. The applicant was granted a 25% density bonus and therefore must provide at least 25% of the 352 approved units affordable to moderate income households. Through this agreement the applicant will commit to at least 163 (46%) moderate income units. 100% of Phase I and at least 25% of each subsequent phase will be priced within the moderate income range. The marketing program will give priority to moderate income households during the first 90 days of each phase. Since the project will not receive any form of public financial assistance, the agreement does not contain any requirernents for resale control. This is consistent with the State Code, Attorney General's Opinion, and the adoptExl Palm Desert General Plan Housing Element, which states "resale control shall be restricted only to those units that have received government subsidies or assistance". The marketing restrictions should be sufficient to discourage speculation. if. RECOMMENDATION: Adopt Resolution No. ___ _ recommending to City Council approval of DA-2, Tavaglione/Palm Desert Moderate Income Housing Development Agr'eerrerrt. ❑l. ATTACHMENTS: I. Agreement. -- Prepared Bv:' r� Reviewed and Approved By:-_",, ii City of Palm Desert Staff Report TO: Planning Commission DATE: February 1.5, 1984 CASE NO: DA - 2 REQUEST: Approval of Tavaglione/Palm Desert Moderate Income Housing Development Agreement. APPLICANT: TAVAGLIONE CONSTRUCTION COMPANY 900 Arlington Avenue Riverside, CA 92503 I. BACKGROUND: This agreement implements requirements of State Government Code Section 65915 and conditions of approval for PP 27-83 and TT 19847. The applicant was granted a 25% density bonus and therefore must provide at least 25% of. the 352 approved units affordable to moderate income households. Through this agreement the applicant will commit to at least 163 (46%) moderate income units. 1.00% of. Phase: I and at least 25% of each subsequent phase will be priced within the moderate income range. The marketing program will give priority to moderate income households during the first 90 days of each phase. Since the project will not receive any form of public financial assistance, the agreement does not contain any requirements for resale control. This is consistent with the State Code, Attorney General's Opinion, and the adopted Palm Dessert General Plan Housing Element, which states "resale control shall be restricted only to those units that have received government subsidies or assistance". The marketing restrictions should be sufficient to discourage speculation. Il. RECOMMENDATION: Adopt Resolution No. recommending to City Council approval of DA.-2, Tavagl.ione/Palm Desert Moderate Income Housing Development Agreement. III. ATTACHMENTS: 1. Agreement r Prepared By: Reviewed and Approve,:] By: /tm CITY OF PALM DESERT LEGAL NOTICE TAVAGLIONE AFFORDABLE HOUSING DEVELOPMENT AGREEMENT CASE NO. DA - 2 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the TAVAGLIONE CONSTRUCTION COMPANY for approval of a development agreement specifying terms and conditions for the marketing and sale of 352 residential condominiums to be affordable by moderate income households generally located east of Cook Street, north of Hovley Lane, more particularly described as: APN 632-030-002 SAID public hearing will be held on February 21, 1984, at 2:00 P.M. in the Council Chamber in the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary City of Palm Desert, California PUBLISH: Desert Post February 10, 1984 Am PLANNING COMMISSION RESOLUTION NO. 936 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MARKETING AND SALE OF AN APPROVED 352 UNIT CONDOMINIUM PROJECT GENERALLY LOCATED EAST OF COOK STREET NORTH OF HOVLEY LANE. CASE NO. DA-2 i WHEREAS, the planning commission of the City of Palm Desert, California, did on the 21st day of February, 1984, hold a duly noticed public hearing to consider a request by TAVAGLIONE CONSTRUCTION COMPANY for approval of a development agreement specifying the terms and conditions for the marketing and sale of an approved 352 unit condominium project generally located east of Cook Street north of Hovley Lane. WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, in that the director of environmental services had determined the project has been assessed in connection with previous approvals and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the development agreement. 1. The proposed development agreement is consistent with the General Plan Zoning Ordinance and specifically implements policies contained within the Housing Element. 2. The proposed agreement will facilitate the production of housing affordable by moderate income households. 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 that DA 02 be adopted as described in Exhibits "A" for reasons set out in the staff report and this resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of February, 1984, by the following vote, to wit: AYES: CRITES, DOWNS, ERWOOD, RICHARDS NOES: NONE ABSENT: WOOD ABSTAIN: NONE RALPH B. WOOD, Chairman 8 ATTEST: RAMON A. DIAZ, Secretary Am `� j : PLANNING COMMISSION RESOLUTION NO. 936 EXHIBIT "A" TAVAGLIONE/PALM DESERT MODERATE INCOME HOUSING DEVELOPMENT AGREEMENT This agreement is made and entered into this day of , 1984, by and between the City of Palm Desert, hereinafter referred to as the "CITY" and Nick Tavaglione Construction Company, hereinafter referred to as the "DEVELOPER" provides: 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in "Exhibit All attached hereto and made a part hereof (hereinafter "PROPERTY"). 2. Pursuant to the goals and objectives of the Palm Desert General Plan Housing Element and provisions of California State Government Code Section 65915 designed to facilitate the construction of housing affordable to moderate income households, DEVELOPER has applied and been granted conditional approval of Tentative Map 19847 and Precise Plan of Design 27-83 (hereinafter "PROJECT") to construct 352 residential condominium units on the PROPERTY. These approvals included a 25% density bonus. increasing the density from 5 du/ac to 6.25 du/ac. 3. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed 120% of the Riverside County median income based upon financial and demographic information received from the United States Department of Housing and Urban Development (HUD) or its successor agency. This information is contained in "Exhibit B" and shall be updated automatically as data is PLANNING COMMISSION RESOLUTION NO. 936 obtained from HUD. If in the future more current data is made available by the United States Bureau of Labor Statistics or other officially recognized agencies, the applicant may request amendment to this j AGREEMENT to include this data. � y 4. State Government Code Section 65915 requires that at least 25% of the units (hereinafter referred to as "AFFORDABLE UNITS") within the PROJECT be affordable by moderate income households. Pursuant and in addition to this requirement, the DEVELOPER hereby agrees to price 100% of the units within Phase I of the PROJECT consistent with the income limits of moderate income households. This maximum selling price shall be based upon a monthly payment (mortgage, taxes and insurances) approximately equivalent to 30% of the maximum gross monthly income of a moderate income household. This figure shall be adjusted according to size and type of unit. The following selling maximum prices shall apply to Phase I of the PROJECT. - 42 two bedroom two story 991 sq. ft. $68,000 - 16 two bedroom one story 961 sq. ft. $70,000 - 42 three bedroom two story 1288 sq. ft. $78,000 5. The marketing program for the PROJECT shall give priority to moderate income households and shall include the following features: a. 30 days prior to the opening of each phase, the DEVELOPER shall advertise and receive applications from eligible moderate income home buyers. The minimum qualifications shall be: 1. Minimum 2 person household. 2. Maximum income for the following household sizes: 4 persons or less - $30,150 (two bedroom unit) 5-6 persons - $33,900 (three bedroom unit) -2- PLANNING COMMISSION RESOLUTION NO. 936 3. The unit must be the purchaser's sole permanent residence. b. If the number of applicants meeting minimum qualifications exceeds the number of units offered, then the following priorities ., shall apply: I. First time home buyers: Households which have not owned a home within the last 5 years. 2. Single parent households. C. If 25% of the units within each phase are not sold to the target group during the pre-opening application period, sufficient units shall be reserved during the next 60 days to insure that the 25% moderate income target can be achieved. Units remaining after this 60-day period may be marketed without restriction other than price provisions of section 4 of this agreement. d. At least 120 days prior to the opening of each subsequent phase, the DEVELOPER shall submit a price schedule to the CITY consistent with the requirements of this AGREEMENT. A minimum of 25% of the units in each phase must conform to HUD moderate income guidelines. e. The DEVELOPER agrees to allow the city to audit DEVELOPER'S records to determine that terms of this AGREEMENT are being complied with. s 6. The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin or age. 7. The terms of this AGREEMENT shall run until all units of the PROJECT are sold. -3- PLANNING COMMISSION RESOLUTION NO. 936 8. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the i prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. 9. This AGREEMENT shall be reviewed by the CITY planning commission every 6 months, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the terms of the AGREEMENT. If as a result of this review the commission finds and determines on the basis of substantial evidence that the applicant has not complied in good faith with terms or conditions of the AGREEMENT, it shall recommend to the city council that the AGREEMENT be modified or terminated. If the city council concurs with the planning commission recommendation, the AGREEMENT shall be modified or L-J terminated. Proceedings before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated, then enforcement of provisions of this AGREEMENT shall be pursued through legal action per No. 8 of this AGREEMENT. 10. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held i to be unenforceable, such determination shall not affect the validity of i the remaining portions. 11. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each such -4- PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MARKETING AND SALE OF AN APPROVED 352 UNIT CONDOMINIUM PROJECT GENERALLY LOCATED EAST OF COOK STREET NORTH OF HOVLEY LANE. CASE NO. DA-2 WHEREAS, the planning commission of the City of Palm Desert, California, did on the 21st day of February, 1984, hold a duly noticed public hearing to consider a request by TAVAGLIONE CONSTRUCTION COMPANY for approval of a development agreement specifying the terms and conditions for the marketing and sale of an approved 352 unit condominium project generally located east of Cook Street north of Hovley Lane. WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services had determined the project has been assessed in connection with previous approvals and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the development agreement. 1. The proposed development agreement is consistent with the General Plan Zoning Ordinance and specifically implements policies contained within the Housing Element. 2. The proposed agreement will facilitate the production of housing affordable by moderate income households. 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 that DA 02 be adopted as described in Exhibits "A" for reasons set out in the staff report and this resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of February, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RALPH B. WOOD, Chairman ATTEST: RAMON A. DIAZ, Secretary Am PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" TAVAGLIONE/PALM DESERT MODERATE INCOME HOUSING DEVELOPMENT AGREEMENT This agreement is made and entered into this day of 1984, by and between the City of Palm Desert, hereinafter referred to as the "CITY" and Nick Tavaglione Construction Company, hereinafter referred to as the "DEVELOPER" provides: 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in "Exhibit A" attached hereto and made a part hereof (hereinafter "PROPERTY"). 2. Pursuant to the goals and objectives of the Palm Desert General Plan Housing Element and provisions of California State Government Code Section 65915 designed to facilitate the construction of housing affordable to moderate income households, DEVELOPER has applied and been granted conditional approval of Tentative Map 19847 and Precise Plan of Design 27-83 (hereinafter "PROJECT") to construct 352 residential condominium units on the PROPERTY. These approvals included a 25% density bonus increasing the density from 5 du/ac to 6.25 du/ac. 3. As used herein, "moderate income households" shall refer to families or individuals whose gross income does not exceed 120% of the Riverside County median income based upon financial and demographic information received from the United States Department of Housing and Urban Development (HUD) or its successor agency. This information is contained in "Exhibit B" and shall be updated automatically as data is PLANNING COMMISSION RESOLUTION NO. obtained from HUD. If in the future more current data is made available by the United States Bureau of Labor Statistics or other officially recognized agencies, the applicant may request amendment to this AGREEMENT to include this data. 4. State Government Code Section 65915 requires that at least 25% of the units (hereinafter referred to as "AFFORDABLE UNITS") within the PROJECT be affordable by moderate income households. Pursuant and in addition to this requirement, the DEVELOPER hereby agrees to price 100% of the units within Phase I of the PROJECT consistent with the income limits of moderate income households. This maximum selling price shall be based upon a monthly payment (mortgage, taxes and insurances) approximately equivalent to 30% of the maximum gross monthly income of a moderate income household. This figure shall be adjusted according to size and type of unit. The following selling maximum prices shall apply to Phase I of the PROJECT. 1. 42 two bedroom two story 991 sq. ft. $68,000 2. 16 two bedroom one story 961 sq. ft. $70,000 3. 42 three bedroom two story 1288 sq. ft. $78,000 5. The marketing program for the PROJECT shall give priority to moderate income households and shall include the following features: A. 30 days prior to the opening of each phase, the DEVELOPER shall advertise and receive applications from eligible moderate income home buyers. The minimum qualifications shall be: 1. Minimum 2 person household. 2. Maximum income for the following household sizes: 4 persons or less - $30,150 (two bedroom unit) 5-6 persons - $33,900 (three bedroom unit) -2- PLANNING COMMISSION RESOLUTION NO. 3. The unit must be the purchaser's sole permanent residence. If the number of applicants meeting minimum qualifications exceeds the number of units offered, then the following priorities shall apply: 1. First time home buyers: Households which have not owned a home in California within the last 7 years. 2. Single parent households. B. If 25% of the units within each phase are not sold to the target group during the pre-opening application period, sufficient units shall be reserved during the next 60 days to insure that the 25% moderate income target can be achieved. Units remaining after this 60-day period may be marketed without restriction other than price provisions of section 4 of this agreement. C. At least 120 days prior to the opening of each subsequent phase, the DEVELOPER shall submit a price schedule to the CITY consistent with the requirements of this AGREEMENT. A minimum of 25% of the units in each phase must conform to HUD moderate income guidelines. D. The DEVELOPER agrees to allow the city to audit DEVELOPER'S records to determine that terms of this AGREEMENT are being complied with. 6. The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin or age. 7. The terms of this AGREEMENT shall run until all units of the PROJECT are sold. -3- 1 PLANNING COMMISSION RESOLUTION NO. 8. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. 9. This AGREEMENT shall be reviewed by the CITY planning commission every 6 months, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the terms of the AGREEMENT. If as a result of, this review the commission finds and determines on the basis of substantial evidence that the applicant has not complied in good faith with terms or conditions of the AGREEMENT, it shall recommend to the city council that the AGREEMENT be modified or terminated. If the city council concurs with the planning commission recommendation, the AGREEMENT shall be modified or terminated. Proceedings before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated, then enforcement of provisions of this AGREEMENT shall be pursued through legal action per No. 8 of this AGREEMENT. 10. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 11. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each such -4- PLANNING COMMISSION RESOLUTION NO. AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. THE CITY OF PALM DESERT By By NICK TAVAGLIONE CONSTRUCTION (Notarized) By ATTEST: -5- TAVAGLIONE/PALit DESERT AGREDIENT EXHIBIT A S� ANEN / C RIV-1652760-RWJ DESCRIPTION: IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: TENTATIVE TRACT 13407-4, BEING A DIVISION OF: PARCEL A: PARCEL 2 OF PARCEL MAP NO. 13,406, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 64 PAGES 66, 67 AND 68 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND; THAT PORTION OF SECTION 10, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 10; THENCE SOUTH 89 DEGREES 45' 26" WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, 1140.12 FEET; THENCE SOUTH 25 DEGREES 44' 030 WEST, 578.44 FEET; THENCE SOUTH 64 DEGREES 15' 57" EAST, 108.67 FEET; THENCE NORTH 25 DEGREES 44' 03" EAST, 23.33 FEET; THENCE SOUTH 64 DEGREES 15' 57" EAST, 41.00 FEET; THENCE NORTH 25 DEGREES 44' 03" EAST, 51.79 FEET; THENCE SOUTH 64 DEGREES 15, 57" EAST, 63.10 FEET, TO THE BEGINNING OF TANGENT CURVE, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 615.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE ON ARC DISTANCE OF 186.83 FEET TO A TANGENT LINE; THENCE SOUTH 46 DEGREES 51' 35" EAST, 104.59 FEET; THENCE NORTH 43 DEGREES 08' 25" EAST, 8.83 FEET; THENCE NORTH 89 DEGREES 45' 26" EAST, 930.23 FEET, TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE NORTH 0 DEGREES 04' 21" EAST, 717.00 FEET, TO THE POINT OF BEGINNING; ALSO EXCEPTING THEREFROM. LOTS 1 THROUGH 106 AND COMMON LOT "A" OF TRACT 13407-1 , AS SHOWN BY MAP ON FILE IN BOOK 103 PAGES 68 TO 72, INCLUSIVE, OF "TAPS, RECORDS OF RIVERSIDE COUNTY, CALIFOR- NIA. PAGE 6 TAVAGLIOi,E/PALPi DEK AGREEisEdT a %1 E R EXHIBIT A �\ Nl RIV-1652760—RWJ PARCEL B• THAT PORTION OF SECTION 10, TOWNSHIP 5 SOUTH , RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 10; THENCE SOUTH 89 DEGREES 45' 26" WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, 1140.12 FEET; THENCE SOUTH 25 DEGREES 44 ' 03" WEST, 578.44 FEET ; THENCE SOUTH 64 DEGREES 15' 57" EAST, 108.67 FEET; THENCE NORTH 25 DBGRrES 44 ' 03" EAST, 23.33 FEET; THENCE SOUTH 64 DEGREES 15' 57" EAST, 41.00 FEET; THENCE NORTH 25 DEGREES 44 , 03" EAST, 51.79 FEET; THENCE SOUTH 64 DEGREES 15' 57" EAST, 63. 10 FEET, TO THE BEGINNING OF A TANG3NT CURV?, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 615.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE ON ARC DISTANCE OF 186.83 TO A TANGENT LINE; TH.TICE SOUTH 46 DEGREES 51' 35" EAST, 104.59 FELT ; THENCE NORTH 43 DEGREES O8' 25" EAST, 8. 83 FEET; THENCE. NORTH 89 DEGREES 45 ' 26" EAST, 930.23 FEET, TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE NORTH 0 DEGREES 04' 21" EAST, 717 .00 FEET, TO THE POINT OF BEGINNING. ♦ * : w " PLAT ATTACHED/PC/SAP, PAGE 7 CITY OF PALM DESERT LEGAL NOTICE TAVAGLIONE AFFORDABLE HOUSING DEVELOPMENT AGREEMENT CASE NO. DA - 2 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by the TAVAGLIONE CONSTRUCTION COMPANY for approval of a development agreement specifying terms and conditions for the marketing and sale of 352 residential condominiums to be affordable by moderate income households generally located east of Cook Street, north of Hovley Lane, more particularly described as: APN 632-030-002 SAID public hearing will be held on March 8, 1984, at 7:00 P.M. in the Council Chamber in the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, Secretary City of Palm Desert, California PUBLISH: Desert Post February 24, 1984 Am y �e e iII TT/y�`f7 f o2.2 ENVIRONM" AL SERVICES CIi� OF PgLM DESERT CI�UieG . ha i f 0 /t ? al,�Alrt�z A449, A -a- tpg �tr1L� �;hdv✓ Oe G 7±�- q=14j�l , - � , /�uoa�,-� �La�.ve�G�✓- Gn,.a .�,,,.r, .rnv Co. �a. .. a,„e/ �>�..�� ,ram. ��,.�y Ga�,,.�,..��.. ��� � � JAN - 3 1984 EnVIRONMENTA� gE I S San temente, California CITY OF PAW DESERT 125 East Avenida San Juan December 28, 1983 City of Palm Desert 73-510 Fred Warring Drive Palm Desert, California 92260 Attention: Palm Desert Planning Commission Gentlemen: It:has come to my attention that there is a proposal for multi-unit housing at the south side of the Vista Del Montanas development on Hovely Street. I was appalled that there could besuch utter disregard of the plans as presentedto potential buyers of this property when we purchased our homes, might even be considered. I have a home at 75-265 Vista Huerto and have spent considerable money on upgrading the home with the thought that I will occupy it even more as I have retired this year and I am a widow. With the plot plan in your office and at the sales office of Vista Del Montanas, we were assured that these would all be free standing, single family, one story homes. What has happened to the intregity of a city that would allow two story, density housing, low cost condos in the remainder of this property. We understood from Covington and Kavanaugh that the property in question would be like the present housing, and now it seems the proposal is totally different than that. I feel that all of us who have homes here have been totally mislead and would create a real hardship on many of us who have spent money on our homes, if this were considered. I sincerely trust that the City of Palm Desert Planning Commission will completely turn down this unjust proposal on the property inside Vista Del Montanas on Hovely Street. Very truly yours, _ ) Frances Beshears January 3 , 1984 , .L_ Mr. Ramon A. Diaz, Secretary JAN - 3 1994 City of Palm Desert, California and the Palm Desert Planning Commission ENVIRONMENTAL SERVICES Cll'd QE PALM PESER'! Dear Sirs : I should like to voice my objection to the proposed devel9p- ment by Tav1 nnP Construction Company on a site adjacent to The Lakes Country Club. As a condominium owner at The Lakes, I have invested con- . siderable money to live in a low-density, completely low- profile area which provides quiet, serenity and unobstructed view of mountain and sky. I feel that many other people have come here in the twilight of their years for the very same reasons as I have. It does not seem appropriate to me that you would even consider allowing multi-story dwellings in this area. There are already too many towns and cities in California where lack of sound planning has resulted in a devastating mumbo-jumbo of ill-suited architectural styles juxtapositioning and little or no allow- ance for green belts and recreational areas . Let this not happen in this marvelous desert spot! Surely there are other areas that the Tavaglione Construction Company people might do well to consider for their development, for which, I am sure, there is a need. Thank you for allowing me to voice my opinion. Charlene C. Smoot 286 Ruuning Spring Dr. Palm Desert, Ca. 92260 619-340-6029 P. S. I am not a weekender here, but, rather, a permanent resident.CCS j I Mq n< p Q �y 1984 TY OF pq�D131R 1 T 1 " 1 \ BYO ossLCS -s� or o. ov�1a tv-ou1.cA•li1�l 1h1Cohs\sT�-,� v"`°�� S�o V A�Lm1 A'Fec� h2s�re-�� �o 'r'\9otl�o�a �N'0.C�1 w`� �•2�u' \�`'-\� b V " 1 NORTH1177 DRIVE PALM S RINGS, CAL CALIFORNIA 92262 ' 0 PHONE (714) 325-5591 JA C c am N o S 1 �1 F 1 6'�i' 2 c�3 zvf l4o N 1984 � \k^ ry of Z,,v ES UAA kq, v flo D. Gayle Bostwick JANUARY 3, 1983 216 Running Springs Dr. The Lakes C.C. Palm Desert, CA 92260 9 � Members of the Planning Commission Palm Desert, Ca. 92260 REFERENCE: Case No. TT 19847 & PP 22-83 Please Note, sirs, my OBJECTION to the above planned pro- jemct for the following reasons: 1) Thursday, 120183, 1 met and spoke to the builder, Mr. Tavaglione regarding his planned project inthat I live, as a full-time homeowner, directly behind the wall and planned four-plexes included in his plans. 2) He showed me his renderings and plot plans, also the par- ticular section was pointed out planned behind my home. He told me,plus illustrated on- the plans, "You will be facing the top one-half of the four-plex's or. . .a plain stucco side of the bldg. plus tile roof with two(2) small bathroom windows." He epplained. a single story garage would be north of hhe bldg. , yard. (not maintained by the assoc.) and NO trees whatsoever, then the upper half visible to me as described above. Certainly not a desirable building and would detract from the area tremendously. . 3) I particularly asked then as to any trees planned, "HO, why should I. . .?3" was his direct quotel and as to price, he first told me"from the $70,000's to $80's" , however, as we parted company he changed those figures tot"$60's to$70's" I had hoped to attend tonights meeting as I am very up- set altho donotdeny any builder the right to build as long as it does not hinder, hurt or blight an area. Due to a spinal injury I am afraid I cannot sit through the meeting. Thus my letter and objection. Thank you for your kind. attention and hopefully the project c� will be voted down. �!�de /, ���v� tip' Qi7m MESSAGE T ORI ING NUMBER OFFICE iJ / FILING iG TIME // ADDRESS! /�" ,. ✓,.�� L�/ yJL _ EDAM q / CITY - STATE & ZIP CODE: n 3 19fi4 � SIGNED: 0; n RE ' fji��C'e ems( / 3 EdVIRONMENLAL SERVICES Lai " , , elegram western union MESSAGE [� ORIGINATING\) DATE FILING TIME NUMBER Ong O �/1 OFFICE / TO: 0 ,/. c!� 1 Ct-2,- =e- ADDRESS: CITY — STATE & ZIP CODE: nn � � // // `'�• V ✓�-�� (�Q.QM� ./1¢.G i C�� / Y-e c-i Cyc`—H'uiv (yam R.¢diG I��,w �C� (i•� -/'�-pis"e. � �/ � r-/nv- �� �11r715�- l /e-� ,q c ©�x" ycv✓j / Cl 80 7 /J - CX e U A� Q� IM �lt A�'cf � L CA-C-ems v.Qd Ze 7-0ivi`17 0 ro�s/ ' a a n p SIGNED: I C7 3 THE S TAT L E R H I LTO N AT MADISON SQUARE GARDEN SEVENTH AVENUE, 32nd to 33rd STREET • NEW YORK N. Y. 10001 TEL. Area Code 212 PENNSYLVANIA 6.5000 1 QesehIr F7� -JA 0 ELW/gpN 1981� `�O�RNT�1C SERVic, A� V�RSI I� o� I La\k� lawN y �I °I w, V--d-r d A 6�e • 1�(NS/ Nq 20-` \\1'Yi�¢Yer11(C:EQ9YL. �1 fi�C/l nl s'/ S*AN� Wl s tw-�^rr�awJ�lC1Nq,\V f-A'.Id_U-SeS � bJ� �-V+LCT,I N' W- � I RN NPlI. M 1a°rr-1e ni` ,p ) Cy N�.b W t,04J+ V, OF .14 "'��.e.V c M'h.�CLt V P"Ra wT��I sus Q �aa�0i1 A-c jIHf,/IV�. 1 �aa�o MINUTES PALM DESERT :PLANNING COMMISSION JANUARY 3, 1984 Commission concurred that: Coinmissi.oner Crites' clarification should be added as a condition. Chairman Wood asked if anyone else wished to speak in FAVOR or OPPOSITION to this case. MR. JOHN VELI, owner of property at 44-311 Monterey, stated he was in favor of this proposal. Chairman Wood closed the public hearing. Moved by Commissioner Richards, seconded by Commissioner Downs, to approve the findings as presented by staff. Carried unanimously 5-0. Moved by Commissioner Richards; seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 919, recommending to the city council approval of C/Z 12-83. Carried unanimously 5-0. Moved by Commissioner Crites, seconded by Commissioner Erwood, to adopt Planning Commission Resolution No. 920, approving PP 25-83, subject to-conditions as amended. Carried unanimously 5-0. C. Case Nos., P 3 and TT 19847, TAVAGLIONE CONSTRUCTIONCOMPANY;-Applican- Request for approval of a precise plan, tentative tract map and a Negative Declaration of Environmental Impact to allow development of 352 condominium units on 56.4 acres in the PR-5 zone (with a 25% affordable housing density bonus) generally located north of Hovley Lane, east of Cook Street. Mr. Drell gave the staff report and reported the issues of concern were: density and design. He explained that this matter should be continued to finalize the negotiations between this development and the adjoining development, Vista Del Montanas. It was noted several written communications were received .in opposition. Commissioner Crites asked if the latest plans show the road system to be separate from the Vista Del Montanas. Mr. Drell replied affirmative. Commissioner Crites asked if there would be a wall dividing the projects. Mr. Drell replied affirmative.. The buffer zone being one story buildings. Commissioner Crites asked if t:he city had purview of any previous agreements made with existing horeowners in the existing development. Mr. Drell replied no. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. MR. NICK TAVAGLIONE, 9000 Arlington Avenue, Riverside„ stated lie had met with the Vista Del Montanas Homeowners Association'-; attorney and had reached an agreement. lie agreed with recommendation to one story buildings along the buffer zone; a six foot black wall would be installed; give up a piece of residential land for recreational amenities; and, landscape and maintain a strip of land along the wall and deeding this strip to them also. tie requested approval without: a continuance. PAR. WAYNE GURALNICK, attorney for homeowners association, also outlined the agreement they had reached with Mr. Tavaglione, adding; that the block wall around the perimeter would be slurnpstone to match the one from the existing development with a 5 to 10 it, setback; t:hi.s wall is to be constructed within two months after building permits are pulled to prevent building impacts; he specifically stated 21 single story buildings would be built for the purpose of buffering; and drainage problems would be taken care of by Mr. Tavaglione due to the construction of the block wall. He ._Lt j fi MINUTES PALM DESERT PLANNING; COMMISSION JANUARY 3, 1984 requested that this agreement be part of the conditions. Mr. Diaz stated that the motion can include a statement "the plan shall be modified per the agreement reached by the homeowners association and Mr. Tavaglione." Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this request. MR. JIM RESNEY, 75-005 Country Club Drive, asked if the single story buildings would be bordering The Lakes Country Club. Mr. Tavaglione replied affirmative, Chairman Wood closed the public hearing. Commissioner Richards asked staff for the proper procedure on this request. Mr. Diaz explained that since there was no resolution prepared, commission's action could instruct staff to prepare a resolution of approval for adoption at the next meeting. Mr. Diaz noted that final details of the agreement made between the homeowners association and Mr. Tavaglione needed to be made with staff in regards to substituting residential homes for tennis courts. Mr. Guralnick agreed. Moved by Commissioner Crites, seconded by Commissioner Erwood, to instruct: staff to prepare a resolution of approval, to include all the changes and agreements made by and between Nick Tavaglione and Wayne Guralnick, attorney for the. Vista Del Montanas Homeowners Association. Carried unanimously 5-0. Mr. Diaz added, for the benefit of the homeowners present, that the commission had instructed staff to investigate the preparation of a "perspective homeowners awareness package" which would illustrate what can or cannot happen in future developments. D. Case Nos. C/Z 10-83 and TT 19775, LEWIS HOMES OF CALIFORNIA, Applicant Request for approval of a change of zone from O.S. to R-1, 10,000 and a 23 lot tentative tract map for b acres generally located on the north side of Haystack Road between Highway 74 and Portola Avenue. Mr. Drell reviewed the staff report and indicated that the proposal would be inconsistent with the general plan. Therefore, staff recommended denial. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. MR.. }SILL SULLIVAN, regional manager for Lewis Homes, explained that since there were several issues in the staff report that he could not respond to because of lack of time to review, requested a continuance. He gave the background for this property, He submitted a letter from Lewis Homes which gives reasons for the design concept of this matter. He believed this proposal was consistent with the general plan and asked commission to consider the proposal on its merits. He reviewed some issues that were not addressed in the staff report and asked staff to address these issues. MR. STAN MORSE, engineer, requested approval. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the public hearing was closed. Mr. Diaz noted staff did receive a petition by homeowners indicating they were in favor of this request. He felt this was a good planning solution in and of itself but -5- I 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: January 20, 1984 Tavaglione Construction Co. 900 Arlington Avenue Riverside, CA 92503 Re: TT 19847 and PP, 27-83� The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of January 17, 1984. Approved by Adoption of Resolution No. 926 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. RAMON A. DIAZ,.SECRETARY PLANNING COMMISSION RAD/lcr cc: Coachella Valley Water District File PLANNING COMMISSION RESOLUTION NO. 926 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A 368 LOT TENTATIVE TRACT MAP, PRECISE PLAN OF DESIGN AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW DEVELOPMENT OF 352 CONDOMINIUM UNITS ON 56.4 ACRES IN THE PR-5 ZONE (WITH A 25% AFFORDABLE HOUSING DENSITY BONUS PURSUANT F THE STATE CODE TO SECTION 65915 O ) GENERALLY �- LOCATED NORTH OF HOVLEY LANE, EAST OF COOK STREET. CASE NO. TT 19847 and PP 27-83 WHEREAS, the planning commission of the City of Palm Desert, California, did on the 3rd day of January, 1984, hold a duly noticed public hearing and a continued public hearing on January 17, 1984, to consider the request by TAVAGLIONE CONSTRUCTION COMPANY for approval of a 368 lot tentative tract map and precise plan of design to allow construction of 352 condominium units on 56.4 acres (with a 25% density bonus pursuant to section 65915 of the state code) generally located north of Hovley Lane, east of Cook Street more particulary described as: APN 632-030-002 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implemention the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that as mitigated, the project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said commission did find the following facts to justify their actions, as described below: TT 19847 1. The proposed map, its design, improvements, type of development, and density are consistent with the State Subdivison Map Act, the Palm Desert Subdivision and Zoning Ordinance, and General Plan. 2. The design of the subdivision and required mitigation measures insure that the project will not result in environmental damage, injure fish or wildlife, degrade water quality or create public health problems. 3. The map will not conflict with public easements. 4. The map will allow unrestricted solar access to all lots. 5. The applicant has agreed to sell 25% of the project (88 units) at prices affordable to moderate income households. PP 27-83 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the planning commission of the City of Palm Desert, California, as follows: -1- PLANNING COMMISSION RESOLUTION NO. 926 1. That the above recitations are true and correct and constitute the findings of the commission in these cases. 2. That the Planning Commission does hereby aprove TT 19847 and PP 27-83, subject to the attached conditions. 3. That the Negative Declaration of Environmental Impact is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of January, 1984, by the following vote, to wit: AYES: CRITES, DOWNS, ERWOOD, RICHARDS and WOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE RALPH B. WOOD, Chairman ATTEST: C-' RAMON A. DIAZ, Secretary Am -2- PLANNING COMMISSION RESOLUTION NO. 926 Conditions of Approval Case Nos. PP 27-83 Fa' Department of Environmental Services: 1. 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.. 2. The applicant shall have twenty-four (24) months from the date of the approval or conditional approval of the tentative map for filing of the final map unless an extension of time as permitted by code is granted by planning commission. 3. Twenty-five percent of the units shall be reserved and be affordable for moderate income households. Prior to recordation of the final map, the developer shall execute an agreement with the city specifying the terms and conditions by which the required moderate income units shall be sold and controlled. 4. 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. 5. All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert or other appropriate agency, without cost and free of all liens and encumbrances. 6. The CC&R'S for this development shall be submitted to the director of environmental services for review and final approval by the city attorney prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the city engineer: a. The document to convey title. b. Covenants and restrictions to be recorded. C. Management and maintenance agreement to be entered into with the owners of the units of the project. 7. Prior to submittal of the final map, the applicant shall provide the department of environmental services with a list of proposed street names with at least three alternatives. The approval of the final street name shall be made by the director of environmental services. 8. The project shall contain three swimming pools, minimum dimensions 20 feet by 50 f eet. 9. Prior to the issuance of a grading permit, the developer shall make a contribution of $42,000to the Fringed Toad Lizard Fund. 10. The terms of agreement between Tavaglione Construction Company and the Vista del Montanas Homeowners Association shall constitute conditions of approval of this resolution. Department of Public Works: 11. Drainage and signalization fund fees, as required by City ordinance, shall be paid prior to recordation of the final map. 12. Drainage facilities shall be provided per Ordinance No. 218 and the Master Drainage Plan to the specifications of the Director of Public Works. -3- PLANNING COMMISSION RESOLUTION NO. 926 13. Full public improvements, including traffic safety lighting as required by ordinance. 14. Improvement plans for water and sewer systems shall be approved by the respective service districts. 15. Complete improvement plans and specifications shall be submitted as required by ordinance to the City Engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as-built" plans prior to . acceptance of the subdivision improvements by the City. 16. All private streets shall be inspected by the engineering department and a standard private engineer. 17. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 18. Landscaping maintenance on Hovley Lane shall be provided by the homeowners association. 19. Traffic safety striping on Hovley Lane shall be provided to the specifications of the Director of Public Works. A traffic control plan must be submitted to and approved by the Director of Public Works before placing pavement markings. 20. Complete grading plans shall be submitted to the Department of. Public Works for review and approval prior to issuance of any permits. (Soil report to be included in submittal). Fire Marshal: 21. Install a water system capable of delivering 2500 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. Fire flow requirements will depend on built- in fire protection provisions of buildings. 22. Install Riverside County super fire hydrants located at each intersection: a.but not greater than 400 feet apart in any direction. b.so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. c.exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. d.curbs shall be painted red 15 feet in either direction from each hydrant. e.hydrants shall not be located closer than 25 feet to any building. 23. 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. 24. Prior to issuance of a building permit, the developer shall furnish the original and three copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department, and the original will be returned to the developer. 25. 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 TT 19847, PP 27-83, is in accordance with the requirements prescribed by the Fire Marshal." 26. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. -4- PLANNING COMMISSION RESOLUTION NO. 926 27. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. Am C t -5- .1 City of Palm Desert Staff Report TO: Planning Commission DATE: January 17, 1984 CASE NOS: TT 19847 and PP 27-83 REQUEST: Approval of tentative tract map, precise plan and a negative declaration of environmental impact to allow development of 352 condominium units on 56.4 acres in the PR-5 zone (with a 25% affordable housing density bonus) generally located north of Hovley Lane, east of Cook Street. APPLICANT:TAVAGLIONE CONSTRUCTION COMPANY 900 Arlington Avenue Riverside, CA 92503 I. BACKGROUND AND ANALYSIS: This item was continued from the January 3 meeting. At that hearing an agreement was reached between the developer and the Vista del Montanas Homeowners Association involving perimeter walls, landscaping and one story construction adjacent to existing development. A representative from the Lakes Country Club was present at the hearing and concurred with the compromise agreement. The features of the agreement have been incorporated into a revised map and site plan. The plan conforms to applicable zoning standards, public works and five code requirements. 11. FINDINGS: The following findings can be made in support of the proposed map: 1. The proposed map, its design, improvements, type of development and density are consistant with the State Subdivision Map Act, the Palm Desert Subdivision and Zoning Ordinances and General Plan. 2. The design of the subdivision and required mitigation measures insure that the project will not result in environmental damage, injure fish or wildlife, degrade water quality or result in public health problems. 3. The map will not conflict with public easements. 4. The map will allow unrestricted solar access to all lots. 5. The applicant has agreed to sell 25% of the project (88 units) at prices affordable to moderate income households. The following findings can be made in support of the precise plan: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of, property in the vicinity by occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. y CASE NOS. PP 27-83 and TT 19847 JANUARY 17, 1984 III. ATTACHMENTS: 1. Resolutions 2. Negative Declaration of Environmental Impact 3. Maps and Exhibits 4. Letters from adjacent property owners IV. RECOMMENDATION: Approve findings and adopt Resolution No. and approving TT 19847 and PP 27-83 and a Negative Declaration of Environmental Impact as it pertains thereto. - 2 - PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A 368 LOT TENTATIVE TRACT MAP, PRECISE PLAN OF DESIGN AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW DEVELOPMENT OF 352 CONDOMINIUM UNITS ON 56.4 ACRES IN THE PR-5 ZONE (WITH A 25% AFFORDABLE HOUSING DENSITY BONUS PURSUANT TO SECTION 65915 OF THE STATE CODE) GENERALLY LOCATED NORTH OF HOVLEY LANE, EAST OF COOK STREET. CASE NO. TT 19847 and PP 27-83 WHEREAS, the planning commission of the City of Palm Desert, California, did on the 3rd day of January, 1984, hold a duly noticed public hearing and a continued public hearing on January 17, 1984, to consider the request by TAVAGLIONE CONSTRUCTION COMPANY for approval of a 368 lot tentative tract map and precise plan of design to allow construction of 352 condominium units on 56.4 acres (with a 25% density bonus pursuant to section 65915 of the state code) generally located north of Hovley Lane, east of Cook Street more particulary described as: APN 632-030-002 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implemention the California Environmental Quality Act, Resolution No. 80-8911, in that the director of environmental services has determined that as mitigated, the project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said commission did find the following facts to justify their actions, as described below: TT 19847 1. The proposed map, its design, improvements, type of development, and density are consistent with the State Subdivison Map Act, the Palm Desert Subdivision and Zoning Ordinance, and General Plan. 2. The design of the subdivision and required mitigation measures insure that the project will not result in environmental damage, injure fish or wildlife, degrade water quality or create public health problems. 3. The map will not conflict with public easements. 4. The map will allow unrestricted solar access to all lots. 5. The applicant has agreed to sell 25% of the project (88 units) at prices affordable to moderate income households. PP 27-83 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the planning commission of the City of Palm Desert, California, as follows: -1- PLANNING COMMISSION RESOLUTION NO. I. That the above recitations are true and correct and constitute the findings of the commission in these cases. 2. That the Planning Commission does hereby aprove TT 19847 and PP 27-83, subject to the attached conditions. 3. That the Negative Declaration of Environmental Impact is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of January, 1984, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RALPH B. WOOD, Chairman RAMON A. DIAZ, Secretary Am -2- PLANNING COMMISSION RESOLUTION NO. Conditions of Approval Case Nos. PP 27-83 Department of Environmental Services: I. 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. 2. The applicant shall have twenty-four (24) months from the date of the approval or conditional approval of the tentative map for filing of the final map unless an extension of time as permitted by code is granted by planning commission. 3. Prior to recordation of the final map, the developer shall execute an agreement with the city specifying the terms and conditions by which the required moderate income units shall be sold and controlled. 4. 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. 5. All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert or other appropriate agency, without cost and free of all liens and encumbrances. 6. The CC&R'S for this development shall be submitted to the director of environmental services for review and final approval by the city attorney prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the city engineer: a. The document to convey title. b. Covenants and restrictions to be recorded. C. Management and maintenance agreement to be entered into with the owners of the units of the project. 7. Prior to submittal of the final map, the applicant shall provide the department of environmental services with a list of proposed street names with at least three alternatives. The approval of the final street name shall be made by the director of environmental services. 8. The project shall contain three swimming pools, minimum dimensions 20 feet by 50 f eet. 9. Prior to the issuance of a grading permit, the developer shall make a contribution of $42,000 to the Fringed Toad Lizard Fund. 10. The terms of agreement between Tavaglione Construction Company and the Vista del Montanas Homeowners Association shall constitute conditions of approval of this resolution. Department of Public Works: 11. Drainage and signalization fund fees, as required by City ordinance, shall be paid prior to recordation of the final map. 12. Drainage facilities shall be provided per Ordinance No. 218 and the Master Drainage Plan to the specifications of the Director of Public Works. 13. Full public improvements, including traffic safety lighting as required by ordinance. -3- PLANNING COMMISSION RESOLUTION NO. 14. Improvement plans for water and sewer systems shall be approved by the respective service districts. 15. Complete improvement plans and specifications shall be submitted as required by ordinance to the City Engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the subdivision improvements by the City. 16. All private streets shall be inspected by the engineering department and a standard private engineer. 17. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 18. Landscaping maintenance on Hovley Lane shall be provided by the homeowners association. 19. Traffic safety striping on Hovley Lane shall be provided to the specifications of the Director of Public Works. A traffic control plan must be submitted to and approved by the Director of Public Works before placing pavement markings. 20. Complete grading plans shall be submitted to the Department of Public Works for review and approval prior to issuance of any permits. (Soil report to be included in submittal). FIRE MARSHAL: 21. Install a water system capable of delivering 2500 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. Fire flow requirements will depend on built- in fire protection provisions of buildings. 22. Install Riverside County super fire hydrants located at each intersection: a. but not greater than 400 feet apart in any direction. b. so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. c. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. d.curbs shall be painted red 15 feet in either direction from each hydrant. e. hydrants shall not be located closer than 25 feet to any building. 23. 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. 24. Prior to issuance of a building permit, the developer shall furnish the original and three copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department, and the original will be returned to the developer. 25. 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 TT 19847, PP 27-83, is in accordance with the requirements prescribed by the Fire Marshal." 26. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 27. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. Am -4- 116 Running Spring Drive Palm Desert, Ca . 92260 �A�' ' lass January 4 , 1984 ENVIRONMENTAL SE,7v ES CITY OF PriLM OESERT City of Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, Ca . 92260 Re : Case Nos . TT 19847 and PP 22-83 Gentlemen: It is my understanding that the proposed development on the southwestern border of The Lakes Country Club has an approved tentative tract map calling for 156 condominium homes on 34 acres . According to my calculations, this is 4' units per acre , considerably higher than the surrounding developments in the Palm Desert and Rancho Mirage areas . I purchased at The Lakes Country Club because of the low density and openness afforded by the golf course . I understand that the condominiums are two stories and I find that especially objectionable as I know of no residential development in the immediate area that utilizes a two story design. As an owner adjacent to this property, I strongly object to the proposal based on the density as well as the two story design . As you might suspect, many of the residents at The Lakes Country Club are not full time residents of this area, but I can assure you after they ' ve learned of the proposed project, I believe you will find a very discontent group of. people . I trust that better judgment will prevail and the Planning Commission will deny approval for this project. The project is not in keeping with the low density and low elevations that are so prevalent in our beautiful city . ,Thank you for your consideration . Sincerely, Warren W. Smith WWS: jm 'VITA_ RES�„� Vitamin Co, Inc . 7366ORANGEWOOD AVENUE,GARDEN GROVE, CA 92641 P.O. BOX 3185, GARDEN GROVE, CA 92642•(714) 898-9936 January 2, 1983 � �T1T�� a I.� r }g3A Er,VIRONMENTAL SERVICES CITY OF PALM DESERT City of Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Case Nos. TT 19847 & PP 22-33 Gentlemen: I would like to object to this two story housing project. My home is on Running Spring Drive which is on the border of this planned development. If this two story project is allowed to proceed with their current plans , I will lose the complete view of the mountains in the front of my home. All the other planned developments in this area are low density and single story and I believe that this new proposed project is not compatible with existing and proposed land uses . I , hereby, register my objection to this project. Si cerEly, Jim B. Martin Chairman of the Board CHICAGO OFFICE 333 NO. MICHIGAN AVE.,SUITE 1500-CHICAGO,IL 60611 (312) 782-1119 I OOulerinaster-�Bastlaiu &,gssUCla es (7nsuranrr `,Rgenrr 9nc. f January, 4, 1984A5rltcir. r �IJYIi2UNMENIi;; •t�r71,1l:F� City �:)f Palm )esEl"i _- Planning Commission 73-510 Fred Waring Drive Palm Desert , CA 92260 Re: ,Cast Nos. TT 19847 and PP 22-83 Gentlemen: I've just received notification to the effect that the Planning Commission is considering the above cases. As n resident of The Lakes Country Club, I am very much concerned _;'bout � Ve proposed density and structure of the buildings. As a homeowner who enjoys the area of Palm Desert, I was certainly not anticipating having to be blocked by 2-story buildings from the view we enjoy so much. I wish to register my strong objection for the consideration of 2-story design in the particular area involved. We have purchased in this particular area because of the beauty of the mountains which are currently accessible, and certainly would not desire that our view of the mountains be blocked. Your consideration of our objection will be greatly appreciated. Jery truly yours, W. F. 'm.aErrnaster 184 Running Springs Drive LaKe_; Country Club WF3:am 106 i1 Paramount 81vd. I)o"ate.Cal ilnrnla 90241 • (211)921-9631 • ('14j 522-47)0 9767 Babbitt Avenue Northridge, California 91325 / M3?G02t��D December 30, 1983 -11v - 1984I FNVlRONMENIAL SERVICES CITY OF PALM DESERT City of Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, CAlifornia 92260 Re: Case Numbers TT 19847 and PP 22-83 Gentlemen: I just learned about a proposed two story housing project involving the referenced case numbers. As a homeowner, in the rather expensive, well designed Lakes Country Club, I am both surprised and concerned. Our family has made a significant home investment to enjoy the natural beauty and quality of life offered in the Palm Desert area. I believe The Lakes Country Club is a quality development consistent with that of several other developments and hotels in the area either currently in place or under construction. Based on what I have seen, I strongly believe the proposed two story project will detract from the scenic beauty of this immediate area. My home, which is at 268 Running Springs Drive, would look towards a two story structure vs. the beauty of the mountains which was a large attraction to us when we made our recent purchase. I am also concerned that in addition to obstructing the natural beauty, if this project is undertaken it may detract from the value of my investment. I understand there is a public hearing before the Palm Desert Planning Commission on January 3, 1984. Unfortunately, I cannot attend this meeting. However, I hope that this letter clearly expresses my strong objection, and, I know I speak for several. other neighbors on my street. Sincerely, r Bruce Kanter BK/mm Reneficial Income Ta: ",m.rvice of California, Inc 3230 E. Imperial Highwa Roy S. Gerber Suite 202 Tax Suoervlsor M T (K �21YTD Brea. CA 9799C Gig] `�.t' G:/ 714/996-799C )AN - 51984 ENVIRONMENTAL SERVICES CITY OF PALM DESERT December 29 , 1983 Atten : Planning Commission of Palm Desert We do not want any two story units on or near our property at Vista Del Montanas . In addition to that it was my understanding that five per acre was the maximum 'allowed. Seriously concerned, - a� 7 - �Z z� cc : Elaine Kap lan President of Association © Beneficial Arlrliala0 CDmDangf Mrin OIIgeY Inr0.9"O 'Ine U--Slalaf.Can-0-.>uslydlp Irelan0.JaDan.Now jei4rb.IM UmleO Nrn9a.m d W.v Germany ENVIRONMENTAL SERVICES CITY OF PALM DESERT _ .kl? ;"al - i�, COLJLLLl4�L «<�� vCd�2��✓ cz ��s rc`�` G7/r L 9 J'/ 1. �fn •r'✓ LLCC ,4' i/ Cron =r ,i�F /��• CCU-U 0 ; CCl ' �- 7l .rz '/r aP ` ' JOHN AND MARILV ITAMPLER ' 166 LOST. RIVER I PALM DESERT CA 92260 02AM 1141 l 4-010131SO02 01 /02/84 ICS IPMRNCZ CSP LSAB J 6193400757 MGM TORN PALM DESERT CA 59 01-02 0250P EST CITY OF PALM DESERT PLANNING COMMI95ION aT(Vn 73-510 FRED wARING OR (,� PALM DESERT CA 92260 JAAr 4 1984 - ENVrRON OIry OF� SERVICES -- OESERT REGARDING CASE OTT19847 AND PP22-83 AS RESIDENTS OF THE LAKES COUNTRY CLUB WE BELIEVE THE PROPOSED PROJECT IS NOT COMPATIBLE WITH EXISTING LAND USE;.-AND WEIHEREBY REGISTER OUR OBJECTION TO THE PROJECT . JOHN AND MARILYN STAMPLER 166 LOST RIVER DR PALM DESERT CA 92260 14151 EST MGMCOMP a I ' TO REPLY BY MAILGRAM MESSAGE. SEE REVERSE SIDE FOR WESTERN UNION'S TOLL• FREE PHONE NUMBERS i ICI J A N - 4 1984 ENVIRONMENTAL SERVICES 11 CITY OF PALM DESERT TT /9Y� 7 ✓,tw' 4-Li -Jle- L,-4 �� 7Zv bc � p e-tQ �t—�.�.._..�- � Cc�� �i,.-ems �.-.� � � �� � � ti� �� �� � � ��� . cam.-�-�-�� �c.�' � � � � � � � � �� � � ������-�--�- � � o-- _�` `� 7 �� 2- Y S-1 JAN 9 19B4 ENVIRONMENTAL SERVICES OF FPLm OESERT w"I'lo CA -2 3 U ct TT- 74L -3eneficial Income Taxoervice of California, Inc. (� 3230 E. Imperial Highwal 1 Suite 20: Roy B. Gerber Brea, CA 92621 Tax Suoervlsor 714/996-799( MI(plIvTnD JAN _ 9 December 29 , 1983 ENVIRONMENTAL SERVICES CITY of. PALM DESERT Atten : Planning Commission of Palm Desert We do not want any two story units on or near our property at Vista Del Montanas . In addition to that it was my understanding that five. per acre was the maximum allowed. Seriously concerned, Tj�onL/!ES o,(J C�/�E cc : Elaine Kaplan President of Association 3 Beneficial ♦nnimea compamea wnn ongee nvougnoW Ine Umlea Stales Canaaa,Austral,.Velana.Jaoan.New 2ealana.Ine unilea Ningcom 8 west Gel-am + I 'leneficial Income Tax .rvice of California, Inc. 3230 E, Imperial Highway Roy B. Gerber Suite 203 Brea. CA 92621 Tax Supervisor ,•'J�1 714/996-7990 J 1 Nt - 4 1984 ENVIRONMENtqL SERVIC December 29 ; 1983 CITY OF PALM pESERTES Atten : Planning Commission of Palm Desert We do not want any two story units on or: near our property at---Vista Del Montana-s-.- In`4dd €-ior 7Lto-- that it was my understanding that five per acre was the maximum allowed. Seriously concerned, . �-�7--�.— SZz�o cc : Elaine Kaplan President of Association o lBeneficial Anmated cdmoa .es +nn oMKes mmugnom ine Umiea Sales.Canada.Auvraea.treu�d.Jaoan New 2eaund.the Uneed K.ngddm b west Gemaw :J Beneficial Income lax Service of California, Inc. 3230 E. Imperial Highway Roy B. Gerber Suite 203 Brea, CA 92621 Tax Supervisor 714/996-7990 nap ?IT fit, l December 29 , 1983 [.NVIRC•N A4ENTlrl SF.::�':ICr:=. Atten: Planning Commission of Palm Desert We do not want any two story units on or near our property at Vista Del Montanas. In addition to that it was my understanding that five per acre was the maximum allowed. Ser 'Wbe Roy f27Gn � cc : Elaine Kaplan President of Association `✓ — OrrtiA'L. �C/dyy� �- �-d" PGT�/�cy�t.0�()liw-nF,C VI Nei 60 \ r! � �� 7� 2z'v STA (/ciC(n9+'�+K� PiA-CM JFSFhY CCYCOrA T - Also /fir C. T17i S47" F l3eneficial All companies wltfl apices ttvpu9n0ut the United States,Canada.Australia.Ireland,Japan,New Zealand,the United Kingdom S West Germany - TT fl$7-4 s `DP 23 -$3 iLso�, Neels Brea Mortuart NEEL FUNERAL DIRECTORS, INC. ESTABLISHED 1911 January 11, 1984 President E!J VIf?OfV61Ef OTIS D. WEDDLE C17 F y O VFq`. SEi2Vlc„^ Vlee President ''/{L.M pE� CAROL D. WEDDLE Mr. Stan B. Sawa, Principal Planner Treasurer City of Palm Desert VTHA NEEL WEDDLE 73-510 Fred Waring Drive Secretary Palm Desert, California 92260 VIVIAN H.WEDDLE Dear Mr. Sawa: I would appreciate it if you would forward this letter of protest to your Planning Commission. I am referring to Mr. Keith Andersen's Wolf Lodge project adjacent to Monterey Country Club. I have several objections to this project with number one being the density, which is proposed to be changed from 5 units per acre to 7 units per acre. I feel the density would have a detrimental affect on the environment and tranquility we enjoy at our Monterey location. I am also disturbed by the 2z-3 story height for this project adjacent to the surrounding 1-story projects at Monterey and other country clubs in the area. We have no objection to development in this area but would like any development to be within the current guidlines of 5 units per acre, which we understood to be the maximum density of this property when we purchased our condo at Monterey Country Club. Our address is 445 Sierra Modre North, which is part of the property that would be affected the most. Thank you for considering this matter. I will make every effort to be present at the hearing to watch your Planning Commission exercise prudent judgment regarding projects surrounding this area. S' cer FADT� -7-- CDW/jc lard Wedd ` 835 S. BREA BOULEVARD BREA, CALIFORNIA 92621.5386 • Telephone (714) 529-2194 • (213)694-3974 e 4 City of Palm Desert Staff Report TO: Planning Commission DATE: Ja uar-y-3.,_1984 CASE NOS: PP 27-83� TT 19847 REQUEST: Approval of a precise plan, tentative tract map and a negative declaration of environmental impact to allow development of 352 condominium units on 56.4 acres in the PR-5 zone (with a 25% affordable housing density bonus generally located north of Hovley Lane, east of Cook Str eet. APPLICANT: TAVAGLIONE CONSTRUCTION COMPANY 900 Arlington Avenue Riverside, CA 92503 L BACKGROUND: A. ADJACENT ZONING AND LAND USE: North: PR-4/Residential Condominiums South: S.I./Industrial Park East: R-1, 12,000/Vacant West: PR-5/Residential Condominiums B. GENERAL PLAN DESIGNATION: Low Density Residential, 3-5 d.u./acre. 11. PROJECT DESCRIPTION: The proposed project involves the completion of what formerly was Tract 13407, Vista Del Montanas. The original developers experienced financial difficulties after the completion of Phase I and allowed the tentative tract maps on the remaining phases to lapse. Phase I was completed with 146 single family detached condominiums. The proposed project will use essentially the same circulation pattern as was delineated in the original tentative maps. The proposal departs from the original concept in regards to density and unit type. A. DENSITY: The base zoning of the property is PR-5 which permits five dwelling units per gross acre. Chapter 4.3 of the State Planning Law (California Government Code No. 65915) states that if a developer provides at least 25% of the units within a housing project affordable to low or moderate income households, the city shall grant a density increase of at least 25 percent over the density allowed by the zoning ordinance. If the city does not grant the increased density, then it must provide equivalent financial incentives. In this particular case, the developer is requesting the 25% bonus increasing the project density from 5 d.u./ac. to 6.25 d.u./ac. The additional seventy units must be affordable by households earning less than $30,120.00 per year. The actual terms by which the sale of these units will be controled will be the subject of an agreement between the city and the developer. The increased density will not result in significant negative traffic or aesthetic impacts. The type and design of the proposed units may change the appearance of the project. rl r CASE NOS. PP 27-83 AND TT 19847 JANUARY 3, 1984 B. DESIGN: In place of the 12 foot high, one-story conventionally sited single family detached unit originally planned; the applicant proposes twenty-four foot high two-story fourplexes with detached garages. While the existing units have minimal private open space, the proposed units would have 600 square foot private backyards between the unit and the garage. The units will either front or side onto the street. Short alleys will serve the rear garages on the front-facing units. The contemporary Spanish style architecture is compatible with the existing units. Although the PR zone allows two-story units up to thirty feet in height, it is important that there be a smooth transition between the existing one-story units and the new two-story units. This is especially true when the existing residents purchased into what they believed to be a uniform project. The two-story design does offer new residents an unusually large private yard without sacrificing common open space. It also complies to ordinance standards in regards to coverage, open space and parking. The Vista Del Montanas Homeowners' Association has reviewed the plan and strongly objects to many features of the proposal. Of special concern are the two-story units and the increased density. Sunrise Company has also reviewed the plans and has requested modification of the configuration of the units on the north side adjacent to The Lakes Country Club. C. STAFF ALTERNATIVE: Of the two major issues, density and design, the city only has discressionary control over the latter. The 25% density bonus or equivalent is mandated by state law. The extra 1.25 units will not result in significant observable impacts. The impact of the two-story design will be significant. While one cannot expect the applicant to continue building a product type which was partially responsible for the failure of the original project, the concerns of the existing residents must be addressed. Since the zone allows two-story units, it would be difficult to totally prohibit any two-story construction simply because the orignial developer chose a one-story design. The proposed two-story design is vital to the private yard concept, an unusual feature within a condominium project. The design alternative recommended by staff, would substitute one-story units along the streets which form the boundary between the existing and new phases (Via Domingo and Vista Corona). This would result in the existing residents fronting on units of similar design and height as their own. The buyers of the new one-story units would know in advance of the existence of the two-story units. Along the boundary with "The Lakes", the modules can be reoriented resulting in an 80' setback for the two story units.This alternative is similar to the ordinance design standards required for the boundaries between R-1 and multifamily districts. D. SECONDARY ISSUES: The applicant proposes that the new phases will constitute a distinct project with its own homeowners' association. This raises questions concerning how the two associations will interact. The new project will use the entrance and private streets presently maintained by the Vista Del Montanas Homeowners' Association. Recreation and open space will be maintained and regulated separately. The existing project has two 20' x 40' pools for 146 units (one pool/73 units). The applicant is proposing three 24' x 40' pools for 352 units. (1 pool per 117 units). Existing residents report these two pools are quite crowded during the summer months. To avoid the possible impact on the existing pools, staff recommends that the three pools be enlarged to a minimum of 50' in length. This will create a pool area equivalent to a fourth pool lowering the unit/pool ratio to 88. - 2 - CASE NOS. PP 27-83 AND TT 19847 JANUARY 3, 1984 SECONDARY ISSUES (CONTINUED): The old phase was without tennis facilities. The new project will have four courts. The applicant has proposed that the court could be available to existing residents on a second priority basis. E. ENVIRONMENTAL REVIEW: A negative declaration of environmental impact was filed on the original tract map. Since that time, one new significant impact has been identified. The project does involve the Fringe Toed Lizard habitat and will be subject to the mitigation formula developed for the Marriott project. That mitigation would be a payment of $42,000 to the Fringed Toed Lizard Trust Fund. This payment will increase the project cost by approximately $120.00 per unit. III. STAFF RECOMMENDATION: Continue the public hearing and direct the applicant to incorporate staff alternative into site plan and continue working with staff and Vista Del Montanas Homeowners' Association to resolve remaining issues. W. ATTACHMENTS: 1. Government Code Section 65915 2. Site Plans and Elevations 3. Letters From Adjacent Property Owners Prepared By �i Reviewed and Approv y /pa _ 3 - pursuant to any other provision of law. For the purposes of this section, "administrative entity" means a person or agency designated by the legislative body of the city, county, or city and county to oversee review of all permits or applications required by the local agency. (Added by Stats. 1980, Ch. 1152.) 65913.4. This chapter shall apply to all cities, including charter Finding cities, counties, and cities and counties. The Legislature finds and declares that the development of a sufficient supply of housing to meet the needs of all Californians is a matter of statewide concern. (Added by Stats. 1980, Ch. 1152.) Chapter 4.3. Density Bonuses And Other incentives 65915. When a developer of housing agrees to construct at least Housing development 25 percent of the total units of a housing development for persons for low%or moderate and families of low or moderate income, as defined by Section income 50093 of the Health and Safety Code, a city, county, or city and county shall enter into an agreement with the developer to either grant a density bonus or provide not less than two other bonus incentives for the project. For the purposes ,of this chapter, "density bonus" means a density increase of at least 25 percent over the otherwise allowable residential density under the applicable zoning ordinance. The density bonus shall not be included when determining the otherwise allowable density. The density bonus shall apply to housing develop- ments consisting of five or more dwelling units. Other bonus incentives which a city, county or city and county may agree to provide under this section include the following: (a) Exemption of the development from the require- ments of Section 66477 and any local ordinance adopted pursuant thereto. (b) Construction of public improvements appurtenant to the proposed housing development, which may v include, but shall not be limited to, streets, sewers and sidewalks. (c) Utilization of federal or state grant moneys or local revenues to provide the land on which the housing development will be constructed at a re- duced cost. (d) Exemption of the development from any provision of local ordinances which may cause an indirect increase in the cost of the housing units to be developed. Nothing in this section shall preclude a city, county, or city and county from taking any additional actions which will aid housing developers to construct housing developments with 25 percent or more of the total units of a housing development for persons and families of low or moderate income. The determination of the means by which a city, county, or city and county will comply with this chapter shall be in the sole discretion of the city, county, or city and county; provided, that no developer shall be required to enter into an unacceptable agreement as a prerequisite to 79 2; i approval of a housing development. (Added by Stats. 1979, Ch. 1207.) Further action if 65916. Where there is a direct financial contribution to a housing direct financial development pursuant to Section 65915 through participation in cost contribution of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city, county, or city and county shall assure continued availability for low- and moderate-income units for 30 years. When appropriate, the agreement provided for in Section 65915 _shall specify the mechanisms and procedures necessary to carry out this section. (Added by Stats. 1979, Ch. 1207.) Legislative intent 65917. In enacting this chapter it is the intent of the Legislature that the agreement offered by the city, county, or city and county pursuant to this chapter contribute significantly to the economic feasibility of low- and moderate-income housing in proposed housing developments. (Added by Stats. 1979, Ch. 1207.) Charter cities 65918. The provisions of this chapter' shall apply to charter cities. (Added by Stats. 1979, Ch. 1207.) Chapter 4.5. Review and Approval of Development Projects Article 1. General Provisions Applicability to public 65920. Notwithstanding any other provision of law, the provi- agencies sions of this chapter shall apply to all public agencies to the extent specified in this chapter. To the extent that the provisions of this chapter conflict with any other provision of law, the provisions of this chapter shall prevail. (Added by Stats. 1977, Ch. 1200.) Policy 65921. The Legislature finds and declares that there is a state- wide need to ensure clear understanding of the specific requirements which must be met in connection with the approval of development projects and to expedite decisions on such projects. Consequently, the provisions of this chapter shall be applicable to all public agencies, including charter cities. (Added by Stats. 1977, Ch. 1200.) Exemptions 65922. The provisions of this chapter shall not apply to the following: (a) Activities of the State Energy Resources Develop- ment and Conservation Commission established pur- suant to Division 15 (commencing with Section 25000) of the Public Resources Code. (b) Administrative appeals within a state or local agen- cy or to a state or local agency. (c) Approval or disapproval of a final subdivision map pursuant to the provisions of the Subdivision Map Act (commencing with Section 66410); provided however, that the approval or disapproval of a final K 80 i u p[YPT,Cp AN Of PiVEP51PE �OEVELCR.EHT PLAN �/ I'�r THE FALLS ,,,,P. ,�� - /� PE,�.�„4 54�T�. ,. P.E.,a. 0 L,( RUM WIN wal its r V .NOW boa t� � ,sty r � //� K-- I I����, ��y-11 [`�•i� [ �� —�I li 1 L 1 I LARGO 1 1 C 7 h L�..� , ` ' 1,_,._ -1 PHASE I PHASE 2 _ _ PHASE 3_ - _ THE RAQB OEVEIOMENT PLAN ay El Ell - El El Ej I EBI M F . WATERS " g- MAGNOLIA AVE. Rslor CALIF. :• r i }�Yn f � �tiV' �1 � Jet��' -3' -<Y'a'�� �t a'i� # '�..Lt � G r .. �u .,M� �� 9 r��r.� to �- ,Jt' .., k'1,F� .i -✓ I; ; ! iJ V( P`� y,,.�. 1� �/�1/%.S a ?r ,[ �. e�"`� �w�� 3.�„{_�, '^„il l� 1 ✓, n1+ 4 � tr � �� 1Nh /� J - i h -^+^m+a� TT{*RI - iw�4 1-101 , F'K V+gay t } � Y ) _ u �,,--^. I- I I F r t : 5 r +x-rt �rt.....mTM �..-T-7�•.ly r!r I I I t' �',N� ..-.7 .i+-:�rri ��rm i t S 'I �" t .✓ N I t TIT Jt I vnrtr^ i 1 �� "7i`i'7 Tyr M q �y1r � Iz � �1 " II � 1'YFi. kssat dL - D �. � .f. 1 Ufa �9 :w r r ,..L'+ � '•41 Tt h l� 4 41�/ � ' !11 ✓-�'tj�� �t1 i .+.`_ tie _ _ �A�.�I� � _ - h �,i a �Its, l f t l•%. r..Y h f.i �+!�. ,�L'��nlc�e,�=Z6 /��3, �`L' .✓�/L� :��c.� ,G�` ��e���,s,-�`�'� .c.e, Ct�2 -/[a.»�1. '�`� �, �,._,���4,?+�✓ yZ�-c,u -��c.�/rc_�G ,�'' ..7�.ti �-�f . 2 81983 E��n,CNMEN'f CESf-�i,C/ .LL4-fLLG.[�tb �LO� � F ? Al SE CIy T'y a✓�-tf.3 ; `/. '-LCat4y(� .�LL ,L��/iLLL�L.Y� ,1��ZC�,fi�fA�� ./��i-w,GLti-4�Gf/J�Z-G�'�/ —NU�.��_-t�-efc. L(�C�CLd.�j �.�C-2/ 1a,e�-v e� �ce�,�CR-u-�L >�✓ ��-�-i�ui�. �2�-�-�u� �G6�u�l� -��li Qi -�2'�ri�`'F'if�� p �y�'/ �7_l,.Pi `�az�-a�r2tt�„r n�i�/c�-u�iv�i yr�c/ 22/.�£�C-A GEx� .�'yl�,�G2C-�-✓—�� c�G� i I G�-� caM� intczri r5 at the Arbor 11r:,-L�7i t c/ cU LO LO N L 0 _ c LO ST 7 �--c_!�Qi_�e�o� ��c:--C-tJ L..t9-��-•�.c.�.Y'���- ��K:J ,17 Cad/n ce.LN i to V e foliti. GcrYL2Lc� , / O 2 Z l " P�� dot 1�h�7/i3GLvi�z/e Q//2t1-t�, _O�-*f---:�`•Q-i) "-pv`-,c�y iwL"ci/./�i�[--lC2p../�.P�i�72.fLc��c+.af-e�c/ C�i /f ti tk- ktl�,/-2� J — - -- a vA- a-t -r V.e C l,y lL Inewf OLL �- PYR �� - v I VA x r : �-t� K d - --^ � � _ VVO Wj_. gn,, d 1 In�s ►s-e Lo �,A CL., Q� Inn is e S �na�n� 1n�� �a,2� • �L I d __._ `C l�.z c1�2�a suM- w�-a � a�..c,�+ -}-► e s (Uri _ ------------- - - ------------ - - �_ e aLJA -- - -► -- =- --- - W - ---- = ----�,-CLLel-_ . _ _ -- ----- -�, thrAi 1 1_� -- , _ -- - -- owl ©_F .�M- '' ' CO" "ANY* December 23 , 1983 City of Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260 Re : Case Nos . TT 19847 and PP 22-83 Gentlemen: we believe that the proposed two story, "affordable" housing project referenced above is inconsistent with surrounding land uses , both existing and proposed. The area can probably be best described as a low density, resort area. The project wraps around two sides of an existing single family subdivision and is bordered on the north by The Lakes Country Club, currently under construction with nearly half of the homes sold. Sales prices of the condominium homes in The Lakes average well over $200 , 000 with full country club amenities and a density of only 3 homes to the acre . We understand that J. M. Peters Company has a development planned adjacent to the northwestern border of this project; its approved tentative tract map calls for 156 condominium homes on 34 acres for a density of approximately 4'k units per acre. Other projects in the area are also low density, ' resort developments such as Silver Sands Racquet Club, Palm Valley Country Club and the new Marriott Resort Hotel. The two story design is especially objectionable; no residential development we know of in the immediate area utilizes two story design. The surrounding residents ' views would be adversely affected, especially those resi- dences closest to the proposed project. The site plan shows several two story structures only about 20 feet from the property line and just a short distance away from homes at Sunrise Company' s The Lakes Country Club. In addition, two story design is not in keeping with the low profile architecture prevailing in the area. In short, the proposed project is not compatible with existing and proposed land uses and we hereby register our objection to the project. V_erX truly yours , , Jack M. Conlon President 75-005 Country Club Drive. Palm Desert, California 92260 • Telephone 619/ 568-2828 BUILDER OF AMERICA'S FINEST COUNTRY CLUB COMMUNITIES December 16, 1983 CITY OF PALM DESERT LEGAL NOTICE CASE NOS. TT 19847 AND PP 22-83 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by TAVAGLIONE CONSTRUCTION COMPANY for approval of a precise plan, tentative tract map and Negative Declaration of Environmental Impact to allow development of 352 two-story condominium units on 56.4 acres in the PR-5 zone (with a 25% affordable housing density bonus) generally located north of Hovley Lane, east of Cook Street, more particularly described as: A.P.N. 632-030-002 : The Lakes PR.-a - - Country Club .. tox"IIC v" orlrl i In You""^ "o"yl�s s.rtiire_ : . � i•N•N•NN••M.NNN•.MNN N• • J. 110 i 2 P.R.—B, SP i/,:Tyrh� ,f;,$. I P.R.-4 ,k (D.P. 19-70) b k i l AT VLEI lenE ,aL llf ••% Li`P Li'`' : ���1_ S.1.. S.ff S.I. et I t — COUNTr p[ nlv.aG10E • � ' COUNTY T RIvr FsloC • 1 SAID public hearing will be held on Tuesday, January 3, 1984 at 7:00 P.M., in the administration conference room at Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary City of Palm Desert, California PUBLISH: Desert Post December 23, 1983 /pa s City of Palm Desert Staff Report TO: Planning Commission DATE: January 3, 1984 CASE NOS: PP 27-83 and TT 19847 REQUEST: Approval of a precise plan, tentative tract map and a negative declaration of environmental impact to allow development of 352 condominium units on 56.4 acres in the PR-5 zone (with a 25% affordable housing density bonus generally located north of Hovley Lane, east of Cook Str eet. APPLICANT:TAVAGLIONE CONSTRUCTION COMPANY 900 Arlington Avenue Riverside, CA 92503 I. BACKGROUND: A. ADJACENT ZONING AND LAND USE: North: PR-4/Residential Condominiums South: S.I./Industrial Park East: R-1, 12,000/Vacant West: PR-5/Residential Condominiums B. GENERAL PLAN DESIGNATION: Low Density Residential, 3-5 d.u./acre. II. PROJECT DESCRIPTION: The proposed project involves the completion of what formerly was Tract 13407, Vista Del Montanas. The original developers experienced financial difficulties after the completion of Phase I and allowed the tentative tract maps on the remaining phases to lapse. Phase I was completed with 146 single family detached condominiums. The proposed project will use essentially the same circulation pattern as was delineated in the original tentative maps. The proposal departs from the original concept in regards to density and unit type. A. DENSITY: The base zoning of the property is PR-5 which permits five dwelling units per gross acre. Chapter 4.3 of the State Planning Law (California Government Code No. 65915) states that if a developer provides at least 25% of the units within a housing project affordable to low or moderate income households, the city shall grant a density increase of at least 25 percent over the density allowed by the zoning ordinance. If the city does not grant the increased density, then it must provide equivalent financial incentives. In this particular case, the developer is requesting the 25% bonus increasing the project density from 5 d.u./ac. to 6.25 d.u./ac. The additional seventy units must be affordable by households earning less than $30,120.00 per year. The actual terms by which the sale of these units will be controled will be the subject of an agreement between the city and the developer. The increased density will not result in significant negative traffic or aesthetic impacts. The type and design of the proposed units may change the appearance of the project. - 1 - CASE NOS. PP 27-83 AND TT 19847 JANUARY 3, 1984 B. DESIGN: In place of the 12 foot high, one-story conventionally sited single family detached unit originally planned; the applicant proposes twenty-four foot high two-story fourplexes with detached garages. While the existing units have minimal private open space, the proposed units would have 600 square foot private backyards between the unit and the garage. The units will either front or side onto the street. Short alleys will serve the rear garages on the front-facing units. The contemporary Spanish style architecture is compatible with the existing units. Although the PR zone allows two-story units up to thirty feet in height, it is important that there be a smooth transition between the existing one-story units and the new two-story units. This is especially true when the existing residents purchased into what they believed to be a uniform project. The two-story design does offer new residents an unusually large private yard without sacrificing common open space. It also complies to ordinance standards in regards to coverage, open space and parking. The Vista Del Montanas Homeowners' Association has reviewed the plan and strongly objects to many features of the proposal. Of special concern are the two-story units and the increased density. Sunrise Company has also reviewed the plans and has requested modification of the configuration of the units on the north side adjacent to The Lakes Country Club. C. STAFF ALTERNATIVE: Of the two major issues, density and design, the city only has discressionary control over the latter. The 25% density bonus or equivalent is mandated by state law. The extra 1.25 units will not result in significant observable impacts. The impact of the two-story design will be significant. While one cannot expect the applicant to continue building a product type which was partially responsible for the failure of the original project, the concerns of the existing residents must be addressed. Since the zone allows two-story units, it would be difficult to totally prohibit any two-story construction simply because the orignial developer chose a one-story design. The proposed two-story design is vital to the private yard concept, an unusual feature within a condominium project. The design alternative recommended by staff, would substitute one-story units along the streets which form the boundary between the existing and new phases (Via Domingo and Vista Corona). This would result in the existing residents fronting on units of similar design and height as their own. The buyers of the new one-story units would know in advance of the existence of the two-story units. Along the boundary with "The Lakes", the modules can be reoriented resulting in an 80' setback for the two story units.This alternative is similar to the ordinance design standards required for the boundaries between R-1 and multifamily districts. D. SECONDARY ISSUES: The applicant proposes that the new phases will constitute a distinct project with its own homeowners' association. This raises questions concerning how the two associations will interact. The new project will use the entrance and private streets presently maintained by the Vista Del Montanas Homeowners' Association. Recreation and open space will be maintained and regulated separately. The existing project has two 20' x 40' pools for 146 units (one pool/73 units). The applicant is proposing three 24' x 40' pools for 352 units. (1 pool per 117 units). Existing residents report these two pools are quite crowded during the summer months. To avoid the possible impact on the existing pools, staff recommends that the three pools be enlarged to a minimum of 50' in length. This will create a pool area equivalent to a fourth pool lowering the unit/pool ratio to 88. - 2 - � V CASE NOS. PP 27-83 AND TT 19847 JANUARY 3, 1984 SECONDARY ISSUES (CONTINUED): The old phase was without tennis facilities. The new project will have four courts. The applicant has proposed that the court could be available to existing residents on a second priority basis. E. ENVIRONMENTAL REVIEW: A negative declaration of environmental impact was filed on the original tract map. Since that time, one new significant impact has been identified. The project does involve the Fringe Toed Lizard habitat and will be subject to the mitigation formula developed for the Marriott project. That mitigation would be a payment of $42,000 to the Fringed Toed Lizard Trust Fund. This payment will increase the project cost by approximately $120.00 per unit. III. STAFF RECOMMENDATION: Continue the public hearing and direct the applicant to incorporate staff alternative into site plan and continue working with staff and Vista Del Montanas Homeowners' Association to resolve remaining issues. 4V. ATTACHMENTS: 1. Government Code Section 65915 2. Site Plans and Elevations 3. Letters From Adjacent Property Owners Prepared By:: Reviewed and Approved By /pa / - 3 - pursuant to any other provision of law. For the purposes of this section, "administrative entity" means a person or agency designated by the legislative body of the city, county, or city and county to oversee review of all permits or applications required by the local agency. (Added by Stats. 1980, Ch. 1152.) 65913.4. This chapter shall apply to all cities, including charter Finding cities, counties, and cities and counties. The Legislature finds and declares that the development of a sufficient supply of housing to meet the needs of all Californians is a matter of statewide concern. (Added by Stats. 1980, Ch. 1152.) Chapter 4.3. Density Bonuses And Other incentives 65915. When a developer of housing agrees to construct at least Housing development 25 percent of the total units of a housing development for persons for low) or moderate and families of low or moderate income, as defined by Section income 50093 of the Health and Safety Code, a city, county, or city and county shall enter into an agreement with the developer to either grant a density bonus or provide not less than two other bonus incentives for the project. For the purposes of this chapter, "density bonus" means a density increase of at least 25 percent over the otherwise allowable residential density under the applicable zoning ordinance. The density bonus shall not be included when determining the otherwise allowable density. The density bonus shall apply to housing.develop- ments consisting of five or more dwelling units. Other bonus incentives which a city, county or city and county may agree to provide under this section include the following: (a) Exemption of the development from the require- ments of Section 66477 and any local ordinance adopted pursuant thereto. (b) Construction of public improvements appurtenant to the proposed housing development, which may v include, but shall not be limited to, streets, sewers and sidewalks. (c) Utilization of federal or state grant moneys or local revenues to provide the land on which the housing development will be constructed at a re- duced cost. (d) Exemption of the development from any provision of local ordinances which may cause an indirect increase in the cost of the housing units to be developed. Nothing in this section shall preclude a city, county, or city and county from taking any additional actions which will aid housing developers to construct housing developments with 25 percent or more of the total units of a housing development for persons and families of low or moderate income. The determination of the means by which a city, county, or city and county will comply with this chapter shall be in the sole discretion of the city, county, or city and county; provided, that no developer shall be required to enter into an unacceptable agreement as a prerequisite to 79 L approval of a housing development. (Added by Stats. 1979, Ch. 1207.) Further action if 65916. Where there is a direct financial contribution to a housing direct financial development pursuant to Section 65915 through participation in cost contribution of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city, county, or city and county shall assure continued availability for low- and moderate-income units for 30 years. When appropriate, the agreement provided for in Section 65915 .shall specify the mechanisms and procedures necessary to carry out this section. (Added by Stats. 1979, Ch. 1207.) Legislative intent 65917. In enacting this chapter it is the intent of the Legislature that the agreement offered by the city, county, or city and county pursuant to this chapter contribute significantly to the economic feasibility of low- and moderate-income housing in proposed housing developments. (Added by Stats. 1979, Ch. 1207.) Charter cities 65918. The provisions of this chapter' shall apply to charter cities. (Added by Stats. 1979, Ch. 1207.) Chapter 4.5. Review and Approval of Development Projects Article 1. General Provisions Applicability to public 65920. Notwithstanding any other provision of law, the provi- agencies sions of this chapter shall apply to all public agencies to the extent specified in this chapter. To the extent that the provisions of this chapter conflict with any other provision of law, the provisions of this chapter shall prevail. (Added by Stats. 1977, Ch. 1200.) Policy 65921. The Legislature finds and declares that there is a state- wide need to ensure clear understanding of the specific requirements which must be met in connection with the approval of development projects and to expedite decisions on such projects. Consequently, the provisions of this chapter shall be applicable to all public agencies, including charter cities. (Added by Stats. 1977, Ch. 1200.) Exemptions 65922. The provisions of this chapter shall not apply to the following: (a) Activities of the State Energy Resources Develop- ment and Conservation Commission established pur- suant to Division 15 (commencing with Section 25000) of the Public Resources Code. (b) Administrative appeals within a state or local agen- cy or to a state or local agency. (c) Approval or disapproval of a final subdivision map pursuant to the provisions of the Subdivision Map Act (commencing with Section 66410); provided however, that the approval or disapproval of a final 80 a .. MAN i aoEt�LowcxT ttAx THE FALLS l/I' PE�xG 1 tpelfw M SaRNrtTt W[f YGlgx 10.SaS,Pi[.SLN /�/%r . r...r.. ♦. oa<[.efP ise, in.l ur.an r rraa¢.n,.r,cow. 0 j 0 *ws mow I � I r n ` l V ti fhb; ' . I I t _. ••. _. LARD �r�11�d . 1i.. P.P NO -I P THE EAR HASE 2 PHASE 3 PHASE I DEVELOPMENT PLAN L I I II 1 1 00 ;e cl r 8El El _ 0 p I i d - 8 r I U) -T R .R F . WAT E R S .uvaeo o�uwx. 7101 MAGNOLIA AVE. RIVERSIDE CA' - eea-vaaa I III Fl fp 1 Nsf �'.J ♦' �� � -v {i� Ji �G r { b�{ ; ) �Y ri k;� v{ - �� sr 41. tyL�` '.ill II„�li4r r!E Y r a-t � � �r�(',i.. l,y � � „ -7 -r it 3Lx� 'vy �1 OT - t•; �� t*,' � f 1, 't"" A �: ) - r•'� i� 'i s. ' '� t � I s� » 1 1•J" J'�.`_fb r t SL � �kr � J. _ Y,1 "Y:_,,. 71 h^I .✓II w v )Y.v, `i� �IO 1 ICl/ 1 y `.J _d'r' a.T.: !r .r CZ eel Ire_ a v7z--yu IX4, C2 3 1983 ENV'RON&ILWAL SER CES YA,/' 'ce, ciX 'a��G�E^`2 .e%�'�-�LB'Y.ru.0/ oo�Z¢Gi / ,�7tit�-E.z-.Tid�'.!'� .C�E�r��iL ���-!L°'G.'u' /- �OI'I / /`b'/�.--�-�vp��+.Fi1 �2t�sfii2lliLG ✓�ry�>1/,��J..cC•YL�i �,.L t{� �1-�-��-G�C-!x' .�ic' �.,GL2y'��� L'L� i (V�—tel 41, � AF �ntG%il )r� at the Arbor 19 N LO LO 1-E:.�-+�.�`—i-L,✓tA/ Gy✓D L/�l�--Zs� ��-�-C� CD m o U U U > x m �.a ST u a ^ell - �LLa�-,2�- `.-N--��vw���...-��.7�•�-.•�� c�-� _.�,.7�.L..Ec.c:Cv C�iZ� J ��ti Oa�e(�J��nuJ��2�- •�.t. �1.2 ,u�suG� � a.'�7""- ti� Coxce,iN c�� Le ,pro" G 6—i?2— Gtcc�cu//z 0 o Are ��� �uc.� 0- - 12 tA/Z p 1_,4eL—Z 46' G�zl cC cN_. a�7�yGQ¢�a2� VV i�L ,C�c✓✓h���'c�c�,�a� s�-eft � �d-rn�'�e�e, Ci°a�v� .� �u�— 1 �,t�yY��v-u, ����1 d�c� �'•�E «-��c�2.�c� Gs'�r��z�rn� lt�—� /�% - .. Lo --- - - , � Ceps�� s ,•; ;D�� --- _------ its "ej ------ -- _a - -- —al—� L D - ----- - ---- ----- -- - - C-111A J .. ........ ---- - ----- V%ACt-� CL Lo I —.7-.ly- —:Evl I us I co,J LAI 4n Oe I r December 23, 1983 CIO City of Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260 Re : Case Nos. IT 19847 and PP 22-83 Gentlemen: We believe that the proposed two story, "affordable" housing project referenced above is inconsistent with surrounding land uses , both existing and proposed. The area can probably be best described as a low density, resort area. The project wraps around two sides of an existing single family subdivision and is bordered on the north by The Lakes Country Club, currently under construction with nearly half of the homes sold. Sales prices of the condominium homes in The Lakes average well over $200 , 000 with full country club amenities and a density of only 3 homes to the acre . We understand that J. M. Peters Company has a development planned adjacent to the northwestern border of this project; its approved tentative tract map calls for 156 condominium homes on 34 acres for a density of approximately 4'h units per acre. Other projects in the area are also low density, resort developments such as Silver Sands Racquet Club, Palm Valley Country Club and the new Marriott Resort Hotel. The two story design is especially objectionable; no residential development we know of in the immediate area utilizes two story design. The surrounding residents ' views would be adversely affected, especially those resi- dences closest to the proposed project. The site plan shows several two story structures only about 20 feet from the property line and just a short distance away from homes at Sunrise Company' s The Lakes Country Club. In addition, two story design is not in keeping with the low profile architecture prevailing in the area. In short, the proposed project is not compatible with existing and proposed land uses and we hereby register our objection to the project. V ery truly yours , Jack M. Conlon President 75-005 Country Club Drive, Palm Desert, California 92260 • Telephone 619/ 568-2828 BUILDER OF AMERICA 5 FINEST COUNTRY CLUB COMMUNITIES December 16, 1983 CITY OF PALM DESERT LEGAL NOTICE CASE NOS. TT 19847 AND PP 22-83 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by TAVAGLIONE CONSTRUCTION COMPANY for approval of a precise plan, tentative tract map and Negative Declaration of Environmental Impact to allow development of 352 two-story condominium units on 56.4 :acres in the PR-5 zone (with a 25% affordable housing density bonus) generally located north of Hovley Lane, east of Cook Street, more particularly described as: A.P.N. 632-030-002 .. i � The Lakes 0 RR.-° Country Club '� = F rOLrlri 1r1,{t a k I IUrI II[ S,111.I.i P.R.—q S.P. P.R.-4 (D.P. L-70) ' (aie S[TE_ Nov.El ME b� L% \ N•A_J� r*r� S.I. S. • S.I. .P. �'(v�r��,;'.. lE - ••'•[ COVNL `VEIS]DE L�.' I SAID public hearing will be held on Tuesday, January 3, 1984 at 7:00 P.M., in the administration conference room at Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary City of Palm Desert, California PUBLISH: Desert Post December 23, 1983 �Qa n � ''• CASE NO. r6 r ENVIRON!IEYi TAL SERVICES DEPT. INITIAL STUDY ENVIRONX- ENTAL EVALUATION CHECKLIST NOTE: The availability of data necessary to address the topics listed below shall form the basis of a decision as to whether the application is considered complete for purposes of environmental assessment. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers, possible mitigation measures and comments are provided on attached sheets) . Yes Maybe No 1 . Earth. Will the proposal result in: a. Unstable earth conditions or in changes in ✓ geologic substructures? — ` — b. Disruptions, displacements , compaction, or ✓ overcovering of the soil? — — — c. Change in topography or ground surface relief features? ✓ d. The destruction, covering,, or modification of any unique geologic or physical features? _ _✓ e. Any increase in wind or water erosion of soils, either on or off the site? 2. Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture, or o temperature, or any change in climate, either locally or regionally? 0 2. Yes Maybe No 3. Water. Will the proposal result in: a_ Changes. in currents , 'or the course or 1 direction of water movements? b. Changes in-absorpt7bn rates, drainage patterns, or the rate and- amount of surface water runoff? c. Alterations to the course or flow of flood waters? Loll d. Alteration of-the direction or rate of flow of ground waters? — e. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? f. Reduction in the amount of water other- wise available for public water supplies? — — 4. Plant Life. Will the proposal result in: a. Change in the diversity of species , or numbers of any species of plants (including trees , shrubs , grass , and crops )? b. Reduction of the numbers of any unique, rare, or endangered species of plants? - ,, c. Introduction of new species of plants into an area , or in a barrier to the normal — replenishment of existing species? ✓ S. Animal. Life. Will the proposal result in: a. Changes in the diversity of species, or numbers of any species of animals (birds , land animals including reptiles , or insects)? ✓ b. Reduction of the numbers of any unique, rare, or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing wildlife habitat? V 1�' 4. Yes Maybe No 14. Emolo ent. Will the proposal result in additiona new long-term jobs provided, or a change in the number and per cent employed, unemployed, and underemployed? 15. Housing. Will the proposal result in: a. Change in number and per cent of housing units by type (price or rent range, zoning category, owner-occupied and rental , etc. ) relative to demand or to number of families in various income classes in the City? _ _ ✓ b. Impacts on existing housing or creation of a demand for additional housing? 16. Transportation/Circulation. Will the proposal / result in: a. Generation of additional vehicular movement? b. Effects on existing parking facilities, or ' demand for new parking? c. Impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? ✓ e. Increase in traffic hazards to motor vehicles, bicyclists , or pedestrians? 17. Public Services. Will the proposal have an effect upon , or result in a need for, new or altered governmental services in any of the following areAs: a. Fire protection? li b. Police protection? c. Schools? d. Parks or other recreational facilities? _ r/ e. Maintenance of public facilities , including roads? v f. Other governmental services? 5. Yes Maybe No 18. Public Fiscal Balance. Will the proposal result in a net change in government fiscal flow (revenues less operating expenditures and annualized capital expenditures)? 19. Utilities. Will the proposal result in a need for new systems, or alterations to the following utilities: a. Power or natural gas? b Communications system? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 20. Human Health. Will the proposal result in: a. The creation of any health hazard or - Potential health hazard? b. A change in the level of community health care provided? ✓ 21. Social Services. Will the proposal result in an increased denand for provision of general social services? ✓ 22. Aesthetics . Will the proposal result in: a. Obstruction of any scenic vista or view open to the public? b. The creation of an aesthetically offensive site open to public view? - j c. Lessening of the overall neighborhood ✓ (or area ) attractiveness, pleasantness, and uniqueness? ✓ 23. Liyht and Glare. Will the proposal produce new light or glare? 24. Archeolooical/Historical . Will the resu tin an a teration of a significanposal I archeological or historical site, structure, object, or building? _ — 6. Yes Maybe No 25. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment or to curtail the diversity in the environment? ✓ b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future. ) _ �^ c. Does the project have impacts which are indi- vidually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant. ) d. Does the project have environmental effects which will cause substantial adverse effects on human beings , either directly or indirectly? _ _ ✓ Initial Study Prepared By: ENVIRONMENTAL ASSESSMENT CHECKLIST EXPLANATION OF MAYBE RESPONSES CASE NOS. TT 19847 and PP 27-83 5.b ANIMAL LIFE: Development of the site will destroy the blow sand habitat of the "Threatened" fringed-toad lizard. As a mitigation measure, the developer will contribute $42,000 to the Fringed- Toad Lizard Fund for the purpose of purchasing and preserving critical habitat north of Interstate 10. �.J I Phil p INTEROFFICE MEMORANDUM City of Palm Desert TO: DIRECTOR OF ENVIRONMENTAL SERVICES FROM: DIRECTOR OF PUBLIC WORKS SUBJECT: TT 19847, PP 27-83 DATE: January 3, 1984 J A N - 6 1984 ENVIRONMENTAL SERVICES The following should be considered asccon°diti ons°oaTpproval : Drainage and signalization fund fees, as required by. City ordinance, shall be paid prior to recordation of the final map. Drainage facilities shall be provided per Ordinance No. 218 and the Master Drainage Plan to the specifications of the Director of Public Works. Full public improvements, including traffic safety lighting as required by ordinance and the Director of Public Works, shall be installed in accordance with City Standards. Improvement plans for water and sewer systems shall be approved by the respec-, tive service districts. Complete improvement plans and specifications shall be submitted as required by ordinance to the City Engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the subdivision improvements by the City. All private streets shall be inspected by the engineering department. and a stand- ard inspection fee shall be paid. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. Landscaping maintenance on Hovely Lane shall be provided by the homeowners assoc- iation. Traffic safety striping on Hovely Lane shall be provided to the specifications of the Director of Public Works. A traffic control plan must be submitted to and ap- proved by the Director of Public Works before placing pavement markings. Complete grading plans shall be submitted to the Department of Public Works for review and approval prior to issuance of any permits. (Soils report to be in- cluded in submittal ) . e7rycclellan, P.E. �L I Southern California Edison Company SCE 36-100 CATHEDRAL CANYON DRIVE CATHEDRAL CITY, CALIFORNIA 92234 December 20, 1983 To : City of Palm Desert Subject: P.P. 27-83, Tr 19847, The Falls (Project Name) Environmental Impact Report Gentlemen: This is to advise that the subject property is located within the service territory of the Southern California Edison Company and that the electric loads of the project are within parameters of projected load growth which Edison is planning to meet in this area. Unless the demand for electrical generating capacity exceeds our estimates , and provided that there are no unexpected outages to major sources of electrical supply, we expect to meet our electri- cal requirements for the next several years. Our total system demand is expected to continue to increase annually; however , excluding any unforeseen problems, our plans for new generation resources indicate that our ability to serve all customer loads during peak demand periods will be adequate during the decade of the 80 ' s . Current conservation efforts on the part of Edison's customers has resulted in energy savings . Optimization of conservation measures in this project will contribute to the overall energy savings goal . Very truly yours, "IX /(y'�/`�rv�v� F '.�. E I V E® Glenn Buchanan Customer Service Planner DEC Z41W. A IN rGB/dab NG DEPARTMENT r PALM DESERT. A 1 tl _ SOUTHERN CALIFORNIA 9qS COMPANY 3700 CENTRAL AVENUE • RIVERSIDE, CALIFORNIA R. W. RIDDELL 41 _ Eastern Division Mailing Address: P.O. 00X 2200, RIVERSIDE, CALIFORNIA 92616 Distribution Planning Supervisor 7,C, 9 'yT iecember 28, 1983 1983 Nearest Location of Gas Main: GT Eny0 MFNrAL In Via Cinta, Via Largo and Via Corona OF PALM p E[?V IC S City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 ATTENTION: Ramon A. Diaz RE: Case No. P.P. 27-83, TT 19847 This letter is not to be interpreted as a contractual commitment to serve the proposed project; but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas service to the project could be pro- vided from an existing main without any significant impact on the environment. The service would be in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time con- tractual arrangements are made. The availability of natural gas service, as set forth in this letter, is based upon present conditions of gas supply and regulatory policies. As a public utility, the Southern California .Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies. Should these agencies take any action which affects gas supply or the condition under which service is available, gas ser- vice will be provided in accordance with revised conditions. We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further information on any of our energy conservation programs, please contact our Area Market Services Manager, P.O. Box 6226, San Bernardino, CA 92417, phone (714) 884-9411 . R. W. Riddell Distribution Planning Supervisor RWR:mac ur.. RIVERSIDE COUNTY CA FIRE DEPARTMENT e IN COOPERATION WITH THE C UNTY CALIFORNIA DEPARTMENT OF FORESTRYor ,mow RIVERS/DE,r•r,.nb DAVID L.FLAKE NENr Of f�� FIRE CHIEFt�, 210 WESTSAN JACINTO AVENUE Deoe, lbE ( ,Iaj 2370 TELEPHONE FORNIA93183 Ramon A. Diaz il•�t�� RANCHO MIRAGE FIRE STATION City of Palm Desert, Dr G 2 1 1983 70.800 HIGHWAY 111 73-510 Fred Waring Drive ENVIRCNp ENTAL SCHvICEs RANCHO MIRAGE, CA 92270 Palm Desert, CA 92260 C17y OF PALM DESERT Reference: Case No. TT 19847, PP 27-83, Applicant - Tavaglione Dear Mr. Diaz, The following fire protection requirements are in accordance with the Uniform Fire Code and Life Safety Code standards . 1 . Install a water system capable of delivering 2500 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. Fire flow requirements will depend on built-in fire protection provisions of buildings . 2. Install Riverside County super fire hydrants located at each intersection : a. but not greater than 400 feet apart in any direction. b. so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. c. exterior surface of hydrant barrel's and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. d. curbs shall be painted red 15 feet in either direction from each hydrant. e. hydrants shall not be located closer than 25 feet to any building. 3. 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. 4. Prior to issuance of a building permit, the developer shall furnish the original and three copies .of the water system plan to the Fire Marshal for review. Upon approval , one copy will be sent to the'Building Department, and the original will be returned to the developer. 5. 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 TT 19847, PP 27-83, is in accordance with the requirements prescribed by the Fire Marshal ." 1 . I Ramon A. Diaz 12/19/83 TT 19847, PP 27-83 Page 2. 6. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 7. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval . Very truly yours, DAVID L. FLAKE Fire Chief By, ERIC L. VOGT Fire Marshal dpm cc: Jim Zimmerman CVWD SOUTHERN CALIFORNIA COMPANY 3700 CENTRAL AVENUE RIVERSIDE, CALIFORNIA R. W. RIDDELL Eastern Division Mailing Address: P.O. BOX 2200, RIVERSIDE. CALIFORNIA 92515 Distribution Planning Supervisor December 28, 1983 Nearest Location of Gas Main : In Via Cinta, Via Largo and Via Corona City of Palm Desert y� 45-275 Prickly Pear Lane ° 2(vit3 Palm Desert, CA 92260 c=� ATTENTION: Ramon A. Diaz 1,(32 91983 RE: Case No. P.P. 27-83, TT 19847 ENVIRONMENTAL 4 SERVICES This letter is not to be interpreted as a contractual commitment to serve proposed project; but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas service to the project could be pro- vided from an existing main without any significant impact on the environment. The service would be in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time con- tractual arrangements are made. The availability of natural gas service, as set forth in this letter, is based upon present conditions of gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of , federal regulatory agencies. Should these agencies take any action which affects gas supply or the condition under which service is available, gas ser- vice will be provided in accordance with revised conditions. We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further information on any of our energy conservation programs , please contact our Area Market Services Manager, P.O. Box 6226, San Bernardino, CA 92417, phone (714) 884-9411 . R. W. Riddell Distribution P anning Supervisor RWR:mac VITA- RESH Vitamin Co, Inc. 73660RANGEWOOD AVENUE,GARDEN GROVE, CA 92641 P.O. BOX 3185,GARDEN GROVE,CA 92642•(714) 898-9936 January 2, 1983 JAN 1cc019a4 ENC'(-Y ES OF PALM DESERT City of Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Case Nos. TT 19847 & PP 22-33 Gentlemen: I would like to object to this two story housing project. My home is on Running Spring Drive which is on the border of this planned development. If this two story project is allowed to proceed with their current plans, I will lose the complete view of the mountains in the front of my home. All the other planned developments in this area are low density and single story and I believe that this new proposed project is not compatible with existing and proposed land uses. I , hereby, register my objection to this project. Ace, rely, . artin Chairman of the Board CHICAGO OFFICE 333 NO. MICHIGAN AVE.,SUITE 1500-CHICAGO, IL 60611 (312) 782-1119 3 i (�J l7/Lc d /L Ga �G� i��J Qi C � ���5'dCAcas-,h `COMPANY•••-- December 23, 1983 ENVUWINMENt„t , C11Y ur PALM City of Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Case Nos. TT 19847 and PP 22-83 Gentlemen: We believe that the proposed two story, "affordable" housing project referenced above is inconsistent with surrounding land uses, both existing and proposed. The area can probably be best described as a low density, resort area. The project wraps around two sides of an existing single family subdivision and is bordered on the north by The Lakes Country Club, currently under construction with nearly half of the homes sold. Sales prices of the condominium homes in The Lakes average well over $200 ,000 with full country club amenities and a density of only 3 homes to the acre. We understand that J. M. Peters Company has a development planned adjacent to the northwestern border of this project; its approved tentative tract map calls for 156 condominium homes on 34 acres for a density of approximately 4i units per acre. Other projects in the area are also low density, resort developments such as Silver Sands Racquet Club, Palm Valley Country Club and the new Marriott Resort Hotel. The two story design is especially objectionable; no residential development we know of in the immediate area utilizes two story design. The surrounding residents ' views would be adversely affected, especially those resi- dences closest to the proposed project. The site plan shows several two story structures only about 20 feet from the property line and just a short distance away from homes at Sunrise Company' s The Lakes Country Club. In addition, two story design is not in keeping with the low profile architecture prevailing in the area. In short, the proposed project is not compatible with existing and proposed land uses and we hereby register our objection to the project. V r truly yours, Jack M. Conlon President 75-005 Country Club Drive, Palm Desert, California 92260 •Telephone 619/568-2828 , BUILDER OF AMERICA'S FINEST COUNTRY CLUB COMMUNITIES i Benefici`_ Income Tax Service o0alifornia, Inc. 3230 E. Imperial Highway Suite 203 Roy B. Gerber Brea, CA 92621 Tax Supervisor 714/996-7990 M°315alC�IIWItD JAN - 4 1984 December 29 , 1983 ENVIRONMENTAL SERVICES CITY OF PALM DESERT, Atten: Planning Commission of Palm Desert We do not want any two story units on or near our property at Vista Del Montanas. In addition to that it was my understanding that five per acre was the maximum allowed. Ser ' 1 cc n , Roy B. Ge ber fZ 2�o cc: Elaine Kaplan President of Association S'hftoe7— ^0TicF �€7TdnC u/GC /?f�a.c`.+"�C�•r/ :�G �ra/Nl% S: F 6�E�77PK or,•-htYc 7s=3so � O a 7S36u 3 — oa-n-�•t- 7-Nsr�I�¢s oia 4sr bps �- VIA Do.air 6C> ()vc11OP'A'4, — 7v,-z Der/T co'zoNa -rjeV,¢lso �G 71f- SAsr r- /4-s o Beneficial' Affiliated companies with offices throughout the United States,Canada,Australia,Ireland,Japan,New Zealand,the United Kingdom A West Germany 1340ieficial Income Tax SeWice of California, Inc. 3230 E. Imperial Highway Suite 203 Roy B. Gerber Brea, CA 92621 Tax Supervisor 714/996-7990 JFtiN�9 84 December 29 , 1983 ENVIRONMENTAL OF,EPA M DESERT SERVICES C Atten: Planning Commission of Palm Desert We do not want any two story units on or near our property at Vista Del Montanas . In addition to that it was my understanding that five. per acre was the maximum allowed. Seriously concerned, � E- Ov-.�-t72-- cc: Elaine Kaplan President of Association a Beneficial Affiliated companies wnn offices mrougnom the united states.Canada.Ausvai a.Ireland Jaoan.New Zewana,me united Kingdom 8 West Germany g Boeficial Income Tax Swice of California, Inc. \� 3230 E. Imperial Highway Suite 203 Roy B. Gerber Brea, CA 92621 Tax Supervisor _. 114/996,1990 �4��al v `AN- k 1984 — EYCITY VlR 1Y p TAL SERVICES December 29 , 1983 PALM DESERT Atten: Planning Commission of Palm Desert We do not want any two story units on or near our property at Vista Del Montanas. in addition to that it was my understanding that five per acre was the maximum allowed. Seriously concerned, , DU-ti�z 7� z2�✓i s'r�1-co�o.l-� 14-141-r bes&vYtr--G�4— cc : Elaine Kaplan _.. President of Association o Beneficial Atlilialed comaand,arnn .1iaee Inrougnoul In.Uneed Slates,Canada,Australia.Ireiana.Jaoar\New Zealand,Ine United Kingoord&'Nest Germany !� (l3owermaster-Tastiaty &�ssoci&s gnsarance' en y, 9no. January 4, 1984 JAN - 9 1984 ENVIRONMENTAL SERVICES City of Palm Desert CITY OF PALM DESERT Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Case Nos. IT 19847 and PP 22-83 Gentlemen: I've just received notification to the effect that the Planning Commission is considering the above cases. As a resident of The Lakes Country Club, I am very much concerned about the proposed density and structure of the buildings. As a homeowner who enjoys the area of Palm Desert, I was certainly not anticipating having to be blocked by 2-story buildings from the view we enjoy so much. I wish to register my strong objection for the consideration of 2-story design in the particular area involved. We have purchased in this particular area because of the beauty of the mountains which are currently accessible, and certainly would not desire that our view of the mountains be blocked. Your consideration of our objection will be greatly appreciated. Very truly yours, W,<1 A W. F. Bowermaster 184 Running Springs Drive Lakes Country Club WFB:am 10631 Paramot lvd. Downey,California 90241° (213)923-963' 14)522-4700 9767 Babbitt Avenue Northridge, California 91325 / PRUT MIV IR D December 30, 1983 !AN - 51984� E%VIRQNMENTAL SERVICES CITY OF PALM DESERT City of Palm Desert Planning Commission 73�510 Fred Waring Drive Palm Desert, CAlifornia 92260 Re: Case Numbers TT 19847 and PP 22-83 Gentlemen: I just learned about a proposed two story housing project involving the referenced case numbers. As a homeowner, in the rather expensive, well designed Lakes Country Club, I am both surprised and concerned. our family has made a significant home investment to enjoy the natural beauty and quality of life offered in the Palm Desert area. I believe The Lakes Country Club is a quality development consistent with that of several other developments and hotels in the area either currently in place or under construction. Based on what I have seen, I strongly believe the proposed two story project will detract from the scenic beauty of this immediate area. My home, which is at 268 Running Springs Drive, would look towards a two story structure vs. the beauty of the mountains which was a large attraction to us when we made our recent purchase. I am also concerned that in addition to obstructing the natural beauty, if this project is undertaken it may detract from the value of my investment. I understand there is a public hearing before the Palm Desert Planning Commission on January 3, 1984. Unfortunately, I cannot attend this meeting. However, I hope that this letter clearly expresses my strong objection, and, I know I speak for several other neighbors on my street. Sincerely, Bruce Kanter BK/mm Bveficial Income Tax Se ice of California, Inc. 3230 E. Imperial Highway Suite 203 Roy B. Gerber i.l1TcyIIV D Brea. CA 9 2621 Tax Supervisor lU 714/996-7997990 ENVIRONMENTAL SERVICES `.. CITY OF PALM DESERT. December 29 , 1983 Atten: Planning Commission of Palm Desert We do not want any two story units on or near our property at Vista Del Montanas. In addition to that it was my understanding that five per acre was the maximum `allowed. Seriously concerned, OG� a 7S 3S0 UNl Bois„�Go yaz� cc : Elaine Kaplan President of Association o Beneficial Affiliated companies will, offices througnoul the United States,Canada.Ausiraloa.Ireland.Japan, New Zealand,me United Kingdom 8 west Germain JAN - 4 1954 �5IO � � NMENTAL SERVICES CITY DP PALM DESERT tz 6z dMk JOHN AND MARILYN ST 'LER` o 166 LOST. RIVER DR PALM ' DESERT CA 92260 02AM • • 4-0101315002 01/02/84 ICS IPMRNCZ CSP LSAB 6193400757 MGM TORN PALM DESERT CA 19 01-02 02SOP EST CITY OF PALM DESERT PLANNING COMMISSION 73-SIO FRED WARING DR PALM DESERT CA 92260 (� JA�l�_ 4 1984 ENV/ROIyMENP AL Clry OF PALM �F EV fS REGARDING CASE #TT19847 AND PP22.83 AS RESIDENTS OF THE LAKES COUNTRY CLUB WE BELIEVE THE PROPOSED PROJECT IS NOT COMPATIBLE WITH EXISTING .LAND USE AND WE HEREBY REGISTER OUR OBJECTION TO THE PROJECT. JOHN AND MARILYN STAMPLER 166 .LOST RIVER DR PALM DESERT CA 92260 14 :51 EST MGMCOMP N r 2 a N TO REPLY BY MAILGRAM MESSAGE, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL- FREE PHONE NUMBERS t r . ten. .r TO'FtEPLV BY,MAILGRANIVESSAGf:, PHONE WESTERN UNION'ANV"ME, DAY OR NIGHT: 1 i IT FOR YOUR. LOCAL NUMBER, SEE THE WliffE-A� G,ES' OF YOUR LOCAL TELEPHONE DIRECTORY OR DIAL ITOLL-FREE) 800-257.2241 OR DIAL WESTERN UNIONS COMPUTER DIRECTLY: FROM TELEX 1 . .. . . . . . . ... . . 6161 FROM TELEX 11 (TWXV) . . . . . . . .. 910-420-1212 3-0 WaclgBlrp JAN - 4 1984 u� n ENVIRONMENTAL SERVICES C[71G OF. PALM DESERT TT lc & 7 l a-�-� r cx 44� ti G��- 1 - � age 73 - i o � iL�c� c2z J AN - 9 �98 OG��y✓(/ /✓� , C d�% �. l NVIRONMENTAE SERVICES CITY DF PALM, DESERT f Cam" 1,7 .— OEC 2 s 1983 yi ¢ ENVIRONMENTAL SE Cf TY F,pq� CES G �/s 3 . l� c� Yiiasi.7T i1��7 r � p 6 1 `�Ju 'k�.�y Gam.. CLr ,G���.�y,� •�z�e� d,>� L�,� \uC"K:K PLBUSHERS. 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SW//4 SEC /O, T.SS.,R.6 E. i s y - i A + . 3 eel ss • � 11 I ISSESSOgS N.W JW$19P&04 d[I VW A",4Fgs AE COUNTY, "4/F 619-050-022 P 14 : :�, 1MCEE NWA1g OWNEa NAME v�D f f fAtE AAO LAND•� AD al i S AMa P6 SMJS 1.4 02 pl NO LAND USE MDO. $0.n. a DA ow TAXOF VMS noun IATHS to Am niiA AMA CON UOAC OEECRIttON Csats COT SRE awroa n OLT rate WE s 19,000E S�+� r�AW� 619- 50-022 SWINGIE BOXLEUNHAROTI DIO AGRICULTURE 1116,437L 5-024 M P O BOX 266 INDIO CA 922a1 ------ 30.83 ACRES MIL IN FOR PAR 2 PM 062/076 30,83AC $18,2001 _______________________________________ _______________ ___________ ___________ ___________ 619-055-0044 DIBBLE303AALHAMBRALDR PALM SPRINGS CA 92262 AGRICULTURE f1,706L _-_-_-_- 7 22 2.57 ACRES M/L IN POR PAR 2 PM 662/076 P 2.57AC " M 12060 S19,000L —-------------- ------------------------------------------------'---COMM-------- --------------- ----------- ----------- -- --- 619 0o50-025 84 LUMBER CO COMM-VACANT 5125 OQO f180 000L 75-024 p F 0 ABOXCRES 8484,EIGHTY FOUR, PA 15330 11/ 1 �40 ACRES NET IN PAR 1 PM 098/052 PM 17 2.40AC 220151 1119,000L —---------------------------------------------------------------------- ------- --------------- ------ ---------- 619160-001 BONE WILLIAM VACANT f47 500 f1612,6201 8-062 9 41500 MONTEREY AVE PALM DESERT, CA 92260 R112M 11�/79 77.50 ACRES M/L IN P6R NW 1/4 OF SEC 10 77.50AC 257443 T5R6E FOP TOTAL DESCRIPTION SEE ASSESS f19,000L ORS MAPS —_____________ _____________________________________________ _______________ ___________ ___________ 619-18-0622 BONE WILLIAM VACANT S47 500 f644,007L 18-062 3 41500 ACRES IN AVE PAIN DESERT, CA 92260 R112M 1I/19 38.66 ACRES IN EFORSC NO ION OF SEC 10 TSS 38.66AC 257441 19,000E MAPSFOR TOTAL DESCRIPTION SEE ASSESSORS ---------------------------- ----------- ----- ----=------ ------- 61 :--- 619-060-003 BONE WILLIAM VACANT $47 54Q f665 05 18-062 k 41500 MONTEREY AVE PALM DESERT, CA 92260 R1:1.2M 1 / v 79,000E R6 0FORCTOTALRES NDESCRIPTION SEE SASSESEC SORS 40.00AC 25 439 MAPS —____.---------___---_---------------------------------------------------------- ----------- ----------- -------- h19-p6i 094 BONE WILLIAM tACANT f47 50Q S2618,686L $19,000, i8-U6 N 41500 MONTEREY AVE PALM DESERT CA 92260 R11.2M 11/7 157.33 ACRES M/L IN GOR NE 1/4 OF SEC 10 157.33AC 257445 TSS R6E/ FOR TOTAL DESCRIPTION SEE ASSESSORS MAPS ___--- ----------- 19,000L 619-960-097 GARLAND GEMEER ;ORP • C/O JOHN GARBER VACANT $600,000L 5-01 M P 9 BOX 134..,PALM DESERT CA 92261 R112M 12181 40.OU ACRES IN POR SE 1/4 6F SEC 10 T5S 40.00AC 2}1863 R6 FOR TOTAL DESCRIPTION SEE ASSESSORS •------- MAPS 19,000L --------------- --------------------------------------------------------- ________ 619-0600108 PEALE RUTH S ___________ ------------ MRS NORMAN V PEALE VACANT 75 2 E 1030 FIFTH AVE NEW YORK NEW YORK 10Q28 R112M $49,5v6- 40. 0 ACRES IN P6R SE 1/4 OF SEC 10 T S 40.00AC '19 OUOL MA PS FOR TOTAL DESCRIPTION SEE ASSESSORS 619-grgi0 EFMARK "ALIFOkNIA INC EFMARK CALIF INC VACANT S1958 400L 75-012 E 20J3 TORONTO DOMINION TWR ,EDMONTON ALB CANA R1.12M R9 80.4 ACRES IN FOR SW 1/4 OF SEC 11 F5S 80.42AC 14623E 19,Occ MA TOTAL DESCRIPTION SEE ASSESSORS 619-060-012 8 15 4 _ Ow m N"+"E NO LAND USE I=. so.it, t Da[ s �n wr .1 fE4 ADDIM:AN{ S M 1•F OR(•) OF EMS Som EAl11S aw Out AAtl%M 1EON DEEGr110N UNn `pT yg GAR/P= YR.$IT. MOW WE t E vw+AAIi M•lD.Om Oii1 19,000L 619 O5-012 SH0 743NNUBEVERLYBGLENLLOS ANGELES CA 90024 VR112M 4179 f1026,874L 7 987.67 ACRES M/L IN P6R E 1/2 OF W 11 -T 98.67AC 86772 5SR6E FOR TOTAL DESCRIPTION SEE ASSESS 19,000L ORS MAPS _______________ --------_-------___----_____________________________------ ______ _________ 619- 60-014 SHAMBLIN MILLIAM B ETAL VACANT 51040,400E 75-012 N 743 N BEVERLY GLEN LOS ANGELES CA 90024 R112M 4/79 100.00 ACRES M/L IN POR SE 1/4 Of SEC 11 100.00AC 86772 19,000E T5S R6EA FOR TOTAL DESCRIPTION SEE ASSESSORS MAPS 61 -75-012--- - MANpATTAN RES418 RM/LINV GRRESE981 OC/O�THOMAS66(1_-----VACA220.00AC ------ -' ---- - ---- -- ----190905 - ___0. ___ 619- 60-017 MANHATTAN LAND 8 INV GROUP OR BEACH TCA 92 ASH VACANT f31 944E QO 19,000E TSR6E FOR TOTAL DESCRIPTION SEE ASSESS ORS MAPS ------------- --------------------------------- -- --------------- ----------- ----------- ----------- 619-p60-019 EFMARK CALIFORNIA INC • EFMARK CALIF INC VACANT f2040,000L 19,000L 75-012 N 2023 TORONTO DOMINION TYR 1/4 OF,EDMONTON ALB CANA R112M 8/ggpp RR66.4FORCTOTALN POR DESCRIPTION SEESASSESS il ORS 80.42AC 140235 _ MAPS ------ -'------------- -------»_------------------------------------------------------ --------------- ----------- ----------- ----------- 19'OOOL 619- 60-020 SHAMOLIN MILLIAM B ETAL VACANT 41674,003L 5-012 N 741} N BEVERLY GLEN LOS ANGELES, CA 90024 R112M 4/79 160.85 ACRES IN PAR 1 RS 035/013 160.85AC 86772 --------------- ----^--------------^-^---'----------_-_-_----------------------- --------------- ----------- ----------- ----------- 619-()60-021 GERSHMAN HAROLD VACANT f200 0Q/0 f499,3921 '19 OOOL /5-012 N 412 -,OBERT LN,BEVERLY HILLS CA 90210 R11.2M L/ 9 ' 59.33 ACRES M/L IN POR E 1/2 6F SEC 11 T 59.33AC 86776 5SR FOR TOTAL DESCRIPTION SEE ASSESS r+ ORS !PS ------ - ------------------------------- --------------- ----------- --"------- - 9,000L 619 60-022 SHAMBLIN MILLIAM B ETAL VACANT f616,957L 25-012 N 12 ESTRELLA RANCHO MIRAGE CA 92270 R112M 4/79 59.33 ACF.'_S MIL IN POR E M OF SEC 11 T 59.33AC 86772 55R6E FOR TOTAL DESCRIPTION SEF ASSESS ORS MAPS 9,000E -------------- ---------------------------------------------------------------- --------------- ----------- ----------- ----------- 619-Q60024 LOS COCINEROS LTD VACANT-RES f141,743L 188--0 6600 N Pp0 BOX 47 PALM DESERT, CA 92262 R112M 5/79 3413<06CRES ELT IN PAR 1 PM 064/066 PM 34.06AC 90517 9,000E 619-060-027 H00TEEN JOHN P ETAL COMM-VACANT $160 ODUF 8160 OOOL 18-060 N 83612 AVENUE 45 STE 9,INDIO CCA 92201 R112M f/ 2 R684 ACRES NET IN PAR 4 PM 061/066 PM 13 5.84AC 18600 ------ 9,000L -------------------^--^^-^^----------------------•------------------------------ --------------- ----------- ----------- ----------- 619 060�60 CVN P 0 BOX 1058 COACHELLA CA 96236 V211zM 2/80 fR18L y 188-- 652 ACRES NET IN PAR A PA 064/066 PH 134 22,651SF 32614 __ -- - 619-oQ-09 COVINGGTON KAVANAUGH VACANT-RES S361 64L0 0REE / A DR ,PA ? R112M 5/79 53 4CSMLfNPORPAR2M064066 53.48AC 92657 PMi3406 F 619-060-031 C 15 I � OWN"NAME NO LAM USE S:MIYI EI00. Eo.R. V!aI�WE/ N EALL AMY __ TAX `S � (a}( (•A OE I•) ____. - IMRE [6T 512E fOpOls rtn Erect TaAUE a 619- 060- 031 C 15 • Val yy�t s sAIE AMr •1 / Ow D NAME OF LAND USE em 30.R. a DAIt p n AOplak MM PA ONUS N4 Q(•1 z fM5 tOtAtS 4M AKrcom ADD 65A IEOAI DE7QI►IION U 1I6 OT 5R�l oAaroa M.YT. MII011 aAle t 6 WAS AMT NWAD Elk1 ,000E 61 PO 0021 MA pZ140L FIRST ESTGBOTAVIA IL 60518 DESERT SO OF $46,500L 7 1 9546 ACRES NET IN PAR PM 101/007 PM 17 5.46AC 501927 19,000E --------p-p------ --------------EE--------------------------------------------'----- --------------- r---------- ----------- ----------- 619 Q/5-0122 �NZP OLBOX 470PALM DESERT CA 922 DESERT 427,200E " 7 39519 ACRES N(T IN PAR 2 fM 101/007 PM 17 3.19AC 19,000L —-------------- ---------------------------------------------------------------- --------------- ----------- ----------- ----------- 619-960-033 EV LUTHERAN GOOD SAMARITAN SOCIETY DESERT $200 OOQF 5384,000E 5-012 197000 WEST 440 ACRES NET NIN PAR UE N 13UPMF101/607 PMALLS So 7111 19.40AC 20988 .-______ 17951 19,000L —----------------------------------------------------------------------------- --------------- ----------- ----------- ----------- 619- 60-034 MARZICOLA E GEORGE DESERT - $260,SOUl " 5-012 N P50 BOX 47 PALM DESERT, CA 92260 -j� 30. 951CRES NET IN PAR 4 PM 1011007 PM 30.59AC 71500-L ---- ---------------- --------------- ----------- ----- --- ----------- 619-p70-010 WASHINGTON MOBILE COUNTRY CLUB AMCA DEVELOPME COMM-VACANT $83 876L 75-0 3 N 39687 PALM GREENS PKY,PALM DESERT CA 92260 R3 7/79 ___---_ 99.30 ACRES NET IN PAR 1 PM 063/044 OM 12 9.30AC 160513 9,000L --------- ------------------------------- ---------I------ ----------- ----------- ----------- 619- 70-014 WASHINGTON MOBILE COUNTRY CLUB FRED MOTTLE COMM-VACANT S351,341L -/5_023 N 40250 WASHINGTON,PALM DESERT CA 92260 RT8M 38.95 ACRES M/L IN POR PAR 3 PA 063/044 38.95AC 19,OUOE -------------------------------------------------------------------------------- --------------- ----------- ----------- ----------- 619- 70- 15 WASHINGTON MOBILE COUNTRY CLUB AMCA DEVELOPME COMM-VACANT $366,5711 5-0 3 N 39687 PALM GREENS PKY PALM DESERT CA 92260 RT8M 40.63 ACRES M/L IN FOR OAR 3 PM 0631O44 40.63AC ------ PM12973 7t,800L _____________________________ _______________ ___________ ___________ _______;--_ 619 p70-018 CARVER ROY WILLIAM COMM-VACANT $1050t000 S628 'OOL 75-0 3 N 110 CWC LAS TUNAS,SAN GABRIEL CA 91776 CPS 8 ------ 8.35 15031 M/L IN FOn PARS D 1 2 PM 082/ 8.35AC 58333 0,000L —_____________ ________________________________________________________________ _______________ ___________ ___________ ______;___- 619- 70-019 CARVER ROY WILLIAM COMM-VACANT $1050 OQO S213 400L 5-OIU,4 N 110 W LAS TUNAS,SAN GABRIEL CA 91776 CPS L/r! zz 45 ACCREES M/L IN POR PARS D 1 2 PM 082/ 2.45AC 58333 ----- 03PM 15031 619-OS 00`0 SUN 402E5 MOTTLE OR PALM DESERT 92260 COMMERCIAL .12/80 S20UL 77 0 .166AJRE 4TH M/LS INTE PORT L6TA 1TMaANA CA 116/0379T R01 6.964SF 244E 45 ______ CC 16,300E 15588- 610170-221 ------------------CO : H------------------- -- ----COMM-VACAN `- '- ---- - -- =__-__`---- ----------- ------- .,' 619-pp 70-021 LANE CONSTRUCTION CO HENRY V-CLEA RC COMM-VACANT $612,SOCf 75-0 3 2 1665 E LTH ST STE 14,SANTA ANA CA 92701 CPS 9412 �M75U31CRE5 GRS' IN POR PAR 1 PM 682/033 24.77AL .,.- L9L12 11,000L --------p------- --------(-( __ ------ ___--- ---(-C--EE--- ----- - --- --- ---- -- ----------- -- ------ --- ------ -- G19-O5-0 0232 BANK 4023SAMOTTLEI DR PALMHDESERNRY T 92260Y COMMERCIAL $4567,8641 7 2 N 1U665(C1 4TH ST STE 14,SANTA ANA CA 92T.i 3.81AC R 85588!1S GRS IN FOR LOT 1 MB 116/037 1 619-070-023 D 15 op .1 ►AIQI MMYN OMNq NAME NO LAND O! Z VSE t100. 50.R. KER�SAIE E t SM!MIT .i W..... '.• AOOEEa1:MM 1►l.t111151•L Ot 1.1 _ Y11JM1ft _ R 61 9- 760- 01 7 C 1 1 yy :i v[sa'o yu s E EAIE AMT LOW-l s IA�y�W !M i AM'OO"$&-A"p4 WUS 1*1 OH 1,1 OF IZAQNND�NUSpE am. .M� i LMn l6�pp n wv 1 AT OIM ARIA CODE U"OEfCMI om ums lOT SIZE CkWPM MOLT. mm ul!s $63,p((l�p s LOAN W WVAs0 did $27,0001 619-760-017 LAKE PROPERTIES INC ETAL COMMERCIAL S2 731L 18-060 # 43409 LACOVIA DR BERMUDA DUNES CA 92201 IP 4/82 S4,8211 2.33 3INTCINSCNET INA REA 519 MB 115/083 TR 13 .14,374SF 60354 _______________________________ _______________ ___________ --- ______-___ Qp --- 619-760-018 LAKE PROPERTIES INC ETAL COMMERCIAL S2,731L f4J�g8L 18-060 # 43409 LACOVIA DR BERhUDA DUNES CA 92201 IP ' 182 $4,8271 33 ACRES NET IN LOT 20 MB 115/093 TR 13 14,374SF 60354 231NT IN COMMON AREAS --------------' ---'------------------------------- --------------- ----------- ----------- ----------- __ 619-760-019 LAKE PROPERTIES INC FTAL COMMERCIAL S3,310L 390,994L 18-060 A403ACRESANETIINDLOBE2IUMB 115/063CTR9130t IP 17,424SF 60354 E4,8271 23INT IN COMMON AREAS -------------' ------------------------"---------------------------------------_ --------------- ----------- ----------' ----------- 619-760-020 LAKE PROPERTIES INC ETAL COMMERCIAL $2,731L µf10----- 18-060 N 3600 WILSHIRE BLV STE 1114 LOS ANGELES, CA 9 IP 4/82 $4,8271 S , 0I 33 ACRES NET IN LOT 22 MB 115/083 TR 13 14,374SF 57468 7� 23INT IN COMMON AREAS -----------------______________________________________________________________ _______________ ___________ ___________ ___________ 619-760-021 LAKE PROPERTIES INC ETAL COMMERCIAL S2,731L 18-060 N 3600 WILSHIRE BLV STE 1114 LOS ANGELES, CA 9 IP 4/82 $4,8271 y .33 ACRES NET IN LOT 23 MB 115/083 TR 13 14,374SF 57468 'S1Q•2?QL �C 231NT IN COMMON AREAS - f5[,0 ()1 _______________ ________________________________________________________________ _ 619-760-022 LAKE PROPERTIES INC ETAL COMMERCIAL f2,731L 18-060 p 3600 WILSHIRE BLV STE 1114 LOS ANGELES, CA 9 IP 4/82 $4,827I .33 ACRES NET IN LOT 24 ME 115/083 TR 13 14,374SF 57468 510-2--- 23INT IN COMMON AREAS $40 8001 _______________ ________________________________________________________________ --------------- ----------- ----------- ----------- 619-760-023 LAKE PROPERTIES INC ETAL COMMERCIAL $2 731L .�[ 18-060 M 3600 WILSHIRE BLV STE 1114 LOS ANGELES, CA 9 IP 4/82 $4,8271 2.33 3INTCINSC NET INALOT 525 MB 115/083 TR 13 . 14,374SF 57468 510,200L 619-78- 4 LAKE PROPERTIES INC ETAL COMMERCIAL S2,731L S5 ,0201 1B 060 60 N 3600 WILSHIRE BLV STE 1114 LOS ANGELES, CA 9 IP 4/82 $4,8271 y 333 ACRES NET IN LOT 26 MB 115/083 TR 13 14,374SF 57468 23INT IN COMMON AREAS ------------------------------- --------------- =---------- ----------- ----------- pp 619-760-025 LAKE PROPERTIES INC ETAL EE COMMERCIAL $2,731L f52,0001 18-060 .33 ACRES WILSHIRE BLV LOTS27 MB1115/083NTR113, CA 9 IP 14,374SF 57468 f4,827i _231NT IN COMMON AREAS ' '-----_»"---- - -------------------------------------------------------------- --------------- ----------- 619-7((0-026 LAKE PROpPERTIES INC ETAL COMMERCIAL $2,731L f27,p0U 18-UEq k 3600 WILSHIRE BLV STff. 1114 l05 ANGELES, CA 9 !P 4/8z f4,8271 $27 OUCI 33 ACRES NET IN LOT 28 MB 115/083 TR 13 14,374SF 57468 23INT 1N COMMON AREAS -'------------- -- ------------------------------------------------------------ ---------------- ----------- --__-___--_ ----------- 619-188--OOh201 LAKE 3600 WILSHIRE 1114 0 ANGELES, CA 9 COMMERCIAL 4/8 f24;1351 -------- 2.39 ACRES NET IN LOT 1 MB 115/083 TR 13 2.39AC 57468 f$3,400L 23INT IN COMMON AREAS 5 9,6001 _______________ ------------------------------------------------------------- \L 619-18-0609 LAKE 43409ELACOVIANDREBERMUDA D NE8 CA 92201 COMMERCIAL 4/82 $4,8271 ______- �C- 2 ACRES NET IN LOT 29 MB 115/$t TR 13 13,939SF 60354 23INT IN COMMON AREAS 61 9- 760-030 D 1 1 T p EAIE •' r l M OW14E NAME NO LAND USE EIDO. !O.iT. ni OAn s s sAl!AMT AooAEss:AAA(n,anus 4.1 ON a) p F tM1 EOEALt u1Ns wn 61 9- 760-030 D 1 1 LAW:L MFseri 5Y!{ !Un MIT Lae l 1A mn OTHIF{NAME No IAND USE 400. {O.R. t DATE RC�Dp TT IAV 1 ADD45k A$AA(E4 Sm7S(•A Oa M OF Z RMSGA t%OL .$0. .ODOppEI((t��M Am E IEOAI OESLVIgN UNDS .`� oAE//Wl T7.4T. 1loE SAIF f I LOAN AMT N47A vw S 3:pG8i 619-760-030 LAKE PROPERTIES INC ETAL COMMERCIAL S2,648L 18-060 N 43409 LACOVIA DR BERMUDA DUNES CA 92201 IP 4/82 S4,8271 .3INACIESCNET IN AREAS 30 MB 115/063 TR 13 13,939SF 60354 zz --------------_ ________________________________________________________________ _______________ ___________ ___________ __________ $ 71 LLi�p---- 619-760-031 LAKE PROPERTIES INC ETAL COMMERCIAL $2,648L " 18-060 N 43409 LACOVIA OR BERMUDA DUNES CA 92201 IP 4/82 S4,827I J� 32 ACRES NET IN L6T 31 MB 115/093 TR 13 13,939SF 60354 23INT IN COMMON AREAS -------------------------------------------------------------------------------- --------------- ----------- ------------ ----------- 619-760-032 LAKE PROPERTIES INC ETAL ' COMMERCIAL S2,648L 327, 0 L 18-060 N P 0 BOX 2056 PALM DESERT, CA 92261 IP 4/82 $4,82?1 $63,BGBI 32 ACRES NET fN LOT 32 MB 115/083 TR 13 13,939SF 55713 23INT IN COMMON AREAS -------------------------------------------------------------------------------- --------------- ----------- ----------- ---------- 519-760-033 LAKE PROPERTIES INC ETAL COMMERCIAL $2 648L _------- 18-060 N P 0 BOX 2056 PALM DESERT, CA 92261 IP 4/62 E4 827I 5�:088� 32 ACRES NET IN LOT 33 MB 115/083 TR 13 13,939SF 55713 23INT IN COMMON AREAS --------------- - - - - ---- --------- ------ ------------------- --------------- ----------- ----------- ----------- ----- -- ------ ----- 619-760-034 LAKE PROPERTIES INC ETAL COMMERCIAL S2,648L 18-060 N P 0 BOX 2056 PALM DESERT, CA `,2261 IP 5571 571 S4,8271 .32 ACRES NET IN LOT 34 MB 115/083 TR 13 13,939SF 3 23INT IN COMMON AREAS 0001 619-760-035 LAKE PROPERTIES INC ETAL COMMERCIAL 2,648L 18-060 N P 0 BOX 2056 PALM DESERT, CA 92261 IP 4/82 $4,827I .32 ACRES NET IN LOT 35 MB 115/083 1'R 13 13,939SF 55713 23INT IN COMMON AREAS $ 1,6001 619-IF-0606 LAKE PROPERTIESS INC ETAL COMMERCIAL $4,8271 1P-060 N P 0 BOX 2056,PALM DESERT, CA 92261 IP 5713 54,827I .32 ACRES NET iN LOT 36 MB 115/083 TR 13 13,939SF 55713 23INT IN COMMON AREAS -_____________ ________________________________________________________________ _______________ ___________ ___________ ___________ ', 527,000l 619 760-037 LAKE PROPERTIES INC ETAL COMMERCIAL E2,6481 $63,0001 18-060 N P 0 BOX 2056 PALM DESERT, CA 92261 IP 4/82 S4,827I 32 ACRES NET IN LOT 37 MB 115/083 TR 13 13,939SF 55713 23INT IN COMMON AREAS _______________ ________________________________________________________________ _______________ ------------ ___________ ________-__ 619-76U-038 LAKE PROPERTIES INC ETAL COMMERCIAL $2,648L 423,cp0� 18-060 N 43409 LACOVIA CR BERMUDA DUNES, CA 92201 IP 4/82 $4,8271 $ 1,60 1 32 ACRES NET IN L67 38 PM8 t15/O3 TR 13 13,939SF 60354 231NT IN COMMON AREAS --------------- ---------------------------------------------------------------- -- - ----_-'---- --------_-- -____------ T 619-760-0g9 LAKE PROPERTIES INC ETAL COMMERCIAL ,648L -------- 18-060 N 43409 LACOVIA DR BERMUDA DUNES CA 92201 IP 4/82 $4,8271 I $27,000L -2-32 ACRES NET IN L6T 39 MB 115/093 TR 13 13,939SF 60354 $��3,000I INT IN COMMON AREAS ----------- T - _ _-___________________________----______________-__________ _______________ ___________ ___________ 619-760-040 LAKE PROPERTIES INC ETAL COMMERCIAL 52,648L 18-060 N3343409 LACvVIA DR BERMUDA DUNES CA 92201 IP 4/82 54,b271 - _ffl ACRES SCNET INA REAS40 M8 115/093 TR 13 13,939SF 60354 Sbp.«j�l --------------- - ----- ----E-E9-9---- ---_-- ---------C-C-- -----'---------- -- --- --------- ----- ----'---- - ---'--' -------'--- 619-1 V-041 COOK PST CBCOXI2056,PALM DESEERTYCAN92261/0 SAMUE IP L COMM-VACANT060 zz/8zz --------------- --83TR-13236 INT IN `OMMON,AREASD MFORITOT 6.09AC 18709 E 619- 760-042 E 11 •1 ►A OMNEE NAME NO L00 USE F1D0. 50.R. �EatC lAlE► { &= MI!AMT EI •1 ADDRESS:MAE IAI.STUS 1.1.OF I.1 d EMS Sovm "INS if RF�pp N 619- 760-042 E 11 • ►ARCEI NI Wi Ef AOOwt3i UA Ir4 a6us 1.4 a 1.1 N LANNND�UUSSE .". �a DA l I{ {fi nAMY rvro:0, MV7A'ODl1iiA MG C001 Ll"OnclorHON umn lOT SQE OAa/rOOI TR.YT. POW WE f {1DA11 AAR IFf7p49 QN S63,80 619-760-042 LAKE PROPERTIES INC ETAL COMMERCIAL $7,780L 1f-060 N 43409 LACOVIA 04 BERMUDA DUNE CA 9 201 4/82 $144811 `94 ACRES NET IN :AR 1 FM 100/084 PM 1 1 40,9465F 60354 -- ---- --------------- ----------- ----------- ----------- fZZ7,00000L 619-760-043 LAKE PROPERTIES 'INC ETAL COMMERCIAL °7,780L f75 0001 18-060 # P 0 BOX 2056 P* M DESERT CA 92261 4/82 $14,4811 4.94 ACRES NET fN iAR 2 PM f00/009 PM 181 40,946SF 55713 --------------- ------------------- -----------------------.'----'------------- ---------______ __--------- ----------- '- ---,---- - oo -z-pp- 619-760-044 SOUTHERN CALIFORNIA GAS '0 COMMERCIAL $942 900E S34 761L S52,000I 18-060 4.20 ACRESTNET IN OA3H RIVERSIDE60/00 CA 92 PM618 4.20AC 18518 $57,4241 --------------- -------------------""'---------------------------------------- --------------- ----------- ----------- ---------- 619-771- 01 PALM DESERT RESORTER CONDOMINIUM f7,600L 75-022 > 40281 BALTUSROL LT PALM DESERT 92260 R112M 12/80 $43,0001 427 88p8L H 77900 AVENUE OF THE STATES PALM DESERT, CA 9 223669 $63,0001 LOT 1 MB 1161044 ;R '31.5-6 fNT IN COMMO N AREAS ---------------- ---'-"-----------"-----------------------------------'------- --------------- ----------- --------- - -'-----_ 619 771-002 PIE RINGER ROBERT W ETAI CONDOMINIUM S90 OOO"f "526,400L 75-022 " 40275 BALTUSROL CI PALM DESERT 92260 R112M 1f;81 i63,6001 $27 ODUL N COGWOOD LN ALPINE, NJ U7620 239915 $63,000I LOT 2 i16f044 Tr. 13.45-6 INT IN COMMO N AREAS - 619-771-003 PALM DE ERT RESORTFR ------'--'--'--'-'-CONDOMINIUM ------------=-- ----------- ----------- -----4-7-,-EO-U--1 75-022 * 4021 BALTUSROL CI PALM DESERT 92260 R112M 12/80 f51,D0U1 f1O 2UOL M 77900 AVENUE OF THE STATES PALM DESERT, CA 9 223669 $44,2001 LOT 3 MB 116/044 TR 13145-6 fNT IN COMMO N AREAS -___ --------- ________________________________________________________________ _______________ ___________ ___________ ___________ 619-771-004 PALM DESERT RESORTER CONDOMINIUM $7,i.NUL 75-022 ^ 40265 BALTUSROL Cl PALM DESERT 92260 R112M 12/80 $511000I f27 OOOL 0 77900 AVENUE OF THE STATES PALM DESERT, CA 9 223669 $63,0001 LOT 4 MB 116/044 TR 13145- 6 fNT IN COMMO N AREAS -_____________ ________________________________________________________________ _______________ ___________ ___________ ______-____ 619-771- 5 PALM DESERT RESORTER CONDOMINIUM $7,800L 75-0 ^ 4 zz61 BALTUSROL Cl PALM DESERT 92260 R112M 1216 S43 U00- S27,000L k 7Q900 AVENUE OF THE STATES PALM DESERT, CA 9 223669 S63,000I LOT 5 MB 116/044 TR 13145-6 fNT IN COMMO N AREAS --------------- ---------------------------------------------------------------- --------------- ----------- ---"'----' ______--_`_ 619- pppp771- 6 PALM DESERT RESORTER CONDOMINIUM $7,iN)OL 75-022 a 40255 BALTUSROL Cl PALM DESERT 92260 R112M 12/80 S51 UU11 S10 200L N 77900 AVENUE OF THE STATES PALM DESERT, CA 9 223669 $52,0001 LOT 6 MB 116/044 TR 13145-6 fNT IN COMMO N AREAS -------------- _____----------------------------------------------------------- _______________ ___________ ______i _ _ _--- ____ 619-771-007 1 M,ppSJERT RESORTER CONDOi-,INIUM S7,i1iil 75-022 J 1 BALTUSROL CI PALM DESERT 92260 R112M 121W S43,UOL�I •$10,2rlOL M 7 900 AVENUE OF THE STATES PALM DESERT, CA 9 M,0 $44,2601 MOAT REA ES 116/044 TR 13145-6 fNT iN COMMO _� 619- 771 - 008 F 11 619- 681 - 013 un :i At�pt�yIVO fA 1tLY[ �tMU NMI! No LAND USE 9U*. so.n. 4 3A1! { {iYE MR MOtfSt+Mkt In UM(.4 Of hl OF tW l0ba MM WA V' A AlllTAX Le"DefCRINON umn l0T SIZE OM/NOOI ".QY. PamLY!f f LOAN AMT M9.00DpIIfiM 174 S ' 60L 619-681-013 ACTON JAMES A ETAL CONDOMINIUM 3/ 1F S351000I 5 8,7< 1 18-048 * 41910 LARGO PALM DESERT 92260 PR5. OOL N 25152 CALLE ALONDRA EL TORO CA 92630 49752 LOT 21 M8 103/068 TR 13407-1 Q INT ON ^f38- 60pL COMMON AREAS ,7� L -----=--------- ---------------------------------------------------------------- -------------- -=--------- --------- ------ --- S69,3601 619-681-014 OGLE ROBERT A ETAL CONDOMINIUM $78 0 F S22,680L 18-048 * 41920 LARGO PALM DESERT 92260 PR5.. L/ $48,87 I -------- LOT 22 MB 103/068 TR 13407-1 B INT ON 70€7 f36,307L COMMON AREAS H 619 681-015 SULLIVAN EDWIN WIII CONDOMINIUM $87 000F $32 13L 18-048 * 41930 LARGO PALM DESERT 92260 PR5 Ml $49 3621 LOT 23 MB 103/068 TR 13407-1 8 INT ON 31547 $38,760L _______________ COMMON AREAS ________________ _______________ ___________ ___________ __________ f 8,140I 619-681-016 MUTC HINS ON HUTCH ETAL CGNUOMIN IUM S82 000 f32 113pL � 18-048 ° 41940 LARGO PALM DESERT 9226Q PR5 4/g0 E49,3681 _____ N 578 PIERPONT COSTA MESA CA 92626 168232 f3},708E LOT 24 MB 103/668 TR 13401-1 8 INT ON ,23b1 ----- --------- - --COMMON-AREAS - --------------------------------'--___--___--___ --------------- ----------- ----------- ----------- ------ ----- 6,9-681-017 PAQUETTE EDWARD F ETAL CONDOMINIUM S32,130L 18-048 * 41950 LARGO PALM DESERT 92260 PR5 5/80 S47,899I $20,183L N P 0 BOX 4238 CANYON LAKE, CA 92390 85310 LOT 25 MB 103/068 TR 13407-1 B INT ON COMMON AREAS ' --____----- ---------------- --------------- �---------- ----------- ---S22,680L COVINGTON KAVANAUGH C/0 DORIS CONDOMINIUM S22,680L 536,720L 18-OL8 * 41010 LARGO PALM DESERT 92260 PR5, - 5/79 S50,249I $53,5501 N 75205 VALENCIA WAY,PALM DESERT CA 92260 92659 LOT 26 M8 103/068 TR 13407-1 8 INT ON H COMMON AREAS " -----------------------=------- ----------- ----------- `S}8,760L 619-.681-019 EPIC INSTI INVESTOR MODEL HOME 198 • EQUITY PRO CONDOMINIUM $80 500F $32,13OL 558,14U1 1,8-048 N 52035LEESBURGA PIKE N1300RFAL�S 6CHURCH, VA 22 PR5 121009922 $45,9001 - LOT 27 MB 103/068 TR 13407-1 8 INT ON '---- - COMMON AREAS -------------- ---------------------------------------------------------------- --------------- ----------- ----------- ----------- 59355E 61¢ 8480 EPaC 511TI C ARLEDHR EQUITY PRO CONDOMINIUM E85000F }10F634,2101 , 010 25VALENI PALM 9226 , 01 LOT2pp33E1 IT 11ALIHOCH, VA 22 121093 MB 03/068 R 1340 = B INT N _ __ COMMON AREAS 521,224E _ggpp------------------ ____________ _______________ ___________ ___________ ---- _______ $64,7331 619-18-0A21 EPI°C75235IVALENCIA PALM DESERTCPR50M1NIUM 5901/ OF $53,0401 8- 8 N 5201 LEESBURG PIKE,FALL CHURCH VA 22041 12108904 LOT 29 MB 103/068 TR 13401-1 B IN ON Sg3,70P, COMMON AREAS .578,654I -___-_----_Z----- ---------EE_--____--_--- ..-------________-___-__---------_--------- --------------- ----------- __ -------- ------ ___33pp_- 619 1810A22 KARAMST30OVALEMCIAEEEPALM DESERT 92260 CPRSOnIN1UM SCO4g00 S 2 68i B 8 LO6 4 OSMBA103/068RTRR13407E1ME INT9ON07 159656 $'5471 COMMON AREAS . FANp 61y9�{-�p6'{81 -0 2 3N� M� D 08YEW yy� yN M :i rA w NI m O"MOteNW.Mu cn frtus aA a r) N AND USE am. I&uiw 6%el t t �n WD:1 �rPAtD aw A ftl item owe" um l T� $IZ( owrooL n.wr. P I uu t t CLOA AMT ".UAW 854 tl,760L 619-681-000223 BLACKIE RONALD W ETAL CONDOMINIUM P 33,OOQL f69,3C?1f 18-048 ^ 75220_VALENCIA PALM DESERT 92260„�-yam PRS _b/_1 SSZ,Vmll�l 619- 681 -023 D 08 NI► •� rNQ1 NON, H CWWA AM - .e�s�w { {wN,wr o w-1 ADDRM,*AK(n VM I•A ON I.1 OF IZANpD Up SE t�s.M� a oA[ Ran wr •i ADO 05A .AlA C00{ W"DlSaWnoN UNIT{ LOT fQE C•AN Mm YL 8". Pam sw{ 38,760L fU]AII AAIT 11471000ofM $69,3601 619-681-023 BLACKIE RONALD Y ETAL CONDOMINIUM 2OP E33,000E 18 048 140ECAONEEy2A0 PR5 M 04AVNUE DREODOBACHC90277 11607 2 1 -------- ],�- - LOT 31 NO 103/098 TR 13407-1 1 INT ON �6pp �l COMMON AREAS S67,3201 --------------- - ----I---------------------------------------------------------- --------------- ----------- ----------- ----------- 619-681-024 KRUTCCIK DORRIS L CONDOMINIUM $79 5QQ0 $32 130L 11 18-048 • 75210 VALENCIA PALM DESERT 92260 PR5 &S S47'940I 1, LOT 32 Me 103/068 TR 13407-1 8 INT ON 108424 ' f38,7601 y� COMMON FREAS f ,Oc01 - --- ----- --------------------------- --------- -------------- ------------- ------- _- _--------- ---------- 619-681-025 COVINGTON KAVANAUGH • C/0 OORIS CONDOMINIUM $-- ---- 18-048 • 75200 VALENCIA PALM DESERT 92260 PR5 5/79 $49 416I g N 752p05 VALENCIA MAY,PALM DESERT CA 92260 92659 ' $11,12L LOT OMMON AREAS103/068 TR 13407-1 8 INT ON 888 c00 —-------------------_.._---_---_--_--_-----------------_----------------------- --------------- ------=---- ----------- ----------- 619-681-026 REYNOLDS TRUMAN B ETAL CONDOMINIUM $85 OCJOF S33 000L 18-048 • 75225 VISTA CORONA PALM DESERT 92260 PR5 d/ 1 552,0001 b1 224L M 1114 E HORNELL ST,IIHITTIER CA 90603 109259 i'098I '1 LOT 4 NO 103/068 TR 13407-1 1 INT ON COMMON AREAS 619-681-027 KAPLAN ELHOOD A ETAL CONDOMINIUM S83 O0000F 832,130L fzz1,224L 18-048 c 75235 VISTA CORONA PALM DESERT 92260 PR5- 1f/80 $49,3681 ,S80,2201 M 7745 APPALOOSA TR ORANGE, CA 92669 238099 LOT 35 MB 103/068 TR 13407-1 8 INT ON COMMON AREAS ---------------------=--=------ --------------- ----------- ----------- ----------- iS21 224L 619-681-028 EPIC ASSOCIATES d1 XX CONDOMINIUM $85 500E S33,000L i$71'6281 18-048 .7 5 45 VISTA CORONA PALM DESERT 92260 PR5 1/81 352,0001 N 5221 LEESSURG PIKE M160p,FALLS CHURCH, VA 22 195871 H LOT 6 M8 1 3/ 68 TR 13407-1 8 INT ON -------- COMMON AREAS . :f10,2c9L -------------- ---------------------------------------------------------------- --------------- ----------- ----------- ------'--- 619-681-029 EPIC.ASSOCIATES 81 X% CONDOMINIUM f85 50OF S33 000L '• 18-048 • 75255 VISTA CORONA PALM DESERT 92260 PR5 1/81 f52,0t1[a: M 5201 LEESBURG PIKE M16pp,FALLS CHURCH, VA 22 116873 ------ LOT 37 M8 103/068 TR 13409-1 8 INT ON '524,40M COMMON AREAS LS67,311I ------------------------------- --------------- ----------------------- ______-____ 61 ? 1 1-080 EPIC A SOCIATES 81 XX CONDOMINIUM $85 5(gOF $33 00�L OG • 75 6 VISTA CORONA PALM DESERT 92260 PR5 d/81 S52,OOL1 M 52 1 LEESBURG PIKE N1I FALLS CHURCH, VA 22 116975 0-533,7�nL LOT 8 MB 103/068 TR 134 -1 8 INT ON 580,2121 COMMON AREAS I- ----'---------- ------------------------------5--------------------------------- --------------- ----------- ----------- ----------- el 9-6V6931 481 CCeIT 22TQ9Op5N EpMEEILIOGPALM C/O DAESERT192260 CCRSOMINIUM 5/79 f51,3U01 $ 372,ci28I 8- LOT 39 MBA103%068MTR'13407 158 R INTO ON 92260 92459 COMMON AREAS ._------ 619-68B1-0 2 COVINg1 N.KAVANAUGH • C/O DORIS5 CONDOMINIUM $17 372L 538,760L 1&048 • 7520� CA`MEEBLLOO1 PALM DESERT 92260 PR5 5/79 f49;4001 f777,5201 LOT NoMBA103%068NTR'13407 DESERT INTCOND2260 92659 H COMMON AREAS --------------- ----------------------------------------------------------------- --------------- ---------- _ -------- -------___- 619- 681 -033 E 08 °A1 '` ��w O O AD NAM p r ADo{Fss:AUa PA{rtus(.),a�•1 w LAND USE um. so.n. a, WAS {�Tm Y WD:It OF tAtS a0{AU MTM{ DOC Dan amn�. TAX uoALo{{cnnoM uNrta � r n�rn_x. 619- 681 -033 E 08 •l ssps's •L 0149,MN1sts Owlet NAME No LAND USE MOo. so.R, v�t�fNg s SUM AAa Mom: ADDIM,MM(n UN7s(*.OR(•) a sow BATHS so BATHS7! t •„��n %Y,Om Vi A TAX Leo"DesCV110N uNrts LOT SQE OM.IM ".MT. 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"am"m s s LOAN AMT LWppp eiM 619- 681 -043 F 08" MRQ� OWNER NAME No LAND USE am, fa n. L WT! f f WE AMT LAND-l AODE ANS If1.STM IAA 01 h1 Of am scrip $ATM rt a*FSS: 1 146TAE0 djA AREA TAX E a"OEscrinoN ums lOT SQE 0wpOOL "L NT. ffm LYE f f IOMI MMf 1WA7D E141 f36,307L 619-681-043 BAUMANN WILBERT LAWRENCE CONDOMINIUM p p f66,7931 18-048 75195 VIA MANZANO PALM DESERT 92260 Pk5 8550/81F $52,0001 p 75205 VALENCIA WAY,PALM DESERT CA 92260 135035 -__-____-_ LOT 51 MB 103/068 TR 13407-1 & INT ON S24,46L COMMON AREAS S66,A?4I -- --------------- ----------- ------ --- 619-681-044 EPIC ASSOCIATES 81 XX CONDOMINIUM $85 500E $33 OOOL M 18-048 * 75205 VIA MANZANO PALM DESERT 92260 PR5 1/81 f52,000i _ _ _ p 5201 LEESBURG PIKE #160 ,FALLS CHURCH, VA 22 116877 S24,4061L LOT 52 MB 103/068 TR 1340 -1 & INT ON S75,671I COMMON AREAS - 619-681-045 CLIFTON ,1EFFREY C ETAL CONDOMINIUM f85 OppOf f33 OOOL H 18-048 n 75215 VIA MANZANO PALM DESERT 92260 PR5 8 ' $38 76� # 25680 TIERRA' GRANDE CARMEL, CA 92923 155»21 $52 000I f69AI LOT 53 M8 103/068 TR 13407-1 & INT ON COMMON AREAS M -------------- ____________________________________________________.____________ ---------------- ----------- ___________ __________ 619-681-046 BABA IAN 808 ETAL CONDOMINIUM $76 OOOP f32 130L ��224 4ppbl 18-048 n 75225 VIA MANZANO PALM DESERT 92260 PR5 - 11/80 $49,368I y S83,1741 - N 2101 LOMA VERDE,FULLEP.TON CA 92633 214357 LOT 54 MB 103/068 TR 13407-1 & INT ON COMMON AREAS --------- ______________ ____________________ __-___________--_-__-___________-_____-____ --------------- ___________ ___________ ___________ : f24,406L 619-681-047 COVINGTON KAVANAUGH C/O DORIS CONDOMINIUM $17,372L S61 5061 - 18-046 # 75205 VALENCIAPWAY,PALM DESERDESERTO CA 92260 PR5 92659 5/79 549,4OUI LOT 55 MS 103/068 TR 13407-1 & INT ON COMMON AREAS $24,406L ------------------------------------------------------------------------------- ---------- ----------- ----------- ----------- S77 487I 619-681-048 COVINGTON KAVANAUGH • C/O DORIS CONDOMINIUM 517,3 T[L ' 18-048 a 75265 CAMELLO PALM DESERT 92260 PR5 5/79 $49,400I p 75205 VALENCIA WAY,PALM DESERT CA 92260 92659 f14,5531 LOT 56 MB ""/068 1, 13407-1 & INT ON COMMON :.'::na --------------- ------------------------------------------------------:---------- ---------------- ----------- -- -------- __________ ol9-681-049 COVINGTON527 5 KAVANAUGH • C/O DORI9999 CONDOMINIUM S17 372L 836 307L y 18-048 M 75295 VALEEENCIqq HYAY,FALERDESEHTU CA 9226U PR5 92659 549,400I $66,6871 '�` LOTOMMONO 1 33/068 TR 13407-1 & INT ON AREAS 1- 619-681-050 COVINGTON KAVANAUGH • C/O DORIS5 CONDOMINIUM $17,372L £39,760L 18-048 A 75265 CAMELLO PALM DESERT 92260 PRS 5/79 S4914001 S70,1401 # 75705 VALENCIA WAY,PALM DESERT CA 92260 92659 LOT 58 MB 103/Q68 TR 13407-1 & INT ON COMMON AREAS ------------------------------- --------------- ----------- -'--__- $36 ?6QL 619-6g1-051 COVINGGTON KAVANAUGH • C/O DORIS5 CONDOMINIUM $17,788L £69,37.Oi _\/ 18-048 n 75295 CAMELLO PALM DESERT 92260 PR5 '/79 S51,t00: 71S' A' 75�$5 VALENCIA WAY,PALM DESERT CA'92260 92659 LOT MB 1 3/068 TR 13407-1 & INT ON -------- - COMMON AREAS ^. '------------------------------a----------------------------------------------- --------------- ----------- ----------- ----------$38,7N'/L , f5A 140i 619-18-048"t C,ARO 5N5 666p0pANTHONYVISTA F CETALORONA CONDOMINIUM $75 00Q f32,1_QL ' 18-048 q 20140 ROMAR CST ROHAT gPWORTHES CAT 913170 PR5 t5909 444,26 1 ..-_-_____ LOT 95 MB 103/S69 TR S3407-1 & INT ON Sd COMMON AREAS- --------------- ---- f t 619- 681 - 053 G 08 • .1 VFOID bAl!f f SALE AMT •L IAtCFI NIM1fEf OWNER NARY Np UND USE f10b, is R. f DAT! VD, 619- 681 -053 G 08 1R . .Atf�55WS1,YSR OWND NAME V[i�VEf f.I�It AMT IMO t AICE ADDIM MAIL ft f1I1R(.�Of pl OF uZp��q �MANS a DATE K ��n rr i ,N.OAro Oiil AREA IlOAI DISCISigN um n LOT SRE OAR/IODI PN.$LT. 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VERIED wE 4 s fUF MI7 1MD•l ADDRESS:MAX(X}SDUS(•1.OE(•) a Z ND USE .MTIIS •DArt !C wrt •'WAS wtms �rq _TAX LEGAL DESCRWT10N � L � I 61 9- 840-00 9 N 13 PA 1•UA L OWNE!NAME V"T OO W L L S11F"T LAND t ADMW.A1AL(E}SNVS 1.1.OL(•1 OF LAND _NDG. SO.IDWS $A l DAZE p R MV 1 UAW DUA ALliµC'OOE IEGAS DESOmpI1011 umn ZLOT SIZE GAL/OM W.ILT. .fpOL SALE f 619-840-009 GOODMAN FRANK R ETAL COMM-VACANT LIwNAMr NN,OOpDUS 2 $18,438L 18-060 k 77900 AVENUE OF THE STATES PALM DESERT, CA 9 .51 ACRES NET IN LOT 17 MB 110/003 TR 13 22,215SF --------- --------------- ------- ----------------------- 619-840-010 GOODMAN FRANK R ETAL COMM-VACANT 4p 00001 18-060 d 77900 AVENUE OF THE STATES PALM DESERT, CA 9 S18 438L Y43�00 51 ACRES NET IN LOT 18 MB 110/003 TR 13 22,2155F 91 -------------- --------------------------------------------------------------- --------------- ----------- ----------- ----------- V? 200L 619-840-011 GCODMAN FRANK R ETAL COMM-VACANT 517,712L ,000I - 18-060 M 77900 AVENUE OF THE STATES PALM DESERT, CA 9 949 ACRES NET IN LOT 19 MB 120/003 TR 13 21 344SF --------------- ----------- ----------- ----------- 619-840-012 GOODMAN FRANK R ETAL,200E COMM-VACANT 444,471E $ 10 18-060 X 77900 AVENUE OF THE STATES PALM DESERT, CA 9 $133, 00 1 .239ACRES NET IN LOT 20 MB f20/003 TR 1 .23AC i --------------- ---------------------------------------------------------------- _______________ ___________ ___________ ___________ 619-840-013 GOODMAN FRANK R ETAL COMM-VACANT $20,608L 18-060 # 77900 AVENUE OF THE STATES PALM DESERT, CA 9 510 205E 95I7 ACRES NET IN LOT 21 M8 110/003 TR 13 - -- ---- ---24,829SF f51.0001 ----------------- -------------------------- ----------- - - --------------- ---------- ----------- ----------- 619-84C-014 GOODMAN FRANK R ETAL COMM-VACANT $10,484L 18-060 # 77900 AVENUE OF THE STATES PALM DESERT, CA 9 -- 929 ACRES NET IN LOT 22 MB 120/003 TR 13 12,632SF 1 510,200E — -- - ------ ------ -- --------'--51,000I 619-840-015 GOODMAN FRANK R ETAL COMM-VACANT $1;,886L 18-060 N 77900 AVENUE OF THE STATES PALM DESERT, CA 9 .55 ACRES NET.IN LOT 23 MB 110/003 TR 13 23,958SF 10,200L -------------- --OD7 ACRES NET IN LOT 24 MB 110/003 TR 13•__________-__24ACANT --------------- ----------- __-_----_-- --__------- 151,0001 619 1840-0 8-06 6 GOODMAN FRANK R ETAL COMM-VACANT 520,6L81 18-060 p 77900 AVENUE.OF THE STATES PALM DESERT CA 9 i ------------- --------------- ----------- ----------- 10 200E 619-840-017 GOODMAN FRANK R ETAL COMM-VACANT $20,252L 543,000I 18-060 # 77900 AVENUE OF THE STATES PALM DESERT, CA 9 .56 ACRES NET IN LOT 31 MB 110!003 TR 13 24,393SF -"------------- ------------------------------"'------------------------------- --------------- ----------- ---------'_ ----------- 619-840-018 GOODMAN FRANK R ETAL COMM-VACANT 517,347E 10,240E 18-060 k 77900 AVENUE Of THE STATES PALM DESERT, CA 9 51,0001 918 ACRES NET IN LOT 32 MB 1101003 TR 13 20090 SSF — _______________________________ _______________ ___________ ___________ 619-840-019 GOODMAN FRANK R ETAL COMM-VACANT $16,993L _______ 18-060 N 77900 AVENUE OF THE STATES PALM DESERT CA 9 510 205E •47 ACRES NET IN LOT 33 MB 110/003 TR 13� 20,473SF , 3;ow I --------------- -------------------------------------------------------- -------- --"----------- ----------- ----------- ----------- (19-840-020 GOODMApN FRANK R ETAL COMM-VACANT $16,992E 18-060 # 77900 AVENUE OF THE STATES PA M DESERT, CA 9 -______ 47 ACRES NET IN LOT 34 MB 110/�03 TR 13 20,473SF --------------- --01---------------------------- --------------- ----------- ----------- ------___-- 61 9- 840-021 0 13 •S TomVELVKD r S S SATE"T UND •, R DDRESSST M (I).SDIIS(•).Oft(•1 ND LAM gNDq USE EipG. SCI.R. L DA MV .1 .f,TY1 Z" T'�- - IEGAI OESCM110N.- _ - UNDS F6T WI tuf/Ioe• n bt rwrr e...• b nI j A. Ioe.t]f0 Cu.4w. 1C0 fi:wlpp , 619-06 fcA m 1860 SEC. /O 9 //, T.SS., R. 6 E. iB62 O - 7 _ I �aw•a�r ♦ 3 am-Ivar Hai-.iar .: is�.+iw i �3112 21 w Q 7 � a :j i f \ p I PIP.,? gyp•1 1 B I wl/Y1� .rn PeLY /160.671) nvWY-s �..p/s — (,Lff8,11 I�f I►/ ! lb/RY .s ava. 7 � .O , a � + 2 Ir. 60.4241i mo MI1 A$Sava IAt Igf/f-I/Y►a/Me0/7R!/ aw.icn ASSESSZWS M4P&r 09 PG. 06 AtlV. A1f1 RIVERser coovrY, GCL(F. �W VICKOF11 tit iL BI:SHIRE NC •.......fJw 1v.n�»�uJ«..�uoi sev..ga . . n i I �i i I! hQ. � _ C� {�o-�-�-�- � Goys-e f.9 cS� • l' i i� OLT 22. to 0-5 - if ! li Ck— 1a-aloz .� _, i, I. it ll 1f_l�^Knn i PCB VAstA w L w-en-e i.,S l'r.. � �I dry`,W�s.�, L� , w> �,. 0 ��`�'1-_ -I,, r . r• L- p� . II aA I. J�' 1 I- f—l.� -ram . . QJraS D VLo Y' � AWd- i 1 o V I �p� 7. M � mn inters r5 at the Arbor q N i LO LO CD 10 cu 4 � Q a� O -ter' _�'�. _�..��:�.� .��,-���r �S -72t�%�=� � -,i��., -cam-�✓�c.s� �� �� J l �__ /�� . ����° �: , � � 2 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REQUEST FOR COMIIENTS AND CONDITIONS OF APPROVAL CASE No: PROJECT: APPLICANT: �/aGL 10AI� CON S7-R1,/r� v r4Q. Enclosed please find materials describing a project for which the-following is being requested: R N � _C �k� 74'hf47;,.e *WOtG7� 1_�t f[�rto /C'C�Q rst / /SDK .D7C PH✓/�JN — L✓d Sf,or� Lon�Cr� r✓ .9� 35Z iniit[vvry wa f s m Z7o�ne lo�g7�Ccy O"L 5 �P`aeirS /A. LJO a•/iH a llOr ?±R / Of c'x c OVA 7 r f r�90r f PS lwr f, "f�c✓/mot. ly SIPSC.,7yr�J cZ S The attached data was prepared by the applicant and is being forwarded to you for comments and recommended Conditions of Approval . The City is interested in the probable impacts on the natural environment (e.g. water and air pollution) and on public resources (e.g. demand for schools, hospitals, parks, power gener- ation, sewage treatment, etc. ) . Your comments and recommended conditions of approval must be received by this office prior to 5:00 p.m. - in order to be discussed by the Land Division Committee at their meeting of - The land Division Committee (comprised of Director o Services , f nvironmen tal City Building Official , City Engineer, Fire Marshal and a representative of CVWD) will discuss the comments and recommended conditions of approval and will forward them to the Planning Commission through the staff report. Any informa- tion received by this office after the receipt deadline will not be discussed by the Land Division Committee nor will it be forwarded to the Planning Commission for consideration. Si nce4,ny, Ramon A. i azaz Director of Environmerci Services PLEASE RETURN MAP WITH COMMENTS P ..Fill fI F1 k1j] r El El F El iffiH R . F . WATER . McO 7101 MAGNOLIA AVE.IIIMEM RIVERSIDE CALIF - 619 - 06 RJR. 5//2 SEC. /O, T55 R.6E TRQ 018- o6o 632 — 03 i 0?5- a2 •a5'L4 C O PW 6Vm-ff µ1395 I:b ..�. H Cl•~4'w•( P�[Or.l •7b.749 kew.2 I I I O4 5.1 48AcAt O ' 340SACAt' '±+��.a O 3059AcM % ® - 1 it lu I / � 1 Y 1 ! V b 1 19 40 Ac.M � <<, 40 GLAct >7 y o • =>.q: u I R 4 s - . O yes 0 j G• fEr 1 � I e, 'eo 7 584kM t^ Wit•• is o g O i 9 S46Ac AI I • IY 6N66.6e 747.Ii (0J 7 � 94 3 0/ Z OU Tf 16 /5 _.. AV 15114 052ac ve BK. PM 64166-68 P ce/ 634 Mw /3406 PM101/7-8 Fbce/Atp /7s5/ ' THIS MAP 13 FOR INFORMATION OWN AND IS NOT A PART OF THIS TITLE EVIDENCE ASSESS MAP BK 632 PG 03 3625 FOLIRTEENTH STREF3 9IVei,S1O=-. CALIFORNIA 925�PHONEb04-16013 RIVERSIDE OE COUNTY, CALhr 14 cry 5 IEL^ IN ;c AN J! aIVEMICE THE FALLS �� � BEIM6 P EQQIIYX p'iXE 9yJi1M3r va 0 �.I�X q,± ,..� :u,A % L,.; Me— i �,^�•�r \�Lrt�L f ioo v t�( LAR00� 4i a I ,_.......__.._.......PHASE 3 PHASE I ! PHASE 2 x. e..a..,�,_ia e.e—x...�w w��._ im o.—w..� ni a...y.—i.•u.w— a.........n.��_ THE FALLS DEVELOPMENT PLAN RIVERSIDE COUNTY PLANNING DEPAMMENT PROPERTY OWNERS y CERTIFICATION certify that on (print name) /a - -�the attached property owners list was pre- (Month, day, yam) pared by First American Title ins. Co. pursuant to applications requirements furnished to me by the Riverside County Planning Department. Said list is a true compilation of all property owners within 400 feet of the property involved in my application and is based upon the latest equalized assessment rolls, as indicated by the records maintained by First American Title Company of Riverside located at 3625 14th Street and is subject to current change of owners & address. I further certify that the information filed is true and correct to the best of my knowledge. I understand that incorrect or erronous information may be grounds for rejection or denial of my application. NAME First American Title Insurance Company ADDRESS 3625 14th Street Riverside, Calif. 92502 PHONE (714) M-1730 SIINATURE DATE CERTIFICATE SUBMITTED BY APPLICANT: PIQ 3 0 , 00 a �CLSE PLAN APPLICATION NO. e TO THE CITY OF PALM DESERT PLANNING COMMISSION: APPLICANT'S NAME: �A l�l �0 t� �N S l� O�I GQSUL-7-�T owner, purchaser, lessee, representative /� C-a M PR 1 Q APPLICANT'S ADDRESS: 2000 �R 1 1NCB �1 � (Z-1VY—(LJ'S\bG� Cat APPLICANT'S PHONE: L—I 1 0II//C� �I S�I �70 GI ZSo PROJECT COORDINATOR: Y�?,I nPXl� 2, IL- ih� PHONE��IIQ '^I�i3`3�5� The applicant, for the property situated at I on property zoned as ✓2 ' , being legally described on the attached form. APPLICANT'S SIGNATURE: N. NOTARIZATION OF OWNER'S PERMISSION I (we) do hereby certify, under penalty of perjury, that I (we) are the owner(s) of the real property legally described herein and hereby grant permission for which this application is made. (Signature) (Date) Please print name here) , Address City STATE OF CALIFORNIA, County of On , 19 , before me, the undersigned a Notary Public in and for the State of California with principal office in the County of , personally appeared jknown to me to be the person whose name f subscribed to the within Instrument, and acknowledged to me that executed the same. WITNESS my hand and official seal. Signature of Notary: f� Notary Public in and for the State of California APPROVAL OF SUPPLEMENTAL DECLARATION OF ANNEXATION FOR MOUNTAIN VIEW FALLS HOMEOWNERS ASSOCIATION The undersigned, being the owner of the residential lot described below and a member of the Mountain View Falls Homeowners Association, hereby consents to annexation of the real property described in Exhibit "A" attached hereto to the Mountain View Falls Homeowners Association in the manner contemplated by Section 3 of Article XVII of the Declaration of Restrictions for Mountain View Falls Homeowners Association recorded on June 19 , 1984, as Instrument No. 130398, Official Records of Riverside County, California. OWNER: PROPERTY OWNED: Lot , Tract 19847-1 (print name ) Signature Address Signature NoR.TN \ �RtSTAK LN 309 � 310 311 3(2 / 3(3 IYIOUJV /N V/F L L5 316 3t8 3i4 320 / 321 322 323 324 N N N D �X�STtNG ,SOD f�oMGS, Q � C m cc% M m m n nl m r ' f40I � f � c �T �aqD ^ � �O P In Vt 4 N s p`i 10 (n 4 d �O 7�o 84C- ,QMMC'(E.p HOv E LY (...A r►E —� 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 June 6, 1 88 CITY OF PALM DESERT LEGAL NOTICE MOUNTAIN VIEW FALLS AFFORDABLE HOUSING DEVELOPMENT AGREEMENT CASE NO. DA-2 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Council of the City of Palm Desert, California, to consider a request by DOUGLAS BUILDING SYSTEMS for approval of amendments to or the possible voiding of the existing development agreement specifying terms and conditions for the marketing and sale of residential condominiums in the Mountain View Falls development located east of Cook Street and north of Hovley Lane. M W ) RUNNING SPRING 0 4 RpHNING SP_RIN P.R.-5 s.P.. 0 1z 0, P.R !- ' SOUTIIERLY PARCEL �..X, o S.I., S.P. !F r I Si JAMEs PL A.H.D. aver `A P.R. 10 — 18 SAID public hearing will be held on Thursday, June 23, 1988, at 7:00 p.m. In the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all Interested persons are invited to attend and be heard. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council ) at, or prior to, the public hearing. PUBLISH: 'Desert Post SHEILA R. GILLIGAN, City Clerk June 10, 1988 City of Palm Desert, California I A G R E E M E N T THIS AGREEMENT is made this �day of April , 1988 , by and between Mountain View Falls Homeowners Association, a California non-profit mutual benefit corporation ( "Association" ) and Douglass Building Systems, a California corporation ( "Developer" ) , with reference to the following: A. Developer has acquired or is in the process of acquiring an option ( "Option" ) to purchase 6 . 58 acres of real property depicted as Tract 19847-6 on Exhibit "A" attached hereto and identified as "Remainder" on Exhibit "B" attached hereto ( "Annexable Property" ) . The Annexable Property is currently unimproved but Developer intends to construct 44 residential units and related common area improvements thereon. B. The Annexable Property is located adjacent to the real property depicted as Tract 19847-1 on Exhibit "A" attached and legally described on Exhibit "C" attached ( "Phase I Property" ) . The Phase I Property is currently improved with 100 existing residential units and related common area improvements. The Phase I Property is under the jurisdiction of Association pursuant to a Declaration of Covenants, Conditions and Restrictions for Mountain View Falls Homeowners Association recorded on June 19 , 1984 as Instrument No . 130398, Records of Riverside County, California ( "Declaration" ) . The Annexable Property constitutes a portion of the property originally contemplated for annexation to the jurisdiction of the Association, pursuant to the Declaration. C. Developer now desires to acquire the Annexable Property, to construct 44 homes and related common area improvements thereon, and to annex same to the jurisdiction of the Association, upon the terms and conditions set forth herein. NOW THEREFORE, it is agreed as follows: 1. Approval by Members. As expeditiously as possible subsequent to the execution of this Agreement, Association shall attempt to obtain approval in writing of at least two-thirds ( 2/3 ) of its members to annex the Annexable Property, in the manner described in Article XVII Section 3 of the Declaration. 2 . Approval by City. As expeditiously as possible subsequent to the execution of this Agreement, Developer shall attempt to obtain approval by the City of Palm Desert ( "City" ) to record a final subdivision map on the Annexable Property, legally dividing it into 44 residential lots and one or more common area lots. 3 . Recordation of Declaration of Annexation. If the approvals described in Sections 1 and 2 above have been obtained within 90 days- after the date of this Agreement, Developer shall exercise the Option and purchase the Annexable Property; as soon as reasonably practical thereafter, Developer and Association shall execute, acknowledge and record a Supplemental Declaration of Annexation in the form of Exhibit "D" attached. If either of the approvals described in Sections 1 and 2 above has not been obtained within said 90 day period, this Agreement and the rights of the parties hereunder shall, unless otherwise agreed in writing, terminate in the manner described in Section 7 below. -2- 4 . Development of Annexable Property. Subsequent to the recordation of such Supplemental Declaration of Annexation, Developer shall develop the Annexable Property, in accordance with the following: A. Developer shall construct 44 residential lots with residential units thereon. The exterior architectural style and appearance of the residential units will be similar to that of the existing residential units on the Phase I Property. There will be eleven ( 11) two ( 2 ) story buildings, each housing four ( 4 ) residential units, two of which will be two ( 2 ) bedroom 991 square foot units, and two of which will be three ( 3) bedroom 1288 square foot units . Association acknowledges having previously received and approved plans and specifications for said residential units and agrees that no further review of same shall be required by Association or the Architectural Review Committee of Association. B. Developer shall also construct the following common area improvements : ' One ( 1 ) swimming pool and one ( 1 ) spa, each at least of the same dimensions as the swimming pool and spa currently existing on the Phase I Property, and, if allowed by the City, one ( 1 ) tennis court. The swimming pool, spa and tennis court shall be located in the general area indicated on Exhibit "A" attached. Association acknowledges having previously received and approved plans and specifications for all common area improvements and agrees that no further review of same shall be required by Association or the Architectural Review Committee of Association. -3- 1 5 . Proposed Wall . Association represents that it currently holds contractual rights from The Lakes Country Club ( "Lakes" ) , pursuant to which the Lakes has agreed to construct a block wall where indicated on Exhibit "A" attached ( Proposed Wall" ) or, in lieu thereof, to pay Association a sum of money equal to the cost of constructing the Proposed Wall. As a fair exchange for Developer agreeing to construct the swimming pool, spa and, if allowed by the City, the tennis court in the manner described in Section 4 .B. above, Association agrees to and shall, effective upon recordation of the Supplemental Declaration of Annexation described above, waive any and all contractual rights to have the Proposed Wall constructed, or to receive any payment in lieu thereof. 6. Limit on Developer' s Obligations . Association acknowledges and agrees that Developer shall have no obligation whatsoever with respect to any improvements previously constructed on Phase I ; Developer ' s only obligation shall be to construct improvements on the Annexable Property in the manner described above. 7 . Budget Approval. Association acknowledges that as part of the development of the Annexable Property, Developer will be obligated to submit a budget ( "Consolidated Budget" ) to the Department of Real Estate ( "DRE" ) which consolidates the existing budget for the Phase I Property with the proposed budget for the Annexable Property. Association agrees to work and cooperate with Developer in connection with creating and obtaining DRE approval of same. Association specifically agrees that any Consolidated -4— Budget which shows a monthly per lot assessment equal to or less than the existing monthly per lot assessment for the Phase I Property shall be deemed acceptable and approved. 8 . Termination. This Agreement shall be terminated and become null and void upon the occurrence of any of the following: A. Failure to obtain either of the approvals described in Sections 1 and 2 above within 90 days after the date of this Agreement. B. Failure of Developer to obtain the Option within 90 days after the date of this Agreement. 9 . Other Documents. Each party agrees to do and per- form any and all acts and to execute, acknowledge and record any and all documents reasonably necessary or expedient to effectuate the intents and purposes of this Agreement. Association specifically agrees to supply and/or execute any documents reasonably required by the DRE in connection with Developer' s application to the DRE for a Final Subdivision Report covering the Annexable Property. Each party further agrees to act in good faith and to exert best efforts in connection with performing and/or effectuating its duties and obligations as specified herein. 10 . Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the matters contained herein. Each of the parties agrees that there are no other representations or agreements, oral or written, other than -5- as set forth herein and that this Agreement may be amended only by an instrument in writing, duly executed by both of the parties. 11. Time of Essence. Time is specifically declared to be of the essence of this Agreement and each and every provision hereof. 12 . Captions. The captions, titles and/or headings used herein are for convenience only and shall not be used to modify the content of language contained thereunder. 13 . Attorneys ' Fees. In the event of any litigation arising out of or relating to this Agreement, the prevailing party in such litigation shall be entitled, in addition to any other relief the court may award, to reasonable attorneys ' fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and made it effective as of the day and year set forth above. AS OCIAT 0 By: President By5;� C4 • ds� SecretAry DEVELO By: r sident o By: ( tC�� l . Secretary -6- WRJ-6 _ V \ TR1STAx LN, 30q 310 'III 312 MOUIVal)v U/FYY L L5 3 I!o 317 Ste 3i4 320 / 321 322 323 ' I I 324 1 l�v N N liv � �X�ST7NG /OD f�oML'S, � 1 tcl T N�� Prot �W 4d n%~j ��'•n�N � � �� TAcr /9647- 'v TENNIS L�Oi1G-T �� 44 ONES o 7E BC An/NC�(Ep '� _ Hov E L.r ConsYrlinq Engineers IN THE CITY OF PALM DESERT I EXHIBIT RB" SHEET I OF SHEETS PARCEL MAP NO. 23287 PARCEL 9 OF PARCEL MAP/i PM 61/66EB AND PARCEL t OF COUNTY OF RIVERSIDE.STATE CTI FORNU.S S..R.6 E,S.B.B 6 M. RECORDER'S CERTIFICATE nlprM,arm•' --bAtb~ wtuwt -'mw woan MARCH 1886 N.J.,mrw.w/n.wmu. uwNE R'S CERTIFICATE CIVIL ENGINEER'S CERTIFICATE M,----- wt_ w43rlwDCM of I+O Dp.nrlV L./fM..OR rM rrY W.Y � ypJYilyYyru v.wJfiM.A. rYr/ d� M.S�Or CnrYx�ArYnSWr Orµrl4rM wlltrawcr`rMYxw.r/M.wW1.w..11,pYti. •r.i x�i YOr+o r Wrr/ w rwCOo./o rwl urW.rulro—. 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I DETAIL C ROvIEv LANE . 1 EXHIBIT 'C' LEGAL DESCRIPTION OF PHASE I PROPERTY All lots (residential lots and common area lots) in Tract 19847-1, as shown by map recorded on June 1, 1984, in Book 140, of Maps, pages 94 through 99, inclusive, Records of Riverside County, California. EXHIBIT "D" RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: BEST, BEST & KRIEGER (WCE) 600 E. Tahquitz Way Palm Springs , California SUPPLEMENTAL DECLARATION OF ANNEXATION FOR MOUNTAIN VIEW FALLS HOMEOWNERS ASSOCIATION THIS SUPPLEMENTAL DECLARATION OF ANNEXATION is made this day of , 1988, by MOUNTAIN VIEW FALLS HOMEOWNERS ASSOCIATION, a California non-profit mutual benefit corporation ( "Association" ) , and DOUGLASS BUILDING SYSTEMS, a California corporation ( "Developer" ) , with reference to the following facts: A. On or about June 19 , 1984 , a Declaration of Covenants, Conditions and Restrictions for Mountain View Falls Homeowners Association ( "Declaration" ) was recorded as Instrument No. 130398, Official Records of Riverside County, California . B. Section 3 of Article XVII of the Declaration provides as follows: "Upon approval in writing of the Association, pursuant to the two-thirds majority vote of members other than Declarant, any person who desires to add property other than the property described in Exhibit "B" to the plan of this Master Declaration and to subject such property to the jurisdiction of the Association, may record a Supplemental Declaration. The approval requirements of this section shall also apply to the property described in Exhibit "B" subse- quent to the expiration of Declarant ' s uni- lateral power to annex such property to the plan of this Master Declaration as described in Section 2 above. " C. The real property described in Exhibit "D-l" attached hereto ( "Annexable Property" ) constitutes a portion of property originally described in Exhibit "B" to the Declaration. Said Annexable Property was not annexed to the Association prior to the expiration of Declarant'-s unilateral power to annex, -and is now subject to annexation only in compliance with the requirements of Section 3 of Article XVII of the Declaration. D. Developer is the current owner of the Annexable Property and desires to annex same to the Association pursuant to said Section 3 of Article XVII of the Declaration. E. Prior to the date of this Supplemental Declaration, pursuant to a two-thirds majority vote of members of the Association other than the Declarant, the Association approved in writing annexation of the Annexable Property. NOW, THEREFORE, Association and Developer declare as follows : 1 . Pursuant to the terms of Section 3 of Article XVII of the Declaration, Developer hereby annexes the Annexable Property to the Association and Association hereby consents and agrees to such annexation. Subsequent to recordation of this Supplemental Declaration of Annexation, the Annexable Property shall be held, sold, leased, transferred, occupied and conveyed subject to the terms, provisions, covenants, conditions, restrictions and easements of the Declaration, and this Supplemental Declaration-of Annexation. 2 . Regular and special assessments provided for in the Declaration shall not commence as to residential lots in the Annexable Property until the first day of the first month following the conveyance of the first residential lot to be conveyed in the Annexable Property by Developer, or Developer' s successor in interest, to the purchaser thereof. 3. 'Effective as of the commencement of assessments as provided above, membership in the Association shall be expanded to include all of the owners of residential lots in the Annexable Property, including Developer, and each of said owners shall be entitled to each of the rights or privileges and benefits of an owner, as provided in the Declaration, and shall be obligated to comply with each of the obligations and responsibilities of an owner, as provided in the Declaration. -2- IN WITNESS WHEREOF, Association and Developer have executed this Supplemental Declaration of Annexation this day of 1988. ASSOCIATION: MOUNTAIN VIEW FALLS HOMEOWNERS ASSOCIATION, a California corporation, By: President By: Secretary DEVELOPER: DOUGLASS BUILDING SYSTEMS: By: President By: Secretary STATE OF CALIFORNIA ) ) ss . COUNTY OF RIVERSIDE ) On before me, the undersigned, a Notary Public in and for said State, personally appeared and , personally known to me ( or proved to me on the basis of satisfac- tory evidence) to be the persons who executed the within instru- ment as President and Secretary, on behalf of MOUNTAIN VIEW FALLS HOMEOWNERS ASSOCIATION, a California corporation, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors . WITNESS my hand and official seal. STATE OF CALIFORNIA ) )ss . COUNTY OF RIVERSIDE ) On before me, the undersigned, a Notary Public in and for said State, personally appeared and , personally known to me (or proved to me on the basis of satisfac- tory evidence) to be the persons who executed the within instru- ment as President and Secretary, on behalf of DOUGLASS BUILDING SYSTEMS, a California corporation, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. H HiT — SHLET I OF 2 SHEETS - i.L,ra_wny Engineers IN THE CITY OF PALM DESERT PARCEL MAP NO. 23287 PARCEL 2 OF PARCEL MAP//\3gg n6 PM "' 66R AND PARCEL 4 OF C.IFICEIOUNtt MAP OF RIVERSIDE.STATE OF$CALIFORNI�S S,R 6 E S B B E M RECORDER'S CERTIFICATE llRea u nrw.,' MARCH I BBtl ra,L.ewr cu.r.wLuo. n swr. f10i N 5 CEATFICATE CIVIL ENGINEER'S CERTIFICATE ti .,L Hu �� � ,Yb,�ri,�. 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THERMOCRETE STRUCTURES '"" DOUGLASS BUILDING SYSTEMS 68-895 Perez Road #21 License No. 493622 Cathedral City, CA 92234 as9 1 (619) 328-9192 April 25, 1988 APR 2 6 1988 COMMUNITY DEVELOPMENT DEPARTMENT CITY Of PALM DESERT Mr. Ray Diaz Director of Community Development & Planning City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Re: Mountain View Falls Tract 19847-6 44 Dwelling Units Dear Mr. Diaz: Enclosed for your records is a signed original Agreement between the Mountain View Falls Homeowners Association and Douglass Building Systems, Inc. for the annexation of the 44 dwelling units in this tract to that Association. This Agreement must be validated in writing by 2/3rds of the members of the Association within the next 90 days. Solicitation of those signatures is being aggressively pursued by members of the Board. This company is now proceeding with the preparation of the final map to submit to you for approval. Very truly yours, ohn C Q ougl Jr. President JCD/nl Encl. 'f C $�u� off' Uj r, a :1lDc!s�grx�3_m-a. 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 June 6, 188 CITY OF PALM DESERT LEGAL NOTICE MOUNTAIN VIEW FALLS AFFORDABLE HOUSING DEVELOPMENT AGREEMENT CASE NO. DA-2 NOTICE 15 HEREBY GIVEN that a public hearing will be held before the City Council of the City of Palm Desert, California, to consider a request by DOUGLAS BUILDING SYSTEMS for approval of amendments to or the possible voiding of the existing development agreement specifying terms and conditions for the marketing and sale of residential condominiums In the Mountain View Falls development located east of Cook Street and north of Hovley Lane. �^ I I.L L NHING SPRING U .Y � RUNNING S P R I N n lvE I i ! S.P. �� II � ry . \ \ •�W 45 v' SOUTHERLY PARCEL y�! tea/ .> 9 m •r S.P. (�'/.. ;` A.H.Q. !z Ir 10 P.R.- 18 <_ SAID public hearing will be held on Thursday, June 23, 1988, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. if you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council ) at, or prior to, the public hearing. PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk June 10, 1988 City of Palm Desert, California �..J _ `y_✓ 11. ORDINANCE NO. 364 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MARKETING AND SALE OF AN APPROVED 352 UNIT CONDOMINIUM PROJECT GENERALLY LOCATED EAST OF COOK STREET NORTH OF HOVLEY LANE. CASE NO. DA-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of March, 1984, hold a duly noticed public hearing and a continued public hearing on " March 22, 1984, to consider a request by TAVAGLIONE CONSTRUCTION COMPANY for approval of a development agreement specifying the terms and conditions for the marketing and sale of an approved 352 unit condominium project generally located east of Cook Street north of Hovley Lane. WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, in that the director of environmental services had determined the project has been assessed in connection with previous approvals and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments of all persons desiring to be heard, said city council did find the following facts and reasons to exist to approve the development agreement. 1. The proposed development agreement is consistent with the General Plan Zoning Ordinance and specifically implements policies contained within the Housing Element. 2. The proposed agreement will facilitate the production of housing affordable by moderate income households. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby approve DA-2 as described in Exhibits "A" for reasons set out in the staff report and this resolution. 3. The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this Ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, held on this 12th day of April, 1984, by the following " vote, to wit: AYES: JACKSON, KELLY, PULUQI, AND SNYDER NOES: NONE ABSENT: WILSON ABSTAIN: NONE .r WALTER H. SNYDER ayor ATTEST: SHEILA R. GILLIGANkZity Clerk City of Palm Desert, talifornia Am. ') P P l 3 J 10 LOghj ri4y K-vi9 � GsAJ T�Bp 'r N 9i9 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORN[A 92260 TELEPHONE(619)346-0611 May 20, 1988 CITY OF PALM DESERT LEGAL NOTICE MOUNTAIN VIEW FALLS AFFORDABLE HOUSING DEVELOPMENT AGREEMENT CASE NO. DA-2 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm • Desert Planning Commission to consider a request by DOUGLAS BUILDING SYSTEMS for approval of amendments to or the possible voiding of the existing development agreement specifying terms and conditions for the marketing and sale of residential condominiums in the Mountain View Falls development located east of Cook Street and north of Hovley Lane. ' o CIRCLE c I� W sA�E RUNNIMG SPRING U . Y RUNNING SPRIIII P.R.-5 S.P. IN I __JI I Y SOUTHERLY PARCEL , ` Q 1IN A.H.D. `fir ,. P.R.-18 i; 0 � a -- _ CDIJNTY !1F A FA C �._y��•y SAID public hearing will be held on Tuesday, June 7, 1988, at 7:00 p.m. In the Council Chamber at the Palm Desert Civic.Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are Invited to attend and be heard. If you challenge the proposed actions in court, you may be limited to raising only those Issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council ) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary May 2.7, 1988 Palm Desert Planning Commission _FLR V� DE OPM NT COORDINATING CENTER Single Family Dwelling ` DATE Name %���! �—V6 V j`��Prione� 3vLi'41 �'t/ Job Address fV� APN Case # _ OWNER/CONTRACTOR I ^u' ��� v✓�_� ADDRESS PHONE V40 t DEPT. USE ONLY ALL APPROVALS MUST BE CHECKED PRIOR Bldg. Dept. TO ISSUANCE OF SFD BUILDING PERMIT PLAN CHECK FEES $ .9 e BUILDING PERMIT $ PLANNING DEPT. CONST. TAX $ R(140 ❑ PUBLIC WORKS ORD. 266 $ 9 ©0°w ❑ SCHOOL TAX FEE MICRO FILM $ ❑ LIZARD FEE JVF q $ ElBUILDING DEPT. q PUBLIC WORKS VALUATION SUMMARY GRADING PERMIT $ 1st FLOOR iq U]AM? [I]$ (^ is �8 2nd FLOOR U]@ $$ SIGNALIZATION $ GARAGE 40 U]@Ast U]$ erg PLAN CHECK $ PATIO COVER (P@ []$ FLAT WORK ro© U]@ ",/ IV$ -/,gt>.00 ENCROACHMENT PERMIT $ BLOCK WALLS U]@ U]$ RET WALLS U]@ U]$ _ INSPECTION FEE $ Misc. N®� � 1i� - nt! [p$ �� � vc) r TOTAL VALUATION $ _ �„ DEVELOPMENT COORDINATING CENTER Single Family Dwelling DATE a (Y — Name - emS Phone Q�11j Job Address APN Case # OWNER/CONTRACTOR �'� ADDRESS lJ_L t PHONEti —IV DEPT. USE ONLY ALL APPROVALS MUST Bldg. Dept. BE CHECKED PRIOR TO ISSUANCE OF SFD BUILDING PERMIT PLAN CHECK FEES $ � � BUILDING PERMIT $ 1 ❑ PLANNING DEPT. CONST. TAX $ � ❑ PUBLIC WORKS ORD. 266 SCHOOL TAX FEE MICRO FILM $ `✓ y� ❑ LIZARD FEE JVF $ �� ` ❑ BUILDING DEPT. � tk: > PUBLIC WORKS VALUATION SUMMARY %� GRADING PERMIT $ 1st FLOOR Iv �� �Q]$ ��Vll O60 2nd FLOOR fpp M$ SIGNALIZATION $ GARAGE (Z_tppL o PLAN CHECK $ PATIO COVER [p@ p$ 00 FLAT WORK IV O—tpp ENCROACHMENT PERMIT $ BLOCK WALLS q7@ Ip$ INSPECTION FEE RET WALLS �� .��I+V@ [p$ $ MISC),d-iC**w� �ms TOTAL VALUATION $ ����� POST OFFICE BOX 1977, PALM DESERT, CALIFORNIA 92261 TELEPHONE (619) 346-0611 NEGATIVE DECLARATION Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. Case No: TT 19847 and PP 27-83 Applicant/Project Sponsor: TAVAGLIONE CONSTRUCTION COMPANY 9000 Arlington Avenue Riverside, California Project Description/Location: 352 condominium planned development on 56.4 acres located north of Hovley Lane east of Cook Street. The Director of the Department of Environmental Services, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant of ts, may also be found attached. rA A. DIAZ TE /3 Director of Environmental Services RAD/tm CASE ETO, 5a,� ENVIRON!iE`ITAL SERVICES DEPT. 11'TITIAL STUDY E"YVIR01'13IEivTAL ALUATIOU CHECK LIST NOTE: The availability of data necessary to address the topics listed below shall form the basis of a decision as to whether the application is considered complete for purposes of environmental assessment. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers , possible mitigation measures and comments are provided on attached sheets) . , Yes Maybe No 1 . Earth. Will the proposal result in: a. Unstable earth conditions or in changes in . geologic substructures? — ✓ b. Disruptions , displacements , compaction, or overcovering of the soil ? c. Change in topography or ground surface relief features? d. The destruction , covering , or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils , either on or off the site? 2• Air. Will the proposal result in : —� a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors ) c. Alteration of air movement , moisture , or temperature , or any change in climate, either locally or regionally? — — / 2. 3. Water. Will the proposal result in: Yes Maybe No a-, Changes . in current direction of water or the Bourse or 1 ` ' movements? b. Changes in—absorptIon rates , drainage r _ e patterns, or the rate and amount of surface water runoff? C. Alterations to the course or flow of _ r flood waters? d. Alteration of.the direction or rate of flow of ground waters? e. Change in the =� either through gdirectyadditionsdora with- drawals, or through interception of an aquifer by cuts or excavations? f. Reduction in the amount of water other- L", wise available for public water supplies? 4 Plant Life. Will the proposal result in: ✓ a. Change in the diversity of species or numbers of any species of plants , (including trees , shrubs , grass , and crops )? b. Reduction of the numbers of or endangered species of any�unldue, rare, plants . , c. Introduction of new species of plants into an area , or in a barrier to the normal replenishment of existing species? 5. Anima_ lie. Will the proposal result in: a. Changes in the diversity of species, or numbers of any species of animals (birds , land animals including reptiles , or insects)? b. Reduction of the numbers of any unique , rare, or endangered species of animals? C. Introduction of new species of animals ✓Into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing •,ildlife habitat ? �/ ✓ 4. Yes Maybe No 14. Emolo ent. Will the proposal result in additions new long-term jobs provided, or a change in the number and per cent employed, unemployed, and underemployed? IS- Housing. Will the proposal result in: a. Change in number and per cent of housing units by type (price or rent range, zoning category, owner-occupied and rental , etc. ) relative to demand or to number of families in various income classes in the City? _ _ ✓ b. Impacts on existing housing or creation of a demand for additional housing? 16. TransOOrtation/Circulation resut in: . Will the proposal ✓a . Generation of additional vehicular movement? w _✓ b. Effects on existing parking facilities , or demand for new parking? c. Impact upon existing transportation systems? _ d. Alte-ations to present —� or movement of people and/orrgoods?ns of circulation e. Increase in traffic hazards to motor vehicles , bicyclists , or pedestrians? 17 . Public Services . Will the proposal have an effect ✓ upon , or result in a need for, new or altered governmental services in any of the following areas : a. Fire protection? b. Police protection? J c. Schools ? d. Parks or other recreational facilities? e. Maintenance of public facilities , including roads? _• v f. Other governmental services? r" C 5. 18. Public Fiscal Balance Will the Yes Maybe No result in a new age in proposal flow (revenues less operating expenditures government fiscal and annualized capital expenditures)? 19' Utilities Will — need or�eY� the proposal result in a followin systems , or alterations to the g utilities: a. Power or ~ natural gas? b. Communications system? C. Water? ✓ d. Sewer or septic tanks? =� e. Storm water drainage? f. Solid waste and disposal? =� 20. Human Hea Will the proposal result in: a. The creation of any health hazard or Potential health hazard? b. A change in the level care provided? of community health ✓21 . Social Services . Will the proposal result ✓ an Will demand for provision of g in eneral social services? 22. Aest=,*�s Will the proposal result in: ✓ a . Obstruction of any scenic vista or view open to the public? b.. The creation of an aesthetically offensi ✓ ' site open to public view? ve c. Lessening of the overall neighborhood =� (or area ) attractiveness and uniqueness? Plea aptness , 23. Light, and Glare. Will the proposal produce ✓ g are. 24 . Archeological/Historical . resu t in an a Wi11 the proposal archeological orehistoricala significant object, or building, site, structure, L/ �I 6. Yes Maybe No 25. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment or to curtail the diversity in the environment? ✓ b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future. ) c. Does the project have impacts which are indi - vidually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant. ) d . Does the project have environnental effects which will cause substantial adverse effects on human beings , either directly or indirectly? initial Study Prepared By: �� �( ENVIRONMENTAL ASSESSMENT CHECKLIST EXPLANATION OF MAYBE RESPONSES CASE NOS. TT 19847 and PP 27-83 5.b ANIMAL LIFE: Development of the site will destroy the blow sand habitat of the "Threatened" fringed-toad lizard. As a mitigation measure, the developer will contribute $42,000 to the Fringed- Toad Lizard Fund for the purpose of purchasing and preserving critical habitat north of Interstate 10. 4 TNERMOCiRETE STRUCTURES TM' DOUGLASS BUILDING SYSTEMS 68-895 Perez Road #21 License No. 40622 Cathedral City, CA 92234 (619) 328-9192 May 20, 1988 Stephen R. Smith Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Mountain View Falls Dear Steve: Enclosed for your use are two sets of mailing labels addressed to the homeowners at Mountain View Falls. We understand that you are going to mail Notices of Public Hearings to -these owners regarding the proposed sales prices stated in our letter to the Planning Commission dated May 19th. Ver truly yours, ohn C. Douglass, Jr President JCD/nl Encl. I Nick Tavaglione CONSTRUCTION August 6, 1984 �(✓t5 '� � ' ElVVJR0lVA4rrV 91984 City of Palm Desert CITY y of PA�Mt�E ERcES Palm Desert, California Attention: Phil Drell RE: Mountain View Falls Tract No. 19847-1 Dear Phil: As per our agreement with the City of Palm Desert this is to inform you that official sales began on June 21, 1984, the date that we received our Final Public Report from the Department of Real Estate. As per our agreement with the City of Palm Desert, the ninety day period offering 25% of the project to the Target Group expires after September 10, 1984. Since �� � Jo Tate 9000 Arlington Avenue • Riverside, California 92503 • (714) 687-5770 VISTA DEL MONTANAS TAVAGLIONE CONSTRUCTION COMPANY HOMEOWNERS' ASSOCIATIION BY �L �dc1� n.;U& - BY: resident NICK TAVAGLIONE ` l I BY: X 2,a,( Secretary -37 CAT. NO. NNO0634 TO 1950 CA(7-82) (Witness—Individual) TITLE INSURANCE AND TRUST ISTATE OF CALIFORNIAwncoR WMPMY COUNTY OF Riverside } SS. On January 16 , 1984 before me, the undersigned, a Notary Public in and for said State, personally appeared WAYNE S . GURALNICK personally known to me to be the person whose name is subscribed to the within Instrument,or proved.-cr. a be such by the oath of a credible witness who is personally known to me, as being the subscribing Witness w thereto, said subscribing Witness being by me duly sworn, zdeposes and says: That this witness resides in i Palm Desert . California and that said witness was present and saw =PUBUC SEAL w ELAINE I. KAPLAN SEAL OM1I personally known to said witness to be the same person CALIFORNIfsdescribed in and whose name is subscribed to the within OUNTYand annexed Instrument as a party thereto, execute and Sept 6, 1986 deliver the same, and that affiant subscribed his/her name to the within Instrument as a Witness. WITNESS m hand and official seal. .Signed C'�-L�Y (This area for official notarial seal) zn a rumpton CAT. NO. NNO0634 --- TO 1950 CA(7-82) ` (Witness—Individual) TITLE INSURANCE ` AND TRUST STATE OF CALIFORNIA j wncoR MUPANY ICOUNTY OF Riverside y SS. On January 16 , 1984 )before me, the undersigned, a Notary Public in and for - said State, personally appeared WAYNE S . GURALNICK personally known to me to be the person whose name is subscribed to the within Instrument, or proved to be such by the oath of a credible witness who is personally known to me, as being the subscribing Witness w thereto, said subscribing Witness being by me duly sworn, --- _ deposes de and say s That this witness resides in F Palm Desert, California and that said witness was present and saw w LOIS MALL -- --- OFFICIAL SEAL personally known to said witness to be the same person LINDA M. CRUMPTON described in and whose name is subscribed to the within NOTARY PUBLIC-CALIFORNIA and annexed Instrument as a party thereto, execute and RIVERSIDE COUNTY deliver the same, and that affiant subscribed his/her My Comm. Expries Sept 6, 1986 name to the within Instrument as a Witness. WITNESS my_hand and official seal. Si ed n a r umpton C (This arcs for official notarial seal) 34) 442 Swan Blvd. Ileerfi.el. d , IL... 60015 / C & A Broussi.nos ( 11 ) 3171 Milton Street jPasadena , CA 9110*7 / Lyle/Janet HLArden (7C3) a606 Loma Vista Street. Pasadena , ;CA 9110:1 Ronald (,alal:.-,rl] r Christ Calabro (02) 1354 Maywood Avenue r� Upland , CA 91.786 Fred/Rose Calkins (66) Garcia/Munoz (004) 2700 Vista Grande NW,# 5.—., 1. 120 E. Las Tunas Dr. ,1#h4 San Gabriel , CA i'1.7;�a Al.hurgr_ir: r Cltae, NM377.'.?!> Anita E. Carey (91 ) B. Anderson 399 Tarns Lane 9509 Pali Avenue Palm Desert , CA 92260 _l.0 unga ., CA 91042 Barclay I=tal . Jeffrey C.:arlovsky (64) (48) Eloise C:ar-lovsky 47.62 Manchester :1. 1.76 Lupine Hills Drive P(i.+✓v-•rs,i.dc-i, CA 9250 .- r. Vista , CA 9:2 8--*i Robert. Barco (77) Anthony Cherry Barbara rcarc:o 2E30:' Arizona r^r✓c=.. , t#:Lti P. O. :Box 3095 ';ante: Monica, 90404 CA Palm Desert , CA. 9226:1. �^* Chester E. Ccayli. sts,Sr., Tony/Diane Cisneros (35) 2S1 Tava Lane Palm Desert , CA 92.::`.60 41 'T ar✓e� Lane ' Palm Desert , CA 92260 Walter/Li. lia Ioc=tLger (21 ) r, Ouistherg/ Colucci. ,Jr. 269 Ta+✓a Lane - ) - r+ Long Beach ., CA 90808 Santor/ Bonanno Thomas Cox (S0) Danett.e. Cox (63) 6445 Whitaker Ave. IS (.heeler °•San Nuys, CA 91406 IrvinE=_ , C:Fa 927 :70 Q ----- g M/M Jack Cummings ( 1.3) � Cummings/Travi -, 30510 Morning View Drive Malibu, CA ',0263 6 �, Goodman Robert L. Cummings (57) Goodman (39) 2249 Montrose le. 012 287 Tava Lane Montrose, CA 4 J20 Palm Desert , CA 92260 M/M Robert Goodman q50) Lee/Teri Delmonico 23449 Lyman Blvd,, ( 15) Shaker Heights, OH 44120 288 Tava Lane Palm Desert , CA 92260 Danny C. Griffiths (69) Robert Dorane 3116 Woodbine Road -Connie Dorane (30) Orange, CA 92667 9222 La Docena Pico Rivera , CA 90660 Virgil /Nancy Hall (33) Richard/Jane Douglass (22) P. 0. Box 547 271 Tava Lane Palm Desert , CA 92261, Palm Desert , CA 92260 Marita A. Hanna (29) Barbara Dunlap (41 ) 300 Tava Lane 308 Tava Lane Palm Desert , CA 92260 Palm Desert , CA 9220) Irvin J . Hallman (20) Harold Edelstein (62) 267 Tava Lane 11778 Wilshire Blvd. ,0607 Palm Desert , CA 9220) Los Angeles, CA 90025 W & L Hogis (OB) Shapiro Family Trust 1517 E. Franzen Avenue Richard Shapiro M. D. (74) Santa Ana, CA 92701 941 Vista Del Monte Way El Cajon , CA 92020 Leo/Murial Horowitz (46) Joe/Jacuelin Ferrell ( 16) 1828 Holmby Ave. ,#202 1018 Duncan Avenue Los Angeles, CA 90025 Manhattan Beach , CA 90266 john/Lucy Howell (54) Louis Forlano (90) Burns/Howell /Huntzinger/WeinsteAri 2815 Joaquin Drive, 4001 S. El Molinc) Burbank , CA 91504 Pasadena,, CA 91106 Satish K. Jain (47) William P: Frenken (72) Chandra Jain Marcella Frenken 2044 Santa Anita Avenue 1721 Como Drive Placentia, CA 92670 El Cajon , CA 92020 Lyle/Donna Jensen M/M Walter Best (09/19) (31 /84) 14628 Addison Street 2179 Timberline Road Sherman Oaks, CA 9145', Carlsbad , CA 92008 Michael Jones M/M Douglas Gilchrist (517 Shirley Jones (05) P. O. Box 21533 814 E. Brockton Avenue Salt Lake City, UT 94121 Redlands, CA 92373 Lmcille MacEwan (28) Belle Jurman C17) 299 Tava Lane 1020 Oxford F d Palm Desert , CA 92260 San Marino, CH 91108 Dr. William Mackie Albert Karsa Phyllis Mackie (39) (06/95/95) 450 Arcadia Drive P. O. Box 1069 San Pedro, CA 90731 Los Angeles, CA 90078 William/Mary Madansky R. R. & Elaine Kellog (94) 9) 3200 Maplewood Avenue 263 Tava Lane Los Angeles, CA 90066 Palm Desert , CA 92260 Frank/Anne Magnolia (45) John/Corrine Kenna (68) 3601 Thorndale Road 443 Tava Lane Pasadena, CA 91107 Palm Desert , CA 92260 Irwin/Judy Mandel 456) Diane M. Kosycarz (79) 6317 Caminito Estr .. 421 Tava Lane San Diego, CA 92120 Palm Desert , CA 92260 Joseph Marangelli James Kramer Antonia Maraneglli (42) Darlene Kramer (97) 6040 Carol Ave. 8620 Edgehill Court Cucamonga , CA 91701 El Cerrito, CA 94530 derome/Pearl Marcus (07) Paciero/ Lacasse (61 ) 272 Tava Lane 2516 Davis Place Palm Desert , CA 92260 Costa Mesa , CA 92627 Ron Marmer Alexis Larson (49) V. P. Reo Imperial Bank 301 Tava Lane 9920 La Cienega Blvd. Palm Desert , CA 92260 Inglewood , CA 90301 Ray/Evelyn McBurney Joseph Laurie. (03) Martha Laurie (09) 264 Tava Lane 317 Tava Lane Palm Desert , CA 92260 Palm Desert , CA 92260 T & j McMurray (25) Joanne Leduman (65) 9902 Arradell. 449 Tava Lane Ti.co Rivera , CA 9066Ci Palm Desert , CA 92260 John A. ' Morran (88) Joseph Liddy 921 Peninsula Drive Jeanne Liddy (36) Ventura , CA 93003 283 Tava Lane Palm Desert , CA 92260 Jack Murphy David Scott Lumpkin ( 10) Roseann6 Murphy (43) Jacolyn Downer-Lumpkin 312 Tava Lane 27B Tava Lane Palm Desert , CA 9226Q Palm Desert , CA 92260 Louis/Laura Neistadt (26) homas H . Rogers (96) P. O. Box 459---,� 03 Tava La, Palm Desert , CA 92261 calm Desert , CA 92260 Donald Nelson )avid/Jean Romig (87) Carol Nelson (91 ) 515 East 11th Street 72-278 Barbara Drive lhrichsville, OH 44683 Rancho Mirage, CA 92270 William Nolan (93) lonald Ross Sandra Nolan latricia Ross (51 ) 4677 La Canada 2724 Canterbury Road Fallbrooy , CA 92029 jestlake, OH 44145 M/11 Thomas O 'Neil (32) 3onanno/ Bantor (60) Christopher Whalen 02 Los Molinos 9796 Scanlan Court ;an Clemente, CA 92672 Fountain Valley , CA 92709 Hans/Arleta Ottoson (67) 3herry L. Shaw (76) 3367 S. Barden Terrace Lane 562 Tava Lane Hacienda Heights, CA 91745 wim Desert , CA 92260 Theodore Pala (92) lomenico Sottile (75) Pala/Gebler/Hannegan/Bell /Dryei- Uo Anthony Sottile P. O. Box 1017 L473 Whitsett Tustin , CA 92680 El Cajon , CA 92020 Claudio Piana : art/Rosalie Sternau (71 ) Eugenia Pia-la (52) 1515 Opeckee Way 16646 Mt. Baxter Circle IlendaIV CA 91203 Fountain Valley , CA 92708 Alvino Ponce Jr . 4illiam Sullivan (0 3ilvia Sullivan ( 14) 261 )0 Tava Lane 206 Tava Lane Palm Desert , CA 9226(::) Oalm Desert , CA 92260 N. Jones / R. Jackson Dr, Harald Susbac (24) (83) D. Box 290]; P. O. Box 3437 Ralm Desert , CA 92261 Crestline, CA 923,205 R. O . Schmitz/ R. J. J. (86) lark/Julie Sweet (81 ) 511 Tava Lane 3554 Loadstone Drive Palm Desert , CA 92.260 Sherman Oaks, CA 9140--*!, ,.. Linda Ricksecker Nathan/Sonia Tenebaum ( Q) (55) 23450 Marlow 1206 W. Barkley Oak Park , MI 48237 Orange, CA 92669 Allen 3. Robinson (99) Frank/Poula Terrick (23) 921 Hilldale Ave. 2920 West 226th Street West Hollywood , CA 90069 Torrance, CA 90505 P. S. fi. 11otson 4 ) 314 Tava Lane, Palm m Desert , CA 92260 I'1<:ar-ia;u-e Totten (5 ) 3236 Flower Hill Lane Hacienda Hei_ght_;, .CA .91*745 Raymond L. Wi. 11sey (SS) 332 Center Street ET Segundo , CA 90245 M/M James lalir-sing (60) 451. Tava Lane Palm Desert , CAI 92260 Marl -young (7) 36��2. Country Club Drive Los Angeles , CA 90019 Archie Zac s. \ Fannie Zack. (70) 10:190--A C-agl.e.wood Road Boynton Beach , FL 436 18947, L# PLAN BUYER NAME TARGET GROUP --------- ----- ------------------- ------------ 1. 991 ALVINO PONCE JR x 14 1289 SILVIA RIVERA x 195-2 1288 MIKE CASE x 199-2 1288 MARTIN H. NINE x 23 965 JANE ARNSEN X- 29 991 MAEITZA GRABOWSk..'l x 33 965 FRANCIS V HALL x 57 991 DENNIS WAHLIN x 84 991 ALLEN BARKLEY (SUB) x 85 991 ANTHONY BRUNO x ----------------- COUNT: 10 ----------------- Recording Request By: VISTA DEL MONTANAS HOMEOWNERS' ASSOCIATION When Recorded, Mail to: VISTA DEL MONTANAS HOMEOWNERS' ASSOCIATION c/o of Wayne S. Guralnick A Professional Law Corporation 74-399 Highway 111, Suite M Palm Desert, California 92260 AGREEMENT L THIS AGREEMENT made this day of January 1984, by and between VISTA DEL MONTANAS HOMEOWNERS ' ASSOCIATION, a California Nonprofit Corporation ( hereinafter referred to as "ASSOCIATION") and NICK TAVAGLIONE, doing business as Tavaglione Construction Company (hereinafter referred to as "DEVELOPER" ) . RECITALS: WHEREAS, the DEVELOPER is the owner of approximately 56. 4 acres generally located north of Hoveley Lane, east of Cook Street, Palm Desert, Riverside County, California, being a portion of the southwest one quarter of Section 10, Tract 5 South, Range 6 East, San Bernardino Base and Meridian with a Tentative Tract No. 19847 and Accessor' s Parcel No. 632-030-002 ( hereinafter referred to as "subject property") ; and WHEREAS, the ASSOCIATION represents the owners of the 106 adjacent lots in the existing subdivision known as Vista Del Montanas; and WHEREAS, the project known as Vista Del Montanas con- sists entirely of single family detached homes; and WHEREAS, it is the desired intention of DEVELOPER to develop the adjacent subject property as condominiums; and WHEREAS, the DEVELOPER desires to obtain approval from the City of Palm Desert for its proposed condominium project on the subject property (hereinafter sometimes referred to as "The Falls" ) ; and WHEREAS, DEVELOPER desires that the ASSOCIATION forebear from taking any action in opposition to the DEVELOPER'S proposed condominium project on the subject property. NOW, THEREFORE, in consideration of the mutual promises of the parties hereto, each to the others as coventors and coven- tees and expressly for the benefit of, and to bind, the successors in interest, said parties agree as follows: 1. CONSTRUCTION OBLIGATIONS OF THE DEVELOPER. DEVELOPER agrees and covenants to construct the following in a good and workmanlike manner for the benefit of ASSOCIATION: (a) A six foot slumpstone wall surrounding the perimeter of the Vista Del Montanas Project starting at its northernmost corner and continuing thereafter to its southernmost point at the junction of Hoveley Lane and Largo. Said slumpstone wall shall be in similar design and construction to the slumpstone wall now existing on portions of the Vista Del Montanas project. DEVELOPER shall construct said slumpstone wall at least ten feet from the now existing perimeter of the Vista Del Montanas project and shall -2- conveysaid ten foot setback b deed to the ASSOCIATION (herein- after . Y . ( after referred to as "greenbelt") . The conveyance of said green- belt by DEVELOPER to ASSOCIATION shall take place within 60 days of DEVELOPER'S initiation of construction on the subject property; (b) DEVELOPER shall landscape the "greenbelt" with plants, trees and grass and shall install said "greenbelt" area with the necessary and appropriate irrigation system. Said irri- gation and landscaping of the "greenbelt" area shall be of the same standard and quality as those greenbelt areas landscaped by the DEVELOPER in the subject property; (c) DEVELOPER shall further construct the slumpstone wall and "greenbelt" area along the perimeter of the Vista Del Montanas project as stated above in such a manner to provide for, redress and cure any drainage problems created by or located at said "greenbelt" or slumpstone wall areas; (d) DEVELOPER further agrees that he will construct the perimeter slumpstone wall referenced above within 60 days after initiation of construction on the subject property; (e) DEVELOPER shall further convey a parcel of real pro- perty approximately 15 , 000 square feet in area (located at the northernmost area of the Vista Del Montanas project) to the ASSOCIATION within 30 days after the developer receives approval from the City of Palm Desert for its final tract map; 2. CONSTRUCTION OF THE SUBJECT PROPERTY. DEVELOPER covenants and agrees that in the planning, design and construction of "The Falls" project on the subject property, the developer shall provide for the following: -3- (a) That all buildings on the perimeter of the subject property adjacent to the Vista Del Montanas project shall be single story condominiums; (b) That there shall be a 50 foot greenbelt setback along the perimeter slumpstone wall between the Vista Del Montanas project and the subject property. In calculating the said 50 foot greenbelt setback, the DEVELOPER can include the 10 foot greenbelt area conveyed to the ASSOCIATION in Paragraph l(a) above. DEVEL- OPER shall not construct any building, structure, garage, road or any other improvement except greenbelt landscaping and the slump- stone wall within said 50 foot greenbelt setback area. Notwith- standing the above, DEVELOPER shall only have a 20 foot setback requirement along the first 500 feet of the north perimeter area between the Vista Del Montanas project and the subject property. In calculating the 20 foot greenbelt setback (for the 500 feet of the north perimeter area between Vista Del Montanas and the sub- ject property) , the DEVELOPER can include the 10 foot greenbelt area conveyed to the ASSOCIATION in Paragraph l(a) above; (c) DEVELOPER shall construct the single story condo- miniums along the perimeter (of the subject property adjacent to the Vista Del Montanas project) as referenced above in such a manner that there shall be no garages along the perimeter of same; (d) During the construction of any portion of the sub- ject property, DEVELOPER shall water down, in accordance with the City of Palm Desert standards, all of the subject property under construction (to reduce sand and dust movement for the Vista Del Montanas homeowners) . -4- 3. ASSOCIATION OBLIGATIONS: ASSOCIATION agrees and covenants: (a) To accept delivery of the greenbelt area and, upon completion of all improvements in a good and workmanlike manner to be constructed thereon in accordance with Paragraph 1 above, ASSOCIATION shall commence maintenance of same; (b) To accept delivery of a deed to the real property referenced in Paragraph l(e) above and to maintain same upon receipt of said deed; (c) So long as the DEVELOPER performs under his obliga- tions in Paragraphs 1 and 2 hereunder, ASSOCIATION shall forebear from taking any action in opposition to the administrative appro- val proceedings for the "The Falls" project on the subject prop- erty. 4. The covenants herein contained run with the land, and unless otherwise altered or terminated in accordance with the pro- visions herein contained, shall bind all persons in interest, the heirs, legal representatives, successors and assigns until January 1, 1994, at which time said covenants shall automatically extend for a successive periods of ten years each, unless, by mutual agreement between DEVELOPER and ASSOCIATION, at or prior to the end of the initial term or any successive period of ten years, said covenants shall be amended, changed or terminated in whole or in part. Such amendments, changes or termination shall be effec- tive by instruments in recordable form executed by DEVELOPER and the ASSOCIATION and filed in the proper office of record. 5. Any written notice or other documents relating to or -5- required by these covenants may be delivered either personally or by mail. If by mail, such notice or document shall be deemed to have been delivered and received 72 hours after a copy thereof has been deposited in the United States mail, postage prepaid, addressed as follows: If to the ASSOCIATION: 73-255 E1 Paseo, Suite 3B Palm Desert, Calfornia 92260 With Copies to: WAYNE S. GURALNICK A Professional Law Corporation 74-399 Highway 111, Suite M Palm Desert, California 92260 If to the DEVELOPER: 9000 Arlington Avenue Riverside, California 92503 Provided, however, that any such address may be changed at any time by the party concerned by delivering a written notice of change of address to the other party. 6 . The invalidity or partial invalidity of any provision of these covenants shall not affect the validity or enforcement of any other provision. 7. The singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine and neuter shall include the masculine, femi- nine or neuter as the context requires. 8 . DEVELOPER agrees to and shall hold the ASSOCIATION, its officers, agents, employees and representatives harmless from liability for damage or claims for damage of personal injury, including death and claims of property damage which may arise from the direct or indirect operations of the DEVELOPER or those of his contractor, subcontractor, agent, employee or other person acting -6- I r on his behalf which relate to the development on the subject prop- erty. DEVELOPER agrees and shall defend the ASSOCIATION and its officers , agents, employees and representatives from actions for damages caused, or alleged to have been caused, by reason of DEVELOPER'S activities in connection with the subject property. 9. If a legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorney' s fees and court costs . 10 . Time is of the essence of this Agreement, it being understood that each date set forth herein and the obligations of the parties to be satisfied by such date have been the subject of specific negotiation by the parties. 11. This Agreement may be signed by the parties in dif- ferent counterparts and the signature pages combined to create a document binding on all parties. 12. Each party hereby represents to the other that this Agreement has been duly executed by duly authorized officers or general partners of such party and constitutes a valid, binding and enforceable obligation of such party. 13 . All remedies at law or in equity which are not otherwise provided for in this Agreement are available to the par- ties to pursue in the event there is a breach herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. -7- VISTA DEL MONTANAS TAVAGLIONE CONSTRUCTION COMPANY HOMEOWNERS ' ASSOCIATION By: Bye, n Presidet CK TAVA IONE By'— Secretary State of California ) ) ss County of Riverside ) On January , 1984, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who exe- cuted the within instrument as the president of the corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. NOTARY PUBLIC State of California C ) ss County of Riverside ) On January 1984, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who exe- cuted the within instrument as the secretary of the corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. NOTARY PUBLIC -8- STATE OF CALIFORNIA ) ss . COUNTY OF RIVERSIDE ) On January 1984, before me, the undersigned, a Notary Public in and for said State, personally appeared Nick Tavaglione personally known to me, or proved to me on the basis of satisfac- tory evidence, to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS MY HAND AND OFFICIAL SEAL the day and year as set forth above. NOTARY PUBLIV — OFFICIAL SEAL BARBARA J . JONES NOTARY PUBLIC - CALIFORNIA _., PRINCIPAL OFFICE IN MY COM MISSION EXPIRES I APRILL 29DE Y 1985 -9- t, r= 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 September 11 , 1986 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: C254_MF APPLICANT (AND ADDRESS) : IMPERIAL BANK, Mountain View Falls, P.O. Box 92991 , Los Angeles, CA 90009. NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of landscape plan. LOCATION: Mountain View Falls ------------------------------------------------------------------------------ Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission continued this case for restudy. Date of Action: September 9, 1986 Vote: Carried 4-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision. ) ------------------------------------------------------------------------------ STAFF COMMENTS: Please read the attached minutes. MINUTES ARCHITECTURAL COMMISSION SEPTEMBER 9, 1986 It was moved by Commissioner Cook, seconded by Commissioner Martin to grant final approval subject to the following conditions. I . The front wing wall to maintain the 4 foot width as shown in preliminary drawings. . 2. West elevation to duplicate the curving wing wall to balance the facade of the building. 3. Final landscape plan to be reviewed and approved by architec- tural commission. Condition numbers one and two to be approved by staff. Carried 4-0 2. CASE NO: 254 MF APPLICANT (AND ADDRESS) : IMPERIAL BANK, Mountain View Falls, P.O. Box 92991 , Los Angeles, CA 90009. NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of landscape plan. LOCATION: Mountain View Falls Chairman Gregory reviewed the landscape plan and indicated that the plan needed to be revised. He noted that several materials were located in exposures where they would not last. It was moved by Commissioner Cook, seconded by Commissioner Martin to continue this case to allow restudy of the landscape plan. Changes to be addressed as noted on the landscape plan. Carried 4-0. 3. CASE NO: 308 C APPLICANT (AND ADDRESS): PACIFIC EQUIPMENT, 6171 Wimbledon Drive, Riverside, CA 92506; HOLDEN 8 JOHNSON, 73-330 El Paseo #8, Palm Desert, CA 92260. NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of a 8500 square foot landscaping equipment warehouse showroom. LOCATION: Northeast corner of 42nd Avenue and Corporate Way. ZONE: S. I . 3 W ATEq ESTABLISHED IN 1918 AS A PUBLIC AGENCY ��/STRICt COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058•COACHELLA, CALIFORNIA 92236•TELEPHONE(619)398-2651 DIRECTORS OFFICERS RAYMOND R.RUMMONDS,PRESIDENT LOWELLO.WEEKS,GENERAL MANAGER-CHIEF ENGINEER TELLIS CODEKAS,VICE PRESIDENT December 19, 1983 BER NAVICTORB HARDY,AUDITOR JOHN P.POWELL PAUL W.NICHOLS REDW INE AND SHERRILL,ATTORNEYS STEV E D.BUXTON File: 0163. 11 0421. 1 0721. 1 �J�,� - Department of Environmental Services City of Palm Desert VIRONMENTAL SERVICES Post Office Box 1977 E PITI Of, PALM DESERT Palm Desert, California 92261 Gentlemen: Subject: Tract 19,847 and Precise Plan 27-83, Portion of Southwest Quarter, Section 10, Township 5 South; Range 6 East, San Bernardino Meridian. This area lies on sandy area in the Northern Portion of Palm Desert and is considered safe from stormwater flows except in rare instances. The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District. . There may be conflicts with existing District facilities. We request the appropriate public agency to withhold the issuance of a building permit until arrangements have been made with the District for the relocation of these facilities. , Yours very truly, Lowell 0. Weeks eneral Manager-Chief Engineer CS:kr cc: Riverside County Department of Public Health 46-209 Oasis Street Indio, California 92201 Attention: Don Park TRUE CONSERVATION USE WATER WISELY TICS OF DETERMINATION j Negative Dciiaratio_ TO: (X) County Clerk O Secretary for i-R.esources County of Riverside 1416 Ninth.St., Rm 1311 4050 Main Street Sacramento, CA 95814 Riverside, CA 9109--1119ITI FROM: City of Palm Desert 45-275 Prickly Pear- Lati(F'� 2 19isll Palm Desert, CA 92260 ENVIRONMENTAL_ SENViI:Ea r SUBJECT: Filing of Notice of D" Mer filyiiItudSs asizxompliance with Section 21108 or 21152 of the public resources code. 00 27-83 TT 19947. The Falls °r. Pro ert Pitle/Common Name: _ • c Date of Praiect Approval: 01-17-84 State Clearinghouse Number (if submitted): N/A Contact Person: Phil Drell Prot Location: 1200 ft. east of Cook Street, north of Hovley Lane jec Project Descriu'ort: 352 condominium units on 56 acres This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: 1. The project O will, (X) will not, have a significant effect on the i environment. 2._ An environmental impact report was prepared for this project pursuant i to the provisions of CEQA. A copy of the negative declaration may be examined at the above city hall address. X A negative declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the negative declaration may be examined a,t ti le a' Ve �I:y Raii addr CSS. - 3. Mitigation measures (X) were, O were not, made a condition of the approval of the project. 4. A statement of overriding considerations O was, (X) was not, adopted for this project. r�t(?ViSC> S BOAIRO U� ,lO LD ri 1,4 SignatDeLle Da1:e Ricer✓ed for Filing BY �)a, Please return date-stamped copy in the enclose(( e)velope. "'i ' j1 l - Cufbl� Q:ff nPa3Zma POST OFFICE BOX 1977, PALM DESERT, CALIFORNIA 92261 TELEPHONE(619)346-0611 NEGATIVE DECLARATION Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. Case No: TT 19847 and PP 27-83 Applicant/Project Sponsor: TAVAGLIONE CONSTRUCTION COMPANY 9000 Arlington Avenue Riverside, California Project Description/Location: 352 condominium planned development on 56.4 acres located north of Hovley Lane east of Cook Street. The Director of the Department of Environmental Services, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially signific4_ntets, may also be found attached. wWe4w41v _ 13-� -"'� RAMON A. DIAZ &XTE Director of Environmental Services RAD/tm 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 April 1 . 1986 Paul Green Phoenix Group 2880 N.W. Kings Corvallis, Oregon 97330 RE: 1986 price and income maximums for Mountain View Falls bonus units Dear Mr. Green: Income and unit price maximum for the 25% bonus units shall be as follows: Unit Type Price Income Max. 2 bd - 2 bath - 2 story $72,556 $32, 176 2 bd - 2 bath - I story $76,824 $34,200 3 bd - 2 bath $83,226 $36,226 The future selling price of new units is tied to the percentage increase in the median income for a family of four as reported by the U.S. Department of Housing and Urban Development for the Riverside-San Bernardino Area. Sincerely, Philip . Drell Associate Planner cc: Rupert Chutkow Eli Bier Realty - 700 E. Tahquitz Palm Springs, CA 92262 PDD/dlg T[T:HETRMOCRETERUCTURES "^ DOUGLASS BUILDING SYSTEMS 68-895 Perez Road #21 License No. 493622 Cathedral City, CA 92234 (619) 328-9192 May 19, 1988 MAY 1 91988 Planning Commission Co""N"'0EyELOPM,�Nr City of Palm Desert Cirr 9F PALMOESEANrMENF 73510 Fred Waring NT Palm Desert, CA 92260 Re: Mountain View Falls Tract 19847-3 City Council Ordinance No. 364 Dear Commissioners: It is the desire of this company to build and sell 44 dwelling units to be added to the 100 units previously sold in this project. We are requesting that you approve the following sales prices- . 2 bedroom, 2 bath - 991 sq. ft. at $88, 600 3 bedroom, 2 bath - 1, 288 sq. ft. at $99, 600 These are higher prices than were approved by City Council Ordinance No. 364 four years ago. Some of the reasons for the higher prices include: 1. School fees of $1.50 per square foot have been added to the direct costs. Indirect costs, including larger construction loans to pay for the school fees, added sales commissions, and others, have added at least 25% to the direct school fees. The result is then: 2 bdrm - 991 sq. ft. x $1. 50 + 25% _ $1, 857 added. 3 bdrm - 1,288 sq. ft. x $1.50 + 25% _ $2, 415 added. 2 . The direct cost of the land has increased an average of $2 , 840 per unit. Adding the 25% indirect costs brings this added land cost to $3, 550 per unit. 3 . The sizes of the units to be built are increased from the City's reference sizes of 950 sq. ft. to 991 sq. ft. , and from 1, 150 sq. ft. to 1,288 sq. ft. resulting in added overall costs. 4 . Inflationary cost increases for subcontractors, labor and materials have added further to the costs. Page 2 Planning Commission City of Palm Desert May 19, 1988 5. Construction lenders require that all of these added costs be covered in order to qualify for construction loans. Your approval of the above listed sales prices is respectfully requested. Very truly yours, 9ohn C. Dou ss, Jr. President JCD/nl 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORN]A 92260 TELEPHONE(619)346-0611 May 20, 1988 CITY OF PALM DESERT LEGAL NOTICE MOUNTAIN VIEW FALLS AFFORDABLE HOUSING DEVELOPMENT AGREEMENT CASE NO. DA-2 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by DOUGLAS BUILDING SYSTEMS for approval of amendments to or the possible voiding of the existing development agreement specifying terms and conditions for the marketing and sale of residential condominiums In the Mountain View Falls development located east of Cook Street and north of Hovley Lane. I SAID public hearing will be held on Tuesday, June 7, 1988, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic.Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council ) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary May 27, 1988 Palm Desert Planning Commission t _ CITY COUNCIL ORDINANCE NO. 364 ,t., EXHIBIT "A" , TAVAGLIONE/PALM DESERT. MODERATE INCOME HOUSING`` '.2 DEVELOPMENT AGREEMENT 1 1 This agreement is made and entered into this 12th day of April, 1984, by,and between the City of Palm .Desert, ;hereinafter, referred,.to as the !'CITY", and-Nick Tavaglione Construction Company, hereinafter referred to as the "DEVELOPER" provides: 1. DEVELOPER is owner of certain,real property,located within the City of Palm Desert, California, which property is described in "Exhibit All attached hereto and made a part hereof (hereinafter "PROPERTY"). 2. Pursuant to the goals and objectives of the, Palm Desert ,General Plan Housing Element and provisions of California State Government Code Section -65915 designed to facilitate , the, construction of housing affordable to moderate income households,, DEVELOPER has applied and been granted conditional approval of Tentative Map 19847 and Precise Plan of Design 27-83 (hereinafter, "PROJECT") to construct 352 residential condominium units on the PROPERTY. , 'These approvals included a 25% density bonus increasing the density from 5 du/ac to 6.25 du/ac. 3. As used herein, "moderate•income households"shall refer to families or individuals whose gross income does not exceed 120% of the Riverside County median , income based upon ,financial,. and demographic information received from the United States Department of Housing and Urban Development (HUD) or its successor agency. This information is contained in "Exhibit B" and shall be updated automatically as data is h 1 1 i , CITY COUNCIL ORDINANCE NO. 364 obtained from HUD. If in the future more current data is made available by the United States Bureau of Labor Statistics or other officially recognized agencies, the applicant may request amendment to this l AGREEMENT to include this data. I 4. State Government Code Section 65915 requires that at least 25% of the units (hereinafter referred to as "AFFORDABLE UNITS") within the PROJECT be affordable by moderate income Households. Pursuant and in addition to this requirement, the DEVELOPER hereby agrees to price 100% of the units within Phase I of the PROJECT consistent with the income limits of moderate income households. This maximum selling price shall be based upon a monthly payment (mortgage, taxes and insurances) approximately equivalent to 30% of the maximum gross monthly income of a moderate income household. This figure shall be adjusted according to size and type of unit. The following selling maximum prices shall apply to Phase I of the PROJECT. - 42 two bedroom two story 991 sq. ft. $68,000 - 16 two bedroom one story 961 sq. ft. $70,000 - 42 three bedroom two story 1288 sq. ft. $78,000 5. Resale Controls: In an effort to discourage speculation and preserve the affordable nature of this project, the following resale controls shall be made a part of the covenant conditions, and restriction of the PROJECT. a. Resale Price Increase Limitations: The price increase allowable upon resale of the units subject to this agreement shall be based upon the increase in the C.P.I. from the date of the close of escrow of the original sale to the escrow opening of the resale. -2- CITY COUNCIL ORDINANCE NO. 364 If for any reason there is any change in the method of calculation of the C.P.I., or that price index is no longer published, then another index generally ,recognized, as authoritative shall be instituted. Price increases shall not exceed ten percent U0%) per anum or the annual increase in the C.P.I., whichever is smaller. b. Capital Improvement Price Increase Limitations: A price increase shall be allowed for any capital improvements t a building permit issued b the City of Palm installed pursuant o g p Y Y Desert, or such capital improvement as distinguished from maintenance which qualify under ,the Internal Revenue Code Section 263. �l C. Term of Resale Restriction: J 1. When all units in a particular, phase are priced within the affordable limitations set ,,forth in section .4 of this agreement, resale controls shall apply for a period of two years. 2. If within a particular phase,there exists a price differential of $5,000 or more . between the lower priced 25% AFFORDABLE UNITS and the 75% remaining units, then the AFFORDABLE UNITS shall be subject to resale limitation for 5 years. The units priced $5,000 over the affordable level shall be exempt from resale limitations. When the price differential is less than $5,000, section 5, c, 1 shall apply. -3- CITY COUNCIL ORDINANCE NO. 364 d. Enforcement: 1. Prior to the entering into escrow, the seller shall submit a maximum price proposal to the city for review and approval. The city's report will become part of the escrow documents. The city shall receive all escrow documents prior to closing to certify compliance with this agreement. 6. The marketing program for the PROJECT shall give priority to moderate income households and shall include.the following features: a. 30 days prior,to the opening of each phase, the DEVELOPER shall advertise and receive applications from eligible moderate income home buyers. The minimum qualifications shall be: ,p f1. Minimum 2 person household. l r 2. Maximum income for the following household sizes: 4 persons or less - $30,150 (two bedroom unit) 5-6 persons - $33,900 (three bedroom unit) 3. The unit must be the purchaser's sole permanent residence. b. If the number of applicants meeting minimum qualifications exceeds the number of units offered,,:then the following priorities shall apply: 1. First time home buyers: Households which have not owned a home within the last 5 years. :, .... .. 2. Single parent households. j _4_ CITY COUNCIL ORDINANCE NO. 364 C. If 25% of the units within each phase are not sold to the target group during the pre-opening application period, sufficient units shall be reserved during the next 90 days to insure that the 25% moderate income target can be achieved. Units remaining after this 90-day period may be marketed without restriction other than price provisions of section 4 and 5 of this agreement. d. At least 120 days prior to the opening of each subsequent phase, the DEVELOPER shall submit a price schedule to the CITY consistent with the requirements of this AGREEMENT. A minimum of 25% of the units in each phase must conform to HUD moderate income guidelines. e. The DEVELOPER agrees to allow the city to audit DEVELOPER'S records to determine that terms of this AGREEMENT are being 1 complied with. J 7. The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin or age. ' 8. The terms of this AGREEMENT shall run until all units of the PROJECT are sold. 9. The provisions of this AGREEMENT shall run with, burden and. bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. -5- CITY COUNCIL ORDINANCE NO. 364 10. This AGREEMENT shall be reviewed by the CITY planning commission every 6 months, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the terms of the AGREEMENT. If as a result of this review the commission finds and determines on the basis of substantial evidence that the applicant has not complied in good faith with terms or conditions of the AGREEMENT, it shall recommend to the city council that the AGREEMENT be modified or terminated. If the city council concurs with the planning commission recommendation, the AGREEMENT shall be modified or terminated. Proceedings before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith. If substantial improvements are already in place and l� modifications acceptable to the CITY cannot be negotiated, then enforcement of provisions of this AGREEMENT shall be pursued through legal action per No. 8 of this AGREEMENT. 11. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 12. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that .each such AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. _6_ j CITY COUNCIL ORDINANCE NO. 364 IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. 11 • J THE CITY OF PALM DESERT B r •j,; By NICK TAVAGLIONE CONSTRUCTION (Notarized) By ATTEST: �l -7- CITY OF PALM DESERT TRANSMITTAL LETTER I . TO: Honorable Mayor and City Council 11 . REQUEST: Consideration of approval of amendments to or the possible voiding of the existing development agreement specifying terms and conditions for the marketing and sales of residential condominium in Mountain View Falls. 111 . APPLICANT: Douglas Building Systems 68-895 Perez Road, #21 Cathedral City, CA 92234 1V. CASE NO: DA-2 (Development Agreement) V. DATE: June 23, 1988 VI . CONTENTS: A. Staff Recommendation. B. Discussion. C. Draft Ordinance No. D. Planning Commission Minutes Involving Case No. DA-2. E. Planning Commission Staff Report dated June 7, 1988. F. Related maps and/or exhibits. ---------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Pass Ordinance No. , declaring that the conditions and intent of DA- 2 have been met and terminating the agreement, to second reading. r B. DISCUSSION: April 12, 1984 the city entered ,into a development agreement with Nick Tavaglione to facilitate the construction of housing affordable to moderate income households. Mr. Tavaglione received a density bonus on his 56 acre site from 5 units per acre to 6.25 units per acre. In return he agreed to sell 25% of the units at a price affordable to moderate Income households. The total project was to be 352 units. The agreement also provided for resale controls for a period of two years and priority to certain households should there be a mass run on the units. Through a series of events only 100 units were built and the project then went into bankruptcy. STAFF REPORT DA-2 DEVELOPMENT AGREEMENT JUNE 23, 1988 Over time all 100 units were sold at prices which complied with the moderate income levels ($70,000 and $78,000). Recently planning commission approved a. precise plan and parcel map to extend the Lakes County Club by 9 holes. A "J". shaped piece located east of Mountain View Falls 'was a remainder piece of that map. This piece is being marketed for development as an extension of 44 units to Mountain View Falls. Douglas Building Systems has obtained the right to complete the development of the remaining property subject to several conditions: 1 . They must exercise the right by July, 1988. 2. They must obtain approval of 67% (67) owners in the existing Mountain View Falls to annex this development to it. Staff Is in receipt of a document provided by the Mountain View Falls Homeowners Association indicating that the required 67% acceptance has been achieved. Mr. Douglas proposes to sell the units for $88,600 and $99,600. Using a similar method of calculating the maximum selling price from that used in 1984, staff could only obtain prices of $84,000 and $94,000. In a letter dated May 19, 1988, Mr. Douglas points out several reasons for this discrepancy In the price structure. We do not dispute any of the Items delineated by Mr. Douglas. All these items were not present when the agreement was executed. Tf b question becomes, "Do we want to amend the agreement to take into account school impact fees, increased land costs over that paid by the original developer, and increased unit sizes above the referenced size for our income limits?" A second option would be to make the finding that the conditions and intent of the development agreement (DA-2) have been met and the agreement should be terminated. Planning commission determined that since all 100 of the existing units were sold in the moderate price level , the agreement has already resulted in more moderate income level units than were originally required ( i .e. 25% of 352 = BB) or alternatively since only 144 units will be built, only 36 moderate income units are required (i .e. 144 x 25%) . Both these levels have been attained. in addition, the two year period of resale controls has expired. To come in and control the price levels on this last phase 2 STAFF REPORT DA-2 DE.VELOPVIUU AGREDqua JUNE 23, 1988 four years down the road could negatively impact any price appreciation to which existing residents are entitled. Accordingly, planning ocamission on a motion by Chairman Erwood, seconded by CamLissioner Ladlow, recamiended to council that Development Agreement #2 conditions and intent have been satisfied and said agreement should be terminated or allowed to expire. Motion carried 4-0. Prepared by: Reviewed and Approved by: /tM t 3 fORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING THAT THE CONDITIONS AND INTENT .OF THE DEVELOPMENT AGREEMENT (DA-2) SPECIFYING TERMS AND CONDITIONS FOR MARKETING AND SALES OF RESIDENTIAL CONDOMINIUMS IN MOUNTAIN 'VIEW FALLS HAVE BEEN MET AND TERMINATING SAID AGREEMENT. CASE NO. DA-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd day of June, 1988, hold a duly noticed public hearing to consider a request by DOUGLAS BUILDING SYSTEMS for amendment to or voiding of the above noted development agreement; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of June, 1988, hold a public hearing and following said public hearing did by minute motion recommend to the city council that the city council make the determination that the conditions and intent of DA-2 have been met and the agreement should, therefore, be terminated or allowed to expire; and WHEREAS, the applicant has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined that the request was previously assessed under Case. No. DA-2 and its negative declaration; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said council did find the following facts and reasons to exist to Justify making the determination that the conditions and intent of the development agreement (DA- 2) have been met and the agreement should, therefore, be terminated: 1 . The development agreement contemplated a total development of 352 units of which 88 (25%) units were required to be sold at prices specified in the agreement. ' 2. The development has been altered and will only have a total of 144 units of which 36 would need to be marketed at moderate income levels ( i .e. : 144 x 25% = 36) . 3. At this time 100 units have been built, all of which conformed to the price limits specified in the agreement. 4. The two (2) year period of resale controls applicable to the 100 units has passed. That the City Council of the City of Palm Desert, California, does hereby ordain as follows: 1 . That the above recitations are true and correct and constitute the findings of the council in this case. ORDINANCE NO. 2. That it is hereby determined that the conditions and intent of DA-2 have been met. 3. That the development agreement (DA-2) is hereby terminated for reasons specified above. PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert, California, on this day of 1988, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /tm ' 2 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 PLANNING CCMMSSION MEETING NDTICE OF ACTICIN I Douglas Building Systems 68-895 Perez Road, #21 Cathedral City, CA 92234 Re: Development Agreement #2�) The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of June 7, 1988. PLANNIM OCt-MSSION REO:M4ETIDED TO CITY COLR CI-L THAT DEVELOPMENT AGREEMENT #2 OCNDITIONS AND INTENT HAVE BEEN SATISFIED AND SAID AGREEMENT SHGULD BE MI'UNATED OR ALLOWED TO EXPIRE. K)TION CARRIED 4-0. Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen (15) days of the date of the decision. RAMDN A. DIAZ, SE PALM DESERT PLANNING SSION RAD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal I t CITY OF PALM DESERT DEPARTMENT OF OOMMLNITY DEVELOPMETTP STAFF REPORT TO: Planning Commission DATE: June 7, 1988 CASE NO: DA-2 (Development Agreement) REQUEST: Consideration of approval of amendments to or the possible voiding of the existing development agreement specifying terms and conditions for the marketing and sales of residential condominiums in Mountain View Falls. APPLICANT: Douglas Building Systems 68-895 Perez Road, #21 Cathedral City, CA 92234 I. BACEQ,RWDID: April 12, 1984 the city entered into a development agreement with Nick Tavaglicne to facilitate the construction of housing affordable to moderate income households. Mr. Tavaglione received a density bonus on his 56 acre site from 5 units per acre to 6.25 units per acre. In return he agreed to sell 25% of the units at a price affordable to moderate income households. The total project was to be 352 units. .. The agreement also provided for resale controls for a period of two years and priority to certain households should there be a mass run on the units. Through a series of events only 100 units were built and the project then went into bankruptcy. Over time all 100 units were sold at prices which complied with the moderate income levels ($70,000 and $78,000). Recently planning commission approved a precise plan and parcel map to extend the Lakes Country Club by 9 holes. A "J" shaped piece located east of Mountain View Falls was a remainder piece of that map. This piece is being marketed for development as an extension of 44 units to Mountain View Falls. II. CURRENT REIQUE5T: Douglas Building Systems has obtained the right to complete the development of the remaining property subject to several conditions: II PC STAFF REPORT DA-2 JUNE 7, 1988 1. They must exercise the right by July, 1988. 2. They must obtain approval of 67% (67) owners in the existing Mountain View Falls to annex this development to it. Mr. Douglas advises that these two items should fall into place in the near future. The last outstanding problem involves his ability to sell the units at prices which met the agreement prices indexed from April of 1984. Mr. Douglas proposes to sell the units for $88,600 and $99,600. Using a similar method of calculating the maximum selling price from that used in 1984, staff could only obtain prices of $84,000 and $94,000. In a letter dated May 19, 1988, W. Douglas points out several reasons for this discrepancy in the price structure. We do not dispute any of the items delineated by Mr. Douglas. All these items were not present when the agreement was executed. The question becomes, "Do we want to amend the agreement to take into account school impact fees, increased land costs over that paid by the original developer, and increased unit sizes above the reference size for our insane limits?" A second option would be to void the entire agreement. Staff favors this approach. The original agreement was executed in April, 1984. At that time we were expecting a 352 unit development at build out and that it would happen in a reasonably straight forward fashion with the same property owner/developer. All that has changed. We now have a maximum of a 144 unit development and a portion of a 9 hole golf course and the property ownership has changed several times. Since all 100 of the existing units were sold in the moderate price level it could be argued, and the city attorney concu s, ' that the agreement has already resulted in more moderate income level units than were originally required (i.e. 25% of 352 = 88) or alternatively since only 144 units will be built, only 36 moderate income units are required (i.e. 144 x 25%). Both these levels have been attained. In addition, the two year period of resale controls has expired. To cane in and control the price levels on this last phase four years down the road may negatively impact any price appreciation to which existing residents are entitled. 2 PC STAFF REPORT nA-2 JUNE 7, 1988 III. REQMMESIDATICN: That the planning commission recommend to the city council that Development Agreement 2, Tavaglione, approved by ordinance No. 364 be voided for the reasons outlined in the staff report dated June 7, 1988. Prepared by Reviewed and Approved by /tM 3 THERMOCRETE STRUCTURES "' DOUGLASS BUILDING SYSTEMS 68-895 Perez Road #21 License No. 493622 Cathedral City, CA 92234 (619) 328-9192 May 19, 1988 Planning Commission City of Palm Desert 73510 Fred Waring Palm Desert, CA 92260 Re: Mountain View Falls Tract 19847-3 City Council Ordinance No. 364 Dear Commissioners: It is the desire of this company to build and sell 44 dwelling units to be added to the 100 units previously sold in this project. We are requesting that you approve the following sales prices: 2 bedroom, 2 bath - 991 sq. ft. at $88, 600 3 bedroom, 2 bath - 1, 288 sq. ft. at $99 , 600 These are higher prices than were approved by City Council Ordinance No. 364 four years ago. Some of the reasons for the higher prices include: 1. School fees of $1.50 per square foot have been added to the direct costs. Indirect costs, including larger construction loans to pay for the school fees, added sales commissions, and others, have added at least 25% to the direct school fees. The result is then: 2 bdrm - 991 sq. ft. x $1.50 + 25% = $1, 857 added. 3 bdrm - 1, 288 sq. ft. x $1.50 + 25% = $2 ,415 added. 2 . The direct cost of the land has increased an average of $2 , 840 per unit. Adding the 25% indirect costs brings this added land cost to $3 , 550 per unit. 3 . The sizes of the units to be built are increased from the City' s reference sizes of 950 sq. ft. to 991 sq. ft. , and from 1, 150 sq. ft. to 1, 288 sq. ft. resulting in added overall costs. 4 . Inflationary cost increases for subcontractors, labor and materials have added further to the costs. r r Page 2 Planning Commission City of Palm Desert May 19, 1988 5. Construction lenders require that all of these added costs be covered in order to qualify for construction loans. Your approval of the above listed sales prices is respectfully requested. Very truly yours, P�- 9oh n C. Dou e ss, Jr. President - JCD/nl CITY COUNCIL OR .ANCE NO. 364 EXHIBIT "A' Y TAVAGLIONE/PALM DESERT - MODERATE INCOME HOUSING ' DEVELOPMENT AGREEMENT � This agreement is made and entered into this 12th day of April, 1984, by,and between the City of Palm Desert„hereinafter referred,.to as the "CITY",and Nick Tavaglione Construction Company, hereinafter referred to as the"DEVELOPER" provides: I. DEVELOPER is owner of certain real property,located within the City of Palm Desert, California, which property is described in "Exhibit A" attached hereto and made a part hereof (hereinafter "PROPERTY',). 2. Pursuant to the goals and objectives of.the, Palm Desert General Plan Housing Element and provisions of California State Government Code Section 65915 designed to facilitate the construction of housing affordable to moderate income households, DEVELOPER has applied and been granted conditional approval of Tentative Map 19847 and Precise Plan of Design 27-83 (hereinafter. "PROJECT") to construct 352 residential condominium units on the PROPERTY. , These approvals included a 25% density bonus increasing the density from 5 du/ac to 6.25 du/ac. :.i. . 3. As used herein, "moderate:inco me households"shall refer to families or individuals whose gross income does not exceed 120% of the Riverside County median income based upon financial. and demographic information received from the United States Department of Housing and Urban Development (HUD) or its successor agency. This information is contained in "Exhibit B" and shall be updated automatically as data is CITY COUNCIL ORDINANCE NO. 364 obtained from HUD. If in the future more current data is made available by the United States Bureau of Labor Statistics or other officially recognized agencies, the applicant may request amendment to this AGREEMENT to include this data. 4. State Government Code Section 65915 requires that at least 25% of the , units (hereinafter referred to as "AFFORDABLE UNITS) within the PROJECT be affordable by moderate income households. Pursuant and in addition to this requirement, the,DEVELOPER hereby agrees to price 100% of the units within Phase 1 of the PROJECT consistent with the income limits of moderate income households. This maximum selling price shall be based upon a monthly payment (mortgage, taxes and insurances) approximately equivalent to 30% of the maximum gross monthly income of a moderate income household. This figure shall be adjusted according to size and type of unit. The following selling maximum prices shall apply to Phase I of the PROJECT. - 42 two bedroom two story 991 sq. ft. $68,000 - 16 two bedroom one story 961 sq. ft. $70,000 - 42 three bedroom two story 1288 sq. ft. $78,000 5. Resale Controls: In an effort to discourage speculation and preserve the affordable nature of this project, the following resale controls shall be made a part of the covenant conditions, and restriction of the PROJECT. a. Resale Price Increase Limitations: i The price increase allowable upon resale of the units subject to this agreement shall be based upon the increase in the C.P.I. from the date of the close of escrow of the original sale to the escrow opening of the resale. -2- CITY COUNCIL OR:. AANCE NO. 364 If for any reason there is any change in the method of calculation of the C.P.I., or that price index is no longer published, then another index generally recognized as authoritative shall be instituted. Price increases shall not exceed ten percent (10%) per anum or the annual increase in the C.P.I., whichever is smaller. b. Capital Improvement Price Increase Limitations: A price increase shall be allowed for any capital improvements installed pursuant to a building permit issued by the City of Palm Desert, or such capital improvement as distinguished from maintenance which qualify under .the Internal Revenue Code Section 263. C. Term of Resale Restriction: r., 1. When all units in a particular, phase are priced within the affordable limitations set., forth in section .4 of this agreement, resale controls shall apply for a period of two years. 2. If within a particular phase there exists a price differential of $5,000 or more between the lower priced 25% AFFORDABLE UNITS and the 75% remaining units, then the AFFORDABLE UNITS shall be subject to resale limitation for 5 years. The units priced $5,000 over the affordable level shall be exempt from resale limitations. When the price differential is less than $5,000, section 5,c, 1 shall apply. _3_ I III CITY COUNCIL OR, ANCE NO. 364 . . d. Enforcement: 1. Prior to the entering into escrow, the seller shall submit a i maximum price proposal to the city.for review and approval. Il The city's report will become part,of the escrow documents. The city shall receive all escrow documents prior to closing to certify compliance with this agreement. 6. The marketing program for the PROJECT shall give priority to moderate income households and shall include.the following features: a. 30 days prior to the opening of each phase, the DEVELOPER shall advertise and receive applications from eligible moderate income home buyers. The minimum qualifications shall be: - 1. Minimum 2 person household. 2. Maximum income for the following household sizes: 4 persons or less - $30,150 (two bedroom unit) - 5-6 persons - $33,900 (three bedroom unit) 3. The unit must be the purchaser's sole permanent residence. b. If the number of applicants meeting minimum qualifications I� exceeds the number of units offered,, then the following priorities shall apply: 1. First time home buyers: Households which have not owned a p home within the last 5 years. 2. Single parent households. Cr -4- CITY COUNCIL ORDINANCE NO. 364 C. If 25% of the units within each phase are not sold to the target group during the pre-opening application period, sufficient units shall be reserved during the next 90 days to insure that the 25% JIII moderate income target can be achieved. Units remaining after this 90-day period may be marketed without restriction other than price provisions of section 4 and 5 of this agreement. d. At least 120 days prior to the opening of each subsequent phase, the DEVELOPER shall submit a price schedule to the CITY consistent with the requirements of this AGREEMENT. A minimum of 25%of the units in each phase must conform to HUD moderate income guidelines. e. The DEVELOPER agrees to allow the city to audit DEVELOPER'S records to determine that terms of this AGREEMENT are being 1 complied with. J 7. The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin or age. 8. The terms of this AGREEMENT shall run until all units of the PROJECT are sold. 9. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. -5- Il 1 CITY COUNCIL ORDuNANCE NO. 364 10. This AGREEMENT shall be reviewed by the CITY planning commission every 6 months, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the terms of the AGREEMENT. If as a result of this review the commission finds and determines on the basis of substantial evidence that the applicant has not complied in good faith with terms or conditions of the AGREEMENT, it shall recommend to the city council that the AGREEMENT be modified or terminated. If the city council concurs with the planning commission recommendation, the AGREEMENT shall be modified or terminated. Proceedings before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith. if substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated, then enforcement of provisions of this AGREEMENT shall be pursued through legal action per No. 8 of this AGREEMENT. II. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 12. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that .each such AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. �.a 6 1 � 1 , CITY COUNCIL OR. tNCE NO. 364 _ IN WITNESS WHEREOF the parties have executed this Agreement the year and date first above written. .� THE CITY OF PALM DESERT By By . NICK TAVAGLIONE,CONSTRUCTION (Notarized) By ATTEST: " I -7- PROOF OF PUBLICATION This space Is for the County Clark's Filing Stamp (20153 G.C.P.) C-� Cn CO C> N r- rn rn � ' STATE OF CALIFORNIA, N rn� � ' County of Riverside CD C) -rl IV U am a citizen of the United States and a CITY OF PALM DESERT resident of the County aforesaid; I am over theageof eighteen years, and not a party to Proof of Publication of or Interested In the above-entitled matter. 1 CASE NO . DA-2' am the principal Clark of.the printer of the .......................................................... DESERT POST .................................................... ...— ................................................... CITY OF PALM DESERT 'I LEGAL NOTICE .............................................. MOUNTAIN VIEW FALLS ll a newspaper of general circulation, printed AFFORDABLE HOUSING DEVELOPMENT AGREEMENT CASE NO.DA•2 B!-weeklyNOTICE IS HEREBY GIVEN that a public hearing will be held be- and published .................................. fore the Palm Desert Planning Commission to consider a request by DOUGLAS BUILDING SYSTEMS for approval of amendments to Palm Desert or the possible voiding of the existing development agreement In the City of ..... ......Desert e ..... speclfyirg terms and conditions.for the marketing and sale of rest. County of Riverside, and which dentist condominiums in the Mountain View Falls development lo- news• Gated east of Cook Street and north of Hovley Lane. 1 paper has been adjudged a newspaper SAID public hearing will be held on Tuesday,June 7,1988.at 7:00 Of general circulation b the Superior P.m. In the Council Chamber at the Palm Desert Civic Center, g Y P 73-510 Fred Waring Drive,Palm Desert.California,at which time Court of the County of Riverside, State of endplace all Interested persons are lnvitedtoattend and be heard. It you challenge the proposed actions in court,you may be limited to raising only those Issues you or someone else raised at the pu California,under the date of„10/5......0 196 m tr . fie hearing described in this notice,or in written correspondence delivered to the planning commission(or city council)at.or prior 83658 to,the public hearing. Case Number ................; that the notice, � RAMON A.DIAZ.Secretary Palm Desert Planning Commission of which the annexed is a printed copy (set [ (Pub.D.P.May 27,19W) In type not smaller than nonpareil), has been published In each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates, to-wit: 5/2 7 .................................................... all In the year 19.88. I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at,...Pe1 III...Desert California,thls27th...day of May.., 1988., c /sll naaft�ure Q Proof copies of this blank fern maybe secured from t CALIFORNIA NEWSPAPER SERVICE, BUREAU, INC. Legal Advertising Clearing House 120 West Second St., Los Angeles,Calif. 90012 Telephonst (213) 626.2541 PleaoaroaVosl OENNRAL Proof of Publication " Mho"oraortao this form. ORDINANCE No. 545 AN ORD i NANCE OF THE CITY COUNT,I L OF THE C i TY OF PALM DESERT, CALIFORNIA, DETERMINING THAT THE CONDITIONS AND INTENT OF THE DEVELOPMENT AGREEMENT (DA-2) SPECIFYING TERMS AND CONDITIONS FOR MARKETING AND SALES OF RESIDENTIAL CONDOMINIUMS IN MOUNTAIN VIEW FALLS HAVE BEEN MET AND TERMINATING SAID AGREEMENT. CASE NO. DA-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd day of June, 1988, hold a duly noticed public hearing to consider a request by DOUGLAS BUILDING SYSTEMS for amendment to or voiding of the above noted development agreement: and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of June, 1988, hold a public hearing and following said public hearing did by minute motion recommend to the city council that the city council make the determination that the conditions and intent of DA-2 have been met and the agreement should, therefore, be terminated or allowed to expire; and WHEREAS, the applicant has complied with the requirements of the ^City of Palm Desert Procedures to implement the California Environmental Quality Act, Resolution No. 80-89, in that the director of community development has determined that the request was previously assessed under Case. No. DA-2 and its negative declaration; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said council did find the following facts and reasons to exist to Justify making the determination that the conditions and intent of the development agreement (DA- 2) have been met and the agreement should, therefore, be terminated: 1 . The development agreement contemplated a total development of 352 units of which 88 (25%) units were required to be sold at prices specified in the agreement. 2. The development has been altered and will only have a total of 144 units of which 36 would need to be marketed at moderate income levels ( i .e. : 144 x 257E = 36) . 3. At this time 100 units have been built, all of which conformed to the price limits specified in the agreement. A. The two (2) year period of resale controls applicable to the 100 units has passed. That the City Council of the City of Palm Desert, California, does hereby ordain as follows: 1 . That the above recitations are true and correct and constitute the findings of the council in this case. ORDINANCE NO. 545 2. That it is hereby determined that the conditions and intent of DA-2 have been met. 3. That the development agreement (OA-2) is hereby terminated for reasons specified above. PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert, California, on this 14th day of July , 1988, by the following vote, to wit: AYES: Crites, Snyder, Wilson & Benson NOES: None ABSENT: Kelly ABSTAIN: None JEAN BENSON, OyLor - i ATTEST: SHE(LA R. GILL AN, City erk City of Palm Desert, Ca ornia /tm 2 ,1 CITY OF PALM DESERT w TR.ANSNUTTA.L :LETTER TO: Honorable Mayor and City Counci.i REQUEST: Approval of Tavaglione/Palm Desert Moderate Income Housint=, Development Agreement. APPLICANT: "Tavaglione Construction Company 900 Arlington Avenue Riverside, CA 92503 CASE NO: DA-2 , DATE: March 8, 1984 CONTENTS: A. Staff Recornmendation. B. Discussion. C. Ordinance No. D. Planning Commission Minutes involving Case No. DA-2. E. Planning Commission Resolution No. 936. F. Planning Commission Staff Report dated 02.-15-84. G. Related maps and/or exhibits. A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. _ DA-2 Tavaglione/Palm D:--sert Moderate Income Housing Development Agreement to second rea.din:il- B. DISCUSSION: This agreem,:rit implements the conditions of Precise Plan 27-83 and 'i'T 19847,. it was reviewed and approved by the city attorney and was passed unanimously ;:>y the planning cornmission. In exchange for the density increase from 5 d.u./acre to 6.25 d,+a.J,tcre,. the developer is committing, to at least 161 moderate income units. J ' ysi PZ?70 70Z f zo '7,2 2 iz I N ��s 83 2� L � 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 June 6, 1 88 CITY OF PALM DESERT LEGAL NOTICE MOUNTAIN VIEW FALLS AFFORDABLE HOUSING DEVELOPMENT AGREEMENT CASE NO. DA-2 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Council of the City of Palm Desert, California, to consider a request by DOUGLAS BUILDING SYSTEMS for approval of amendments to or the possible voiding of the existing development agreement specifying terms and conditions for the marketing and sale of residential condominiums in the Mountain View Falls development located east of Cook Street and north of Hovley Lane. SAID public hearing will be held on Thursday, June 23, 1988, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council ) at, or prior to, the public hearing. PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk June 10, 1988 City of Palm Desert, California I f RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: SUPPLEMENTAL DECLARATION OF ANNEXATION FOR MOUNTAIN VIEW FALLS HOMEOWNERS ASSOCIATION THIS SUPPLEMENTAL DECLARATION OF ANNEXATION is made this day of , 1988, by MOUNTAIN VIEW FALLS HOMEOWNERS ASSOCIATION, a California non-profit mutual benefit corporation ( "Association" ) , and , a California corporation ( "Owner" ) , with reference to the following facts : A. On or about June 19 , 1984 , a Declaration of Covenants, Conditions and Restrictions for Mountain View Falls Homeowners Association ( "Declaration" ) was recorded as Instrument No. 130398, Official Records of Riverside County, California. B. Section 3 of Article XVII of the Declaration provides as follows : "Upon approval in writing of the Association, pursuant to the two-thirds majority vote of members other than Declarant, any person who desires to add property other than the property described in Exhibit "B" to the plan of this Master Declaration and to subject such property to the jurisdiction of the Association, may record a Supplemental Declaration. The approval requirements of this section shall also apply to the property described in Exhibit "B" subse- quent to the expiration of Declarant ' s uni- lateral power to annex such property to the plan of this Master Declaration as described in Section 2 above. " C. The real property described in Exhibit "A" attached hereto ( "Annexable Property" ) constitutes a portion of property originally described in Exhibit "B" to the Declaration. Said L Annexable Property was not annexed to the Association prior to the expiration of Declarant ' s unilateral power to annex, and is now subject to annexation only in compliance with the requirements of Section 3 of Article XVII of the Declaration. D. Owner is the current owner of the Annexable Property and desires to annex same to the Association pursuant to said Section 3 of Article XVII of the Declaration. E. Prior to the date of this Supplemental Declaration, pursuant to a two-thirds majority vote of members of the Association other than the Declarant, the Association approved in writing annexation of the Annexable Property. NOW, THEREFORE, Association and Owner declare as follows : 1. Pursuant to the terms of Section 3 of Article XVII of the Declaration, Owner hereby annexes the Annexable Property to the Association and Association hereby consents and agrees to such annexation. Subsequent to recordation of this Supplemental Declaration of Annexation, the Annexable Property shall be held, sold, leased, transferred, occupied and conveyed subject to the terms, provisions, covenants, conditions, restrictions and easements of the Declaration, and this Supplemental Declaration of Annexation. 2 . Regular and special assessments provided for in the Declaration shall not commence as to residential lots in the Annexable Property until the first day of the first month following the conveyance of the first residential lot to be conveyed in the Annexable Property by Owner, or Owner' s successor in interest, to the purchaser thereof . 3. Effective as of the commencement of assessments as provided above, membership in the Association shall be expanded to include all of the owners of residential lots in the Annexable Property, including Owner, and each of said owners shall be entitled , to each of the rights or priveleges and benefits of an owner, as provided in the Declaration, and shall be obligated to comply with each of the obligations and responsibilities of an owner, as provided in the Declaration. -2- IN WITNESS WHEREOF, Association and Owner have executed this Supplemental Declaration of Annexation this day of 1988. MOUNTAIN VIEW FALLS HOMEOWNERS ASSOCIATION, a California corporation, By: President By: Secretary OWNER: STATE OF CALIFORNIA ) )ss.. COUNTY OF RIVERSIDE ) On , before me, the undersigned, a Notary Public in and for said State, personally appeared and , personally known to me (or proved to me on the basis of satisfac- tory evidence) to be the persons who executed the within instru- ment as President and Secretary, on behalf of MOUNTAIN VIEW FALLS HOMEOWNERS ASSOCIATION, a California corporation, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors . WITNESS my hand and official seal. STATE OF CALIFORNIA ) )ss. COUNTY OF RIVERSIDE ) On , before me the undersigned, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s ) whose name( s ) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. I�_ EXHIBIT "D" RECORDING REQUESTED BY AND AFTER RECORDING RETURr' TO: BEST, BEST S KRIEGER (WCE) 600 E. Tahquitz Way Palm Springs , California SUPPLEMENTAL DECLARATION OF ANNEXATION FOR MOUNTAIN VIEW FALLS HOMEOWNERS ASSOCIATION THIS SUPPLEMENTAL DECLARATION OF ANNEXATION is made this 774 day of `Juiv4z , 1988, by MOUNTAIN VIEW FALLS HOMEOWNERS ASSOCIATION, a California non-profit mutual benefit corporation ( "Association" ) , and DOUGLASS BUILDING SYSTEMS, a -alifornia corporation ( "Developer" ) , with reference to the ; , 11,s-wing facts : A. O?A or about June 19 , 1984 , a Declaration of Covenants, Conditi,.=ns and Restrictions for Mountain View Falls Homeowners Association .. "Declaration" ) was recorded as Instrument No. 130398, Official Recoids of Riverside County, California . B. Section 3 of Article XVII of: hr Declaration }provides as follows : "Upon approval in writing of the Association, pursuant to the two-thirds majority vote of members other than Declarant, any person who desires to add property other than the property described in Exhibit "B" to the plan Of this Master Declaration and to subject such prop ,rty to the jurisd.i.r,r•iQ,, of the Associati -:n , may record a Supplemental Declaraf i . i. T":, approval requirements of this section shall also apply to the property described in Exhibit "B" subse- quent to the expiration of Declarant ' s uni- lateral power to annex such property to the plan of this Master Declaration as described in Section 2 above. - C. The, real property described in Exhibit "D-l" attached hereto ( "Annexable Property" ) constitutes a portion of property originally described in Exhibit "B" to the Declaration. Said Annexable Property was not annexed to the Association prior to the expiration of Declarant ' s unilateral power to annex, and is now subject to annexation only in compliance with the requirements of Section 3 of Article XVII of the Declaration. D. Developer is the current owner of the Annexable Property and desires to annex same to the Association pursuant to said Section 3 of Article XVII of the Declaration. E. Prior to the date of this Supplemental Declaration, pursuant to a two-thirds majority vote of members of the Association other than the Declarant, the Association approved in writing annexation of the Annexable Property. follows : NOW, THEREFORE, Association and Developer declare as 1 . Pursuant to the terms of Section 3 of Article XVII of the Declaration, Developer hereby annexes the Annexable Property to the Association and Association hereby consents and agrees to such annexation. Subsequent to recordation of this Supplemental Declaration of Annexation, the Annexable .Property shall be held, sold, leased, transferred, occupied and conveyed subject to the terms, provisions, covenants, conditions , restrictions and easements of the Declaration, and this Supplemental Declaration of Annexation. 2 . Regular and special assessments provided for in the Declaration shall not commence as to residential lots in the Annexable Property until the first day of the first month following the conveyance of the first residential lot to be conveyed in the Annexable Property by Developer, or Developer ' s successor in interest , to the purchaser thereof . 3 . "Effective as of the commencement of assessments as provided above , membership in the Association shall be expanded to include all of the owners of residential lots in the Annexable Property, including Developer, and each of said owners shall be entitled to each of the rights or privileges and benefits of an owner , as provided in the Declaration, and shall be obligated to comply with each of the obligations and responsibilities of an owner, as provided in the Declaration. IN WITNESS WHEREOF, Association and Developer have executed this Supplemental Declaration of Annexation this 477- day of /'urvE 1988 . ASSOCIATION: MOUNTAIN—VIEW FALLS HOMEOWNERS ASSOCIATION, a California corporation, Pr side t By: Secretary DEVELOPER: DOUGLrKM BU LDING1SYSTEMS: By: �Pesiden By. !/ STATE OF CALIFORNIA ) Secretary ) ss. COUNTY OF RIVERSIDE ) On &O- 0 �UhQ /�1,PS' before me, the undersigned, a Nary Pub1}y/c 7 and for aid State, person lly appeared f5o ✓` SC71{VI � 7 and L6 ,ru T VYb'Me-_ , personally known to me ( or proved to m o the basis of satisfac- tory evidence) to be the persons who executed the within instru- ment as President and Secretary, on behalf of MOUNTAIN VIEW FALLS HOMEOWNERS ASSOCIATION, a California corporation, the corporation therein named, and acknowledged to me that such corporation executed th rument pursuant to its by-laws or a resoluti its FJs01 nd o directors . PATRICIA GARNER -NOTARYF LICLALIFORNIA ESSERkir �Rid nd off ' cial s al. MY COMM. EXP. JONE 24,1990 �- STATE OF CALIFORNIA ) )ss . COUNTY .OF RIVERSIDE ) On _Z) before me, the undersigned, a Notary nubJ is in�and Sf�r s iandtatq, p�rsonalJ�y aRpear d personally k wn o m proved to me on the bas ' of satisfac- tory evidence) to be the persons who executed the within instru- ment as President and Secretary, on behalf of DOUGLASS BUILDING SYSTEMS, a California corporation, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. I�Rt�U�TA"PUBU F E a d and off • ial se 1. • NO RIVERSIDE COUNTY MY COIM. EXP. JUNE 24.1990 r ra;-rl,ny EnprneefY IN THE CITY OF PALM DESERT I LA171b1'1' U-1 SHLE1 IOF2SHELIS PARCEL MAP NO. 23287 PARCFL 2 OF PARCEL MAP 104OY PM M/6ubB AND PANCfI . Of PARCEL MAP IMI PEE 101/19 5EClION 10 7 S S.R e E.S B B A M AECORDER'S CERTYICATE COUNTY OF RIVERSIDE.STALE OF CALIFORNIA . 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(Y) p ED ROOF PLAN Ul oe ti REA I <— KICD FEA4C e- TV ro VC- 7/L of rat Q ".,;�u Fir w7 Ef lyj G A OVE—k,41 1 17— > r V% BY DATE 71 pata -s W JOB NO Air., SHEET IIL t I,di oor -ALI PARK TREES .4 000.00\'o , < << y %Wf/X<eo" \�e I%> 0* V y AC> t40F< 41%r I\p j<'00t,THE FALLS . I /,00 4051 0&4 A.�- JL N 'IRV Ly -4 o r 4 /_v 61 '4 WZ� 40 �4'00,N 4% A 41 ol If 7�..o le 4ft el M&A . .-'% / / - A�.< kA,* L w la7 A6 *4068,A PHASE 41 �V_oOO A 41?A0 K AA.PHASE 3 ;,o y j A� o 40;t 44F, PHASE2 ITENNIS COURTS 21 4w A RECK t:ATION AREA 00000"o"'ALLY L V, IL CITY C T�j <t46�of limit 4w —3 1.%A 171 c.c.41 4 4", 0 LETTER C. L1 'A ACTION FORM r CC qo,- -m,- t I vt�to I I I i - a& , . -A j Date Y, CONSTRUCT1014 WALL COMMENCIE WITHIN E YEAR OF THIS AMOVAL. PERCOLATION BASINS. 4W . I I- , .AK 1, T zj A tv REFUSE AREA ow Ir + wow ,at, o vi j3mr LARGO DR.� PHASE 1 LJ L��� PH S 2 om+QM in = _pojp&m mp _,IF IV III m a m Ipm 0 Utz ,Ao%w- am VON IIIr7' '7 f L L y-, ;iA 4 lift*r PHASE I7 Imth 1-12-84 TAVAG IONE CONSTRUCTION 0 ' 60 120 240 KAMMEYER &ASSOCIATES ,PLANNING LANDSCAPE ARCHMECTURE 74 4(714) 311 244 IF4